Loading...
4.06 4.6 SERVICES\Solitude Lake Management—Glen Lake Aquatic District for 2020—Waive Purchasing Policy—3-9-20 RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE MANAGEMENT FOR 2020 LAKE MANAGEMENT CONTRACT IN CONNECTION WITH GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: ,2020 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.: 308,2019, the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, by Resolution No: 60,2019, the Town Board authorized engagement of Solitude Lake Management for the Aquatic Vegetation Management Program for Glen Lake in 2019, 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 Contract for Glen Lake for 2020 for an amount of$47,655 in accordance with Solitude Lake Management's Lake Management Contract dated February 26, 2020 presented at this meeting, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and WHEREAS, the Town Board previously conducted SEQRA review and issued a SEQRA Negative Declaration in 2018, 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 an Aquatic Vegetation Lake Management program for the herbicide treatment for control of Eurasian water milfoil, Curly-Leaf Pondweed and Brittle Naiad within portions of Glen Lake for 2020 for the amount of$47,655 in accordance with Solitude Lake Management's February 26, 2020 Lake Management 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 $47,655 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 Lake Management Contract, 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 9th day of March, 2020, by the following vote: AYES : NOES : ABSENT: SQLITUDE LAKE MANAGEMENT LAKE MANAGEMENT CONTRACT PROPERTY NAME: Glen Lake-G1097 CONTRACT DATE: February 26, 2020 SUBMITTED TO: Town of Queensbury and Glen Lake Association SUBMITTED BY: Scott Conrade, Aquatic Biologist SPECIFICATIONS: Treatment of Eurasian watermilfoil, Curly-Leaf Pondweed, and Brittle Naiad using ProcellaCOR EC and Aquathol Super K aquatic technologies, respectively, in Glen Lake; inclusive of permitting, pre/post surveys, herbicide residue sampling and reporting. 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. Collecting address list and mailing of notification to all riparian owners as required downstream. Pre-Treatment Survey: 1. An early season survey/inspection will be performed in May to assess the Eurasian milfoil growth to finalize the treatment timing. Herbicide Treatment: 1. Glen Lake will be treated with ProcellaCOR EC for control of Eurasian watermilfoil and in up to 11.5 acres. 2. Glen Lake will be treated with Aquathol Super K for control of Curly-leaf Pondweed and Brittle Naiad in up to 9.2 acres. 3. Posting of water-use restriction warning posters as required by the NYSDEC issued permit. Herbicide Residue Sampling: 1. Following treatment, SOLitude will collect water samples for analysis of herbicide residue according to the NYSDEC permit requirements. 2. Additional samples will be collected as necessary to fulfill permitting requirements until below the applicable thresholds to lift water-use restrictions. 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. 20 MAIN STREET, WORCESTER, NY 12197 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM Glen Lake-Queensbury, NY Lake Management Contract Page 2 of 5 ;. Post Treatment Survey: 1. A post-treatment inspection will be performed following treatment to assess treatment effectiveness, during sample collection efforts. 2. A final point-intercept plant survey will be performed in August/September to help guide future nuisance plant management and potential herbicide treatment needs in the lake for the following year. 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 completed and provided in December. 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. 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 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. 20 MAIN STREET, WORCESTER, NY 12197 " 888.480.LAKE (5253) i SOLITUDELAKEMANAGEMENT.COM Glen Lake-Queensbury, NY Lake Management Contract Page 3 of 5 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 made. All staff will be fully trained to perform all applications in compliance with all federal, state, and local law. 6. Contractor will furnish personnel, equipment, boats, materials, and other items required to provide the foregoing at his expense. 7. Contractor will maintain general liability and workman's compensation insurance. 8. Client understands and acknowledges that there are irrigation restrictions associated with many of the products used to treat their ponds. The client 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 ponds for irrigation purposes. The client 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 client 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 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 client 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 client also understands and accepts that similar risks would remain if the algae or submersed invasive vegetation present in the pond goes uncontrolled, as it will over time interfere with the health and well being of the existing fish population. The client 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 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. 11. 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. 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. 20 MAIN STREET, WORCESTER, NY 12197 888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM Glen Lake-Queensbury, NY Lake Management Contract Page 4 of 5 12. The client 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 for ProcellaCOR EC and Aquathol Super K herbicides with NYSDEC - inclusive of the filing fees and required abutter notifications. (Note: any changes to the permitting process, requirement for a public hearing, or notification to additional abutters may incur additional charges.) March $2,000.00 Payment due upon completion Task 2:Perform pre-treatment survey. May $1,440.00 Payment due upon completion Task 3: Perform chemical treatment of up to 11.5 acres with ProcellaCOR EC herbicide - inclusive of all notifications, posters, 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;notifying additional abutters will carry incur additional costs.) June $16,400.00 Payment due upon completion Task 3.1: ProcellaCOR herbicide residue sample collection and analysis-assumes 1 collection round and analysis of 2 samples (2 total). (Note: The number and frequency of post-treatment herbicide residue samples is determined by NYSDEC following approval of the respective permit application. SOLitude is only responsible for the coordination of sample collection and has no influence on how many sampling rounds/samples may be required following treatment.) June $750.00 Payment due upon completion Task 4: Perform chemical treatment of up to 9.2 acres with Aquathol Super K herbicide- inclusive of all notifications, posters, 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;notifying additional abutters will carry incur additional costs.) May/June $20,510.00 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. 20 MAIN STREET, WORCESTER, NY 12197 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM Glen Lake-Queensbury, NY Lake Management Contract11111 Page 5 of 5 Task 4.1: Super K herbicide residue sample collection and analysis-assumes 2 collection rounds and analysis of 2 samples per round (4 total). (Note: The number and frequency of post-treatment herbicide residue samples is determined by NYSDEC following approval of the respective permit application. SOLitude is only responsible for the coordination of sample collection and has no influence on how many sampling rounds/samples may be required following treatment.) June $1,930.00 Payment due upon completion Task 5: Comprehensive point-intercept vegetation survey. August/Sept $3,150.00 Payment due upon completion Task 7:Year-end report; preparation and submittal of required reporting to the State. December $1,475.00 Payment due upon Total: $47,655.00* *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) ilmsamo (Date) Th 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. 20 MAIN STREET, WORCESTER, NY 12197 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM RESOLUTION ADOPTING 2019 GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 308,2019 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs.Jennifer Switzer WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2019 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 23`d, 2019 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2019 at the following rate: District Units Amount to be Raised Tax Rate/Unit Glen Lake Aquatic Plant Growth 1333.85 I I 46,739 I I 140. Control 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 23`d day of September, 2019 by the following vote: AYES : Mr. Metivier, Mrs. Atherden,Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE MANAGEMENT FOR 2019 LAKE MANAGEMENT CONTRACT IN CONNECTION WITH GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: 60,2019 INTRODUCED BY: Mr. George Ferone 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, 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.: 79 and 119,2018, the Town Board authorized engagement of Solitude Lake Management for the Aquatic Vegetation Management Program for Glen Lake in 2018, 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 Contract for Glen Lake for the amount of $57,205 in accordance with Solitude Lake Management's January 1, 2019 through December 31, 2019 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 previously conducted SEQRA review and issued a SEQRA Negative Declaration in 2018,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 $57,205 in accordance with Solitude Lake Management's January 31, 2019 through December 31, 2019 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 $57,205 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 11t'day of February, 2019, by the following vote: AYES: Mr. Ferone, Mrs. Switzer,Mr. Strough, Mr. Metivier, Mrs. Atherden NOES: None ABSENT: None