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2.08 2.8 SERVICES\Aqualogic—Glen Lake Aquatic Project—Diver DASH Day —7-16-18 RESOLUTION AUTHORIZING ENGAGEMENT OF AQUALOGIC, INC. FOR DIVER ASSISTED SUCTION HARVESTING IN CONNECTION WITH GLEN LAKE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.: ,2017 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, Resolution No.: 277,2017, the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, the Town has received a proposal from Aqualogic, Inc. for an Aquatic Vegetation Management Program for Glen Lake in 2018 for an amount of$1,000 per day for up to 35 days, plus a one-time set up fee of$200, not to exceed a total of$35,200, such Program to consist of Diver Assisted Suction Harvesting (D.A.S.H.) to control invasive aquatic species within portions of Glen Lake, and WHEREAS, a copy of Aqualogic, Inc.'s proposed Contract for Services is presented at this meeting, and WHEREAS, by Resolution Nos: 111,2017 and 201,2017, the Town Board authorized engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Lake Sunnyside in 2017, and WHEREAS, in Chapter IV(3)(C)(2)(0 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 Glen Lake in 2018, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Glen Lake in 2018 for an amount of$1,000 per day, plus a one-time set up fee of $200, not to exceed a total of $35,200, in accordance with Aqualogic, Inc.'s "Contract for Services" 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 Glen Lake, 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 $35,200 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 for Services substantially in the form presented at this meeting and any 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 16ffi day of July, 2018,by the following vote: AYES NOES ABSENT: AQUALOGIC WELL GENT AQUATIC MANAGEMENT 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 2018. 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 35 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 2018 and finish before Nov. 30" 2018.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$35,200.00. 6) Aqualogic shall submit invoices to Queensbury on a monthly basis,calculated in half day,full day increments. Invoices shall include harvest reports for each day worked and a harvest map for the week. Payment shall be made within thirty(30)days of acceptance of a complete invoice. Harvest reports shall comply with the terms of conditions of the DEC permit. Contract for Services AQUALOGIC NIELL GEN1 t•„Uh1IC MANAGcMEN1 7) Down Payment:Queensbury shall pay Aqualogic$2000.00 prior to commencement of work.This payment will be deducted from the first invoice. 8) 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 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. 9) This contract may not be assigned. 10) 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. 11) This contract contains the entire understanding of the parties and may not be amended or changed except by written instrument signed by the parties. 12) 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. 13) 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. 14) Aqualogic extends to Queensbury the option to contract Aqualogic as their sole milfoil contractor for the 2019,2020,and 2021 seasons with a 4%cap on annual rate increases provided that said additional contract is signed prior to Oct. 1,2017. CONTRACTOR:Aqualogic, Inc. CLIENT:Town of Queensbury Date: Date: Name: Dominic Jude Name: Title:Owner Title: I have authority to bind the Company. Duly Authorized Contract for Services AQUALOGIC NULL`GN7 AQJAIIC MANAG M.N1 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 2018. 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 Glen 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: Date: Name: Dominic Jude Name: Title:Owner Title: I have authority to bind the Company. Duly Authorized Contract for Services RESOLUTION ADOPTING 2017 GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO. 277,2017 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbuiy Town Board previously scheduled a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2017 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 25th, 2017 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbuiy Town Board hereby approves, confirms and adopts the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2017, 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 25`1' day of September, 2017 by the following vote: AYES : Mr. Brewer,Mr. Strough, Mr. Metivier,Mr. Clements NOES : None ABSENT:Mr. Irish RESOLUTION AMENDING RESOLUTION NO.: 111,2017 REGARDING ENGAGEMENT OF AQUALOGIC, INC. RELATING TO GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: 201,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 111,2017 the Queensbury Town Board authorized engagement of Aqualogic, Inc., for an Aquatic Vegetation Management Program for the Glen Lake Aquatic Plant Growth Control District in 2017 for an amount of$975 per day, plus a one-time set up fee of$200, not to exceed a total of$14,825, such Program to consist of Diver Assisted Suction Harvesting(D.A.S.H.)to control invasive aquatic species within portions of Glen Lake, and WHEREAS, the Glen Lake Association has presented the Town Board with a revised Contract for Services from Aqualogic, Inc., providing for an additional 10 days of harvesting during 2017,resulting in a total cost not to exceed a total of$24,575, and WHEREAS, the Town Board wishes to authorize such 10 additional days of harvesting services and increase in total amount of the Contract in accordance with the revised Contract for Services from Aqualogic, Inc., presented at this meeting, and amend Resolution No.: 111,2017 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 111,2017 and authorizes engagement of Aqualogic, Inc., for an Aquatic Vegetation Management Program for the Glen Lake Aquatic Plant Growth Control District in 2017 for an amount of$975 per day, for up to 25 days, plus a one-time set up fee of$200, not to exceed a total of$24,575, such Program to consist of Diver Assisted Suction Harvesting (D.A.S.H.) to control invasive aquatic species within portions of Glen Lake as set forth in Aqualogic, Inc.'s "Contract for Services" substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 111,2017 in all other respects. Duly adopted this 17`h day of July, 2017, by the following vote: AYES : Mr. Metivier, Mr. Clements, Mr. Brewer, Mr. Strough NOES : None ABSENT: Mr. Irish RESOLUTION AUTHORIZING ENGAGEMENT OF AQUALOGIC, INC. FOR DIVER ASSISTED SUCTION HARVESTING IN CONNECTION WITH GLEN LAKE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.: 111,2017 INTRODUCED BY: Mr.Tim Brewer 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, Resolution No.: 288,2016, the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, the Town has received a proposal from Aqualogic, Inc. for an Aquatic Vegetation Management Program for Glen Lake in 2017 for an amount of$975 per day,plus a one- time set up fee of$200, not to exceed a total of$14,825, such Program to consist of Diver Assisted Suction Harvesting (D.A.S.H.) to control invasive aquatic species within portions of Glen Lake, and WHEREAS, a copy of Aqualogic, Inc.'s proposed Contract for Services is presented at this meeting, and WHEREAS, by Resolution No.: 298, 2016, the Town Board authorized engagement of Aqualogic,Inc. for an Aquatic Vegetation Management Program for Lake Sunnyside in 2016, 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 Glen Lake in 2017, and WHEREAS,the Town will adhere to all New York State Law bidding requirements as may be applicable, and WHEREAS,this contract is authorized by Town Law§198(10)(e), 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 Glen Lake in 2017 for an amount of$975 per day, plus a one-time set up fee of$200, not to exceed a total of$14,825, in accordance with Aqualogic, Inc.'s "Contract for Services" 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 Glen Lake, 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 $14,825 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 for Services and any 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 17th day of April, 2017,by the following vote: AYES : Mr. Strough, Mr. Metivier,Mr. Clements, Mr. Irish, Mr. Brewer NOES : None ABSENT: None