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5.11 5.11 SERVICES\Solitude Lake Management—Hovey Pond—Waive Purchasing Policy—2-22-16 RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE MANAGEMENT FOR PROVISION OF HERBICIDE TREATMENT FOR CONTROL OF NUISANCE AQUATIC VEGETATION AND INVASIVE PLANTS IN CONNECTION WITH AN AQUATIC VEGETATION MANAGEMENT PROGRAM FOR HOVEY POND RESOLUTION NO.: ,2016 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Town of Queensbury's Director of Parks and Recreation and Recreation Commission,with the assistance of Chazen Engineering,have proposed a plan to be phased in over five years to control nuisance aquatic vegetation and invasive plants at Hovey Pond Park in order to improve the water quality and control of invasive vegetation in the water and along the shoreline, and WHEREAS, by previous Resolutions, the Town Board has authorized engagement of Solitude Lake Management, formerly known as Allied Biological, for the Aquatic Vegetation Management Program for Glen Lake within the Town for 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 without soliciting multiple vendors,and WHEREAS, the Town Board therefore wishes to engage the services of Solitude Lake 1 Management for an Aquatic Vegetation Management Program for Hovey Pond in accordance with Solitude Lake Management's February 5,2016 proposal 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 the Queensbury Town Board reviewed SEQRA and determines that there shall be a Negative Declaration,and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Solitude Lake Management for an Aquatic Vegetation Management Program for Hovey Pond to be phased in over five years, such Program to provide for herbicide treatment for control of nuisance aquatic vegetation including various species of Pondweeds and invasive plants, in accordance with Solitude Lake Management's February 5, 2016 proposal presented at this meeting, for a cost of$14,200 for 2016, and up to a total cost of $41,900 over five years, which includes Solitude Lake Management's administration of the Aquathol-Super K treatment, Copper Sulfate and Rodeo, mechanical removal and disposal of emergent plants, and DEC permitting fees of $1,500, contingent upon the Town's receipt of a proper certificate of insurance in form acceptable to the Town, and the final agreement to also be in form acceptable to the Town Supervisor and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Hovey Pond Misc. Contractual Account No.: 146- 7110-2899 not to exceed $14,200 for 2016 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Recreation Assessment Reserve Fund No.: 61 in the amount of$11,000 for additional improvements and water quality upgrades at Hovey Pond to Hovey Pond Capital Park Improvement Fund No. 146 and authorizes and directs the Town Budget Officer to increase appropriations and make any other needed budget transfers in such accounts deemed necessary by the Town Budget Officer and/or Parks and Recreation Director, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for such Park improvements are expenditures for specific capital projects and certain maintenance projects for which the Reserve Account was established,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor, Town Budget Officer, Parks and Recreation Director and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution,and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 22nd day of February, 2016,by the following vote: AYES : NOES : ABSENT: QiI..� 11V.III lilV✓ll r, " 4 LAKE,..,,'MA N AG EN!ENT t. July 21,2015 Revised &resubmitted February 5,2016 Steven Lovering, Director Parks and Recreation Town of Queensbury 742 Bay Road Queensbury, NY 12804 2016 AQUATIC VEGETATION MANAGEMENT HOVEY POND WARREN COUNTY, QUEENSBURY, NY SOLitude Lake Management is submitting this revised proposal to conduct Aquatic Vegetation Management in 2016 for Hovey Pond and its environs. The pond is within the limits of NYSDEC regulated freshwater wetland GF-25,which will influence what work is approved by NYSDEC.Our proposed management services include herbicide treatments for control of nuisance aquatic vegetation including various species of Pondweeds (Potamogeton pusillus) and (Potamogeton berchtoldii). Currently there is a healthy diversity of beneficial aquatic plants that have unfortunately reached a nuisance level. A secondary goal of the aquatic management program is control of the invasive plants common reed (Phragmites australis) and Japanese knotweed (Fallopia japonica). These plants exist around the pond, as well in the adjacent wetland area. Actual Management work will start as early as May,2016, pending NYSDEC permit approval. SUBMERSED PLANTS AND ALGAE The herbicide of choice to treat submerged vegetation within Hovey Pond is granular Aquathol Super K (endothall). Aquathol Super K generally controls plants within 10-14 days. The application takes one day,and water use for irrigation is restricted for 7 days following application. Using a granular herbicide allows selective treatment in areas that have become a nuisance,while trying to maintain beneficial plants in other areas of the pond.The goal is to maintain a healthy level of aquatic vegetation. After plants are treated they decay, releasing nutrients. These nutrients may temporarily increase productivity of algae. Due to the abundant vegetation in Hovey Pond,we are recommending a permit application also be submitted for copper sulfate, if needed. Copper sulfate is the most widely used algaecide,and is commonly used to control algae in drinking water reservoirs. Like most 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. 580 ROCKPORT ROAD, HACKETTSTOWN, NJ 07840 ( 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM • Page 2 of 5 algaecides, copper sulfate works quickly (48-72 hours), but does not impact new algae growth after that period. INVASIVE EMERGENT PLANTS In addition to submersed plant control, a foliar application is recommended for treatment of Phragmites and Japanese Knotweed around the pond perimeter and within the adjacent wetland area. Rodeo (glyphosate), a contact herbicide that will readily be absorbed and reduce the energy source in the roots for subsequent years will be permitted. The total estimated acreage of Phragmites is -1.25 acres. Herbicide treatment will be scheduled between August 15, 2016 and October 1, 2016 with the intent to provide the greatest possible impact to the plant root systems. Earlier application will not impact the root systems. The proposed treatment will use backpack sprayers to apply the herbicide.Although some contact of desirable vegetation is unavoidable, every precaution will be taken to minimize overspray and damage non-target vegetation. Treatment is estimated for a single day. Water use restrictions will be posted in the vicinity at the time of treatment. The client is responsible for removal of any treatment postings upon expiration. NYSDEC regulations require prior notification of treatments seven days in advance. MECHANICAL REMOVAL At least 60 days following the herbicide application,the treated plants may be cut above the soil surface and removed from site. Cuffing will be done using hand-held weed cutters with steel blades. Cut stems will be transferred to a vehicle for disposal off site. This work will preferably be completed during the winter months (November-March) when impact to the wetland will be minimized. An Argo amphibious, tracked vehicle with a ground pressure of<2psi will be used to move material from access points on the site to the removal vehicle. Removal of dead standing plants is beneficial in dense infestations to allow he soil to support new plants the following season. PERMITS SOLITUDE LAKE MANAGEMENT will prepare and submit the appropriate permit applications. Permit approval will require approximately 8-12 weeks to obtain. Three new Aquatic Pesticide Permits and a Wetland Permit will be required for 2016. Current NYSDEC permitting requirements must include compliance with the State Pollution Discharge Elimination Permit (SPDES). SOLITUDE LAKE MANAGEMENT will submit the SPDES NOI application in 2016. CLIENT RESPONSIBILITIES 1. Conduct the NYSDEC riparian owner and user notification of properties within the treatment area and within '/2 mile downstream. SOLITUDE LAKE MANAGEMENT can conduct this 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. 580 ROCKPORT ROAD, HACKETTSTOWN, NJ 07840 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM • • Page 3 of .®er notification for an additional fee of$5.75 per piece. The Client is responsible for supplying the appropriate list of addresses for this notification. 2. Enforce any water use restrictions imposed by NYSDEC. CERTIFICATION SOLITUDE LAKE MANAGEMENT is listed with the NYSDEC as a registered applicator of aquatic herbicides and algaecides. Supervisory personnel and applicators hold current certification from the Department. INSURANCE SOLITUDE LAKE MANAGEMENT carries Workers Compensation, General Liability, Property Damage, Professional Liability, and Environmental Liability Insurance, which will remain in full effect throughout the term of this contract. A certificate of insurance is available upon request. CONTRACT PRICE: The fees to conduct Aquatic Vegetation Management for Hovey Pond in 2016 are based on the following treatments: Aquathol Super K- submersed plants $2,755.00 Copper Sulfate -algae $ 683.00 per treatment Rodeo -invasive, emergent plants $2,510.00 Mechanical Removal & Disposal-emergent plants $7,330.00 NYDEC Permitting Fees $1,500.00 (Payment of fees does not guarantee that a NYSDEC permit will be approved) Permitting fees are non-refundable, and are due upon acceptance of the contract. Treatment services will be invoiced following each application. Applications will only be conducted upon request and approval of the Town of Queensbury. ACCEPTANCE PAYMENT TERMS: Acceptance of this Proposal can be made by returning of one signed copy. Please include the 2016 permit application fee and modeling fee ($1,500.00) made payable to SOLitude Lake Management with the signed agreement. 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. 580 ROCKPORT ROAD, HACKETTSTOWN, NJ 07840 1 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM Page 4 of 5 General Conditions • Company will continue to maintain all appropriate licensing necessary to perform all specified work in a safe and legal manner throughout the entire contract period. • Company will furnish personnel, equipment, boats, materials, and other items required to provide the forgoing at his expense. • Company is dedicated to environmental stewardship in all of its work and maintains a diligent program to recycle all plastic containers, cardboard, paper and other recyclable wastes generated through the performance of our contract work. • Company will maintain general liability and workman's compensation insurance. • Company 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 Company by the Client that are not covered specifically by the written specifications of this contract. • Neither party may assign this Agreement without the written consent of the other party; provided, that Company may assign this Agreement upon the merger,reorganization, consolidation, change of control or sale of all or substantially all of the assets of Company. This Agreement shall inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns. • 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. • The Client covenants and agrees to pay reasonable attorney's fees and all other related costs and expenses for collection of past due invoices and account balances and for any other actions required to remedy a material breach of this contract. APPROVED: SOLitude Lake Management® Town of Queensbury (Authorized Signature) (Print Name and Title) (Date) 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. 580 ROCKPORT ROAD, HACKETTSTOWN, NJ 07840 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM Mr.Steven M.Lovering December 1,2015 Page 5 of 6 Schedule and Budget. The table below outlines the capital costs of our recommended path for moving ahead with pond remediation. Hovey Pond Capital Improvement Plan Budget Year 1 Approximate Cost Application of the aquatic herbicide endothall to reduce growth of aquatic macrophytes. $2,800.00 Treatment of the pond with copper sulfate to reduce algal growth (assuming two treatments @$683.00 per treatment) $1,400.00 Application of glyphosate herbicide to control emergent invasive plants on the edge of the pond,along Halfway Brook,and within the adjacent wetland $2,600.00 Removal and disposal of cut stems of common reed from the adjacent wetland $7,400.00 Year 1 total $14,200.00 Year 2 Treatment with copper sulfate for algae control,if necessary(assuming two treatments) $1,400.00 $20,000.00- Install new Inlet Structure $25,000.00 $215 00 (tipping ee allowance is $95,000 of thi cost,if sedi t is Dredgi approxi ely 1200—CY in th extreme of pon ncludes an then en ' eerin rveying,design, mitting assistance allowance for ti g fees may be tiff ping s.) drastically reduced) $236,400 Year 2 total _ ,400.00 Year 3 Introduction of Triploid Grass Carp—cost includes obtaining NYSDEC permit. $2,500.00 Cost of modification of outlet and inlet structure to keep carp from leaving the pond(Assumed local welder can create grates) $1,500.00 Treatment with copper sulfate for algae control,if necessary(assuming one treatment) $700.00 Year 3 Total $4,700.00 Year 4 Treatment with copper sulfate for algae control,if necessary(assuming one treatment) $700.00 Year 4 total $700.00 Year 5 Install new Inlet Structure and header(flow distribution to SW area of pond,assume survey from dredging work already complete) $40,000.00 R:\9\91300-91399\91355.00 T Queensbury-Hovey Pond\DOCS\91355.00 recommendations letter-2015-12-1-RPF edits.docx Mr.Steven M.Lovering December 1,2015 Page 6 of 6 Hovey Pond Capital Improvement Plan Budget Second stocking of Triploid Grass Carp—cost includes obtaining NYSDEC permit. $1,900.00 Year 5 total $41,900.00 I hope that this letter has provided you with the information you need to proceed with addressing the problems in Hovey Pond. Please do not hesitate to contact me if you have questions. Sincerely, And 141-"P-.)t ) Richard P.Futyma,Ph.D. Sean M.Doty,P.E.,LEED AP Environmental Scientist Manager,Municipal Engineering Service Initials/encl.etc. Figure A—Standpipe Schematic Figure B—Pond Inlet Modification Schematic—Year 2 Figure C—Pond Inlet Modification Schematic—Year 5 cc: Eric Johnson,PE,Director,Municipal Services R:\9\91300-91399\91355.00 T Queensbury-Hovey Pond\DOCS\91355.00 recommendations letter-2015-12-1-RPF edits.docx