4.15 4.15
SERVICES\.Solitude Lake Management—NYS DEC Pemut Application&Pre-Treatment Survey of Glen Lake Waive Purchasing Policy 3-20-2023
RESOLUTION AUTHORIZING ENGAGEMENT OF
SOLITUDE LAKE MANAGEMENT FOR PREPARATION AND FILING
OF NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION PERMIT APPLICATION RELATING TO
GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT
RESOLUTION NO.: ,2023
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.: 341,2022, the Town Board adopted the 2023 Glen Lake
Aquatic Plant Growth Control District Benefit Tax Roll, and
WHEREAS, by Resolution No.: 128,2022, the Town Board authorized engagement of
Solitude Lake Management for the preparation and filing of the New York State Department of
Environmental Conservation Permit applications and completion of the 2022 Aquatic Vegetation Lake
Management Contract for the Glen Lake Aquatic Vegetation Management Program, which Program
provided for Solitude Lake Management's herbicide treatment for control of pondweed, milfoil and
brittle naiad using Aquathol Super K 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 wishes to again engage the services of Solitude Lake
Management for preparation and filing of New York State Department of Environmental Conservation
Permit applications relating to the 2023 Aquatic Vegetation Lake Management Contract for Glen Lake
for the amount of$2,425 as delineated as Task 1 in Solitude Lake Management's Lake Management
Contract dated February 21, 2023 presented at this meeting, and
WHEREAS,the Town will adhere to all New York State Law bidding requirements,
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 the preparation and filing of the New York State Department of Environmental
Conservation Permit application relating to the 2023 Aquatic Vegetation Lake Management Contract
for Glen Lake for the amount of$2,425 as delineated as Task 1 in Solitude Lake Management's Lake
Management Contract dated February 21, 2023 substantially in the form presented at this meeting, 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 $2,425 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
any needed documentation, including Permit Applications with the New York State Department of
Environmental Conservation, 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 20t'day of March, 2023,by the following vote:
AYES
NOES
ABSENT:
OF
SG) LITUDE
LAKE M .ANAESEMEN7
2023 LAKE MANAGEM9141 COHIRACT
PROPERTY NAME: Glen Lake - GI047
CONTRACT DATE: February 21 , 2023
SUBMITTED TO. Town of Queensbury and Glen Lake Protective Association
SUBMITTED BY: Glenn Sullivan
SPECIFICATIONS: 2023 Treatment of Pondweed, milfoil and Brittle Naiad
This agreement (the "Agreement") is made as of the date indicated above, and is by and between
SOLitude Lake Management, LLC ( "Solitude" or the "Company") and the customer identified above {the
"Customer") on the terms and conditions set forth in this Agreement.
1 _ The Services SOLitude will provide services at the Customer's property as described in Schedule A
attached hereto:
2. PAYMENT TERMS. The fee for each service is shown below. The Customer shall poly upon completion of
each task of this service, as shown below.
Task 1 : Prepare and file NYSDEC Permit applications $ 2,425,00
Task 2: Pre-Treatment Survey $ 1 ,250.00
Task 3. Aquathol k Treatment 5-1 5 acres $ 2,250.00/acre
16-34 acres $ 2,040.00/acre
Task 4: Post-treatment monitoring of Aquathol K (2 sites) $ 850.00
Task 4a : Additional samples, if required $ 345.00/sample
Task 5: Aquatic Plant Mapping Survey (Post-treatment) $ 3,535.00
Task 6: Prepare and file NYSDEC Annual Report $ 650.00
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.
SO LITU DE LAKEMANAG EM E NT.GOM
888.480.LAKE (5253)
Glen Lake — Town of QueensbuM NY V2 rAF
� y�
2023 Lake Management Contract
Page 2 of 6
012tions
Task 7: ProcellaCOR EC treatment 5 acres (miltoiil) $5,905.00/5 acres (June)
Additional acres will be billed of $ 1 , 150.00/acre
Task 7a: ProcellaCOR EC residue sampling $295.00/sample
Should the work performed be subject to any local, state, or federal jurisdiction, agency, or other
organization of authority for sales or other taxes or fees in addition to those expressly covered by this
contract, customer will be invoiced and responsible for paying said additional taxes in addition to the fee
above. Customer agrees to pay all invoices within thirty (30) days of invoice date. The Customer will be
liable for any returned check fees and any collection costs, including reasonable attorney fees and court
costs, for any invoices not otherwise timely paid, and interest at the rate of 1 % per month may be added
to all unpaid invoices_ Company shall be reimbursed by the Customer 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 Company by the Customer that are not covered specifically by the written
specifications of this contract.
3. TERM AND EXPIEATION. This Agreement is for a one-time service as described in the attached
Schedule A. Any additional services will be provided only upon additional terms as agreed to by the
parties in writing .
4. DISCLAIMER. SOLitude is not responsible for the failure of any treatment, equipment installation, or
other work that result from dam or other structural failures, severe weather and storms, flooding, or other
acts of God that are outside of the control of SOLitude. Customer understands and acknowledges that
there are irrigation restrictions associated with many of the products used to treat lakes and ponds. The
customer is responsible for notifying SOLitude in advance of the contract signing and the start of the
contract 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 SOUtulle.
Although there is rarely direct fish toxicity with the products used for treatment when applied at the
labeled rate, or the installation and normal operation of the equipment we install, there is a risk under
certain circumstances of significant dissolved oxygen drops_ 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 sand ponds will experience natural fish kills under
cornpetitiveiy sensitive & Proprietary Materials — The information contained herein is the intellectual property of SOLitude Lake Management.
Recipient may not disclose to any outside parry 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 goad faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
SOLITU DELAKEMANAG EM ENT.COM
888_480.LAKE (5253)
Glen Lake - Town of Queenst> ury, NY V2Is 4
m
2023 Lake Management Contract
( Page 3 of 6 WIMP
these conditions even if no work is performed. Every effort, to include the method and timing of
application, the choice of products and equipment used, and the skill and training of the stuff, is made to
avoid such problems. However, the customer understands and accepts that there is always a slight risk of
the occurrence of adverse conditions outside the control of SOLitude that will result in the death of some
fish and other aquatic life. The customer also understands and accepts that similar risks would remain
even if no work was performed. The customer agrees to hold SOLitude harmless for any issues with fish or
other aquatic life which occur as described above or are otherwise outside the direct control of the
SOLitude, unless there is willful negligence on the part of SOLitude.
While SOLitude Lake Management LLC makes every effort to thoroughly inspect the site before providing
this contract proposal or beginning any work, it is possible, without fault or negligence, that unforeseen
circumstances may arise, or that hidden conditions on the site might be found in the course of the
performance of the contract work, which would result in additional time or material costs that exceed this
contract pricing. Should this occur, the customer will be notified of these unforeseen circumstances or
conditions and be responsible for the costs associatedwith remedying. By signing this agreement, the
customer acknowledges that they have informed SOLitude Lake Management(B of all known and
relevant current site conditions that would be reasonable to expect could affect our ability to successfully
complete the contract work.
5. INSURANCE AND LIMITATION OF LIABILITY Solitude will maintain general liability and property
damage insurance as necessary given the scope and nature of the Services. The Company will be
responsible for those damages, claims, causes of action, injuries, or legal costs to the extent of its own
direct negligence or misconduct, and then only to an amount not to exceed the annual value of this
Agreement. In no event will any party to this Agreement be liable to the other for incidental,
consequential or purely economic damages. Solitude shall not commence the work set forth in this
Contract until such time that Solitude has obtained all insurance required by the Town of Queensbury,
including boat insurance, and the Town has explicitly approved such insurance.
S. FQ RC E MAJEURE. The Company shall not be liable for any delay in performing the Services, nor
liable for any failure to provide the Services, due to any cause beyond its reasonable control.
7. ANTI-CORRUPTION AND BRIBERY. Each party represents that neither it nor anyone acting on its
behalf has offered, given, requested or accepted any undue financial or other advantage of any kind in
entering into this Agreement, and that it will comply with all applicable laws and regulations pertaining to
corruption, competition and bribery in carrying out the terms and conditions of this Agreement.
8, GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws
of the state in which the Services are performed.
Competitively sensitive & Proprietary Materials — The information contained herein is the intellectual property of sOutude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
(111wattachments without the prior written consent of SOUtude take 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.
SOUTU DELAKEMANAG EM E NT.CO M
888,480.LAKE (5253)
Glen Lake - Town of C2ueensbury, NY V2
2023 Lake Management Contract
Page 4 of 6
9. ENTIRE AGREEMENT, This Agreement constitutes the entire agreement between the parties with
respect to the subject matter and replaces any prior agreements or understandings, whether in writing or
otherwise.
This Agreement may not be modified or amended except by written agreement executed by both
parties. in the event that any provision of this Agreement is determined to be void, invalid, or
unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be
affected.
10. NOTICE. Any written notice provided under this Agreement may be sent via overnight mail,
certified mail,
hand delivery or electronic mail with delivery confirmation, to the individuals and addresses listed below.
11 . BINDING, This Agreement shall inure to the benefit of and be binding upon the legal
representatives and
successors of the parties.
ACCEPTED AND APPROVED:
SOLITUDE LAKE MANAGEMENT, LLC Town of Queensbury
By: By:
Name: Name:
Title: Title:
Date: Date:
Please Remit All Payments to: Customer's Address for Notice Purposes:
1320 Brookwood Drive Suite H
Little Rack, AR 72202
Please Mail All Contracts to.
2844 Crusader Circle, Suite 450
Virginia Beach, VA 23453
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.
SOLITU D E LAKEMANAG E M ENT.CO M
888.480.LAKE (5253)
Glen Lake - Town of QueensburW NY V2
2023 Lake Management Contract
Page 5 of 6
SCHEDULE A -- MANAGEMENT SERVICES
Task i :Permittina:
SOLitude staff will be responsible for the following:
1 . Preparing and submitting NYSDEC Aquatic Pesticide and Freshwater Wetland permits as needed,
including the required NYSDEC permit fees.
2. Updating the NOI and PDMP for Glen Lake if needed.
3. Collecting address list and mailing of notification to all riparian owners as required downstream.
4. Notifying the client of any restrictions or special conditions put on the site with respect to any
permit received_
5. Posting the shoreline with water use restrictions prior to application.
6. Filing of any notices or year-end reports with the appropriate agency_
Client Responsibilities:
1 . Client will be responsible for the fallowing:
a . Providing suitable launching site for boats on trailers for treatments and inspections.
b. Providing information required for the permit application process upon request.
c. Compliance with any Conditions or other special requirements or conditions
required by the local municipality, unless otherwise agreed to in writing by SOLitude.
d. Compliance and enforcement of temporary water-use restrictions where applicable.
e. Removal of warning posters once water use restrictions are removed.
f. Payment of the annual NGN fee of $1 10.00 invoiced to Queensbury by NYSDEC.
Task 2: Pre-Treatment Survey:
1 . The lake will be surveyed focusing on the proposed treatment areas in Spring, once pondweed
growth is observed.
2. The survey will confirm the presence of target plants in the treatment areas and will determine
which of the preps will be treated under the approved permit.
Task 3: Aauathol k Treatment:
9 . Glen fake will be treated for control of Illinois Pondweed and Brittle Naiad as the permit
allows.
2. A minimum of 5 acres in total will be treated, to a maximum of 34 acres or the limit
identified in the approved NYSDEC permit.
3. The herbicide Aauathol K {endothall] will be applied at a rate of 3.5 ppm.
4. Swimming will be restricted in the lake until the day after application.
5. Drinking water use will be restricted until sample results "indicate that the level of
endothall in the woter is less than 50 ppb. This may take 10- 15 drays to confirm and get
approval 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.
Sf 7LITU DELAKE MANAG EM E NT.COM
888.480.LAKE (5253)
Glen Lake — Town of QueensbuM NY V2
2023 Lake Management Contract
Page 6 of 6
6. There will be no restriction on fishing or irrigation use following application.
Task 4: Herbicide Residue S p it a:
1 . Following treatment, SOLitude will collect two water samples 14-30 days after treatment
for analysis of herbicide residue according to the NYSDEC permit requirements.
2. Additional sample dates will be conducted as necessary to fulfill permitting requirements
until below the applicable thresholds to lift water-use restrictions.
Task 5: Aauatic Plant Mapping Survey.
I . A point-intercept plant survey will be performed in August/September to assess
treatment results and help guide future nuisance plant management and potential
herbicide treatment needs in the lake for the following year.
2. The survey will duplicate past mapping survey efforts for easy year-to-year comparison.
3. A resort will be submitted in November-December summarizing the plant survey results
and recommending actions for the following year,
Task 6: Year End Report,-
1 - The NYSDEC Annual regulatory compliance reporting will be fulfilled as required.
Option Task 7: ProcellaCOR EQ, treatment
1 . If requested and authorized, Glen Lake will be treated in 2023 using ProcellaCOR EC
herbicide for the control of eurasian watermilfoil.
a . The initial application will be performed in late May or June prior to maximum plant
growth, using a rate of 2 PDU's/acft. (3.86 ppb) .
b. The application will target eurasian watermilfoil growth in a minimum of 5 acres, as
needed and confirmed by the GLPA .
c. ProcellaCOR EC application will restrict water use for irrigation and livestock watering
until concentrations are below 1 ppb. The restriction does not apply to turfgrass
irrigation.
Task 7a__ProcelloCOR EC Samtalincr
I . Water samples will be collected following ProcellaCOR EC application for herbicide
residue testing, as required by NYSDEC.
2. Samples will be collected 5- 10 days after application . only one round of sample
collection is expected to be necessary.
3. Samples will be shipped overnight to SePR0 labs in Whitakers, NC for analysis.
4. Sample results will be reported to the GLPA and the NYSDEC upon receipt from the
lab.
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.
SOLITU DEL.AKEMANAGEM ENT.COM
888.480_LAKE (5253)