Orange County NC Website
DocuSign Envelope ID:9CF98C50-560B-4CBA-B5DB-DA941575C615 <br /> I <br /> [Departmental Use Only] <br /> TITLE Bartlett Tree BFP <br /> FY 2019-20 <br /> ORANGE COUNTY <br /> CONTRACT UNDER$5,000.00 ! <br /> NORTH CAROLMA <br /> 3 <br /> THIS AGREEMENT, made and entered into this 23rd 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 Expert (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: Provide natural pruning to the sugar maple adjacent to <br /> the work trailer at Blackwood Farm Park. Work will also include a root invigoration process to cultivate the <br /> soil beneath the crown of the sugar maple. Approximately 15 sq ft. of surface area will be cultivated to a <br /> depth of 6-8 inches. Biochar will be added to the soil during cultivation and mulch will be applied to the <br /> treated areas. <br /> The term of this agreement rendered shall be from September 23 to November 1. <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 mariner 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 <br /> shall not exceed Two Thousand Five Hundred and Two Dollars, ($2502,00). <br /> Payment shall be made within thirty (30) days of an invoice properly submitted to <br /> County. Should Provider fail to perform its duties under the teens of this <br /> Agreement, County may, without fault or penalty, withhold any payment associated <br /> with the work to be 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 /> workers'compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of <br /> any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. <br /> Revised 12/18 1 <br />