18_Wet Pond Maintenance Contract with Dragonfly Pond Works

DocuSign Envelope ID:6867C4FC-2764-48F2-84CA-27E4D2E6ABD0
Dragonfly Pond Works
PO Box 1089
0Apex, NC27502 drab nfl
919-851-0033 Telepelep hone Proposal
PON WORK
July 20, 2020
Proposal No: 9874
Submitted To�
Scott Weber Town of Carolina Beach
Town of Carolina Beach 1121 N Lake Blvd
1121 N Lake Blvd Carolina Beach, NC 28428
Carolina Beach, NC 28428
Scope
Thank you for choosing Dragonfly Pond Works. In addition to any site specific service Items listed below,our standard maintenance program Includes:
• Treatment of invasive grasses,algae and aquatic weeds in basin
• Control of unwanted vegetation on Inlets,outlets,and spillway structures
• Removal of trash from basin
• Cleaning and inspecting drain,weirs,and riser
• Hand re-arranging of riprap at inlet and outlet as needed(does not include installation of new rip rap)
• Maintenance of beneficial littoral plants
• Monitoring for potentially harmful wildlife activity
• Monitoring conditions favorable to mosquito habitats and recommended solutions
• Monitoring of fish populations and recommendations on stocking options(where applicable)
• Visual inspection and digital documentation of condition of pond and pond components
• 5 pictures of site components will be taken each visit and made available to you
• Any consulting related to the operation,appearance,safety and/or compliance of the pond or lake
Pond Maintenance Monthly
Maintenance contract includes:
10 visits per year for 6 wet ponds. Visits every month EXEPT December and February.
Monthly maintenance visit for entire Carolina Beach Lake for March-October(8 visits per year).
50 yards from the lake of each canal will be treated as well behind the Veggie Wagon and beside South 3rd street. The 2 canals will be
treated as part of the maintenance on the lake for March-October.
Visits/Year 10
Cost/Visit 2,476.55
Total/Year 24,765.53
Proposal Total 24,765.53 lib�

DocuSign Envelope ID:6867C4FC-2764-48F2-84CA-27E4D2E6ABD0
Town of Carolina Beach Proposal No: 9874
Terms&Conditions
Communication
Client communication is the core component of our management service,and all management contracts include emailed maintenance logs
after each visit.Each maintenance log includes detailed information about your pond including visit date,services performed,and
observations made while on-site. Each site visit is documented with 5 pictures of important pond components.These are an important tool
used to communicate any future preventative maintenance repairs and catch small problems early. In most cases when repair needs are
identified in your maintenance log,you will also receive a repair proposal providing a solution to the problems noted in your report.
Additional Services
In addition to routine management,Dragonfly Pond Works provides a wide range of additional services to enhance,repair,and beautify your
pond. Additional services include:
• Offering a full line of Aquamaster fountains,Airmax aeration and Keeton solar aerators
• Aquatic and shoreline plantings
• Fish stocking(grass carp,mosquito fish,and more)
• Erosion control and repair
• Pipe and leak repair
Pricing is based on the following assumptions:
• Monthly service contracts are based on 12 month contracts and will be billed in 12 equal payments on the 15th day of the service
month.Seasonal billings will be billed 8 times per year and quarterly contracts will be billed 4 times per year in March,June,Sept.
and Dec.As maintenance contracts are sometimes billed prior to the completion of services,payments are due net 30,so that in
the event your service visit has not been completed by time of invoicing,you may hold payment until your visit is completed.
• Contracts starting after 1/31 will run through the following calendar year. Contracts can be canceled with 60 day prior notice in
writing.
• Your contract renews automatically in January for an additional year at up to a 4%increase per year.You will be notified of any
rate increases prior to September.
• If additional work is identified while completing the original scope of work or inspections,repairs can be completed after a separate
proposal is submitted and approved.In the event that this contract does not meet your needs,please contact us,and we will adjust
the visit schedule accordingly.
• Dragonfly Pond Works will have free and unimpeded access to all work locations.
• Although we control most algae,service does not include control of planktonic algae or cyanobacteria.In the event that these
blooms occur,we will work with you develop a community wide program to reduce the nutrients in your pond or lake.
• Client may,upon written notice to Dragonfly Pond Works,request Dragonfly Pond Works to make changes in the scope of the
Work.Dragonfly Pond Works shall thereupon use reasonable efforts to make such changes provided that if any requested changes
cause an increase in the cost or time required for Dragonfly Pond Works'performance and delivery,Client shall execute an
agreement,in form and substance satisfactory to Dragonfly Pond Works,providing for an equitable adjustment in the
compensation payable for the Work and the time for its performance and delivery.This includes additional costs as related to
unforeseen permits,fees and changes in required coverages.
1.OFFER.This proposal constitutes an offer by Dragonfly Pond Works,LLC to perform the services described in the proposal(the"Work")for
Client in accordance with these terms and conditions.The proposal,including these terms and conditions and all other documents
incorporated by reference shall,when accepted by Client,constitute the entire agreement of the parties regarding the Work.This proposal is
good for a period of 90 days from Proposal Date.
2.ACCESS AND AUTHORIZATION.Client shall provide Dragonfly Pond Works with all necessary access to the area(s)in which the Work is to
be performed.Unless otherwise specified,client warrants that it has obtained(or will obtain prior to performance of the Work)all necessary
permits,licenses,consents and authorizations required in connection with the performance of the Work.Delays related to Client's change in
schedule or delays in obtaining access to the property or required documentation may result in additional fees.
3.STRUCTURES AND UTILITIES.In the execution of the Work,Dragonfly Pond Works will take reasonable precautions to avoid damage to
subterranean structures,roads,sidewalks and utilities.Client agrees to defend,indemnify and hold Dragonfly Pond Works harmless from and
against any and all damages,delays,costs,injuries or death associated with any subterranean structures or utilities that were not called to
Dragonfly Pond Works'attention and correctly shown on the plans furnished.Any repairs to structures not specified or included on the repair
scope will be billed back to the client.Unless specified,any stumps,culverts,rocks or other obstacle will not be removed during project
execution.These will be address at additional cost.
4.WARRANTY.Dragonfly Pond Works will perform the Work in a competent,professional manner in accordance with the customary
standards of performance of the industry.Dragonfly Pond Works does not represent or warrant to Client that the Work performed and/or
reports delivered hereunder will achieve any results for Client,other than as expressly set forth in the proposal.Client recognizes that
subsurface conditions may vary from those encountered at the location where borings,surveys or explorations are made by Dragonfly Pond
Works and that the data interpretations and recommendations of Dragonfly Pond Works'personnel are based solely on the information
available to them.If equipment is supplied as part of this agreement,Client agrees that Dragonfly Pond Works will not be liable for any claims
due to defective equipment manufacturing.
S.RELATIONSHIP OF THE PARTIES.In performing the Work,Dragonfly Pond Works shall be acting in the capacity of an independent
contractor to Client,and nothing herein shall be deemed to create a partnership,agency,joint venture or any other relationship between the

DocuSign Envelope ID:6867C4FC-2764-48F2-84CA-27E4D2E6ABD0
Town of Carolina Beach Proposal No: 9874
parties. -
6.INDEMNIFICATION.Client shall defend,indemnify and hold Dragonfly Pond Works harmless from and against any and all liability,losses,
claims,costs and expenses incurred by or asserted against Dragonfly Pond Works as a result of or in connection with any permits,licenses,
consents and authorizations to be obtained by Client pursuant to Section 2 above,and any negligent or wrongful act of Client or its
employees.
7.FORCE MAJEURE.Neither party shall be liable to the other parry for its failure or delay in performing its obligations hereunder due to any
contingency beyond such party's reasonable control,including,without limitation,acts of God;fires;floods;wars;acts of war;sabotage;
accidents;labor disputes or shortages;governmental laws,ordinances,rules and regulations;inability to obtain power,material,equipment
or transportation;and any other similar or dissimilar contingency.
8.CHANGE ORDERS.Client may,upon written notice to Dragonfly Pond Works,request Dragonfly Pond Works to make changes in the scope
of the Work.Dragonfly Pond Works shall thereupon use reasonable efforts to make such changes provided that if any requested changes
cause an increase in the cost or time required for Dragonfly Pond Works'performance and delivery,Client shall execute an agreement,in
form and substance satisfactory to Dragonfly Pond Works,providing for an equitable adjustment in the compensation payable for the Work
and the time for its performance and delivery.This includes additional costs as related to unforeseen permits,fees and changes in required
coverages.
9.NON-SOLICITATION OF EMPLOYEES.During the term of this agreement,and for a period of two(2)years thereafter,neither party shall,
directly or indirectly,for such party's own benefit or for the benefit of others,solicit for hire as an employee,consultant or otherwise any of
the other party's personnel who have performed services under this agreement,without the other party's express written consent.
10.COMPENSATION.Client shall pay Dragonfly Pond Works for the Work in the amounts and at the times and in the manner set forth in the
proposal.
11.PAYMENT TERMS.Dragonfly Pond Works expects prompt payment for its Work.Toward that end,payment terms are as follows:Net 14
days.An interest charge of 1.5%per month shall be applied to all balances over 30 days old.If Dragonfly Pond Works determines it necessary
to place an account for collection,Client agrees to reimburse Dragonfly Pond Works for all collection costs,including attorney's fees,
collection fees,interest and court costs.
12.NOTICES.Any notice required or permitted to be given hereunder shall be deemed to have been duly given if delivered by hand or sent
by registered or certified mail,return receipt requested,and addressed:if to Dragonfly Pond Works,LLC PO Box 1089,Apex NC 27502; the
address shown on the front hereof,or to such other address(es)which the parties may respectively designate to one another in accordance
herewith.Notices shall be deemed to have been given on the date of mailing or hand delivery.The post office receipt showing the date of
mailing shall be"prime facie"evidence thereof.
13.GOVERNING LAW.The agreement between the parties regarding the Work and their rights and obligation thereunder shall be governed
by and construed in accordance with laws of the State of North Carolina.
DocuSigned by: DocuSigned by:
Ra•U J"9" 7/27/2020 1 2:08 P PDT l�vtaLt, gAa.�e 7/27/2020 1 4:02 PM El
By: Accepted:
Dragonfly Pon or Date Town of Caro ina eac Date
To be completed by dient:
Billing Contact&Email Al i sa Perry
Billing Phone [phone]
Billling Address 1121 north Lake Park