Orange County NC Website
DocuSign Envelope ID:A81251C8-596E-471D-932E-33DCBB4BF88E <br /> [Departmental Use Only] <br /> TITLE Bartlett Tree Experts <br /> FY 2019-20 <br /> ORANGE COUNTY <br /> CONTRACT UNDER$5,000.00 <br /> NORTH CAROLINA <br /> THIS AGREEMENT, made and entered into this 3rd day of September, 2019, ("Effective Date") <br /> by and between Orange County,North Carolina,a body politic and corporate organized under the laws of the <br /> State of North Carolina, (the "County"), party of the first part; and Bartlett Tree Experts (the "Provider"), <br /> party of the second part; <br /> WITNESSETH: <br /> For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby <br /> contracts for the services of the Provider, and the Provider agrees to provide the following services to the <br /> County in accordance with the terms of this Agreement, time being of the essence: <br /> The services and/or materials and/or construction (hereinafter referred to collectively as "Services") <br /> to be furnished under this Agreement are as follows: Natural pruning to two Willow Oaks on the West side <br /> foundation of the Orange County Courthouse building, 106 E Margaret Lane to reduce the spread of crown <br /> from the building and reduce risk of branch failure. Reduce and/or remove all live, interfering branches, 1-3 <br /> inch diameter cut(s), to provide 8-10' of building clearance. Remove all dead branches, 2-8 inch diameter ! <br /> cut(s), entire canopy. Remove all debris. Per the quote, Arborist may use discretion with pruning cuts to <br /> accomplish stated goals and an occasional dead branch larger than specified may be left where it is <br /> impractical to remove it. Inspect the upper canopy branches for evidence of scale and wood borers. <br /> The term of this agreement rendered shall be from September 3,2019 to October 31,2019. <br /> Provider represents and agrees that Provider is qualified to perform and fully capable of performing and <br /> providing the services required or necessary under this Agreement in a fully competent, professional and <br /> timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in <br /> the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, <br /> ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not <br /> sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or <br /> responsibility granted or required by this Agreement,without the prior written approval of the County. <br /> SPECIFIC TERMS <br /> 1. Payment: The County agrees to pay at the rates specified for Services' satisfactorily <br /> performed in accord with this Agreement. The amount to be paid by the County shall not exceed Two <br /> thousand sixty dollars and no cents, ($2,060.00). Payment shall be made within thirty (30) days of an <br /> invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this <br /> Agreement, County may, without fault or penalty, withhold any payment associated with the work to be <br /> performed until such time as said work is completed. <br /> 2. Non—waiver: Failure by County at any time to require the performance by Provider of any <br /> of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor <br /> shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of <br /> this Non-Waiver Clause, <br /> 3. Independent Contractor: The Provider shall operate as an independent contractor, and the <br /> County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated <br /> as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or <br /> Revised 10/17(Mgr appry A 6/18) <br />