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HomeMy WebLinkAbout2019-345-E DEAPR - Solitude Lake Management Twin Creeks pondRevised 10/17 (Mgr apprv 5k 6/18) 1 [Departmental Use Only] TITLE TC Fish Removal FY 2018-19 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 12th day of June, 2019, (“Effective Date”) by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Solitude Lake Management (the "Provider"), party of the second part; W I T N E S S E T H: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Provide one day totaling four hours of boat time to electro shock and remove the fish from Twin Creeks Park pond. Solitude Lake Management will then relocate the fish to Blackwood Farm Park Pond. The term of this agreement rendered shall be from July 1 to July 31. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Three Thousand Five Hundred Dollars, ($3,500). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non–waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider’s acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may DocuSign Envelope ID: EE23F468-2756-49BC-81A9-835B92D0E90E In Process nd agrees that Provider is qualified to perform and fully capable of agrees that Provider is qualified to perform and fully capable of uired or necessary under this Agreement in a fully competent, puired or necessary under this Agreement in a fully competent, p Revised 10/17 (Mgr apprv 5k 6/18) 2 be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: The Provider agrees, without limitation, to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider’s duties and obligations related to the Services to be provided in this Agreement. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. DocuSign Envelope ID: EE23F468-2756-49BC-81A9-835B92D0E90E In Processand further agree that it constitutes the complete and exclusive sand further agree that it constitutes the complete and exclusive s rties unless and until modified in writing and signed by the partieses unless and until modified in writing and signed by the parties elefacsimile signatureelefacsimile signature This Agreement together with any aThis Agreement together with any a Revised 10/17 (Mgr apprv 5k 6/18) 3 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Trent Nelson P.O. Box 8181 Business Development Consultant Hillsborough, NC 27278 DocuSign Envelope ID: EE23F468-2756-49BC-81A9-835B92D0E90E Competitively Sensitive & Proprietary Materials – The information contained herein is the intellectual property of SŌLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SŌLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 2844 CRUSADER CIRCLE, STE 450, VIRGINIA BEACH, VA 23453 | 888.480.LAKE (5253) | SOLITUDELAKEMANAGEMENT.COM ELECTROFISHING FISH REMOVAL CONTRACT PROPERTY NAME: Twin Creeks Park CONTRACT DATE: June 7, 2019 SUBMITTED TO: Travis Bogle SUBMITTED BY: Trent Nelson SPECIFICATIONS: Fish Removal: 1. SŌLitude Lake Management® will provide the client with fish removal services for one (1)days totaling four (3) hours of boat time. 2. Customer will provide one (1) person to net fish each day of sampling. 3. Contractor will only remove undesired fish as agreed to by the client. 4. Customer fully understands that electrofishing does not capture all fish within a water body. 5. Contractor will not be held responsible for fish lost or not captured within the water- body during the fish removal process. General: 1. Contractor is a licensed pesticide applicator in the states of Virginia, New Jersey, New York, North Carolina, Maryland, Pennsylvania, West Virginia, and Delaware. 2. Individual Applicators are Certified Aquatic Pesticide Applicators (Category 5A - Aquatic Pest Control) in Virginia, New Jersey, New York, North Carolina, Maryland, Pennsylvania, West Virginia, and Delaware. 3. Contractor is a SePRO Preferred Applicator and dedicated Steward of Water. Each individual applicator has been trained and educated in the water quality testing and analysis required for site specific water quality management prescriptions, and utilizes an integrated approach that encompasses all aspects of ecologically balanced management. Each applicator has received extensive training in the proper selection, use, and application of all aquatic herbicides, algaecides, adjuvants, and water quality enhancement products necessary to properly treat our clients’ lakes and ponds as part of an overall integrated pest management program. 4. Contractor guarantees that all products used for treatment are EPA registered and labeled as appropriate and safe for use in lakes and ponds, and are being applied in a manner consistent with their labeling. 5. Contractor will continue to maintain all appropriate licensing necessary to perform all specified work in a safe and legal manner throughout the entire contract period. 6. Contractor will furnish personnel, equipment, boats, materials, and other items required to provide the forgoing at his expense. DocuSign Envelope ID: EE23F468-2756-49BC-81A9-835B92D0E90E dy. dy. or will not be held responsible for fish lost or not capturedwill not be held responsible for fish lost or not captured ng the fish removal processng the fish removal process Electrofishing Fish Removal Contract Twin Creeks Park-TN Page 2 of 2 Competitively Sensitive & Proprietary Materials – The information contained herein is the intellectual property of SŌLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SŌLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 2844 CRUSADER CIRCLE, STE 450, VIRGINIA BEACH, VA 23453 | 888.480.LAKE (5253) | SOLITUDELAKEMANAGEMENT.COM 7. Contractor is dedicated to environmental stewardship in all of its work and maintains a diligent program to recycle all plastic containers, cardboard, paper and other recyclable wastes generated through the performance of our contract work. 8. Contractor will maintain general liability and workman’s compensation insurance. 9. The customer agrees to pay penalties and interest in the amount of 2% per month for all past due invoices and related account balances in excess of 30 days past due from the due date as specified by the contract and as stated on the relevant invoice presented to the customer. 10. The customer covenants and agrees to pay reasonable attorney's fees and all other related costs and expenses of SŌLitude Lake Management® for collection of past due invoices and account balances and for any other actions required to remedy a material breach of this contract. CONTRACT PRICE: $3,500.00 Total PAYMENT TERMS: 1. A deposit of 50% of the contract price will be due upon approval of the contract. 2. The remaining 50% balance will be payable upon completion of the contract work. APPROVED: ________________________________________ SŌLitude Lake Management® ________________________________________ Twin Creeks Park (Authorized Signature) ________________________________________ ___________________________ (Print Name and Title) (Date) DocuSign Envelope ID: EE23F468-2756-49BC-81A9-835B92D0E90E In Processof 50% of the contract price will be due upon approvalof 50% of the contract price will be due upon approval SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY X 10/01/18 Certificates Atlanta 5,000,000 Suite 400 200 Glenridge Point Parkway PO Box 8181 Contractors Pollution 06/05/2019 2,000,000 5,000 10/01/18 10/01/19 2,000,000 X 5,000,000 X 404-439-8000 X 10,000 XOOG27239420 Each Incident/Agg 10/01/19 5,000,000 Hillsborough, NC 27278 10/01/19 10/01/18 A U5L00010318 1-404-439-8000 X 5,000,000 Orange County, to the extent required per attached endorsements is an additional insured. 10/01/18 LITTLE ROCK, AR 72202-1412 Orange County 404-439-8001 1320 BROOKWOOD DR. STE H MWTB314124 04/01/18 CertificatesAtlanta@integrogroup.com X 2,000,000 RENTOKIL NORTH AMERICA, INC. (REN469) SOLITUDE LAKE MANAGEMENT, LLC 5,000,000 MWC314123 OGLG27240331X Atlanta, GA 30342 ALLIANZ UNDERWRITERS INS CO ACE PROP & CAS INS CO B OLD REPUBLIC INS CO ACE AMER INS CO X B 5,000,000 10/01/19 56353395 56353395 D N X C 2,000,000 36420 20699 USA 24147 22667 5,000,000 Tina.Woodard@integrogroup.com_ATL 10/01/19 5,000,000 dba Integro Insurance Brokers Integro USA Inc. DocuSign Envelope ID: EE23F468-2756-49BC-81A9-835B92D0E90E ocesscGENERAL AGGREGENERAL AGGRE PERSONAL & ADVPERSONAL & ADssIn PrIn MED EXP (Any on DocuSign Envelope ID: EE23F468-2756-49BC-81A9-835B92D0E90E CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: OGLG27240331 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Orange County All Locations A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. DocuSign Envelope ID: EE23F468-2756-49BC-81A9-835B92D0E90E rocessAll LocationsIn Prr Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. DocuSign Envelope ID: EE23F468-2756-49BC-81A9-835B92D0E90E In Process PCA 001 10 13 MWTB 314124 Rentokil North America, Inc. 10/01/2018 - 10/01/2019 THIS FORM APPLIES IN STATES WHICH USE: CA 00 01 (10-13), CA 00 20 (10-13) IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person(s) or Organization(s): Orange County With respect to COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured is changed with the addition of the following: Each person or organization shown in the Schedule for whom you are doing work is an “insured". But only for "bodily injury" or "property damage" that results from the ownership, maintenance or use of a covered "auto" by: 1. You; 2. an "employee" of yours; or 3. anyone who drives a covered "auto" with your permission or with the permission of one of your "employees". However, the insurance afforded to the person or organization shown in the Schedule shall not exceed the scope of coverage and/or limits of this policy. Not withstanding the foregoing sentence, in no event shall the insurance provided by this policy exceed the scope of coverage and/or limits required by the contract or agreement. DocuSign Envelope ID: EE23F468-2756-49BC-81A9-835B92D0E90E In ProcessED AUTOSED A LIABILITY COVERAGETY C ,Who Is An Insured is cha AA l l i a n z U n d e r w r i t e r s In s ur a n c e C o m p a n y AUI-IL 3001 (06-08)Page 1 of 1 Named Insured: Policy Number: Vector Diease Acquisition, LLC U5L00010318 Effective Date: May 24, 2019 GENERAL CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: POLLUTION LEGAL LIABILITY Policy changes are indicated by an and amended to read as shown below. 1. Named Insured 14. Mailing Address of Named Insured 2. Policy Period 15. Policy Conditions 3. Form of Business 16. Business Description 4. Location(s) of all Premises you own, rent or occupy 17. Description or location of property 5. Location(s) added 18. Location(s) deleted 6. Total Advance Premium 19. Coverages 7. Limit(s) of Insurance 20. Deductibles 8. Covered Auto Symbol(s) 21. Rating Information 9. Additional Insured(s) added 22. Premium Basis 10. Premium Computation 23. Other 11. Audit Period 24. Forms/Endorsement deleted 12. Forms/Endorsement added 25. Item(s) listed below deleted from Schedule 13. Item(s) listed below added to Schedule 12. The following endorsement has been added to the policy: Endorsement 21 – Definition of Insured Amendatory Endorsement, Form#: MANUSCRIPT Additional Premium payable at Endorsement Effective Date Return Premium payable at Endorsement Effective Date Installments amended per attached Premium Installment Endorsement No change in premium Date of Issue: 05/29/19 DocuSign Envelope ID: EE23F468-2756-49BC-81A9-835B92D0E90E addedadde 22. Premium Basis on oo 2323. Other. Othero2424Forms/Endorsement deletForms/Endorsement delet Allianz Underwriters Insurance Company MANUSCRIPT Page 1 of 1 Policy Number: U5L00010318 Endorsement Number Effective Date: May 24, 2019 21 DEFINITION OF INSURED AMENDATORY ENDORSEMENT This Endorsement modifies insurance provided under the following: ENVIRONMENT PROTECT PROJECTS – CLAIMS MADE FORM This policy is amended as follows: Section 4 – Definitions, K. Insured is amended to include the following: Insured also means the Scheduled Entity(ies) listed below; however, such entity(ies) are covered under this Policy solely with respect to loss arising from a covered operation and are not covered for any loss arising from the scheduled entities own liability: Scheduled Entity(ies): Orange County All other terms, conditions and exclusions will remain the same. DocuSign Envelope ID: EE23F468-2756-49BC-81A9-835B92D0E90E In Process