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Home My WebLink About2023-657-E-AMS-Triangle Pond Management-BioRetention Pond Repairs critial workRevised 04/23 1 [Departmental Use Only] TITLE BioPond FY 2023-2024 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, is between Orange County, North Carolina, a body politic organized under the laws of the State of North Carolina, (the "County"), and Triangle Pond Management, LLC (the "Provider"). W I T N E S S E T H: 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 services set out below to the County in accordance with the terms of this Agreement, time being of the essence. The services or materials or construction (hereinafter referred to collectively as “Services”) to be furnished under this Agreement are as follows: Rake, remove excess leaf/sticks, trash, and misc debris from the entirety of basin bottom and slopes. At east east side slope, weed out errant veg (including Kudzu on Wax Mrytles and Pine Saplings) and rake, and remove debris. Cover bare areas with pine straw. Remediation require at the west slope to include add quality clay fill and mechanically tamp to restore uniform grade for eroded portions of inner slope, securely staple non-woven geotextile fabric over entire slope where bare areas are present; tuck fabric into grade at upstream end and staple securely in place to prevent undermining from incoming sheet flow. Securely staple NAG SC250 TRM (no substitues) over top of the non-woven geotextiles fabric; staple securely in place, and especially at the upstream end to prevent undermining from incoming flows. Broadcast contractor's seed mix over entire basin bottom. The term of this agreement rendered shall be from November 17, 2023 to December 31, 2023. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed Three Thousand Six Hundred Thirty Dollars, ($3,630.00). 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 DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5 Revised 04/23 2 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 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 be designated here 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: To the extent authorized by North Carolina law 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 . It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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 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. Modifications may be evidenced by telefacsimile signature. 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. 8. Governing Law and Priority: Both parties agree this Agreement is 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 http://www.orangecountync.gov/departments/purchasing_division/contracts.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 list 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. Should any documents, exhibits, or addenda be attached to this Agreement, DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5 Revised 04/23 3 the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. 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 such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Regardless of the outcome of said litigation each party is responsible for its own costs and fees, including attorneys’ fees. 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 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. IN WITNESS WHEREOF, this Agreement is effective upon its execution by Orange County and the Provider. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Triangle Pond Management, LLC P.O. Box 8181 405 S. Rogers Ln Hillsborough, NC 27278 Raleigh, NC 27610 DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5 11/14/2023 Stormwater Repairs Division Manager 11/16/2023 Revised 04/23 4 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Triangle Pond Management, LLC Vendor Contact Person: Megan Tumpey (pe@trianglepondmanagement.com) Phone: 919.398.3221 Address: 405 S. Rogers Ln City Raleigh State: NC Zip: 27610 Department: AMS/Splex Amount: $3,630.00 Purpose: BioRetention Pond Repairs (Critial Work) 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 11/17/2023 End Date 12/31/2023 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: ) 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: DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5 11/15/2023 11/15/2023 11/15/2023 11/15/2023 Revised 04/23 5 Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5 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 - 25464 LPG Net 30 08:00 AM Commercial Job Name Billing Information Terms TypeSales Rep Scheduled StartRoute Service Information Service Call - 2023 Annual Inspection 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 - A: - RAKE/REMOVE EXCESS LEAF/STICKS, TRASH AND MISC. DEBRISFROM ENTIRETY OF BASIN BOTTOM AND SLOPES. 1 $400.0000 $400.00 Service Call - B: - AT EAST SIDE SLOPE, WEED OUT ERRANT VEG (INCL. KUDZU ON WAX MYRTLES & PINE SAPLINGS) & RAKE REMOVE DEBRIS. - COVER BARE AREAS WITH PINE STRAW. 1 $600.0000 $600.00 Service Call - C: REMEDIATION REQUIRED AT WEST SIDE SLOPE: 1. The west side slope receives sheet flow from the parking lot over its length. Poor soils, shade, tree root competition all have contributed to lack of vegetation. As such, the side slope is bare and eroding in many areas, and resulting in compromising sediment deposition to the highly vulnerable basin bottom. Implement the following repairs: 2. Add quality clay fill and mechanically tamp to restore uniform grade for eroded portions of west inner slope. 3. Securely staple non-woven geotextile fabric over entire slope where bare areas are present; tuck fabric into grade at upstream end and staple securely in place to prevent undermining from incoming sheet flow (critical). 4. Securely staple NAG SC250 TRM (NO substitutes) over top of the non-woven geotextile fabric; staple securely in place, and especially at the upstream end to prevent undermining from incoming flows. 1 $2,150.0000 $2,150.00 Service Call - D: - BROADCAST CONTRACTOR’S SEED MIX OVER ENTIRE BASIN BOTTOM 1 $180.0000 $180.00 SCM Inspection - SCM Re-Inspection and Reporting, Photographic Journal 1 $300.0000 $300.00 $0.00 $3,630.00 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 Job Subtotal:$3,630.00 Payment Total:$0.00 DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5 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 - 25464 LPG Net 30 08:00 AM Commercial Job Name Billing Information Terms TypeSales Rep Scheduled StartRoute Service Information Service Call - 2023 Annual Inspection 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 _______________________________ ___________________________ __________________ Customer Signature Printed Name Date 90 days from the original schedule date of the job. Please note the new job date could be subject to a price. • Credit/Deb transactions will be subject to a 3.5% 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. DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5 - 1 - P: 919.321.0638 F: 919.321.8311 PO BOX 297 Apex, NC 27502 STORMWATER SCM INSPECTION REPORT Inspection Date: 11. 02. 2023 Town of Hillsborough and State of North Carolina Stormwater Statutes require that stormwater SCM runoff control structures be routinely maintained in functioning condition, and inspected annually by a qualified professional to insure they are being maintained and are functioning as originally designed. A. General Information: Project Name: Orange County Sportsplex Contact Name: Triangle Pond Management Project Address: 101 Meadowlands Dr Hillsborough, NC 27278 Contact Address: PO Box 61207 Raleigh, NC 27661 Contact Phone: 919-398-3221 B. The following stormwater runoff controls are found at this project site: Wet Detention Pond Level Spreader Dry Detention Ponds Infiltration Devices 1 BIORETENTION BASIN Bioretention Area Filter Strips Stream Buffers: ft. Grassed Swale Pocket Wetlands 1 STORMFILTER (4 cartridge) Passed in August 2023 C. THE RESULTS OF THIS YEAR’S INSPECTION ARE AS FOLLOWS: VISUAL INSPECTION FOUND NO APPARENT PROBLEMS TO PRECLUDE ANNUAL CERTIFICATION. ALL STORMWATER CONTROLS AND FEATURES WERE INSPECTED, ARE PERFORMING PROPERLY, AND ARE IN COMPLIANCE WITH STATE & COUNTY STANDARDS FOR MAINTENANCE COMPLETE THE REPAIR AND/OR MAINTENANCE ITEMS INDICATED BELOW AND CONTACT G2 DESIGN P.A. FOR BIORETENTION ONLY I, ________ , as a duly registered Professional in the State of North Carolina, hereby state that, to the best of my abilities, the stormwater Best management Practice is fully functioning and operating as designed. Seal/Signature Inspection by: _______________________________________ G2 Stormwater Services D esign DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5 - 2 - PHOTO SUMMARY OF REMEDIATION REQUIRED AT BIORETENTION BASIN: A: RAKE/REMOVE EXCESS LEAF/STICKS, TRASH AND MISC. DEBRISFROM ENTIRETY OF BASIN BOTTOM AND SLOPES DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5 - 3 - A: AT EAST SIDE SLOPE, WEED OUT ERRANT VEG (INCL. KUDZU ON WAX MYRTLES & PINE SAPLINGS) & RAKE/REMOVE DEBRIS; COVER BARE AREAS WITH PINE STRAW DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5 - 4 - B: REMEDIATION REQUIRED AT WEST SIDE SLOPE: 1. The west side slope receives sheet flow from the parking lot over its length. Poor soils, shade, tree root competition all have contributed to lack of vegetation. As such, the side slope is bare and eroding in many areas, and resulting in compromising sediment deposition to the highly vulnerable basin bottom. Implement the following repairs: 2. Add quality clay fill and mechanically tamp to restore uniform grade for eroded portions of west inner slope; 3. Securely staple non-woven geotextile fabric over entire slope where bare areas are present; tuck fabric into grade at upstream end and staple securely in place to prevent undermining from incoming sheet flow (critical). 4. Securely staple NAG SC250 TRM (NO substitutes) over top of the non-woven geotextile fabric; staple securely in place, and especially at the upstream end to prevent undermining from incoming flows. 5. Other repair options will be considered and entertained for viability upon presentation. DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5 - 5 - D: BROADCAST CONTRACTOR’S SEED MIX OVER ENTIRE BASIN BOTTOM; CONSIDER SODDING BARE AREAS WITH SAND-BASED BERMUDA - End of Report - DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5 DocuSign Envelope ID: E88D3614-D81A-4354-A13B-CF79D436B6A5