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3.6 3.6 SERVICES\Aqualogic—Glen Lake Aquatic Project—4-17-17 RESOLUTION AUTHORIZING ENGAGEMENT OF AQUALOGIC, INC. FOR DIVER ASSISTED SUCTION HARVESTING IN CONNECTION WITH GLEN LAKE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.: ,2017 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 305,2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS, Resolution No.: 288,2016, the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, the Town has received a proposal from Aqualogic, Inc. for an Aquatic Vegetation Management Program for Glen Lake in 2017 for an amount of$975 per day, plus a one- time set up fee of$200, not to exceed a total of$14,825, such Program to consist of Diver Assisted Suction Harvesting(D.A.S.H.)to control invasive aquatic species within portions of Glen Lake, and WHEREAS, a copy of Aqualogic, Inc.'s proposed Contract for Services is presented at this meeting, and WHEREAS, by Resolution No.: 298, 2016, the Town Board authorized engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Lake Sunnyside in 2016, and WHEREAS, in Chapter 3(C)(2)(0 of the Town Purchasing Procedures,upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors, and WHEREAS, the Town Board therefore wishes to authorize engagement of Aqualogic for an Aquatic Vegetation Management Program for Glen Lake in 2017, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2)written quotes, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Glen Lake in 2017 for an amount of$975 per day, plus a one-time set up fee of$200, not to exceed a total of$14,825, in accordance with Aqualogic, Inc.'s " Contract for Services substantially in the form presented at this meeting, such Program to consist of Diver Assisted Suction Harvesting (D.A.S.H.) to control invasive aquatic species within portions of Glen Lake, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051-8790- 4400 not to exceed $14,825 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Contract for Services and any needed documentation and the Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 17ffi day of April, 2017,by the following vote: AYES NOES ABSENT: AOJllALOG �'C u1Ett G"cu1 :.OVid IS MANAGEMtNI Contract for Services THIS Contract between Aqualogic Inc., Milfoil Contractor, of Gilford, NH 03249 (referred to as "Aqualogic" from here) and the Town of Queensbury., NY 12801 (referred to as "Queensbury" from here)for 2017. 1) Services:Queensbury shall have the sole authority to dictate direction of the work covered by this Contract,that is to be completed by Aqualogic. Services will consist of Aqualogic's "Diver/DASH day"as defined below: Diver/DASH Day Description of DASH day: • Each workday includes up to 2 hours of preparation, area survey and clean up,and 6 hours of total dive time.Tenders record when the diver enters and exits the water. Team Information Number of Divers 2 Number of Surface Support Personnel 1 Other Staff 0 Personnel Info: • The work crew consists of 3 on-site personnel.Two members (safety diver and tender) are on the DASH vessel during operation with one member(head diver) in the water. • Personnel Certifications—Divers are Open Water and Weed Control Certified.All team members are CPR/AED/First Aid trained and certified per OSHA regulations.Aqualogic is approved by the DEC and meets all local and federal regulations. 2) Diver/DASH Day Rate: Queensbury shall pay the Aqualogic for its services a fee of Nine Hundred and Seventy Five dollars($975.00) per day with a one-time set up fee of Two Hundred Dollars ($200.00) payable within thirty(30)days of Queensbury receiving of Aqualogic's invoice. 3) Free Survey:Aqualogic shall provide Queensbury with a preseason survey at NO Cost. 4) Contract Period:Work shall commence on or after April 15th 2017 and finish before Nov.30th 2017.The Town of Queensbury may extend the term of this contract at the rate above based on the availability of Aqualogic Divers. 5) In case of inclement weather or equipment failure, Queensbury will only be charged for days worked. 6) Payment cycle:Queensbury shall pay the Aqualogic according to the following schedule of payment,the total contract amount of which shall not exceed$14,825.00. 7) Aqualogic shall submit invoices to Queensbury on a monthly basis,calculated in half day,full day increments. Invoices shall include harvest reports for each day worked and a harvest map for Contract for Services AQUA , GIC INTELLIGENT AQUATIC MANAGEMENT the week. Payment shall be made within thirty(30)days of acceptance of a complete invoice. Harvest reports shall comply with the terms of conditions of the DEC permit. 8) Down Payment: Queensbury shall pay Aqualogic$2000.00 prior to commencement of work. This payment will be deducted from the first invoice. 9) Aqua logic(including agents and employees)is not an employee of Queensbury and is not entitled to any benefits or other payments associated with an employer-employee relationship.Aqualogic is solely responsible for worker's compensation insurance and other insurances that apply to performance under this contract. Aqualogic is responsible for any and all licenses and permits required under state or federal law for any operations carried out under this contract. 10) This contract may not be assigned. 11) This contract shall be governed by the laws of the State of New York and federal law and regulations.Aqua logic follows all Commercial Diving regulations as defined by OSHA 1910 Subpart-T.The Head Diver is the designated person in charge (DPIC)and stays in communication with the safety diver during work operation. 12) This contract contains the entire understanding of the parties and may not be amended or changed except by written instrument signed by the parties. 13) Invoices:Aqualogic will submit invoices, harvest reports and harvest maps to Queensbury. Payment of invoices will be accomplished upon of presentation of invoices according to the schedule above. 14) Add-on services are available on a per diem basis including lake survey$800.00/Day; additional diver$300.00/day; additional tender$200.00/day. 15) Aqualogic extends to Queensbury the option to contract Aqualogic as their sole milfoil contractor for the 2018,2019,and 2020 seasons with a 4%cap on annual rate increases provided that said additional contract is signed prior to Oct. 1,2017. CONTRACTOR:Aqualogic, Inc. CLIENT:Town of Queensbury Date: Date: Name: John Jude Name: Title: Owner Title: I have authority to bind the Company. Duly Authorized Contract for Services AOut 0GIC: :N IEtllGEN: AQUAIIC HANAGEIENI' RELEASE AND INDEMNIFICATION AGREEMENT Agreement made between Aqualogic Inc.,Milfoil Contractor,Gilford NH (referred to as"Indemnitor"from here) and the Town of Queensbury,Queensbury NY(referred to as"Indemnitee"from here)for 2017. In consideration of the execution of Agreement(the Contract for Services of near or even date)between theTown of Queensbury, Queensbury NY and Aqualogic Inc., Gilford NH regarding the providing of services to Glen Lake, Queensbury NY and other good and valuable consideration, receipt of which is acknowledged,it is hereby agreed: 1. Indemnitor and its employees, agents and subcontractors, hereby releases indemnitee from any and all damages, personal or property,that indemnitor and its employees,agents and subcontractors, may suffer as a result of or arising from Indemnitors and its employees,agents and subcontractor's activities under the agreement. Indemnitor and its employees, agents and subcontractors agrees to indemnify and hold harmless indemnitee from any and all claims, demands, liabilities, losses,judgements, damages, or costs (including reasonable attorney's fees and expenses) that Indemnitee may suffer as a result of or arising from Indemnitors and its employees,agents and subcontractors activities under the agreement including, but not limited to the following activities of Indemnitor and its employees,agents and subcontractors. Services to be Provided: Removal of Eurasian Water Milfoil from Glen Lake, Queensbury NY. Method will be hand pulling and/or suction harvesting of the plants by divers. 2. In the event any action should be filled with respect to the subject of indemnity herein,indemnitor and its employees,agents and subcontractors agrees that indemnitee may employ an attorney(s)of Indemnitee's own election to appear and defend the action. 3. Indemnitee agrees to notify Indemnitor in writing within sixty(60)days after discovery of any claims made against Indemnitee on the obligations herein indemnified against. 4. The agreement and Indemnity shall be jointly and severally binding upon the Indemnitor and its employees, agents and subcontractors,its successors,administrators, personal representatives, legal representatives, successors and assigns and shall insure to the benefit of and be available to the Indemnitee. 5. This agreement and the indemnity shall be effective as the effective date of the Indemnitee's execution of said Indemnification agreement. 6. This agreement and the indemnity shall be governed by the laws of the State of New York,and any action hereunder shall be had in the County of Warren,State of New York. CONTRACTOR:Aqualogic,Inc. CLIENT:Town of Queensbury Date: Date: Name: John Jude Name: Title:Owner Title: I have authority to bind the Company. Duly Authorized Contract for Services TE A ORD CERTIFICATE OF LIABILITY INSURANCE DAT/9/20D16) 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 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 CONTACT Jessica Hildreth, ACSR NAME: CROSS INSURANCE - LACONIA PHONE Est Km529-2425 Iwc Not:(603)524-3666 155 Court Street E-MAIL ADDRESS:jhildreth@crossagency.com com INSURER(S)AFFORDING COVERAGE NAIC A Laconia NH 03246INSURERAEsseX Ins Co 39020 INSURED INSURER BEartford Underwriters Ins. Aqualogic, Inc. INSURER C: 120 Hoyt Road INSURERD: INSURER E: Gilford NH 03249 INSURERF: COVERAGES CERTIFICATE NUMBER CL1641969970 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 ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE !NSD WVO POLICY NUMBER (MMIDDNYYY) (MM/DDTYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 5,000,000 DAMA ETO RENTED S 50,000 A CLAIMS-MADEoccurrence)X OCCUR PREMISES(Ea occurrence) 90)4785-0 10/15/2015 10/15/2016 MED EXP(My one person) S excluded PERSONAL BADV INJURY S 5,000,000 GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 5,000,000 POLICY X PRO- JECT LOC PRODUCTS-COMPNPAGG S 5,000,000 OTHER' Hired and Non-Owned Auto S 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea accident) A ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS 9W4785-0 10/15/2015 10/15/2016 BODILY INJURY(Per accident) $ NON-OWNED PROPERTYDAMAGE HIRED AUTOS AUTOS (Per accident)n S UMBRELLA DAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTIONS $ WORKERS COMPENSATION X I PER 0TH- ANDEMPLOYERS'LABILITY YIN STATUTE ER ANY PROPRIETORIPARTNER/S(ECUTIVEE.L.EACH ACCIDENT $ 500,000 OFFICEW14EMBER EXCLUDED! Y NIA B (Mandatory in NH) 6s6OUB-9F49811-3-16 2/24/2016 10/16/2016 E.L.DISEASE-EA EMPLOYEE S 500,000 N yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT 5 500,000 A Protection & Indemnity 9C04785-0 10/15/2015 10/15/2016 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space Is required) Where required by written conract, the Town of Queensbury is listed as additional insured for ongoing operations with respect to liability arising out of work performed by or on behalf of Aqualogic, Inc. John Jude, Domenic Jude, and Wayne Kreiensieck are exluded from Workers Compensation coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Queensbury THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 742 Bay Road ACCORDANCE WITH THE POLICY PROVISIONS. Queensbury, NY 12804 AUTHORIZED REPRESENTATIVE J Hildreth, ACSR/JH5 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD IN 5025 rant eat