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HomeMy WebLinkAbout2019-737-E Planning - NCDEQ hydrilla control DocuSign Envelope ID:5COB7860-9C32-47EC-829F-BCA5B8OE52B3 [Departmental Use Only] TITLE HydrillaMgmt2019 FY 19-20 ORANGE COUNTY CONTRACT UNDER$5,000.00 (DEQ) NORTH CAROLINA THIS AGREEMENT, made and entered into this 14th day of October, 2019, ("Effective Date")by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources Aquatic Weed Control Program (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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Hydrilla control on Lake Orange, Sediment Control Structure No. 1, Sediment Control Structure No. 2, and Sediment Control Structure No. 3. See Attachment A for detailed scope and costs of the proposed Services. The term of this agreement rendered shall be from October 14,2019 to December 31,2019. 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 SEVEN HUNDRED FIFTY DOLLARS, ($3,750.00. NOTE: this amount represents 50%of the total costs for the proposed work based on an agreed upon 50150 cost share between the County and the Provider). 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. Revised 12/18//DEQ 7/19 1 DocuSign Envelope ID:5COB7860-9C32-47EC-829F-BCA5B80E52B3 4. Insurance: To the extent allowed by law, 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. Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemni : To the extent allowed by law, the Provider agrees, without further 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. 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be 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.oran eg cozen. nc. og v/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. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 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. 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 and not appropriated for the performance of County's Revised 12/18//DEQ 7/19 2 DocuSign Envelope ID:5COB7860-9C32-47EC-829F-BCA5B8OE52B3 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER /o-� sg..d by I 1 u s9 al ny...I 1.+4 bulu- T N1R1�aFlYla� By: By: EfElN919EO�i{�q Department Director Title: 200 S. Cameron St. Tommy Kirby, Purchasing Director P.O. Box 8181 NCDEQ Division of Financial Services Hillsborough,NC 27278 1606 Mail Service Center,Raleigh,NC 27699-1606 Revised 12/18//DEQ 7/19 3 DocuSign Envelope ID:5COB7860-9C32-47EC-829F-BCA5B8OE52B3 STATE �'` Attachment A ROY COOPER Si ' = a Governor MICHAEL S.REGAN � Secretary LINDA CULPEPPER NORTH CAROLINA Director Environmental Quality April 2, 2019 Christopher Sandt Engineer Orange County Planning and Inspections 131 W. Margaret Lane (P.O. Box 8181) Hillsborough,NC 27278 RE: Aquatic Weed Control Program- Proposal for 2019 Mr. Sandt, The NC Aquatic Weed Control Program (AWCP) can continue to provide assistance to Orange County for Hydrilla management in Lake Orange and Sediment Structures 1 and 2 upstream of the lake. This letter provides recommendations and the costs associated with the various actions described for treating Hydrilla during the 2019 growing season. History of the situation: 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 noxious aquatic weed recognized by the NC Department of Environmental Quality. 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 found Hydrilla was still present in the system. Surveys conducted in 2014, 2015, 2016 and 2017 have found—2 acres, —16 acres, —30 acres and—1 acre of Hydrilla respectively. The 2018 survey found no Hydrilla in the system. Based on these survey results the AWCP recommends not to treat with herbicide in 2019. However, continued monitoring will be extremely important to ensure Hydrilla does not rebound in the lake. The surveys in 2017 and 2018 of Sediment Structure #1 (Compton's Pond) found approximately 7 acres of Hydrilla. A survey of Sediment Structure #2 found no Hydrilla. Since this was the first year of treatment and there are no sterile grass carp in the system the AWCP recommends another year of treatment. There was a report of Hydrilla growing in Sediment Structure 3 in 2018. The AWCP recommends doing a site assessment this year to determine if it is in fact Hydrilla. This will occur early in the year so that a treatment program can begin this year, if necessary. The AWCP staff has much experience managing Hydrilla in reservoirs throughout North Carolina. The combination of two management methods is very effective at controlling Hydrilla. These methods are the use of herbicide(s) and stocking sterile grass carp. EQ�� North Carolina Department oFEnvironmental Quality I Division of Water Resources 4��4S12 North Salisbury Street 1 1611 Mail Service Center I Raleigh.North Carolina 2 769 9-161I hCRlti Cn�_itin �1 oepenmeMni Em,iranmeneiw�� 919.7p7.9pflp DocuSign Envelope ID:5COB7860-9C32-47EC-829F-BCA5B8OE52B3 The following provides a table with the estimated costs for each service provided. A permit will be required to stock the grass carp in Compton's Pond; the AWCP has already submitted the application to the Wildlife Resource Commission and it has been approved. Proposed Hydrilla Control for 2019 Noxious Estimated Project Site Weed Service Cost Lake Orange Hydrilla Fall Survey $1,000 Sediment Structure 1 Grass Carp stocking (Compton's Pond) Hydrilla (30 triploid fish) $500 Sediment Structure 1 Hydrilla Herbicide applications $2,200 (Compton's Pond) (1 acre) Sediment Structure 1 Hydrilla Fall Survey $400 (Compton's Pond) 1 Sediment Structure 2 Hydrilla Herbicide applications $1,800 (6 acres) Sediment Structure 2 Hydrilla Fall Survey $200 Sediment Structure 3 Hydrilla Site assessment $200 Sediment Structure 3 Hydrilla Herbicide applications $1,200 &Fall Survey Total $7,500 By accepting this proposal Orange County agrees to a 50/50 cost-share arrangement with the State of North Carolina. As the local cooperator the County 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 $3,750 for these projects in 2019. 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 2019 work-plan for the Aquatic Weed Control Program that has been approved by the NC Aquatic Weed Control Council. If you have any questions, please contact Rob Emens at rob.emens&ncdenr.gov or(919) 707-9012, or Drew Gay at andrew.gay(cr�,ncdenr.gov or(919) 707-9020. Sincerely, �a� Rob Emens, Manager NC Aquatic Weed Control Program DocuSign Envelope ID:5COB7860-9C32-47EC-829F-BCA5B8OE52B3 RISK MANAGEMENT OSFMTel 919.647.0000 Fax 919.715.0067 MIKE CAUSEY,INSURANCE COMMISSIONER&STATE FIRE MARSHAL NC DEPARTMENT OF BRIAN TAYLOR,CHIEF STATE FIRE MARSHAL INSURANCE CERTIFICATE OF COVERAGE Certificate Holder: Orange County 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 Insurer: State of North Carolina Authorization: Public Officers & Employee Liability Insurance Commission of North Carolina and the General Statutes of North Carolina, Chapter 143, Articles 31 to 31 D, Sections §143-291 to §143-300. Period: October 1, 2019 until October 1, 2020 Coverage: A) Tort Claims against Departments, Agencies, and Employees B) Excess Liability for State Employees BRIT Global Specialty USA - Policy# PK1035818 C) Workers' Compensation Limits A) $1,000,000 for Tort claims against the State B) $2,000,000 per employee/$10,000,000 aggregate for claims against state employees C) Statutory Limits for Workers' Compensation Description: North Carolina Department of Environmental Quality and its employees, officers, agents, as covered by the Defense of State Employees as per NCGS § 143 300.2. Administrator: Department Insurance - Risk Management Division Public Officers & Employees Liability Insurance Commission 1202 Mail Service Center, Raleigh, NC 27699-1202 Note: This Certificate is for informational purposes only and does not alter any provision of the Tort Claims or Defense of State Employees General Statutes of the State. Verified By: Margie Boyd Risk Manager NC Department of Environmental Quality— Orange County OFFICE OF STATE FIRE MARSHAL 1202 MAIL SERVICE CENTER I RALEIGH, NC 27699-1202 1 WWW.NCDOI.COM/OSFM DocuSign Envelope ID:5COB7860-9C32-47EC-829F-BCA5B8OE52B3 MAST002 OP ID: BA ACORO® F DATE(MM/DD/YYYY) `16*�� CERTIFICATE OF LIABILITY INSURANCE 06/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 919-828-4371 CONTACT Barbra Abrahams NC Assoc. of Ins.Agents, Inc. PHONE 919-828-4371 FAX 919-821-3172 P. O. Box 1165 (MC, No Ext: A/C No): Cary, NC 27512 E-MAIL .babrahams@iianc.com Barbra M.Abrahams INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Property&Casualty INSURED State of North Carolina INSURERB: Attn: Margie Boyd/NC DOI 1202 Mail Service Center INSURERC: Raleigh, NC 27699-1202 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLICY EXPLTR MCI!)- (MM/DD80000 LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ MOTHER: L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $POLICY jE LOC PRODUCTS-COMP/OP AGG $ $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X ANYAUTO TRJCAP104T6800TIL 07/01/2019 07/01/2020 BODILY INJURY Perperson) $ 1,000,000 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED OS ONLY AUUTOS ONLY Per OaccltlenDAMAGE $ INCL ABOVE BI/PD PER ACC $ 10,000,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PERTUTE OTH- AND EMPLOYERS'LIABILITY Y/N R ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A HIRED PHYSICAL TRJCAP449J9525TIL 07/01/2019 07/01/2020 DAMAGE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Hired Physical Damage Limits: ACV, cost of repair or$40,000 ($60,000 if GVW exceeds 10,000 Ibs.),whichever is less. Comp/ Collision coverage only applies for 30 days from the date the rental contract becomes valid. If the value of the vehicle is higher than the Hired Physical Damage Limits and/or days of rental >30 days than the vehicle must be scheduled in the Auto Web. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE NC Dept of Insurance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Margie Boyd 1202 Mail Service Center Raleigh, NC 27699-1202 AUTHORIZED REPRESENTATIVE &AbrO- ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:5COB7860-9C32-47EC-829F-BCA5B8OE52B3 From: Alisa Cornetto To: Craia Benedict Cc: Christopher Sandt; Elaina Cheek;James Bryan Subject: Re: [External]RE: Pollution policy waiver-Lake Orange Hydrilla Treatment Date: Friday,September 27,2019 5:04:22 PM Attachments: imaae001.ona I am fine with that as well. Thanks Alisa Sent from my iPhone On Sep 27, 2019, at 3:16 PM, Craig Benedict<cbenedict&orangecoun ,nc.gov>wrote: Alisa, The NCDEQ DOI cannot name Orange County as additional insured on their COI because of the Tort Claims Act, but NCDEQ has produced a COI that will be incorporated into this contract., specific to this 2019 Hydrilla treatment contract with NCDEQ. Therefore in the interest of accomplishing some work that has been conducted for years, we believe we can continue with the state work and their insurance. We will do another 2020 contract next year and accomplish the Hydrilla treatment . Thankyou P.S. We will also communicate to Commissioner Price that we will be able to move forward with facets of the water treatment program and that legislative involvement is not warranted at this time. Regards, Orange County Planning and Inspections Director 131 West Margaret Lane. Suite 201 PO Box 8181 Hillsborough, NC 27278 919-245-2585 DocuSign Envelope ID:5COB7860-9C32-47EC-829F-BCA5B8OE52B3 From: Craig Benedict To: Alisa Cornetto Cc: Christopher Sandt; Howard W. Fleming Subject: 2019 AWCP Work authoriazation. Date: Wednesday,August 14,2019 12:43:35 PM Alisa, It is Ok to waive the enviro/pollution coverage since DEQ has stated they have general liability coverage that they would use if necessary. ��� Orange County Planning and Inspections Director 131 West Margaret Lane. Suite 201 PO Box 8181 Hillsborough, NC 27278 919-245-2585