07-0109
r •
New Hanover County Contract #07-0109
NORTH CAROLINA
NEW HANOVER COUNTY
AGREEMENT
THIS CONTRACT, made and entered into this ~~ day of
n~ , 2006, by and between NEW HANOVER COUNTY, a political
subdivision of the State of North Carolina, hereinafter referred to as "County"; and H&G
FARMS, INC., hereinafter referred to as "Contractor' ;
WITNESSETH:
That the Contractor, for the consideration hereinafter fuliy set out, hereby
agrees with the County as follows:
1. Scope of Services. Contractor shall perForm over-seeding of two
spray sites located at the New Hanover County Landfill in accordance to Exhibit "A",
attached hereto, incorporated herein.
2. Time of Performance. Contractor shall commence work upon
Notice to Proceed and all work shall be completed no later than the first two (2) weeks
of the month of October of each year.
3. Renewal. The County may renew this Agreement for subsequent
two (2) annual terms, that shall run the first two weeks of October for each renewal year
for services. The County shall give written notice to Contractor of such intent to renew.
4. Payment. County hereby agrees to pay to the Contractor for the
costs of services in an amount not to exceed in accordance to Exhibit "A", attached
hereto and incorporated herein.
5. Extra Work. County and Contractor shall negotiate and agree upon
the value of any extra work prior to the issuance of a Change Order covering said extra
work. Such Change Order shall set forth the corresponding adjustment, if any, to the
Contract Price and Contract Time.
6. Indemnitv. Contractor shall indemnify and hold New Hanover
County, its agents and employees, harmless against any and all claims, demands,
causes of action, or other liability, including attorney fees, on account of personal
injuries or death or on account of property damages arising out of or relating to the work
to be performed by Contractor hereunder, to the extent resulting from the negligence of
or the willful act or omission of Contractor, his agents, employees and subcontractors.
7. insurance. Contractor shall maintain insurance from companies
licensed to write business in North Carolina, with an A.M. Best rating of "A" or higher,
and acceptable to County, of the kinds and minimum amounts specified below.
8. Certificates and Notice of Cancellation. Before commencing work
' ~r~°;
~~~~~~~~~
under this contract, Contractor shall furnish County with certificates of all insurance
required below. Certificates shall indicate the type, amount, class of operations
covered, effective date and expiration date of all policies, and shall contain the following
statement:
"The insurance covered by this certificate will not be canceled or materially a~tered,
except after thirty (30) days written notice has been received by County".
The Certificate of Insurance, naming New Hanover County as an additional insured on
Contractor's Commercial General Liability and Auto Liability Policies, shall be further
evidenced by an actual endorsement furnished to the County from the insurer within
thirty (30) days of the signing of the contract between the Contractor and the County.
9. Workers Compensation and Emqlovers Liability Insurance.
Covering all of the Contractor's employees to be engaged in the work under this
contract, providing the required statutory benefits under North Carolina Workers
Compensation Law, and employers liability insurance providing limits at least in the
amount of $100,000/500,000/100,000. applicable to ciaims due to
bodily injury by accident or disease.
10. Commercial General Liabilitv. Including coverage for independent
contractor
operations, contractual liability assumed under the provisions of this contract,
products/completed operations liability and broad form property damage liability
insurance coverage. The policy shall provide liability limits at least in the amount of
$1,000,000 per occurrence, combined single limits, applicable to claims due to bodily
injury and/or property damage. New Hanover County shall be named as an additional
insured under this policy.
11. Automobile Liability Insurance. Covering all owned, non-owned and hired
vehicles, providing liability limits at least in the amount of $1,000,000 per occurrence
combined single limits applicable to claims due to bodily injury and/or property damage.
12. Independent Contractor. It is mutually agreed that Contractor is an
independent contractor and not an agent of the County, and as such the Contractor
shall not be entitled to any County employment benefits, such as, but not limited to,
vacation, sick leave, insurance, workmen's compensation, or pension and retirement
benefits.
13. Warrantv. The Contractor warrants County that any and all services
provided under this contract will be provided in accordance with the prevailing
standards of care for professional excessive prevailing in North Carolina at the time of
pertormance and that any and all materials and equipment furnished will be of good
quality and new unless othenvise permitted by this contract. All work not conforming to
these requirements may be considered defective. All work shall conform to applicable
Federal, State and local laws and regulations. Contractor shall be responsible for all
costs, damages and expenses including, but not limited to, penalties, fines and fees,
that the County may incur as a result of Contractor's failure to perForm under this
Agreement.
14. Default and Termination. If Contractor faiis to prosecute the work
with such diligence as will insure its completion within the contract time, or if Contractor
breaches any of the terms or conditions contained in this contract and fails to cure said
breach within two (2) days of County's mailing of Notice of Default, or provides defective
service, County may terminate this contract forthwith. Upon termination, County may,
without prejudice to an action for damages or any other remedy, take the prosecution of
the work out of the hands of Contractor. County may enter into another contract for the
completion of the contract, or use such other methods as may be required for the
completion of the contract. County may deduct all costs of completing the contract from
any monies due or which may become due to Contractor. In the event this project is
terminated prior to completion of the services by the Contractor, the Contractor shall be
paid for services pertormed to the date of termination. In no event will the amount due
Contractor in the event of termination exceed that amount set forth in paragraph 3 of
this Contract. Nothing contained herein shall prevent the County from pursuing any
other remedy which it may have against Contractor, including claims for damages.
15. Nonwaiver of Rights. It is agreed that County's failure to insist
upon the strict performance of any provision of this Contract, or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such
breach, shall not constitute a waiver of any rights under this Contract.
16. Conflict of Interest. No paid employee of the County shall have apersonal
or financial interest, direct or indirect, as a contracting party or otherwise, in the
performance of this Contract.
17. Subcontracts. The Contractor shall utilize no subcontractors forcarrying
out the services to be performed under this Contract without the written approval of the
County.
18. Entire Agreement. This agreement constitutes the entire understanding of
the parties.
19. Binding Effect. This contract shall be binding upon the parties hereto, and
their heirs, successors, executors, administrators and assigns.
20. Further Actions. The parties will make and execute all further instruments
and documents required to carry out the purposes and intent of this contract.
21. Inclusive Terms. Use of the masculine herein shall include the feminine
and neuter, and the singular shall include the plural.
22. Governing Law. All of the terms and conditions contained herein shall be
interpreted in accordance with the laws of the State of North Carolina.
23. Notices. All notice required hereunder to be sent to either party shall be
l~
sent to the following designated addresses, or to such other address or addresses as
may hereafter be designated by either party by mailing of written notice of such change
of address, by Certified Mail, Return Receipt Requested:
To County:
New Hanover County Landfill
Attention: Sam Hawes
3002 Highway 421 North
Wilmington, North Carolina 28405
To Contractor:
H&G Farms, Inc.
Attention: Gil Horton
P.O. Box 10546
Wilmington, North Carolina 28404
24. Assignability. It is mutually agreed by the parties hereto that this contract
is not transferable and shall not be assigned by either party without the written consent
of the other party to this contract.
25. Amendments. This Contract shall not be modified or otherwise amended
except in writing signed by the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals, the day and year first above written and by authority duly given.
NEW HANOVER COUNTY
_ ~_,
Coun anager
~~o~ ~ _~~.,.~~
Clerk to the Board
[CORPOP,A~E SEAL]
H&G FARMS, INC.
' , .
President
ATTEST;
Secretary
4
This instrument has been pre-
audited in the manner required
by the Local Government Budget
and Fiscal Control Act.
Finance
NORTH CAROLINA
~ ~~
ctor
~1
Approved as to form:
~County orn
NEW HANOVER COUNTY
i, .~~1i1(,e.(,{ , a Notary Public of the State
and County afores id, certi hat Sheila Schult acknowledged that she is Clerk to the
Board of Commissioners of New Hanover County, and that by authority duly given and
as the act of the Board, the foregoing instrument was signed in its name by its
Manager, sealed with its corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal, this ~~ day of
' ~~ 1~1111;11~0
,,`°~~~e~9~ ~ Q~ ~~'' ~ ~
`; ~~.. ,,... .
= r~~NMy~ __ Notary Public
= ExP~ies ` _
My commission exp~es`••. 5j24j2~,rC.~. ~;
N ••..........•~ Go: ,,.:
~U l:~ ', ew Hano~e~ ,o`.
STATE OF '~~~,,,,~,~~~~~~~,,,,~,,,.
COUNTY OF ~/.cl ~Q./1dYr~
I, ~ ~ , a Notary Public of the State
and County aforesaid, certify that c3 ,~Qp~RGame before me this day
and acknowledged that (s)he is Secretary of H& FARMS, INC., and that by authority
duly given and as the act of the corporation, the foregoing instrument was signed in its
name as its President, sealed with its corporate seal and attested by him/herself as its
Secretary.
WITNESS my hand and official seal, this ~II.IL~._ day of
Dc1~~t~a- , 2oos.
My commission expires:
1
't
H & G Farms, Inc.
5454 Herring Chapel Rd.
1Zocky Point, N.C. 28457
910-259-416~ Farm
9io-259-416~ Fax
9~0-200-1~82 Mobile
P.O. Box io546
Wilmington, N.C. 28404 - 0546
New Hanover County Environmental Management
Sammual P. Hawse, IV
goo2 Highway 421 North
Wilmington, N.G 284oi - 9008
Re: Contract for annual over-seeding of spray sites
Job Description:
To over seed 28 acres +/- with a no till planter. The rye
gra.ss variety will be Vitagraze or Abruzzi. Application rates
will be 250 lbs. to the acre.
Cost - $8i6o.oo per year
Total Cost for g years will be $24,480.00
Thank you for the opportunity to bid on this work. If you
need any more information please call me any time.
Thank Y~
G Horton
~~~~
New Hanover County Contract #07-0109
NORTH CAROLINA
NEW HANOVER COUNTY
AGREEMENT
THIS CONTRACT, made and entered into this day of
, 2006, by and between NEW HANOVER COUNTY, a political
subdivision of the State of North Carolina, hereinafter referred to as "County'; and
, hereinafter referred to as "Contractor";
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out, hereby
agrees with the County as follows:
1. Scope of Services. Contractor shall perform over-seeding
of two spray sites located at the New Hanover County Landfill in accordance to Exhibit
"A", attached hereto, incorporated herein.
2. Time of Performance. Contractor shall commence work upon
Notice to Proceed and all work will be completed by
3. Renewal. The County may renew this Agreement for subsequent
two (2) annual terms, that shall run July 1, through June 30 for each renewal year for
services. The County shall give written notice to Contractor of such intent to renew.
4. Payment. County hereby agrees to pay to the Contractor for the
costs of services in an amount not to exceed in accordance to Exhibit "A", attached
hereto and incorporated herein.
5. Extra Work. County and Contractor shall negotiate and agree upon
the value of any extra work prior to the issuance of a Change Order covering said extra
work. Such Change Order shall set forth the corresponding adjustment, if any, to the
Contract Price and Contract Time.
6. Indemnitv. Contractor shall indemnify and hold New Hanover
County, its agents and employees, harmless against any and all claims, demands,
causes of action, or other liability, including attorney fees, on account of personal
injuries or death or on account of property damages arising out of or relating to the work
to be perFormed by Contractor hereunder, to the extent resulting from the negligence of
or the willful act or omission of Contractor, his agents, employees and subcontractors.
7. Insurance. Contractor shall maintain insurance from companies
licensed to write business in North Carolina, with an A.M. Best rating of "A" or higher,
and acceptable to County, of the kinds and minimum amounts specified below.
8. Certificates and Notice of Cancellation. Before commencing work
under this contract, Contractor shall furnish County with certificates of all insurance
required below. Certificates shall indicate the type, amount, class of operations
covered, effective date and expiration date of all policies, and shall contain the following
statement:
"The insurance covered by this certificate will not be canceled or materially altered,
except after thirty (30) days written notice has been received by County".
The Certificate of Insurance, naming New Hanover County as an additional insured on
Contractor's Commercial General Liability and Auto Liability Policies, shall be further
evidenced by an actual endorsement furnished to the County from the insurer within
thirty (30) days of the signing of the contract between the Contractor and the County.
9. Workers Compensation and Employers Liability Insurance.
Covering all of the Contractor's employees to be engaged in the work under this
contract, providing the required statutory benefits under North Carolina Workers
Compensation Law, and employers liability insurance providing limits at least in the
amount of $100,000/500,000/100,000. applicable to claims due to v K
bodily injury by accident or disease.
10. Commercial General Liabilitv. Including coverage for independent
contractor Q /~
operations, contractual liability assumed under the provisions of this contract,
products/completed operations liability and broad form property damage liability
insurance coverage. The policy shall provide liability limits at least in the amount of
$1,000,000 per occurrence, combined single limits, applicable to claims due to bodily
injury and/or property damage. New Hanover County shall be named as an additional
insured under this policy.
,J 11. Automobile Liability Insurance. Covering all owned, non-owned and hired
Of\ vehicles, providing liability limits at least in the amount of $1,000,000 per occurrence
combined single limits applicable to claims due to bodily injury and/or property damage.
12. Professio I Liabi (t Insurance. The Contracto will be required to
~ take u and maintain Profes 'ona Liability Insurance pr ' ing ' bility insurance limits
~ at lea in the amount of $1,0 00. The Contractor will b equired to maintain this
cove ge r a period of at le o(2) years beyond su ta ' I completion of the
co ract.
13. Independent Contractor. It is mutually agreed that Contractor is an
independent contractor and not an agent of the County, and as such the Contractor
shall not be entitled to any County employment benefits, such as, but not limited to,
vacation, sick leave, insurance, workmen's compensation, or pension and retirement
benefits.
14. Warrantv. The Contractor warrants County that any and all services
provided under this contract will be provided in accordance with the prevailing
standards of care for professional excessive prevailing in North Carolina at the time of
performance and that any and all materials and equipment furnished will be of good
quality and new unless otherwise permitted by this contract. All work not conforming to
these requirements may be considered defective. All work shall conform to applicable
Federal, State and local laws and regulations. Contractor shall be responsible for all
costs, damages and expenses including, but not limited to, penalties, fines and fees,
that the County may incur as a result of Contractor's failure to perform under this
Agreement.
15. Default and Termination. If Contractor fails to prosecute the work
with such diligence as will insure its completion within the contract time, or if Contractor
breaches any of the terms or conditions contained in this contract and fails to cure said
breach within two (2) days of County's mailing of Notice of Default, or provides defective
service, County may terminate this contract forthwith. Upon termination, County may,
without prejudice to an action for damages or any other remedy, take the prosecution of
the work out of the hands of Contractor. County may enter into another contract for the
completion of the contract, or use such other methods as may be required for the
completion of the contract. County may deduct all costs of completing the contract from
any monies due or which may become due to Contractor. In the event this project is
terminated prior to completion of the services by the Contractor, the Contractor shall be
paid for services performed to the date of termination. In no event will the amount due
Contractor in the event of termination exceed that amount set forth in paragraph 3 of
this Contract. Nothing contained herein shall prevent the County from pursuing any
other remedy which it may have against Contractor, including claims for damages.
16. Nonwaiver of Rights. It is agreed that County's failure to insist
upon the strict performance of any provision of this Contract, or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such
breach, shall not constitute a waiver of any rights under this Contract.
17. Conflict of Interest. No paid employee of the County shall have apersonal
or financial interest, direct or indirect, as a contracting party or otherwise, in the
performance of this Contract.
18. Subcontracts. The Contractor shall utilize no subcontractors forcarrying
out the services to be performed under this Contract without the written approval of the
County.
19. Entire Agreement. This agreement constitutes the entire understanding of
the parties.
20. Binding Effect. This contract shall be binding upon the parties hereto, and
their heirs, successors, executors, administrators and assigns.
21. Further Actions. The parties will make and execute all further instruments
and documents required to carry out the purposes and intent of this contract.
22. Inclusive Terms. Use of the masculine herein shall include the feminine
and neuter, and the singular shall include the plural.
23. Governing Law. All of the terms and conditions contained herein shall be
interpreted in accordance with the laws of the State of North Carolina.
24. Notices. All notice required hereunder to be sent to either party shall be
sent to the following designated addresses, or to such other address or addresses as
may hereafter be designated by either party by mailing of written notice of such change
of address, by Certified Mail, Return Receipt Requested:
To County:
New Hanover County Landfill
Attention: Sam Hawes
3002 Highway 421 North
Wilmington, North Carolina 28405
To Contractor:
Attention:
25. Assignability. It is mutually agreed by the parties hereto that this contract
is not transferable and shall not be assigned by either party without the written consent
of the other party to this contract.
26. Amendments. This Contract shall not be modified or otherwise amended
except in writing signed by the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals, the day and year first above written and by authority duly given.
[SEAL]
ATTEST:
NEW HANOVER COUNTY
County Manager
Clerk to the Board
Contractor
[CORPORATE SEAL]
President
ATTEST:
Secretary
This instrument has been pre-
audited in the manner required
by the Local Government Budget
and Fiscal Control Act.
County Finance Director
NORTH CAROLINA
NEW HANOVER COUNTY
Approved as to form:
County Attorney
~, , a Notary Public of the State
and County aforesaid, certify that Sheila Schult acknowledged that she is Clerk to the
Board of Commissioners of New Hanover County, and that by authority duly given and
as the act of the Board, the foregoing instrument was signed in its name by its
Manager, sealed with its corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal, this day of
, 2006.
Notary Public
My commission expires:
STATE OF
COUNTY OF
~, , a Notary Public of the State
and County aforesaid, certify that , came before me this day
and acknowledged that (s)he is Secretary of , and
that by authority duly given and as the act of the corporation, the foregoing instrument
was signed in its name as its President, sealed with its corporate seal and attested by
him/herself as its Secretary.
WITNESS my hand and official seal, this day of
, 2006.
Notary Public
My commission expires:
New Hanover County Contract #07-0109
NORTH CAROLINA
AGREEMENT
NEW HANOVER COUNTY
THIS CONTRACT, made and entered into this day of
, 2006, by and between NEW HANOVER COUNTY, a political
subdivision of the State of NoRh Carolina, hereinafter referred to as "County"; and
, hereinafter referred to as "Contractor";
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out, hereby
agrees with the County as follows:
1. Scope of Services. Contractor shall perform over-seeding of two
spray sites located at the New Hanover County Landfill in accordance to Exhibit "A",
attached hereto, incorporated herein.
2. Time of Performance. Contractor shall commence work upon
Notice to Proceed and all work shall be completed no later than the first two (2) weeks
of the month of October of each year.
3. Renewal. The County may renew this Agreement for subsequent
two (2) annual terms, that shall run the first two weeks of October for each renewal year
for services. The County shall give written notice to Contractor of such intent to renew.
4. Pavment. County hereby agrees to pay to the Contractor for the
costs of services in an amount not to exceed in accordance to Exhibit "A", attached
hereto and incorporated herein.
5. Extra Work. County and Contractor shall negotiate and agree upon
the value of any extra work prior to the issuance of a Change Order covering said extra
work. Such Change Order shall set forkh the corresponding adjustment, if any, to the
Contract Price and Contract Time.
6. Indemni . Contractor shall indemnify and hold New Hanover
County, its agents and employees, harmless against any and all claims, demands,
causes of action, or other liability, including attorney fees, on account of personal
injuries or death or on account of property damages arising out of or relating to the work
to be performed by Contractor hereunder, to the extent resulting from the negligence of
or the willful act or omission of Contractor, his agents, employees and subcontractors.
7. Insurance. Contractor shall maintain insurance from companies
licensed to write business in North Carolina, with an A.M. Best rating of "A" or higher,
and acceptable to County, of the kinds and minimum amounts specified below.
8. Certificates and Notice of Cancellation. Before commencing work
under this contract, Contractor shall furnish County with certificates of all insurance
required below. Certificates shall indicate the type, amount, class of operations
covered, effective date and expiration date of all policies, and shall contain the foflowing
statement:
"The insurance covered by this certificate wiil not be canceled or materially altered,
except after thirty (30) days written notice has been received by County".
The Certificate of Insurance, naming New Hanover County as an additional insured on
Contractor's Commercial Genera~ Liability and Auto Liabiiity Policies, shall be further
evidenced by an actual endorsement fumished to the County from the insurer within
thirty (30) days of the signing of the contract between the Contractor and the County.
9. Workers Compensation and Emalovers Liabilitv Insurance.
Covering all of the Contractor's employees to be engaged in the work under this
contract, providing the required statutory benefits under North Carolina Workers
Compensation Law, and emptoyers Iiabitity insurance providing limits at least in the
amount of $100,000/500,000/100,000. applicable to claims due to
bodily injury by accident or disease.
10. Commercial General , Liabilitv. Inc-uding coverage for independent
contractor
operations, contractual liability assumed under the provisions of this contract,
products/completed operations liability and broad form property damage liabiliry
insurance coverage. The policy shall provide liability limits at least in the amount of
$1,000,000 per occurrence, combined singte limits, applicable to claims due to bodily
injury and/or property damage. New Nanover County sfiall be named as an additional
insured under this policy.
11. Automobile Liabilitv Insurance. Covering a~l owned, non-owned and hired
vehicles, providing liability limits at ~east in the amount of $1,000,000 per occurrence
combined single limits applicable to claims due to bodi{y injury and/or property damage.
12. Independeni Contractor. It is mutually agreed that Contractor is an
independent contractor and not an agent of the County, and as such the Contractor
shall not be entitled to any County employment benefits, such as, but not limited ta,
vacation, sick leave, insurance, workmen's compensation, or pension and retirement
benefits.
13. Warran . The Contractor warrants County that any and all services
provided under this contract will be provided in accordance with the prevailing
standards of care for professional excessive prevailing in North Carolina at the time of
performance and that any and all materials and equipment furnished will be of good
quality and new unless otherwise permitted by this contract. All work not conforming to
these requirements may be considered defective. All work shall conform to applicable
Federal, State and local laws and regulations. Contractor shatl be responsible for all
costs, damages and expenses inciuding, but not limited to, penalties, fines and fees,
that the County may incur as a result of Contractor's failure to perform under this
Agreement.
14. Default and Termination. If Contractor fails to prosecute the work
with such diligence as will insure its completion within the contract time, or if Contractor
breaches any of the terms or conditions contained in this contract and fails to cure said
breach within iwo (2) days of County's mailing of Notice of Default, or provides defective
service, County may terminate this contract forthwith. Upon termination, County may,
without prejudice to an action for damages or any other remedy, take the prosecution of
the work out of the hands of Contractor. County may enter into another contract for the
completion of the contract, or use such other methods as may be required for the
completion of the contract. County may deduct all costs of completing the contract from
any monies due or which may become due to Contractor. In the event this project is
terminated prior to completion of the services by the Contractor, the Contractor shall be
paid for services perFormed to the date of termination. In no event wilf the amount due
Contractor in the event of termination exceed that amount set forth in paragraph 3 of
this Contract. Nothing contained herein shall prevent the Counry from pursuing any
other remedy which it may have against Contractor, including claims for damages.
15. Nonwaiver of Riqhts. It is agreed that County's fai~ure to insist
upon the stricf perFormance of any provision of this Contract, or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such
breach, shall not constitute a waiver of any rights under this Contract.
16. Conflict of Interest. No paid employee of the County shall have apersonal
or financial interest, direct or indirect, as a contracting party or otherwise, in the
performance of this Contract.
i7. Subcontracts. The Contractor shall utilize no subcontractors forcarrying
out the services to be perFormed under this Contract without the written approval of the
County.
18. Entire Agreement. This agreement constitutes the entire undersianding of
the parties.
19. Bindinq Effect. This contract shall be binding upon the parties hereto, and
their heirs, successors, executors, administrators and assigns.
20. Further Actions. The parties witl make and execute all further instruments
and documents required to carry out the purposes and intent of this contract.
21. Inclusive Terms. Use of the masculine herein shall include the feminine
and neuter, and the singular shall include the plural.
22. Governinq Law. All of the terms and conditions contained herein shall be
interpreted in accordance with the laws of the State of North Carolina.
/~
23. Notices. Ali notice required hereunder to be sent to either party shal- be
sent to the foilowing designated addresses, or to such other address or addresses as
may hereafter he designated by either party by mailing of written notice of such change
of add~ess, by Certified Mail, Return Receipt Requested:
To County:
New Hanover County Landfill
Attention: Sam Hawes
3002 Highway 421 North
Wiimington, North Carolina 28405
To Contractor:
Attention:
24. Assignabilitv. It is mutually agreed by the parties hereto that this contract
is not transferable and shall not be assigned by either party without the written consent
of the other party to this contract.
25. Amendments. This Contract shall not be modified or othenvise amended
except in writing signed by the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals, the day artd year first above written and by authority duly given.
[SEAL]
NEW HANOVER COUNTY
County Manager
ATTEST:
Clerk to the Board
Contractor
(CORPORATE SEALj
President
ATTEST:
Secretary
This instrument has been pre-
audited in the manner required
by the Local Government Budget
and Fiscal Control Act.
County Finance Director
NORTH CAROLINA
NEW HANOVER COUNTY
form:
Approved as to
County Attorney
~, , a Notary Public of the State
and County aforesaid, certify that Sheila Schult acknowledged that she is Clerk to the
Board of Commissioners of New Hanover County, and that by authority duly given and
as the act of the Board, the foregoing instrument was signed in its name by its
Manager, sealed with its corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal, this
. 2006.
Notary Public
My commission expires:
STATE OF
COUNTY OF
day of
~, , a Notary Public of the State
and County aforesaid, certify that , came before me this day
and acknowledged that (s)he is Secretary of , and
that by authority duly given and as the act of the corporation, the foregoing instrument
was signed in its name as its President, sealed with its corporate seal and attested by
him/herself as its Secretary.
WITNESS my hand and o~cial seal, this day of
, 2006.
Notary Public
My commission expires:
HUG-21-2966 12~46 FROM~FlEW FWNOL~R LRhIDFILL 9168153582
~~~~`y
,1~ie r~ ~ s
-~e ~,adr ~< ' I ~
8l31/06
Mr, Gitli~ King Hortoty Jz.
H & G Farms, Ina
P.O.Box 10546
Wilmington, NC 28404-054G
T0~9107987157
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b.~ ~~~.e .
RE: Conffact for annual over-sccding of spray sites
Dear Mr. Horton:
~~~~
New 13anover County is currently soliciting bid4 for the over.seeding of two spray si~
loceted at the New Hanover County Laadflll, 'Ihe spray siles consist of olosed landfill
cells that have four to one side slopzs. The work will be for a petiod of three years to
begin on the dau of contract signature. The work can generally be described as foDows:
• Ovct-sading approximately 28.0 acres each October (total of dzree timts for the
thtee ycar conhact period)
• Ovcr-sceding shall be done with a no-till drill
• The secd shall be winter ryegass of a variety approved by New Hanover County
stat~'
• The application rate shal[ be a minimum of 250 pounds per acre
• 7'he contnctor shatl supply ail the equ;pmeny materials, personnel, and any other
items necessary to compleee the work each fafl
^ The contractor shaU be responsible for eny damage to the spray tmgation system,
lan~ll gu vents, ]eachate pumping statioos, or any other materials or equipment
located within the project area that occurs duriag the over-seedings
• The contractor sst~all abide by all the conditions of the attsched draft contract that,
among other things, includes insurance reqwrements
The bids will be addressed to the New Hanover County Department of Environmental
Managemen[ and mmiccd "SP12AY SIT'E OVBR-SEL"D1NC~' at 3002 Highway a21
North, Wilmington, North Carolina 28401, attention Samuel P. Hawes, IV. Bids will be
PosttiC Fax Note 7671 ~a ~$p-
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.s FINANC6 OFFICE - RISK MANAGEMENT
I q e :
~ N~ Q` ANNE S. BROWN
/[n/ Risk Manager
V \vI^Q.4r.v ~(~'/ ~ I
O
P.O. BOX 607 (910) 798-7497
320 CHESTNUT STREET, SUITE 201 FAX (910) 798-7496
WILMINGTON, NC 28402-0607 asbrownonhcgov.com ,
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F~1G-21-2006 12:40 FROM:NEW H~~UER LRNDFILL 9108153582 T0:910796T157 P.2~2
received until 3:30 p.m., ~ST, Thursday, $eptember 21'~, 2006. New Hanover Counry
reserves the righY W reject any or ail btds.
It is recommended that you makc arrangements to visit the site to k'amiliaz;ze you~self
with the project and terrain prior to submitting bid,a, If you have any questions or wouid
like to arrange for a visit pleace coz~tmct me at 910-T98~454.
Sincerely,
Samue.l P. ~Iawes, N
Environmental Specialist
Anne S Brown/NHC To Becky Breen/NHC
08/29/2006 11:38 AM cc
bcc
Subject Contract No. 07-0109 Landfill
Becky, I have reviewed the Contract and all seems to be in order. I really do not think the Professional
Liability should be required.
Do you need your paperwork back?
*******NEW Phone & Fax Numbers effective 03I20I06:
(910) 798-7497 Phone Number
(910) 798-7496 Fax Number
Anne Brown, Risk Manager
New Hanover County
P.O. Box 607
Wilmington, NC 28402
FlUG-21-2~6 12:46 FROM~NEW HRNOUER LRNDFILL 9108153582
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8/31/U6
Mr. GiUiam King Horton, Jr.
Ii & G Farn+s, Inc.
P.O.Box 10546
Wilmington, NC 28404-054G
RE: Contcact for annual ovet-seeding of spr8y sites
Dear Mr, Hortoa:
T0:9107987157 P.1~2 S~ y,~ ~
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New Hanover County is currently soliciNng bids for the over.s~ding of two spray sites
locaud at the New Hanovet County LaadFill. The spray siles consist of closed landfill
cells that have four to oee side slopes. The work will be for a period of three yeazs to
begin on the date of couhact si~ature. The work can generally be described as foIlows:
^ Ovcr-sadit~ apProximately 28.0 ecres each October (total of duee times for the
three year con~act period)
~ Over-seeding shall be done with a no-till drill
• The seed shall ba winter ryegass of a variety approved by New Hanovcr County
staff
• The spplication rate shall be a minimum of 250 pounds per acre
• The contractor shall supply all the equipment, m$teriats, personnel, and any other
items necessaty to cornple[e the work eaeh fall
• The con~actor shall be responsible for eny damage to the spiay irrigatioq system,
landfill gas vents, ]eachate pumping stations, or any otber matetials or equipment
located w;thin the project area that occurs during the over-seedings
• The conhactor sLall abide by all the conditions of the attacheci draft contiact that,
among other thiags, includes insurance reqwrements
The bids will be addressed to the IVew Hanover Covnty pepartment of Eavironmental
Management and markcd "SP1tAY SIT~ OV~R-SELDINC~' at 3002 T-Tighway 421
North, Wilmington, North Carolina 28401, attention Samuei P, f~awes, IV. $ids will be
PosttiC Fax Note 7671 ~a ~~-
To 1 qYm ~
Gol~apf- Ca.
Phana Y Phana k ~ C
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RUG-21-2006 12:46 FROM:NEW HRNOUER LRNDFILL 9108153582 T0:910798T157 P.2~2
reeeived until 3:30 p.m., ~S'1', Thursday, SeptembCr 21'~, 2006. New Hanover Counry
reserves the right W reject uny or ail bids.
it is recomraended that you make arrangemenrs to visit the site Co £amiliarize youiself
with the project and terrain prior to submiriing bida. If you huve aay questions or would
like to anange for a visit please Co~tztct me at 910.798-4454.
Sincerety,
Samuei P. ~Iawes, N
Environmental Specialist
Sam Hawes/NHC To Becky Breen/NHC
09/01 /2006 0832 AM cc
bcc
Subject draft contract 07-0109
Good morning Becky. I hope everything is well with you regarding the storm. Thanks for the draft
contract. Can you please make a change to 2.? Can you change the wording to read: Contractor shall
conduct the work in the first two weeks of October of each year.
I also have a question on 3. (Renewal). Can we remove this altogether and under Payment have it read
that we will pay a lump sum. How about call me about this. Call me on my cell phone at 512-6255.
Thanks!
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New HanoverCounty
NOftTHOCA0.0LINA
WANDA M.COPLEY
County Attomey
KEMP P. BURPEAU
Deputy County Anomey
E. HOLT M1SOORE, III
Assistant County Attomey
NEW HANOVER COUNTY
OFFICE OF THE COUNTY ATTORNEY
320 CHESTNUT STREET, ROOM 309
WILMINGTON, NORTH CAROLINA 28401-4095
TELEPHONE (910) 798-7/53
FAX (910) 798-7157
October 2, 2006 ~ ~ ~~
HAND DELIVERED
H&6 Furms, Inc.
Attention: Gil Horton
P.O. Box 10546
Wilmington. NC 28404
RE: New Hnnover County Contract -#07-0109
Dear Mr. Horton:
Enclosed please find an original and duplicnte original of the above-referenced
contract for authorized signatures by the President and Secretary, who will affix
your corporate seal. Please note that an acknowledgment by a Notary Public is
required.
The originnl and duplicate originals are to be returned to this office, marked
for my attention, along with certificntes of insurance.
Thank you for your attention to this mntter.
encl.
cc: Sam Howes, NHC Landfill
Sincerely,
,~..~-{ `~ lp,, - ~ I
Becky Br~en ~~/~
Administrative Support Specinlist
New Hanover Counry
NORTHOCAROLIN~
WANDA M. COPLEY
Cowty Attomey
liEMP P. BURPEAU
Deputy County Anomey
E. FIOLT MOORE, III
Assisiant County Attomey
NEW HANOVER COUNTY
OFFICE OF THE COUNTY ATTORNEY
320 CHESTNUT STREET, ROOM 309
WILMINGTON, NORTH CAROLINA 28401-4095
TELEPHON6 (910) 798-7153
FAX (910) 798-7157
October 2, 2006
H&6 Farms, Inc.
Attention: Gil Horton
P.O. Box 10546
Wilmington. NC 28404
RE: New Hnnover County Contract -#07-0109
Dear Mr. Horton:
HAND DELIVERED
Enclosed please find un original and duplicate original of the above-referenced
contrnct for nuthorized signatures by the President and Secretary, who will affix
your corporute seul. Please note that nn ncknowledgment by a Notary Public is
required.
The original Qnd duplicate originals are to be returned to this office, marked
for my attention, nlong with certificates of insurcance.
Thank you for your attention to this matter.
encl.
cc: Sam Howes, NHC Lundfill
Sincerely,
,~-('~
Becky Br~en ~~~-e.P•l/
Administrative Support Speciulist
NEW IIANOVER COUNTY
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
3002 HWY 421 NORTH
Wilmington, NC 28401-9008
Telepl~une: (9101 79N-4400 • Fa.c: (y10) 3d1-d371
F,-Mail Address: rch~urhCa~ahrgui~.rom
KAYMOND L. CHURCH JR.
Din~rtur u( Envirumcntad Management
9/12/06
Mr. Gilliam King Horton, Jr.
1 I& G Farms, Inc.
P.O.[~ox 10546
Wilmington, NC 28404-OSa6
Rl:: C`untract for annual over-seeding of spray sites
Dcar Mr. I~orton:
New Hanover County is currently soliciring bids for the over-seeding of two spray sitcs
located at the New Hanover County Landfill. 'I'he spray sites consist of closed landfill
cells that have four to one side slopes. The work will be for a period of three years to
bcgin on the date of contract signature. The work can benerally be described as follows:
° Over-seeding approximately 28.0 acres each October (total of three times far the
three yeaz contract period)
~ Over-seeding shall be done with a no-till drill
~ The seed shall be winter ryegrass of a variety approved by I~Iew Aanover County
siaf~f
•'Che applicaYion rate shall be a minimum of 250 pounds per acre
a"1'he contractor shall supply all the equipment, materials, personnel, and any other
itcros necessazy to complete the work each fall
°"Che contractor shall be responsible for any damage to the spray iirigation system,
laudfill gas vents, leachate pum~ing stations, or any other materials or equipment
located within the project area that occurs during the overseedings
°"fhe contractoT shall a6jde by all the conditions of lhe attaCl7~d dra~t poptraet tliai,
among ot}~er thlzlgs, inCludes insurance requiremer~Cs
°'fhis letter shall be con5idered "F.,xhibit A" for tl~e p~o~es qf tlijs cpntiaVt
'1'he biils will be addressed to the New Hanover County []epartm~nt of [i~yjrpTUll~Atal
Management and marked "SPRAY SITE OVER-SEED[I~[G" at 3~02 I-Iighway 421
North, Wilmington. North Carolina 28401, ariention Sanmel P. Hawes, IV. Bids wili be
received until 3:30 p.m., EST, Thursday, September 21S`, ZOOG. New Hanover Cowity
reserves the right to reject any or all bids.
[t is recommended that you make arrangements to visit the site to familiarizc yourself
with the project and terrain prior to submitting bids. If you have any questions or would
like to arrange for a visit please contact me at 910-798-4454.
S ~ cerely, ~~ ~-
.~-~/L ~..
Samuel P. Hawes, IV
Environmental Specialist
New Hanover Counry
NORTHOCAROLINA
WANDA Af. COPLE1'
Comty Momey
KEMP P. BORPEAU
Depury Cowty Attomey
E. NOLT MOORE, III
Assistant Cowty Attomey
11, 2006
NEW I-~ANOVER COUN'I'Y
OFFICE OF THE COUNTY ATTORNEY
320 CHESTNUT STREET, ROOM 309
WILMINGTON, NORTH CAROLINA 28401-4095
TELEPHONE (910) 798-7153
FAX (9/O) 798-7157
~OpM//
V
H & G Farms, Inc.
---- Attn:-Mr.-Gil Horton
5454 Hemng Chapel Road
-- Rocky-P-oint, NC 28457
Re: New Hanover Contract # 07-0109
Dear Mr. Horton:
Enclosed for your files, please find a duplicate copy of the above listed contract.
Thank you for your assistance in this matter.
Sincerely,
: ~~~ 1~~~
( Becky Breen
Administrative Specialist
Enc.
BB/cb
10/12/2006 13:00 FAK 9102598373 CANOH
CERTIFICATE OF INSURANCE
Farm Bureau Insurance of N.C., Inc.
North Carollna Farm Bureau Mutual fnsurance Company
This is to Certify, that policies in the name of
I~j 0 01
~E rH & G Farrns Inc ~
iNSUReo C/O GII Horton
and 5454 Hertings ChapeI Rd
aonr~sa Rocky Polnt N.C. 28457 THIS CERTIFICATE OF INe~RANC6 NEft}IER APpIR10AT1VELY NOR
NEGA7NELY AMEND9 QTEND8 OR ALTER9 T}~ COVERA6E
L J AFFORD6D 6Y AN1f POLICY DESCRIBEG HEREIN.
Crp m rofGB af Gro oa{B nel9or as 1[NI CYVS:
TYPE OF lNSl1RANCE
POLICY NUMBER POLICY EFFECiNE
DATE (MMIDDIYY) POUCY EXPIRATION
DqTE (MMNOryI')
p~~ ~µ~g ~N ~}~p~gq~D$
GENERALAGGREGA7E S ~.OOO
COMMERCUIL GL 0452881 8/18/2006 6l16/2007 T MP OVSA(iORE rE $
GENERAL PERSdVALBADVERTISWGINJURV S'I,OOO
~ipBi~y enC xcuR $ 1,000
$ 100
MFDIGLEkPENSE(MlYONE $ S
AUT OMOBI~E LIABII,Ii1f pg~ $
x SCHEDULED AUTOS 6AP 2115117 8/15/2008 2/15/2007 BODILY
H I RED AUTOS , INJURY
(~R ~RSOri)
$1 OO
NON-OWNED AUTO$ BODILY
GARAf3E LIABILITY INJUR'V
(PER ACCIDENT)
S 3OO
PROPER7YDAMAGE r~
EXCE SS LIABILRY EqCH AOGREC
4TE
UMBRELLA OCCURRENCE a
OTHER THAN UM6REI,LA
FORM $ $ ~
W STATUTORY
WORKERS
COMPENSATION
C 0223548
9/12/2006
9/12J2007
$100 ~~~,~i~
AND
EMPLOYERS LIABILITY
N~TM CAROLINp W.C. COVERAOE ONLY $100 (DISFnsE~nncri o~r~ov~~
$ 500 ~o~sense~ouucruMrq
07XER
ADDRION/LL INSUREO IF AN : . ,
OE9CRIPTION OF OPERATIONS/LOCp71pN8NENiCLESIREBTRICT10N816pEqpL ITEMB:
In U~e eve~ of any material G~sngs in, or pnceuation of said poliaes. the wieersigned compsny wlll endeava ~o give wriqen no6ce to the party to whom
tl11a cBrtlfit~tB is i3suBd, but f9llure (o gNe such fwtlce shaA imposB r10 oDll~tion fqf li8bilily upOfl tN0 COmp9~ly.
DaMd:1~~~2/2~06
JOB LOCATION:
CERTIFICATE ISSUED T0:
r
NauE New Hanover County
~,a Attn: Becky Breen
aon~ss 320 Chestnut St.,Room 309
Wilmingbon N.C. 28401
~
Name o}
taempamr:North Caroli ureau Mut al InsuranCe Co.
~
AUTHORIZED REPR ENTATIVE ~
1
J
30610600034YB741
H & G Farms, Inc.
5454 Herring Chapel Rd.
Rocky Point, N.C. 28457
910-259-416~ Farm
9io-a59-4i6~ Fax
9~0-200-1~82 Mobile
P.O. Box 10546
Wilmington, N.C. 28404 - 0546
New Hanover County Environmental Management
Sammual P. Hawse, IV
3002 Highway 42~ North
Wilmington, N.C. 284oi - 9008
Re: Coniract for annual over-seeding of spray sites
Job Description:
To over seed 28 acres +/- with a no till planter. The rye
grass variety will be Vitagraze or Abruzzi. Application rates
will be a5o Ibs. to the acre.
Cost - $8i6o.oo per year
Total Cost for g years will be $24,480.00
Thank you for the opportunity to bid on this work. If you
need any more information please call me any time.
Thank Y~
G~ orton
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NEW HANOVER COUNTY
GRANTS COORDINATOR CONTRACT ROUTING SLIP
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GRANTS COORDINATOR '( CONTRACT ROi1TING SLIP
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