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Home My WebLink About2019-234-E DEAPR - Bartlett Tree Blackwood Farm tree care program DocuSign Envelope ID:C5EC0012-B28F-4D4C-A742-15C2F203520C [Departmental Use Only] TITLE BFP Barlett Tree FY 2018-19 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this loth day of April, 2019, ("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 Bartlett Tree Experts (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- agmes 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: Tree Care Program for Blackwood Farm Park that includes soil care and fertilization and pest management. The term of this agreement rendered shall be from April 10,2019 to June 30, 2019. 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. PaymenC: 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 Seven Hundred Thirty Dollars, ($730.00). 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 arse described in the Orange County Revised 12118 1 DocuSign Envelope ID:C5EC0012-B28F-4D4C-A742-15C2F203520C 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 NIA (if no additional insurance required mark NIA 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. Indemni : The Provider agrees, without limitation, to defend, indemnify, and hold harmless Orange County fi-om all losses, Iiabilities, 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. C. 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 Si atures: The parties have read this Agreement and agree to be bound by all of its terns, 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 1 A and Article 40 of North Carolina General Statute Chapter 66, 8. Goveming 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:llwww.oranizecounlyne.gov/departments/purcliasing divisionlcontracts.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 Iist 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 Noah 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. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party 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 12118 2 DocuSign Envelope ID:C5E COO 12-B28F-4D4C-A742-15C2F203520C 10. Non A ra riation: 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. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective ` as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSigned by: By: bawl gn A By: FWVL 611CFA1D507A495.. Title 6823177245CNC8 200 S. Cameron St. Matt Farin P.Q. Box 8181 Representative Hillsborough,NC 27278 1 k Revised 12/18 3 i II 1 DocuSign Envelope ID:C5EC0012-B28F-4D4C-A742-15C2F203520C I I BARTLET T` TREE EXPERTS 5CIl--N I I FiC TREF CARE SINCE 1907 Client: 6146175 Printed on: 11/30/2018 Bartlett Tree Experts Orange County Parks Kevin Riegner-Representative Attn: Dan Derby 5808 Triangle Drive PO Box 8181 Raleigh, NC 27617 Hillsborough, NC 27278 Business: 919-732-6147 Business: 919-687-0776 E-Mail Address: dderby@orangecountync.gov Fax Number: 919-788-9147 Business: 919-967-3766 Dan Derby E-Mail Address: kriegner@bartlett.com Property Address: Blackwood Farm Park, 4215 NC 86; Chapel Hill, NC 27514 The Following program is recommended for certain trees and shrubs on your property. In addition to a thorough plant healthcare program,Bartlett Tree Experts recommends having a qualified arborist inspect your property periodically to assist you in identifying potential risks or hazardous conditions relating to your trees or shrubs. THIS IS NOT AN INVOICE. Soil Care and Fertilization: Fertilization Collect a sample from the following plants and locations and submit to the Bartlett Tree Research Laboratories for diagnostic analysis and treatment recommendations. •Persimmon located at the right side of the property •Beech located at the back of the home •Sugar Maple located at the end of the drive •Sugar Maple located at the back right corner of the home •Sugar Maple located at the front right corner of the home •Southern Magnolia located at the front right of the home A.written soil analysis report and recommendations will be provided. • Standard soils analysis will provide soil pH,organic matter content and levels of macro and secondary nutrients. • Micronutrient analysis will be performed, Arborist Notes: • Complete in March 2019 Amount.$160.00 -•----------------------------------- - --------------------------------- .........--------------------------------- Pest Management: The F.A. Bartlett Tree Expert Company Page 1 of 2 DocuSign Envelope ID:C5EC0012-B28F-4D4C-A742-15C2F203520C Client:6146176 Printed on: 11/30/2018 Pest Management Perform a bark treatment to the following plants to help suppress borers. •Persimmon located at the right side of the property •Sugar Maple located at the end of the drive •Sugar Maple located at the back right corner of the home •Sugar Maple located at the front right corner of the home Provide 2 treatments at 285,00 per treatment. Estimated Treatment Dates:31612019,6/14/2019. Amount.,$570.00 --------------------------------------------------.---------------------------------------------............... Total Amount:$730.00 ---------------------- - ------------------------- Please review the information and the terms and conditions attached,which become part of the agreement, and sign and return one copy authorizing the program. (Customer Signature) (Date) 11/3012018 (Bartfett Representative-Kevin Riegner) (Date) Prices are guaranteed if accepted within thirty days. All accounts are net payable upon receipt of invoice. Work is done in accordance with ANSI A300 Tree Care Standards. To access a certificate of liability insurance for Bartlett Tree Experts,please navigate to http:llwww.bartlett.corn lBartlettC01.pdf A,lob Site Safety Analysis was completed for your property, please contact your arborist for further details. The F.A. Bartlett Tree Expert Company Page 2 of 2