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4.7 4.7 SERVICES\Solitude Lake Management—Glen Lake Aquatic District—Addendum—3-5-18 RESOLUTION AUTHORIZING CONTRACT ADDENDUM WITH SOLITUDE LAKE MANAGEMENT REGARDING THE 2018 LAKE MANAGEMENT AND AQUATIC VEGETATION INSTALLATION FOR GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: ,2018 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 79,2018, the Queensbury Town Board authorized engagement of Solitude Lake Management (Solitude) for the Aquatic Vegetation Management Program for Glen Lake for the amount of $43,030 in accordance with Solitude's January 1, 2018 through December 31, 2018 Contract, and WHEREAS, Solitude has presented the Town Board with a Contract Addendum dated February 21, 2018 for additional services providing for Solitude collecting the riparian and downstream address list for notification for an additional sum of$900, and WHEREAS, the Town will continue to adhere to all New York State Law bidding requirements as well as the terms and conditions of its Contract with Solitude dated January 1, 2018 through December 31, 2018, and WHEREAS, the Town Board wishes to authorize such Addendum as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Contract Addendum with Solitude Lake Management dated February 21, 2018 regarding Solitude's additional services related to the Aquatic Vegetation Lake Management Program for Glen Lake for the additional amount of$900, 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 in the additional amount of $900 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 Addendum substantially in the form presented at this meeting 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 5ffi day of March, 2018,by the following vote: AYES NOES ABSENT: SOLITUDE w :R_ LAKE MANAGEMENT CONTRACT ADDENDUM PROPERTY NAME: Glen Lake CONTRACT DATE: February 21, 2018 SUBMITTED TO: Glen Lake Protective Association and Town of Queensbury SUBMITTED BY:Shane Edwards SPECIFICATIONS: This addendum is to be noted as "Letters of notification". Please note that section "f" of the original contract under "Client Responsibilities" has been updated.This document serves as an addendum to the previously executed Lake Maintenance Contract. The price indicated in this contract shall be billed in addition to the regular monthly invoice amount, and shall renew with the same terms and for the same time period as the existing contract. 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. Printing and providing posters for riparian notification requirements e. Collecting address list for letters of notification to all riparian owners and 22.98 miles downstream. 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. f. Sending out letters of notification to all riparian owners and 22.98 miles downstream. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM 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. Contract Addendum Page 2 of 2 CONTRACT PRICE: $900.00 1) An invoice will be submitted upon receipt of this contract. APPROVED: SOLitude Lake Management® Town of Queensbury (Authorized Signature) hn F 5treu' Qh, Tam Spervisor Mucci() ZO I o (Print Name and Title) (Date) Thef Stewards ofWater 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. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUOELAKEMANAGEMENT.COM RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE MANAGEMENT FOR 2018 LAKE MANAGEMENT CONTRACT IN CONNECTION WITH GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: 79,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs.Jennifer Switzer 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.: 277,2017, the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, by Resolution No.: 85,2017, the Town Board authorized engagement of Solitude Lake Management for the Aquatic Vegetation Management Program for Glen Lake in 2017, 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 program for Glen Lake for the amount of$40,240, and for a "Curtain Installation" to reduce non-target impacts to aquatic vegetation for the additional sum of $2,800, in accordance with Solitude Lake Management's January 1, 2018 through December 31,2018 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 reviewed SEQRA and determines that there shall be a Negative Declaration, 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 $40,240, plus an additional amount of $2,800 for "Curtain Installation" in accordance with Solitude Lake Management's January 1, 2018 through December 31, 2018 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 $43,040 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Contract with Solitude Lake Management, Permit Applications with the New York State Department of Environmental Conservation and/or any other needed documentation and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 12th day of February,2018, by the following vote: AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT:None = t i , ^ti-. 7* 3jd -?-�_"'"t- ,� -ti•7,.3t-}y'5kr ..,t -sY N R E.IiFir .IVf'' ` :rsy k,., � w 4x • • si rt cr$ ks' 5 - ' p"�c ,, LviGti3' f- . . '.,— E'.--k-,--,---._ - , S -. h fai .` Y, ;Jd .w. _ `.yam sr 1nr • Y .fLjTUD S £ E _ - . r ._ LAKE:'MAANAGEMENT " ' LAKE MANAGEMENT CONTRACT PROPERTY NAME: Glen Lake CONTRACT TERM: January 1, 2018 through December 31, 2018 SUBMITTED TO: Town of Queensbury and Paul Derby, Glen Lake Protective Association SUBMITTED BY: Brad Bowers DATE: November 20, 2017 SPECIFICATIONS: the scope of work described below includes services for managing invasive plant growth in Glen Lake during the 2018 season. This contract includes a spot treatments of Eurasian Water Milfoil in 2018. We guarantee greater than 85%control of EWM within the treatment areas. 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. Printing and providing posters for riparian notification requirements Pre-Treatment Survey: 1. An early season survey/inspection will be performed in April or May to determine the distribution and extent of invasive plant growth targeted for treatment. Lake Aquatic Weed Control: 1. Lake will be treated in 2018 using Renovate 3 herbicide for the control of Eurasian Water Milfoil. A spot treatment program will be performed that targets in-water concentrations of 2-2.2 ppb. The initial application is expected to occur during the May. Post Treatment Survey: 1. Post-treatment inspections will be performed following each herbicide treatment to assess treatment effectiveness. 2. Water samples will be collected during inspections for herbicide residue testing, as required 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. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM Glen Lake Conservation Society_NY rr�'\, Lake Management Contract_BB --fl Page2of6 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 submitted in November. 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. f. Posting the shoreline with signs warning of the temporary water use restrictions to be imposed following treatment. SOLitude to provide pre-printed posters. 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 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 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. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM Glen Lake Conservation Society_NY Lake Management Contract_BB Page 3 of 6 made. All staff will be fully trained to perform all applications in compliance with all federal, state, and local law. 6. Contractor will furnish the personnel, equipment, materials, and other items required to provide the forgoing at his expense. Equipment will include trucks, boats, amphibious vehicles, all-terrain vehicles, utility vehicles, high volume tank sprayers, low volume tank sprayers, back- pack sprayers and other small equipment as required to properly access and perform treatments in the designated areas. 7. Contractor will maintain general liability and workman's compensation insurance. 8. Customer understands and acknowledges that there are irrigation restrictions associated with many of the products used to treat their lakes and ponds. The customer 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 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 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 times lakes and 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 customer 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 customer also understands and accepts that similar risks would remain if the algae or submersed invasive vegetation present in the lake goes uncontrolled, as it will over time interfere with the health and well being of the existing fish population. The customer 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 is not responsible for treatment failures that result from dam or other structural failures, severe storms, flooding, or other acts of God that are outside of the control of the contractor. 11. 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. Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SbLitude 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. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM • Glen Lake Conservation Society_NY Lake Management Contract_BB Page 4 of 6 12. The customer 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 customer. 13. The customer 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 with NYSDEC-inclusive of three (3) products and a meeting with the NYSDEC. (Note:any changes to the 2017 permitting process, may incur additional charges.) Jan/Feb $2,060.00 Payment due with contract signing Task 2: Perform pre-treatment survey and prepare final treatment maps. April/May $1,440.00 Payment due upon completion Task 3: Perform chemical treatment of up to 16 acres with Renovate 3 @ herbicides inclusive of all 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) May $30,395.00 Payment due upon completion Task 4: Post-treatment survey, herbicide residue testing assuming 2 sampling round and analysis of 5 samples is required, preparation and submittal of the required written project completion report to the State. (Note: The number and frequency of post-treatment herbicide residue samples is determined by the NYDEC following approval of the NYDEC final treatment map.SOLitude is only responsible for coordination of sample collection and has no influence on the number of samples required by the NYSDEC Permit. Should additional sampling be required, there will additional charges of $150-$250/sample analyzed and$350-$650 per sample collection round.) June_ $2,095.00 Payment due upon completion Task 5: Late Season Vegetation Survey and Year End Report, including annual regulatory compliance reporting. August/September $4,250.00 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. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM • Glen Lake Conservation Society_NY +. Lake Management Contract_BB Page 5 of 6 �" Total: $40,240.00* *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) (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. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM t /-� Glen Lake Conservation Society_NY f` Lake Management Contract_BB -' Page 6of6 ' ADDITIONAL RECOMMENDATIONS: Curtain Installation, Glen Lake: Our 2018 permit to treat Glen Lake requires the installation of two curtains to reduce non- target impacts to aquatic vegetation. Below is the contract price for the installation of 2 (two) -4 (four) curtains which will be installed in the inlet of the Main Inlet. SOLitude Lake Management will install the curtains prior to treatment and remove once the permit requirements have been met. ADDITIONAL PRICE: $2800.00 *NY Sales Tax will be added if applicable* APPROVED: SOLitude Lake Management® Town of Queensbury (Authorized Signature) (Print Name and Title) (Date) PREFHtRED • 4.':-,,.• 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. P.O. BOX 969, VIRGINIA BEACH, VA 23451 I 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM