2023-657-E-AMS-Triangle Pond Management-BioRetention Pond Repairs critial work

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Revised 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