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4.09 r= 4.9 SERVICES\Request for Proposals—Accept-Burden Aquatics—Lake Sunnyside Aquatic Project—2-14-2022 RESOLUTION AUTHORIZING ACCEPTANCE OF PROPOSAL AND ENGAGEMENT OF BURDEN AQUATICS FOR PROVISION OF HERBICIDE TREATMENT IN CONNECTION WITH THE AQUATIC VEGETATION MANAGEMENT PROGRAM FOR LAKE SUNNYSIDE RESOLUTION NO.: 72022 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 273,2012, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Lake Sunnyside Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 310, 2021, the Town Board adopted the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2022, and WHEREAS, by Resolution No.: 35,2022, the Town Board appointed (5) persons who are property owners within the District and/or Protective Association of Lake Sunnyside (PALS) members, to the Lake Sunnyside Aquatic Plant Growth Control District Advisory Committee (Committee), and WHEREAS,"the Town Purchasing Agent requested and received proposals for professional services for an Aquatic Vegetation Management Program and herbicide treatment of Lake Sunnyside, and WHEREAS, the Purchasing Agent and the Committee reviewed the two (2) received Y proposals and have recommended that the Town Board authorize engagement of Burden Aquatics for the Aquatic Vegetation Management Program for an amount of $27,150, such Program to provide for herbicide treatment for control of Eurasian water milfoil within portions of Lake Sunnyside, and WHEREAS, a copy of Burden Aquatics' February 7th, 2022 proposal is presented at this meeting, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Burden Aquatics for an Aquatic Vegetation Management Program for Lake Sunnyside in 2022, such Program to provide for herbicide treatment for control of Eurasian water milfoil within portions of Lake Sunnyside, in accordance with Burden Aquatics' February 7th, 2022 proposal presented at this meeting, up to a total cost of$27,150, which includes Burden Aquatics' administration of the liquid formulation ProcellaCOR EC aquatic herbicide, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Lake Sunnyside Misc. Contractual Account No.: 052-8790-4400 not to exceed $27,150 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 Budget Officer to take all actions to amend the Town Budget and transfer $15,500 from the Lake Sunnyside Undesignated, Unassigned Fund Balance to the Lake Sunnyside Misc. Contractual Account No.: 052-8790-4400 and increase the budget by such amount,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Proposal and any other needed documentation and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 141h day of February, 2022, by the following vote: AYES NOES ABSENT: PALS Protective Association for Lake Sunnyside To: Queensbury Town Board February 5, 2022 From: PALS Board of Directors After careful consideration, the Protective Association for Lake Sunnyside's (PALS)Board of Directors and the Town of Queensbury's Lake Sunnyside Aquatic Plant Growth Control District (LSAPGC) Advisory District Committee ask that the Queensbury Town Board contract with Burden Aquatics to apply the herbicide ProcellaCOR in Lake Sunnyside in 2022. Furthermore, we ask that the contract include SePRO's Extended Control Promise. The total cost for the contract is: $27,150.00 Lake Sunnyside has been struggling with Eurasian watermilfoil (milfoil) for the past couple decades. The Town of Queensbury hired Burden Aquatics in 2014 for Lake Sunnyside's property owners under the then newly established LSAPGC tax district to deal with the worst milfoil infestation in Lake Sunnyside's history. This application of SONAR was the most effective herbicidal treatment Lake Sunnyside has received and most property owners were very pleased with the results. Beginning in 2016, Lake Sunnyside has been relying on contracted hand harvesting and diver assisted suction harvesting to control the milfoil population. Unfortunately, by August 2021, the population of milfoil had grown far beyond the point where mechanical harvesting is economically viable. After researching the different herbicide products available and having in depth discussions with Lake Sunnyside's property owners, PALS decided to vote on September 14, 2021 as to how best to proceed. We are delighted to report that the property owners overwhelmingly voted to treat Lake Sunnyside with SePRO's ProcellaCOR and, if Burden Aquatics presented the most reasonable proposal, we would support the Town of Queensbury in contracting with Burden Aquatics again. We appreciate the Queensbury Town Board and Burden Aquatics for the opportunity to help Lake Sunnyside's property owners eradicate the current Eurasian watermilfoil population in our lake. Respectfully submitted, Eric Sage President, PALS Pals12804@gmail.com 7 B U 11? 1) E N February 7, 2022 AQ11AT III (CS Aquatic Plant Management Specialists vvv RO 'Ii)ut I V1.1 ul: I ovl OI GUMIRM) Ptliiii Rua(I veiili P'uk. NY' 120IN' '[oven of QUeensbUry 1 .6 I..`. 1 I Attn: PLICChas►ng Agent S;u!!' ( rriiJir(r'n.\1 cl 1L-1 724 Bay Rd ;i Zia 11i.11i .{u u,l. 'rnn QLleensbury NY 12804 RE: RAP '1-0 TREAT LAKE SUNNYS[Dl: WITH POCELLACOR EC AQUATIC HERBICIDE, (Amendment l to faarthea-clarify Sel"RO's extended waa•a•ant ') 2-2-22 (Amendment 2 revised total cost for application of Pi-ocellaC©R) Attn: Purchasing agent. Having worked on Lake Su.nllyside in past years, Burden aquatics is pleased to offer the following proposal. QUALIFICATIONS: REGISTRATION- CE,.R'1'I1,ICA'I'ION Burden Aquatics is a registered pesticide business in New York State registration (nunlberl 1305). [Frank Maier Commercial Pesticide certification (number C4808008) SePro Pro Certifided ProCellaCOR Specialist certification attached. Pamela Maier Commercial Pesticide certification (IlUmber C4828621) Ken Wilcox Co111111crc►al Pesticide certification (number C4862 346) BLlydell Aquatics was Incorporated in 1998 specializing in ACILIat'IC Plant Management. OLIi' CIICIlts oVel' the yCal'S haVC InCIL►ded Lake Associations, Government IVllnllc►pallt►es, Camp GrOLI11CIS, Apartment Complexes and Private owners. We have completed treatments to water bodies Irom less than I acre to over 400 acres in size. BLlyden Aquatics Inc, has been recognized as. Stewards o['the Water Preferred Applicator by SePRO Corporation for the pasted 22 years. INSt.IRANC'I : All required insurance's will be current and Certificates of Insurance will be provided to the Town, prior to the start of any work. I)c(l1i-aled to 1/1C' l'!'.S(l,lY.!1';'ll !%;liJ m.c.-wi- '!atloll V% loll' .. - r 7 REFF,RANCES (SL,L: ATTACHED): IMPLEMENTATION PLAN: Burden ACILlatics Inc. IS SLIbmitLing the Iollowing proposal to control Invasive F"L11-aslall Water Milfoil (F'WNi) (Myriophyllunl SpicaLL1111) in L.,akc Sunnysidc. The following .aquatic Vegetation Management Program has been developed, after a site survey on 9-22-21. Utilizing a map provided by SLlnllyside Lake Association. the extent of the F,WM infestation verified. The program will consist of selective control of EWM within the entire littoral zone out to a depth of2W with the surface area of30 acres. At the time ofthe fall survey the EWM was sporadic in waters less than 4 we have included this area as well in our proposal as we want to Control all of the EWlvl in the entire littoral zone. The treatment will have little to no Impact oil the native Vegetation. The IILILlid lornitllation ProcellaCOR EC. aquatic herbicide is the choice herbicide lot' this program. (PI'oCILICt labels attached) -rile herbicide treatment will be conducted by Burden Aquatics in the spring - early summer of 2022. 'rhe treatment will be applied by airboat. 'File herbicide will be tall( mixed and applied SLIb-SLIbSUrl",Ice with weighted drag lines. An on-board CPS/WASS receiver or equal will be unutili-ced to optimize even distribution oPthe ProcellaCOR over the Lreatlllent area. The restrictions following the application are as follows. '[here is a one-day restriction on sw,inlnling. There will also be a restriction on irrigation until the ProcellaCOR concentrations are below I part per billion (ppb). Fistinlated to be approximately i - 5 clays. SePro's FasTest water analysis will be taken and sent to SePro's lab. 5 clays after treatment in order to remove the irrigation restriction. BURDF;N AQUATICS Service Plan We will do the following:: ►. Pre -treatment survey will be conducted. A quantitative assessment of E.WM and the native plant vegetation will be made durinFu the survey. 2. Complete permit applications regLlirCd From New York State Department of Environmental Conservation. (DF?C.'). 3. Provide the draft riparian landowners letter describing the program. 4. Supply a draft shore Lille posting sign required by DEC. 5. Collect \1%atcr samples and ship to SePRO for Fas I est \eater analysis. 6. Post treatment survey will be conducted as described in the fee section. 6. Complete year-end report, file with the DEC and provide the association with copy of report. 7 RESPONSIBRATIES OF THE: ASSOCIATION It will be the Associations responsibility to do the following. I. Send notification letter by US mail to all riparian landowners and provide product label (via) a) provide hard copy with the riparian mailing b) post oil the association web site. 2. Provide an address list of all riparian land owners to include with the DEC permit application. 3. Provide a copy of the Board of Directors Resolution in support of the proposed treatment. 4. Send the signed permit applications to NYU DI;C and pay associated permit fee's $100.00 Article 15 permit to apply agUatic herbicides to be paid at time of permit submission. $1 10.00 Notice of Intent Permit to be paid by the association in the fall. 5. Post Shoreline of treatment areas as required by the approved DEC permit, prior to treatments and remove signs after water restrictions have been lifted. 6. Maintain a bile of all correspondence i.e. contract. permit application. approved permit, end of year report, as required by the NO[ requirements. WARRANTY With the terms and specification of this proposal, Burden Aquatics will warrant 90% Control of nuisance I'WN4 in the treatment site for the 2022 season. FTES Preparation and completion of the required DEC: permit applications Article 15. and the Notice of Interit. $600.00 SePro's FasTest water analysis will be taken and sent to SePro's lab, 5 days after treatment in order to remove the irrigation restriction. Up to 4 water samples $800.00 Application of'ProCellaCOR $ 735.00 per acre Y 30 acres $22,050.00 A post-treatment survey will be conducted approximatel} 60 days after treatment to obtain a gUantitative assessment of L;WM and the native plant vegetation. The survey will include 40 littoral zone points sampled by rake toss and identified by GPS coordinates. A copy of the SLirvey in a GIS-based map file, will be provided to the Protective Association foi- Lake Sunnyside. will be completed and filed with the DEC. I he association `will be provided The year-end report with copy of report. Post- treatment survey and the end ofycar report $1.200.00 i Sel'RO•s Extended Control Promise. Optional additional cost $2,500.00 SCPR0 will provide the product without charge to manage the invasive miffoil to achieve the promise description. Promise description -- 111ilroil will not return tO a nuisance level in the treatment area 1n years 2022 —2023 - 2024. Nuisance level- described as greater than 50% of the water column containing EW'M in 1 contiguous acre or 3 or more acres of the treatment area. (Amendment to further clarify SePRO's extended warranty) SePRO Corporation warrants water bodies under management; where ProcellaCOR was used during the active growing season (before September 1) to manage watermilfoil species, for three (3)growing seasons from the date of application (the "Warranty Period'). During the Warranty Period if any watermilfoil reaches Nuisance Level in 1 contiguous acre or greater than 10% of the Management Area, SePRO Corporation must be notified. Nuisance Level is when the invasive watermilfoil occupies greater than 50% of the water column or plants exceed 3 ft of vertical growth. SePRO Corporation guarantees that watermilfoil will not reach Nuisance level during the Warranty Period. SePRO Corporation will provide the necessary Product without charge to manage the invasive watermilfoil. Replacement will be warranted for only the unexpired portion of the original warranty. Burden Aquatics fee's for, pernlittitig, labor, reporting etc. are not included in the extended control promise and will be an additional cost. All payments clue at receipt of invoice CONTRACT CAN CF'LLATION in the event the Town/ Association cancels this contract for any reason, all amounts due for completed work will be paid 4vithm 30 Clays of the cancellation date. ACCEPTANCE To accept this proposal, please sign Wow and return one signed copy to the above address. A Purchase Order ISSUCCI to Burden ACIUatiC'S will also serve as acceptance. If you have any questions, please call n1e at (51.8) 424-4035 or (518) 674-531 1. Accepted this_ day o1 — --2022 By: Print Narne: "tide: Sincerely, Prank Maier President Burden Aquatics Inc.