Loading...
4.04 4.4 SERVICESWqualogic—Lake Sunnyside Aquatic Project—3-18-19 RESOLUTION AUTHORIZING ENGAGEMENT OF AQUALOGIC, INC. FOR DIVER ASSISTED SUCTION HARVESTING IN CONNECTION WITH LAKE SUNNYSIDE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.: ,2019 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 273,2012, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Lake Sunnyside Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 68,2013, the Town Board appointed (5) persons who are property owners within the District and/or Protective Association of Lake Sunnyside (PALS) members, to the Lake Sunnyside Aquatic Plant Growth Control District Advisory Committee (Committee), and WHEREAS, by Resolution No.: 350,2018, the Town Board adopted the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2018, and WHEREAS, the Committee has recommended that the Town of Queensbury authorize engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Lake Sunnyside in 2019 for an amount of$1,000 per day, plus a one-time set up fee of$200, not to exceed a total of$30,200, such Program to consist of Diver Assisted Suction Harvesting(D.A.S.H.) to control invasive aquatic species within portions of Lake Sunnyside, and WHEREAS, a copy of Aqualogic, Inc.'s "Sunnyside Lake 2019 DASH Bid" proposal is presented at this meeting, and WHEREAS, by Resolution No.: 80, 2018, the Town Board authorized engagement of Aqualogic,Inc. for an Aquatic Vegetation Management Program for Lake Sunnyside in 2018,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 Lake Sunnyside in 2019,and WHEREAS,the Town will adhere to all New York State Law bidding requirements as may be applicable, 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 Queensbuiy'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 Lake Sunnyside in 2019 for an amount of$1,000 per day, plus a one-time set up fee of $200, not to exceed a total of $30,200, in accordance with Aqualogic, Inc.'s "Sunnyside Lake 2019 DASH Bid" proposal 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 Lake Sunnyside, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Lake Sunnyside Misc. Contractual Account No.: 052-8790-4400 not to exceed $30,200 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 an Agreement with Aqualogic, Inc., in form acceptable to the Town Supervisor and Town Counsel, as well as any other 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 181h day of March,2019, by the following vote: AYES NOES ABSENT: AQUALOG111 =ivTEtLIcErtfAaUaTic rtnu c.M.vt Contract for Services THIS Contract between Aqualogic Inc., Milfoil Contractor, of Johnsburg NY (referred to as "Aqualogic" from here) and the Town of Queensbury, NY 12801 (referred to as "Queensbury " from here)for 2019 Suction Harvesting services on Sunnyside Lake in Queensbury NY. 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 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 One Thousand Dollars($1000.00) per day for up to 30 days 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) Contract Period:Work shall commence on or after April 15th 2018 and finish before Nov. 30th 2018.The Town of Queensbury may extend the term of this contract at the rate above based on the availability of Aqualogic Divers. 4) In case of inclement weather or equipment failure,Queensbury will only be charged for days worked. 5) Payment cycle:Queensbury shall pay the Aqualogic according to the following schedule of payment,the total contract amount of which shall not exceed$30,200.00. 6) 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 Contract for Services A-0VALOGIC 1147ELL?GEtM1i i:QUl.TlG MANAGEMEN1�'. 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. 7) This contract may not be assigned. 8) 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. 9) This contract contains the entire understanding of the parties and may not be amended or changed except by written instrument signed by the parties. 10) 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. 11) 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. 12) Aqualogic extends to Queensbury the option to contract Aqualogic as their sole milfoil contractor for the 2020,2021,and 2022 seasons with a 4%cap on annual rate increases provided that said additional contract is signed prior to Oct. 1,2019. CONTRACTOR:Aqualogic, Inc. CLIENT:Town of Queensbury Date: Date: Name: Dominic Jude Name: Title:Owner Title: /have authority to bind the Company. Duly Authorized Contract for Services AQUALOGIC i NTELUG ENT AQUATIC MANAGEMENT: RELEASE AND INDEMNIFICATION AGREEMENT Agreement made between Aqualogic Inc.,Milfoil Contractor,Johnsburg NY(referred to as"Indemnitor"from here) and the Town of Queensbury,Queensbury NY(referred to as"Indemnitee"from here)for 2019. In consideration of the execution of Agreement(the Contract for Services of near or even date)between the Town of Queensbury, Queensbury NY and Aqualogic Inc.,Johnsburg NY 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 Indemnitor's 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 Sunnyside 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: Dominic Jude Name: Title:Owner Title: 1 have authority to bind the Company. Duly Authorized Contract for Services L r y �I z. 1Y - 4 _ a Az Diver Assisted Suction Harvesting (D.A.S.H) The process of hand harvesting and DASH harvesting is the same. Essentially you are hand pulling every plant you just have a more efficient way to get the plants to the surface. DASH harvesting is much more effective than bag/hand harvesting in large patches of invasive aquatic species. For each DASH operation there are three on site personnel.Attached to each DASH boat is a suction hose of varied lengths(30ft,50ft,75ft etc.).The diver works at the end of the hose harvesting the invasive species with both hands. Divers are trained to keep as much sediment undisturbed as possible when harvesting.This includes using both hands to squeeze the root of the plant(the crown)before lifting it from the bottom and placing it in the suction hose.This allows the diver to keep his visibility. The suction hose does not come in contact with the lake bottom when harvesting. Instead it is attached to the divers BC(buoyancy compensator) by a tether and suspended off the bottom with a buoy.The end of the hose remains at least 1 ft off the lake bottom when harvesting, keeping any unnecessary sediment from entering the hose.Any sediment that does get sucked into the hose is either collected with the invasive weeds or sent through the filtration tray. 'A_ QUALOGIG !NTELLIGENI AQUATIC MANAGEMENT Sunnyside Lake 2019 DASH Bid 1.) Team Information Cost $800.00/day 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.The head diver has a Commercial Boating License.All team members are CPR/AED/First Aid trained and certified per OSHA regulations.Aqualogic is approved by the APA and meets all local and federal regulations. • Head Diver-The head diver is the point man of the DASH operation. He completes the milfoil harvesting,directing his/her crew through the different areas of Lake Minerva in the most efficient manner possible. • Safety Diver-The safety diver makes sure that the equipment(DASH boat,dive equipment,ect.) are always clean and organized at the end of the day. • Tender-The tender's role is to keep the DASH operation running.This includes moving the milfoil from the screen to buckets,changing the gas and oil for the engine,priming the foot valve and assisting the diver with his equipment as he enters and exits the water.They fill out the data sheets at the end of the day and send them to the project manager.All tenders are trained in the spotting and handling of milfoil. • Project Manager—Dominic Jude is the project manager for all NY contracts. He receives the daily reports from the tender.At the end of each work week he sends the daily harvest reports and a harvest map to the local assocaition. 2.) Equipment Cost $200.00/day Description of Equipment to be used/provided: • Garmin GPS—Progress maps and reports are sent at the end of each work week. • All needed SCUBA equipment • Liquivision Dive Watch • Go Pro for Video(if need be) • DASH Unit • 33 gallon Brute Buckets • Drop down poll for DASH unit—This poll drops through a hole in the deck and keeps the boat in place. 3.) Cost per day $200.00+$800.00 $ 1000.00/Day Description of DASH/Bag Harvesting 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. 4.) One Time Set Up Fee $200.00 5.) Estimated Project Cost: • Based on 20 Days $20,200.00 • Based on 30 Days $30,200.00 • ® DATE(MM/DD/YYYY) AC R CERTIFICATE OF LIABILITY INSURANCE 05/30/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mary Lou McLoughlin NAME: VRP Insurance Agency aHCNNo Ext: (631)738-7300 FAX No: (631)738-7382 955 Main Street EMAIL mmcloughlin@vrpinsurance.com ADDRESS: Suite 2 INSURER($)AFFORDING COVERAGE NAIC# Holbrook NY 11741 INSURERA: Evanston Insurance Company INSURED INSURER B- Aqualogic Inc. INSURERC: 1608 S.Johnsburg Road INSURER D: INSURER E: Johnsburg NY 12843 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1852906036 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 AUUL 51JUR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 CLAIMS-MADE FX_1 OCCUR PREMISES Ea occurrence $ 50,000 X Contractual Liability MED EXP(Any one person) $ Excluded A Y 9CD8735-0 05/23/2018 05/23/2019 PERSONAL&ADVINJURY $ 5,000,000 GEN'LAGGREGATE LIMITAPPUES PER: GENERAL AGGREGATE $ 5,000,000 POLICY ❑JEa LOC PRODUCTS-COMP/OPAGG $ 5,000,000 OTHER: Employee Benefits s AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED 9CD8735-0 05/23/2018 05/23/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED IX NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per acc dent $ UMBRELLAUAB OCCUR - EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ PROTECTION&INDEMNITY Each Occurrence $5,000,000 A 9CD8735-0 05/23/2018 05/23/2019 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Certificate holder is listed as Additional Insured with respect to the General Liability as per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Town of Queensbury ACCORDANCE WITH THE POLICY PROVISIONS. 742 Bay Road AUTHORIZED REPRESENTATIVE /? Queensbury NY 12804 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD