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HomeMy WebLinkAbout2024-617-E-Soil & Water Dept-Wilkerson Grading-Stream debris removal for 2024 Streamflow Rehabilitation Assistance ProgramRevised 02/24 1 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ This Services Agreement (hereinafter “Agreement”), made and entered into this October 1, 2024, (“Effective Date”) by and between Orange Soil and Water Conservation District (hereinafter, the "Orange SWCD") and Wilkerson Grading, LLC, (hereinafter, the "Provider"). WITNESSETH: That the Orange SWCD and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to Orange SWCD with respect to in-stream debris removal services. ii) By executing this Agreement, the 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. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide Orange SWCD with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Revised 02/24 2 quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Orange SWCD. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement iv) Provider is an independent contractor of Orange SWCD. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of Orange SWCD, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows: i) The Provider shall conduct in-stream debris removal services per the Streamflow Rehabilitation Assistance Program (StRAP) funds allocated from the North Carolina Department of Agriculture and Consumer Services to Orange SWCD (the “Work”). The relevant landowner permission agreement documents “TAFNC LLC Agreement”, “Robert James Agreement”, “Dorian James Agreement”, and “Mark Latta Agreement” are included in this document. The scope of work is outlined in each of the attached four landowner agreements as “Scope of Work”, Attachments A. Work is limited to the segments of stream as outlined in each of the attached four landowner agreements as “Stream Map”, Attachments B. StRAP legislation is included as a reference for program parameters in “Strap Legislation”, Attachment C. The quotes from the Provider for the in-stream debris removal services, “Wilkerson Estimate”, are included as Attachments E1-E4. Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Revised 02/24 3 ii) Upon completion of the project, the Provider shall be responsible for restoring the project sites to a condition equal to or better than their pre-existing conditions. This obligation includes, but is not limited to, the restoration, repair, or replacement of any physical features disturbed or damaged during the construction process to any area of the property impacted by the project including the egress, ingress, equipment staging areas, access routes for equipment, and roads through the properties. 4. Duration of Services a. Term. The term of this Agreement shall be from October 1, 2024 to November 30, 2025. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should Orange SWCD determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to Orange SWCD. iii) The Commencement Date for the Provider's Basic Services shall be between October 1, 2024 and September 15, 2024, providing that dry weather conditions allow for services to begin. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from Orange SWCD for all services satisfactorily (as determined by Orange SWCD) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Fifty Nine Thousand Two Hundred Ninety Six Dollars ($59,296). This includes a 10% contingency fee in addition to the “Wilkerson Estimate” (Attachments E1-E4) for unforeseen or unexpected project costs, in the event that circumstances require additional labor, additional equipment, or other construction needs to complete the Work. Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing Orange SWCD. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by Orange SWCD, then Orange SWCD may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, Orange SWCD may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Revised 02/24 4 c. Additional Services. Orange SWCD shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless Orange SWCD requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. d. Requirements: All work will be subject to inspection by the District with final inspection by the NC Division of Soil and Water. Invoices are subject to review by District staff prior to processing. No payments will be processed until a final inspection has occurred by the NC Division of Soil and Water. 6. Responsibilities of Orange SWCD a. Cooperation and Coordination. Orange SWCD has designated (Jessica Perrin and David Latta) to act as the Orange SWCD's representative with respect to the Project who shall have the authority to render decisions within guidelines established by Orange SWCD or the County and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. 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 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 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 County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless Orange SWCD and Orange County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of Orange SWCD or Orange County. It is the intent of this provision to require the Provider to indemnify Orange SWCD and Orange County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Revised 02/24 5 a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from Orange SWCD. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by Orange SWCD and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon Orange SWCD’s material breach of this Agreement; provided, Orange SWCD has not taken all reasonable actions to remedy the breach. The Provider shall give Orange SWCD seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange SWCD or Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice,but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by Orange SWCD due to errors or omissions of the Provider. Upon request of Orange SWCD, the Provider shall submit to Orange SWCD all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to Orange SWCD within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by Orange SWCD under this Agreement or the failure of Orange SWCD to require compliance by the Provider with any provisions of this Agreement or the waiver by Orange SWCD of any breach of this Agreement shall not constitute a waiver of any claim for damages by Orange SWCD for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. Orange SWCD may suspend the Basic Services and this Agreement at any time for Orange SWCD’s convenience and without penalty to Orange SWCD upon three (3) days’ notice to Provider. Upon any suspension by Orange SWCD, Provider shall Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Revised 02/24 6 discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by Orange SWCD. 11. Additional Provisions a. Limitation and Assignment. Orange SWCD and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither Orange SWCD nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provi der 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. c. Non-Discrimination. 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 non-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 the Orange County Non-Discrimination Policy is a breach of this Agreement and Orange SWCD may immediately terminate this Agreement without further obligation on the part of Orange SWCD. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. 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. e. Entire Agreement. This Agreement represents the entire and integrated agreement between Orange SWCD and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Revised 02/24 7 f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Non-Appropriation. Provider acknowledges that Orange County and Orange SWCD are governmental entities, and the validity of this Agreement is based upon the availability of StRAP funding under the authority of its statutory mandate. In the event that StRAP funds are unavailable or not appropriated for the performance of Orange SWCD’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to Orange SWCD or Orange County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that Orange SWCD and Orange County shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in Orange SWCD or Orange County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects either Orange SWCD or Orange County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Orange SWCD or Orange County upon written notice to Provider of such limitation or change in Orange SWCD or Orange County’s legal authority. h. Signatures. 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. i. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Attention: Jessica Perrin Attention: Brock Wilkerson Orange SWCD Wilkerson Grading, LLC 1020 US 70 West 318 Rabbit Drive Hillsborough, NC 27278 Hillsborough, NC 27278 [SIGNATURE PAGE TO FOLLOW] Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Revised 02/24 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE SOIL AND WATER CONSERVATION DISTRICT: By: _________________________________ Date: ________________________________ Printed Name and Title: Gail Hughes, Orange Soil and Water Conservation District Board Chair PROVIDER: By: _________________________________ Date: ________________________________ Printed Name and Title: ___________ ________________________________________ Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D 10/8/2024 10/8/2024 Revised 02/24 9 ORANGE COUNTY—INTERNAL USE ONLY Finance Information Vendor Name: Wilkerson Grading LLC Vendor Contact Person: Brock Wilkerson Phone: 919-219-9143 Address: 318 Rabbit Drive City: Hillsborough State: NC Zip: 27278 Department: Orange Soil and Water Conservation District Amount: $59,296 Purpose: stream debris removal for 2024 Streamflow Rehabilitation Assistance Program (state program funding) Budget Code(s): 30610120 630000 71361 Vendor # 67472 Vendor Status with NCSOS: Vendor is a BOCC consultant: ☐Yes ☐ No Contract Details Contract Type: ☒ New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date October 1, 2024 End Date November 30, 2025 Notice Date N/A (Notice Purpose ) Award ☒ Approved by Orange Soil and Water Conservation District Board – May 29, 2024 Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project:) - ☒ Orange Soil and Water Conservation District Board Chair Bidding ☐ Informal Bidding ($30k-$90k); ☐ Formal RFP ($90k+); ☐Other (<$30k); ☒ Orange Soil and Water Conservation District Board Motion Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ ☒ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov. The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D 10/8/2024 10/13/2024 10/16/2024 10/17/2024 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-MAILADDRESS: 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 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. (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSR 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 AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED 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 EROTH-TORY LIMITSWC STATU- LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, 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) GENERAL LIABILITY 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 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD 05/31/2024 The Ballard Agency 105 W King St. Hillsborough NC 27278 Lee Hammond 919-732-2158 lee@ballardagency.com Wilkerson Grading LLC 318 Rabbit Lane Hillsborough NC 27278-9181 Erie Insurance Exchange A Q42 3051319 06/30/24 06/30/25 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 A Q06 1830727 06/18/24 06/18/25 1,000,000 A Q90 3000932 06/30/24 06/30/25 100,000 500,000 100,000 Orange County and Orange Soil & Water Conservation District are additional insureds for general liability when required by written contract. Orange County 300 West Tryon St. PO Box 8181 Hillsborough NC 27278 Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D $33,401.50Docusign Envelope ID: 39C6503B-20E0-4975-BB1D-3B490CFB434ADocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 39C6503B-20E0-4975-BB1D-3B490CFB434ADocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 39C6503B-20E0-4975-BB1D-3B490CFB434ADocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 39C6503B-20E0-4975-BB1D-3B490CFB434A9/19/20249/22/2024Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 39C6503B-20E0-4975-BB1D-3B490CFB434ADocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 39C6503B-20E0-4975-BB1D-3B490CFB434ADocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 39C6503B-20E0-4975-BB1D-3B490CFB434ADocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 39C6503B-20E0-4975-BB1D-3B490CFB434ADocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 39C6503B-20E0-4975-BB1D-3B490CFB434ADocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 39C6503B-20E0-4975-BB1D-3B490CFB434ADocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D PROPERTY OWNER QUALIFICATION AGREEMENT This Property Owner Qualification Agreement (hereinafter "Agreement"), made and entered into this 30 th day of July, 2024 ("Effective Date") by and between Orange Soil and Water Conservation District (hereinafter, the "Orange SWCD) and Robert Eugene James, (hereinafter, the "Property Owner"). WITNESS ETH: That Orange SWCD and Property Owner for the consideration herein named, do hereby agree as follows: 1.Services a.Scope. This Agreement is for the qualification, provision and funding of professional services to be rendered by a professional ("Provider(s)") at the Prope1iy Owner's prope1iy near 6701 Pentecost Road Place Cedar Grove, NC 27231 and identified as PIN(s) (9848196643 and 9848194187) (hereinafter, the "Prope1iy"). These professional services are in respect to the 2024 Streamflow Rehabilitation Assistance Program {StRAP) funds allocated from the North Carolina Department of Agriculture and Consumer Services to Orange SWCD (the "Work"). The scope of work is outlined in "Scope of Work", Attachment A and is limited to the segment of stream as outlined in the attached "Stream Map", Attachment B. StRAP legislation is included as a reference for program parameters in "Strap Legislation", Attachment C. 2.Responsibilities of the Property Owner a.Cooperation with Orange SWCD. The Property Owner shall fully cooperate with Orange SWCD and provide all necessary or reasonable access to coordinate the Work. Prope1iy Owner has or shall provide all requisite information. b.Cooperation with Provider(s). The Property Owner shall provide a right of entry and all necessary or reasonable access to allow the Provider(s) to complete the Work. 3.Responsibilities of Orange SWCD a.Cooperation and Coordination. Orange SWCD has designated Jessica Perrin and David Latta to act as the representatives with respect to the Work and shall have the authority to render decisions within guidelines and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. b.Contracting and Funding. Orange SWCD will contract directly with the Provider(s)(s) to complete the Work. July 2024 1 County Accounting Code: 30610120 630000 71361 $10,065 Docusign Envelope ID: 15A1080F-D996-463D-BFBF-3829EDB3BBF1Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 15A1080F-D996-463D-BFBF-3829EDB3BBF1Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 15A1080F-D996-463D-BFBF-3829EDB3BBF1Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 15A1080F-D996-463D-BFBF-3829EDB3BBF19/19/20249/19/2024Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 15A1080F-D996-463D-BFBF-3829EDB3BBF1Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 15A1080F-D996-463D-BFBF-3829EDB3BBF1Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 15A1080F-D996-463D-BFBF-3829EDB3BBF1Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 15A1080F-D996-463D-BFBF-3829EDB3BBF1Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 15A1080F-D996-463D-BFBF-3829EDB3BBF1Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 15A1080F-D996-463D-BFBF-3829EDB3BBF1Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: E7D206D1-3367-4A53-AC91-ECC1 E00320CB PROPERTY OWNER QUALIFICATION AGREEMENT This Property Owner Qualification Agreement (hereinafter "Agreement"), made and entered into this 30 th day of July, 2024 ("Effective Date") by and between Orange Soil and Water Conservation District (hereinafter, the "Orange SWCD) and Dorian Krysta James, (hereinafter, the "Property Owner"). WITNESSETH: That Orange SWCD and Property Owner for the consideration herein named, do hereby agree as follows: 1.Services a.Scope. This Agreement is for the qualification, provision and funding of professional services to be rendered by a professional ("Provider(s)") at the Property Owner's property identified as PIN(s) (9848282712), at an unassigned address on Maple Creek Farm Lane Cedar Grove, NC 27231 (hereinafter, the "Property"). These professional services are in respect to the 2024 Streamflow Rehabilitation Assistance Program (StRAP) funds allocated from the North Carolina Depaitment of Agriculture and Consumer Services to Orange SWCD (the "Work"). The scope of work is outlined in "Scope of Work", Attachment A and is limited to the segment of stream as outlined in the attached "Stream Map", Attachment B. StRAP legislation is included as a reference for program parameters in "Strap Legislation", Attachment C. 2.Responsibilities of the Property Owner a.Cooperation with Orange SWCD. The Property Owner shall fully cooperate with Orange SWCD and provide all necessary or reasonable access to coordinate the Work. Property Owner has or shall provide all requisite information. b.Cooperation with Provider(s). The Property Owner shall provide a right of entry and all necessary or reasonable access to allow the Provider(s) to complete the Work. 3.Responsibilities of Orange SWCD a.Cooperation and Coordination. Orange SWCD has designated Jessica Perrin and David Latta to act as the representative with respect to the Work and shall have the authority to render decisions within guidelines and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. b.Contracting and Funding. Orange SWCD will contract directly with the Provider(s)(s) to complete the Work. Contracts for the stream debris removal and associated work shall clearly state that Orange SWCD shall not have any financial responsibility or liability beyond providing the County Accounting Code: July 2024 1 30610120 630000 71361 Funding Amount: $5,302 Docusign Envelope ID: 7B759627-1E29-4A86-875B-D4C6B95C4AFFDocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 7B759627-1E29-4A86-875B-D4C6B95C4AFFDocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 7B759627-1E29-4A86-875B-D4C6B95C4AFFDocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 7B759627-1E29-4A86-875B-D4C6B95C4AFF9/24/20249/24/2024Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 7B759627-1E29-4A86-875B-D4C6B95C4AFFDocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 7B759627-1E29-4A86-875B-D4C6B95C4AFFDocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 7B759627-1E29-4A86-875B-D4C6B95C4AFFDocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 7B759627-1E29-4A86-875B-D4C6B95C4AFFDocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 7B759627-1E29-4A86-875B-D4C6B95C4AFFDocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 7B759627-1E29-4A86-875B-D4C6B95C4AFFDocusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D County Accounting Code:30610120 630000 71361$10,527Docusign Envelope ID: 19BFAA67-4A4E-4DA6-B226-D0B11B481CD8Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 19BFAA67-4A4E-4DA6-B226-D0B11B481CD8Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 19BFAA67-4A4E-4DA6-B226-D0B11B481CD8Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 19BFAA67-4A4E-4DA6-B226-D0B11B481CD89/19/20249/19/2024Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 19BFAA67-4A4E-4DA6-B226-D0B11B481CD8Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 19BFAA67-4A4E-4DA6-B226-D0B11B481CD8Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 19BFAA67-4A4E-4DA6-B226-D0B11B481CD8Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 19BFAA67-4A4E-4DA6-B226-D0B11B481CD8Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 19BFAA67-4A4E-4DA6-B226-D0B11B481CD8Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Docusign Envelope ID: 19BFAA67-4A4E-4DA6-B226-D0B11B481CD8Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Estimate Date 01/30/24 Estimate No. 980 Name/Address Soil and Water Conservation Attn: David Latta Funny Girl Farm Brock Wilkerson Wilkerson Grading, LLC 318 Rabbit Drive Hillsborough, NC 27278 Description Amount Remove 2 very large blockages and debris from 795' of creek channel, forestry mulching, chipping, and piling debris onsite 30,365.00 Sales Tax $30,365.00Total brockcw@embarqmail.com www.wilkersongrading.com **Not responsible for underground utilities **Payment due when services are rendered $30,365.00 Attachment E1 Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Estimate Date 01/04/24 Estimate No. 957 Name/Address Orange County Soil and Water Attn: Jessica Perrin Bobby James Property Brock Wilkerson Wilkerson Grading, LLC 318 Rabbit Drive Hillsborough, NC 27278 Description Amount Remove beaver dams and debris from creek channel, forestry mulching debris onsite 9,150.00 Sales Tax $9,150.00Total brockcw@embarqmail.com www.wilkersongrading.com **Not responsible for underground utilities **Payment due when services are rendered $9,150.00 Attachment E2 Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Estimate Date 01/04/24 Estimate No. 958 Name/Address Orange County Soil and Water Attn: Jessica Perrin Dorian James Property Brock Wilkerson Wilkerson Grading, LLC 318 Rabbit Drive Hillsborough, NC 27278 Description Amount Remove beaver dams and debris from creek channel, forestry mulching debris onsite 4,820.00 Sales Tax $4,820.00Total brockcw@embarqmail.com www.wilkersongrading.com **Not responsible for underground utilities **Payment due when services are rendered $4,820.00 Attachment E3 Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D Estimate Date 01/04/24 Estimate No. 956 Name/Address Orange County Soil and Water Attn: Jessica Perrin Latta Property Brock Wilkerson Wilkerson Grading, LLC 318 Rabbit Drive Hillsborough, NC 27278 Description Amount Remove beaver dams and debris from 6888' of creek channel, forestry mulching debris onsite 9,570.00 Sales Tax $9,570.00Total brockcw@embarqmail.com www.wilkersongrading.com **Not responsible for underground utilities **Payment due when services are rendered $9,570.00 Attachment E4 Docusign Envelope ID: 09E3DA75-EF11-41A2-AA45-CB9BEA757C8D