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3.12 3.12 SERVICES\Aqualogic—Lake Sunnyside Aquatic Project—5-4-2020 RESOLUTION AUTHORIZING ENGAGEMENT OF AQUALOGIC, INC. FOR DIVER ASSISTED SUCTION HARVESTING IN CONNECTION WITH LAKE SUNNYSIDE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.: ,2020 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.: 309,2019, the Town Board adopted the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2019,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 2020 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 proposed Contract for Services is presented at this meeting, and WHEREAS, by Resolution No.: 92,2019, the Town Board authorized engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Lake Sunnyside in 2019, and WHEREAS, in Chapter W(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 2020, 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 2020 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 Contract 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 Lake Sunnyside, 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 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 the Contract with Aqualogic, Inc., substantially in the form presented at this meeting, 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 May, 2020, by the following vote: AYES : NOES : ABSENT: AQUALOGIC 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 2020 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 2020 and finish before Nov.30th 2020.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 AQuALOGic 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. CONTRACTOR:Aqualogic, Inc. CLIENT:Town of Queensbury Dat-• // 2 ty;/ Date: N /e: • •minic Jude Name: Title:Owner Title: I have authority to bind the Company. Duly Authorized Contract for Services AQUALOGIC 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 2020. 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: iIfZIVADaO Date: T42214;;PE Name: Dominic Jude Name: Title:Owner Title: I have authority to bind the Company. Duly Authorized Contract for Services RESOLUTION ADOPTING 2019 LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 309,2019 INTRODUCED BY: Mrs. Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Lake Sunnyside 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 23rd, 2019 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2019 at the following rate: District Units Amount to be Raised Tax Rate/Unit Lake Sunnyside Aquatic Plant Growth I 176.04 I 12,749.52 I I 72.424 I 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 23rd day of September, 2019 by the following vote: AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: None 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, i 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 18`h day of March, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough,Mr. Metivier NOES: None ABSENT: None