2017-133-E Planning - Foster Lake and Pond Management, Inc. for carp fence repairs on Lake Orange

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DocuSign Envelope ID: 1 F025F8B-ABFD-4B18-8665-3BD9C14F7E17 [Departmental Use Only] TITLE LO-CarpFenceRepairs FY 2016-2017 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 11th day of April, 2017, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), party of the first part; and Foster Lake and Pond Management, Inc. (the "Provider"),party of the second part; WITNESSETH: 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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: epair the damaged parts of the existing carp fence at the Lake Orange spillway. The repairs will be completed by adding new PVC pipe to sections of the barrier fence at edges where the pipe does not currently exist. PVC pipe will be installed with stainless steel screws. Existing loose wood braces will also be re-attached using stainless steel screws. Three cross sections of split wood will be replaced with new pressure treated wood (2x6's). More or less in the middle of the spillway an existing leaning post will be reset to vertical and attached to a galvanized steel post which will be installed for stabilization as part of this agreement. A new wood brace will be mounted behind the post to further secure the middle fence section. Two detached cross sections will be reattached to the post and horizontal braces will be intalled onto 11 post joints. Additional PVC pipe will be added to any spots that have missing pipe and new stainless steel screws will be added to any existing PVC pipe that have come loose due to deterioration. Please see attached quote (Attachment A) from Foster Lake and Pond Management for further details and pictures. All wood for this repair shall be pressure treated and all screws and hardware for this repair shall be stainless steel. The term of this agreement rendered shall be from April 11, 2017 to June 30, 2017. 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 FOUR THOUSAND, EIGHT HUNDRED AND EIGHTY DOLLARS, ($4,880.00). 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 Revised 2/17 1