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HomeMy WebLinkAbout2021-142-E DEAPR-Bartlett Tree Experts tree maintenance DocuSign Envelope ID:3BC562C4-DE81-4C82-B3D7-97050F8D3E80 [Departmental Use Only] TITLE BFP Bartlett Tree FY 2020-21 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a body politic organized under the laws of the State of North Carolina, (the "County"), and The F.A. Bartlett Tree Expert Company (the "Provider"). 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 services set out below to the County in accordance with the terms of this Agreement,time being of the essence. The services or materials 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, fertilization and pest management. The term of this agreement rendered shall be from Feb 23, 2021 to June 30, 2021. 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. Pam: The County agrees to pay at the rates specified for Services satisfactorily (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed Three Thousand Eight Hundred Seventy Four dollars, ($3,874). 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 07/20 1 DocuSign Envelope ID:3BC562C4-DE81-4C82-B3D7-97050F8D3E80 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 N/A (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: To the extent authorized by North Carolina law 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. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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 this Agreement is 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 h t.p://www.oran ecog tync. 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 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, Revised 07/20 2 DocuSign Envelope ID:3BC562C4-DE81-4C82-B3D7-97050F8D3E80 North Carolina. Regardless of the outcome of said litigation each party is responsible for its own costs and fees,including attorneys' fees. 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,this Agreement is effective upon its execution by Orange County and the Provider. ORANGE COUNTY PROVIDER Fvaw, BDocuSigned by: DocuSigned by: By. ctor(t Ttl B623177245CD4C8e utive vice President 200 S. Cameron St. Matt Farin P.O. Box 8181 Representative Hillsborough,NC 27278 Revised 07/20 3 DocuSign Envelope ID:3BC562C4-DE81-4C82-B3D7-97050F8D3E80 ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: The F.A.Bartlett Tree Expert Company Party/Vendor Contact Person: Kevin Riegner Contact Phone: 919-687-0776 Party/Vendor Address: 5808 Triangle Drive City Raleigh State: NC Zip: 27617 Department: DEAPR Amount: $3,874 Purpose: Tree Maintenance Budget Code(s): 10515020 630000 20037 Vendor # 63998 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No® Contract Type: (Check one)New ® Renewal ❑ Amendment ❑ Effective Date February 23,2021 Approved by Board Yes❑No® Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to So%SS.ttggyQf the agreement: s fq,�,(t�avu_ Department Director's Signature Date: 2/24/2021 Agreements for emergency services or l?F&&gWV§hbject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards,specifications, and requirements: DocuSignedby:''ll� Office of the Risk Management Officerrius. (hnLt lib Date: 2/24/2021 7FDCF9176800498... Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: [_Zly cuSigned by: Office of the Chief Financial Officer A9e-a1dom Date: 2/24/2021 7NE5181ACC1409... Legal Services This agreement is approved as to le had i i and•:,s,,ufficiency: Office of the County Attorney Jb� I°b ufs Date: 2/26/2021 EAAMMEDW465... Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 07/20 4 DocuSign Envelope ID:3BC562C4-DE81-4C82-B3D7-97050F8D3E80 712/2/2020 E(MMIDD/YYYY) ACC" CERTIFICATE OF LIABILITY INSURANCE 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 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 CONTACT NAME: York International Agency, LLC PHONE FAx Attn. bartlettcert@yorkintl.com A/c No Ext: 914-376-2200 A/C No):914-376-2891 500 Mamaroneck Avenue ADDRESS: Harrison NY 10528 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property&Casualty Co of America 25674 INSURED INSURER B:Travelers Indemnity Company 25658 The F.A. Bartlett Tree Expert Company 1290 East Main Street INSURERC: Stamford CT 06902 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:616085768 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 SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY TC2J-GLSA-1005A129-TIL-20 12/1/2020 12/1/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 X POLICY❑ PRO- JECT ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY TC2J-CAP-1005A130-TIL-20 12/1/2020 12/1/2021 COMBINED SINGLE LIMIT $ Ea accident 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED (Pe accident)PROPERTY DAMAGE $ AUTOSUMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION UB-7N673715-20-51-R 12/1/2020 12/1/2021 X PER OTH- A AND EMPLOYERS'LIABILITY Y/N UB-7N781486-20-51-K 12/1/2020 12/1/2021 STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/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 DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:3BC562C4-DE81-4C82-B3D7-97050F8D3E80 BARTLETT TREE '� 1 E EXPERTS sCthV r1i1r TREF r"F pb'XF Igo;! Client:6146175 Printed on:2/2/2021 Orange County Parks Bartlett Tree Experts Attn:Dan Derby Kevin Riegner-Representative PO Box 8181 819 Ellis Road Hillsborough,NC 27278 Durham,NC 27703 Business:919.967.3766 Business:919-687-0776 Business:919-732-6147 Fax Number:984-218-1418 E-Mail Address:dderby@orangecountync.gov 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 health care 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: Prescription Soil Treatment Apply a prescription soil treatment to supply necessary nutrients according to soil analysis results and recommendations to the following plants and locations. • Persimmon located at the right side of the property •American 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 Provide 1 treatment at 950.00 per treatment. Estimated Treatment Date:2/2/2021 thru 5/2/2021. Amount:$950.00 Soil Sampling 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 •American Beech located at the back of the home •Sugar Maple located at the end of the drive The F.A.Bartlett Tree Expert Company Page 1 of 3 DocuSign Envelope ID:3BC562C4-DE81-4C82-B3D7-97050F8D3E80 Client:6146175 Printed on:2/2/2021 •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. • Micronutrient analysis will be performed. • Standard soils analysis will provide soil pH,organic matter content and levels of macro and secondary nutrients. Arborist Notes: • Complete in June 2021 Amount:$160.00 Pest Management: Root Rot Treatment Perform a systemic soil treatment to the following plant to help suppress Phytophthora root rot. •Sugar Maple located at the back right corner of the home Provide 2 treatments at 215.00 per treatment. Estimated Treatment Dates:2/1/2021 thru 2/27/2021,6/9/2021 thru 7/5/2021. Amount:$430.00 Borer Treatment 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:3/6/2021 thru 4/1/2021,6/15/2021 thru 7/11/2021. Amount:$570.00 Tree and Shrub Work: Natural Pruning The F.A.Bartlett Tree Expert Company Page 2 of 3 DocuSign Envelope ID:3BC562C4-DE81-4C82-B3D7-97050F8D3E80 Client:6146175 Printed on:2/2/2021 Species Location Willow Oak,Quercus phellos right side of property near the upper meadow Goals: • Reduce risk of root failure • Reduce risk of branch failure Specifications: • Reduce and/or remove all live,over-extended,large aspect ratio branches,3-6 inch diameter cut(s),outer • Remove all dead branches,2-5 inch diameter cut(s),entire canopy • Remove all debris *Arborist may use discretion with certain pruning cuts to accomplish the client's stated pruning goals Amount:$1,764.00 Total Amount:$3,874.00 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) El 2/2/2021 (Bartlett 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://www.bartlett.com/BartlettCOl.pdf A Job Site Safety Analysis was completed for your property,please contact your arborist for further details. The F.A.Bartlett Tree Expert Company Page 3 of 3