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HomeMy WebLinkAbout2017-018-E AMS - Hoof Beat Farm, LLC for ice-snow removal equipment and labor DocuSign Envelope ID: D0D4336D-BBE2-4675-B7DF-226F5C0932F0 [Departmental Use Only] TITLE Ice/Snow Removal Svcs FY FY2015-16 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 4th day of January, 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 Hoof Beat Farm LLC dba Thawed Out Snow Removal (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: Inclement weather ice/snow removal services and associated unit rates for labor and equipment services according to the attached proposal dated December 1s`,2016. The term of this agreement rendered shall be from January 4th,2017 to May 2nd,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 Four Thousand Dollars, ($4,000). 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 6/16 1 DocuSign Envelope ID: D0D4336D-BBE2-4675-B7DF-226F5C0932F0 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 consist of 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: The Provider agrees 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement on the part of the Provider. 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 the 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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 Anti-Discrimination Policy. 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 affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County,North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of_ any dispute prior to the bringing of such suit or action. 11. "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. Revised 6/16 2 DocuSign Envelope ID: D0D4336D-BBE2-4675-B7DF-226F5C0932F0 [SIGNATURE PAGE TO FOLLOW] Revised 6/16 3 DocuSign Envelope ID: D0D4336D-BBE2-4675-B7DF-226F5C0932F0 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER �Docu Signed by: ,--Docu Signed by: batAA AG lkainoku slt By: ,AMA& ha/ti�n,S By: Manager County Manager Title: 200 S. Cameron St. Hoof Beat Farm,LLC P.O. Box 8181 2401 NC 57 Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 6/16 4 DocuSign Envelope ID: D0D4336D-BBE2-4675-B7DF-226F5C0932F0 Request for Services Consideration Thawed Out Snow Removal Part of Hoof Beat Farm, LLC. December 1, 2016- May 2, 2017 Thawed Out Snow Removal,part of Hoof Beat Farm, LLC submits the following • proposal for snow removal services to Orange County Government Services, for vendor consideration. Company Name Thawed Out Snow Removal (Part of Hoof Beat Farm LLC.) Jason Hawkins Contact Information 2401 NC 57, Hillsborough NC Billing Address Federal Tax ID# Contact Phone 919-201-5347 email hawkinsoutdoors @msn.com Snow Removal Services offered to Orange County Government Services Background: Hoof Beat Farm, in conjunction with Walker Farm's, Woods Farm& Garden, and other agricultural entities in Orange County is offering snow removal services to Orange County Government Services, as part of diversified business practice during the winter. This service offering is in an effort to offset slow agri-business during the winter. In addition,this service is with the intention of building rapport with local government, while augmenting local resources for the good of Orange County. It is with great hope, should an agreement be reached,that by utilizing local agriculture based experience and resources that Orange County may reduce out- sourcing, increase local engagement, and more importantly, better utilize resources during snow events in Orange County. The goal of this service agreement would be: 1. Safe snow removal practices for equipment operators 2. Remove snow to facilitate safe access of County owned properties 3." Efficient and planned allocation of resources in high priority settings 4. Open and transparent dialogue regarding changing needs and event mitigation 5. Increase access of local resources to Orange County,through establishing resource contacts available to assist during event needs DocuSign Envelope ID: D0D4336D-BBE2-4675-B7DF-226F5C0932F0 Schedule: 1. Priority needs, as identified by Orange County will be those of life, resource, and public safety. a. Thawed Out Snow Removal & designated resources, will offer pre-staging and event planning to best utilize resources b. Pre-staging and or logistic planning should have at least 48-hrs notice, with best efforts c. Continued dialogue of needs and changing conditions will be communicated by Orange County to Thawed Out Snow Removal for priority of snow removal 2. As Conditions of Safety allow, Thawed Out Snow Removal will execute snow removal in a strategic and planned fashion, under the priorities identified by Orange County. a. Early and frequent engagement and re-assessment of priority needs b. Optimization of equipment to facilitate safe, efficient, and quality snow removal 3. Pre-treatment of areas as requested a. Priority areas to be treated with snow/ice-melt treatment (cost structure outlined below) b. Re-treatment as necessary (cost structure as below) 4. Constant Contact Communication with Thawed Out Snow Removal a. Contact availability to be 24-hrs/day b. Back-up contact availability to be communicated Resources Included in Base Snow Removal Proposal: 1. Thawed Out Snow Removal to commit equipment and manpower to include but not limited to the following: a. 1 — 8-foot Tractor Mounted Snow Plow b. 1 —6-foot UTV 4-wheel drive mounted plow c. 3 —6', 7', 8' mounted tractor scrape blades d. 2—truck mounted snow plows e. 2- salt/ice-melt spreaders f 2—skid-steer machines g. 2—dump trucks for snow hauling as necessary h. 1 —backhoe i. 1 —Rubber Tire Loader j. Manpower for sidewalk/ice-melt work A. BASIC SERVICES (DESCRIPTION OF PROPOSED WORK) 1. Snow Removal: All driveway, entry/egress, parking, and vehicle access areas to be cleared of snow. a. Rate of Pay as follows: i. Equipment Pre-Staging Fee=$35 1. One-Time Staging fee per 24-hr event per staged-location 2. Fee to cover mobilization/demobilization ii. Travel Distance from site to next site>2 miles to be charged one-time $20 travel fee for equipment. DocuSign Envelope ID: D0D4336D-BBE2-4675-B7DF-226F5C0932F0 1. Inclusive of Equipment travel (Tractor, UTV, Plow-Mounted Vehicles) 2. Exclusive of Salt Spreading 3. Exclusive of manpower traveling, non-equipment iii. Up To 4" Snow: Hourly Rate of$125/hour per equipment used on-site iv. 4" to 8.9" Snow: Hourly Rate of$135/hour per equipment used on-site v. 9" to 13.9" Snow: Hourly Rate of$150/hour per equipment used on-site vi. 14" and greater: Hourly Rate $150/hour+ $20 every 4-inches of snow per equipment used on-site vii. Photographic evidence of snow depth to be taken and emailed, prior to work beginning. viii. Pre-Treatment Surface Area: 1. .90 cents/pound salt/ice-snow melt for initial treatment 2. .75 cents/pound salt/ice-snow melt post-event treatment and each recurrent application 3. Inclusive of walkways, access doors, and complete parking lot coverage 4. Application may begin 48-hrs before event and up to time of event ix. Side Walk Snow Removal: 1. 1"to 6" Snow: Hourly Rate $65/hour 2. 7"to 12" Snow: Hourly Rate $115/hour 3. 13"to 16" Snow: Hourly Rate $130/hour 4. > 17" Snow: Hourly Rate $150/Hour+$20/Hour for every 4" increment of snow, not to exceed$150/hour x. Fuel/Gas Supply: During event, when mobilization of resources is active, Orange County to support resources with fuel/gas and or nourishment as needed,to facilitate increased work-productivity. Fuel/Gas supply may be through mobile re-fuel or designated site source Authorized Signature: Authorized by(Printed Name &Title): DocuSign Envelope ID: 0004336D-BBE2-4675-B7DF-226F5C0932F0 GS286204 ACC i ® DATE(MMIDDIYYYY) A 1 y® CERTIFICATE OLIABILITY INSURANCE 01/06/2017 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 NAME:ACT Mike Garrison MAST & GARRISON, INC. 439 SOUTH SPRING STREET (IAlC o,Ext): 336-226-4474 FAX (NC, 336-226-4535 P.O. BOX 340 ADDRESS: mandgins @mindspring.com BURLINGTON NC 27215 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:SCOTTSDALE INSURANCE COMPANY 41297 INSURED INSURER B: HOOF BEAT FARM LLC 2401 NC 57 INSURER C: HILLSBOROUGH NC 27278 INSURER D: INSURER E: 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) LIMITS GENERAL LIABILITY CPS2590192 01/06/2017 01/06/2018 EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY PR S RENTED PREMISES((Ea occurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 X POLICY PRO- LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) SNOW PLOWING. 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. ORANGE COUNTY AUTHORIZED REPRESENTATIVE PO BOX 8181 HILLSBOROUGH, NC 27278 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: DOD4336D-BBE2-4675-B7DF-226F5C0932F0 , 4 FARM NORTH CAROLINA FARM BUREAU BUREAU INSURANCE MUTUAL INSURANCE COMPANY • ,4 ca TELEPHONE(919)782-1705 P.O, BOX 27427 RALEIGH, NORTH CAROLINA 27611-7427 INSURANCE BINDER BINDER TERM: ONE YEAR FROM: 1/3/2017 TO: 1/3/2018 , s 12:01 A.M.STANDARD TIME AT THE RESIDENCE PREMISES NAMED INSURED AND MAILING ADDRESS: LIENHOLDER/MORTGAGEE s (No.,Street,Apt.,Town or City,State,ZIP Code) (Name and address) JOSEPH PHELPS i 1806 PATRICK HENRY LANE HILLSBOROUGH, NC 27278 POLICY#BINDER DALE DIXON ''TYPE OF COVERAGE: ❑ FARM FIRE ❑ CHURCH ❑ COMMERCIAL PROPERTY (please check) ti El INLAND MARINE ❑ BUSINESS OWNERS ❑ COMMERCIAL PACKAGE POLICY PERILS INSURED AGAINST: ❑ STANDARD ❑ BROAD ❑ NAMED PERILS ❑ ALL OTHER PERILS ❑ BASIC CI SPECIAL ❑ OTHER(Specify) ITEM AMOUNT OF DESCRIPTION OF ` NO. COVERAGE PROPERTY/SERIAL# LOCATION OF PROPERTY 2011 NEW HOLLAND RURAL: MI, OF ON 1 $ 27,000.00 TRACTOR ZCAE02556 SIDE OF CO. URBAN: ST. CITY NEW HOLLAND LOADER RURAL: MI. OF ON 2 $ 3,500.00 655TL SIDE OF CO, URBAN: ST. CITY 2014 LS TRACTOR MODEL RURAL: MI. OF ON 3 $ 30,000.00 4046, F00437 SIDE OF CO. `` URBAN: ST, CITY 2014 LS LOADER RURAL: MI. OF ON ¢ 4 $ 2,500.00 LL102 SIDE OF CO. ': URBAN: ST, CITY N Subject to Form No.(s) (Insert form numbers) TOTAL ANNUAL PREMIUM $ 378.00 UNDER NO CIRCUMSTANCES WILL THIS BINDER BE CANCELLED WITHIN THE TERM OF THE BINDER _'. EXCEPT UPON 10 DAYS'WRITTEN NOTICE TO THE MORTGAGEE/LIENHOLDER NAMED HEREIN. 68 4691 DALE DIXON --,- 4\ 7'COUNTY NO. AGENT N0. AGENT NAME 7— 919-732-2891 January 3, 2017 AGENT'S TELEPHONE NO, COUNTERSIGNATURE DATE ' AUTHORIZED SIGNATURE ;505023-001-0696 1