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HomeMy WebLinkAbout2019-208-E AMS - Hoofbeat Farm inclement weather DocuSign Envelope ID:31076302-5D08-411F-A321-680354A900D1 pp os [Departmental Use Only] TITLE INCLEMENT WEATHER FY 20'19 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 29th day of January, 2019, ("Effective Date")by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Hoof Beat Farm, LLC (the "Provider"), parry 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 and/or construction (hereinafter referred to collectively as"Services") to be furnished under this Agreement are as follows: Snow pre-treatment and snow removal 12/8/2018- 12/10/2018 for county facilities The term of this agreement rendered shall be from 12/8/2018 to 12/10/2018. 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 One Hundred Sixty Seven and Twenty Five, ($4,157.25). 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 Rion-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 12118 I DocuSign Envelope ID:31076302-5D08-411F-A321-680354A900D1 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may he 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 (if no additional insurance required mark NIA 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. Indemni : 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. 6. Tennination: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 Signature : 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 he 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 11 A and Article 40 of North Carolina General Statute Chapter 66. 8. Governiniz Law and Priority Both parties agree that this Agreement shall be 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#p://www.orangecountyne.gov/departinents/purchasing divisionlcontracts.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 Iist 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 terns 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 j such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Revised 12118 2 DocuSign Envelope ID:31076302-5D08-411F-A321-680354A900D1 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,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANC-F.VQTTN'TTV PROMY" D..Signedhy: OocuSigned by, By. Ea2n 73AC0454EF.. By. 203AB5E4EB16429 De1,aLLL1,Gl1L"Ilr-L.LV1 Title: Jason naWKlns 200 S.Cameron St. Jason Hawkins P.O.Box 8181 2401 NC Highway 57 Hillsborough,NC 27278 Hillsborough,NC 27278 i i Revised 12118 3 DocuSign Envelope ID:31076302-5D08-411F-A321-680354A900D1 Hoof Beat Farm, LLC. INVOICE Triangle Snow Removal 2401 NC Highway 57 INVOICE#0001 Hillsborough, NC 27278 112119 919-201-5347 Trianglesnowremoval@qmail.com Make Checks payable to Hoof Beat Farm TO. OC ASSET MANAGEMENT FOR: SNOW PRE-TREATMENT AND SNOW REMOVAL 121812018 THROUGH 12/10/2018 Cumulative 12/2018 Snow Removal _...__...... _......... DESCRIPTION EVENT PLOWING SHOVELING SALTING AMOUNT DATE Mobilization Fee(One-time 12/8/2018 $100.00 assessment) OC Sheriffs Office 12/8/2018 $350 $95.00 $0 $445.00 _.........._......._....-.._...._......_............... .._ _...._ OC DA's Office 12/8/2018 $262.60 $95.00 $0 $357.50 OC Nash& Kollock 12/8/2018 $175.00 $47.50 $0 $222.50 OG Jail/Magistrate area 12/8/2018 $43.50 $95.00 $0 $138.50 ❑C 510 Meadowlands 1 218120 18 $262.50 $190.00 $0 $452.50 ❑C 86N 1 218120 1 8 $0 $47.50 $0 $47.50 j __..�_ _ .._...............� _...__......._ _�.._...._....._._ ._....._._...... _..._.__..........._---- - OC Passmore area 12/8/2018 $175.00 $190.00 $0 $365.00 OC Visitor's Bureau 12/8/2018 $0 $96.00 $0 $95.00 OC Courthouse Area 12/8/2018 $0 $237.50 $0 $237.50 OC South Cameron Street 1 2/812 01 8 $0 $68.75 $0 $68.75 OC Revere Road 1 21812 01 8 $0 $237.50 $0 $237.50 ....._........................ ..Y._..._.... OC Seymour Center 12/8/2018 $700.00 $0 $0 $700.00 OC SHSC 12/8/2018 $700.00 $0 $0 $700.00 ..............I..... ... TOTAL $4,167.25 Make II check able td Woof Beat F Total ue in 4d . Overdue a c un subject to a service charge of 1% per month. I � 1 I � s THANK YOU FOR YOUR BUSINESSI • r-�� DocuSign Envelope ID:31076302-5D08-411F-A321-680354A900D1 Created on: Friday, February 1 st, 2019 at 11:18AM ac V CERTIFICATE OF LIABILITY INSURANCE BATf(LMlBBnmrrl 02ro1/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BOLDER. 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 tho certificate holder is an ADDITIONAL.INSURED,the policy(ios)must bo 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 endorsemont(s). PRODUCER CONTACT NAME_ Phillip Mike Garrisan,___•_ Mast&Garrison,Inc, PHONE FA�I ,VC..nQ,Emi,336-226A474— ________ j FaA ,Not..336-226-4535•__ 439 South Spring StreetE-MAIL P.o.Box 340 AooREss: anagins@u mindspring.rertL_—_.-.--- Burlington,I IC 27215 1 N SURERI 5)AFFORDING COVERAGE -___ NAICA _-- - — - -- INSURER A:.&.dts-dale-l%uirance._Qompany--•-....-------- 97 INSURED INSURER 8 ENSURER C; Hoo€Beat Farm LLC INSURER0; 2401 NC 57 INSURER s; Hillsborough NO 27278 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 RE ISSUED OR MAY PERTAIN, THE INSURANGE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT To ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR �.�-.TYPE OF INSURANCE A B oLicY OFF POI_IDY IE%P LJMM -.. POLICY NUMBER MMlOOlYYYY MMleWYYYY pENERALLfABILITY CPS2949864 01/06/19 01/06/20 EACFIDCCURRENCE IuKtriltu S, ODO AX_T COMMERCIAL GENERAL LIAMUTY PjtELAISFS t occur enue} s�00„Q4] CLAIM$-MATTE. RI OCCUR MED EXP(Any one person) S 55 M PERSONAL&AOV INAIRY ... S_1 00_0,0 Q___ GENERAL AGGREGATE 52,9QQ,.sas+Q— GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMPIOP AGO POLICY PRO- --- LGC S _ (ES ABIIN SINGLE LIMIT CCid0W5 AUTOMOBILE LIABILITY ANY AVTO MOIL.Y INJURY Fu person)- 5 - _ .._.. .. --• ALL OWNED SCHEDULED e001LY INJURY{Per accl&nq 5• - H REAAUfOS NON-OWNED PROPERTY DAMAGE S AUTOS eracadenl) _------__-- $ UMBRELLA LIAR HOCCUR I EACH OCCURRENCE S EXCESS UAB CLAIMS-MADE AGGREGATE $ OCp R ETENT1ON 5 $ ----- WORHERS COMPENSATION Vk STATU- OTH- ANU EMPLOYERS'DABILITY YIN T,pi;Y_LIMLT.B. ".. E8" ANY PROPRIETCWPARTNERIEKECUTIVE NIA F.L.,EACH AOCIOENT S PFFICERIMEMBERFXCLUBEB7 ❑ - -""------ —"------ lMandefory In NH] E-L.OISEASE•EA EMPLAYE 5 if yyes,dm4be under _._.....n..._. _....."_..._--- L]ESCRIPTION OF OPERATIONS balaw E.L.DISEASE-POLICY LIMIT 5 DESCRIPTION OF OPERATIONS;LOCATIONS I VEHICLES(ALgch ACORD 101,Additional Remarks Schedule,If moro space le roqulrod) Snow Plowing&Landscaping CERTIFICATE HOLDER CANCELLATION ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBE POL10ICS BE CANCELLED BEFORE PO BOX 8181 )$ THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRE SENTATJVE ©1988.2010 ACORD CORPORATION, All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:31076302-5D08-411F-A321-680354A900D1 Change Endorsement NORTH CAROLINA FARM BUREAU t MUTUAL INSURANCE COMPANY, INC. P.O. Box 274271 Raleigh, North Carolina 27611-7427 Mutual Company Non-Assessable Policy Policy Number. 9727203 Named Insured and Mailing Address: Insurable Interest, If Any: JOSEPH MARVIN PHFLPS 1806 PATRICK HENRY LN HILLSBOROUGH, NC 27278-7713 Policy Period: From: 01/03/2017 To: 01/03/2020 Effective Date of Change: 09/08/2018 at 12:01 A.M.Standard Time at your mailing address shown above. Description of Change: 1. FBIM41 (1006) - Scheduled Property Floater coverage has been modified Revised Annual Premium $732.00 r-`1',.; `Y - 10-22-2018 G� Endorsement Amount is a Debit of$114.00 Authorized Representative Date 0684691 DALE DIXON (919)-732-7430 Agency Number Agent Name Telephone IMCHG 0309 DocuSign Envelope ID:31076302-5D08-411F-A321-680354A900D1 North Carolina Farm Bureau Mutual Insurance Company, Inc. , Forms Schedule ' m Policy Number: IM 9727203 Endorsement Effective: 09/08/2018 Effective Date: 01/03/2017 Expiration Date: 01/03/2020 Named Insured: JOSEPH MARVIN PHELPS Agent: DALE DIXON Policy Forms Applicable To All Coverage Parts Form # Edition Description IMJNC 0309 Inland Marine Policy Jacket CL0100 0399 Common Policy Conditions CL0168 0101 Amendatory Endorsement— North Carolina CL0700 1006 Virus or Bacteria Exclusion IM2067 0906 Amendatory Endorsement FBIM43 1006 Amendatory Endorsement— Deductible and Appraisal Clause CL0600 0115 Certified Terrorism Loss CL0605 0115 Certified Terrorism Loss Disclosure of Premium and Federal Share of Insured Losses Policy Forms Applicable To Scheduled Property Floater Form # Edition Description FBIM41 1006 Scheduled Property Floater IMFS 0309 Page 1 of 1 DocuSign Envelope ID:31076302-5D08-411F-A321-680354A900D1 Noah Carolina Farm Bureau Mutual Insurance Company, Inc. Schedule of Coverages Policy Number: IM 9727203 Form: FBIM41 1006 SCHEDULED PROPERTY FLOATER Endorsement Effective: 09/0812018 Described Classes of Personal'Articles, 4 Description, Equipment Schedule, Serial Number Deductible Coverage Annual Livestock Schedule, Machinery Schedule, If applicable If applicable Amount Premium Vehicle Schedule 1 2011 NEW HOLLAND TRACTOR, MODEL T4.75 ZCAF02556 $500.00 $27,000.00 $162.00 2 2011 NEW HOLLAND LOADER 655TL $500.00 $3,500.00 $21.00 3 2014 LS TRACTOR, MODEL 4046 2229012022 $500.00 $30,000.00 $180.00 4 2014 LS LOADER LL102 $500.00 $2,500.00 $15.00 5 2018 CASE TB370 SKIDSTEER NJM450786 $500.00 $59,000.00 $354.00 Coinsurance: 100% IMGS 0309 Page 1 of 1