HomeMy WebLinkAbout2019_03_06 Town Board Meeting Packet 2
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TOWN OF MAMARONECK
TOWN BOARD AGENDA
Wednesday, March 6, 2019
TOWN CENTER COURTROOM
5:00PM THE TOWN BOARD WILL CONVENE IN CONFERENCE ROOM ATO
DISCUSS:
Work Session Items
1. Discussion-Town Comprehensive Plan
2. Review- Town Fee Schedule
3. Discussion- Proposed Storm Water Management Agreement-Winged Foot Golf
Club
4. Preliminary 2018 Budget Performance Report
5. Proposed Easement Agreement- 615 5th Avenue
6. Review- Reusable Bag Law
7. New Business
8. Request for Executive Session
8:00PM CALL TO ORDER— COURTROOM
Supervisor's Report
Presentation - New York State Office of Real Property Services
Public Hearing
Increase & Improvement of Facilities of Consolidated Water District
Citizen Comments
Board of Fire Commissioners
1. Fire Claims
2. Other Fire Department Business
Affairs of Town of Mamaroneck
1. Authorization - Consultant Agreement- Phase 1 Comprehensive Plan
2. Authorization - Storm Water Management Agreement-Winged Foot Golf Club
3. Report of Bids - Contract TA-19-03 Street Sweeping Services
4. Authorization- Consultant Services - Hommocks Ice Rink Improvements
5. Adoption-Town Fee Schedule
6. Authorization- Easement Agreement-615 5th Avenue
7. Consideration of Certiorari
8. Set Public Hearing -Amendment-Town Ethics Law
Report of Minutes
Reports of the Council
Town Clerk's Report
Next Regularly Scheduled Meeting - March 20, 2019
Meeting Adjournment
Any physically handicapped person needing special assistance in order to attend the meeting should call the
Town Administrator's office at 381-7810.
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740 West Boston Post Road,Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
saltieri@townofmamaroneckny.org
www.townofmamaroneckny.org
Memorandum
To: Supervisor and Town Board
Re: Comprehensive Plan- Phase 1
Date: March 1, 2019.
Following up on our last meeting, Ferrandino and Associates has revised the scope
of services for Phase 1 of the Comprehensive Plan to reflect the Board's comments.
In addition, I asked Ferrandino to prepare an estimate of costs for Phase 1. Both
documents are attached for your review.
I have asked Vince Ferrandino to attend our work session on March 6 to assist the
Board with its review. If all is in order, I would ask that the Board considering
approving the scope and fee schedule so we can begin the public comment process.
If as you read through the documents you have questions, please let me know so
that I can try to have information ready for the work session.
ephen V. Altieri
Town Administrator
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SCOPE OF SERVICES
What follows is an overview of the approach and methodology that the Consultant Team will utilize
in completing the tasks outlined below. It is likely that this scope will be fine-tuned, based upon
further communication with the Town Board, Comprehensive Plan Steering Committee and Town
Administrator.
Per the Town Board's directive, the Comprehensive Plan will be divided into 2 phases:
Phase I: Background Review, Growth Trends & Community Engagement(see below)
Phase II: Plan Preparation (TBD)
PHASE I: BACKGROUND REVIEW, GROWTH TRENDS & COMMUNITY
ENGAGEMENT
Review of Base Studies & Existing Reports
The Consultant Team will review existing studies and reports including:
• 1986 Master Plan for the Boston Post Road and Palmer Avenue Corridors
• 1986 Town of MamaroneckNillage of Larchmont Local Waterfront Revitalization Plan
and updated LWRP ( 2019)
• 2014 Town of Mamaroneck Hazard Mitigation Plan
• 2014 Town of Mamaroneck Sustainability Plan
• Recent rezoning's (BR and SBR zones)
Introduction & Process
The introduction to the Comprehensive Plan will outline the purposes of the document, the
process that will be undertaken to prepare the Comprehensive Plan and the history of planning
in the Town of Mamaroneck. In addition, the rationale for including community engagement in
Phase I will be included.
Demographics and Growth Trends Chapter
The Consultant Team, led by Ferrandino & Associates Inc. (F&A), will review Mamaroneck's
demographic characteristics, including population composition and change over the last 20 years
and, using data from Westchester County, 2010 U.S. Census, the American Community Survey
and other sources, F&A will identify key issues resulting from demographic trends to serve as a
baseline for the community engagement process and moving forward with the Plan.
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Community Engagement
Highland Planning (Highland)will lead the public engagement process.
Task 1: Kick-off and Ongoing Coordination
Highland will attend a kick-off meeting with the Town and Consultant Team to clarify the scope of
work, project objectives, roles and schedule. Highland will participate in ongoing management
and coordination with the team and Comprehensive Plan Steering Committee (CPSC), including
bi-weekly phone calls, or as needed. Highland will participate in up to three (3) CPSC meetings
throughout the course of Phase I.
Engagement Methods & Deliverables
• CPSC Kick-off Meeting
Task 2: Developing a Community Engagement Plan
The second task in this phase will focus on developing a detailed engagement plan for seeking
input and building awareness in the community about the comprehensive planning process and
key issues within the community. Developing the community engagement plan includes the
following steps:
• Step One: Conduct Pre-engagement Stakeholder Interviews. Highland will conduct
one-on-one interviews with eight to ten key stakeholders prior to drafting and finalizing the
Community Engagement Plan.The purpose of the interviews is to build awareness among
key stakeholders, learn more about issues and opportunities, seek guidance on effective
ways to reach residents, identify potential partners in outreach events, and lay the
groundwork for future outreach. Highland will use feedback obtained through pre-
engagement interviews to inform the objectives and methods in the Community
Engagement Plan. Pre-engagement interviews are typically no more than 20-30 minutes
and can be conducted by phone or in person. We will work closely with the Board to
identify key stakeholders who may include members of the Town Board and Steering
Committee, as well as local business owners, civic leaders, recreation providers, and
bicycle/ped advocates, among others
• Step Two: Develop Community Engagement Plan: Using input gathered from the kick-
off meeting and pre-engagement interviews, Highland will develop a detailed outreach and
engagement plan that identifies key stakeholders and potential impacts, engagement
objectives, methods, roles, and engagement sequencing within the overall project
schedule. Supporting materials for the engagement plan will likely include meeting flyers,
development of event invitations, social media and website support (e.g. Instagram,
Facebook, Twitter, Mail Chimp and a project website). Highland will prepare a
Communications Plan that clarifies messaging, identifies roles, describes how the
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stakeholder contact database will be maintained, and outlines protocols for ongoing
updates about the Plan.The Community Engagement Plan will cover Phase I of the project
as well as future phases.
• Step Three: Develop Communications & Awareness Campaign. In conjunction with
the Engagement Plan, Highland will develop a strategy to build awareness about the
Comprehensive Plan among community members. The objectives of the awareness
campaign will be: (1)to share information about the purpose of the Comprehensive Plan,
intended outcomes, and timeline of the project; (2)communicate how community input will
be used in the development of the Plan; and (3) share information about how and when
community members can get involved at various stages throughout the process. Methods
used in the awareness campaign may include press releases, social media posts,
radio/news spots, information shared on the Town's website, and flyers posted in popular
locations (e.g. schools, libraries, recreation centers, local diners, Starbucks, etc.). We will
also leverage existing organizations in the Town that are able to include information about
the project in their newsletters, e-blasts, and other communication to their members and
constituents.
Engagement Methods & Deliverables
• Pre-engagement interviews and key takeaways
• Engagement Plan &Awareness/Communications Plan
• Press release
• Project Kick-off Flyer(hard copy and social media format)
• Publicinput.com set-up and social media support'
Task 3: Issue Identification Community Visioning Kick-off Event
Although the process of identifying key issues that are most important to the Town starts with the
pre-engagement interviews, Highland will broaden the discussion to explore issues and
opportunities throughout the community, building from smaller groups to larger groups and
offering opportunities for community members to engage online and through social media. This
will include individual and small group stakeholder meetings focused on specific topics, such as
Town Services, Parks and Recreation, Housing or Transportation.
A community vision is a key part of any Comprehensive Plan. Likewise, policies, actions and
implementing regulations in a Comprehensive Plan should reflect the community's vision. The
visioning process is an important way to kick-off the Comprehensive Plan process with the general
public, build excitement and momentum around the planning process—and ultimately to work
towards consensus and buy-in from the community. To that end, this scope includes a significant
1 Publiclnput.com is a comprehensive online engagement platform which allows local government agencies to
leverage their existing social media following by providing manual and automatic syncs with social media platforms.
The tool focuses on lowering barriers to entry by using targeted outreach to underrepresented populations via social
and other media advertisers,allows for communication on social media in over 100 languages, and allows residents
to give project feedback(comment)directly on the platform.All online data from social media or polling/surveys
regarding a project/service/issue are integrated in order to quantify and qualify the overall voice analysis of
stakeholders.
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engagement process focused on visioning and development of opportunities. The Public
Engagement Plan will identify specific methods of engaging the community for this task.
Experience tells us that that an effective visioning process includes a mix of engagement
techniques, building from smaller groups to larger groups and offering opportunities for community
members to engage online and through social media. Post-card mailings, online surveys,
interviews, pop-up events and public workshops are effective ways to solicit feedback about the
community's values and vision for the future.
We will use the results of the visioning process to develop a vision statement and a thematic
framework for draft goals and objectives that will ultimately become the text of the Comprehensive
Plan document.
Engagement Methods and Deliverables:
• CPSC meeting
• Up to four individual and small group, topic-based meetings with key stakeholders (note:
depending on discussion with the Town Board and Steering Committee, as well as our
understanding of key participants, we may hold have separate meetings for each topic or
hold one meeting in which participants discuss multiple topics. We will work with the
Town Board to determine what is most appropriate for Mamaroneck.
• Up to four pop-up events held at existing events/locations in the community
• One online survey using Publicinput.com or SurveyMonkey
• One Public Visioning Workshop to kick off the Plan
• Ongoing social media support and comment response protocols
Task 4: Communicating Results and Next Steps
For this task, Highland will compile feedback received through the engagement process and
develop materials (such as e-blasts, updates on Publicinput.com, press release) that
communicate how the public's feedback influenced the scope and direction of the Comprehensive
Plan process. Materials will also communicate next steps in the process and describe future
opportunities for the community be engaged.
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Proposed Milestones & Schedule* 2019
Task 1
Kick-off, scope refinement, objective-setting March 18—22
Task 2
Pre-engagement interviews March 25- 28
Finalize Engagement Plan (includes time for Town March 25—April 12
Board/Steering Committee review)
Communications/Awareness Plan March 25—April 12
Press Release/Flyer/Social Media Calendar April 17
(Assumes advance time for draft, review, and final)
Set up Publicinput.com March 25—April 12
Task 3
Small group stakeholder meetings with targeted May 6—May 10
stakeholders
Online Survey April 29—June 30
May/June-dates TBD (should be
time to correspond with
Pop-up events(4) community events)
Kick-off Community Visioning Workshop May 20—24
Feedback summary& Recommended Next Steps June 30
Task 4
Press release/e-blast/website updates Ongoing
* Dates are subject to change, pending mutual agreement between the Consultant Team and the
Town of Mamaroneck.
Engagement Methods and Deliverables:
• CPSC meeting
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BUDGET
The budget below includes fee plus out of pocket expenses for data purchase, publicinput.com,
printing, reproduction, GIS mapping, travel expenses and meetings.
PHASE I
Review Base Studies $ 1,500
& Existing Reports
Introduction & $ 500
Process
Demographics and $ 2,000
Growth Trends*
Community
Engagement
Task 1 $ 7,500
Task 2 $12,500
Task 3 $31,500
Task 4 $ 8,500
$60,000
Sub Total $64,000
Meetings $ 5,500
Expenses
Publicinput.com $ 2,900
Travel/printing $ 2,600
Sub Total $ 5,500
GRAND TOTAL $ 75,000
*Includes purchase of data
Ferrandino&Associates Inc. 3/1/19
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OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
saltieri@townofmamaroneckny.org
www.townofmamaroneckny.org
Memorandum
To: Supervisor and Town Board
Re: Chapter A250 of the Town Code - Town Fee Schedule
Date: March 1, 2019
Attached is a proposed Town fee scheduled that is recommended for adoption by
the Town Board. The version is red lined to identify the proposed changes from the
existing schedule and Town code language.
The following is a brief summary of the changes:
A. Code Section- 106-56:
Clarified that the cost is for a copy, not a duplicate letter of compliance
Building Permit Fees: The filing fees remain unchanged but the
supplementary fee based upon construction costs has been increased from
$15 to $17 per thousand of construction costs
Mechanical Rock Removal Permits: The fee structure increased from $15.00
to $17.00 the fee per $1,000 of rock removal cost. The sections for
subsequent permits has been removed since additional permits are no longer
issued.
Buildin Permit Renewals: The fee proposed for a building permit renewal
will be /� . .• - original permit fee but no less than $500
B. Code Section I-12B:
Flood Plain Development Permit listed fee is being reinstated to the code to
clarify the requirement for a separate permit when this section of the code
applies to a land use application.
C. Code Section 158-6:
Plumbing Fees- The language has been streamlined with respect to storage
tanks. Rather than separate fee schedules for removal and installation, one
fee schedule shall apply to removal or installation.
Wage
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Sewer Connection Fee is being eliminated and incorporated into street
opening fees.
D. Code Section 167-8
The fee for blueprint or tracing onto Mylar has been deleted since this
process is no longer utilized to reproduce blueprints.
E. Code Section 175-17
Signs: The explanation of the fee for erecting or placing signs has been
amended to reflect the wording in the sign code.
The fling fees for sign variance for notice publication have been removed
since the applicant now bears the responsibility for issuing notifications.
If the changes are acceptable to the Town Board, the recommendation is that the
fee schedule be adopted as proposed.
Stephen V. Altieri
Town Administrator
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740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL 914-381-7810
FAX 914-381-7809
saltieri@townofmamaroneckny.org
www.townofmamaroneckny.org
Memorandum
To: Supervisor and Town Board
Re: Preliminary (Unaudited) 2018 Year End Financials
Date: February 12, 2019
At the last Town Board meeting authorization was granted by the Board to make
the necessary budget transfers to close out inactive capital projects. In addition
transfers were authorized to several active capital projects to amend the project
budgets.
The Town's private auditors have begun their audit of our 2018 financials and will
provide a complete analysis for the Board that should be completed in April.
However, as a result of the recent transfers, and the close out the 2018 fiscal year,
I thought it would be appropriate to provide the Board with a very preliminary 2018
year-end financial analysis.
Attached is a spreadsheet prepared by the Town Comptroller. The top portion of
the spreadsheet provides the estimated 2018 year-end figures for revenues and
expenditures as well as operating surpluses or (deficits) for each budget fund. The
bottom portion of the schedule provides the estimated surplus for each budget fund
as of 12/31/18.
For 2018 the Town ended the year with an operating deficit of $1.7million based
upon total revenue and expenditure performance for the year.
Beginning Fund Balance 1/1/18(All Funds) $20,209,531
Projected 2018 Projected Revenues 39,335,478
Projected 2018 Expenditures 41,027,299
Ending Fund Balance Estimate 12/31/18 18,517,710
Projected 2018 Operating Surplus/(Deficit) ($ 1,691,821)
Although there is an operating deficit for 2018, the projected year end fund balance
of $18.5million for all Town Budget funds represents 36% of 2019 Budget
Appropriations and 46% of 2018 Budget Appropriations. The fund balance remains
considerably higher than the guidelines of our surplus management policy. The
surplus management policy suggests a surplus guideline of between 15% and 25%.
So overall our financial position remains strong.
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Preliminary 2018 Financials l Stephen Altieri
Again this is a preliminary financial review for the year end of 2018. A more
detailed in depth review will be done with the Board upon completion of the audit in
May.
Stephen V. Altieri
Town Administrator
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Preliminary 2018 Financials Stephen Altieri
For all nine Town Budget funds the largest operating deficit was in the Townwide
Fund. In the Townwide Fund the operating deficit was $1,110,518. The operating
deficit was driven primarily by a revenue shortfall of $900,322. There were also
additional expenditures of an estimated $210,196 in the Townwide Fund.
The most significant revenue shortfalls occurred in the following categories of
revenue in the Townwide Fund.
Category 2018 Budget 2018 Actual Shortfall
Estimate Revenue
Penalties on $600,000 $548,061 $51,938
Property Taxes
Mortgage Tax $1,500,000 $1,237,495 $262,504
Section 8 Admin. $600,000 382,600 $217,399
Additional Surplus
Appropriation $936,725 $1,171,275 $234,550
The additional surplus application was primarily with respect to the close out and
transfers to capital projects assigned to the Townwide Fund. During preparation of
the 2019 Budget we took note of the revenue shortfalls and adjusted our estimates
accordingly.
The two other budget funds worth noting in this preliminary financial review are the
Highway Fund and the Water District Fund. In the Highway Fund there was an
operating deficit of $351,156 in 2018. Highway Fund expenditures were $181,372
above the original approved budget. Of that total $102,000 is for additional over
time expenditures connected to our response to the multiple storms in March 2018.
The balance of the deficit is attributable to the additional funds relating to the
repaving of streets in the vicinity of the Gardens Lake and for revenue shortfalls for
Interfund transfers relating to fuel expenditures and repairs. This last item is
interesting in that our actual expenses for fuel and vehicle repairs were lower than
expected which is a positive event. However for the Highway Fund it resulted in a
revenue shortfall. As an example, we estimated that in the Part Town Fund costs for
vehicle repairs and fuel would be $75,000 and $40,000 respectively. Our actual
expenses for the year were $35,450 for repairs and $32,000 for fuel.
In the Water District the total deficit was $786,318. All of the additional funding
necessary was in connection with the capital projects that were previously reviewed
with the Town Board. Although the additional funds necessary were significant the
remaining fund balance in the Water District is $1.7million or 371% of
appropriations.
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TOWN OF MAMARONECK - OPERATING FUND BALANCE ANALYSIS - FISCAL YEAR ENDING 2018 (PROJECTED) e;
REVENUES, EXPENDITURES & FUND A FUND B FUND DB FUND SF FUND SL FUND SM FUND SR FUND SS FUND SW /
ALL OPERATING
CHANGES IN FUND BALANCE GEN-TWN WIDE GEN-PT TWN HIGHWAY FIRE DISTRICT ST.LIGHT DIST AMBULANCE GARBAGE SEWER WATER FUNDS
BEGINNING FUND BALANCE-1/1/2018 $9,359,856 $4,611,799 $1,049,148 $1,900,951 $20,748 $406,863 $115,208 $269,072 $2,475,886 $20,209,531
+PROJECTED REVENUES(2018) $11,388,462 $13,053,582 $5,517,712 $4,250,238 $289,325 $1,539,990 $2,160,829 $233,972 $901,368 $39,335,478
-PROJECTED EXPENDITURES-(2018) $12,498,980 $12,526,340 $5,868,868 $4,214,125 $321,155 $1,515,928 $2,127,515 $266,702 $1,687,686 $41,027,299
• ENDING FUND BAL-12/31/2018(EST) $8,249,338 $5,139,041 $697,992 $1,937,064 ($11,082) $430,925 $148,522 $236,342 $1,689,568 $18,517,710
2018 OPERATING SURPLUS/(DEFICIT) ($1,110,518) $527,242 ($351,156) $36,113 ($31,830) $24,062 $33,314
($32,730) ($786,318) ($1,691,821)
(PROJECTED)
FUND BALANCE COMPONENTS: A B DB SF SL SM SR SS SW ALL FUNDS
Nonspendable:
Prepaid Expenditures $ 232,605 $ 428,302 $ 138,441 $ 113,365 $ 5,317 $ 46,391 $ 18,475 $ 7,734 $ 2,900 $ 993,530
Restricted:
Capital $ 125,000 $ - $ - $ - $ - $ - $ - $ - $ - $ 125,000
Length of Service Awards Program $ - $ - $ - $ 1,132,694 $ - $ - $ - $ - $ - $ 1,132,694
Assigned:
Purchases on Order $ 37,471 $ 32,740 $ 33,195 $ 18,000 $ - $ - $ - $ - $ - $ 121,406
Subsequent year's expenditures $ 1,125,000 $ 400,000 $ - $ 52,500 $ - $ - $ - $ - $ - $ 1,577,500
Unreserved $ - $ 4,277,999 $ 526,356 $ 620,505 $ (16,399) $ 384,534 $ 130,047 $ 228,608 $ 1,686,668 $ 7,838,318
Total Assigned: $ 1,162,471 $ 4,710,739 $ 559,551 $ 691,005 $ (16,399) $ 384,534 $ 130,047 $ 228,608 $ 1,686,668 $ 9,537,224
Unassigned: $6,729,262 $ - $ - $ - $ - $ - $ _ $ - $ - $ 6,729,262
Totals: $ 8.249.338 $ 5.139.041 $ 697.992 $ 1.937.064 $ (11.082) $ 430,925 $ 148.522 $ 236.342 $ 1.689.568 $ 18.517.710
F/B%of 2019 Appr(Unasig/Unresrv) 53% 33% 9% 16% -5% 24% 6% 48% 371% 36%
• F/B%of 2019 Approp(Total F/B) 65% 39% 13% 49% -4% 27% 7% 50% 372% 46%
(bLys 46 6
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COUNSEL TEL: 914/381-7815
FAX: 914/381-7809
WMakerJr@TownofMamaroneckNY.org
MEMORANDUM
To: Stephen V. Altieri, Town Administrator
From: William Maker, Jr., Attorney for the Town
Subject: Reusable bag law
Date: February 8, 2019
I attach a draft local law that is designed to outlaw thin plastic carryout bags in
most retail transactions and to encourage consumers to use reusable bags instead. The
sources for this draft include the law in effect in New Castle (copy also attached) and the
Plastic Bag Activist Tool Kit 2019.
To understand how the law works, one most focus on its definitions since the
operative provision is a simple declaratory sentence, with exceptions. Section 170-4 A.
provides: "A merchant shall not provide a prohibited bag as a carryout bag in a retail
transaction."
A "merchant' is "any person or any entity that engages in retail transactions, other than
a delicatessen, a not-for-profit organization, a restaurant, or a vendor at a farmer's
market."
A "prohibited bag" is a carryout bag that measures less than 28" by 36" in size and is
not:
a dry cleaners bag,
a garment bag,
a recycled paper bag,
a reusable bag, or
a special item bag.
A "carryout bag" is "the packaging used to transport items delivered by a merchant to a
consumer at the point of sale."
The "point of sale" is the place "where a retail transaction concludes."
A "retail transaction" is "the delivery of items by a merchant to a customer."
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To: Stephen V. Altieri, Town Administrator
From: William Maker, Jr., Attorney for the Town
Subject: Reusable bag law
Date: February 8, 2019
Page Two
With these definitions in mind, let's go shopping at the Ferndale Shopping
Center.
We can buy greetings cards, mouthwash and a bag of M&Ms at CVS and pick up
our prescriptions at its pharmacy counter. Since CVS is a merchant, it cannot ask us to
take our greeting cards,mouthwash and bag of M&Ms in a single-use carryout bag since
such bags are prohibited bags but our medications can be placed in a plastic bag. The
exception for medications is to preserve privacy.
We can pick up our cleaning from Excelsior encased in a plastic bag. Though
Excelsior is a merchant, a plastic"dry cleaner's bag" is not a prohibited bag.
We can go to Stop and Shop, a merchant, where our detergents, snacks and
cereal boxes cannot be given to us in a prohibited bag. Our frozen foods, fruits, ice
cream, vegetables and meats can be packaged in plastic bags, however, since they are
"specialty items".
We then can go the Gap to buy a new outfit which can be handed to us in a
plastic covering. The Gap, also a merchant, is allowed to do so because a garment bag is
not a prohibited bag.
After so much shopping, we're really hungry so we stop at Cosi to take out
lunch. Cosi can give us our lunch in a plastic bag since it is a restaurant and hence not a
"merchant" under this law.
Ai kit
Local Law No. -2019
This local law shall be known as the "Carryout Bags" law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
The purpose of this local law is to minimize the number of bags that consumers in the Town of
Mamaroneck use only once to carry purchased merchandise and to encourage the use of reusable
bags.
The Town Board finds that single-use carryout bags (i. e. carryout bags that are not reusable bags)
have negative impacts upon the environment, such as emission of greenhouse gases and increases
in atmospheric acidification in their manufacture, proliferation of litter, pollution of the waters of
the Town and the waters beyond the Town, contribution to the volume of solid waste to be
collected and disposed of, interference with the function of storm water sewers and drains due to
bags becoming lodged in outlets, endangerment of wildlife due to their consumption of
indigestible items and by damage to their habitats, both terrestrial and marine. In addition, the
manufacture, transportation, recycling and/or disposal of single-use bags require an unnecessary
use of resources.
The Town Board determines that a shift to reusable bags from single-use bags in most retail
transactions will benefit the overall health, safety and welfare of the Town and the environment.
The Town Board also finds that a fee for using single-use bags is essential if there is to be a
transition from single-use bags to reusable bags because such a fee will encourage consumers to
use reusable bags rather than single-use bags or recycled paper bags. Furthermore, the Town
Board agrees with the Supreme Court of the State of Colorado which in Colo. Union of Taxpayers
Found. v City of Aspen, 418 P.3d 506 (Colo. 2018) held that the imposition of a fee for using single-
use bags is not a tax; but a fee designed to promote health, safety and welfare.
Section 2-Addition of a new chapter to the Mamaroneck Code:
The Code of the Town of Mamaroneck hereby is amended by adding the following new chapter
thereto:
Chapter 170
Carryout Bags
§170-1.Title.
This chapter shall be known as the"Carryout Bags Law of the Town of Mamaroneck."
§170-2. Purpose.
The purpose of this local law is to minimize the number of bags that consumers in the Town of
Mamaroneck use only once to carry purchased merchandise and to encourage the use of reusable
bags.
The Town Board finds that single-use carryout bags (i. e. carryout bags that are not reusable bags)
have negative impacts upon the environment, such as emission of greenhouse gases and increases
in atmospheric acidification in their manufacture, proliferation of litter, pollution of the waters of
the Town and the waters beyond the Town, contribution to the volume of solid waste to be
collected and disposed of, interference with the function of storm water sewers and drains due to
bags becoming lodged in outlets, endangerment of wildlife due to their consumption of
indigestible items and by damage to their habitats, both terrestrial and marine. In addition, the
manufacture, transportation, recycling and/or disposal of single-use bags require an unnecessary
use of resources.
The Town Board determines that a shift to reusable bags from single-use bags in most retail
transactions will benefit the overall health, safety and welfare of the Town and the environment.
The Town Board also finds that a fee for using single-use bags is essential if there is to be a
transition from single-use bags to reusable bags because such a fee will encourage consumers to
use reusable bags rather than single-use bags or recycled paper bags. Furthermore, the Town
Board agrees with the Supreme Court of the State of Colorado which in Colo. Union of Taxpayers
Found. v City of Aspen, 418 P.3d 506 (Colo. 2018) held that the imposition of a fee for using single-
use bags is not a tax;but a fee designed to promote health, safety and welfare.
§170-3. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section:
"Carryout bag" means the packaging used to transport items delivered by a merchant to a
consumer at the point of sale.
2
"Carryout bag cost pass-through" means the amount that a consumer must pay to a merchant that
supplies the consumer with a recycled paper bag or a reusable bag at the point of sale.
"Consumer" means a person who does not intend to resell items received from a merchant in a
retail transaction.
"Dry cleaners bag" means the packaging used to protect clothing from being soiled when it is
returned to a customer by a dry cleaner.
"Garment bag" means the packaging used by a consumer to transport clothing purchased by a
consumer from the point of sale.
"Merchant" means any person or any entity that engages in retail transactions, other than a
delicatessen, a not-for-profit organization, a restaurant, or a vendor at a farmer's market.
[MOBILE FOOD TRUCKS?????[
"Point of sale" means the place where a retail transaction concludes.
"Special item bag" means the packaging used by a consumer to transport bakery goods, candy,
cookies, fish, flowers, frozen foods, fruits, ice cream, grains, meats, nuts, potted plants, prepared
foods, vegetables or yogurts from the point of sale.
"Post-consumer materials" means items that cannot be used again for their initially intended
purpose but can be recycled into a new product.
"Prohibited bag" means a carryout bag that measures less than 28" by 36" in size and is not:
a dry cleaners bag, '
a garment bag,
a recycled paper bag,
a reusable bag,or
a special item bag.
"Recycled paper bag" means a bag that
contains no old-growth fiber,
is acceptable for recycling,
contains a minimum of 40% post-consumer materials if rated more
than eight-pounds and 20% post-consumer materials if rated less
than eight-pounds,
is capable of being composted consistent with the timeline and the
specifications of the American Society of Testing and Materials
(ASTM) as those timelines and specifications may exist from time to
time, and
has the words "Reusable" or "Recyclable" displayed on its outside.
"Retail transaction" means the delivery of items by a merchant to a customer.
3
"Reusable bag" means a bag with handles that
is made of cloth or other fabric specifically designed to be capable of
carrying 22 pounds for a distance of at least 175 feet at least 125
times,
is machine washable or otherwise easily cleaned and disinfected,
does not contain lead, cadmium or other heavy materials in
amounts, determined to be toxic by applicable state or federal
standards or regulations for packaging or reusable bags, and
if made of plastic, is no less than 2.25 thousandths of an inch thick.
§170-4. Restrictions on carryout bags.
A. A merchant shall not provide a prohibited bag as a carryout bag in a retail transaction.
This restriction shall not apply to:
a pharmacy (including a section of a mercantile establishment that
contains a pharmacy), but only with respect to the packaging of
prescription medications, or
a supermarket, grocery store, convenience food store, food mart,
food market, minimart or gasoline station store, but only with
respect to the packaging of foods prepared on-site for consumption
off-site.
B. A merchant shall be allowed to package the items delivered to a consumer at the end of a
retail transaction in a carryout bag supplied by the consumer, regardless of its type, and a
consumer may leave the point of sale with those items packaged in a carryout bag supplied by the
consumer.
C. Nothing in this chapter shall prevent a merchant from the delivering, or a consumer from
taking, the items delivered by a merchant to a consumer at the end of a retail transaction without
placing such items in a bag.
§170-5. Distribution of reusable bags and recycled paper bags.
A. A merchant may provide a consumer with a reusable bag or a recycled paper bag at the
point of sale only if collects from the consumer the carryout bag cost pass-through for each
reusable bag or a recycled paper bag that it provides. The carryout bag cost pass-through shall be
$0.25 for each reusable bag and$0.10 for each recycled paper bag. A merchant shall not rebate any
portion of the carryout bag cost pass-through or provide the consumer with a credit or other
reimbursement for any portion of the carryout bag cost pass-through; however, a merchant may
issue a credit to a consumer who brings his/her own carryout bag.
4
•
B. Prior to the conclusion of a retail transaction, a merchant must advise the consumer of the
carryout bag cost pass-through.
§170-6. Exempt retail transactions.
The following transactions are exempt from this chapter: (a) newspapers or periodicals delivered
to a residence or a business location, (b) yard sales, tag or estate sales and other types of sales
conducted by a person at his/her home and (c) items that are delivered by the United States Postal
Service or a private courier.
§ 170-7. Penalties for offenses; continuing violations.
The penalty for each violation of this chapter shall be****************
Section 3-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4-Effective Date:
This Local Law shall become effective upon the later of , 2019 or its filing with the
Secretary of State.
February 7,2019
5
1 OW11 01 INCW I.4JUC, IN I Lai- ym '. nags rage 1 or 4
Chapter 54 Carryout Bags
[HISTORY:Adopted by the Town Board of the Town of New Castle 5-31-2016 by L.L. No.4-2016E13.Amendments noted
where applicable.]
[i] Editor's Note:This local law provided an effective date of 1-1-2077.
§ 54-1 Purpose and intent.
A. In February 2008,the Town of New Castle became the first municipality in the State of New York to adopt the
New York State Department of Environmental Conservation's "Climate Smart Communities" pledge, a ten-
measure commitment to encourage renewable energy,to increase recycling efforts,and to incorporate climate
change sustainability,and the use of environmentally sound goods and services within all development plans. In
April 2011 the Town Board adopted a Climate Action Plan.
B. In accordance with the goals and objectives of the Climate Smart Communities Pledge and the Town's Climate
Action Plan,the Town Board seeks to conserve resources,reduce greenhouse gas (GHG) emissions,waste,litter
and pollution.An important part of that goal is to procure and use sustainable products and services.
C. The Town Board finds that the use of single-use carryout bags (plastic, paper,and biodegradable) has negative
environmental impacts, including GHG emissions, litter,water consumption,solid waste generation and effects
on wildlife and that numerous studies have documented the prevalence of single-use carryout bags littering the
environment, blocking storm drains and fouling beaches. Single-use plastic bags do not biodegrade but instead
break down into smaller pieces that are ingested by marine animals and make their way into the food chain.
Furthermore, the manufacturing, transport, recycling and/or disposal of paper bags require significant
environmental resources.
D. The Town Board believes that,from an overall environmental and economic perspective,a shift to reusable bags
is a better alternative to the continued use of single-use plastic and paper carryout bags.Similar policies adopted
in other jurisdictions have resulted in significant reductions in the use of single-use carryout bags. The Town
Board finds that such a shift in use shall be a benefit to the overall health,safety and welfare of the Town of New
Castle,its residents and the local environment.
E. The Town Board also finds that a carryout bag fee is an essential element of the movement away from single-use
carryout bags because it will discourage customers from using single-use carryout bags when shopping at
regulated stores and will encourage a shift towards the use of reusable bags. Any costs incurred by applicable
businesses, as defined herein, in providing paper bags and reusable bags will be at least partially offset by the
monetary proceeds from the carryout bag fee. Furthermore, such fee is not a tax because the monetary
proceeds will be retained by the retail establishments and this chapter shall not specify how the retailers must
expend the monies collected.
F. Therefore,for the foregoing reasons,the Town Board has decided to adopt a new chapter of the Town Code
designed to limit and discourage the use of disposable single-use carryout bags and incentivize the use of
reusable carryout bags.
§ 54-2 Definitions.
For purposes of this chapter,the following definitions shall apply:
APPLICABLE BUSINESS
A. Any of the following retail establishments located within the Town of New Castle:
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(i) A full-line,self-service retail store with gross annual sales of$2,000,000 or more that sells a line of dry
grocery,canned goods,or nonfood items and some perishable items.
(2) A drug store,pharmacy,supermarket,grocery store,convenience food store,farmer's market vendor,
food mart,food market,minimart or gasoline station store.
B. "Applicable business"does not include a restaurant,deli or any other business that receives 9o%or more of
its revenue from the sale of prepared food to be eaten on or off its premises.
CARRYOUT BAG COST PASS-THROUGH
The cost which must be collected by an applicable business from their customers when providing a reusable bag
or recycled paper bag.
POSTCONSUMER MATERIAL
A material that,having completed its intended end use or productive life,is ordinarily disposed of through solid
waste disposal. "Postconsumer material"does not include materials and byproducts generated from, and
commonly reused within,an original manufacturing and fabrication process.
RECYCLED PAPER BAG
A paper single-use carryout bag provided by an applicable business to a customer at the point of sale that meets
all of the following applicable requirements:
A. Except as otherwise provided in this section, the recycled paper bag contains a minimum of 4o%
postconsumer materials;
B. An eight-pound-rated or smaller recycled paper bag shall contain a minimum of 2o% postconsumer
material;
C. The recycled paper bag is accepted for curbside recycling in New Castle;
D. The recycled paper bag is capable of composting, consistent with the timeline and specifications of the
American Society of Testing and Materials (ASTM) Standard D6400,as published in September 2004;and
E. Printed on the recycled paper bag are the percentage of postconsumer material content and the word
"Recyclable."
RETAIL ESTABLISHMENT
Any corporation, partnership, business,facility,vendor,or organization located in the Town of New Castle that
sells or provides merchandise,goods or materials,including,without limitation,clothing,food,or personal items
of any kind, directly to a consumer."Retail establishment"includes,without limitation, any department store,
drug store,pharmacy,supermarket,grocery store,convenience food store,food mart,food market, liquor store,
minimart,gasoline station store, hardware store,deli, restaurant,farmer's market vendor,and any other retail
store or vendor.
REUSABLE BAG
A bag with handles that is designed and manufactured for multiple reuses and meets all of the following
requirements:
A. Is machine washable or easily cleaned or disinfected;
B. Does not contain lead,cadmium,or any other heavy metal in toxic amounts,as defined by applicable state
and federal standards and regulations for packaging or reusable bags;
C. If made of plastic,is a minimum of at least 2.25 mils(thousandths of an inch)thick;and
D. Has a minimum lifetime of 125 uses,which,for purposes of this subdivision, means the capability of carrying
a minimum of 22 pounds 125 times over a distance of at least 175 feet.
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1 UW11 Ul 1VGW LQSUG, IN I l.cuIyouL prigs r tgc 3 UI `f
SINGLE-USE CARRYOUT BAG
A bag other than a reusable bag provided at the check stand,cash register,point of sale,or other location for the
purpose of transporting food or merchandise out of a retail establishment. Single-use carryout bags do not
include:
A. Bags used to:
(i) Package loose bulk items, such as fruit, vegetables, nuts,grains, candy,cookies, or small hardware
items;
(2) Contain or wrap frozen foods,meat,or fish,whether prepackaged or not;
(3) Contain or wrap flowers, potted plants, or other items where damage to or contamination of other
goods placed together in the same bag may be a problem (includes paper bags to protect bottles,
newspaper bags,laundry dry-cleaning bags, plastic bags around ice cream or other wet items,and small
paper bags for greeting cards);or
(4) Contain unwrapped prepared goods or bakery goods.
B. Bags provided by pharmacists to contain prescription drugs;
C. Newspaper bags,door-hanger bags,or laundry-dry cleaning bags;or
D. Bags sold in packages containing multiple bags intended for use as garbage, pet waste,or yard waste bags.
SINGLE-USE PLASTIC CARRYOUT BAG
Any single-use carryout bag that is less than 2.25 mils (thousandths of an inch) thick and is made predominately
of plastic derived from petroleum or from bio-based sources, such as corn or other plant sources, that is
provided by a retail establishment or at a Town facility to a customer at the point of sale.
TOWN FACILITY
A park,building or other facility located on Town property or operated by the Town.
§ 54-3 Prohibition on distribution of single-use plastic carryout bags.
A. No retail establishment shall provide a single-use plastic carryout bag to a customer.
B. No person shall distribute a single-use plastic carryout bag at a Town-sponsored,-organized or-permitted event
at any Town facility.
§ 54-4 Regulation of distribution of reusable bags and recycled paper bags.
A. An applicable business shall not provide any type of carryout bag to a person at the point of sale unless it is a
reusable bag or a recycled paper bag.
B. An applicable business may only provide a reusable bag or recycled paper bag to a customer if it collects a
carryout bag cost pass-through from the customer for each reusable bag or recycled paper bag provided,as
detailed below:
(i) The carryout bag cost pass-through shall be no less than $o.io for a recycled paper bag and no less than
$0.25 for a reusable bag.
(2) No applicable business collecting a carryout bag cost pass-through pursuant to this section shall rebate or
otherwise reimburse a customer for any portion of this pass-through.
C.
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1 own of New Castle, N Y Carryout Bags rage 4 or 4
In order to protect customers by providing them with the option of not taking a bag that incurs a charge for
reusable bags and recycled paper bags, prior to providing a bag customers must be verbally informed of the
carryout bag cost pass-through at point of sale,and the customer transaction receipts shall indicate the number
of reusable bags and recycled paper bags provided and the total amount of the carryout bag cost pass-through.
D. An applicable business may provide reusable bags to customers at no cost only when combined with a time-
limited store promotional program, not to exceed three months in the year that this chapter is first executed,
and not to exceed two months per year every year thereafter.
E. Nothing in this chapter shall prohibit an applicable business from encouraging and providing incentives for the
use of reusable bags through education and through credits or rebates for customers that bring their own
carryout bags at the point of sale for the purpose of carrying away goods.
F. Nothing in this chapter shall prohibit customers from using bags of any type that they bring to the store
themselves or from carrying away goods that are not placed in a bag.
§ 54-5 Enforcement; penalties for offenses.
Any person or entity in violation of this chapter shall be guilty of a violation and shall receive a warning for the first
violation, may be subject to a fine in the amount of$150 for the second violation;$200 for the third violation,and
$250 for the fourth and subsequent violations occurring within a one-year period.
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4154-4938-1914.01 43235-2-64
At a regular meeting of the Town Board of
the Town of Mamaroneck, Westchester
County, New York, held at the Town Hall,
in Mamaroneck,New York in said Town, on
March 6, 2019, at :00 o'clock P.M.,
Prevailing Time.
PRESENT:
Supervisor
Councilman
Councilman
Councilman
Councilman
In the Matter
of
The Increase and Improvement of Facilities
of the Consolidated Water District in the PUBLIC INTEREST ORDER
Town of Mamaroneck, Westchester County,
New York
WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County,
New York, has duly caused to be prepared a map, plan and report including an estimate of cost,
pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement
of the facilities of the Consolidated Water District, in the Town of Mamaroneck, Westchester
County, New York, being the construction of a Kenilworth Water Storage Tank, reconstruction
4
of the Rye Lake Ultra Violet facility and paving and related water facility improvements,
including incidental improvements and expenses in connection therewith, at a maximum
estimated cost of$2,642,500 and
WHEREAS, at a meeting of said Town Board duly called and held on February 6, 2019,
an Order was duly adopted by it and entered in the minutes specifying the said Town Board
would meet to consider the increase and improvement of facilities of the Consolidated Water
District in said Town at a maximum estimated cost of $2,642,500, and to hear all persons
interested in the subject thereof concerning the same at the Town Hall, in Mamaroneck,
New York, in said Town, on March 6,2019, at : o'clock P.M., Prevailing Time; and
WHEREAS, said Order duly certified by the Town Clerk was duly published and posted
as required by law; and
WHEREAS, a public hearing was duly held at the time and place set forth in said notice,
at which all persons desiring to be heard were duly heard;NOW,THEREFORE,BE IT
ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County,
New York, as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found
and determined that it is in the public interest to make the increase and improvement of the
facilities of the Consolidated Water District, in the Town of Mamaroneck, Westchester County,
New York, consisting of the construction of a Kenilworth Water Storage Tank, reconstruction of
the Rye Lake Ultra Violet facility and paving and related water facility improvements, including
incidental improvements and expenses in connection therewith, at a maximum estimated cost of
$2,642,500.
Section 2. This Order shall take effect immediately.
-2-
l
The question of the adoption of the foregoing order was duly put to a vote on roll, which
resulted as follows:
VOTING
VOTING
VOTING
VOTING
VOTING
The Order was thereupon declared duly adopted.
* * * * *
-3-
1
4154-4938-1914.01 43235-2-64
BOND RESOLUTION
At a regular meeting of the Town Board of the Town of Mamaroneck, Westchester
County, New York, held at the Town Hall, in Mamaroneck, New York, in said Town, on the 6t'
day of March, 2019, at :00 o'clock P.M., Prevailing Time.
The meeting was called to order by , and
upon roll being called, the following were
PRESENT:
ABSENT:
The following resolution was offered by Councilman who
moved its adoption, seconded by Councilman to-wit:
BOND RESOLUTION DATED MARCH 6, 2019.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,642,500 BONDS
OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY,
NEW YORK, TO PAY THE COST OF THE INCREASE AND
IMPROVEMENT OF THE FACILITIES OF THE CONSOLIDATED WATER
DISTRICT, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY,
NEW YORK.
WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with
the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date
hereof, said Town Board has determined it to be in the public interest to improve the facilities of
the Consolidated Water District, in the Town of Mamaroneck, Westchester County, New York,
at a maximum estimated cost of$2,642,500; and
WHEREAS, the capital project hereinafter described, as proposed, has been determined
to be a Type II Action pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State Environmental Quality Review
Act, which as such, will not have any significant adverse effect on the environment NOW,
THEREFORE,BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County,
New York, as follows:
Section 1. For the class of objects or purposes of paying the cost of the increase and
improvement of the Consolidated Water District, in the Town of Mamaroneck, Westchester
County, New York, consisting of the construction of a Kenilworth Water Storage Tank,
reconstruction of the Rye Lake Ultra Violet facility and paving and related water facility
improvements, including incidental improvements and expenses in connection therewith, there
are hereby authorized to be issued $2,642,500 bonds of said Town pursuant to the provisions of
the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of the aforesaid
class of objects or purposes is $2,642,500, which class of object or purposes is hereby authorized
at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of
the $2,642,500 bonds of said Town authorized to be issued pursuant to this bond resolution.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is 40 years pursuant to subdivision 1 of paragraph a of
Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum
maturity of the serial bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Mamaroneck, Westchester County,
New York, are hereby irrevocably pledged for the payment of the principal of and interest on
such bonds as the same respectively become due and payable. An annual appropriation shall be
made in each year sufficient to pay the principal of and interest on such bonds becoming due and
payable in such year. To the extent not paid from monies raised from said Consolidated Water
District as applicable in the manner provided by law, there shall annually be levied on all the
taxable real property of said Town, a tax sufficient to pay the principal of and interest on such
bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes, is hereby delegated to the
Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the
provisions of the Local Finance Law.
-2-
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such
bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for
the interests of said Town, including, but not limited to, the power to sell said bonds to the
New York State Environmental Facilities Corporation; provided, however, that in the exercise of
these delegated powers, the Supervisor shall comply fully with the provisions of the Local
Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal
bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds,
who shall not be obliged to see to the application of the purchase money.
Section 7. All other matters except as provided herein relating to the serial bonds
herein authorized including the date, denominations, maturities and interest payment dates,
within the limitations prescribed herein and the manner of execution of the same, including the
consolidation with other issues, and also the ability to issue serial bonds with substantially level
or declining annual debt service, shall be determined by the Supervisor,the chief fiscal officer of
such Town. Such bonds shall contain substantially the recital of validity clause provided for in
Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such
recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the
Supervisor shall determine consistent with the provisions of the Local Finance Law.
Section 8. The Supervisor is hereby further authorized, at her sole discretion, to
execute a project finance and/or loan agreement, and any other agreements with the New York
State Department of Health and/or the New York State Environmental Facilities Corporation,
including amendments thereto, and including any instruments (or amendments thereto) in the
effectuation thereof, in order to effect the financing or refinancing of the class of objects or
-3-
purposes described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said
Town in the event of the sale of same to the New York State Environmental Facilities
Corporation.
Section 9. The power to issue and sell notes to the New York State Environmental
Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated
to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by
said Supervisor consistent with the provisions of the Local Finance Law.
Section 10. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said Town is
not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 11. This resolution shall constitute a statement of official intent for purposes
of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set
aside with respect to the permanent funding of the object or purpose described herein.
Section 12. This resolution, which takes effect immediately, shall be published in
summary form in the official newspaper, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
-4-
The question of the adoption of the foregoing resolution was duly put to a vote on roll
call,which resulted as follows:
VOTING
VOTING
VOTING
VOTING
VOTING
The resolution was thereupon declared duly adopted.
* * * * * *
-5-
Town of Mamaroneck 3 _6 ^ 1
From: Tony Siligato-Town Comptroller
Re: Fire Claims
Date: 03/06/2019 'I'q
The following Town of Mamaroneck Fire Department claims have been certified by Chief Joseph Russc
and submitted to the Comptroller's Office for payment:
VENDOR DESCRIPTION
AAA Emergency Supply Co. 6 Year Maintenance,hydrotest,recharge fire extinguisher $ 603.00
Amazon.Com $ 643.94
Spray Nine heavy duty,Sani-Cloth Super,lysol disinfectant spray,angel soft paper,duct tape,
metal/woodcuttin,bic,Navepoint 6U wallmount,Dewalt 8-inch Crimped B,Delta Power Tool
ASAP Shipping fee for pager repair $ 36.41
AJ Electric of Westchester Quad receptacle in Tool Storage Room,2 quad receptacles in 2nd Floor Chief Office $ 675.00
CIT Finance LLC Xerox Copier contract 2/19/19 $ 296.68
Cablevision Cable services for 2/23/19-3/22/19 $ 224.20
Dimuro Awards LLC Plaque,engraving and clock $ 263.75
Home Depot Supplies $ 203.41
Interstate Diagnostics Inc. Physical examination for Jeffrey Nabi and Brian Payne $ 600.00
M.S.L.Refrigeration,Inc. Repairs to refrigeration-Evaporator fan motor kit $ 234.50
New England Uniform Co. Chief,Honorary Chief Badges $ 160.00
Town of Mam'k PFFA Life Insurance for Career Staff of 14 for the Month of Dec.2018-two pay periods $ 220.08
Town of Mam'k PFFA Life Insurance for Career Staff of 14 for the Month of Jan.2019-two pay periods $ 220.08
Town of Mam'k PFFA Life Insurance for Career Staff of 14 for the Month of Feb.2019-two pay periods $ 220.08
Town of Mam'k Fire Dept. Food for Feb.2019 Drill-Avenue Deli 2/19/19 $ 200.00
Town of Mam'k Fire Dept. Food for Feb.2019 Drill-Stop&Shop 2/19/19,11 Members To Li Conference/Show 2/17/15 $ 371.03
UniFirst Corporation Cleaning Supplies 2/15/19,2/22/19 $ 146.52
Verizon Fire HQ Service 2/10-3/9/19 $ 256.20
Villa Maria Pizza Food for Explorer/New Member Drill 2/6/19,Standby for Crew-snow Storm 2/12/19 $ 193.97
Villa Maria Pizza Food for Fast Drill 2/27/19 $ 79.71
$ -
$ -
$
$ -
$ -
$
$ -
$ -
$
$ -
$
$
$
$
$
$
$
Total: $ 5,848.56
TOWN OF MAMARONECK FIRE DEPARTMENT
OFFICE OF THE c1741.11#7
°CHIEF / Headquarters
205 WEAVER STREET
WEAVER LARCH MONT,NEW YORK 10538
834-2100 EMERGENCY
834-2101-NON EMERGENCY
t
ilaibew
834-2438 CHIEF'S OFFICE
STREET , 834-0922-FAX
WWW.TMFD.ORG
41.44.200N
To: Board of Fire Commissioners
From: Chief Joseph Russo
Date: March 1, 2019
Re: Fire Report for the Month of February 2019
The following report outlines response to calls made during the month of February 2019. It summarizes
the nature, the number of personnel responding and the total time spent.
I have also attached a report showing a further breakdown of these alarms.
Alarm Type Number
Generals 24
Minors 20
Stills 2
Out of Town (Mutual Aid) 3
EMS 28
Drills 8
TOTAL 85
Total number of personnel responding: 850
Total time working: 50 hours and 36 minutes
Respectfully Submitted,
hief Jose Russo
1 1
Incident Type Count Report
Date Range: From 2/1/2019 To 2/28/2019
Selected Station(s): All
Incident
Type Description Count
Station: EMS
321 -EMS call,excluding vehicle accident with injury 28 36.36%
Total-Rescue&Emergency Medical Service Incidents 28 100.00%
Total for Station 28 36.36%
Station: HO
321F-EMS call,excluding vehicle accident with injury 1 1.30%
322F-Vehicle accident with injuries 3 3.90%
324F-Motor vehicle accident with no injuries 3 3.90%
353F-Removal of victim(s)from stalled elevator 1 1.30%
357-Extrication of victim(s)from machinery 1 1.30%
Total-Rescue&Emergency Medical Service Incidents 9 19.15%
400-Hazardous condition,other 1 1.30%
412-Gas leak(natural gas or LPG) 3 3.90%
424-Carbon monoxide incident 2 2.60%
440-Electrical wiring/equipment problem,other 1 1.30%
444-Power line down 1 1.30%
Total-Hazardous Conditions(No fire) 8 17.02%
511 -Lock-out 1 1.30%
520-Water problem,other 1 1.30%
550-Public service assistance,other 1 1.30%
571 -Cover assignment,standby,moveup 1 1.30%
Total-Service Call 4 8.51%
611 -Dispatched&cancelled en route 1 1.30%
622-No incident found on arrival at dispatch address 1 1.30%
651 -Smoke scare,odor of smoke 5 6.49%
652-Steam,vapor,fog or dust thought to be smoke 1 1.30%
Total-Good Intent Call 8 17.02%
736-CO detector activation due to malfunction 3 3.90%
743-Smoke detector activation,no fire-unintentional 2 2.60%
744-Detector activation,no fire-unintentional 1 1.30%
745-Alarm system sounded,no fire-unintentional 10 12.99%
746-Carbon monoxide detector activation,no CO 2 2.60%
Total-Fals Alarm&False Call 18 38.30%
Total for Station 47 61.04%
Station: STIL
321 -EMS call,excluding vehicle accident with injury 2 2.60%
Total-Rescue&Emergency Medical Service Incidents 2 100.00%
Total for Station 2 2.60%
77 100.00%
Page 1 of 1 Printed 03/01/2019 08:24:28
w/• O 9
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3 --6 - � �
9 Town of Mamaroneck
� o
W F.IA - County of Westchester 2—
740 West Boston Post Road, Mamaroneck, NY 10543-3353
COUNSEL TEL: 914/381-7815
FAX: 914/381-7809
WMakerJr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Stephen V. Alfieri, Town Administrator
From: William Maker,Jr., Attorney for the Town
Subject: Winged Foot Holdings Corporation
Date: February 15, 2019
As part of the process for approving the parking lot, the pool house and the staff housing,
Winged Foot is required to enter into an agreement to control storm water and to maintain the
facilities that perform the control function.
I attach the proposed Stormwater Control Facilities Maintenance and License Agreement.
It has been reviewed by the Town's resident and outside engineers, both of whom are satisfied
with it.
The Town Board is asked to approve this Agreement and authorize the Town
Administrator to execute it and the documents that are required in order to have the Agreement
recorded by the County Clerk.
i, Printed on Recycled Paper
1
4
STORMWATER CONTROL FACILITIES
MAINTENANCE AND LICENSE AGREEMENT
Section 003
Block 047
Lot 1../1
Town of Mamaroneck
County of Westchester
State of New York
Record and return to:
Town Attorney
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck,New York 10543
Attn: William Maker,Jr., Esq.
STORMWATER CONTROL FACILITIES
MAINTENANCE AND LICENSE AGREEMENT
WHEREAS, the Town of Mamaroneck (hereinafter the "Town"), 740 West Boston Post
Road Mamaroneck,NY and Winged Foot Holdings Corporation ("WFHC" or"Property Owner"),
851 Fenimore Road Mamaroneck, NY, as well as Winged Foot Golf Club Inc. ("WFGC"), 851
Fenimore Road Mamaroneck, NY want to enter into an agreement to provide for the long term
maintenance and continuation of stormwater control measures approved by the Town for the
below named project, located on property known as the Winged Foot Golf Course located in the
Town of Mamaroneck, County of Westchester, State of New York; and
WHEREAS, the Town and the Property Owner desire that the stormwater control
measures be built in accordance with the approved project plans and thereafter be maintained,
cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance
of the components. Therefore,the Town and the Property Owner agree as follows:
1. This agreement binds the Town and the Property Owner, its successors and
assigns, to the maintenance provisions associated with the Stormwater Control Facilities
depicted on
Parking Lot and Staff Housing Improvement Plans, dated (last revised)
February 18,2014
• Cover Sheet
• Sheet 1/14 Overall Existing Conditions Plan
• Sheet 2/14 Overall Proposed Site Plan
• Sheet 3/14 Enlarged Site Plan
• Sheet 4/14 Enlarged Grading, Drainage and Sewer Plan
• Sheet 5/14 Enlarged Utility Plan
• Sheet 6/14 Enlarged Sediment&Erosion Control Plan
• Sheet 7/14 Enlarged Landscaping Plan
• Sheet 8/14 Enlarged Photometric Lighting Plan
• Sheet 9/14 Driveway Profile and Details
• Sheet 10, 11, 12, 13, 14/14 Details
Stormwater Pollution Prevention Plan Report for Winged Foot Golf Club Staff Housing
Complex and Employee Parking Area Improvements dated (last revised) February 2014.
Pool House Improvement Plans, dated (last revised) November 26,2012
• Sheet C1.00 Existing Conditions Plan
• Sheet C2.00 Demolition Plan
• Sheet C3.00 Pool House Layout Plan
• Sheet C3.01 Overall Pool House Grading and Stormwater Management Plan
• Sheet C3.02 Enlarged Pool House Grading and Stormwater Management Plan
1
• Sheet C3.02 Enlarged Pool House Grading and Stormwater Management Plan
• Sheet C3.03 Enlarged Pool House Utility Plan
• Sheet C3.04 Enlarged Pool House Erosion and Sediment Control Plan
• Sheet C4.00 Enlarged Pool House Landscape Plan
• Sheet C5.00 Details
• Sheet C5.01 Details
• Sheet C5.02 Details
• Sheet C5.03 Erosion and Sediment Control Notes/Details
• Sheet 1/2 Pre Development Hydrology Plan
• Sheet 2/2 Post Development Hydrology Plan
Stormwater Pollution Prevention Plan Report for Winged Foot Golf Club Pool Area
Improvements, dated (last revised) November 2012.
All plans are prepared by Kellard Sessions Consulting, P.C., and as described in a
document entitled.
2. The Property Owner shall maintain, clean, repair and continue the Stormwater
Control Facility measures depicted in Schedule A as necessary to ensure optimum performance
of the measures to design specifications.
3. This Agreement shall run with the land shall be binding on the successors and
assigns of the Property Owner. In the event that the property is conveyed to another party or parties,
the subsequent owner or owners shall, as a result of such conveyance, assume all responsibility for
performing the maintenance referred to in Paragraph 2 above, and for any other costs associated
with using, maintaining and replacing the Stormwater Control Facilities to be located on the
property. The conveyance of the property shall unconditionally release the party conveying any such
land from obligations contained herein, unless provided for otherwise in a contract of sale or
agreement between the parties to any such conveyance.
4. The Property Owner shall be responsible for all expenses related to the
maintenance of the stormwater control facilities.
5. The Property Owner shall provide for the periodic inspection of the stormwater
control measures, not less than once in every five (5) year period, to determine the condition and
integrity of the measures. Such inspection shall be performed by a Professional Engineer licensed
by the State of New York. The inspecting engineer shall prepare and submit to the Town within
30 days of the inspection, a written report of the findings including recommendations for those
actions necessary for the continuation of the stormwater control measures.
2
1
6. The Property Owner shall not authorize, undertake or permit alternation,
abandonment, modification or discontinuation of the Stormwater Control Facilities, without
approval of the Town.
7. The Property Owner shall undertake necessary repairs and/or replacement of the
stormwater control measures to ensure performance of the Stormwater Control Facilities.
8. This Agreement shall be recorded in the Office of the County Clerk of
Westchester to the extent accepted by the Clerk. This Agreement shall also be on file in the
Town Clerk's Office and the Building Department of the Town of Mamaroneck.
9. (a) The Town shall have the right, at reasonable times and upon reasonable prior
notice to the Property Owner, to enter upon the property for the purpose of performing an
inspection and determining whether the Stormwater Control Facilities are being maintained in
proper working condition in accordance with the terms hereof, and the Town is hereby granted a
license over the property for the purpose of performing such inspection(s).
(b) In the event that the Town, determines that the Property Owner has failed to
construct or maintain the Stormwater Control Facilities in accordance with the approved project
plans and the program, or has failed to undertake corrective actions specified by the Town or by the
Inspecting Engineer or has placed any building, structure, wall or other fixture within the
Stormwater Control Facilities, other than those items specified in paragraph 1 or Schedule A,
(Prohibited Objects) the Town, after giving the Property Owner ten (10) business days' notice,
shall have the right but not the obligation to enter upon the Property Owner's Property to
construct or maintain the Stormwater Control Facilities in accordance with the approved project
plans and the program, or undertake corrective actions specified by the Town or by the Inspecting
Engineer, or remove any Prohibited Object. The Property Owner shall reimburse the Town for all
of the "soft" and "hard" costs of doing the aforementioned work, including the pro-rated portion
of the salaries (including overtime) of Town employees who perform or supervise all or some of
the work. If not paid, the Town shall have the right to add that cost to the Tax imposed by the
Town on the Property Owners' Property. In addition, the Owners shall reimburse the Town for
any costs the Town incurs in attempting to collect the cost of fixing the damage (e.g. reasonable
attorney's fees, fees paid to a collection agency, court costs, etc.). If not paid, the Town shall
have the right to add such collection costs to the Tax (as defined in section 102 (20) of the New
York Real Property Tax Law) imposed by the Town on the Owners' Property.
(c) The Town may delegate the rights granted to it in this agreement;provided that
the entity to which the delegation is made agrees to comply with the obligations imposed upon
3
the Town hereunder and provided further that the Town continues to be responsible to perform
those obligations if that entity fails to do so
10. The agreement is effective as of the date of execution by both of the parties hereto.
f�� r
Town of Mamaroneck Winged Foot Golf Club, Inc. &ese Off?
Winged Foot Holding Corp.
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State of ifklJ
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County of
On the (0•Iday of in the year 2017 before me, the undersigned,
personally appeared 7Ik)Mq A. Ce5/F personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the
person u.. • • .f which the individual(s) acted, executed the instrument.
_Adifililir
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(sig . re and offic- • indivi.ual taking acknowledgment) DARIUS P.CHAF►7A� York
Y PUBUC,., tate of
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NOTARY N -
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State of/1114,Y )
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County o )
On the day of `/I/ in the year 2017 before me, the undersigned,
personally appeared p.J SA0Kal Cpersonally known to me or proved to me on
the basis of satisfactory evidence to be the . vidual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacit '- , : : sat by his/her/their signature(s) on the instrument, the individual(s), or the
perso, upon behal . - ' . . dividual(s) acted, executed the instrument.
DARIUS P.CHAR�DNe York
(sign. . •. office of individual taking acknowledgment) NOTARY 4
State of )
) ss.:
County of )
On the day of in the year 2017 before me, the undersigned,
personally appeared personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument.
(signature and office of individual taking acknowledgment)
5
SCHEDULE A
POST-CONSTRUCTION STORMWATER FACILITY INSPECTION AND
MAINTENANCE PROGRAM
General
The "Enlarged Grading, Drainage and Sewer Plan" (Sheet 4/14), "Enlarged Sediment & Erosion
Control Plan" (Sheet 6/14) and "Details"(Sheet 10/14, 11/14, Sheet 12/14, Sheet 13/14 and Sheet 14/14)
for the Parking Lot and Staff Housing Improvements and the "Enlarged Pool House Grading and
Stormwater Management Plan"(Sheet C3.02),"Enlarged Pool House Erosion and Sediment Control Plan"
(Sheet C3.04), "Details" (Sheets C5.00, C5.01 and C5.02) and "Erosion and Sediment Control
Notes/Details" (Sheet C5.03) for the Pool House Improvements are integral components of the post-
construction stormwater facility inspection and maintenance program. The owner, its successors and/or
assigns shall completely familiarize themselves with the plans,details and notes.
The drainage collection system, rain garden, permeable pavers, hydrodynamic separator,
underground detention system and their related appurtenances shall be collectively referred to herein as
the"stormwater facilities."
The owner, its successors and/or assigns shall be responsible for the ongoing inspection and
maintenance of the stormwater facilities. The purpose of the inspection/maintenance program is to
provide basic instructions to the owner as to the proper inspection and maintenance of the stormwater
facilities and related appurtenances and to help the owner identify if these facilities are not performing
properly.
The applicant must execute a maintenance license agreement that shall be binding on all
subsequent land owners served by the stormwater management facilities. The license shall provide for
access to the facility at reasonable times for periodic inspection by the Town of Mamaroneck to ensure
that the facility is maintained in proper working condition to meet design standards and any other
provisions established by the Town. The license shall be recorded by the grantor in the office of the
County Clerk and Town Clerk after approval by the Town Attorney for the Town of Mamaroneck.
Inspection and Maintenance of Permanent Drainage Systems and BMPs
1. General Stormwater Facilities(i.e.,drain inlets,channel drains, permeable
payers,rain gardens and rip-rap outlets)
These stormwater facilities shall be inspected weekly for the first three (3) months following the
completion of construction. Thereafter, these facilities shall be inspected at a minimum quarterly, and
always immediately following a rain event. Upon inspection, facilities shall be immediately maintained
and/or cleaned as may be required. Any site areas exhibiting soil erosion of any kind shall be immediately
restored and stabilized with vegetation, mulch or rip-rap stone, depending on the area to be stabilized.
Upon each inspection, all visible debris including, but not limited to, twigs, leaf and forest litter
shall be removed from discharge points and frames and grates of drainage structures.
2. Vegetated Areas
The established lawn areas within swales and rain gardens shall be mowed regularly. Any debris,
litter or fallen trees/shrubs shall be removed from the area at the time of each mowing, unless such debris
1
t•
impedes the proper flow of water, in which case all debris shall be immediately removed upon inspection.
All visible accumulated sediments shall be removed when sediments become clearly visible.
Special care shall be taken when removing sediment so as not to disrupt the intended finished
grades within the swales and rain gardens.
3. Drain Inlets
All drain inlets have been designed with sumps to trap sediment prior to its transport downstream.
These sumps will require periodic inspection and maintenance to ensure that adequate depth is maintained
within the sumps.
All sumps shall be inspected once per month for the first three (3) months (after drainage system
has been put into service). Thereafter, all sumps shall be inspected every four(4)months(i.e., production
of V2 inch of rainfall or greater). The owner shall take measurements of the sump depth.
If sediment has accumulated to one-half the depth of the sump, all sediment shall be removed
from the sump. Sediments can be removed from the sumps with hand-labor or with a vacuum device.
4. Underground Detention System and Outlet Structure
The underground piped detention system and outlet structure have been designed with access
manways to provide a means of periodic inspection and maintenance to ensure that storage capacity is
maintained within the system and the outlet functions as designed. The system shall be inspected
annually. Sediment accumulation shall be cleaned from the piped system once a depth of six (6) inches
has been reached. Once sediment has accumulated to one-half the depth of the sump in the outlet
structure, it shall be removed. Sediments can be removed from the sump with hand labor or with a
vacuum device.
The outlet structure should be inspected quarterly for any structural deficiencies or blockages in
the discharge point. Any defects or blockage shall be repaired/cleared as soon as practicable. Entry to the
detention system must be done in accordance with OSHA regulations for confined space entry.
5. Downstream Defender Water Quality Structures
The Downstream Defender is a high performance hydrodynamic separator that is a highly
effective means for the removal of sediment, floating debris and free-oil. The Downstream Defender
chamber can be inspected and maintained completely from the surface elevation. The unit shall be
inspected quarterly for the first year of operation and semi-annual for subsequent years.
Free-floating oil and flotable debris shall be observed, maintained and removed through the
manhole access provided directly over the swirl chamber. The cleanout of accumulated sediment shall be
performed when the sediment is within 30 to 36 inches of the water surface. The depth of the sediment
shall be measured by the use of a stadia rod or a measurement tape. The sediment and debris can be
removed with hand labor or with a vacuum device.
2
3
O� �� 3 -� 5
; TOWN OF MAMARONECK
0
z Town Center
L 740 West Boston Post Road, Mamaroneck, NY 10543-3353
•FOUNDED 7661 • TEL: 914/381-7810
OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809
Saltieri@townofmamaroneckNY.org
www.townofinamaroneck.org
Memorandum
To: Supervisor & Town Board
Re: Report of Bids—Contract TA-19-03 Street Sweeping Services
Date: February 28, 2019
On Tuesday, February 26, 2019, the Town publicly opened and read bids for Street Sweeping
Services in the unincorporated Town. The scope of the contract requires the successful bidder
to provide, when requested, street sweepers for the sweeping of all Town streets and parking
lots. The bid also required pricing for the disposal of the sweeping debris in accordance with the
requirements of the New York State DEC.
The Town received one bid from 3D Industrial Maintenance, the Town's current contractor, to
provide a street sweeper at the cost of$784.00 per eight hour day. The cost for the handling of
debris is $90.00 per yard. The proposed contract is for two years. The prices bid by 3D
Industrial Maintenance are the same for both the years 2019 & 2020. Actually, 3D Industrial
Maintenance charged the Town the same rate in 2018. The Highway Department has been
pleased with the service provided by 3D Maintenance.
REQUESTED ACTION: THAT THE TOWN BOARD APPROVE THE BID SUBMITTED BY 3D INDUSTRIAL
MAINTENANCE FOR STREET SWEEPING SERVICES AND THAT THE TOWN ADMINISTRATOR BE
AUTHORIZED TO EXECUTE A CONTRACT WITH 3D MAINTENANCE.
Stephen V. Altieri
Town Administrator
HIGHWAY DEPARTMENT Town of Mamaroneck BID TABULATION
CONTRACT No. TA-19-03
STREET SWEEPING SERVICES
Pre qualification? YES Pre qualification?
Bid Bond? YES Bid Bond? Previous Contract-TA-17-01
THREE-D INDUSTRIAL MAINT. SUBURBAN CARTING CO. THREE-D INDUSTRIAL MAINTENANCE
3 Browns Lane 566 North State Road 3 Browns Lane
2019 Hawthorne,NY 10532 Briarcliff Manor,NY 10510 Hawthorne,NY 10532
Base Bid Item# Bid Quantity Unit Unit Bid Cost Extended Total Unit Bid Cost Extended Total Unit Bid Cost Extended Total
STREET SWEEPING 30 DAYS $ 784.00 $ 23,520.00 $ 784.00 $ 23,520.00
DEBRIS HANDLING 100 CY $ 90.00 $ 9,000.00 NO BID $ 90.00 $ 9,000.00
Year 2019 Bid Total $ 32,520.00
$ each yr $ 32,520.00
Total $ 65,040.00
THREE-D INDUSTRIAL MAINT. SUBURBAN CARTING CO.
3 Browns Lane 566 North State Road
2020 Hawthorne,NY 10532 Briarcliff Manor,NY 10510
Base Bid Item# Bid Quantity Unit Unit Bid Cost Extended Total Unit Bid Cost Extended Total
STREET SWEEPING 30 DAYS $ 784.00 $ 23,520.00
DEBRIS HANDLING 100 CY $ 90.00 $ 9,000.00 NO BID
Year 2020 Bid Total $ 32,520.00 $ -
(Total 2-YR bid $ 65,040.00
t4
0 o Town of Mamaroneck
Z
m Town Center
= t
740 West Boston Post Road, Mamaroneck, NY 10543-3353
•f OUNDED 1G61 •
TEL: 914/381-7810
OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809
saltieri@townofinamaroneckNY.org
Memorandum
To: Supervisor & Town Board
Re: Capital Project 2019-24 Ice Rink Improvements
Date: March 1, 2019
The first phase of this project will be the preparation of the final design, engineering, and
preparation of bidding documents. Attached for your review is a proposed agreement between
the Town and Wes & Sampson to conduct the work described. The attached packet includes the
proposed contract, scope of work, tentative project schedule and the most recent cost estimate.
Page 6 of Attachment A lists the individual fees for each of the tasks that will be required of the
consultant for this project. If the firm is retained for all of the tasks listed in the attachment the
total fee will be $80,000.00. At this time, however, the more important tasks are Task A
through Task E which would include all services up to and including the review of the project
bids.
ACTION REQUESTED: THAT THE TOWN BOARD APPROVE THE PROPOSED CONTRACT BETWEEN WES &
SAMPSON FOR CONSULTING AN ENGINEERING WORK ASSOCIATED WITH CAPITAL PROJECT 2019-24—
ICE RINK IMPROVEMENTS AND THAT THE TOWN ADMINISTRATOR BE AUTHORIZED TO EXECUTE THE
CONTRACT.
Stephen V. Altieri
Town Administrator
Standard Contract Form
Weston& Sampson, PE, LS, LA, PC and OWNER
Revised January 18, 2018
AGREEMENT FOR ENGINEERING SERVICES
BY AND BETWEEN THE
TOWN OF MAMARONECK,NEW YORK
AND
WESTON & SAMPSON, PE, LS, LA, PC
THIS AGREEMENT is made this 4th day of March ,2019 ,by and between
The Town of Mamaroneck,New York, acting herein by and through its Town Administrator
, hereinafter called the OWNER and WESTON & SAMPSON, PE, LS, LA, PC, with offices at 1
Winners Circle, Suite 130, Albany,New York 12205, hereinafter called the ENGINEER.
WITNESSETH, for the consideration hereinafter set forth, the parties hereto agree as follows:
ARTICLE 1 - ENGAGEMENT OF THE ENGINEER
1.1 THE OWNER hereby engages the ENGINEER, and the ENGINEER hereby accepts the
engagement to perform certain professional engineering services hereinafter described as
RENOVATIONS TO HOMMOCKS RINK
hereinafter called the PROJECT.
1.2 The ENGINEER's services shall be performed in a manner consistent with that degree of
skill and care ordinarily exercised by practicing design professionals performing similar
services in the same locality, at the same site and under the same or similar circumstances
and conditions. The ENGINEER makes no other representations or warranties, whether
expressed or implied, with respect to the services rendered hereunder.
ARTICLE 2 - SCOPE OF SERVICES
2.1 As Described in Attachment "A"
2.2 The following services listed in this section are not included as part of this AGREEMENT
and are not paid for by the OWNER:
2.2.1 Preparation or review of environmental assessments and impact statements;review
and evaluation of the effect on the design requirements of the Project of any such
statements and documents prepared by others;and assistance in obtaining approvals
of authorities having jurisdiction over the anticipated environmental impact of the
Project.
2.2.2 Services resulting from significant changes in the general scope,extent or character
of the Project or its design including,but not limited to,changes in size,complexity,
unexpected site conditions or unanticipated hazardous materials, OWNER's
schedule,character of construction or method of financing;and revising previously
accepted studies, reports, design documents or Contract Documents when such
revisions are required by changes in laws, rules, regulations, ordinances, codes or
orders enacted subsequent to the preparation of such studies,reports or documents,
or are due to any other causes beyond ENGINEER's control.
2.2.3 Investigations and studies involving, but not limited to, detailed consideration of
operations, maintenance and overhead expenses; during the course of design; the
preparation of feasibility studies; cash flow and economic evaluations; rate
schedules and appraisals; assistance in obtaining fmancing for the Project;
evaluation processes available for licensing and assisting OWNER in obtaining
process licensing; detailed quantity surveys of material, equipment and labor; and
audits or inventories required in connection with construction performed by
OWNER.
2.2.4 Services during out-of-own travel required of ENGINEER other than visits to the
site or OWNER's office,as required under Article 2.
2.2.5 Assistance in connection with bid protests,rebidding or renegotiating contracts for
construction,materials, equipment,or services.
2.2.6 Preparing to serve or serving as a consultant or witness for OWNER in any
litigation, arbitration or other legal or administrative proceeding involving the
Project.
2.2.7 Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of
defective or neglected work of Contractor(s), (3)prolongation of the contract time
of any prime contract beyond the date for final completion as set forth in the
Contract Documents, (4) acceleration of the progress schedule involving services
beyond normal working hours [five 8-hour days per week] and (5) default by
Contractor(s).
2.2.8 Protracted or extensive assistance in the utilization of any equipment or system.
ARTICLE 3 -RESPONSIBILITIES OF THE OWNER
The OWNER, without cost to the ENGINEER, shall do the following in a timely manner so as not
to delay the services of the ENGINEER:
3.1 Designate in writing a person to act as the OWNER's representative with respect to work
to be performed under this AGREEMENT, such person to have complete authority to
transmit instructions, receive information, interpret and define the OWNER'S policies and
decisions with respect to materials, equipment elements and systems pertinent to the work
covered by this AGREEMENT.
3.2 Through its officials and other employees who have knowledge of pertinent conditions,
confer with the ENGINEER regarding both general and special considerations relating to
the PROJECT.
3.3 Assist the ENGINEER by placing at the disposal of the ENGINEER, all available
information pertinent to the PROJECT including previous reports and any other data
relative to design or construction of the PROJECT.
3.4 Pay all application and permit fees associated with approvals and permits from all
governmental authorities having jurisdiction over the PROJECT and such approvals and
consents from others as may be necessary for completion of the PROJECT.
3.5 Arrange for access to and make all provisions for the ENGINEER to enter upon public
lands as required for the ENGINEER to perform its work under this AGREEMENT.
3.6 Furnish the ENGINEER all needed property, boundary and right-of-way maps.
3.7 Cooperate with and assist the ENGINEER in all additional work that is mutually agreed
upon.
3.8 Pay the ENGINEER for work performed in accordance with the terms specified herein.
3.9 Assist the ENGINEER in the distribution of the sewer needs survey questionnaires within
the planning boundary of the OWNER and return to the ENGINEER for evaluation.
3.10 Pay for concrete testing laboratory services or other construction testing services as
required for the project.
3.11 Operate all valves,pumps,instrumentation,and other equipment as required to support the
ENGINEER and Contractor personnel in carrying out systems and plant startup and testing
operations.
ARTICLE 4-TIME OF PROJECT
4.1 The ENGINEER will initiate work under this AGREEMENT following formal acceptance
of this AGREEMENT by the OWNER. The ENGINEER agrees to provide services for
the estimated duration of work, starting within 7 days of signing this AGREEMENT
and concluding by THE DATE ESTABLISHED IN EXHIBIT"A".
ARTICLE 5 -PAYMENTS TO THE ENGINEER(USE FOR LUMP SUM)
5.1 For services performed under this AGREEMENT, the OWNER agrees to pay the
ENGINEER the lump sum fee of$As SET FORTH IN ExEnBrr"A"for the scope of services
described in Article 2 of this AGREEMENT. Fees for this PROJECT shall be billed
monthly as they accrue based upon the services performed as a percent of the total lump
sum fee. The OWNER agrees to make payment to the ENGINEER within thirty(30)days
of the invoice date.
5.2 If the OWNER fails to make any payment due the ENGINEER for services and expenses
within thirty (30) days after receipt of the ENGINEER'S statement therefore, the
ENGINEER may, after giving seven (7) days' written notice to the OWNER, suspend
services under this AGREEMENT. Unless the ENGINEER receives payment within seven
(7)days of the date of the notice,the suspension shall take effect without further notice. In
the event of a suspension of services,the ENGINEER shall have no liability to the OWNER
for delay or damage caused the OWNER because of such suspension of services.
ARTICLE 6 - INSURANCE
6.1 General Liability Insurance
The ENGINEER shall secure and maintain, for the duration of this PROJECT, the
following General Liability Insurance policy or policies at no cost to the OWNER. With
respect to the operations the ENGINEER performs, the ENGINEER shall carry
Commercial General Liability Insurance providing for a combined single limit of One
Million Dollars ($1,000,000) for bodily injury, death, and property damage.
6.2 Automobile Liability Insurance
The ENGINEER shall secure and maintain, for the duration of this PROJECT,Automobile
Liability Insurance covering the operation of all motor vehicles, including those hired or
borrowed, used by the ENGINEER in connection with this AGREEMENT, in the
following amount:
6.2.1 Not less than Five Hundred Thousand Dollars ($500,000) for all damages arising
out of bodily injuries to or death of one person and subject to that limit for each
person, a total limit of Five Hundred Thousand Dollars($500,000) for all damages
arising out of bodily injuries to or death of two or more persons in any one accident
or occurrence, and
6.2.2 Not less than One Hundred Thousand Dollars ($100,000) for all damages arising
out of injury to or destruction of property in any one accident or occurrence.
6.3 Umbrella Liability Insurance
In addition to the above-mentioned coverage, the ENGINEER shall carry a minimum of
One Million Dollar ($1,000,000) umbrella liability policy for the duration of the
PROJECT.
6.4 Professional Services Liability Insurance
The ENGINEER shall secure, at its own expense, a Professional Services Liability
Insurance policy with a limit of$3,000,000 per claim and in the aggregate, and maintain
such policy for the duration of the PROJECT.
6.5 Workers Compensation Coverage
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6.5.1 The ENGINEER shall maintain statutory Worker's Compensation insurance coverage
for all of its employees at the PROJECT as required by the State of New York.
6.5.2 The OWNER shall maintain statutory Worker's Compensation insurance coverage
for all of its employees at the PROJECT as required by the State of New York.
ARTICLE 7 -LIMITATION OF LIABILITY AND INDEMNIFICATION
7.1 To the fullest extent permitted by law, the total liability in the aggregate, of ENGINEER
and its officers,directors, employees,agents,and independent professional associates,and
any of them,to the OWNER and any one claiming by,through or under OWNER, for any
and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any
way related to ENGINEER'S services,the project, or this AGREEMENT,from any cause
or causes whatsoever, including but not limited to,the negligence,errors,omissions,strict
liability,breach of contract,misrepresentation,or breach of warranty of ENGINEER or its
officers, directors, employees, agents or independent professional associates, or any of
them, shall not exceed the total compensation received by ENGINEER under this
AGREEMENT,or$50,000,whichever is greater. ENGINEER shall have no upfront duty
to defend the OWNER but shall reimburse defense costs of the OWNER to the same extent
of its indemnity obligation herein.
7.2 To the fullest extent permitted by law, and subject to the limitation of liability set forth in
7.1,the ENGINEER agrees to indemnify and hold harmless the OWNER and its officers,
directors, employees, agents, and independent professional associates, and any of them,
from any claims, losses,damages or expense(including reasonable attorneys' fees)arising
out of the death of, injuries, or damages to any person, or damage or destruction of any
property, in connection with the ENGINEER'S services under this AGREEMENT to the
extent caused by the negligent acts, errors, or omissions of the ENGINEER or its officers,
directors, employees,agents or independent professional associates,or any of them.
7.3 Hazardous Waste Indemnifications
7.3.1 The ENGINEER and its consultants shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous
waste in any form at the PROJECT site. Accordingly,the OWNER hereby agrees
to bring no claim for negligence, breach of contract, strict liability, indemnity,
contribution or otherwise against the ENGINEER,its principals,employees,agents
or consultants if such claim in any way arises from such services. The OWNER
further agrees to defend, indemnify and hold the ENGINEER and its consultants
and their principals, employees and agents harmless from and against any claims,
demands, loss or damage (including reasonable attorneys' fees) sustained by any
person or entity arising from such services or circumstances. The ENGINEER shall
not be liable for any damages or injuries,of any nature whatsoever,due to any delay
or suspension in the performance of its services caused by or arising out of the
discovery of hazardous substances or pollutants at the PROJECT site.
7.3.2 The OWNER hereby warrants that, if he or she knows or has any reason to assume
or suspect that hazardous materials may exist at the PROJECT site, he or she has
so informed the ENGINEER. The OWNER also warrants that he or she has done
his or her best to inform the ENGINEER of such known or suspected hazardous
materials'type, quantity and location.
7.3.3 If, in the performance of the work, hazardous materials are encountered and are
judged by the ENGINEER to be an imminent threat to on-site personnel and/or the
general public, the ENGINEER shall take all steps immediately available which
are, in his judgment, prudent and necessary to mitigate the existing threat. The
OWNER agrees to compensate the ENGINEER for any time spent or expenses
incurred by the ENGINEER to mitigate the threat, in accordance with the
ENGINEER'S prevailing fee schedule and expense reimbursement policy.
7.3.4 The OWNER recognizes that special risks occur whenever engineering or related
disciplines are applied to identify subsurface conditions. Even a comprehensive
sampling and testing program, implemented with appropriate equipment and
experience with personnel under the direction of a trained professional who
functions in accordance with the prevailing standard of care may fail to detect
certain hidden conditions. For similar reasons, actual environmental, geological,
and technical conditions that the ENGINEER properly inferred to exist between
sampling points may differ significantly from those that actually exist. The passage
of time also must be considered, and the OWNER recognizes that due to natural
occurrences or direct or indirect human intervention at the Site or distance from it,
actual conditions may quickly change.
ARTICLE 8 - EXTENSION OF SERVICES
8.1 Additional Work
In the event the ENGINEER, as requested by the OWNER, is to make investigations or
reports on matters not covered by this AGREEMENT, or is to perform other services not
included herein, additional compensation shall be paid the ENGINEER as is mutually
agreed upon by and between the OWNER and the ENGINEER. Such services shall be
incorporated into written amendments to this AGREEMENT, or into a new written
AGREEMENT.
8.2 Changes in Work
The OWNER, from time to time, may require changes or extensions in the Scope of
Services to be performed hereunder. Such changes or extensions, including any increase
or decrease in the amount of compensation, to be mutually agreed upon by and between
the OWNER and the ENGINEER, shall be incorporated into written amendments to this
AGREEMENT.
8.3 Litigation Support Services
In the event the ENGINEER is to prepare for or appear in any litigation on behalf of the
OWNER, additional compensation shall be paid the ENGINEER.
The OWNER agrees to compensate the ENGINEER for time spent and expenses incurred
in preparation for and attendance at meetings and appearances,including depositions. This
shall include appearances before the OWNER'S attorney and before the attorney of any
other party to the litigation, in addition to all other support services as requested by the
OWNER. Additional compensation shall be paid the ENGINEER as is mutually agreed
upon by and between the OWNER and the ENGINEER. Such services shall be
incorporated into written amendments to this AGREEMENT, or into a new written
AGREEMENT.
8.4 Hazardous Materials Encountered
If, in the performance of the work, hazardous materials are encountered and are judged by
the ENGINEER to be an imminent threat to on-site personnel and/or the general public,
the ENGINEER shall inform the Local and State Emergency Personnel of the release. The
OWNER agrees to compensate the ENGINEER for any time spent or expenses incurred
by the ENGINEER to mitigate the threat, in accordance with the ENGINEER'S prevailing
fee schedule and expense reimbursement policy. Such services shall be incorporated into
written amendments to this AGREEMENT or into a new written AGREEMENT.
ARTICLE 9 -OWNERSHIP AND USE OF DOCUMENTS
9.1 Use of Documents
A. All Documents are instruments of service in respect to this Project, and ENGINEER shall
retain an ownership and property interest therein (including the right of reuse at the
discretion of the ENGINEER)whether or not the Project is completed.
B. Copies of Documents that may be relied upon by OWNER are limited to the printed copies
(also known as hard copies)that are signed or sealed by the ENGINEER. Files in electronic
media format of text, data, graphics, or of other types that are furnished by ENGINEER to
OWNER are only for convenience of OWNER. Any conclusion or information obtained
or derived from such electronic files will be at the user's sole risk.
C. Because data stored in electronic media format can deteriorate or be modified inadvertently
or otherwise without authorization of the data's creator, the party receiving electronic files
agrees that it will perform acceptance tests or procedures within 60 days, after which the
receiving party shall be deemed to have accepted the data thus transferred. The party
delivering the electronic files will correct any errors detected within the 60-day acceptance
period. ENGINEER shall not be responsible to maintain documents stored in electronic
media format after acceptance by OWNER.
D. When transferring documents in electronic media format, ENGINEER makes no
representations as to long term compatibility, usability, or readability of documents
resulting from the use of software application packages, operating systems, or computer
hardware differing from those used by ENGINEER at the beginning of this Project.
E. OWNER may make and retain copies of Documents for information and reference in
connection with use on the Project by OWNER. Such Documents are not intended or
represented to be suitable for reuse by OWNER or others on extensions of the Project or on
any other project. Any such reuse or modification without written verification or adaptation
by ENGINEER, as appropriate for the specific purpose intended, will be at OWNER's sole
risk and without liability or legal exposure to ENGINEER or to ENGINEER's Consultants.
OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's Consultants
from all claims, damages, losses, and expenses, including attorneys' fees arising out of or
resulting therefrom.
F. If there is a discrepancy between the electronic files and the hard copies, the hard copies
govern.
G. Any verification or adaptation of the Documents for extensions of the Project or for any other
project will entitle ENGINEER to further compensation at rates to be agreed upon by
OWNER and ENGINEER
ARTICLE 10—TERMINATION
10.1 The obligation to provide further services under this AGREEMENT may be terminated by
either party upon thirty(30) days' written notice in the event of substantial failure by the
other party to perform in accordance with the terms hereof through no fault of the
terminating party.
10.2 If the PROJECT is suspended or abandoned in whole or in part for more than three (3)
months, the ENGINEER shall be compensated for all services performed prior to receipt
of written notice from the OWNER of such suspension or abandonment, together with
other direct costs then due and all Termination Expenses as defined in Article 10.4. If the
PROJECT is resumed after being suspended for more than three (3) months, the
ENGINEER'S compensation shall be equitably adjusted.
10.3 In the event of termination by the OWNER under Article 10.1, the ENGINEER will be
paid a percentage of the lump sum fee based on work completed on the PROJECT through
the completion of services necessary to affect termination, in accordance with the
provisions of Article 5 of this AGREEMENT.
10.4 In the event of termination by the ENGINEER under Article 10.1, or termination by the
OWNER for the OWNER'S convenience,the ENGINEER will be paid a percentage of the
lump sum fee based on work completed on the PROJECT through the completion of
services necessary to affect termination, plus termination expenses. Payment for services
will be in accordance with the provisions of Article 5 of this AGREEMENT. Termination
expenses means additional costs of services and other direct costs directly attributable to
termination, which shall be an additional amount computed as the costs the ENGINEER
reasonably incurs relating to commitments,which had become firm before the termination.
ARTICLE 11 -GENERAL PROVISIONS
11.1 Precedence
The terms and conditions in this AGREEMENT shall take precedence over any
inconsistent or contradictory provisions contained in any proposal, contract, purchase
order, requisition, notice to proceed, or like document regarding the ENGINEER'S
services.
11.2 Severability
If any of the terms and conditions in this AGREEMENT shall be fmally determined to be
invalid or unenforceable in whole or part,the remaining provisions hereof shall remain in
full force and effect, and be binding upon the parties hereto. The parties agree to reform
this AGREEMENT to replace any such invalid or unenforceable provision with a valid
enforceable provision that comes as close as possible to the intention of the stricken
provision.
11.3 Mediation
All claims, disputes or controversies arising between the OWNER and the ENGINEER
shall be submitted to non-binding mediation prior to and as a condition precedent to the
commencement of any litigation between those parties. The American Arbitration
Association, or such other person or mediation service shall conduct the non-binding
mediation as the parties mutually agree upon. The party seeking to initiate mediation shall
do so by submitting a formal written request to the other party to this AGREEMENT and
the American Arbitration Association or such other person or mediation service as the
parties mutually agree upon. The costs of mediation shall be borne equally by the parties.
All statements of any nature made in connection with the non-binding mediation shall be
privileged and will be inadmissible in any subsequent court or other proceeding involving
or relating to the same claim.
11.4 Subrogation
The OWNER and the ENGINEER waive all rights against each other and against the
contractors, consultants, agents and employees of the other for damages, but only to the
extent covered by any property or other insurance in effect whether during or after the
PROJECT. The OWNER and the ENGINEER shall each require similar waivers from
their contractors,consultants and agents.
11.5 Consequential Damages
Notwithstanding any other provision of this Agreement, and to the fullest extent permitted
by law, neither the OWNER nor the ENGINEER, their respective officers, directors,
partners,employees,contractors or subconsultants shall be liable to the other or shall make
any claim for incidental, indirect or consequential damages arising out of or connected in
any way to the Project or to this Agreement. This mutual waiver of consequential damagers
shall include,but is not limited to,loss of use,loss of profit,loss of business,loss of income,
loss of reputation or any other consequential damages that either party may have incurred
from any cause of action including negligence,strict liability,breach of contract and breach
of strict or implied warranty. Both the OWNER and ENGINEER shall require similar
waivers of consequential damages protecting all the entities or persons named herein in all
contracts and subcontracts with others involved in the Project.
11.6 Sole Remedy
Notwithstanding anything to the contrary contained herein, OWNER and ENGINEER
agree that their sole and exclusive claim, demand, suit,judgment or remedy against each
other shall be asserted against each other's corporate entity and not against each other's
shareholders,A/E's,directors,officers or employees.
11.7 Third Party Obligations
Nothing contained in this Agreement shall create a contractual relationship with or a cause
of action in favor of a third party against either the OWNER or the ENGINEER.
11.8 Statute of Limitations
Causes of action between the parties to this Agreement pertaining to acts or
failures to act shall be deemed to have accrued and the applicable statutes of
limitations shall commence to run not later than either the date of completion of
services performed for acts or failures to act occurring prior to the date of
completion of services performed or the completion date contained in this
AGREEMENT for acts or failures to acts occurring after the date of completion
of services performed. In no event shall such statutes of limitations commence
to run any later than the date when the ENGINEER's services are substantially
completed.
11.9 Engineer's Liability for Construction Contract Award Recommendations
In consideration of the ENGINEER'S performance of its obligation to review and evaluate
the various bidders and bid submissions and to make recommendations to the OWNER
regarding the award of the construction contract,the OWNER agrees to hold harmless and
indemnify the ENGINEER for all costs, expenses, damages and attorneys' fees (the
"indemnification obligations") which are incurred by the ENGINEER as a result of any
claims, allegations, administrative or court proceedings, arising out of or relating to any
bid protest or such other action taken by any person or entity with respect to the review and
evaluation of the bidders and bid submissions and/or recommendations concerning the
award of the construction contract. Although this paragraph shall not apply in
circumstances in which the ENGINEER is finally adjudicated by a court to have actually
engaged in intentional and willful conduct without any legitimate justification,privilege or
immunity, the OWNER shall be obligated to indemnify the ENGINEER for all such
indemnification obligations incurred by the ENGINEER until any such fmal adjudication
has been made by a court of competent jurisdiction.
11.10 -not used
11.11 Limitation of Engineer's Responsibilities During Construction
The ENGINEER shall not be responsible for the acts or omissions of any Contractor(s),or
of any subcontractor(s) or supplier(s), or any of Contractor(s)' or subcontractor(s)' or
supplier(s)' agents or employees or any other persons (except ENGINEER's own
employees and agents) at the site or otherwise furnishing or performing Contractor(s)'
work.
11.12 Engineer Not Responsible for Accuracy of Contractor-Supplied Information Used in
Record Drawings
The ENGINEER shall not be responsible for any errors in or omissions in the information
provided by Contractor that is incorporated in the record drawings or other record
documents. ENGINEER shall not check the Contractor's record drawings information
unless included in the scope of the ENGINEER's services contained in Article 2, and then
ENGINEER will only be responsible for checking what is not hidden behind walls, in the
floor or roof slabs, etc.
11.13 Opinions of Probable Construction Cost
The ENGINEER makes opinions of probable costs using its best judgement as an
experienced and qualified professional engineer generally familiar with the construction
industry. ENGINEER has no control over the cost of labor, materials, equipment or
services furnished by others, or the Contractor's methods of determining prices, or
competitive bidding or market conditions or when the Project will be constructed.
ENGINEER cannot and does not guarantee that Contractor's bids or actual construction
costs will not vary from opinions of probable construction cost prepared by ENGINEER.
If OWNER desires greater assurance as to probable construction cost, OWNER shall
employ an independent cost estimator.
11.14 Changed Conditions
If concealed or unknown conditions that affect the performances of the services are
encountered, that are not ordinarily found to exist or that differ materially from those
generally recognized as inherent in the services of the character provided for under this
AGREEMENT or which could not have reasonably been anticipated, notice by the
observing party shall be promptly given to the other party and, if possible before the
conditions are disturbed. If the ENGINEER makes the claim, ENGINEER's schedule and
compensation shall be equitably adjusted to reflect additions that result from such changed
conditions.
11.15 Force Majeure
If delays or failures of performance of the ENGINEER are caused by occurrences beyond
the reasonable control of the ENGINEER, the ENGINEER shall not be in default of this
AGREEMENT. Said occurrences shall include Acts of God or the public enemy;
expropriation or confiscation; compliance with any other of any governmental authority;
changes in law; act of war,rebellion,terrorism or sabotage or damage resulting therefrom;
fires, floods, explosions, accidents, riots, strikes or other concerted acts of workmen,
whether direct or indirect; delays in permitting; OWNER's failure to provide data in
OWNER's possession or provide necessary comments in connection with any required
reports prepared by the ENGINEER,or any other causes which are beyond the reasonable
control of the ENGINEER. ENGINEER's scheduled completion date shall be adjusted to
account for any force majeure delay and ENGINEER shall be compensated for all costs
incurred in connection with or arising from a force majeure event or in the exercise of
reasonable diligence to avoid or mitigate a force majeure event.
ARTICLE 12—DISCLOSURE RIGHTS
12.1 OWNER agrees the ENGINEER has the authority to use its name as a client and a general
description of the project as a reference for other prospective clients.
ARTICLE 13—NOTICES
Any notice required under this Agreement will be in writing, addressed to the appropriate party at
the address that appears below,and given personally,by registered or certified mail,return receipt
requested, by facsimile, or by a nationally recognized overnight courier service. All notices shall
be effective upon the date of receipt.
Notices shall be provided to:
Owner: Engineer:
Name Name
Title Title
Address Address
ARTICLE 14—CONTROLLING LAW
This Agreement is to be governed by the law of the principal place of business of the ENGINEER.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the day
and year first above written.
ACCEPTED FOR: TOWN
OF MAMARONECK WESTON&SAMPSON,PE,LS, LA,PC
By Its By:
DATE
DATE
CERTIFICATION OF AVAILABLE FUNDS
Certification is herewith given that funds are available for payments required by the terms of this
AGREEMENT.
By: Date:
OWNER Accountant
APPROVED AS TO FORM:
By: Date:
OWNER Counsel
A TRUE COPY, ATTEST:
By: Date:
OWNER Clerk
OWNER'S New York State Sales and Use Tax Certificate Exemption Number
C:\Users\T430\ApplData\Local\TempkNY STANDARD CONTRACT FORM for Mamaroneck Hommocks Rink.docc
Weston ® ;:-=�`�f l ► S , -;
Weston&Sampson,PE,LS,LA,PC
1 Winners Circle,Suite 130,Albany,NY 12205
tel:518-463-4400
ATTACHMENT A
Contract for Designer Services
Town of Mamaroneck—Hommocks Rink Renovations
Scope of Services and Fee
February 27,2019
DESIGNER SERVICES
General Description of the Project: The project includes interior renovations to
approximately 3,811 square feet of existing interior space at the North(??) side of
Hommocks Rink in Mamaroneck, NY. The project includes new team rooms,
toilet rooms, showers, referees' room and related support spaces. Existing rooms
in the area of work will be removed or substantially altered. Two new exterior
doors with exterior landings and canopies are included. There are no anticipated
structural modifications to the existing building superstructure. Incidental cutting
and patching of existing structural slab floors is included to accommodate new or
reconfigured sanitary drainage.New Mechanical, Electrical and Plumbing work is
included. A new exterior fabric-covered storage structure will be installed at an
existing concrete slab.
The initial programming, concept designs, development budget and an agreed-
upon Schematic Design have been developed under a prior Agreement with the
Town.
It is understood that the Town intends to provide the independent services of a
Construction Manager as Advisor for the final design, procurement and
construction of the project.
Task A—Review,Confirmation and Coordination
A.1 Concept Floor Plan and Building Program
Update Plan Development: Prepare updated building and site plan based
on comments received by the Town.
Design Narratives: The drawings shall be supplemented with narratives
for civil/site, structural, mechanical (HVAC and plumbing) and electrical
work.
The Consultant shall submit to the Town for approval one (1) half size
set and an electronic copy of said confirmed design documents on or
before the date or time for submission specified in the Notice to Proceed or
any supplement thereto, unless the Consultant shall have obtained from
the Town an extension of time in writing.
A.2 Working Meeting - allow one(1)
The Consultant shall attend a kick-off meeting with the Town to review
and confirm the project goals, the scope of tasks to be undertaken,
procedural protocols, and the nature and schedule of deliverables
A.3 Update Space Needs Summary, Programming Matrix (Review and
Confirmation)
As part of Item A.2, above, the Consultant shall meet with key staff from
the Town to review and update the initial facility program and concept.
A.4 Coordinate with Owner's Procurement of Construction Manager
The Consultant will assist the town in developing a scope of work and
procurement strategy for the independent engagement of a Construction
Manager As Advisor for the subsequent development and implementation
of the project.
A.5 Update Project Budget
Based on the confirmed Schematic Design, the consultant shall update the
internal conceptual cost estimate for the preferred building alternative.
The estimate shall be based on square foot costs from similar projects and
shall identify potential soft costs associated with the project including
design contingencies, construction contingencies, architectural and
engineering design fees, construction management fees, and escalation.
All costs shall be projected to the anticipated mid-year of construction.
Prior to proceeding to Task C, the Consultant shall present the confirmed and
updated Schematic Design documents to the Town.
Task B—Existing Conditions and Constraints
B.1 Field Measurement of Existing Building and Systems
B.2 Update As-Built Base Drawings
B.3 Identify Code Requirements and Compliance Triggers
The Consultant shall meet with the Mamaroneck Planning/Zoning Official
and any other Authorities Having Jurisdiction (AHJs) Agent to review the
proposed program and identify any permitting limitations which need to be
addressed by the design.
B.4 Memorandum of Impacts on Planned Renovations
The Consultant shall prepare a summary Memorandum describing the
existing conditions and regulatory requirements documented under sub-
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Tasks B. through B.3, with specific attention to any necessary changes or
adjustments to the project design,budget or development schedule.
Task C -Design Development
C.1 Advance Basic Drawing Set
C.2 Develop Outline Specifications and Identify Products
C.3 Develop MEP Performance Criteria
C.4 Develop Inventory of Owner-Supplied Items and Procurement Plan
The Consultant shall utilize the confirmed schematic design plans to
prepare design development documents consisting of plans, outline
specifications (60% level) and other documents to fix and describe the size
and character of the project as to architectural, structural, mechanical, and
electrical systems, materials, and such other elements as may be
appropriate to enable the Town to understand the progress and
development of the Project. Items to be provided directly by the Town
outside of the General Contract for Construction will be identified. Such
plans, outline specifications, and related design criteria shall be subject to
the written approval of the Town. The Consultant shall submit to the
Town for approval one (1) half size set and an electronic copy of said
design development documents on or before the date or time for submission
specified in the Notice to Proceed or any supplement thereto, unless the
Consultant shall have obtained from the Town an extension of time in
writing.
C.5 Update Project Budget
The Consultant shall prepare a design development cost estimate based
on the approved Design Development documents.
Prior to proceeding to Task D, the Consultant shall present the design development
documents to the Town.
Task D- Construction Documents
D.1 Final Design Confirmation- allow (1)meeting
The Consultant shall attend one (1) meeting with the Town to confirm the
final scope of the project design and discuss the overall progress of the
work.
D.2,3 Drawings and Specifications
The Consultant shall utilize the approved Design Development
documents to complete working plans and specifications in sufficient
detail to permit firm bids in open competition for construction of the
project. Said plans and specifications shall be based on the
approved design, outline specifications and construction cost estimate.
3
•
Upon completion of the 100% Construction Documents, the Consultant
shall furnish to the Town for approval one (1) half-size set and an electronic
copy of the said plans and specifications.
Following the approval of the plans, specifications and construction cost
estimate, the Consultant shall incorporate all changes required by the
Town in the working drawings and specifications and shall prepare
and transmit to the Town one printed set and electronic copies of
Construction Contract Documents for approval.
D.4 Final Cost Projection
The Consultant shall prepare an updated construction cost estimate at
the 85% design level. The estimate shall include a breakdown of costs
by major building systems and components. The estimate shall be
reviewed with the Town prior to proceeding with the continued
development of the Construction Documents.
Prior to proceeding to Task E, the Consultant shall present the fmal Construction
Documents to the Town.
Task E—Bidding and Construction
E.1 Assist Town in Preparation of Bid Packages
E.2 Advertisement(by CM)
E.3 Pre-Bid Conference
E.4 General Bid Opening(by CM-W&S will not attend)
E.5 Review of Bidders and Recommendation to Award(assist CM)
Upon approval of Construction Contract Documents, the Consultant shall
assist the Town and its Construction Manager in assembling the fmal
Construction Contract Documents in a manner suitable for New York State
public procurement, including bid documents and advertisements for receipt
of and general bids from construction contractors, and coordinate with the
Construction Manager with the preparation of all addenda. The Consultant
shall attend a pre-bid conference with potential bidders, and shall assist the
Construction Manager in obtaining bids, conduct a qualification review of
the low bidder and participate in the Construction Manager's
recommendations as to the award of the construction contract by the Town
If the bid of the lowest responsible and eligible bidder exceeds the Fixed
Limit of Construction Cost, if any, the Town shall have the option to (a)
give written approval of an increase in such Fixed Limit, (b) re-bid the
Contract within a reasonable period of time, or (c) instruct the Consultant
in writing to provide such revised Construction Contract Documents
as the Town may require to bring the cost within the Fixed Limit. In the
case of(c), the Consultant may, in connection with such revisions, make
reasonable adjustments in the scope of the Construction Contract or
4
quality of the work allowed therein subject to the written approval of the
Town, which approval shall not be unreasonably withheld. The Consultant
shall be entitled to reasonable additional compensation for such services.
Upon receiving approval from the Town to proceed to Construction, the
Consultant shall provide the following basic services for the project for an
anticipated construction schedule of 8 months. The construction schedule shall
begin when the Town issues a Notice to Proceed to the most responsible and
responsive general contractor or executes a contract with said general contractor,
whichever comes first.
E.6 Construction Kick-off Meeting
E.7 Construction Phase- allow 4 meetings
E.8 Administration, RFPs, Submittals, etc
E.9 Punchlist and Close-Out- allow 1 meeting
The Consultant's responsibilities during this phase include the following:
Attendance at one pre-construction conference to discuss the general
project requirements with the contractor, the Town and the Construction
Manager.
Attendance at periodic scheduled construction meetings with the
contractor, the Town and the Construction Manager. For the purposes of
this proposal, the Consultant's services are budgeted over an 9-week
construction duration (from actual start of work to Substantial
Completion) and a 2-week close-out period, including a total of four (4)
on-site progress meetings and one (1) final close-out meeting. If the
contractor fails to complete the project within this time frame, or if
additional on-site representation is necessary, the Consultant shall be
entitled to additional compensation for the continuation of the services
listed above.
Review and approval of the contractor's shop drawings, product
submittals, and samples. Review of the shop drawings, product
submittals, and samples shall be for the submitted items only and such
reviews shall be to determine if the submitted items is in general
conformance with the design intent of the contract documents. The
Consultant will review submittals two times: once upon original
submission and a second time if the Consultant requires a revision or
corrections. The Consultant shall be reimbursed the amounts charged by
the Consultant for performing any review of a submittal for the third time
or greater. Language will be included in the specifications advising the
Contractor that they are responsible for reimbursing the Town for these
additional charges.
Review and response to project requests for information during
construction.
5
Review contractor payment requisitions and advise the Town if the
payment request is representative of the progress of work.
Review change order requests or issue construction change directives as
necessary. All formal approvals of change orders or construction change
directives are subject to Town approval.
Conducting substantial completion and final inspections. Upon
conducting a final inspection, issue final construction affidavits indicating
that the work has been generally completed in accordance with the
contract documents to the best of the Consultant's knowledge,
information, and belief based on periodic observations of the Work.
Monitoring the submission of close-out documentation from the
contractor including operation & maintenance manuals, warrantees, as-
built drawings (prepared by the contractor), and final certificate of
completion.
EXCLUSIONS
• This scope of work does not include testing for and remediation of
hazardous materials/waste. Any uncovered environmental conditions
encountered during construction will be addressed as a separate additional
service, if necessary.
• This scope of work assumes no Bid Alternates.
• Cost Estimates will be based on the established working budget, as updated
8feb19, and will be coordinated with independent estimates as may be
provided by the Owner's Construction Manager. A third-party independent
estimate may be provided as an Additional Service.
• This scope of work excludes design of specialty sustainable design
components(e.g. photovoltaics, geothermal, etc.).
• Durations for each phase do not include time for Town review of
documents. The schedule will be adjusted as required to support time for
the associated reviews if necessary.
• The permitting tasks will be initiated during the Design Development
Phase. These tasks will progress and conclude at varying times during the
design period based on the particular requirements of each regulatory
agency.
FEES FOR BASIC SERVICES
TASK FEE
Task A—Review, Confirmation and Coordination $ 8,500
Task B—Existing Conditions and Constraints $11,000
Task C - Design Development $12,000
Task D - Construction Documents $21,500
6
Task E—Bidding and Construction $27,000
TOTAL: $ 80,000
clr Incidental project expenses, including printing, mailing,travel costs, etc., are
included in the fees stated above.
• Certain tasks are not included under Basic Services, above. These include:
BUDGET FEES FOR ADDITIONAL SERVICES
TASK BUDGET
Task F—Independent Cost Estimate $ 5,000
Task G—3"IParty HVAC Commissioning TBD
PROPOSED SCHEDULE OF WORK
TOWN OF MAMARONECK
Hommocks Rink Renovations
Proposed Project Schedule
Feb-19
Assumed Contract S tart 4 March 2019 weeks from contract start
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
Review,Confirmation and Coordination .— -- 44 -19 27-Apr-19
A.1 Update Concept Floor Plan and Building Program IN
A.2 Working Meeting-allow one(1) M fill
A.3 Update Space Needs Summary,Programming Matrix
A.4 Coordinate with Owner's Procurement of Construction Manager
A.5 Update Project Budget N
Ill —Ex is ting Conditions&Constraints - 4Mr-19 18-Apr-19
B.1 Field Measurement of Existing Building and Systems M
B2 Update As-Built Base Drawings
B.3 Identify Code Requirements and Compliance Triggers
B.4 Memorandum of Fnpacts on Planned Renovations
Design Development l ---- —� 31-14w-19
1•M r-19 15-May-19
C.1 Advance Basic Drawing Set I
C.2 Develop Outline Specifications and Identify Products
C.3 Develop MEP Design-Build Criteria
C.4 Develop hventory of Owner-Supplied tams and Prost ement Plan
C.5 Update Project Budget I
F". --..Constructions za:>..Construction Documents a - -0 27-Apr-19 '".11-Jun-19
D.1 Final Design Confirmation-allow(1)meeting I • '•U•
D.2 Drawings_
D.3 Specifications
D.4 Final Cost Projections
Bidding&Construction n...,_.,,.. _. •- ......, _. - -) 11-Jun•19 29-Nov-19
El Assist Town in Preparation of Bid Packages I
911
E.2 Advertisement(by CM)
E.3 Pre-Bid Conference ■
E.4 General Bid Opening(by CM-W&S will not attend)
E.5 Review of Bidders and Recommendation to Award(assist CM)
E.6 Construction Kick-off Meeting
E.7 Construction Phase-allow 4 meetings
E.8 Administration,RFrs,Submittals,etc 11111111111111
E.9 Punchtst and Close-Out-allow 1 meeting
KEY: 11GENERAL DURATION OF TASK ANTICIPATED MEETING ®ANTICIPATED DELIVERABLE
- END OF DOCUMENT-
7
•
TOWN OF MAMARONECK
Hommocks Rink Renovations
Proposed Project Schedule
Feb-19
Assumed Contract Start 4 March 2019 weeks front contract start
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
Review,Confirmation and Coordination 4-Mar-19 27-Apr-19
A.1 Update Concept Floor Plan and Building Program OCIO
A.2 Working Meeting-allow one(1) k4
A.3 Update Space Needs Summary,Programming Matrix I
A.4 Coordinate with Owner's Procurement of Construction Manager
A.5 Update Project Budget z
J-Existing Conditions&Constraints 4-Mar-19 18-Apr-19
B.1 Field Measurement of Existing Building and Systems M
B.2 Update As-Built Base Drawings
B.3 Identify Code Requirements and Compliance Triggers
B.4 Memorandum of Impacts on Planned Renovations
Design Development -> 31-Mar-19 15-May-19
C.1 Advance Basic Drawing Set I
C.2 Develop Outline Specifications and Identify Products
C.3 Develop MEP Design-Build Criteria
C.4 Develop Inventory of Owner-Supplied Items and Procurement Plan
C.5 Update Project Budget I
115--ConstructionDocuments p 27-Apr-19 -11-Jun-19
D.1 Final Design Confirmation-allow(1)meeting ) • ••poi
D.2 Drawings
D.3 Specifications
D.4 Final Cost Projections
Bidding&Construction 11-Jun-19 29-Nov49
E.1 Assist Town in Preparation of Bid Packages IMI
E.2 Advertisement(by CM)
E.3 Pre-Bid Conference ■
E.4 General Bid Opening(by CM-W&S will not attend)
E.5 Review of Bidders and Recommendation to Award(assist CM)
IN
E.6 Construction Kick-off Meeting
.111111111W
E.7 Construction Phase-allow 4 meetings
E.8 Administration,RFPs,Submittals,etc
E.9 Punchlist and Close-Out-allow 1 meeting
KEY: r1GENERAL DURATION OF TASK .ANTICIPATED MEETING ®ANTICIPATED DELIVERABLE
WESTON & SAMPSON PE, LS, LA, PC GENERAL TERMS AND CONDITIONS
1. It is understood that the Proposal attached hereto extent permitted by law, the total liability in the
and dated February 27, 2019 is valid for a period of aggregate, of WESTON & SAMPSON and their
ninety(90)days. Upon the expiration of that period officers, directors, employees, agents, and
of time or the delay or suspension of the services, independent professional associates, and any of
WESTON & SAMPSON reserves the right to review them, to OWNER and any one claiming by, through
the proposed basis of payment and fees,to allow for or under OWNER, for any and all injuries, claims,
changing costs as well as to adjust the period of losses, expenses, or damages whatsoever arising
performance to conform to work loads. References out of in any way related to WESTON&SAMPSON's
herein to WESTON &SAMPSON are understood to services, the project, or this Agreement, from any
refer to WESTON &SAMPSON PE, LS, LA, PC. cause or causes whatsoever, including but not
limited to, the negligence, errors, omissions, strict
2. Invoices will be submitted periodically (customarily liability, breach of contract, misrepresentation, or
on a monthly basis),and terms are net cash,due and breach of warranty of WESTON & SAMPSON or
WESTON & SAMPSON's officers, directors,
payable upon receipt of invoice. If the OWNER fails
to make any payment due to WESTON&SAMPSON employees, agents or independent professional
associates, or any of them, shall not exceed the
for services and expenses within thirty (30) days greater of $50,000 or the total compensation
after receipt of WESTON & SAMPSON'S statement received by WESTON & SAMPSON hereunder and
therefor, WESTON & SAMPSON may, after giving OWNER hereby releases WESTON & SAMPSON
seven (7) days' written notice to the OWNER, from any liability above such amount. WESTON &
suspend services under this Agreement. Unless SAMPSON shall have no upfront duty to defend the
payment is received by WESTON & SAMPSON OWNER but shall reimburse defense costs of the
within seven (7) days of the date of the notice, the OWNER to the same extent of its indemnity
suspension shall take effect without further notice. In obligation herein.
the event of a suspension of services, WESTON &
SAMPSON shall have no responsibility to the 4. Where the Services include subsurface exploration,
OWNER for delay or damage caused the OWNER the OWNER acknowledges that the use of
because of such suspension of services. exploration equipment may alter or damage the
terrain, vegetation, structures, improvements, or the
3. WESTON & SAMPSON will serve as the other property at the Site and accepts the risk.
professional representative of the OWNER as Provided WESTON & SAMPSON uses reasonable
defined by the Proposal or under any Agreement care, WESTON & SAMPSON shall not be liable for
and will provide advice, consultation and services to such alteration or damage or for damage to or
the OWNER in accordance with generally accepted interference with any subterranean structure, pipe,
professional practice consistent with that degree of tank, cable, or other element or condition whose
skill and care ordinarily exercised by practicing nature and location are not called to WESTON &
design professionals performing similar services in SAMPSON'S attention in writing before exploration
the same locality, at the same site and under the begins.
same or similar circumstances and conditions.
Therefore, estimates of cost, approvals, 5. WESTON & SAMPSON and its consultants shall
recommendations, opinions, and decisions by have no responsibility for the discovery, presence,
WESTON & SAMPSON are made on the basis of handling, removal or disposal of, or exposure of
WESTON &SAMPSON'S experience, qualifications
and professional judgment. Accordingly, WESTON persons to, hazardous waste in any form at the
&SAMPSON does not warrant or represent that bids project site. Accordingly, the OWNER agrees to
or negotiated prices will not vary from the OWNER'S assert no claims against WESTON&SAMPSON, its
budget for the project, or from any estimate of the principals, agents, employees and consultants, if
Cost of the Work evaluation prepared or agreed to such claim is based, in whole or in part, upon the
by WESTON&SAMPSON. WESTON&SAMPSON negligence, breach of contract, breach of warranty,
makes no warranty or guarantee,express or implied, indemnity or other alleged obligation of WESTON &
regarding the services or work to be provided under SAMPSON or its consultants, and arises out of or in
this Proposal or any related Agreement. connection with the detection, assessment,
Notwithstanding any other provision of these abatement, identification or remediation of
General Terms and Conditions, unless otherwise hazardous materials, pollutants or asbestos at, in,
subject to a greater limitation, and to the fullest
July 1,2016 1 Weston®Sampson
under or in the vicinity of the project site identified in
the Proposal. OWNER shall defend, indemnify and d. Furnish or cause to be furnished to WESTON&
hold harmless WESTON&SAMPSON,its principals, SAMPSON all documents and information
agents, employees, and consultants and each of known to OWNER that relate to the identity,
them, harmless from and against any and all costs, location, quantity, nature or characteristics of
liability, claims, demands, damages or expenses, any hazardous waste at,on or under the site. In
including reasonable attorneys'fees, with respect to addition, OWNER will furnish or cause to be
any such claim or claims described in the preceding furnished such other reports, data, studies,
sentence,whether asserted by OWNER or any other plans, specifications, documents and other
person or entity. WESTON & SAMPSON shall not information on surface and subsurface site
be liable for any damages or injuries of any nature conditions required by WESTON & SAMPSON
whatsoever, due to any delay or suspension in the for proper performance of its services.
performance of its services caused by or arising out
of the discovery of hazardous substances or e. WESTON&SAMPSON shall be entitled to rely,
pollutants at the project site. without liability, on the accuracy and
completeness of information and documents
6. WESTON & SAMPSON agrees to purchase at its provided by the OWNER, OWNER'S
own expense, Worker's Compensation insurance, CONSULTANTS and CONTRACTORS and
Comprehensive General Liability insurance, and information from public records, without the
Engineer's Professional Liability insurance and will, need for independent verification.
upon request, furnish insurance certificates to
OWNER reflecting WESTON & SAMPSON's f. Pay for all application and permit fees
standard coverage. WESTON &SAMPSON agrees associated with approvals and permits for all
to purchase whatever additional insurance is governmental authorities having jurisdiction
requested by OWNER(presuming such insurance is over the Project and such approvals and
available, from carriers acceptable to WESTON & consents from others as may be necessary for
SAMPSON) provided OWNER reimburses the completion of the Project.
premiums for additional insurance.
g. Arrange for and make all provisions for
7. As a part of this Agreement, OWNER without cost to WESTON &SAMPSON and its agents to enter
WESTON&SAMPSON agrees to do the following in upon public and private lands as required for
a timely manner so as not to delay the services of WESTON & SAMPSON to perform its work
WESTON &SAMPSON: under this Agreement.
a. Designate in writing a person to act as h. Furnish WESTON & SAMPSON with all
OWNER'S representative with respect to work necessary topographic, property, boundary and
to be performed under this Agreement, such right-of-way maps.
person to have complete authority to transmit
instructions, receive information, interpret and i. Cooperate with and assist WESTON &
define OWNER'S policies and decisions with SAMPSON in all additional work that is mutually
respect to materials, equipment elements and agreed upon.
systems pertinent to the work covered by the
Agreement. j. Pay WESTON&SAMPSON for work performed
in accordance with terms specified herein.
b. Through its officials and other employees who
have knowledge of pertinent conditions, confer 8. The obligation to provide further services under this
with WESTON & SAMPSON regarding both Agreement may be terminated by either party upon
general and special considerations relating to thirty days' written notice in the event of substantial
the Project. failure by the other party to perform in accordance
with the terms hereof through no fault of the
c. Assist WESTON&SAMPSON by placing at the terminating party. If the Project is suspended or
disposal of WESTON & SAMPSON, all abandoned in whole or in part for more than three(3)
available information pertinent to the Project months, WESTON & SAMPSON shall be
including previous reports and other data compensated for all services performed prior to
relative to design or construction of Project. receipt of written notice from OWNER of such
July 1,2016 2 Weston®Sampson
suspension or abandonment,together with the other agreed upon by OWNER and WESTON &
direct costs then due. If the Project is resumed after SAMPSON.
being suspended for more than three (3) months,
WESTON & SAMPSON'S compensation shall be 11. The substantive laws of the State of New York shall
equitably adjusted. In the event of termination by govern any disputes between WESTON &
either party, WESTON & SAMPSON shall be SAMPSON and the OWNER arising out of the
compensated for all services performed prior to interpretation and performance of this Agreement.
receipt of written termination, together with other
direct costs then due, including WESTON & 12. WESTON &SAMPSON and the OWNER agree that
SAMPSON's independent consultants, and for the any disputes arising under this Agreement and the
services necessary to affect termination. performance thereof shall be subject to nonbinding
mediation as a prerequisite to further legal
9. The OWNER and WESTON & SAMPSON waive all proceedings.
rights against each other and against the
contractors, consultants, agents and employees of 13. WESTON&SAMPSON shall not be required to sign
the other for damages,but only to the extent covered any documents, no matter by who requested, that
by any property or other insurance in effect whether would result in WESTON & SAMPSON having to
during or after the project. The OWNER and certify, guaranty, or warrant the existence of
WESTON & SAMPSON shall each require similar conditions that would require knowledge,services or
waivers from their contractors, consultants and responsibilities beyond the scope of this Agreement.
agents.
14. Nothing contained in this Agreement shall create a
10. All Drawings, diagrams, plans, specifications, contractual relationship with, or a cause of action in
calculations, reports, processes, computer favor of, a third party against either the OWNER or
processes and software, operational and design WESTON & SAMPSON. WESTON & SAMPSON'S
data, and all other documents and information services hereunder are being performed solely for
produced in connection with the project as the benefit of the OWNER, and no other entity shall
instruments of service, regardless of form, shall be have any claim against WESTON & SAMPSON
confidential and the property of WESTON & because of this Agreement or WESTON &
SAMPSON, and shall remain the sole and exclusive SAMPSON'S performance of services hereunder.
property of WESTON & SAMPSON whether the
project for which they are made is executed or not. 15. Notwithstanding anything to the contrary contained
The OWNER shall not have or acquire any title to or herein, OWNER and ENGINEER agree that their
ownership rights in any of the documents or sole and exclusive claim, demand, suit,judgment or
information prepared by WESTON & SAMPSON. remedy against each other shall be asserted against
OWNER may make and retain copies for information each other's corporate entity and not against each
and reference in connection with the use and other's shareholders, A/E's, directors, officers or
occupancy of the Project by the OWNER and others; employees.
however, such documents are not intended or
represented to be suitable for reuse by OWNER or 16. To the extent they are inconsistent or contradictory,
others on extensions of the Project or on any other express terms of this Proposal take precedence over
Projects. Any reuse without written verification or these General Terms and Condition. It is understood
adaptation by WESTON & SAMPSON for the and agreed that the services or work performed
specific purpose intended will be at OWNER'S sole under this Proposal or any Agreement are not
risk and without liability or legal exposure to subject to any provision of any Uniform Commercial
WESTON & SAMPSON or to WESTON & Code. Any terms and conditions set forth in
SAMPSON's independent consultants, and OWNER OWNER'S purchase order, requisition, or other
shall indemnify and hold harmless WESTON & notice or authorization to proceed are inapplicable to
SAMPSON and WESTON & SAMPSON's the services under this Proposal or any related
independent consultants from all claims, damages, Agreement, except when specifically provided for in
losses, and expenses, including attorneys' fees full on the face of such purchase order, requisition,
arising out of or resulting therefrom. Any such or notice or authorization and specifically accepted
verification or adaptation will entitle WESTON & in writing by WESTON & SAMPSON. WESTON &
SAMPSON to further compensation at rates to be SAMPSON'S acknowledgement of receipt of any
purchase order, requisition, notice or authorization,
July 1,2016 3 W@StOfl®Sampson
or WESTON & SAMPSON'S performance of work
subsequent to receipt thereof, does not constitute
acceptance of any terms or conditions other than
those set forth herein.
17. If any provision of this Agreement shall be finally
determined to be invalid or unenforceable in whole
or in part, the remaining provisions hereof shall
remain in full force and effect, and be binding upon
the parties hereto. The parties agree to reform this
Agreement to replace any such invalid or
unenforceable provision with a valid and enforceable
provision that comes as close as possible to the
intention of the stricken provision.
Approved by:
OWNER Name
Signature Date
Printed Name and Title
Document3
July 1,2016 4 Weston®Sampson
Town of Mamaroneck WestDf10Sampson
Hommocks Rink Team Room Renovations
Buckle Projection
Existing Renovation Area 3,811 SF UPDATED DRAFT
Proposed New Construction 0 SF
Subtotal: 3,811 SF FOR REVIEW
based on 19dec18 scope discussion,etc.
25x26 building extension DELETED
Plan revisions 8feb19
Updated rev2
8-Feb-19
Materials 2016 Total Total by Town
or Description Unit Cost Quantity (No OH&P) materials or
ext.cost separate
contract
$25,000.00 DIVISION 2-SITE WORK
GENERAL SITE WORK
General Site Demolition LS $5,000.00 1 $5,000
Site Work,new,complete including piles,paving,landscaping LS $32,445.00 0 $0
DIVISION 2-BUILDING SITE WORK
Demolition and disposal LS $20,000.00 1 $20,000
Hazmat Abatement-(NOT INCLUDED)
$9,568.25 DIVISION 3-CONCRETE
03300 CAST-IN-PLACE CONCRETE
Concrete Pile Caps CY $525.00 0 $0
Concrete Grade Beam CY $500.00 0 $0
Concrete Structural Slab(repair at trench/infill areas) CY $545.00 10 $5,450
Structural fill under raised slab(trench/infill areas) CY $45.00 10 $450
Concrete SOG over existing(raised approx.16") CY $500.00 0 $0
WWF Reinforcement to Slab on Grade SF $1.49 250 $371
Bar reinforcement to Slab on Grade(trench/infill areas) LS $500.00 1 $500
Power Float Finished to Slab on Grade SF $1.19 250 $297
Exterior Handicap Ramp(NOT INCLUDED)
03XXX-PRECAST CONCRETE
Entrance steps and landing LS $1,250.00 2 $2,500
$1,250.00 DIVISION 4-MASONRY
04000 UNIT MASONRY
Allowance for cutting&repair of existing partitions LS $1,250.00 1 $1,250
$2,250.00 DIVISION 5-METALS
05500 METAL FABRICATIONS
Entry stair handrails @ toilet rooms LS $750.00 2 $1,500
ADA ramp handrails(NOT INCLUDED) LS $2,500.00 0 $0
Miscellaneous metals-allowance LS $750.00 1 $750
$10,360.00 DIVISION 6-WOOD AND PLASTICS
06100 ROUGH CARPENTRY
Rough Carpentry(blocking) LS $1,000.00 1 $1,000
06200 FINISH CARPENTRY
Vinyl Wall Protection(Wainscot-Kydex or similar,4'-0"h) SF $3.00 3,120 $9,360
MDO board at Multipurpose Room only,8'-0"h @ walls SF $5.00 0 $0
$3,375.00 07000 THERMAL&MOISTURE PROTECTION
Closed-cell foam insulation at exterior walls(furring cavities) SF $1.50 1,150 $1,725 I
Vapor Barrier at SOG SF $0.60 250 $150
Allowance for Misc.Firestopping LS $750.00 1 $750
New roof and sidewall tie-in to existing LS $2,500.00 0 $0
Roof Replacement(NOT INCLUDED)
07900 JOINT SEALANTS
Joint Sealant-Miscellaneous Allowance LS $750.00 1 $750
$37,750.00 08000 OPENINGS
08100 DOORS AND FRAMES
Exterior Personnel Doors-Door,Frame,and Hardware,Metal Door,exterior EA $1,500.00 2 $3,000
98300 SPECIALTY DOORS
Overhead Sectional Doors(6'-0"w x 10'-0"h) EA $3,500.00 0 $0
Overhead Sectional Doors(12'-0"w x 10'-0"h) EA $5,500.00 0 $0
INTERIOR DOORS
3'-0"x 7-0"Single Leaf Flush Galvanized Hollow Metal Door complete EA $1,250.00 15 $18,750
Double-leaf Barn Doors,8'-0"w x 7'-0"h,incl hardware and HM blank frame EA $4,000.00 4 $16,000
$76,518.34 DIVISION 9-FINISHES
09200 PLASTER AND GYPSUM BOARD
Interior Partitions-Impact-resistant Gyp.Board w/4"Stud System SF $6.00 2,550 $15,300
Furring at existing interior&exterior walls SF $3.00 2,470 $7,410
Wet Wall(plumbing chase) SF $9.00 240
$2,160
Gypsum Board Ceiling System,Complete,Toilet/Shower areas only SF $7.72 720 $5,560
09600 FLOORING
Sealed Concrete flooring(Multipurpose Room only) SF $2.00 0 $0
Resilient Flooring-Skate proof interlocking mats SF $10.00 3,200 $32,000
Rubber Base-Multipurpose Room only LF $2.97 0 $0
09900 PAINTS AND COATINGS
Painting-Gypsum Wallboard Walls(including plumbing chases) SF $1.15 5,240 $6,026
Painting-Gypsum Wallboard Furring-single sided SF $1.15 2,470 $2,841
Painting-Gypsum Wallboard Ceilings SF $1.35 720 $972
Painting-exposed structural ceilings SF $1.50 2,500 $3,750
Painting-MDO wall panels at Multipurpose room SF $1.15 0 $0
Miscellaneous Painting-allowance LS $500.00 1 $500
$41,88220 DIVISION 10 SPECIALTIES
10200 LOUVERS AND VENTS
Wall Louvers SF $59.40 28 $1,663
10400 IDENTIFICATION DEVICES
Signage(interior) LS $750.00 1 $750
Fire Extinguishers EA $297.00 7 $2,079
10800 TOILET,BATH,AND LAUNDRY ACCESSORIES
Toilet Accessories:Grab Bars,42"Long EA $125.00 8 $1,000
Toilet Accessories:Combination Waste Paper/Paper Towel Dispenser EA $250.00 5 $1,250
Toilet Accessories:Two-Roll Toilet Paper Dispenser EA $50.00 6 $300
Toilet Accessories:Sanitary Napkin Disposal Unit EA $100.00 1 $100
Toilet Accessories:Soap Dispenser EA $50.00 9 $450
Toilet Accessories:Wall Mounted Frame Mirror SF $40.00 9 $360
Toilet Accessories:Robe Hooks EA $15.00 12 $180
Janitorial Accessories:Mop Strips EA $250.00 1 $250
Shower Accessories:Folding Shower Seats EA $425.00 2 $850
Shower Accessories:Grab Bars EA $125.00 2 $250
Shower Accessories:Shower Curtain and Rod LF $100.00 4 $400
Shower Accessories:Robe hooks EA $15.00 0 $0
Urinal Screens,Solid Acrylic Plastic;Standard Unit EA $500.00 0 $0
Toilet Compartments,Solid Acrylic Plastic;Standard Unit EA $1,000.00 4 $4,000
Toilet Compartments,Solid Acrylic Plastic;Handicap Unit EA $1,200.00 4 $4,800
Shower Compartments,Solid Acrylic Plastic;Handicap Unit EA $750.00 1 $750
Shower Compartments,Solid Acrylic Plastic;Standard Unit EA $500.00 3 $1,500
OTHER SPECIALTIES
Metal Lockers,Single Tier;18"x 21",INSTALL ONLY EA $125.00 24 $3,000
Benches-8'-0"sections EA $400.00 40 $16,000
Benches-4'-0"sections EA $200.00 1 $200
Whiteboard 4'x 6' EA $250.00 7 $1,750
$1,782.00 DIVISION 13 SPECIAL CONSTRUCTION
Canopies at Exterior Toilet Room Entrances SF $35.64 50 $1,782
Snow Guards LF $12.00 0 $0
Pre-Engineered Metal Building;frame,walls,roof assembly complete SF $60.00 0 $0
Fabric Storage Structure at existing exterior slab,complete LS $100,000.00
$229,041.10 DIVISION 15 MECHANICAL
15300 FIRE PROTECTION
Fire Protection System(NOT CURRENTLY PROVIDED) SF $4.76 0 $0
15400 PLUMBING
Plumbing System for all areas EXCEPT new multipurpose room SF $32.50 3,811 $123,858
Allow for floor drain in multipurpose room LS $2,500.00 0 $0
15700 HVAC
HVAC System for all areas SF $27.60 3,811 $105,184
$91,464.00 DIVISION 16 ELECTRICAL
16000 ELECTRICAL
Electrical System for all work areas SF $24.00 3,811 $91,464
S530,240.89 $0.00 check Subtotal: , $530,244
OK
General Conditions 8% $39,768
Overhead&Profit 5% $26,512
Insurance&Bonds 2% $10,605
Escalation to mid-point of Construction(12 mo @ 4%/yr): 3% $18,214
Projected Total Construction Cost $025,340
Design Contingency 10% $62,534
Pricing Contingency 5% $31,267
Construction Contingency 10% $62,534
Project Soft Costs 24% $187,602
Project Soft Cost Contingency 3% $5,628
General Contract By Town
TOTAL PROJECT COST: :1 .404 $100,000
Cost per SF: $256
TOTAL CONSTRUCTION COST: $1,074,904
r
I
Changes in red added 2/28/2019 RP
Chapter A250
Fee Schedule
[HISTORY:Adopted by the Town Board of the Town of Mamaroneck 8-17-2011 by L.L.No.8-2011.Amendments noted where
applicable.]
GENERAL REFERENCES
Fees—See Ch.97.
§A250-1 Enumeration of fees.
[Amended 1-6-2010 by L.L.No.1-2010;1-20-2010 by L.L.No.2-2010]
The schedule of fees and deposits for services,applications,permits and licenses is as follows:
Code Section Subject Fee or Deposit
§50-3C Alarm system user permit,per calendar year or part
thereof $30
§50-4D(1) False alarm penalties,per calendar year:
Second $15
Third and fourth $50
Fifth through 15th $100
Each subsequent occurrence $250
§55-6A Mechanical amusement device license fee,annual:
Per device $50
Per premises $125
§58-7A Dog license fee for each neutered male or spayed
female dog $20 plus State surcharge of$1.00
Dog license fee for each unneutered male or un
spayed female dog $25 plus State surcharge of$3.00
§58-7G Failure to respond to an enumeration $50
§58-8 Redemption of impounded animals:
Fee for impound $10 per day
First impoundment of an animal within same calendar
year $40
$50
Second impoundment of an animal within same
Code Section Subject Fee or Deposit
4
calendar year
Any subsequent impoundment of an animal within
same calendar year $60
§82-4 Dance hall or dance license fee,annual $200
§95-30A Erosion and sediment control
Filing fees:
Surface water and erosion control permit for a parcel
with an existing one-or two-family dwelling $250
Surface water and erosion control permit for the
construction of a new one-or two-family dwelling on
either a vacant parcel or on a parcel where more than
50%existing residence is demolished $400
Surface water and erosion control permit in all other
cases $400
Fee for applicant-requested modification(no work has
commenced) $100
Fee for applicant-requested modification(work has
commenced) $150
Permit fees:
Surface water and erosion control permit for a parcel
with an existing one-or two-family dwelling $200
Surface water and erosion control permit for the
construction of a new one-or two-family dwelling on
either a vacant parcel or on a parcel where more than
50%existing residence is demolished $300
$400 and where controls exceed$5,000 of
anticipated costs,then 6%fee additional for
all costs in excess of$5,000.This 6%is not
Surface water and erosion control permit in all other part of the engineering fees for site plan
cases approval
Stormwater pollution prevention permit $500
Inspection fees:
Minimum inspection fee for a parcel with a one-or
two-family dwelling $100
All other residential parcels $150
All other cases $250
NOTE:If work is commenced prior to the permit being
issued,all fees for the project will be doubled
>r
Code Section Subject Fee or Deposit
I
•
§99-6A License fee for use of public property,per day Minimum$500;Maximum$5,000
§99-6B License fee for use of private property,per day $150
Blasting permit application(A bond in the amount of
$100,000 as well as public liability insurance naming
§106-20A the Town of Mamaroneck as a coinsured in an
aggregate amount of not less than$2,000,000 is to
accompany application.) $350
Supplemental blasting at the same site $100
§106-49B Discharge compliance certificate application $75
§106-56 Building fees:
Filing fees(applies to all permits issued by the Director
of Building Code Enforcement and land Use
Administration):
Residential $100.00 Filing fee plus$17.00 per thousand
of construction cost
Commercial $100.00 Filing fee plus$25 00 per thousand
of construction cost
Original certificate of occupancy:
One-and two-family dwellings and related accessory
structures $100
Commercial and all other buildings $100
Temporary certificate(plus bond as required by
Director of Building Code Enforcement and Land Use
Administrator) $300
Copy of certificate of occupancy 0.25t
Original letter of compliance $100.00
Duplicate Copy of letter of compliance 0.25Q
$100 filing fee,plus$17.00 per$1,000 of
Mechanical rock removal permit application rock removal cost
let $125
tee-same-let $449
Code Section Subject Fee or Deposit
To raze any structure:
$100 filing fee,plus 517.00 per$1,000 of demo
cost
Residential demolition
$100 filing fee,plus$25 00 per$1,000 of
Commercial Demolition demo cost
undertaker
NOTE:Fees for all permits issued after construction has started or where it has been completed shall be double the calculated fee.
Permit renewals: . -- - . •. -: -- -. •... •• - :- - - •-. . .1/12 of the original Building Permit fee
multiplied by the number of months to be extended,but in no case to be less than$500.00
To move a building:Treat fees the same as for new construction.
§110-12 B Floodplain development permit $100 filing fee plus up to$1500.00 to cover costs
§114-7A Wetlands permit application $200
§117-6 Garage sale license application $20
TBD Commuter Lot 1 Daytime Permit annual $725
TBD Commuter Lot 1 Daytime Permit semi-annual $380
TBD $80,Plus$0.60 per hour from 5:00 a.m.to
Commuter Lot 1 Meter Permit annual 6:00 p.m.
TBD Area Business Permit Lot No.3 annual $575
TBD Area Business Permit,semi-annual $305
TBD Fee to add second car to daytime,meter,area
business and overnight parking permits $10
TBD Lot 3 24-hour Permit annual $825
TBD Lot 3 24 hour Permit,semi-annual $430
TBD Lot 3 24-hour senior Permit annual $675
Lot 3 24-hour senior Permit semi annual $355
TBD Lot 4&Lot 1 Overnight Permit $450
TBD Parking Permit replacement $10
Code Section Subject Fee or Deposit
• §154-7A Peddling license,vehicle $125
§154-76 Peddler's license $125
§158-6 Plumbing fees:
$75,plus 517.00 per$1,000 of plumbing
Residential plumbing fee installation
$150,plus 525.00 per$1,000 of plumbing
Commercial Plumbing Fee installation
NOTE:For purposes of fee,gas appliances shall be considered as a plumbing fee
Fuel oil equipment:
Each oil burner,hourly rated capacity up to 2 gallons $100
Over 2 gallons and up to 10 gallons $150
Over 10 gallons $200
Storage tanks:Removal,Installation or Abandonment:
Up to 275 gallons $100 filing fee plus$100 permit fee
Over 275 gallons and up to 550 gallons $100 filing fee plus$125 permit fee
Over 550 gallons and up to 1,000 gallons $100 filing fee plus$150 permit fee
Over 1,000 gallons and up to 2,000 gallons $100 filing fee plus$350 permit fee
For each 1,000 gallons over 2,000 gallons $30 per thousand gallons
Up to 550-gatiens
Over-550-gallons
NOTE:Removal of underground tanks requires a$1200 bond
Son $50
Gas piping permit and test: $100
Each„ s fired heating. pliance $
gac-h-ether-apptianc-e 52-5
§167-8B Photocopies,not to exceed 9 inches by 14 inches $0.25 per page
§167-8 Blueprint or plan photocopy $2 per square feet
Code Section Subject Fee or Deposit
$6-per-square-feet
Digital topographic/Tax Map CD $100 per map page
Town Code/inserts(no cover) $360
Zoning pamphlet $20
Zoning,election or Town Map $3
Signs:
§175-817
$100 filing fee
For erecting,placing or painting a new sign,altering,
reconstructing,enlarging or relocating an existing sign $150
$400
Temporary signs as approved by Building Department $60
Temporary signs as approved by Town Board $200
4476.17 Filing-fees $-5
$488
$S0
§177-15 $350,plus$25 for each parking space
Site plan approval application required by the Zoning Ordinance
6%of the total performance bond or$2 per
linear foot of road surface,whichever is
Engineering fees higher
§187-5 Restoration deposits:
Street openings up to 100 square feet $1,200
Additional deposit for street openings in excess of 100
square feet $10 per square foot over 100 square feet
§190-22 Subdivision of land:
$300,plus$150 for each additional lot
Up to 2 lots shown on application
§198-Reserved Taxi drivers Reserved
§198-3 Reserved Taxicab and livery license Reserved
§198-7B Reserved Replacement of taxicab license or badge Reserved
Code Section Subject Fee or Deposit
§207-6A Tree removal permit application:
1 to 4 trees $75
Each additional tree $15
TBD pi9 —, 3 0 Residential parking permits $25 per motor vehicle per year
TBD 9-f/j 3 r Residential Parking Permit issued in the months of $10.00
"z7
April,May,June,July,August or September
§/240-61A Special permit fees:
Application fee $300
Renewal $150
§240-91 Zoning Board of Appeals application
Area variance,first request $200
Each additional requested variance $100
Use variance $200
Zoning variance extension $200
Fee for advertising hearing by Board of Appeals $50
§250-1 Bowling alley $250
Bounced check fee $20
Property tax fee(charge to tax service entities for
property tax payments without tax bill) $5 per parcel/tax bill
Accident report $0.25 per page
Complaint report $0.25 per page
Auctioning permits,per day $5
Auctioneering permit $100
Certified copies of vital records $10
at„0
° Town of Mamaroneck
. , Z
WFrnoCounty of Westchester
IniL 7 740 West Boston Post Road, Mamaroneck, NY 10543-3353 3 -6 -17
COUNSEL TEL: 914/381-7815
FAX: 914/381-7809
WMakedr@TownofMamaroneckNy.org
MEMORANDUM
To: Members of the Town Board
cc: Stephen V. Alfieri, Town Administrator
From: William Maker, Jr., Attorney for the Town
Subject: PPF SS 615 Fifth Avenue LLC (Safeguard Storage)
615 Fifth Avenue
Section/Block/Lots: 1-31-333 and 334
Date: February 8, 2019
As part of the approval for the new self-storage facility on Fifth Avenue, the owner
• of the property is required to enter into an Access Easement and Maintenance Obligation
agreement with the Town. The Agreement authorizes the Town, at the property's
owner's expense, to perform maintenance work on the drainage infrastructure that the
owner, through required to do so, does not perform.
The request is for the Town Board to authorize Steve to execute the agreement and
the recording documents on behalf of the Town so that the agreement can be recorded in
the office of the Westchester County Clerk.
,I))
•
i, Printed on Recycled Paper
•
ACCESS EASEMENT AND MAINTENANCE OBLIGATION
615 FIFTH AVENUE
THIS EASEMENT made the day of , 2019 by and between PPF SS 615 FIFTH
AVENUE, LLC, a Delaware limited liability company duly organized, validly existing and
authorized to do business in the State of New York with offices at 3384 Peachtree Road, 4th Floor,
Atlanta,Georgia(hereinafter referred to as"GRANTOR"),and the TOWN OF MAMARONECK,
a municipal corporation having its principal offices and place of business in the Town Center, 740
Boston Post Road, Mamaroneck, Westchester County, New York 10543 (hereinafter referred to
as the "TOWN").
RECITALS
WHEREAS, the GRANTOR is the owner in fee simple of certain real property located in the
Town of Mamaroneck, Westchester County, New York commonly known as 615 Fifth Avenue,
Mamaroneck,New York and known on the Tax Assessment map of the Town of Mamaroneck as
Parcel Number 1-31-333 & 1-31-344 (the "Property"), as further described on Schedule A
attached hereto and made a part hereof and classified in the Service- Business Residential ("SB-
R")Zoning District; and
WHEREAS, on November 2, 2017, the Town of Mamaroneck Planning Board granted Site Plan
Approval for the construction of a new self-storage building and associated off-street parking and
site improvements; and
WHEREAS,the Site Plan application involved an unlisted action pursuant to the New York State
Environmental Quality Review Act (6 NYCRR § 617 et, seq.) ("SEQRA") and the Town of
Mamaroneck Environmental Quality Review (Town Code Chapter 92) ("MEQR"); and
WHEREAS, the Town of Mamaroneck Planning Board, having reviewed the Environmental
Assessment Form submitted by the Applicant in support of the Site Plan application, approved an
authorization of a determination of non-significance (the "Negative Declaration"), dated
November 2, 2017, for the construction of a new self-storage building and associated
improvements; and
WHEREAS, according to the FEMA Flood Insurance Rate Map, the Property is located in an
Area of Special Flood Hazard, FEMA Zone A, as defined in Chapter 110 of the Town of
Mamaroneck Town Code (the "Town Code"), Flood Damage Prevention, and is subject to the
requirements codified in Section 110-21 of the Town Code; and
WHEREAS, in accordance with the requirements of Chapter 110 of the Town Code, Flood
Damage Prevention, on November 2, 2017, the Town of Mamaroneck Planning Board granted a
variance from Chapter 110 Section 110-21(E) to allow the lowest floor of the proposed building
within Zone A with no base flood elevation data to be located at grade; and
WHEREAS, in granting the variance from Chapter 110 Section 110-21(E), the Planning Board
approved the alternatives of waterproofing the foundation, raising the loading dock elevation by
3856578.1
one(1)foot,and decreasing stormwater runoff with pervious pavers,a"Blue roof'(rooftop storage
of stormwater), and a water quality treatment unit; and
WHEREAS, Sheet SP-8, Erosion and Sediment Control Plan of the approved site plan drawings
and the Stormwater Management Report ("Stormwater Report") prepared by JMC Planning
Engineering Landscape Architecture and Land Surveying, PLLC ("JMC"), dated October 20,
2017, depict the stormwater management infrastructure (referred to herein as the "Stormwater
Infrastructure")to be constructed as part of the proposed development as required by the Town of
Mamaroneck Planning Board in its fmal Site Plan approval and Flood Damage Prevention Code
Variance Resolution dated November 2,2017; and
WHEREAS, the Town Consulting Engineer and the Town Engineer, reviewed the submitted
plans, drawings and reports for the proposed development, including the Stormwater Report, and
determined that the stormwater management practices and flood control measures will sufficiently
accommodate the flow of water and reduce the peak rate of runoff through the 100-year storm;
and
WHEREAS, the Stormwater Infrastructure benefits the Property further described on Schedule
A attached hereto and made a part hereof,in that it collects runoff from the Property; and
WHEREAS, it is understood that any subsequent deed to the Property shall contain mutual
covenants providing for the enforcement of the affirmative obligations hereinafter set forth with
respect to maintenance of the Stormwater Infrastructure; and
WHEREAS,this EASEMENT is consistent with Chapter 95 of the Town Code, which sets forth
the Town's intent and objectives to control and regulate land-disturbing activities to assure that
best management practices are used to minimize water pollution, flooding, erosion and
sedimentation, and are used to minimize water pollution, retain valuable topsoil and vegetation
and prevent flooding, erosion and sedimentation; and
WHEREAS, Special Condition 15(c) of the November 2, 2017 Site Plan Approval Resolution
requires the GRANTOR to prepare and obtain approval by the Town Engineer and Town Attorney
a stormwater management easement and maintenance agreement ("Easement") for permanent
onsite Stormwater Infrastructure, excluding the Pine Brook Culvert, in accordance with the
requirements of Town Code Section 95-15; and
WHEREAS,Section 95-15.0 of the Town Code,Maintenance Easements,provides that"prior to
the issuance of any approval that has a stormwater management facility as one of the requirements,
the applicant or developer must execute a maintenance easement agreement that shall be binding
on all subsequent landowners served by the stormwater management facility. The easement shall
provide for access to the facility at reasonable times for periodic inspection by the Town of
Mamaroneck to ensure that the facility is maintained in proper working condition to meet design
standards and any other provisions established by this article. The easement shall be recorded by
the grantor in the office of the County Clerk after approval by the counsel for the Town of
Mamaroneck";and
WHEREAS, Section 95-18.0 of the Town Code further provides that "[b]y acceptance of the
permit, the owners of the property, their heirs, successors and assigns shall be responsible for the
3856578.1
future maintenance, repair and replacement of all required stormwater management facilities to
the satisfaction of the Stormwater Management Officer"; and
WHEREAS,the maintenance to be performed as referenced herein is detailed in the Maintenance
Plan provided in that certain Stormwater Report, on file with the Town of Mamaroneck; and
WHEREAS, the parties hereto desire to create this EASEMENT for access over the Property to
facilitate proper maintenance of the Stormwater Infrastructure.
NOW,THEREFORE, the parties hereto agree to and with each other as follows:
1. The Recitals above are hereby incorporated into this EASEMENT as if fully set forth
herein.
2. GRANTOR shall be obligated to maintain and/or repair in good working order the
Stormwater Infrastructure.
3. All improvements constructed on the Property related to the Stormwater Infrastructure
shall conform to the Site Plan Approval and GRANTOR shall not make any improvements
related to the Stormwater Infrastructure without prior Town approval, such approval not to
be unreasonably withheld.
4. GRANTOR shall be obligated to submit an annual report prepared by a New York State
licensed professional engineer certifying, after on-site personal inspection, that the
Stormwater Infrastructure has been constructed and is being maintained in accordance with
the approved plans and functions as designed.
5. GRANTOR hereby grants the TOWN the right, upon 24-hours' written notice mailed to
GRANTOR's attention at 615 Fifth Avenue, Larchmont, New York, 10538, but not the
obligation, to enter upon the Property at reasonable times to make periodic inspections to
ensure that the Stormwater Infrastructure is being maintained in proper working condition.
6. If following 24-hours' written notice mailed to GRANTOR's attention at 615 Fifth
Avenue, Larchmont, New York, 10538, and after passage of 45 days for GRANTOR to
cure, the TOWN determines that GRANTOR has failed or is unable to perform proper
maintenance of the Drainage Infrastructure, the TOWN shall have the right, but not the
obligation, upon reasonable notice to GRANTOR, to enter upon the Property to perform
the work necessary to maintain, repair and preserve the continued operation and proper
function of the Stormwater Infrastructure.
7. The TOWN shall have the right, but not the obligation, at its discretion to utilize
independent contractors in addition to or in lieu of TOWN employees to enter the Property
for the purpose of investigating, maintaining, repairing or replacing the Stormwater
Infrastructure.
8. Notwithstanding the foregoing, in the event that the TOWN, in its sole reasonable
discretion, determines that emergency conditions exist and that the GRANTOR is not
undertaking reasonable efforts to maintain and/or repair the Stormwater Infrastructure, the
3856578.1
TOWN shall have the right, without notice, to inspect, maintain and/or repair the
Stormwater Infrastructure.
9. Except in cases of emergency, in exercising its rights under this EASEMENT, the TOWN
shall make reasonable efforts to enter the Property over routes as will occasion the least
practicable damage and inconvenience to GRANTOR.
10. If maintenance and/or repair is performed by the TOWN, the GRANTOR shall reimburse
the TOWN for all of the reasonable costs and expenses of performing the maintenance
and/or repair, including but not limited to the salaries (including overtime) of TOWN
employees, contractors and/or consultants who perform or supervise all or some of the
work. If not timely reimbursed,the TOWN shall have the right to add such reimbursement
amount to the tax(as that term is defined in Section 102(20)of the New York Real Property
Tax Law) levied against the Property. In addition, the GRANTOR shall reimburse the
TOWN for any costs the TOWN incurs in attempting to collect these costs(e.g. attorney's
fees, fees paid to collection agencies, court costs, etc.) If not paid, the TOWN shall have
the right to add such amount to the tax (as the term is defined in Section 102 (20) of the
New York Real Property Tax Law) levied against the Property.
11. With respect to the liability of GRANTOR for reimbursement to the TOWN pursuant to
Paragraph 10 above, each of the two (2) lots comprising the Property, further described
on Schedule A attached hereto and made a part hereof,shall be jointly and severally liable
for the full amount.
12. This EASEMENT shall run with the land and be binding upon and inure to the benefit of
and shall be enforceable by the parties hereto, their respective heirs, legal representatives,
distributes, successors and assigns,and the failure of any of them to enforce the provisions
herein contained shall not be deemed a waiver of the right to do so thereafter.
13.This EASEMENT shall be filed by GRANTOR against the Property in the Office of the
County Clerk of Westchester County, Division of Land Records, within ten (10) days of
the date of the first written above.
14.This EASEMENT may be amended or rescinded only upon the written consent of the
GRANTOR and the TOWN.
15.Any subsequent conveyance of any interest in the Property, including, without limitation,
transfer, or lease, shall be subject to this EASEMENT, and any deed, lease or other
instrument evidencing or effecting such conveyance shall contain language substantially
as follows: "This [conveyance, lease,easement, etc.] is subject to an Easement which runs
with the land and which was granted to the TOWN OF MAMARONECK by instrument
dated _, 2019, and recorded in the office of the Clerk of Westchester County
under Control Number ." The failure to include such language in any deed or
instrument shall not affect the validity or enforceability of this EASEMENT.
16. As used in this EASEMENT,the term `GRANTOR"includes the original Grantor, its,his,
her or their heirs, successors and assigns, all future owners of all or any portion of the
3856578.1
Property, and any party entitled to possession or sue thereof; and the term "TOWN"
includes the Town of Mamaroneck and its successors and assigns.
17. Each party shall perform any further acts and execute and deliver any documents,including
amendments to this EASEMENT, which may be reasonably necessary to carry out its
provisions.
18. Invalidation of any provision of this EASEMENT by court judgment, order, statute or
otherwise shall not affect any other provisions, which shall be and remain in force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused their signatures to be affixed the day
and year first above written.
dir • ,k_____,
GRANTOR
SAFEGUARD STORAGE PROPERTIES, LLC
TOWN OF MAMARONECK
3856578.1
Maria L. Wexler
Notary Public, State of New York.
No, CI IE62j6253
STATE OF NEW YORK ] Quafified in Nassau County
COUNTY OF }s.s.. CA mrtr,;csir)n E= rx' ires AE guc= 9, 2Oo2o2
On the /5 day in the year o?019, before me, the undersigned; a notary public
In and for said state, personally appeared , personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by his
signature on the instrument, the individual, or the person executed the instrument.
Notary Public
STATE OF NEW YORK ]
}s.s.:
COUNTY OF
On the day of in the year , before me, the undersigned, a notary public in
and for said state,personally appeared ,personally known to me or proved to
me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by his
signature on the instrument,the individual,or the person upon behalf of which the individual acted,
executed the instrument.
Notary Public
Westchester/Mamaroneck
Section
Block
Lots
3856578.1
Apr
3 -46-(g
Local Law No. -2019
This local law shall be known as the "Elimination of Seasonal Employees from the List of
Employees Required to Make the Certification Mandated by the Code of Ethics and the Addition
of the Position of Deputy Town Administrator to the List of Sensitive Positions" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1-Purpose:
Currently, section 17-6 B. of the Town Code requires each employee to certify annually that he/she
has read the Town's Code of Ethics and has not knowingly or willfully violated that Code. The
Town hires a number of seasonal employees who work for limited periods of time during the
year. Examples include persons employed to work at the ice rink, the summer camps and the
pool.
The Town Board continues to maintain that it is important for employees who work all year long,
whether in a full or part-time capacity, to make the certification mandated by the Code of Ethics,
but finds it unnecessary for seasonal employees to do so.
This local law exempts seasonal employees from the certification requirement by modifying the
definition of"employee" to include only full-time employees.
The title of Deputy Town Administrator has been created. By this local law, that position is added
to the list of Sensitive Positions in the Code of Ethics.
Section 2-Amendment of a current section of the Mamaroneck Code:
Section 17-4 of the Code of the Town of Mamaroneck hereby is amended by deleting the definition
of EMPLOYEE and substituting the following definition of EMPLOYEE in its place:
EMPLOYEE
Each officer, volunteer or employee of the Town of Mamaroneck, whether paid or unpaid,
whether elected or appointed, whether serving in a full-time,probationary or permanent part-time
or advisory capacity. Volunteers whose responsibilities do not give rise to possible violations of
these rules shall not be considered "employees" for the purpose of this article. The Town Board
shall determine which volunteers shall be considered "employees"for this purpose.
Section 3-Amendment of a current section of the Mamaroneck Code:
Section 17-4 of the Code of the Town of Mamaroneck hereby is amended by adding the following
title to the list of Sensitive Positions:
SENSITIVE POSITION
N. Deputy Town Administrator
and by relettering the existing sections 17-4 N. through and including 17-4 QQ. to sections 17-4 O.
through and including section 17-4 RR.
Section 4-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 5-Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
February 8,2019
8. AFFAIRS OF THE TOWN - FROM CHRISTINA
Please note the Town Clerk (my apologies) was
unable to publish the Notice of the Haring in
due time. Therefore, the Town Board will need
to re set the Public Hearing for March 20, 2019