HomeMy WebLinkAbout2016-728-E Planning - NC DEQ Lake Orange Hydrilla studyRevised 1/16
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[Departmental Use Only]
TITLE Lake Orange Hydrilla Mgt
FY 2017
ORANGE COUNTY
CONTRACT UNDER $15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this First day of July, 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 North Carolina Department of Environmental Quality, Division of
Water Resources Aquatic Weed Control Program (the "Provider"), party of the second part;
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 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: Stock Lake Orange with 280 sterile grass carp and perform a hydrilla
survey of the Lake. Apply water-borne herbicide targeting hydrilla in a portion of Compton's Pond (a
sediment capturing pond upstream of Lake Orange) and perform a survey of the hydrilla infestation in
Compton's Pond. Details of the proposed cost and scope are included in the attached proposal letter,
incorporated herein by reference.
The term of this agreement rendered shall be from July 1, 2016 to June 30, 2017.
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 Three
thousand, six hundred dollars, ($3,600). 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
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.
DocuSign Envelope ID: C45DFA6C-92F3-4B39-B706-86E6F192C696
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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 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. Indemnity: 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 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. 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 11A 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. 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 and 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 and non-appropriation of public funds.
DocuSign Envelope ID: C45DFA6C-92F3-4B39-B706-86E6F192C696
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[SIGNATURE PAGE TO FOLLOW]
DocuSign Envelope ID: C45DFA6C-92F3-4B39-B706-86E6F192C696
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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
By: _________________________ By: _________________________
County Manager Title: ________________________
200 S. Cameron St. NCDEQ Division of Water Resources
P.O. Box 8181 1611 Mail Service Center
Hillsborough, NC 27278 Raleigh, NC 27699-1611
DocuSign Envelope ID: C45DFA6C-92F3-4B39-B706-86E6F192C696
State of North Carolina | Environmental Quality | Water Resources
1611 Mail service Center | Raleigh, North Carolina 27699-1611
919 707 9000
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
April 26, 2016
Kevin Lindley
Staff Engineer
Orange County Planning and Inspections
PO Box 8181
Hillsborough, NC 27278
RE: Aquatic Weed Control Program- Proposal for 2016
Mr. Lindley,
Since 2015 Orange County and the Division of Water Resources’ Aquatic Weed Control
Program (AWCP) have worked together to control Hydrilla in Lake Orange. This letter provides
recommendations and the costs associated with the various actions described.
In the autumn of 1994, personnel from the AWCP performed a site assessment and found
that Lake Orange was severely infested with Hydrilla (Hydrilla verticillata), a particularly
noxious aquatic weed. In 1994 and 1998 the AWCP stocked triploid grass carp and performed
herbicide applications to control the growth of Hydrilla in the lake. Hydrilla was thought to be
extirpated from the system but in 2009 a resident of the lake reported a sighting of the plant to
the AWCP. A site assessment conducted that same year confirmed that it was Hydrilla.
Subsequent surveys have found Hydrilla is still present in the system. A survey in 2015 found an
estimated 15 acres of Hydrilla, a significant increase from the 2 acres in 2014. The AWCP staff
has much experience managing Hydrilla in reservoirs throughout North Carolina. The two
methods which are most effective for managing Hydrilla are the use of herbicide(s) and stocking
grass carp. The AWCP is recommending stocking grass carp this year as a response to the
increased acreage observed from 2014 to 2015.
In the summer of 2015 the AWCP, responding to a complaint from a resident, performed
a site assessment on Compton’s Pond and found the pond is severely infested with Hydrilla. The
AWCP is recommending spot treatments with herbicide during the Summer and a Fall survey to
determine acreage of Hydrilla which will guide future management decisions.
A table has been prepared which outlines the weed control activities proposed for this
year. A permit will be required to stock the grass carp in Lake Orange; the AWCP has already
submitted the application to the Wildlife Resource Commission.
DocuSign Envelope ID: C45DFA6C-92F3-4B39-B706-86E6F192C696
Proposed Hydrilla Control for 2016
Project Site Noxious
Weed Service Estimated
Cost
Lake Orange Hydrilla Grass Carp stocking
(280 triploid fish) $4,200
Lake Orange Hydrilla Fall Survey $1,000
Compton’s Pond Hydrilla Herbicide applications $1,500
Compton’s Pond Hydrilla Fall Survey $500
Total $7,200
By accepting this proposal Orange County agrees to a 50/50 cost-share
arrangement with the State of North Carolina. As the local cooperators
you will be invoiced by DWR at the end of the season for 50% of the costs
associated with providing this service. The County should budget $3,600
for these projects in 2016.
Please reply to this letter if Orange County would like for the Aquatic Weed
Control Program to proceed with these activities and agrees to the cost-share arrangement
presented in this proposal.
These activities have been included on the 2016 work-plan for the Aquatic Weed
Control Program. The work-plan has been approved by the NC Aquatic Weed Control
Council. If you have any questions, please contact me at 919-707-9012 or by e-mail at
rob.emens@ncdenr.gov.
Sincerely,
Rob Emens, Manager
NC Aquatic Weed Control Program
DocuSign Envelope ID: C45DFA6C-92F3-4B39-B706-86E6F192C696