2.03 2.3
AMEND\Amend i i i of 17-Glen Lake Aquatic Vegetation—Aqualogic—10 Additional Days&$-7-17-17
RESOLUTION AMENDING RESOLUTION NO.: 111,2017 REGARDING
ENGAGEMENT OF AQUALOGIC, INC. RELATING TO GLEN LAKE
AQUATIC PLANT GROWTH CONTROL DISTRICT
RESOLUTION NO.: ,2017
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 111,2017 the Queensbury Town Board authorized
engagement of Aqualogic, Inc., for an Aquatic Vegetation Management Program for the Glen Lake
Aquatic Plant Growth Control District 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, the Glen Lake Association has presented the Town Board with a revised
Contract for Services from Aqualogic, Inc., providing for an additional 10 days of harvesting during
2017, resulting in a total cost not to exceed a total of$24,575, and
WHEREAS, the Town Board wishes to authorize such 10 additional days of harvesting
services and increase in total amount of the Contract in accordance with the revised Contract for
Services from Aqualogic, Inc., presented at this meeting, and amend Resolution No.: 111,2017
accordingly,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 111,2017
and authorizes engagement of Aqualogic, Inc., for an Aquatic Vegetation Management Program for
the Glen Lake Aquatic Plant Growth Control District in 2017 for an amount of$975 per day, for up to
25 days, plus a one-time set up fee of$200, not to exceed a total of$24,575, such Program to consist
of Diver Assisted Suction Harvesting (D.A.S.H.) to control invasive aquatic species within portions of
Glen Lake as set forth in Aqualogic, Inc.'s "Contract for Services" substantially in the form presented
at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 111,2017 in all
other respects.
Duly adopted this 17ffi day of July, 2017,by the following vote:
AYES
NOES
ABSENT:
AUL ALOGit
i NTELLGiLI .Q'JATtC MAN/.GEMENT
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 for up to 25 days with a one-time set up fee of Two
Hundred Dollars ($200.00) payable within thirty(30) days of Queensbury receiving of
Aqua logic'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$24,575.00.
Contract for Services
AQUALOGIC.
SNI ELI.OENI %oV;n IC MAN:.c EMhNI
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
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) Aqualogic(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.Aqualogic 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: July , 2017
Name: John Jude Name: John F. Strough
Title: Owner Title: Town Supervisor
I have authority to bind the Company. Duly Authorized
Contract for Services
•
AQUAL.OGIC
n,E,PGen': AQJAnc nAunG:n=ni
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: July , 2017
Name: John JudeName: John F. Strough
Title:Owner Title: Town Supervisor
I have authority to bind the Company. Duly Authorized
Contract for Services
RESOLUTION AUTHORIZING ENGAGEMENT OF
AQUALOGIC, INC. FOR DIVER ASSISTED SUCTION HARVESTING
IN CONNECTION WITH GLEN LAKE AQUATIC VEGETATION
MANAGEMENT PROGRAM
RESOLUTION NO.: 111,2017
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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 IV(3)(C)(2)(f) 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 in connection with the project being undertaken or continued or a substantially
similar 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 as may
be applicable, and
WHEREAS,this contract is authorized by Town Law §198(10)(e),
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 17th day of April,2017, by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer
NOES : None
ABSENT: None