HomeMy WebLinkAbout2016-221-E DEAPR - SePRO Corp. - participate in 2nd year of Eno River Hydrilla Mgmt. Task Force Pilot Study DocuSign Envelope ID: CCD5A630-F3A4-4984-86E5-2F9BFE4A9469
[Departmental Use Only]
TITLE Eno River Hydrilla Study
FY 2015-16 and 2016-17
ORANGE COUNTY
CONTRACT UNDER$15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 1st day of March, 2016, ("Effective Date") by
and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the
"County"), party of the first part; and SePRO Corporation of Carmel, Indiana (the "Provider"), party 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 (hereinafter referred to collectively as "Services") to be furnished
under this Agreement are as follows: The second year of a two-year pilot study conducted by the Eno River
Hydrilla Management Task Force to manage the spread of an aquatic weed (hydrilla) in the Eno River. The
project is described in the attached "Technical Modifications Summary and Cost Quote for 2016 Project
Support", dated February 22, 2016. The total estimated project cost is $56,399 which is to apportioned
equally amongst seven project partners: Orange County, Durham County, Town of Hillsborough, City of
Durham, City of Raleigh,NC Division of Parks and Recreation and the NC Wildlife Resources Commission.
The County's share($8,057) is to be paid in two installments: $4,500 in FY 2015-16 and $3,557 in FY 2016-
17.
The term of this agreement rendered shall be from April 1, 2016 to October 20, 2016.
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 Eight
Thousand and Fifty-Seven Dollars, ($8,057.00). 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. hidewndent Contrwor: 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
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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. [nsuranre: 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
(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. llldellmity: The Provider agrees 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, its agents, or assigns directly or indirectly related to the Services to be performed
pursuant to this Agreement on the part of the Provider.
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 the Provider.
7. Entire A�trcenient and Signatin-es: 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. This
Agreement together with any amendments or modifications may be executed electronically. All electronic
signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of
North Carolina General Statute Chapter 66.
8. Priority: In determining the basic services to be provided, should any documents be
referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict
between the terms of referenced documents and the terms of this Agreement.
9. Governing, Law: Both parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. 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 anti-discrimination laws. By executing
this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64
of the North Carolina General Statutes.
10. 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.
11. Noll 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
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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.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of
the day first written above.
ORANGE COUNTY PROVIDER
DocuSigned by:
By: &6VGVLic, RMM By:
County age_f4B755E477... Title:
200 S. Cameron St. Tyler J. Koschnick,VP-Sales and Research
P.O. Box 8181 SePRO Corporation
Hillsborough,NC 27278 11550 N. Meridian St.,#600, Carmel, IN 46032
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 10, 2015
Action Agenda
Item No. 6
SUBJECT: Eno River Hydrilla Management Pilot Study Update
DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y/N) No
Parks and Recreation
(DEAPR)
ATTACHMENTS: INFORMATION CONTACTS:
A. Hydrilla Verticillata and Eno David Stancil, 245-2510
Infestation Photographs Thomas Davis, 245-2510
B. Photograph of Eno Hydrilla
Management Task Force Open
House
C. Example of Hydrilla Public Outreach
Flyer
D. Eno River at Pleasant Green Road,
August 2012 and August 2015
PURPOSE: To receive an update on the first year of a two-year pilot study examining the
management of hydrilla in the Eno River.
BACKGROUND: Hydrilla (Hydrilla verticillata) is an invasive aquatic plant native to Asia that
was first noted in the United States in the 1960s (Attachment A). Since then, hydrilla has
spread rapidly in the U.S., reaching nuisance levels in many locations. Hydrilla has been called
"the perfect aquatic plant" because it spreads rapidly, is able to reproduce in four different ways,
grows in extremely low light, and is able to crowd out native aquatic vegetation.
For many years hydrilla has been present in portions of the Eno watershed, including Lake
Orange, Corporation Lake, and the West Fork of the Eno Reservoir. More recently, Eno River
State Park staff noted that hydrilla is their "number one resource management problem in the
Eno". Hydrilla causes negative water quality impacts, can be harmful to the river ecosystem,
and adversely impacts the recreational experiences of people visiting the State Park and
elsewhere. Hydrilla can be spread from one water body to another via watercraft or waterfowl.
The plant can also be spread by people discarding aquarium materials into waterways.
In 2011 the Eno River Hydrilla Management Task Force, comprised of local governments and
state agencies, including the Aquatic Weed Program of the NC Division of Water Resources,
began planning to address the hydrilla infestation in the Eno River. The Task Force agreed to
conduct a two-year pilot study to examine the effectiveness of using a US Environmental
Protection Agency-approved herbicide to manage hydrilla in a portion of the river. In April 2015
the Task Force hosted a public information open house in Hillsborough concerning the pilot
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study (Attachment B). Details were provided on the problem, the results of an Environmental
Assessment for the proposed project, and the selection of a contractor to apply and monitor the
herbicide in the Eno. Additional public outreach efforts were conducted throughout the
watershed (Attachment C).
Pilot study herbicide treatments in the Eno River began in late May 2015. Low stream flows
over the summer aided in maintaining a consistent concentration of fluridone, the active
ingredient in the herbicide, throughout the treatment zone, from Lawrence Road east of
Hillsborough downstream to Roxboro Road in Durham. Monitoring of the concentration of
fluridone in various locations along the river occurred throughout the duration of the study.
Monitoring of native vegetation, snails, crayfish and fish above and within the treatment zone
was also conducted before and during the hydrilla treatment. Bleaching of hydrilla was
observed after just one week of herbicide treatments. Within four weeks, there was notable
reduction in the density of hydrilla in the treatment zone. Further herbicide treatment resulted in
dramatic differences in hydrilla density between the treatment area and the untreated area
upstream. Nearly-complete removal of visible hydrilla vegetation was reported at locations
within the area of treatment (Attachment D).
The Eno Hydrilla Management Task Force will continue to evaluate data from surveys of the
Eno River ecosystem both within and above the treatment zone. Native vegetation is
responding positively. It is anticipated that the results of the first year of the pilot study will be
overwhelmingly positive, and that the Task Force will proceed with the second year of
treatment. Over the winter months, the Task Force will consider using a lower concentration of
fluridone, starting the injection process earlier in the growing season, and adding a second
injection location in order to further minimize the apparent impact to native plants. Following
completion of the full two-year pilot study, the Task Force will begin to discuss long-term
objectives for the management of hydrilla throughout the Eno River watershed.
Lastly, the County recently completed a contract with the NC Division of Water Resources for
the addition of sterile grass carp to Lake Orange, which is infested with hydrilla. Grass carp are
routinely used to help control hydrilla in lakes and reservoirs.
FINANCIAL IMPACT: The total cost of this two-year pilot study is $150,000, with the NC
Division of Water Resources providing half of the funding. DEAPR has agreed to provide
$10,716 for the pilot study. Additional hydrilla management, especially if the treatment area is
increased, could require some level of financial commitment on the part of the County after the
pilot study concludes in FY2015-2016.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
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This two-year pilot study to manage hydrilla aims to increase access to the Eno River and Eno
River State Park for all.
RECOMMENDATION(S): The Manager recommends that the Board receive the information
presented and provide direction to staff as needed.
DocuSign Envelope ID: CCD5A630-F3A4-4984-86E5-2F9BFE4A9469
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Attachment A. • I and infestation • River,
summer 2015
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Hydrilla I I
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Attachment B. Eno Hydrilla Management Task Force public information open
house in Hillsborough, April 2015
Ta
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Attachment C. NC State Parks Hydrilla in the Eno trifold flyer, front and back
Cooperative How Can Partners R ! YDRILLA
YOU M
. . 01 �rIl in the
7-,
L Educate yourself and others on Hydrilla
' }�illslann`ugh
2.Report sightings of Hydrilla to Eno
PA
River State Park staff 1_.. - 0
3.Clean your boat and equipment "c=°
STEPS to clean your wuaa�,
boat and equipment
1.Remove,brush and wash any visible
mud,plants,other debris before Center for Aquatic&Invasive Plants
transporting. plants.ifas.ufl.edu/
2.Drain water from boat before
going into another water body. NCSU
3.Let boat/trailer/equipment completely www.weedscience.ncsu.edu/
dry out prior to using at another site. aquaticweeds/hydrilla.pdf
4.Check your canoe or kayak storage
areas,paddles and carry straps. NC Aquatic Weed Control Program
S.Check your fishing pole,gear and bait ncwater.org/?page=72
bucket for plants,mud or debris.
Beforeleavingandbeforelavmhing.,. Southeast Exotic Pest Plant Council
inspect everything! se-eppc.org/manual/HYVE.htmi
�L r� vwl i
Point of '
F Eno River State Park
/f 913383-1686 Pravrd.d Lyth.RC.owff—&Pams.nd R..r..don
W ." r. as ,. - Inc paranon with Nc.oivken o7 wsmr R.xnumes
eno.river6z�ncparks.AOv
Hydrilla Hydrilla Facts Current Infestation
•Even a small fragment of hydrilla can Hydrilla verticillata r i
grow into a new plant.
•Hydrilla is an invasive exotic species _
(native to Asia). Y �`°�""•'"""°""""
'Hydrilla is one of the worst aquatic
weeds in the United States.
It is illegal to transport hydrilla.
Most of the Hydrilla plant is
below the surface of the water.
Management Strategies
..
Key Characteristics to look for: Herbicide applications in summer.
•Leaflet Number:3-10 leaves per whorl
Effects of Hydrilla •Leaf Margin:Finely serrated Selected herbicides are:
•Leaf/Leaflet Shape:oblong •Approved by the EPA for aquatic sites.
•it has the potential to negatively +Leaf Length:1/3-1/2 inch •Pet safe/non-toxic to fish.
impact
p s< ?r a s s a , `Do not restrict recreational activity at
•Interferes with recreation(boating, r,: application rates.
fishing and swimming) - �
•Harmful to native aquatic communities >~ t r Hydrilla Is invading North Carolina and it
•Reduces water flow /. can overwhelm waterways after only a
•Loss of property values and tourism few growing seasons!•Harbors toxic cyanobacteria that leads E'
to bird deaths from AVM " — _ People play a critical role in preventing,
detecting and reporting new infestations.
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Attachment D. Eno River near Pleasant Green Road, August 2012 (top) and
August 2015 (bottom), illustrating the effect of fluridone treatment
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DocuSign Envelope ID: CCD5A630-F3A4-4984-86E5-2F9BFE4A9469
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
November 30, 2015
Mr. Tom Davis,Water Resources Coordinator
Orange County
306A Revere Rd.
Hillsborough,NC 27278
Re: Future State Funding for Aquatic Weed Control Projects
Dear Mr. Tom Davis;
As a unit of local government currently receiving financial assistance for aquatic weed management
through our cooperative funding program,this letter is intended as notification of a change in the funding
process for the Aquatic Weed Control Program(AWCP). Under G.S.143-215.73F [Shallow Draft
Navigation Channel Dredging and Lake Maintenance Fund]—Uses of Fund.; states the following:
"(2)For aquatic weed control projects in waters of the State located within lakes under Article
15 of Chapter I I 3 of the General Statutes. Funding for aquatic weed control projects is limited
to five hundred thousand dollars($500,000)in each fiscal year."
The above referenced statute limits the North Carolina Department of Environmental Quality—Division
of Water Resources' (DEQ-DWR)AWCP to only provide technical assistance and funding of projects
that are located within lakes. In the past,the AWCP funding was provided through the Water Resources
Development Projects with no limitations on aquatic weed control projects in the states surface waters.
This change in the use of funds for the AWCP may affect one or more of your projects, for which the
DWR has previously provided technical and financial assistance. We understand this operational change
may result in management issues with existing aquatic weed infestations within your jurisdiction that
previously qualified for technical and financial assistance. At this time, only projects located within lakes
will be eligible for the technical and financial assistance.
Thank you very much for your attention to this important matter. Please contact Linwood Peele at
ll nwood. ceIe(avncdenr.�oy or(919)707-9024, or Tom Fransen at toln.franseli(u ncdenr.�4ov or(919)707-
9015,if we can be of further assistance.
Sincerely,
Tom Fransen,Water Planning Section Chief
Division of Water Resources
State of North Carolina I Enviromnental Quality I Water Resources
1611 Mail Service Center I Raleigh,North Carolina 27699-1611
919 707 9000