2017-134-E Planning - J.B. Tree Service for tree removal from Lake Orange

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DocuSign Envelope ID:95CD0897-5E43-462F-8449-3466B2E2BB6B [Departmental Use Only] TITLE LakeOrangeTreeRemoval FY 2016-2017 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 10th day of April, 2017, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and J.B. 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 (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Cut and remove trees on both sides of the Lake Orange Dam spillway. This includes cutting and removing trees on both sides of the fence on both sides of the spillway. Trees are to be cut back from the fence approximately 10 -12 feet. Trees strumps will be cut to within 5" of the ground on areas outside of the fence, where access is easy. Trees and limbs in the water will also be removed in the area from the carp fence to the spillway weir on both sides of the spillway approach channel. On the spillway side of the fence, trees may be cut at the top of the fenceline. All trees dam-side of the primary spillway outlet concrete endwall will be cut to within 5" of the ground and removed, as well. Four trees near drain pipe shall also be removed and cut to within 5" of the ground. Trees and debris may be chipped and evenly distributed (no greater than 6" in depth) in the wooded area owned by Orange County northwest of the dam. All other debris and chips will be hauled off and disposed of in a legal manner. The term of this agreement rendered shall be from April 10, 2017 to June 30, 2017. 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 SIX THOUSAND DOLLARS, ($6,000.00). 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 Revised 2/17 1