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2025_07_15 Town Board Meeting Packet
w 11) rri H FOUNDED1E.61 Town of Mamaroneck Town Board Agenda Tuesday, July 15, 2025 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 the Town of Mamaroneck Senior Center located at 1288 W Boston Post Rd, Larchmont, NY 10538. WORK SESSION ITEMS 1. Discussion - Housing Action Council Recertification Agreement 4 - 6 Housing Action Council Recertification Agreement - Pdf 2. Discussion - "Waiver of Fees for Renewing Variances or Site Plan 7 - 11 Approvals or Wetland Permits" Law "Waiver of Fees for Renewing Variances or Site Plan Approvals or Wetland Permits" Law - Pdf 3. Discussion - Proposed 2025 Water Rate Increase 12 - 14 Proposed 2024 Water Rate Increase - Pdf 4. Discussion - 2025 Capital Budget Amendments 15 - 18 2025 Capital Budget Amendments - Pdf 5. Discussion - Award of Bid - TA-25-08 Town Center Generator 19 - 22 Installation Award of Bid - TA-25-08 Town Center Generator Installation - Pdf 6. Discussion - Award of Bid - TA-25-09 "Senior Center Renovations" 23 - 27 Award of Bid - TA-25-09 - Senior Center Renovations - Pdf 7. Discussion - Consultant Selection for Rockland Ave Bridge 28 - 78 Superstructure Replacement— PIN# 8763.18 Consultant Selection for Rockland Ave Bridge Superstructure Replacement— PIN# 8763.18 - Pdf 8. Discussion - Outdoor Hommocks Pool Survey Results 9. Request for Executive Session 10. Changes to Regular Meeting Agenda 11. Updates 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting will convene in the Senior Center. The Public is able to Page 1 of 215 view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER SUPERVISOR'S REPORT PUBLIC HEARING(S) 1. Public Hearing - "Creation of new Parking Permits in the Town's Parking 79 - 82 Lots" law 2025-6-06-LL for TB 6 18 25 mtg 2025-07-15 PH New Parking RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire Claims 7-15-25 83 - 85 Fire Claims 7-15-2025 - Pdf 3. Fire Report 4. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of - Housing Action Council Recertification Agreement 86 - 88 Housing Action Council Recertification Agreement - Pdf 2. Consideration of - "Waiver of Fees for Renewing Variances or Site Plan 89 - 93 Approvals or Wetland Permits" Law "Waiver of Fees for Renewing Variances or Site Plan Approvals or Wetland Permits" Law - Pdf 3. Consideration of - Proposed 2025 Water Rate Increase 94 - 96 Proposed 2024 Water Rate Increase - Pdf 4. Consideration of - 2025 Capital Budget Amendments 97 - 100 2025 Capital Budget Amendments - Pdf 5. Consideration of - Award of Bid - TA-25-08 Town Center Generator 101 - 104 Installation Award of Bid - TA-25-08 Town Center Generator Installation - Pdf 6. Consideration of - Award of Bid - TA-25-09 "Senior Center Renovations" 105 - 109 Award of Bid - TA-25-09 - Senior Center Renovations - Pdf 7. Consideration of - Consultant Selection for Rockland Ave Bridge 110 - 160 Superstructure Replacement— PIN# 8763.18 Consultant Selection for Rockland Ave Bridge Superstructure Replacement— PIN# 8763.18 - Pdf 8. Consideration of - Agreement A 9. Consideration of - Agreement B Page 2 of 215 REPORTS OF MINUTES 1. Reports of Minutes 161 - 215 Reports of Minutes - Pdf REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT REGULARLY SCHEDULED MEETING - August 13, 2025 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 3 of 215 c 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 Re: Housing Action Council Recertification Agreement Date: July 15, 2025 Attached please find a renewal agreement from Chance Mullen, Executive Director of the Housing Action Council (HAC), for services related to qualifying and certifying applicants for affordable housing at the Cambium complex. Fees for these services have increased approximately 3% since 2024. If approved, HAC would continue to recertify subtenants and qualify prospective occupants as vacancies arise from July 1, 2025 - June 30, 2026. Action Requested: Resolved that the Town Board retroactively approves the agreement with Housing Action Council Inc. to provide qualifying and certification services for affordable housing units for the Cambium Condominiums based on the proposal dated June 25, 2025 as presented, and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Town of Mamaroneck Recertifications Agreement- Cambium 2025 UPDATED Page 4 of 215 Housing Action Council Inc. 55 South Broadway, 2nd Fl • Tarrytown • NY 10591 (914) 332-4144 • Fax (914) 332-4147 • chancem@affordablehomes.orq June 25, 2025 TO: Meredith S. Robson Town Administrator Town of Mamaroneck FROM: Chance Mullen Executive Director RE: Qualifying/Certifying of Households for Cambium (2025) Dear Administrator Robson, Thank you for requesting a proposal from Housing Action Council ("HAC")to provide services to the Town of Mamaroneck to qualify and certify individuals for affordable housing units. It is our understanding that the Cambium includes 9 affordable units that are currently occupied and 1 affordable unit that is currently vacant, and that current occupants must be recertified on an annual basis and that when vacancies occur, prospective occupants must be qualified. Affordable rental housing units developed pursuant to the Fair&Affordable Housing provisions of your Zoning Ordinance (§240-28)must be occupied by qualified households and their household incomes must be recertified annually.Affordable for-sale units must be initially occupied by qualified households, and no annual recertification is required. The Town has designated the County of Westchester("County")as the agency responsible for administering the Fair&Affordable Housing provisions,which includes affirmative marketing requirements, conducting the lottery and overall monitoring. It does not include income qualifications or recertification. It is our understanding that at this time no affordable housing units have been developed under this Code. The Housing Action Council has extensive experience in qualifying prospective applicants and recertifying tenants in affordable units including The Danforth in Dobbs Ferry, Saw Mill Lofts in Hastings-on-Hudson, and the City of New Rochelle Affordable Housing Program. Below is a description of our services: When supporting the lease-up of new or vacant units,the Housing Action Council qualifies applicants in the order of their lottery(and/or waitlist)number and household size.Applicants are assessed to determine the completeness of their applications and income qualification, in accordance with the relevant selection criteria. HAC follows HUD's Part V Determination of Income requirements. The following documents are reviewed: • Six(6)most recent paystubs • Federal Tax Returns with all schedules • W-2s and 1099s • If self-employed, Profit&Loss Statement • Most recent three months of all bank, credit union and investment statements • Most recent statement of social security benefits and/or other benefits statements • Most recent statement of annuity payments • Most recent statement of retirement fund accounts (e.g., 403(b) and 401(k)) Page 5 of 215 • Birth certificate, driver's license,passport,military ID, state issued ID cards or other appropriate documentation Qualified applicants will be offered a unit subject to the owner/manager's screening criteria in the case of tenancy or support securing a responsible mortgage in the case of for-sale units. The Housing Action Council is available to assist a purchaser through the mortgage approval process. For annual recertifications,the Housing Action Council will conduct a similar analysis for household income qualification and household composition. HAC will certify that the tenant's income does not exceed the applicable income threshold established for the unit, and if the income exceeds the relevant income threshold,HAC will advise the Town,and/or its designee, in accordance with the Policies and Procedures established for the unit. When applications are rejected from consideration due to the applicant not meeting the relevant income requirements (or if the household size exceeds the occupancy standard for the units available), applicants are notified in writing of the grounds for the rejection and are given 14 days from the date of the letter to request a meeting with a representative from HAC to discuss and/or review the rejection. If the applicant requests such a meeting,HAC will schedule a meeting with the applicant within five (5) days of such request. The applicant may bring additional data to support their appeal or present a verbal explanation of why they should not be denied occupancy. Factors taken into consideration include but are not limited to: evidence of rehabilitation or repair of the disqualifying act; length of time since the occurrence of the disqualifying act; evidence of additional income, savings or the availability of gift funds; or the likelihood of the reoccurrence of the disqualifying act.A written decision regarding the appeal will be provided to the applicant within five (5) days of the meeting. In addition,the Housing Action Council will: • Set up a database to determine timing of annual recertifications • Provide timely notices to tenants re: recertification • Collect and analyze income documents and follow-up with tenants as needed • Notify tenants of determination • Provide semi-annual and annual report to the Town of Mamaroneck,or its designee, regarding the status of current lease-ups, sales and/or recertifications Our current fee schedule is as follows: o Recertification of Existing Tenants in Affordable Rental Units -- $415/unit o Screening &Qualifying New Applicants for Affordable Rental Units -- $1,025/leased unit o Screening &Qualifying Applicants for For-Sale Affordable Units -- $2,600/closed unit Thanks again for the opportunity to continue our partnership. If the Town Board approves this arrangement, it shall be in effect for all 2025 recertifications and lease-ups. This agreement will be in effect as of July 1, 2025 and will expire when all tenants have been recertified for 2025 or June 30, 2026,whichever is earlier. If you have any questions or would like to further discuss this proposal,please do not hesitate to call or email me at chancem@affordablehomes.org. Sincerely, fioz, Chance Mullen Executive Director Page 6of215 c 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 Re: "Waiver of Fees for Renewing Variances or Site Plan Approvals or Wetland Permits" Law Date: July 15, 2025 Enclosed are the revisions to the proposed 'Waiver of Fees for Renewing Variances, Site Plan Approvals, or Wetland Permits" law as submitted by Town Attorney, William Maker. This was previously discussed at the May 7, 2025 Town Board meeting. If the Board finds this version suitable for public consideration, by law it is required to refer the matter to the Planning Board for review. Upon Planning Board approval, the Town Board may proceed to set a public hearing. Action Requested: RESOLVED, that the Town Board hereby refers the revised proposed local law "Waiver of Fees for Renewing Variances, Site Plan Approvals, or Wetland Permits" to the Planning Board for its review and recommendation, and upon receipt of such recommendation, may proceed to set a public hearing to consider its adoption. Attachment/s: 2025-6-26-Revised LL and mx to TB2 Page 7 of 215 o 0 Town of Mamaroneck Q ' County of Westchester •FOUNDED 1661 • 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914/ 381-7815 FAX: 914/381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Meredith S. Robson, Town Administrator Allison May, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Waiver of fess for land use approvals under limited circumstances Date: June 26,2025 At the Town Board's May 7th meeting, the Board referred to the Planning Board a proposed local law that will excuse payment of a fee to renew certain land use approvals. The Building Inspector pointed out to me that the law as proposed would not aid persons whose approvals already had expired. Consequently,I stopped the referral to the Planning Board to allow me to advise this Board of the Building Inspector's observation and to propose a variation for this Board to consider, my logic being that rather than ask the Planning Board to review two laws, it would be better for the Town Board to entertain (or reject) my suggestion so that the Planning Board will only have one proposed law to analyze. I attach a revised proposal which, in a redline of the law that the Board has seen, carves out an exception from the general rule, that to avoid having to pay fees, a request to extend must be made before an approval expires, for persons whose approvals already have or will expire in 2025 so long as they apply by January 30,2026(the 31st being a Saturday).Since the law,if enacted, will not go into effect until near the end of the third quarter of this year, at the earliest, this timeline affords a '2025 expiree' three to four months to take advantage of the exception. If the Town Board considers this revised law worthy of public discussion, it should refer it to the Planning Board.for a report as required by Mamaroneck Town Code§240-92B. Page 8 of 215 Local Law No. -2025 This local law shall be known as the "Waiver of Fees for Renewing Variances or Site Plan Approvals or Wetlands Permits" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: Variances, site plan approvals and wetland permits expire if building permits for the work they approved are not issued within a fixed time period. There are times when the Building Inspector cannot issue a building permit for the work authorized by a variance within the statutory time period because an agency outside the Town's jurisdiction (e.g. the Army Corps of Engineers) must grant its approval before the Building Inspector can act. Similarly, a property owner may obtain a variance to do restorative work necessitated by a natural disaster for which the owner is eligible for financial aid from an outside source but either the owner has not received such aid, or the outside source has not acted upon the property owner's request for such aid. These same situations occur for persons who have been issued site plan approvals (residential or commercial) or wetlands permits. To preserve their variances, site plan approvals or wetland permits, persons are required to pay a fee to renew them. The Town Board finds that a property owner should have one reprieve from having to pay a renewal fee when a building permit is not issued for one of the reasons recited above. Section 2—Addition of a new section to the Mamaroneck Code: The Code of the Town of Mamaroneck hereby is amended to add a new section 240-91 thereto. §240-91 Waiver of Fees under Certain Limited Circumstances. A. As used in this article, the following terms shall have the meanings indicated: Outside Agency A governmental agency that is not affiliated with or under the control of the Town. Town Approval A variance, a site plan approval granted pursuant to either Chapter 177 or Chapter 178 of the Code of the Town of Mamaroneck or a wetlands permit. Page 9of215 B. A person shall not be required to pay a fee for requesting the extension of a Town Approval if either (1) approval by an Outside Agency is required before a building permit can be issued for the work permitted by the Town Approval or (2) the application. for Town Approval arose out of a natural disaster which makes the owner or the applicant entitled to financial aid from a municipal agency and (i) the owner or the applicant has filed for the approval of such Outside Agency or for such financial aid and (if) the owner or the applicant produces satisfactory evidence to the Building Department showing that the approval from such Outside Agency or the approval of financial aid has been prosecuted diligently and either (lll) the approval of such Outside Agency has not been obtained or the claim for financial aid was approved but the owner or the applicant has not received such aid or (iv) a decision on whether the owner or the applicant is entitled to receive financial aid has not been made. C. A person is entitled to have the fee for requesting the extension of a Town Approval waived once for each Town.Approval that such person seeks to extend. D. To be eligible for an exemption from paying the fees for requesting the extension of a Town Approval, the holder of such approval must apply for such extension before the Town A royal. ex Tres. Notwithstandin7 a erson whose Town A roval ex ires durin 2025 shall. not be required to pay the fees for applying for the same Town Approval if such person would have been eligible for the exemption if a request for an extension had been made before such Town Approval had expired and the application for the same Town Approval is made no later than January 30, 2026, 2 Page 10 of 215 Section 3—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. May-2June 26,2025 3 Page 11 of 215 0 ul 1 rrl Town of Mamaroneck in # x Town Center FOUNDED 1661 i 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: Proposed 2025 Water Rate Increase Date: July 15, 2025 Attached please find a memo from Tracy Yogman regarding the proposed 2025 Water Rate increase. Action Requested: Resolved that the Town Board hereby authorizes an increase of 5% to be applied to all applicable water use rates charged by the Westchester Joint Water Works effective with the next month's water bill. Page 12 of 215 u_r "v t1; n 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.gov Date: July 15, 2025 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Proposed 2025 Water Rate Increase General: The Town is a member of the Westchester Joint Water Works (WJWW) that provides water to the unincorporated area of the Town and bills the residents directly based on usage at the rates authorized by the Town Board. WJWW uses the water revenue to fund all of its operating expenses. Water revenues fluctuate based on weather conditions and usage each year. WJWW has evaluated the water rates for the three WJWW participating Municipalities. At this time, the Town Board is being asked to consider a water rate increase of 10%. At the end of each fiscal year, WJWW distributes the net income of that year in the following fiscal year to the Village of Mamaroneck, the Town of Mamaroneck and the Town/Village of Harrison proportionately. It is estimated that the Town's share of approximately 35% of the net income for 2025 in the amount of $2.8 million will be distributed to the Town's Water District in 2026. That revenue is used to fund capital needs and debt service for water projects. The Rye Lake Filtration Plant is a multi-year project of $205 million and the Town's share will be $29.8 million, net of the Town's share of a $30 million EFC grant. The Town has bonded $12.5 million to date. It is anticipated that $3.4 million from fund balance will be used and that either a bond or an EFC loan for the additional $13.9 million will be issued over the next three calendar years. Borrowing evenly each year, over the next few years will level out the required water rate increases while providing the cash flow necessary to complete the project. The fund balance in the Town's Water District is anticipated to be $2.6 million at the end of 2025. In an effort to limit debt and keep water fee increases as low as possible for the Rye Lake Filtration Plant project, fund balance will be utilized as indicated above. Based on the Rye Lake Filtration Plant project, inflation and supply chain issues relating to materials and NYC water rate increases, it is prudent to consider an increase of 5% which is about half of the recommended increase. The fund balance will be sufficient with this increase to fund a portion of the Page 13 of 215 Rye Lake Filtration Plant. The average household annual water bill would increase from $1,702 to $1,787 or approximately $85 annually. Page 14 of 215 61' 47, 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 Re: 2025 Capital Budget Amendments Date: July 15, 2025 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding 2025 Capital Budget Amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 15 of 215 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 tyogman@townofmamaroneckNY.org Date: July 15, 2025 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2025 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2025 capital budget amendments are recommended for approval. 1. Town Center Generator (Project H1603) The bid award for the installation of the Town Center Generator came in at$17,077 higher than the available budget. A budget amendment is recommended below to transfer funds from the General Fund contingency to complete the project. 2. Park Lane Storage#2 (Project H1397) The funding for this project was initially planned to be funded through a bond issue. After a budget amendment, funding will now be on a cash basis. A small budget amendment is needed to fund advertising costs from the Water Fund contingency account. 3. Ice Rink BMS (Project H7219) The 2025 Adopted Budget included a project to upgrade the Honeywell Building Maintenance System (BMS) at the ice rink to alert staff of critical changes in the mechanical or HVAC system. After consulting with the technicians, it will take multiple phases at a cost of approximately $100k or more. The benefits of this upgrade do not warrant the investment. This project was funded through a cash transfer. A budget amendment is recommended below to return these funds to the Ice Rink Trust Fund. The Trust Fund will have a balance of$68,517.15 after these funds are returned. Page 16 of 215 Attachment/s: 2025 CAPITAL BUDGET AMENDMENTS - July 15, 2025 Page 17 of 215 2025 CAPITAL BUDGET AMENDMENTS Increase/ Item# Type Budget Account Description (Decrease) Amount Capital Rind(FUND H) 1 Fbvenue H1603-5031 Transfer from GeneralFund Increase 17,076.88 Expense H1603-0400 Town Center Generator Increase 17,076.88 2 Fbvenue H1397-4022 Park Lane aorage#2- Bond exp Increase 207.60 Expense H1397-5038 Transfer from Water Fund Increase 207.60 3 Fbvenue H7219-2705 Gfts/Donations- Ice IRnkTrust Decrease (30,000.00) Expense H7219-0400 Ice Fink BMS Decrease (30,000.00) GalEF AL FUND(FUND A) 1 Expense A9900-9950 Transfer to Capital (H1603) Increase 17,076.88 Expense A1900-4050 Contingency Decrease (17,076.88) WATER FUND(FUND SW) 2 Expense Sh9900-9950 Transfer to Capital (H1397) Increase 207.60 Expense SVv8340-4050 Contingency Decrease (207.60) Page 18 of 215 c 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.gov To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Award of Bid- TA-25-08 Town Center Generator Installation Date: July 15, 2025 Attached please find a memo from Robert Wasp, Town Engineer, regarding the award of bid for TA- 25-08 - Town Center Generator Installation. In order to fully fund this project, Comptroller Tracy Yogman has requested a capital budget amendment of$17,077.00. Action Requested: Resolved that the Town Board hereby awards Bid TA-25-08 - Town Generator Installation to Naber Electric Corp. for the base bid amount of $333,333.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 19 of 215 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: July 15, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Award of Bid- TA-25-08 Town Center Generator Installation General: Bid procurement was recently completed for the site preparation and installation work for the previously ordered Town Center Generator. Based upon the extensive lead time for equipment, the Town purchased the new generator unit and automatic transfer switch (ATS) through the Sourcewell cooperative contract in 2024. The current bid scope provides new concrete slabs, underground utility trenchwork, electrical modifications and startup/testing for the new generator installation. On June 12th, 2025, three (3) bid proposals were received as summarized on the attached bid tabulation table and separate recommendation memorandum prepared by the Town design consultant "EDR". The lowest responsive bid proposal was received from Naber Electric Corp. in the amount of $333,333.00. References provided for Naber Electric Corp. shared positive feedback on their past completed contract work. No other errors or omissions have been identified during the review process for the contractor's bid. Naber Electric acknowledged this project is a single contract and will be responsible for all scopes of work as well as accepting delivery for both the generator and ATS off site. The Engineering Department recommends the authorization of contract award Naber Electric Corp. based upon their submitted base bid amount of$333,333.00. Funding for the Town Center Generator Installation project was budgeted as part of capital project H1603. Additional funding in the amount of $17,077.00 is required through a capital project amendment to fully fund the contract award. No additional expenses are anticipated at this time to necessitate a larger budget amendment. Please feel free to contact me with any questions. Attachment/s: Final Bid TabulationTA-25-08-061225 EDR Town Center Award Letter Page 20 of 215 j \ \ \\ a,4 ) / \ / ) } fO ; z . \ }} / 2w \ 2 { w q rq \ ) \ CD \ E 0 \ ! 0• a » ( � e § ) ; w ua ) \ NEC K �^ 4,4" ; / Page 21 of 215 CDR June 24, 2025 Robert P. Wasp, P.E. Town Engineer Town of Mamaroneck 740 West Boston Post Road RE: Town Center Generator Contract# TA-25-08 EDR Project No. L2310 Dear Mr. Wasp: There were three (3) bids submitted for the Town Center Generator project, Contract TA-25-08. The bids ranged from the low bid of $333,333.00 to 47,4784.00. The apparent low bidder is Naber Electric Corp. Bids were also received from J.T. Oronzio, $469,000; and E-J Electric Installation Co., $477,784.00. EDR has contacted Awni Naber, President of Naber Electric Corp. Naber Electric has indicated they have taken no exceptions to the bid and will provide all materials and labor to install the pre-purchased generator and automatic transfer switch. Naber Electric noted they understand the project is single contract and they will include all required excavation, concrete and site work, as well as accepting delivery for the generator and ATS off site. We, therefore, recommend the bid to be awarded to Naber Electric Corp. in the amount of$333,333.00. Sincerely, -- 0 John Dulak Senior Electrical Engineer EDR 12 Water Street,Suite 202,White Plains,NY 10601 914.607.7944 www.edrdpc.com Page 22 of 215 c 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: Robert P. Wasp, Town Engineer Re: Award of Bid- TA-25-09 "Senior Center Renovations" Date: July 15, 2025 Attached please find a memo from Town Engineer, Rob Wasp, requesting consideration of award of bid TA-25-09 "Senior Center Renovations." You may recall that this work has previously bid on two occasions and was rejected twice due to costs that exceeded budget estimates. Further evaluation, value engineering measures and project phasing have now brought the cost within budget estimates, however, the scope of work is now largely just interior. Exterior work is still needed and will be addressed as a future project. We are recommending award to Lisi Contracting, Inc. Action Requested: Resolved that the Town Board hereby awards Bid TA-25-09 Senior Center Renovations to Lisi Contracting,Inc. for the base bid plus Add Alternate#1 for a total cost not to exceed $726,199.09 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 23 of 215 u_r "v t; n Town of Mamaroneck 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: July 15, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Award of Bid- TA-25-09 "Senior Center Renovations" General: Bid procurement was recently completed for the Town Senior Center Renovations project. The project scope consists of various interior renovations in the Center's Activity Room, Foyer, and Front Porch. New heating, ventilation and air conditioning (HVAC) and energy efficiency upgrades comprise the majority of the interior renovation scope of work. Necessary work for asbestos material mitigation was incorporated to the project due to completed material testing results. Previous bid proposals were rejected by the Town Board in July 2024 and February 2025. Exterior building improvements that were included in the previous bid advertisement have been postponed for consideration as a future capital project. The interior work scope has also been modified through value engineering to reduce costs while maintaining critical components. On May 22nd, 2025, nine (9) bid proposals were received as summarized on the attached bid tabulation table and separate recommendations memorandum prepared by Town architectural consultant"Lewis & Lewis". The lowest price proposal received from "Unified Commercial Alliance Group Limited" was found to have significant omissions and has requested to withdraw their unresponsive bid proposal accordingly. The lowest responsive, responsible bid proposal was received from "Lisi Contracting, Inc. at the submitted base bid price of$713,159.09. References provided by Lisi shared positive feedback on their completed projects that include commercial and institutional facility renovations. Lisi has also confirmed their understanding of the required specifications for the Senior Center project. Bid proposals were submitted with three add Alternates to provide the Town opportunity to include additional discretionary renovations in the award. Add Alternate #1 includes replacement of(6) rear facing windows in the activity room area, while Alternates #2 and#3 consist of replacement of plaster ceilings, decorative trim and installation of new LED lighting inside respective portions of the Activity Room and Foyer. The presence of ACM in the existing ceiling compound drives the cost- premium for Alternates #2 & #3. Replacement of the (6) windows in Alternate #1 is advisable to be completed while the rear wall is opened for the installation of new required insulation. The Page 24 of 215 Engineering Department recommends the authorization of contract award for the base bid with add Alternate#1 to Lisi Contracting at the total award amount of$726,199.09, accordingly. Funding for the Senior Center Renovations project was budgeted as part of capital project H6758. Additional contingency for moving costs and temporary facilities during construction have been considered in conjunction with the capital project. The available budget in H1614 is sufficient to fully fund the recommended contract award and contingency reserve. Please feel free to contact me with any questions. Attachment/s: Tabulation TA-25-09 Senior Center F Ltr to R Wasp Re Lisi TA-25-09 Page 25 of 215 } \\ \ a ) ( / \`g - , \ '-',- .L.' `/7 ,g11, \\ -g. \ \ \ \ \ \ 3°a ! \ \\ \ \ \ / \ \ \ \ )` ` \ \\ ' P § I I \ I 3 2 \ \\ \ \ \ \ \ \ \ / ® \\}\ \ \ \ _\ \ \ \ !! ] ` ` ` ` a / ] \\ \ ( )) / ` ( / / / } \ . \ ƒlb \ / - } k E; 2 ; Z j' = 'a' , ,j: " E ){ \ \ \\ \\ )\ \)\ \ _ j ) l K? ) ! / \ }\ : \; : a ®\e 5a \ , } \) /)} �°% P \ ! ! j | j \ � , \ \\ \ \` » 2 \ 9 . 9 . / / - ; = e Page 2 of 215 LEWIS + LEWIS ARCH ITECTS 144 Larchmont Ave Phone: 914-315-6454 Larchmont, New York 10538 Email: paige@lewisandlewisarchitects.com June 12, 2025 Robert Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 W. Boston Post Road Mamaroneck, NY 10543 Re: Contractor Recommendation - Lisi Contracting Inc. (Contract #TA-25-09) Dear Rob, At your request we have contacted the references provided by Lisi Contracting, Inc. ("Lisi") to investigate their and track record in the role of general contractor for projects of similar scope to the proposed Senior Center Renovations project (Contract #TA-25-09). The references provided uniformly positive feedback and indicated that Lisi has demonstrated the ability to meet project timelines and maintain budget discipline. Communication from the firm was described as clear and consistent, and any issues that arose during the work were ably resolved, according the references that we spoke to. Accordingly, and on this basis, we have no concerns and recommend that the Town proceed with contracting with Lisi for the project. Best regards, 1 Paige Lewis, AIA Lewis + Lewis Architects Page 1 of 1 Page 27 of 215 c 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 Re: Consultant Selection for Rockland Ave Bridge Superstructure Replacement — PIN# 8763.18 Date: July 15, 2025 Attached please find a memo from Town Engineer, Rob Wasp requesting authorization to hire consultants Hudson Valley Engineering Associates (HVEA Engineers) to support the Rockland Avenue Bridge Replacement project. You may recall that specific procedures for the procurement of consultant services must be followed as part of the awarded NYSDOT BridgeNY grant funding. Approximately 61% ($171,589.00) is anticipated to be eligible for reimbursement as part of the BridgeNY grant allocation. Action Requested: Resolved that the Town Board hereby authorizes the contract with Hudson Valley Engineers Associates for engineering support to the Town on the Rockland Avenue Bridge Superstructure Replacement — PIN# 8763.18 project for the amount of $280,553.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 28 of 215 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: July 15, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Consultant Selection for Rockland Ave Bridge Superstructure Replacement— PIN# 8763.18 General: The Town was previously awarded grant funding in the amount of $769,000 towards the Rockland Avenue Bridge Superstructure Replacement project. Specific procedures for the procurement of consultant services must be followed as part of the awarded NYSDOT BridgeNY funding. Chapter 6 of the NYSDOT Procedures for Locally Administered Federal Aid Projects (PLAFAP) outlines these requirements that include selection criteria and consultant DBE participation goals that must be adhered to for expenses to be eligible for reimbursement under the grant. The Town advertised a request for qualifications (RFQ) following the NYSDOT's template to prequalified firms on the Region 8 - New York State County Highway Superintendent's Association (NYSCHSA) list. Two (2) proposals were received in response from the fifteen (15) firms identified on the list. Consultant proposals were reviewed and ranked by the Engineering Department following a scoring rubric considering the technical expertise,project specific approach and experience with the NYSDOT BridgeNY program. Please refer to the enclosed scoring rubric tabulation. The proposal from Hudson Valley Engineering Associates (HVEA Engineers) was determined to be most qualified based upon our rankings and previous experience working with the Town through the Waverly Avenue Bridge Replacement. The Town held proposal scoping sessions with HVEA Engineers on April 3rd and June 17th, 2025. The provided contract proposal dated June 17th includes preliminary and detailed design work in addition to right-of-way incidentals consistent with the NYSDOT requirements. The contract fee total is $280,553.00, of which $171,589.00 is anticipated to be eligible for reimbursement as part of the BridgeNY grant allocation. The Engineering Department recommends consideration of contract authorization with HVEA Engineers to support the project. Funding for the Rockland Avenue Bridge project is budgeted as part of Town Capital Project H5050. Sufficient budget is available to authorize the recommended contract award. It is acknowledged that Page 29 of 215 escalation of construction costs will likely exceed the project estimate that was developed at the time of grant application. The Town and it's consultant(s) will pursue opportunities to obtain additional funding for the project through the design development process. Please feel free to contact me with any questions. Attachment/s: RFQ Rankings_03 312025 Rockland Ave Contract 20250617 Page 30 of 215 \ G s « \ M Q j \ \ { % \ \ \ 0 LT § 2 & 3 3 3 w © - N § % / - # > 2 2 \ \ / J • \ 3 < w - © Q N m / \ occ - / E r § 3 3 < \ # u « Q ® ° # - 3 ' / @ \ / 2 2 § \ \ ƒ \ 0 N ct A CI).' / \ 3 3 3 < © © 3 \ . � \ \ § t o k / ) [ § \ / \ \ a) 2 / § J / / 9 \ \ \ § 0 \ 00 k ± Q •_ & 0 6 2 / '5 0 $ @ o ) \ 0 m $ k S = 2 3 E / % $ / Q \ \ 2 ® asm \ / \ d / § \ / ±& \ H 5 R_! Page 31 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Architectural/ Engineering Consultant Contract Municipal Contract No. Agreement made this day of , by and between The Town of Mamaroneck (Municipal Corporation) Having its principal office at 740 West Boston Post Road, Mamaroneck, New York 10543 (the "Municipality') and HVEA Engineers with its office at 560 Route 52, Beacon, New York 12508 (to be known throughout this document as the "Consultant") WITNESSETH: WHEREAS, in connection with a federal-aid project funded through the New York State Department of Transportation ("NYSDOT") identified for the purposes of this contract as Rockland Avenue Bridge Superstructure Replacement (as described in detail in Attachment A annexed hereto, the "Project") the Sponsor has sought to engage the services of a Consultant Engineer) to perform the scope of services described in Attachment B annexed hereto; and WHEREAS, in accordance with required consultant selection procedures, including applicable requirements of NYSDOT and/or the Federal Highway Administration ("FHWA"), the Sponsor has selected the Consultant to perform such services in accordance with the requirements of this Contract; and WHEREAS, , is authorized to enter this Contract on behalf of the Sponsor, NOW, THEREFORE, the parties hereto agree as follows: ARTICLE 1. DOCUMENTS FORMING THIS CONTRACT This contract consists of the following: • Agreement Form - this document titled "Architectural/Engineering Consultant Contract"; • Attachment "A" - Project Description and Funding; • Attachment "B" —Scope of Services; • Attachment "C" - as applicable, Staffing Rates, Hours, Reimbursables and Fee. 1 Page 32 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement ARTICLE 2. SCOPE OF SERVICES/STANDARD PRACTICES AND REQUIREMENTS 2.1 The CONSULTANT shall render all services and furnish all materials and equipment necessary to provide the Sponsor with plans, estimates and other services and deliverables more specifically described in Attachment "B". 2.2 The CONSULTANT shall ascertain the applicable practices of the Sponsor, NYSDOT and/or FHWA prior to beginning any of the work of this PROJECT. All work required under this Contract shall be performed in accordance with these practices, sound engineering standards, practices and criteria, and any special requirements, more particularly described in Attachment "B". 2.3 The CONSULTANT will commence work no later than ten (10) days after receiving notice to proceed from the Sponsor. ARTICLE 3. COMPENSATION METHODS, RATES AND PAYMENT As full compensation for Consultant's work, services and expenses hereunder the Sponsor shall pay to the CONSULTANT, and the CONSULTANT agrees to accept compensation based the methods designated and described below. Payment of the compensation shall be in accordance with the Interim Payment procedures shown in the table and the final payment procedure in Article 6. 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Z �cf � - U 0 Cto c 0 � E ,� 'le, E iv ,- O0 $V, p co U W A o o OZ W o o 0 U E "C O ci) N L .••• - • cu Z 4-1 O O aW a) O •�, ,_ �' ' N s, L N m E • c 4) : O D V) E• N fir a --- o c% M c M 1- �• ' ® - Page 35 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement ARTICLE 4. INSPECTION The duly authorized representatives of the Sponsor, and on Federally aided projects, representatives of the NEW YORK STATE DEPARTMENT OF TRANSPORTATION and the FEDERAL HIGHWAY ADMINISTRATION, shall have the right at all times to inspect the work of the CONSULTANT. ARTICLE 5. AUDITS 5.1 Payment to the Consultant is subject to the following audit rights of the Sponsor: A. For Cost Plus Fixed Fee Method - All costs are subject to audit, i.e. labor, direct non- salary, overhead, and fee. B. For Specific Hourly Rate Method - Labor hours and direct non-salary costs are subject to audit. If elements subject to audit are less than $300,000, an audit may be waived by the Sponsor. C. For Lump Sum Cost Plus Reimbursables Method - Only direct non-salary costs are subject to audit. If elements subject to audit are less than $300,000, an audit may be waived by the Sponsor. 5.2 In order to enable the Sponsor to process the final payment properly and expeditiously, the CONSULTANT is advised that all of the following documents and submissions, as the same may be appropriate to this contract, are considered to be necessary to enable the commencement of the audit. A. Records of Direct Non-Salary Costs; B. Copies of any subcontracts relating to said contract; C. Location where records may be examined; and D. Name, address, telephone number of person to contact for production. The application for final payment is not considered complete until receipt of these documents and information. ARTICLE 6. FINAL PAYMENT 6.1 The Sponsor will make final payment within sixty (60) calendar days after receipt of an invoice which is properly prepared and submitted, and all appropriate documents and records are received. 6.2 The acceptance by the CONSULTANT of the final payment shall operate as and shall be a release to the Sponsor from all claims and liability to the CONSULTANT, its representatives and assigns for any and all things done, furnished for or relating to the services rendered by the CONSULTANT under or in connection with this Contract or for any part thereof except as otherwise provided herein. 5 Page 36 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement ARTICLE 7. EXTRA WORK 7.1 Consultant's performance of this Contract within the compensation provided shall be continuously reviewed by the CONSULTANT. The CONSULTANT shall notify the Sponsor of the results of those reviews in writing by submittal of a Cost Control Report. Such Cost Control Report shall be submitted to the Sponsor on a monthly basis or such alternative interval as the Sponsor directs in writing. 7.2 If the CONSULTANT is of the opinion that any work the CONSULTANT has been directed to perform is beyond the scope of the PROJECT Contract and constitutes extra work, the CONSULTANT shall promptly notify the Sponsor, in writing, of this fact prior to beginning any of the work. The Sponsor shall be the sole judge as to whether or not such work is in fact beyond the scope of this Contract and constitutes extra work. In the event that the Sponsor determines that such work does constitute extra work, the Sponsor shall provide extra compensation to the CONSULTANT in a fair and equitable manner. If necessary, an amendment to the PROJECT CONTRACT, providing the compensation and describing the work authorized, shall be prepared and issued by the Sponsor. In this event, a Supplemental Agreement providing the compensation and describing the work authorized shall be issued by the Sponsor to the CONSULTANT for execution after approvals have been obtained from necessary Sponsor officials, and, if required from the Federal Highway Administration. 7.3 In the event of any claims being made or any actions being brought in connection with the PROJECT, the CONSULTANT agrees to render to the Sponsor all assistance required by the Sponsor. Compensation for work performed and costs incurred in connection with this requirement shall be made in a fair and equitable manner. In all cases provided for in this Contract for the additional services above described, the Sponsor's directions shall be exercised by the issuance of a separate Contract, if necessary. ARTICLE 8. CONSULTING LIABILITY The CONSULTANT shall be responsible for all damage to life and property due to negligent acts, errors or omissions of the CONSULTANT, his subcontractors, agents or employees in the performance of his service under this Contract. Further, it is expressly understood that the CONSULTANT shall indemnify and save harmless the Sponsor from claims, suits, actions, damages and costs of every name and description resulting from the negligent performance of the services of the CONSULTANT under this Contract, and such indemnity shall not be limited by reasons of enumeration of any insurance coverage herein provided. Negligent performance of service, within the meaning of this Article, shall include, in addition to negligence founded upon tort, negligence based upon the CONSULTANT's failure to meet professional standards and resulting in obvious or patent errors in the progression of his work. Nothing in this Article or in this Contract shall create or give to third parties any claim or right of action against the Sponsor beyond such as may legally exist irrespective of this Article or this Contract. The CONSULTANT shall procure and maintain for the duration of the work for such project(s), Professional Liability Insurance in the amount of One Million Dollars ($1,000,000) per project, issued to and covering damage for liability imposed on the CONSULTANT by this Contract or law arising out of any negligent act, error, or omission in the rendering of or failure to render professional services required by the Contract. The CONSULTANT shall supply any certificates 6 Page 37 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement of insurance required by the Sponsor and adhere to any additional requirements concerning insurance. ARTICLE 9. WORKER'S COMPENSATION AND LIABILITY INSURANCE This contract shall be void and of no effect unless the CONSULTANT shall secure Workman's Compensation Insurance for the benefit of, and keep insured during the life of this contract, such employees as are necessary to be insured in compliance with the provisions of the Workman's Compensation Law of the State of New York. The CONSULTANT shall secure policies of general and automobile liability insurance, and maintain said policies in force during the life of this contract. Said policies of insurance shall protect against liability arising from errors and omissions, general liability and automobile liability in the performance of this contract in the sum of at least$1,000,000.00 (One Million dollars) each. The CONSULTANT shall furnish a certified copy of said policies to the Sponsor at the time of execution of this contract. ARTICLE 10. INTERCHANGE OF DATA All technical data in regard to the PROJECT existing in the office of the Sponsor or existing in the offices of the CONSULTANT shall be made available to the other party to this Contract without expense to such other party. ARTICLE 11. RECORDS RETENTION The CONSULTANT shall establish and maintain complete and accurate books, records, documents, digital files, accounts and other evidence directly pertinent to performance under this contract (collectively called the "Records"). The Records must be kept for a minimum of six (6) years or three (3) years after final payment is received, whichever is later. The Sponsor, State, Federal Highway Administration, or any authorized representatives of the Federal Government, shall have access to the Records during normal business hours at an office of THE CONSULTANT within the State of New York or, a mutually agreeable reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. ARTICLE 12. DAMAGES AND DELAYS The CONSULTANT agrees that no charges or claim for damages shall be made by him for any delays or hindrances from any cause whatsoever during the progress of any portion of the services specified in this Contract. Such delays or hindrances, if any, shall be compensated for by an extension of time for such reasonable period as the Sponsor may decide, it being understood however, that the permitting of the CONSULTANT to proceed to complete any services or any part of them after the date of completion or after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the Sponsor of any of its rights herein. Nothing in this ARTICLE will prevent the CONSULTANT from exercising his rights under ARTICLE 7 of this contract. ARTICLE 13. TERMINATION 7 Page 38 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement The Sponsor shall have the absolute right to terminate this Contract, and such action shall in no event be deemed a breach of contract: A. for convenience of the Sponsor - if a termination is brought about for the convenience of the Sponsor and not as a result of unsatisfactory performance on the part of the CONSULTANT, final payment shall be made based on the basis of the CONSULTANT'S compensable work delivered or completed prior to and under any continuing directions of such termination. B. for cause - if the termination is brought about as a result of the Sponsor's determination of unsatisfactory performance or breach of contract on the part of the CONSULTANT, the value of the work performed by the CONSULTANT prior to termination shall be established by the percent of the amount of such work satisfactorily delivered or completed by the CONSULTANT to the point of termination and acceptable to the Sponsor, of the total amount of work contemplated by the PROJECT CONTRACT. ARTICLE 14. DEATH OR DISABILITY OF THE CONSULTANT In case of the death or disability of one or more but not all the persons herein referred to as CONSULTANT, the rights and duties of the CONSULTANT shall descend upon the survivor or survivors of them, who shall be obligated to perform the services required under this Contract, and the Sponsor shall make all payments due to him, her or them. In case of the death or disability of all the persons herein referred to as CONSULTANT, all data and records pertaining to the PROJECT shall be delivered within sixty (60) days to the Sponsor or his duly authorized representative. In case of the failure of the CONSULTANT's successors or personal representatives to make such delivery on demand, then in that event the representatives of the CONSULTANT shall be liable to the Sponsor for any damages it may sustain by reason thereof. Upon the delivery of all such data to the Sponsor, the Sponsor will pay to the representatives of the CONSULTANT all amounts due the CONSULTANT, including retained percentages to the date of the death of the last survivor. ARTICLE 15. CODE OF ETHICS The CONSULTANT specifically agrees that this Contract may be canceled or terminated if any work under this Contract is in conflict with the provisions of any applicable law establishing a Code of Ethics for Federal, State or Municipal officers and employees. ARTICLE 16. INDEPENDENT CONTRACTOR The CONSULTANT, in accordance with his status as an independent contractor, covenants and agrees that he will conduct himself consistent with such status, that he will neither hold himself out as, nor claim to be, an officer or employee of the Sponsor by reason hereof, and that he will not, by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the Sponsor, including but not limited to Worker's 8 Page 39 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Compensation coverage, Unemployment Insurance benefits, Social Security coverage or Retirement membership or credit. ARTICLE 17. COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Sponsor shall have the right to annul this Contract without liability, or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 18. TRANSFER OF AGREEMENT The CONSULTANT specifically agrees, that he is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of the Contract or of his right, title or interest therein, or his power to execute such Contract, to any other person, company or corporation, without the previous consent in writing of the Sponsor. If this provision is violated, the Sponsor may revoke and annul the Contract and the Sponsor shall be relieved from any and all liability and obligations there under to the person, company or corporation to whom the CONSULTANT shall purport to assign, transfer, convey, sublet or otherwise dispose of the Contract without such consent in writing of the Sponsor. ARTICLE 19. PROPRIETARY RIGHTS The CONSULTANT agrees that if patentable discoveries or inventions should result from work described herein, all rights accruing from such discoveries or inventions shall be the sole property of the CONSULTANT. However, the CONSULTANT agrees to and does hereby grant to the United States Government and the State of New York and the Sponsor a nonexclusive, nontransferable, paid-up license to make, use, and sell each subject invention throughout the world by and on behalf of the Government of the United States and states and domestic municipal governments, all in accordance with the provisions of 48 CFR 1-27. ARTICLE 20. SUBCONTRACTORS/ SUBCONSULTANTS All SUBCONTRACTORS and SUBCONSULTANTS performing work on this project shall be bound by the same required contract provisions as the CONSULTANT. All agreements between the CONSULTANT and a subcontractor or other SUBCONSULTANT shall include all standard required contract provisions, and such agreements shall be subject to review by the Sponsor. ARTICLE 20.1 PROMPT PAYMENT. While federal regulation (49 CFR 26.29) requires payment to subcontractors within 30 days, New York State law is more stringent. NYS General Municipal Law §106-b and NYS Finance Law Article 9, §139-f require prime contractors and prime consultants to pay their vendors within seven (7) calendar days of receipt of payment from the public owner/sponsor, and provides for interest on late payments for all public works contracts. Contract provisions incorporating any other 9 Page 40 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement payment schedule will not be allowed. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented. When the Sponsor has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. ARTICLE 21. CERTIFICATION REQUIRED BY 49 CFR, PART 29 The signator to this Contract, being duly sworn, certifies that, EXCEPT AS NOTED BELOW, its company and any person associated therewith in the capacity of owner, partner, director, officer, or major stockholder (five percent or more ownership) A. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; B. has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; C. does not have a proposed debarment pending; and D. has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. ARTICLE 22. CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing this Contract to the best of his or her knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the standard "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 10 Page 41 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be, included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. ARTICLE 23. RESPONSIBILITY OF THE CONSULTANT A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without undue delays and without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. However, the Sponsor may in certain circumstances, provide compensation for such work. B. Neither the Sponsor's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the CONSULTANT shall be and remain liable to the Sponsor in accordance with applicable law for all damages to the Sponsor caused by the CONSULTANT'S negligent performance or breach of contract of any of the services furnished under this contract. C. The rights and remedies of the Sponsor provided for under this contract are in addition to any other rights and remedies provided by law. D. If the CONSULTANT is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. ARTICLE 24. NON-DISCRIMINATION REQUIREMENTS The CONSULTANT agrees to comply with all applicable Federal, State and Sponsor Civil Rights and Human Rights laws with reference to equal employment opportunities and the provision of services. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal Statutory and constitutional non-discrimination provisions, the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, CONSULTANT agrees that neither it nor its SUBCONSULTANTS shall, by reason of race, creed, color, disability, sex or national origin; (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this Contract. CONSULTANT is subject to fines of$50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this Contract and forfeiture of all moneys due hereunder for a second or subsequent violation. ARTICLE 25. CERTIFICATION REQUIRED BY 40 CFR 111506.5(c) 11 Page 42 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement If the work of the PROJECT includes the preparation of an Environmental Impact Statement(EIS), the signator to this Contract, being duly sworn, certifies that its company and any person associated therewith in the capacity of owner, partner, director, officer, or major stockholder (five percent or more ownership) does not have any financial or other interest in the outcome of the project including: a. an existing contract for the PROJECTs ROW incidental work or construction engineering; or b. ownership of land, options to buy land, or some business enterprise which would be financially enhanced or diminished by any of the PROJECT alternatives. This does not preclude the CONSULTANT from being awarded a future contract covering the work describe in this Article or being awarded Phases V& VI Final Design after the EIS has been approved. ARTICLE 26. BIDDING OF DIRECT NON-SALARY ITEMS (unless more restrictive municipal laws apply) For all contracts other than personal services in excess of $5,000, the consultant shall solicit a number of quotes from qualified subcontractors so that at least three (3) quotes will be received. For all contracts other than personal services in excess of $20,000 except printing contracts in excess of $10,000, the consultant shall solicit a number of sealed bids from qualified subcontractors so that at least three (3) bids will be received. The consultant shall then enter into a subcontract with the lowest bidder or entity submitting the lowest quotation who is fully responsive to the invitation to submit a quote/bid. ARTICLE 27. WAGE AND HOURS PROVISIONS If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Consultant's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Consultant and its subconsultants must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. ARTICLE 28. INTERNATIONAL BOYCOTT PROHIBITION In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Consultant agrees, as a material condition of the contract, that neither the Consultant nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Consultant, or any of the aforesaid affiliates of Consultant, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification 12 Page 43 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement thereto shall be rendered forfeit and void. The Contractor shall so notify the Sponsor and the New York State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (see 2 NYCRR 105.4). ARTICLE 29. SERVICE OF PROCESS In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Consultant hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Consultant's actual receipt of process or upon the Sponsor's receipt of the return thereof by the United State Postal Service as refused or undeliverable. Consultant must promptly notify the Sponsor, in writing, of each and every change of address to which service of process can be made. Service by the Sponsor to the last known address shall be sufficient. Consultant will have thirty (30) calendar days after service hereunder is complete in which to respond. ARTICLE 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DATA. At the time of completion of the work, the Consultant shall make available to the Sponsor all survey notes, computations, maps, tracings, original aerial film and photo indices if any, and all other documents and data pertaining to the work or to the project which material at all times shall be the property of the Sponsor. Or in the event that this Agreement is terminated for any reason, then, within ten (10) days after such termination, the Consultant shall make available to the Sponsor all the aforementioned engineering data and material. All original tracings of maps and other engineering data furnished to the Sponsor by the Consultant shall bear thereon the endorsement of the Consultant. All plans, estimates and other data prepared in accordance with this Agreement shall be considered confidential and shall be released only to the Sponsor. ARTICLE 31. MISCELLANEOUS 31.1 Executory Contract. This Contract shall be deemed only executory to the extent of the monies available, and no liability shall be incurred by the Sponsor beyond the monies legally available for the purposes hereof. 13 Page 44 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement IN WITNESS WHEREOF, the parties have duly executed this Contract effective the day and year first above written. Reference: Sponsor Contract# Sponsor Consultant by: by: Date: Date: For the Sponsor: STATE OF NEW YORK ss: COUNTY OF WESTCHESTER On this day of , before me, the subscriber, personally appeared to me known, who, being by me duly sworn, did depose and say; that he/she resides in the , New York;that he/she is the of the the corporation described in and which executed the foregoing instrument; that he/she is the authorized with the execution of the matter herein provided for, and that he/she signed and acknowledged the said instrument in his/her position as a duly authorized representative of Sponsor. Notary Public, County, N.Y. For the Consultant: STATE OF NEW YORK ss: COUNTY OF DUTCH ESS On this day of , before me, , personally appeared to me known, who, being by me duly sworn, did depose and say; that he/she resides in the , New York; that he/she is the of HVEA Engineers, the corporation described in and which executed the foregoing instrument; that he/she is the authorized with the execution of the matter herein provided for, and that he/she signed and acknowledged the said instrument in his/her position as a duly authorized representative of Consultant. Notary Public, County, N.Y. 14 Page 45 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Federal-Aid Requirements for Architectural/ Engineering Consultant Supplement ARTICLE A. DOCUMENTS FORMING THIS AGREEMENT The contract must include the documents forming the contract between the Sponsor and the Consultant. The following will be included in the contract: • Agreement Form - "Municipal Consultant Contract"; • Project Description and Funding; • Scope of Services; • As applicable, Staffing Rates, Hours, Reimbursables and Fee; • Federal-Aid Requirements for Architectural/Engineering Consultant Supplement. ARTICLE B. COMPENSATION METHODS, RATES AND PAYMENT As full compensation for Consultant's work, services and expenses hereunder the Sponsor shall pay to the CONSULTANT, and the CONSULTANT agrees to accept compensation based the methods designated and described in this contract. Compensation methods must be clearly documented in the contract. Compensation methods available are Cost Plus Fixed Fee Method, Specific Hourly Rate Method, and Lump Sum Cost Plus Reimbursables Method. ARTICLE C. INSPECTION The duly authorized representatives of the Sponsor, and on Federally aided projects, representatives of the NEW YORK STATE DEPARTMENT OF TRANSPORTATION and the FEDERAL HIGHWAY ADMINISTRATION, shall have the right at all times to inspect the work of the CONSULTANT. ARTICLE D. EXTRA WORK If the CONSULTANT is of the opinion that any work the CONSULTANT has been directed to perform is beyond the scope of the PROJECT CONTRACT and constitutes extra work, the CONSULTANT shall promptly notify the Sponsor, in writing, of this fact prior to beginning any of the work. The Sponsor shall be the sole judge as to whether or not such work is in fact beyond the scope of this Contract and constitutes extra work. In the event that the Sponsor determines that such work does constitute extra work, the Sponsor shall provide extra compensation to the CONSULTANT in a fair and equitable manner. If necessary, an amendment to the PROJECT CONTRACT, providing the compensation and describing the work authorized, shall be prepared and issued by the Sponsor. In this event, a Supplemental Agreement providing the compensation and describing the work authorized shall be issued by the Sponsor to the CONSULTANT for execution after approvals have been obtained from necessary Sponsor officials, and, if required from the Federal Highway Administration. 15 Page 46 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement ARTICLE E. WORKER'S COMPENSATION AND LIABILITY INSURANCE This contract shall be void and of no effect unless the CONSULTANT shall secure Workman's Compensation Insurance for the benefit of, and keep insured during the life of this contract, such employees as are necessary to be insured in compliance with the provisions of the Workman's Compensation Law of the State of New York. The CONSULTANT shall secure policies of general and automobile liability insurance, and maintain said policies in force during the life of this contract. Said policies of insurance shall protect against liability arising from errors and omissions, general liability and automobile liability in the performance of this contract in the sum of at least$1,000,000.00 (One Million dollars) each. The CONSULTANT shall furnish a certified copy of said policies to the Sponsor at the time of execution of this contract. ARTICLE F. RECORDS RETENTION The CONSULTANT shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (collectively called the "Records"). The Records must be kept for a minimum of six (6) years or three (3) years after final payment is received, whichever is later. The Sponsor, State, Federal Highway Administration, or any authorized representatives of the Federal Government, shall have access to the Records during normal business hours at an office of THE CONSULTANT within the State of New York or, a mutually agreeable reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. ARTICLE G. COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Sponsor shall have the right to annul this Contract without liability, or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE H. PROPRIETARY RIGHTS The CONSULTANT agrees that if patentable discoveries or inventions should result from work described herein, all rights accruing from such discoveries or inventions shall be the sole property of the CONSULTANT. However, the CONSULTANT agrees to and does hereby grant to the United States Government and the State of New York and the Sponsor a nonexclusive, nontransferable, paid-up license to make, use, and sell each subject invention throughout the world by and on behalf of the Government of the United States and states and domestic municipal governments, all in accordance with the provisions of 48 CFR 1-27. ARTICLE I. CERTIFICATION REQUIRED BY 49 CFR, PART 29 16 Page 47 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement The signator to this Contract, being duly sworn, certifies that, EXCEPT AS NOTED BELOW, its company and any person associated therewith in the capacity of owner, partner, director, officer, or major stockholder (five percent or more ownership) A. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; B. has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; C. does not have a proposed debarment pending; and D. has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. ARTICLE J. CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing this Contract to the best of his or her knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative contract. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit the standard "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be, included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 17 Page 48 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement ARTICLE K. NON-DISCRIMINATION REQUIREMENTS The CONSULTANT agrees to comply with all applicable Federal, State and Sponsor Civil Rights and Human Rights laws with reference to equal employment opportunities and the provision of services. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and Title VI of the Civil Rights Act of 1964, as amended, and any other State and Federal Statutory and constitutional non-discrimination provision, the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, CONSULTANT agrees that neither it nor its SUBCONSULTANTS shall, by reason of race, creed, color, disability, sex or national origin; (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or(b) discriminate against or intimidate any employee hired for the performance of work under this Contract. CONSULTANT is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this Contract and forfeiture of all moneys due hereunder for a second or subsequent violation. ARTICLE L. CERTIFICATION REQUIRED BY 40 CFR 111506.5(c) If the work of the PROJECT includes the preparation of an Environmental Impact Statement(EIS), the signator to this Contract, being duly sworn, certifies that its company and any person associated therewith in the capacity of owner, partner, director, officer, or major stockholder (five percent or more ownership) does not have any financial or other interest in the outcome of the project including: a. an existing contract for the PROJECTs ROW incidental work or construction engineering; or b. ownership of land, options to buy land, or some business enterprise which would be financially enhanced or diminished by any of the PROJECT alternatives. This does not preclude the CONSULTANT from being awarded a future contract covering the work describe in this Article or being awarded Phases V& VI Final Design after the EIS has been approved. ARTICLE M. WAGE AND HOURS PROVISIONS If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Consultant's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Consultant and its subconsultants must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 18 Page 49 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement ARTICLE N. INTERNATIONAL BOYCOTT PROHIBITION In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Consultant agrees, as a material condition of the contract, that neither the Consultant nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Consultant, or any of the aforesaid affiliates of Consultant, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the Sponsor and the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal ( See. 2 NYCRR 105.4). ARTICLE O. PROMPT PAYMENT. While federal regulation (49 CFR 26.29)requires payment to subcontractors within 30 days, New York State law is more stringent. NYS General Municipal Law §106-b and NYS Finance Law Article 9, §139-f require prime contractors and prime consultants to pay their vendors within seven (7) calendar days of receipt of payment from the public owner/sponsor, and provides for interest on late payments for all public works contracts. Contract provisions incorporating any other payment schedule will not be allowed. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented. When the Sponsor has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. 19 Page 50 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement APPENDIX A-2 IRAN DIVESTMENT ACT As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list (prohibited entities list) of "persons" who are engaged in "investment activities in Iran" (both are defined terms in the law). Pursuant to SFL § 165- a(3)(b), the initial list is expected to be issued no later than 120 days after the Act's effective date, at which time it will be posted on the OGS website. By entering into this Contract, Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list. Additionally, Contractor agrees that after the list is posted on the OGS website, should it seek to renew or extend the Contract, it will be required to certify at the time the Contract is renewed or extended that it is not included on the prohibited entities list. Contractor also agrees that any proposed Assignee of the Contract will be required to certify that it is not on the prohibited entities list before the New York State Department of Transportation (NYSDOT) may approve a request for Assignment of Contract During the term of the Contract, should NYSDOT receive information that a person is in violation of the above-referenced certification, NYSDOT will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then NYSDOT shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. NYSDOT reserves the right to reject any request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award. 20 Page 51 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Attachment A Project Description and Funding 21 Page 52 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Attachment A Architectural/ Engineering Consultant Contract Project Description and Funding PIN: 8763.18 Term of Agreement Ends: December 31, 2027 BIN: ®Main Agreement ❑Amendment to Contract [add identifying #] ❑Supplement to Contract Phase of Project Consultant to work on: I]P.E./Design I]ROW Incidentals I]ROW Acquisition OConstruction, C/I, & C/S PROJECT DESCRIPTION: Engineering Services of: Rockland Avenue Bridge Superstructure Replacement Project Location: Town of Mamaroneck, Westchester County Consultant Work Type(s): See Attachment B for more detailed Scope of Services. MAXIMUM AMOUNT OF FUNDS FOR ALL COMPENSATION PAYABLE UNDER THIS AGREEMENT FOR THE SCOPE OF WORK DESCRIBED IN ATTACHMENT B FOR THE PROJECT DESCRIBED IN THIS ATTACHMENT A, OTHERWISE IN ACCORDANCE WITH THE CHOSEN METHOD OF COMPENSATION AND OTHER TERMS OF THIS AGREEMENT: $280,553.00 Footnotes: 22 Page 53 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Attachment B Scope of Services 23 Page 54 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Section 1 - General 1.01 Project Description and Location Project Name: PIN 8763.18 — Rockland Avenue Bridge Superstructure Replacement Project Description: Superstructure Replacement Project Limits: Rockland Avenue — Weaver Street to Sheldrake Avenue Sponsor: Town of Mamaroneck County: Westchester The anticipated start date of preliminary design: July 2025 The anticipated letting date: December 2026 The anticipated construction completed date: October 2027 The anticipated design costs: $0.28M The anticipated construction costs {cost or range of cost}. $1.3M 1.02 Project Manager The Sponsor's Project Manager for this project is Robert Wasp, P.E. who can be reached at (914) 381-7835 All correspondence to the Sponsor should be addressed to: Robert Wasp, P.E., C.D.T. Town of Mamaroneck Engineering Department 740 West Boston Post Road Mamaroneck, New York 10543 The Project Manager should receive copies of all project correspondence directed other than to the Sponsor. 1.03 Project Classification This project is assumed to be a Class (II) action under USDOT Regulations, 23 CFR 7711. Classification under the New York State Environmental Quality Review Act (SEQRA) Part 617, Title 6 of the Official Compilation of Codes, Rules, and Regulations of New York State (6 NYCRR Part 617) is assumed to be (Unlisted). 1.04 Categorization of Work Project work is generally divided into the following sections: 1 http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=d21 c8e6f33a02787d96788103bac7b9d&rqn=div5&view=text&node=23:1.0.1.8.43&idno= 23 24 Page 55 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Section 1 General Section 2 Data Collection & Analysis Section 3 Preliminary Design Section 4 Environmental Section 5 Right-of-Way Section 6 Detailed Design Section 7 Advertising, Bid Opening and Award Section 8 Construction Support Section 9 Construction Inspection Section 10 Estimating & Technical Assumptions When specifically authorized in writing to begin work the Consultant will render all services and furnish all materials and equipment necessary to provide the Sponsor with reports, plans, estimates, and other data specifically described in Sections 1 , 2, 3, 4, 5, 6, 7, 8, 9 and 10. 1.05 Project Familiarization The Sponsor will provide the Consultant with the following information: • Approved project initiation document (Initial Project Proposal or similar documentation) indicating project type, project location, cost estimate, schedule, and fund source(s). • Transportation needs. • Plans for future related transportation improvements or development in the area of the project. • Traffic data. • Accident records and history. • Available Record plans (previously circulated with BNY application) • Anticipated permits and approvals (initial determination). • Available project studies and reports. • Other relevant documents pertaining to the project. The Consultant will become familiar with the project before starting any work. This includes a thorough review of all supplied project information and a site visit to become familiar with field conditions. 1.06 Meetings The Consultant will prepare for and attend all meetings as directed by the Sponsor's Project Manager. Meetings may be held to: • Present, discuss, and receive direction on the progress and scheduling of work in this contract. • Present, discuss, and receive direction on project specifics. • Discuss and resolve comments resulting from review of project documents, advisory agency review, and coordination with other agencies. 25 Page 56 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement • Preview visual aids for public meetings. • Manage subconsultants and subcontractors. The Consultant will be responsible for the preparation of all meeting minutes; the minutes will be submitted to meeting attendees within one (1) week of the meeting date. 1.07 Cost and Progress Reporting For the duration of this contract, the Consultant will prepare and submit to the Sponsor on a monthly basis a Progress Report in a format approved by the Sponsor. The Progress Report must contain the Cost Control Report.2' The beginning and ending dates defining the reporting period must correspond to the beginning and ending dates for billing periods, so that this reporting process can also serve to explain billing charges. (In cases where all work under this contract is officially suspended by the Sponsor, this task will not be performed during the suspension period.) 1.08 Policy and Procedures • The design of this project will be progressed in accordance with the current version of the Local Protects Manual3 including the latest updates. • If there are conflicts between local policies and procedures and those listed in the LPM those listed in the LPM take precedence.) • This project is also subject to the BridgeNY Program requirements. The Consultant shall adhere to the specific requirements of this program including the strict timeframes. Upon authorization the consultant shall prepare a draft schedule identifying any critical path items during the design phase. These items shall be given priority as to not deviate from the schedule. 1.09 Standards & Specifications The project will be designed and constructed in accordance with the current edition of the NYSDOT Standard Specifications for Construction and Materials, including all applicable revisions. 1.10 Subconsultants The Consultant will be responsible for: • Coordinating and scheduling work, including work to be performed by subconsultants. • Technical compatibility of a subconsultant's work with the prime consultant's and other subconsultants' work. 1.11 Subcontractors 2 https://www.dot.ny.gov/plafap/view-document?id=1598 3 https://www.dot.ny.gov/plafap 9https://www.dot.ny.gov/portal/pls/portal/MEXIS APP.EI EB DOC DETAILS.show?p arq names=doc i d&p arq values=10618 26 Page 57 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Procurement of subcontractors must be in accordance with the requirements set forth in the NYSDOT Local Projects Manual. D/WMBE and SDVOB participation requirements are identified in the BridgeNY guidelines. The Consultant will provide appropriate documentation for participation. Section 2 - Data Collection and Analysis 2.01 Design Survey A. Ground Survey The Consultant will provide terrain data required for design by means of a topographic field survey. The Topographic survey shall be prepared at the level of detail as required for the Consultants design. The survey shall also include survey data to establish the boundaries of parcels adjacent to the bridge which may require property acquisition or easements as well as any structures on these properties. B. Photogrammetric Survey (Intentionally left blank) C. Stream Survey The Sponsor will perform field surveys necessary to provide stream cross- sections for the hydraulic analysis. The location and width of the sections will be sufficient to satisfactorily perform a hydraulic analysis of the named stream(s). D. Survey of Wetland Boundaries The Consultant will perform the field survey necessary to accurately locate delineated wetland boundaries. This survey should be performed as soon after delineation as possible. E. Supplemental Survey The Consultant will provide supplemental surveys when needed for design purposes and to keep the survey and mapping current. F. Standards Survey will be done in accordance with the standards set forth in the NYSDOT Land Surveying Standards and Procedures Manual4 and in accordance with local standards described in Section 10 of the SOS.. 2.02 Design Mapping 4 https://www.dot.ny.gov/divisions/engineering/design/design-services/land- s u rvey/repository/LSS P M09.pd f 27 Page 58 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement The Consultant shall identify additional areas that may be required for their design prior to field surveying operations. The Consultant will provide the following design mapping: • 1"=20' scale mapping with 1 foot contour intervals. The Consultant will provide supplemental mapping when needed for design purposes and keep the mapping current for the duration of the project. 2.03 Determination of Existing Conditions The Consultant will determine, obtain or provide all information needed to accurately describe in pertinent project documents the existing conditions within and adjacent to the project limits. 2.04 Accident Data and Analysis The Sponsor will provide accident records for the last three years for roads within the project limits plus one-tenth of a mile immediately outside of the project limits The Consultant will prepare collision diagrams and associated summary sheets, and note any clusters of accidents or patterns implying inadequate geometrics, or other safety problems, within the project limits. 2.05 Traffic Counts The Sponsor will provide traffic count data for existing conditions, The Sponsor will supply growth factors for forecasting, and forecast data, in accordance with the requirements noted in the NYSDOT Traffic Monitoring Standards for Contractual Agreements Manuals. The Sponsor will provide flow diagrams for appropriate peak periods (e. g., am, noon, pm) showing existing and design year volumes on the mainline, on each approach of all intersections, and at major traffic generators. 2.06 Capacity Analysis (Intentionally Left Blank) 2.07 Future Plans for Roadway and Coordination with Other Projects The Sponsor will provide a brief written statement specifying whether or not plans exist to reconstruct or widen the highway segments immediately adjacent to the project within the next twenty years. The Sponsor will determine the influence, if any, of other existing or proposed projects or proposed developments in the vicinity of this project (e.g., whether a nearby highway widening would influence this project's design traffic volumes). 5 https://www.dot.ny.gov/divisions/engineering/technical-services/hds- respository/Traffic%20Monitoring%20Standards%20for%20Contractual%20Agreements.rtf 28 Page 59 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement The Sponsor will provide all necessary information pertaining to the other projects or developments 2.08 Soil Investigations (Intentionally Left Blank) 2.09 Hydraulic Analysis The Consultant will perform a hydraulic analysis in accordance with the principles outlined in the Section 3.4 of the NYSDOT Bridge Manual6. 2.10 Bridges to be rehabilitated (Intentionally left blank) 2.11 Pavement Evaluation (Intentionally left blank) Section 3 - Preliminary Design 3.01 Design Criteria The Consultant will identify the applicable design standards to be used for this project, and will establish project-specific design criteria in accordance with the NYSDOT Project Development Manual' The Sponsor will approve the selected project design criteria and will obtain NYSDOT concurrence (either by a written submission or at a meeting). Based on the selected design criteria, the Consultant will identify all existing non- standard features that are within and immediately adjacent to the project limits. Non-standard features that correlate with a high accident rate will be noted. 3.02 Development of Alternatives A. Selection of Design Alternative(s) The Consultant will identify and make rudimentary evaluations of potential design alternative concepts that would meet the Sponsor's defined project objectives. These evaluations are not to be carried beyond the point of establishing the feasibility of each concept as a design alternative; only those significant environmental and geometric design constraints that bear on the feasibility should be identified. For each concept the Consultant will prepare rudimentary sketches of plan, profile, and typical section views which show: • On plan: proposed centerlines; pavement edges; curve radii and termini; and existing ROW limits. • On profile: theoretical grade lines; critical clearances; vertical curve https://www.dot.ny.gov/divisions/engineerinq/design/dgab/pdm https://www.dot.ny.gov/divisions/engineerinq/design/dgab/pdm 29 Page 60 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement data; grades; and touchdown points. • On typical section: lane, median, and shoulder widths; ditches; gutters; curbs; and side slopes. • Where necessary: important existing features. • Where pertaining to feasibility: significant environmental and geometric design constraints, labeled as such. These sketches will include only the minimum information needed to select design alternatives to be studied in further detail. The Consultant will arrange a conference call with the Sponsor to discuss the concepts, using the sketches as discussion aids to describe the relative order-of-magnitude costs, advantages, disadvantages, and problem areas of each. From these concepts the Sponsor will select one, or in some cases more, design alternative(s) for further development. B. Detailed Evaluations of Alternative(s) The Consultant will further evaluate each design alternative and the null alternative with specific engineering analyses and considerations. Analyses will be conceptual and limited to determining the relative suitability of each design alternative, and will include: • Design geometry, including the identification and comparison of alignment constraints and (where applicable) justification for retaining nonstandard design features, per the NYSDOT Highway Design Manual.8 • Environmental constraints and potential environmental impact mitigation measures (identified under Section 4 tasks). • Traffic flow and safety considerations, including signs, signals, and level of service analysis for intersections. • Pavement. • Structures, including bridges, retaining walls, major culverts, and building alterations (limited to establishing basic concepts, accommodating clearances and stream flow, and estimating costs). Bridge investigative work (inspection, deck coring, etc.) is covered under Section 2. • Drainage. • Maintenance responsibility. • Maintenance and protection of traffic during construction. • Soil and foundation considerations. • Utilities. • Railroads. • Right-of-way acquisition requirements. • Accessibility for pedestrians, bicyclists and the disabled. • Lighting. • Construction cost factors. 8 https://www.dot.ny.gov/divisions/engineering/design/dgab/hdm 30 Page 61 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement • Value Engineering The Consultant will prepare the following drawings for each design alternative analyzed: • 1'=20' plans showing (as a minimum) stationed centerlines; roadway geometrics; major drainage features; construction limits; cut and fill limits; and proposed right-of-way acquisition lines. • Profiles, at a scale of 1"=20' horizontal and 1":4' (maximum) vertical, showing (as a minimum) the vertical datum reference; significant elevations; existing ground line; theoretical grade line; grades; vertical curve data including sight distances; critical clearances at structures; centerline stations and equalities; construction limits; and superelevation data. • Typical sections showing (as a minimum) lane, median, and shoulder widths; ditches; gutters; curbs; and side slopes. 3.03 Cost Estimates The Consultant will develop, provide and maintain a cost estimate for each design alternative. The Consultant will update the estimate periodically and as necessary to incorporate significant design changes. 3.04 Preparation of Draft Design Approval Document For this project, the Design Approval Document (DAD) will be a Initial Project Proposal/Final Design Report (IPP/FDR). The Sponsor will make all determinations not specifically assigned to the Consultant which are needed to prepare the Draft DAD. The Consultant will prepare a Draft DAD, which will include the results of analyses and/or studies performed in other Sections of this document. The DAD will be formatted as specified in the NYSDOT Project Development Manual (PDM).9 The Consultant will submit the Draft DAD to the Sponsor via email for review. The Sponsor will review the Draft DAD and provide the Consultant with review comments. The Consultant will revise the Draft DAD to incorporate the comments. 3.05 Advisory Agency Review The Consultant will provide the Sponsor with 1 copies of the signed Draft DAD prior to distribution to advisory agencies. 9 https://www.dot.ny.gov/divisions/engineering/design/dgab/pdm 31 Page 62 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Upon authorization of the Sponsor, the Consultant will distribute the Draft DAD to the advisory agencies in accordance with their requirements. The Consultant will evaluate and prepare individual responses to the review comments received. 3.06 Public Information Meeting(s) and/or Public Hearing(s) A Public Information Meeting(s) The Consultant will assist the Sponsor at 1 public information meeting(s) with advisory agencies, local officials, and citizens, at which the Consultant will provide visual aids and present a technical discussion of the alternatives. The Sponsor will arrange for the location of public information meeting(s). The Consultant will assist the Sponsor with appropriate notification. B. Public Hearing(s) (Intentionally left blank) 3.07 Preparation of Final Design Approval Document (DAD) The Consultant will obtain all necessary approvals and concurrences and will publish all applicable legal notices. The Consultant will prepare the Design Recommendation, and will modify the DAD to include the Design Recommendation, re-title the DAD in accordance with the PDM Manual, and update existing conditions and costs as necessary. The Consultant will incorporate changes resulting from the advisory agency review and all public information meetings and public hearings. The Consultant will submit 1 copies of the Final DAD via email to the Sponsor for review. The Sponsor will review the Final DAD and provide the Consultant with review comments. The Consultant will revise the Final DAD to incorporate the comments. The Sponsor will submit the required number of copies of the Final DAD to NYSDOT for a Final Environmental Determination. NYSDOT will make the determination or obtain FHWA's determination. If necessary, NYSDOT will transmit the Final DAD to FHWA for final review and concurrence. The Consultant will again revise the Final DAD to incorporate changes (assumed minor) resulting from the NYSDOT and/or FHWA review. Upon approval of the Final DAD the Consultant shall provide 3 signed copies and one PDF of the DAD to the Sponsor. The Sponsor will grant or obtain, from or through NYSDOT, Design Approval. 32 Page 63 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Section 4 — Environmental 4.01 NEPA Classification The Consultant will verify the anticipated NEPA Classification. If the project is assumed to be a Class II action, then the Consultant will complete the Federal Environmental Approval Worksheet (FEAW), and forward the completed worksheet to the Sponsor for forwarding to NYSDOT (with the Final DAD) for a final NEPA determination. The FEAW need not be completed for projects assumed to be Class I or III actions. The Lead Agency for NEPA is the Federal Highway Administration (FHWA). 4.02 SEQRA Classification The Consultant will assist the Sponsor in complying with SEQRA (6 NYCRR Part 617). The Sponsor is the Lead Agency. Consultant tasks include, but are not limited to: • Drafting letters to involved agencies to determine the lead agency. • Drafting Environmental Assessment Form(s). • Drafting a negative declaration. • Drafting a positive declaration. • Drafting notices. The Consultant will document the results of SEQRA processing in the body of the Design Approval Document (DAD) and will include documentation of the final SEQRA determination in the Appendix of the DAD. 4.03 Smart Growth The Consultant will complete the Smart Growth Checklist developed by NYSDOT to measure whether and to what extent a project conforms to the principles and objectives of Smart Growth and submit same to the Sponsor for attestation. (New York State's Smart Growth policy was adopted by amendment to the State Highway Law and is intended to minimize the "unnecessary cost of sprawl development." It requires public infrastructure projects to undergo a consistency evaluation and attestation using established Smart Growth Infrastructure Criteria. The consistency evaluation is measured with the Smart Growth checklist which can be found in the Chapter 7 Appendices on the PLAFAP Manual website.) 4.04 Screenings and Preliminary Investigations The Consultant will screen and perform preliminary investigations to determine potential impacts resulting from the design alternative(s) for: 33 Page 64 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement • General Ecology and Endangered Species • Ground Water • Surface Water • State Wetlands • Federal Jurisdictional Wetlands • Floodplains • Coastal Zone Management • Navigable Waterways • Historic Resources • Parks • Hazardous Waste • Asbestos • Noise • Air Quality • Energy • Farmlands • Invasive Species • Visual Impacts • Critical Environmental Areas • Smart Growth • Environmental Justice Work will be performed, as summarized in the PLAFAP Manual and detailed in the PDM and the TEM, to determine whether further detailed analysis or study is required. The results of these screenings and preliminary investigations will be summarized in the appropriate sections of the DAD. 4.05 Detailed Studies and Analyses Based on the work performed in Section 4.03, the Consultant will determine whether detailed analysis or study is required. Prior to commencing such detailed study or analysis, the Sponsor must concur with the Consultant's determination. Detailed study or analysis work will be performed and documented as detailed in the PLAFAP Manual, as well as in the PDM and the TEM. Results of the detailed study or analysis will be summarized in the appropriate section of the DAD. Detailed study or analysis will be done for: A. General Ecology and Endangered Species B. Surface Water C. Federal Wetlands D. Floodplains E. Coastal Zone Management F. Historic Resources 34 Page 65 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement 4.06 Permits and Approvals The Consultant will obtain all applicable permit(s) and certification(s), including but not necessarily limited to: • Westchester County Department of Public Works and Transportation Highway Work Permit • Article 24 Freshwater Wetlands Permit • Article 25 Tidal Wetlands Permit • FHWA Executive Order 11990 Wetlands Finding • U.S. Coast Guard Section 9 Permit • U.S. Army Corps of Engineers Section 10 Permit (Individual or Nationwide) • U.S. Army Corps of Engineers Section 404 Permit (Individual or Nationwide) • NYSDEC Section 401 Water Quality Certification • NYSDEC State Pollution Discharge Elimination System (SPDES) Permit • NYSDEC Article 15 Protection of Waters Permit • Safe Drinking Water Act Section 1424(e) • Migratory Bird Treaty Act • Coastal Zone Consistency • Scenic, Wild and Recreational Rivers 4.07 Public Hearing (Intentionally left blank) Section 5 - Right-of-Way (Intentionally left blank- To be added by Supplemental Agreement if needed) Section 6 - Detailed Design 6.01 Preliminary Plans A. New and Replacement Bridges The Consultant will prepare and submit to the Sponsor a Preliminary Bridge Plan in accordance with the NYSDOT Bridge Manual.1° For each bridge, the Consultant will prepare and submit to the Sponsor a Structure Justification Report. The format and content of the Structure Justification Report will be as outlined in the NYSDOT Bridge Manual. 10 https://www.dot.ny.gov/divisions/engineering/structures/repository/manuals/brman- usc/2011 nysdot Br Man repl pgs.pdf 35 Page 66 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement B. Bridge Rehabilitations For each bridge to be rehabilitated, the Consultant will prepare and submit to the Sponsor for review a Preliminary Bridge Rehabilitation Plan, which will be sufficiently developed to: • Show basic concepts and major details (including all existing and proposed utilities). • Acquaint affected parties with the project and project components. • Serve as an instrument for initial approval. • Provide a basis for the development of final plans. The plan should indicate maintenance and protection of traffic provisions and be accompanied by a cost estimate. C. Selected Structural Treatment The Consultant will modify the Structure Justification Report, Preliminary Culvert Plan and/or Preliminary Culvert Rehabilitation Plan to incorporate Sponsor review comments. The Sponsor will approve the selected structural treatment and will obtain NYSDOT concurrence (either by a written submission or at a meeting). 6.02 Advance Detail Plans (ADP) The Consultant will develop the approved design alternative to the ADP stage. At this stage all plans, specifications, estimates and other associated materials will be 90% complete. As part of this task the Consultant will prepare templated cross sections at 25 foot intervals. Advance Detail Plans will be in accordance with Chapter 21 of the NYSDOT Highway Design Manual." The Consultant will prepare and submit up to 5 copies of the ADP's to the Sponsor for review. The Consultant will modify the design to reflect the review of the ADP package. 6.03 Contract Documents The Consultant will prepare a complete package of bid-ready contract documents. The package will include: 11 https://www.dot.ny.gov/divisions/engineering/design/dgab/hdm/hdm-repository/Chapt 21.pdf 36 Page 67 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement • Instructions to bidders. • Bid documents. • Contract language, including applicable federal provisions and prevailing wage rates. • Special notes. • Specifications. • Permits • Utility agreements • Plans. • A list of supplemental information available to bidders (i.e., subsurface exploration logs, record as-built plans, etc.). • Orange County Specific bidding forms (Pay to play, etc.) as supplied by the County • Other pertinent information. The Consultant will submit the contract documents to the Sponsor for approval. Upon approval, the Sponsor will submit 3 copies of the contract bid documents to NYSDOT as described in the PLAFAP Manual. 6.04 Cost Estimate The Consultant will develop, provide, and maintain the construction cost estimate for the project. The Consultant will update the estimate periodically and as necessary to incorporate significant design changes, and will develop and provide the final Engineer's Estimate, including all quantity computations. 6.05 Utilities The Consultant will coordinate with affected utility companies to ensure the timely relocation of utility poles and appurtenances. The Consultant will assist the Sponsor in preparing any necessary agreements with utility companies. Any agreements containing reimbursable relocations must be approved and signed by the Design Support Section of the NYSDOT Design Quality Assurance Bureau (see PLAFAP Manual Appendix 10-8). 6.06 Railroads (Intentionally left blank) 6.07 Bridge Inventory and Load Rating Forms The Consultant will complete and provide the Sponsor and NYSDOT with: • Inventory Update forms, per the current NYSDOT Bridge Inventory Manual for Bridge Inventory and Inspection System, reflecting all proposed physical changes resulting from construction. • Level 2 Load Rating Data Input forms, per NYSDOT User Manual for Structural 37 Page 68 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Rating Program for Bridges and current NYSDOT guidance on the "Procedure for Inventorying, Inspecting, and Level 2 Load Rating, New, Replacement and Reconstructed or Rehabilitated Bridges". 6.08 Information Transmittal Upon completion of the contract documents, the Consultant will transmit to the Sponsor all project information, including electronic files including CADD files for the project. The electronic information will be in the format requested by the Sponsor. Section 7 - Advertisement, Bid Opening and Award 7.01 Advertisement The Consultant will prepare the advertisement for bids to be placed in the NYS Contract Reporter and any other newspaper or publication identified by the Sponsor. The Consultant will submit the ad(s)to the Sponsor for review and will revise the ad(s) to reflect comments generated by that review. Upon approval by the Sponsor, the Sponsor will place the advertisements. Advertisements must not be placed until authorization is granted to the Sponsor by the NYSDOT. 7.02 Bid Opening (Letting) The Sponsor will hold the public bid opening, the Consultant need not attend. 7.03 Award The Consultant will analyze the bid results. The analysis will include: • Verifying the low bidder. • Ensuring receipt of all required bid documents (non-collusive bid certification, debarment history certification, etc.). • Breaking the low bid into fiscal shares, if necessary. • Determining whether the low bid is unbalanced. • For pay items bid more than 25% over the Engineer's Estimate: Checking accuracy of quantity calculations. Determining appropriateness of price bid for work in the item. Determining whether the low bidder is qualified to perform the work. The Consultant will assist the Sponsor in preparing and compiling the package of information to be transmitted to the NYSDOT. 38 Page 69 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement The Sponsor will award the contract and will transmit the award package to the NYSDOT as described in the Procedures for Locally Administered Federal Aid Projects (PLAFAP) Manual. Section 8 - Construction Support(To be negotiated upon approval of ADP) Section 9 - Construction Inspection (To be negotiated upon approval of ADP) 39 Page 70 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Section 10 - Estimating and Technical Assumptions 10.01 Estimating Assumptions The following assumptions have been made for estimating purposes: Section 1 Estimate 12 monthly meetings during the life of this agreement. Section 2 Assume that GPS methods and equipment will be used to establish local control points. Assume the Town will locate the location and depth of all underground utilities. Estimate 20 accidents will require analysis. Estimate 0 capacity analyses will be required. Assume the Town will supply traffic data and analysis. Estimate 0 soil borings will be taken. Estimate 0 concrete cores will be taken. A hydraulic analysis will be required. This will be performed with HEC-RAS software. Estimate 0 pavement cores will be taken. Section 3 Estimate 3 concepts will be evaluated. Estimate 2 design alternative(s) will be analyzed in addition to the null alternative. Estimate 3 cost estimate(s) plus 1 update will be required. Estimate 1 bridges will be rehabilitated. Estimate 1 Public Workshop. Section 4 Assume project is a NEPA "C List" requiring the Federal Environmental Approval Worksheet Project will be a SEQR Type II Action requiring at most a Short EAF. 40 Page 71 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement A recommendation from the Village Harbor and Coastal Zone Management Commission will not be required. Estimate 4 permits will be required. A Section 106 (SHPO) determination package will be required. A Memorandum of Agreement with SHPO will not be required. USFWS Section 7 and NYSDEC Heritage Program consultation will be required. A Habitat Assessment will be required. Detailed habitat studies will not be required. Section 5 Estimate 0 properties will require title searches Estimate 0 ROW maps will be required Estimate 0 easements will be required Estimate 0 Public Hearings Estimate 0 Condemnations Section 6 Detailed Design or Final Design Final Design will include but not be limited to: • Development of highway and bridge plans. • Structural rehabilitation design. • Highway design. • Preparation of right-of-way plans and acquisition maps. • Development and design for public utilities. • Maintenance and protection of traffic during construction. • Preparation and submission of final Plans, Specifications, and Estimate (PS&E) for the project. Estimate 1 cost estimate(s) plus 1 updates will be required. Estimate 0 bridges will be replaced and 1 will be rehabilitated. Estimate 4 utility companies and 0 railroad agencies will be affected. 41 Page 72 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Assume 1 water line and 1 underground gas main will require relocation. Assume existing sanitary sewer will not be relocated. Section 7 Estimate 5 copies of the final contract bid documents will be needed for prospective bidders. The Consultant shall also prepare up to 20 compact disks of the final contract bid documents and one (1) digital pdf set for electronic distribution. 42 Page 73 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Attachment C Staffing Rates, Hours, and Estimated Direct Non-Salary Costs 43 Page 74 of 215 PIN 8763.18 Rockland Avenue Superstructure Replacement HVEA Engineers June 2025 Preliminary and Detailed Design Salary Schedule ASCE (A) OR AVERAGE HOURLY RATES OVERTIME NICET (N) PRESENT PROJECTED CATEGORY JOB TITLE GRADE Mar-25 Feb-26 Feb-27 Project Manager VI (A) $90.00 $92.70 $95.48 A Project Engineer IV (A) $72.68 $74.86 $77.11 B Design Engineer III (A) $55.88 $57.56 $59.28 C Staff Engineer I/II (A) $40.31 $41.52 $42.76 C CAD Operator/Detailer I/II (A) $41.72 $42.97 $44.26 C OVERTIME POLICY Category A- No overtime compensation. Category B - Overtime compensated at straight time rate. Category C -Overtime compensated at straight time rate x 1.50. Overtime applies to hours worked in excess of the normal working hours of 8 hours per day. Page 75 of 215 PIN 8763.18 Rockland Avenue Superstructure Replacement HVEA Engineers June 2025 Staffing Staffing Worksheet Section Task Principal in Project Project Design Staff CAD Charge Manager Engineer Engineer Engineer Operator Preliminary Design SECTION 1 1.05 Project Familiarization 2 4 General 1.06 Meetings 36 36 1.07 Cost and Progress Reporting 1.10 Subconsultant Coordination 4 1.11 Subcontractors Subtotal,Section 1 0 42 0 40 0 0 SECTION 2 2.01 Design Survey Data Collection 2.02 Design Mapping 24 and Analysis 2.03 Determination of exist.Conditions 8 8 2.04 Accident Data and Analysis 8 24 2.05 Traffic Counts(flow diag.) 2.06 Capacity Analysis 2.07 Future Plans 2.08 Soil Investigations 2.09 Hydraulic Analysis 40 80 2.10 Bridge Rehabilitation 2.11 Pavement Evaluation 2 Subtotal,Section 2 0 0 0 58 112 24 SECTION 3 3.01 Design Criteria,identify nonstandard features 2 Preliminary 3.02 Development of Alternatives 8 80 120 40 Design 3.03 Cost Estimates 2 16 40 3.04 Preparation of Draft DAD 8 48 120 3.05 Advisory Agency Review 3.06 Public Information Meeting 8 16 16 3.07 Preparation of Final DAD 4 16 24 Subtotal,Section 3 0 30 0 178 320 40 SECTION 4 4.01 NEPA Classification 2 8 8 Environmental 4.02 SEQRA Classification 2 8 8 4.03 Screenings and Prelim.Invest. 2 24 40 4.04 Detailed Studies and Analyses 4.05 Permits and Approvals 16 40 80 Subtotal,Section 4 0 22 0 80 136 0 Subtotal,Preliminary Design: 0 94 0 356 568 64 Direct Technical Labor,Prelim.Design: $0.00 $8,460.00 $0.00 $19,893.28 $22,896.08 $2,670.08 ROW Incidentals SECTION 5 5.01 Abstract Request Map/Title Search Rig ht-of-Way 5.02 Right-of-Way Survey 5.03 Right-of-Way Mapping 5.04 Right-of-Way Plan 5.05 Right-of-Way Cost Estimates 5.06 Public Hearings/Meetings 5.07 Property Appraisals 5.08 Appraisal Review 5.09 Negotiations and Acquistion of Prop. 5.10 Relocation Assistance 5.11 Property Management Subtotal.Section 5 0 0 0 0 0 0 Subtotal,ROW Incidentals: 0 0 0 0 0 0 Direct Technical Labor,ROW Incidentals: $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 Detailed Design SECTION 6 6.01 Preliminary Bridge Plans 8 80 120 40 Detailed 6.02 Advance Detail Plans 8 80 120 40 Design 6.03 Contract Documents 8 40 80 40 6.04 Cost Estimate 8 40 80 6.05 Utilities 8 40 40 6.06 Railroads 6.07 Bridge Inventory&Load Rating 6.08 Information Transmittal Subtotal,Section 6 0 40 0 280 440 120 SECTION 7 7.01 Advertisement 2 Advertisement, 7.02 Bid Opening(Letting) Bid Opening, 7.03 Award 2 8 and Award Subtotal.Section 7 0 I 2 I 0 I 0 I 10 I 0 SECTION 8 8.01 Construction Support Construction To be added by supplemental agreement Support Subtotal,Section 8 0 I 0 I 0 I 0 I 0 I 0 Subtotal,Detailed Design: 0 42 0 280 450 120 Direct Technical Labor,Final Design: $0.00 $3,893.40 $0.00 $16,115.79 $18,683.69 $5,156.59 Page 76 of 215 PIN 8763.18 Rockland Avenue Superstructure Replacement HVEA Engineers June 2025 Preliminary and Detailed Design Direct Non-Salary Expense Preliminary Engineering 1. Survey(Subconsultant-estimated) Topographic and Right-of-Way Survey $ 12,500.00 TOTAL DIRECT NON-SALARY COST $ 12,500 Page 77 of 215 PIN 8763.18 Rockland Avenue Superstructure Replacement HVEA Engineers June 2025 Preliminary and Detailed Design Summary(Preliminary Design) Item IA, Direct Technical Salaries $ 53,919 Item II Direct Non-Salary Cost $ 12,500 (estimated, subject to audit) Item III, Overhead (1.47) $ 79,262 (NYSDOT audited rate) Item IV, Fixed Fee (11%) $ 14,650 Subtotal, Preliminary Design $ 160,331 Summary(ROW Incidentals) Item IA, Direct Technical Salaries $ - Item II Direct Non-Salary Cost $ - (estimated, subject to audit) Item III, Overhead (1.47) $ - (NYSDOT audited rate) Item IV, Fixed Fee (11%) $ - Subtotal, ROW Incidentals $ - Summary (Final Design) Item IA, Direct Technical Salaries $ 43,849 Item II Direct Non-Salary Cost $ - (estimated, subject to audit) Item III, Overhead (1.47) $ 64,459 (NYSDOT audited rate) Item IV, Fixed Fee (11%) $ 11,914 Subtotal, Final Design Design $ 120,222 Total, Preliminary Design and Final Design $ 280,553 Total, Right-of-Way Incidentals $Total, Not to Exceed $ 280,553 Page 78 of 215 Local Law No. -2025 This local law shall be known as the "Creation of new Parking Permits in the Town's Parking Lots"law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 -Purpose: The Town Board finds it appropriate to create two new types of parking permits for the Town parking lots and to eliminate the rule that prohibits more than one member of a single household from having a twenty-four-hour parking permit. This local law also removes from the Code the former names of the Town parking lots. To accomplish this result, multiple sections of the Code are amended by this law. Section 2-Amendment of a current section of the Mamaroneck Code: Section 219-43 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §219-43 Designation of parking lots. Parking lots are designated as follows: A. Lot A is the parking lot situated at Myrtle Boulevard and Vine Street. B. Lot B is the parking lot and deck situated at Myrtle Boulevard and North Chatsworth Avenue. C. Lot C is the parking lot situated on Myrtle Boulevard which is shared with the occupants of 178 Myrtle Boulevard. D. Lot D is the six parking spaces located off of Myrtle Boulevard,near Madison Avenue. E. Lot E is the six numbered spaces on Vine Street. F. Lot F is the employee parking spaces on Maxwell Avenue. G. Lot G is Byron Place near Madison Avenue. Section 3-Amendment of a current section of the Mamaroneck Code: Section 219-47 A. of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §219-43 Permit application. A. There are seven types of permits for parking in the parking lots: Page 79 of 215 (1) meter parking permits, (2) daytime parking permits, (3) daytime non-resident parking permits (limited to twenty per year), (4) overnight parking permits, (5) twenty-four-hour parking permits, (6) one-day single use parking permits and (7) area business parking permits. Section 4-Amendment of a current section of the Mamaroneck Code: Section 219-48 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: §219-48 Issuance of permits. A. The Town Clerk may issue parking permits only to residents of the Town, except that the Town Clerk may issue overnight parking permits for Parking Lot C and daytime non- resident parking permits for Parking Lot A to persons who are not residents of the Town. Except when seeking an overnight permit for Parking Lot C or a daytime non-resident parking permit for Lot A, the applicant must submit satisfactory proof of residency at the time of application, as determined by the Town Clerk. B. The Town Clerk shall keep a record of the number of each permit issued, the date it is issued, the name and address of the person to whom it is issued, the numbers, words or letters appearing on the license plate of the motor vehicle or vehicles for which the permit is issued and the letter designation of the parking lot for which that permit is issued. The Town Clerk shall maintain a record of all permit fees collected. C. Each permit shall entitle only the motor vehicle or vehicles listed in the permit application to be parked in the parking lot for which such permit is issued. A meter parking permit or a daytime parking permit shall authorize either one of two motor vehicles to be parked in the parking lot for which such permit is issued, and the insignia associated with that permit shall contain the numbers, words or letters appearing on the license plate of each motor vehicle specified on the permit application. At the permit holder's discretion, the insignia can be moved from one motor vehicle to the other at any time;however,under no circumstances can both motor vehicles specified on the permit application be parked at the same time in the same parking lot, except at times when parking in such parking lot is unrestricted. D. The Town Clerk shall revoke a permit if the Town Clerk, acting reasonably, determines that such permit was issued based upon false information or was otherwise issued or used improperly or the insignia is altered. The Town Clerk shall mail written notice of the revocation to the person to whom such permit was issued at the address for such person 2 Page 80 of 215 that appears on the application for the permit being revoked. The revocation shall be effective on the third business day after the notice is mailed. The permit holder shall return the permit to the Town Clerk's office. The failure to do so shall be a violation of this section. A revoked permit may be reinstated by curing the underlying basis for the revocation and the payment of a fee that is triple the amount of the fee for the permit. Section 5-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 6-Effective Date: This Local Law shall become effective upon filing with the Secretary of State. June 6,2025 for TB 618 25 agenda 3 Page 81 of 215 PUBLIC HEARING NOTICE LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York, a Public Hearing will be held on Tuesday,July 15, 2025, at 8:00 PM or as soon thereafter as is possible,to consider the"Creation of new Parking Permits in the Town's Parking Lots" law, at the Senior Center, 1288 W Boston Post Rd, Larchmont, New York. Purpose: The Town Board finds it appropriate to create two new types of parking permits for the Town parking lots and to eliminate the rule that prohibits more than one member of a single household from having a twenty-four-hour parking permit. This local law also removes from the Code the former names of the Town parking lots. To accomplish this result, multiple sections of the Code are amended by this law. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.gov/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870,for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Published:June 27, 2025 Page 82 of 215 o u `" m Town of Mamaroneck if 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: Fire Claims 7-15-25 Date: July 15, 2025 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 83 of 215 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: July 15, 2025 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Fire Claims 7-15-25 General: Attached is the list of fire claims for approval. Attachment/s: FIRE CLAIMS-7-15-25 Page 84 of 215 TOWN OF MAMARONECK FROM: TRACY YOGMAN-TOWN COMPTROLLER RE: Fire Claims Date July 15,2025 The following Town of Mamaroneck Fire Department claims have been certified by Chief Alex Rapp and submitted to the Comptroller's Office for payment: VENDOR DESCRIPTION AMOUNT 4Imprint T shirts(40)for Junior Firefighters $ 510.17 AAA Emergency Supplies Inc. Fire gloves,air compressor service,K55 flir repair-Tic,Hydra-Ram repair $ 2,607.48 Speaker Mies for Vertex Portables,AED cabinet,landscape lighting-repair broken Amazon.Com lights $ 226.81 Champion Elevator Monthly maintenance for June 2025 $ 237.99 Chatsworth Cleaners Uniform maintenance-May 2025 $ 43.00 David Cremins Flowers for Memorial Day $ 67.96 Uniforms-short sleeves,mock turtleneck,embroidery,5.11 uniform shirts,t-shirts, Emergency Responder Products,LLC gymn shorts,long sleeve shirt $ 1,818.73 Firematic Supply Co.,Inc. Gas for meter calibration $ 605.00 FireCompanies.Com Website Platinum Hosting&Maintenance-5/1/25 $ 209.97 Grainger Safety Vests $ 141.66 Gundelach's Equipment Lawnmower replaced $ 599.99 Hi-Tech Fire&Safety Inc. Fire Hoods PPE $ 525.00 Home Depot TMFD Drill supplies $ 55.91 K.R.B Supply Inc. Building supplies,repairs to flagpole,bell stand,wood for training prop $ 121.80 Larch-Mam'k JT Garbage Commission Replacement dumpster $ 1,100.00 Morris-Croker LLC S146 gold Ex Chief shield,5cross bugles,helmet attachments $ 432.88 Optimum Cable service 5/23-6/22/25,6/23-7/22/25 $ 572.44 Precision Plumbing&Heating Repairs on two Sloan flushometers on 2nd floor restroom $ 975.00 SG Fire protection LLC Kitchen hood cleaning(2) $ 475.00 TOM Fire Dept. Quarterly Officers Meeting-meal 6/2/25 $ 226.64 Dept Drill 6/10/25meals,Construct Boat Portico 6/29 meals,new website TOM Fire Dept. Wix.Com $ 815.31 Tony's Nursery Inc. Propane tanks(3) $ 124.98 UnifFirst Cleaning supplies 2/21,2/28/25 $ 589.80 United Overhead Door Corp Repair garage door-install Lynx oerator trolley $ 3,100.00 Verizon Fire HQ service 6/10-7/9/25 $ 304.35 Village Pizza Pasta Fast Drill 5/28,Basic Skills 6/4/25,Fast Drill 6/25/25-meals $ 415.90 WJWW Fire Line water svc 5/29/25 $ 37.00 Total $ 16,940.77 Page 85 of 215 c 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 Re: Housing Action Council Recertification Agreement Date: July 15, 2025 Attached please find a renewal agreement from Chance Mullen, Executive Director of the Housing Action Council (HAC), for services related to qualifying and certifying applicants for affordable housing at the Cambium complex. Fees for these services have increased approximately 3% since 2024. If approved, HAC would continue to recertify subtenants and qualify prospective occupants as vacancies arise from July 1, 2025 - June 30, 2026. Action Requested: Resolved that the Town Board retroactively approves the agreement with Housing Action Council Inc. to provide qualifying and certification services for affordable housing units for the Cambium Condominiums based on the proposal dated June 25, 2025 as presented, and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Town of Mamaroneck Recertifications Agreement- Cambium 2025 UPDATED Page 86 of 215 Housing Action Council Inc. 55 South Broadway, 2nd Fl • Tarrytown • NY 10591 (914) 332-4144 • Fax (914) 332-4147 • chancem@affordablehomes.orq June 25, 2025 TO: Meredith S. Robson Town Administrator Town of Mamaroneck FROM: Chance Mullen Executive Director RE: Qualifying/Certifying of Households for Cambium (2025) Dear Administrator Robson, Thank you for requesting a proposal from Housing Action Council ("HAC")to provide services to the Town of Mamaroneck to qualify and certify individuals for affordable housing units. It is our understanding that the Cambium includes 9 affordable units that are currently occupied and 1 affordable unit that is currently vacant, and that current occupants must be recertified on an annual basis and that when vacancies occur, prospective occupants must be qualified. Affordable rental housing units developed pursuant to the Fair&Affordable Housing provisions of your Zoning Ordinance (§240-28)must be occupied by qualified households and their household incomes must be recertified annually.Affordable for-sale units must be initially occupied by qualified households, and no annual recertification is required. The Town has designated the County of Westchester("County")as the agency responsible for administering the Fair&Affordable Housing provisions,which includes affirmative marketing requirements, conducting the lottery and overall monitoring. It does not include income qualifications or recertification. It is our understanding that at this time no affordable housing units have been developed under this Code. The Housing Action Council has extensive experience in qualifying prospective applicants and recertifying tenants in affordable units including The Danforth in Dobbs Ferry, Saw Mill Lofts in Hastings-on-Hudson, and the City of New Rochelle Affordable Housing Program. Below is a description of our services: When supporting the lease-up of new or vacant units,the Housing Action Council qualifies applicants in the order of their lottery(and/or waitlist)number and household size.Applicants are assessed to determine the completeness of their applications and income qualification, in accordance with the relevant selection criteria. HAC follows HUD's Part V Determination of Income requirements. The following documents are reviewed: • Six(6)most recent paystubs • Federal Tax Returns with all schedules • W-2s and 1099s • If self-employed, Profit&Loss Statement • Most recent three months of all bank, credit union and investment statements • Most recent statement of social security benefits and/or other benefits statements • Most recent statement of annuity payments • Most recent statement of retirement fund accounts (e.g., 403(b) and 401(k)) Page 87 of 215 • Birth certificate, driver's license,passport,military ID, state issued ID cards or other appropriate documentation Qualified applicants will be offered a unit subject to the owner/manager's screening criteria in the case of tenancy or support securing a responsible mortgage in the case of for-sale units. The Housing Action Council is available to assist a purchaser through the mortgage approval process. For annual recertifications,the Housing Action Council will conduct a similar analysis for household income qualification and household composition. HAC will certify that the tenant's income does not exceed the applicable income threshold established for the unit, and if the income exceeds the relevant income threshold,HAC will advise the Town,and/or its designee, in accordance with the Policies and Procedures established for the unit. When applications are rejected from consideration due to the applicant not meeting the relevant income requirements (or if the household size exceeds the occupancy standard for the units available), applicants are notified in writing of the grounds for the rejection and are given 14 days from the date of the letter to request a meeting with a representative from HAC to discuss and/or review the rejection. If the applicant requests such a meeting,HAC will schedule a meeting with the applicant within five (5) days of such request. The applicant may bring additional data to support their appeal or present a verbal explanation of why they should not be denied occupancy. Factors taken into consideration include but are not limited to: evidence of rehabilitation or repair of the disqualifying act; length of time since the occurrence of the disqualifying act; evidence of additional income, savings or the availability of gift funds; or the likelihood of the reoccurrence of the disqualifying act.A written decision regarding the appeal will be provided to the applicant within five (5) days of the meeting. In addition,the Housing Action Council will: • Set up a database to determine timing of annual recertifications • Provide timely notices to tenants re: recertification • Collect and analyze income documents and follow-up with tenants as needed • Notify tenants of determination • Provide semi-annual and annual report to the Town of Mamaroneck,or its designee, regarding the status of current lease-ups, sales and/or recertifications Our current fee schedule is as follows: o Recertification of Existing Tenants in Affordable Rental Units -- $415/unit o Screening &Qualifying New Applicants for Affordable Rental Units -- $1,025/leased unit o Screening &Qualifying Applicants for For-Sale Affordable Units -- $2,600/closed unit Thanks again for the opportunity to continue our partnership. If the Town Board approves this arrangement, it shall be in effect for all 2025 recertifications and lease-ups. This agreement will be in effect as of July 1, 2025 and will expire when all tenants have been recertified for 2025 or June 30, 2026,whichever is earlier. If you have any questions or would like to further discuss this proposal,please do not hesitate to call or email me at chancem@affordablehomes.org. Sincerely, fioz, Chance Mullen Executive Director Page 88 of 215 c 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 Re: "Waiver of Fees for Renewing Variances or Site Plan Approvals or Wetland Permits" Law Date: July 15, 2025 Enclosed are the revisions to the proposed 'Waiver of Fees for Renewing Variances, Site Plan Approvals, or Wetland Permits" law as submitted by Town Attorney, William Maker. This was previously discussed at the May 7, 2025 Town Board meeting. If the Board finds this version suitable for public consideration, by law it is required to refer the matter to the Planning Board for review. Upon Planning Board approval, the Town Board may proceed to set a public hearing. Action Requested: RESOLVED, that the Town Board hereby refers the revised proposed local law "Waiver of Fees for Renewing Variances, Site Plan Approvals, or Wetland Permits" to the Planning Board for its review and recommendation, and upon receipt of such recommendation, may proceed to set a public hearing to consider its adoption. Attachment/s: 2025-6-26-Revised LL and mx to TB2 Page 89 of 215 o 0 Town of Mamaroneck Q ' County of Westchester •FOUNDED 1661 • 740 West Boston Post Road, Mamaroneck, NY 10543-3353 COUNSEL TEL: 914/ 381-7815 FAX: 914/381-7809 WMakerJr@TownofMamaroneckNY.org MEMORANDUM To: Members of the Town Board cc: Meredith S. Robson, Town Administrator Allison May, Town Clerk From: William Maker,Jr., Attorney for the Town Subject: Waiver of fess for land use approvals under limited circumstances Date: June 26,2025 At the Town Board's May 7th meeting, the Board referred to the Planning Board a proposed local law that will excuse payment of a fee to renew certain land use approvals. The Building Inspector pointed out to me that the law as proposed would not aid persons whose approvals already had expired. Consequently,I stopped the referral to the Planning Board to allow me to advise this Board of the Building Inspector's observation and to propose a variation for this Board to consider, my logic being that rather than ask the Planning Board to review two laws, it would be better for the Town Board to entertain (or reject) my suggestion so that the Planning Board will only have one proposed law to analyze. I attach a revised proposal which, in a redline of the law that the Board has seen, carves out an exception from the general rule, that to avoid having to pay fees, a request to extend must be made before an approval expires, for persons whose approvals already have or will expire in 2025 so long as they apply by January 30,2026(the 31st being a Saturday).Since the law,if enacted, will not go into effect until near the end of the third quarter of this year, at the earliest, this timeline affords a '2025 expiree' three to four months to take advantage of the exception. If the Town Board considers this revised law worthy of public discussion, it should refer it to the Planning Board.for a report as required by Mamaroneck Town Code§240-92B. Page 90 of 215 Local Law No. -2025 This local law shall be known as the "Waiver of Fees for Renewing Variances or Site Plan Approvals or Wetlands Permits" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1—Purpose: Variances, site plan approvals and wetland permits expire if building permits for the work they approved are not issued within a fixed time period. There are times when the Building Inspector cannot issue a building permit for the work authorized by a variance within the statutory time period because an agency outside the Town's jurisdiction (e.g. the Army Corps of Engineers) must grant its approval before the Building Inspector can act. Similarly, a property owner may obtain a variance to do restorative work necessitated by a natural disaster for which the owner is eligible for financial aid from an outside source but either the owner has not received such aid, or the outside source has not acted upon the property owner's request for such aid. These same situations occur for persons who have been issued site plan approvals (residential or commercial) or wetlands permits. To preserve their variances, site plan approvals or wetland permits, persons are required to pay a fee to renew them. The Town Board finds that a property owner should have one reprieve from having to pay a renewal fee when a building permit is not issued for one of the reasons recited above. Section 2—Addition of a new section to the Mamaroneck Code: The Code of the Town of Mamaroneck hereby is amended to add a new section 240-91 thereto. §240-91 Waiver of Fees under Certain Limited Circumstances. A. As used in this article, the following terms shall have the meanings indicated: Outside Agency A governmental agency that is not affiliated with or under the control of the Town. Town Approval A variance, a site plan approval granted pursuant to either Chapter 177 or Chapter 178 of the Code of the Town of Mamaroneck or a wetlands permit. Page 91 of 215 B. A person shall not be required to pay a fee for requesting the extension of a Town Approval if either (1) approval by an Outside Agency is required before a building permit can be issued for the work permitted by the Town Approval or (2) the application. for Town Approval arose out of a natural disaster which makes the owner or the applicant entitled to financial aid from a municipal agency and (i) the owner or the applicant has filed for the approval of such Outside Agency or for such financial aid and (if) the owner or the applicant produces satisfactory evidence to the Building Department showing that the approval from such Outside Agency or the approval of financial aid has been prosecuted diligently and either (lll) the approval of such Outside Agency has not been obtained or the claim for financial aid was approved but the owner or the applicant has not received such aid or (iv) a decision on whether the owner or the applicant is entitled to receive financial aid has not been made. C. A person is entitled to have the fee for requesting the extension of a Town Approval waived once for each Town.Approval that such person seeks to extend. D. To be eligible for an exemption from paying the fees for requesting the extension of a Town Approval, the holder of such approval must apply for such extension before the Town A royal. ex Tres. Notwithstandin7 a erson whose Town A roval ex ires durin 2025 shall. not be required to pay the fees for applying for the same Town Approval if such person would have been eligible for the exemption if a request for an extension had been made before such Town Approval had expired and the application for the same Town Approval is made no later than January 30, 2026, 2 Page 92 of 215 Section 3—Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4—Effective Date: This Local Law shall become effective upon filing with the Secretary of State. May-2June 26,2025 3 Page 93 of 215 0 ul 1 rrl Town of Mamaroneck in # x Town Center FOUNDED 1661 i 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: Proposed 2025 Water Rate Increase Date: July 15, 2025 Attached please find a memo from Tracy Yogman regarding the proposed 2025 Water Rate increase. Action Requested: Resolved that the Town Board hereby authorizes an increase of 5% to be applied to all applicable water use rates charged by the Westchester Joint Water Works effective with the next month's water bill. Page 94 of 215 u_r "v t1; n 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.gov Date: July 15, 2025 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Proposed 2025 Water Rate Increase General: The Town is a member of the Westchester Joint Water Works (WJWW) that provides water to the unincorporated area of the Town and bills the residents directly based on usage at the rates authorized by the Town Board. WJWW uses the water revenue to fund all of its operating expenses. Water revenues fluctuate based on weather conditions and usage each year. WJWW has evaluated the water rates for the three WJWW participating Municipalities. At this time, the Town Board is being asked to consider a water rate increase of 10%. At the end of each fiscal year, WJWW distributes the net income of that year in the following fiscal year to the Village of Mamaroneck, the Town of Mamaroneck and the Town/Village of Harrison proportionately. It is estimated that the Town's share of approximately 35% of the net income for 2025 in the amount of $2.8 million will be distributed to the Town's Water District in 2026. That revenue is used to fund capital needs and debt service for water projects. The Rye Lake Filtration Plant is a multi-year project of $205 million and the Town's share will be $29.8 million, net of the Town's share of a $30 million EFC grant. The Town has bonded $12.5 million to date. It is anticipated that $3.4 million from fund balance will be used and that either a bond or an EFC loan for the additional $13.9 million will be issued over the next three calendar years. Borrowing evenly each year, over the next few years will level out the required water rate increases while providing the cash flow necessary to complete the project. The fund balance in the Town's Water District is anticipated to be $2.6 million at the end of 2025. In an effort to limit debt and keep water fee increases as low as possible for the Rye Lake Filtration Plant project, fund balance will be utilized as indicated above. Based on the Rye Lake Filtration Plant project, inflation and supply chain issues relating to materials and NYC water rate increases, it is prudent to consider an increase of 5% which is about half of the recommended increase. The fund balance will be sufficient with this increase to fund a portion of the Page 95 of 215 Rye Lake Filtration Plant. The average household annual water bill would increase from $1,702 to $1,787 or approximately $85 annually. Page 96 of 215 61' 47, 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 Re: 2025 Capital Budget Amendments Date: July 15, 2025 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding 2025 Capital Budget Amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 97 of 215 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 tyogman@townofmamaroneckNY.org Date: July 15, 2025 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2025 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2025 capital budget amendments are recommended for approval. 1. Town Center Generator (Project H1603) The bid award for the installation of the Town Center Generator came in at$17,077 higher than the available budget. A budget amendment is recommended below to transfer funds from the General Fund contingency to complete the project. 2. Park Lane Storage#2 (Project H1397) The funding for this project was initially planned to be funded through a bond issue. After a budget amendment, funding will now be on a cash basis. A small budget amendment is needed to fund advertising costs from the Water Fund contingency account. 3. Ice Rink BMS (Project H7219) The 2025 Adopted Budget included a project to upgrade the Honeywell Building Maintenance System (BMS) at the ice rink to alert staff of critical changes in the mechanical or HVAC system. After consulting with the technicians, it will take multiple phases at a cost of approximately $100k or more. The benefits of this upgrade do not warrant the investment. This project was funded through a cash transfer. A budget amendment is recommended below to return these funds to the Ice Rink Trust Fund. The Trust Fund will have a balance of$68,517.15 after these funds are returned. Page 98 of 215 Attachment/s: 2025 CAPITAL BUDGET AMENDMENTS - July 15, 2025 Page 99 of 215 2025 CAPITAL BUDGET AMENDMENTS Increase/ Item# Type Budget Account Description (Decrease) Amount Capital Rind(FUND H) 1 Fbvenue H1603-5031 Transfer from GeneralFund Increase 17,076.88 Expense H1603-0400 Town Center Generator Increase 17,076.88 2 Fbvenue H1397-4022 Park Lane aorage#2- Bond exp Increase 207.60 Expense H1397-5038 Transfer from Water Fund Increase 207.60 3 Fbvenue H7219-2705 Gfts/Donations- Ice IRnkTrust Decrease (30,000.00) Expense H7219-0400 Ice Fink BMS Decrease (30,000.00) GalEF AL FUND(FUND A) 1 Expense A9900-9950 Transfer to Capital (H1603) Increase 17,076.88 Expense A1900-4050 Contingency Decrease (17,076.88) WATER FUND(FUND SW) 2 Expense Sh9900-9950 Transfer to Capital (H1397) Increase 207.60 Expense SVv8340-4050 Contingency Decrease (207.60) Page 100 of 215 c 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.gov To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Robert P. Wasp, Town Engineer Re: Award of Bid- TA-25-08 Town Center Generator Installation Date: July 15, 2025 Attached please find a memo from Robert Wasp, Town Engineer, regarding the award of bid for TA- 25-08 - Town Center Generator Installation. In order to fully fund this project, Comptroller Tracy Yogman has requested a capital budget amendment of$17,077.00. Action Requested: Resolved that the Town Board hereby awards Bid TA-25-08 - Town Generator Installation to Naber Electric Corp. for the base bid amount of $333,333.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 101 of 215 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: July 15, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Award of Bid- TA-25-08 Town Center Generator Installation General: Bid procurement was recently completed for the site preparation and installation work for the previously ordered Town Center Generator. Based upon the extensive lead time for equipment, the Town purchased the new generator unit and automatic transfer switch (ATS) through the Sourcewell cooperative contract in 2024. The current bid scope provides new concrete slabs, underground utility trenchwork, electrical modifications and startup/testing for the new generator installation. On June 12th, 2025, three (3) bid proposals were received as summarized on the attached bid tabulation table and separate recommendation memorandum prepared by the Town design consultant "EDR". The lowest responsive bid proposal was received from Naber Electric Corp. in the amount of $333,333.00. References provided for Naber Electric Corp. shared positive feedback on their past completed contract work. No other errors or omissions have been identified during the review process for the contractor's bid. Naber Electric acknowledged this project is a single contract and will be responsible for all scopes of work as well as accepting delivery for both the generator and ATS off site. The Engineering Department recommends the authorization of contract award Naber Electric Corp. based upon their submitted base bid amount of$333,333.00. Funding for the Town Center Generator Installation project was budgeted as part of capital project H1603. Additional funding in the amount of $17,077.00 is required through a capital project amendment to fully fund the contract award. No additional expenses are anticipated at this time to necessitate a larger budget amendment. Please feel free to contact me with any questions. Attachment/s: Final Bid TabulationTA-25-08-061225 EDR Town Center Award Letter Page 102 of 215 j \ \ \\ a,4 ) / \ / ) } fO ; z . \ }} / 2w \ 2 { w q rq \ ) \ CD \ E 0 \ ! 0• a » ( � e § ) ; w ua ) \ NEC K �^ 4,4" ; / Page 103 of 215 CDR June 24, 2025 Robert P. Wasp, P.E. Town Engineer Town of Mamaroneck 740 West Boston Post Road RE: Town Center Generator Contract# TA-25-08 EDR Project No. L2310 Dear Mr. Wasp: There were three (3) bids submitted for the Town Center Generator project, Contract TA-25-08. The bids ranged from the low bid of $333,333.00 to 47,4784.00. The apparent low bidder is Naber Electric Corp. Bids were also received from J.T. Oronzio, $469,000; and E-J Electric Installation Co., $477,784.00. EDR has contacted Awni Naber, President of Naber Electric Corp. Naber Electric has indicated they have taken no exceptions to the bid and will provide all materials and labor to install the pre-purchased generator and automatic transfer switch. Naber Electric noted they understand the project is single contract and they will include all required excavation, concrete and site work, as well as accepting delivery for the generator and ATS off site. We, therefore, recommend the bid to be awarded to Naber Electric Corp. in the amount of$333,333.00. Sincerely, 0 John Dulak Senior Electrical Engineer EDR 12 Water Street,Suite 202,White Plains,NY 10601 914.607.7944 www.edrdpc.com Page 104 of 215 c 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: Robert P. Wasp, Town Engineer Re: Award of Bid- TA-25-09 "Senior Center Renovations" Date: July 15, 2025 Attached please find a memo from Town Engineer, Rob Wasp, requesting consideration of award of bid TA-25-09 "Senior Center Renovations." You may recall that this work has previously bid on two occasions and was rejected twice due to costs that exceeded budget estimates. Further evaluation, value engineering measures and project phasing have now brought the cost within budget estimates, however, the scope of work is now largely just interior. Exterior work is still needed and will be addressed as a future project. We are recommending award to Lisi Contracting, Inc. Action Requested: Resolved that the Town Board hereby awards Bid TA-25-09 Senior Center Renovations to Lisi Contracting,Inc. for the base bid plus Add Alternate#1 for a total cost not to exceed $726,199.09 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 105 of 215 u_r "v t; n Town of Mamaroneck 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: July 15, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Award of Bid- TA-25-09 "Senior Center Renovations" General: Bid procurement was recently completed for the Town Senior Center Renovations project. The project scope consists of various interior renovations in the Center's Activity Room, Foyer, and Front Porch. New heating, ventilation and air conditioning (HVAC) and energy efficiency upgrades comprise the majority of the interior renovation scope of work. Necessary work for asbestos material mitigation was incorporated to the project due to completed material testing results. Previous bid proposals were rejected by the Town Board in July 2024 and February 2025. Exterior building improvements that were included in the previous bid advertisement have been postponed for consideration as a future capital project. The interior work scope has also been modified through value engineering to reduce costs while maintaining critical components. On May 22nd, 2025, nine (9) bid proposals were received as summarized on the attached bid tabulation table and separate recommendations memorandum prepared by Town architectural consultant"Lewis & Lewis". The lowest price proposal received from "Unified Commercial Alliance Group Limited" was found to have significant omissions and has requested to withdraw their unresponsive bid proposal accordingly. The lowest responsive, responsible bid proposal was received from "Lisi Contracting, Inc. at the submitted base bid price of$713,159.09. References provided by Lisi shared positive feedback on their completed projects that include commercial and institutional facility renovations. Lisi has also confirmed their understanding of the required specifications for the Senior Center project. Bid proposals were submitted with three add Alternates to provide the Town opportunity to include additional discretionary renovations in the award. Add Alternate #1 includes replacement of(6) rear facing windows in the activity room area, while Alternates #2 and#3 consist of replacement of plaster ceilings, decorative trim and installation of new LED lighting inside respective portions of the Activity Room and Foyer. The presence of ACM in the existing ceiling compound drives the cost- premium for Alternates #2 & #3. Replacement of the (6) windows in Alternate #1 is advisable to be completed while the rear wall is opened for the installation of new required insulation. The Page 106 of 215 Engineering Department recommends the authorization of contract award for the base bid with add Alternate#1 to Lisi Contracting at the total award amount of$726,199.09, accordingly. Funding for the Senior Center Renovations project was budgeted as part of capital project H6758. Additional contingency for moving costs and temporary facilities during construction have been considered in conjunction with the capital project. The available budget in H1614 is sufficient to fully fund the recommended contract award and contingency reserve. Please feel free to contact me with any questions. Attachment/s: Tabulation TA-25-09 Senior Center F Ltr to R Wasp Re Lisi TA-25-09 Page 107 of 215 } \\ \ a ) ( / \`g - , \ '-',- .L.' `/7 ,g11, \\ -g. \ \ \ \ \ \ 3°a ! \ \\ \ \ \ / \ \ \ \ )` ` \ \\ ' P § I I \ I 3 2 \ \\ \ \ \ \ \ \ \ / ® \\}\ \ \ \ _\ \ \ \ !! ] ` ` ` ` a / ] \\ \ ( )) / ` ( / / / } \ . \ ƒlb \ / - } k E; 2 ; Z j' = 'a' , ,j: " E ){ \ \ \\ \\ )\ \)\ \ _ j ) l K? ) ! / \ }\ : \; : a ®\e 5a \ , } \) /)} �°% P \ ! ! j | j \ � , \ \\ \ \` » 2 \ 9 . 9 . / / - ; = e Page 108 of 215 LEWIS + LEWIS ARCH ITECTS 144 Larchmont Ave Phone: 914-315-6454 Larchmont, New York 10538 Email: paige@lewisandlewisarchitects.com June 12, 2025 Robert Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 W. Boston Post Road Mamaroneck, NY 10543 Re: Contractor Recommendation - Lisi Contracting Inc. (Contract #TA-25-09) Dear Rob, At your request we have contacted the references provided by Lisi Contracting, Inc. ("Lisi") to investigate their and track record in the role of general contractor for projects of similar scope to the proposed Senior Center Renovations project (Contract #TA-25-09). The references provided uniformly positive feedback and indicated that Lisi has demonstrated the ability to meet project timelines and maintain budget discipline. Communication from the firm was described as clear and consistent, and any issues that arose during the work were ably resolved, according the references that we spoke to. Accordingly, and on this basis, we have no concerns and recommend that the Town proceed with contracting with Lisi for the project. Best regards, 1 Paige Lewis, AIA Lewis + Lewis Architects Page 1 of 1 Page 109 of 215 c 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 Re: Consultant Selection for Rockland Ave Bridge Superstructure Replacement — PIN# 8763.18 Date: July 15, 2025 Attached please find a memo from Town Engineer, Rob Wasp requesting authorization to hire consultants Hudson Valley Engineering Associates (HVEA Engineers) to support the Rockland Avenue Bridge Replacement project. You may recall that specific procedures for the procurement of consultant services must be followed as part of the awarded NYSDOT BridgeNY grant funding. Approximately 61% ($171,589.00) is anticipated to be eligible for reimbursement as part of the BridgeNY grant allocation. Action Requested: Resolved that the Town Board hereby authorizes the contract with Hudson Valley Engineers Associates for engineering support to the Town on the Rockland Avenue Bridge Superstructure Replacement — PIN# 8763.18 project for the amount of $280,553.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Page 110 of 215 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: July 15, 2025 To: Meredith Robson, Town Administrator From: Robert P. Wasp, Town Engineer CC: Tracy YogmanTown Comptroller Subject: Consultant Selection for Rockland Ave Bridge Superstructure Replacement— PIN# 8763.18 General: The Town was previously awarded grant funding in the amount of $769,000 towards the Rockland Avenue Bridge Superstructure Replacement project. Specific procedures for the procurement of consultant services must be followed as part of the awarded NYSDOT BridgeNY funding. Chapter 6 of the NYSDOT Procedures for Locally Administered Federal Aid Projects (PLAFAP) outlines these requirements that include selection criteria and consultant DBE participation goals that must be adhered to for expenses to be eligible for reimbursement under the grant. The Town advertised a request for qualifications (RFQ) following the NYSDOT's template to prequalified firms on the Region 8 - New York State County Highway Superintendent's Association (NYSCHSA) list. Two (2) proposals were received in response from the fifteen (15) firms identified on the list. Consultant proposals were reviewed and ranked by the Engineering Department following a scoring rubric considering the technical expertise,project specific approach and experience with the NYSDOT BridgeNY program. Please refer to the enclosed scoring rubric tabulation. The proposal from Hudson Valley Engineering Associates (HVEA Engineers) was determined to be most qualified based upon our rankings and previous experience working with the Town through the Waverly Avenue Bridge Replacement. The Town held proposal scoping sessions with HVEA Engineers on April 3rd and June 17th, 2025. The provided contract proposal dated June 17th includes preliminary and detailed design work in addition to right-of-way incidentals consistent with the NYSDOT requirements. The contract fee total is $280,553.00, of which $171,589.00 is anticipated to be eligible for reimbursement as part of the BridgeNY grant allocation. The Engineering Department recommends consideration of contract authorization with HVEA Engineers to support the project. Funding for the Rockland Avenue Bridge project is budgeted as part of Town Capital Project H5050. Sufficient budget is available to authorize the recommended contract award. It is acknowledged that Page 111 of 215 escalation of construction costs will likely exceed the project estimate that was developed at the time of grant application. The Town and it's consultant(s) will pursue opportunities to obtain additional funding for the project through the design development process. Please feel free to contact me with any questions. Attachment/s: RFQ Rankings_03 312025 Rockland Ave Contract 20250617 Page 112 of 215 \ G s « \ M Q j \ \ { % \ \ \ 0 LT § 2 & 3 3 3 w © - N § % / - # > 2 2 \ \ / J • \ 3 < w - © Q N m / \ occ - / E r § 3 3 < \ # u « Q ® ° # - 3 ' / @ \ / 2 2 § \ \ ƒ \ 0 N ct A CI).' / \ 3 3 3 < © © 3 \ . � \ \ § t o k / ) [ § \ / \ \ a) 2 / § J / / 9 \ \ \ § 0 \ 00 k ± Q •_ & 0 6 2 / '5 0 $ @ o ) \ 0 m $ k S = 2 3 E / % $ / Q \ \ 2 ® asm \ / \ d / § \ / ±& \ H 5 R_! Page 113 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Architectural/ Engineering Consultant Contract Municipal Contract No. Agreement made this day of , by and between The Town of Mamaroneck (Municipal Corporation) Having its principal office at 740 West Boston Post Road, Mamaroneck, New York 10543 (the "Municipality') and HVEA Engineers with its office at 560 Route 52, Beacon, New York 12508 (to be known throughout this document as the "Consultant") WITNESSETH: WHEREAS, in connection with a federal-aid project funded through the New York State Department of Transportation ("NYSDOT") identified for the purposes of this contract as Rockland Avenue Bridge Superstructure Replacement (as described in detail in Attachment A annexed hereto, the "Project") the Sponsor has sought to engage the services of a Consultant Engineer) to perform the scope of services described in Attachment B annexed hereto; and WHEREAS, in accordance with required consultant selection procedures, including applicable requirements of NYSDOT and/or the Federal Highway Administration ("FHWA"), the Sponsor has selected the Consultant to perform such services in accordance with the requirements of this Contract; and WHEREAS, , is authorized to enter this Contract on behalf of the Sponsor, NOW, THEREFORE, the parties hereto agree as follows: ARTICLE 1. DOCUMENTS FORMING THIS CONTRACT This contract consists of the following: • Agreement Form - this document titled "Architectural/Engineering Consultant Contract"; • Attachment "A" - Project Description and Funding; • Attachment "B" —Scope of Services; • Attachment "C" - as applicable, Staffing Rates, Hours, Reimbursables and Fee. 1 Page 114 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement ARTICLE 2. SCOPE OF SERVICES/STANDARD PRACTICES AND REQUIREMENTS 2.1 The CONSULTANT shall render all services and furnish all materials and equipment necessary to provide the Sponsor with plans, estimates and other services and deliverables more specifically described in Attachment "B". 2.2 The CONSULTANT shall ascertain the applicable practices of the Sponsor, NYSDOT and/or FHWA prior to beginning any of the work of this PROJECT. All work required under this Contract shall be performed in accordance with these practices, sound engineering standards, practices and criteria, and any special requirements, more particularly described in Attachment "B". 2.3 The CONSULTANT will commence work no later than ten (10) days after receiving notice to proceed from the Sponsor. ARTICLE 3. COMPENSATION METHODS, RATES AND PAYMENT As full compensation for Consultant's work, services and expenses hereunder the Sponsor shall pay to the CONSULTANT, and the CONSULTANT agrees to accept compensation based the methods designated and described below. Payment of the compensation shall be in accordance with the Interim Payment procedures shown in the table and the final payment procedure in Article 6. 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Q as E _ � a - O 2 M U M I— �' E- ** - Page 116 of 215 c4 g W W E1 A* Ce 0 H z M 0 NON E as a) w W l— c ,_ H Z - 0, Q W � Q QC.) - WW cy J W a o U a) U J c w a Q a . Z cf � � -'0 '0 c 0 � E ,� 'le, E iv ,- 00 $V, 0 ca U W A o o OZ W o o 0 U "0 O � N L P1 •E O 0 0 h, 4-1 0 3 ,0 Cll O O aW a) O ', ,_ �' ' N s, L N coE • c 4) : O D V) E• N fir a --- O c% M c Y M 1- �• ' ® - Page 117 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement ARTICLE 4. INSPECTION The duly authorized representatives of the Sponsor, and on Federally aided projects, representatives of the NEW YORK STATE DEPARTMENT OF TRANSPORTATION and the FEDERAL HIGHWAY ADMINISTRATION, shall have the right at all times to inspect the work of the CONSULTANT. ARTICLE 5. AUDITS 5.1 Payment to the Consultant is subject to the following audit rights of the Sponsor: A. For Cost Plus Fixed Fee Method - All costs are subject to audit, i.e. labor, direct non- salary, overhead, and fee. B. For Specific Hourly Rate Method - Labor hours and direct non-salary costs are subject to audit. If elements subject to audit are less than $300,000, an audit may be waived by the Sponsor. C. For Lump Sum Cost Plus Reimbursables Method - Only direct non-salary costs are subject to audit. If elements subject to audit are less than $300,000, an audit may be waived by the Sponsor. 5.2 In order to enable the Sponsor to process the final payment properly and expeditiously, the CONSULTANT is advised that all of the following documents and submissions, as the same may be appropriate to this contract, are considered to be necessary to enable the commencement of the audit. A. Records of Direct Non-Salary Costs; B. Copies of any subcontracts relating to said contract; C. Location where records may be examined; and D. Name, address, telephone number of person to contact for production. The application for final payment is not considered complete until receipt of these documents and information. ARTICLE 6. FINAL PAYMENT 6.1 The Sponsor will make final payment within sixty (60) calendar days after receipt of an invoice which is properly prepared and submitted, and all appropriate documents and records are received. 6.2 The acceptance by the CONSULTANT of the final payment shall operate as and shall be a release to the Sponsor from all claims and liability to the CONSULTANT, its representatives and assigns for any and all things done, furnished for or relating to the services rendered by the CONSULTANT under or in connection with this Contract or for any part thereof except as otherwise provided herein. 5 Page 118 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement ARTICLE 7. EXTRA WORK 7.1 Consultant's performance of this Contract within the compensation provided shall be continuously reviewed by the CONSULTANT. The CONSULTANT shall notify the Sponsor of the results of those reviews in writing by submittal of a Cost Control Report. Such Cost Control Report shall be submitted to the Sponsor on a monthly basis or such alternative interval as the Sponsor directs in writing. 7.2 If the CONSULTANT is of the opinion that any work the CONSULTANT has been directed to perform is beyond the scope of the PROJECT Contract and constitutes extra work, the CONSULTANT shall promptly notify the Sponsor, in writing, of this fact prior to beginning any of the work. The Sponsor shall be the sole judge as to whether or not such work is in fact beyond the scope of this Contract and constitutes extra work. In the event that the Sponsor determines that such work does constitute extra work, the Sponsor shall provide extra compensation to the CONSULTANT in a fair and equitable manner. If necessary, an amendment to the PROJECT CONTRACT, providing the compensation and describing the work authorized, shall be prepared and issued by the Sponsor. In this event, a Supplemental Agreement providing the compensation and describing the work authorized shall be issued by the Sponsor to the CONSULTANT for execution after approvals have been obtained from necessary Sponsor officials, and, if required from the Federal Highway Administration. 7.3 In the event of any claims being made or any actions being brought in connection with the PROJECT, the CONSULTANT agrees to render to the Sponsor all assistance required by the Sponsor. Compensation for work performed and costs incurred in connection with this requirement shall be made in a fair and equitable manner. In all cases provided for in this Contract for the additional services above described, the Sponsor's directions shall be exercised by the issuance of a separate Contract, if necessary. ARTICLE 8. CONSULTING LIABILITY The CONSULTANT shall be responsible for all damage to life and property due to negligent acts, errors or omissions of the CONSULTANT, his subcontractors, agents or employees in the performance of his service under this Contract. Further, it is expressly understood that the CONSULTANT shall indemnify and save harmless the Sponsor from claims, suits, actions, damages and costs of every name and description resulting from the negligent performance of the services of the CONSULTANT under this Contract, and such indemnity shall not be limited by reasons of enumeration of any insurance coverage herein provided. Negligent performance of service, within the meaning of this Article, shall include, in addition to negligence founded upon tort, negligence based upon the CONSULTANT's failure to meet professional standards and resulting in obvious or patent errors in the progression of his work. Nothing in this Article or in this Contract shall create or give to third parties any claim or right of action against the Sponsor beyond such as may legally exist irrespective of this Article or this Contract. The CONSULTANT shall procure and maintain for the duration of the work for such project(s), Professional Liability Insurance in the amount of One Million Dollars ($1,000,000) per project, issued to and covering damage for liability imposed on the CONSULTANT by this Contract or law arising out of any negligent act, error, or omission in the rendering of or failure to render professional services required by the Contract. The CONSULTANT shall supply any certificates 6 Page 119 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement of insurance required by the Sponsor and adhere to any additional requirements concerning insurance. ARTICLE 9. WORKER'S COMPENSATION AND LIABILITY INSURANCE This contract shall be void and of no effect unless the CONSULTANT shall secure Workman's Compensation Insurance for the benefit of, and keep insured during the life of this contract, such employees as are necessary to be insured in compliance with the provisions of the Workman's Compensation Law of the State of New York. The CONSULTANT shall secure policies of general and automobile liability insurance, and maintain said policies in force during the life of this contract. Said policies of insurance shall protect against liability arising from errors and omissions, general liability and automobile liability in the performance of this contract in the sum of at least$1,000,000.00 (One Million dollars) each. The CONSULTANT shall furnish a certified copy of said policies to the Sponsor at the time of execution of this contract. ARTICLE 10. INTERCHANGE OF DATA All technical data in regard to the PROJECT existing in the office of the Sponsor or existing in the offices of the CONSULTANT shall be made available to the other party to this Contract without expense to such other party. ARTICLE 11. RECORDS RETENTION The CONSULTANT shall establish and maintain complete and accurate books, records, documents, digital files, accounts and other evidence directly pertinent to performance under this contract (collectively called the "Records"). The Records must be kept for a minimum of six (6) years or three (3) years after final payment is received, whichever is later. The Sponsor, State, Federal Highway Administration, or any authorized representatives of the Federal Government, shall have access to the Records during normal business hours at an office of THE CONSULTANT within the State of New York or, a mutually agreeable reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. ARTICLE 12. DAMAGES AND DELAYS The CONSULTANT agrees that no charges or claim for damages shall be made by him for any delays or hindrances from any cause whatsoever during the progress of any portion of the services specified in this Contract. Such delays or hindrances, if any, shall be compensated for by an extension of time for such reasonable period as the Sponsor may decide, it being understood however, that the permitting of the CONSULTANT to proceed to complete any services or any part of them after the date of completion or after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the Sponsor of any of its rights herein. Nothing in this ARTICLE will prevent the CONSULTANT from exercising his rights under ARTICLE 7 of this contract. ARTICLE 13. TERMINATION 7 Page 120 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement The Sponsor shall have the absolute right to terminate this Contract, and such action shall in no event be deemed a breach of contract: A. for convenience of the Sponsor - if a termination is brought about for the convenience of the Sponsor and not as a result of unsatisfactory performance on the part of the CONSULTANT, final payment shall be made based on the basis of the CONSULTANT'S compensable work delivered or completed prior to and under any continuing directions of such termination. B. for cause - if the termination is brought about as a result of the Sponsor's determination of unsatisfactory performance or breach of contract on the part of the CONSULTANT, the value of the work performed by the CONSULTANT prior to termination shall be established by the percent of the amount of such work satisfactorily delivered or completed by the CONSULTANT to the point of termination and acceptable to the Sponsor, of the total amount of work contemplated by the PROJECT CONTRACT. ARTICLE 14. DEATH OR DISABILITY OF THE CONSULTANT In case of the death or disability of one or more but not all the persons herein referred to as CONSULTANT, the rights and duties of the CONSULTANT shall descend upon the survivor or survivors of them, who shall be obligated to perform the services required under this Contract, and the Sponsor shall make all payments due to him, her or them. In case of the death or disability of all the persons herein referred to as CONSULTANT, all data and records pertaining to the PROJECT shall be delivered within sixty (60) days to the Sponsor or his duly authorized representative. In case of the failure of the CONSULTANT's successors or personal representatives to make such delivery on demand, then in that event the representatives of the CONSULTANT shall be liable to the Sponsor for any damages it may sustain by reason thereof. Upon the delivery of all such data to the Sponsor, the Sponsor will pay to the representatives of the CONSULTANT all amounts due the CONSULTANT, including retained percentages to the date of the death of the last survivor. ARTICLE 15. CODE OF ETHICS The CONSULTANT specifically agrees that this Contract may be canceled or terminated if any work under this Contract is in conflict with the provisions of any applicable law establishing a Code of Ethics for Federal, State or Municipal officers and employees. ARTICLE 16. INDEPENDENT CONTRACTOR The CONSULTANT, in accordance with his status as an independent contractor, covenants and agrees that he will conduct himself consistent with such status, that he will neither hold himself out as, nor claim to be, an officer or employee of the Sponsor by reason hereof, and that he will not, by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the Sponsor, including but not limited to Worker's 8 Page 121 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Compensation coverage, Unemployment Insurance benefits, Social Security coverage or Retirement membership or credit. ARTICLE 17. COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Sponsor shall have the right to annul this Contract without liability, or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 18. TRANSFER OF AGREEMENT The CONSULTANT specifically agrees, that he is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of the Contract or of his right, title or interest therein, or his power to execute such Contract, to any other person, company or corporation, without the previous consent in writing of the Sponsor. If this provision is violated, the Sponsor may revoke and annul the Contract and the Sponsor shall be relieved from any and all liability and obligations there under to the person, company or corporation to whom the CONSULTANT shall purport to assign, transfer, convey, sublet or otherwise dispose of the Contract without such consent in writing of the Sponsor. ARTICLE 19. PROPRIETARY RIGHTS The CONSULTANT agrees that if patentable discoveries or inventions should result from work described herein, all rights accruing from such discoveries or inventions shall be the sole property of the CONSULTANT. However, the CONSULTANT agrees to and does hereby grant to the United States Government and the State of New York and the Sponsor a nonexclusive, nontransferable, paid-up license to make, use, and sell each subject invention throughout the world by and on behalf of the Government of the United States and states and domestic municipal governments, all in accordance with the provisions of 48 CFR 1-27. ARTICLE 20. SUBCONTRACTORS/ SUBCONSULTANTS All SUBCONTRACTORS and SUBCONSULTANTS performing work on this project shall be bound by the same required contract provisions as the CONSULTANT. All agreements between the CONSULTANT and a subcontractor or other SUBCONSULTANT shall include all standard required contract provisions, and such agreements shall be subject to review by the Sponsor. ARTICLE 20.1 PROMPT PAYMENT. While federal regulation (49 CFR 26.29) requires payment to subcontractors within 30 days, New York State law is more stringent. NYS General Municipal Law §106-b and NYS Finance Law Article 9, §139-f require prime contractors and prime consultants to pay their vendors within seven (7) calendar days of receipt of payment from the public owner/sponsor, and provides for interest on late payments for all public works contracts. Contract provisions incorporating any other 9 Page 122 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement payment schedule will not be allowed. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented. When the Sponsor has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. ARTICLE 21. CERTIFICATION REQUIRED BY 49 CFR, PART 29 The signator to this Contract, being duly sworn, certifies that, EXCEPT AS NOTED BELOW, its company and any person associated therewith in the capacity of owner, partner, director, officer, or major stockholder (five percent or more ownership) A. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; B. has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; C. does not have a proposed debarment pending; and D. has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. ARTICLE 22. CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing this Contract to the best of his or her knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the standard "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 10 Page 123 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be, included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. ARTICLE 23. RESPONSIBILITY OF THE CONSULTANT A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without undue delays and without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. However, the Sponsor may in certain circumstances, provide compensation for such work. B. Neither the Sponsor's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the CONSULTANT shall be and remain liable to the Sponsor in accordance with applicable law for all damages to the Sponsor caused by the CONSULTANT'S negligent performance or breach of contract of any of the services furnished under this contract. C. The rights and remedies of the Sponsor provided for under this contract are in addition to any other rights and remedies provided by law. D. If the CONSULTANT is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. ARTICLE 24. NON-DISCRIMINATION REQUIREMENTS The CONSULTANT agrees to comply with all applicable Federal, State and Sponsor Civil Rights and Human Rights laws with reference to equal employment opportunities and the provision of services. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal Statutory and constitutional non-discrimination provisions, the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, CONSULTANT agrees that neither it nor its SUBCONSULTANTS shall, by reason of race, creed, color, disability, sex or national origin; (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this Contract. CONSULTANT is subject to fines of$50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this Contract and forfeiture of all moneys due hereunder for a second or subsequent violation. ARTICLE 25. CERTIFICATION REQUIRED BY 40 CFR 111506.5(c) 11 Page 124 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement If the work of the PROJECT includes the preparation of an Environmental Impact Statement(EIS), the signator to this Contract, being duly sworn, certifies that its company and any person associated therewith in the capacity of owner, partner, director, officer, or major stockholder (five percent or more ownership) does not have any financial or other interest in the outcome of the project including: a. an existing contract for the PROJECTs ROW incidental work or construction engineering; or b. ownership of land, options to buy land, or some business enterprise which would be financially enhanced or diminished by any of the PROJECT alternatives. This does not preclude the CONSULTANT from being awarded a future contract covering the work describe in this Article or being awarded Phases V& VI Final Design after the EIS has been approved. ARTICLE 26. BIDDING OF DIRECT NON-SALARY ITEMS (unless more restrictive municipal laws apply) For all contracts other than personal services in excess of $5,000, the consultant shall solicit a number of quotes from qualified subcontractors so that at least three (3) quotes will be received. For all contracts other than personal services in excess of $20,000 except printing contracts in excess of $10,000, the consultant shall solicit a number of sealed bids from qualified subcontractors so that at least three (3) bids will be received. The consultant shall then enter into a subcontract with the lowest bidder or entity submitting the lowest quotation who is fully responsive to the invitation to submit a quote/bid. ARTICLE 27. WAGE AND HOURS PROVISIONS If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Consultant's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Consultant and its subconsultants must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. ARTICLE 28. INTERNATIONAL BOYCOTT PROHIBITION In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Consultant agrees, as a material condition of the contract, that neither the Consultant nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Consultant, or any of the aforesaid affiliates of Consultant, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification 12 Page 125 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement thereto shall be rendered forfeit and void. The Contractor shall so notify the Sponsor and the New York State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (see 2 NYCRR 105.4). ARTICLE 29. SERVICE OF PROCESS In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Consultant hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Consultant's actual receipt of process or upon the Sponsor's receipt of the return thereof by the United State Postal Service as refused or undeliverable. Consultant must promptly notify the Sponsor, in writing, of each and every change of address to which service of process can be made. Service by the Sponsor to the last known address shall be sufficient. Consultant will have thirty (30) calendar days after service hereunder is complete in which to respond. ARTICLE 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DATA. At the time of completion of the work, the Consultant shall make available to the Sponsor all survey notes, computations, maps, tracings, original aerial film and photo indices if any, and all other documents and data pertaining to the work or to the project which material at all times shall be the property of the Sponsor. Or in the event that this Agreement is terminated for any reason, then, within ten (10) days after such termination, the Consultant shall make available to the Sponsor all the aforementioned engineering data and material. All original tracings of maps and other engineering data furnished to the Sponsor by the Consultant shall bear thereon the endorsement of the Consultant. All plans, estimates and other data prepared in accordance with this Agreement shall be considered confidential and shall be released only to the Sponsor. ARTICLE 31. MISCELLANEOUS 31.1 Executory Contract. This Contract shall be deemed only executory to the extent of the monies available, and no liability shall be incurred by the Sponsor beyond the monies legally available for the purposes hereof. 13 Page 126 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement IN WITNESS WHEREOF, the parties have duly executed this Contract effective the day and year first above written. Reference: Sponsor Contract# Sponsor Consultant by: by: Date: Date: For the Sponsor: STATE OF NEW YORK ss: COUNTY OF WESTCHESTER On this day of , before me, the subscriber, personally appeared to me known, who, being by me duly sworn, did depose and say; that he/she resides in the , New York;that he/she is the of the the corporation described in and which executed the foregoing instrument; that he/she is the authorized with the execution of the matter herein provided for, and that he/she signed and acknowledged the said instrument in his/her position as a duly authorized representative of Sponsor. Notary Public, County, N.Y. For the Consultant: STATE OF NEW YORK ss: COUNTY OF DUTCH ESS On this day of , before me, , personally appeared to me known, who, being by me duly sworn, did depose and say; that he/she resides in the , New York; that he/she is the of HVEA Engineers, the corporation described in and which executed the foregoing instrument; that he/she is the authorized with the execution of the matter herein provided for, and that he/she signed and acknowledged the said instrument in his/her position as a duly authorized representative of Consultant. Notary Public, County, N.Y. 14 Page 127 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Federal-Aid Requirements for Architectural/ Engineering Consultant Supplement ARTICLE A. DOCUMENTS FORMING THIS AGREEMENT The contract must include the documents forming the contract between the Sponsor and the Consultant. The following will be included in the contract: • Agreement Form - "Municipal Consultant Contract"; • Project Description and Funding; • Scope of Services; • As applicable, Staffing Rates, Hours, Reimbursables and Fee; • Federal-Aid Requirements for Architectural/Engineering Consultant Supplement. ARTICLE B. COMPENSATION METHODS, RATES AND PAYMENT As full compensation for Consultant's work, services and expenses hereunder the Sponsor shall pay to the CONSULTANT, and the CONSULTANT agrees to accept compensation based the methods designated and described in this contract. Compensation methods must be clearly documented in the contract. Compensation methods available are Cost Plus Fixed Fee Method, Specific Hourly Rate Method, and Lump Sum Cost Plus Reimbursables Method. ARTICLE C. INSPECTION The duly authorized representatives of the Sponsor, and on Federally aided projects, representatives of the NEW YORK STATE DEPARTMENT OF TRANSPORTATION and the FEDERAL HIGHWAY ADMINISTRATION, shall have the right at all times to inspect the work of the CONSULTANT. ARTICLE D. EXTRA WORK If the CONSULTANT is of the opinion that any work the CONSULTANT has been directed to perform is beyond the scope of the PROJECT CONTRACT and constitutes extra work, the CONSULTANT shall promptly notify the Sponsor, in writing, of this fact prior to beginning any of the work. The Sponsor shall be the sole judge as to whether or not such work is in fact beyond the scope of this Contract and constitutes extra work. In the event that the Sponsor determines that such work does constitute extra work, the Sponsor shall provide extra compensation to the CONSULTANT in a fair and equitable manner. If necessary, an amendment to the PROJECT CONTRACT, providing the compensation and describing the work authorized, shall be prepared and issued by the Sponsor. In this event, a Supplemental Agreement providing the compensation and describing the work authorized shall be issued by the Sponsor to the CONSULTANT for execution after approvals have been obtained from necessary Sponsor officials, and, if required from the Federal Highway Administration. 15 Page 128 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement ARTICLE E. WORKER'S COMPENSATION AND LIABILITY INSURANCE This contract shall be void and of no effect unless the CONSULTANT shall secure Workman's Compensation Insurance for the benefit of, and keep insured during the life of this contract, such employees as are necessary to be insured in compliance with the provisions of the Workman's Compensation Law of the State of New York. The CONSULTANT shall secure policies of general and automobile liability insurance, and maintain said policies in force during the life of this contract. Said policies of insurance shall protect against liability arising from errors and omissions, general liability and automobile liability in the performance of this contract in the sum of at least$1,000,000.00 (One Million dollars) each. The CONSULTANT shall furnish a certified copy of said policies to the Sponsor at the time of execution of this contract. ARTICLE F. RECORDS RETENTION The CONSULTANT shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (collectively called the "Records"). The Records must be kept for a minimum of six (6) years or three (3) years after final payment is received, whichever is later. The Sponsor, State, Federal Highway Administration, or any authorized representatives of the Federal Government, shall have access to the Records during normal business hours at an office of THE CONSULTANT within the State of New York or, a mutually agreeable reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. ARTICLE G. COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Sponsor shall have the right to annul this Contract without liability, or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE H. PROPRIETARY RIGHTS The CONSULTANT agrees that if patentable discoveries or inventions should result from work described herein, all rights accruing from such discoveries or inventions shall be the sole property of the CONSULTANT. However, the CONSULTANT agrees to and does hereby grant to the United States Government and the State of New York and the Sponsor a nonexclusive, nontransferable, paid-up license to make, use, and sell each subject invention throughout the world by and on behalf of the Government of the United States and states and domestic municipal governments, all in accordance with the provisions of 48 CFR 1-27. ARTICLE I. CERTIFICATION REQUIRED BY 49 CFR, PART 29 16 Page 129 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement The signator to this Contract, being duly sworn, certifies that, EXCEPT AS NOTED BELOW, its company and any person associated therewith in the capacity of owner, partner, director, officer, or major stockholder (five percent or more ownership) A. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; B. has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; C. does not have a proposed debarment pending; and D. has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. ARTICLE J. CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing this Contract to the best of his or her knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative contract. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit the standard "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be, included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 17 Page 130 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement ARTICLE K. NON-DISCRIMINATION REQUIREMENTS The CONSULTANT agrees to comply with all applicable Federal, State and Sponsor Civil Rights and Human Rights laws with reference to equal employment opportunities and the provision of services. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and Title VI of the Civil Rights Act of 1964, as amended, and any other State and Federal Statutory and constitutional non-discrimination provision, the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, CONSULTANT agrees that neither it nor its SUBCONSULTANTS shall, by reason of race, creed, color, disability, sex or national origin; (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or(b) discriminate against or intimidate any employee hired for the performance of work under this Contract. CONSULTANT is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this Contract and forfeiture of all moneys due hereunder for a second or subsequent violation. ARTICLE L. CERTIFICATION REQUIRED BY 40 CFR 111506.5(c) If the work of the PROJECT includes the preparation of an Environmental Impact Statement(EIS), the signator to this Contract, being duly sworn, certifies that its company and any person associated therewith in the capacity of owner, partner, director, officer, or major stockholder (five percent or more ownership) does not have any financial or other interest in the outcome of the project including: a. an existing contract for the PROJECTs ROW incidental work or construction engineering; or b. ownership of land, options to buy land, or some business enterprise which would be financially enhanced or diminished by any of the PROJECT alternatives. This does not preclude the CONSULTANT from being awarded a future contract covering the work describe in this Article or being awarded Phases V& VI Final Design after the EIS has been approved. ARTICLE M. WAGE AND HOURS PROVISIONS If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Consultant's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Consultant and its subconsultants must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 18 Page 131 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement ARTICLE N. INTERNATIONAL BOYCOTT PROHIBITION In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Consultant agrees, as a material condition of the contract, that neither the Consultant nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Consultant, or any of the aforesaid affiliates of Consultant, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the Sponsor and the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal ( See. 2 NYCRR 105.4). ARTICLE O. PROMPT PAYMENT. While federal regulation (49 CFR 26.29)requires payment to subcontractors within 30 days, New York State law is more stringent. NYS General Municipal Law §106-b and NYS Finance Law Article 9, §139-f require prime contractors and prime consultants to pay their vendors within seven (7) calendar days of receipt of payment from the public owner/sponsor, and provides for interest on late payments for all public works contracts. Contract provisions incorporating any other payment schedule will not be allowed. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented. When the Sponsor has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. 19 Page 132 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement APPENDIX A-2 IRAN DIVESTMENT ACT As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list (prohibited entities list) of "persons" who are engaged in "investment activities in Iran" (both are defined terms in the law). Pursuant to SFL § 165- a(3)(b), the initial list is expected to be issued no later than 120 days after the Act's effective date, at which time it will be posted on the OGS website. By entering into this Contract, Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list. Additionally, Contractor agrees that after the list is posted on the OGS website, should it seek to renew or extend the Contract, it will be required to certify at the time the Contract is renewed or extended that it is not included on the prohibited entities list. Contractor also agrees that any proposed Assignee of the Contract will be required to certify that it is not on the prohibited entities list before the New York State Department of Transportation (NYSDOT) may approve a request for Assignment of Contract During the term of the Contract, should NYSDOT receive information that a person is in violation of the above-referenced certification, NYSDOT will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then NYSDOT shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. NYSDOT reserves the right to reject any request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award. 20 Page 133 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Attachment A Project Description and Funding 21 Page 134 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Attachment A Architectural/ Engineering Consultant Contract Project Description and Funding PIN: 8763.18 Term of Agreement Ends: December 31, 2027 BIN: ®Main Agreement ❑Amendment to Contract [add identifying #] ❑Supplement to Contract Phase of Project Consultant to work on: I]P.E./Design I]ROW Incidentals I]ROW Acquisition OConstruction, C/I, & C/S PROJECT DESCRIPTION: Engineering Services of: Rockland Avenue Bridge Superstructure Replacement Project Location: Town of Mamaroneck, Westchester County Consultant Work Type(s): See Attachment B for more detailed Scope of Services. MAXIMUM AMOUNT OF FUNDS FOR ALL COMPENSATION PAYABLE UNDER THIS AGREEMENT FOR THE SCOPE OF WORK DESCRIBED IN ATTACHMENT B FOR THE PROJECT DESCRIBED IN THIS ATTACHMENT A, OTHERWISE IN ACCORDANCE WITH THE CHOSEN METHOD OF COMPENSATION AND OTHER TERMS OF THIS AGREEMENT: $280,553.00 Footnotes: 22 Page 135 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Attachment B Scope of Services 23 Page 136 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Section 1 - General 1.01 Project Description and Location Project Name: PIN 8763.18 — Rockland Avenue Bridge Superstructure Replacement Project Description: Superstructure Replacement Project Limits: Rockland Avenue — Weaver Street to Sheldrake Avenue Sponsor: Town of Mamaroneck County: Westchester The anticipated start date of preliminary design: July 2025 The anticipated letting date: December 2026 The anticipated construction completed date: October 2027 The anticipated design costs: $0.28M The anticipated construction costs {cost or range of cost}. $1.3M 1.02 Project Manager The Sponsor's Project Manager for this project is Robert Wasp, P.E. who can be reached at (914) 381-7835 All correspondence to the Sponsor should be addressed to: Robert Wasp, P.E., C.D.T. Town of Mamaroneck Engineering Department 740 West Boston Post Road Mamaroneck, New York 10543 The Project Manager should receive copies of all project correspondence directed other than to the Sponsor. 1.03 Project Classification This project is assumed to be a Class (II) action under USDOT Regulations, 23 CFR 7711. Classification under the New York State Environmental Quality Review Act (SEQRA) Part 617, Title 6 of the Official Compilation of Codes, Rules, and Regulations of New York State (6 NYCRR Part 617) is assumed to be (Unlisted). 1.04 Categorization of Work Project work is generally divided into the following sections: 1 http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&SID=d21 c8e6f33a02787d96788103bac7b9d&rqn=div5&view=text&node=23:1.0.1.8.43&idno= 23 24 Page 137 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Section 1 General Section 2 Data Collection & Analysis Section 3 Preliminary Design Section 4 Environmental Section 5 Right-of-Way Section 6 Detailed Design Section 7 Advertising, Bid Opening and Award Section 8 Construction Support Section 9 Construction Inspection Section 10 Estimating & Technical Assumptions When specifically authorized in writing to begin work the Consultant will render all services and furnish all materials and equipment necessary to provide the Sponsor with reports, plans, estimates, and other data specifically described in Sections 1 , 2, 3, 4, 5, 6, 7, 8, 9 and 10. 1.05 Project Familiarization The Sponsor will provide the Consultant with the following information: • Approved project initiation document (Initial Project Proposal or similar documentation) indicating project type, project location, cost estimate, schedule, and fund source(s). • Transportation needs. • Plans for future related transportation improvements or development in the area of the project. • Traffic data. • Accident records and history. • Available Record plans (previously circulated with BNY application) • Anticipated permits and approvals (initial determination). • Available project studies and reports. • Other relevant documents pertaining to the project. The Consultant will become familiar with the project before starting any work. This includes a thorough review of all supplied project information and a site visit to become familiar with field conditions. 1.06 Meetings The Consultant will prepare for and attend all meetings as directed by the Sponsor's Project Manager. Meetings may be held to: • Present, discuss, and receive direction on the progress and scheduling of work in this contract. • Present, discuss, and receive direction on project specifics. • Discuss and resolve comments resulting from review of project documents, advisory agency review, and coordination with other agencies. 25 Page 138 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement • Preview visual aids for public meetings. • Manage subconsultants and subcontractors. The Consultant will be responsible for the preparation of all meeting minutes; the minutes will be submitted to meeting attendees within one (1) week of the meeting date. 1.07 Cost and Progress Reporting For the duration of this contract, the Consultant will prepare and submit to the Sponsor on a monthly basis a Progress Report in a format approved by the Sponsor. The Progress Report must contain the Cost Control Report.2' The beginning and ending dates defining the reporting period must correspond to the beginning and ending dates for billing periods, so that this reporting process can also serve to explain billing charges. (In cases where all work under this contract is officially suspended by the Sponsor, this task will not be performed during the suspension period.) 1.08 Policy and Procedures • The design of this project will be progressed in accordance with the current version of the Local Protects Manual3 including the latest updates. • If there are conflicts between local policies and procedures and those listed in the LPM those listed in the LPM take precedence.) • This project is also subject to the BridgeNY Program requirements. The Consultant shall adhere to the specific requirements of this program including the strict timeframes. Upon authorization the consultant shall prepare a draft schedule identifying any critical path items during the design phase. These items shall be given priority as to not deviate from the schedule. 1.09 Standards & Specifications The project will be designed and constructed in accordance with the current edition of the NYSDOT Standard Specifications for Construction and Materials, including all applicable revisions. 1.10 Subconsultants The Consultant will be responsible for: • Coordinating and scheduling work, including work to be performed by subconsultants. • Technical compatibility of a subconsultant's work with the prime consultant's and other subconsultants' work. 1.11 Subcontractors 2 https://www.dot.ny.gov/plafap/view-document?id=1598 3 https://www.dot.ny.gov/plafap 9https://www.dot.ny.gov/portal/pls/portal/MEXIS APP.EI EB DOC DETAILS.show?p arq names=doc i d&p arq values=10618 26 Page 139 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Procurement of subcontractors must be in accordance with the requirements set forth in the NYSDOT Local Projects Manual. D/WMBE and SDVOB participation requirements are identified in the BridgeNY guidelines. The Consultant will provide appropriate documentation for participation. Section 2 - Data Collection and Analysis 2.01 Design Survey A. Ground Survey The Consultant will provide terrain data required for design by means of a topographic field survey. The Topographic survey shall be prepared at the level of detail as required for the Consultants design. The survey shall also include survey data to establish the boundaries of parcels adjacent to the bridge which may require property acquisition or easements as well as any structures on these properties. B. Photogrammetric Survey (Intentionally left blank) C. Stream Survey The Sponsor will perform field surveys necessary to provide stream cross- sections for the hydraulic analysis. The location and width of the sections will be sufficient to satisfactorily perform a hydraulic analysis of the named stream(s). D. Survey of Wetland Boundaries The Consultant will perform the field survey necessary to accurately locate delineated wetland boundaries. This survey should be performed as soon after delineation as possible. E. Supplemental Survey The Consultant will provide supplemental surveys when needed for design purposes and to keep the survey and mapping current. F. Standards Survey will be done in accordance with the standards set forth in the NYSDOT Land Surveying Standards and Procedures Manual4 and in accordance with local standards described in Section 10 of the SOS.. 2.02 Design Mapping 4 https://www.dot.ny.gov/divisions/engineering/design/design-services/land- s u rvey/repository/LSS P M09.pd f 27 Page 140 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement The Consultant shall identify additional areas that may be required for their design prior to field surveying operations. The Consultant will provide the following design mapping: • 1"=20' scale mapping with 1 foot contour intervals. The Consultant will provide supplemental mapping when needed for design purposes and keep the mapping current for the duration of the project. 2.03 Determination of Existing Conditions The Consultant will determine, obtain or provide all information needed to accurately describe in pertinent project documents the existing conditions within and adjacent to the project limits. 2.04 Accident Data and Analysis The Sponsor will provide accident records for the last three years for roads within the project limits plus one-tenth of a mile immediately outside of the project limits The Consultant will prepare collision diagrams and associated summary sheets, and note any clusters of accidents or patterns implying inadequate geometrics, or other safety problems, within the project limits. 2.05 Traffic Counts The Sponsor will provide traffic count data for existing conditions, The Sponsor will supply growth factors for forecasting, and forecast data, in accordance with the requirements noted in the NYSDOT Traffic Monitoring Standards for Contractual Agreements Manuals. The Sponsor will provide flow diagrams for appropriate peak periods (e. g., am, noon, pm) showing existing and design year volumes on the mainline, on each approach of all intersections, and at major traffic generators. 2.06 Capacity Analysis (Intentionally Left Blank) 2.07 Future Plans for Roadway and Coordination with Other Projects The Sponsor will provide a brief written statement specifying whether or not plans exist to reconstruct or widen the highway segments immediately adjacent to the project within the next twenty years. The Sponsor will determine the influence, if any, of other existing or proposed projects or proposed developments in the vicinity of this project (e.g., whether a nearby highway widening would influence this project's design traffic volumes). 5 https://www.dot.ny.gov/divisions/engineering/technical-services/hds- respository/Traffic%20Monitoring%20Standards%20for%20Contractual%20Agreements.rtf 28 Page 141 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement The Sponsor will provide all necessary information pertaining to the other projects or developments 2.08 Soil Investigations (Intentionally Left Blank) 2.09 Hydraulic Analysis The Consultant will perform a hydraulic analysis in accordance with the principles outlined in the Section 3.4 of the NYSDOT Bridge Manual6. 2.10 Bridges to be rehabilitated (Intentionally left blank) 2.11 Pavement Evaluation (Intentionally left blank) Section 3 - Preliminary Design 3.01 Design Criteria The Consultant will identify the applicable design standards to be used for this project, and will establish project-specific design criteria in accordance with the NYSDOT Project Development Manual' The Sponsor will approve the selected project design criteria and will obtain NYSDOT concurrence (either by a written submission or at a meeting). Based on the selected design criteria, the Consultant will identify all existing non- standard features that are within and immediately adjacent to the project limits. Non-standard features that correlate with a high accident rate will be noted. 3.02 Development of Alternatives A. Selection of Design Alternative(s) The Consultant will identify and make rudimentary evaluations of potential design alternative concepts that would meet the Sponsor's defined project objectives. These evaluations are not to be carried beyond the point of establishing the feasibility of each concept as a design alternative; only those significant environmental and geometric design constraints that bear on the feasibility should be identified. For each concept the Consultant will prepare rudimentary sketches of plan, profile, and typical section views which show: • On plan: proposed centerlines; pavement edges; curve radii and termini; and existing ROW limits. • On profile: theoretical grade lines; critical clearances; vertical curve https://www.dot.ny.gov/divisions/engineerinq/design/dgab/pdm https://www.dot.ny.gov/divisions/engineerinq/design/dgab/pdm 29 Page 142 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement data; grades; and touchdown points. • On typical section: lane, median, and shoulder widths; ditches; gutters; curbs; and side slopes. • Where necessary: important existing features. • Where pertaining to feasibility: significant environmental and geometric design constraints, labeled as such. These sketches will include only the minimum information needed to select design alternatives to be studied in further detail. The Consultant will arrange a conference call with the Sponsor to discuss the concepts, using the sketches as discussion aids to describe the relative order-of-magnitude costs, advantages, disadvantages, and problem areas of each. From these concepts the Sponsor will select one, or in some cases more, design alternative(s) for further development. B. Detailed Evaluations of Alternative(s) The Consultant will further evaluate each design alternative and the null alternative with specific engineering analyses and considerations. Analyses will be conceptual and limited to determining the relative suitability of each design alternative, and will include: • Design geometry, including the identification and comparison of alignment constraints and (where applicable) justification for retaining nonstandard design features, per the NYSDOT Highway Design Manual.8 • Environmental constraints and potential environmental impact mitigation measures (identified under Section 4 tasks). • Traffic flow and safety considerations, including signs, signals, and level of service analysis for intersections. • Pavement. • Structures, including bridges, retaining walls, major culverts, and building alterations (limited to establishing basic concepts, accommodating clearances and stream flow, and estimating costs). Bridge investigative work (inspection, deck coring, etc.) is covered under Section 2. • Drainage. • Maintenance responsibility. • Maintenance and protection of traffic during construction. • Soil and foundation considerations. • Utilities. • Railroads. • Right-of-way acquisition requirements. • Accessibility for pedestrians, bicyclists and the disabled. • Lighting. • Construction cost factors. 8 https://www.dot.ny.gov/divisions/engineering/design/dgab/hdm 30 Page 143 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement • Value Engineering The Consultant will prepare the following drawings for each design alternative analyzed: • 1'=20' plans showing (as a minimum) stationed centerlines; roadway geometrics; major drainage features; construction limits; cut and fill limits; and proposed right-of-way acquisition lines. • Profiles, at a scale of 1"=20' horizontal and 1":4' (maximum) vertical, showing (as a minimum) the vertical datum reference; significant elevations; existing ground line; theoretical grade line; grades; vertical curve data including sight distances; critical clearances at structures; centerline stations and equalities; construction limits; and superelevation data. • Typical sections showing (as a minimum) lane, median, and shoulder widths; ditches; gutters; curbs; and side slopes. 3.03 Cost Estimates The Consultant will develop, provide and maintain a cost estimate for each design alternative. The Consultant will update the estimate periodically and as necessary to incorporate significant design changes. 3.04 Preparation of Draft Design Approval Document For this project, the Design Approval Document (DAD) will be a Initial Project Proposal/Final Design Report (IPP/FDR). The Sponsor will make all determinations not specifically assigned to the Consultant which are needed to prepare the Draft DAD. The Consultant will prepare a Draft DAD, which will include the results of analyses and/or studies performed in other Sections of this document. The DAD will be formatted as specified in the NYSDOT Project Development Manual (PDM).9 The Consultant will submit the Draft DAD to the Sponsor via email for review. The Sponsor will review the Draft DAD and provide the Consultant with review comments. The Consultant will revise the Draft DAD to incorporate the comments. 3.05 Advisory Agency Review The Consultant will provide the Sponsor with 1 copies of the signed Draft DAD prior to distribution to advisory agencies. 9 https://www.dot.ny.gov/divisions/engineering/design/dgab/pdm 31 Page 144 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Upon authorization of the Sponsor, the Consultant will distribute the Draft DAD to the advisory agencies in accordance with their requirements. The Consultant will evaluate and prepare individual responses to the review comments received. 3.06 Public Information Meeting(s) and/or Public Hearing(s) A Public Information Meeting(s) The Consultant will assist the Sponsor at 1 public information meeting(s) with advisory agencies, local officials, and citizens, at which the Consultant will provide visual aids and present a technical discussion of the alternatives. The Sponsor will arrange for the location of public information meeting(s). The Consultant will assist the Sponsor with appropriate notification. B. Public Hearing(s) (Intentionally left blank) 3.07 Preparation of Final Design Approval Document (DAD) The Consultant will obtain all necessary approvals and concurrences and will publish all applicable legal notices. The Consultant will prepare the Design Recommendation, and will modify the DAD to include the Design Recommendation, re-title the DAD in accordance with the PDM Manual, and update existing conditions and costs as necessary. The Consultant will incorporate changes resulting from the advisory agency review and all public information meetings and public hearings. The Consultant will submit 1 copies of the Final DAD via email to the Sponsor for review. The Sponsor will review the Final DAD and provide the Consultant with review comments. The Consultant will revise the Final DAD to incorporate the comments. The Sponsor will submit the required number of copies of the Final DAD to NYSDOT for a Final Environmental Determination. NYSDOT will make the determination or obtain FHWA's determination. If necessary, NYSDOT will transmit the Final DAD to FHWA for final review and concurrence. The Consultant will again revise the Final DAD to incorporate changes (assumed minor) resulting from the NYSDOT and/or FHWA review. Upon approval of the Final DAD the Consultant shall provide 3 signed copies and one PDF of the DAD to the Sponsor. The Sponsor will grant or obtain, from or through NYSDOT, Design Approval. 32 Page 145 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Section 4 — Environmental 4.01 NEPA Classification The Consultant will verify the anticipated NEPA Classification. If the project is assumed to be a Class II action, then the Consultant will complete the Federal Environmental Approval Worksheet (FEAW), and forward the completed worksheet to the Sponsor for forwarding to NYSDOT (with the Final DAD) for a final NEPA determination. The FEAW need not be completed for projects assumed to be Class I or III actions. The Lead Agency for NEPA is the Federal Highway Administration (FHWA). 4.02 SEQRA Classification The Consultant will assist the Sponsor in complying with SEQRA (6 NYCRR Part 617). The Sponsor is the Lead Agency. Consultant tasks include, but are not limited to: • Drafting letters to involved agencies to determine the lead agency. • Drafting Environmental Assessment Form(s). • Drafting a negative declaration. • Drafting a positive declaration. • Drafting notices. The Consultant will document the results of SEQRA processing in the body of the Design Approval Document (DAD) and will include documentation of the final SEQRA determination in the Appendix of the DAD. 4.03 Smart Growth The Consultant will complete the Smart Growth Checklist developed by NYSDOT to measure whether and to what extent a project conforms to the principles and objectives of Smart Growth and submit same to the Sponsor for attestation. (New York State's Smart Growth policy was adopted by amendment to the State Highway Law and is intended to minimize the "unnecessary cost of sprawl development." It requires public infrastructure projects to undergo a consistency evaluation and attestation using established Smart Growth Infrastructure Criteria. The consistency evaluation is measured with the Smart Growth checklist which can be found in the Chapter 7 Appendices on the PLAFAP Manual website.) 4.04 Screenings and Preliminary Investigations The Consultant will screen and perform preliminary investigations to determine potential impacts resulting from the design alternative(s) for: 33 Page 146 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement • General Ecology and Endangered Species • Ground Water • Surface Water • State Wetlands • Federal Jurisdictional Wetlands • Floodplains • Coastal Zone Management • Navigable Waterways • Historic Resources • Parks • Hazardous Waste • Asbestos • Noise • Air Quality • Energy • Farmlands • Invasive Species • Visual Impacts • Critical Environmental Areas • Smart Growth • Environmental Justice Work will be performed, as summarized in the PLAFAP Manual and detailed in the PDM and the TEM, to determine whether further detailed analysis or study is required. The results of these screenings and preliminary investigations will be summarized in the appropriate sections of the DAD. 4.05 Detailed Studies and Analyses Based on the work performed in Section 4.03, the Consultant will determine whether detailed analysis or study is required. Prior to commencing such detailed study or analysis, the Sponsor must concur with the Consultant's determination. Detailed study or analysis work will be performed and documented as detailed in the PLAFAP Manual, as well as in the PDM and the TEM. Results of the detailed study or analysis will be summarized in the appropriate section of the DAD. Detailed study or analysis will be done for: A. General Ecology and Endangered Species B. Surface Water C. Federal Wetlands D. Floodplains E. Coastal Zone Management F. Historic Resources 34 Page 147 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement 4.06 Permits and Approvals The Consultant will obtain all applicable permit(s) and certification(s), including but not necessarily limited to: • Westchester County Department of Public Works and Transportation Highway Work Permit • Article 24 Freshwater Wetlands Permit • Article 25 Tidal Wetlands Permit • FHWA Executive Order 11990 Wetlands Finding • U.S. Coast Guard Section 9 Permit • U.S. Army Corps of Engineers Section 10 Permit (Individual or Nationwide) • U.S. Army Corps of Engineers Section 404 Permit (Individual or Nationwide) • NYSDEC Section 401 Water Quality Certification • NYSDEC State Pollution Discharge Elimination System (SPDES) Permit • NYSDEC Article 15 Protection of Waters Permit • Safe Drinking Water Act Section 1424(e) • Migratory Bird Treaty Act • Coastal Zone Consistency • Scenic, Wild and Recreational Rivers 4.07 Public Hearing (Intentionally left blank) Section 5 - Right-of-Way (Intentionally left blank- To be added by Supplemental Agreement if needed) Section 6 - Detailed Design 6.01 Preliminary Plans A. New and Replacement Bridges The Consultant will prepare and submit to the Sponsor a Preliminary Bridge Plan in accordance with the NYSDOT Bridge Manual.1° For each bridge, the Consultant will prepare and submit to the Sponsor a Structure Justification Report. The format and content of the Structure Justification Report will be as outlined in the NYSDOT Bridge Manual. 10 https://www.dot.ny.gov/divisions/engineering/structures/repository/manuals/brman- usc/2011 nysdot Br Man repl pgs.pdf 35 Page 148 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement B. Bridge Rehabilitations For each bridge to be rehabilitated, the Consultant will prepare and submit to the Sponsor for review a Preliminary Bridge Rehabilitation Plan, which will be sufficiently developed to: • Show basic concepts and major details (including all existing and proposed utilities). • Acquaint affected parties with the project and project components. • Serve as an instrument for initial approval. • Provide a basis for the development of final plans. The plan should indicate maintenance and protection of traffic provisions and be accompanied by a cost estimate. C. Selected Structural Treatment The Consultant will modify the Structure Justification Report, Preliminary Culvert Plan and/or Preliminary Culvert Rehabilitation Plan to incorporate Sponsor review comments. The Sponsor will approve the selected structural treatment and will obtain NYSDOT concurrence (either by a written submission or at a meeting). 6.02 Advance Detail Plans (ADP) The Consultant will develop the approved design alternative to the ADP stage. At this stage all plans, specifications, estimates and other associated materials will be 90% complete. As part of this task the Consultant will prepare templated cross sections at 25 foot intervals. Advance Detail Plans will be in accordance with Chapter 21 of the NYSDOT Highway Design Manual." The Consultant will prepare and submit up to 5 copies of the ADP's to the Sponsor for review. The Consultant will modify the design to reflect the review of the ADP package. 6.03 Contract Documents The Consultant will prepare a complete package of bid-ready contract documents. The package will include: 11 https://www.dot.ny.gov/divisions/engineering/design/dgab/hdm/hdm-repository/Chapt 21.pdf 36 Page 149 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement • Instructions to bidders. • Bid documents. • Contract language, including applicable federal provisions and prevailing wage rates. • Special notes. • Specifications. • Permits • Utility agreements • Plans. • A list of supplemental information available to bidders (i.e., subsurface exploration logs, record as-built plans, etc.). • Orange County Specific bidding forms (Pay to play, etc.) as supplied by the County • Other pertinent information. The Consultant will submit the contract documents to the Sponsor for approval. Upon approval, the Sponsor will submit 3 copies of the contract bid documents to NYSDOT as described in the PLAFAP Manual. 6.04 Cost Estimate The Consultant will develop, provide, and maintain the construction cost estimate for the project. The Consultant will update the estimate periodically and as necessary to incorporate significant design changes, and will develop and provide the final Engineer's Estimate, including all quantity computations. 6.05 Utilities The Consultant will coordinate with affected utility companies to ensure the timely relocation of utility poles and appurtenances. The Consultant will assist the Sponsor in preparing any necessary agreements with utility companies. Any agreements containing reimbursable relocations must be approved and signed by the Design Support Section of the NYSDOT Design Quality Assurance Bureau (see PLAFAP Manual Appendix 10-8). 6.06 Railroads (Intentionally left blank) 6.07 Bridge Inventory and Load Rating Forms The Consultant will complete and provide the Sponsor and NYSDOT with: • Inventory Update forms, per the current NYSDOT Bridge Inventory Manual for Bridge Inventory and Inspection System, reflecting all proposed physical changes resulting from construction. • Level 2 Load Rating Data Input forms, per NYSDOT User Manual for Structural 37 Page 150 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Rating Program for Bridges and current NYSDOT guidance on the "Procedure for Inventorying, Inspecting, and Level 2 Load Rating, New, Replacement and Reconstructed or Rehabilitated Bridges". 6.08 Information Transmittal Upon completion of the contract documents, the Consultant will transmit to the Sponsor all project information, including electronic files including CADD files for the project. The electronic information will be in the format requested by the Sponsor. Section 7 - Advertisement, Bid Opening and Award 7.01 Advertisement The Consultant will prepare the advertisement for bids to be placed in the NYS Contract Reporter and any other newspaper or publication identified by the Sponsor. The Consultant will submit the ad(s)to the Sponsor for review and will revise the ad(s) to reflect comments generated by that review. Upon approval by the Sponsor, the Sponsor will place the advertisements. Advertisements must not be placed until authorization is granted to the Sponsor by the NYSDOT. 7.02 Bid Opening (Letting) The Sponsor will hold the public bid opening, the Consultant need not attend. 7.03 Award The Consultant will analyze the bid results. The analysis will include: • Verifying the low bidder. • Ensuring receipt of all required bid documents (non-collusive bid certification, debarment history certification, etc.). • Breaking the low bid into fiscal shares, if necessary. • Determining whether the low bid is unbalanced. • For pay items bid more than 25% over the Engineer's Estimate: Checking accuracy of quantity calculations. Determining appropriateness of price bid for work in the item. Determining whether the low bidder is qualified to perform the work. The Consultant will assist the Sponsor in preparing and compiling the package of information to be transmitted to the NYSDOT. 38 Page 151 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement The Sponsor will award the contract and will transmit the award package to the NYSDOT as described in the Procedures for Locally Administered Federal Aid Projects (PLAFAP) Manual. Section 8 - Construction Support(To be negotiated upon approval of ADP) Section 9 - Construction Inspection (To be negotiated upon approval of ADP) 39 Page 152 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Section 10 - Estimating and Technical Assumptions 10.01 Estimating Assumptions The following assumptions have been made for estimating purposes: Section 1 Estimate 12 monthly meetings during the life of this agreement. Section 2 Assume that GPS methods and equipment will be used to establish local control points. Assume the Town will locate the location and depth of all underground utilities. Estimate 20 accidents will require analysis. Estimate 0 capacity analyses will be required. Assume the Town will supply traffic data and analysis. Estimate 0 soil borings will be taken. Estimate 0 concrete cores will be taken. A hydraulic analysis will be required. This will be performed with HEC-RAS software. Estimate 0 pavement cores will be taken. Section 3 Estimate 3 concepts will be evaluated. Estimate 2 design alternative(s) will be analyzed in addition to the null alternative. Estimate 3 cost estimate(s) plus 1 update will be required. Estimate 1 bridges will be rehabilitated. Estimate 1 Public Workshop. Section 4 Assume project is a NEPA "C List" requiring the Federal Environmental Approval Worksheet Project will be a SEQR Type II Action requiring at most a Short EAF. 40 Page 153 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement A recommendation from the Village Harbor and Coastal Zone Management Commission will not be required. Estimate 4 permits will be required. A Section 106 (SHPO) determination package will be required. A Memorandum of Agreement with SHPO will not be required. USFWS Section 7 and NYSDEC Heritage Program consultation will be required. A Habitat Assessment will be required. Detailed habitat studies will not be required. Section 5 Estimate 0 properties will require title searches Estimate 0 ROW maps will be required Estimate 0 easements will be required Estimate 0 Public Hearings Estimate 0 Condemnations Section 6 Detailed Design or Final Design Final Design will include but not be limited to: • Development of highway and bridge plans. • Structural rehabilitation design. • Highway design. • Preparation of right-of-way plans and acquisition maps. • Development and design for public utilities. • Maintenance and protection of traffic during construction. • Preparation and submission of final Plans, Specifications, and Estimate (PS&E) for the project. Estimate 1 cost estimate(s) plus 1 updates will be required. Estimate 0 bridges will be replaced and 1 will be rehabilitated. Estimate 4 utility companies and 0 railroad agencies will be affected. 41 Page 154 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Assume 1 water line and 1 underground gas main will require relocation. Assume existing sanitary sewer will not be relocated. Section 7 Estimate 5 copies of the final contract bid documents will be needed for prospective bidders. The Consultant shall also prepare up to 20 compact disks of the final contract bid documents and one (1) digital pdf set for electronic distribution. 42 Page 155 of 215 Town of Mamaroneck June 2025 Rockland Avenue Bridge Superstructure Replacement A/E Consultant Agreement Attachment C Staffing Rates, Hours, and Estimated Direct Non-Salary Costs 43 Page 156 of 215 PIN 8763.18 Rockland Avenue Superstructure Replacement HVEA Engineers June 2025 Preliminary and Detailed Design Salary Schedule ASCE (A) OR AVERAGE HOURLY RATES OVERTIME NICET (N) PRESENT PROJECTED CATEGORY JOB TITLE GRADE Mar-25 Feb-26 Feb-27 Project Manager VI (A) $90.00 $92.70 $95.48 A Project Engineer IV (A) $72.68 $74.86 $77.11 B Design Engineer III (A) $55.88 $57.56 $59.28 C Staff Engineer I/II (A) $40.31 $41.52 $42.76 C CAD Operator/Detailer I/II (A) $41.72 $42.97 $44.26 C OVERTIME POLICY Category A- No overtime compensation. Category B - Overtime compensated at straight time rate. Category C -Overtime compensated at straight time rate x 1.50. Overtime applies to hours worked in excess of the normal working hours of 8 hours per day. Page 157 of 215 PIN 8763.18 Rockland Avenue Superstructure Replacement HVEA Engineers June 2025 Staffing Staffing Worksheet Section Task Principal in Project Project Design Staff CAD Charge Manager Engineer Engineer Engineer Operator Preliminary Design SECTION 1 1.05 Project Familiarization 2 4 General 1.06 Meetings 36 36 1.07 Cost and Progress Reporting 1.10 Subconsultant Coordination 4 1.11 Subcontractors Subtotal,Section 1 0 42 0 40 0 0 SECTION 2 2.01 Design Survey Data Collection 2.02 Design Mapping 24 and Analysis 2.03 Determination of exist.Conditions 8 8 2.04 Accident Data and Analysis 8 24 2.05 Traffic Counts(flow diag.) 2.06 Capacity Analysis 2.07 Future Plans 2.08 Soil Investigations 2.09 Hydraulic Analysis 40 80 2.10 Bridge Rehabilitation 2.11 Pavement Evaluation 2 Subtotal,Section 2 0 0 0 58 112 24 SECTION 3 3.01 Design Criteria,identify nonstandard features 2 Preliminary 3.02 Development of Alternatives 8 80 120 40 Design 3.03 Cost Estimates 2 16 40 3.04 Preparation of Draft DAD 8 48 120 3.05 Advisory Agency Review 3.06 Public Information Meeting 8 16 16 3.07 Preparation of Final DAD 4 16 24 Subtotal,Section 3 0 30 0 178 320 40 SECTION 4 4.01 NEPA Classification 2 8 8 Environmental 4.02 SEQRA Classification 2 8 8 4.03 Screenings and Prelim.Invest. 2 24 40 4.04 Detailed Studies and Analyses 4.05 Permits and Approvals 16 40 80 Subtotal,Section 4 0 22 0 80 136 0 Subtotal,Preliminary Design: 0 94 0 356 568 64 Direct Technical Labor,Prelim.Design: $0.00 $8,460.00 $0.00 $19,893.28 $22,896.08 $2,670.08 ROW Incidentals SECTION 5 5.01 Abstract Request Map/Title Search Rig ht-of-Way 5.02 Right-of-Way Survey 5.03 Right-of-Way Mapping 5.04 Right-of-Way Plan 5.05 Right-of-Way Cost Estimates 5.06 Public Hearings/Meetings 5.07 Property Appraisals 5.08 Appraisal Review 5.09 Negotiations and Acquistion of Prop. 5.10 Relocation Assistance 5.11 Property Management Subtotal.Section 5 0 0 0 0 0 0 Subtotal,ROW Incidentals: 0 0 0 0 0 0 Direct Technical Labor,ROW Incidentals: $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 Detailed Design SECTION 6 6.01 Preliminary Bridge Plans 8 80 120 40 Detailed 6.02 Advance Detail Plans 8 80 120 40 Design 6.03 Contract Documents 8 40 80 40 6.04 Cost Estimate 8 40 80 6.05 Utilities 8 40 40 6.06 Railroads 6.07 Bridge Inventory&Load Rating 6.08 Information Transmittal Subtotal,Section 6 0 40 0 280 440 120 SECTION 7 7.01 Advertisement 2 Advertisement, 7.02 Bid Opening(Letting) Bid Opening, 7.03 Award 2 8 and Award Subtotal.Section 7 0 I 2 I 0 I 0 I 10 I 0 SECTION 8 8.01 Construction Support Construction To be added by supplemental agreement Support Subtotal,Section 8 0 I 0 I 0 I 0 I 0 I 0 Subtotal,Detailed Design: 0 42 0 280 450 120 Direct Technical Labor,Final Design: $0.00 $3,893.40 $0.00 $16,115.79 $18,683.69 $5,156.59 Page 158 of 215 PIN 8763.18 Rockland Avenue Superstructure Replacement HVEA Engineers June 2025 Preliminary and Detailed Design Direct Non-Salary Expense Preliminary Engineering 1. Survey(Subconsultant-estimated) Topographic and Right-of-Way Survey $ 12,500.00 TOTAL DIRECT NON-SALARY COST $ 12,500 Page 159 of 215 PIN 8763.18 Rockland Avenue Superstructure Replacement HVEA Engineers June 2025 Preliminary and Detailed Design Summary(Preliminary Design) Item IA, Direct Technical Salaries $ 53,919 Item II Direct Non-Salary Cost $ 12,500 (estimated, subject to audit) Item III, Overhead (1.47) $ 79,262 (NYSDOT audited rate) Item IV, Fixed Fee (11%) $ 14,650 Subtotal, Preliminary Design $ 160,331 Summary(ROW Incidentals) Item IA, Direct Technical Salaries $ - Item II Direct Non-Salary Cost $ - (estimated, subject to audit) Item III, Overhead (1.47) $ - (NYSDOT audited rate) Item IV, Fixed Fee (11%) $ - Subtotal, ROW Incidentals $ - Summary (Final Design) Item IA, Direct Technical Salaries $ 43,849 Item II Direct Non-Salary Cost $ - (estimated, subject to audit) Item III, Overhead (1.47) $ 64,459 (NYSDOT audited rate) Item IV, Fixed Fee (11%) $ 11,914 Subtotal, Final Design Design $ 120,222 Total, Preliminary Design and Final Design $ 280,553 Total, Right-of-Way Incidentals $Total, Not to Exceed $ 280,553 Page 160 of 215 0 Ile m Town of Mamaroneck if 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: Reports of Minutes Date: July 15, 2025 Action Requested: RESOLVED that the Town Board hereby accepts the minutes of May 8, 2024, June 5, 2024, and December 30, 2024 as presented. Page 161 of 215 u_r "v t; n Town of Mamaroneck Town Clerk, Town Center * `oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 amay@townofmamaroneckNY.gov Date: July 15, 2025 To: Meredith Robson, Town Administrator From: Allison May, Town Clerk Subject: Reports of Minutes General: The minutes of the Town Board meetings of May 8, 2024, June 5, 2024, and December 30, 2024 are ready to post. Attachment/s: 2024-05-08 Final Minutes 2024-06-05 Final Minutes 2024-12-30 Final Minutes Page 162 of 215 47 & • y Town of Mamaroneck '',..* Town Board Minutes Q r." Wednesday, May 8, 2024, Courtroom, s :-4; n Second Floor of Town Center 1—. x 5:00 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Sabrina Fiddelman, Councilmember Jeffery L. King, Councilmember Robin Nichinsky, Councilmember ABSENT: Anant Nambiar, Councilmember ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator William Maker Jr., Town Attorney Tracy Yogman, Town Comptroller 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER The Work Session of the Town Board was called to order by Town Supervisor Elkind Eney. Moved by Councilmember King, seconded by Councilmember Fiddelman, the Work Session unanimously opened at 5:03 p.m. WORK SESSION ITEMS 1. Discussion -Speed Hump Policy The Town Board discussed the proposed new Speed Hump Policy which now incorporated suggestions made during the Town Board's last work session. 2. Discussion - Refinement of the Procedure for Processing Site Plan Applications Town Attorney William Maker Jr. explained that Mr. Ralph Engel, Chairman of the Planning Board, had recommended that the Town develop a new site plan procedure that conforms more with the actual procedure that the Planning Board currently uses for site plan applications. Attorney Maker highlighted that this new procedure would require calling, not having, the public hearing within 90 days, allowing for more flexibility, particularly during summer months. Attorney Maker then highlighted several other changes, comparing the old and the new procedures. 3. Discussion -Q2 2024 Capital Budget Amendments Town Comptroller Tracy Yogman reviewed the Q2 2024 Capital Budget Amendments as presented in the agenda. 4. Discussion - NYSDOT BridgeNY Grant Documents PIN#8763.18—Rockland Avenue Bridge Superstructure Replacement Town Administrator Meredith Robson presented the BridgeNY Grant which would Page 163 of 215 Town Board May 8, 2024 provide an award of$769,200 as reimbursement towards the Town's total project cost of$889,200.Administrator Robson stated that, like the Waverly Avenue Bridge grant, there is no flexibility in the contract. 5. Discussion - Emergency Assessor Services The Town Administrator presented a proposed agreement with Whittemore Appraisals LLC to provide additional support in the Assessor's Office during a medical leave. Due to a sudden and unforeseen staff shortage, there is an urgent need for immediate assistance to complete the Town's tentative assessment roll by June 1, 2024. The Administrator recommended that the Board approve the proposal for emergency consulting assistance through May 31, 2024. 6. Discussion -Award of Bid TA-24-09—Tree Watering Services Administrator Robson highlighted that the apparent low bidder for the Town's Tree Watering Services is the same company that is responsible for the planting. 7. Discussion -Comprehensive Plan Negative Declaration and Adoption The Town Board reviewed the most recent comments and suggestions that had been shared with the Board. The Board then discussed whether or not the Town's achievements should be included in the Comprehensive Plan. In general, the Board felt that the Comprehensive Plan is about the future, rather than the past. Administrator Robson agreed to address the Comprehensive Plan next steps later tonight during the Regular Meeting. See Attachment A. 8. Discussion -2024 Bond Resolution Summary Report The Town Administrator noted that no action was needed on the bond summary report. Comptroller Yogman outlined the purposes of the bond resolutions presented for adoption, explaining that they are consistent with the capital plan discussions and approved budget. The Comptroller added that each bond resolution requires a vote of four out of five Board members to adopt. 9. OUT OF ORDER: Updates Supervisor Elkind Eney provided an update on the development of the new First Responder's Memorial planned for Memorial Park, adjacent to Girl Scout Rock, stating that it had been presented to the Fire Council. The Fire Council found the initial proposal overbuilt and unacceptable, as it exceeded the budget of$12,000. The Fire Council agreed to include a plaque and an eternal flame at the top of the rock, which would be similar to a light. However, the decision on benches and potential lighting on the front of the memorial is still pending. At the next Fire Council meeting, Matt McCauley will provide an update. Supervisor Elkind Eney mentioned that since moving forward with the Weaver/Murray curb project, several residents have inquired about a crosswalk at the Leatherstocking Trail where it meets Weaver Street. The project is included in the 2025 budget, but the project will take a long time to complete because it is a State road. The Town Supervisor suggested that the Town Engineer start working on the project now, which means the Town will need money for the project sooner. The Town Board discussed options for a crossing with indicator lights that can be activated by pedestrians, as well as a temporary fix, verses waiting to implement all possible safety precautions at a later time. The Board expressed a desire for a timely response to address the need for a safer crossing now. Per the requirement of the Town's new Tree Law, Administrator Robson notified the Town Board about a tree on Lafayette Road. The 100-year-old tree is very large but unfortunately it is split and overhangs the road. An arborist is evaluating the tree to Page 164 of 215 Town Board May 8, 2024 determine if the hanging leader can be removed, or if doing so will compromise the entire tree. If the tree has to be removed, the Town Board hopes the tree can be replaced with at least one of the young trees being installed this year. The Town Board discussed light pollution in the back of Carlton House due to the recent removal of many trees. The Board inquired whether the required 'buffer zone' was being maintained. Councilmember King updated the Board on a CZMC presentation on the Propel NY Energy project. This initiative, a collaboration between the New York Power Authority and New York Transco, aims to enhance the reliability and resiliency of New York's power grid. A significant component of this project involves running a substantial trunk line down to Hunts Point. This upgrade is part of a broader effort to improve the state's electric transmission network, which includes installing new underground and submarine transmission lines and upgrading substations. These improvements will facilitate the transmission of clean energy, such as offshore wind, and support New York's ambitious climate goals. Additionally, Councilmember King mentioned that before and after sediment samples will be taken as part of the environmental impact assessment to ensure the project does not negatively affect the local ecosystem. 10. Request for Executive Session Moved by Councilmember Fiddelman, seconded by Councilmember King, the Town Board agreed to enter into an Executive Session to discuss the proposed acquisition, sale, or lease of real property, current litigation regarding the Tree Law, the employment history of a particular person or persons, and collective negotiations pursuant to article fourteen of the civil service law. Carried Moved by Councilmember King, seconded by Councilmember Nichinsky, the Town Board unanimously agreed to resume the Regular Meeting. Carried 11. Additions to Regular Meeting Agenda The Board decided to defer Affairs of the Town, Item #2(Consideration of Approval - Refinement of the Procedure for Processing Site Plan Applications) and Item#6 (Consideration of Approval -Comprehensive Plan's SEQRA Negative Declaration). 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Courtroom Located on the second floor at the Town Center. The Public was to view the meeting on cable access television (Optimum 76/ Fios 35) or on MCMedia.org. CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:06 p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening, which was open to the public. PUBLIC HEARING The following Notice of Public Hearing is entered into the record as follows: LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York and pursuant to a resolution of the Mamaroneck Town Board adopted on April 24, 2024, Public Hearing opened on April 24, 2024, and was adjourned until May 8, Page 165 of 215 Town Board May 8, 2024 2024, at 8:00 PM or as soon thereafter as is possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider: "The Town of Mamaroneck Comprehensive Plan". Purpose: In early 2022, the Town of Mamaroneck embarked upon an update of the Town's outdated Comprehensive Plan in order to create a policy-based framework for future development and preservation of the Town's unincorporated area. Updating the Comprehensive Plan involved collaboration between the Town's elected and administrative leadership; the Comprehensive Plan Steering Committee, the Town's appointed consultants from the Land Use Law Center, and residents and business owners of the Town of Mamaroneck. The plan will be used to help the Town make future decisions regarding land use regulations, infrastructure decisions, and economic development investments. You may also view the meeting on local municipal access television (Cablevision 75, 76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org/. The full text of this document can be viewed on the Town's website, https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office at 914-381-7870, for a mailed copy. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK 1. Town of Mamaroneck Comprehensive Plan Moved by Councilmember Nichinsky, seconded by Councilmember Fiddelman, the Public Hearing was unanimously reopened. Carried Supervisor Elkind Eney introduced the Public Hearing explaining that the Comprehensive Plan process was lengthy one, taking over two years. It entailed a lot of public input. The Board reviewed drafts and redrafts of the Plan. There was a dedicated page on the Town website for the Draft Comprehensive Plan, where the current Draft Comprehensive Plan has been posted for months. The goals, policies and actions in the Plan are a reflection of all the community's suggestions and a myriad of meetings and online comments. Supervisor Elkind Eney opened the floor to comments. Karen Khor addressed the Board first. Ms. Khor stated that she wanted to clarify a few comments from the letters from the Sustainability Collaborative, in case there were any questions, or it was not clear. Ms. Khor pointed out after the last public hearing on April 24th, the Sustainability Collaborative wanted to add the following new action under"Resilient policy" 5A on page 28: Foster climate friendly/green economic development practices. The Sustainability Collaborative suggested this, Ms. Khor explained, because in the Climate Smart Communities Program, one of the designated important Sustainability elements for a Comprehensive Plan is that it should foster green economic development. It could sound pretty radical, but Ms. Khor clarified that it simply includes Community Choice Aggregation (which the Town does); a rooftop solarize campaign (which the Town does); community campaigns on smart homes, grid rewards and community solar. Our Town is already doing this, so Ms. Khor suggested that it should be reflected in the Comprehensive Plan in the same language to make it a clear policy. There are other specific suggestions, Ms. Khor said, also because of the wording that is needed for the Climate Smart Communities program. That way it will be clear to the reviewer that our Town is in alignment. Ms. Khor also mentioned submitting comments on May 3rd, where the Sustainability Collaborative suggested including several appendices. One of the appendices suggested is a list of accomplishments, again so that the Town can say clearly to Climate Smart Communities what the accomplishments have been in the past. Lastly, the results of the online Community Needs Survey is another simple appendix to add. Ms. Khor concluded by stating it was not necessary to do fancy graphs and charts like the Village of Mamaroneck did along with their Page 166 of 215 Town Board May 8, 2024 Comprehensive Plan in 2023. Mark Kramer, Co-Chair of the Sustainability Collaborative, spoke next. Mr. Kramer stated that the Sustainability Collaborative had submitted two sets of comments to the Board already on the Comprehensive Plan. He was going to assume that they had read those comments. The latest set of comments is on the two suggested appendices, which Karen Khor just covered, he said, and the other is on the sources of the references used to generate the plan. There are lots of tables and references, but there are no sources noted. When he worked on the Climate Smart Communities submission last summer, they needed the referenced documents, and this suggested appendix will provide a compilation of documents that people can reference in the future. Mr. Kramer thanked the Board for all of the Town's hard work on the Comprehensive Plan. Melissa Kaplan Massey, of 45 Cooper Lane, spoke next. Ms. Kaplan Massey wanted to take the opportunity again to thank the Town for taking this step, doing the hard work, and coming up with this policy document. Ms. Kaplan Massey said it was great to be here and to have been a part of the Comprehensive Plan project. Additional comments for the record are enclosed on Attachment B. Supervisor Elkind Eney suggested that the Town Board close the Public Hearing, address the SEQRA declaration tonight, but then vote at the next meeting on the Comprehensive Plan. Councilmember King agreed, mentioning that at the last Town Board meeting there had been a detailed explanation of the negative SEQRA declaration and the environmental review process that gave us the negative declaration. He reiterated that the negative declaration is hopefully what you achieve when you bring forward a Comprehensive Plan. Moved by Councilmember Fiddelman, seconded by Councilmember King, the Public Hearing was unanimously closed. Carried 6. OUT OF ORDER(MOVED FORWARD FROM AFFAIRS OF THE TOWN) Consideration of Approval -Comprehensive Plan's SEQRA Negative Declaration Moved by Councilmember Fiddelman, seconded by Councilmember King, WHEREAS, in 2021, the Town Board determined that the Town's Comprehensive Plan should be updated, and WHEREAS, on October 26, 2021, the Town engaged the Pace School of Law Land Use Law Center(Pace) to assist with gathering and synthesizing data and writing drafts of a Comprehensive Plan, and WHEREAS, on April 19, 2023, the Town engaged Kevin Dwarka LLC as an expert to assure that the Town Board's procedure for considering a Comprehensive Plan complies with the State Environmental Quality Review Act, and WHEREAS, the Town formed a Steering Committee comprised of local citizens whose task included developing possible goals for both the near and long term to be set forth in a Comprehensive Plan, and WHEREAS, after its formation, the Steering Committee and Pace engaged in a robust process to solicit comments and opinions from the general public and others regarding the goals to be included in the Town's Comprehensive Plan by conducting workshops, focus groups and multiple meetings, including meetings of the Steering Committee, and Page 167 of 215 Town Board May 8, 2024 WHEREAS, the Town received multiple comments either through in-person presentations or through written or electronic communication from citizens and others interested in the content of the Town's Comprehensive Plan, and WHEREAS, the Town Board reviewed numerous drafts of a proposed Comprehensive Plan prepared by Tiffany Zezula of Pace with the assistance of Kevin Dwarka LLC, and WHEREAS, the Town Board's review and revision led to a final draft of a proposed Comprehensive Plan that the Town Board determined to be worthy of public discussion, and WHEREAS, on January 24, 2024, the Town Board resolved(a) to be the Lead Agency under the State Environmental Quality Review Act(SEQRA) for the review of the proposed Comprehensive Plan, and(b) that the adoption of a comprehensive plan is an Unlisted Action under SEQRA, and WHEREAS, a Long Form Environmental Assessment Form was prepared to determine what, if any, significant adverse environmental impacts there may be if the Town Board were to adopt the proposed Comprehensive Plan, and WHEREAS, the Town Board as Lead Agency has reviewed that Long Form Environmental Assessment Form, and WHEREAS,pursuant to section 272-a of the NY Town Law, the Town Board referred the proposed Comprehensive Plan to the Westchester County Department of Planning, and WHEREAS, the Westchester County Department of Planning submitted written comments about the proposed Comprehensive Plan, and WHEREAS, the Town Board has considered the comments made by the Westchester County Department of Planning, and WHEREAS, the Town Board directed that drafts of the proposed Comprehensive Plan be sent to the Village of Mamaroneck and the Village of Larchmont, and WHEREAS, drafts of the proposed Comprehensive Plan were sent to the Village of Mamaroneck and the Village of Larchmont, and WHEREAS, neither Village has submitted any comments to the proposed Comprehensive Plan, and WHEREAS, on April 10, 2024, the Town Board opened a public hearing to discuss whether it should adopt the proposed Comprehensive Plan as the Town's Comprehensive Plan, and WHEREAS, that hearing was continued on April 24, 2024, and May 8, 2024, and WHEREAS, that public hearing was closed on May 8, 2024. NOW, THEREFORE, BE IT RESOLVED, that the Town Board adopts the Long Form Environmental Assessment Form, and BE IT FURTHER Page 168 of 215 Town Board May 8, 2024 RESOLVED, that for the reasons contained in the annexed NEGATIVE DECLARATION, the terms of which hereby are approved and which by this resolution hereby are adopted, the Town Board finds that the adoption of the proposed Comprehensive Plan will not result in significant adverse impacts upon the environment and therefore there is no reason to prepare an environmental impact statement, and BE IT FURTHER RESOLVED, that the proposed Comprehensive Plan hereby be and the same is adopted as the Comprehensive Plan of the Town of Mamaroneck. Carried 2. CONTINUATION OF PUBLIC HEARING: 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. Moved by Councilmember King, seconded by Councilmember Nichinsky, the Public Hearing was unanimously reopened. Carried Supervisor Elkind Eney explained this is a continuation of the public hearing of this proposed local law held at the last Town Board meeting two weeks ago. When this law becomes fully effective, it would phase out the use of gas-powered leaf blowers in the unincorporated area of the Town of Mamaroneck. In 1995, the Town Supervisor said, the Town passed a local law limiting the use of power tools and gasoline- powered leaf blowers to certain months and hours due to unacceptable noise levels and their negative impact on the community's peace, health, and welfare. Today, we know much more about the environmental effects of gasoline-powered leaf blowers. They emit greenhouse gases and noxious fumes, which can be harmful to people and animals nearby. They also generate louder noise over longer distances compared to non-combustion engine leaf blowers. Technological advancements have made electric leaf blowers increasingly efficient and a viable alternative. Therefore, the Town Board finds that, to benefit the community's overall health and welfare, gasoline-powered leaf blowers in the unincorporated area of the Town of Mamaroneck should be phased out. The Town Supervisor asked Attorney Maker to describe the law. Attorney Maker stated that this particular local law does two things. First of all, it talks about power tools other than leaf blowers and makes them illegal other than weekdays from 8 a.m. to 9 p.m. and 10 a.m. to 5 p.m. on Saturdays, Sundays and holidays. Although snow blowers are power tools, Attorney Maker added, they are specifically exempted because we recognize the fact that snow might fall at any time. Whenever it snows, people may need to get out their snowblower and that may happen at 6 o'clock in the morning, before the resident has to leave for work. That is the power tool aspect, summarized Attorney Maker, which is not very different from the current law. Attorney Maker described the main difference in this law, which is the eventual phase out of gasoline-powered leaf blowers which will happen starting January 1, 2025. Currently, they are limited to the hours of 8 a.m. to 9 p.m. during the week and 10 a.m. to 5 p.m. on Saturdays, Sundays and holidays. However, between June 1st and September 30th leaf blowers cannot be operated. The only difference between the revised new law and the prior version was a potential loophole. The prior version only referred to those tools that are powered by internal combustion engines, but it left out the possibility that somebody might have a leaf blower that is plugged into a generator which itself is powered by an internal combustion engine and possibly used in that format with a long cord. The Town Board wished to close that loophole as well. Other than that, everything else stays the same. The Supervisor is given a certain amount of discretion in waving these rules during a weather related event, for example during a Page 169 of 215 Town Board May 8, 2024 terrible storm or catastrophe. Supervisor Elkind Eney asked the Town Board if they had any comments and then welcomed the residents in the audience to comment. Mark Kramer, Co-Chair of the Sustainability Collaborative, thanked the Town Board for this local law which will be well appreciated by all residents, but especially those that work at home. It is a law that our neighboring municipalities have also supported. Mary Ellen Chomsky introduced herself as a Town resident and expressed shock at the lack of enforcement of the leaf-blower laws currently limiting gas-powered leaf blowers in the Villages, questioning both their effectiveness and fairness. Ms. Chomsky stated that she hears leaf-blowers in all directions in her backyard, all summer long. To have a law that is not enforced, or not enforced equally, is worse than no law at all. That is a serious issue. If you are going to rely on neighbors ratting each other out, we have enough stress she said. Ms. Chomsky recounted an incident in her neighborhood where a gardener was harassed by a neighbor whose own gardener used even bigger gasoline-powered leaf blowers. Ms. Chomsky highlighted there has to be a means of enforcement. Ms. Chomsky also criticized the proposed new restrictions on battery-powered electric blowers in the Town of Mamaroneck, being proposed from June 1 to September 30. Ms. Chomsky deemed the proposed local law unreasonable, especially since electric blowers are not an environmental concern, she said. Additionally, Ms. Chomsky pointed out the potential noise impact during religious holidays like Yom Kippur and Rosh Hashanah which may fall after the ban is lifted after September 30. Ms. Chomsky stressed the need for a practical and fair enforcement mechanism, wondering if the Board stays awake at night looking for ways to make residents' lives more difficult. Stating that the last straw was the electric leaf-blower part of the ban, Ms. Chomsky suggested serious reconsideration noting that 95 percent of Town residents were not aware that this was happening and she recommended that the Town Board send a written notice to all residents. Councilmember King stated that, over the past several months, discussions have primarily focused on the negative aspects of gas-powered leaf blowers. Councilmember King acknowledged that electric leaf blowers are becoming increasingly comparable in terms of their ability to move leaves and are notably quieter. However, after reviewing available electric models, Councilmember King noted that most electric leaf blower batteries last between twenty to forty minutes, depending on charge and usage intensity. Councilmember King expressed concerns about the effectiveness of electric leaf blowers, particularly in wet conditions during the fall, stating that they may not be sufficient for moving heavy, damp leaves. This limitation could create safety issues if landscapers are unable to adequately clear leaves. Additionally, if mulching leaves with mower blade adjustments were a viable alternative, it would be ideal, but that is not currently the reality. Councilmember King further remarked that banning gas-powered leaf blowers could eventually lead to similar restrictions on gas-powered mowers, which would create economic hardships, particularly for small landscaping businesses. The difficulty of enforcing such regulations, as seen in neighboring communities, was also cited as a concern. Councilmember King reviewed the performance metrics of electric leaf blowers, noting that the most powerful models he found had an output of 800 CFM and reached speeds of 190 miles per hour. While comparable in some respects to gas-powered blowers, electric leaf blowers require multiple battery replacements to complete tasks that gas-powered models can handle in a single use. Councilmember King referenced a past personal experience in which his family and neighbors purchased an electric blower and additional batteries to assist their gardener due to economic concerns. He noted that although seasonal restrictions on gas-powered leaf blowers exist, the primary complaint continues to be noise. He highlighted that during peak summer landscaping activities, general noise levels from various outdoor maintenance tasks remain significant. Councilmember King Page 170 of 215 Town Board May 8, 2024 concluded by stating that, as written, he does not support the resolution. Karen Khor spoke next, addressing the issue of enforcement.As a resident of the Village of Larchmont and Co-chair of the Town of Mamaroneck's Sustainability Collaborative, she explained how she has witnessed firsthand the transition in Larchmont from law to practice. Enforcement, she acknowledged, is challenging and has taken some time. However, she has observed a clear shift—people are switching to electric. Initially, after the Larchmont law was passed, many doubted enforcement efforts, particularly among landscapers still using gas-powered equipment.Yet now, in its third year since implementation, she has seen meaningful change. While the transition is not yet complete, and some landscapers are holding onto gas-powered tools, progress is evident.This demonstrates that change is possible and should not be underestimated. Ms. Khor pointed out that similar shifts have occurred with government policies aimed at increasing fuel efficiency.Additionally, beyond the issue of noise pollution, gas-powered blowers pose significant public health risks, particularly respiratory impacts. These factors must be taken into account when considering further action. Councilmember King stated, "I can guarantee that if I drive down Larchmont Avenue in our sister community during the summer, I will see gas-powered blowers—no question about it. We are not talking about large companies here; this is about mom- and-pop gardeners, independent workers who rely on these tools. These are not Fortune 500 corporations but small, local businesses. The shift to electric blowers has significantly impacted their workflow—tasks that once took 15 to 20 minutes now require an hour or more. While these gardeners are adapting, there's an undeniable economic burden on them. They move from job to job, and the added time affects their livelihood." Mary Ellen Chomsky was the next to speak, sharing her firsthand experience. "I can tell you exactly what's happening because my backyard borders the Village. The activity behind me—it's constant, absolutely constant.And if I were to call the Town to complain, I know exactly what would happen. I would call the Village (of Mamaroneck), but they would not care because I live in the Town. Then I would call the Town, and they would say, `Oh, that's not our responsibility.' So, in the end, I'm stuck with it,just like with other issues." Ms. Chomsky then raised concerns about battery-powered electric blowers, questioning how they became part of the discussion. "For years,"she said "we have had a seasonal ban,yet nothing has changed. In my neighborhood—up Country Road and Leather Stocking Lane—the blowers are nonstop. I have lived here for more than 30 years, and until recently, I was not even aware of the ban, because, in practice, it does not exist. Perhaps in the Village of Larchmont it's enforced, but not here. That's something we really need to consider when discussing enforcement." Councilmember Nichinsky responded, stating that"enforcement will need to be addressed.And why not allow electric blowers,the Councilmember asked?We want to encourage a transition away from gas-powered equipment, so permitting electric alternatives makes sense." Mark Kramer rose again to speak next, mentioning that he had attended a conference at the Jay Heritage Center in Rye last month,where he observed strong support for sustainable landscaping practices. One of the panel presenters, Mr. Kramer noted, was a landscaper from Greenwich, Connecticut,who works with several clients in Larchmont.The landscaper had shared insights from his own experience, explaining that his staff had not experienced an increase in the time required to complete their landscaping work after switching to electric equipment. While using battery-powered tools does require proper battery management, the landscaper emphasized that commercial-grade batteries are capable of meeting the demands of professional landscapers. Mr. Kramer acknowledged that he is not an expert in battery technology but found the landscaper's perspective compelling. Supervisor Elkind Eney thanked everyone for attending and those who participated and provided comments. The Supervisor mentioned she had received several Page 171 of 215 Town Board May 8, 2024 comments for the record, most of which were overwhelmingly positive. Supervisor Elkind Eney said that the Town had worked hard on the law and thanked Attorney Maker for drafting it. Additional comments for the record are enclosed on Attachment C. Moved by Councilmember King, seconded by Councilmember Nichinsky, the Public Hearing was unanimously closed.Carried Moved by Councilmember Nichinsky, seconded by Councilmember Fiddelman, the following Local law was approved as follows: Yea Nay Abstained Absent Town Supervisor Elkind Eney x Councilmember Fiddelman x Councilmember King x Councilmember Nichinsky x Councilmember Nambiar x 3 1 0 1 Carried SUPERVISOR'S REPORT Welcome to the May 08, 2024, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session in Conference Room A, starting at 5:00pm, which is open to the Public. On Thursday, April 25, the Town celebrated Arbor Day. This year marked the 32nd year the Town has been designated a Tree City USA by the national Arbor Day Foundation. In celebration, Sabrina and I along with Town Engineer, Rob Wasp Town Administrator Meredith Robson and Environmental Planner Liz Aitchison joined Highway Foreman John Barreto, Parks Foreman Mike Mendes and Town Arborists Jimmy Guinee and Esteban Nava in planting a red maple tree in Memorial Park. I would like to thank our Highway Department and Parks Department for keeping the Town's parks and landscaping so lovely. Thursday April 25-Sunday April 28 saw the annual Ice Breaker Tournament at the Hommocks Park Ice Rink. Over the four days of the tournament generations of families came back to our community and our rink. Players brought their parents, their grandparents, their siblings, their spouses, their children and their friends. Spectators ranged in age from a one-month-old infant to someone almost 90 years. They all enjoyed four days of food, love, and hockey. Last year's Ice Breaker was the first to have an all-women's game featuring Mamaroneck's own women's team, the Mother Puckers. This year, they were joined by two other women's teams so that we now have a women's division at the tournament. Here are the stats: 1 red carpet, ceremonial puck drop 1 band 30 total games 4 OT games 6 three-foot sandwiches 15 cases of water 50 pizzas 200+ players 275 shirts 750 hot dogs Page 172 of 215 Town Board May 8, 2024 1100+wings and 1 man who made it all happen --thank you, Dan Demasi! All tournament proceeds will go to the Hommocks Park Ice Rink Trust Fund which will be used to pay for improvements to our rink. On Tuesday April 30, Meredith and I attended a TVS meeting held in the Village of Mamaroneck.Among the topics we discussed were upcoming capital projects and housing projects. On May 3, 2024, I attended a press conference in the Village of Mamaroneck held by Steve Otis and Shelley Mayer to announce that New York State Senator Mayer and New York State Assemblyman Otis have secured $10.85 million towards the Mamaroneck-Sheldrake Army Corp of Engineers flood mitigation project as part of the recently approved FY 2024- 2025 NYS budget. Flooding, and the devastating effects it has, is one of the most pressing issues here in Mamaroneck. Our residents have suffered incredible losses in the last several years. State Senator Shelley Mayer and State Assemblyman Steve Otis have been tireless champions for our community. We thank them for their advocacy. On May 4, I attended the annual LGCA Kenducky Derby. Hundreds of kids purchased colorful "rubber ducks"that raced down the Brook.A good time was had by all! On May 5, I attended the annual base opening ceremony of United States Coast Guard Auxiliary Flotilla 75. Located at Harbor Island Park, Flotilla 75 has been serving the community of Lower Westchester and the Long Island Sound waters for over 70 years.The annual base opening commences with the start of boating season and their water patrols. I want to thank them for keeping our recreational boaters safe. STAFF COMMENTS/PRESENTATIONS 1. 2024 Bond Resolution Summary Report Comptroller Yogman stated that tonight we are asking the Board for the approval of bond resolutions to fund several capital projects that were included in the 2024 capital budget. I will provide some background, but since we reviewed this in detail in your work session, I'll keep it brief. One of our projects in the fire district involves funding Scott PACs, the air-breathing equipment used by firefighters. This particular item requires a referendum, and you will have the necessary resolutions for consideration later this evening. In total,we are proposing to bond approximately $12.5 million. Nearly half of this amount is designated for the Rye Lake filtration plant, a major initiative undertaken by the Town through the Westchester Joint Water Works, in collaboration with all its members. For this project, in 2024,we plan to bond $5.5 million, with an additional $4 million expected to be bonded over each of the next three years. The repayment will span 40 years, financed through water fees. Given that the town holds an AAA bond rating, this will assist in securing favorable interest rates,which we anticipate being between 3.5% and 3.7%—slightly higher than in previous years due to rising rates. Debt service on the bonds issued in 2024 will commence in 2025. In summary, there are thirteen projects in total, and we will be bonding for ten of them, each requiring resolutions for your consideration tonight.Additionally,we are rescinding three previously approved bonds, which I will explain. Some of these projects were bonded for but ultimately did not require issued debt, either because they were completed under budget or were supported by grants instead. Rescinding these bonds amounts to nearly$8 million, positively impacting our municipal bond credit rating. As outlined in the adopted budget, four projects will be funded through our existing fund balance. Thanks to the Town's strong financial standing,we can strategically Page 173 of 215 Town Board May 8, 2024 allocate fund balance reserves for one-time projects to mitigate long-term debt obligations. This approach reduces debt accumulation over 15, 20, and even 40 years. The specifics will be reflected in the upcoming capital budget amendments. At this point, I'd like to open the floor to ask if anyone has any questions regarding the projects we are bonding. There were no questions. Councilmember Nichinsky stated, I would like to express my appreciation. You regularly provide us with financial summaries, and we always find them helpful. During our work session, we asked numerous questions about the specific bonds, and I also want to acknowledge how thoughtfully you manage the fund balance. You make careful decisions about when to use reserves rather than issuing new bonds, ensuring a balanced approach. Thank you for all your hard work. Supervisor Elkind Eney added thank you. I always say, none of us need to worrybecause Comptroller Yogman worries enough for all of us and truly keeps everything in order. We all deeply appreciate the care you take in managing our finances. Now, we will move on, reviewing the bond resolutions later in Affairs of the Town. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Nichinsky and seconded by Commissioner Fiddelman the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky 2. Fire Claims Moved by Commissioner King, seconded by Commissioner Fiddelman, it was RESOLVED that the Board of Fire Commissioners hereby approves the attached list of fire claims. See Attachment D. Carried 3 3. Fire Report Commissioner King read the Fire Report for the Month of April 2024, as follows: ALARM TYPE NUMBER Generals 33 Minors 27 Stills 19 Out of Town (Mutual Aid) 3 EMS 41 Drills 4 TOTAL 127 Total number of personnel responding: 1,010 Page 174 of 215 Town Board May 8, 2024 Total time working: 54 hours and 38 minutes See Attachment E. 4. Consideration of Approval -Adoption of Bond Resolution for the Purchase of Scott Pak Replacements Moved by Commissioner Fiddelman, seconded by Commissioner Nichinsky, A RESOLUTION AUTHORIZING THE PURCHASE OF SCOTT PAK REPLACEMENTS FOR THE MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK,AT A MAXIMUM ESTIMATED COST OF$519,000,AND AUTHORIZING THE ISSUANCE OF $519,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST THEREOF. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed;NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The purchase of Scott Pak replacements, including incidental expenses in connection therewith, in and for Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, is hereby authorized at a maximum estimated cost of$519,000. Section 2. The plan for the financing of such maximum estimated cost is by the issuance of$519,000 serial bonds of said Fire District hereby authorized to be issued therefore pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Fire District, a tax without limitation as to rate or amount sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Fire District Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Fire District Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Fire District Treasurer, the chief fiscal officer of such Fire District. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such forth and contain such recitals, Page 175 of 215 Town Board May 8, 2024 in addition to those required by Section 51.00 of the Local Finance Law, as the Fire District Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: a. Such obligations are authorized for an object or purpose for which said Fire District is not authorized to expend money, or b. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or c. Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in full in the official newspaper of said Fire District for such purpose, together with a notice of the Fire District Secretary in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. This resolution is adopted subject to approval at a special election of said Fire District to be held on June 18, 2024. Carried 5. Consideration of Approval - Resolution Calling for a Special Fire District Election Moved by Commissioner King, seconded by Commissioner Fiddelman, WHEREAS, the Board of Fire Commissioners of the Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York has heretofore at this meeting adopted a bond resolution authorizing the purchase of Scott Pak replacements, including incidental expenses in connection therewith, at a maximum estimated cost of$519,000, which is subject to the approval of the qualified voters of said Fire District, NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A special election of the qualified voters of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, is hereby authorized to be held on the June 18, 2024, at the Weaver Street Firehouse, in Mamaroneck, New York, in said Fire District, between the hours of 3:00 o'clock P.M. and 9:00 o'clock P.M., Prevailing Time, to vote BY PAPER BALLOT upon the adoption or rejection of the bond resolution heretofore adopted at this meeting. Section 2. The notice of such special election shall be in substantially the following form, to-wit: Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York NOTICE IS HEREBY GIVEN that, pursuant to Section 38.00 of the Local Finance Law and Section 179 of the Town Law, a special election of the qualified voters of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, Page 176 of 215 Town Board May 8, 2024 New York, will be held at the Weaver Street Firehouse, 205 Weaver Street, in Mamaroneck, New York, in said Fire District, on June 18, 2024, between the hours of 3:00 o'clock P.M. and 9:00 o'clock P.M., Prevailing Time, for the purpose of voting by paper ballot upon the adoption or rejection of the following resolution: Bond Resolution A RESOLUTION AUTHORIZING THE PURCHASE OF SCOTT PAK REPLACEMENTS, FOR THE MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $519,000, AND AUTHORIZING THE ISSUANCE OF $519,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST THEREOF. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed;NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The purchase of Scott Pak replacements, including incidental expenses in connection therewith, in and for Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, is hereby authorized at a maximum estimated cost of$519,000. Section 2. The plan for the financing of such maximum estimated cost is by the issuance of$519,000 serial bonds of said Fire District hereby authorized to be issued therefore pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Fire District, a tax without limitation as to rate or amount sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Fire District Treasurer, the chief fiscal officer. Such notes shall be of such terms, form, and contents, and shall be sold in such manner, as may be prescribed by said Fire District Treasurer, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Fire District Treasurer, the chief fiscal officer of such Fire District. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such forth and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Fire Page 177 of 215 Town Board May 8, 2024 District Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: a. Such obligations are authorized for an object or purpose for which said Fire District is not authorized to expend money, or b. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or c. Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in full in the official newspaper of said Fire District for such purpose, together with a notice of the Fire District Secretary in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. This resolution is adopted subject to approval at a special election of said Fire District to be held on June 18, 2024. * * * * * * * * * * The polls will be kept open for the purpose of voting during the aforesaid hours, and the proposition will be in substantially the following form, to-wit: PROPOSITION Shall the bond resolution entitled: "A RESOLUTION AUTHORIZING THE PURCHASE OF SCOTT PAK REPLACEMENTS FOR THE MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $519,000, AND AUTHORIZING THE ISSUANCE OF $519,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST THEREOF.", duly adopted by the Board of Fire Commissioners of said Fire District on the 8th day of May, 2024, be approved? Pursuant to subdivision 4 of Section 179 of the Town Law, every elector of the Town who shall be a registered voter of the Town and who shall have resided in the Fire District for the period of thirty days next preceding the election which is the subject of this notice shall be qualified to vote upon such proposition. Dated:Mamaroneck, New York, May 8, 2024. BY ORDER OF THE BOARD OF FIRE COMMISSIONERS OF MAMARONECK FIRE DISTRICT NO. 1 IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK /s/Allison May Fire District Secretary Carried Page 178 of 215 Town Board May 8, 2024 6. Consideration of Approval - Resolution Designating Special Fire District Election Personnel Moved by Commissioner Nichinsky, seconded by Commissioner King, WHEREAS, the Board of Fire Commissioners of Mamaroneck Fire District No. 1, Westchester County, New York, has called a special election of the qualified voters of said Fire District to be held on June 18, 2024;and WHEREAS, it is now desired to provide for the appointment of a permanent chairman, inspectors of election and assistant clerks for said special election; NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of the Mamaroneck Fire District No. 1, Westchester County, New York, as follows: Section 1. Jessica Thorpe, a duly qualified voter of said Fire District is hereby appointed as the permanent chairman of the special election referred to in the preambles hereof. Section 2. The following named qualified voters of said Fire District are hereby appointed to act as inspectors of election of said special election, so that there shall be at least two inspectors for each ballot box or voting machine to be used thereat: Weaver Street Firehouse, in the Town of Mamaroneck, Larchmont, New York 10538. Section 3. Dan Nidus is hereby designated as chief election inspector. Section 4. The following named qualified voters of said Fire District are hereby appointed as assistant clerks of said special election:Ann Goode. Section 5. Each inspector of election and assistant clerk appointed for said special election, as herein provided, shall be entitled to compensation at the rate of$175 for each day actually and necessarily spent on the duties of his office. The Clerk of said Fire District is hereby authorized and directed to give written notice of appointment to the persons herein respectively appointed as permanent chairman, inspectors of election and assistant clerks for said special election. Section 6. This resolution shall take effect immediately. Carried 7. Consideration of Approval - Resolution Setting Time and Place of Meeting of Inspectors of Election Moved by Commissioner Fiddelman, seconded by Commissioner King, WHEREAS, the Board of Fire Commissioners of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York, heretofore RESOLVED on May 8, 2024, to call a special election of said Fire District, such special election to be held at Weaver Street Firehouse, 205 Weaver Street, in Mamaroneck, New York, in said Fire District, on June 18, 2024, between the hours of 3:00 o'clock P.M., and 9:00 o'clock P.M., Prevailing Time;and WHEREAS, pursuant to Section 175-a of the Town Law, only persons registered with the Westchester County Board of Elections on or before May 22, 2024, the date 23 days prior to the date of the election (taking into account rules regarding Sunday), shall be entitled to vote in such special election;and WHEREAS, such Section 175-a requires that a resolution setting the time and place Page 179 of 215 Town Board May 8, 2024 of the meeting of the election inspectors appointed by said Board of Fire Commissioners of said Fire District for the aforesaid special election be adopted at least thirty days prior to such special election;NOW, THEREFORE, BE IT RESOLVED, by the Board of Fire Commissioners of Mamaroneck Fire District No. 1 in the Town of Mamaroneck, Westchester County, New York; Section 1. The inspectors of election approved by resolution duly adopted by said Board of Fire Commissioners on May 8, 2024, shall meet at the Weaver Street Firehouse located at 205 Weaver Street, in Mamaroneck, New York, in said Fire District, on June 6, 2024, at 12:00 o'clock P.M. to commence preparation of the register of those persons eligible to vote in such special election. In accordance with said Section 175-a of the Town Law, only those persons registered with the Board of Elections of Westchester County on or before the date 23 days prior to the date of the election, will be entitled to vote at such special election. Section 2. This resolution shall take effect immediately, and neither publication nor posting is required. Carried 8. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Commissioner Nichinsky, seconded by Commissioner King, the Commission unanimously adjourned and the Town Board reconvened. Carried AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of Approval -Speed Hump Policy Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, it was RESOLVED that the Town Board hereby approves the Speed Hump Policy and hereby authorizes the Town Administrator to implement the policy. Carried 2. Consideration of Approval -Q2 2024 Capital Budget Amendments Moved by Councilmember Fiddelman, seconded by Councilmember King, it was RESOLVED that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Carried 3. Consideration of Approval - NYSDOT BridgeNY Grant Documents PIN#8763.18 —Rockland Avenue Bridge Superstructure Replacement Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, it was RESOLVED that the Town Board hereby approves the attached BridgeNY resolution and authorizes the Town Administrator to execute the Master Federal Aid Local Project agreement(State-Local Agreement) and any related documents necessary to carry out its implementation. Carried 4. Consideration of Approval - Emergency Assessor Services Page 180 of 215 Town Board May 8, 2024 Moved by Councilmember Nichinsky, seconded by Councilmember King, it was RESOLVED that the Town Board hereby approves the agreement with Whittemore Appraisals LLC. for Emergency Assessment services for$7,500 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried 5. Consideration of Award of Bid TA-24-09—Tree Watering Services Moved by Councilmember Nichinsky, seconded by Councilmember King, it was RESOLVED that the Town Board hereby awards the bid for the Town's 2024 Spring Tree Watering Program received and opened on May 2, 2024, to Cody Diggins/Ironwood Industries at the base bid amount of$43,125 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried 6. OUT OF ORDER(MOVED FORWARD FOLLOWING PUBLIC HEARING 1) Consideration of Approval -Comprehensive Plan's SEQRA Negative Declaration 7. Consideration of Approval - Bond Resolution for Parks Building (H5191) $2,470,000 Moved by Councilmember Nichinsky, seconded by Councilmember Fiddelman, it was RESOLVED TO AUTHORIZE, SUBJECT TO PERMISSIVE REFERENDUM, THE CONSTRUCTION OF A NEW PARKS BUILDING, IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK,AT A MAXIMUM ESTIMATED COST OF$2,921,280 AND AUTHORIZING THE ISSUANCE OF $2,470,000 SERIAL BONDS OF SAID TOWN TO PAYA PORTION OF THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment;NOW THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project;NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The construction of a new Parks Building at Memorial Park, in and for the Town of Mamaroneck, Westchester County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of$2,921,280. Section 2. The plan for the financing of the aforesaid maximum estimated cost is Page 181 of 215 Town Board May 8, 2024 as follows: a) by the issuance of$2,470,000 bonds of said Town hereby authorized to be issued therefor, pursuant to the provisions of the Local Finance Law; and b) By the appropriation and expenditure of$451,280 other monies of said Town, which expenditure is hereby authorized therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five (25)years, pursuant to subdivision 11(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds(and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150- 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Page 182 of 215 Town Board May 8, 2024 Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Carried 8. Consideration of Approval - Bond Resolution for Road Reconstruction (H5104) $1,075,300 Moved by Councilmember King, seconded by Councilmember Nichinsky, it was RESOLVED TO AUTHORIZE, SUBJECT TO PERMISSIVE REFERENDUM, ROAD RECONSTRUCTION, THROUGHOUT AND IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK,AT A MAXIMUM ESTIMATED COST OF$1,468,300 AND AUTHORIZING THE ISSUANCE OF $1,075,300 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type 11 Actions will not have a significant adverse impact on the environment;NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project;NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Reconstruction of various roads, throughout and in and for the Town of Mamaroneck, Westchester County, New York, including drainage, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as other incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of$1,075,300. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of$1,075,300 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years,pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Page 183 of 215 Town Board May 8, 2024 Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds(and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150- 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1. Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Carried 9. Consideration of Approval - Bond Resolution for Highway Vehicles(H5106) $505,600 Moved by Councilmember Fiddelman, seconded by Councilmember King, it was RESOLVED TO AUTHORIZE, SUBJECT TO PERMISSIVE REFERENDUM, THE PURCHASE OF CONSTRUCTION AND MAINTENANCE EQUIPMENT, FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK,AT A MAXIMUM ESTIMATED COST OF$505,600 AND AUTHORIZING THE ISSUANCE OF$505,600 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. Page 184 of 215 Town Board May 8, 2024 WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type ll Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment;NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project;NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The purchase of construction and maintenance equipment, each item of which costs$30,000 or over, for the Town of Mamaroneck, Westchester County, New York, including incidental equipment and expenses in connection therewith, is hereby authorized at a maximum estimated cost of$505,600. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of$505,600 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years,pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Page 185 of 215 Town Board May 8, 2024 Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150- 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1. Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Carried 10. Consideration of Approval - Bond Resolution for Highway Garage-for Tree Equipment(H5138) $793,000 Moved by Councilmember Nichinsky, seconded by Councilmember Fiddelman, it was RESOLVED TO AUTHORIZE, SUBJECT TO PERMISSIVE REFERENDUM, THE CONSTRUCTION OF A NEW TREE EQUIPMENT GARAGE, IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK,AT A REVISED MAXIMUM ESTIMATED COST OF$1,178,000 AND AUTHORIZING THE ISSUANCE OF$793,000 SERIAL BONDS OF SAID TOWN TO PAYA PORTION OF THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment;and WHEREAS, by a bond resolution dated June 16, 2021, the Town Board of the Town of Mamaroneck, Westchester County, New York, authorized the issuance of$385,000 serial bonds of said Town to pay the cost of the construction of a new tree equipment garage, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, in and for said Town;and WHEREAS, it is now desired to authorize the financing of such capital project;NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Page 186 of 215 Town Board May 8, 2024 Section 1. The construction of a new tree equipment garage at the site of the existing Town Highway garage, including demolition of the existing garage, in and for the Town of Mamaroneck, Westchester County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, is hereby authorized at a revised maximum estimated cost of$1, 178,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is as follows: a) by the issuance of the $385,000 bonds of said Town authorized to be issued pursuant to the aforesaid bond resolution dated and duly adopted on June 16, 2021;and b) by the issuance of an additional $793,000 bonds of said Town hereby authorized to be issued therefor, pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five (25)years, pursuant to subdivision 11(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, calculated from the date of issuance of the first obligations therefor, pursuant to the bond resolution dated and duly adopted on June 16, 2021. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds(and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Page 187 of 215 Town Board May 8, 2024 Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Carried 11. Consideration of Approval - Bond Resolution for Curb Improvements (H5173) $293,000 Moved by Councilmember King, seconded by Councilmember Nichinsky, it was RESOLVED TO AUTHORIZE, SUBJECT TO PERMISSIVE REFERENDUM, CURB IMPROVEMENTS THROUGHOUT AND IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK,AT A MAXIMUM ESTIMATED COST OF$293,000 AND AUTHORIZING THE ISSUANCE OF $293,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment;NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project;NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Curb improvements throughout and in and for the Town of Mamaroneck, Westchester County, New York, including incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of$293,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of$293,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Page 188 of 215 Town Board May 8, 2024 Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150- 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1. Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. Carried 12. Consideration of Approval - Rescinding Certain Bond Resolutions Adopted by the Town Board in 2017 and 2019 Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, it was Page 189 of 215 Town Board May 8, 2024 resolved WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York (the "Town") has heretofore duly adopted bond resolutions of said Town for certain purposes as hereinafter described;and WHEREAS, it has now been determined that said financing authorizations will not be required for said capital projects and it is now desired to repeal said serial bond authorizations, or a portion thereof to the extent not heretofore utilized;NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than a majority of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The serial bond authorizations of the bond resolutions hereinafter specified are each hereby repealed; provided, however, such repeal shall only be effective to the extent any such authorization to be repealed has not heretofore been utilized for the issuance of obligation of the Town therefor: DATE PROJECT BONDS BONDS AUTHORIZED REPEALED June 21, 2017 Sewer District No. 1 $ 11,100,000 $ 7,170,000 Improvements February 20, Comprehensive $ 248,000 $ 68,000 2019 Master Plan Consolidated Water June 5, 2019 District(Rye Lake $ 2,863,500 $ 586,000 Facility) Section 2. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY AND NEITHER PUBLICATION NOR POSTING SHALL BE REQUIRED. Carried 13. Consideration to Set a Public Hearing for Increase and Improvements to Garbage District 1 [Bond Resolution for Garbage Truck(H8609) $444,000] Moved by Councilmember Nichinsky, seconded by Councilmember Fiddelman, WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared an estimate of cost,pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York(the "Garbage District"), being the purchase of a garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of $444,000;and WHEREAS, said capital project has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act("SEQRA), the implementation of which as proposed, it has been determined will not result in a significant environmental effect;and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Garbage District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law;NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Page 190 of 215 Town Board May 8, 2024 Section 1. A public hearing will be held in the Town Center, in Mamaroneck, New York, in said Town, on June 5, 2024, at 8 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. Carried 14. Consideration to Set a Public Hearing for the Increase and Improvements to Water District 1 [Bond Resolution for Park Lane Water Storage Tank(H1397) $392,500] Moved by Councilmember King, seconded by Councilmember Fiddelman, WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared a map, plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York(the "Water District), being the rehabilitation of the Park Lane Storage Tank#2 (Town share), including original furnishings, equipment, machinery, apparatus, appurtenances, and other improvements and expenses in connection therewith, at a maximum estimated cost of$392,500;and WHEREAS, said capital project has been determined to be a Type ll Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act("SEQRA), the implementation of which as proposed, it has been determined will not result in a significant environmental effect;and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of said Water District, in the matter described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law;NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. A public hearing will be held in the Town Center, in Mamaroneck, New York, in said Town, on June 5, 2024, at 8 o'clock P.M., Prevailing Time, on the question of the increase and improvement of the facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the official Page 191 of 215 Town Board May 8, 2024 newspaper, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the form attached hereto as Exhibit A and hereby made a part hereof. Section 4. This Order shall take effect immediately. Carried REPORTS OF MINUTES REPORTS OF THE COUNCIL Councilmember Fiddelman • On the 29th, I attended a presentation by Kristin O'Neill from the Committee on Open Government on open meetings law and FOIL requests. Thank you to the Village of Mamaroneck for organizing and inviting us to join in. • On Monday night, I attended the Housing Authority Meeting. • Missing the monthly Library meeting tonight, unfortunately • The Larchmont-Mamaroneck Local Summit will meet in person on Tuesday, the 14th at 8 a.m. at Westchester Jewish Center, on 'How to protect yourself from SCAMS'. Councilmember King • Last week, I attended the Coastal Zone meeting. • Now that we are approaching the end of the school year, check out the Town of Mamaroneck's Recreation website for summer employment! Councilmember Nichinsky • I attended the Sustainability Collaborative meeting on May Th. As usual they have many activities and events planned. In the last month, they had a successful Compost Giveaway Day, Earth Day, and a pollinator tour and talk. They are working on revamping the website to make it more user-friendly. And they are always looking for more volunteers to join them! • Attended at Westchester Jewish Center last Sunday, a holocaust remembrance ceremony. This year's event was particularly meaningful and sobering, particularly with the recent uptick in antisemitism. TOWN ADMINISTRATOR'S REPORT Town Administrator Robson stated that it is Public Service Recognition Week, observed during the first week of May, honoring individuals who serve across all levels of government. While official recognition began in 1985, public service has long played a crucial role in communities. Administrator Robson emphasized that the Town's employees are especially vital and effective, expressing deep appreciation for their dedication and meticulous work. Their contributions—often unseen—significantly enhance the community's quality of life. Administrator Robson extended a heartfelt thanks to the Town's entire staff, recognizing their efforts as essential, valued, and deeply respected, and underscoring a profound sense of pride in working alongside them. TOWN CLERK'S REPORT Now that the weather is getting better, we have received several new license applications for peddler's that are planning to go door to door and sell something in the Town. If you do not want people selling to you, please give us a call in the Town Clerk's office at 914-381-7870. If you get the message machine, simple state your name and address and that you want to be added to the NO KNOCK list. A special thank you to Town resident Brian Lobel for mentioning the NO KNOCK list and registration at the Senior Center's recent SCAM Page 192 of 215 Town Board May 8, 2024 Prevention Presentation. TOWN ATTORNEY'S REPORT Thanked the Town Administrator for thanking him. As he has spring fever, he had no other report. ADJOURNMENT On motion of Councilmember King, seconded by Councilmember Nichinsky, the meeting was unanimously adjourned at 9:45 p.m. Carried REGULARLY SCHEDULED MEETING - May 22,2024 Respectfully Submitted by Allison May, Town Clerk Page 193 of 215 47 & • y Town of Mamaroneck ',,.. Town Board Minutes Q r." o Wednesday, June 5,2024, Courtroom, s . 4; 72, Second Floor of Town Center 1—. x 5:00 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Sabrina Fiddelman, Councilmember Jeffery L. King, Councilmember Robin Nichinsky, Councilmember Anant Nambiar, Councilmember ABSENT: ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator William Maker Jr., Town Attorney Tracy Yogman, Town Comptroller Robert P. Wasp, Town Engineer Marc Romero, Assistant to the Town Administrator 5:00 PM THE TOWN BOARD WORK SESSION CALL TO ORDER The Work Session of the Town Board was called to order by Town Supervisor Elkind Eney. Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, the Work Session unanimously opened at 5:00 p.m. WORK SESSION ITEMS 1. Discussion - Housing Authority - Lease Amendment and Resolution Town Supervisor Jaine Elkind Eney noted that there was an error in the document, so the item will be deferred. 2. Discussion -Affordable Housing Agreement- Housing Action Council Town Attorney William Maker Jr. advised that there had been no changes since the last time the Town Board reviewed this document. Attorney Maker emphasized that once it is determined that a resident earns over the allowable income threshold, then they would be permitted to remain at the Hommocks Apartments for one year before being required to move out, unless their financial situation had changed again and they have moved back below the threshold. Councilmember King asked about the waitlist. Town Administrator Meredith Robson explained that outreach efforts are being made to add more individuals to the waitlist, adding that data provided by residents and applicants is always protected. 3. Discussion -"Supersession of Portions of Section 274-a (8) of the New York Town Law in the Town of Mamaroneck" Law and the "Update of the Procedures for Site Plan Review of Non-Residential Development" Attorney Maker explained that this change originated from the Planning Board's Page 194 of 215 Town Board June 5, 2024 concern about maintaining a quorum during the summer months. The Town Board recognizes that summertime often poses challenges for scheduling meetings. Therefore, the requirement for opening a public hearing on any non-residential site plan application filed between June 1 and August 31 will be extended to 90 days. First, the Town Board must supersede the current Local Law, after which they can update the Procedures for Site Plan Review and Non-Residential Development. 4. Discussion -2024 Capital Budget Amendments Town Comptroller Tracy Yogman reviewed the proposed 2024 Capital Budget Amendments with the Town Board. 5. Discussion - Review of Bid Results -TA-24-06 Parks Department and Sign Shop Facility Reconstruction Town Engineer Rob Wasp presented the bid results for the Parks Department and Sign Shop Facility Reconstruction, noting that the bid came in higher than expected due to unforeseen items and current market conditions. The existing facility, built in the 1930s and 1950s, is outdated and does not meet code requirements. In addition, it sustained much damage from Hurricane Isa. The proposed new building, designed to blend with Memorial Park, would be 2,400 square feet. This would include a ground floor garage for the Parks Department, a partial second floor to be used for the Sign Shop, two parking bays, an oil separator, and a loft for storage. Engineer Wasp pointed out that the project would need to be split into four separate construction bids due to its cost exceeding $1.5 million (as required by Wicks Law). Engineer Wasp addressed potential cost-saving measures such as reducing the building's footprint and deferring the installation of sprinklers. Lastly, Engineer Wasp highlighted the impracticality of reutilizing the current structure due to its inability to meet functional and fire code requirements. The Town Board discussed possible options for savings and redesign, acknowledging the need to prioritize and manage escalating costs. Materials and small equipment are currently stored outside, highlighting the urgency for a new, code-compliant building. Relatedly, Town Supervisor Elkind Eney raised concerns about the Town's debt load and the capital plan, suggesting a review of the capital plan during an upcoming summer meeting. To proceed with value engineering, as the Board requested, the current bids must be rejected. 6. Discussion - Review of Easement Agreement Private Drain Connection -670 Forest Avenue The Town Administrator noted that the Town's role is to issue a permit and ensure that the work is done properly. The easement agreement will be revised. 7. Discussion - Local Law Regarding Overnight Parking Attorney Maker explained that this proposed local law addresses houses without driveways, all located on one-way streets. The Traffic Committee and Police both support this initiative. 8. Discussion -Standard Work Day and Reporting Resolution for Elected and Appointed Officials 9. Discussion - Proposed Town Board Meeting Dates The Town Board discussed setting up the July meeting on the 17th and the August meeting on the 14th. Then, the Board suggested changing the October 1st meeting to Monday September 30th Page 195 of 215 Town Board June 5, 2024 10. Request for Executive Session Moved by Councilmember Fiddelman, seconded by Councilmember King, the Town Board agreed to enter into Executive Session to discuss the proposed acquisition, sale, or lease of real property, potential litigation regarding the Tree Law, the employment history of a particular person or persons, and collective negotiations pursuant to article fourteen of the civil service law. Carried Moved by Councilmember Nichinsky, seconded by Councilmember Nambiar, the Town Board unanimously agreed to resume the Regular Meeting. Carried 11. Updates 12. Additions to Regular Meeting Agenda The Town Board deferred Affairs of the Town Item 1 - Housing Authority Amendment and Item 6 - Easement Agreement Private Drain Connection and added a resolution to set the summer Town Board Meeting dates on July 17th and August 14th, and to move the Town Board Meeting of October 1st to September 30th. 13. Energy Presentation Noam Bramson, executive director of Sustainable Westchester, alongside June Wallach, presented an overview of upcoming changes for municipalities participating in the Westchester Power Community Choice Aggregation program's next contract. Acknowledging concerns from officials and residents in municipalities where the fixed rate negotiated in 2022 has surpassed Con Edison's current rate, Mr. Bramson addressed how this year's Sustainable Westchester offering aims to be an improvement. He also highlighted the more favorable conditions expected in the upcoming contract negotiations, set to begin next month and take effect in November. Additionally, Mr. Bramson noted that many of the state's most polluting "peaker" plants will be decommissioned in 2025, potentially influencing standard energy prices before new sources become available. 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting convened in the Courtroom Located on the second floor at the Town Center. The Public was to view the meeting on cable access television (Optimum 76/ Fios 35) or on LMCMedia.org CALL TO ORDER The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at 8:09p.m. Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five o'clock this evening. SUPERVISOR'S REPORT Welcome to the June 5, 2024, meeting of the Town Board of the Town of Mamaroneck. The Town Board met today for a Work Session in Conference Room A, starting at 5:00pm, which is open to the Public. I hope everyone had a wonderful Memorial Day weekend. There were numerous events here in the Town in observance which various members of the Town Board attended. While we enjoyed the weekend, it is important ALWAYS to remember those who made the ultimate sacrifice in service to our country. We owe them a debt of gratitude and will never forget Page 196 of 215 Town Board June 5, 2024 them. WJWW: I am pleased to report that WJWW entered into a contract with the County of Westchester for a land swap pursuant to which WJWW will acquire title to the parcel of land necessary to build the required water filtration plant. The first Harrison Planning Board meeting with respect to the filtration plant was last night.A public hearing has been scheduled for June 25th. Grievance Day: On June 1st the tentative assessment roll and assessment data was posted on our Town website under property assessment(www.TownofMamaroneckNY.org). All property owners will receive an "assessment notice" in the mail in the beginning of June. Adjusting assessments to appropriately reflect market value shifts and physical changes to property inventory are required by the New York State Office of Real Property Tax Services and are typical in municipalities that maintain assessments at full market value. Please be aware that the Assessor does not determine taxes; that is the responsibility of each taxing jurisdiction (Town, County, School, etc.).Assessments are the mechanism that determines each taxpayer's share of the property tax levy each year. If you disagree with your full market value estimate, you are entitled to challenge your assessment through the Board of Assessment Review from June 1st to June 18th, 2024. Grievance applications, instructions, and procedures are available on our website under the Assessor's Department and can be mailed or submitted in person at the Town Center Monday through Friday 8:30AM to 4:00PM beginning June 1st and until June 18th. In addition, the Board of Assessment Review will be in session on June 18 between the hours of 10am-12noon, 2pm- 4pm, and 6pm-8pm by appointment. Early Voting: The next Primary Election will take place on June 25th on which date voters must vote at their assigned polling location. If you vote early, you can vote at any voting location in Westchester County. Please see the information below.Additional details can be found on our Town website. The Town Center is an early voting location for all Westchester County residents, regardless of your polling location. Early voting will take place on the following dates and times: Saturday, June 15, 2024, from 10 a.m. until 6 p.m. Sunday, June 16, 2024, from 10 a.m. until 6 p.m. Monday, June 17, 2024,from 8 a.m. until 4 p.m. Tuesday, June 18, 2024,from 12 p.m. until 8 p.m. Wednesday, June 19, 2024, from 8 a.m. until 4 p.m. Thursday, June 20, 2024,from 12 p.m. until 8 p.m. Friday, June 21, 2024, from 8 a.m. until 4 p.m. Saturday, June 22, 2024, from 10 a.m. until 6 p.m. Sunday, June 23, 2024, from 10 a.m. until 6 p.m. For more information, please visit our website. Fire District Special Election: On June 18, there will be a special election for the qualified voters of the unincorporated area of the Town of Mamaroneck (Fire District No. 1)for the purpose of approving a bond in the amount of$519,000 to purchase new scot packs (breathing apparatus)for our firefighters. The election will take place at the Weaver Street Firehouse between the hours of 3:00pm and 9:00pm. Because it's the fire district,we are required to hold a special election to approve any bonding for the Town of Mamaroneck Fire Department. The annual Village of Mamaroneck's Firefighter's Parade will be June 28 at 7:00 in the Village of Mamaroneck. Juneteenth: The Town Offices will be closed on June 19 in observance of Juneteenth. The following is the modification of the recycling Sanitation Schedule: On Tuesday June 18, paper recycling will be collected from the apartment buildings and commercial businesses ONLY On Monday June 24th those with Monday Garbage collection will have their garbage and comingled (bottles/cans/plastic) picked up Page 197 of 215 Town Board June 5, 2024 On Tuesday, June 25th, those with Tuesday garbage collection will have their garbage and comingled (bottles/cans/plastic) picked up. On Wednesday, June 26th ONLY paper recycling from all residences and commercial properties will be picked up. (OUT OF ORDER) STAFF COMMENTS/PRESENTATIONS 1. Westchester Power Presentation by Sustainable Westchester Noam Bramson, Executive Director of Sustainable Westchester, continued his presentation on Westchester Power, reinforcing its role in expanding consumer choice. He emphasized that residents and businesses can assess price, predictability, and environmental impact to determine the best energy option for their needs. However, municipalities have a broader responsibility—deciding the level of leadership they wish to demonstrate in energy policy and sustainability. With 29 municipalities participating, representing two-thirds of Westchester County's population, he underscored that Westchester Power remains a strong option for communities prioritizing clean energy and consumer protection. Addressing the current contract's challenges, Mr. Bramson acknowledged concerns over the higher fixed rate compared to Con Edison's fluctuating rates. He explained that the contract was finalized in 2022 amid high energy price forecasts following the onset of the war in Ukraine. Contrary to projections, utility rates declined, resulting in a persistently higher cost for Westchester Power participants. However, he pointed out that past contracts had been competitive with the utility, sometimes offering lower rates, and stressed that the latest contract was an outlier rather than a trend. Moreover, when compared to renewable energy offerings from private ESCOs, Westchester Power consistently provided lower-cost options. Looking ahead to 2024 and 2025, Mr. Bramson shared promising indications that the upcoming contract would be secured at a significantly lower price, making participation more attractive. He noted that projected capacity issues in the New York energy market could drive utility prices higher in 2025, making a fixed rate established in 2024 particularly beneficial. Mr. Bramson also outlined changes to the renewable energy market, explaining that municipalities would no longer be able to select the fossil fuel-based default or the previous Tier 2 renewable energy option. Instead, they would choose between: • A light green basic offering (50% renewable), or • A dark green 100% renewable product, comprising 50% Tier 1 (wind and solar) and 50% Tier 2 (hydropower). The dark green option would be the most environmentally impactful choice in the program's history. However, if Tier 1 and Tier 2 renewable energy certificate (REC) prices differ significantly, the program may not proceed with that option to avoid excessive costs. For Mamaroneck, Mr. Bramson outlined three possible decisions: 1. Exit the program entirely, defaulting residents to Con Edison's fossil-fueled electricity supply. 2. Re-enter the program with a light green default (50% renewable), allowing individuals to opt up to medium green or exit the program. 3. Re-enter the program with a dark green default (100% renewable), allowing individuals to opt down to light green or exit the program. Page 198 of 215 Town Board June 5, 2024 Additionally, he explained two ways municipalities could proceed with the dark green option—either taking immediate action or designating an administrator to finalize the decision later. Mr. Bramson concluded with an urgent timeline: • Preliminary municipal action in June. • Tier 1 REC pricing determined in July. • Purchase finalized in August. New contract effective November 1, with extensive public notifications before implementation. In closing, Mr. Bramson reflected on the larger significance of local climate action, stressing that small-scale individual efforts matter within a broader economic and geographical context. Mr. Bramson cited Westchester County's influence on New York State, the world's tenth-largest economy, and encouraged communities to recognize their role in shaping the clean energy future. Supervisor Elkind Eney thanked Mr. Bramson for his presentation, praising Sustainable Westchester for its impressive breadth and impact. The Supervisor noted that she and Councilmember Sabrina Fiddelman had attended the organization's annual meeting virtually and were struck by the depth of its programming. Mr. Bramson responded warmly, recognizing the Town of Mamaroneck as an important part of Sustainable Westchester's history and leadership. 2. Police Department Awards Town of Mamaroneck Police Chief Paul Creazzo addressed the Town Board, extending his gratitude for the opportunity to speak. Chief Creazzo emphasized that each day, the dedicated men and women of the Town of Mamaroneck Police Department stand ready to serve, safeguard residents, and protect all who pass through the community. This evening, we honor those officers who have demonstrated extraordinary bravery, selflessness, and commitment beyond the call of duty. These individuals embody the highest principles of law enforcement—compassion, ingenuity, and unwavering courage in the face of adversity. To the honorees, Chief Creazzo stated, your actions have not gone unnoticed. Your dedication has made a profound impact on the people and community you have sworn to protect and serve. We commend your professionalism and unwavering commitment to excellence. Then, Chief Creazzo and Captain James Maher presented the following awards: First Aid/Lifesaving Medal—P.O. Jennifer Guski & P.O. Jonathan Chabrier On April 21, 2023, at 8:36 a.m., the Police Department responded to a possible overdose on Richbell Road. Police Officers Jennifer Guski and Jonathan Chabrier acted swiftly, with P.O. Guski administering a dose of Naloxone (NARCAN). Shortly afterward, the individual regained consciousness and was transported to a hospital. Their rapid response and application of first aid saved a life. First Aid/Lifesaving Medal—P.O. Anthony DiTomasso &Sgt. William Rakas On May 29, 2023, at 12:49 p.m., the Police Department was dispatched to an overdose Page 199 of 215 Town Board June 5, 2024 incident on Weaver Street. Police Officer Anthony DiTomasso and Sergeant William Rakas immediately rendered aid,with P.O. DiTomasso administering Naloxone (NARCAN). The individual was transported to a hospital by LVAC. Their decisive actions contributed to saving a life. Excellent Police Duty Medal—P.O. Randy Reif& P.O. Robert Rotella On August 30, 2023, at 3:29 p.m., officers responded to an emergency admission order under the Mental Hygiene Law for a town resident with a history of unpredictable and aggressive behavior. Police Officers Randy Reif and Robert Rotella engaged the individual,who reacted with hostility and barricaded themselves in a room. Demonstrating patience and empathy, the officers maintained a dialogue, ultimately persuading the individual to seek treatment—resolving the situation without resorting to force. Excellent Police Duty Medal—P.O. McCabe Glass On October 7, 2023, at 6:30 p.m., Police Officer McCabe Glass conducted a traffic stop on Murray Avenue after observing a vehicle commit a traffic infraction. Upon investigation, P.O. Glass discovered that the driver had an active homicide warrant from Hudson County, New Jersey. P.O. Glass safely placed the individual under arrest without incident, ensuring their transfer to Westchester County Jail and later to New Jersey authorities. His keen observation skills and diligent investigation led to the successful apprehension of a fugitive. Unit Citation & Excellent Police Duty Medal—Multiple Officers On October 23, 2023, at 9:12 a.m., officers responded to a report of a suspect entering vehicles and committing larcenies on Richbell Road. P.O.Andrew Sposta engaged the individual, who attempted to flee. P.O. Paul Walsh and P.O. Robert Rotella successfully restrained the subject,while P.O. Michael Nuzzo deployed a conducted energy weapon, allowing officers to safely secure the suspect.A subsequent investigation revealed stolen items, cash, narcotics, and a loaded firearm in the suspect's possession. Parking Enforcement Officer James Mandracchia later identified the suspect from an earlier interaction, leading to the discovery of a stolen vehicle from Connecticut. The officers demonstrated outstanding teamwork, bravery, and investigative diligence. In recognition, the following officers were awarded the UNIT CITATION: • Sgt. Nelson Flores • P.O. Paul Walsh • P.O. Michael Nuzzo • P.O.Andrew Sposta • P.O. Brendan McManus • PEO James Mandracchia • P.O. Robert Rotella Additionally, P.O. Michael Nuzzo, P.O. Robert Rotella, and P.O. Paul Walsh received the EXCELLENT POLICE DUTY MEDAL for their exemplary performance in securing the scene. First Aid/Lifesaving Medal—P.O. Cristina Mirco & P.O. Jonathan Chabrier On November 5, 2023, at 1:15 a.m., Police Officers Cristina Mirco and Jonathan Chabrier responded to an overdose on Fifth Avenue. With assistance from Town of Mamaroneck Firefighter John Innella,they administered two doses of Naloxone Page 200 of 215 Town Board June 5, 2024 (NARCAN)and successfully revived the individual before transport to a hospital. Their swift response saved a life. In closing, Chief Creazzo offered heartfelt congratulations to all, expressing appreciation for the honorees'steadfast dedication to both their profession and the community of the Town of Mamaroneck. PUBLIC HEARING(S) 1. Garbage District Bonding The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York,will meet in the Town Center, in Mamaroneck, New York, in said Town, on June 5,2024, at 8 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain estimate of cost, in relation to the proposed increase and improvement of the facilities of Garbage District No. 1, in said Town, being the purchase of a garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$444,000. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, May 19, 2024 Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, the Public Hearing was unanimously opened. Carried Town Administrator Robson explained that this would be for bonding for a garbage truck in the estimated amount of$444,000. Supervisor Elkind Eney Supervisor Elkind Eney then invited any public comment. Michael Gottfried addressed the Town Board first, expressing his appreciation for Noam Bramson's remarks and recalling the community's long-standing efforts to support Mr. Bramson's leadership. Mr. Gottfried emphasized the impact of climate change on local initiatives and the motivation it provides for community action. Turning to the issue of municipal bonding, Mr. Gottfried inquired about the lack of specific details regarding the planned truck purchase. He highlighted that the decision had not yet been made regarding whether to acquire a rear loader truck, a current model, or a one-armed bandit. Mr. Gottfried described this uncertainty as unusual, comparing it to requesting a loan without specifying the intended purchase. Mr. Gottfried strongly recommended that the Board earmark funds for a one-armed bandit, citing his extensive sanitation advocacy and ongoing efforts to promote operational efficiencies. Mr. Gottfried continued, highlighting the importance of investing in the one-armed bandit truck, particularly in relation to the goal of implementing food scrap pickup services. Mr. Gottfried shared that the Village of Larchmont council had indicated its willingness to proceed with similar investments once the Town commits to acquiring the truck, reinforcing the broader community interest in improved waste management. Concluding his remarks, Mr. Gottfried urged the Board to adopt the resolution with a stipulation that funds be allocated specifically for the one-armed bandit. Mr. Gottfried reiterated the strong local support for this initiative and emphasized the potential Page 201 of 215 Town Board June 5, 2024 benefits of enhanced efficiency and expanded services. Mr. Mark Kramer, addressed the Town Board next, emphasizing the importance of forward-thinking decision-making and the long-term impact of the Board's choices. Referring to remarks by Noam Bramson, Mr. Kramer underscored the necessity of planning for the future rather than relying on past practices. Mr. Kramer acknowledged the Town Supervisor's concerns about being the first to adopt a new approach but noted that one-armed bandit trucks are widely used across the United States and have already proven effective in Westchester County. He urged the Town Board to thoroughly evaluate its options and prioritize the purchase of a durable and flexible vehicle that would best serve the municipality's needs. Mr. Kramer highlighted the potential for expanded services, particularly regarding food scrap and organic waste collection,suggesting that future innovations could allow for dual-use capabilities. While he did not claim to have any expertise in state-of-the-art waste collection technology, Mr. Kramer encouraged the Board to approach the decision with a progressive mindset rather than defaulting to past choices. In closing, Mr. Kramer commended the municipality's proactive stance on waste management initiatives and urged the Board to continue that approach. He acknowledged that forward-thinking investments may require higher initial costs but argued that they would yield greater long-term benefits. Mr. Kramer requested that the council consider these factors in its decision-making process. Supervisor Elkind Eney clarified that the Town Board was not making a decision on the specific type of truck to purchase at this meeting but instead approving funding to ensure resources would be available for that decision in the future. Supervisor Elkind Eney expressed appreciation for the community's input and acknowledged that the Board was considering the matter carefully. Administrator Robson provided further clarification, explaining that the authorization granted at this meeting allowed financing for the vehicle, but final decisions on the amount spent and the specific truck model would be determined later.Administrator Robson also highlighted the complexities involved, particularly concerning sanitation commission operations. Councilmember Nichinsky reiterated that this meeting's purpose was solely to approve bonding for a truck, with the type of vehicle to be decided at a later time and requested confirmation that the funding amount approved could accommodate various truck options.Administrator Robson confirmed that the authorization was strictly financial, could accommodate options, and did not finalize any purchase. Councilmember Nichinsky sought further clarification, prompting Supervisor Elkind Eney to confirm that additional discussions would take place before any final truck selection. Councilmember Fiddelman then noted that earlier discussions about the truck had not specifically addressed the one-armed bandit model but had included considerations regarding food scrap collection,which would require additional outfitting.Administrator Robson responded that a previously purchased vehicle included the necessary modifications for food scrap collection but acknowledged her uncertainty about whether the one-armed bandit model had that capability.Administrator Robson committed to verifying this information. Councilmember Fiddelman reiterated that she thought that the recently purchased truck was outfitted for food scrap collection, acknowledging that further discussions would be necessary. Supervisor Elkind Eney then called for any additional comments before requesting a motion to close the public hearing. Moved by Councilmember King, seconded by Councilmember Nambiar, the Public Hearing was unanimously closed. Page 202 of 215 Town Board June 5, 2024 Carried Moved by Councilmember Nambiar, seconded by Councilmember King, the following Public Interest Order was approved: In the Matter PUBLIC INTEREST ORDER of The Increase and Improvement of the Facilities of Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, being the purchase of a garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$444,000 and WHEREAS, at a meeting of said Town Board duly called and held on May 8, 2024, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Garbage District No. 1 in said Town at a maximum estimated cost of$444,000, and to hear all persons interested in the subject thereof concerning the same at the Town Center, in Mamaroneck, New York, in said Town, on June 5, 2024, at 8:00 o'clock P.M., Prevailing Time;and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law;and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$444,000. Section 2. This Order shall take effect immediately. Carried Moved by Councilmember Nichinsky, seconded by Councilmember Nambiar, the following Bond Resolution was approved: A RESOLUTION AUTHORIZING THE ISSUANCE OF$444,000 BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF Garbage District No. 1, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Garbage District No. 1, in the Town of Mamaroneck, Page 203 of 215 Town Board June 5, 2024 Westchester County, New York, at a maximum estimated cost of$444,000;and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type ll Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which as such, will not have any significant adverse effect on the environment NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of Garbage District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a garbage truck, including incidental equipment and expenses in connection therewith, there are hereby authorized to be issued$444,000 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $444,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $444,000 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Garbage District No. 1 as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment Page 204 of 215 Town Board June 5, 2024 dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Carried 2. Water District Bonding The following Notice of Public Hearing is entered into the record as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York,will meet in the Town Center, in Mamaroneck, New York, in said Town, on June 5,2024, at 8 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing upon a certain map, plan and report and estimate of cost, in relation to the proposed increase and improvement of the facilities of Water District No. 1, in said Town, being the rehabilitation of the rehabilitation of the Park Lane Storage Tank#2 (Town share), including original furnishings, equipment, machinery, apparatus, appurtenances, and other improvements and expenses in connection therewith, at a maximum estimated cost of$392,500. It has been determined that said project is a Type II Action under the regulations promulgated under the State Environmental Quality Review Act. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Dated: Mamaroneck, New York, May 19, 2024 Moved by Councilmember King, seconded by Councilmember Fiddelman, the Public Hearing was unanimously opened. Carried Supervisor Elkind Eney then called for any additional comments, and there were none, so she requested a motion to close the public hearing. Page 205 of 215 Town Board June 5, 2024 Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, the Public Hearing was unanimously closed. Carried Moved by Councilmember King, seconded by Councilmember Nichinsky, the following Public Interest Order was approved: In the Matter PUBLIC INTEREST ORDER of The Increase and Improvement of the Facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the proposed increase and improvement of the facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, being the rehabilitation of the Park Lane Storage Tank #2 (Town share), including original furnishings, equipment, machinery, apparatus, appurtenances, and other improvements and expenses in connection therewith, at a maximum estimated cost of$392,500 and WHEREAS, at a meeting of said Town Board duly called and held on May 8, 2024, an Order was duly adopted by it and entered in the minutes specifying the said Town Board would meet to consider the increase and improvement of facilities of Water District No. 1 in said Town at a maximum estimated cost of$392,500, and to hear all persons interested in the subject thereof concerning the same at the Town Center, in Mamaroneck, New York, in said Town, on June 5, 2024, at 8:00 o'clock P.M., Prevailing Time;and WHEREAS, said Order duly certified by the Town Clerk was duly published and posted as required by law;and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the increase and improvement of the facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a garbage truck, including incidental equipment and expenses in connection therewith, at a maximum estimated cost of$392,500. Section 2. This Order shall take effect immediately. Carried Moved by Councilmember Nichinsky, seconded by Councilmember Nambiar, the following Bond Resolution was approved: A RESOLUTION AUTHORIZING THE ISSUANCE OF$22,552,700 BONDS OF THE Page 206 of 215 Town Board June 5, 2024 TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES Of Water District No. 1, IN THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK. WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with the provisions of Section 202-b of the Town Law, and more particularly an Order dated the date hereof, said Town Board has determined it to be in the public interest to improve the facilities of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, at a maximum estimated cost of$392,500;and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have a significant adverse impact on the environment NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the increase and improvement of Water District No. 1, in the Town of Mamaroneck, Westchester County, New York, being the replacement of the Rye Lake turbidity curtain and boom at the Westchester Joint Waterworks Rye Lake Plant (Town share), including original furnishings, equipment, machinery, apparatus, appurtenances, and other improvements and expenses in connection therewith as applicable, at a maximum estimated cost of$392,500, there are hereby authorized to be issued$392,500 bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $392,500, which specific object or purpose is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is by the issuance of the $392,500 bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is each 40 years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. To the extent not paid from monies raised from said Water District as applicable in the manner provided by law, there shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form, and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Page 207 of 215 Town Board June 5, 2024 Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Carried RESIDENT COMMENTS Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board, and residents Matthew Wrzesniewsky and Mallory O'Connell addressed the Town Board to share their concerns about safety and infrastructure issues on Bryson Street on which they live. They explained that Bryson Street serves as a key thoroughfare connecting North Chatsworth Avenue and Murray Avenue near Murray Avenue School. Bryson Street lacks curbing and sidewalks despite being heavily used by many pedestrians and schoolchildren. Mr. Wrzesniewsky, who is also a member of the Town of Mamaroneck Traffic Committee, described ongoing issues, including vehicles parking on their lawn, blocking their driveway, and making illegal turns onto Murray Avenue. He recounted a recent incident in which his wife was rear-ended in their driveway when a driver attempted a U-turn before executing an illegal left turn. Page 208 of 215 Town Board June 5, 2024 Following a discussion at the Traffic Committee meeting on April 18, Councilmember King encouraged Mr. Wrzesniewsky and Ms. O'Connell to bring the issue before the Town Board. Mr. Wrzesniewsky and Ms. O'Connell also presented a petition signed by Bryson Street residents in support of adding sidewalks and curbing to improve pedestrian safety. Mr. Wrzesniewsky highlighted that Bryson Street is scheduled for repaving and urged the Board to consider postponing that work until additional infrastructure improvements can be completed simultaneously for efficiency. They cited support from the Town's Engineering Department, which acknowledged the potential benefits of the proposed improvements but indicated that further feasibility and budget assessments were needed. Ms. O'Connell asked for guidance on the next steps and the expected timeline for deliberation, acknowledging that the process would take time but hoping for a reasonable path forward. Supervisor Elkind Eney responded that the Board would consider during their budget meetings at the end of the year, since there were capital expenditures tied to their proposal. BOARD OF FIRE COMMISSIONERS 1. Call to Order Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner King and seconded by Commissioner Nichinsky the Board of Fire Commissioners was unanimously declared open. Present were the following Members of the Commission: Commissioner: Jaine Elkind Eney Commissioner: Sabrina Fiddelman Commissioner: Jeffery L. King Commissioner: Robin Nichinsky Commissioner: Anant Nambiar 2. Fire Claims Moved by Commissioner King, seconded by Commissioner Nambiar, it was RESOLVED that the Board of Fire Commissioners hereby approves the attached list of fire claims in the amount of$22,071.32. Carried 3. Fire Report Commissioner King read the Fire Report for the Month of May 2024, as follows: ALARM TYPE NUMBER Generals 36 Minors 24 Stills 1 Out of Town (Mutual Aid) 0 EMS 41 Drills 6 TOTAL 108 Total number of personnel responding: 761 Total time working: 51 hours and 43 minutes. See Attachment B. 4. Other Fire Department Business There being no further business to come before the Fire Commission, on motion of Page 209 of 215 Town Board June 5, 2024 Commissioner Nichinsky, Seconded by Commissioner Nambiar, the Commission unanimously adjourned and the Town Board reconvened. AFFAIRS OF THE TOWN OF MAMARONECK 1. DEFERRED: Consideration of Approval - Housing Authority - Lease Amendment and Resolution This item was deferred for redrafting. 2. Consideration of Approval -Affordable Housing Agreement- Housing Action Council Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was RESOLVED that the Town Board hereby approves the agreement with Housing Action Council to qualify and certify individuals for affordable housing units for the Cambium Condominiums based on the proposal dated March 16, 2024, and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Carried 3. Consideration to Set a Public Hearing -"Supersession of Portions of Section 274-a(8) of the New York Town Law in the Town of Mamaroneck" Law and the "Update of the Procedures for Site Plan Review of Non-Residential Development" Attorney Maker explained that the Town Planning Board has proposed modifying their site plan review procedures to better align with their actual application process. The Planning Board has developed a protocol that better serves their needs and those of the public and the Planning Board seeks to ensure that the Town Code reflects this approach. A key part of the proposal involves adjusting the state-mandated 62-day review period for site plans during the summer months. Since meetings may not be held in both July and August due to both lighter agendas and members'travel, the Planning Board has requested that the Town Board supersede state law to extend the review period to 90 days under municipal home rule authority. To enact this change, Attorney Maker explained that the first step would be to pass a local law that overrides the state's timeline. Attorney Maker noted that the extended summer timeline would apply only to July and August, as issues with the existing timeframe do not arise during the rest of the year. Attorney Maker recommended setting both public hearings in June, voting on the superseding law immediately after the June public hearing, and then considering the site plan law revisions at the July meeting once state filing is confirmed. Moved by Councilmember Nichinsky, seconded by Councilmember King, it was RESOLVED that the Town Board does hereby set the date for both a Public Hearing on "Supersession of Portions of Section 274-a (8) of the New York Town Law in the Town of Mamaroneck"Law and the "Update of the Procedures for Site Plan Review of Non-Residential Development"for June 26, 2024. Carried 4. Consideration of Approval -2024 Capital Budget Amendments Comptroller Yogman presented two capital budget amendments related to water infrastructure. The first amendment pertains to the Shaft 22 Chlorination System, an ongoing project initiated three years ago. Additional invoices from Joint Waterworks have been received, Comptroller Yogman explained, requiring a budget adjustment to ensure continued payments. As the project progresses, further amendments will be necessary to cover additional expenses. Page 210 of 215 Town Board June 5, 2024 Comptroller Yogman stated that the second amendment concerns the Kenilworth Booster Pump Station Modification, a new project with a total cost of$160,000, of which the Town is responsible for 17.7% ($28,320). Funding for this project will come from the water operating budget's contingency fund, which is allocated for unexpected cost increases. Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was RESOLVED that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Carried 5. Review of Bid Results-TA-24-06 Parks Department and Sign Shop Facility Reconstruction Administrator Robson informed the Town Board that bids had been received for the reconstruction of the parks department and sign shop facility, aimed at bringing the building up to code and improving operational efficiency and sustainability. However, the lowest bid came in at$2,687,000, significantly exceeding the$1.7 million estimate. Robson explained that because the bids surpassed the expected cost, the Wicks Law would apply, requiring four separate prime contracts and increasing complexity and expenses. Due to these challenges, Administrator Robson recommended that the Board reject all bids, allowing time for value engineering to refine the project and reduce costs. The Board acknowledged that the matter had been discussed extensively during the work session with the Town Engineer and agreed with the recommendation. Further discussions on the overall project were anticipated, but for this meeting, the focus was on rejecting the bids due to their unexpectedly high cost. Moved by Councilmember Fiddelman, seconded by Councilmember Nichinsky, it was RESOLVED that the Town Board hereby rejects all five bid proposals submitted on April 11, 2024, and hereby authorizes the engineering department to rebid contract TA 2406 to incorporate measures for cost savings and to address requirements of Wick's Law. Carried 6. DEFERRED: Consideration of Approval - Easement Agreement Private Drain Connection -670 Forest Avenue This item was deferred for redrafting. 7. Consideration to Set a Public Hearing - Local Law Regarding Overnight Parking Moved by Councilmember Nambiar, seconded by Councilmember King, it was RESOLVED that the Town Board does hereby set the date for a Public Hearing for"Overnight Parking on Parkland Avenue and Edgewater Place"Law. Carried 8. Consideration of Approval -Standard Work Day and Reporting Resolution for Elected and Appointed Officials Moved by Councilmember King, seconded by Councilmember Fiddelman, it was Page 211 of 215 Town Board June 5, 2024 RESOLVED that the Town of Mamaroneck/30054-010 hereby establishes the following standard work days for these titles and will report the officials to the New York State and Local Retirement based on their record of activities after the requisite 30 day posting. Carried REPORTS OF THE COUNCIL Councilmember Nambiar • Attended his first parade, the Memorial Day parade, which was terrific. It was fun celebrating after at the Weaver Street Fire House. Councilmember Fiddelman • Thanked all the organizations that presented all of the solemn and fun Memorial Day observance. • Attended a Housing Authority meeting. • Attended a League of Women Voters candidate forum for candidates for Westchester County District Attorney. There are three candidates for consideration. Councilmember King • There is one more year left that I might march with my son. • The 21st is the first day of summer and schools are out in 3 weeks. Please drive safely, many kids are out walking, playing and riding bikes. • Our first movie in the park is next Friday, June 14th, followed by the next movie on July 12th, and ending after labor day on Friday, September 6th. These three movies in the park with popcorn can be enjoyed by the whole family. Bring a blanket or a chair. • The Town offers music and barbecue in Memorial Park on Mondays at 6pm on July 8th, 15th, 22nd and 29th. Councilmember Nichinsky • Missed the Memorial Day parade in Larchmont, but attended the parade on Mamaroneck Avenue. It is always very sobering to hear the veterans' stories and to honor those that served and those that gave their lives. • Celebrated her husbands' birthday last week. 9. (OUT OF ORDER) Town Board Meetings—Date Changes/Additions Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was RESOLVED that the Town Board sets the dates for their summer meetings on July 17 and August 14, 2024, and that the Town Board meeting on October 1, 2024, is moved to Monday, September 30, 2024. Carried TOWN CLERK'S REPORT The Primary Election kicks off here at the Town Center on June 15th, with 9 days of early voting. Anyone that lives in Westchester County can come to vote at the Town Center during early voting. Please visit our website to check dates and times. Primary Election Day is June 25th from 6am to 9pm. On the 25th you will vote at your regular polling place, or that listed on your election notice. Lastly, for our residents of the Unincorporated Town only, we have a Fire District Special Election on June 18th at the Weaver Street Firehouse. Come out to vote between 3pm and Page 212 of 215 Town Board June 5, 2024 9pm and support our Weaver Street Fire Station. TOWN ATTORNEY'S REPORT On this day, 80 years ago, at 3:40 AM, the D-Day Normandy invasion began, marking a pivotal turn in World War II as Allied forces launched their assault against Adolf Hitler's regime. This momentous event shaped the course of history and restored hope and sanity to a war-torn world. Today, we honor and express our profound gratitude to the brave individuals who made this possible. Their courage and sacrifice are forever etched in our hearts, and we remain thankful for the freedoms and peace they fought to secure for future generations. ADJOURNMENT On motion of Councilmember Nambiar, seconded by Councilmember King, the meeting was unanimously adjourned at 9:45 p.m. Carried REGULARLY SCHEDULED MEETING -June 26, 2024 Respectfully submitted by Allison May, Town Clerk Page 213 of 215 o1 471 Town of Mamaroneck Town Board Minutes Monday, December 30, 2024, Conference Room A, t n Second Floor of Town Center 6:30 PM FOUNDED 1661 PRESENT: Jaine Elkind Eney, Town Supervisor Sabrina Fiddelman, Councilwoman Jeffery L. King, Councilman Robin Nichinsky, Councilwoman Anant Nambiar, Councilman ABSENT: ALSO PRESENT: Allison May, Town Clerk Meredith S. Robson, Town Administrator William Maker Jr., Town Attorney 6:30 PM SPECIAL MEETING OF THE TOWN BOARD CALL TO ORDER The Special Meeting of the Town Board was called to order by Town Supervisor Elkind Eney. Moved by Councilmember King, seconded by Councilmember Nambiar the meeting opened at 6:31 pm. 1. Temporary Parking Permitting Town Supervisor Jaine Elkind Eney introduced the reason for the meeting explaining this issue involving five individuals who had been holding resident parking permits in Lot A but were recently identified as non-residents within our new permitting system. The Supervisor noted that while the Town Board deliberates on a course of action, the immediate concern was the need to provide temporary parking permits. Several options were discussed, including relocating the individuals to Lot B, which has available spaces, or allowing them to continue parking in Lot A for a limited time. Councilmembers debated how long the temporary accommodation should last, with suggestions ranging from four months to six months or until permanent policy changes could take effect. It was emphasized that any decision should not negatively impact current residents. The discussion also considered the precedent set by these individuals; some having paid for their parking permits with the Town for over 31 years. Given some of the parkers' long history with the Town, the Board unanimously felt it was reasonable to offer short-term accommodation while the Town determines a final resolution. The Board acknowledged that upcoming changes could generate additional revenue, making it important to balance fairness for affected individuals with fiscal planning. Ultimately, the group leaned toward maintaining the status quo for a temporary period, ensuring that no immediate disruptions occur while comprehensive parking policy adjustments are finalized. Page 214 of 215 Town Board December 30, 2024 Moved by Councilmember Nichinsky, seconded by Councilmember Nambiar, it was RESOLVED that the Town Clerk is authorized to grant six-month parking permits in Lot A to non-residents holding 2024 resident parking permits, at a fee of$450. This authorization shall remain in effect until the adoption of the new Local Law governing non-resident parking permits, or until the six-month period expires, whichever occurs first. Carried 2. Request for Executive Session Moved by Councilmember King, seconded by Councilmember Nambiar, the Town Board agreed to enter into Executive Session to discuss the proposed acquisition,sale, or lease of real property. Carried Moved by Councilmember Nichinsky, seconded by Councilmember Fiddelman, the Town Board unanimously agreed to adjourn the meeting at 7:25 p.m. Carried REGULARLY SCHEDULED MEETING -January 8, 2025 Respectfully submitted by Allison May, Town Clerk Page 215 of 215