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SERVICES\Solitude Lake Management—Glen Lake Aquatic District for 2020—Waive Purchasing Policy—3-9-20
RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE
MANAGEMENT FOR 2020 LAKE MANAGEMENT CONTRACT
IN CONNECTION WITH GLEN LAKE AQUATIC PLANT
GROWTH CONTROL DISTRICT
RESOLUTION NO.: ,2020
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.: 308,2019, the Town Board adopted the Glen Lake Aquatic
Plant Growth Control District Benefit Tax Roll, and
WHEREAS, by Resolution No: 60,2019, the Town Board authorized engagement of
Solitude Lake Management for the Aquatic Vegetation Management Program for Glen Lake in
2019, 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 Contract for Glen Lake for 2020 for an
amount of$47,655 in accordance with Solitude Lake Management's Lake Management Contract
dated February 26, 2020 presented at this meeting, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements, and
WHEREAS, the Town Board previously conducted SEQRA review and issued a SEQRA
Negative Declaration in 2018,
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 Solitude Lake
Management for an Aquatic Vegetation Lake Management program for the herbicide treatment for
control of Eurasian water milfoil, Curly-Leaf Pondweed and Brittle Naiad within portions of Glen
Lake for 2020 for the amount of$47,655 in accordance with Solitude Lake Management's February
26, 2020 Lake Management 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 $47,655 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 Lake Management Contract, 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 9th day of March, 2020, by the following vote:
AYES :
NOES :
ABSENT:
SQLITUDE
LAKE MANAGEMENT
LAKE MANAGEMENT CONTRACT
PROPERTY NAME: Glen Lake-G1097
CONTRACT DATE: February 26, 2020
SUBMITTED TO: Town of Queensbury and Glen Lake Association
SUBMITTED BY: Scott Conrade, Aquatic Biologist
SPECIFICATIONS: Treatment of Eurasian watermilfoil, Curly-Leaf Pondweed, and Brittle Naiad using
ProcellaCOR EC and Aquathol Super K aquatic technologies, respectively, in Glen Lake; inclusive of
permitting, pre/post surveys, herbicide residue sampling and reporting.
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. Collecting address list and mailing of notification to all riparian owners as
required downstream.
Pre-Treatment Survey:
1. An early season survey/inspection will be performed in May to assess the Eurasian
milfoil growth to finalize the treatment timing.
Herbicide Treatment:
1. Glen Lake will be treated with ProcellaCOR EC for control of Eurasian watermilfoil
and in up to 11.5 acres.
2. Glen Lake will be treated with Aquathol Super K for control of Curly-leaf Pondweed
and Brittle Naiad in up to 9.2 acres.
3. Posting of water-use restriction warning posters as required by the NYSDEC issued
permit.
Herbicide Residue Sampling:
1. Following treatment, SOLitude will collect water samples for analysis of herbicide
residue according to the NYSDEC permit requirements.
2. Additional samples will be collected as necessary to fulfill permitting requirements
until below the applicable thresholds to lift water-use restrictions.
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.
20 MAIN STREET, WORCESTER, NY 12197 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM
Glen Lake-Queensbury, NY
Lake Management Contract
Page 2 of 5 ;.
Post Treatment Survey:
1. A post-treatment inspection will be performed following treatment to assess
treatment effectiveness, during sample collection efforts.
2. A final point-intercept plant survey will be performed in August/September to help
guide future nuisance plant management and potential herbicide treatment needs
in the lake for the following year.
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 completed and provided in December.
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.
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
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.
20 MAIN STREET, WORCESTER, NY 12197 " 888.480.LAKE (5253) i SOLITUDELAKEMANAGEMENT.COM
Glen Lake-Queensbury, NY
Lake Management Contract
Page 3 of 5
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
made. All staff will be fully trained to perform all applications in compliance with all
federal, state, and local law.
6. Contractor will furnish personnel, equipment, boats, materials, and other items
required to provide the foregoing at his expense.
7. Contractor will maintain general liability and workman's compensation insurance.
8. Client understands and acknowledges that there are irrigation restrictions
associated with many of the products used to treat their ponds. The client 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 ponds for
irrigation purposes. The client 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 client 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 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 client 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 client also understands and accepts that similar risks would remain if the
algae or submersed invasive vegetation present in the pond goes uncontrolled, as
it will over time interfere with the health and well being of the existing fish
population. The client 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 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.
11. The client 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 client.
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.
20 MAIN STREET, WORCESTER, NY 12197 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM
Glen Lake-Queensbury, NY
Lake Management Contract
Page 4 of 5
12. The client 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 for ProcellaCOR EC and Aquathol Super
K herbicides with NYSDEC - inclusive of the filing fees and required abutter notifications.
(Note: any changes to the permitting process, requirement for a public hearing, or notification
to additional abutters may incur additional charges.)
March $2,000.00 Payment due upon completion
Task 2:Perform pre-treatment survey.
May $1,440.00 Payment due upon completion
Task 3: Perform chemical treatment of up to 11.5 acres with ProcellaCOR EC herbicide -
inclusive of all notifications, posters, 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;notifying additional abutters will carry incur
additional costs.)
June $16,400.00 Payment due upon completion
Task 3.1: ProcellaCOR herbicide residue sample collection and analysis-assumes 1 collection
round and analysis of 2 samples (2 total).
(Note: The number and frequency of post-treatment herbicide residue samples is determined by
NYSDEC following approval of the respective permit application. SOLitude is only responsible for
the coordination of sample collection and has no influence on how many sampling
rounds/samples may be required following treatment.)
June $750.00 Payment due upon completion
Task 4: Perform chemical treatment of up to 9.2 acres with Aquathol Super K herbicide-
inclusive of all notifications, posters, 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;notifying additional abutters will carry incur
additional costs.)
May/June $20,510.00 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.
20 MAIN STREET, WORCESTER, NY 12197 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM
Glen Lake-Queensbury, NY
Lake Management Contract11111
Page 5 of 5
Task 4.1: Super K herbicide residue sample collection and analysis-assumes 2 collection
rounds and analysis of 2 samples per round (4 total).
(Note: The number and frequency of post-treatment herbicide residue samples is determined by
NYSDEC following approval of the respective permit application. SOLitude is only responsible for
the coordination of sample collection and has no influence on how many sampling
rounds/samples may be required following treatment.)
June $1,930.00 Payment due upon completion
Task 5: Comprehensive point-intercept vegetation survey.
August/Sept $3,150.00 Payment due upon completion
Task 7:Year-end report; preparation and submittal of required reporting to the State.
December $1,475.00 Payment due upon
Total: $47,655.00*
*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)
ilmsamo
(Date) Th
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.
20 MAIN STREET, WORCESTER, NY 12197 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM
RESOLUTION ADOPTING 2019 GLEN LAKE AQUATIC PLANT
GROWTH CONTROL DISTRICT BENEFIT TAX ROLL
RESOLUTION NO.: 308,2019
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs.Jennifer Switzer
WHEREAS, the Queensbury Town Board previously scheduled a public hearing
concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax
Roll for 2019 and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and
WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing
and also mailed copies of the Notice to all property owners within the Benefit Assessment District,
and
WHEREAS, the Town Board duly conducted a public hearing on Monday, September 23`d,
2019 and heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the
Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2019 at the following rate:
District Units Amount to be Raised Tax Rate/Unit
Glen Lake Aquatic Plant Growth 1333.85 I I 46,739 I I 140.
Control
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a
warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver
to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town.
Duly adopted this 23`d day of September, 2019 by the following vote:
AYES : Mr. Metivier, Mrs. Atherden,Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE
MANAGEMENT FOR 2019 LAKE MANAGEMENT CONTRACT
IN CONNECTION WITH GLEN LAKE AQUATIC PLANT
GROWTH CONTROL DISTRICT
RESOLUTION NO.: 60,2019
INTRODUCED BY: Mr. George Ferone
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, 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.: 79 and 119,2018, the Town Board authorized engagement
of Solitude Lake Management for the Aquatic Vegetation Management Program for Glen Lake in
2018, 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 Contract for Glen Lake for the amount of
$57,205 in accordance with Solitude Lake Management's January 1, 2019 through December 31,
2019 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 previously conducted SEQRA review and issued a
SEQRA Negative Declaration in 2018,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
$57,205 in accordance with Solitude Lake Management's January 31, 2019 through December 31,
2019 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 $57,205 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 11t'day of February, 2019, by the following vote:
AYES: Mr. Ferone, Mrs. Switzer,Mr. Strough, Mr. Metivier, Mrs. Atherden
NOES: None
ABSENT: None