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HomeMy WebLinkAbout2019-678-E DEAPR - JB Tree Service Cedar Grove Park maintenance DocuSign Envelope ID:4FFF7FED-E7E2-40F9-88EC-57329165lE4D I [Departmental Use Only? TITLE J.B.Tree Service-CGP FY 2019-20 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1 st day of October, 2019, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the I State of North Carolina, (the "County"), party of the first part; and 3B 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 thereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Cut down and leave tree in the woods. Must remove 2 maple limbs to be able to fell the tree safely. The term of this agreement rendered shall be from October 1,2019 to November 30`I',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. P. ayment: 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 Six Hundred, ($500.00). 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 12/18 1 DocuSign Envelope ID:4FFF7FED-E7E2-40F9-88EC-573291651E4D Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http:llwww.orangecountync.goyldepartments/purchasing divisionlcontracts.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. Indernni : The Provider agrees, without limitation,to defend, indemnify, and hold harmless I 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. 5. 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 fib. 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:llwww.orangecouniyne.gov/depaittnents/Turchasing 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 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. 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 12/18 2 DocuSign Envelope ID:4FFF7FED-E7E2-40F9-88EC-573291651 E41D 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. 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: 0A W,� TAdn(l� By: 11 i�141'trMo�ctor T1tI 4E1B460DE15745PWner 200 S.Cameron St. Jeff Braken/7.B.Tree Service P.O.Box 8181 741 o NC Hwy 86 North Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 12118 DocuSign Envelope ID:4FFF7FED-E7E2-40F9-88EC-573291651 E4D Ac" CERTIFICATE OF LIABILITY INSURANCE anrElMMroomrr) 09/03/2019 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 pollcy(les)must be endorsed. if SUBROGATION IS WAIVED, subject to tho 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 CONTACT NAME: Knight Insurance PHtAKONE 919-245-1020 (PicFAX, No):919-245-1010 110 Boone Square Street,Suite 7 E- MAIL ADDRESS: kni htinsurance@raleigh.twcbc.com Hillsborough,NIC 27278 INSURERS AFFORDING COVERAGE NAIL:n INSURER A:Travelers INSURED INSURER B: Northfield Insurance Company Bracken,Jeffrey DBA INSURERC: Integion National Insurance JB Tree Service INSURER D:USLI 7410 NIC Hwy 86 IN INSURER E Hillsborough, NC 27278 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 ADDL SUER POLICY EFF POLCY ExP LIMITS m LTR POLICY NUMBER MMIDDIYYYY MMfODIYYYY GENERAL LIABILITY WS317090 712612019 7/26/2020 EACH OCCURRENCE 31 000 000 DAMAGE TO R�NT915_ B x COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $100 000 CLAIMS-MADE �OCCUR MED EXP(Arty one person) $ 000 PERSONAL&ADV I NJ U RY $1 000000 GENERAL AGGREGATE $x 000 ODD GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG s27000,000 x I POLICY PRO LOC $ AUTOMOBILE LIABILITY OM BIN EDISINGLE LIMIT 1 DDD ODD X ANY AUTO BODILY INJURY(per person) $ 00O DDD ALL C AUTOS OWNED AUTOSULED 2006316394 1/3/29119 03121121 BODILY INJURY(Peraccident) 51 000 000 1111Y DAMAGE HIREDAUTOS AUTOS NON-OYMED PerOac d..I) $1 08D 000 UMBRELLA LIAB OCCUR EACH OCCURRENCE s IEXCESS LIAR CLAIMS-MADE AGGREGATE $ CED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN A OFFICEOPRIE ER EXCLUDEDE ECUTIVE F NIA 6JUB 7H94031 1 19 2128119 2128120 E.L.EACH ACCIDENT $100 000 {Mandatory In NHI 'IE.L.DISEASE-EA EM PLOY Ed S10D 000 DESCRescribe under IPTION OF OPERATIONS below_TJ E.L.DISEASE-POLICY LIMIT I S50D 000 D Inland Marine C11550383F 11/10/18 11110/19 DESCRIPTION OF OPERATIONS l LOCATIONS r VEHICLES(Aflach ACORD 10t,Add III onaI Remarks Schedule,It more space is required) Vermeer Mid Atlantic,LLC is listed as loss payee on a VMA SC362 Stump Cutter,serial number 1VRF112Y2K1002669 CERTIFICATE HOLDER CANCELLATION Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE: WILL BE DELIVERED IN Dept.of Environment,Agriculture, Parks and Recreation ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2010 ACO D CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD I