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Home My WebLink About2018-124-E Planning - JB Tree Service Efland sewer tree removalDocuSign Envelope ID: 1428BDDA -8FA0- 4081- BF73- 3D02B42684EB [Departmental Use Only] TITLE EflandSew.TreeRemoval FY 17 -18 ORANGE COUNTY CONTRACT UNDER $1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 16th day of April, 2018, ( "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 JB Tree Service (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 and/or construction (hereinafter referred to collectively as "Services ") to be furnished under this Agreement are as follows: Cut and remove uprooted/fallen Hickory tree located within the 30 -ft wide sewer easement on the west side of Efland Cedar Grove Road. See Attachment A for exact location of the uprooted/fallen Hickory tree to be removed. All associated tree debris will be hauled off and disposed of by the Provider in a legal manner. Services are to be completed within one (1) week of starting work. The term of this agreement rendered shall be from April 16, 2018 to May 16, 2018. 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 NINE HUNDRED NINETY NINE DOLLARS, ($999.00). 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 10/17 DocuSign Envelope ID: 1428BDDA -8FA0- 4081- BF73- 3D02B42684EB 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 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 be designated here (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. 5. Indemnity: The Provider agrees, without limitation, 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Signatures: 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. Modifications may be evidenced by telefacsimile signature. 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. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 anti - 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.oran eg counl nc.gov /departments /purchasing division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. 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 - 86.58. 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. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. Should either party initiate litigation to settle any dispute involving the Revised 10/17 2 DocuSign Envelope ID: 1428BDDA -8FA0- 4081- BF73- 3D02B42684EB terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 10. Non 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 FOLLOW] Revised 10/17 DocuSign Envelope ID: 1428BDDA -8FA0- 4081- BF73- 3D02B42684EB IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY i Department Director 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 Revised 10/17 Oocu8lgncrJ 6y: �6� bp- � RMn,0f]ARCFfNC2 2 PROVIDER �fl—s;g. edh By. 4L! 1346QDL 1 bM U... Title: Jeff Bracken, Owner, JB Tree Service 7410 NC Hwy 86 North Hillsborough, NC 27278 Untitled Legend Map Write a description for your map. Efland - Cedar Grove Rd Fallen Tree in Sewer Easement a+ P .r Efland -Cedar Grave Rd. 4. _�. fT ?" ► 1 ' �Fallen Tree in Sewer Easement P a V,\5CA LY V. ►"1► i q - O EEO IT .f 3 y Goggle earth__ -__-- #�i► .; ,100aft DocuSign Envelope ID: 1428BDDA -8FAO- 4081- BF73- 3DO2B42684EB XT A,03A MEND- A (PACF- -Z r- Z -`� VarwG SEM LINE go W PLA All WzV UNE �arr�e rcxfat r nwac - �a Q P R _ D f FA Ls_FN _rR _ M`f I l tx._ .+ ° j� . _` nr�11E!•Ihllfllflli�illx`' i [IV N�Errll7 FAJIIIFI `�+ � Ir+ / lf+U LYN UNi4R D i13i� fLEia 1847L'IfS* +y i FC11fI�YSd. rt — 1 r A PINI 0644191M FIB 47 PAGIL 42 WAX SWTLOLY 39W ER LIAKHOLL 'FLIP' OL ..'a0z'67" AhErI am ILIIiC ♦ _ - :�� ` IS CM)MPUiER AND READY W A '� 1 _ ors _ FAIR akmm L E KTE14D I r PVC 3?A, 3 '#3 1 ,S- y f F'RLI JMET OF WET tiYi4]-L 70 PROPOW um"MIE 1102. As WET VML.:W RMWOVL',IMP, SIR '�w�� ,`e k j1 J ,, . - � µrrFr • y f 'c"'��y..��` - Am RECORD DRAWING � � �s �fBN' II�fIfMiCIkLiRDIYpdI�Bti�fell !!f� 5 +w _ !. dkuves rt ade dud no ba"d rIl?@f1 lFrII mm illkni mO kind by RI4 ;t �] cocwmmr mW LX11o1 mAllon eaiFeGOrvAt9Wm F1 made by dw OYA1 es AUlhG tmd a r EFL.AmD GEDAit BY GP'bgF. RaAt OF EILI91111G 1FTIUiIES AS'S11(}4'M #Xf Al�tO¢ MATE eWLY. 0 �7 MS ARE TO K VMFIED IN TK MILD aY THE OMINACICR. LU PR' OFIN F F 4 - Z DocuSign Envelope ID: 1428BDDA -8FA0- 4081- BF73- 3D02B42684EB AC"R" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 04104/2018 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. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or 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). PRODUCER Knight Insurance 110 Saone Square Street, Suite 7 Hillsborough, NC 27278 CONTACT NAME: PHONE 919- 245.1020 FPC N.)! 919- 245 -1010 E D)Ress: knightinsurance @raleigh.twcbe.com INSURERS AFFORDING COVERAGE NAIL# INSURER A: Northfield Insurance Company LIMITS INSURED Jeffrey Bracken dba JB Tree Service 7410 INC Hwy 86N Hillsborough, NC 27278 INSURERS: Travelers Property Casualty Co Of America COMMERCIAL GENERAL LIABILITY INSURERC: Integon National Insurance Company INSURER D: INSURER E : EACHOCCURRENCE INSURER F: COVERAGES CERTIFICATE NUMBER; REVISION NUMBER; 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. INSR TYPE OF INSURANCE INrD BURR POLICY NUMBER POLICY MIUDi EFF PIOLDI DY E1tYPY LIMITS A, x COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 CLAIMS -MADE a OCCUR WS317090 08101/20/7 08/0112018 DAMAGE TO RENTED PREMISES E® accurrence $ 1{10 000 MED EXP Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L. AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2,000,000 PRO- POLICY JET F1 LOC PRODUCTS- comp/op AGG s 2,000,000 s OTHER: C AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accidehl s 1,000,000 BODILY INJURY (Par parson) $ 1,000,000 ]� ANY AUTO 20022322193 09123117 03127118 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Par accident) $ 1000,000 r PROPERTY DAMAGE 11,000,000 HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LUIS OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS" LIABILITY ANYPROPRIETORtPARTNERfEXECUTIVE Y� Mandatary In NH EXCLUDED? (Mandatory 1 MIA 6JUB- 1K2381.3-0-18 - 031091201$ 0310912019! PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $600,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 191, Additional Remarks schedule, maybe attached if more space Is required) Orange County is listed as additional insured on the General Liability policy. CERTIFICATE HOLDER CANCELLATION Orange County Planning and Inspection Department PO Box 8181 131 W Margaret Ln Hillsborough, INC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE SMITH THE POLICY PROVISIONS. AUTHORIZEO REPRESPNTATNP 01988 -2015 ACORD CORPORATION. All ri+ahts reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD