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Home My WebLink About2023-590-E-AMS-Triangle Pond Management-Sportsplex SCM Service, Certification and Kudzo ControlRevised 04/23 1 [Departmental Use Only] TITLE Splex Stormwater FY 2023-2024 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 16th day of October, 2023, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Triangle Pond Management, LLC, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Stormwater BioRentention Pond Maintenance Service, Kudzo Control, and Certification. ii) By executing this Agreement, the 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. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED Revised 04/23 2 quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns 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. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED Revised 04/23 3 a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): System Observations, Removal of Trash, Clearing of Debris, Rip-Rap Treatment, Treatment of Unwanted Vegetation, Beneficial Vegetation, Water Quality Testing, Mowing, Repositioning of Rip-Rap, Exercising of Drain Valve, Check for Beaver/Muskrat Activity, Riser and Trash Rack Maintenance, Underground Inspecting/Monitoring, Underground Repair/Maintenance Advisement, and Certification of SCM, and Kudzu Treatment per proposals dated 10/3/2023 and Kudzo removal proposal once herbicide treatment is complete. 4. Duration of Services a. Term. The term of this Agreement shall be from October 16, 2023 to October 15, 2024. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be October 16, 2023. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Nine Thousand, ten Dollars ($9,010.00). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. 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. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED Revised 04/23 4 a. Cooperation and Coordination. The County has designated (Angel Barnes) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. 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 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. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED Revised 04/23 5 written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are 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 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, DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED Revised 04/23 6 on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. 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 non-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 http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy 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. d. 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. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. 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 or 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 or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED Revised 04/23 7 In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. i. Signatures. This Agreement together with any amendments or modifications may be 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 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:A. Barnes Triangle Pond Management, LLC P.O. Box 8181 405 S. Rogers Ln Hillsborough, NC 27278 Raleigh, NC 27610 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED Revised 04/23 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ Bonnie Hammersley, County Manager By: __________________________________ Megan Tumpey, Project Estimator Printed Name and Title DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED 10/12/202310/13/2023 Revised 04/23 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Triangle Pond Management, LLC Vendor Contact Person: Megan Tumpey (pe@trianglepondmanagment.com) Phone: 919.398.3221 Address: 405 S Rogers Ln City Raleigh State: NC Zip: 27610 Department: AMS/Splex Amount: $9,010.00 Purpose: Sportsplex SCM Service, Certification and Kudzo Control Budget Code(s): 54540030-800000 Vendor # 67758 Vendor Status with NCSOS: Current - Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 10/16/2023 End Date 10/15/2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by AMS Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: Sportsplex R&R) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED 10/12/2023 10/13/2023 10/13/2023 10/13/2023 Revised 04/23 10 Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED Triangle Pond Management 3713 Overlook Road Raleigh, NC 27616 Phone: (919)-398-3221 Fax: 984-200-0153 office@trianglepondmanagement.com www.trianglepondmanagement.com Maintenance Service Proposal Customer Information Account Name: Orange County Sportsplex Contact Name: Angel Barnes Management Company: Orange County Street Address: 101 Meadowlands Dr. City: Hillsborough State: NC Zip Code: 27278 Phone Number: (919) 610-8182 E-mail: abarnes@orangecountync.gov Dear Valued Customer, This proposal has been specifically designed to inform you about our methods of service to satisfy your needs and meet your expectations with the highest degree of professionalism and service available. We greatly appreciate the opportunity to offer, and ultimately, provide you with our services. Our effective communication, meticulous nature, and ability to provide customer feedback in a timely manner are the cornerstones of our business. Our staff comprises highly trained and dedicated employees that demonstrate their proficiency each time they perform service for our customers. With that said, we can absolutely guarantee that your property will be provided with the care and attention it deserves. Triangle Pond Management’s employees have over thirty years of combined experience, education, and knowledge in all aspects of aquatic structures, such as storm water, science, compliance, operations, and maintenance. We work closely with certified inspectors, developers, engineers, and government officials to establish and maintain compliant, beneficial, functional, and practical service programs. We have a wide array of products and services in availability which enables us to cater directly to each customer’s needs and desires. We will never attempt to coerce our customers to accept any unnecessary services. We believe that our honest and transparent customer service fosters long-term relationships with our clientele which, in turn, provides them with confidence in our abilities and assurance that their aquatic facilities/devices are being treated with optimal care and due diligence. We will always take the time to address your questions and/or concerns, do our best to educate you as to what will transpire during the process of providing our service, and keep you up to date with the status of your property. Thank you for choosing Triangle Pond Management as your designated pond care provider. We look forward to doing business with you and hope that we may continue to provide you with service that will keep your pond in excellent condition for years to come. Before we add your ponds and/or facilities to our regularly scheduled maintenance program, please review the list of services we offer, and our terms and conditions located on the subsequent pages of this document. Afterwards, you will be prompted to provide your signature, signifying that you agree to the services and price that are listed below. Upon receiving a signed copy of this document, we will begin performing maintenance on your pond(s). If you have any questions or concerns, feel free to contact us via e-mail or call us during our business hours (9:00 a.m. – 4:00 p.m.). Also, please visit our website to see all the services and products that Triangle Pond Management offers and why we’re the best option for fulfilling all of your aquatic needs. Sincerely, Sam Williams President of Triangle Pond Management DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED List of Services Included The following checklist offers our recommendations for services based on your needs and budget. Our customers will receive an electronic service report after each visit to keep them informed about the status of the facility. Optional services are available upon request by the customer for an additional charge. System Observations – This service includes a thorough examination of every aspect of the location, which is conducted by our trained professionals to ensure compliance. Any items that are of concern will be reported via our electronic reporting system. ☒ Included ☐ Optional ☐ N/A Removal of Trash – Any trash located near the perimeter and/or shoreline of the stormwater device will be collected and disposed of in an appropriate manner. Non degradable items that cannot fit into a 55-gallon garbage bag will require a repair quote to remove. ☒ Included ☐ Optional ☐ N/A Clearing of Debris – Leaves and brush will be blown out of the inlet, outlet, and level spreader devices (The clearing of large or excessive amounts of debris will be done as needed for an additional cost). ☒ Included ☐ Optional ☐ N/A Rip-Rap Treatment – Any unwanted vegetation that grows in the rip rap will be controlled with herbicide treatment. ☒ Included ☐ Optional ☐ N/A Treatment of Unwanted Vegetation – We will use EPA-approved herbicides to control undesirable vegetation, including cattails, primrose, and willows. ☒ Included ☐ Optional ☐ N/A Beneficial Vegetation – We will inspect the plants that are good for the ecosystem and ensure that they remain healthy and continue to flourish. ☒ Included ☐ Optional ☐ N/A Water Quality Testing – We will measure the temperature, pH level, dissolved oxygen, and alkalinity of the water. Dissolved oxygen tests will be conducted if there is a concern over low levels. Tests performed at the technician’s discretion. ☒ Included ☐ Optional ☐ N/A Mowing – Our mowing team will cover the perimeter of the facility and reduce the size of the grass to a height of four to six inches using equipment that is designed to operate on uneven terrain (Service will only be performed on areas designated as part of the SCM). ☐ Included ☒ Optional ☐ N/A Weed-Eating – We will reduce the size of the grass and vegetation in areas that the mower cannot be operated (Service will only be performed on areas designated as part of the SCM). ☐ Included ☒ Optional ☐ N/A Repositioning of Rip-Rap – Rip rap from the inlets, outlets, emergency spillways and other components will be repositioned back in place. Any repositioning that will take longer than 15 minutes will be considered as a repair and will need to have a proposal to cover the extra time and labor. ☒ Included ☐ Optional ☐ N/A Exercising of Drain Valve – This service is done bi-annually. (generally, April/Oct) ☒ Included ☐ Optional ☐ N/A Checking for Beaver/Muskrat Activity – During our maintenance visit if we observe active beaver or muskrat activity it will be noted in the report. *Removal of Varmints an additional cost* ☒ Included ☐ Optional ☐ N/A Mulch Redistribution – We will rake mulched areas to try to achieve even distribution throughout the device. This does not include adding additional mulch. ☐ Included ☐ Optional ☒ N/A Riser and Trash Rack Maintenance – We will clean these devices, check the draw-down facility, and remove any obstructions found in the orifice. ☒ Included ☐ Optional ☐ N/A Underground Inspection/Monitoring – Visual Inspection of the chamber, cartridges and sediment load, at which time the chamber will be allowed to vent. Gauging and recording of sediment accumulation on the floor, forebay and on the top of cartridges. This includes digital reporting each visit. ☒ Included ☐ Optional ☐ N/A Underground Repair/Maintenance Advisement – StormFilters have a specific Maintenance protocol based on multiple factors. From our observations and recordings, we will advise and then propose specific maintenance needs. Maintenance thresholds are as follows: 1. Sediment loading on the vault floor. ☒ Included ☐ Optional ☐ N/A DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED a. If >4” of accumulated sediment, maintenance is required. 2. Sediment loading on top of the cartridge. a. If >1/4” of accumulation, maintenance is required. 3. Submerged cartridges. a. If >4” of static water above cartridge bottom for more than 24 hours after end of rain event, maintenance is required. (Catch basins have standing water in the cartridge bay.) 4. Plugged media. a. If pore space between media granules is absent, maintenance is required. 5. Bypass condition. a. If inspection is conducted during an average rain fall event and StormFilter remains in bypass condition (water over the internal outlet baffle wall or submerged cartridges), maintenance is required. 6. Hazardous material release. a. If hazardous material release (automotive fluids or other) is reported, maintenance is required. 7. Pronounced scum line. a. If pronounced scum line (say ≥ 1/4” thick) is present above top cap, maintenance is required *The remediation of these events will require a separate proposal and are not included in this contract* Treatment Guideline #1 Type of Facilities/Devices: BR 1, Contech StormFilter Months Serviced: ☒January ☒February ☒March ☒April ☒May ☒June ☒July ☒August ☒September ☒October ☒November ☒December Mowing Months: ☐January ☐February ☒March ☐April ☒May ☐June ☒July ☐August ☒September ☐October ☒November ☐December Contech StormFilter Months: ☐January ☒February ☐March ☐April ☒May ☐June ☐July ☒August ☐September ☐October ☒November ☐December Additional Service Details: Annual Price: $3,840 Annual Price w/ Mowing: $5,100 Payment Amount: $320 Payment Amount w/ Mowing: $425 Billing Cycle: ☒Monthly ☐Quarterly ☐Bi-annually Additional Billing Notes: Please initial here to accept the mowing option: __________ Price of annual inspection/certification is $430 per SCM, billed separately from maintenance at the time of inspection. Please initial here to accept this service: _____________ DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED Terms and Conditions I: Injury Disclaimer – Triangle Pond Management assumes no liability for any accidents that results in any injuries being sustained or death during maintenance due to hazardous conditions on the property being serviced or negligent behavior. II: Cancellation – Customer and Contractor reserves the right to terminate the contract with a 30 -day written notice to other party. III: Payment – Payment must be remitted for services rendered no later than thirty days (or within the period that is agreed upon) after the invoice has been issued. Failure to do so could result in a penalty in which the party responsible will have a one and a half percent interest rate applied to the balance of the overdue invoice. This interest rate may be subject to change and is contingent upon the duration that the invoiced remains unpaid. IV: Renewal – This maintenance/treatment program will remain in effect for a duration of one year and will automatically be renewed on the anniversary. Based on cost factors, you might be subject to a renewal increase and will be notified of such, before an increase takes effect. V: Service Calls – Additional services that are recommended to perform diagnostics and remedy specific issues that are discovered during maintenance are not included with this service proposal. The price for these services will be based upon the severity of the damage and the amount of labor required for the repairs. VI: Accessibility – The manager of the property must provide Triangle Pond Management with the means to access the property that is being serviced, such as a key or gate code . If these resources are not given to us prior to the initiation of service, maintenance could be delayed until we are provided with them. I hereby acknowledge that I have read, understood, and agree to the terms of service. Signature: Date: 10/3/2023 Proposal beyond 30 days from above date, may need to be reevaluated for pricing. _________________________________________________________________________________________________ I hereby acknowledge that I have read, understood, and agree to the terms of service. Signature: Date: Service Start Date: DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED PO # 300 W Tryon St Bldg B 3rd Floor Office 10 Hillsborough NC 27278-2438 Orange County Sportsplex 101 Meadowlands Dr Hillsborough NC 27278-8500 Orange County Asset Management Orange County Sportsplex - Kudzu Treatmen MRT Net 30 08:00 AM Commercial Job Name Billing Information Terms TypeSales Rep Scheduled StartRoute Service Information Service Call - Initial Treatment Job Type 09:00 AM End Aquatics & Mowing Class Proposal Call Ahead Confirmed (919) 245-2628 Phone: Alt Phone: Fax: Alt Contact: E-Mail:abarnes@orangecountync.gov Marketing Campaign Contact:Angel Barnes Triangle Pond Management LLC 405 S Rogers Ln Raleigh NC 27610 Phone: (919) 398-3221 Fax: (919) 926-9279 office@trianglepondmanagement.com www.trianglepondmanagement.com Item Quantity Rate Amount Service Call - Revenue is needed for an initial treatment of the kudzu covering the dam and outlet area of the bioretention. Price includes one follow-up treatment, performed 14-21 days after the initial visit. Note: this quote does not include cutting/removing of dead vegetation post- treatment. 1 $600.0000 $600.00 _______________________________ ___________________________ __________________ Customer Signature Printed Name Date $0.00 $600.00 NC Sales Tax 7.25 Total: * Unless noted otherwise this is a package offer. Opting out or editing a single line item could affect the necessary labor or materials needed of other line items. Please contact us if you have any questions or concerns. * Scheduled start and ends times are approximations actual times may vary. All scheduled services are subject to weather cooperation. You will be notified if your services need to be rescheduled. Terms of service: • A Non-Refundable Deposits could be required depending on the cost/nature of service. If a deposit is required payment must be made before services can be scheduled. If the customer cancels the job more than 2 days prior to the schedule date, the deposit will be held as a credit for up to 90 days from the original schedule date of the job. Please note the new job date could be subject to a price. • Credit/Debit card run for more than $2500 will be subject to a 2% processing fee. • Late payments are subject to 1.5% late fee per month calculated from the day of service. • Returned checks result in a $35 returned check carge. Job Subtotal:$600.00 Payment Total:$0.00 DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED PO # 300 W Tryon St Bldg B 3rd Floor Office 10 Hillsborough NC 27278-2438 Orange County Sportsplex 101 Meadowlands Dr Hillsborough NC 27278-8500 Orange County Asset Management Orange County Sportsplex - 25011 RGH Net 30 08:00 AM Commercial Job Name Billing Information Terms TypeSales Rep Scheduled StartRoute Service Information Service Call - SCM REPAIRS Job Type 09:00 AM End Storm Water Class Proposal Call Ahead Confirmed (919) 245-2628 Phone: Alt Phone: Fax: Alt Contact: E-Mail:abarnes@orangecountync.gov Marketing Campaign Contact:Angel Barnes Triangle Pond Management LLC 405 S Rogers Ln Raleigh NC 27610 Phone: (919) 398-3221 Fax: (919) 926-9279 office@trianglepondmanagement.com www.trianglepondmanagement.com Item Quantity Rate Amount Service Call - ---Bioretention--- -AFTER herbicide treatment to terminate kudzu; -Mobilize two man crew with clearing equipment -Cut and remove terminated plant materials. ' 1 $1,600.0000 $1,600.00 Service Call - OPTIONAL/RECOMMENDED --Scarify seed and mat or straw any bare areas presenting due to removal of kudzu groundcover 1 $850.0000 $850.00 _______________________________ ___________________________ __________________ Customer Signature Printed Name Date $0.00 $2,450.00 NC Sales Tax 7.25 Total: * Unless noted otherwise this is a package offer. Opting out or editing a single line item could affect the necessary labor or materials needed of other line items. Please contact us if you have any questions or concerns. * Scheduled start and ends times are approximations actual times may vary. All scheduled services are subject to weather cooperation. You will be notified if your services need to be rescheduled. Terms of service: • A Non-Refundable Deposits could be required depending on the cost/nature of service. If a deposit is required payment must be made before services can be scheduled. If the customer cancels the job more than 2 days prior to the schedule date, the deposit will be held as a credit for up to 90 days from the original schedule date of the job. Please note the new job date could be subject to a price. • Credit/Debit card run for more than $2500 will be subject to a 2% processing fee. • Late payments are subject to 1.5% late fee per month calculated from the day of service. • Returned checks result in a $35 returned check carge. Job Subtotal:$2,450.00 Payment Total:$0.00 DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED DocuSign Envelope ID: 55C312B5-9AD9-4C75-9A3F-C20B4FC24FED