4.03 4.3
SERVICESWqualogic—Glen Lake Aquatic Project 2019—Diver DASH Day —3-18-19
RESOLUTION AUTHORIZING ENGAGEMENT OF
AQUALOGIC, INC. FOR DIVER ASSISTED SUCTION HARVESTING
IN CONNECTION WITH GLEN LAKE AQUATIC VEGETATION
MANAGEMENT PROGRAM
RESOLUTION NO.: ,2019
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.: 349,2018, the Town Board adopted the Glen Lake Aquatic
Plant Growth Control District Benefit Tax Roll,and
WHEREAS, by Resolution No.: 277,2018, the Town Board authorized engagement of
Aqualogic, Inc. for an Aquatic Vegetation Management Program for Glen Lake in 2018, and
WHEREAS, the Town has received a proposal from Aqualogic, Inc. for an Aquatic
Vegetation Management Program for Glen Lake in 2019 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, 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 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 the Queensbury Town Board hereby authorizes engagement of
Aqualogic, Inc. for an Aquatic Vegetation Management Program for Glen Lake 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$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 18"'day of March, 2019,by the following vote:
AYES
NOES
ABSENT:
AQUA LOG K
+N TE L - ;MIC M.AMAL'iEMENt
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 2019 Suction Harvesting services on Glen 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 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 151h 2018 and finish before Nov. 301h
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) Queensbury shall pay Aqualogic a down payment of$7,040.00(20%of Project) prior to April 15t,
2019.Once work has commenced,Queensbury shall pay Aqualogic another$7,040.00(20%of
Project).After work is complete Queensbury shall pay Aqualogic for the remainder of the
contract within thirty(30)days of receiving the final invoice.
Contract for Services
AQ,U�A I QGK
ANT ELIiGENi AQUATIC MnNf.G EM
7) 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.
8) This contract may not be assigned.
9) 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.
10) This contract contains the entire understanding of the parties and may not be amended or
changed except by written instrument signed by the parties.
11) 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.
12) 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.
13) Aqualogic extends to Queensbury the option to contract Aqualogic as their sole milfoil
contractor for the 2020,2021,and 2022 seasons with a 4%cap on annual rate increases provided
that said additional contract is signed prior to Oct. 1,2019.
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
MTELL.GENT AQJAHC MANAGEMENT
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 2019.
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: Date:
Name: Dominic Jude Name:
Title:Owner Title:
I have authority to bind the Company. Duly Authorized
Contract for Services
ri
s t;
Diver Assisted Suction Harvesting (D.A.S.H)
The process of hand harvesting and DASH harvesting is the same. Essentially you are hand pulling every
plant you just have a more efficient way to get the plants to the surface. DASH harvesting is much more
effective than bag/hand harvesting in large patches of invasive aquatic species_
For each DASH operation there are three on site personnel.Attached to each DASH boat is a suction
hose of varied lengths (30ft, 50ft,75ft etc.).The diver works at the end of the hose harvesting the
invasive species with both hands. Divers are trained to keep as much sediment undisturbed as possible
when harvesting.This includes using both hands to squeeze the root of the plant(the crown) before
lifting it from the bottom and placing it in the suction hose.This allows the diver to keep his visibility.
The suction hose does not come in contact with the lake bottom when harvesting. Instead it is attached
to the divers BC(buoyancy compensator) by a tether and suspended off the bottom with a buoy.The
end of the hose remains at least 1 ft off the lake bottom when harvesting, keeping any unnecessary
sediment from entering the hose.Any sediment that does get sucked into the hose is either collected
with the invasive weeds or sent through the filtration tray.
AQ: U...AL_ 0G1 C.
iNTELLiGENT AQUATIC MANAGEMENT
Glen Lake 2019 DASH Bid
1.) Team Information Cost $800.00/day
Number of Divers 2
Number of Surface Support Personnel 1
Other Staff 0
Personnel Info:
• The work crew consists of 3 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.The head
diver has a Commercial Boating License.All team members are CPR/AED/First Aid
trained and certified per OSHA regulations.Aqualogic is approved by the APA and meets
all local and federal regulations.
• Head Diver-The head diver is the point man of the DASH operation. He completes the
milfoil harvesting, directing his/her crew through the different areas of Lake Minerva in
the most efficient manner possible.
• Safety Diver-The safety diver makes sure that the equipment(DASH boat,dive
equipment,ect.)are always clean and organized at the end of the day.
• Tender-The tender's role is to keep the DASH operation running.This includes moving
the milfoil from the screen to buckets,changing the gas and oil for the engine, priming
the foot valve and assisting the diver with his equipment as he enters and exits the
water.They fill out the data sheets at the end of the day and send them to the project
manager.All tenders are trained in the spotting and handling of milfoil.
• Project Manager—Dominic Jude is the project manager for all NY contracts. He receives
the daily reports from the tender.At the end of each work week he sends the daily
harvest reports and a harvest map to the local assocaition.
2.) Equipment Cost $200.00/day
Description of Equipment to be used/provided:
• Garmin GPS—Progress maps and reports are sent at the end of each work week.
• All needed SCUBA equipment
• Liquivision Dive Watch
• Go Pro for Video (if need be)
• DASH Unit
• 33 gallon Brute Buckets
• Drop down poll for DASH unit—This poll drops through a hole in the deck and keeps the
boat in place.
3.) Cost per day $200.00+$800.00
$ 1000.00/Day
Description of DASH/Bag Harvesting 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.
4.) One Time Set Up Fee $200.00
5.) Estimated Project Cost:
• Based on 35 Days $35,200.00