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HomeMy WebLinkAbout2024_03_20 Town Board Meeting Packet ot w � FOUNDED 1661 Town of Mamaroneck Town Board Agenda Wednesday, March 20, 2024 All Work Sessions and Regular Meetings are open to the public. Page 5:00 PM THE TOWN BOARD WORK SESSION The Work Session will convene in Conference Room A located on the Second Floor at the Town Center. CALL TO ORDER WORK SESSION ITEMS 1. Discussion - Resolution Waiving Penalties and Interest on Late Payments of 3 - 7 Real Property Taxes Due to Alleged Criminal Activity Resolution Waiving Penalties and Interest on Late Payments of Real Property Taxes Due to Alleged Criminal Activity - Pdf 2. Discussion - Speed Hump Policy 8 - 14 Speed Hump Policy - Pdf 3. Consideration of Authorization of Engineering Services Proposal Traffic Signal 15 - 30 Replacement - Richbell Road & Palmer Avenue Authorization of Engineering Services Proposal Traffic Signal Replacement - Richbell Road & Palmer Avenue - Pdf 4. Discussion - Bid - TA-24-04 - Nancy Lane Storm Sewer Extension 31 - 34 Bid - TA-24-04 - Nancy Lane Storm Sewer Extension - Pdf 5. Discussion - Leaf Blower Law 35 - 43 Leaf Blower Law 6. Request for Executive Session 7. Updates 8. Additions to Regular Meeting Agenda 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting will convene in the Courtroom Located on the second floor at the Town Center. The Public is able to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER SUPERVISOR'S REPORT PUBLIC HEARING(S) RESIDENT COMMENTS Page 1 of 74 STAFF COMMENTS/ PRESENTATIONS BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire Claims 44 - 46 Fire Claims - Pdf 3. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of Resolution Waiving Penalties and Interest on Late Payments 47 - 51 of Real Property Taxes Due to Alleged Criminal Activity Resolution Waiving Penalties and Interest on Late Payments of Real Property Taxes Due to Alleged Criminal Activity - Pdf 2. Consideration of Authorization of Engineering Services Proposal Traffic Signal 52 - 67 Replacement - Richbell Road & Palmer Avenue Authorization of Engineering Services Proposal Traffic Signal Replacement - Richbell Road & Palmer Avenue - Pdf 3. Consideration of Award of Bid - TA-24-04 - Nancy Lane Storm Sewer 68 - 71 Extension Bid - TA-24-04 - Nancy Lane Storm Sewer Extension - Pdf 4. Consideration of 2024 Town & County Tax Warrant 72 - 74 2024 Town & County Tax Warrant - Pdf REPORTS OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT REGULARLY SCHEDULED MEETING - April 10, 2024 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 2 of 74 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Resolution Waiving Penalties and Interest on Late Payments of Real Property Taxes Due to Alleged Criminal Activity Date: March 20, 2024 Attached is a memo from Town Comptroller, Tracy Yogman, regarding the recent increase in check fraud that has affected Town residents. Residents have reported receiving outstanding tax notices but believe they have paid their taxes on time. To remedy this unique situation resulting from criminal activity, we ask the Board to consider waiving the penalties and interest on the delinquent payments caused by fraudulent activity. A full resolution has been prepared by Town Attorney Maker for your consideration, and could be acted upon as follows: Action Requested: Resolved that the Town Board hereby approves the waiver of penalties and interest on delinquent payments caused by fraudulent activity as per the attached resolution. Page 3 of 74 u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: March 20, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Resolution Waiving Penalties and Interest on Late Payments of Real Property Taxes Due to Alleged Criminal Activity General: There has been a significant increase in check fraud over the past few years. Although check usage has declined, check fraud is a low-tech and relatively easy crime to pull off, and there is still a sizeable pool of potential victims. Fraudsters are removing the ink ("washing"), selling blank checks or writing in whatever they want. Recovering funds lost in these scenarios cannot be guaranteed, and any recovery depends on the receiving depository institution. If recovery is possible, it often takes more than six months. The Comptroller's office has become of aware of this issue when residents receive outstanding tax due notices but believe they have paid their taxes on time. Through no fault of their own, their checks have been washed and cashed to unknown recipients other than the Town. Penalties continue to accrue on the taxes owed in accordance with the law. In order to provide relief to those residents affected by this criminal activity, a resolution is proposed for the Town Board's consideration to authorize the Tax Receiver to waive the penalties and interest on these fraudulently cashed payments provided certain documentation is submitted to the Town. Attachment/s: Resolution Waiving Penalties and Interest on Late Payments of Real Property Taxes due to Alleged Criminal Activity-March 2024 Page 4 of 74 Resolution Waiving Penalties and Interest on Late Payments of Real Property Taxes Due to Alleged Criminal Activity On motion of Council , seconded by Council , the Town Board finds and approves the following: WHEREAS, there have been numerous occasions since the beginning of 2024 when checks to pay real property taxes have been mailed by taxpayers only to be intercepted, altered to change the payee and sometimes the amount (a process known as "washing") and fraudulently cashed, WHEREAS, as a result of this criminal activity, payments of real property taxes that otherwise would have been made before the imposition of interest and penalties have not been made, WHEREAS, the Receiver of Taxes is required by law to impose interest and penalties on late tax payments regardless of the circumstances that led to the delinquency, WHEREAS, because the law requires it, the Receiver of Taxes has been compelled to charge interest and penalties, or advise taxpayers that interest and penalties will be charged, on late tax payments even though the delay was through no fault of the taxpayer, WHEREAS, the Town Board determines that imposing interest and penalties when late payment is due to criminal activity in which the taxpayer played no part is not in the best interest of the Town, WHEREAS, these facts present a unique situation, WHEREAS, based upon the foregoing and acting pursuant to Real Property Tax Law §1182, it is the best interests of the Town to authorize the Receiver of Taxes,upon receipt of proper proof, to accept late payments of real property taxes without imposing interest and penalties. NOW THEREFORE,BE IT RESOLVED, that the Receiver of Taxes hereby is directed to accept late payments of real property taxes, without imposing interest and penalties, in full satisfaction of unpaid real property taxes if the taxpayer (1) provides a sworn statement that affirms (a) that a check was drawn for the purpose of paying the taxpayer's real property taxes, (b) that the check was mailed on or Page 5 of 74 before the last day when a real property tax can be paid without interest and penalties being imposed and (c) that the taxpayer was unaware that the check had been intercepted and altered until after the check was negotiated, (2)produces a copy of the check that the taxpayer claims was altered, and (3) presents proof that such check was negotiated, and (4) supplies proof that the institution upon which such check was drawn has reimbursed the taxpayer for the amount for which the check was drawn, and (5) signs a statement authorizing the Receiver of Taxes to contact the institution upon which such check was drawn for the sole purpose of confirming that such institution reimbursed the taxpayer for the amount for which the check was drawn, BE IT FURTHER RESOLVED, that upon receiving the aforementioned documentation from a taxpayer who has paid real property taxes with interest and penalties, the Receiver of Taxes is directed to waive or refund (if paid) such interest and penalties,without interest, to such taxpayer, and BE IT FURTHER RESOLVED, nothing in this resolution shall prevent the Receiver of Taxes, after consulting the Town Administrator and the Town Attorney, from collecting interest and penalties or refusing to refund same if the Receiver has a legitimate reason not to believe the taxpayer's sworn statement or that the check presented by the taxpayer had not been altered or was not drawn for the purpose of paying the taxpayer's real property taxes, and BE IT FURTHER RESOLVED, that the Receiver of Taxes shall advise anyone denied the relief authorized by this resolution that such person has the right to appeal such decision to the Town Board within twenty(20) days of being notified of the denial, and BE IT FURTHER RESOLVED, the direction and authority given to the Receiver of Taxes by this resolution shall expire without further action by the Town Board on August 31, 2024 except that after this resolution expires, the Receiver of Taxes shall refund interest and penalties to, 2 Page 6 of 74 or accept late payments of real property taxes without imposing interest and penalties, in full satisfaction of unpaid real property taxes from, taxpayers who complied with the requirements of this resolution before this resolution shall have expired, and BE IT FURTHER RESOLVED, that because this situation is unique and occasioned by criminal activity, the Town Board does not consider its action in this matter to be setting a precedent for dealing with other properties that are delinquent in payment of their real property taxes. The above resolution was put to a roll call vote: Nambiar Nichinsky King Fiddelman Elkind Eney March 8,2024 3 Page 7 of 74 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Speed Hump Policy Date: March 8, 2024 Attached please find the draft Speed Hump Policy as discussed at the previous Traffic Committee meeting. The Committee did not have any objections to the presented policy. This has been drafted to provide guidelines for the installation of speed humps where appropriate. Should the Town Board be satisfied with the draft policy, I offer the following resolution. Action Requested: Resolved that the Town Board hereby approves the Speed Bump Policy and hereby authorizes the Town Administrator to execute the policy. Attachment/s: Draft speed hump policy traffic committee Page 8 of 74 TOWN OF MAMARONECK SPEED HUMP POLICY 1 Page 9 of 74 Table of Contents Background and Reference Document 3 Speed Hump Eligibility Criteria 3 - 4 1: Written Request from Citizen or Association Criteria 2: Street Eligibility Criteria 3. Application Procedures 4. Approval and Funding Design Aspects 4-5 Monitoring and Removal 5 7111% . Page 10 of 74 I. Background and Reference Document: The installation of speed humps in the United States has been difficult because this type of traffic calming device is not in the Manual on Uniform Traffic Control Devices (MUTCD). Some municipalities have been reluctant to install speed humps, because of liability issues possibly related to; (1) potential loss of vehicle control; (2) potential vehicle damage; (3) traffic diversion to other streets; (4) increased emergency vehicle response time; and (5) bicycle safety. Nevertheless, more and more municipalities are experimenting with the design and placement of speed humps in response to citizen concern and protest to reduce the speed and volume of traffic on neighborhood streets. The Institute of Transportation Engineers (ITE) has developed a set of guidelines for the design and application of speed humps (Guidelines for the Design and Application of Speed Humps, ITE Traffic Engineering,June 1997)1. Speed Humps are also included in the New York State Department of Transportation (NYSDOT) design manua;, II. Speed Hump Eligibility Criteria Criteria 1: Written Request from Citizen or Associatio, Residents or neighborhood associations wisning to have speed humps considered for a specific street must submit to the Trzffic Comm°'gee a written request endorsed by at least 75% of the households within the portio of tF, subject street confined by the nearest intersections. Criteria 2: Street Eligibility Criteria Town staff will revie\, such requests for speed humps, based on the criteria established in this policy. Collector strc +s with iigh volumes of traffic will not be considered for speed humps, nor will snow emei, • .y routes as designated per Town Code §219-81. In addition, the Town has no authority to place speed humps on County or State roadways. Only after the elimination of other appropriate and authorized conventional, non-capital controls (e.g. speed limit signs, appropriate warning signs, directed enforcement) and a comprehensive review by the Town Engineer and Police Departments, is a street to be considered for speed humps. Eligibility Criteria for Local residential street: • An uncontrolled segment length of 600' or greater • A local street defined as those streets that are mainly residential side streets, where speeds limits do not exceed 30 mph • Speed humps can be placed in accordance with the General Guidelines for Design as outlined below. 3 Page 11 of 74 Streets are ineligible for speed humps if: • Classified as an emergency route or collector street • Grades, curvature, limited sight distance, or other physical conditions make the application of speed humps unsafe in the opinion of the Town Engineer or consulting engineer. • Used as a routine emergency service route or a major transit route for buses or bicycles • Scheduled for pavement resurfacing or other planned construction within the next two budget years • Excessive traffic volume would be diverted to other residential streets • The design guidelines below cannot be effectively met in the desired location • Other safety considerations determined critical during rev`9w. Criteria 3: Application Procedures Request for speed humps will first be thoroughly reviewed by staff L 'ed on the eligibility criteria. Engineering, police, fire, ambulance, and highwa. departments may be asked to review all proposed speed hump installations. Departm'.ntal comments will be considered in the decision-making process. Following such review, the resident's application for speed hump consideration, along with the staff recommendation, will be placed on ai agenda for consideration by the Town's Traffic Committee. The Town will notify the residents on the portion of the subject street confined by the nearest intersections of the scheduled meeting date. It shall be the responsibility of the requc—+'ng party to solicit community support for the request. The Traffic Committee will ..ien discuss the request at a Traffic Committee meeting and will determine whethe, - not to make a recommendation to the Town Board that a speed hump be placed in acc, dance with the request. Criteria 4: Approval and Fu, Jing Because speed hump funding is limited, it may not be possible for all eligible projects to be funded. Speed bumps recommended by staff and the Traffic Committee and approved by the Town Board may be prioritized and placed in the capital plan in the year in which funding can be secured. Decisions on items to be placed in the capital plan are made during the annual budget process. The Town shall have the discretion to install temporary speed hump structures prior to completion of permanent installation. Such discretion will consider the potential costs, availability of material and labor resources associated with temporary speed hump installation. III. Design Aspects 4 Page 12 of 74 The following are general guidelines for the design of speed humps. These are provided for citizen information only. The latest design requirements as determined by the NYSDOT, ITE, and the American Association of State Highway and Transportation Officials (AASHTO) shall be utilized. The Town Engineer will determine applicable modifications to the design. Guideline 1: Speed humps within a series are often placed from 200 feet to 750 feet apart. On long blocks they are placed 1000 feet to 1600 feet and three or more humps might be necessary. Guideline 2: A series of two or more speed humps on a street are usually more effective than a single hump. Guideline 3: The first hump in a series should be located where 't cannot be approached at high speed from either direction. Guideline 4: Speed humps (at the first hump in a system) are usually installed no closer than 200 feet measured from the nearest traffic control device ( stop sign, traffic signal) or sharp curve with limited sight distance. Guideline 5: Traffic control consisting of signs and markings is needed to warn roadway users of the presence of a speed hump. While no minimurr standards exist for devices to be used in conjunction with speed humps, devices typically used by agencies are the W8 -1 BUMP warning sign (MUTCD (Mar ,, , Uniform Traffic Control Devices) and markings that show advance word messages (typ ,ally Bump) directly in advance of, or on, the hump. Pavement word and symbol markings should be installed in conformance with MUTCD guidelines. Guideline 6: Speec: amps shourc: not oe placed to interfere with access to underground utilities, impair winter ,ow remo ial operations or negatively impact existing drainage patterns for surface runo. in ;. . road surface. Guideline 7: Speed humps should not be installed within 100 feet of a roadway intersection. IV. Monitoring and Removal The Town, at its discretion, may elect to install temporary speed hump structures for evaluation of performance prior to completion of a permanent installation. The dates and duration of time that temporary speed humps are evaluated shall be determined by the Town. Installed speed humps are monitored for six months to a year. If safety problems develop due to installation, maintenance, or emergency issues, steps will be taken by the Town 5 Page 13 of 74 Engineering Department and Highway Department to modify the speed humps or remove the devices. If a safety problem does not exist, a request for removal of installed speed hump(s) can be submitted provided that 75% of households residing within the subject street segment support the request for removal. After proper review by Town staff and the Traffic Committee it remains within the Town's discretion to decide on removal of the humps and road restoration 6 Page 14 of 74 7. ul 1 rri Town of Mamaroneck in # x Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Authorization of Engineering Services Proposal Traffic Signal Replacement - Richbell Road & Palmer Avenue Date: March 8, 2024 Attached please find a memo from Robert Wasp, Town Engineer, requesting consideration of authorization of the consultant services agreement for the Traffic Signal Replacement at the intersection of Richbell Road & Palmer Avenue. Action Requested: Resolved that the Town Board hereby authorizes the consultant services agreement for the Traffic Signal Replacement at the intersection of Richbell Road & Palmer Avenue to Barton & Loguidice, D.P.C. in the amount of$37,200.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 15 of 74 u_r "v t; rn Town of Mamaroneck Engineering Department, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: March 7, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Authorization of Engineering Services Proposal Traffic Signal Replacement- Richbell Road& Palmer Avenue General: The enclosed consultant services agreement submitted by Barton & Loguidice, D.P.C. provides design development for replacement of the aged traffic signal at the intersection of Richbell Road & Palmer Avenue. The scope of services covers full design in addition to procurement and construction phase support as the engineer of record. The tentative schedule included with the proposal suggests design completion during summer 2024 with subsequent construction completion in summer 2025. Replacement of the traffic signal was included as part of the Town's multi-year traffic signal replacement plan. Funding for design and construction phases is available in capital budget line H3361. The submitted not-to-exceed fee of $37,200.00 remains consistent with the engineering soft costs allocated for the signal in the capital budget. The signal replacement scope includes review of signal timing and traffic patterns to identify upgrades, in addition to improvements to pedestrian facilities at this intersection. Please feel free to contact me with any questions. Attachment/s: 2024-01-23Richbell and Palmer Agreement Page 16 of 74 Barton &Ioguidice January 23, 2024 Ms. Carol Murray, P.E. Assistant Civil Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 RE: Professional Engineering and Construction Phase Services Subj: Richbell Road at Palmer Avenue Traffic Signal Replacement File: 703.4636 Dear Ms. Murray: Barton & Loguidice, D.P.C. (B&L) is pleased to offer you a Proposal for the Design of a traffic signal replacement at the intersection of Richbell Road and Palmer Avenue. We look forward to continuing our work with you to improve the transportation infrastructure in the Town. Attached to this letter is our proposed scope of services that include detailed ground survey, detailed design including development of construction plans and bid documents, bidding services and award support, and construction administration support. Additionally, we have included our technical assumptions, anticipated project schedule, and cost proposal to conduct the requested traffic signal design services. The scope of work outlines a project approach that corresponds to the included cost proposal. Scope of Services B&L will provide the following scope of services to complete the traffic signal design at the intersection of Rich bell Road at Palmer Avenue: 1. General and Administration a. Upon receipt of notice to proceed, B&L will attend a virtual informational gathering/kick-off meeting with the Town to confirm the schedule and the existing issues with the traffic signal. 2. Data Collection a. B&L will visit the project site two (2)times. The first site visit will be to gather information, check the detailed ground survey, observe the vehicle movements,transit services, and pedestrian flow through the intersection, and to deploy a traffic data camera to collect turning movement data. The second site visit will include retrieval of the traffic data camera. The experience to listen The power to p 10 Airline Drive,Suite 200,Albany,NY 12205• Office:518-218-1801■Fax:518-218-1805■ BartonandLoguidice.com 17�ge of 9)4 Ms. Carol Murray, P.E. Town of Mamaroneck January 23, 2024 Page 2 b. Survey operations for the Richbell Road at Palmer Avenue intersection will be completed by our proposed sub-consultant, CIVILTEC Engineering&Surveying. B&L will review the survey and provide comments to CIVILTEC for adjustment(if necessary). c. A detailed right-of-way boundary survey surrounding the intersection will be completed using property boundary maps currently on file at the County. Metes and bounds information will be plotted and/or correlated to property markers or monuments located on site during the survey process. The Town will provide any mapping documents that are currently on file at the Town, if available. If there are no maps available at the Town, B&L's subconsultant will obtain them from the County to be utilized with their survey submission. d. B&L's survey subconsultant will contact Dig Safe New York for design tickets and coordinate with Town and utility owner personnel for marking and/or utility record mapping. e. B&L's survey subconsultant will perform a topographic survey of the intersection site including approximately 100 ft. along each intersection approach as measured from the center of the intersection. f. B&L's survey subconsultant will set vertical and horizontal control on the Richbell Road at Palmer Avenue intersection site. g. B&L's survey subconsultant will prepare existing conditions basemapping of the Richbell Road at Palmer Avenue intersection. h. B&L will coordinate with the Westchester County Bee-Line Transit provider regarding the positioning of the existing bus stops and coordinate if they require relocation. 3. Preliminary Design: a. The Draft submittal (assumed 75%stage) will include: i. Title Sheet ii. General Notes iii. Maintenance and Protection of Traffic iv. General Plans v. Preliminary Construction Cost Estimate b. The Draft plans will be submitted to the Town for review. c. B&L will virtually meet with the Town to review the Draft submittal, prior to developing the Final construction documents. Comments received will be incorporated, as appropriate, into the final design package. 2024-01-22 Scope_Richbell and Palmer(ID 3046772) Page 18 of 74 Ms. Carol Murray, P.E. Town of Mamaroneck January 23, 2024 Page 3 d. B&L will virtually meet with the Westchester County Department of Public Works to review the Draft submittal, prior to developing the Final construction documents. Comments received will be incorporated, as appropriate, into the final design package in addition to permit documents for the contractor to complete/obtain prior to construction commencement. 4. Detailed Design and Construction Documents: a. The Final submittal (100%complete)will include: i. Title sheet ii. General notes, index, legends, and abbreviations iii. Table of estimated quantities iv. Maintenance and Protection of Traffic plans and details v. General Plans including locations of signal poles, heads, pullboxes, conduits, detectors, controllers, and striping modifications (with and without pedestrian accommodations) vi. Miscellaneous Details and Tables including timing plan,table of operations, and wiring diagram vii. Contract bid documents viii. Final construction cost estimate 5. Bid and Award a. Addressing potential bidder questions b. Issuing addendum(s) c. Reviewing bids d. Providing award recommendation to the Town. 6. Construction a. Construction administration b. Submittal review/approval c. Periodic on-site observation d. Development of record plans. Estimating and Technical Assumptions B&L has made the following technical assumptions associated with our fee proposal to complete the scope of services: 1. Assume one(1)virtual kick-off meeting with the Town. 2024-01-22 Scope_Richbell and Palmer(ID 3046772) Page 19 of 74 Ms. Carol Murray, P.E. Town of Mamaroneck January 23, 2024 Page 4 2. B&L will conduct one (1) site visit during the design phase to witness existing pedestrian and traffic operations, check the detailed ground and utility survey, and deploy the traffic data collection camera. The second trip will include retrieval of the camera for data processing. 3. Estimate one (1)subconsultants and 0 subcontractors will be required for this contract. 4. Assume no public information meetings will be required. 5. Aerial mapping will not be required. 6. In lieu of a control report a baseline with ties and/or some other means to provide control for the site will be provided with the overall survey. Applicable language, notes, and adjustments will be incorporated into the plan set. 7. Access to the site and vicinity for surveying and other tasks will not be limited. 8. Overhead and underground utilities are assumed to be present. Dig Safe NY(811) shall be contacted by the B&L or their survey subconsultant and underground utilities will be marked prior to field survey. B&L's survey subconsultant shall coordinate with utility owners to identify locations of underground utility infrastructure. The Town will initiate contact with Westchester County Joint Waterworks regarding sewer and/or water infrastructure in the project site, B&L will continue coordination beyond that point. 9. The project will be progressed in English units and design mapping will be provided in survey- feet. Contract plans will be on 11"x17" plans. 10. The Town will provide existing available drainage, sewer, and water main maps, plans, drawings for incorporation into the survey mapping. 11. Traffic counts will be collected and used to update the existing signal timing plan. 12. Accident reports will not be required. 13. Coordination with state/federal agencies or regulatory authority is not required or included in this contract. B&L will coordinate with the Westchester County Bee-Line Transit provider regarding the positioning of the existing bus stops and also Westchester County Department of Public Works for the Road Permit. 14. It is assumed that no environmental permitting is required. The project is assumed to be a SEAR Type II Action and no coordination with other interested and involved agencies is required. B&L will assist the Town with resolution development as part of the Type II Action, if requested. 15. Private property impacts are not included. If after the detailed ground survey, right-of-way boundary mapping, and preliminary design layout is completed, and private property impacts are necessary, B&L will add right-of-way acquisition services through a supplemental agreement. 16. Utility agreements and aerial wire relocation efforts are anticipated with traffic signal spanwire poles. The design of utility relocations and/or wire adjustments will be completed by the utility owners. Utility location by survey and UFPO are included. 2024-01-22 Scope_Richbell and Palmer(ID 3046772) Page 20 of 74 Ms. Carol Murray, P.E. Town of Mamaroneck January 23, 2024 Page 5 17. It is assumed that specialized foundations to avoid underground conflicts are not required. 18. Design compliance will confirm to the New York State Standard Sheets and Specifications, Manual on Uniform Traffic Control Devices (MUTCD), and the New York State Supplement to the MUTCD, unless otherwise indicated. 19. Two (2) design plan submittals (draft and final) are included. 20. The Town will provide B&L with standard boiler plate contract documents. B&L will update the boiler plate bid documents for this project and provide to the Town for review and comment. 21. Assume the Town will place the advertisement for bids. 22. B&L will provide bid documents to the Town in PDF format. The Town will distribute bid documents upon request from potential bidders and maintain a Plan Holder List. 23. The bid documents will include estimated quantities for one (1) base bid and no alternate bid items. The construction contract will require the bidders to provide unit bid prices for work items. 24. Assume one (1) addendum. B&L will address bidder comments and the addendum will be distributed by the Town. 25. Assume one (1) 3-week bidding period will be conducted. Any additional bidding, plan, and contract document revisions will be added to the contract by supplemental agreement. 26. Assume the Town will hold the Letting (bid opening) at Town Hall. Assume B&L will attend the bid opening virtually and/or have the Town distribute results electronically for B&L's review and recommendation. 27. Assume a total construction duration of four (4) months. Actual construction duration is anticipated to be one (1) month on site, although it is noted that currently there is an approximate 12-to-14-week lead time for delivery of traffic signal poles and controller equipment. 28. Construction administration includes one(1)virtual pre-construction meeting with the contractor and Town personnel. Discussions will consist of the contractor's adherence to the schedule, submittal, and material review/approval, one (1)contractor's payment recommendation, and interpretation and clarification of design plans and specifications. 29. Construction observation includes five (5) periodic part-time observation site visits of the quality of work and general conformance with the contract documents. Site visits will be coordinated with the Contractor's work schedule and will occur on days where milestone operations are completed (i.e. signal pole foundation layout,foundation concrete placement, pole setting, controller installation,final walk through). 30. Record plans will be completed in PDF and hard copy format. Assume one (1)full size and one (1) half size set of record plans. All underground conduit and wire locations will be the contractor's responsibility to properly locate and transmit to the engineer for as-bult drawings. 2024-01-22 Scope_Richbell and Palmer(ID 3046772) Page 21 of 74 Ms. Carol Murray, P.E. Town of Mamaroneck January 23, 2024 Page 6 31. Digital copies of the survey and detailed design can be provided in AutoCAD or MicroStation format, if requested. Anticipated Project Schedule Design Contract Authorization January 2024 Survey Deliverable March 2024 Draft Submittal April 2024 Town Review Draft Submittal April/May 2024 Final Submittal July 2024 Bidding September 2024 Contract Award October 2024 Pre-Construction Meeting October 2024 Material Procurement/Submittals October 2024 to February 2025 Construction Start March 2025 Construction Complete June 2025 Fee Estimate by Phase and Billing Rate Schedule For the general scope of services, technical assumptions, and anticipated project schedule presented above, B&L proposes to complete the project on a time plus expense basis for a maximum fee of Thirty- Seven Thousand Two-Hundred Dollars($37,200). An itemized effort hour estimate and billing rate schedule is included in support of the fee not-to-exceed, including estimated reimbursable expenses. Should you have any questions related to the enclosed materials, please contact me. Sincerely, Thomas C. Baird, P.E. Senior Associate PJ C/TC B/jj b Town of Mamaroneck Name (print): Title: Date: 2024-01-22 Scope_Richbell and Palmer(ID 3046772) Page 22 of 74 p 4g o oo 0 0 O O p N O O O O Q p co r N N O M co ON N CO O ^ O O p r r i ,2 ,,,,, v3try d m ,_ O O CO O O CO M N COO O11111 Q INC 69 V1 V1 EA EA EA EA V1 00 IN 7 O _ O N CO O • N I 1111 CN CO M TO 71V) V) EA Inm_ II ILOO 'O _O C fQ '_O N 3r M ,_ .4. ¢a To 0 CJ d' 0 c N Y O: O O ,-. d O U C_ d' N 10 CiIIia • NfC — 0 3 E N GO ? aDIIU O m d' W 8 1-4UfG fG N — C O w "0 N Ip E C C •'a+ O 0 CD co O j 2 a) 0 U to a) ,e/ Q o E N a Y O E co c tl M C 7 m 0 E N N NI (oII M M m H d 0 s1 FH a Ce o U c ) O O� E 1111 C CO coOO CO N IC) ON ? N CO a.• 11111_ CO 0 P O O � N O N N C R� O 7 M 11111111 N @ N N 0E 69 e» h d CO To • C• O co C Goo¢ 7)Q N o to toU U 0) 01 00 o E . 00 CO CO CJCO C C w w wO L L L p p O O a) a) a) 1 I Page 23 of 74 Estimate of Direct Non-Salary Cost Richbell Road and Palmer Avenue Traffic Signal Replacement Town of Mamaroneck 1. Travel,Lodging and Subsistence Trips to trips miles per Task 1 1 316 miles/trip 316 Task 2 1 316 miles/trip 316 Task 3 0 316 miles/trip 0 Task 4 0 316 miles/trip 0 Task 5 0 316 miles/trip 0 Task 6 5 316 miles/trip 1,580 Total Mileage 2,212 @ $0.655 $1,448.86 Tolls 7 $10 per trip $70.00 TOTAL TRAVEL,LODGING,&SUBSISTENCE $1,519 2. Reproduction,Drawings&Report each sheets/set sets Design Phases I-VI 11"x 17"Prints for Reports $0.18 0 0 $0.00 Prelim.Plans(11 x 17) $0.18 8 1 $1.44 Final Plans(11 x 17) $0.18 20 1 $3.60 Miscellaneous Copies $0.09 20 1 $1.80 Reports/Specifications $0.09 100 1 $9.00 TOTAL DRAWING,REPORT,REPRODUCTION $16 $16 3 0 months @ $15.00 per month $0 TOTAL DIRECT NON-SALARY COST(DNSC)= $1,535 4 Traffic Data Processing(1 PM Peak Period) $66 TOTAL ALL SUBCONTRACTOR COSTS= $1,601 Page 2 of 2 Page 24 of 74 CIVILTEC Engineering ° Surveying December 18, 2023 Barton & Loguidice, D.P.C. Peter J. Christiano, P.E. 10 Airline Drive, Suite 200 Albany,NY 12205 pchristiano@bartonandloguidice.com Re: Palmer Avenue and Richbell Road Traffic Signal Town of Mamaroneck; Westchester County,NY Dear Mr. Christiano, Pursuant to your communications with our office, Civil Tec Engineering& Surveying PC is pleased to provide this proposal for design survey and mapping services for the referenced project. The services provided will be in accordance with the information provided by your office (attached). Fee quoted is based upon prevailing wages for Westchester County. Design survey and mapping for this project will be completed for a Lump Sum Fee of$5,200.00. If the above is acceptable to you,we would appreciate you returning a Subcontractor's Agreement for execution. Thank you for the opportunity to submit this proposal. If you have any questions concerning the above,please contact me at your earliest convenience. Thank you. Very truly yours, 126,eitAA Rachel Barese, P.E. President Civil Tec Engineering & Surveying P.C. 139 Lafayette Avenue, 2nd Floor, Suffern, NY 10901 Tel 845.547.2241 Fax 845.547.2243 12 Avis Drive, Suite 5; Latham, NY 12110 Tel 518.250.5864 Civil-Tec.com Page 25 of 74 Palmer Avenue and Richbell Road Traffic Signal Town of Mamaroneck December 15, 2023 Project Limits / Location: • See attached Figure 1 for survey limits. • Bandwidth = 40 ft. on either side of existing road centerline (total width of 80 ft.) for both Palmer Avenue and Richbell Road. Design Survey: Topographic survey and mapping updates will be obtained by the Surveyor to perform the design and develop construction documents. A. Ground Survey The Surveyor will provide terrain data as required for design by means of a topographic field survey based on design requirements. Planimetric and Topographic Survey will locate and verify all prominent features and terrain within the expected project work area. Survey and mapping shall include at a minimum the following information: o Pavement edge, road center line, curb, gutter, pavement markings and stripes • Bottom face of curb, top face of curb, back of curb o Utility poles, pole numbers, guy wires o Utility wire elevations (electric, cable, fiber, telephone, etc.) o Overhead and underground utilities (Surveyor to contact Dig Safe and obtain record drawings to map existing underground infrastructure) • Overhead utility lines and connections • Surface evidence of underground utility systems including valves, meters, release valves, manholes, inlet grates, shutoffs, etc. o The Town is going to contact Westchester Joint Waterworks for sewer and water record information. B&L will provide any drawings to CIVILTEC for inclusion in the survey mapping. • Where underground utility surface features are located, the underground feature itself shall be shown and labelled (i.e. the storm/sanitary pipe between located manholes shall have the size, material, rim and invert elevations labeled and show the connection between manholes.) o Hydrants o Trees and shrubs (approximate diameter, deciduous/coniferous) and brush or forest edge line. o Fences, retaining walls, staircases. • Bottom face of wall, top face of wall, top back of wall • Bottom face of step, top face of step, etc. o Sidewalks, driveways Page 26 of 74 o Signs and associated sign face text o Mail and newspaper boxes o Drainage structures and inverts, swales, ditches and structure frame elevations, culvert pipes (material, size, invert) C. Standards Project control will conform to the following: Horizontal Project Control: • All horizontal coordinated will be New York State Plane Coordinate System based on North American Datum of 1983 (NAD 83). • Baseline ties will be included for all baseline points within the project limits. Ties shall be created with physical dimensions to existing surveyed features. Vertical Project Control: • Elevations shall be based on the North American Vertical Datum of 1988 (NAVD 88). Design Mapping The Surveyor will provide the design mapping (all text and line styles) at 1"=40' scale. Digital Mapping Deliverables: o The mapping will be delivered in MicroStation V8i format (.dgn) following NYSDOT format in a file that is in "Survey Feet" units. NYSDOT format criteria (including lines types, line weights and name) can be referenced on the NYSDOT website at: https://www.dot.ny.gov/divisions/engineering/design/dgab/hdm/hdm-repository/chapt 20.pdf. • Surveys developed in programs other than MicroStation shall not include entities or blocks. • All topographic symbols shall be placed using cells from the applicable nyu_plan_(contents).cel cell library or with line styles from the nyu_linestyle_2006.rsc custom line resource file (or latest Department released custom line resource file). • Cells and line styles shall be placed at an active scale of 1 for a 1":1" scale B size plot. A scale factor adjustment shall be made for files mapped at any scale, e.g., a scale factor of 480 would be used for files mapped at a scale of 1:480 (1"=40') for a B size plot. • Baseline alignments, centerline alignments, highway boundary lines, property lines, profiles, and cross sections shall be placed at elevation zero. • All text shall be placed at either elevation zero or at an elevation equal to that of the feature it is describing. • Text strings shall not overlap each other so that they become unreadable on a plot with all of the levels plotted. Point numbers for surveyed points may overlap. • See Exhibit 20-4 of the Highway Design Manual for Feature Style and Level Naming Convention • Text associated with a survey point shall be in a layer/level associated with the main survey feature layer/level. For example, text associated with curb shall be either RC_A, RC_I, RC_C and the feature layer/level shall be RC. • Survey points shall be included for all collected survey points and shall be on a separate level/layer than the text for that point, and different from the feature. Page 27 of 74 o A 3d base mapping file containing all topographical features at their respective elevations (elevation breaklines, curb lines, center of roadway, ditches, swales, pavement edge, etc.) shall be supplied by the Surveyor. o A 2d base mapping file containing descriptions, elevations, topographical features, contours, the ROW linework, baseline ties and diagrams for all benchmarks shall be supplied by the Surveyor. o A PDF of the completed survey shall be supplied. o A survey file on a border sheet is not required. Right of Way Survey o Determine the location of the existing highway boundary. Highway boundary will be incorporated into the base mapping. o All efforts will be made to recover property line markers and any permanent survey markers set by others. o The Surveyor will place ROW and easement lines on the plans, denoting the owner names, tax map numbers, and book/page of deed and list for each property on the ROW within the project limits. o Existing map information can be obtained from Westchester Records Online (https://wro.westchesterclerk.com/Login/Login.aspx?ReturnUrl=%2f) Technical Assumptions The following Technical Assumptions have been made for estimating the Project Fee. 1. The work is not subject to NYS DOL prevailing wages. 2. Aerial mapping will not be required. 3. At least one (1) benchmark will be established on the site. 4. Access to the site and vicinity for surveying and other tasks will not be limited. 5. Subsurface and overhead utilities are present. Dig Safe NY shall be contacted by the Surveyor and underground utilities will be marked prior to field survey. The Surveyor shall coordinate with utility owners to identify ALL locations of underground utility infrastructure. Utility mapping provided by the surveyor must be comprehensive and complete. 6. The project will be progressed in English units and in survey feet. 7. In lieu of a control report a baseline will be established, including baseline ties, and provided with the overall survey. 8. Right-of-way (ROW) boundary survey mapping is required. 9. Assume no right-of-way easements or acquisitions will be required for the project. If required, it will be added by Supplemental Agreement. 10. Assume 0 Days of supplemental survey is required. Page 28 of 74 ..v., r _, t - I.1' / .' 4iiiiiiiipe:. . - .- 411°1)/1 '-.• j: * Ali, .. -- . a .r ' :.. : ' ' ':( = II 1:t " 114 .sct r •, t+r' s '_ •- `r 1 • ya �•. y is ',+ • / CO i- I�w+ s,i'\ • '� •fi r • F a •16. '�..r t f,. ,—I SP • • 3 C- A_4 4 ar * • • • . i r ',J ' ' /;T- H N ., jamiaf - ii- 1111111111fti r . . 4 _. '�i . ,s0s*i°ir ' • a * ' C _ ` St ` ° L 4--I o U) dr .\,„ :_ *).-k,\;..... - ' '''n-eli " 404. :t _ ... i a) J I N a ,... I N.-- r,,,, '''''''''..."-,,,,7'1' , „.., .. . , co ,_, . , .. .. ( ) . • 0 / / . 4 -. - i 3 0 .i STANDARD TERMS AND CONDITIONS L. To the fullest extent permitted by law,Owner and Consultant(1)waive for against each other,and the other's employee's,officers,directors,agents,insurers, PROFESSIONAL CONSULTANT SERVICES partners,and consultants,any and all claims for or entitlement to special,incidental, provided by indirect,or consequential damages arising out of,resulting from,or in any way related to BARTON&LOGUIDICE,D.P.C.("Consultant") the Project,and(2)agree that Consultant's total liability to Owner under this Agreement shall be limited to$100,000 or the total amount of compensation received by Consultant pursuant to the PROPOSAL,whichever is greater,(the"Limitation Amount"),and The OWNER and the CONSULTANT,for themselves,their successors and assigns,have further,in no event shall the Limitation Amount exceed the amount of liability insurance mutually agreed and do agree with each other as follows: proceeds actually available to the Consultant for the claim at issue at the time of settlement or final judgment net of any and all expenses paid or incurred on the claim at 1.0 Basic Agreement issue,payments made or incurred in connection with other claims made against the Consultant shall provide,or cause to be provided,the Services set forth in the proposal Consultant,or any other circumstances which may reduce,impair,or eliminate the (PROPOSAL)to which these terms and conditions are attached,and Owner shall pay overall availability of such insurance to the Consultant.It is intended that these Consultant for such Services as set forth in PROPOSAL. The PROPOSAL,in limitations apply to any and all liability or cause of action. conjunction with these terms and conditions is referred to herein as"Agreement". 2.0 General Considerations 3.0 Payment for Services A. The standard of care for all professional or related services performed or Consultant will prepare a monthly invoice in accordance with Consultant's standard furnished by Consultant under this Agreement will be the care and skill ordinarily used invoicing practice and submit the invoice to Owner. Invoices are due and payable within by members of the subject profession practicing under similar circumstances at the same 30 days of the date of the invoice. Consultant may,without liability,after giving seven time and in the same locality. Consultant makes no warranties,express or implied,under days written notice to Owner,suspend services under this Agreement until Consultant has this Agreement or otherwise,in connection with Consultant's services. been paid in full all amounts due for services,expenses,and other related charges. B. Consultant shall commence to provide its services upon the full execution of this Agreement and shall provide those services within a reasonable time.In no event 4.0 Additional Services shall Consultant be obligated to perform services on a schedule which,in the Additional services may be required in Consultant's professional judgement because of Consultant's professional judgement,does not provide Consultant sufficient time to changes in the Project,or unforeseen circumstances. The Consultant shall furnish perform in accordance with the aforesaid standard of care. services in addition to those set forth in the PROPOSAL if mutually agreed by Owner C.All design documents prepared or furnished by Consultant are instruments of and Consultant. Owner shall pay Consultant for any Additional Services provided as service,and Consultant retains an ownership and property interest(including the follows: (1)as may be mutually agreed to in writing,or(2)in the absence of a mutual copyright and the right of reuse)in such documents,whether or not the Project is agreement an amount equal to the cumulative hours charged to the Project by each completed. Consultant grants Owner a limited license to use the instruments of service member or each class of Consultant's employees engaged in providing the Additional exclusively(1)performance of design or operation,(2)for Project construction as is the Services times the Consultant's hourly billing rates for each applicable billing class in intended purpose of the documents,and(3)for the purpose of maintenance and repair of effect at the time the Additional Services are performed;plus reimbursable expenses and the Project,or(4)other documents,reports,details and plans as defined in the project charges for Consultant's Subconsultants,if any. Scope of Work. D. Consultant shall not at any time supervise,direct,or have control over any 5.0 Dispute Resolution contractor's work,nor shall Consultant have authority over or responsibility for the Owner and Consultant agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice by either party of the existence of the dispute. means,methods,techniques,sequences,or procedures of construction selected or used by any contractor,for safety precautions and programs incident to a contractor's work If a dispute involves matters other than a claim by Consultant for payment of fees and the progress,nor for any failure of any contractor to comply with laws and regulations parties fail to resolve the dispute through negotiation then Owner and Consultant agree applicable to contractor's work. that they shall first submit any and all such unsettled claims,counterclaims,disputes,and other matters in question between them arising out of or relating to this Agreement or the E. Consultant neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in breach thereof("Disputes")to mediation by a mutually acceptable mediator. Owner and accordance with the contract between Owner and such contractor. Consultant agree to participate in the mediation process in good faith and to share the cost of the mediation equally.The process shall be conducted on a confidential basis,and F. Consultant shall not be responsible for the acts or omissions of any contractor,subcontractor,or supplier,or of any contractor's agents or employees or any shall be completed within 150 days of the date of notice by either party of the existence other persons(except Consultant's own employees)at the Project site or otherwise of the dispute. If such mediation is unsuccessful in resolving a Dispute,then(1)the furnishing or performing any construction work;or for any decisions regarding,or parties may mutually agree to an alternative dispute resolution of their choice,or(2) interpretations or clarifications of,the construction contract or Instruments of Service either party may seek to have the Dispute resolved by a court of competent jurisdiction. made by Owner or any third party without the advice and consultation of Consultant. G. If the Construction Contract Documents specifically require the Contractor 6.0 Accrual of Claims to provide professional design services or certifications by a design professional related All causes of action between the parties to this Agreement including those pertaining to to systems,materials,or equipment,the Consultant shall specify the appropriate acts,failures to act,or failures to perform in accordance with the obligations of the performance and design criteria that such services must satisfy.The Consultant shall Agreement or failures to perform in accordance with the standard of care shall be deemed review and take appropriate action on Shop Drawings and other submittals related to the to have accrued and the applicable statutes of limitations shall commence to run not later Work designed or certified by the Contractor's design professional,provided the than either the date of Substantial Completion for acts,failures to act or failures to submittals bear such professional's seal and signature when submitted to the Consultant. perform occurring prior to Substantial Completion,or the date of issuance of the Notice The Consultant's review shall be for the limited purpose of checking for conformance of Acceptability of Work(or similar notice of the final completion of the Project)for with information given and the design concept expressed in the Contract Documents.The acts,failures to act or failures to perform occurring after Substantial Completion. Consultant shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. 7.0 Controlling Law H. Unless otherwise included under this Agreement,the parties acknowledge This Agreement is to be governed by the law of the state in which the project is located. that Consultant's scope of services does not include any services related to a Hazardous Environmental Condition(the presence of asbestos,PCBs,petroleum,hazardous 8.0 Successors,Assigns,and Beneficiaries substances or waste,and radioactive materials). Owner represents to Consultant that,to Owner and Consultant each is hereby bound and the partners,successors,executors, the best of its knowledge,a Hazardous Environmental Condition does not exist at the administrators,and legal representatives of Owner and Consultant(and to the extent Site,except as expressly disclosed to the Consultant in writing. If Consultant or any permitted herein the assigns of Owner and Consultant)are hereby bound to the other other party encounters a Hazardous Environmental Condition,Consultant may,at its party to this Agreement and to the partners,successors,executors,administrators,and option and without liability for consequential or any other damages,suspend performance legal representatives(and said assigns)of such other party,in respect of all covenants, of services on the portion of the Project affected thereby until Owner: (i)retains agreements,and obligations of this Agreement. Neither Owner nor Consultant may appropriate specialist consultants or contractors to identify and,as appropriate,abate, assign,sublet,or transfer any rights under or interest(including,but without limitation, remediate,or remove the Hazardous Environmental Condition;and(ii)warrants that the moneys that are due or may become due)in this Agreement without the written consent Site is in full compliance with applicable Laws and Regulations. of the other,except to the extent that any assignment,subletting,or transfer is mandated I. The services to be provided by Consultant under this Agreement DO NOT or restricted by law. Unless specifically stated to the contrary in any written consent to INCLUDE advice or recommendations with respect to the issuance,structure,timing, an assignment,no assignment will release or discharge the assignor from any duty or terms or any other aspect of municipal securities,municipal derivatives,guaranteed responsibility under this Agreement. This provision shall not preclude Consultant from investment contracts or investment strategies.Any opinions,advice,information or retaining Subconsultants as it deems reasonably necessary for the completion of the recommendations provided by Consultant are understood by the parties to this Agreement services rendered hereunder. to be strictly engineering or other technical opinions,advice,information or recommendations. Consultant is not a"municipal advisor"as defined by 15 U.S.C.78o-4 9.0 Termination or the related rules of the Securities and Exchange Commission. The other parties to this If Consultant's services related to the project are terminated for any reason,Consultant Agreement should determine independently whether they require the services of a shall be compensated for time plus reasonable expenses associated with demobilizing municipal advisor. personnel and equipment,and,if requested in writing by the Owner,for completion of tasks whose value would otherwise be lost,to prepare notes as to the status of completed J. The Consultant shall not be required to execute certificates,guarantees, warranties or make representations that would,in its professional judgment,require and uncompleted tasks,and to assemble Project materials in orderly files. knowledge,services or responsibilities beyond the scope of this Agreement. K. When transmitting items in electronic media or digital format,the 10.0 Total Agreement/Severability transmitting party makes no representations as to long term compatibility,usability,or This Agreement,including any expressly incorporated Exhibits,constitutes the entire readability of the items resulting from the recipient's use of software application Agreement between Owner and Consultant and supersedes all prior written or oral packages,operating systems,or computer hardware differing from those used in the understandings. This Agreement may only be amended,supplemented,modified,or drafting or transmittal of the items,or from those established in applicable transmittal canceled by a duly executed written instrument. If any term or condition of this protocols. Agreement shall,to any extent,be found invalid,void or unenforceable,the remaining p provisions shall remain in full force and effect to the extent allowed 11 agebl3OvOf 74 Page 1 of 1 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Bid - TA-24-04 -Nancy Lane Storm Sewer Extension Date: March 14, 2024 Attached please find a memo from Robert Wasp, Town Engineer requesting consideration of award of bid TA-24-04 -Nancy Lane Storm Sewer Extension. Action Requested: Resolved that the Town Board hereby award the bid for the Nancy Lane Storm Sewer Extension received and opened on February 23, 2024 to Jablko Construction in the amount of $70,925.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 31 of 74 v u_r "v t; rn Town of Mamaroneck rl Engineering Department, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: March 14, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Bid - TA-24-04 -Nancy Lane Storm Sewer Extension General: Bid procurement was recently completed for the Nancy Lane Storm Sewer Extension project. The project scope involves the installation of two (2) new stormwater catch basins and underground piping connection to the existing storm sewer system on Palmer Avenue. Installation of the new Town drainage structures is intended to intercept surface runoff that regularly flows onto the Town roadway and creates an unsafe ice condition during winter weather. The new catch basins will also allow for future private drain connections to be permitted from the existing homes that currently illicitly discharge onto the road surface. On February 23, 2024, fifteen (15) bid proposals were received as summarized on the attached bid tabulation table. The lowest responsive proposal was determined to be provided from "Jablko Construction" at the submitted base bid price of $70,925.00. The submitted low-bid proposal was reviewed by Engineering staff. No errors or omissions that could potentially impact the viability of the submitted bid price have been identified at this time. References provided by the Contractor were contacted for review of their completed work performance. All references, that included area municipal clients, shared positive experiences during their work with Jablko Construction. Based upon these considerations, the Engineering Depailinent recommends authorization of contract award to Jablko Construction in the base bid contract amount of$70,925.00. Budget for the Nancy Lane Storm Sewer Extension was planned as part of capital project H5113. Funding currently available in the capital project is sufficient for award of this contract with additional contingency reserve for potential unforeseen conditions encountered during construction. Please feel free to contact me with any questions. Attachment/s: Tabulation TA-24-04 R1 Page 32 of 74 E a = z c ro z 4 W z E § § § § § N v. E N » o 4 W n `n U` E a v c v 74 .» .n E ro z ro E .n .n .n .n .n .n v. E E z z E V v ro U E n 'tl z ,a c a ro E rg 5 5 5 5 5 5 5 • ti W � Z 3 ° C p V W N Y °z E � z m G 0 O y c p o z 2 >: o a u 4ro P�PpONEO h x °M°t 3Ni 'p, p' = c uo X d 1 U 2 W x = o S m m ffi o 44 .? Ca .N W 3 C� m C W= b a' Fj g w E w w�' d w�' =E, p4 p4 a w w w E d a .a .a o o oEc vac d z zz z E zz a z z z3z z z z� A Page 33 of 74 Iii J J , , , , , , , , , , \ / z ~ 9 ! » , , , , , , , ° z LZ' \ ` , , \ - / 74 / \ .74 , I ` \ \ \ ° & ° ƒ\ \ } } J J ® & » / it t ®= ; () \ , ) Z , , , , ° , , , ` \f \\ \ \ ,(\ {)mob ® ! m 101 1' E ! t/ ! \{\; , , , , , ° } \ \\ \ \ — { } I ] ` ) 2 ! ) - - \ PQ § 4( 4/ ; j [ \ ) \ !/ /} ; / ) , « , / / ° 2 \ } \ ƒ ) ƒ \ :ODE ; }_{ \ (_ ! \ ) ) s 'ILA \\\ )+$/ / \ \\ \ \ ! }) }/ Page 34 0 74 7. ul 1 rri Town of Mamaroneck in # x Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: William Maker Jr., Town Attorney Re: Leaf Blower Law Date: March 8, 2024 At this time, this draft law is only intended for discussion purposes. Should the Board decide to set a public hearing, I recommend the following resolution: Action Requested: Resolved that the Town Board does hereby set the date for a Public Hearing on the "Separation of the Rules regarding the Outdoor Operation of Power Tools from the Rules regarding the Operation of Leaf Blowers, and the Phase-out of Gasoline-Powered Leaf Blowers" Law for April 10, 2024. Page 35 of 74 u_rt1;' 'rn Town of Mamaroneck Town Attorney, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 wmakerjr@townofmamaroneckNY.org Date: March 1, 2024 To: Meredith Robson, Town Administrator From: William Maker Jr., Town Attorney Subject: Leaf Blower Law General: The plan was to enact a law addressed solely to leaf blowers, specifically the eventual elimination of gas-powered leaf blowers. The problem is that the rules in the Town Code involving leaf blowers are intertwined with the rules regarding the outdoor use of other types of power tools. Much like threads of a sweater, one cannot remove one thread without unraveling the others. The solution is to disassociate the rules regarding the outdoor use of power tools from the rules regarding leaf blowers. The proposed local law (attached) does that and at the same time conforms the separate rules where consistency is warranted or appropriate. The second half of the proposed law (see "Article III Restrictions on the Operation of Leaf Blowers" on page 4 and beyond)is the stand-alone law for leaf blower. The Board has seen this text before. The first half of the proposed law teases out the rules on leaf blowers from the rules on power tools, makes some changes to the rules regarding the outdoor use of power tools and adds provisions that make it consistent with the leaf blower law. To aid the Board's review, I submit a copy of the current law which I have annotated with the proposed changes or have indicated the provisions proposed to be repealed and the provisions that would replace the repealed text. Attachment/s: 2024-03-15-LL NEW Page 36 of 74 Local Law No. -2024 This local law shall be known as the "Separation of the Rules regarding the Outdoor Operation of Power Tools from the Rules regarding the Operation of Leaf Blowers, and the Phase-out of Gasoline-Powered Leaf Blowers" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: In 1995, citing the unacceptable noise levels heard by residents in dozens of homes surrounding the site where power tools or gasoline-powered leaf blowers are being used, the negative impact of their constant use on the peace, quiet, health and welfare of the community, and noting that their use diminishes the quality of life in our community, the Town passed a local law that limited the use of such devices to certain months and to certain hours. Much more is now known about the effects of gasoline-powered leaf blowers upon the environment. They emit greenhouse gases into the atmosphere and noxious fumes at ground level that can be inhaled by persons and animals in the vicinity of their use. They generate a louder noise over a longer distance than leaf blowers that are not powered by internal combustion engines. Moreover, advances in technology have made electric-powered leaf blowers increasingly more efficient and a viable alternative to gas-powered ones. Accordingly, the Town Board finds that for the benefit of the overall the health and welfare of the community, the use of gasoline-powered leaf blowers in the unincorporated area of the Town of Mamaroneck should be phased out. Section 2-Amendment of a current article of the Mamaroneck Code: The title of Article II of Chapter 141 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Article II Restrictions on Outdoor Operation of Power Tools Section 3-Amendment of a current article of the Mamaroneck Code: Section 141-9 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §141-9 Title This article shall be known as "Restrictions on Outdoor Operation of Power Tools." Page 37 of 74 Section 4-Amendment of a current article of the Mamaroneck Code: Section 141-10 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 141-10 Purpose The purpose of this article is to reduce noise which is disturbing to individuals in their homes, on their property and in their workplaces. Noise from certain equipment, used out of doors, causes inconvenience to occupants of nearby property when such equipment is used during certain hours. Section 5-Amendment of a current article of the Mamaroneck Code: Section 141-11 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 141-11 Definition As used in this article, the following terms shall have the meanings indicated: PERSON An individual, a firm, an association, a partnership, a limited liability company or a corporation. POWER TOOL Any tool that is not operated solely by human muscular power, other than leaf blowers. Section 6-Amendment of a current article of the Mamaroneck Code: Section 141-12 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: The outdoor operation of any power tool in the unincorporated area of the Town, other than a power tool designed to remove snow, before 8:00 a.m. or after 9:00 p.m. on any weekday and before 10:00 a.m. or after 5:00 p.m. on Saturdays, Sundays and on New Year's Day, Dr. Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day,Veterans Day, Thanksgiving Day and Christmas Day shall be unlawful. 2 Page 38 of 74 Section 7-Amendment of a current article of the Mamaroneck Code: Section 141-13 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 141-13 Suspension of Title II In the case of a severe weather or non-weather-related event, the Supervisor, in such official's sole and unfettered discretion, may suspend this title for such period of time as the Supervisor deems necessary or desirable to protect the overall welfare of the residents of the unincorporated area of the Town. Section 8-Amendment of a current article of the Mamaroneck Code: The Code of the Town of Mamaroneck is amended by adding a new section 141-14 that reads as follows: § 141-14 Penalties for offenses A.A person shall be guilty of an offense if such person operates any power tool in violation of any provision of this title. B. A person shall be guilty of an offense if such person employs a person to operate any power tool and that person operates such tool or equipment in violation of any provision of this title. C. A person who owns or leases property where a violation of this title occurs shall be guilty of an offense. D. In any prosecution under this title, it is an affirmative defense that the person who owns the property where a violation of this title occurs (1) entered into an agreement with a tenant of such property that either allows the tenant to engage, or places upon the tenant the responsibility to engage persons to operate any power tool and (2) did not engage the persons who used such tool or equipment on the date and at the time specified in the summons issued to the owner. E. In any prosecution under this title, it is an affirmative defense that the person who leases the property where a violation of this title occurs (1) did not enter into an agreement with the owner of such property that either allows the tenant to engage, or places upon the tenant the responsibility to engage persons to operate any power tool and (2) did not engage the persons who used such tool or equipment on the date and at the time specified in the summons issued to the tenant. 3 Page 39 of 74 F. A person convicted of an offense under this title shall be punished as follows: 1. For the first offense during a calendar year, with a fine of not less than$125 and not more than $250, 2. For a second offense during the same calendar year, with a fine of not less than $250 and not more than$500, and 3. For additional offenses during the same calendar year, with a fine of$500 for each such offense. Section 9-Addition of a new article to Chapter 141 of the Code of the Town of Mamaroneck: The Code of the Town of Mamaroneck hereby is amended to add the following new article to Chapter 141 thereof. Article III Restrictions on the Operation of Leaf Blowers § 141- 15 Title This article shall be known as"Restrictions on the Operation of Leaf Blowers." § 141- 16 Purpose In 1995, citing the unacceptable noise levels heard by residents in dozens of homes surrounding the site where a gasoline-powered leaf blower is being used, the negative impact of their constant use on the peace, quiet,health and welfare of the community, and noting that their use diminishes the quality of life in our community, the Town passed a local law that limited the use of such devices to certain months and to certain hours. Much more is now known about the effects of gasoline-powered leaf blowers upon the environment. They emit greenhouse gases into the atmosphere and noxious fumes at ground level that can be inhaled by persons and animals in the vicinity of their use. They generate a louder noise over a longer distance than leaf blowers that are not powered by internal combustion engines. Moreover, advances in technology have made electric-powered leaf blowers increasingly more efficient and a viable alternative to gas-powered ones. Accordingly, the Town Board finds that for the benefit of the overall the health and welfare of the community, the use of gasoline-powered leaf blowers in the unincorporated area of the Town of Mamaroneck should be phased out. 4 Page 40 of 74 § 141-17 Definitions As used in this article, the following terms shall have the meanings indicated: GASOLINE-POWERED LEAF BLOWER Any leaf blower powered by an internal combustion engine which discharges a stream of forced air and which is used or designed to move grass, leaves, clippings, dust, dirt or other matter by blowing them with air emitted by such device. LEAF BLOWER Any motorized device that is used or designed to move grass, leaves, clippings, dust, dirt or other matter by blowing them with air emitted by such device. PERSON An individual, a firm, an association, a partnership, a limited liability company or a corporation. § 141-18 Restrictions A. Times of Day when Operation of Leaf Blowers is Unlawful. It shall be unlawful for any person in the unincorporated area of the Town to operate any leaf blower before 8:00 a.m. or after 9:00 p.m. on any weekday and before10:00 a.m. or after 5:00 p.m. on Saturdays, Sundays and on New Year's Day, Dr. Martin Luther King,Jr. Day, Presidents' Day, Memorial Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. B. Months of the Year when Operation of Leaf Blowers is Unlawful. The use of leaf blowers shall be unlawful in the unincorporated area of the Town from the first day of June through and including the thirtieth day of September of each year. C.Phase-out of Gasoline-Powered Leaf Blowers. On and after January 1, 2025, it shall be unlawful for any person in the unincorporated area of the Town to operate a gasoline-powered leaf blower. D. The restrictions contained in sections 141-18 A., B. and C. shall not apply to the Town of Mamaroneck, the County of Westchester, the State of New York, the Mamaroneck Union Free School District, utility companies or persons engaged by any of the foregoing to perform such work. E. The restriction contained in section 141-18 C. shall not apply to properties located in the zoning district known as the Recreation District: R. 5 Page 41 of 74 § 141-19 Suspension of Title III In the case of a severe weather or non-weather-related event, the Supervisor, in such official's sole and unfettered discretion, may suspend this title for such period of time as the Supervisor deems necessary or desirable to protect the overall welfare of the residents of the unincorporated area of the Town. § 141-20 Penalties for offenses A. A person shall be guilty of an offense if such person operates a leak blower in violation of any provision of this title. B. A person shall be guilty of an offense if such person employs a person to operate a leaf blower and that person operates such leaf blower in violation of any provision of this title. C. A person who owns or leases property where a violation of this title occurs shall be guilty of an offense. D. In any prosecution under this title, it is an affirmative defense that the person who owns the property where a violation of this title occurs (1) entered into an agreement with a tenant of such property that either allows the tenant to engage, or places upon the tenant the responsibility to engage persons who use leaf blowers and (2) did not engage the persons who used leaf blowers on the date and at the time specified in the summons issued to the owner. E. In any prosecution under this title, it is an affirmative defense that the person who leases the property where a violation of this title occurs (1) did not enter into an agreement with the owner of such property that either allows the tenant to engage, or places upon the tenant the responsibility to engage persons who use leaf blowers and (2) did not engage the persons who used leaf blowers on the date and at the time specified in the summons issued to the tenant. F. A person convicted of an offense under this title shall be punished as follows: 1. For the first offense during a calendar year, with a fine of not less than$125 and not more than $250, 2. For a second offense during the same calendar year, with a fine of not less than $250 and not more than$500, and 3. For additional offenses during the same calendar year, with a fine of$500 for each such offense. 6 Page 42 of 74 Section 10-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 11 -Effective Date: This Local Law shall become effective upon filing with the Secretary of State. March 15, 2024 7 Page 43 of 74 o ul `" m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Fire Claims Date: March 20, 2024 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 44 of 74 u_rt1;' 'rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: March 20, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Fire Claims General: Attached is the list of fire claims for approval. Attachment/s: FIRE CLAIMS 3-20-24 Page 45 of 74 Town of Mamaroneck From: Tracy Yogman - Town Comptroller Re: Fire Claims Date: March 20, 2024 The following Town of Mamaroneck Fire Department claims have been certified by Chief Thomas Broderick and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION Amount Battteries for CO meters,sheets for- new member, Dewalt battery, hearing protection &mounting hooks for Apparatus floor,chainsaw Amazon.Com parts $ 827.38 Humidifier for Career Staff,wall mount box, scraper, zip ties, desk Amazon.Com calendar,repairs to Notification Sys, ice rescue suit,thermostat 378.95 Repair of emergency repair the cooling system of the generator at Cummins Sales&Service the Firehouse 3,602.52 Fire End Croker Smith &Warren badges (22) 740.00 On The Job Embroidery&Apparel Winter hats(12) 192.00 Optimum Cable Services 2/23-3/22/24 277.50 Town of Mam'k Fire Dept Food for Department Drill 2/20/24 468.44 Town of Mam'k Fire Dept Food for Department Drill 3/6/24 171.62 UniFirst Corporation Cleaning Supplies 3/1/24 534.24 Verizon TMFD 300M Fios Redundant Circuit 1/25/24 289.99 Verizon TMFD 300M Fios Redundant Circuit 2/25/24 289.99 Village Pizza &Pasta Food for Fast Drill 2/28/24 79.80 Waterway Twin Tier LLC NFPA Annual Aerial Testing 975.00 Total $ 8,827.43 Page 46 of 74 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Resolution Waiving Penalties and Interest on Late Payments of Real Property Taxes Due to Alleged Criminal Activity Date: March 20, 2024 Attached is a memo from Town Comptroller, Tracy Yogman, regarding the recent increase in check fraud that has affected Town residents. Residents have reported receiving outstanding tax notices but believe they have paid their taxes on time. To remedy this unique situation resulting from criminal activity, we ask the Board to consider waiving the penalties and interest on the delinquent payments caused by fraudulent activity. A full resolution has been prepared by Town Attorney Maker for your consideration, and could be acted upon as follows: Action Requested: Resolved that the Town Board hereby approves the waiver of penalties and interest on delinquent payments caused by fraudulent activity as per the attached resolution. Page 47 of 74 u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: March 20, 2024 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Resolution Waiving Penalties and Interest on Late Payments of Real Property Taxes Due to Alleged Criminal Activity General: There has been a significant increase in check fraud over the past few years. Although check usage has declined, check fraud is a low-tech and relatively easy crime to pull off, and there is still a sizeable pool of potential victims. Fraudsters are removing the ink ("washing"), selling blank checks or writing in whatever they want. Recovering funds lost in these scenarios cannot be guaranteed, and any recovery depends on the receiving depository institution. If recovery is possible, it often takes more than six months. The Comptroller's office has become of aware of this issue when residents receive outstanding tax due notices but believe they have paid their taxes on time. Through no fault of their own, their checks have been washed and cashed to unknown recipients other than the Town. Penalties continue to accrue on the taxes owed in accordance with the law. In order to provide relief to those residents affected by this criminal activity, a resolution is proposed for the Town Board's consideration to authorize the Tax Receiver to waive the penalties and interest on these fraudulently cashed payments provided certain documentation is submitted to the Town. Attachment/s: Resolution Waiving Penalties and Interest on Late Payments of Real Property Taxes due to Alleged Criminal Activity-March 2024 Page 48 of 74 Resolution Waiving Penalties and Interest on Late Payments of Real Property Taxes Due to Alleged Criminal Activity On motion of Council , seconded by Council , the Town Board finds and approves the following: WHEREAS, there have been numerous occasions since the beginning of 2024 when checks to pay real property taxes have been mailed by taxpayers only to be intercepted, altered to change the payee and sometimes the amount (a process known as "washing") and fraudulently cashed, WHEREAS, as a result of this criminal activity, payments of real property taxes that otherwise would have been made before the imposition of interest and penalties have not been made, WHEREAS, the Receiver of Taxes is required by law to impose interest and penalties on late tax payments regardless of the circumstances that led to the delinquency, WHEREAS, because the law requires it, the Receiver of Taxes has been compelled to charge interest and penalties, or advise taxpayers that interest and penalties will be charged, on late tax payments even though the delay was through no fault of the taxpayer, WHEREAS, the Town Board determines that imposing interest and penalties when late payment is due to criminal activity in which the taxpayer played no part is not in the best interest of the Town, WHEREAS, these facts present a unique situation, WHEREAS, based upon the foregoing and acting pursuant to Real Property Tax Law §1182, it is the best interests of the Town to authorize the Receiver of Taxes,upon receipt of proper proof, to accept late payments of real property taxes without imposing interest and penalties. NOW THEREFORE,BE IT RESOLVED, that the Receiver of Taxes hereby is directed to accept late payments of real property taxes, without imposing interest and penalties, in full satisfaction of unpaid real property taxes if the taxpayer (1) provides a sworn statement that affirms (a) that a check was drawn for the purpose of paying the taxpayer's real property taxes, (b) that the check was mailed on or Page 49 of 74 before the last day when a real property tax can be paid without interest and penalties being imposed and (c) that the taxpayer was unaware that the check had been intercepted and altered until after the check was negotiated, (2)produces a copy of the check that the taxpayer claims was altered, and (3) presents proof that such check was negotiated, and (4) supplies proof that the institution upon which such check was drawn has reimbursed the taxpayer for the amount for which the check was drawn, and (5) signs a statement authorizing the Receiver of Taxes to contact the institution upon which such check was drawn for the sole purpose of confirming that such institution reimbursed the taxpayer for the amount for which the check was drawn, BE IT FURTHER RESOLVED, that upon receiving the aforementioned documentation from a taxpayer who has paid real property taxes with interest and penalties, the Receiver of Taxes is directed to waive or refund (if paid) such interest and penalties,without interest, to such taxpayer, and BE IT FURTHER RESOLVED, nothing in this resolution shall prevent the Receiver of Taxes, after consulting the Town Administrator and the Town Attorney, from collecting interest and penalties or refusing to refund same if the Receiver has a legitimate reason not to believe the taxpayer's sworn statement or that the check presented by the taxpayer had not been altered or was not drawn for the purpose of paying the taxpayer's real property taxes, and BE IT FURTHER RESOLVED, that the Receiver of Taxes shall advise anyone denied the relief authorized by this resolution that such person has the right to appeal such decision to the Town Board within twenty(20) days of being notified of the denial, and BE IT FURTHER RESOLVED, the direction and authority given to the Receiver of Taxes by this resolution shall expire without further action by the Town Board on August 31, 2024 except that after this resolution expires, the Receiver of Taxes shall refund interest and penalties to, 2 Page 50 of 74 or accept late payments of real property taxes without imposing interest and penalties, in full satisfaction of unpaid real property taxes from, taxpayers who complied with the requirements of this resolution before this resolution shall have expired, and BE IT FURTHER RESOLVED, that because this situation is unique and occasioned by criminal activity, the Town Board does not consider its action in this matter to be setting a precedent for dealing with other properties that are delinquent in payment of their real property taxes. The above resolution was put to a roll call vote: Nambiar Nichinsky King Fiddelman Elkind Eney March 8,2024 3 Page 51 of 74 7. ul 1 rri Town of Mamaroneck in # x Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Authorization of Engineering Services Proposal Traffic Signal Replacement - Richbell Road & Palmer Avenue Date: March 8, 2024 Attached please find a memo from Robert Wasp, Town Engineer, requesting consideration of authorization of the consultant services agreement for the Traffic Signal Replacement at the intersection of Richbell Road & Palmer Avenue. Action Requested: Resolved that the Town Board hereby authorizes the consultant services agreement for the Traffic Signal Replacement at the intersection of Richbell Road & Palmer Avenue to Barton & Loguidice, D.P.C. in the amount of$37,200.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 52 of 74 u_r "v t; rn Town of Mamaroneck Engineering Department, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: March 7, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Authorization of Engineering Services Proposal Traffic Signal Replacement- Richbell Road& Palmer Avenue General: The enclosed consultant services agreement submitted by Barton & Loguidice, D.P.C. provides design development for replacement of the aged traffic signal at the intersection of Richbell Road & Palmer Avenue. The scope of services covers full design in addition to procurement and construction phase support as the engineer of record. The tentative schedule included with the proposal suggests design completion during summer 2024 with subsequent construction completion in summer 2025. Replacement of the traffic signal was included as part of the Town's multi-year traffic signal replacement plan. Funding for design and construction phases is available in capital budget line H3361. The submitted not-to-exceed fee of $37,200.00 remains consistent with the engineering soft costs allocated for the signal in the capital budget. The signal replacement scope includes review of signal timing and traffic patterns to identify upgrades, in addition to improvements to pedestrian facilities at this intersection. Please feel free to contact me with any questions. Attachment/s: 2024-01-23Richbell and Palmer Agreement Page 53 of 74 Barton &Ioguidice January 23, 2024 Ms. Carol Murray, P.E. Assistant Civil Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 RE: Professional Engineering and Construction Phase Services Subj: Richbell Road at Palmer Avenue Traffic Signal Replacement File: 703.4636 Dear Ms. Murray: Barton & Loguidice, D.P.C. (B&L) is pleased to offer you a Proposal for the Design of a traffic signal replacement at the intersection of Richbell Road and Palmer Avenue. We look forward to continuing our work with you to improve the transportation infrastructure in the Town. Attached to this letter is our proposed scope of services that include detailed ground survey, detailed design including development of construction plans and bid documents, bidding services and award support, and construction administration support. Additionally, we have included our technical assumptions, anticipated project schedule, and cost proposal to conduct the requested traffic signal design services. The scope of work outlines a project approach that corresponds to the included cost proposal. Scope of Services B&L will provide the following scope of services to complete the traffic signal design at the intersection of Rich bell Road at Palmer Avenue: 1. General and Administration a. Upon receipt of notice to proceed, B&L will attend a virtual informational gathering/kick-off meeting with the Town to confirm the schedule and the existing issues with the traffic signal. 2. Data Collection a. B&L will visit the project site two (2)times. The first site visit will be to gather information, check the detailed ground survey, observe the vehicle movements,transit services, and pedestrian flow through the intersection, and to deploy a traffic data camera to collect turning movement data. The second site visit will include retrieval of the traffic data camera. The experience to listen The power to p 10 Airline Drive,Suite 200,Albany,NY 12205• Office:518-218-1801■Fax:518-218-1805■ BartonandLoguidice.com �4�ge of 9)4 Ms. Carol Murray, P.E. Town of Mamaroneck January 23, 2024 Page 2 b. Survey operations for the Richbell Road at Palmer Avenue intersection will be completed by our proposed sub-consultant, CIVILTEC Engineering&Surveying. B&L will review the survey and provide comments to CIVILTEC for adjustment(if necessary). c. A detailed right-of-way boundary survey surrounding the intersection will be completed using property boundary maps currently on file at the County. Metes and bounds information will be plotted and/or correlated to property markers or monuments located on site during the survey process. The Town will provide any mapping documents that are currently on file at the Town, if available. If there are no maps available at the Town, B&L's subconsultant will obtain them from the County to be utilized with their survey submission. d. B&L's survey subconsultant will contact Dig Safe New York for design tickets and coordinate with Town and utility owner personnel for marking and/or utility record mapping. e. B&L's survey subconsultant will perform a topographic survey of the intersection site including approximately 100 ft. along each intersection approach as measured from the center of the intersection. f. B&L's survey subconsultant will set vertical and horizontal control on the Richbell Road at Palmer Avenue intersection site. g. B&L's survey subconsultant will prepare existing conditions basemapping of the Richbell Road at Palmer Avenue intersection. h. B&L will coordinate with the Westchester County Bee-Line Transit provider regarding the positioning of the existing bus stops and coordinate if they require relocation. 3. Preliminary Design: a. The Draft submittal (assumed 75%stage) will include: i. Title Sheet ii. General Notes iii. Maintenance and Protection of Traffic iv. General Plans v. Preliminary Construction Cost Estimate b. The Draft plans will be submitted to the Town for review. c. B&L will virtually meet with the Town to review the Draft submittal, prior to developing the Final construction documents. Comments received will be incorporated, as appropriate, into the final design package. 2024-01-22 Scope_Richbell and Palmer(ID 3046772) Page 55 of 74 Ms. Carol Murray, P.E. Town of Mamaroneck January 23, 2024 Page 3 d. B&L will virtually meet with the Westchester County Department of Public Works to review the Draft submittal, prior to developing the Final construction documents. Comments received will be incorporated, as appropriate, into the final design package in addition to permit documents for the contractor to complete/obtain prior to construction commencement. 4. Detailed Design and Construction Documents: a. The Final submittal (100%complete)will include: i. Title sheet ii. General notes, index, legends, and abbreviations iii. Table of estimated quantities iv. Maintenance and Protection of Traffic plans and details v. General Plans including locations of signal poles, heads, pullboxes, conduits, detectors, controllers, and striping modifications (with and without pedestrian accommodations) vi. Miscellaneous Details and Tables including timing plan,table of operations, and wiring diagram vii. Contract bid documents viii. Final construction cost estimate 5. Bid and Award a. Addressing potential bidder questions b. Issuing addendum(s) c. Reviewing bids d. Providing award recommendation to the Town. 6. Construction a. Construction administration b. Submittal review/approval c. Periodic on-site observation d. Development of record plans. Estimating and Technical Assumptions B&L has made the following technical assumptions associated with our fee proposal to complete the scope of services: 1. Assume one(1)virtual kick-off meeting with the Town. 2024-01-22 Scope_Richbell and Palmer(ID 3046772) Page 56 of 74 Ms. Carol Murray, P.E. Town of Mamaroneck January 23, 2024 Page 4 2. B&L will conduct one (1) site visit during the design phase to witness existing pedestrian and traffic operations, check the detailed ground and utility survey, and deploy the traffic data collection camera. The second trip will include retrieval of the camera for data processing. 3. Estimate one (1)subconsultants and 0 subcontractors will be required for this contract. 4. Assume no public information meetings will be required. 5. Aerial mapping will not be required. 6. In lieu of a control report a baseline with ties and/or some other means to provide control for the site will be provided with the overall survey. Applicable language, notes, and adjustments will be incorporated into the plan set. 7. Access to the site and vicinity for surveying and other tasks will not be limited. 8. Overhead and underground utilities are assumed to be present. Dig Safe NY(811) shall be contacted by the B&L or their survey subconsultant and underground utilities will be marked prior to field survey. B&L's survey subconsultant shall coordinate with utility owners to identify locations of underground utility infrastructure. The Town will initiate contact with Westchester County Joint Waterworks regarding sewer and/or water infrastructure in the project site, B&L will continue coordination beyond that point. 9. The project will be progressed in English units and design mapping will be provided in survey- feet. Contract plans will be on 11"x17" plans. 10. The Town will provide existing available drainage, sewer, and water main maps, plans, drawings for incorporation into the survey mapping. 11. Traffic counts will be collected and used to update the existing signal timing plan. 12. Accident reports will not be required. 13. Coordination with state/federal agencies or regulatory authority is not required or included in this contract. B&L will coordinate with the Westchester County Bee-Line Transit provider regarding the positioning of the existing bus stops and also Westchester County Department of Public Works for the Road Permit. 14. It is assumed that no environmental permitting is required. The project is assumed to be a SEAR Type II Action and no coordination with other interested and involved agencies is required. B&L will assist the Town with resolution development as part of the Type II Action, if requested. 15. Private property impacts are not included. If after the detailed ground survey, right-of-way boundary mapping, and preliminary design layout is completed, and private property impacts are necessary, B&L will add right-of-way acquisition services through a supplemental agreement. 16. Utility agreements and aerial wire relocation efforts are anticipated with traffic signal spanwire poles. The design of utility relocations and/or wire adjustments will be completed by the utility owners. Utility location by survey and UFPO are included. 2024-01-22 Scope_Richbell and Palmer(ID 3046772) Page 57 of 74 Ms. Carol Murray, P.E. Town of Mamaroneck January 23, 2024 Page 5 17. It is assumed that specialized foundations to avoid underground conflicts are not required. 18. Design compliance will confirm to the New York State Standard Sheets and Specifications, Manual on Uniform Traffic Control Devices (MUTCD), and the New York State Supplement to the MUTCD, unless otherwise indicated. 19. Two (2) design plan submittals (draft and final) are included. 20. The Town will provide B&L with standard boiler plate contract documents. B&L will update the boiler plate bid documents for this project and provide to the Town for review and comment. 21. Assume the Town will place the advertisement for bids. 22. B&L will provide bid documents to the Town in PDF format. The Town will distribute bid documents upon request from potential bidders and maintain a Plan Holder List. 23. The bid documents will include estimated quantities for one (1) base bid and no alternate bid items. The construction contract will require the bidders to provide unit bid prices for work items. 24. Assume one (1) addendum. B&L will address bidder comments and the addendum will be distributed by the Town. 25. Assume one (1) 3-week bidding period will be conducted. Any additional bidding, plan, and contract document revisions will be added to the contract by supplemental agreement. 26. Assume the Town will hold the Letting (bid opening) at Town Hall. Assume B&L will attend the bid opening virtually and/or have the Town distribute results electronically for B&L's review and recommendation. 27. Assume a total construction duration of four (4) months. Actual construction duration is anticipated to be one (1) month on site, although it is noted that currently there is an approximate 12-to-14-week lead time for delivery of traffic signal poles and controller equipment. 28. Construction administration includes one(1)virtual pre-construction meeting with the contractor and Town personnel. Discussions will consist of the contractor's adherence to the schedule, submittal, and material review/approval, one (1)contractor's payment recommendation, and interpretation and clarification of design plans and specifications. 29. Construction observation includes five (5) periodic part-time observation site visits of the quality of work and general conformance with the contract documents. Site visits will be coordinated with the Contractor's work schedule and will occur on days where milestone operations are completed (i.e. signal pole foundation layout,foundation concrete placement, pole setting, controller installation,final walk through). 30. Record plans will be completed in PDF and hard copy format. Assume one (1)full size and one (1) half size set of record plans. All underground conduit and wire locations will be the contractor's responsibility to properly locate and transmit to the engineer for as-bult drawings. 2024-01-22 Scope_Richbell and Palmer(ID 3046772) Page 58 of 74 Ms. Carol Murray, P.E. Town of Mamaroneck January 23, 2024 Page 6 31. Digital copies of the survey and detailed design can be provided in AutoCAD or MicroStation format, if requested. Anticipated Project Schedule Design Contract Authorization January 2024 Survey Deliverable March 2024 Draft Submittal April 2024 Town Review Draft Submittal April/May 2024 Final Submittal July 2024 Bidding September 2024 Contract Award October 2024 Pre-Construction Meeting October 2024 Material Procurement/Submittals October 2024 to February 2025 Construction Start March 2025 Construction Complete June 2025 Fee Estimate by Phase and Billing Rate Schedule For the general scope of services, technical assumptions, and anticipated project schedule presented above, B&L proposes to complete the project on a time plus expense basis for a maximum fee of Thirty- Seven Thousand Two-Hundred Dollars($37,200). An itemized effort hour estimate and billing rate schedule is included in support of the fee not-to-exceed, including estimated reimbursable expenses. Should you have any questions related to the enclosed materials, please contact me. Sincerely, Thomas C. Baird, P.E. Senior Associate PJ C/TC B/jj b Town of Mamaroneck Name (print): Title: Date: 2024-01-22 Scope_Richbell and Palmer(ID 3046772) Page 59 of 74 p 4g o oo 0 0 O O p N O O O O Q p co r N N O M co ON N CO O ^ O O p r r i ,2 ,,,,, v3try d m ,_ O O CO O O CO M N COO O Q INC 69 V1 V1 EA EA EA EA V1 00 IN 7 O _ O N CO O • N I 1111 CN CO M TO 71V) V) EA Inm_ II ILOO 'O _O C fQ '_O N 3r M ,_ .4. ¢a To 0 CJ d' 0 c N Y O: O O ,-. d O U C_ d' N 10 CiIIia • NfC — 0 3 E N GO ? aDIIU O m d' W 8 1-4UfG fG N — C O w "0 N Ip E C C •'a+ O 0 CD co O j 2 a) 0 U to a) ,e/ Q o E N a Y O E co c tl M C 7 m 0 E N N NI (oII M M m H d 0 s1 FH a Ce o U c ) O O� E 1111 C CO coOO CO N IC) ON ? N CO a.• 11111_ CO 0 P O O � N O N N C R� O 7 M 11111111 N @ N N 0E 69 e» h d CO To • C• O co C Goo¢ 7)Q N o to toU U 0) 01 00 o E . 00 CO CO CJCO C C w w wO L L L p p O O a) a) a) 1 I Page 60 of 74 Estimate of Direct Non-Salary Cost Richbell Road and Palmer Avenue Traffic Signal Replacement Town of Mamaroneck 1. Travel,Lodging and Subsistence Trips to trips miles per Task 1 1 316 miles/trip 316 Task 2 1 316 miles/trip 316 Task 3 0 316 miles/trip 0 Task 4 0 316 miles/trip 0 Task 5 0 316 miles/trip 0 Task 6 5 316 miles/trip 1,580 Total Mileage 2,212 @ $0.655 $1,448.86 Tolls 7 $10 per trip $70.00 TOTAL TRAVEL,LODGING,&SUBSISTENCE $1,519 2. Reproduction,Drawings&Report each sheets/set sets Design Phases I-VI 11"x 17"Prints for Reports $0.18 0 0 $0.00 Prelim.Plans(11 x 17) $0.18 8 1 $1.44 Final Plans(11 x 17) $0.18 20 1 $3.60 Miscellaneous Copies $0.09 20 1 $1.80 Reports/Specifications $0.09 100 1 $9.00 TOTAL DRAWING,REPORT,REPRODUCTION $16 $16 3 0 months @ $15.00 per month $0 TOTAL DIRECT NON-SALARY COST(DNSC)= $1,535 4 Traffic Data Processing(1 PM Peak Period) $66 TOTAL ALL SUBCONTRACTOR COSTS= $1,601 Page 2 of 2 Page 61 of 74 CIVILTEC Engineering ° Surveying December 18, 2023 Barton & Loguidice, D.P.C. Peter J. Christiano, P.E. 10 Airline Drive, Suite 200 Albany,NY 12205 pchristiano@bartonandloguidice.com Re: Palmer Avenue and Richbell Road Traffic Signal Town of Mamaroneck; Westchester County,NY Dear Mr. Christiano, Pursuant to your communications with our office, Civil Tec Engineering& Surveying PC is pleased to provide this proposal for design survey and mapping services for the referenced project. The services provided will be in accordance with the information provided by your office (attached). Fee quoted is based upon prevailing wages for Westchester County. Design survey and mapping for this project will be completed for a Lump Sum Fee of$5,200.00. If the above is acceptable to you,we would appreciate you returning a Subcontractor's Agreement for execution. Thank you for the opportunity to submit this proposal. If you have any questions concerning the above,please contact me at your earliest convenience. Thank you. Very truly yours, 126,eitAA Rachel Barese, P.E. President Civil Tec Engineering & Surveying P.C. 139 Lafayette Avenue, 2nd Floor, Suffern, NY 10901 Tel 845.547.2241 Fax 845.547.2243 12 Avis Drive, Suite 5; Latham, NY 12110 Tel 518.250.5864 Civil-Tec.com Page 62 of 74 Palmer Avenue and Richbell Road Traffic Signal Town of Mamaroneck December 15, 2023 Project Limits / Location: • See attached Figure 1 for survey limits. • Bandwidth = 40 ft. on either side of existing road centerline (total width of 80 ft.) for both Palmer Avenue and Richbell Road. Design Survey: Topographic survey and mapping updates will be obtained by the Surveyor to perform the design and develop construction documents. A. Ground Survey The Surveyor will provide terrain data as required for design by means of a topographic field survey based on design requirements. Planimetric and Topographic Survey will locate and verify all prominent features and terrain within the expected project work area. Survey and mapping shall include at a minimum the following information: o Pavement edge, road center line, curb, gutter, pavement markings and stripes • Bottom face of curb, top face of curb, back of curb o Utility poles, pole numbers, guy wires o Utility wire elevations (electric, cable, fiber, telephone, etc.) o Overhead and underground utilities (Surveyor to contact Dig Safe and obtain record drawings to map existing underground infrastructure) • Overhead utility lines and connections • Surface evidence of underground utility systems including valves, meters, release valves, manholes, inlet grates, shutoffs, etc. o The Town is going to contact Westchester Joint Waterworks for sewer and water record information. B&L will provide any drawings to CIVILTEC for inclusion in the survey mapping. • Where underground utility surface features are located, the underground feature itself shall be shown and labelled (i.e. the storm/sanitary pipe between located manholes shall have the size, material, rim and invert elevations labeled and show the connection between manholes.) o Hydrants o Trees and shrubs (approximate diameter, deciduous/coniferous) and brush or forest edge line. o Fences, retaining walls, staircases. • Bottom face of wall, top face of wall, top back of wall • Bottom face of step, top face of step, etc. o Sidewalks, driveways Page 63 of 74 o Signs and associated sign face text o Mail and newspaper boxes o Drainage structures and inverts, swales, ditches and structure frame elevations, culvert pipes (material, size, invert) C. Standards Project control will conform to the following: Horizontal Project Control: • All horizontal coordinated will be New York State Plane Coordinate System based on North American Datum of 1983 (NAD 83). • Baseline ties will be included for all baseline points within the project limits. Ties shall be created with physical dimensions to existing surveyed features. Vertical Project Control: • Elevations shall be based on the North American Vertical Datum of 1988 (NAVD 88). Design Mapping The Surveyor will provide the design mapping (all text and line styles) at 1"=40' scale. Digital Mapping Deliverables: o The mapping will be delivered in MicroStation V8i format (.dgn) following NYSDOT format in a file that is in "Survey Feet" units. NYSDOT format criteria (including lines types, line weights and name) can be referenced on the NYSDOT website at: https://www.dot.ny.gov/divisions/engineering/design/dgab/hdm/hdm-repository/chapt 20.pdf. • Surveys developed in programs other than MicroStation shall not include entities or blocks. • All topographic symbols shall be placed using cells from the applicable nyu_plan_(contents).cel cell library or with line styles from the nyu_linestyle_2006.rsc custom line resource file (or latest Department released custom line resource file). • Cells and line styles shall be placed at an active scale of 1 for a 1":1" scale B size plot. A scale factor adjustment shall be made for files mapped at any scale, e.g., a scale factor of 480 would be used for files mapped at a scale of 1:480 (1"=40') for a B size plot. • Baseline alignments, centerline alignments, highway boundary lines, property lines, profiles, and cross sections shall be placed at elevation zero. • All text shall be placed at either elevation zero or at an elevation equal to that of the feature it is describing. • Text strings shall not overlap each other so that they become unreadable on a plot with all of the levels plotted. Point numbers for surveyed points may overlap. • See Exhibit 20-4 of the Highway Design Manual for Feature Style and Level Naming Convention • Text associated with a survey point shall be in a layer/level associated with the main survey feature layer/level. For example, text associated with curb shall be either RC_A, RC_I, RC_C and the feature layer/level shall be RC. • Survey points shall be included for all collected survey points and shall be on a separate level/layer than the text for that point, and different from the feature. Page 64 of 74 o A 3d base mapping file containing all topographical features at their respective elevations (elevation breaklines, curb lines, center of roadway, ditches, swales, pavement edge, etc.) shall be supplied by the Surveyor. o A 2d base mapping file containing descriptions, elevations, topographical features, contours, the ROW linework, baseline ties and diagrams for all benchmarks shall be supplied by the Surveyor. o A PDF of the completed survey shall be supplied. o A survey file on a border sheet is not required. Right of Way Survey o Determine the location of the existing highway boundary. Highway boundary will be incorporated into the base mapping. o All efforts will be made to recover property line markers and any permanent survey markers set by others. o The Surveyor will place ROW and easement lines on the plans, denoting the owner names, tax map numbers, and book/page of deed and list for each property on the ROW within the project limits. o Existing map information can be obtained from Westchester Records Online (https://wro.westchesterclerk.com/Login/Login.aspx?ReturnUrl=%2f) Technical Assumptions The following Technical Assumptions have been made for estimating the Project Fee. 1. The work is not subject to NYS DOL prevailing wages. 2. Aerial mapping will not be required. 3. At least one (1) benchmark will be established on the site. 4. Access to the site and vicinity for surveying and other tasks will not be limited. 5. Subsurface and overhead utilities are present. Dig Safe NY shall be contacted by the Surveyor and underground utilities will be marked prior to field survey. The Surveyor shall coordinate with utility owners to identify ALL locations of underground utility infrastructure. Utility mapping provided by the surveyor must be comprehensive and complete. 6. The project will be progressed in English units and in survey feet. 7. In lieu of a control report a baseline will be established, including baseline ties, and provided with the overall survey. 8. Right-of-way (ROW) boundary survey mapping is required. 9. Assume no right-of-way easements or acquisitions will be required for the project. If required, it will be added by Supplemental Agreement. 10. Assume 0 Days of supplemental survey is required. Page 65 of 74 ..v., r _, t - I.1' / .' 4iiiiiiiipe:. . - .- 411°1)/1 '-.• j: * Ali, .. -- . a .r ' :.. : ' ' ':( = II 1:t " 114 .sct r •, t+r' s '_ •- `r 1 • ya �•. y is ',+ • / CO i- I�w+ s,i'\ • '� •fi r • F a •16. '�..r t f,. ,—I SP • • 3 C- A_4 4 ar * • • • . i r ',J ' ' /;T- H N ., jamiaf - ii- 1111111111fti r . . 4 _. '�i . ,s0s*i°ir ' • a * ' C _ ` St ` ° L 4--I o U) dr .\,„ :_ *).-k,\;..... - ' '''n-eli " 404. :t _ ... i a) J I N a ,... I N.-- r,,,, '''''''''..."-,,,,7'1' , „.., .. . , co ,_, . , .. .. ( ) . • 0 / / . 4 -. - i 3 0 .i STANDARD TERMS AND CONDITIONS L. To the fullest extent permitted by law,Owner and Consultant(1)waive for against each other,and the other's employee's,officers,directors,agents,insurers, PROFESSIONAL CONSULTANT SERVICES partners,and consultants,any and all claims for or entitlement to special,incidental, provided by indirect,or consequential damages arising out of,resulting from,or in any way related to BARTON&LOGUIDICE,D.P.C.("Consultant") the Project,and(2)agree that Consultant's total liability to Owner under this Agreement shall be limited to$100,000 or the total amount of compensation received by Consultant pursuant to the PROPOSAL,whichever is greater,(the"Limitation Amount"),and The OWNER and the CONSULTANT,for themselves,their successors and assigns,have further,in no event shall the Limitation Amount exceed the amount of liability insurance mutually agreed and do agree with each other as follows: proceeds actually available to the Consultant for the claim at issue at the time of settlement or final judgment net of any and all expenses paid or incurred on the claim at 1.0 Basic Agreement issue,payments made or incurred in connection with other claims made against the Consultant shall provide,or cause to be provided,the Services set forth in the proposal Consultant,or any other circumstances which may reduce,impair,or eliminate the (PROPOSAL)to which these terms and conditions are attached,and Owner shall pay overall availability of such insurance to the Consultant.It is intended that these Consultant for such Services as set forth in PROPOSAL. The PROPOSAL,in limitations apply to any and all liability or cause of action. conjunction with these terms and conditions is referred to herein as"Agreement". 2.0 General Considerations 3.0 Payment for Services A. The standard of care for all professional or related services performed or Consultant will prepare a monthly invoice in accordance with Consultant's standard furnished by Consultant under this Agreement will be the care and skill ordinarily used invoicing practice and submit the invoice to Owner. Invoices are due and payable within by members of the subject profession practicing under similar circumstances at the same 30 days of the date of the invoice. Consultant may,without liability,after giving seven time and in the same locality. Consultant makes no warranties,express or implied,under days written notice to Owner,suspend services under this Agreement until Consultant has this Agreement or otherwise,in connection with Consultant's services. been paid in full all amounts due for services,expenses,and other related charges. B. Consultant shall commence to provide its services upon the full execution of this Agreement and shall provide those services within a reasonable time.In no event 4.0 Additional Services shall Consultant be obligated to perform services on a schedule which,in the Additional services may be required in Consultant's professional judgement because of Consultant's professional judgement,does not provide Consultant sufficient time to changes in the Project,or unforeseen circumstances. The Consultant shall furnish perform in accordance with the aforesaid standard of care. services in addition to those set forth in the PROPOSAL if mutually agreed by Owner C.All design documents prepared or furnished by Consultant are instruments of and Consultant. Owner shall pay Consultant for any Additional Services provided as service,and Consultant retains an ownership and property interest(including the follows: (1)as may be mutually agreed to in writing,or(2)in the absence of a mutual copyright and the right of reuse)in such documents,whether or not the Project is agreement an amount equal to the cumulative hours charged to the Project by each completed. Consultant grants Owner a limited license to use the instruments of service member or each class of Consultant's employees engaged in providing the Additional exclusively(1)performance of design or operation,(2)for Project construction as is the Services times the Consultant's hourly billing rates for each applicable billing class in intended purpose of the documents,and(3)for the purpose of maintenance and repair of effect at the time the Additional Services are performed;plus reimbursable expenses and the Project,or(4)other documents,reports,details and plans as defined in the project charges for Consultant's Subconsultants,if any. Scope of Work. D. Consultant shall not at any time supervise,direct,or have control over any 5.0 Dispute Resolution contractor's work,nor shall Consultant have authority over or responsibility for the Owner and Consultant agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice by either party of the existence of the dispute. means,methods,techniques,sequences,or procedures of construction selected or used by any contractor,for safety precautions and programs incident to a contractor's work If a dispute involves matters other than a claim by Consultant for payment of fees and the progress,nor for any failure of any contractor to comply with laws and regulations parties fail to resolve the dispute through negotiation then Owner and Consultant agree applicable to contractor's work. that they shall first submit any and all such unsettled claims,counterclaims,disputes,and other matters in question between them arising out of or relating to this Agreement or the E. Consultant neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in breach thereof("Disputes")to mediation by a mutually acceptable mediator. Owner and accordance with the contract between Owner and such contractor. Consultant agree to participate in the mediation process in good faith and to share the cost of the mediation equally.The process shall be conducted on a confidential basis,and F. Consultant shall not be responsible for the acts or omissions of any contractor,subcontractor,or supplier,or of any contractor's agents or employees or any shall be completed within 150 days of the date of notice by either party of the existence other persons(except Consultant's own employees)at the Project site or otherwise of the dispute. If such mediation is unsuccessful in resolving a Dispute,then(1)the furnishing or performing any construction work;or for any decisions regarding,or parties may mutually agree to an alternative dispute resolution of their choice,or(2) interpretations or clarifications of,the construction contract or Instruments of Service either party may seek to have the Dispute resolved by a court of competent jurisdiction. made by Owner or any third party without the advice and consultation of Consultant. G. If the Construction Contract Documents specifically require the Contractor 6.0 Accrual of Claims to provide professional design services or certifications by a design professional related All causes of action between the parties to this Agreement including those pertaining to to systems,materials,or equipment,the Consultant shall specify the appropriate acts,failures to act,or failures to perform in accordance with the obligations of the performance and design criteria that such services must satisfy.The Consultant shall Agreement or failures to perform in accordance with the standard of care shall be deemed review and take appropriate action on Shop Drawings and other submittals related to the to have accrued and the applicable statutes of limitations shall commence to run not later Work designed or certified by the Contractor's design professional,provided the than either the date of Substantial Completion for acts,failures to act or failures to submittals bear such professional's seal and signature when submitted to the Consultant. perform occurring prior to Substantial Completion,or the date of issuance of the Notice The Consultant's review shall be for the limited purpose of checking for conformance of Acceptability of Work(or similar notice of the final completion of the Project)for with information given and the design concept expressed in the Contract Documents.The acts,failures to act or failures to perform occurring after Substantial Completion. Consultant shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. 7.0 Controlling Law H. Unless otherwise included under this Agreement,the parties acknowledge This Agreement is to be governed by the law of the state in which the project is located. that Consultant's scope of services does not include any services related to a Hazardous Environmental Condition(the presence of asbestos,PCBs,petroleum,hazardous 8.0 Successors,Assigns,and Beneficiaries substances or waste,and radioactive materials). Owner represents to Consultant that,to Owner and Consultant each is hereby bound and the partners,successors,executors, the best of its knowledge,a Hazardous Environmental Condition does not exist at the administrators,and legal representatives of Owner and Consultant(and to the extent Site,except as expressly disclosed to the Consultant in writing. If Consultant or any permitted herein the assigns of Owner and Consultant)are hereby bound to the other other party encounters a Hazardous Environmental Condition,Consultant may,at its party to this Agreement and to the partners,successors,executors,administrators,and option and without liability for consequential or any other damages,suspend performance legal representatives(and said assigns)of such other party,in respect of all covenants, of services on the portion of the Project affected thereby until Owner: (i)retains agreements,and obligations of this Agreement. Neither Owner nor Consultant may appropriate specialist consultants or contractors to identify and,as appropriate,abate, assign,sublet,or transfer any rights under or interest(including,but without limitation, remediate,or remove the Hazardous Environmental Condition;and(ii)warrants that the moneys that are due or may become due)in this Agreement without the written consent Site is in full compliance with applicable Laws and Regulations. of the other,except to the extent that any assignment,subletting,or transfer is mandated I. The services to be provided by Consultant under this Agreement DO NOT or restricted by law. Unless specifically stated to the contrary in any written consent to INCLUDE advice or recommendations with respect to the issuance,structure,timing, an assignment,no assignment will release or discharge the assignor from any duty or terms or any other aspect of municipal securities,municipal derivatives,guaranteed responsibility under this Agreement. This provision shall not preclude Consultant from investment contracts or investment strategies.Any opinions,advice,information or retaining Subconsultants as it deems reasonably necessary for the completion of the recommendations provided by Consultant are understood by the parties to this Agreement services rendered hereunder. to be strictly engineering or other technical opinions,advice,information or recommendations. Consultant is not a"municipal advisor"as defined by 15 U.S.C.78o-4 9.0 Termination or the related rules of the Securities and Exchange Commission. The other parties to this If Consultant's services related to the project are terminated for any reason,Consultant Agreement should determine independently whether they require the services of a shall be compensated for time plus reasonable expenses associated with demobilizing municipal advisor. personnel and equipment,and,if requested in writing by the Owner,for completion of tasks whose value would otherwise be lost,to prepare notes as to the status of completed J. The Consultant shall not be required to execute certificates,guarantees, warranties or make representations that would,in its professional judgment,require and uncompleted tasks,and to assemble Project materials in orderly files. knowledge,services or responsibilities beyond the scope of this Agreement. K. When transmitting items in electronic media or digital format,the 10.0 Total Agreement/Severability transmitting party makes no representations as to long term compatibility,usability,or This Agreement,including any expressly incorporated Exhibits,constitutes the entire readability of the items resulting from the recipient's use of software application Agreement between Owner and Consultant and supersedes all prior written or oral packages,operating systems,or computer hardware differing from those used in the understandings. This Agreement may only be amended,supplemented,modified,or drafting or transmittal of the items,or from those established in applicable transmittal canceled by a duly executed written instrument. If any term or condition of this protocols. Agreement shall,to any extent,be found invalid,void or unenforceable,the remaining provisions shall remain in full force and effect to the extent allowed 11 eb67wof 74 Pagel of 1 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Bid - TA-24-04 -Nancy Lane Storm Sewer Extension Date: March 14, 2024 Attached please find a memo from Robert Wasp, Town Engineer requesting consideration of award of bid TA-24-04 -Nancy Lane Storm Sewer Extension. Action Requested: Resolved that the Town Board hereby award the bid for the Nancy Lane Storm Sewer Extension received and opened on February 23, 2024 to Jablko Construction in the amount of $70,925.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 68 of 74 v u_r "v t; rn Town of Mamaroneck rl Engineering Department, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 rwasp@townofmamaroneckNY.org Date: March 14, 2024 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer Subject: Bid - TA-24-04 -Nancy Lane Storm Sewer Extension General: Bid procurement was recently completed for the Nancy Lane Storm Sewer Extension project. The project scope involves the installation of two (2) new stormwater catch basins and underground piping connection to the existing storm sewer system on Palmer Avenue. Installation of the new Town drainage structures is intended to intercept surface runoff that regularly flows onto the Town roadway and creates an unsafe ice condition during winter weather. The new catch basins will also allow for future private drain connections to be permitted from the existing homes that currently illicitly discharge onto the road surface. On February 23, 2024, fifteen (15) bid proposals were received as summarized on the attached bid tabulation table. The lowest responsive proposal was determined to be provided from "Jablko Construction" at the submitted base bid price of $70,925.00. The submitted low-bid proposal was reviewed by Engineering staff. No errors or omissions that could potentially impact the viability of the submitted bid price have been identified at this time. References provided by the Contractor were contacted for review of their completed work performance. All references, that included area municipal clients, shared positive experiences during their work with Jablko Construction. Based upon these considerations, the Engineering Depailinent recommends authorization of contract award to Jablko Construction in the base bid contract amount of$70,925.00. Budget for the Nancy Lane Storm Sewer Extension was planned as part of capital project H5113. Funding currently available in the capital project is sufficient for award of this contract with additional contingency reserve for potential unforeseen conditions encountered during construction. Please feel free to contact me with any questions. Attachment/s: Tabulation TA-24-04 R1 Page 69 of 74 E a = z c ro z 4 W z E § § § § § N v. E N » o 4 W n `n U` E a v c v 74 .» .n E ro z ro E .n .n .n .n .n .n v. E E z z E V v ro U E n 'tl z ,a c a ro E rg 5 5 5 5 5 5 5 • ti W � Z 3 ° C p V W N Y °z E � z m G 0 O y c p o z 2 >: o a u 4ro P�PpONEO h x °M°t 3Ni 'p, p' = c uo X d 1 U 2 W x = o S m m ffi o 44 .? Ca .N W 3 C� m C W= b a' Fj g w E w w�' d w�' =E, p4 p4 a w w w E d a .a .a o o oEc vac d z zz z E zz a z z z3z z z z� A Page 70 of 74 Iii J J , , , , , , , , , , \ / z ~ 9 ! » , , , , , , , ° z LZ' \ ` , , \ - / 74 / \ , , I ` \ \ \ ° & ° ƒ\ \ } } J J ® & » / it t ®= ; () \ , ) Z , , , , ° , , , ` \f \\ \ \ ,(\ {)mob ® ! m 0 •0Ofl | \ E ! t/ ! \{\; , , , , , ° } \ \\ \ \ — { } I ] ` ) 2 ! ) - - \ PQ § 4( 4/ ; j [ \ ) \ !/ /} ; / ) , « , / / ° 2 \ } \ ƒ ) ƒ \ :ODE ; }_{ \ (_ ! \ ) ) s 'ILA \\\ )+$/ / \ \\ \ \ ! }) }/ Page 71 0 74 47, 1 m Town of Mamaroneck X Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: 2024 Town & County Tax Warrant Date: March 20, 2024 Attached please find the 2024 Town & County Tax Warrant prepared by Town Comptroller, Tracy Yogman. Page 72 of 74 u_rt1;' 'rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: March 15, 2023 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2024 Town & County Tax Warrant General: Attached is the 2024 Tax Warrant for the collection of Town and County taxes. The tax warrant is equal to the tax levy approved by the Town Board included in the 2024 Budget plus water arrears provided by the Westchester Joint Water Works. The 2024 Tax Warrant includes $38,391.02 of water arrears. The warrant includes a rounding adjustment that may need a minor adjustment. A final warrant will be provided at the board meeting. Attachment/s: 2024 TOWN & COUNTY TAX WARRANT Page 73 of 74 STATE OF NEW YORK COUNTY OF WESTCHESTER ] SS: TOWN OF MAMARONECK THE PEOPLE OF THE STATE OF NEW YORK To Tracy Yogman, Receiver of Taxes of the Town of Mamaroneck in said County: You are hereby commanded pursuant to the provision of the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, and also pursuant to resolution of the Town Board of the Town of Mamaroneck adopted March 20, 2024, by authority of Chapter 313 of Laws of 1934, to receive and collect from the several persons named in the Assessment/Tax Roll hereunto annexed by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, for the neglect to pay the Judicial, County, Town and Town District Taxes, relevies, charges for services, exemptions removed, water arrears and system rounding adjustment after the levy thereof as follows: Judicial and County Taxes - $39,979,925.00 Town and Town District Taxes - 31,887,970.00 Town Relevy - -0- Charges for Services - -0- Exemptions removed - -0- Water arrears - 38,391.02 System Rounding Adjustment - 8.87 $71,906,294.89 And you are hereby directed to deposit to the credit of the Town of Mamaroneck into the JP Morgan Chase Bank, all of such monies so collected by you by virtue of this warrant. And you are further commanded to make and file with the undersigned, the Supervisor of the Town of Mamaroneck, as required by the Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended, the reports provided for therein. And you are further directed and commanded to proceed as directed and authorized by said Westchester County Tax Law, Article 16, Chapter 852, Laws of 1948, as amended. And in case any person named in said Assessment Roll shall neglect or refuse to pay his taxes or penalties (after giving the notices and waiting the time as specified in said Act) you are hereby authorized to collect the said taxes and penalties with the costs and charges of such collections in the manner provided by the Westchester County Tax Law, Article 16, Chapter 852 of the Laws of 1948, as amended, and for so doing this shall be your sufficient warrant. Given under my hand and seal at the Town of Mamaroneck, Westchester County, New York, on the 20th day of March 2024. Jaine Elkind Eney, Supervisor Page 74 of 74