HomeMy WebLinkAboutAgenda 06-16-2026; 8-h - Services Contract Award for Sportsplex Recreational Pool Replaster 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 16, 2026
Action Agenda
Item No. 8-h
SUBJECT: Services Contract Award for Sportsplex Recreational Pool Replaster
DEPARTMENT: Asset Management Services,
Finance and Administrative
Services
ATTACHMENT(S): INFORMATION CONTACT:
1. Services Contract Angel Barnes, 919.245.2628
2. Sole Source Justification Letter Jovana Amaro, 919.245.2651
Alan Dorman, 919.245.2658
PURPOSE: To:
1) Approve the County entering into a service contract with Decorative Concrete Coatings of
N.C., Inc. dba Sundek of North Carolina for the replastering of the recreational pool at the
Sportsplex facility; and
2) Authorize the County Manager to execute the Agreement, subject to final review by the
County Attorney, and any subsequent amendments for contingent and unforeseen
requirements up to the approved budget amount on behalf of the Board.
BACKGROUND: In FY 2024-2025, the Orange County Board of County Commissioners (BOCC)
approved funding within the Capital Investment Plan (CIP) to replaster the commercial pools at
the Orange County Sportsplex Facility. This included the pool deck, competition pool, and wading
pool.
In FY 2024-2025, the pool deck resurfacing was completed, and in FY 2025-2026, replastering of
the competition pool and wading pool were completed.
The proposed exception to the competitive bidding requirements for this project to move forward
is found in North Carolina General Statute 143-129(e)(6), "Purchases of apparatus, supplies,
materials, or equipment when: (i)performance or price competition fora product are not available;
(ii) a needed product is available from only one source of supply, or (iii) standardization or
compatibility is the overriding consideration. Notwithstanding any other provision of this section,
the governing board of a political subdivision of the State shall approve the purchases listed in
the preceding sentence prior to the award of the contract."
The Sole Source Justification letter for Sundek of North Carolina is attached.
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Orange County Asset Management Services negotiated the contract with Sundek of North
Carolina for $74,453.
FINANCIAL IMPACT: The Services Agreement proposes to complete the replastering of the
recreational pool. The Board approved funding for this purpose within the FY 2026-2027 Capital
Investment Plan on June 16, 2026. The $74,453 cost of the service contract is within the approved
FY 2026-2027 Capital Investment Plan budget.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 1: ENVIRONMENTAL PROTECT AND CLIMATE ACTION
OBJECTIVE 2. Invest in our infrastructure to reduce the environmental impact of the
County Fleet/facilities and improve safety.
RECOMMENDATION(S): The Manager recommends that the Board:
1) Approve the County entering into a service contract with Decorative Concrete Coatings of
N.C., Inc. dba Sundek of North Carolina for the replastering of the recreational pool at the
Sportsplex facility; and
2) Authorize the County Manager to execute the Agreement, subject to final review by the
County Attorney, and any subsequent amendments for contingent and unforeseen
requirements up to the approved budget amount on behalf of the Board.
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[Departmental Use Only]
TITLE Splex Pool
FY 2026-2027
NORTH CAROLINA
SERVICES AGREEMENT NO RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter "Agreement"), made and entered into this 1st day of
July, 2026, ("Effective Date") by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and Decorative Concrete
Coastings of N.C. Inc. dba Sundek of North Carolina, (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): Pool Replaster
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
quality, accuracy and timely completion and submission of all work related to the
Basic Services.
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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, or addenda.
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
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a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): Sportsplex Pool Replaster- Provide all labor and
materials to prepare the pool, Ecofinish Aqua Bright pool system, clean and regrout swim
lane tiles, mastic in between waterline tile and coping.
4. Duration of Services
a. Term. The term of this Agreement shall be from July 1, 2026 to September 15, 2026.
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 August 13,
2026.
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 Seventy-Four Thousand, Four Hundred Fifty-
Three Dollars ($74,453.00). 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
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.
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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 NA(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
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
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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. There are no third-party beneficiaries of this Agreement and
nothing in this Agreement, express or implied, is intended to confer on any person other
than the parties hereto (and their respective successors, heirs and permitted assigns), any
rights, remedies, or obligations.
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,
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
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and federal non-discrimination laws, policies, rules, and regulations and the Orange
County Non-Discrimination Policy and Orange County Living Wage Policy(each Orange
County policy is incorporated herein by reference and may be viewed at
http://www.oran eg countync. ov�/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.
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
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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 Sundek of North Carolina
P.O. Box 8181 2717 Leighton Ridge Drive
Hillsborough,NC 27278 Wake Forest,NC 27587
[SIGNATURE PAGE TO FOLLOW]
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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: By:
Travis Myren, County Manager
Brandon Horak, VP, GM
Printed Name and Title
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ORANGE COUNTY-INTERNAL USE ONLY
Finance Information
Vendor Name: Decorative Concrete Coatings of N.C.Inc. dba Sundek of North Carolina Vendor Contact Person:
Brandon Horak(brandon.horakgsundeknc.com) Phone: 919.670.1550 Address:2717 Leighton Ridge Drive City
Wake Forest State:NC Zip: 27587 Department:AMS/Sportsplex Amount: 74,453.00 Purpose: Sportsplex
Continuation of Pool Replastering Budget Code(s): 54540030-880000-36006 Vendor#68447
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 07/01/2026 End Date 09/15/2026 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: 3 60 0 6)
Bidding
❑ Informal Bidding($30k-$90k); ❑ Formal RFP($90k+); ❑ Other(<$30k); ®Exception(#Sole-
Source
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.
❑ This agreement is approved as to technical form and content. 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:
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Office of the Clerk to the Board Date:
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To: Finance - Purchasing
From: Angel Barnes, Capital Projects Manager, Asset Management Services
Date: March 28, 2026
Subject: Sole Source Justification for Orange County Sportsplex Pool Replastering
Vendor: Decorative Concrete Coatings of N.C. Inc. dba Sundek of North Carolina
ESTIMATED COST: $74,453.00
1. Scope of Work
The requested project involves continuing the replastering and resurfacing of the
Olympic-sized pool and the surrounding deck area at the Orange County Sportsplex.
2. Statutory Authority
This request is made under the exceptions to competitive bidding as recognized
by North Carolina General Statute 143-129, specifically regarding the purchase of
apparatus, supplies, materials, or equipment where performance or price competition is
not available, or where standardization is the overriding consideration.
3. Justification for Sole Source
Sundek of North Carolina is the uniquely qualified provider for this project based on the
following factors:
• Standardization and Compatibility: The existing facility currently utilizes the
EcoFinish Aqua Bright Pool System. To ensure chemical bonding, color
matching, and structural integrity, it is critical to use the same proprietary
materials. Mixing systems from different manufacturers would lead to
delamination and coating failure.
• Technical Features: The Sundek systems offer unique, high-performance
attributes essential for this facility, including:
o Slip-Resistance: Specialized non-slip additives specifically engineered for
high-traffic aquatic environments.
o Heat Reduction: Proprietary cooling properties that keep the surface
significantly cooler than standard concrete or plaster.
• Warranty Maintenance: Sundek of North Carolina has completed the last two
projects, and by adding other plaster products, may void or interfere with existing
warranties.
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4. Market Research
Orange County has previously solicited bids for the replastering and resurfacing of the
Sportsplex pools on two occasions. Sundek emerged as the best option for quality,
durability, and price. By continuing this work with Sundek, we will ensure that the
chemical composition of the new areas remains compatible with the existing surfaces,
preventing any adverse interactions.
5. Impact of Non-Approval
Failure to approve this sole source request would result in:
• Use of incompatible materials, leading to premature surface failure and
increased long-term maintenance costs.
• Loss of manufacturer warranty protection to previously completed replastering.
• Increased safety risks if non-equivalent slip-resistant surfaces are substituted.
6. Certification
I certify that the above information is true and correct to the best of my knowledge and
that this recommendation is made in the best interest of Orange County, North Carolina
free of any conflict of interest.
Signature: Date:
Angel Barnes, Capital Projects Manager