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SERVICES\Solitude Lake Management—Glen Lake Aquatic District—Addendum—3-5-18
RESOLUTION AUTHORIZING CONTRACT ADDENDUM WITH
SOLITUDE LAKE MANAGEMENT REGARDING THE 2018 LAKE
MANAGEMENT AND AQUATIC VEGETATION INSTALLATION FOR
GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT
RESOLUTION NO.: ,2018
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 79,2018, the Queensbury Town Board authorized
engagement of Solitude Lake Management (Solitude) for the Aquatic Vegetation Management
Program for Glen Lake for the amount of $43,030 in accordance with Solitude's January 1, 2018
through December 31, 2018 Contract, and
WHEREAS, Solitude has presented the Town Board with a Contract Addendum dated
February 21, 2018 for additional services providing for Solitude collecting the riparian and downstream
address list for notification for an additional sum of$900, and
WHEREAS, the Town will continue to adhere to all New York State Law bidding
requirements as well as the terms and conditions of its Contract with Solitude dated January 1, 2018
through December 31, 2018, and
WHEREAS, the Town Board wishes to authorize such Addendum as presented at this
meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Contract Addendum
with Solitude Lake Management dated February 21, 2018 regarding Solitude's additional services
related to the Aquatic Vegetation Lake Management Program for Glen Lake for the additional amount
of$900, 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 in the additional amount of $900 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 Addendum substantially in the form presented at this meeting and/or any other needed
documentation and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to
take any and all action necessary to effectuate the terms of this Resolution.
Duly adopted this 5ffi day of March, 2018,by the following vote:
AYES
NOES
ABSENT:
SOLITUDE
w :R_
LAKE MANAGEMENT
CONTRACT ADDENDUM
PROPERTY NAME: Glen Lake
CONTRACT DATE: February 21, 2018
SUBMITTED TO: Glen Lake Protective Association and Town of Queensbury
SUBMITTED BY:Shane Edwards
SPECIFICATIONS: This addendum is to be noted as "Letters of notification". Please note that section
"f" of the original contract under "Client Responsibilities" has been updated.This document serves as
an addendum to the previously executed Lake Maintenance Contract. The price indicated in this
contract shall be billed in addition to the regular monthly invoice amount, and shall renew with the
same terms and for the same time period as the existing contract.
Permitting:
1. SOLitude staff will be responsible for the following:
a. Obtaining any NYSDEC Aquatic Pesticide and Freshwater Wetland permits as
needed to perform the work specified in this contract where applicable.
b. Filing of any notices or year-end reports with the appropriate agency as
required by any related permit.
c. Notifying the client of any restrictions or special conditions put on the site with
respect to any permit received, where applicable.
d. Printing and providing posters for riparian notification requirements
e. Collecting address list for letters of notification to all riparian owners and 22.98
miles downstream.
Client Responsibilities:
1. Client will be responsible for the following:
a. Providing information required for the permit application process upon
request.
b. Providing Certified Abutters List for abutter notification where required.
c. Perform any public filings or recordings with any agency or commission
associated with the permitting process, if required.
d. Compliance with any Order of Conditions or other special requirements or
conditions required by the local municipality.
e. Compliance and enforcement of temporary water-use restrictions where
applicable.
f. Sending out letters of notification to all riparian owners and 22.98 miles
downstream.
P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
Contract Addendum
Page 2 of 2
CONTRACT PRICE: $900.00
1) An invoice will be submitted upon receipt of this contract.
APPROVED:
SOLitude Lake Management®
Town of Queensbury
(Authorized Signature)
hn F 5treu' Qh, Tam Spervisor Mucci() ZO I o
(Print Name and Title) (Date)
Thef
Stewards
ofWater
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUOELAKEMANAGEMENT.COM
RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE
MANAGEMENT FOR 2018 LAKE MANAGEMENT CONTRACT
IN CONNECTION WITH GLEN LAKE AQUATIC PLANT
GROWTH CONTROL DISTRICT
RESOLUTION NO.: 79,2018
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs.Jennifer Switzer
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, by Resolution No.: 277,2017, the Town Board adopted the Glen Lake Aquatic
Plant Growth Control District Benefit Tax Roll, and
WHEREAS, by Resolution No.: 85,2017, the Town Board authorized engagement of
Solitude Lake Management for the Aquatic Vegetation Management Program for Glen Lake in
2017, which Program provided for Solitude Lake Management's herbicide treatment for control of
Eurasian water milfoil and Illinois pondweed within portions of Glen Lake, and
WHEREAS, in Chapter 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 with the Project without soliciting multiple vendors, and
WHEREAS, the Town Board therefore wishes to engage the services of Solitude Lake
Management for an Aquatic Vegetation Lake Management program for Glen Lake for the amount
of$40,240, and for a "Curtain Installation" to reduce non-target impacts to aquatic vegetation for
the additional sum of $2,800, in accordance with Solitude Lake Management's January 1, 2018
through December 31,2018 Contract presented at this meeting, 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 reviewed SEQRA and determines that there shall be a
Negative Declaration, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes engagement of Solitude Lake
Management for an Aquatic Vegetation Lake Management program for Glen Lake for the amount
of $40,240, plus an additional amount of $2,800 for "Curtain Installation" in accordance with
Solitude Lake Management's January 1, 2018 through December 31, 2018 Contract substantially in
the form presented at this meeting, contingent upon the Town's receipt of a proper certificate of
insurance in form acceptable to the Town, 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 $43,040 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 with Solitude Lake Management, Permit Applications with the New York State
Department of Environmental Conservation and/or any other needed documentation and the Town
Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action
necessary to effectuate the terms of this Resolution.
Duly adopted this 12th day of February,2018, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES : None
ABSENT:None
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LAKE:'MAANAGEMENT " '
LAKE MANAGEMENT CONTRACT
PROPERTY NAME: Glen Lake
CONTRACT TERM: January 1, 2018 through December 31, 2018
SUBMITTED TO: Town of Queensbury and Paul Derby, Glen Lake Protective Association
SUBMITTED BY: Brad Bowers
DATE: November 20, 2017
SPECIFICATIONS: the scope of work described below includes services for managing invasive plant
growth in Glen Lake during the 2018 season. This contract includes a spot treatments of Eurasian
Water Milfoil in 2018. We guarantee greater than 85%control of EWM within the treatment areas.
Permitting:
1. SOLitude staff will be responsible for the following:
a. Obtaining any NYSDEC Aquatic Pesticide and Freshwater Wetland permits as
needed to perform the work specified in this contract where applicable.
b. Filing of any notices or year-end reports with the appropriate agency as
required by any related permit.
c. Notifying the client of any restrictions or special conditions put on the site with
respect to any permit received, where applicable.
d. Printing and providing posters for riparian notification requirements
Pre-Treatment Survey:
1. An early season survey/inspection will be performed in April or May to determine the
distribution and extent of invasive plant growth targeted for treatment.
Lake Aquatic Weed Control:
1. Lake will be treated in 2018 using Renovate 3 herbicide for the control of Eurasian
Water Milfoil. A spot treatment program will be performed that targets in-water
concentrations of 2-2.2 ppb. The initial application is expected to occur during the
May.
Post Treatment Survey:
1. Post-treatment inspections will be performed following each herbicide treatment to
assess treatment effectiveness.
2. Water samples will be collected during inspections for herbicide residue testing, as
required by NYSDEC.
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM
Glen Lake Conservation Society_NY rr�'\,
Lake Management Contract_BB --fl
Page2of6
Year End Report:
1. An end of the year report will be prepared and provided to the client.
2. Annual regulatory compliance reporting will be fulfilled as required.
3. The year-end report is anticipated to be submitted in November.
Client Responsibilities:
1. Client will be responsible for the following:
a. Providing information required for the permit application process upon
request.
b. Providing Certified Abutters List for abutter notification where required.
c. Perform any public filings or recordings with any agency or commission
associated with the permitting process, if required.
d. Compliance with any Order of Conditions or other special requirements or
conditions required by the local municipality.
e. Compliance and enforcement of temporary water-use restrictions where
applicable.
f. Posting the shoreline with signs warning of the temporary water use restrictions
to be imposed following treatment. SOLitude to provide pre-printed posters.
General:
1. Contractor is a licensed pesticide applicator in the state in which service is to be
provided.
2. Individual Applicators are Certified Pesticide Applicators in Aquatics, Public Health,
Forestry, Right of Way, and Turf/Ornamental as required in the state in which service
is to be provided.
3. Contractor is a SePRO Preferred Applicator and dedicated Steward of Water. Each
individual applicator has been trained and educated in the water quality testing
and analysis required for site specific water quality management prescriptions, and
utilizes an integrated approach that encompasses all aspects of ecologically
balanced management. Each applicator has received extensive training in the
proper selection, use, and application of all aquatic herbicides, algaecides,
adjuvants, and water quality enhancement products necessary to properly treat
our clients' lakes and ponds as part of an overall integrated pest management
program.
4. Contractor guarantees that all products used for treatment are EPA registered and
labeled as appropriate and safe for use in lakes, ponds, and other aquatic sites,
and are being applied in a manner consistent with their labeling.
5. All pesticide applications made directly to the water or along the shoreline for the
control of algae, aquatic weeds, or other aquatic pests as specified in this contract
will meet or exceed all of the contractor's legal regulatory requirements as set forth
by the EPA and related state agencies for NPDES and FIFRA. Contractor will
perform treatments that are consistent with NPDES compliance standards as
applicable in and determined by the specific state in which treatments are
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM
Glen Lake Conservation Society_NY
Lake Management Contract_BB
Page 3 of 6
made. All staff will be fully trained to perform all applications in compliance with all
federal, state, and local law.
6. Contractor will furnish the personnel, equipment, materials, and other items
required to provide the forgoing at his expense. Equipment will include trucks,
boats, amphibious vehicles, all-terrain vehicles, utility vehicles, high volume tank
sprayers, low volume tank sprayers, back- pack sprayers and other small equipment
as required to properly access and perform treatments in the designated areas.
7. Contractor will maintain general liability and workman's compensation insurance.
8. Customer understands and acknowledges that there are irrigation restrictions
associated with many of the products used to treat their lakes and ponds. The
customer is responsible for notifying the contractor in advance of the contract
signing and the start of the contract treatment if they utilize any of the water in their
lakes or ponds for irrigation purposes. The customer accepts full responsibility for
any issues that may arise from the irrigation of turf, ornamentals, trees, crops, or any
other plants as a result of treated water being used by the customer for irrigation
without the consent or knowledge of the contractor.
9. Although there is rarely direct fish toxicity with the products used for treatment
when applied at the labeled rate, any time there is an extreme infestation of algae
and aquatic weeds, there is a risk of dissolved oxygen drops as a result of large
masses of algae and aquatic weeds dying and decomposing simultaneously. This
risk is most severe in times of extremely hot weather and warm water temperatures,
as these are the conditions during which dissolved oxygen levels are naturally at
their lowest levels. Often times lakes and ponds will experience natural fish kills
under these conditions even if no treatment is performed. Every effort, to include
the method and timing of application, the choice of products, and the skill and
training of the applicators is made to avoid such problems. This risk is especially
mitigated by the use of systemic herbicides wherever possible, which results in a
very slow steady control of the target weed species. However, the customer
understands and accepts that there is always a slight risk of the occurrence of
adverse conditions outside the control of the contractor that will result in the death
of some fish and other aquatic life. The customer also understands and accepts
that similar risks would remain if the algae or submersed invasive vegetation present
in the lake goes uncontrolled, as it will over time interfere with the health and well
being of the existing fish population. The customer agrees to hold the contractor
harmless for any issues with fish or other aquatic life which occur as described
above, or are otherwise outside the direct control of the contractor, unless there is
willful negligence on the part of the contractor.
10. Contractor is not responsible for treatment failures that result from dam or other
structural failures, severe storms, flooding, or other acts of God that are outside of
the control of the contractor.
11. Contractor shall be reimbursed by the client for any non-routine expenses,
administrative fees, compliance fees, or any other similar expense that are incurred
as a result of requirements placed on the contractor by the client that are not
covered specifically by the written specifications of this contract.
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SbLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM
•
Glen Lake Conservation Society_NY
Lake Management Contract_BB
Page 4 of 6
12. The customer agrees to pay penalties and interest in the amount of 2% per month
for all past due invoices and related account balances in excess of 30 days past
due from the due date as specified by the contract and as stated on the relevant
invoice presented to the customer.
13. The customer covenants and agrees to pay reasonable attorney's fees and all
other related costs and expenses of SOLitude Lake Management®for collection of
past due invoices and account balances and for any other actions required to
remedy a material breach of this contract.
Service & Payment Schedule:
Task 1: Prepare and file Pesticide Permit applications with NYSDEC-inclusive of three (3)
products and a meeting with the NYSDEC. (Note:any changes to the 2017 permitting
process, may incur additional charges.)
Jan/Feb $2,060.00 Payment due with contract signing
Task 2: Perform pre-treatment survey and prepare final treatment maps.
April/May $1,440.00 Payment due upon completion
Task 3: Perform chemical treatment of up to 16 acres with Renovate 3 @ herbicides inclusive of
all labor, chemical & equipment needed for the treatment. (Note:should less acreage
require treatment or a different herbicide application rate be required the cost will be adjusted
accordingly)
May $30,395.00 Payment due upon completion
Task 4: Post-treatment survey, herbicide residue testing assuming 2 sampling round and
analysis of 5 samples is required, preparation and submittal of the required written
project completion report to the State.
(Note: The number and frequency of post-treatment herbicide residue samples is determined by
the NYDEC following approval of the NYDEC final treatment map.SOLitude is only responsible for
coordination of sample collection and has no influence on the number of samples required by
the NYSDEC Permit. Should additional sampling be required, there will additional charges of
$150-$250/sample analyzed and$350-$650 per sample collection round.)
June_ $2,095.00 Payment due upon completion
Task 5: Late Season Vegetation Survey and Year End Report, including annual regulatory
compliance reporting.
August/September $4,250.00 Payment due upon completion
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM
•
Glen Lake Conservation Society_NY +.
Lake Management Contract_BB
Page 5 of 6 �"
Total: $40,240.00*
*Note: adjustments to the program cost will be confirmed with the Client in advance;
payment is due within 30 days of an invoice date
APPROVED: SOLitude Lake Management@
Town of Queensbury
(Authorized Client Signature)
(Print Name and Title)
(Date)
•
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM
t
/-�
Glen Lake Conservation Society_NY f`
Lake Management Contract_BB -'
Page 6of6 '
ADDITIONAL RECOMMENDATIONS:
Curtain Installation, Glen Lake:
Our 2018 permit to treat Glen Lake requires the installation of two curtains to reduce non-
target impacts to aquatic vegetation. Below is the contract price for the installation of 2
(two) -4 (four) curtains which will be installed in the inlet of the Main Inlet. SOLitude Lake
Management will install the curtains prior to treatment and remove once the permit
requirements have been met.
ADDITIONAL PRICE: $2800.00
*NY Sales Tax will be added if applicable*
APPROVED: SOLitude Lake Management®
Town of Queensbury
(Authorized Signature)
(Print Name and Title) (Date)
PREFHtRED •
4.':-,,.•
Stewards
of Water
Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM