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Home My WebLink About2016-503 Planning - Creekside Farm for mowing at Lake Orange sediment structures D►6-Sa3 lann i no� [Departmental Use Only] TITLE Sediment Structure Maintenance-Compton Property FY 2017 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 11th day of July,2016, ("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 Creekside Farm (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: Mow and trim brush on dam and outlet pool at two sediment structures located on Creekside Farm property per attached schedule and map titled "LAKE ORANGE SEDIMENT STRUCTURE MOWING SPECIFICATIONS AND SCHEDULE". The term of this agreement rendered shall be from July 11,2016 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 One thousand dollars, ($1,000.00). 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 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. Revised 10/14 1 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner'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://orangecogMnc.gov/purchasiniz/cgnkqq!Lg o. If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (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 Owner's Risk Manager. 5. Indemni : The Provider agrees 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. 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. 7. Entire Agreement and Siggatures: 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I I A and Article 44 of North Carolina General Statute Chapter 66. 8. Priori : 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. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either parry 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. 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 anti-discrimination laws. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County,North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. Nan 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. [SIGNATURE PAGE TO FOLLOWI Revised 10/14 2 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE C Y PRO ER By: /0 County Manager Pol 200 S. Cameron St. Creekside Farm P.O. Box 8181 5900 Compton Rd. Hillsborough,NC 27278 Cedar Grove,NC 27231 Revised 10/14 3 LAKE ORANGE SEDIMENT STRUCTURE MOWING SPECIFICATIONS AND SCHEDULE Scope of Work: The dam, including the area around the outlet pipe and stilling pool, of each sediment structure should be mowed and cleared of woody vegetation twice per year. The general areas to be maintained are circled in the diagram below. The County has a maintenance easement for the ponds, as well as an access easement to reach the ponds from Compton Road, across the properties of Dwight Compton and Dwight Compton, Jr. Work includes any topper/handsaw/chainsaw work needed to remove woody vegetation in areas where a power mower cannot reach. This needs to occur once in the Spring (March-May) and once in early Fall (September-October). Half of the yearly contract amount may be billed for mowing done in the Spring and half may be billed for mowing done in the Fall. These two mowing/clearing jobs, up to the total amount of the contract, are the only work authorized by this contract. 5817 ICIAJ P y { TM' 98584519.1 - v . •3 *r^'" TERRY JMUR. CY( rr,. •w. `.. t K e - 68 9858843432 ROBERT COMPTON ' - 'xa SYLV!ADCOMPTON t 'r Y ^v 'YN(3A3if- 08..8227926 .. BET" ..l AN P V11Lt1>y,MS THOS 9 x t 536 iC 9a^5854764 y981142161 HTECCMPTtlN TE. M1 GHT P'RIER G_TT CO,.TON ETTY CO T6N PENNY WP'$2KER ---uuu 14CKK Cnr J x _._ —_ —C VIGHI :.CMPTO8537 C 7 1�£ 989 APITTMA 9858415702 85'a31 d0> C -CN 87`dE� APITTMAN # JOSEPH LEE POPE - X .MA AP!G T W ER GV AMITY ' P X4A{ KE'h PAL 3,—Dr fdf 8e14'/31 .:D 98538131 L4 .i184 194c C YHARR P �. 30 !- PITTMAN ANC U_; r:Ri?SLLC F`O1S4 CHUR SIC f n «• ^'+N Fr-BS N ACNCL'O 6N•}+PPE•N 1 �; _ r. -FL'•a,a H IBS N .'x `1•' '- §1^ 3 w CP ENBUSCH Z JI- F.it; 404202 LKER 'LL x ¢Pi�l C RL..: ,.v h CORN "C 9853 0,506 O 887fj,, 7 J-0 FREYEC_E 11 � '� W8J rM ILY FARM LLC jB, GL-UI•; NILE Cf't)t LE_..PI=E BU v 1` JAN E L r v I qP_NBust3c+ Additional Work: If the Contractor believes other work above and beyond the scope of this contract needs to be done, e.g. cleaning the trashrack of the outlet, reseeding the dam, or other dam maintenance, this should be brought to the attention of the Engineering division of the Planning Department. If the Engineering division agrees that the work needs to be completed, the Contractor will provide a quote to perform the additional work. This quote must be approved in writing, either with a separate contract or a Purchase Order, before work commences. Orange County will not pay for any work done outside of this contract unless prior approval is received as outlined above. HP 6229793 341 COINSURANCE CONTRACT NORTH 1CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY PART B DECLARATION PAGE P.O.BCC 27427 RALEIGH,NORTH CAROLINA 27611-7427 HOMEOWNERS P O L I C Y NEW DECLARATION * * * * * * EFFECTIVE 10/28/15 POLICY POLICY PERIOD t TO HP 6229793 10/28/15 10/28/16 0916085 HO DECL 0913 0683993 ADDRESS NAMED INSURED AND DWIGHT E COMPTON SR BETTY COMPTON 5900 COMPTON RD LEWIS W CRABTREE CEDAR GROVE , NC 27231-9353 TELE : (919) 732-7430 L ..... 110 MILLSTONE DR HILLSBOROUGH, NC 27278 TOTAL ANNUAL PREMIUM - - - - - - - - - - - - - $1 ,233 THE PREMISES COVERED BY THIS POLICY IS LOCATED 5900 COMPTON RD CEDAR GROVE NC 27231 ORANGE CNTY. RATING INFORMATION- AUTOMATIC VALUE-UP AT RENEWAL , FRAME, CONSTRUCTED IN 1891 , PRIMARY RESIDENCE , FIRE PROTECTION - CEDAR GROVE FD, PROTECTION CLASS 9S, TERRITORY 280 , HYDRANT WITHIN 1000 FEET, $1000 SECTION I LOSS DEDUCTIBLE , 1 FAMILY. COVERAGE AT THE ABOVE DESCRIBED LOCATION IS PROVIDED ONLY WHERE A LIMIT OF LIABILITY IS SHOWN OR A PREMIUM IS STATED SECTION I COVERAGE LIMIT OF LIABILITY PREMIUMS A. DWELLING $262,000 $1 , 185 B . OTHER STRUCTURES $26,200 C. PERSONAL PROPERTY $183,400 $79 D. LOSS OF USE $52,400 SECTION II COVERAGE E . PERSONAL LIABILITY $ 1 ,000 ,000 EACH OCCURRENCE F . MEDICAL PAY. TO OTHERS - $1 ,000 EACH PERSON $16 BASIC PREMIUM - - - - - - - - - - - - - $1 ,280 ADDITIONAL PREMIUMS SPECIFIED ADD' L AMOUNT OF INSURANCE-COV A ONLY, HO-3220 $24 INCIDENTAL-FARM, HO-2472 $59 PERSONAL PROPERTY REPLACEMENT COST, HO-0490 $63 REFRIGERATED PROPERTY, HO-0498 $10 CREDIT FOR PROTECTIVE DEVICES, HO-0416 $13CR OPTIONAL DEDUCTIBLE $190CR ADDITIONAL PREMIUMS - - - - - - - - - - - - - $47CR PLEASE REVIEW YOUR POLICY DECLARATION AND POLICY PROVISIONS CAREFULLY. CONTACT YOUR AGENT IF YOU HAVE ANY QUESTIONS OR CHANGES. WE APPRECIATE YOUR BUSINESS. HP 6229793 342 COINSURANCE CONTRACT NORT4 jEAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY PART B DECLARATION PAGE P.O.BGX 27427 RALEIGH,NORTH CAROLINA 27611-7427 HOMEOWNERS P O L I C Y NEW DECLARATION * * * * * * EFFECTIVE 10/28/15 POLICY POLI Y PERIOD FROM TO • .. HP 6229793 10/28/15 10/28/16 0916085 HO DECL 0913 0683993 NAMED INSURED AND ADDRESS DWIGHT E COMPTON SR BETTY COMPTON 5900 COMPTON RD LEWIS W CRABTREE CEDAR GROVE, NC 27231-9353 TELE : (919) 732-7430 110 MILLSTONE DR HILLSBOROUGH , NC 27278 TOTAL ANNUAL PREMIUM - - - - - - - - - - - - - $1 ,233 FIRST MORTGAGEE - SECU PO BOX 25279 RALEIGH, NC 27611-5279 LN: 00897291 90 FORMS AND ENDORSEMENTS - HO-0002 05/11*, HO-3232 06/12*, HO-NC 08/13*, HO-PO32 06/12*, HO-3246 05/03*, HO-QR 08/13*, HO-3220 06/12*, HO-0416 10/00*, HO-2472 10/00*, HO-0490 05/11*, HO-0498 05/11*. OTHER POLICIES FOR MEMBERSHIP NUMBER 0916085: POLICY INSURED NAME FO 1050102 DWIGHT E COMPTON AP 8176029 DWIGHT E COMPTON -- 1 /27/15 AUTHORIZED REP ENTATIVE DATE HP 6229793 343 COINSURANCE CONTRACT NORT-H Pt'%ROLINA FARM BUREAU MUTUAL INSURANCE COMPANY PART 6 DECLARATION PAGE P.O.BOX 27427 RALEIGH,NORTH CAROLINA 27611-7427 HOMEOWNERS POLICY NEW DECLARATION EFFECTIVE 10/28/15 POLICY NUMBER POLICY PERIOD t •FROM TO w_vci:4z HP 6229793 110/28/15 E0Z28/161 0916085 HO DECL 0913 0683993 NAMED INSURED AND ADDRESS DWIGHT E COMPTON SR BETTY COMPTON L 5900 COMPTON RD LEWIS W CRABTREE CEDAR GROVE , NC 27231-9353 TELE : (919) 732-7430 110 MILLSTONE DR HILLSBOROUGH, NC 27278 DESCRIPTION OF ADDITIONAL COVERAGES SPECIFIED ADD' L AMOUNT OF INSURANCE FOR COV A ONLY PERCENTAGE IS 25. PROTECTIVE DEVICES AUTOMATIC SMOKE DETECTORS. INCIDENTAL-FARM LIABILITY APPLIES TO INITIAL FARM. PERSONAL PROPERTY REPLACEMENT COST REFRIGERATED PERSONAL PROPERTY - $100 DEDUCTIBLE FARM PROPERTY POLICY DECLARATION NORTH CAROLINA FARM BUREAU MUTUAL COMPANY MUTUAL INSURANCE COMPANY, INC. NON ASSESSABLE POLICY :me COINSURANCE CONTRACT POLICY PERIOD FROM: 10/28/2015 TO: 10/28/2018 at 12:01 A.M. POLICY NO.: FP 7545490 RENEWAL OF POLICY NO. Standard time at the location of the described premises. MEMBERSHIP NO. 0916085 The Insured Name and Mailing Address Insurable Interest • Dwight E Compton Sr Betty Compton 5 Compton Rd Cedar Grove NC 27231 Location: 5900 Compton Rd Cedar Grove NC 27231 Orange County DEDUCTIBLE AMOUNT$ 250 (IF FLAT)OR SEE FORM FP-08 FOR SPLIT DEDUCTIBLE, AGREEMENT: In return for"your"payment of the required premium,"we"provide the coverages described herein subject to all the"terms". ITEM BASIC ADDITIONAL EXCLUD. REPLMT. AMOUNT ANNUAL NO. PROPERTY DESCRIPTION CONSTR. COVERAGE COVERAGES PERILS COST OF PREMIUM FORM INSURANCE 1 Farm Shop F FBP-603 WISS* No 5,000 55 2 Farm Building F FBP-603 WISS* No 50,000 546 *Weight of lee, Snow, or Sleet Terrorism Risk Insurance Act 0 TOTALS $ 55,000 $ 601 SUBJECT TO FORMS: CL-300 (0296), FARM-03 (0599), FBP-29 (0609), FL-405FB (0609), FO-181 (0296), FBP-603 (0293), FL-410 (1098), FBP-24(0103), CL-0605 (0115), FBFO-07 (0609), FBP-28(0609), FL-1428 (0408), FL-0600 (0115), ML-323 (0896) ATTACHED HERETO THIS DECLARATION TOGETHER WITH THE INSURING FORM,POLICY CONDITIONS AND ANY ENDORSEMENTS,IF ANY, ISSUED TO FORM A PART THEREOF,COMPLETE THE ABOVE NUMBERED POLICY. Countersigned at Raleigh,N.C. Lewis W. Crabtree 068 3993 1 919-732-7430 11/04/2015 arj L.M. Squires County No. Agent No. Agent Name/Phone No. Countersigned Date Authorized Representative FBFP-D 0609 r FP 7545490 068 3993 ARJ ML-323 (Ed. 0896) AAIS WEIGHT OF ICE, SNOW OR SLEET COVERAGE (The information required below may be shown on a separate schedule or on the Declarations.) This policy is extended to cover loss caused by weight of ice, snow or sleet to the following property insured under Coverage E - Farm Personal Property and Coverage F - Farm Barns, Buildings and Structures. Description of Property ITEMS#1-2, FBP-603 ML-323 AAIS Copyright 1979