3.02
3.2
SERVICES\\Solitude Lake Management – NYS DEC Permit Application & Pre-Treatment Survey of Glen Lake–Waive Purchasing
Policy–3-8-21
RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE
MANAGEMENT FOR PREPARATION AND FILING OF NYS DEC PERMIT
APPLICATION AND COMPLETION OF PRE-TREATMENT SURVEY
RELATING TO GLEN LAKE AQUATIC PLANT
GROWTH CONTROL DISTRICT
RESOLUTION NO.: ____________________________________________________, 2021
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.: 312,2020, the Town Board adopted the 2021 Glen Lake
Aquatic Plant Growth Control District Benefit Tax Roll, and
WHEREAS, by Resolution No: 110,2020, the Town Board authorized engagement of
Solitude Lake Management for the Aquatic Vegetation Management Program for Glen Lake in 2020,
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 wishes to again engage the services of Solitude Lake
Management for preparation and filing of New York State Department of Environmental Conservation
Permit applications and completion of a pre-treatment survey relating to the 2021 Aquatic Vegetation
Lake Management Contract for Glen Lake for the amount of $3,245 as delineated as Tasks 1 and 2 in
Solitude Lake Management’s Lake Management Contract dated February 22, 2021 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 the preparation and filing of the New York State Department of Environmental
Conservation Permit applications and completion of a pre-treatment survey relating to the 2021
Aquatic Vegetation Lake Management Contract for Glen Lake for the amount of $3,245 as delineated
as Tasks 1 and 2 in Solitude Lake Management’s Lake Management Contract dated February 22, 2021
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 $3,245 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
any needed documentation, including Permit Applications with the New York State Department of
Environmental Conservation, 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.
th
Duly adopted this 8 day of March, 2021, by the following vote:
AYES :
NOES :
ABSENT:
SQLITLDE
LAKE MANAGEMENT
LAKE MANAGEMENT CONTRACT
PROPERTY NAME: Glen Lake-G1097
CONTRACT DATE: February 22, 2021
SUBMITTED TO: Town of Queensbury and Glen Lake Protective Association
SUBMITTED BY: Glenn Sullivan
SPECIFICATIONS: 2021 Treatment of Illinois Pondweed and Brittle Naiad using Aquathol Super K
This agreement (the "Agreement") is made as of the date indicated above, and is by and between
SOLitude Lake Management, LLC ("Solitude" or the "Company") and the customer identified above
(the "Customer") on the terms and conditions set forth in this Agreement.
1. The Services. SOLitude will provide services at the Customer's property as described in Schedule A
attached hereto:
2. PAYMENT TERMS. The fee for each service is shown below. The Customer shall pay upon completion
of each task of this service, as shown below.
Task it Prepare ond tile NY PE P'ermitf tppfcations $",-2:025=
Task 2: Pre Treatment Survey $ 1450.00
Task 3: Treatment 5-19 acres $ 2,233.00/acre
20-37 acres $ 2,150.00/acre
Task 4:Post-treatment monitoring of Aquathol K (4 sites) $ 1,460.00
Task 4a: Additional samples, if required $ 325.00/sample
Task 5: Aquatic Plant Mapping Survey (Post-treatment) $ 3,300.00
Task 6: Prepare and file NYSDEC Annual Report $ 650.00
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.
SOLITU DELAKEMANAGEM ENT.COM
888.480.LAKE(5253)
•
Glen Lake—Town of Queensbury, NY
2021 Lake Management Contract
Page 2 of 6
Should the work performed be subject to any local, state, or federal jurisdiction, agency, or other
organization of authority for sales or other taxes or fees in addition to those expressly covered by this
contract, customer will be invoiced and responsible for paying said additional taxes in addition to the
fee above. Customer agrees to pay all invoices within thirty (30) days of invoice date.The Customer
will be liable for any returned check fees and any collection costs, including reasonable attorney
fees and court costs, for any invoices not otherwise timely paid, and interest at the rate of 1% per
month may be added to all unpaid invoices. Company shall be reimbursed by the Customer 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 Customer that are not covered
specifically by the written specifications of this contract.
3. TERM AND EXPIRATION.This Agreement is for a one-time service as described in the attached
Schedule A. Any additional services will be provided only upon additional terms as agreed to by the
parties in writing.
4. DISCLAIMER. SOLitude is not responsible for the failure of any treatment, equipment installation,
or other work that result from dam or other structural failures, severe weather and storms, flooding, or
other acts of God that are outside of the control of SOLitude. Customer understands and
acknowledges that there are irrigation restrictions associated with many of the products used to treat
lakes and ponds. The customer is responsible for notifying SOLitude in advance of the contract
signing and the start of the contract 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 SOLitude.
Although there is rarely direct fish toxicity with the products used for treatment when applied at the
labeled rate, or the installation and normal operation of the equipment we install, there is a risk under
certain circumstances of significant dissolved oxygen drops.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 work is performed. Every effort, to
include the method and timing of application, the choice of products and equipment used, and the
skill and training of the staff, is made to avoid such problems. However, the customer understands
and accepts that there is always a slight risk of the occurrence of adverse conditions outside the
control of SOLitude that will result in the death of some fish and other aquatic life. The customer also
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.
SOLITU DELAKEMANAGEM ENT.COM
888.480.LAKE(5253)
f
s
TeeNOM
Glen Lake—Town of Queensbury, NY
2021 Lake Management Contract
Page 3 of 6
understands and accepts that similar risks would remain even if no work was performed. The
customer agrees to hold SOLitude harmless for any issues with fish or other aquatic life which occur as
described above or are otherwise outside the direct control of the SOLitude, unless there is willful
negligence on the part of SOLitude.
While SOLitude Lake Management LLC makes every effort to thoroughly inspect the site before
providing this contract proposal or beginning any work, it is possible, without fault or negligence, that
unforeseen circumstances may arise, or that hidden conditions on the site might be found in the
course of the performance of the contract work, which would result in additional time or material
costs that exceed this contract pricing. Should this occur, the customer will be notified of these
unforeseen circumstances or conditions and be responsible for the costs associated with remedying.
By signing this agreement, the customer acknowledges that they have informed SOLitude Lake
Management®of all known and relevant current site conditions that would be reasonable to expect
could affect our ability to successfully complete the contract work.
5. INSURANCE AND LIMITATION OF LIABILITY. Solitude will maintain general liability and property
damage insurance as necessary given the scope and nature of the Services.The Company will be
responsible for those damages, claims, causes of action, injuries, or legal costs to the extent of its own
direct negligence or misconduct, and then only to an amount not to exceed the annual value of this
Agreement. In no event will any party to this Agreement be liable to the other for incidental,
consequential or purely economic damages.
6. FORCE MAJEURE.The Company shall not be liable for any delay in performing the Services, nor
liable for any failure to provide the Services, due to any cause beyond its reasonable control.
7. ANTI-CORRUPTION AND BRIBERY. Each party represents that neither it nor anyone acting on its
behalf has offered, given, requested or accepted any undue financial or other advantage of any
kind in entering into this Agreement, and that it will comply with all applicable laws and regulations
pertaining to corruption, competition and bribery in carrying out the terms and conditions of this
Agreement.
8. GOVERNING LAW.This Agreement shall be governed and construed in accordance with the
laws of the state in which the Services are performed.
9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with
respect to the subject matter and replaces any prior agreements or understandings, whether in
writing or otherwise.
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.
SOLITU DELAKEMANAG EM ENT.COM
888.480.LAKE(5253)
wows
Glen Lake—Town of Queensbury, NY
2021 Lake Management Contract
Page 4 of 6
This Agreement may not be modified or amended except by written agreement executed by both
parties. In the event that any provision of this Agreement is determined to be void, invalid, or
unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not
be affected.
10. NOTICE. Any written notice provided under this Agreement may be sent via overnight mail,
certified mail,
hand delivery or electronic mail with delivery confirmation, to the individuals and addresses listed
below.
11. BINDING.This Agreement shall inure to the benefit of and be binding upon the legal
representatives and
successors of the parties.
ACCEPTED AND APPROVED:
SOLITUDE LAKE MANAGEMENT, LLC Town of Queensbury
By: By:
Name: Name:
Title: Title:
Date: Date:
Please Remit All Payments to: Customer's Address for Notice Purposes:
1320 Brookwood Drive Suite H
Little Rock, AR 72202
Please Mail All Contracts to:
2844 Crusader Circle, Suite 450
Virginia Beach, VA 23453
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.
SOLITU DELAKEMANAG EM ENT.COM
888.480.LAKE(5253)
altOMM
Glen Lake—Town of Queensbury, NY
2021 Lake Management Contract
Page 5 of 6
SCHEDULE A—MANAGEMENT SERVICES
Task 1:Permitting:
SOLitude staff will be responsible for the following:
1. Preparing and submitting NYSDEC Aquatic Pesticide and Freshwater Wetland permits as
needed, including the required NYSDEC permit fees.
2. Updating the NOI and PDMP for Glen Lake as needed.
3. Collecting address list and mailing of notification to all riparian owners as required
downstream.
4. Notifying the client of any restrictions or special conditions put on the site with respect to any
permit received.
5. Posting the shoreline with water use restrictions prior to application.
6. Filing of any notices or year-end reports with the appropriate agency as required by any
related permit.
Client Responsibilities:
1. Client will be responsible for the following:
a. Providing suitable launching site for boats on trailers for treatments and inspections.
b. Providing information required for the permit application process upon request.
c. Compliance with any Conditions or other special requirements or conditions
required by the local municipality, unless otherwise agreed to in writing by SOLitude.
d. Compliance and enforcement of temporary water-use restrictions where applicable.
e. Removal of warning posters once water use restrictions are removed.
Task 2: Pre-Treatment Survey:
1. The lake will be surveyed focusing on the proposed treatment areas in Spring, once
pondweed growth is observed.
2. The survey will confirm the presence of target plants in the treatment areas and will determine
which of the areas will be treated under the approved permit.
Task 3: Herbicide Treatment:
1. Glen Lake will be treated for control of Illinois Pondweed and Brittle Naiad.
2. A minimum of 5 acres in total will be treated, to a maximum of 37 acres or the limit
identified in the approved NYSDEC permit.
3. The herbicide Aquathol Super K (endothall) will be applied at a rate of 3.5 ppm.
4. Swimming will be restricted in the lake until the day after application.
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.
SOLITUDELAKEMANAGEM ENT.COM
888.480.LAKE(5253)
Glen Lake—Town of Queensbury, NY
2021 Lake Management Contract
Page 6 of 6
5. Drinking water use will be restricted until sample results indicate that the level of
endothall in the water is less than 50 ppb. This may take 10-15 days to confirm and
get approval by NYSDEC.
6. There will be no restriction on fishing or irrigation use following application.
Task 4: Herbicide Residue Sampling:
1. Following treatment, SOLitude will collect four water samples 10-14 days after
treatment for analysis of herbicide residue according to the NYSDEC permit
requirements.
2. Additional sample dates will be conducted as necessary to fulfill permitting
requirements until below the applicable thresholds to lift water-use restrictions.
Task 5: Aauatic Plant Mapping Survey:
1. A point-intercept plant survey will be performed in August/September to assess
treatment results and help guide future nuisance plant management and potential
herbicide treatment needs in the lake for the following year.
2. The survey will duplicate past mapping survey efforts for easy year-to-year
comparison.
3. A report will be submitted in November-December summarizing the plant survey
results and recommending actions for the following year,
Year End Report:
1. The NYSDEC Annual regulatory compliance reporting will be fulfilled as required.
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.
SOLITU DELAKEMANAGEM ENT.COM
888.480.LAKE(5253)