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SERVICES\Invasive Solutions Dive Company—Glen Lake Aquatic Project 2019—Suction Harvesting —8-19-19
RESOLUTION AUTHORIZING ENGAGEMENT OF
INVASIVE SOLUTIONS DIVE COMPANY, LLC FOR DIVER ASSISTED
SUCTION HARVESTING IN CONNECTION WITH GLEN LAKE
AQUATIC VEGETATION MANAGEMENT PROGRAM
RESOLUTION NO.: ,2019
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, by Resolution No.: 349,2018, the Town Board adopted the Glen Lake Aquatic
Plant Growth Control District Benefit Tax Roll, and
WHEREAS, by Resolution No.: 92,2019, the Town Board authorized engagement of
Aqualogic, Inc. for an Aquatic Vegetation Management Program for Glen Lake in 2019 (Program),
and
WHEREAS, Aqualogic, Inc., was unable to complete the Program and therefore the Glen
Lake District Advisory Committee has recommended that the Town Board authorize engagement of
Invasive Solutions Dive Company, LLC to complete the Project by providing two, 40-hour work
weeks for a total amount of$14,960 in accordance with Invasive Solutions Dive Company, LLC's
proposed Aquatic Invasive Plant Removal Agreement presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Invasive
Solutions Dive Company, LLC to complete the final two weeks of the Aquatic Vegetation
Management Program for Glen Lake in 2019 (Project) by providing two, 40-hour work weeks for a
total amount of $14,960 in accordance with its Aquatic Invasive Plant Removal Agreement
substantially in the form presented at this meeting, contingent upon submission of a valid
certificate of insurance in form and amounts acceptable to the Town Supervisor and/or Town
Budget Officer, 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 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 Aquatic Invasive Plant Removal Agreement and/or 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 19th day of August,2019, by the following vote:
AYES :
NOES :
ABSENT:
RESOLUTION AUTHORIZING ENGAGEMENT OF
AQUALOGIC, INC. FOR DIVER ASSISTED SUCTION HARVESTING
IN CONNECTION WITH LAKE SUNNYSIDE
AQUATIC VEGETATION MANAGEMENT PROGRAM
RESOLUTION NO.: 92,2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
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 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 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 18th day of March, 2019, by the following vote:
AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
AQUATIC INVASIVE PLANT REMOVAL AGREEMENT
Agreement made this day of , 2019 by and between Invasive
Solutions Dive Company, LLC with an address at P.O. Box 389, Saranac Lake, NY 12983
sometimes hereinafter referred to as Contractor and the Town of Queensbury with an address of
742 Bay Rd, Queensbury,NY 12804 sometimes hereinafter referred to as Client.
In consideration of the mutual promises contained herein Client hereby hires Contractor to
remove aquatic invasive plant species services as described herein.
Client hires Contractor and Contractor hereby agrees to remove Eurasian Watermilfoil
from affected areas of Glen Lake by having divers enter the water and physically remove plants.
Appropriate equipment and tools may be utilized.
Term. The term of this contract shall run from August 19, 2019 and end on December 31,
2019 inclusive. The work season covers 2 weeks to be worked between the months of August and
October. It is the intention of the Contractor to perform its services during the week beginning
September 9,2019 and September 16,2019, but these dates may change in the event of scheduling
conflicts. Each week covers 40 hours per week per worker. (It is anticipated that each worker will
work four, 10-hour days per week). Workdays are considered to be Monday through Friday;and
The method and means used to perform the services shall be in the sole discretion of
contractor however such services shall include the following:
1) Contractor is to provide supervision support and management for Eurasian
Watermilfoil removal.
2) Contractor agrees to be solely responsible for the supervision, general liability, workers
compensation, withholding, disability and unemployment insurance coverage for all
persons in its employ hired to complete the subject services. The general liability insurance
will have coverage as described below:
a. Policy covering the obligations of contractor in accordance with the provisions of
the Worker's Compensation Law.
b. Policies of bodily injury liability and property damage liability insurance of the
types hereinafter specified, each with limits of liability of not less than$2,000,000
for all damages arising out of injury to person or destruction of property in any one
accident with a total of$4,000,000 general aggregate.
c. Liability insurance issued to and covering the liability of each of the contractor's
subcontractors if any, with respect to all work performed by said subcontractors
under this Contract.
d. The protective liability insurance specified above will also apply to all officers and
employees of Client in their individual capacities with respect to all operations
under this Contract by the Contractor or by its subcontractors.
3) Contractor to supply trained divers to conduct Eurasian Watermilfoil removal in
affected areas of Glen Lake. Each crew will consist of two divers and one dive
tender(crew leader.)
4) Contractor is to provide summary of work completed indicating plants harvested,
total poundage and the areas worked by supply of harvest maps.
Client agrees to file and pay for and obtain any and all necessary permits or licenses at
Client's sole cost and expense such that Contractor's services will be in full compliance with all
appropriate governmental, municipal, departmental or quasigovernmental rules and regulations
including any which may be promulgated by, delegated by, controlled by, or overseen, or issued
by any such entities including but not limited to the Adirondack Park Agency,the New York State
Department of Environmental Conservation,the Federal Environmental Protection Agency,or any
town, village, hamlet, county, or the State of New York.
Compensation. Client agrees to pay contractor the sum of $14, 960 for 2, 40-hour
workweeks with one boat, which boat is to have two divers and one dive tender during calendar
year 2019. If during the contract year Client should decide they want to secure any additional
workweeks,the parties will execute a work order in advance for said additional work,which work
order can be sent by email.
Method of payment. Client shall pay a retainer fee in the sum equal to 20%of Contract due
upon signing of this Contract so as to secure Contractor for the 2019 calendar year. This initial
annual retainer fee shall be nonrefundable. This amount shall be deemed liquidated damages as a
reasonable estimate of the upfront overhead costs and initial payroll and boat preparation expenses.
The remaining Contract balance will be distributed over the project timeline(i.e.: outset of diving
to completion) in payments invoiced weekly (this billing will be done by email) and client agrees
such bills will be paid within ten days after being invoiced. If there are missed hours or lost time
during any week, those amounts (hourly pay plus payroll overhead) will be deducted from the
invoice. This billing shall be done by way of email to Joanne Watkins at
joannew@queesnbury.net.
The parties agree that Contractor is an independent contractor with respect to the Town of
Queensbury and Contractor is not an employee of the Town of Queensbury.
Expenses. Other than as already set forth herein,Contractor and Client shall pay all of their
own expenses (including legal and accounting) incurred in connection with the transactions
contemplated by this Agreement, whether or not the same are consummated. The parties each
acknowledge to the other that they are not aware of any brokers or finders' fees due in connection
with this transaction, and if any fees are due, they shall be paid by the party who committed to the
payment thereof.
Waiver of Breach. The waiver by either party of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach by any party.
Multiple Counterparts. This Agreement may be executed in a number of identical
counterparts,each of which for all purposes is to be deemed an original,and all of which constitute,
collectively, one agreement. In making proof of this Agreement, it shall not be necessary to
produce or account for more than one such counterpart.
Notices. Unless another form of notice is expressly authorized in this Agreement, any
notice written or required by this Agreement shall be in writing and shall be deemed sufficient on
the date after the date of personal delivery or on the first business day after overnight delivery or
three days after being sent by fax or three days after being sent by registered or certified mail,with
postage pre-paid,and addressed to the party to be noticed at such party's address or fax number as
set forth below, or as subsequently modified by written notice:
To Contractor: Invasive Solutions Dive Company, LLC
P.O. Box 389
Saranac Lake,NY 12983
To Client: Town of Queensbury
742 Bay Rd
Queensbury,NY 12804
Any party may change its address by delivering a written change of address to the other
party in the manner set forth in this Section.
Entire Agreement. This Agreement constitutes the entire understanding of the parties and
supersedes all prior understandings, whether written or oral, between the parties with respect to
the subject matter of this Agreement. No amendment, modification or alterations of the terms of
this Agreement shall be binding unless in writing, dated after the date of this Agreement,and duly
executed by all parties.
Severability of Provisions. If any term or provision of this Agreement is illegal or invalid
for any reason, such illegality or invalidity shall not affect the validity or enforceability of the
remainder of this Agreement.
Headings. No heading or caption contained in this Agreement shall be considered in
interpreting any of its terms or provisions.
Applicable Law. This Agreement shall be construed in accordance with the laws of the
State of New York. The parties agree to submit themselves to jurisdiction in New York State.
Attorneys' Fees. Other than as expressly provided herein, if any action at law or in equity,
including an action for declaratory relief, is brought to enforce or interpret the provisions of this
Agreement,the prevailing party shall be entitled to recover reasonable attorneys'fees and all other
costs and expenses of litigation from the other party, which amounts may be set by the court in the
trial of such action or may be enforced in a separate action brought for that purpose, and which
amounts shall be in addition to any other relief which may be awarded.
Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties
and their respective heirs, personal representatives, executors, successors and assigns.
The parties have executed this agreement on the date and year first written above.
Invasive Solutions Dive Company, LLC
By:
Daniel Cashin, President
Town of Queensbury
By:
John Strough, Supervisor