Loading...
HomeMy WebLinkAbout2018-129-E Solid Waste - The Treeist tree cuttingDocuSign Envelope ID: 984B3051- CADF- 49CA- B6E3- DDA70FA39480 [Departmental Use Only] TITLE Tree Cutting FY 2018 ORANGE COUNTY CONTRACT UNDER $1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20th 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 The Treeist (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 three trees and drop into the woods, cut stumps close to ground as described in the attached proposal dated 4/7/2018. The term of this agreement rendered shall be from 4/25/2018 to 5/25/2018. 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 Three hundred seventy -five dollars, ($375.00). 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. 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 Revised 10/17 DocuSign Envelope ID: 984B3051- CADF- 49CA- B6E3- DDA70FA39480 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 I IA 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 ecognt)nc. og v /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 parry may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. Should either parry initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Revised 10/17 2 DocuSign Envelope ID: 984B3051- CADF- 49CA- B6E3- DDA70FA39480 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: 984B3051- CADF- 49CA- B6E3- DDA70FA39480 IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY DocuSigned by: Byr- ��§&itoi%rector 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 Revised 10/17 4 PROVIDER DocuSigned by: By: E--�QWRft636464D2— V'o MSLKA6f4 Tltl Craig Nishimoto, Owner 1200 Hatch Rd Chapel Hill, NC 27516 Nishim ©t©, Craig ©BA The Treeist INSURER C 1255 Hatch Rd INSURER D INSURER E Chapel Hill NC 27516 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LTR TYPE OF INSURANCE INSD WVQ POLICY NUMBER AND EMPLOYERS' LIABILITY 0v91bb1i YYY iv9r bb1YWY LIMITS H X COMMERCIAL GENERAL LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS be law EACH OCCURRENCE $ 1555555 CLAIMS-MADE X OCCUR DAMAGE TO PREMISES (Ea aN curreoce ) $ 155555 k1ED EXP (Anyone person) $ 5555 A N N NN955994 5215312518 5215312519 PERSONAL& ADV I NJU RY $ 1555555 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2555555 X FT PRO- F POLICY EC LO J EC PRODUCTS - COMP /OP AGG $ 2555555 17TH ER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Pee person) $ 155555 B OWNED SCHEDULED N N Q55- 1145542 5511112517 5511112518 BODILY INJURY (Per accident) $ 355555 AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ 55555 AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB � OCCUR EXCESS LIAB CLAIMS-MADE DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Yt N ANY PRO PRI ETORIPARTNERIEXECUIIVE OFFICER /MEMBER EXCLUDED? H N/A (Mandatary io NH) If yes, describe under DESCRIPTION OF OPERATIONS be law EACH OCCURRENCE $ AGGREGATE $ ■ PER STATUTE ■ E_L_ EACH ACCIDENT 11 DESCRIPTION OF 0 PERATI ONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION [SATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County Slid Waste Management ACCORDANCE WITH THE POLICY PROVISIONS. 1257 Eubanks Rd AUTHORIZED REPRESENTATIVE Chapel Hill NC 27516 Fax. Email. Q 1988 -2515 ACOR© CORPORATION. All rights reserved. ACOR© 25 (25161153) The ACOR© name and I ©g© are registered marks of ACOR© DocuSign Envelope ID: 984B3051- CADF- 49CA- B6E3- DDA70FA39480 NISHIA OP ID: SF ,a►coRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 04/16/2018 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: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 336- 232 -0219 Southeastern Agency Grou lnc. 9 d p 1501 Highwoods Blvd., St # 402 CONTACT Shelley L. Feral NAME: PHONE 336 - 232 -0219 (A/C 336 - 218 -7487 (A/c, No, Ext): (A/c, No): Greensboro, NC 27410 E -MAIL sfera @sagnc.com ADDRESS: Jeff Chandler EACH OCCURRENCE INSURERS AFFORDING COVERAGE NAIC # INSURER A: American Interstate Ins. Co. 31895 INSURED Craig Nishimoto, DBA The Treeist INSURER B: PERSONAL & ADV INJURY 1200 Hatch Rd INSURER C: AGGREGATE LIMIT APPLIES PER: POLICY El jE LOC OTHER: INSURER D: $ Chapel Hill, NC 27516 INSURER E: INSURER F: AUTOMOBILE 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 LTR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS 1207 Eubanks Rd COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR Chapel Hill, NC 27516 AUTHORIZED REPRESENTATIVE Jeff Chandler EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY El jE LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Per person) $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per acciden t) $ $ UMBRELLA LIAB EXCESS LAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR' LIABILITY ER/EXECUTIVE Y❑ OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A AVWCNC2653262017 12/01/2017 12/01/2018 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ SUO,000 E.L. DISEASE - POLICY LIMIT 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) klindley @orangecountync.gov CERTIFICATE HOLDER CANCELLATION ORANGEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count Solid Waste THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g Y ACCORDANCE WITH THE POLICY PROVISIONS. Management 1207 Eubanks Rd Chapel Hill, NC 27516 AUTHORIZED REPRESENTATIVE Jeff Chandler ACORD 25 (2016/03) @ 1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Anytime ✓ M sgB4_ OKB4_ Urgnt_ ClntHm_ Schdule_ ClrVehicals_ HOAOK_ LvChps_ Lv Wood ! /MessOK_ /W ntrDscnt_ TLC_ NoChpr ✓ NoDmpZ NoMini / InsCert_ DryGrnd_ ElectHazrd_ LineDrp_ Bndry7_ NghbrOK_ Dog_ Difflevl 2t %<*i.6 %t Date 04/07/2018 Proposal ID 2018.04.1-indley 1200 Hatch Rd Name Kevin Lindley, OC Solid Waste Chapel Hill, NC 27516 Address 1207 Eubanks Rd City Chapel Hill Zip 27516 www.treeist.com Phone 919 -918 -4915 M[ ]T[ ]H[ ] Email klindley @orangecountync.gov thetreeist @gmail.com Alternate Contact (919)260 -8970 Consulting Arborist rAr Crew Leader. Work Completed Date E Species ae o A a 2 Co X O` < O o: '` a m E U x u m J N W U .7'.= # N z m O a E O u a E O 0 a .'n y fC 1�♦'I'. n N o a r J H LL C O + Total $ �0IT 16 {,./d,,,,.1 I IS I I I ✓ 1 tzr JLJ ^, I`I tar' �FJ Ic t:f Site Map (locations approximate) Total $ 37V Special Instructions: Tr4A% 4 4L ,tvw ou" 1^ 4k& fT a reek 1 �wfww f'� tMw�l )< /tti M.,w fC 1�♦'I'. Sty,,,,,2' f y W f* J �0IT 16 64L It #^Si � �. � e ,4- �Drt I�- Sfr/ Customers Signature, Authorizing Work MatsLg_ MatsSm_ HT133__ Shears_ BrshCttr_Ladder_ GRCS_ HvyRigging_ 660_ Fence'rools _ Shvl_ LgRake_ BMGRake_ RopPuir_j/APTA_ WChpr_ GChpr__ Ymmi RMinl We guarantee that all work will be performed properly and thoroughly. We are fully insured. A $175 minimum applies to all pruning and removal services. Payment is due within 10 days of the work completed date. Proposals expire after one month. DocuSign Envelope ID: 984B3051- CADF- 49CA- B6E3- DDA70FA39480 We at The Treeist aim to provide top quality services that meet our clients' needs, reflect up -to -date arboricultural insights and techniques, and that maintain and advance our reputation in the communities in which we work. Our work and advice is informed by current ANSI standards for tree care, the Best Management Practices of the International Society of Arboriculture, and our growing knowledge of the trees and tree problems specific to Chapel Hill, Durham, and nearby areas. We value the trust of our clients and our ongoing relationships with you. Craig Nishimoto, Owner and Founder Map / Plant ID # — Used as a reference point on the site map. DBH — Refers to the Diameter of your tree's trunk at Breast Height, or about 4.5 feet above the ground. Measurements are in inches. Removals — In a tree /shrub removal we include the removal of wood and debris unless otherwise specified Cost saving is typically possible if we can leave the wood onsite with minimal processing. Pruning — Objectives include structure clearance [C], the removal of dead wood or broken limbs [D], pruning to encourage strong branching patterns and long -term structural integrity [S], and the raising the canopy [R]. Other objectives may be included in the special instructions [ +]. Climbing — Climbing is our specialty. All our climbers are proficient in modern, spikeless climbing techniques to avoid wounding non - removed trees. We prioritize safety and all employees are included in our worker's compensation coverage. Clearance [feet] —Approximate distance of canopy clearance from obvious structural conflicts such as buildings or wires. Raise [feet] — Approximate distance from the ground to the lowest remaining branches in a tree's canopy. Codom Removal — One stem of a bifurcated trunk will be removed, or one of two trees growing side -by -side will be removed. Such growth patterns are structurally weak. Stump — On removed trees stumps are standardly cut as low as possible without damaging cutting equipment. To suppress regrowth of young hardwoods we can apply an herbicide formulated for this purpose [H], or we can recommend a good stump grinding specialist (or arrange for that service) [G]. Tree Support — Structural weaknesses of a tree can sometimes be mitigated by installing cables in a tree's canopy [C] and /or by installing steel bracing rods through the trunks of multi- stemmed trees [B]. No tree support system provides a guarantee against failure and periodic inspections are advised. Root Care — The health of trees, especially planted ones, can sometimes be improved by severing stem girdling roots [G], or by excavating a buried root collar [X]. Air excavation of roots [AX] is recommended for more extensive soil decompaction and replacement. Pest / Disease — As a licensed NC pesticide applicator, we can treat trees for specific pests and disease with sprays [S] or micro - injection [1]. Our plant health care specialist can often diagnose specific tree problems, recommending preventative treatments against specific pests for some tree species. Problematic vines can be cut and treated with systemic herbicides safe to your trees [V]. Fertilize / Mulch — Specific trees may benefit from fertilization [F] or mulching [M]. We often recommend expanding the mulched areas around your valued trees with wood chips harvested from your unwanted trees. Our Certified Arborists and skilled staff are happy to answer questions. For general questions you may contact Craig Nishimoto using the business contact information above.