Loading...
HomeMy WebLinkAbout2019_06_19 Town Board Meeting Packet TOWN OF MAMARONECK TOWN BOARD AGENDA WEDNESDAY JUNE 19, 2019 5:00PM THE TOWN BOARD WILL CONVENE IN CONFERENCE ROOM A TO DISCUSS: 1. Town Police Department Update 2. Update - Community Solar Project 3. Discussion - Draft Legislation Commuter Parking 4. Update - Community Development Block Grant Projects 5. Revisions - 2020 Budget Calendar 6. New Business 7. Request for Executive Session 8:00PM CALL TO ORDER - COURTROOM SUPERVISOR'S REPORT PUBLIC HEARINGS 1. Prohibition on Parking Within 30 Feet of the Intersection of Maple Hill Drive & Murray Avenue 2. Prohibition on Parking Within 3 Feet of a Driveway Entrance - North Side of Palmer Avenue Between Richbell Road & Blossom Terrace 3. Community Development Block Grant Applications 2020 & 2021 CITIZEN COMMENTS BOARD OF FIRE COMMISSIONERS 1 . Fire Claims 2. Authorization - Retroactive Payment- New York State Disability Retirement 3. Certification of Fire District Bond Referendum 4. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Authorization - Resolution/Grant Contract - NYS Department of Transportation 2. Authorization - Amendment Contract TA-19-07 Highway Garage Repairs 3. Authorization - Closure & Transfer of Trust & Agency Funds 4. Authorization - Extension of Lease Agreement Southeast Consortium 5. Report of Bids - Installation of Electric Vehicle Charging Stations 6. Authorization -Waiver of Fees E-Check Payments 7. Salary Authorization - Senior Citizens Program 8. Salary Authorization - Section Eight Program 9. Consideration of Certiorari REPORT OF MINUTES ,��,��( 2) REPORTS OF THE COUNCIL TOWN CLERK'S REPORT NEXT REGULARLY SCHEDULED MEETING -July 24, 2019 & August 21 , 2019 Any physically handicapped person needing special assistance in order to attend the • meeting should contact the Town Administrator's office at 381-7810. TOWN BOARD MEETING WORKSESSION AGENDA WEDNESDAY, JUNE 19, 2019 5:00PM - CONFERENCE ROOM A 1. Town Police Department Update. (No attachment. Chief Creazzo will appear at the Worksession to discuss current activities in the department). 2. Update-Community Solar Project. (No attachment). 3. Discussion -Draft Legislation Commuter Parking. (See attachment). • 4. Update-Community Development Block Grant Projects. (No attachment). 5. Revisions -2020 Budget Calendar. (See attachment). 6. New Business. 7. Request for Executive Session. Local Law No. -2019 This local law shall be known as the "Parking Prohibited on Certain Sides of Certain Streets at Certain Times" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: The Town Board finds that the proliferation of parked cars in the section of Town that lies within one-half mile of the Larchmont Metro-North Train Station has caused congestion on the streets and hazardous conditions for pedestrians and motorists alike. To establish control and restore safe conditions to this area of Town while not preventing the local residents from being able to park on the streets where they live during the daytime, the Town Board enacts this local law that amends the current law to prohibit parking for one hour of each weekday on each side of each street in this area. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-20 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 219-20. Parking prohibited certain times. No motor vehicle shall be parked, unless otherwise indicated, upon any of the public highways or parts of public highways described below, between the hours specified below. Name of public Direction of highway Travel Location Hours Days All roads in All On public highways, except 3:00 a.m. to All Unincorporated those public highways 6:00 a.m. Town of designated in § 219-21 Mamaroneck Alden Road South West side from Boston Post 9:00 a.m. to Tuesday Road to Copley Road 12:00 noon Birch Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday Birch Road South West side for its entire 12 noon to 1:00 Monday through length p.m. Friday Birchfield Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday A Name of public Direction of highway Travel Location Hours Days Birchfield Road South West side for its entire 12 noon to 1:00 Monday through length p.m. Friday Bryson Street East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday Bryson Street West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday Burton Road North East side from the driveway 9:00 a.m. to Wednesday entrance of the 12:00 noon southernmost parking garage to the beginning of the section where parking is prohibited at all times. Burton Road South West side from Palmer 9:00 a.m. to Thursday Avenue to the beginning of 12:00 noon the section where parking is prohibited at all times. Byron Lane East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday Byron Lane West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday Cabot Road North East side for its entire length 9:00 a.m. to Monday through 10:00 Friday Cabot Road South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Colonial West North side from Murray 7:30 a.m. to School Days, Avenue Avenue to Daymon Terrace 9:00 a.m. and except holidays 2:00 p.m. to 3:30 p.m. Colonial West North side from the 7:30 a.m. to School Days, Avenue driveway of the home at 85 9:00 a.m. and except holidays Colonial Avenue to 2:00 p.m. to Daymon Terrace 3:30 p.m. Name of public Direction of highway Travel Location Hours Days Copley Road North From Alden Road to the 9:00 a.m. to Tuesday southern property line of 10 12:00 noon Copley Road Dante Street East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday Dante Street West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday Daymon South East side from Senate Place School Times School Days Terrace to Colonial Avenue Dillon Road North East side from Boston Post 9:00 a.m. to Tuesday Road to Edgewater Place 12:00 noon Dimitri Place East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday Dimitri Place West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday Echo Lane North East side for its entire 10:00 a.m. to Monday through length 11:00 a.m. Friday Echo Lane South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Edgewood East South side from 9:00 a.m. to Monday through Avenue Rockingstone Avenue to 10:00 a.m. Friday Judson Street Edgewood West North side from 2:00p.m. to Monday through Avenue Rockingstone Avenue to 3:00 p.m. Friday Judson Street Edgewood West North side from Weaver 2:00 p.m. to Monday through Avenue Street to its terminus 3:00 p.m. Friday Emerson Road North East side for its entire length 10:00 a.m. to Monday through 11:00 a.m. Friday Emerson Road South West side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday Fern Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday Fern Road South West side for its entire 12 noon to 1:00 Monday through length p.m. Friday Forest Avenue East South side for its entire 10;00 a.m. to 12 Monday through length noon Friday Forest Avenue West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday Name of public Direction of highway Travel Location Hours Days France Place North East side for its entire length 10:00 a.m. to Monday through 11:00 a.m. Friday France Place South West side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday Glenn Road East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday Glenn Road West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday Tar-- ,. So - i s or its entire 9:00 a.m. to Monday t 1 , t h Avenue ength 10:00 a.m. '• . , ___ Hillcrest West North for its entire length 2:00 p.m. to Monday through Avenue 3:00 p.m. Friday Hillside Road West North side for its entire 10:00 a.m. to Monday through length 11:00 a.m. Friday Hillside Road East South side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday Homer Avenue East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday Homer Avenue West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday Judson Street North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Judson Street South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Huguenot Drive West, then South side for its entire 10:00 a.m. to Monday through North length 11:00 a.m. Friday Huguenot Drive South, then North side for its entire 1:00 p.m. to Monday through East length 2:00 p.m. Friday Lafayette Road North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Lafayette Road South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Laurel Avenue West North side for its entire 9:00a.m. to Monday through length 10:00a.m. Friday Laurel Avenue East South side for its entire 2:00p.m. to Monday through length 3:00p.m. Friday Leafy Lane East South side for its entire 9:00 a.m. to Monday through length 10:00 a.m. Friday Leafy Lane West North side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Lester Place Both South side for its entire 9:00a.m. to Wednesday length noon Name of public Direction of highway Travel Location Hours Days Lookout Circle North, then East and south sides for its 10:00 a.m. Monday through East entire length to 11:00 Firday a.m. Lookout Circle West, then West and north sides for its 1:00 p.m. Monday through South entire length to 2:00 p. Friday m. Maple Hill East South side for its entire 10:00 a.m. Monday through Drive length to 11:00 Friday a.m. Maple Hill West North side for its entire 1:00 p.m. Monday through Drive length to 2:00 p. Friday m. Maple Street North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Maple Street South West side for its entire 2:00 p.m. Monday through length to 3:00 Friday p.m. Maplewood North East side for its entire length 11:00 a.m. Monday through Street to 12 noon Friday Maplewood South West side for its entire 12 noon to Monday through Street length 1:00 p.m. Friday Mountain East South side for its entire 10:00 a.m. Monday through Avenue length to 11:00 Friday a.m. Mountain West North side for its entire 1:00 p.m. Monday through Avenue length to 2:00 Friday p.m. Murray Avenue South West side from Leafy Lane 9:00a.m. to First Friday of to Myrtle Boulevard 11:00a.m. each month Murray Avenue North East side from Leafy Lane 9:00a.m. to Second Friday of to Myrtle Boulevard 11:00a.m. each month Murray Avenue South West side from Bryson 8:00 a.m. to School days Street for a distance of one- 9:00 a.m. and hundred and ninety eight 2:30 p.m. to (198) feet toward Forest 3:30 p.m. Murray Avenue North East side for a distance of 8:00 a.m. to School Days one hundred fifty (150) 4:00p.m. feet from Forest Avenue between Name of public Direction of highway Travel Location Hours Days Murray Avenue South West side from Forest 8:00 a.m. to School days Avenue for a distance of 9:00 a.m. and one-hundred and seventy 2:30 p.m. to five (175) feet toward 3:30 p.m. Bryson Street Murray Avenue South West side commencing at a 8:00 a.m. to School Days point three hundred and 4:00 p.m. sixty five (365) feet north from Bryson Street for a distance of one-hundred and forty (140) feet toward Forest Avenue to a point ending two hundred and forty five (245) from Forest Avenue New Jefferson South West side for its entire 9:00a.m. First Tuesday Street length to l 1:00a.m. of each month New Jefferson North East side for its entire length 9:00a.m. to Second Tuesday Street 11:00a.m. of each month Normandy North East side for its entire length 10:00 a.m. Monday through Road to 11:00 Friday a.m. Normandy South West side for its entire 1:00 p.m. Monday through Road length to 3:00 Friday p.m. North North East side from the point 10:00 a.m. Monday through Chatsworth where the WS Residential to 11:00 Friday Avenue Area (as defined in § 219- a.m, 62) ends to Forest Avenue North South West side from forest 2:00 p.m. Monday through Chatsworth Avenue to the point where to 3:00 Friday Avenue the WS Residential Area(as p.m. defined in § 219-62) begins North North East side from Myrtle 9:00a.m. to First Thursday of Chatsworth Boulevard to the northern 11:00a.m. each month Avenue boundary of 40 North Chatsworth Avenue North South West side from the northern 9:00a.m. Second Thursday Chatsworth boundary of 35 North to11:00a.m. of each month Avenue Chatsworth to Myrtle Boulevard Name of public Direction of highway Travel Location Hours Days Orsini Drive North East side for its entire length 11:00 Monday through a.m. to Friday 12 noon Orsini Drive South West side for its entire 12 noon Monday through length to 1:00 Friday p.m. Overlook South, then West and south sides for its 9:00 a.m. Monday through Terrace East, then entire length to 10:00 Friday North a.m. Overlook South, then East and north sides for its 2:00 Monday through Terrace West, then entire length p.m. to Friday North 3:00 p.m. Palmer Avenue East South side from the 8:00a.m. Monday through driveway entrance to to Friday Mamaroneck High School 5:00p.m. for a distance of ninety (90) feet toward Richbell Road Poplar Road North East side for its entire length 10:00 a.m. to Monday through 11:00 a.m. Friday Poplar Road South West side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday Preston Street North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Preston Street South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Richbell Road North East side from Palmer 9:00a.m to Wednesdays Avenue to the boundary line 12:00 noon of the Village of Mamaroneck Richbell Road South West side from Palmer 9:00 a.m. to Thursdays Avenue to the boundary line 12:00 noon of the Village of Mamaroneck Rochelle Road East South side for its entire 10:00 a.m. to Monday through length 11:00 a.m. Friday Rochelle Road West North side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday Senate Place North East side for its entire length 8:00 a.m. to School days 4:00p.m. Seton Road East South side for its entire 10:00 a.m. to Monday through length 11:00 a.m. Friday Name of public Direction of highway Travel Location Hours Days Seton Road West North side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday Sheldrake North East side from Forest 8:00a.m. to School days Avenue Avenue to Holly Place 9:00a.m. and from 2:30p.m. to 3:30p.m. Springdale North East side for its entire length 10:00 a.m. to Monday through Road 11:00 a.m. Friday Springdale South West side for its entire 1:00 p.m. to Monday through Road length 2:00 p.m. Friday Spruce Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday Spruce Road South West side for its entire 12 noon to 1:00 Monday through length p.m. Friday Taylor Place North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Taylor Place South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Thompson North East side for its entire 9:00a.m. to Monday through Street length 10:00a.m. Friday Thompson South West side for its entire 2:00p.m. to Monday through Street length 3:00p.m. Friday Valley Road North East side for its entire 11:00 a.m. Monday through length to 12:00 noon Friday Valley Road South West side for its entire 12:00 noon to Monday through length 1:00 p.m. Friday Varela Lane North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Varela Lane South West side for its entire 2:00 p.m. Monday through length to 3:00 Friday p.m. Washington South East side for its entire length 9:00a.m. to Second Monday Square 11:00a.m. of each month Washington South West side for its entire 9:00a.m. to First Monday of Square length 11:00a.m. each month Wildwood Road East South side for its entire 10:00 a.m. to Monday through length 11:00 p.m. Friday Wildwood Road West North side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday Wood Street North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Name of public Direction of highway Travel Location Hours Days Wood Street South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday 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 filing with the Secretary of State. June 14,2019 § 219-20. Parking prohibited certain times. No motor vehicle shall be parked, unless otherwise indicated, upon any of the public highways or parts of public highways described below, between the hours specified below. Name of public Direction of highway Travel Location Hours Days All roads in All On public highways, except 3:00 a.m. to All Unincorporated those public highways 6:00 a.m. Town of designated in § 219-21 Mamaroneck Alden Road South West side from Boston Post 9:00 a.m. to Tuesday Road to Copley Road 12:00 noon Birch Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday Birch Road South West side for its entire 12 noon to 1:00 Monday through length p.m. Friday Birchfield Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday Birchfield Road South West side for its entire 12 noon to 1:00 Monday through length p.m. Friday Bryson Street East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday Bryson Street West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday Burton Road North East side from the driveway 9:00 a.m. to Wednesday entrance of the 12:00 noon southernmost parking garage to the beginning of the section where parking is prohibited at all times. Burton Road South West side from Palmer 9:00 a.m. to Thursday Avenue to the beginning of 12:00 noon the section where parking is prohibited at all times. Byron Lane East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday Name of public Direction of highway Travel Location Hours Days Byron Lane West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday Cabot Road North East side for its entire length 9:00 a.m. to Monday through 10:00 Friday Cabot Road South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Colonial West North side from Murray 7:30 a.m. to School Days, Avenue Avenue to Daymon Terrace 9:00 a.m. and except holidays 2:00 p.m. to 3:30 p.m. Colonial West North side from the 7:30 a.m. to School Days, Avenue driveway of the home at 85 9:00 a.m. and except holidays Colonial Avenue to 2:00 p.m. to Daymon Terrace 3:30 p.m. Copley Road North From Alden Road to the 9:00 a.m. to Tuesday southern property line of 10 12:00 noon Copley Road Dante Street East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday Dante Street West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday Daymon South East side from Senate Place School Times School Days Terrace to Colonial Avenue Dillon Road North East side from Boston Post 9:00 a.m. to Tuesday Road to Edgewater Place 12:00 noon Dimitri Place East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday Dimitri Place West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday Echo Lane North East side from Murray 10:00 a.m. to Monday through Avenue to "i11 iae Road for 11:00 a.m. Friday its entire length Echo Lane South West side from hillside 2:00 p.m. to Monday through for 3:00 p.m. Friday its entire length Name of public Direction of highway Travel Location Hours Days Edgewood East South side from Murray 2:00 p.m. 9:00 Monday through Avenue Rockingstone Avenue to a.m. to 310:00 Friday Judson Street pa.m. Edgewood West North side from Murray 10:00-a2:00p.m. Monday through Avenue Rockingstone Avenue to to 44-3:00 ap.m. Friday Judson Street Edgewood I n,;t South side from Weaver 9:00 a.m. to Monday through Avenue Street to its terminus 10:00 a.m. Friday Edgewood West North side from Weaver 2:00 p.m. to Monday through Avenue Street to its terminus 3:00 p.m. Friday Emerson Road North East side for its entire length 10:00 a.m. to Monday through 11:00 a.m. Friday Emerson Road South West side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday Fern Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday Fern Road South West side for its entire 12 noon to 1:00 Monday through length p.m. Friday Forest Avenue East South side for its entire 10;00 a.m. to 12 Monday through length noon Friday Forest Avenue West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday France Place HeNorth Beth-East sides for its entire 10:00 a.m. to Monday through length 11:00 a.m. Friday France Place HSouth Heti}West sides for its 21:00 p.m. to Monday through entire length 32:00 p.m. Friday Glenn Road East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday Glenn Road West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday Hillcrest East South side for its entire 9:00 a.m. to Monday through Avenue length 10:00 a.m. Friday Hillcrest West North for its entire length 2:00 p.m. to Monday through Avenue 3:00 p.m. Friday Hillside Road West North side for the-entireits 10:00 a.m. to Monday through entire length 11:00 a.m. Friday Hillside Road East South side for t;e-entifeits 21:00 p.m. to Monday through entire length 42:00 p.m. Friday Homer Avenue East South side for its entire 11:00 a.m. to 12 Monday through length noon Friday Name of public Direction of highway Travel Location Hours Days Homer Avenue West North side for its entire 12 noon to 1:00 Monday through length p.m. Friday Judson Street North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Judson Street South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Huguenot Drive BetkWest, South sides for its entire 510:00 a.m. to Monday through then North length' 110:00 a.m. Friday Huguenot Drive South, then North side for its entire 1:00 p.m. to Monday through East length 2:00 p.m. Friday Lafayette Road North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Lafayette Road South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Laurel Avenue West North side for -reits -1-09:00a.m. to Monday through entire length 1-1-0:00a.m. Friday Laurel Avenue East South side for the entireits 2:00p.m. to Monday through entire length 3:00p.m. Friday Leafy Lane East South side for its entire 9:00 a.m. to Monday through length 10:00 a.m. Friday Leafy Lane West North side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Lester Place Both South side fortits 9:00a.m. to Wednesday entire length noon Lookout Circle North, then East and south sides for its 10:00 a.m. Monday through East entire length to 11:00 Firday a.m. Lookout Circle West, then West and north sides for its 1:00p.m. to Monday through South entire length 2:00 p. m. Friday Maple Hill East South side for its entire 10:00 a.m. Monday through Drive length to 11:00 Friday a.m. Maple Hill West North side for its entire 1:00 p.m. to Monday through Drive length 2:00 p. m. Friday Maple Street North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Maple Street South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Maplewood North East side for its entire length 11:00 a.m. Monday through Street to 12 noon Friday Maplewood South West side for its entire 12 noon to Monday through Street length 1:00 p.m. Friday Name of public Direction of highway Travel Location Hours Days Mountain East South side for its entire 10:00 a.m. Monday through Avenue length to 11:00 Friday a.m. Mountain West North side for its entire 1:00 p.m. to Monday through Avenue length 2:00 p.m. Friday Murray Avenue South West side from Leafy Lane 9:00a.m. to First Friday of to Myrtle Boulevard 11:00a.m. each month Murray Avenue North East side from Leafy Lane 9:00a.m. to Second Friday of to Myrtle Boulevard 11:00a.m. each month Murray Avenue South West side from Bryson 8:00 a.m. to School days Street for a distance of one- 9:00 a.m. and hundred and ninety eight 2:30 p.m. to (198) feet toward Forest 3:30 p.m. Murray Avenue North East side for a distance of 8:00 a.m. to School Days one hundred fifty (150) 4:00p.m. feet from Forest Avenue between Murray Avenue South West side from Forest 8:00 a.m. to School days Avenue for a distance of 9:00 a.m. and one-hundred and seventy 2:30 p.m. to five(175) feet toward 3:30 p.m. Bryson Street Murray Avenue South West side commencing at a 8:00 a.m. to School Days point three hundred and 4:00 p.m. sixty five(365) feet north from Bryson Street for a distance of one-hundred and forty(140) feet toward Forest Avenue to a point ending two hundred and forty five(245) from Forest Avenue New Jefferson South West side for the entircits 9:00a.m. First Tuesday Street entire length to11:00a.m. of each month New Jefferson North East side for theeits 9:00a.m. to Second Tuesday Street entire length 11:00a.m. of each month Normandy North East side for its entire length 10:00 a.m. Monday through Road to 11:00 Friday a.m. Name of public Direction of highway Travel Location Hours Days Normandy South West side for its entire 1:00 p.m. to Monday through Road length 3:00 p.m. Friday North North East side from the point 10:00 a.m. Monday through Chatsworth where the WS Residential to 11:00 Friday Avenue Area(as defined in§219- a.m, 62) ends to Forest Avenue North South West side from forest 2:00 p.m. to Monday through Chatsworth Avenue to the point where 3:00 p.m. Friday Avenue the WS Residential Area(as defined in § 219-62)begins North North East side from Myrtle 9:00a.m. to First Thursday of Chatsworth Boulevard to the northern 11:00a.m. each month Avenue boundary of 40 North Chatsworth Avenue North South West side from the northern 9:00a.m. Second Thursday Chatsworth boundary of 35 North to11:00a.m. of each month Avenue Chatsworth to Myrtle Boulevard Orsini Drive North East side for its entire length 11:00 Monday through a.m. to Friday 12 noon Orsini Drive South West side for its entire 12 noon Monday through length to 1:00 Friday p.m. Overlook South,then West and south sides for its 9:00 a.m. Monday through Terrace East, then entire length to 10:00 Friday North a.m. Overlook South, then East and north sides for its 2:00 p.m. Monday through Terrace West,then entire length to 3:00 Friday North p.m. Palmer Avenue East South side from the 8:00a.m. Monday through driveway entrance to to Friday Mamaroneck High School 5:00p.m. for a distance of ninety(90) feet toward Richbell Road Poplar Road North East side for its entire length 10:00 a.m. to Monday through 11:00 a.m. Friday Poplar Road South West side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday Preston Street North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Preston Street South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Name of public Direction of highway Travel Location Hours Days Richbell Road North East side from Palmer 9:00a.m to Wednesdays Avenue to the boundary line 12:00 noon of the Village of Mamaroneck Richbell Road South West side from Palmer 9:00 a.m. to Thursdays Avenue to the boundary line 12:00 noon of the Village of Mamaroneck Rochelle Road BethEast BSouth sides for its entire 210:00 pa.m. to Monday through length 3.11:00 pa.m. Friday ase-Place Rochelle Road West North side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday Senate Place North East side for its entire length 8:00 a.m. to School days 4:00p.m. Seton Road East South side for its entire 10:00 a.m. to Monday through length 11:00 a.m. Friday Seton Road West North side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday Sheldrake North East side from Forest 8:00a.m. to School days Avenue Avenue to Holly Place 9:00a.m. and from 2:30p.m. to 3:30p.m. Senate Place North East side f r the entire 8:00a.m. to length 4440pAni Springdale North East side for its entire length 10:00 a.m. to Monday through Road 11:00 a.m. Friday Springdale South West side for its entire 1:00 p.m. to Monday through Road length 2:00 p.m. Friday Spruce Road North East side for its entire length 11:00 a.m. to 12 Monday through noon Friday Spruce Road South West side for its entire 12 noon to 1:00 Monday through length p.m. Friday Taylor Place North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Taylor Place South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Thompson North East side for t;e-entifeits �09:00a.m. to Monday through Street entire length 14-0:00a.m. Friday Thompson South West side for the-entireits 2:00p.m. to Monday through Street entire length 3:00p.m. Friday Name of public Direction of highway Travel Location Hours Days Valley Road S uNorth WeEast side from 900-a.m. to Thursday Monday Rockingstone "venue to 11:00 a.m. through Friday Forest "venue for its entire to12:00 noon length Valley Road NSourth EaWest side from 9:00a.m. to Monday through 12:00 noon t,. Friday Birch-Street for its entire 1:00 p.m. length Varela Lane North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Varela Lane South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday Washington South East side foroits 9:00a.m. to Second Monday Square entire length 11:00a.m. of each month Washington South West side for the cntircits 9:00a.m. to First Monday of Square entire length 11:00a.m. each month Wildwood Road East South side for its entire 10:00 a.m. to Monday through length 11:00p.m_ Friday Wildwood Road West North side for its entire 1:00 p.m. to Monday through length 2:00 p.m. Friday Wood Street North East side for its entire length 9:00 a.m. to Monday through 10:00 a.m. Friday Wood Street South West side for its entire 2:00 p.m. to Monday through length 3:00 p.m. Friday . `�,, 1 0- o s o•Oi a �r G E a9Pri °` �� ? P� a � ..:. 4.1 E `{` °hr40 N yin•Rd �+ C.,4 .7.. re re 2 '" x S' Ole a v y ylta f e+a ir of 4' o t , _. 6a4 d ftd tJo�e V3k a ClV a N Lt df _: + n 3a 3 F .• ch Rd �b 44 5. d '� t i il‘ Wit.n{ Pae, �.4• V a ��° ro'' /"rq 0. 9 o Bryson St a�+ q%� ,t•`o o� ,`. n y 4a adv , 'k� 6 4. J ar ree COv 0. ...4 "4.. Is / L,rchty. Pad 0y I t'�6" 1:h' `` Si co Rv a •iiy Y �d =` 1 ' tn�: r� �...i "" p°c r J r a RO ` o‘ s�✓l /a o Q / c C .> j 8 ^%' 'Ra / • �� 0+ to ° �° F�kd see ,1 a 9n a J J P,o, �°C �\ �c�e.`� soap* �u;r} �ry#7 {y( n�� ry`. Birt. o r 1'� jai G¢ aiff �L �O s Spt tt+0a1 R °d St J n `�Pa •�® e�P o R aR e/r� Rn J 4.C. Fah e�� f y4°so J .0 > v S, 41 a .l o a ' fNl ' as z c o• f o J Cyd oro; a Ya F,d P�� tt••�``�: °°d C tar lel r \ 0, Sf c.-..C. 44.40 .1, tz �4i' 6 °ad tic i..,` �es�ti� r /'Or4 ,i.,„?. Ioap �P yH° • J , 41'0,, r q4 a dao 0 q. J vOce Pd •P+. Ara qs av h.pJ `@- sr ' Tr Rochey�ePrroe• 61 , P r°� o S p 4.0ir St z. G GO S. t t4 nr.n.)1 fsan: e iy r a u �� ie 1 as \e�'i J ... '� <'A-x7et Pa,t 1. nro.�O° Nota Cti° ta.rth C` `90' 4a N dy J ti J �syyD` Larchm_M. ...,t: H -0 i. 4-4: y 4 C. 'a e: h 14 • Q 0i Q' `>. , 0�� i o 4y. a a 1 a` °. .� BarnJtd Rn `e S 0 Q a y Dr Rry ) Ej $. P J av _.1 7 '.d ` �I,q y ? y �. o• 3 qQ r ? a Corr;of J,estchast.-,v"ies0.F este^Canny C 6 �6 J Hyl. 4 V ye .. 4. At/. s. LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, and pursuant to a resolution of the Mamaroneck Town Board adopted on June 5, 2019 a Public Hearing will be held on Wednesday, June 19, 2019 at 8:00 PM or as soon thereafter as is possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider: "Prohibition on Parking within Thirty Feet of the intersection of Maple Hill Drive and Murray Avenue" Law Purpose The purpose of this law is to improve visibility near the intersection of Maple Hill Drive and Murray Avenue. The full text of this document can be viewed on the website or copies can be obtained at the Town Clerk's office during regular hours, Mon-Fri, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, NY PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: June 11, 2019 Th MOTION/� OF SECONDED BY K F E K S ri f MOT )N� SEfC�ONDED BY it K F EKS Local Law No. -2019 This local law shall be known as the "Prohibition on Parking within Thirty Feet of the intersection of Maple Hill Drive and Murray Avenue" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The purpose of this law is to improve visibility near the intersection of Maple Hill Drive and Murray Avenue. Section 2-Prohibition of Parking on Maple Hill Drive within Thirty Feet of Murray Avenue: Section 219-18 of the Code of the Town of Mamaroneck hereby is amended to add thereto the following: Name of Public Highway Direction of Travel Location Maple Hill Drive Both For a distance of 30 feet from its intersection with Murray Avenue Section 3-Sign(s)to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surface of Maple Hill Drive indicating where parking is prohibited by this law. 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. May 31,2019 MOTION OF SECONDED BY F LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, and pursuant to a resolution of the Mamaroneck Town Board adopted on June 5, 2019 a Public Hearing will be held on Wednesday, June 19, 2019 at 8:00 PM or as soon thereafter as is possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider: "Prohibition on Parking within Three Feet of a Driveway Entrance on the North Side of Palmer Avenue between Richbell Road and Blossom Terrace" Law. Purpose The purpose of this law is to improve visibility for drivers of cars exiting from their driveways on the north side of Palmer Avenue between Richbell Road and Blossom Terrace. The full text of this document can be viewed on the website or copies can be obtained at the Town Clerk's office during regular hours, Mon-Fri, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, NY PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: Local Law No. —2019 This local law shall be known as the "Prohibition on Parking within Three Feet of a Driveway Entrance on the North Side of Palmer Avenue between Richbell Road and Blossom Terrace" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: The purpose of this law is to improve visibility for drivers of cars exiting from their driveways on the north side of Palmer Avenue between Richbell Road and Blossom Terrace. Section 2-Prohibition of Parking within Three Feet of Certain Driveway Entrances: Section 219-18 of the Code of the Town of Mamaroneck hereby is amended to letter the existing section as subsection "A." and to add a new subsection B. to read as follows: B. No motor vehicle shall be parked in front of, or within three (3) feet of a public or private driveway on the north side of Palmer Avenue between Richbell Road and Blossom Terrace. Section 3-Sign(s)to be Erected and Painting to be Done: An appropriate sign or signs shall be erected on and/or above, and/or striping shall be painted on the surface of Palmer Avenue indicating where parking is prohibited by this law. 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. June 5,2019 LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, and pursuant to a resolution of the Mamaroneck Town Board adopted on June 5, 2019, a Public Hearing will be held on Wednesday, June 19, 2019 at 8:00 PM or as soon thereafter as is possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider: Purpose Westchester County has re-entered the Community Development Block Grant Program (CDBG) enabling the Town of Mamaroneck to apply for this federal program. The Town of Mamaroneck will consider an application for the 2020 funding year for interior renovations to the Senior Center, and for the 2021 funding year, sidewalk replacement on Harmon Drive. The full text of this document can be viewed on the website or copies can be obtained at the Town Clerk's office during regular hours, Mon-Fri, 8:30 AM to 4:30 PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, NY PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given an opportunity to be heard and that all persons are invited to submit written comments at or prior thereto. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published: June 12,2019 Memorandum To:Supervisor and Town Board Re:Amended Community Development Block Grant Proposal Date:June 5, 2019 This week we toured the sites of our proposed CDBG projects with a representative from the Westchester County Department of Planning.The purpose was to confirm the details that would be needed for the application. As it turns out there are issues that would make one of the projects very non-competitive in the grant review process. At the outset let me tell you that the Senior Citizen Center Projects are considered highly competitive so the plan is to proceed and expand the scope of that project. The expanded project would include work on the outside of the building to improve the handicap ramp and parking lot. It is the Fifth Avenue Streetscape and Madison Avenue Traffic signal projects that are problematic. You will recall that I indicated that the site for these projects was located within a census tract that meets the Low/Moderate Income criteria; meaning over 51%of the population living in the entire census tract meets the income requirements. However, when touring the site,the County representative noticed that all but one of the uses along Fifth Avenue is a commercial use. The question raised is,who are the low and moderate income residents served by the project. We did drive through Lester Place. While the homes on the street appear to be those of low and moderate income residents,the street is not in the proper census tract.Therefore,they cannot be counted as beneficiaries of the project. This does seem unreasonable however the CDBG program has always been very income sensitive. When projects cannot clearly identify low and moderate income beneficiaries with the census tract,they tend to rank low in the program. We then toured the other low and moderate income census tract in the Town which includes that area along Palmer Avenue from Weaver Street to Richbell Road and Harmon Drive. The census tract also includes the apartments on Richbell Road. Consideration was given to replacing the playground that was constructed some years ago with CDBG funds behind the Larchmont Acres. The playground was found to be in great condition so that project was eliminated from consideration. Another possibility for CDBG funding is the replacement of sidewalks on Harmon Drive between the Girl Scout House and Revere Road. Coincidentally,the Town in recent weeks has received a complaint about the appearance of Harmon Drive. Upon observation,the sidewalks are in fair and in some cases poor condition. This area is in the low and moderate income census tract and we can show direct benefit to the residents of the area. The amended CDBG proposal would be as follows: 2020 Funding Year: Priority 1: Interior renovations to the Senior Center as originally proposed Priority 2: Sidewalk Replacement- Harmon Drive 2021 Funding Year: Priority 1: Exterior renovations to the Senior Center Parking Lot The proposal is designed this way because the Town was advised that it would be best to apply for funding in each of the two years of the CDBG program rather than file all applications for one year. It provides the County more opportunities to award funds to more communities. The question that arises is,why look for another project for CDBG funding? The CDBG program is not always reliable and the funding levels from year to year can change dramatically depending upon the Federal Budget. In years of tight funding, most of the grants are awarded to communities that have larger low and moderate income populations. For 2020/2021 funding cycle the County received$lmillion more than originally anticipated. Since it is inevitable that the sidewalks on Harmon Drive will need to be replaced in the next five years,we should take advantage of the possible CDBG funding opportunity to defray some of the costs. I would recommend that the Board adopt the amended CDBG proposal. If this is acceptable, we would amend the subject of the grant public hearing on June 19. Stephen V.Altieri Town Administrator -\ ../ Danoy, Anna To: Battalia, Christina Cc: DeMuro, Laura; Wasp, Robert Subject: Documents needed for Community Development Block Grant Funding Application Hello ladies, This grant is due tomorrow. I'm still waiting to hear from Steve to sign off on it,but I will need the following information from you today: 1. For Municipalities: The municipal board members must be notified at a public board meeting of the intent of the municipality to submit an application for funding. Adequate advance notice of the date of the meeting must be given to the public (in accordance with General Municipal Law requirements). The following documentation of the notice and the discussion of the meeting must be included in the application: A. a copy of the public notice with date of publication; B. the agenda for the meeting with projects listed; C. minutes of the meeting where the application was discussed; D. Optional: newspaper clippings regarding the meeting at which the project was discussed; letters of support received by the municipality; Regarding this section,there are two applications. The first is for Senior Center Renovations which includes renovations to the activity room, lobby/foyer,porch ($248,000: $168,200 from CDBG and $86,800 from the Town) and parking lot($250,540:$162,850 from CDBG and$87,690 from the Town). The second is for New Harmon Drive Sidewalk Improvements in the Town of Mamaroneck($312,000:$202,800 from CDBG; $109,200 from the Town) For Municipalities: Each application from a municipality must contain a copy of a resolution from the Board of Trustees or City Council endorsing the submission of the project application, stating the amount of the CDBG request in the application, and stating the amount to be contributed by the municipality for the project. A separate resolution is required for each application. Anna Danoy, MA Director of Community Services, Senior Programs, and Housing Town of Mamaroneck 740 W. Boston Post Road, Rm. 110 Mamaroneck, NY 10543 Phone: 914-381-7840 eFax: 914-294-6549 www.townofmamaroneckny.org 1 rc.,_ _4_ ,,,_ Town of Mamaroneck n From: Tracy Yogman-Town Comptroller MOTION OF SECONDED BY Re: Fire Claims K--- Date: Date: June 19, 2019 UfC LAZ t5/Lit(tCS/ The following Town of Mamaroneck Fire Department claims have been certified by Chief Joseph Russo and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount Scott Parts,Scott Air Pak repair labor charge,Air Compressor System repair,Extinguisher AM Emergency Supply Co. inspection,recharge 20#CO2 fire Extinguisher $ 1,617.30 Bound Tree Medical Supplies $ 1,212.60 CIT Xerox Copier contract-Lease buy-out 5/30/19 $ 890.04 Home Depot Cable&screwdrivers $ 110.82 KVI Embroidery,polos,Port Authority polos $ 988.00 New England Uniform,LLC Uniform accessories,polo shirt $ 99.00 Sound Shore Pest Control Exterminating Services on 5/24/19 $ 65.00 UniFirst Corporation Cleaning Supplies 5/31/19&6/7/19 $ 233.42 Villa Maria Pizza Refreshments for Explorer/New Member Drill 6/5/19 $ 64.37 Westech Elevator Services,Inc. Maintenance for month of June 2019 $ 175.00 WJWW Water Charges 4/26/19-5/25/19 33.05 Total $ 5,488.60 APPROVED BY RESOLUTION OF BOARD OF FIRE COMMISSIONERS DATE 6 i 2a G 4,mo i-d.' / z b -il) o �, Tx, Town of Mamaroneck ; m Town Center / 7' 740 West Boston Post Road, Mamaroneck, NY 10543-3353 FOJNDGD 16c1 TEL: (914) 381-7812 OFFICE OF THE TOWN ADMINISTRATOR FAX: (914) 381-7809 cgreenodonnell@townofrnamaroneckny.org MEMORANDUM IS NOT SUBJECT TO THE FREEDOM OF INFORMATION ACT TO: Stephen Altieri, Town Administrator Nancy Seligson, Town Supervisor i MOTI/F SE O NDED BY Town Board Members `t` I 4C - FROM: Connie Green O'Donnell, Deputy Town dmi rato DATE: June 13, 2019 SUBJECT: Employee #2002 - Supplemental Retirement Benefit Payment Employee #2002 was employed as a Town of Mamaroneck Firefighter for the period July 30, 1995 through May 31, 2012. During his tenure he was promoted to the rank of Lieutenant. In May 2011, due to his health condition, Employee #2002 applied for both New York State (NYS) Accidental Disability benefits and Performance of Duty Disability benefits. In June 2012, the NYS Retirement System denied his application for Accidental Disability and in June 2013 his application for Performance of Duty Disability was denied. In response, Employee #2002 requested a hearing and redetermination of both applications. At the December 2013 hearing, he withdrew his application for Accidental Disability, however, he continued to pursue his application for Performance of Duty Disability, which was ultimately approved in June 2015. The Town received notification of the Hearing Officer's final determination and decision in July 2015 which stated Employee #2002 was approved and his effective date of retirement was June 1, 2012. In August 2016, the employee's spouse, provided the Town with a copy of the letter from the NYS Retirement System, addressed to Employee #2002, notifying him that his Performance of Duty Disability effective June 1, 2012 was approved. The letter also requested that he elect the retirement payment option. This information was needed in order to determine his monthly NYS retirement benefit payment. In accordance with General Municipal Law 207-a (2), if the NYS Retirement System approves a firefighter's application for either of the aforementioned disability benefits, the Town is obligated to compensate the firefighter for the difference of what the firefighter would have received had he/she been actively employed and the retirement benefit. The Town's payment is calculated by determining what his/her monthly salary would have been less the amount of the "single life allowance" monthly retirement benefit, which does not provide a retirement benefit to a beneficiary. The Town's payments continue until such time the firefighter reaches either age 62 or age 70 or dies. The latter age limit applies only to those firefighters who, while actively employed, opt-out of the special retirement plan referred to as 384-d, assuming they had elected that plan. In January 2018, the Town requested and received the benefit information from NYS Retirement needed to calculate the retroactive payment due Employee #2002. However, it was not until the fall of 2018 that Employee #2002 contacted the Town inquiring as to when the payment would be issued. The retroactive payment totaled $324,403.44 for the period June 1, 2012 through October 31, 2018. It should be noted that as of November 1, 2018, Employee #2002 has been receiving the monthly supplemental benefit payments from the Town. I met with Employee #2002 and his spouse in early October 2018 to review the calculation of the retroactive payment and to discuss whether he would be amenable to a payment schedule versus a lump sum payment as stated in the enclosed letter. Employee #2002 decided that his preference was to receive the lump sum payment. The payment was to have been issued at the beginning of the year, however, it was not processed. Recently I spoke with Employee #2002 and advised him that after the Town Board has the opportunity to review the matter, the lump sum payment will be issued. -2.1c; Town of Mamaroneck If , m'% Town Center • • 740 West Boston Post Road, Mamaroneck NY 10543-3353 r�UP:DC Cr 1.1," > TEL: (914) 381-7812 OFFICE OF THE TOWN ADMINISTRATOR FAX: (914) 381-7809 cgreenodonnell@townofmamaroneckny.org October 4, 2018 annimmis 111111111.1.11.11111111. Dear Thank you for taking the time to meet with me yesterday. It was a pleasure to speak with you and Based on the COLA information you provided in the NYSLRS letter, the payment chart (copy enclosed) has been updated accordingly. The chart details the monthly payments due you from the Town for the period June 1, 2012 through October 31, 2018. As indicated, the Town as of the end of October, owes you a total of$324,403.44 which represents the retroactive monthly payments as of the date you were approved for Performance of Duty disability retirement. We appreciate your agreeing to consider receiving scheduled payments, rather than a lump sum. As mentioned, the Fire District's fund balance, is not adequately funded at this time to handle the lump sum payment given it would significantly reduce the surplus. Transferring money from another Town fund would not be a viable option due to the fact it is not permitted by law. As proposed, the Town would be willing to pay you$200,000 as an initial payment and the balance would be paid to you in equal installments for a period of 24 months. This payment would be in addition to your regular monthly payment that you will be receiving from the Town. In the event of your death, the monthly payments would be paid to your designated beneficiary until such time the funds that were due you are paid in full. If you were to agree to this payment arrangement, an agreement would be drafted stipulating the terms of such. Again, we appreciate your considering the aforementioned payment schedule. If you have any questions or would like to further discuss, please do not hesitate to contact me. Best regards, C tl t4 Connie Green O'Donnell Deputy Town Administrator Town of Mamaroneck -Analysis of Pension Adjustment 207a Fire (Performance of Duty) ( J -Lieutenant Firefighter w/ No Option * F.F.A.CONTRACT EFFECTIVE(01/01/2012-12/31/2015) (REVISED 10/04/18 06/01/12-12/31/12: NYS PFRS Monthly Benefit: $4,454.03 effective 06101/2012 annual monthly * PFFA Contract: $97,939.00 $8,161.58 NYS PFRS BENEFIT: $53,448.36 $4,454.03 Town Share: $44,490.64 $3,707.55 Total Town Expense(06/01/12-12/31/12): $25,952.87 01/01/13-12/31/13: , NYS PFRS Monthly Benefit: $4,454.03 effective 06/01/2012 annual monthly * PFFA Contract: $99,653.00 $8,304.42 NYS PFRS BENEFIT: $53,448.36 $4,454.03 Town Share: $46,204.64 $3,850.39 Total Town Expense(01/01/13-12/31/13): $46,204.64 01/01/14-12/31/14: NYS PFRS Monthly Benefit: $4,454.03 effective 06/0112012 annual monthly * PFFA Contract: $101,896.00 $8,491.33 NYS PFRS BENEFIT: $53,448.36 $4,454.03 Town Share: $48,447.64 $4,037.30 Total Town Expense(01/01/14-12/31/14): $48,447.64 01/01/15-12/31/15: NYS PFRS Monthly Benefit: $4,454.03 effective 06/01/2012 annual monthly * PFFA Contract: $104,188.00 $8,682.33 NYS PFRS BENEFIT: $53,448.36 $4,454.03 Town Share: $50,739.64 $4,228.30 Total Town Expense(01/01/15-12/31/15): $50,739.64 Town of Mamaroneck -Analysis of Pension Adjustment 207a Fire (Performance of Duty) -Lieutenant Firefighter w/ No Option *F.F.A.CONTRACT EFFtCTIVE(01/01/2016-12/31/2019) 01/01/16-12/31/16: NYS PFRS Monthly Benefit: $4,454.03 effective 06/01/2012 annual monthly * PFFA Contract: $105,907.00 $8,825.58 NYS PFRS BENEFIT: $53,448.36 $4,454.03 Town Share: $52,458.64 $4,371.55 Total Town Expense(01/01/16-12/31/16): $52,458.64 01/01/17-05/31/17: NYS PFRS Monthly Benefit: $4,454.03 effective 06/01/2012 annual monthly * PFFA Contract: $107,760.00 $8,980.00 NYS PFRS BENEFIT: $53,448.36 $4,454.03 Town Share: $54,311.64 $4,525.97 Total Town Expense(01/01/17-05/31/17): $22,629.85 06/01/17-08/31/17: NYS PFRS Monthly Benefit: $4,469.03 effective 06/01/2017 (C.O.L.A increase of$15.00 eff.06/01/17) annual monthly * PFFA Contract: $107,760.00 $8,980.00 NYS PFRS BENEFIT: $53,628.36 $4,469.03 Town Share: $54,131.64 $4,510.97 Total Town Expense(06/01/17-08/31/17): $13,532.91 09/01/17-12/31/17: NYS PFRS Monthly Benefit: $4,487.03 effective 09/01/2017 (C.O.L.A increase of$18.00 eff.09/01/17) annual monthly * PFFA Contract: $107,760.00 $8,980.00 NYS PFRS BENEFIT: $53,844.36 $4,487.03 Town Share: $53,915.64 $4,492.97 Total Town Expense(09/01/17-12/31/17): $17,971.88 Town of Mamaroneck -Analysis of Pension Adjustment 207a Fire (Performance of Duty) -Lieutenant Firefighter w/ No Option 01/01/18-08/31/18: NYS PFRS Monthly Benefit: $4,487.03 effective 09/01/2017 annual monthly * PFFA Contract: $109,646.00 $9,137.17 NYS PFRS BENEFIT: $53,844.36 $4,487.03 Town Share: $55,801.64 $4,650.14 Total Town Expense(01/01/18-08/31/18): $37,201.09 09/01/18-10/31/18: NYS PFRS Monthly Benefit: $4,505.03 effective 09/01/2018 (C.O.L.A increase of$18.00 eff.09/01/18) annual monthly * PFFA Contract: $109,646.00 $9,137.17 NYS PFRS BENEFIT: $54,060.36 $4,505.03 Town Share: $55,585.64 $4,632.14 Total Town Expense(09/01/18-10/31/18): 59,264.27 ***** Total Retroactive Pymt due: $324.403.44 (06/01/2012-10/31/2018) BOARD OF FIRE COMMISSIONERS ITEMS 2 & 3 Authorization - Retroactive Payment - New York State Disability Retirement Certification of Fire District Bond Referendum These documents will be distributed to you at the Town Board Meeting 6- I0 - $9 CERTIFICATE OF RESULT OF CANVASS OF SPECIAL FIRE DISTRICT ELECTION MAMARONECK FIRE DISTRICT IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY The undersigned, Jennifer Ransom Chairman of the Election, and Elizabeth Paul, Inspector of Election,DO HEREBY CERTIFY AS FOLLOWS: 1) That each of us is a resident taxpayer of Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, and that pursuant to a resolution adopted by the Board of Fire Commissioners of said Fire District on the 5th day of June, 2019, we were appointed to the offices set forth hereinabove for the special election of said Fire District held on the 18th day of June, 2019, between the hours of 3:00 o'clock P.M. and 9:00 o'clock P.M., Prevailing Time, for the purpose of voting upon the following proposition: HEADQUARTERS BUILDING RECONSTRUCTION i BOND RESOLUTION DATED MAY 1, 2019. A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF THE FIRE DISTRICT HEADQUARTERS BUILDING AT 205 WEAVER STREET, IN LARCHMONT, NEW YORK FOR THE MAMARONECK FIRE DISTRICT IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $2,475,000, AND AUTHORIZING THE ISSUANCE OF $2,475,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST THEREOF." Duly adopted by the Board of Fire Commissioners of said Fire District on the 1st day of May, 2019, be duly approved. Y :F Y Y * * Y ., * * 4135-9338-5756.1 2) After the polls had closed for said election, we immediately canvassed the ballots cast. Inspection of such ballots disclosed the following results: Total number of ballots cast: 3q Total number of votes in favor of proposition: Total number of votes against proposition: 1 0 Total number of votes declared void: 3) Upon the completion of such canvass, the Chairman of the election publicly announced the result thereof. 4) A true, correct and complete copy of the official voting ballots used at said special election is attached hereto and made a part hereof. 5) On the 30th day of May, 2019 a meeting of the Inspectors of Election was held at the time and place specified in the Resolution of the Board of Fire Commissioners adopted May 1, 2019. At said meeting a register of all persons entitled to vote in the election was prepared containing the names of all persons residing in said Fire District and qualified to vote in said election whose names were on the registration list certified and supplied to said Fire District by the Westchester County Board of Elections as of a date twenty-three days before the date of said election. All of the votes described above were of voters whose names appear on the register prepared at such meeting. 4135-9338-5756.1 IN WITNESS WHEREOF,we have hereunto set our hands this 18th day of June,2019. Jennifer Ransom Chairman Elizabeth Paul Inspector and Ballot Clerk 4135-9338-5756.1 OFFICIAL BALLOT AUTHORIZATION for the reconstruction of the Fire District Headquarters building at 205 Weaver Street in Larchmont, New York, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith at a maximum estimated cost of $2,475,000, in and for Mamaroneck Fire District in the Town of Mamaroneck, Westchester County, New York, with $2,475,000 bonds authorized to be issued therefor. MAMARONECK FIRE DISTRICT IN THE TOWN I MAMARONECK, WESTCHE R4 : ,NEW YORK fix A'&ø . Christina Batt_1 Fire District Secretary June 18, 2019. 4135-9338-5756.1 INSTRUCTIONS 1) Mark only with a pen having blue or black ink or with a pencil having black lead. 2) To vote"YES"make a cross X mark or a check Al mark in the square opposite the word"YES". 3) To vote"NO"make a cross X mark or a check J mark in the square opposite the word"NO". 4) No other mark than the X mark or the -sl mark may be used for the purpose of voting, and any other mark or writing, or any erasure made on this ballot outside the voting squares or blank spaces provided for voting will void this entire ballot. 5) If you tear,or deface,or wrongly mark this ballot,return it and obtain another. HEADQUARTERS BUILDING RECONSTRUCTION Shall the bond resolution entitled: "BOND RESOLUTION DATED MAY 1, 2019. A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF THE FIRE DISTRICT HEADQUARTERS BUILDING AT 205 WEAVER STREET, IN LARCHMONT, NEW YORK FOR THE MAMARONECK YES FIRE DISTRICT IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $2,475,000 AND AUTHORIZING THE ISSUANCE OF $2,475,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST NO THEREOF, duly adopted by the Board of Fire Commissioners of said Fire District on the 1st day of May,2019,be approved? 4135-9338-5756.1 • CONSTRUCTION MANAGEMENT OWNER'S REPRESENTATIVE CALCI CONSTRUCTION COMPANY, INC. 56 Lafayette Avenue, Suite 350 White Plains, New York 10603 CONSULTING TEL: 914-666-9423 GENERAL CONTRACTING FAX: 914-761-2457 ESTABLISHED 1919 E-MAIL:dchen@calgiconstruction.com www.calgiconstruction.com April 23, 2019 MOTI N SECQNpED BY Mr. Steve Altieri, Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 RE: Town of Mamaroneck Weaver Street Fire Station Renovations Prime Contractors Evaluation & Recommendation CCC Project No. 1806 Dear Mr. Altieri, As part of our pre-construction services for the Town and in preparation of issuing our award recommendation, we have conducted an evaluation of the apparent successful bidder for the Weaver Street Fire Station Renovations project. In performing our evaluation, we typically utilize the "Contractor's Qualification Statement"to conduct telephone interviews of their references along with evaluating their bonding company. Additionally we, along with Smith & Pucillo Architects, interviewed the apparent low bidders on April 23, 2019. The purpose of the interviews was to review their proposals, scope of work, overall understanding of the project goals and their Project Team. Based on our analysis of the bid results and after careful review of the contractors' qualifications, references and interview, our findings and recommendations are listed below, by contract. Attached for your review are the individual companies "Reference/Qualification Forms" and "Bonding Review Forms" that we utilize when reviewing Bidders. The award recommendation is based on both the Base Bids and the Alternates. Be advised that the Alternates have been reviewed and recommended in conjunction with Smith & Pucillo Architects. Celedrating a Century ofConstruction Services Member: Construction Management Association of America Associated General Contractors of America Mr. Steve Altieri April 23, 2019 Page 3 In conclusion, the recommended contract for base bid and alternates total $1,800,000.00. As noted in the above recommendation, we have attached for your review and use the following information: • Bid Tabulation Forms • Bidders Reference/ Qualification Review Schedules by Contract • Review of Bidders' Bonding Companies by Contract We trust that this information will be of use to you in your award of this project. Should you have any questions concerning our review process or our recommendations, please feel free to call. Very truly yours, Calgi Construction Management David Chen Estimator/Project Manager cc: Michael Smith, S&PA Dominic Calgi, CCC • • aillLGI111 CONSTRUCTION MANAGEMENT CALCI CONSTRUCTION COMPANY,INC. OWNER'S REPRESENTATIVE 56 Lafayette Avenue,Suite 350 CONSULTING White Plains,NY 10603 GENERAL CONTRACTING TEL:914-666-9423 Established 1919 Cele6ratingaCentwyofconstructionServices FAX 914-761-2457 E-MAIL:Dchen(gcalgiconstruction.com BID TABULATION Project:Weaver Street Fire Station Renovations Project CONTRACT NO.TA-19-05 Weaver Street Fire Station Client: Town of Mamaroneck Bid Date:Thursday,April 11, 2019 @ 2:00 PM BIDDERS NAME BID SECURITY ADDENDUMS NON BASE BID Alternate No. 1: Alternate No.2:Fire Alarm Alternate No.2: COLLUSIVE Q Resilient Floor Tile System Etching of Glass at Opening#22 Specialty Construction System Inc. ✓ $1,756,000.00 $4,500.00 $36,500.00 $3,000.00 Peter A.Camilli&Sons,Inc. $1,990,580.00 <40,000.00> $1,130.00 Per Device $0.00 Pierotti Corp. $2,020,800.00 $6,500.00 $42,000.00 $2,500.00 .k.�ryAO fi � 9 9 Ir• o Town of Mamaroneck _ri.1)7. ,m Town Center 7 740 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: Authorization-Federal Aid Project Agreement Waverly Avenue Bridge Date: June 14, 2019 The replacement of the Waverly Avenue Bridge has been in the Town's capital project plan for several years. As it turns out, delaying the initiation of the project was to our advantage. The Town Engineer applied for a grant for the replacement of the bridge through the BridgeNY Program. Our grant application was approved, and the Town will receive $1,750,166 in Federal Aid for the project. The grant will fund 95% of the cost of the project including soft cost for design, bidding and construction management. The total estimated project cost is $1,850,000. In order to proceed under the grant program, the Town must adopt a resolution of participation and execute the project agreement. Both documents are attached for • your review. REQUESTED ACTION: that the Town Board adopt the resolution authorizing the execution of the Federal Aid Project Agreement for the replacement of the Waverly Avenue Bridge and further, that the Town Administrator be authorized to execute the Project Agreement. / . Lk— Stephen V. Altieri Town Administrator -‘-, / • .. to Printed on Recycled Paper Authorizing the implementation and funding of the costs of 100% of the costs of a transportation project, which may be eligible for federal-aid and/or state-aid, or reimbursement from Bridge NY funds. WHEREAS, a project for the Waverly Avenue over Sheldrake River Bridge Replacement in the Town of Mamaroneck, Westchester County, P.I.N. 8762.19 ("the Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be born a_t the ratio of 95%federal funds and 5% non-federal funds; and WHEREAS, the Town of Mamaroneck will design, let and construct the Project: and WHEREAS, the Town of Mamaroneck desires to advance the Project by making a commitment of 100%of the costs of the work for the Project or portions thereof. NOW,THEREFORE, the Mamaroneck Town Board duly convened does hereby RESOLVE, that the Mamaroneck Town Board hereby approves the above-subject Project; and it is hereby further RESOLVED, that the Mamaroneck Town Board hereby authorizes the Town of Mamaroneck to pay 100% of the cost of preliminary engineering and right-of-way incidentals work for the Project or portions thereof, with the understanding that qualified costs may be eligible for federal-aid, state- aid, or reimbursement from Bridge NY funds; and it is further RESOLVED that the sum of$249,200 is hereby appropriated from the Town of Mamaroneck Capital Project#2019-62 and made available to cover the cost of participation in the above phase(s) of the • Project; and it is further RESOLVED that the Mamaroneck Town Board hereby agrees that the Town of Mamaroneck shall be responsible for all costs of the Project which exceed the amount of federal-aid, state-aid or NY Bridge funding awarded to the Town of Mamaroneck; and it is further RESOLVED, that in the event the Project costs not covered by federal-aid, state-aid, or New York Bridge funding exceed the amount appropriated above, the Mamaroneck Town Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Town Administrator thereof; and it is further RESOLVED, that the Town of Mamaroneck hereby agrees that construction of the Project shall begin no later than twenty-four(24) months after award and the construction phase of the Project shall be completed within thirty (30) months; and it is further RESOLVED that the Administrator of the Town of Mamaroneck be and is hereby authorized to execute on behalf of the Town of Mamaroneck all necessary agreements, certifications or reimbursement requests for federal-aid and/or state-aid with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the Town of Mamaroneck's funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and it is further • RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the project; and it is further RESOLVED, this Resolution shall take effect immediately. STATE OF NEW YORK ) ) SS COUNTY OF WESTCHESTER ) I, , Clerk of the Town of Mamaroneck, New York, do hereby certify that I have compared the foregoing copy of this Resolution with the original on file in my office, and that the same is a true and correct transcript of said original Resolution and of the whole thereof, as duly adopted by said at a meeting duly called and held at the on by the required and necessary vote of the members to approve the Resolution. WITNESSS My Hand and the Official Seal of the Town of Mamaroneck, New York,this day of , 2019. Clerk,Town of Mamaroneck Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(04/18) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER: 8762.19 BIN: 2225140 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Federal aid Local Project Agreement COMPTROLLER'S CONTRACT NO This Agreement is by and between: the New York State Department of Transportation ("NYSDOT"), having its principal office at 50 Wolf Road, Albany, NY 12232, on behalf of New York State ("State"); and the Town of Mamaroneck (the "Municipality/Sponsor") acting by and through Town Administrator with its office at 740 West Boston Post Road, Mamaroneck, NY 10543. This Agreement covers eligible costs incurred on or after / / This Agreement identifies the party responsible for administration and establishes the method or provision for funding of applicable phases of a Federal aid project for the improvement of a street or highway, not on the State highway system, as such project and phases are more fully described by Schedule A annexed to this Agreement or one or more Supplemental Schedule(s) A to this Agreement as duly executed and approved by the parties hereto. The phases that are potentially the subject of this Agreement, as further enumerated below, are: Preliminary Engineering ("PE") and Right-of-Way Incidental ("ROW Incidentals") work; Right-of-Way Acquisition; Construction; and/or Construction Supervision and Inspection. The Federal aid project shall be identified for the purposes of this Agreement as PIN 8762.19, Waverly Avenue over Sheldrake River Bridge Replacement (BIN 2225140), Town of Mamaroneck, Westchester County (as more specifically described in such Schedule A, the "Project"). WITNESSETH: WHEREAS, the United States has provided for the apportionment of Federal aid funds to the State for the purpose of carrying out Federal aid highway projects pursuant to the appropriate sections of Title 23 U.S. Code as administered by the Federal Highway Administration ("FHWA"); and WHEREAS, the New York State Highway Law authorizes the Commissioner of Transportation (hereinafter referred to as "Commissioner") to use Federal aid available under the Federal aid highway acts and provides for the consent to and approval by the Municipality/Sponsor of any project under the Federal aid highway program which is not on the State highway system before such Project is commenced; and WHEREAS, pursuant to Highway Law §10(34-a) and section 15 of Chapter 329 of the Laws of 1991 as amended by section 9 of Chapter 330 of the Laws of 1991, as further amended by Chapter 57 of the Laws of New York of 2014, the State has established the "Marchiselli" Program, which provides certain State-aid for Federal aid highway projects not on the State highway system; and WHEREAS, funding of the "State share" of projects under the Marchiselli Program is 1 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(04/18) MUNICIPALITY/SPONSOR: town of Mamaroneck PROJECT ID NUMBER: 8762.19 BIN: 2225140 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A administered through the New York State Office of the Comptroller ("State Comptroller"); and WHEREAS, Highway Law §80-b authorizes the funding of eligible costs of Federal aid Municipal/Sponsor streets and highway projects using State-aid and Federal aid; and WHEREAS, project eligibility for Marchiselli Program funds is determined by NYSDOT; and WHEREAS, pursuant to authorizations therefore, NYSDOT and the Municipality/Sponsor are desirous of progressing the Project under the Federal aid and, if applicable, Marchiselli-aid Programs; and WHEREAS, The Legislative Body of the Municipality/Sponsor by Resolution No. adopted at meeting held on approved the Project, the Municipality/Sponsor's entry into this Agreement, has appropriated necessary funds in connection with any applicable Municipal/Sponsor Deposit identified in applicable Schedules A and has further authorized the of the Municipality/Sponsor to execute this Agreement and the applicable Schedule A on behalf of the Municipality/Sponsor and a copy of such Resolution is attached to and made a part of this Agreement (where New York City is the Municipality/Sponsor, such resolution is not required). NOW, THEREFORE, the parties agree as follows: 1. Documents Forming this Agreement. The Agreement consists of the following: • Agreement Form -this document titled "Federal aid Local Project Agreement"; • Schedule "A" - Description of Project Phase, Funding and Deposit Requirements; • Schedule "B" - Phases, Subphase/Tasks, and Allocation of Responsibility • Appendix "A" - New York State Required Contract Provisions • Appendix "A-1"- Supplemental Title VI Provisions (Civil Rights Act) • Appendix "B" - U.S. Government Required Clauses (Only required for agreements with federal funding) • Municipal/Sponsor Resolution(s) - duly adopted Municipal/Sponsor resolution authorizing the appropriate Municipal/Sponsor official to execute this Agreement on behalf of the Municipality/Sponsor and appropriating the funding required therefore. (Where New York City is the Municipality/Sponsor, such resolution is not required). *Note — Resolutions for Bridge NY projects must also include an express commitment by the Municipality/Sponsor that construction shall commence no later than twenty-four(24) months after award, and the project must be completed within thirty(30) months of commencing construction. 2. General Description of Work and Responsibility for Administration and Performance. Subject to the allocations of responsibility for administration and performance thereof as shown in Schedule B (attached), the work of the Project may consist generally of the categories of work marked and described in Schedule B for the scope and phase in effect according to Schedule A or one or more Supplemental Schedule(s) A as may hereafter be executed and approved by the parties hereto as required for a State contract, and any additions or deletions made thereto by NYSDOT subsequent to the development of such Schedule(s) A for the purposes of conforming to New York State or to Federal Highway Administration requirements. The Municipality/Sponsor understands that funding is contingent upon the Municipality/Sponsor's 2 Press F1 to see instructions in blank fields Federal Aid Local Project Agreement(04/18)' MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER: 8762.19 BIN: 2225140 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A compliance with the applicable requirements of the "Procedures for Locally Administered Federal Aid Projects" (available through NYSDOT's web site at https://www.dot.ny qov/plafap, and as such may be amended from time to time. 3. Municipal/Sponsor Deposit. Where the work is performed by consultant or construction contract entered into with NYSDOT, or by NYSDOT forces, and unless the total non-Federal share of the Project phase is under $5,000, the Municipality/Sponsor shall deposit with the State Comptroller, prior to the award of NYSDOT's contract or NYSDOT's performance of work by its own forces, the full amount of the non-Federal share of the Project costs due in accordance with Schedule A. 4. Payment or Reimbursement of Costs. For work performed by NYSDOT, NYSDOT will directly apply Federal aid and the required Municipality/Sponsor Deposit for the non-Federally aided portion, and, if applicable, shall request State Comptroller funding of Marchiselli aid to the Municipality/Sponsor as described below. For work performed by or through the Municipality/Sponsor, NYSDOT will reimburse the Municipality/Sponsor with Federal aid and, if applicable, Marchiselli aid as described below. NYSDOT will periodically make reimbursements upon request and certification by the Sponsor. The frequency of reimbursement requests must be in conformance with that stipulated in the NYSDOT Standard Specifications; Construction and Materials (section 109-06, Contract Payments). NYSDOT recommends that reimbursement requests not be submitted more frequently than monthly for a typical project. In all cases, reimbursement requests must be submitted at least once every six months. 4.1 Federal aid. NYSDOT will administer Federal funds for the benefit of the Municipality/Sponsor for the Federal share and will fund the applicable percentage designated in Schedule A of Federal aid participating costs incurred in connection with the work covered by this Agreement, subject to the limitations set forth on Schedule A. For work performed by or through the Municipality/Sponsor, NYSDOT will reimburse Federal aid-eligible expenditures in accordance with NYSDOT policy and procedures. 4.1.1 Participating Items. NYSDOT shall apply Federal funds only for that work and those items that are eligible for Federal participation under Title 23 of U.S. Code, as amended, that requires Federal aid eligible projects to be located on the Federal Aid Highway System ("FAHS"), except for bridge and safety projects which can be located off the FAHS. Included among the Federal participating items are the actual cost of employee personal services, and leave and fringe benefit additives. Other participating costs include materials and supplies, equipment use charges or other Federal Participating costs directly identifiable with the eligible project. 4.2 Marchiselli Aid (if applicable). NYSDOT will request State Comptroller reimbursement to the Municipality of the upset amount and designated percentage in Schedule A of the non-overmatched non-Federal share of Federal participating cost, (the "State share"), incurred in connection with the work covered by this Agreement, subject to the limitations set forth on Schedule A. Not all Federal aid- eligible participating costs are eligible for Marchiselli aid. Only "Eligible Project Costs" (as defined in Marchiselli Program instructions issued by NYSDOT) incurred after April 1, 1991 are reimbursable. 4.2.1 Marchiselli Eligible Project Costs. To be eligible for Marchiselli Aid, Project costs must: (a) be eligible for Federal participation as described under 4.1 above; (b) be for work which, when completed, has a certifiable service life of at least 10 years; (c) be for work that relates directly and exclusively to a municipally-owned highway, bridge or highway-railroad crossing located off the State Highway System; and (d) be submitted for reimbursement in accordance with 4.2.2. 3 . Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(04/18) MUNICIPALITY/SPONSOR: 'pwn of Mama(ronecic PROJECT ID NUMBER: 8762.19 BIN: 2225140 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A 4.2.2 Marchiselli Reimbursement Requests. A Sponsor's reimbursement requests are restricted to eligible project costs. To be classified as an "eligible project cost", in addition to other requirements of this agreement, the original expenditure must have been paid within the past 15 months in order to comply with Federal Tax Law (26 CFR 1.150-2 (d)(2)(i)) which governs fund disbursements from the issuance of tax-exempt bonds. Hence, expenditures paid greater than 15 months prior to the reimbursement request are ineligible for reimbursement. 4.2.3 Marchiselli Extended Records Retention Requirements. 4.2.3.1 To ensure that NYSDOT meets certain requirements under the Code of Federal Regulations, Part 26, and to ensure that NYSDOT may authorize the use of funds for this project, notwithstanding any other provision of this Contract to the contrary, the Sponsor must retain the following documents in connection with the Projects: a) Documents evidencing the specific assets financed with such proceeds, including but not limited to project costs, and documents evidencing the use and ownership of the property financed with proceeds of the bonds; and b) Documents, if any, evidencing the sale or other disposition of the financed property. 4.2.3.2 The Sponsor covenants to retain those records described above, which are used by the Sponsor in connection with the administration of this Program, for thirty-six (36) years after the date of NYSDOT's final payment of the eligible project cost(s). 4.2.3.3 Failure to maintain such records in a manner that ensures complete access thereto, for the period described above, shall constitute a material breach of the contract and may, at the discretion of NYSDOT, result in loss of funds allocated, or the Sponsor's repayment of funds distributed, to the Sponsor under this agreement. 4.3 In no event shall the State be obligated to fund or reimburse any costs exceeding: (a) the amount stated in Schedule A for the Federal Share; or (b) the amount stated in Schedule A as the State (Marchiselli) share. 4.4 All items included by the Municipality/Sponsor in the record of costs shall be in conformity with accounting procedures acceptable to NYSDOT and the FHWA. Such items shall be subject to audit by the State, the federal government or their representatives. 4.5 If Project-related work is performed by NYSDOT, NYSDOT will be paid for the full costs thereof. To effect such payment, the reimbursement to the Municipality/Sponsor provided for in sections 4.1 and 4.2 above may be reduced by NYSDOT by the amounts thereof in excess of the Municipality/Sponsor Deposit available for such payment to NYSDOT. 4 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(04/18)• MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER: 8762.19 BIN: 2225140 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A 5. Supplemental Agreements and Supplemental Schedule(s) A. Supplemental Agreements or Supplemental Schedule(s) A may be entered into by the parties, and must be executed and approved in the manner required for a State contract. A Supplemental Schedule A is defined as a Supplemental Agreement which revises only the Schedule A of a prior Agreement or Supplemental Agreement. In the event Project cost estimates increase over the amounts provided for in Schedule A, no additional reimbursement shall be due to the Municipality/Sponsor unless the parties enter into a Supplemental Agreement or Supplemental Schedule A for reimbursement of additional Eligible Project Costs. 6. State Recovery of Ineligible Reimbursements. NYSDOT shall be entitled to recover from the Municipality/Sponsor any monies paid to the Municipality/Sponsor pursuant to this Agreement which are subsequently determined to be ineligible for Federal aid or Marchiselli Aid hereunder. 7. Loss of Federal Participation. In the event the Municipality/Sponsor withdraws its approval of the project, suspends or delays work on the Project or takes other action that results in the loss of Federal participation for the costs incurred pursuant to this Agreement, the Municipality/Sponsor shall refund to the State all reimbursements received from the State, and shall reimburse the State for 100% of all preliminary engineering and right-of-way incidental costs incurred by NYSDOT. The State may offset any other State or Federal aid due to the Municipality/Sponsor by such amount and apply such offset to satisfy such refund. 8. Municipal/Sponsor Liability. 8.1 If the Municipality/Sponsor performs work under this Agreement with its own forces, it shall be responsible for all damage to person or property arising from any act or negligence performed by or on behalf of the Municipality/Sponsor, its officers, agents, servants or employees, contractors, subcontractors or others in connection therewith. The Municipality/Sponsor specifically agrees that its agents or employees shall possess the experience, knowledge and character necessary to qualify them individually for the particular duties they perform. 8.2 The Municipality/Sponsor shall indemnify and save harmless the State for all damages and costs arising out of any claims, suits, actions, or proceedings resulting from the negligent performance of work by or on behalf of the Municipality/Sponsor its officers, agents, servants, employees, contractors, subcontractors or others under this Agreement. Negligent performance of service, within the meaning of this section, shall include, in addition to negligence founded upon tort, negligence based upon the Municipality/Sponsor's failure to meet professional standards and resulting in obvious or patent errors in the progression of its work. Additionally, the Municipality/Sponsor shall defend the State in any action arising out of any claims, suits, actions, or proceedings resulting from the negligent performance of work by or on behalf of the Municipality/Sponsor, its officers, agents, servants, employees, contractors, subcontractors or others under this Agreement. 8.3 The Municipality/Sponsor shall at all times during the Contract term remain responsible. The Municipality/Sponsor agrees, if requested by the Commissioner of Transportation or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. 8.4 The Commissioner of Transportation or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or 5 . Press T1.to see instructions in blank fields Federal Aid Local Project Agreement(04/18) MUNICIPALITY/SPONSOR: ;Town of Mamaroneck PROJECT ID NUMBER: 8762.19 BIN: 2225140 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A she discovers information that calls into question the responsibility of the Municipality/Sponsor. In the event of such suspension, the Municipality/Sponsor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Municipality/Sponsor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of Transportation or his or her designee issues a written notice authorizing a resumption of performance under the Contract. 8.5 Upon written notice to the Municipality/Sponsor, and a reasonable opportunity to be heard with appropriate Department of Transportation officials or staff, the Contract may be terminated by the Commissioner of Transportation or his or her designee at the Municipality's/Sponsor's expense where the Municipality/Sponsor is determined by the Commissioner of Transportation or his or her designee to be non-responsible. In such event, the Commissioner of Transportation or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. 9. Maintenance. The Municipality/Sponsor shall be responsible for the maintenance of the project at the sole cost and expense of the Municipality/Sponsor. If the Municipality/Sponsor intends to have the project maintained by another, any necessary maintenance agreement will be executed and submitted to NYSDOT before construction of the Project is begun. Upon its completion, the Municipality/Sponsor will operate and maintain the Project at no expense to NYSDOT; and during the useful life of the Project, the Municipality/Sponsor shall not discontinue operation and maintenance of the Project, nor dispose of the Project, unless it receives prior written approval to do so from NYSDOT. 9.1 The Municipality/Sponsor may request such approved disposition from NYSDOT where the Municipality/Sponsor either causes the purchaser or transferee to assume the Municipality/Sponsor's continuing obligations under this Agreement, or agrees immediately to reimburse NYSDOT for the pro-rata share of the funds received for the project, plus any direct costs incurred by NYSDOT, over the remaining useful life of the Project. 9.2 If a Municipality/Sponsor fails to obtain prior written approval from NYSDOT before discontinuing operation and maintenance of the Project or before disposing of the project, in addition to the costs provided, above in 9.1, Municipality/Sponsor shall be liable for liquidated damages for indirect costs incurred by NYSDOT in the amount of 5% of the total Federal and non-Federal funding provided through NYSDOT. 9.3 For NYSDOT-administered projects, NYSDOT is responsible for maintenance only during the NYSDOT administered construction phase. Upon completion of the construction phase, the Municipality/Sponsor's maintenance obligations start or resume. 10. Independent Contractor. The officers and employees of the Municipality/Sponsor, in accordance with the status of the Municipality/Sponsor as an independent contractor, covenant and agree that they will conduct themselves consistent with such status, that they will neither hold themselves out as, nor claim to be, an officer or employee of the State by reason hereof, and that they will not by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the State, including, but not limited to, Workers Compensation coverage, Unemployment Insurance benefits, Social Security or Retirement membership or credit. 11. Contract Executory; Required Federal Authorization. It is understood by and between the parties 6 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(04/18) MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER: 8762.19 BIN: 2225140 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A hereto that this Agreement shall be deemed executory only to the extent of the monies available to the State and no liability on account thereof shall be incurred by the State beyond monies available for the purposes hereof. No phase of work for the project shall be commenced unless and until NYSDOT receives authorization from the Federal government. 12. Assignment or Other Disposition of Agreement. The Municipality/Sponsor agrees not to assign, transfer, convey, sublet or otherwise dispose of this Agreement or any part thereof, or of its right, title or interest therein, or its power to execute such Agreement to any person, company or corporation without previous consent in writing of the Commissioner. 13. Term of Agreement. As to the Project and phase(s) described in the Schedule A executed herewith, the term of this Agreement shall begin on the date of this Agreement as first above written. This Agreement shall remain in effect so long as Federal aid and Marchiselli-aid funding authorizations are in effect and funds are made available pursuant to the laws controlling such authorizations and availabilities. However, if such authorizations or availabilities lapse and are not renewed, continued or reenacted, as to funds encumbered or available and to the extent of such encumbrances or availabilities, this Agreement shall remain in effect for the duration of such encumbrances or availabilities. Although the liquidity of encumbrances or the availability of funds may be affected by budgetary hiatuses, a Federal or State budgetary hiatus will not by itself be construed to cause a lapse in this Agreement provided any necessary Federal or State appropriations or other funding authorizations therefore are eventually enacted. 13.1 Time is of the essence (Bridge NY Projects). The Municipality/Sponsor understands and agrees that construction of Bridge NY Projects shall commence no later than twenty-four (24) months after award, and the project must be completed within thirty (30) months of commencing construction. 14. NYSDOT Obligations. NYSDOT's responsibilities and obligations are as specifically set forth in this contract, and neither NYSDOT nor any of its officers or employees shall be responsible or liable, nor shall the Municipality/Sponsor assert, make or join in any claim or demand against NYSDOT, its officers or employees, for any damages or other relief based on any alleged failure of NYSDOT, its officers or employees, to undertake or perform any act, or for undertaking or performing any act, which is not specifically required or prohibited by this Agreement. 15. Offset Rights. In addition to any and all set-off rights provided to the State in the attached and incorporated Appendix A, Standard Clauses for New York Contracts, NYSDOT shall be entitled to recover and offset from the Municipality/Sponsor any ineligible reimbursements and any direct or indirect costs to the State as to paragraph 6 above, as well as any direct or indirect costs incurred by the State for any breach of the term of this agreement, including, but not limited to, the useful life requirements in paragraph 9 above. At its sole discretion NYSDOT shall have the option to permanently withhold and offset such direct and indirect cost against any monies due to the Municipality/Sponsor from the State of New York for any other reason, from any other source, including but not limited to, any other Federal or State Local Project Funding, and/or any Consolidated Highway and Local Street Improvement Program (CHIPS) funds 16. Reporting Requirements. The Municipality/Sponsor agrees to comply with and submit to NYSDOT in a timely manner all applicable reports required under the provisions of this Agreement and the Procedures for Locally Administered Federal aid Projects manual and in accordance with current Federal and State laws, rules, and regulations. 7 • Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(04/18) MUNICIPALITY/SPONSOR: .`:Town of Mamaroneck PROJECT ID NUMBER: 8762.19 BIN: 2225140 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A 17. Notice Requirements. 17.1 All notices permitted or required hereunder shall be in writing and shall be transmitted: (a) Via certified or registered United States mail, return receipt requested; (b) By facsimile transmission; (c) By personal delivery; (d) By expedited delivery service; or (e) By e-mail. Such notices shall be address as follows or to such different addresses as the parties may from time-to- time designate: New York State Department of Transportation (NYSDOT) Name: Orietta V. Trocard Title: Regional Local Projects Liaison Address: 4 Burnett Boulevard, Poughkeepsie, NY 12603 Telephone Number: 845-431-5811 Facsimile Number: 845-431-5988 E-Mail Address: orietta.trocard(d4ot.nv.gov/mars hall.gioiaaslot.nv.qov JMunicipality/Sponsor] Town of Mamaroneck Name: Stephen Altieri/Robert Wasp, P.E. Title: Town Administrator/Town Engineer Address: 740 West Boston Post Road, Mamaroneck, NY 10543 Telephone Number: 914-381-7835 Facsimile Number: 914-381-8473 E-Mail Address: saltieriatownofmamaroneckny.org/rwasp(d townofmamaronecknv.orq 17.2 Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States Mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or email, upon receipt. The parties may, from time to time, specify any new or different address in the United States as their address for purpose of receiving notice under this Agreement by giving fifteen (15) days written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may be designated in writing by the parties for purposes of implementation and administration/billing, resolving issues and problems and/or for dispute resolution. 18. Electronic Contract Payments. Municipality/Sponsor shall provide complete and accurate supporting documentation of eligible local expenditures as required by this Agreement, NYSDOT and the State Comptroller. Following NYSDOT approval of such supporting documentation, payment for invoices submitted by the Municipality/Sponsor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner's sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State procedures and practices. The contracting local Municipality/Sponsor shall comply with the State Comptroller's procedures for all Federal and applicable State Aid to authorize electronic payments. 8 Press Fl to see instructions in blank fields Federal Aid Local Project Agreement(04/18) • MUNICIPALITY/SPONSOR: Town of Mamaroneck PROJECT ID NUMBER: 8762.19 BIN: 2225140 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A Authorization forms are available on the State Comptroller's website at www.osc.state.ny.us/epay/index.htm or by email at epunitosc.state.ny us. When applicable to State Marchiselli and other State reimbursement by the State Comptroller, registration forms and instructions can be found at the NYSDOT Electronic Payment Guidelines website. The Municipality/Sponsor herein acknowledges that it will not receive payment on any invoices submitted under this agreement if it does not comply with the applicable State Comptroller and/or NYS State Comptroller's electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. 19. Compliance with Legal Requirements. Municipality/Sponsor must comply with all applicable federal, state and local laws, rules and regulations, including but not limited to the following: 19.1 Title 49 of the Code of Federal Regulations Part 26 (49 CFR 26), Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs; Title 23 Code of Federal Regulations Part 230 (23 CFR 230), External Programs; and, Title 41 of the Code of Federal Regulations Part 60 Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, including the requirements thereunder related to utilization goals for contracting opportunities for disadvantaged business enterprises (DBEs) and equal employment opportunity. 19.1.1 If the Municipality/Sponsor fails to monitor and administer contracts funded in whole or in part in accordance with Federal requirements, the Municipality/Sponsor will not be reimbursed for ineligible activities within the affected contracts. The Municipality/Sponsor must ensure that the prime contractor has a Disadvantaged Business Enterprise (DBE) Utilization Plan and complies with such plan. If, without prior written approval by NYSDOT, the Municipality/Sponsor's contractors and subcontractors fail to complete work for the project as proposed in the DBE Schedule of Utilization, NYSDOT at its discretion may (1) cancel, terminate or suspend this agreement or such portion of this agreement or (2) assess liquidated damages in an amount of up to 20% of the pro rata share of the Municipality/Sponsor's contracts and subcontracts funded in whole or in part by this agreement for which contract goals have been established. 19.2 New York State Environmental Law, Article 6, the State Smart Growth Public Infrastructure Policy Act, including providing true, timely and accurate information relating to the project to ensure compliance with the Act. 19.3 28 CFR 35.105, which requires a Municipality/Sponsor employing 50 or more persons to prepare a Transition Plan addressing compliance with the Americans with Disabilities Act (ADA). 20. Compliance with Procedural Requirements. The Municipality/Sponsor understands that funding is contingent upon the Municipality/Sponsor's compliance with the applicable requirements of the Procedures for Locally Administered Federal Aid Projects (PLAFAP) manual, which, as such, may be amended from time to time. Locally administered Federal aid transportation projects must be constructed in accordance with the current version of NYSDOT Standard Specifications; Construction and Materials, including any and all modifications to the Standard Specifications issued by the Engineering Information Issuance System, and NYSDOT-approved Special Specifications for general use. (Cities with a population of 3 million or more may pursue approval of their own construction specifications and procedures on a project by project basis). 9 . •PressFl to see instructions in blank fields Federal Aid Local Project Agreement(04/18) MUNICIPALITY/SPONSOR: "Town of Mamaroneck PROJECT ID NUMBER: 8762.19 BIN: 2225140 CFDA NUMBER: 20.205 PHASE: PER SCHEDULES A IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officials as of the date first above written. MUNICIPALITY/SPONSOR: MUNICIPALITY/SPONSOR ATTORNEY: By: By: Print Name: Print Name: Title: STATE OF NEW YORK ) )ss.: COUNTY OF WESTCHESTER On this day of , 20_ before me personally came to me known, who, being by me duly sworn did depose and say that he/she resides at ; that he/she is the of the Municipal/Sponsor Corporation described in and which executed the above instrument; (except New York City) that it was executed by order of the of said Municipal/Sponsor Corporation pursuant to a resolution which was duly adopted on and which a certified copy is attached and made a part hereof; and that he/she signed his name thereto by like order. Notary Public APPROVED FOR NYSDOT: APPROVED AS TO FORM: STATE OF NEW YORK ATTORNEY GENERAL By: For Commissioner of Transportation By: Assistant Attorney General Agency Certification: In addition to the acceptance of this contract I also certify that COMPTROLLER'S APPROVAL: original copies of this signature page will be attached to all other exact copies of this contract. Date: By: For the New York State Comptroller Pursuant to State Finance Law §112 10 Press F1 to read instructions in blank fields Page 1 of SCHEDULE A- Description of Project Phase, Funding and Deposit Requirements NYSDOT/State-Local Agreement-Schedule A for PIN 8762.19 Contract Start Date: / / (mm/dd/yyyy) Contract End Date: 3/31/2024(mnvdd/,.,.y,,) OSC Municipal Contract#: ❑ Check,if date changed from the last Sche c Purpose: ® Original Standard Agreement ❑ Supplemental Schedule A No. Agreement ® Locally Administered Municipality/Sponsor (Contract Payee): Town of Mamaroneck Type: Other Municipality/Sponsor (if applicable): ❑ State Administered List participating Municipality(ies) and the % of cost share for each and indicate by checkbox which Municipality this Schedule A applies. ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share ❑ Municipality: % of Cost share Authorized Project Phase(s) to which this Schedule applies: ® PE/Design ® ROW Incidentals ❑ ROW Acquisition ❑ Construction/CI/CS Work Type: BR REPLACE County (If different from Municipality): Westchester County Marchiselli Eligible ❑Yes ® No (Check,if Project Description has changed from last Schedule A): ❑ Project Description: Waverly Avenue over Sheldrake River Bridge Replacement(BIN 2225140), Town of Mamaroneck, Westchester County Marchiselli Allocations Approved FOR All PHASES All totals will calculate automatically. Check box to indicate Project Phase change from last State Fiscal Year(s) TOTAL Schedule A PE/Design ROW(RI& RA) Construction/CI/CS 0 Cumulative total for all prior SFYs $0.00 $0.00 $0.00 $ 0.00 0 Current SFY $0.00 $0.00 $0.00 $ 0.00 Authorized Allocations to Date $ 0.00 $ 0.00 $ 0.00 $ ) A. Summary of allocated MARCHISELLI Program Costs FOR ALL PHASES For each PIN Fiscal Share below, show current costs on the rows indicated as"Current.". Show the old costs from the previous Schedule A on the row indicated as"Old." All totals will calculate automatically. LOCAL PIN "Current" or .Federal FEDERAL STATE LOCAL DEPOSIT "Old"entry Total Costs Participating MARCHISELLI Matching AMOUNT Fiscal Share indicator Funding Share Match Share (Required only if State • Administered) _Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ $0.00 4D.VVO $0.00 SOA.) Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ $0.00 $O.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 • Old $ $0.00 $O.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ $0.00 $0.00 $0:00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $ $0.00 $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 $0.00 Old $0.0.0 u'0 $( 0 n 20 I TOTAL CURRENT COSTS: $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 scneauie A(5/18) ' Press Fl to read instructions in blank fields Page 2 of 3 NYSDOT/State-Local Agreement-Schedule A B. Summary of Other (including Non-allocated MARCHISELLI) Participating Costs FOR ALL ILIASES For each PIN Fiscal Share,show current costs on the rows indicated as"Current". Show the old costs from the previous Schedule A on the row icated as"Old." All totals will calculate automatically. `Current' Other PIN Fiscal or Jld I Funding Source TOTAL Other FEDERAL Other STATE Other LOCAL eShares indicator 8762.19.121 Current STP $175,000.00 $166,250.00 $0.00 $8,750.00 Old $ $0.00 $0.00 $0.00 8762.19.221 Current STP $25,000.00 $23,750.00 $0.00 $1,250.00 Old $ $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 . • Old $ SO 00 $0 00 50.00 Current $ 0.00 $0.00 $0.00 $0.00 Old $ S0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 Old $ $0.00 $0.00 S0.00 Current $ 0.00 $0.00 $0.00 $0.00 Old $ $0.00 $0.00 S0.00 Current $ 0.00 $0.00 $0.00 $0.00 Old $ $0.00 $0.00 $0.00 Current $ 0.00 $0.00 $0.00 $0.00 Old $ $0.00 $0.00 $0.00 TOTAL CURRENT COSTS: $200,000.00 $190,000.00 $ 0.00 $10,000.00 C. Local Deposit(s) from Section A: $ 0.00 Additional Local Deposit(s) $ Total Local Deposit(s) $ 0.00 D. Total Project Costs All totals will calculate automatically. Total STATE Total Total FEDERAL Total OTHER Total LOCAL Cost MARCHISELLI STATE Cost Cost ALL SOURCES Cost Cost $190,000.00 $ 0.00 $ 0.00 $10,000.00 $200,000.00 I - Point of Contact for Questions Regarding this Name: Marshall Gioia Schedule A (Must be completed) Phone No: 845-431-5804 See Agreement(or Supplemental Agreement Cover) for required contract signatures. Jcneaute H(5/16) Press F1 to read instructions in blank fields Page.3 of NYSDOT/State-Local Agreement—Schedule A Footnotes: (See LPB's website for link to sample footnotes) • Project description cont'd: Replace the existing bridge by widening the bridge span opening from +/- 25 feet tc approximately 33 feet consistent with hydraulic analysis recommendations in the Army Corp study. Improvec alignment of the replacement bridge with adjoining roadways is intended to be evaluated to correct the existinc shift in the roadway. • This project is funded through the Bridge NY program, with 95% Federal Aid reimbursement not to exceec $1,750,166. • Projects must begin construction no later than 24 months after award; award is defined as approved State-Local Agreement (SLA) by the NYS Office of the State Comptroller. The Project Sponsor must expeditiously progress their execution of the State-Local Agreement. • Projects must be fully completed within 30 months of commencing construction; construction is defined as an award to a contractor or commencement of work by municipal forces. Therefore, Sponsors are strongly encouraged to have projects substantially complete within 24 months of commencing construction. • This Schedule A includes the preliminary engineering and right-of-way incidentals phases and funds. • • • • • • PIN 8762.19; 4/04/2019mg SCHEDULE B: Phases, Sub-phase/Tasks, and Allocation of Responsibility Instructions: Identify the responsibility for each applicable Sub-phase task by entering X in either the NYSDOT column to allocate the task to State labor forces or a State Contract, or in the Sponsor column indicating non-State labor forces or a locally administered contract. Al. Preliminary Engineering("PE") Phase Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Scoping: Prepare and distribute all required project reports, including an ❑ Expanded Project Proposal (EPP) or Scoping Summary Memorandum (SSM), as appropriate. 2. Perform data collection and analysis for design, including traffic counts ❑ El and forecasts, accident data, Smart Growth checklist, land use and development analysis and forecasts. 3. Smart Growth Attestation (NYSDOT ONLY). ® ❑ 4. Preliminary Design: Prepare and distribute Design Report/Design ❑ Approval Document (DAD), including environmental analysis/assessments, and other reports required to demonstrate the completion of specific design sub-phases or tasks and/or to secure the approval/authorization to proceed. 5. Review and Circulate all project reports, plans, and other project data to ❑ obtain the necessary review, approval, and/or other input and actions required of other NYSDOT units and external agencies. 6. Obtain aerial photography and photogrammetric mapping. ❑ 7. Perform all surveys for mapping and design. ❑ 8. Detailed Design: Perform all project design, including preparation of ❑ plan sheets, cross-sections, profiles, detail sheets, specialty items, shop drawings, and other items required in accordance with the Highway Design Manual, including all Highway Design, including pavement evaluations, including taking and analyzing cores; design of Pavement mixes and applications procedures; preparation of bridge site data package, if necessary, and all Structural Design, including hydraulic analyses, if necessary, foundation design, and all design of highway appurtenances and systems [e.g., Signals, Intelligent Transportation System (ITS) facilities], and maintenance protection of traffic plans. Federal Railroad Administration (FRA) criteria will apply to rail work. 9. Perform landscape design (including erosion control). ❑ 10. Design environmental mitigation, where appropriate, in connection with: ❑ Noise readings, projections, air quality monitoring, emissions projections, hazardous waste, asbestos, determination of need of cultural resources survey. Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 11. Prepare demolition contracts, utility relocation plans/contracts, and any ❑ other plans and/or contract documents required to advance, separate, any portions of the project which may be more appropriately progressed separately and independently. 12. Compile PS&E package, including all plans, proposals, specifications, estimates, notes, special contract requirements, and any other contract documents necessary to advance the project to construction. 13. Conduct any required soils and other geological investigations. ❑ 14. Obtain utility information, including identifying the locations and types of ❑ utilities within the project area, the ownership of these utilities, and prepare utility relocations plans and agreements, including completion of Form HC-140, titled Preliminary Utility Work Agreement. 15. Determine the need and apply for any required permits, including U.S. ❑ Coast Guard, U.S. Army Corps of Engineers, Wetlands (including identification and delineation of wetlands), SPDES, NYSDOT Highway Work Permits, and any permits or other approvals required to comply with local laws, such as zoning ordinances, historic districts, tax assessment and special districts. 16. Prepare and execute any required agreements, including: ❑ - Railroad force account - Maintenance agreements for sidewalks, lighting, signals, betterments - Betterment Agreements - Utility Work Agreements for any necessary Utility Relocations of Privately owned Utilities 17. Provide overall supervision/oversight of design to assure conformity with Federal and State design standards or conditions, including final approval of PS&E (Contract Bid Documents) by NYSDOT. A2. Right-of-Way (ROW) Incidentals Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Prepare ARM or other mapping, showing preliminary taking lines. ❑ 2. ROW mapping and any necessary ROW relocation plans. ❑ 3. Obtain abstracts of title and certify those having an interest in ROW to U be acquired. 4. Secure Appraisals. ❑ 5. Perform Appraisal Review ancl establish an amount representing just ❑ compensation. Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 6. Determination of exemption from public hearing that is otherwise ❑ required by the Eminent Domain Procedure Law, including de minimis determination, as may be applicable. If NYSDOT is responsible for acquiring the right-of-way, this determination may be performed by NYSDOT only if NYSDOT is responsible for the Preliminary Engineering Phase under Phase Al of this Schedule B. 7. Conduct any public hearings and/or informational meetings as may be ❑ IZI required by the Eminent Domain Procedures Law, including the provision of stenographic services, preparation and distribution of transcripts, and response to issues raised at such meetings. B. Right-of-Way (ROW)Acquisition Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Perform all Right-of-Way (ROW) Acquisition work, including ❑ negotiations with property owners, acquisition of properties and accompanying legal work, payments to and/or deposits on behalf of property owners; Prepare, publish, and pay for any required legal notices; and all other actions necessary to secure title to, possession of, and entry to required properties. If NYSDOT is to acquire property, including property described as an uneconomic remainder, on behalf of the Municipality/Sponsor, the Municipality/Sponsor agrees to accept and take title to any and all permanent property rights so acquired which form a part of the completed Project. 2. Provide required relocation assistance, including payment of moving ❑ expenses, replacement supplements, mortgage interest differentials, closing costs, mortgage prepayment fees. 3. Conduct eminent domain proceedings, court and any other legal ❑ actions required to acquire properties. 4. Monitor all ROW Acquisition work and activities, including review and ❑ processing of payments of property owners. 5. Provide official certification that all right-of-way required for the ❑ construction has been acquired in compliance with applicable Federal, State or Local requirements and is available for use and/or making projections of when such property(ies) will be available if such properties are not in hand at the time of contract award. 6. Conduct any property management activities, including establishment ❑ and collecting rents, building maintenance and repairs, and any other activities necessary to sustain properties and/or tenants until the sites are vacated, demolished, or otherwise used for the construction project. 7. Subsequent to completion of the Project, conduct ongoing property ❑ management activities in a manner consistent with applicable Federal, State and Local requirements including, as applicable, the development of any ancillary uses, establishment and collection of rent, property maintenance and any other related activities. C. Construction, Construction Support(C/S) and Construction Inspection (C/I) Phase Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 1. Advertise contract lettings and distribute contract documents to ❑ prospective bidders. 2. Conduct all contract lettings, including receipt, opening, and analysis of ❑ bids, evaluation/certification of bidders, notification of rejected bids/bidders, and awarding of the construction contract(s). 3. Receive and process bid deposits and verify any bidder's insurance and ❑ bond coverage that may be required. 4. Compile and submit Contract Award Documentation Package. ❑ 5. Review/approve any proposed subcontractors, vendors, or suppliers. ❑ 6. Conduct and control all construction activities in accordance with the ❑ plans and proposal for the project. Maintain accurate, up-to-date project records and files, including all diaries and logs, to provide a detailed chronology of project construction activities. Procure or provide all materials, supplies and labor for the performance of the work on the project, and insure that the proper materials, equipment, human resources, methods and procedures are used. 7a. For non-NHS or non-State Highway System Projects: Test and accept ❑ ❑ materials, including review and approval for any requests for substitutions. 7b. For NHS or State Highway System Projects: Inspection and approval of materials such as bituminous concrete, Portland cement concrete, ❑ ❑ structural steel, concrete structural elements and/or their components to be used in a federal aid project will be performed by, and according to the requirements of NYSDOT. The Municipality/Sponsor shall make or require provision for such materials inspection in any contract or subcontract that includes materials that are subject to inspection and approval in accordance with the applicable NYSDOT design and construction standards associated with the federal aid project. 7c. For projects that fall under both 7a and 7b above, check boxes for each. 8. Design and/or re-design the project or any portion of the project that ❑ El may be required because of conditions encountered during construction. 9. Administer construction contract, including the review and approval of ❑ all contactor requests for payment, orders-on-contract, force account work, extensions of time, exceptions to the plans and specifications, substitutions or equivalents, and special specifications. 10. Review and approve all shop drawings, fabrication details, and other ❑ details of structural work. 11.Administer all construction contract claims, disputes or litigation. ❑ Phase/Sub-phase/Task Responsibility: NYSDOT Sponsor 12. Perform final inspection of the complete work to determine and verify final quantities, prices, and compliance with plans specifications, and such other construction engineering supervision and inspection work necessary to conform to Municipal, State and FHWA requirements, including the final acceptance of the project by NYSDOT. 13. Pursuant to Federal Regulation 49 CFR 18.42(e)(1) The awarding agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of grantees and subgrantees which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. January 2014 STANDARD MANSES FOR NYS CONTRACTS 'PPM(A . TABLE OF CONTENTS Page 1. Executory Clause 3 2. Non-Assignment Clause 3 3. Comptroller's Approval 3 4. Workers' Compensation Benefits 3 5. Non-Discrimination Requirements 3 6. Wage and Hours Provisions 3 7. Non-Collusive Bidding Certification 4 8. International Boycott Prohibition 4 9. Set-Off Rights 4 10. Records 4 11. Identifying Information and Privacy Notification 4 12. Equal Employment Opportunities For Minorities and Women 4-5 13. Conflicting Terms 5 14. Governing Law 5 15. Late Payment 5 16. No Arbitration 5 17. Service of Process 5 18. Prohibition on Purchase of Tropical Hardwoods 5-6 19. MacBride Fair Employment Principles 6 20. Omnibus Procurement Act of 1992 6 21. Reciprocity and Sanctions Provisions 6 22. Compliance with New York State Information Security Breach and Notification Act 6 23. Compliance with Consultant Disclosure Law 6 24. Procurement Lobbying 7 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7 State Contractors,Affiliates and Subcontractors 26. Iran Divestment Act 7 Page 2 January 2014 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX* STANDARD CLAUSES FOR NYS CONTRACTS 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this The parties to the attached contract,license, lease,amendment contract shall be void and of no force and effect unless the or other agreement of any kind (hereinafter, "the contract" or Contractor shall provide and maintain coverage during the life "this contract") agree to be bound by the following clauses of this contract for the benefit of such employees as are which are hereby made a part of the contract (the word required to be covered by the provisions of the Workers' "Contractor" herein refers to any party other than the State, Compensation Law. whether a contractor, licenser, licensee, lessor, lessee or any other party): 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also 1. EXECUTORY CLAUSE. In accordance with Section 41 known as the Human Rights Law) and all other State and of the State Finance Law, the State shall have no liability Federal statutory and constitutional non-discrimination under this contract to the Contractor or to anyone else beyond provisions, the Contractor will not discriminate against any funds appropriated and available for this contract. employee or applicant for employment because of race,creed, color, sex (including gender identity or expression), national 2. NON-ASSIGNMENT CLAUSE. In accordance with origin, sexual orientation, military status, age, disability, Section 138 of the State Finance Law,this contract may not be predisposing genetic characteristics,marital status or domestic assigned by the Contractor or its right, title or interest therein violence victim status. Furthermore, in accordance with assigned, transferred, conveyed, sublet or otherwise disposed Section 220-e of the Labor Law, if this is a contract for the of without the State's previous written consent, and attempts construction, alteration or repair of any public building or to do so are null and void. Notwithstanding the foregoing, public work or for the manufacture, sale or distribution of such prior written consent of an assignment of a contract let materials, equipment or supplies, and to the extent that this pursuant to Article XI of the State Finance Law may be contract shall be performed within the State of New York, waived at the discretion of the contracting agency and with the Contractor agrees that neither it nor its subcontractors shall,by concurrence of the State Comptroller where the original reason of race, creed, color, disability, sex, or national origin: contract was subject to the State Comptroller's approval, (a) discriminate in hiring against any New York State citizen where the assignment is due to a reorganization, merger or who is qualified and available to perform the work; or (b) onsolidation of the Contractor's business entity or enterprise. discriminate against or intimidate any employee hired for the 'he State retains its right to approve an assignment and to performance of work under this contract. If this is a building require that any Contractor demonstrate its responsibility to do service contract as defined in Section 230 of the Labor Law, business with the State. The Contractor may, however,assign then, in accordance with Section 239 thereof, Contractor its right to receive payments without the State's prior written agrees that neither it nor its subcontractors shall by reason of consent unless this contract concerns Certificates of race, creed, color, national origin, age, sex or disability: (a) Participation pursuant to Article 5-A of the State Finance Law. discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) 3. COMPTROLLER'S APPROVAL. In accordance with discriminate against or intimidate any employee hired for the Section 112 of the State Finance Law (or, if this contract is performance of work under this contract. Contractor is subject with the State University or City University of New York, to fines of $50.00 per person per day for any violation of Section 355 or Section 6218 of the Education Law), if this Section 220-e or Section 239 as well as possible termination contract exceeds $50,000 (or the minimum thresholds agreed of this contract and forfeiture of all moneys due hereunder for to by the Office of the State Comptroller for certain S.U.N.Y. a second or subsequent violation. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said 6. WAGE AND HOURS PROVISIONS. If this is a public statutory amount, or if, by this contract, the State agrees to work contract covered by Article 8 of the Labor Law or a give something other than money when the value or building service contract covered by Article 9 thereof,neither reasonably estimated value of such consideration exceeds Contractor's employees nor the employees of its $10,000, it shall not be valid, effective or binding upon the subcontractors may be required or permitted to work more State until it has been approved by the State Comptroller and than the number of hours or days stated in said statutes,except filed in his office. Comptroller's approval of contracts let by as otherwise provided in the Labor Law and as set forth in the Office of General Services is required when such contracts prevailing wage and supplement schedules issued by the State exceed $85,000 (State Finance Law Section 163.6-a). Labor Department. Furthermore, Contractor and its However, such pre-approval shall not be required for any subcontractors must pay at least the prevailing wage rate and contract established as a centralized contract through the pay or provide the prevailing supplements, including the Office of General Services or for a purchase order or other premium rates for overtime pay, as determined by the State `ransaction issued under such centralized contract. Labor Department in accordance with the Labor Law. Additionally, effective April 28,2008, if this is a public work contract covered by Article 8 of the Labor Law,the Contractor Page 3 January 2014 STANDARD CIAUSES FOR NYS CONTRACTS APPENDIX A understands and agrees that the filing of payrolls in a manner thereafter. The State Comptroller, the Attorney General and consistent with Subdivision 3-a of Section 220 of the Labor any other person or entity authorized to conduct Law shall be a condition precedent to payment by the State of examination,as well as the agency or agencies involved in tl any State approved sums due and owing for work done upon contract, shall have access to the Records during normal the project. business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually 7. NON-COLLUSIVE BIDDING CERTIFICATION. In agreeable and reasonable venue within the State, for the term accordance with Section 139-d of the State Finance Law, if specified above for the purposes of inspection, auditing and this contract was awarded based upon the submission of bids, copying. The State shall take reasonable steps to protect from Contractor affirms, under penalty of perjury, that its bid was public disclosure any of the Records which are exempt from arrived at independently and without collusion aimed at disclosure under Section 87 of the Public Officers Law (the restricting competition. Contractor further affirms that, at the "Statute")provided that: (i)the Contractor shall timely inform time Contractor submitted its bid, an authorized and an appropriate State official, in writing, that said records responsible person executed and delivered to the State a non- should not be disclosed; and (ii) said records shall be collusive bidding certification on Contractor's behalf. sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained 8. INTERNATIONAL BOYCOTT PROHIBITION. In herein shall diminish, or in any way adversely affect, the accordance with Section 220-f of the Labor Law and Section State's right to discovery in any pending or future litigation. 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the 11. IDENTIFYING INFORMATION AND PRIVACY contract, that neither the Contractor nor any substantially NOTIFICATION. (a) Identification Number(s). Every owned or affiliated person, firm, partnership or corporation invoice or New York State Claim for Payment submitted to a has participated, is participating, or shall participate in an New York State agency by a payee,for payment for the sale of international boycott in violation of the federal Export goods or services or for transactions (e.g., leases, easements, Administration Act of 1979 (50 USC App. Sections 2401 et licenses,etc.)related to real or personal property must include seq.) or regulations thereunder. If such Contractor, or any of the payee's identification number. The number is any or all of the aforesaid affiliates of Contractor, is convicted or is the following: (i) the payee's Federal employer identification otherwise found to have violated said laws or regulations upon number,(ii)the payee's Federal social security number,and/or the final determination of the United States Commerce (iii)the payee's Vendor Identification Number assigned by ' Department or any other appropriate agency of the United Statewide Financial System. Failure to include such num States subsequent to the contract's execution, such contract, or numbers may delay payment. Where the payee does not amendment or modification thereto shall be rendered forfeit have such number or numbers, the payee, on its invoice or and void. The Contractor shall so notify the State Comptroller Claim for Payment, must give the reason or reasons why the within five(5)business days of such conviction,determination payee does not have such number or numbers. or disposition of appeal(2NYCRR 105.4). (b) Privacy Notification. (1) The authority to request the 9. SET-OFF RIGHTS. The State shall have all of its above personal information from a seller of goods or services common law, equitable and statutory rights of set-off. These or a lessor of real or personal property, and the authority to rights shall include, but not be limited to, the State's option to maintain such information, is found in Section 5 of the State withhold for the purposes of set-off any moneys due to the Tax Law. Disclosure of this information by the seller or lessor Contractor under this contract up to any amouhts due and to the State is mandatory. The principal purpose for which the owing to the State with regard to this contract, any other information is collected is to enable the State to identify contract with any State department or agency, including any individuals, businesses and others who have been delinquent contract for a term commencing prior to the term of this in filing tax returns or may have understated their tax contract,plus any amounts due and owing to the State for any liabilities and to generally identify persons affected by the other reason including, without limitation, tax delinquencies, taxes administered by the Commissioner of Taxation and fee delinquencies or monetary penalties relative thereto. The Finance. The information will be used for tax administration State shall exercise its set-off rights in accordance with normal purposes and for any other purpose authorized by law.(2)The State practices including, in cases of set-off pursuant to an personal information is requested by the purchasing unit of the audit, the finalization of such audit by the State agency, its agency contracting to purchase the goods or services or lease representatives,or the State Comptroller. the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial 10. RECORDS. The Contractor shall establish and maintain System by the Vendor Management Unit within the Bureau of complete and accurate books, records, documents, accounts State Expenditures,Office of the State Comptroller, 110 State and other evidence directly pertinent to performance under Street,Albany,New York 12236. this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in 12. EQUAL EMPLOYMENT OPPORTUNITIES F which they were made and for six (6) additional years MINORITIES AND WOMEN. In accordance with Sec Page 4 January 2014 STANBMD CIAMSES ISS NYS GNTBACTS ARM(A 312 of the Executive Law and 5 NYCRR 143, if this contract or (ii) employment outside New York State. The State shall is: (i) a written agreement or purchase order instrument, consider compliance by a contractor or subcontractor with the providing for a total expenditure in excess of $25,000.00, requirements of any federal law concerning equal employment whereby a contracting agency is committed to expend or does opportunity which effectuates the purpose of this section. The expend funds in return for labor, services, supplies, contracting agency shall determine whether the imposition of equipment, materials or any combination of the foregoing, to the requirements of the provisions hereof duplicate or conflict be performed for, or rendered or furnished to the contracting with any such federal law and if such duplication or conflict agency; or (ii) a written agreement in excess of$100,000.00 exists, the contracting agency shall waive the applicability of whereby a contracting agency is committed to expend or does Section 312 to the extent of such duplication or conflict. expend funds for the acquisition, construction, demolition, Contractor will comply with all duly promulgated and lawful replacement, major repair or renovation of real property and rules and regulations of the Department of Economic improvements thereon; or (iii) a written agreement in excess Development's Division of Minority and Women's Business of$100,000.00 whereby the owner of a State assisted housing Development pertaining hereto. project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major 13. CONFLICTING TERMS. In the event of a conflict repair or renovation of real property and improvements between the terms of the contract (including any and all thereon for such project,then the following shall apply and by attachments thereto and amendments thereof)and the terms of signing this agreement the Contractor certifies and affirms that this Appendix A,the terms of this Appendix A shall control. it is Contractor's equal employment opportunity policy that: 14. GOVERNING LAW. This contract shall be governed by (a) The Contractor will not discriminate against employees or the laws of the State of New York except where the Federal applicants for employment because of race, creed, color, supremacy clause requires otherwise. national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to 15. LATE PAYMENT. Timeliness of payment and any employ and utilize minority group members and women in its interest to be paid to Contractor for late payment shall be work force on State contracts and will undertake or continue governed by Article 11-A of the State Finance Law to the existing programs of affirmative action to ensure that minority extent required by law. group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall 16. NO ARBITRATION. Disputes involving this contract, nean recruitment, employment, job assignment, promotion, including the breach or alleged breach thereof, may not be upgradings,demotion,transfer,layoff,or termination and rates submitted to binding arbitration (except where statutorily of pay or other forms of compensation; authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or 17. SERVICE OF PROCESS. In addition to the methods of authorized representative of workers with which it has a service allowed by the State Civil Practice Law & Rules collective bargaining or other agreement or understanding, to ("CPLR"), Contractor hereby consents to service of process furnish a written statement that such employment agency, upon it by registered or certified mail,return receipt requested. labor union or representative will not discriminate on the basis Service hereunder shall be complete upon Contractor's actual of race, creed, color, national origin, sex, age, disability or receipt of process or upon the State's receipt of the return marital status and that such union or representative will thereof by the United States Postal Service as refused or affirmatively cooperate in the implementation of the undeliverable. Contractor must promptly notify the State, in Contractor's obligations herein;and writing, of each and every change of address to which service of process can be made. Service by the State to the last known (c) the Contractor shall state, in all solicitations or address shall be sufficient. Contractor will have thirty (30) advertisements for employees, that, in the performance of the calendar days after service hereunder is complete in which to State contract, all qualified applicants will be afforded equal respond. employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or 18. PROHIBITION ON PURCHASE OF TROPICAL marital status. HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be Contractor will include the provisions of "a", "b", and "c" in accordance with, but not limited to, the specifications and above, in every subcontract over $25,000.00 for the provisions of Section 165 of the State Finance Law, (Use of construction, demolition, replacement, major repair, Tropical Hardwoods) which prohibits purchase and use of renovation, planning or design of real property and tropical hardwoods, unless specifically exempted, by the State mprovements thereon(the "Work")except where the Work is or any governmental agency or political subdivision or public or the beneficial use of the Contractor. Section 312 does not benefit corporation. Qualification for an exemption under this apply to: (i)work,goods or services unrelated to this contract; Page 5 January 2014 • STANDARD MANSES FOR NYS CONTRACTS APPBRIDI A law will be the responsibility of the contractor to establish to meet with the approval of the State. The Omnibus Procurement Act of 1992 requires that 1 signing this bid proposal or contract, as applicabl In addition, when any portion of this contract involving the Contractors certify that whenever the total bid amount is use of woods, whether supply or installation, is to be greater than$1 million: performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the (a) The Contractor has made reasonable efforts to encourage subcontractor has been informed and is in compliance with the participation of New York State Business Enterprises as specifications and provisions regarding use of tropical suppliers and subcontractors, including certified minority and hardwoods as detailed in §165 State Finance Law. Any such women-owned business enterprises, on this project, and has use must meet with the approval of the State; otherwise, the retained the documentation of these efforts to be provided bid may not be considered responsive. Under bidder upon request to the State; certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of (b) The Contractor has complied with the Federal Equal the State. Opportunity Act of 1972(P.L. 92-261),as amended; 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES (c) The Contractor agrees to make reasonable efforts to (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK provide notification to New York State residents of STATE CONTRACTSI. In accordance with the MacBride Fair employment opportunities on this project through listing any Employment Principles (Chapter 807 of the Laws of 1992), such positions with the Job Service Division of the New York the Contractor hereby stipulates that the Contractor either (a) State Department of Labor, or providing such notification in has no business operations in Northern Ireland, or (b) shall such manner as is consistent with existing collective take lawful steps in good faith to conduct any business bargaining contracts or agreements. The Contractor agrees to operations in Northern Ireland in accordance with the document these efforts and to provide said documentation to MacBride Fair Employment Principles (as described in the State upon request;and Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such (d) The Contractor acknowledges notice that the State may principles. seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in the 20. OMNIBUS PROCUREMENT ACT OF 1992 efforts. (APPLICABLE ONLY IN NON-FEDERAL AID NEW YORK STATE CONTRACTSI. It is the policy of New York State to 21. RECIPROCITY AND SANCTIONS PROVISIONS. maximize opportunities for the participation of New York Bidders are hereby notified that if their principal place of State business enterprises, including minority and women- business is located in a country, nation, province, state or owned business enterprises as bidders, subcontractors and political subdivision that penalizes New York State vendors, suppliers on its procurement contracts. and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Information on the availability of New York State Procurement Act 1994 and 2000 amendments (Chapter 684 subcontractors and suppliers is available from: and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of NYS Department of Economic Development May 15, 2002, the list of discriminatory jurisdictions subject Division for Small Business to this provision includes the states of South Carolina, Alaska, Albany,New York 12245 West Virginia, Wyoming, Louisiana and Hawaii. Contact Telephone: 518-292-5100 NYS Department of Economic Development for a current list Fax: 518-292-5884 of jurisdictions subject to this provision. email:opa@esd.ny.gov 22. COMPLIANCE WITH NEW YORK STATE A directory of certified minority and women-owned business INFORMATION SECURITY BREACH AND enterprises is available from: NOTIFICATION ACT. Contractor shall comply with the provisions of the New York State Information Security Breach NYS Department of Economic Development and Notification Act (General Business Law Section 899-aa; Division of Minority and Women's Business Development State Technology Law Section 208). 633 Third Avenue New York,NY 10017 23. COMPLIANCE WITH CONSULTANT 212-803-2414 DISCLOSURE LAW. If this is a contract for consulting email:mwbecertification@esd.ny.gov services, defined for purposes of this requirement to include https://ny.newnycontracts.com/FrontEnd/VendorSearchPu analysis, evaluation, research, training, data processi blic.asp computer programming, engineering, environmental, hea Page 6 January 2014 MUM CLAUSES FOR NYS CONTRACTS APPENDIX A and mental health services, accounting, auditing, paralegal, fails to demonstrate that it has ceased its engagement in the egal or similar services,then, in accordance with Section 163 investment activity which is in violation of the Act within 90 4-g)of the State Finance Law(as amended by Chapter 10 of days after the determination of such violation, then the state the Laws of 2006),the Contractor shall timely, accurately and agency shall take such action as may be appropriate and properly comply with the requirement to submit an annual provided for by law, rule, or contract, including, but not employment report for the contract to the agency that awarded limited to, imposing sanctions, seeking compliance, the contract, the Department of Civil Service and the State recovering damages,or declaring the Contractor in default. Comptroller. The state agency reserves the right to reject any bid, request 24. PROCUREMENT LOBBYING. To the extent this for assignment,renewal or extension for an entity that appears agreement is a"procurement contract"as defined by on the Prohibited Entities List prior to the award, assignment, State Finance Law Sections 139-j and 139-k, by signing this renewal or extension of a contract, and to pursue a agreement the contractor certifies and affirms that all responsibility review with respect to any entity that is awarded disclosures made in accordance with State Finance Law a contract and appears on the Prohibited Entities list after Sections 139-j and 139-k are complete, true and accurate. In contract award. the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS. AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the certification required by Tax Law Section 5-a or if during the term of the contract,the Department of Taxation and Finance w the covered agency, as defined by Tax Law 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated,by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 26.IRAN DIVESTMENT ACT. By entering into this Agreement,Contractor certifies in accordance with State Finance Law§165-a that it is not on the"Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012"("Prohibited Entities List")posted at: http://www.ogs.ny.gov/about/regs/docs/ListofEnt it ie s.pd f Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person Page 7 January 2014 APPENDIX A-1:SUPPLEMENTAL TITLE VI PROVISIONS(CIVIL RIGHTS ACT) To be included in all contracts During the performance of this contract,the contractor,for itself, its assignees and successors in interest(hereinafter referred to as the"contractor")agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation of the United States, Title 49, Code of Federal Regulations,Part 21, and the Federal Highway Administration(hereinafter"FHWA")Title 23,Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potiential subcontactor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or national origin,sex,age,and disability/handicap. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by NYSDOT or the FHWA to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to NYSDOT's Office of Civil Rights or FHWA, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,NYSDOT shall impose such contract sanctions as it or the FHWA may determine to be appropriate,including,but not limited to: (a.) withholding of payments to the contractor under the contract until the contractor complies,and/or (b.) cancellation,termination or suspension of the contract,in whole or in part. (6) Incorportation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations,or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor procurement as NYSDOT or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction,the contractor may request NYSDOT to enter into such litigation to protect the interests of NYSDOT,and,in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. October 2010 APPENDIX B REQUIREMENTS FOR FEDERALLY-AIDED TRANSPORTATION PROJECTS (June 2016) There is a substantial body of requirements attached to the use of Federal highway or transportation aid. These requirements create or overlay processes, procedures, documentation requirements, authorizations, approvals and certifications that may be substantially greater or different from those that are not funded with Federal-aid and proceed under applicable State and local laws, customs and practices. Under Title 23 of the United States Code, the New York State Department of Transportation (NYSDOT) is responsible for the administration of transportation projects in New York State to which NYSDOT provides Federal highway or transportation-related aid. Through this Agreement, which provides or is associated with such funding, NYSDOT delegates various elements of project and funding administration as described elsewhere in this Agreement. In undertaking a Federally aided project, the Municipality/Sponsor, Authority or Project Manager designated under this Agreement with Federal-aid funding or project administration agrees to proceed in compliance with all the applicable Federal-aid requirements. NYSDOT, in cooperation with FHWA, has assembled the body of Federal-aid requirements, procedures and practices in its Procedures for Locally Administered Federal-Aid Projects Manual (available through NYSDOT's web site at: http://www.dot.nv.gov/plafap). In addition, the Municipality/Sponsor, Authority or Project Manager designated under this Agreement for Federal-aid funding or project administration that enters into Federally aided project construction contracts is required to physically incorporate into all its Federally aided construction contracts and subcontracts there under the provisions that are contained in Form FHWA-1273 (available from NYSDOT or electronically at: http://www.fhwa.dot.gov/programadmin/contracts/1273.htm). In addition to the referenced requirements, the attention of Municipality/Sponsor hereunder is directed to the following requirements and information: NON DISCRIMINATION/EEO/DBE REQUIREMENTS The Municipality/Sponsor and its contractors agree to comply with Executive Order 11246, entitled "Equal Employment Opportunity" and United States Department of Transportation (USDOT) regulations(49 CFR Parts 21, 23, 25, 26 and 27) and the following: 1. NON DISCRIMINATION. No person shall, on the ground of race, color, creed, national origin, sex, age or handicap, be excluded from participation in, or denied the benefits of, or be subject to, discrimination under the Project funded through this Agreement. 2. EQUAL EMPLOYMENT OPPORTUNITY. In connection with the execution of this Agreement, the Municipality/Sponsors contractors or subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, age, color, sex or national origin. Such contractors shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national origin or age. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 3. DISADVANTAGED BUSINESS ENTERPRISES. In connection with the performance of this Agreement, the Municipality/Sponsor shall cause its contractors to cooperate with the State in meeting its commitments and goals with regard to the utilization of Disadvantaged Business Enterprises (DBEs) and will use its best efforts to ensure that DBEs will have opportunity to compete for subcontract work under this Agreement. Also, in this connection the Municipality or Municipality/Sponsor shall cause its contractors to undertake such actions as may be necessary to comply with 49 CFR Part 26. As a sub-recipient under 49 CFR Part 26.13, the Municipality/Sponsor hereby makes the following assurance. The Municipality/Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any United States Department of Transportation (USDOT)-assisted contract or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR Part 26. The Municipality/Sponsor shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of the United States Department of Transportation-assisted contracts. The New York State Department of Transportation's DBE program, as required by 49 CFR Part 26 and as approved by the United States Department of Transportation, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). FEDERAL SINGLE AUDIT REQUIREMENTS Non-Federal entities that expend $750,000 or more in a year in Federal awards from all sources are required to comply with the Federal Single Audit Act provisions contained in U.S. Office of .Management and Budget (OMB) Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations. Non-Federal entities that expend Federal awards from a single source may provide a program specific audit, as defined in the Circular. Non-Federal entities that expend less than the amount above in a year in Federal awards from all sources are exempt from Federal audit requirements for that year, except as noted in Sec. 215 (a) of OMB Circular A-133 Subpart B--Audits, records must be available for review or audit by appropriate officials of the cognizant Federal agency' the New York State Department of Transportation, the New York State Comptrollers Office and the U.S. Governmental Accountability Office (GAO). Non-Federal entities are required to submit a copy of all audits, as described above, within 30 days of issuance of audit report, but no later than 9 months after the end of the entity's fiscal year, to the New York State Department of Transportation, Contract Audit Bureau, 50 Wolf Road, Albany, NY 12232. Unless a time extension has been granted by the cognizant Federal Agency and has been filed with the New York State Department of Transportation's Contract Audit Bureau, failure to comply with the requirements of OMB Circular A-133 may result in suspension or termination of Federal award payments. 1 The designated cognizant agency for audit shall be the federal awarding agency that provides the predominant amount of direct funding to a recipient unless OMB changes it THE CATALOG OF FEDERAL DOMESTIC ASSISTANCE The Catalog of Federal Domestic Assistance (CFDA2), is an on-line database of all Federally- aided programs available to State and local governments (including the District of Columbia); Federally recognized Indian tribal governments; Territories (and possessions) of the United States; domestic public, quasi-public, and private profit and nonprofit organizations and institutions; specialized groups; and individuals. THE CFDA IDENTIFICATION NUMBER OMB Circular A-133 requires all Federal-aid recipients to identify and account for awards and expenditures by CFDA Number. The Municipality/Sponsor is required to identify in its accounts all Federal awards received and expended, and the Federal programs under which they were received. Federal program and award identification shall include, as applicable, the CFDA title and number, award number and year, name of the Federal agency, and name of the pass-through entity. The most commonly used CFDA number for the Federal Aid Highway Planning and Construction program is 20.205. Additional CFDA numbers for other transportation and non-transportation related programs are: 20.215 Highway Training and Education 20.219 Recreational Trails Program 20.XXX Highway Planning and Construction - Highways for LIFE; 20.XXX Surface Transportation Research and Development; 20.500 Federal Transit-Capital Investment Grants 20.505 Federal Transit-Metropolitan Planning Grants 20.507 Federal Transit-Formula Grants 20.509 Formula Grants for Other Than Urbanized Areas 20.600 State and Community Highway Safety 23.003 Appalachian Development Highway System 23.008 Appalachian Local Access Roads PROMPT PAYMENT MECHANISMS In accordance with 49 CFR 26.29, and NY State Finance Law 139-f or NY General Municipal Law 106-b(2) as applicable: (a) You must establish, as part of your DBE program, a contract clause to require prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 7 calendar days from receipt of each payment you make to the prime contractor. (b) You must ensure prompt and full payment of retainage from the prime contractor to the subcontractor within 7 calendar days after the subcontractor's work is satisfactorily completed. You must use one of the following methods to comply with this requirement: (1) You may decline to hold retainage from prime contractors and prohibit prime contractors from holding retainage from subcontractors. (2) You may decline to hold retainage from prime contractors and require a contract clause obligating prime contractors to make prompt and full payment of any retainage kept by 2 http://www.cfda.gov/ prime contractor to the subcontractor within 7 calendar days after the subcontractor's work is satisfactorily completed. (3) You may hold retainage from prime contractors and provide for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 7 calendar days after your payment to the prime contractor. (c) For purposes of this section, a subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the recipient. When a recipient has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. (d) Your DBE program must provide appropriate means to enforce the requirements of this section. These means may include appropriate penalties for failure to comply, the terms and conditions of which you set. Your program may also provide that any delay or postponement of payment among the parties may take place only for good cause, with your prior written approval. (e) You may also establish, as part of your DBE program, any of the following additional mechanisms to ensure prompt payment: (1) A contract clause that requires prime contractors to include in their subcontracts language providing that prime contractors and subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes. You may specify the nature of such mechanisms. (2) A contract clause providing that the prime contractor will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed. (3) Other mechanisms, consistent with this part and applicable state and local law, to ensure that DBEs and other contractors are fully and promptly paid. CARGO PREFERENCE ACT REQUIREMENTS— U.S. FLAG VESSELS In accordance with 46 CFR 381, the contractor agrees: (a) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. (b) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. (c) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. Mamaroneck �T � 1 TEL:914 -7835 `�.9'�i Town of a , -a Engineering Department, Town Center FAX:914/381-8473 w l' 'i m 740 West Boston Post Road, Mamaroneck, NY 10543-3353 • _if D 7. Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org FOUNDED 1661 • Town Engineer INTERDEPARTMENT MEMORANDUM FROM: Robert Wasp, P.E., Town Engineer SUBJECT: Recommendation of Consultant Selection Waverly Avenue Bridge Replacement GENERAL: Specific procedures for the procurement of consultant services to be utilized for replacement of the Waverly Avenue Bridge are required in conjunction with the NYSDOT BRIDGE NY grant award. Chapter 6 of the NYSDOT Procedures for Locally Administered Federal Aid Projects (PLAFAP)outlines these requirements that includes selection criteria and consultant DBE participation requirements that must be adhered for consultant expenses to be reimbursable under the grant. Procurement of consultant services from prequalified firms listed on New York State County Highway Superintendents Association(NYSCHSA) for NYSDOT region 8 facilitates the selection process. All fifteen firms listed on the region 8 list were solicited through request for proposal specific to the Waverly Avenue Bridge replacement project scope. The Town of Mamaroneck received three (3)proposal responses from Barton & Loguidice, P.C., Tectonic Engineering and Hudson Valley Engineering Associates. Consultant proposals were reviewed and ranked by the Engineering Department following a scoring rubric assessment in consideration of technical expertise, project specific approach and experience with the NYSDOT BridgeNY program. Based upon this assessments we recommend that the Town Board consider authorize selection of Hudson Valley Engineering Associates IAv • lase. upon t eir technics merit and expertise. In accordance with the procurement requirements t s se ection wi a ow or so 'citation o a cost-based proposal for the scope of services outlined in the RFP. It can be noted that an additional proposal following the same RFP outline was received from Dolph Rotfeld Engineering. Although not listed on the NYSCHSA Region 8 list, services from DRE's firm could have been considered as long as grant monies were not requested for reimbursement related to their scope. Please feel free to contact me with any questions. �0 �-7� Town of Mamaroneck DATE: 6/18/2019 o ji 90 Engineering Department, Town Center PREPARED BY: R.W., L.G. 7, 740 W. Boston Post Road, Mamaroneck, NY 10543-3353 H x 'ro,wm_u icer Requests for Qualifications Regarding the Replacement of the Waverly Avenue Bridge BRIDGE NY Funded Project RFQ Due Date:March 14,2019,3:00pm EST HVEA Engineers Dolph Rotfeld Engineering Barton&Loguidice Tectonic Engineering Beacon,NY 12508 Elmsford,NY 10523 Albany,NY 12205 Rocky Hill,CT 06067 R.W. L.G. R.W. L.G. R.W. L.G. R.W. L.G. Completeness(10) 10 9 8 8 10 8 8 8 Technical Experience(10) 10 10 10 9 8 10 8 9 NYSDOT&Bridge NY(10) 10 10 5 7 8 1 0 5 0 Replacement Approach(10) 10 10 10 8 10 8 8 10 In House Expertise(5) 4 5 5 5 5 5 4 5 References(5) 5 5 5 5 5 5 3 5 Total Score(50) 49 49 43 42 46 46 36 37 Rank # 1 #3 #2 #4 o 4, �T o f oTown of Mamaroneck ` iq- t9 " F i m Town Center •FOUNDED,66, • 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: 914/381-7810 OFFICE OF THE TOWN ADMINISTRATOR FAX: 914/381-7809 to . •:: . : !'! •. - ; . . .s MOTION OF S E,0 D BY r • r" Memorandum To: Supervisor &Town Board Re: Authorization — Lease Extension South East Consortium Date: June 14, 2019 Since 1997, the South East Consortium has been a tenant on the third floor of the Mamaroneck Town Center. As the Board is aware, the Town is one of the 11 members of the South East Consortium. They occupy approximately 1,200 square feet on the third floor and they have been good tenants for the Town. Attached is a proposal to extend the lease until 2022. The lease extension that is proposed calls for a 2 1/2 % increase each year. The lease did expire in April of 2017, so as proposed, the South East Consortium would make payments of the difference in the lease amounts for the years 2017 and 2018. All other terms of the lease agreement would remain unchanged. REQUESTED ACTION: THAT THE TOWN BOARD APPROVE THE EXTENSION OF THE LEASE BETWEEN THE TOWN AND THE SOUTH EAST CONSORTIUM FOR THE TERM MAY 1, 2017 THROUGH APRIL 30, 2022 AND THAT THE TOWN ADMINISTRATOR BE AUTHORIZED TO EXECUTE THE LEASE. Stephen V. Altieri Town Administrator AMENDMENT AND EXTENSION TO LEASE BETWEEN TOWN OF MAMARONECK AND SOUTH EAST CONSORTIUM FOR SPECIAL SERVICES, INC. WHEREAS, the Town of Mamaroneck and the South East Consortium for Special Services, Inc. entered in to a lease agreement in May of 1997; and WHEREAS, the parties wish to amend the terms of the lease agreement, Now, intending to be bound, the parties agree that the terms and conditions of the original lease agreement will remain the same in all aspects except for the changes to the following sections. Rented Space: The South East Consortium shall move from its current space in Suite 301 to Suite 318. Suite 318 on the third floor of the Town Center comprises 1,220 square feet. Term: The term of the lease shall be May 1, 2017 —April 30, 2022 Section 30: Rent —The tenant shall pay as rent for the demised premises the following sums for the periods indicated: Annual rent for the period May 1, 2017 to April 30, 2018: $28,444 payable in equal monthly installments of$2,320.31 Annual rent for the period May 1, 2018 to April 30, 2019: $29,155 payable in equal monthly installments of$2,417.66 Annual rent for the period May 1, 2019 to April 30, 2020: $29,884 payable in equal monthly installments of$2,490.00 Annual rent for the period May 1, 2020 to April 30, 2021: $30,631 payable in equal monthly installments of$2,552.58 Annual rent for the period May 1, 2021 to April 30, 2022: $31,397 payable in equal monthly installments of$2,616.42 Town of Mamaroneck South East Consortium for Special Services, Inc. By: Stephen V. Altieri By: Jennifer Spenner-Kind Town Administrator Executive Director -ALT 2-- 4 < x92 Town of Mamaroneck TEL:914/381-7835 0 v-p Engineering Department, Town Center FAX:914/381-8473 oi z 740 West Boston Post Road, Mamaroneck, NY 10543-3353 w 0 1 m _ � _ c> ~FOUNDED 1661 • Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org Town Engineer INTERDEPARTMENT MEMORANDUM _ DATE: June 14, 2019 MOT I O SEC N��ED BY` TO: Steve Altieri, Town Administrator �l�P FROM: Robert Wasp, P.E., Town Engineer SUBJECT: Amendment of Approved Contract Amount TA-19-07—Highway Garage Temporary Shoring&Lintel Repair GENERAL: This memorandum requests to rectify the awarded contract amount in reference to the above named project authorized by the Town Board at its meeting on June 5th. Previously distributed documents had incorrectly summarized the total bid price received from Specially Construction Systems, Inc. (SCS) as $45,000.00. Actual pricing received for the total of both items included on the bid form correctly sums to $46,000.00. Discrepancy between the actual bid and summary documents was realized subsequent to the issuance of the May 30th Engineering Department's recommendation of award and bid tabulation summary. The revised bid tabulation sheet included with this memorandum reflects the corrected bid price summation. We apologize for any inconvenience created by this oversight. Please feel free to contact me with any questions. \ 9}, Town of Mamaroneck DATE: 6/14/19 z P o Engineering Department Town Center PREPARED BY: R.W.,L.G. z `. 740 W.Boston Post Road,Mamaroneck,NY 10543-3353 Highway Garage Temporary Shoring and Lintel Repair Contract#TA-19-07-Bid Opening Results,May 22,2019 Specialty Construction System,Inc. ELQ Industries,Inc. Item# Bid Item Description Mount Vernon,NY 10550 New Rochelle,NY 10801 Unit Price Unit Price Item 1 Repair of Garage Bay&Lintel Beam L.S. $35,000.00 L.S. $74,020.00 Item 2 Installation of Garage Door System L.S. $11,000.00 L.S. $12,190.00 Total Lump Sum Bid(Sum of Items I&2) $46,000.00 $86,210.00 -P--- T -- 2) ` O Z Town of Mamaroneck 1/4 Wtk. „ 9Town Center 740 West Boston Post Road,Mamaroneck,NY 10543-3353 Office of the Comptroller TEL: 914/381-7850 FAX: 914/381-7809 towncomptroller@townofmamaroneck.org Memorandum Town Board Members From: Tracy Yogman, Town Comptroller Date: June 19, 2019 Re: Authorization- Closure and Transfer of Trust and Agency Funds The Trust Funds for Special Purposes are used to account for funds received from donors that are held by the Town to be spent on specific events or purposes as requested by the donor. These funds have been inactive for many years. The Town's independent financial auditors have reviewed and recommended that the trust and agency accounts should be analyzed and transferred to the appropriate operating funds for use as intended. The following transfers are recommended for consideration: 1. Greenway Maintenance Trust (G/L # T.0042)-This account consists of a contribution of$1,000 from seven municipalities (TOM,VOL,VOM, EC, Scarsdale, NR and Westchester County) for the maintenance of signage on the Greenway Trail. It is anticipated that this project will need additional funding and will begin over the next year. This fund requires no adjustment at this time. 2. Hommocks Marsh Trust Fund (G/L # T.0098)-Available funds will be utilized in 2020 to maintain the marsh. This fund requires no adjustment at this time. V REQUESTED ACTION: Town Board approval to close the Trust Funds and transfer the remaining balances from the funds indicated above and approve the following budget amendment: BUDGET AMENDMENT GENERALTOWNWIDE FUND(FUND A): 3 Rev A.0000.5041 Transfer from Trust Fund-(Beautification Trust) Increase $ 2,343.11 Exp A.8510.4178 Plants/Trees Increase $ 2,343.11 4 Rev A.0000.5041 Transfer from Trust Fund-(350th Anniversary) Increase $ 10,108.31 END A.1670.4167 Special Events (Volunteer BBQ) Increase $ 10,108.31 GENERALFUND PART TOWN FUND(FUND B) 5 Rev B.0000.5041 Transfer from Trust Fund-(C.E.R.T.) Increase $ 650.00 Exp B.3010.4002 Public Safety-Contracted Services Increase $ 650.00 6 Rev B.0000.5041 Transfer from Trust Fund(Bunny Hop) Increase $ 1,250.00 tiq s rbr49 f O tt.4 (I9 A9 Town of Mamaroneck �l I �� ° Town Center 7 740 West Boston Post Road,Mam. . •c , ' ' I -3353 MOTION OF SECONDED BY OFFICE OF THE TOWN ADMINISTRATOR uf,c/icv 14— TEL 914-381-7810 FAX 914-381-7809 Lifera‹. 4,•? own fmamaroneckny.org www.town ifmamaroneckny.org Memorandum To: Supervisor and Town Board Re: Report of Bids- Installation of EV Charging Stations Date: June 14, 2019 The Town has been planning for the installation of Electric Vehicle Charging Stations at four locations: • Hommocks Ice Rink • Mamaroneck Town Center • Baldwin Avenue • Myrtle Boulevard The Town applied for and received a grant in the amount of $61,000 from the New York State Department of Environmental Conservation to apply towards the cost of the project. The Town received two bids for the project: • Candela Systems $ 179,450 • Tri-Cat Electric $ 108,992 Based upon the bid received, the total project cost is $129,997; which includes the cost of the installation contract, and the cost of the project manager. Net of the grant to be received for the project, the Town's share of the cost is $68,997. REQUESTED ACTION: That the Town Board accept the bid received by Tri- Cat Electric in the amount of $108,992 for the installation of EV Charging stations in accordance with the Town's specifications and that the Town Administrator be authorized to execute a contract for the project. Further that the Town authorize the establishment of Capital Project #2019-69 and authorize a transfer of funds in the amount of $68,997 as set forth in the attached schedule. Stephen V. Altieri Town Administrator 4111, to Printed on Recycled Paper 3. Beautification Trust-(G/L # T.0107)-This trust fund with a balance of $2,343.11 was established for enhancing communities with plantings and other garden related projects. These funds will be used to replant the traffic island at the corner of Murray Avenue and Weaver Street. A transfer and budget amendment is recommended. 4. 350th Anniversary Fund (G/L #T.0101)-A balance of$10,108.31 remains from the anniversary event from donations. A recommendation was made to repurpose the funds for a volunteer special event and amend the operating budget. A transfer and budget amendment is recommended. 5. Community Emergency Response Team (C.E.R.T.) Trust Fund (G/L #T.0103) — A donation of$650.00 was received in 2011 from the Sarah Newman Center to provide assistance for public safety during major storms and other emergencies. These funds will be used for public safety service contracts in 2019. A transfer and budget amendment is recommended. 6. Bunny Hop Trust Fund (G/L #T.0117)-Funds in the amount of$1,250.00 to be transferred to operating budget for the purchase of supplies for the next Bunny Hop event. A transfer and budget amendment is recommended. Agency Funds are used to account for funds held by the Town in a custodial capacity on behalf of outside parties for the purpose of insuring legal compliance or satisfaction of a Town code/permit requirement. A six year statute of limitations applies to these account balances. In the event that permit holders contact the Town and is actually due a refund, payment will be made and charged to the operating budgets. The following transfers are recommended for consideration: 7. Erosion Control Permits (G/L TA032) - Payments for permits issued between 1993-2013 for land disturbing activity held by the Town have been researched. In many cases, files are not available, attempts were made to contact previous owners, or refunds were made and posted to incorrect accounts. A transfer of these funds to the Part Town Misc. Revenue Account B.2770 in the amount of$108,504.54 and Trust Fund Account TA041 in the amount of$5,172.96 to correct account balances per the attached schedule is recommended. 8. Wetlands Deposits (G/L TA030) — Three permit holders for payments received in 1993 and 2003 held by the Town cannot be located. These permits were issued to minimize the impact of construction projects to wetlands. A transfer of these funds to the Part Town Misc. Revenue Account B.2770 in the amount of$21,000.00 per the attached schedule is recommended. REQUESTED ACTION: Town Board approval to amend the 2019 Capital Project Budget and approve the following budget amendment to fund the Electric Vehicle Charging Station Project (#2019-69) with grant funds and unreserved Part Town Fund Balance: i ___. i BUDGET AMENDMENT CAPITAL PROJECTS FUND(Fund H) 'Expense H.8095.0400.2019.69 'SUSTAINABILITY CAPITAL PROJECT-ELECTRIC VEHICLE CHARGERS 'Increase ($ 129,997 t !Revenue H.0000.5032.2019 69 TRANSFERS FROM PART TOWN FUND Increase ! $ 68,997 Revenue H.0000.3999.2019.69 STATE GRANT FUNDS-DEC Increase ( $ 61,000 I j PART TOWN FUND(FUND B) !Expense B•9900.9950 !TRANSFER TO CAPITAL PROJECT Increase $ 68,997 Revenue B.0000.5995 APPROPRIATED FUND BALANCE Increase $ 68,997 Cost Analysis- EV Charging Stations Original Grant Submission Project Location Grant Funds Requested Town Funds" Total Cost Myrtle Blvd $13,000 $5,450 $18,450 Town Center $21,855 $6,050 $27,905 Hommocks Ice Rink $20,455 $5,800 $26,255 Memorial Park $16,000 $5,055 $21,055 Total $71,310 $22,355 $93,665 Adjusted Project Cost Analysis Based upon Actual Grants received and Bid Received for Electrical Contracting Project Location Low Bid Received for Actual Grant Funds Town Funds2 Total Cost Installation Awarded Myrtle Blvd $25,337 $13,000 $12,337 $25,337 Town Center $19,535 $16,000 $3,535 $19,535 Hommocks Ice Rink $37,860 $16,000 _ $21,860 $37,860 Memorial Park $26,260 $16,000 $10,260 $26,260 Total $108,992 $61,000 $47,992 $108,992 The Town's adjusted share of the project in terms of actual funds to be paid to the contractor increased from $22,355 to$47,992, an increase of $25,637. In addition,you must add the cost of the firm retained to manage the project, Earthkind Consulting. Their probable fee is$16,000 v1 however as a contingency their maximum fee would be$29,000. Total Town Share of the Project: Installation of Chargers- $47,992 Consulting Fee $16,000 $63,992 .11 I '1 1 i -a 1 Out of Pocket Fund Outlay 2 Out of Pocket Fund Outlay Adjusted for actual bid received for electric work. Also included in the Town's expense is equipment rental for trenching work that ...-- will will be completed by the Town Highway Dept. Altieri, Stephen & -(G1 I From: Yogman, Tracy Sent: Wednesday, May 15, 2019 9:38 AM To: Altieri, Stephen MOTI NOF SECONDED BY Cc: Green ODonnell, Connie;Orsino, Laura Jean Subject: E-Check Fees ./ Good Morning Steve- As you know,the Town currently offers three on-line methods to process tax payments: (1) eCheck which is an electronic version of a paper check that provides improved payment processing times and less waste. With an eCheck, money is electronically transferred from the payers' checking account and directly deposited to the Town's account, after passing through the ACH network. Sliding scale fees start at $1.75/echeck that are paid directly to Forte by the taxpayer. The fee includes verification of account number, routing number and accounts that have a history of writing bad checks. (2) Credit Cards—Convenience Fee of 2.45%charged directly to the taxpayer (3) Visa Debit Cards- Flat Fee of$3.95/transaction In an effort to offer a FREE on-line payment option to taxpayers, I requested that Forte provide us with pricing where the Town would absorb the cost of echecks.They offered the following two options: 1. Flat fee of$.50/echeck that includes verification of account number, routing number or verifying with a national database that flags accounts that have a history of writing bad checks. 2. Flat fee of$.25/echeck without the verification services. Currently approximately 950 tax payments are received through echecks for the three collections annually.That is approximately 74%of the total 1,300 on-line payments. The cost to absorb the fees by the Town would be$475/year at the current rate of echeck users. It is anticipated that the number of users will increase. The Town should plan to advertise this free option on the website, send out email messages and perhaps include it on the postcard notification that was planned. The Town will save the cost of printing and mailing receipts and statement reminders, processing check deposits and will encourage more people to pay online rather than coming in person that will create efficiencies within the Comptroller's Office. I am recommending that the Town offer echeck to taxpayers at no cost to them for the above reasons.The small additional cost the Town will incur will be a flat fee of$.50/echeck maintaining the current verification services. It is anticipated that the cost will be partially offset by related savings. We believe offering an on-line option at no cost to taxpayers would be beneficial to both the taxpayers and the Town. Please let me know if you have any further questions and when we can proceed. Thanks Tracy 1 -Ro 0 o -7o Town of Mamaroneck ' z TTown Center •FOUNDED 16,1 • 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: (914) 381-7812 OFFICE OF THE TOWN ADMINISTRATOR FAX: (914) 381-7809 cgreeuodonnell ! $ . i$ Hu .. u • I .or: TO: Stephen Altieri, Town Administrator MOTION OF S D BY Nancy Seligson, Town Supervisor Town Board Members cAM...Fe z FROM: Connie Green O'Donnell, Deputy Town Administ ator DATE: June 12, 2019 SUBJECT: Authorization to Appoint a Senior Recreation Leader-Senior Citizens Authorization is requested to appoint Stephanie Hart provisionally to the position of Senior Recreation Leader-Senior Citizens at an annual salary of$52,756, effective no later than July 22, 2019. This newly created position is reflected in the 2019 budget. Ms. Hart holds a Bachelor of Science degree in Human Development and Family Relations from SUNY Plattsburgh and has a Master of Science degree in Gerontology/Management of Aging Services from the University of Massachusetts. Currently, Ms. Hart is working towards earning a certification in the field of therapeutic recreation. Ms. Hart's experience includes working for a private assisted living organization where she began as a Recreation Assistant and was promoted to Director of Recreation in less than three years. In this position Ms. Hart was responsible for developing and coordinating the social/recreational calendar of events for the senior citizens. She sought out vendors, entertainers and providers to support and enhance the senior activities at the facility. Presently Ms. Hart serves as a director at a senior living facility where she oversees outside contractors that provide programs and events to seniors. She has additional experience engaging with the local community, promoting the programs and services and using social media to promote the organization and all that it offers. According to Anna Danoy, Director of Community Services, given Ms. Hart's experience she would play an integral role in meeting the needs of the residents and fulfilling the goals and objectives of the Westchester County Department of Senior Programs and Services Next State Network/Livable Communities Initiative. If approved, Ms. Hart will be classified as a provisional employee and will be required to take a Civil Service test for that position when offered by Westchester County Human Resources. In order for her to be appointed to the position, Ms. Hart will need to attain a score equal to or higher than the third highest ranking eligible on the list willing to accept the position. ACTION REQUESTED: That the Town Board approve the provisional appointment of Stephanie Hart as Senior Recreation Leader-Senior Citizens at an annual salary of$52,756, effective no later than July 22, 2019. 4-0-t- -1-f- a ,„ - (q - 0 o Town of Mamaroneck J -'; m Town Center •FOUNDED 7661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 TEL: (914) 381-7812 OFFICE OF THE TOWN ADMINISTRATOR FAX: (914) 381-7809 cgr:-noses , -ll townofrnamaroneckny.org TO: Stephen Alfieri, Town Administrator Nancy Seligson, Town Supervisor MOTION OF SE OND D BY Town Board Members 4( FROM: Connie Green O'Donnell, Deputy Town Ad 'nistra or DATE: June 12, 2019 SUBJECT: Authorization to Appoint a Staff Assistant-Section 8 Rental Assistance Program Authorization is requested to appoint Nubia Weekes to the full-time position of Staff Assistant-Section 8 Rental Assistance Program at an annual salary of$49,839, effective no later than July 22, 2019. The position has been vacant due to a resignation this past May. The 2019 budgeted salary figure is slightly higher than the stated figure, which would result in a savings of approximately$3,000. This is a competitive Civil Service position and Ms. Weekes is reachable on the list. If approved, Ms. Weekes will be required to serve a fifty-two week probationary period. Ms. Weekes received a Bachelor of Arts degree from the College of New Rochelle. For the past two and a half years Ms. Weekes has held the positions of Housing Specialist and Portability Officer for a company that administers a Housing Choice Voucher Program. Ms. Weekes has gained experience learning the various facets of the program including; annual re-examinations of tenants and assisting tenants to utilize their vouchers outside Westchester County through a program known as Portability. According to Anna Danoy, Director of Community Services, Ms. Weekes is well versed in the HUD program regulations and has expressed interest in learning all aspects of the Housing Choice Voucher Program. It is anticipated that given her experience, Ms. Weekes will have a positive impact on the overall operations of the Community Services Department. ACTION REQUESTED: That the Town Board approve the probationary appointment of Nubia Weekes to the position of Staff Assistant-Section 8 Rental Assistance Program at an annual salary of$49,839, effective no later than July 22, 2019. TOWN OF MAMARONECK - 2020 BUDGET CALENDAR . Jditional sessions may be added, and session dates and times may be changed by Town Board Resolution if necessary. Please refer to the Town's web site www.townofmamaroneckNY.org for the most up to date information about meeting dates, times AND LOCATIONS. Thursday, June 20, 2019 Distribution of Operating & Capital Budget Worksheets/Budget Instructions to Department Heads Friday, August 23, 2019 Submission of Capital Budget Worksheets to Town Administrator's Office Monday, September 9, 2019 Input of Operating Budgets into KVS Budget System Wednesday, September 11, 2019 Submission of All Operating Budget Work Sheets Monday, September 16, 2019 through Departmental Budget Work Sessions Friday, September 27, 2019 Wednesday, October 16, 2019 8:00pm Submission of Tentative Budget to the Town Board Wednesday, October 23, 2019 5:30pm-8:00pm Preliminary Review of Tentative Budget with the Town Town Center, Conference Room D Monday, October 28, 2019 5:30pm-8:00pm Departmental Budget Review Conference Room D Wednesday, November 13, 2019 5:30pm-8:OOpm Departmental Budget Review, Town Center, Conf. Room D Tuesday, November 19, 2019 5:30pm-8:00pm Capital Budget Review, Town Center, Conf. Room D Wednesday, December 4, 2019 8:00pm Budget Hearing- 2020 Preliminary Budget Wednesday, December 18, 2019 8:00pm Final Adoption of 2020 Budget uit i lTATES:DISTRICJ COIAT soi DISTAler OF NEW YORK BRIANAe `;. J, I LNo.: 17,04)0665(0) Pita -against- TOWN OF MAMARONECK,;and TOW QF IVIAMAR4UBCX.::P 1)E1?A. tmemr,and:RICHARD.R E , sited m bis official atidiindivisuai cities; andIA.11EPITROMOLO sued inaker Acid slid in4ividual capaeities4 ind OFFICER RO LAA, sued iMILS ficial anatiOlvidolicapaciticst and 'MICHAEL NUZZOts dhis-afield his-afieldand Defend.anta. SETTLEMENTAE4EASEI1' AIN? AND NON,DISCIpSURE AGREEMENT 1. This Settlement, Release, Waiver, and Non Disclosure Agreement (hereinafter "A1 Ment")is enter#4 1010 ibit; y'Alum, 2019 between EMMA CAMA1, nn.:het bellalf•and:en behalf a her Wm,execuors;,administrators,attorneys,successors,assigns,agents and rcpresentattves (hereinafter collectively ,(r fe d to as eTioxitin and THE p d OF L.ri RDlecKs pi ts'beha .and at its past and present mrdIembers,'f 1 9 ,, .eieeted officials,ooio s,directots, : mi Stratoi s,employs,police of icer:4 atto eys,agtAlts, representatives,af lj s, related entrties,and assigns (c assigns (collaciiVeir hereinafter tercued.lomg* j "Town."vas wet;as ag ire tamers that have or may have pvicled coverage ge as to claims ass ted or t could'have been asserted by Plaintiff in ihe.action entitled *Una mal v. 'TOWN OFF MAMARONECK, and TOWN OF MAMARONECk P(L1(E DEPARTMENT,. and RICHARD Rfit7ERA,: sued in his official and kdividual sap ..aeities, and KATIE PIETRo?AOLO sued in het(Octal and.individual capacities, and OFFICER ROTELL.,A, sued' 1 in his()facial and indiVidual capacities,,and OM= CHAEL NUZZO,sued in his official and individual capacities,Docket No. 17-0-006003),pending in.the Southern Diadriei of New York(the"Action"). 2. n1iinited all claims sin 'from ��i�y�this Agement includes,but is not. '�, Plaintifes October 3:1;, A1.5 tree StoP 004 west,February 8,2016 traffic stop and sear*as well as any tort or action soYrdine in civic ligbts,retaliatiokor disntimi.nation cl8 sy..My claim for defamation,any clam for equitable relief or revery of punitive, compensatory, or other damages or monies Or '1'eea• 3, Fintherniore,'t©theextent not covered irk fete prig paragraph,this Agreement Wends to all claims asserted by Plaintiff as part offhe:Aetion. 4. It expressly understood that this Agreement lies been entered into by the TOW solely for the purpose of avoiding further exein connection with litigating MV and all claims and/or disputes, whether asserted or unasserted, that Plaintiff has or could have against the Town to the date this Agreement is filly executed by the parties. $,y entering into this Agreemen4.the Town denies ani liability with respect to the alleged violation of any law, Statute,,ordinance or re,gt lattton, or that fiowh or its pollee engaged in any improper conduct against PlaintifE PlainAa Jingly, the Town continues to maintain that Plaintiff's allegations ares wholly without=ft and tura the Town>acted properly and in aikcettlanee with all pliieable laws at-all'relevant tom: This Agreement:and:the settlement itrepresents is by nO means an admission of fault,. guilt, or responsibility on the part of the Tom. Further, this Agreement and the settlement it represents does not Constitute an admission by the Tovm of any violaition of any federal, state or local law; the breach of any duty whatsoever, whether based uponstatute,common law,contract,or otherwise;;or that Plaintiff has suffered any damages. 2.