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2025_12_03 Town Board Meeting Packet
w 11) rri H FOUNDED 1661 Town of Mamaroneck Town Board Agenda Wednesday, December 3, 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 Conference Room A located on the Second Floor at the Town Center. WORK SESSION ITEMS 1. Discussion - Appeal of Crosswalk Request— Old White Plains Road 3 - 8 Appeal of Crosswalk Request—Old White Plains Road - Pdf 2. Discussion - Architectural/Engineering Consultant Agreement - PIN 8763.38 - 9 - 86 Colonial Avenue Pedestrian Improvements Architectural/Engineering Consultant Agreement - PIN 8763.38 - Colonial Avenue Pedestrian Improvements - Pdf 3. Request for Executive Session 4. Updates 5. Changes to Regular Meeting Agenda 8:00 PM TOWN BOARD REGULAR MEETING The Town Board meeting will convene in the Courtroom Located on the second floor of the Town Center. The public may also view the meeting on local Page 1 of 229 municipal access television — now on Optimum 75/76/77 or Verizon Fios 34/35/36 -- or on LMC Media's website at LMCMedia.org CALL TO ORDER SUPERVISOR'S REPORT PUBLIC HEARING(S) 1. Public Hearing - "Temporary Suspension of Chapter 99 of the Code of 87 - 88 the Town of Mamaroneck" Law 2025-10-17 Temporary Suspension of Chapter 99 2025-12-03 PH Tempory Suspension Chapter 99 2. Public Hearing - 2026 Preliminary Budget 89 - 111 2025-12-03 PH Preliminary 2026 Budget 2026 PRELIMINARY BUDGET PRSENTATION 3. Public Hearing - "Local Law Authorizing a Property Tax Levy in Excess 112 - 113 of the Limit Established in General Municipal Law §3-c" Page 1 of 204 2025-12-03 PH Tax Levy 2026 Tax Levy 202511201220219282 4. Public Hearing - 2026 Sewer Rent Rate 114 - 123 2025-12-3 PH Sewer Rent Law Sewer rate memo and presentation (PDF) RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire Claims 124 - 126 Fire Claims - Pdf 3. Fire Report 4. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration of- Architectural/Engineering Consultant Agreement - PIN 127 - 204 8763.38 - Colonial Avenue Pedestrian Improvements Architectural/Engineering Consultant Agreement - PIN 8763.38 - Colonial Avenue Pedestrian Improvements - Pdf REPORTS OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT REGULARLY SCHEDULED MEETING - December 17, 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 2 of 204 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: Discussion - Appeal of Crosswalk Request—Old White Plains Road Date: December 3, 2025 A resident has submitted an "appeal" regarding the denial by the Traffic Committee to recommend a crosswalk installation on Old White Plains Road. While there is no formal appeal process, the next logical step would be to ask the Town Board to review the request. On various occasions, the Traffic Committee has heard from residents requesting crosswalks and voicing concerns over speeding on Old White Plains Rd. The Town Engineer's office has previously reviewed the requests, as has the Police Department. Attached are some background memos on the request. When previously reviewed and discussed with the Traffic Committee, staff and Committee members expressed concern that installing a crosswalk on this road could potentially give the public a false sense of security and create even greater safety concerns. Police speed analysis showed an average vehicle speed of 34 MPH and additional enforcement efforts have been implemented to the greatest extent possible. The issues along this road have previously been discussed by the Traffic Committee and requested actions have not been supported by staff or Committee members. Action Requested: For discussion purposes, only, at this time. Attachment/s: Traffic Item for Town Board Eng Memo Crosswalk Old White Plains Road_02162023 OWP and Well House-Fairway Memo OWP and Griffen Page 3 of 204 From: Margaret Delohery To: Meredith Robson;Christine Canavan Cc: Marc Romero Subject: Traffic Item for Town Board Date: Tuesday,November 25,2025 4:21:57 PM Attachments: Eng Memo Crosswalk Old White Plains Road 02162023.pdf image002.pna Hi, The Traffic Committee discussed the installation of a crosswalk along Old White Plains Road in 2023. Attached is the memo that Rob prepared and below is from the minutes: New Business: 1. Request for a crosswalk on Old White Plains Road near Carriage House Lane Chair Block commented that Rob Wasp, Town Engineer does not recommend the installation of a crosswalk in the area. The resident said she would like some resolution because the area is heavily trafficked. She said there is over a mile and a half where the road does not have signage and explained that traffic is dense and there are two bends in Old White Rains Road; which causes visibility to be low_ Ms. Larsen commented that Old White Plains Road is not for pedestrians. The resident and Lt. Maher discussed different roads in the area. Chair Block said that a crosswalk cannot be installed because there are bends in the road. Mr. Wrzesniewsky and Mr. Blaufarb discussed possible signage. Chair Block said the best practice is for a parent to wait for traffic with their child and then cross. The resident said she has to constantly wait for cars to pass for her to cross. Another resident commented that there has been a large increase of traffic over the past 20 years. Lt. Maher reviewed his data with the Traffic Committee and said that he used the police box, so his findings were unbiased. Mr. Wrzesniewsky discussed using visuals to have people slow down and discussed slow clown techniques the Traffic Committee learn at the October training meeting. Ms. Larsen reiterated her stance that some roads in the Town are not meant for pedestrians. Ms. Robson said further review of the area may be completed by staff, as the first review only focused on the installation of a crosswalk. The Traffic Committee and Lt_ Maher discussed the speed limits of the Village of Larchmont and the Village of Mamaroneck. Old White Plains was discussed at the September 2025 Traffic Committee meeting,where speeding on the road was discussed,not crosswalks. Thanks, Margaret Delohery Administrative Assistant to the Town Administrator Town of Mamaroneck 740 West Boston Post Road Mamaroneck, NY 10543 (914) 381-7806 Mdelohery@TownofMamaroneckNY.gov Page 4 of 204 ft Sign up for Town alerts and notifications! CLICK HERE Page 5 of 204 _ S Town of Mamaroneck TEL:914/381-7835 r �A� Engineering Department, Town Center FAX:914/381-8473 rn 740 West Boston Post Road, Mamaroneck, NY 10543-3353 _ 0 ~ Robert P. Wasp, P.E., C.D.T. rwasp@townofmamaroneckNY.org FOUNDED 1661 Town Engineer INTERDEPARTMENT MEMORANDUM DATE: February 16, 2023 TO: Meredith Robson, Town Administrator CC: Connie Green O'Donnell, Deputy Town Administrator FROM: Robert Wasp, P.E., Town Engineer SUBJECT: Review of Crosswalk Request Old White Plains Road Near Carriage House Lane GENERAL: Request for construction of a new crosswalk on Old White Plains Road near the intersection with Carriage House Lane has been reviewed by the Engineering Department. No sidewalks currently exist on Old White Plains Road or the nearest intersecting roadways of Carriage House Lane and Prince Willow Lane. Engineering design guidance encourages the placement of crosswalks within developed or developing areas as a means to provide safe crossing for pedestrians where demand exists. There are no absolute criteria for consideration in determining where a crosswalk is needed. Professional judgement and review of site specific conditions are instead used to determine feasibility. The Engineering Department is not aware of any existing demand for pedestrian facilities in this section of Town. The neighborhood surrounding Old White Plains Road consists of single- family residential homes that are not in proximity to public-transit facilities or commercial/retail shopping centers where pedestrian traffic is expected.. The lack of sidewalks on Old White Plains Road and the adjoining roadways impedes the Town's ability to connect a new crosswalk to an established accessible route. Vehicle speed data collected by the Town Police Department on Old White Plains Road was provided to the Engineering Department for consideration. The average measured vehicle speed of 34 mph raises concern for adequate site distance and advance warning for a crosswalk that impedes feasibility for the requested crosswalk location. Based upon the above considerations, The Engineering Department does not recommend installation of a new crosswalk at the referenced location. Please feel free to contact me with any questions. Page 6 of 204 TO: Meredith Robson,Town Administrator FROM: Lieutenant Thomas Hollywood RE: Request for crosswalk: Old White Plains Rd at intersection with Well House Ln/Fairway Dr. DATE: October 21, 2025 I have reviewed Mr. Gurny's request for a crosswalk at the intersection of Old White Plains Rd, Well House Ln, and Fairway Dr. After careful consideration, I recommend that the traffic committee decline the request. The following details were factors in my determination: • Old White Plains Road is a major throughfare with high volumes of traffic and limited sight distance due to the grade of the roadway. • There are no sidewalks or pedestrian ramps for a crosswalk to join. Additionally,the intersecting roads of Well House Lane and Fairway Drive are offset from each other and do not meet at a 90- degree angle. • Placement of a crosswalk on a high-traffic roadway without a traffic control device would not increase pedestrian safety. • There is no history of observed pedestrian traffic issues in that area, including during times of heavy traffic. Submitted for your information and review. Page 7 of 204 TO: Meredith Robson,Town Administrator FROM: Lieutenant Thomas Hollywood RE: Traffic Request-Signal/Signage-Old White Plains Rd and Griffen Ave DATE: October 17, 2023 I have reviewed the resident request for pedestrian safety signal/signage at the intersection of Old White Plains Rd. and Griffen Ave. After careful consideration, it is my recommendation to the traffic committee to decline the request for an added signal/signage at the above-mentioned location. The following details were factors in my determination: • The intersection at Griffin Ave and Old White Plains Rd is half in the Town and half in the village of Scarsdale. All the areas mentioned (Wienberg Nature Pavilion, Scarsdale Rec Pool, Saxon Woods) in addition to the sidewalks are within the jurisdiction of the village of Scarsdale. • Reviewing a 3-year history of motor vehicle accidents in that area revealed one reported accident to this department. One accident was a single car accident with no injuries, no pedestrian involvement in 2021. • There is no history of observed pedestrian traffic issues in that area, including during times of heavy traffic. Bicycle traffic traversing the area should be abiding by the rules of the road set forth in the NYS VTL. Submitted for your information and review. Page 8 of 204 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: Carol Murray, Civil Engineer Robert P. Wasp, Town Engineer Re: Architectural/Engineering Consultant Agreement - PIN 8763.38 - Colonial Avenue Pedestrian Improvements Date: December 3, 2025 Attached please find a memo from Deputy Town Engineer, Carol Murray, recommending contract award to Barton & Loguidice, D.P.C. for professional engineering consultant services to implement the design phase of Colonial Avenue Pedestrian Improvements project. Design tasks performed under this contract will be 80% reimbursable through a TAP grant recently awarded to the Town. Consultant services are recommended for this phase of the project to ensure compliance with Federal and State requirements and maintain the project's grant eligibility. Action Requested: Resolved that the Town Board hereby authorizes the agreement with Barton & Loguidice, D.P.C. as presented, in accordance with the requirements of the NYSDOT TAP grant, and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Memo_Rec. Consultant Auth_11.25.2025 PIN 8763.38 - Town of Mamaroneck- Colonial Avenue Agreement Page 9 of 204 0 Its S�$ Mamaroneck TEL:914/381 7835 m E � .nt, Town Center FAX:914/381-8473 74( _0 .`" Z Road, Mamaroneck, NY 10543-3353 o 'FOUNDED 1661 ' , P.E., C.D.T. rwasp@townofmamaroneckNY.org Town Engineer INTERDEPARTMENT MEMORANDUM DATE: November 25, 2025 TO: Meredith Robson, Town Administrator CC: Tracy Yogman, Town Comptroller FROM: Carol Murray, P.E., Deputy Town Engineer SUBJECT: Recommendation of Consultant Selection& Authorization of Agreement PIN 8763.38—Colonial Avenue Pedestrian Improvements Project GENERAL: The Colonial Avenue Pedestrian Improvements Project proposes installation of new sidewalk along Colonial Avenue between the intersections of Weaver Street and Daymon Terrace in the Town of Mamaroneck. The project will connect two existing segments in the sidewalk network in close proximity to Murray Avenue School. The full scope of work includes new curbing, ADA-compliant curb ramps, and roadway drainage improvements. Funding for this project was received in the form of a 2023 Transportation Alternatives Program (TAP) grant award. TAP funds are made available through the Federal Highway Administration and are administered by the New York State Department of Transportation (NYSDOT). The grant award provides 80%reimbursement of eligible project expenses - $1,224,480 of an estimated total project cost of$1,531,000. Authorization to proceed to design phase was received from the NYSDOT Local Projects Unit in March of this year. Subsequently, 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. Three (3)responses were received 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,knowledge of federal and state requirements, and experience with the NYSDOT TAP program. The proposal from Barton& Loguidice was determined to be most qualified based upon our rankings and previous experience working with the Town on various local transportation projects. The provided contract proposal includes professional engineering consultant services for the Preliminary Design, Final Design, Right-of-Way Acquisition and Incidentals phases in accordance with Federal and NYSDOT Local Projects requirements. The contract fee total is $282,540.00, of which $226,032.00 is anticipated to be eligible for reimbursement through TAP funding. Available budget in Town Capital Project H5199 is sufficient to authorize the recommended contract award. Please feel free to contact me with any questions. Page 10 of 204 Architectural/ Engineering Consultant Agreement PIN (s) 8763.38 Municipal Contract No. Agreement made this day of , by and between TOWN OF MAMARONECK (municipal corporation) Having its principal office at 740 West Boston Post Road Mamaroneck, New York 10543 (to be known throughout this document as the "Sponsor") and BARTON & LOGUIDICE, D.P.C. with its office at 10 Airline Drive, Suite 200, Albany, New York 12205 (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 Colonial Avenue Pedestrian Improvements (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, the Town Administrator, Meredith S. Robson, 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 ■ Attachment"B"—Scope of Services; "Architectural/Engineering Consultant Agreement"; ■ Attachment "C" - as applicable, Staffing Rates, Hours, Reimbursables and Fee. ■ Attachment"A"- Project Description and Funding; 1 Page 11 of 204 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 on 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. (Continued next page) 2 Page 12 of 204 • 3.1 Cost Plus Fixed Fee Method ITEM DESCRIPTION OF ITEMS WITHIN METHOD APPLICABLE RATE/AMOUNT INTERIM PAYMENTS OR PERCENTAGE Item I • Actual cost incurred in the • The CONSULTANT • Actual Direct Technical Salaries, regular time plus straight time portion of performance of this contract as shall be paid in overtime compensation of all employees assigned to this PROJECT on a full-time identified in Attachment C or (fill in timeframe) basis for all or part of the term of this Contract, plus properly allocable partial otherwise approved in writing by progress payments based salaries of all persons working part-time on this PROJECT. the Sponsor or its on the maximum salary representative. rates and allowable costs • The cost of Principals', Officers'and Professional Staffs'salaries(productive incurred during the period time) included in Direct Technical Salaries is eligible for reimbursement if their • Not to exceed the maximum as established in comparable time is also charged directly to all other projects in the same manner. allowable hourly rates of pay Attachment C. Otherwise, Principals' salaries are only eligible as an overhead cost, subject to described in Attachment C of the current limitations,generally established therefore by the Sponsor. • this Contract,all subject to audit. • Bills are subject to approval of the Sponsor • If,within the term of this Contract,any direct salary rates are paid in excess ■ Actual overtime premium and Sponsor's of the maximums shown in Attachment A,the excess amount shall be borne by portion of Direct Technical Representative. the CONSULTANT WITHOUT REIMBURSEMENT either as a direct cost or as Salaries,all subject to audit and part of the overhead allowance prior approval by the Sponsor. Item II Actual Direct Non-Salary Project-related Costs incurred in fulfilling the terms of All reimbursement for travel, this Contract;all subject to audit. meals and lodging shall be made at actual cost paid but such reimbursement shall not exceed the per diem rates established by the NY State Comptroller.All reimbursement shall not exceed the prevailing wage rates established by the NYS Department of Labor. Item III Items required to be purchased for this Project not otherwise encompassed in Salvage value Direct Non-salary Project-related Costs, which become the property of the Sponsor at the completion of the work or at the option of the Sponsor. 3 CD w 0 N • 3.1 Cost Plus Fixed Fee Method ITEM DESCRIPTION OF ITEMS WITHIN METHOD APPLICABLE RATE/AMOUNT INTERIM PAYMENTS OR PERCENTAGE Item IV • Overhead Allowance based on actual allowable expenses incurred during the • The overhead allowance shall term of this Contract,subject to audit. Submitted overhead amounts will be be established as a audited based upon the Federal Acquisition Regulations (FAR), sub-part 1- percentage of Item IA only 31.2 as modified by sub-part 1-31.105,and applicable policies and guidelines (Actual Direct Technical of the Sponsor, NYSDOT and FHWA. Salaries)of this ARTICLE,and shall be a FAR compliant rate • For the purpose of this Contract, an accounting period shall be the initially established as 171%, CONSULTANT's fiscal year. An audit of the accounting records of the in all events not to exceed CONSULTANT shall be made by the Sponsor for each accounting period. For 195/°,subject to audit. monthly billing purposes, the latest available overhead percentage established by such audit shall be applied to the charges made, under Item IA of this subdivision to determine the charge to be made under this Item. Item V • Negotiated Lump Sum Fixed Fee. • A negotiated Lump Sum Fee which in this CONTRACT shall equal$29,100. • Payment of the Fixed Fee for the described scope of services is not subject to pre-audit and is not subject to review or modification based on cost information or unless this Contract is formally amended or supplemented by reason of a substantial change in the scope, complexity or character of the work to be performed. Item VI The Maximum Amount Payable under this Contract including Fixed Fees unless Maximum Amount Payable this contract is formally amended or supplemented by reason of a substantial under this Method shall be change in the scope,complexity or character of the work to be performed. $282,540.00. v 4 CD 0 N 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. II. Records of Direct Non-Salary Costs; III. Copies of any subcontracts relating to said contract; IV. Location where records may be examined; and V. 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. 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 5 Page 15 of 204 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 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. 6 Page 16 of 204 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, 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 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. 7 Page 17 of 204 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 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 8 Page 18 of 204 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 26.291)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. 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. 1 http://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&s id=936406b 1 c92895795069232a53fb 110f&rg n=d iv8&view=text&node=49:1.0.1.1.20.2.18.5& idno=49 9 Page 19 of 204 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. 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 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. 10 Page 20 of 204 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) 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. 11 Page 21 of 204 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 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. MUNICIPAL ADVISOR SERVICES ARE EXCLUDED. The services to be provided by CONSULTANT under this Contract do not include advice or recommendations with respect to the issuance, structure, timing, terms or any other aspect of municipal securities, municipal derivatives, guaranteed investment contracts or investment strategies. Any opinions, advice, information or recommendations provided by CONSULTANT are understood by the parties to this Contract to be strictly engineering opinions, advice, information or recommendations. CONSULTANT is not a "municipal advisor" as defined by 15 U.S.C. 780-4 or the related rules of the Securities and Exchange Commission. The other parties to this Contract should determine independently whether they require the services of a municipal advisor. ARTICLE 32. CLAIMS AND DISPUTES. 32.1 General 32.1.1 The Sponsor and CONSULTANT shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Sponsor and CONSULTANT waive all claims and causes of action not commenced in accordance with this Section 32.1.1. 12 Page 22 of 204 32.1.2 To the extent damages are covered by property insurance, the Sponsor and CONSULTANT waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance. The Sponsor or the CONSULTANT, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. 32.1.3 The CONSULTANT and Sponsor waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement. 32.1.4 To the fullest extent permitted by law, CONSULTANT shall indemnify Sponsor, its officers, employees, agents, board members, committee members and volunteers from to the extent caused by the negligent acts of CONSULTANT's employees. The Sponsor shall indemnify CONSULTANT and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorney's fees arising out of or resulting from (i) negligent acts and omissions of Sponsor's employees and their agents; or(ii) breach of any of Sponsor's obligations under this Agreement. 32.2 Dispute Resolution 32.2.1 The parties agree to resolve all claims, disputes or controversies in relation to the interpretation, application or enforcement of this Agreement initially pursuant to informal negotiations. If the parties are unable to resolve their dispute within sixty (60) days, the parties thereafter agree to resolve any dispute pursuant to litigation in the Supreme Court, Westchester County, New York. 13 Page 23 of 204 IN WITNESS WHEREOF, the parties have duly executed this Contract effective the day and year first above written. Reference: Sponsor Contract# Sponsor (Town of Mamaroneck) Consultant (Barton & Loguidice, D.P.C.) by: by: :::?7_4„.....,,,, C&-.e-a Date: Date: IC5/3 f/& STATE OF NEW YORK ss: COUNTY OF 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. STATE OF NEW YORK �� ss: COUNTY OF On this a t S day of ,,0,a5 before me, -Thhr1r1CCN 0.`50.4 r personally appeared to me known,who, being by me duly sworn, did depose and say; that he resides in the-MuO r . Of C ( r'il .Q . , New York; that he is the a-11)6r Q�5bc.{ de of Barton & Loguidice, D,P.C., the corporation described in and which executed the foregoing instrument; that he is the authorized with the execution of the matter herein provided for, and that he signed and acknowledged the said instrument in his/her position as a duly authorized representative of Sponsor. . 1 TAMMY M.SAVINO Notary Public, axrQ +t County, N.Y. NOTARY PUBLIC,STATE OF NEW YORK Registration No.015A6228863 Qualified in&weave County 14 Ste.27,_24gg Page 24 of 204 Attachment A Architectural/ Engineering Consultant Contract Project Description and Funding PIN: 8763.38 Term of Agreement Ends: 12/31/2027 BIN: N/A ■Main Agreement ❑Amendment to Contract ❑Supplement to Contract Phase of Project Consultant to work on: ■P.E./Design ■ROW Incidentals ■ROW Acquisition ❑Construction, C/I, & C/S Dates or term of Consultant Performance: Start Date: November 1, 2025 Finish Date: December 31, 2027 PROJECT DESCRIPTION: Engineering services will be provided for Preliminary and Final Design, Right-of-Way Incidental and Acquisition Services, to complete all phases of design through PS&E in accordance with all NYSDOT requirements for the proposed Colonial Avenue Pedestrian Improvements (PIN 8763.38). Construction Support and Inspection will be added as a supplemental agreement. The project is along Colonial Avenue, between Murray Avenue and Weaver Street (State Route 125). Proposed work involves the design and construction of 5 ft. wide ADA compliant concrete sidewalk along the north side of Colonial Avenue, curbing, crosswalks, ADA compliant curb ramps, and drainage structures. Additional work may include potential retaining wall modifications and/or landscaping. Project Location: Town of Mamaroneck, Westchester County, New York 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: $282,540 Footnotes: None 15 Page 25 of 204 ATTACHMENT B Architectural/ Engineering Consultant Contract Scope of Services or Task List Page 26 of 204 Task List Town of Mamaroneck Attachment B November 2025 EXECUTIVE SUMMARY PIN 8763.38 Colonial Avenue Pedestrian Improvements Town of Mamaroneck Westchester County, New York This Locally Administered Federal Aid NYSDOT Transportation Alternatives Program (TAP) project will include Preliminary and Final Design, and Right-of-Way Incidental and Acquisition Services to complete all phases of design through PS&E in accordance with Town and NYSDOT requirements for the proposed Colonial Avenue Pedestrian Improvements (PIN 8763.38). The project is along Colonial Avenue, between Murray Avenue and Weaver Street (State Route 125). Proposed work involves the design and construction of 5 ft. wide ADA compliant concrete sidewalk along the north side of Colonial Avenue, curbing, crosswalks, ADA compliant curb ramps, and drainage structures. Additional work may include potential retaining wall modifications and landscaping. The project has received Federal TAP Large Urban funding and is 80% federally reimbursable. The estimated cost of the project is $ 1,200,000 ($960,000 Federal Share) and a $240,000 local share from the Town. The project does not include Marchiselli Program funding. The Consultant shall provide Preliminary and Final Design services as outlined in Sections 1 through 7 of the project scope. Design services will also include, but are not limited to, ground survey, mapping, environmental screenings, preparation of the design approval document, NEPA and SEQR documents, conducting a public informational meeting, assisting the Town in obtaining Design Approval and Final design (the development and submission of contract plans, specifications and estimate). The Consultant shall provide Construction Management, Administration, Support, and Inspection services as part of a supplemental agreement. The project is assumed to be an Automatic Categorical Exclusion Class 2 (C List) under NEPA and an Unlisted Action under SEQRA. It is anticipated that the lead agency for SEQRA will be the Town of Mamaroneck and the Lead Agency for NEPA will be the NYSDOT / Federal Highway Administration (FHWA). The anticipated Letting date for this project is June 2027 with construction completion in November 2027. Page 27 of 204 Section 1 - General 1.01 Project Description and Location This project is known as: Colonial Avenue Pedestrian Improvements PIN: 8763.38 Project Description: The project involves the design and construction of 5 ft. wide ADA compliant concrete sidewalk along the north side of Colonial Avenue, curbing, crosswalks, ADA compliant curb ramps, and drainage structures. Additional work may include potential retaining wall modifications and/or landscaping. Project Limits: The project is along Colonial Avenue, between Murray Avenue and Weaver Street (State Route 125) for approximately 1,450 ft. Town: Mamaroneck County: Westchester All work performed by the Consultant at the Consultant's initiative must be within the current project limits specified above. 1.02 Contract Administrator The Sponsor's Contract Administrator for this project is Mr. Robert P. Wasp, P.E., C.D.T., Town Engineer who can be reached at (914) 381-7835, RWasp@townofmamaroneckny.gov. All correspondence to the Sponsor should be addressed to: Mr. Robert P. Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 The Contract Administrator should receive copies of all project correspondence directed other than to the Sponsor. Page 28 of 204 1.03 Project Classification This project is assumed to be a NEPA C List Automatic Categorical Exclusion under USDOT Regulations, 23 CFR 771 . 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 an Unlisted Action with the Sponsor as the lead agency. 1.04 Categorization of Work Project work is generally divided into the following sections: 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 (Added by supplemental agreement) Section 9 Construction Inspection (Added by supplemental agreement) 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, 6, 7, and 10. 1.05 Project Familiarization The Sponsor will provide the Consultant with the following information upon availability: • Transportation needs, • Plans for future related transportation improvements or development in the area of the project, • Record as-built plans (drainage plans), • Pavement history, • Anticipated Sponsor permits and approvals (initial determination), • Deed documents (metes and bounds) for survey mapping, and • Other relevant documents pertaining to the project. Page 29 of 204 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 Contract Administrator. Meetings may be held to: • Present, discuss, and receive direction on the progress and scheduling of work in this agreement, • 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, • Preview visual aids for public meetings, • Stakeholder and Steering Committee meetings, • Manage subconsultants and subcontractors, and • Progress meetings with Contractors, Consultants, & Sponsor. The Consultant will be responsible for the preparation of all meeting minutes; the minutes will be submitted to meeting attendees within ten (10) days of the meeting date. 1.07 Cost and Progress Reporting For the duration of this agreement, the Consultant will prepare and submit to the Sponsor and NYSDOT on a monthly basis a Progress Report in a format approved by the Sponsor. The Progress Report must contain the "Progress Report Summary Sheet" (Appendix 6-H of the "Locally Administered Federal Aid Procedures Manual"). 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. 1.08 Policy and Procedures The design of this project will be progressed in accordance with the current version of the "Locally Administered Federal Aid Procedures Manual," and appropriate sections of the Federal Aid Policy Guide (FAPG) including latest updates. A. Compliance with Documents All work must conform to current versions of the following documents, as applicable. Where necessary, the Consultant will obtain either the full document or guidance extracted from it. Page 30 of 204 • Locally Administered Federal Aid Procedures Manual, including latest updates • A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO) • A Policy on Design Standards — Interstate System, AASHTO • Highway Capacity Manual, Special Report 209, Transportation Research Board • NYS Eminent Domain Procedure Law • ADA Accessibility Guidelines for Buildings and Facilities • AASHTO Standard Specifications for Highways and Bridges • Guide Specifications for Strength Evaluation of Existing Steel and Concrete Bridges, AASHTO • AASHTO Model Drainage Manual & NYSDOT Model Drainage Manual • AASHTO Guide for the Design of Bicycle Facilities • NYSDOT Scoping Procedures Manual, Appendix D (Design Traffic Forecast Policy) • NYSDOT Highway Design Manual • National Manual of Uniform Traffic Control Devices • New York State Supplement to the National Manual of Uniform Traffic Control Devices • NYSDOT Environmental Procedures Manual B. Compliance with Environmental Laws, Regulations and Permits All work must comply with the requirements of all applicable state and federal environmental laws, regulations and policy. Applicable laws, regulations, and policies are specified in Appendix A of the NYSDOT Design Procedures Manual. 1.09 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. The project will also be designed utilizing Town specifications and/or design details as applicable. 1.10 Subconsultants The Consultant will be responsible for: • Coordinating and scheduling work, including work to be performed by subconsultants. Page 31 of 204 • Technical compatibility of a Subconsultant's work with the prime Consultant's and other subconsultants' work. 1.11 Subcontractors Procurement of subcontractors must be in accordance with the requirements set forth in the "Locally Administered Federal Aid Procedures Manual", or as specified below: A. For Subcontracts to this consultant contract exceeding $20,000 ($10,000 for printing contracts): 1. The Consultant will prepare a contract document describing the work, schedule, and method of payment in sufficient detail for obtaining sealed bids for the work. The Consultant will provide the work description and will submit to the Sponsor for review. The Consultant will solicit sealed bids from a sufficient number of prospective qualified subcontractors to ensure that at least three (3) bids are received. Upon receipt of at least three bids, the Consultant will submit all bids to the Sponsor along with a recommended choice. The Sponsor will either concur with the recommendation or accept one of the other bids. The Sponsor will then advise the Consultant in writing to proceed. 2. Upon receipt of written authorization from the Sponsor to proceed, the Consultant will execute the contract with the subcontractor and oversee the subcontractor's operations/services to the extent of assuring that the work is performed as described in the contract and that the work performed conforms to applicable requirements. B. For subcontracts to this consultant contract equaling or under $20,000 ($10,000 for printing contracts): 1 . The Consultant will prepare a contract document describing the work, schedule, and method of payment in sufficient detail for obtaining reliable quotations (non-binding estimates) for the work. The Consultant will provide the work description and will submit it to the Sponsor for review. The Consultant will modify the work description as necessary before including it in the contract document. 2. The Consultant will obtain quotations from a sufficient number of prospective qualified subcontractors (typically three) to ensure that the work will be performed in the most economical manner. The Consultant will maintain and keep for review records of the quote solicitation process to document competition for the service. Upon receipt of quotations, the Page 32 of 204 Consultant will submit them to the Sponsor along with the recommended choice. The Sponsor will either concur or choose one of the other candidate subcontractors and advise the Consultant to proceed. 3. Upon receipt of written authorization from the Sponsor to proceed, the Consultant will execute the contract with the subcontractor and oversee the subcontractor's operations/services to the extent of assuring that the work is performed as described in the contract and that the work performed conforms to the applicable requirements. Page 33 of 204 Section 2 - Data Collection & Analysis 2.01 Design Survey Project will conform to the following: Planimetric, topographic, and detail subsurface Survey will locate and verify prominent features and terrain within the expected project work area and will be obtained by the Consultant in order to perform the design and develop construction documents. A. Ground Survey The Surveyor will provide terrain data as required for design by means of a topographic field survey based on design requirements. Planimetric and Topographic Survey will locate and verify all prominent features and terrain within the expected project work area. English units of measurement are required; all deliverables will be provided in these units Survey and mapping shall include at a minimum the following information: • Pavement edge, road center line, curb, gutter, pavement markings and stripes o Bottom face of curb, top face of curb, back of curb • Utility poles and pole numbers • Overhead and underground utilities (Surveyor to contact Dig Safe and obtain record drawings to map existing underground infrastructure) o Overhead utility lines and connections o Surface evidence of underground utility systems including valves, meters, release valves, manholes, inlet grates, shutoffs, etc. o Where underground utility surface features are located, the underground feature itself shall be shown and labelled (i.e. the storm/sanitary pipe between located manholes shall have the size, material, rim and invert elevations labeled and show the connection between manholes.) • Hydrants • Trees and shrubs (approximate diameter and common species) and brush or forest edge line. • Fences, retaining walls, staircases. o Bottom face of wall, top face of wall, top back of wall Page 34 of 204 o Bottom face of step, top face of step, etc. • Sidewalks, driveways • Signs and associated sign face text • Mail and newspaper boxes • Drainage structures and inverts, swales, ditches and structure frame elevations, culvert pipes (material, size, invert) B. Photogrammetric Survey —Assumed Not applicable C. Stream Survey —Assumed Not applicable D. Survey of Wetland Boundaries —Assumed Not applicable E. Supplemental Survey The Consultant will keep the survey and mapping current. No supplemental topographical survey is assumed to be needed for design purposes. F. Standards Project control will conform to the following: Horizontal Project Control: • All horizontal coordinated will be New York State Plane Coordinate System based on North American Datum of 1983 (NAD 83). • Baseline ties will be included for all baseline points within the project limits. Ties shall be created with physical dimensions to existing surveyed features. Vertical Project Control: • Elevations shall be based on the North American Vertical Datum of 1988 (NAVD 88). Level runs will begin and end on benchmarks classified as at least second order, Class II. • Benchmarks where and when appropriate, as per the Surveyor's discretion, to begin and end vertical surveys. Benchmark ties shall be provided to aid in future re-establishment during construction. Benchmarks shall be positioned, where feasible and practical, in locations that are not anticipated to be disturbed. This is a Locally Administered Federal Aid project. All surveying and mapping shall be in accordance with the LAFAP manual and with local Page 35 of 204 standards described in Section 1 of this Task List, unless modified in this document, and follow the NYSDOT survey criteria (including lines types, line weights and name) as found on the NYSDOT website at: https://www.dot.ny.gov/divisions/engineering/design/dqab/hdm/hdm- repository/chapt 20.pdf. Notes to be incorporated into future plan set: • The Consultant shall provide applicable language, notes, and survey adjustments with the survey deliverables for inclusion into future plan set documents. 2.02 Design Mapping The Consultant will provide the following design mapping: • 1"=40' scale mapping The Consultant will provide supplemental mapping when needed for design purposes and to keep the mapping current. Digital Mapping Deliverables: • The mapping will be delivered in MicroStation V8i format (.dgn) following NYSDOT format in a file that is in "Survey Feet" units. NYSDOT format criteria (including lines types, line weights and name) can be referenced on the NYSDOT website at: https://www.dot.ny.gov/divisions/engineering/design/dqab/hdm/hdm- repository/chapt 20.pdf. • If necessary, a AutoCAD (.dwg) file converted to MicroStation format shall be created using the NYSDOT "nyu seed_all" file (located on the DOT website) • A 3d file containing all topographical features at their respective elevations (elevation breaklines, curb lines, center of roadway, ditches, swales, pavement edge, etc.), surface triangles, and inferred contours shall be supplied by the Surveyor. • All of the data collected during mobile collection is not expected to be developed into mapping as this would unnecessarily increase costs. However, it will be available on an as-needed basis and for the Towns future use. • A 2d file containing survey points, descriptions, elevations, and topographical features shall be supplied by the Surveyor. • A 2d file with baseline ties and diagrams for all benchmarks. • A 2d file containing the ROW linework. Page 36 of 204 • If a MicroStation (.dgn) file cannot be provided, all files shall be an AutoCAD 2018 compatible file with no blocks, entities, or reference files. • A PDF of the complete topographic survey shall be supplied. • A surface file for the surveyed area shall be supplied in a compatible Inroads format (.dtm). • ASCII file containing all points taken in the field, description, and elevations is included. 2.03 Determination of Existing Conditions The Consultant will determine, obtain, or provide in order to accurately describe in pertinent project documents, the existing conditions within and adjacent to the project limits: The existing highway sections(s) and features within the project limits, including: • Number, width, type (through, turning, climbing, etc.), and location of travel lanes. • Shoulder widths and types (asphalt, concrete, gravel, grass, etc.). • Number, width, type, and location of utility strips. • Location of curbed sections. • Width and type of medians. • Width of clear zones. • Location and percent of grades. • Horizontal curve radii. • Intersection geometry and conditions. • Parking regulations and conditions within the project limits. • Right-of-way width (may be shown on a plan with references to the plan). • Condition and adequacy of guiderail, median barriers, and impact attenuators. • Location of traffic control features and their conformity with the latest guidelines for such features. • Provisions for pedestrians and bicyclists. • The existing conditions and roadway sections of all abutting (adjacent) and intersecting highway segments. • Existing mainline speed limit (and whether the speed limit is posted or not), and • Existing operating speeds (85th percentile speeds in most cases) • Land use for the project area as it now exists and future land development (planned and potential), including development years. Page 37 of 204 • Existing vehicular access control (full control, partial control, or uncontrolled) and whether existing driveway entrances comply with local standards or policies. • Existing pavement and shoulder conditions within the project limits. • A general assessment of drainage conditions within the project limits. • A list of all utilities, and the respective owners, that are within the project's existing right of way or those that may be impacted by the project. Assessment to include existing street lighting facilities, and above and below ground utility services. • Which, if any, school buses, emergency vehicles, or farm machinery regularly use this route. • Which, if any, suitable detour routes are available. • Nearby recreational opportunities, resources and multi-modal accommodations (A table format for the above information is recommended; a plan or typical section may be used to supplement the table where appropriate). 2.04 Accident Data and Analysis The Sponsor will provide accident records obtained from the Local agency for the last three (3) years for roads within project limits plus one-tenth of a mile immediately outside of the project limits. The Consultant will obtain accident data from the NYSDOT for the last three (3) years and 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 and Capacity Analysis Not anticipated to be required 2.06 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 (20) 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). The Sponsor will provide all necessary information pertaining to the other projects or developments. Page 38 of 204 2.07 Soil Investigations Not anticipated to be required 2.08 Hydraulic Analysis Not anticipated to be required 2.09 Bridges to be Rehabilitated Not applicable 2.10 Pavement Evaluation Not applicable Page 39 of 204 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 "Locally Administered Federal Aid Procedures Manual." The applicable design standards will be chosen from: • Town of Mamaroneck • NYSDOT Highway Design Manual • AASHTO Guide for the Development of Bicycle Facilities • A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO) • NYSDOT Standard Detail Drawings • Highway Capacity Manual, Special Report 209, Transportation Research Board • NYS Eminent Domain Procedure Law • ADA Accessibility Guidelines for Buildings and Facilities • Guide Specifications for Strength Evaluation of Existing Steel and Concrete Bridges, AASHTO • AASHTO Model Drainage Manual & NYSDOT Model Drainage Manual • AASHTO Guide for the Design of Bicycle Facilities • NYSDOT Project Development Manual • NYSDOT Bridge Manual, Section 2, Geometric Design Policy for Bridges • Federal Manual on Uniform Traffic Control Devices (MUTCD), 2009 • New York State Supplement to the MUTCD • NYSDOT Environmental Procedures 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. Page 40 of 204 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. Assume two (2) concepts will be evaluated and will include various sub-concepts for specific design elements such as intersection treatments and areas with environmental or property constraints. The selected and feasible concept(s) will be progressed as a feasible alternative. For each concept the Consultant will prepare rudimentary sketches of plan, profile, and typical section views which show: • On plan: proposed centerlines; pavement edges; sidewalk edges, curve radii and termini; and existing ROW limits. • On profile: theoretical grade lines; critical clearances; vertical curve data; grades; and touchdown points. • On typical section: lane, median, shoulder width, sidewalk, ditches, curbs, gutters, drainage, and side slopes for existing roads at road crossings. • Where necessary: important existing features. • Where pertaining to feasibility: significant environmental and geometric design constraints, labeled as such. • Historical elements if applicable. Assume these sketches will include only the minimum information needed to select design alternatives to be studied in further detail. The Consultant will meet with the Sponsor to discuss the concepts (if any), 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 The Consultant will further evaluate the preferred 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: Page 41 of 204 • Design geometry, including the identification and comparison of alignment constraints and (where applicable)justification for retaining non-standard design features, per the "Locally Administered Federal Aid Procedures Manual." • 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 treatment. • Structures, including major culverts. • Drainage, including identification of various potential solutions and coordination with other adjacent projects and involved agencies (NYSDEC, Army Corps of Engineers, NYCDEP as applicable, etc.) • Maintenance responsibility. • Maintenance and protection of traffic during construction. • Soil and foundation considerations. • Utilities. • Right-of-Way including acquisition or easement requirements, • Conceptual landscaping (performed by an RLA). • Accessibility for pedestrians, bicyclists and ADA guidelines. • Lighting. • Construction cost factors. • Non-construction improvements and varying degrees of construction improvements, as appropriate • Identification of general physical features and type of improvement associated with each solution • A level of detail commensurate with evaluating and comparing alternative solutions to needs, but not for evaluating and comparing specific design features • Environmental, socioeconomic and community issues including context- sensitive design opportunities. The Consultant will prepare the following drawings for each design alternative analyzed: • 1"=40' 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"=40' horizontal and 1"=8' (maximum) vertical, showing (as a minimum) the vertical datum reference; significant elevations; existing ground line; theoretical grade line; grades; vertical Page 42 of 204 curve data including sight distances; centerline stations and equalities; construction limits; and superelevation data. • Typical sections showing (as a minimum) lane, median, and shoulder widths; sidewalks, ditches, gutters, curbs, and side slopes. The Consultant shall contact the owners of public and private utilities within the project limits to identify potential conflicts in each alternative. The estimated costs of relocation, if determined to be reimbursable by the project, should be included in the Design Approval Document for each alternative. 3.03 Cost Estimates The Consultant will develop, provide, and maintain a cost estimate for the design. The Consultant will update the estimate periodically and as necessary to incorporate significant design changes. 3.04 Preparation of Draft Design Approval Document 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 - Procedures for Locally Administered Federal Aid Projects Manual. 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 Consultant will submit 1 electronic copy (PDF format) of the Draft DAD to the Sponsor for review, plus 1 electronic copy (PDF format) for the NYSDOT. 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 one (1) electronic copy (PDF format) of the signed Draft DAD for distribution to advisory agencies. The Sponsor or the Consultant will distribute the Draft DAD to the advisory agencies. Page 43 of 204 The Consultant will assist the Sponsor in evaluating and preparing 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 one (1) public information meeting with advisory agencies, local officials, and citizens, at which the Consultant will provide visual aids and present a technical discussion of the project. The Sponsor will arrange for the location of public information meeting(s). The Consultant will assist the Sponsor with appropriate notification. The Consultant will prepare a PowerPoint presentation covering project development, alternatives considered, social, economic, and environmental elements, estimated project costs, and other topics or items required or requested by the Sponsor. The Consultant will prepare and provide handouts and documents to allow submission of written comments. B. Public Hearing(s) Assume not applicable for the preliminary design phase of the project. However, the need for a public hearing related to right of way acquisitions will need to be determined during right of way incidental investigations and the preliminary design phase of the project development. If necessary, this hearing would be included in the supplemental agreement involving right of way acquisitions. 3.07 Preparation of Final Design Approval Document The Sponsor 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, retitle the DAD in accordance with the "Locally Administered Federal Aid Procedures 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 one (1) electronic copy (PDF format) of the Final DAD 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. Page 44 of 204 The Sponsor will submit one (1) electronic copy (PDF format) of the Final DAD, supplied by the Consultant, to the NYSDOT for a Final Environmental Determination. The NYSDOT will make the determination or obtain FHWA's determination. If necessary, the 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. It is expected that the Sponsor will grant Design Approval. Page 45 of 204 Section 4 - Environmental 4.01 NEPA Classification The Consultant will verify the anticipated NEPA Classification that is assumed to be a C List Automatic Categorical Exclusion. 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 project is assumed to be an Unlisted Action under SEQRA. 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 Short Environmental Assessment Form(s). • Drafting a Negative Declaration. • Drafting a Positive Declaration (if required). • Drafting notices and resolutions. 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 "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 (including previously completed studies) and perform preliminary investigations to determine potential impacts resulting from the design alternative(s). Work will be performed, as detailed below and in accordance with the criteria contained in the NYSDOT Transportation Environmental Manual (TEM), to determine whether further detailed analysis or Page 46 of 204 study is required. The results of these screenings and preliminary investigations will be summarized in the appropriate sections of the DAD. General Ecology and Endangered Species The Consultant will evaluate the nature, extent, and significance of potential impacts (including impacts during construction) for each project alternative on fish, wildlife, and habitat. This analysis will include general determinations of amount and type of vegetation to be disturbed, special habitats that might be damaged, and possible interruption of fish and wildlife movements (e.g. blockage of fish movement through culverts, interruption of deer movement by fences, etc.). The Consultant will determine appropriate avoidance, minimization of harm, and mitigation measures to compensate for project impacts. The Consultant will coordinate with involved State and Federal resource agencies (New York State Department of Environmental Conservation (NYSDEC), U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS)). Letters will be obtained from involved agencies to document the likely presence or absence of endangered, threatened, or rare species in the project area; these letters, if received, will be included in the Appendix of the DAD. Based on the results of agency records, the Consultant will determine the presence or absence of endangered, threatened, or rare species within project boundaries, assess potential impacts of each design alternative on such species and their habitats, and, as necessary, determine measures for avoidance, mitigation, and minimization of harm. The Consultant will determine whether an Endangered and Threatened Species Survey is warranted. The Consultant shall notify the Sponsor if a study is warranted and shall not begin the study until receiving authorization from the Sponsor. Ground Water The Consultant will determine whether the project is in a Project Review Area of an EPA designated Sole Source Aquifer or in a NYSDEC designated Primary Water Supply or Principal Aquifer Area. The Consultant will assess potential impacts on the aquifers and any public or private nearby wells used for drinking water. The Consultant will evaluate avoidance, minimization, and mitigation measures regarding ground waters. The Consultant will determine whether a more detailed Groundwater Assessment Report is required but shall not begin such an effort until receiving additional authorization from the Sponsor. Surface Water The Consultant will identify drainage basins existing within or adjacent to the project site and will determine how the existing soils, vegetation, topography, climate, and seasonal nature of the proposed construction may affect the potential for erosion and sedimentation. Page 47 of 204 The Consultant will assess temporary and permanent measures and practices that may be used to avoid or minimize and control soil erosion, sedimentation, and surface water pollution during and after construction. The Consultant will determine if the project requires coverage under the SPDES General Permit for Stormwater Discharges from Construction Activities, NYSDEC Permit No. GP-0-25-001. The Consultant will file any required "Notice of Intent" with the NYSDEC, as appropriate. If the project is in the New York City water supply watershed (NYSDOT Regions 1 , 8 & 9, the Consultant will review the NYSDOT/NYSDEC Memorandum of Understanding (MOU) and the NYC Final Watershed Regulations to determine whether or not a Stormwater Pollution Prevention Plan (SWPPP) is required. The Consultant will determine and describe how the proposed work complies with the substantive requirements of the Watershed Regulations and the MOU. The Consultant will assess the need for temporary and permanent stormwater facilities and will assess the need for additional right-of-way for such facilities. The Consultant will assess measures, as appropriate, to capture on-site the first flush 0.5 inch of rainfall from all surfaces made more impervious by the project, attenuate peak flow, and control thermal discharges to cold water fishery streams. The Consultant will assess the need for additional right-of-way to accommodate permanent stormwater facilities. The Consultant will assess whether or not project work will affect the special characteristics or qualities of a designated Wild, Scenic, and Recreational River or Study River (e.g., navigation, riparian cover, scenery, etc.). • Assume that there are no impacts to the New York City water supply water shed because the project limits are not within its boundary. • Reviewing NYSDEC Environmental Resource Mapper. Determining if the design alternative(s) will impact the identified Class C water resources within the project site. State Wetlands The Consultant will investigate types, locations, and extent of state-regulated wetlands in the project area, including: • Reviewing NYSDEC Freshwater Wetlands Maps. Determining if the design alternative(s) will impact the identified State- regulated wetlands and their regulated adjacent areas (usually 100' for freshwater and 300' for tidal). • Determining if, and which, State permits are needed for activities in wetlands and their regulated adjacent areas, including Article 24 permits for State- regulated freshwater wetlands and Article 25 permits for State-regulated tidal Page 48 of 204 wetlands. • Assume that there are no wetlands that would be impacted as a result of this project. Federal Jurisdictional Wetlands The Consultant will use NYSDEC Wetlands Maps, US Fish & Wildlife Services National Wetland Inventory Maps, and Soil Conservation Services County Soil Survey Reports to screen for the presence of freshwater and tidal wetlands. The Consultant will make a site visit to determine if Federal jurisdictional wetlands are present within or adjacent to the proposed project limits, and whether the wetlands could be affected by proposed project activities. • Assume there are no Federal wetlands in the project area or any wetlands that would be impacted as a result of this project. Floodplains The Consultant will determine if a Flood Plain Evaluation is needed for the project. Assume not required. Coastal Zone Management The proposed project is subject to the Federally Approved Coastal Local Waterfront Revitalization Program (LWRP). The Consultant will determine screen the NYS Coastal Atlas to determine what provisions are required for the proposed project. Navigable Waterways Not Applicable Historic Resources The proposed project is subject to the tenets of Section 106 of the National Historic Preservation Act and the New York State Historic Preservation Act, each administered by the State Historic Preservation Office (SHPO) within the NYS Office of Parks, Recreation, and Historic Preservation (OPRHP). The Consultant will perform a cultural resource screening to determine if a cultural resource study is needed. The Sponsor, through the NYSDOT, will request an Effect Determination from the OPRHP in writing from the SHPO. Page 49 of 204 Parks The Consultant will perform a screening to determine if a detailed Section 4(f) or Section 6(f) evaluation is needed. Assume not required. Hazardous Waste The Consultant will screen for hazardous wastes and contaminated materials within the project site and corridor (existing or proposed right-of-way, including easements). This preliminary screening is a general review to identify properties within the right-of-way or in close proximity that could contain or be a source of hazardous wastes or contaminated materials. The screening will include: • A review of existing information about past and current land use to identify possible sources of contamination within the project site and corridor, including: o NYSDEC records such as: Registry of Inactive Hazardous Waste Sites; Hazardous Substance Waste Disposal Site Study Reports; records of chemical or petroleum storage tanks; waste incident and chemical release reports. o Environmental Data Resources (EDR) data report that provides local, state, and federal database and record queries and results for a given project area. Firm Insurance Rate Maps and other historical aerial/topographic mapping is obtained, if available, and reviewed. o Sampling of suspect materials for lead. o A site visit to look for observable physical evidence of contamination (e.g., stained soil, seepage, and stressed or dead vegetation). The Consultant will complete a Hazardous Waste/Contaminated Materials Screening Report and include it in the Appendix of the DAD. Asbestos The Consultant will make an initial determination on the scope and extent of potential asbestos containing materials, based on the types of facilities impacted. The Consultant must maintain a valid asbestos handling license for the duration of this agreement and all Consultant personnel engaged in asbestos-related work must be appropriately certified for the work being performed, as described in Section 56-2.2 of Industrial Code Rule 56 (12 NYCRR Part 56). The Consultant will perform a preliminary investigation for the presence of asbestos containing materials (ACM's) within the project site and corridor, using the following screening techniques: Page 50 of 204 • A review of available as-built drawings, record plans, and other construction drawings of all structure and facilities in the project area, including but not limited to pavement, shoulders, subgrade, underground utilities, buildings, and retaining walls which could potentially require alterations or demolition as part of the project. • A site visit to look for and sample possible asbestos-containing materials within the project's limits of disturbance. Noise The Consultant will perform a screening to determine if a project level noise analysis is needed. Assume not required. Air Quality The Consultant will perform a screening to determine if a project level air quality analysis is needed. Assume not required. Energy The Consultant will perform a screening to determine if an energy analysis is needed. Assume not required. Farmlands Not Applicable. Visual Impacts The Consultant will perform an initial screening to determine if there is a potential for visual impacts. A detailed assessment is assumed not required. Work will be performed, as detailed in the NYSDOT LPM 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 4.04, 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. Page 51 of 204 Detailed study or analysis work will be performed and documented as detailed in the NYSDOT "Locally Administered Federal Aid Procedures Manual." Results of the detailed study or analysis will be summarized in the appropriate section of the DAD. Detailed study or analysis may include: A. General Ecology and Endangered Species —Assume a Finding Document (habitat assessment memorandum) will be required. B. Ground Water—Assume Not Required C. Surface Water—Assume Not Required D. State Wetlands —Assume Not Required E. Federal Wetlands —Assume Not Required F. Floodplains —Assume Not Required G. Coastal Zone Management —Assume Applicable H. Navigable Waterways —Assume Not Applicable I. Historic Resources —Assume Phase IA Archaeological Documentary Study and Architectural Resources Survey Report will be required, assume Phase IB soil test pits will be required. Assume a Section 106 Finding Document will be required. J. Parks - Section 4(f) and Section 6(f) Evaluations —Assume Not Required K. Hazardous Waste —Assume a Phase I Environmental Site Assessment will be required L. Asbestos —Assume Not Required M. Noise —Assume Not Required N. Air Quality— Assume Not Required O. Energy — Assume Not Required P. Farmlands —Assume Not Applicable Q. Visual Impacts —Assume Not Required Page 52 of 204 4.06 Permits and Approvals The Consultant will obtain all applicable permit(s) and certification, including but not necessarily limited to: • NEPA C-List Categorical Exclusion • SEQR Unlisted Action Classification; Assume Negative Declaration • NYSDEC State Pollution Discharge Elimination System (SPDES) Permit and Erosion & Sediment Control SWPPP (no post-construction stormwater management practices anticipated as per Appendix B Table 1 of GP-0-25- 001) • Concurrence with Town's MS-4 Regulations • Section 106 Process and Effect Determination project update with NYS Office of Parks, Recreation, and Historic Preservation through the NYSDOT. • NYSDOT Highway Work Permit 4.07 Environmental Hearing Not applicable Page 53 of 204 Section 5 — Right-of-Way 5.01 Abstract Request Map and/or Title Search RIGHT OF WAY INCIDENTALS The Sponsor will request right of way incidental phase authorization from the New York State Department of Transportation. The request will be made when the Sponsor determines that property acquisitions are likely to occur or when it requests Preliminary Engineering phase authorization. The Consultant will not proceed with any activities in this section without written authorization from the Sponsor. The Consultant will meet with the Sponsor to review and to discuss findings of the right of way investigations. 5.011 Review and Analysis of Right of Way Requirements The Consultant will undertake an on-going review and analysis of right of way requirements for the project. The review may include: • Preliminary engineering design • Preliminary right of way plans and acquisition maps • County Tax Maps • City Zoning Regulations and Maps • Aerial photography • Other pertinent project information The analysis may include: • The number of affected parcels • The zoning classification for each parcel • Estimated size of the acquisition • Potential impacts to improvements The Consultant will determine the current owner of the affected properties by reviewing public information records at the county tax assessor's office. The ownership will be verified by obtaining and reviewing a copy of the last deed of record at the county clerk's office. Page 54 of 204 5.012 Title Research 5.0121 For the acquisition of temporary easements, the Consultant will determine property title ownership through county tax assessment records and will verify the ownership through examination of the last deed of record. 5.0122 For the acquisition of real property rights estimated at $10,000 or less, the Consultant will perform a Last Owner Title Search. The Last Owner Title Search will be the last recorded deed that conveys a full fee interest to the last owner or owners of record. The Last Owner Title Search will not begin with a deed where the grantor and grantee are in some way related without full consideration having been paid. 5.0123 For the acquisition of real property rights estimated between $10,001 and $40,000, the Consultant will perform a Twenty-Year Title Search. The Twenty-Year Search will start with a deed that conveys complete and indefeasible title, which has been executed and of record at least twenty years prior to the search date. The Twenty-Year Search will not begin with a deed where the grantor and grantee are in some way related without full consideration having been paid. 5.0124 For the acquisition of real property rights estimated at greater than $40,000, the Consultant will prepare a Title Abstract. The Title Abstract will start with a warranty deed that has been executed and of record at least forty years prior to the date of the search. 5.013 Title Review and Certification The Consultant will subcontract with a qualified, NYS licensed attorney to issue Certificate of Title on all fee property acquisitions and obtain title insurance as required. The Consultant will submit the Title Certifications to the Sponsor. 5.0131 For the acquisition of real property rights estimated at $10,000 or less, the Consultant's Attorney will review the Last Owner Title Search and issue a Limited Last Owner Title Certification. 5.0132 For the acquisition of real property rights estimated between $10,001 and $40,000, the Consultant's Attorney will review the Twenty-Year Title Search and issue a Limited Twenty-Year Title Certification. 5.0133 For the acquisition of real property rights estimated at greater than $40,000, the Consultant's Attorney will review the Abstract and issue a Title Certification. Page 55 of 204 5.0134 The Municipality will acknowledge the receipt of each Title Certification and provide the Consultant, on a per parcel basis, a list of the property owners and other compensable property interests. The Sponsor will respond in writing within ten (10) days of receipt of each Title Certification. 5.02 Right of Way Survey Right-of-Way survey and mapping shall be done in accordance with the NYSDOT ROW Mapping Procedures Manual. • Research and obtain deeds and other record information to establish reputed owners of properties in and adjacent to the project limits. • Provide owner names, tax account numbers and book/page of deed and list within each property in the project limits. • Determine the location of the existing highway boundary. Highway boundary shall be incorporated into the base mapping. Any record plans that exist will be provided by the Sponsor. In areas of potential acquisitions, both the highway boundary and the individual property lines will be determined accurately. • All efforts will be made to recover property line markers and any permanent survey markers set by others. • The Consultant shall place ROW and easement lines on the plans, denoting the owner names, tax map numbers, and book/page of deed and list for each property on the ROW within the project limits. • Provide DGN file as deliverable. 5.03 Right of Way Mapping The Consultant will meet with the Sponsor to discuss the types of right of way acquisitions required and the limits of acquisition lines. The Consultant will prepare acquisition maps in accordance with the format provided by the Sponsor. All right of way mapping will be in English dimensions. The Consultant will prepare all map revisions or additions which are determined necessary during the construction of the project and Produce appropriation maps in accordance with the NYSDOT ROW Mapping Procedures Manual, or as directed. • It is anticipated that NYSDOT Region 8 would be the review agency for the appropriation mapping. It is assumed that one set of revisions would be made. • Produce an estimated zero (0) FEE acquisition maps, two (2) Permanent Easement Maps, and two (2) Temporary Easement (TE) maps in accordance Page 56 of 204 with the NYSDOT ROW Mapping Procedures Manual, or as directed. The appropriation maps shall be a standard 11" x 17" overall format as per Chapter 5.4 of the NYSDOT ROW Mapping Procedures Manual. 5.04 INTENTIONALLY LEFT BLANK 5.05 Right of Way Cost Estimates If applicable, the Consultant will provide cost estimates for the right of way to be acquired by the Sponsor on all alternatives being considered and will provide updated estimates, as necessary. 5.06 Public Hearings/Meetings No services required. 5.07 Property Appraisals For each parcel requiring the acquisition of property rights, the Consultant will conduct a real property appraisal and prepare a real property appraisal report to determine the fair market value of the proposed acquisition. The Consultant will contact the owner or his/her designated representative in writing prior to completing the appraisal to extend the opportunity to accompany the appraiser during the property inspection. 5.071 Preliminary Property Owner Interview The Consultant will conduct 1 preliminary interview with each property owner(s) or the property owner's designated representative. Other than absentee property owners, a reasonable attempt will be made to conduct the preliminary contact on a face-to-face basis. Absentee property owners and those local property owners not able to be interviewed face-to-face may be contacted via telephone and certified mail. The purpose of preliminary contact includes: • Delivery of notices of intent to acquire, if necessary • Delivery of right of way acquisition brochures • Explanation of right of way and construction plans • Informing of right to accompany appraiser • Determining the need for additional action regarding right of way boundaries, errors and omissions in plans and/or other documents • Prepare Physical Inspection Report Page 57 of 204 5.072 Real Property Appraisal Reports The Consultant will subcontract the services of an appraiser to complete real property appraisals and appraisal reports required for each parcel or ownership indicated on the Right of Way Plan. The Consultant will insure that all real property appraisals and real property appraisal reports are prepared by qualified appraisers who are, as defined by the New York State Department of State, Certified General Real Estate Appraisers. The Consultant will insure that all real property appraisals and real estate appraisal reports conform to the Uniform Standards of Professional Appraisal Practice, Standard 1 , Real Property Appraisal Development, and Standard 2, Real Property Appraisal, Reporting. The Uniform Standards of Professional Appraisal Practice contains a Certification of Appraiser. In addition, the Consultant must certify to the following: "The property owner or his/her designated representative was given an opportunity to accompany the appraiser during the property inspection" "Any decrease or increase in the fair market value of the real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in estimating the compensation for the property." The Consultant will provide 1 original bound real property appraisal report with photo copies of photos for each acquisition. 5.0721 For uncomplicated acquisitions of real property rights valued at less than $15,000, the Consultant will prepare a Limited Appraisal Report (LAR). The LAR will consist of a limited appraisal with a restricted use appraisal report as provided for in the Uniform Standards of Professional Appraisal Practice, Standard 1 , Real Property Appraisal Development, and Standard 2, Real Property Appraisal. 5.0722 For acquisitions of entire real property interests, the Consultant will prepare a Full Take Appraisal Report. The Full Take Appraisal Report will consist of a complete appraisal with a summary appraisal report as provided for in the Uniform Standards of Professional Appraisal Practice, Standard 1 , Real Property Appraisal Development, and Standard 2, Real Property Appraisal, Reporting. Page 58 of 204 5.0723 For partial acquisition of real property rights valued at $15,000 or more with no indirect damages to improvements, the Consultant will prepare a Before and After (land only) Appraisal Report. The land only Before and After Appraisal Report will consist of a limited appraisal with a summary or restricted use appraisal report as provided for in the Uniform Standards of Professional Appraisal Practice, Standard 1, Real Property Appraisal Development, and Standard 2, Real Property Appraisal, Reporting. 5.0724 For partial acquisition of real property rights valued at $15,000 or more with indirect damages to improvements, the Consultant will prepare a Before and After Appraisal Report. The Before and After Appraisal Report will consist of a complete appraisal with a summary appraisal report as provided for in the Uniform Standards of Professional Appraisal Practice, Standard 1 , Real Property Appraisal Development, and Standard 2, Real Property Appraisal, Reporting. 5.0725 For acquisitions of real property rights valued over $300,000, the Consultant will prepare two independent appraisal reports. The appraisal report will consist of a complete appraisal with summary appraisal reports as provided for in the Uniform Standards of Professional Appraisal Practice, Standard 1, Real Property Appraisal Development, and Standard 2, Real Property Appraisal, Reporting. 5.08 Appraisal Review The Consultant will perform a separate review of each appraisal. The Consultant will insure that all real property appraisal reviews are performed by a qualified appraiser who is, as defined by the New York State Department of State, Certified General Real Estate Appraisers. The appraisal review will be completed in conformance with the Uniform Standards of Professional Appraisal Practice, Standard 3, Real Property Appraisal Review, Development, and Reporting. The Consultant will review the appraisal reports for compliance with state and federal standards. The Consultant will take corrective actions. The review appraiser will: • Identify and make corrections to mathematical calculations and typographical errors, if necessary • Assure real property appraisal development and reporting are in accordance with the appraisal subcontract • Assure real property appraisal development and reporting are complete and meet the Uniform Standards of Professional Appraisal Practice standards • State the basis for the fair market value conclusion and provide breakdowns adequate for New York State Department of Transportation audit, Federal Highway Administration eligibility review, and for negotiation purposes. Page 59 of 204 The Consultant will provide the Sponsor with the highest approved appraised amount for each property rights acquisition. 5.09 Negotiations and Acquisition of Property The Consultant will not proceed with any activities in this section without written authorization from the Sponsor. The Consultant will meet with the Sponsor to review and to discuss the right of way acquisition procedures. 5.091 Just Compensation The Sponsor will establish just compensation for each property rights acquisition. In no event shall the Just Compensation amount be less than the Sponsor's highest approved appraisal. Because time is of the essence, the Sponsor will provide the just compensation amounts in writing to the Consultant within 10 days of its receipt of the preliminary appraisal reviews from the Consultant. 5.092 Written Offer The Consultant will prepare a written offer for each acquisition of real property. The amount of the offer will be the amount established by the Sponsor as just compensation. The written offer will include the following: • A statement of the just compensation amount • Separate indications of the compensation offered for the property acquired and for damages to the remaining property, if applicable (when only a part of the property is acquired) • A summary statement, which will include: • the basis for the just compensation amount • a description and location identification of the real property • the interest in the real property being acquired • where appropriate, the statement will identify any separately held ownership interest in the property (i.e. tenant-owned improvement) and indicate that the interest is not covered by the offer • Additional information the Consultant and/or the Sponsor deems appropriate or required 5.093 Deliver Offer The Consultant will deliver the written offer, plats, unsigned agreements and releases to the appropriate property owners or his/her designated representative. Page 60 of 204 The Consultant will meet with the appropriate property owners or his/her designated representative to explain the written offer, plats and unsigned agreements. The Consultant will conduct additional negotiation sessions with the appropriate property owners or his/her designated representative in an attempt to negotiate a settlement. The Consultant will make all reasonable efforts to contact personally each property owner(s) or designated representative. Absentee and unsuccessful personal contacts may be made by certified mail. The Consultant will maintain a detailed diary of each substantial contact with property owner(s). The diary will be signed and dated by the person responsible for the contact. The diary entries will be on a parcel by parcel basis: • Substantial contacts • Efforts to achieve amicable settlements • Responsiveness to owners' counter proposals • Suggestions for changes in plans The records should include the principal activities undertaken by the agent, such as: • parties contacted • date and location of contact • offers made [dollar amounts] • counteroffers received • property owner's comments • reason(s) settlement could not be reached 5.094 Purchase Agreements The Consultant will submit real property acquisition documents to the Sponsor for recommended action on settlements: • Approval of negotiated settlements • Action on proposed administrative settlements • Referral to the Sponsor attorney for initiation of eminent domain proceedings Because time is of the essence, the Sponsor will provide a written response to the Consultant within 10 days of its receipt of the acquisition documents from the Consultant. Page 61 of 204 5.095 Revisions to Just Compensation The Consultant will consider any presentations made by the property owner which might affect the value of the property. The Consultant may make recommendations to the Sponsor to adjust the written offer. The Sponsor may revise the just compensation based on the information provided by the property owner. The Consultant will document the justification for revising the just compensation. The Consultant will prepare and promptly deliver a revised written offer to the property owner. 5.096 Administrative Settlements The Consultant and/or the Sponsor may recommend administrative settlements. Administrative settlements are settlements in excess of the Sponsor's just compensation determination. The Sponsor will have final approval to authorize administrative settlements. The Consultant will provide the written justification for the Administrative Settlement. The written justification will include all information necessary to support the settlement; such as: • The approved offer of just compensation • A summary of the acquisition agent's record of negotiations • Reference to all appraisal reports (including the owner's appraisal report) • Recent court awards and their relationship to the proposed administrative settlement • A discussion of diverse valuation issues (i.e. probable range of testimony as to fair market value by both parties) • The trial cost estimate • The opinion of legal counsel • The identification of the responsible agency official who has the authority to approve administrative settlements • The recommendation and signatures of all individuals proposing the settlement The Consultant will prepare and promptly deliver a revised written offer to the property owner. 5.097 Transfer of Title The Municipality will not require any property owner to surrender possession of real property before the Municipality pays the agreed purchase price. Page 62 of 204 5.0971 The Consultant will conduct necessary title curative work. For real property acquisitions valued at $10,000 or less, the Consultant will clear only the possessory interest. For real property valued at greater than $10,000, the Consultant will clear all interests in the property. Title curative work may include partial releases of mortgage, lien subordination agreements, and lien satisfactions. 5.0972 The Consultant will perform a calculation to prorate real property taxes for each fee and permanent easement acquisitions. The Sponsor will pay all tax prorations over $25.00. 5.0973 The Consultant will prepare closing documents for each acquisition. The closing documents will include a closing statement, instrument, real estate transfer tax return, and real property transfer report. 5.0974 The Consultant will deliver the title instrument(s) to the title attorney subcontracted by the Consultant for review and approval. 5.0975 The Consultant will schedule and hold the closing. Because time is of the essence, the Sponsor will pay the just compensation at the time the property owner(s) signs all required closing documents. The transfer of title to the agency may also require the payment of incidental expenses by the owner, the Sponsor, or the Consultant. The Sponsor will pay appropriate reimbursable expenses to the property owner(s) and/or the Consultant. 5.0976 The Consultant will promptly file all deeds or conveyance documents in the County Clerk's Office. 5.098 Right of Way Certification The Consultant will prepare the Right of Way Certificate on forms prescribed by the New York State Department of Transportation. The Sponsor will sign the Right of Way Certificate. 5.10 Relocation Assistance Assume No services required. 5.11 Property Management Assume No services required. Page 63 of 204 Section 6 - Detailed Design 6.01 Preliminary Plans The Consultant will develop the approved design alternative to the Preliminary Plan stage. At this stage all plans, specifications, estimates and other associated materials will be 40% complete. The anticipated sheets for the 40% submittal are as follows: • Construction Plan Sheets • Lane Configurations • Intersection Reconfigurations • Pedestrian Accommodations • Pavement Restoration options • Typical Section(s) • Proposed Profile(s) • Drainage Modifications • Conceptual Traffic Control • Signal improvements • Pertinent Details Estimated Construction Costs will be at a 40% complete level. Preliminary Plans will be in accordance with the "Locally Administered Federal Aid Procedures Manual." The Consultant will prepare and submit one (1) 11x17 electronic PDF copy of the Preliminary Plans to the Sponsor for review. The Consultant will modify the design to reflect the review of the Preliminary package. 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. The anticipated sheets for the 90% ADP submittal is the information included in the 40% submittal amplified and including: • Title Sheet • General Notes and Index • Legends and Abbreviations Page 64 of 204 • Erosion and Sediment Control Details and Notes • Typical Sections • Traffic Control Plans and Details • General Plans (1:40) • Miscellaneous Details • Miscellaneous Tables • Traffic Signal Plans • Estimate of Quantities As part of this task the Consultant will prepare tem plated cross sections at 25 foot intervals, in locations with earthwork or roadways on new alignments. The traffic signal upgrades will be designed in accordance with NYSDOT and MUTCD standards and guidelines and all design documents will be prepared using NYSDOT Standard Specifications and Drawings. Advance Detail Plans will be in accordance with the "Locally Administered Federal Aid Procedures Manual." The Consultant will prepare and submit four (4) 11x17 hard copies and one (1) electronic PDF copy of the ADP's to the Sponsor, plus one (1) copy to NYSDOT, 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: • Instructions to bidders • Bid documents • Contract language, including applicable federal provisions and prevailing wage rates (with Town supplied information) • Special notes • Specifications • Utility Agreements • Plans • A list of supplemental information available to bidders (i.e., subsurface exploration logs, record as-built plans, etc.) • Other pertinent information including other City supplied information Page 65 of 204 The Consultant will submit the contract documents to the Sponsor for approval. Upon approval, the Sponsor will submit 4 copies of the contract documents to the NYSDOT as described in the "Locally Administered Federal Aid Procedures Manual." The items listed below are to be included in one submission to the NYSDOT at least one (1) month prior to the anticipated placement of advertisement for bids. • Signed set of plans • Project proposal • Engineers estimate of construction cost • Signed ROW certificate • Signed utility schedules and agreements • Construction management plan • Scope of services for construction inspection • Estimated cost of construction inspection The submission will be reviewed and discussed with the Consultant if changes are necessary. 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 A. Utilities Inventory Report — Immediately after receipt of Design Approval, the Consultant shall prepare and submit to the Sponsor and NYSDOT, a preliminary Utilities Inventory Report, indicating ownership and impacts to existing utilities by the proposed work. This report shall be prepared in accordance with Chapter 10 of the LAFAP Manual (see Appendix 10-5 for the form and instructions). B. Initial Contact Letter— The Consultant shall subsequently prepare and send a letter to each utility impacted by the project, and include copies of the preliminary Utilities Inventory Report, plans, profiles, typical sections, and cross-sections for the project. The letter should clearly request that the utility provide a color-coded set of plans showing the existing facilities, as well as the proposed relocation, schedules, and estimate of costs for the reimbursable work. C. Coordination with Utility Schedule — After receipt of the information requested Page 66 of 204 in Task 6.05.B, the Consultant shall prepare and submit Coordination with Utility Schedule in accordance with Chapter 10 (see Appendix 10-6 for a sample and instructions). This schedule shall be included in the Utility Work Agreements, as well as the contract documents. D. Utility Work Agreements — The Consultant shall prepare a Utility Work Agreement for each utility impacted by the project. The agreement shall be prepared in accordance with Chapter 10 of the LAFAP Manual (see Appendix 10-7 thru 9 for samples and instructions), and submitted to NYSDOT for approval and signature, if required. The agreements must be signed by all parties prior to advertising of the contract. E. Notice to Utilities — The Consultant shall give notice to each utility as to the schedule of letting and award of the project, including the tasks and schedules contained in the "Coordination with Utility Schedule". 6.06 Railroads Not applicable 6.07 Bridge Inventory and Load Rating Forms Not applicable 6.08 Information Transmittal Upon completion of the contract documents, the Consultant will transmit to the Sponsor all project information, including electronic files. The electronic information will be PDF Format. Page 67 of 204 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 Consultant will place the advertisements. Advertisements for Bidding will be placed after "Authorization to Advertise" is granted to the Sponsor by the FHWA through the NYSDOT. 7.02 Bid Opening (Letting) The Sponsor will hold the public bid opening. 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: o Checking accuracy of quantity calculations. o 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 DOT. The Sponsor will award the contract and will transmit the award package to the NYSDOT as described in the "Locally Administered Federal Aid Procedures Manual." Page 68 of 204 Section 10 - Estimating & Technical Assumptions 10.01 Estimating Assumptions The following assumptions have been made for estimating purposes: Section 1 Estimate 4 meetings during the life of this agreement. Estimate 18 cost and progress reporting periods will occur during the life of this agreement. Assume 1 subconsultants and 0 subcontractors Section 2 Assume that survey information will be obtained in the field by the Consultant Estimate 0 crew day of supplemental survey will be required Estimate 10 accidents will require analysis. Estimate 0 traffic or intersection turning movement counts will be required. Estimate 0 capacity analyses will be required. Estimate 0 intersection simulation models will be developed. Estimate 0 subsurface investigations will be required. Section 3 Estimate 2 design alternative(s) will be analyzed in addition to the null alternative. Estimate 1 cost estimate(s) plus 2 updates will be required. Estimate 1 Public Information Meeting will be held. Estimate 0 Steering Committee Meetings will be required. Section 4 Estimate 1 permit will be required (NYSDEC SPDES). Estimate 1 finding document will be required for endangered species habitat assessment. Assume that a Phase I Environmental Site Assessment will be required. Page 69 of 204 Assume that a Phase 1A Archeological Investigation will not be required. Assume that Phase IB Archeological Field Investigation with Soil Test Pits and associated report will not be required. Assume an Architectural Resources Survey will not be required. Section 5 Estimate 1 meeting(s) with the Sponsor. Estimate 0 temporary easement title search Estimate 4 last owner title searches Estimate 0 20 year title searches Estimate 0 full abstracts. Estimate 4 last owner title certifications. Estimate 0 20 year title certifications. Estimate 0 full abstract certifications. Estimate 4 acquisition map reviews. Estimate 1 right of way cost estimate(s). Estimate 0 Informational Meetings Estimate 0 EDPL Public Hearings Estimate 4 Preliminary Property Owner Interviews. Estimate 4 Limited Appraisal Reports. Estimate 0 Full Take Appraisal Reports. Estimate 0 Before & After (land only) Appraisal Reports. Estimate 0 Before & After Appraisal Reports. Estimate 0 properties requiring two independent appraisal reports. Estimate 4 appraisal reviews. Page 70 of 204 Estimate 4 negotiation contacts per property owner. Estimate 0 revisions to Just Compensation Estimate 4 offer packages. Estimate 0 Administrative Settlements. Estimate 0 partial release(s) of mortgage. Estimate 0 Lien subordination agreements. Estimate 0 Lien satisfactions. Estimate 0 miscellaneous title curative issues. Estimate 4 property tax proration calculations. Estimate 4 closing packages. Estimate 1 right of way certificates. Section 6 Estimate 1 cost estimate(s) plus 2 updates will be required. Estimate 5 private utility companies and 0 railroad agencies will be affected. Estimate 0 retaining wall designs will be required. Section 7 Estimate 1 digital PDF copy of the final contract bid documents will be needed for prospective bidders and distributed electronically. Estimate 1 advertisement will be placed in 2 publications in addition to the NYS Contract Reporter, by the Sponsor. Assume only 1 letting will be required and will be attended by the Consultant. 10.02 Technical Assumptions 1. The survey work is subject to NYS DOL "prevailing wages". 2. Aerial mapping is not required. 3. In lieu of a control report a baseline will be established, including baseline Page 71 of 204 ties, and provided with the overall survey. Applicable language, notes, and adjustments will be provided to the Engineer for future plan set incorporation. 4. At least one (1) benchmark will be established on the site. 5. Access to the site and vicinity for surveying and other tasks will not be limited. 6. Overhead and underground utilities are assumed to be present. Dig Safe NY (811) shall be contacted by the Consultant and underground utilities will be marked prior to field survey. The Consultant shall coordinate with utility owners to identify ALL locations of underground utility infrastructure. Utility mapping provided by the Consultant must be comprehensive and complete. 7. The project will be progressed in English units and design mapping will be provided in survey-feet. 8. The Sponsor will provide existing available drainage maps, plans, drawings for incorporation into the Consultant's mapping. 9. Boundary/right-of-way (ROW) survey mapping is not required for individual properties. 10.Assume 35 separate properties with 34 separate and distinct owners that will require research (deed and other record information review) to establish reputed owners of properties in and adjacent to the project limits. The Sponsor will provide deed documents (metes and bounds) for incorporation into the Consultant's mapping. 11.Contract plans and cross-sections will be prepared at size (11"x17") in accordance with NYSDOT requirements. 12.The Design Approval Document format will be the PSR/FDR. 13.Traffic counts will not be required. 14.Accident reports will be required. 15. It is assumed that utility relocation agreements will be necessary for above ground and underground utilities. Utility relocation, including utility poles, will be by utility owners. 16. It is assumed that the NYSDOT and the State Historic Preservation Office (SHPO) will determine the project to have "no effect." 17. It is assumed that a detailed Section 4(f) or 6(f) analysis/report will not be required. Page 72 of 204 18.Asbestos investigations will be limited to all facilities and lands within the existing and proposed project limits. It is assumed that no ACM's (Asbestos Containing Materials) will be found. Asbestos removal/abatement, if necessary, would be added by supplemental agreement. 19. It is assumed that the preliminary hazardous waste assessment will not find conditions or materials that will require remediation or pose a significant threat to health of the environment. 20.One (1) Public Informational Meeting will be held locally. Display boards and brochures will be provided by the Consultant. The Consultant will prepare and present a PowerPoint presentation with visuals. The Sponsor will coordinate and make arrangements for the location of the meeting. 21.Writing of five (5) special specifications will be required. The remaining project elements will conform to the standard NYSDOT Specifications or existing NYSDOT Special Specifications. 22.With final submission, the Consultant will submit two (2) copies of the design calculations and estimate of quantities calculations, and one (1) digital PDF copy of the as-built plans. 23.The project is a Redevelopment Project under the NYSDEC General SPDES permit. Stormwater treatment will be provided to the extent feasible in accordance with the NYSDEC Redevelopment Guidelines and the Sponsor's policies as an MS-4. An Erosion and Sediment Control Plan and SWPPP is assumed. 24.Right-of-way easements or acquisitions are anticipated for this project. • Zero (0) Fee acquisition maps are anticipated. • Two (2) Permanent Easement (PE) maps are anticipated. • Two (2) Temporary Easement (TE) maps are anticipated. 25.Assume 4 properties with separate and distinct owners will be impacted by the project. 26.Assume 4 acquisitions will be valued greater than $10,000, but less than or equal to $40,000. 27.Assume 0 acquisitions will be valued greater than $40,000. 28.The project will be constructed in the 2027 construction season. 29.The following project schedule is initially anticipated as: Page 73 of 204 • Town and State Agreement Executed — March 2025 • Consultant Agreement Executed, Notice to Proceed — November 2025 • Begin Ground Survey, ROW Research — December 2025 • Survey Deliverable, Begin Preliminary Design Linework — January 2026 • Project Submittal Package (PSP) Submitted to NYSDOT— February 2026 • Public Information Meeting — March 2026 • Environmental Site Visit —April 2026 • Complete SEQR and FEAW— July 2026 • Submit Design Approval Document to NYSDOT —August 2026 • Begin NYSDOT Review (4 months) — September 2026 • Design Approval — December 2026 • Begin PS&E — December 2026 • Town Completes Tree Clearing — March 2027 • PS&E to NYSDOT— March 2027 • Construction Authorization —April 8, 2027 • Project Letting — June 2027 • Construction Begins — September 2027 • Construction Complete — November 2027 Page 74 of 204 ATTACHMENT C Architectural/ Engineering Consultant Contract Staffing Rates, Hours, Reimbursables and Fees Page 75 of 204 EXHIBIT A-1 Salary Schedule Barton&Loguidice,D.P.C. PIN#8763.38 Colonial Avenue Pedestrian Improvements Town of Mamaroneck ASCE(A) AVERAGE MAXIMUM OR HOURLY RATES HOURLY OVERTIME JOB TITLE NICET(N) PRESENT PROJECTED RATES CATEGORY GRADE 1/2025 12/2026 1/2025 Principal IX (A) $ 132.20 $ 135.14 $ 137.00 A Senior Vice President IX (A) $ 107.40 $ 109.79 $ 123.00 A Vice President IX (A) $ 84.77 $ 86.66 $ 90.00 A Senior Associate VIII (A) $ 81.50 $ 83.31 $ 81.50 A Associate VIII (A) $ 71.54 $ 73.13 $ 81.50 A Chief Engineer VII (A) $ 69.83 $ 71.38 $ 78.00 B Senior Managing Engineer VII (A) $ 61.20 $ 62.56 $ 73.00 B Senior Managing Hydrogeologist VII (A) $ 66.25 $ 67.72 $ 71.00 B Senior Managing Industrial Hygienist VII (A) $ 63.20 $ 64.61 $ 63.20 B Senior Managing Landscape Architect VII (A) $ 56.60 $ 57.86 $ 57.00 B Senior Project Manager VII (A) $ 58.00 $ 59.29 $ 80.00 B Chief Asset Management Specialist VI (A) $ 79.00 $ 80.76 $ 79.00 B Lead Architect VI (A) $ 55.30 $ 56.53 $ 55.30 B Lead Engineer VI (A) $ 56.40 $ 57.66 $ 56.40 B Lead Envrionmental Scientist VI (A) $ 56.00 $ 57.25 $ 56.00 B Lead Landscape Architect VI (A) $ 48.00 $ 49.07 $ 48.00 B Managing Engineer VI (A) $ 55.20 $ 56.43 $ 57.70 B Managing Hydrogeologist VI (A) $ 54.50 $ 55.71 $ 54.50 B Managing Landscape Architect VI (A) $ 46.00 $ 47.02 $ 46.00 B Project Manager VI (A) $ 47.00 $ 48.05 $ 50.00 B Senior Staff Engineer VI (A) $ 47.75 $ 48.81 $ 48.00 B Managing Architect V (A) $ 53.25 $ 54.43 $ 54.50 B Managing Community Planner V (A) $ 45.50 $ 46.51 $ 45.50 B Managing Industrial Hygienist V (A) $ 45.00 $ 46.00 $ 45.00 B Project Community Planner V (A) $ 36.75 $ 37.57 $ 37.50 B Senior Construction Manager V (A) $ 66.00 $ 67.47 $ 66.00 B Senior Project Engineer V (A) $ 51.17 $ 52.31 $ 56.70 B Senior Project Environmental Scientist V (A) $ 44.00 $ 44.98 $ 44.00 B Senior Project Landscape Architect V (A) $ 44.00 $ 44.98 $ 44.00 B Senior Staff Environmental Scientist V (A) $ 39.90 $ 40.79 $ 43.00 B Crew Chief IV (A) $ 38.97 $ 39.84 $ 42.50 B Lead Asset Management Specialist IV (A) $ 63.50 $ 64.91 $ 63.50 B Project Architect IV (A) $ 43.20 $ 44.16 $ 43.20 B Project Engineer IV (A) $ 45.62 $ 46.64 $ 48.80 B Senior Staff Hydrogeologist IV (A) $ 37.00 $ 37.82 $ 37.00 B Staff Architectural Desinger IV (A) $ 36.70 $ 37.52 $ 36.70 B Staff Asset Management Specialist IV (A) $ 58.30 $ 59.60 $ 58.30 B Staff Engineer IV (A) $ 46.04 $ 47.06 $ 49.50 B Staff Environmental Scientist IV (A) $ 35.00 $ 35.78 $ 35.00 B Staff Field Scientist IV (A) $ 35.00 $ 35.78 $ 38.50 B Staff Industrial Hygienist IV (A) $ 37.80 $ 38.64 $ 37.80 B Staff Intern Architect IV (A) $ 44.50 $ 45.49 $ 44.50 B Staff Hydrogeologist III (A) $ 30.30 $ 30.97 $ 30.30 B Architectural Designer I II/1 (A) $ 27.00 $ 27.60 $ 28.00 B Architectural Designer II II/1 (A) $ 31.00 $ 31.69 $ 33.00 B Assistant Landscape Architect I II/1 (A) $ 34.00 $ 34.76 $ 43.00 B Assistant Landscape Architect II II/1 (A) $ 31.70 $ 32.41 $ 31.70 B Community Planner I II/1 (A) $ 27.37 $ 27.98 $ 28.60 B Community Planner II II/1 (A) $ 30.25 $ 30.92 $ 30.50 B Engineer I II/1 (A) $ 36.00 $ 36.80 $ 38.00 B Engineer II II/1 (A) $ 40.35 $ 41.25 $ 43.50 B Engineering Designer I II/1 (A) $ 38.30 $ 39.15 $ 46.00 B Engineering Designer II II/1 (A) $ 49.77 $ 50.88 $ 51.50 B Environmental Scientist I II/1 (A) $ 25.67 $ 26.24 $ 26.00 B Environmental Scientist II II/1 (A) $ 29.67 $ 30.33 $ 30.50 B Chief Inspector IV (N) $ 52.50 $ 53.67 $ 55.00 C Office Engineer IV (N) $ 52.67 $ 53.84 $ 54.00 C Resident Engineer IV (N) $ 54.36 $ 55.57 $ 74.00 C Senior Engineering Technician IV (N) $ 47.37 $ 48.42 $ 50.00 C Senior Inspector IV (N) $ 46.00 $ 47.02 $ 46.00 C Construction Manager III (N) $ 51.07 $ 52.21 $ 53.20 C Inspector III (N) $ 31.00 $ 31.69 $ 37.50 C Senior Environmental Technician III (N) $ 24.00 $ 24.53 $ 24.00 C Senior Inspector III (N) $ 45.24 $ 46.25 $ 51.00 C Engineering Technician II (N) $ 36.50 $ 37.31 $ 37.50 C Environmental Technician II (N) $ 21.95 $ 22.44 $ 22.00 C Industrial Hygienist I I (N) $ 24.35 $ 24.89 $ 25.30 C Contract Specialist N/A $ 41.92 $ 42.85 $ 74.50 B Engineering Aide N/A $ 37.40 $ 38.23 $ 37.40 B Group Technical Assistant N/A $ 23.70 $ 24.23 $ 23.70 B Intern N/A $ 19.86 $ 20.30 $ 21.00 B Senior Group Technical Assistant N/A $ 29.55 $ 30.21 $ 34.40 B UAS Operator N/A $ 42.00 $ 42.93 $ 42.00 B 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 40 hours per week. Page 76 of 204 EXHIBIT A-2 Preliminary&Detailed Design Staffing Table I I I I I I I I I I I I I I I I I I Town of Mamaroneck Colonial Avenue Pedestrian Improvements Barton&Loguidice,D.P.C. PIN#8763.38 Preliminary Design Detailed Design 2026 PIN.121 PIN.221 PIN.222 PIN.121 ASCE(A) is ;; PROJECTED Sect_1,2,3,4 Sect.5 Sect.5 Sect_6, OR I OVERTIME Administration Data Collectoan Prelim Design Environmental ROW ROW Final Design Bidding,Award AVERAGE DIRECT DIRECT DIRECT DIRECT JOB TITLE NICET(N) CATEGORY Section Sectors Sectors Sectors Sectors Section Section Section Total HOURLY LABOR LABOR LABOR LABOR i 2 3 4 5 5 6 7 Hours RATE COSTS COSTS COSTS COSTS Principal IX (A) 2 2 $135.14 $270.28 Senior Associate VIII (A) 24 32 16 2 74 $83.31 $4,665.56 $1,499.64 Associate VIII (A) 8 4 16 16 12 4 60 $73.13 $3,217.81 $1,170.11 Senior Managing Engineer VII (A) 32 16 60 16 32 16 172 $62.56 $7,757.67 $3,002.97 Senior Project Manager VII (A) 20 100 120 $59.29 $1,185.81 $5,929.06 Managing Engineer VI (A) 24 12 36 $56.43 $1,354.28 $677.14 Senior Construction Manager V (A) 16 40 56 $67.47 $3,778.24 Senior Staff Environmental Scientist V (A) 16 16 $40.79 $652.61 Project Engineer IV (A) 48 124 4 160 8 344 $46.64 $8,207.79 $7,834.71 Engineer II II/1 (A) 48 244 200 16 508 $41.25 $12,044.38 $8,909.54 Engineering Designer I 11/1 (A) 10 40 40 90 $39.15 $1,957.61 $1,566.09 Environmental Scientist II 11/1 (A) 72 72 $30.33 $2,183.78 Contract Specialist N/A - 12 12 $42.85 $514.23 Senior Group Technical Assistant N/A 4 4 4 8 20 $30.21 $120.83 $120.83 $120.83 $241.66 TOTALS: 1 82 126 540 124 24 I 488 1 94 1.478 $42.946.83 I $1.306.64 I $6.049.89 I $28.680.11 Sli C0 CD 0 N 0 EXHIBIT A-3 Estimate of Direct Non-Salary Cost PRELIMINARY DESIGN PHASE Town of Mamaroneck Colonial Avenue Pedestrian Improvements Barton & Loguidice, D.P.C. PIN #8763.38 1. Travel, Lodging and Subsistence Trips to Trips Section 1 2 315 miles/trip 630 Section 2 1 315 miles/trip 315 Section 3 3 315 miles/trip 945 Section 4 1 315 miles/trip 315 Round Trips 7 Total Mileage 2,205 @ $0.700 $1,543.50 Tolls 7 28 $/round trip $196.00 $196.00 TOTAL TRAVEL, LODGING,&SUBSISTENCE $1,740 2. Reproduction, Drawings&Report each sheets/set sets Design Phases I-IV Draft Design Document $0.09 150 1 $13.50 Final Design Document $0.09 150 2 $27.00 Draft/Final DAD Color Pgs. $0.99 20 2 $39.60 Informational Brochures(CIr) $0.99 2 50 $99.00 11"x 17"Prints for Reports $0.18 40 2 $14.40 Miscellaneous Copies $0.09 20 5 $9.00 TOTAL DRAWING,REPORT, REPRODUCTION $203 3. Owner's Protective Insurance(Estimated) $0 4. Mail, Postage,Shipping 0 months @ $10.00 per month $0 5. EDR Report $1,550 PIN.121 PRELIMINARY DESIGN DIRECT NON-SALARY COST(DNSC)= $3,492 Page 78 of 204 EXHIBIT A-4 Estimate of Direct Non-Salary Cost RIGHT OF WAY INCIDENTALS Town of Mamaroneck Colonial Avenue Pedestrian Improvements Barton & Loguidice, D.P.C. PIN #8763.38 1. Travel, Lodging and Subsistence Trips to Trips Section 5 8 315 miles/trip 2,520 Round Trips 8 Total Mileage 2,520 @ $0.700 $1,764.00 Tolls 8 25 $/round trip $200.00 $200.00 TOTAL TRAVEL, LODGING,&SUBSISTENCE $1,964 2. Reproduction, Drawings&Report each sheets/set sets Design Phases V Appraisals $0.09 30 4 $10.80 Preliminary Interviews $0.25 10 4 $10.00 Miscellaneous Copies $0.09 20 4 $7.20 TOTAL DRAWING, REPORT, REPRODUCTION $28 4. Mail, Postage,Shipping 4 Maps $15.00 per map $60 PIN.221 Right of Way Incidentals $2,052 Page 79 of 204 EXHIBIT A-5 Estimate of Direct Non-Salary Cost RIGHT OF WAY ACQUISITIONS Town of Mamaroneck Colonial Avenue Pedestrian Improvements Barton & Loguidice, D.P.C. PIN #8763.38 1. Travel, Lodging and Subsistence Trips to Trips Section 5 4 315 miles/trip 1,260 Round Trips 4 Total Mileage 1,260 @ $0.700 $882.00 Tolls 4 25 $/round trip $100.00 $100.00 TOTAL TRAVEL, LODGING,&SUBSISTENCE $982 2. Reproduction, Drawings&Report each sheets/set sets Design Phases V Negotiation Materials $0.25 10 4 $10.00 Miscellaneous Copies $0.09 20 4 $7.20 TOTAL DRAWING, REPORT, REPRODUCTION $17 4. Mail, Postage,Shipping 4 Maps $15.00 per map $60 PIN.221 Right of Way Incidentals $1,059 Page 80 of 204 EXHIBIT A-6 Estimate of Direct Non-Salary Cost DETAILED DESIGN PHASE Town of Mamaroneck Colonial Avenue Pedestrian Improvements Barton & Loguidice, D.P.C. PIN #8763.38 1. Travel, Lodging and Subsistence Trips to Trips Section 6 2 315 miles/trip 630 Section 7 1 315 miles/trip 315 Round Trips 3 Total Mileage 945 @ $0.700 $661.50 Tolls 3 28 $/round trip $84.00 $84.00 TOTAL TRAVEL, LODGING,&SUBSISTENCE $746 2. Reproduction, Drawings&Report each sheets/set sets Design Phases V-VI Black and White 8.5 x 11 $0.09 70 0 $0.00 Color Copies 8.5 x 11 $0.99 17 0 $0.00 Miscellaneous Copies $0.09 100 0 $0.00 Plans(11 x 17) $0.18 40 12 $86.40 $86.40 TOTAL DRAWING,REPORT, REPRODUCTION $86 3. Mail, Postage,Shipping 6 months @ $10.00 per month $60 PIN.121 DETAILED DESIGN DIRECT NON-SALARY COST(DNSC)= $892 Page 81 of 204 Exhibit B,Page 1 Salary Schedule Colonial Avenue Pedestrian Improvements Date 10/27/2025 PIN Name of Consultant:Civil Tec Engineering&Surveying P.C. Actual Max. Max. Max. ASCE(A) Hourly Hourly Hourly Hourly CT JOB TITLE NICET(N) Rates Rates Rates Rates Overtime Grade Jan-25 Jan-26 Jan-27 Jan-28 Category Principal IX(ASCE) $110.00 $113.30 $116.70 $120.20 A QC Manager V(ASCE) $48.00 $49.44 $50.92 $52.45 A Sr.Survey Manager L.S. V(ASCE) $65.00 $66.95 $68.96 $71.03 B CADD Specialist III(N) $42.00 $43.26 $44.56 $45.89 C CADD Specialist IV(N) $49.00 $50.47 $51.98 $53.54 C Party Chief(Office) III(N) $40.00 $41.20 $42.44 $43.71 C Instrument Person(Office) II(N) $35.00 $36.05 $37.13 $38.25 C Party Chief(Field) III(N) $51.16 $52.69 $54.28 $55.90 C I Instrument Person(Field) II(N) $42.44 $43.71 $45.02 $46.38 C NOTES: Hourly rates shall not exceed those shown above. Party Chief/Instrument Person Field rates will be based on current Prevailing Rates at the time the work commences. New Prevailing Rates are posted on July,01 for each year 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 40 hours per week. Week is defined as Monday through Sunday. Holidays count towards 40 hours. Page 82 of 204 Exhibit B,Page 2 Staffing Table Colonial Avenue Pedestrian Improvements 10/27/2025 PIN Name of Consultant:Civil Tee Engineering&Surveying P.C. Tasks JOB TITLE ASCE(A) OR 2.01 2.02 2.01B 2.01C 5.02 5.03 2026 DIRECT NICET(N) Design Design Stream Supplemental Row Row TOTAL HOURLY TECHNICAL GRADE Survey Mapping Sections Survey Survey Mapping HOURS RATE LABOR Principal P.E IX(ASCE) 1 1 $113.30 $113.30 QC Manager V(ASCE) 2 2 $49.44 $98.88 Sr.Surveyor Manager LS V((ASCE) 2 2 2 4 10 $66.95 $669.50 CADD Specialist III(N) 20 16 36 $43.26 $1,557.36 Senior CADD Specialist IV(N) 8 4 12 $50.47 $605.64 Party Chief(Office) III(N) 8 4 12 $41.20 $494.40 Instrument Person(Office) II(N) 8 4 12 $36.05 $432.60 Party Chief(Field) III(N) 16 8 24 $51.16 $1,227.84 Instrument Person(Field) II(N) 16 8 24 $42.44 $1,018.56 Total 53 22 0 0 34 24 133 $6,218.08 a) (0 CO W 0 10/28/2025 IV 0 Exhibit B, Page 3 Direct Non-Salary Costs Colonial Avenue Pedestrian Improvements Date 10/27/2025 PIN Name of Consultant: Civil Tec Engineering & Surveying P.C. 1. Travel & Lodging Lodging 0 nights Lodging & Meal per diem per person = $178.00 $0.00 Mileage 3 trips @ 120 miles per trip = 360 miles @ $0.655/mile = $235.80 3. Supplemental Benefits Hours Rate Total Party Chief 24 $24.53 $588.72 Instrument Person 24 $24.53 $588.72 Total Supplemental Wages $1,177.44 $0.00 $0.00 $0.00 $1,177.44 Total 1,413.24 10/28/2025 Page 84 of 204 Exhibit B Page 4 Summary Colonial Avenue Pedestrian Improvements Date 10/27/2025 PIN Name of Consultant: Civil Tec Engineering & Surveying P.C., P.C. Item IA, Direct Technical $6,218 Salaries (estimated) subject to audit Item IB, Direct Technical $0 Salaries Premium Portion of overtime subject to audit (estimate) Item II Direct Non- Salary Cost (estimated) $1,413 subject to audit Item III, Overhead $8,643 (estimated)subject to audit Item IV, Fixed $1,486 Fee (negotiated) Item II Direct Non- $0 Salary Cost (estimated) subject to audit (Sub-Consultant Cost) Total Estimated Cost $17,760 MAP $18,000 10/28/2025 Page 85 of 204 EXHIBIT C Summary Town of Mamaroneck Colonial Avenue Pedestrian Improvements Barton&Loguidice,D.P.C. PIN#8763.38 Preliminary ROW ROW Detailed Design Incidentals Acquisitions Design 8763.38.121 8763.38.221 8763.38.222 8763.38.121 Total Total Total Total Total Item IA,Total Labor Costs based on $42,947 $1,307 $6,050 $28,680 $78 983 Specific Rates Item IB,Direct Technical Salaries Premium Portion of overtime subject to audit(estimate) $0 $0 $0 $0 $0 Item II,Direct Non- Salary Cost(estimated) subject to audit $3,492 $2,052 $1 059 $892 $7495 Item II Direct Non- Salary Cost(estimated) subject to audit (Sub-Contractor Cost) $0 $0 $0 $0 $0 SMPR $2,000 $2,000 Miller,Mannix,Schnacter,8 Hefner $3,200 $3,200 Item II Direct Non- BBG $7,200 $7,200 Salary Cost(estimated) Fanelli Appraisals $1,500 $1,500 subject to audit (Sub-Consultant Cost) Survey,ROW Mapping Civil Tec(DBE) $18,000 $18,000 Item III,Overhead (estimated)subject to audit Office Rate 171% $73,439 $2,234 $10,345 $49,043 $135,062 Item IV,Fixed Fee (negotiated) $15,800 $500 $2 300 $10,500 $29,100 Sub-Totals $153,678 $19,993 $19,754 $89,115 Total= $282,540 Total PIN 8763.41.221(ROW Incidentals)_ $19,993 Total PIN 8763.41.222(ROW Acquisition)_ $19,754 CO Total PIN 8763.41.121(Phase 1 through 7)_ $242,793 CD CO Maximum Amount Payable= $282,540 (A 0 N) Local Law No. -2025 This local law shall be known as the "Temporary Suspension of Chapter 99 of the Code of the Town of Mamaroneck" law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose- The Town Board finds that the Town should conduct a review of the Town's laws on Filming and Videotaping to determine whether its provisions should be amended. Section 2- Suspension of a current chapter of the Mamaroneck Code: Chapter 99 of the Code of Mamaroneck hereby is suspended from the effective date of this local law until May 31, 2026. Unless amended on or before May 31, 2026, Chapter 99 as it exists on the effective date of this local law shall go back into effect on April 1, 2026. 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. October 17,2025 Page 87 of 204 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 Wednesday, December 3, 2025, at 8:00 PM or as soon thereafter as is possible, to consider the"Temporary Suspension of Chapter 99 of the Code of the Town of Mamaroneck" law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: The Town Board finds that the Town should conduct a review of the Town's laws on Filming and Videotaping to determine whether its provisions should be amended. 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: November 25, 2025 Page 88 of 204 PUBLIC HEARING TOWN OF MAMARONECK, NEW YORK PRELIMINARY 2026 TOWN BUDGET and PRELIMINARY TOWN OF MAMARONECK FIRE DISTRICT #1 BUDGET NOTICE IS HEREBY GIVEN,that the Town's Preliminary Budget and the Mamaroneck Fire District Preliminary Budget for the fiscal year beginning January 1, 2026, have been compiled and filed in the office of the Town Clerk at the Town Center, 740 West Boston Post Road, Mamaroneck, New York,where they will be available for inspection by any interested person during office hours.They may also be viewed on the Town's website at https://www.townofmamaroneckny.gov. FURTHER NOTICE IS HEREBY GIVEN,that the Town Board of the Town of Mamaroneck will meet to review and will hold a public hearing to consider whether to adopt the Town's Preliminary Budget and the Mamaroneck Fire District's Preliminary Budget as the Final Budgets for the fiscal year beginning January 1, 2026. The public hearing will be held at the Town Center, 740 West Boston Post Road, Mamaroneck, New York at 8:00 p.m.,or as soon thereafter as time permits, on the 3rd day of December 2025. At such hearing, any person may be heard in favor of or against the preliminary budgets as compiled, or in favor of or against any item or items therein. Pursuant to Section 108 of New York State Town Law,the proposed salaries of the following officials are hereby specified: Supervisor $ 43,093 Councilmembers, each (4) $ 6,895 Town Justices, each (2) $ 24,132 Town Clerk $112,136 The Town of Mamaroneck is committed to equal access for all citizens. Anyone needing accommodation to attend or participate in this meeting is encouraged to notify the Town Clerk in advance.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://Imcmedia.org. BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK To Be Published November 25, 2025 Page 89 of 204 TOWN OF mAMARONECK 2026 ,'-'41-'f.,if---...S 0,.-.e.,,,I,,,.0.,s',. P-,-",t-'-'--,''.'.,..‘-..1‘„,\—''•',,,,'-.k_,1'____ LIP RE LIMINARY ' moAt° 1C1 BUDGET ?40 W.gosc0'1 post ROAD_ — I I nil sL AEIrjel Budget Goals and Strategies ! ...4, ir, Support Healthy , Communities , rE { s A Create Safer' Connections Enhance Resiliency !� •• Strengthen 4. 7Town's ```..gar � Economic Health . . • ,'' w� . • .,`i v �` 2026 PRELIMINARY 4..,„„ • • . r BUDGET . . . . - HIGHLIGHT -, ,___ 41 The 2026 budget includes 1 0 'Nr T Levy Increase is $3.3 m for capital projects on FRFST 2.83/o = State Tax a pay-as-you-go basis, - '447-ss Cap :. ,- resulting in substantial w' savings on future debt r IL" service and borrowing costs. I Townwide Inc= $292 This budget gets the Town Mr Village Inc= $24 closer to being structurally s,Ep,E�. ' �... The Town will be i n balanced with more ..EN1ENf compliance with bond rating flexibility in the future to MARKETING agency guidelines if the s fund the Towns capital �,�st% r revenues and expenses meet X E II sL c PLANNING the proposed budget and 4it needs. .E.p11,, p p g T UEWLOMENT ✓ �, maintain Aaa bond rating NNANCEp�Ok�� 3 2026 BALANCING ACT TO BALANCE THE BUDGET: SAVINGS (FUND BALANCE) =$1.6 million REVENUE = Tax Levy= $35.6 $20.9 million million XPENSE BUDGET INCREASES A • Salaries $ .4k • NYSHIP- 10% Medical Insurance .6k n �� • NYS Pension Increase .3k • Contractual- Sanitation services .2k • Contractual- Utilities .1k • Contractual- 2025 One time (.6k) • Transfer to capital 1 .2k • Debt Service .2k Total Expense Increase $2.4m 5 2026 EXPENSES = $58.lm ____ 2026 2025 $20,000,000 $19,353,206 $1a 968 451 41111/ $15,OOO,OOO $14,815,63/ $14,561,5/6 $14,S43,3/z S1 9961,2z) $I0,OOO,OOO $5,OOO,OOO4,452,492 $4,264,051 $3,34/,490 $2,121,000 $957,700 $951,625 $625,290 $640,790 $0 �ti �� titi� 9 GHQ cti- 'tiQ �� 04` a �t pQ 4ati. 4����� Q�o9 �� ti ti �• .� 1 6 ** —afte REVENUE BUDGET INCREASES • Prope ax evy ..1 mi ion • Water Fees .8 • Police Special Duty .2 • Ambulance Fees .3 • Recreation Fees .2 • Investment Income .2 • Tax Penalties .1 • Appropriated Fund Balance- Capital .3 • Appropriated Fund Balance- Operating (.9) • Various .2 Total Revenue Increase $2.4 k • Y BUDGET • MP 2025 2026 $ %of 2026 Budget Adopted Preliminary Variance Budget Change Expenditures $55,750,512 $58,113,391 $2,362,879 100% 4.2% Tax levy $34,633,500 $35,612,000 $978,500 61.3% 2.8% Non-Property Tax Revenue $18,877,812 $20,875,691 $1,997,879 35.9% 10.6% Appropriated Fund Balance-Ops $1,297,200 $340,500 ($956,700) .6% (73.8%) Appropriated Fund Balance-Capital $942,000 $1,285,200 $343,200 2.2% 36.4% 8 UPDATES TO TENTATIVE BUDGET TOTAL DECREASE= $306,200OP SALARIES DECREASE EVENU ($78,500) UTILITIES INCREAS DECREASE REAL PROPERTY TAXES $24,100 ($32,400) DECREASE ($392,000) 0 CAPITAL PROJECTS DECREASE APPROPRIATED FUND \ ($216,300) BALANCE INCREASE $61,700 CONTRACTUAL r - - INCREASE $21,000 9 p v.� 2026 Town Tax Increase For Average Price House Village Annual Tax Increase Townwide Annual Tax Increase $800 $721 $600 $551 $412 $406 $400 $292 $200 $108 $150 $57 $13 ,$24 $o 2022 2023 2024 2025 2026 10 APPROPRIATED FUND BALANCE HISTORY • Operations Capital ITTITP $3,500,000 $3,000,000 $2,500,00o1_7 I _ $2,000,000 $1,500,000 $1,000,000 $500,000 ✓ .. $o 2016 20P7 2018 2019 2020 2021 2022 2023 2024 2025 2026 � \a o 2026 TAX LEVY 2025 TAX LEVY $34,633,500 TAX LEVY CAP @ 2.83% $ 981,800 a 0 TAX LEVY @ Cap $35,615,300 2026 PRELIM TAX LEVY $35,612,000 2026 TAX LEVY INCREASE $ 978,500 n TAX LEVY INCREASE % 2.83% 0 ro `-) TAX RATES-TOWN 2026 Town Tax Rate Per $11( Assessed Value $5.53 2025 Town Tax Rate Per $11( AV $5.55 TAX 2026 Town Tax Rate Increase (.26%) 2026 Town Tax (Per average AV $1.7om) $9,448 2025 Town Tax (Per average AV $1.65m) $9.156 2026 Town Tax Increase $ 292 2026 Town Tax % Increase 2.28% 13 TAX RAT Eis_v L LAG Es 2026 Town Tax Rate for Villages Per $ik Assessed Value $.63 2025 Town Tax Rate for Villages Per $ik AV $.64 2026 Town Tax Rate for Villages Decrease (i.i6%) 2026 Town Tax for Villages (Per average AV $1.7o81m) $1,075 2026 Town Tax for Villages (Per average AV $1.651m) $ 1,051 2026 Town Tax for Villages Increase - $ 24 2026 Town Tax for Villages % Increase = 1 , � 2.28% 14 TAX BILL BREAKDOWN 111 Village of Mamaroneck Village of Larchmont Taxes= 0. Taxes=$38,889 $36,175 Town Taxes Town Taxes County Taxes $1,075 AM16, 111 County Taxes $1,075 $5,471 X 3°k $6,179 3% X 14% 17% 55% 59% School Taxes 28% $21,266 Town Residents=$36,185 21% School Taxes Village Taxes County Taxes Village Taxes $21,266 $11,077 $5,471 $7,655 15% 26% 59% Town Taxes >1 $9,447 School Taxes $21,266 15 FUND BALANCE FUND BALANCE: Estimated as of 1/1/26 $22.2 million Revenue - 2026 Tentative Budget $56.5 Expenses - 2026 Tentative Budget _($58.1), FUND BALANCE: Estimated as of 12/31/26 $20.6 million 35.6% of Expenses 42.5% of Revenues Moody's, the Town's bond Town Needs 4 months of rating agency Total expenses of recommends maintaining $18.6 million a fund balance of 40% revenues L 0 16 $12 . 6 Capital Improvement Plan Alt yIWO ' 1Water System Other Projects Band Costs $ Cos CAPITAL PROJECTS BY TYPE Improvements $2'3,`"� $1,815,290 2`' 1% Vehicles&Equipment 14% $716A0d Town Buiding 6% Improvements $1,223,00o Sanitary Sewer 10% System $4100,000 ;1. `,mil 18% . Recreation Fadities '4 $896,700 .-. - i 7% - - _ Information Technology .. i .._ $- 0% C [ Roadway&Highway Improvements PROJECT 51,8384000 - Storm Drainage 14% 1 Improvements 0 $3,656,500 1 Z9% p J , y $12 . 6 Capital Funding Plan . , _ __ fl REFUTING BUDGE" • 46 " TRANSFER '32,062,294 it 41. A., '‘ 16% , Al . FUND BALANCE itqh � = ' $1255,200 ;.. 1. lin X Z\ OFS7,432,444 f�4N0'5r Sti LOCAL SERVICES Immo `/ $1,816,250 �/ SS% o SL p 8 Five Year Capital Approximately 75% of the 2026 Capital Projects are storm drainage, sewer Budget projects, roads, sidewalk and water projects. $14,000,000 $12,595,740 $12,000,000 $10,228,510 $10,188,275 $10,000,000 $8,758,765 $8,193,010 $8300030OO $7,175,119 $6,OOO,OOO $4,000,000 $2,000,000 ILI $O 2021 2022 2023 2024 2025 2026 Major Capital Projects PROJECT DESCRIPTION AMOUNT 411- VI Construction of flood mitigation storm sewer improvemen Storm Drainage $3,656,500 based on the comprehensive drainage evaluation project. Sewer Projects Baldwin Ave pump station construction including a generator $2,100,000 16.67% Design was funded in 2025. il Roads & Renovation of Madison Ave streetscape to include stormwate Highway infrastructure measures. Roadway reconstruction and sidewalk 1,838,000 4.6°/- and curbs,streetlights. Water System Rye Lake Filtration Plant Construction. $1,815,290 Improvemets Town Building! Senior Center,Town Center third floor bathrooms,Town share 888,000 Improvements of demolishing the sanitation facility incinerator ab Recreation Design development for the Town's recreation fields; shad $510,000 4.0% SL p Projectsructures/trees for Memorial Park playground; la 20 PENDING BUDGET ADJUSTMENTS A NYSH I P Rates- TBD )( C Library Funding $19k own's Share of Larchmont-Mamaroneck T k Joint Garbage Commission CRecreation Master Plan C Salary Adjustments BREAKING NEWS 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 Wednesday, December 3, 2025, at 8:00 PM or as soon thereafter as is possible, to consider the"Local Law Authorizing a Property Tax Levy in Excess of the Limit Established in General Municipal Law§3-c" Law, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. Purpose: It is the intent of this local law to allow the Town of Mamaroneck to adopt a budget for the fiscal year commencing January 1, 2026,that requires a real property tax levy in excess of the "tax levy limit"as defined by General Municipal Law§3-c. 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: November 25, 2025 Page 112 of 204 Local Law No. ? - 2025 This local law shall be known as the "Local Law Authorizing a Property Tax Levy in Excess of the Limit Established in General Municipal Law §3-c" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 — Purpose: It is the intent of this local law to allow the Town of Mamaroneck to adopt a budget for the fiscal year commencing January 1 , 2026, that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c. Section 2 —Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government's governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3 - Tax Levy Limit Override: The Town Board of the Town of Mamaroneck, County of Westchester, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2026, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4 — Severability: If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5 - Effective Date: This local law shall take effect immediately upon filing with the Secretary of State. Page 113 of 204 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 December 3, 2025, at 8:00 PM or as soon thereafter as is possible, to set the rate per gallon or per cubic foot of water consumption to be used in determining the sewer rent for 2026, at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York. 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: November 25, 2025 Page 114 of 204 C u1 ` # t Town of Mamaroneck Comptroller, Town Center FOUNDED 1561 740 West Boston Post Road, Mamaroneck, NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: November 19, 2025 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Set Public Hearting for Proposed 2026 Sewer Rent Rate General: Local Law #7 adopted in 2014 provides for establishing a sanitary sewer rent as an alternative to the ad valorem tax to fund the operation and maintenance of the sanitary sewer system. Section 174-3 of the legislation requires that the Town Board annually set the sewer rent rate per gallon based upon water consumption. The rate is calculated by dividing the revenue required to operate the sanitary sewer system by the adjusted water consumption of all system users. A public hearing must be held by the Town Board to consider any change in the sewer rent rate. There are 3,144 billed water accounts in the unincorporated Town. There are an estimated 67 properties in the unincorporated area that utilize septic systems and therefore not connected to the sewer system. Below is a listing of water sales in the unincorporated area for the last three full years: • 2024 Actual 416,298,000 gallons • 2023 Actual 407,813,000 gallons • 2022 Actual 443,300,000 gallons Three-year average water sales- 422,470,333 gallons Average annual water use for a residential property is 130,366 gallons. This is the average of annual water use with and without irrigation based upon the average of the last three years of total water use in the Town. With 67 properties not connected to the sanitary sewer system and an average residential water consumption of 130,366 gallons; 12,600,808 gallons of water is deducted from the average water sales for purposes of the calculation of the sewer rent. The law provides that the sewer rent to be charged is based upon 90% of the actual water consumed. Therefore, for rate calculation purposes the adjusted annual water sold is determined as follows: Page 199 of 204 Three-year average water sales 422,470,333 gallons Deduction for properties not connected to the sanitary sewer system 12,600,808 gallons Subtotal 409,869,525 gallons Allowance for 90% of actual average water consumption 40,986,953 gallons Adjusted water sales for rate calculation 368,882,573 gallons The 2026 expense budget of $773,000 has remained the same as the 2025 Budget with just a few variances. The 2026 Budget includes the use of $301k of fund balance in the Debt Service account that reduced the debt service required to be transferred from the Sewer District operating fund by $64k. A capital project is included in the 2026 capital plan for the Sewer District to replace the Baldwin Ave Pump Station that was built in 1989. The station has had numerous successive pump and control failures based upon its age and design. Dull pump replacement is recommended as the best alternative to provide efficient and reliable operation. The estimated cost to replace this pump is $2.4 million including design and construction. The 2026 Budget includes $247k or a $47k increase towards this project that will save residents future debt service costs over the next 40 years. These funds will be utilized for design/engineering cost overruns and change orders for the project. Other operating expense increases total $17k. As water usage has been rather volatile, the 2026 Budget includes a contingency of $145k for revenue shortfalls. Weather conditions and water usage vary year to year and requires a contingency to fund any unexpected conditions. Therefore, the rate calculation is $773,000/368,882,573=$.00209552/gallon, an increase of $.00000304/gallon over 2025. For an average residential consumer using 130,366 gallons of water per year the property owner will be billed for 90% of the consumption or 117,329 gallons. As a result, the average annual sewer rent for 2026 will be $245.87, a slight decrease of $.36 or (.15%) over 2025. In summary, the good news is that there will be no increase in the Sewer Rent rate in 2026 and rates will remain the same. Procedurally, the Town Board must hold a public hearing on the proposed sewer rent rate to be set each year. Attachment/s: Page 206 of 204 2026 Sewer Rent Presentation 11-19-25 Page 207 of 204 r NI r ! �-'` I r r r `mow` TOWN OF MAMARONECK 2026 SEWER RENT RATE HEARING ,,.,,, ,ag RBI .,- ---� - - - �-�,,� 3 („.., . .. rr TOWN OF MAMARONECI( !. =' SEWER I'. CTION UNIT 1tit - 9 .tf 1::I NOVEMBER 19, 2025 464- ,k:i:o' ::4: , Q >, ,7, y vvv w w w w Page 118 of 204 What Rent? Sewer Rent is a fee that is charged to �-- those property owners that utilize the Town's Sanitary Sewer System Sewer Rent is charged as a substitute a', to an ad valorem property tax for sanitary sewer maintenance, operating -- expenses and capital investments. II Ar Page 119 of 204 What about water consumed Water that is used for irrigation or other that does not enter the sewer outdoor purposes generally does not system? enter the sanitary sewer system. ... ,, :tuom •'*'?• • _ = . . a To account for this type of water consumption property owners are billed for only 90% of the water actually consumed. A 10% discount factor has R:4 been incorporated into the sewer rent calculation. Page 120 of 204 How will the w •V MAMARONECK NY 10543 Refer to your customer number. t 914 698-3500 Keep this portion o1 bill for your records. 1 See reverse s'do for important informalion Service address:BALDWIN AVE sewer rent BILLING PERIOD CUSTOMER NUMBER FROM TO NO.DiAYB 1 205-2140-11730 07+25/2022 08/25/2022 31 METER READINGS METER - CONSUMPTION charge be NUMBER Reeding Previ Code ous R;e ding Curl , Cods DI ICIO•OFVFW MT 65512912 7615 ACT 7688 ACT 73 STATEMENT OF CRIMES DATE Mu DESCRIPTION b i L.L.e d 0825122 Wale;Charges•54.604 Gallons (Includes Service Charge) 08/25/22 E cess Per Capita Use Surcharge 08/25/22 Sewer Rut_ erg PLEASE PAY THIS AMOUNT BY 0911 512 02 2 Sewer rent Water charges are Billing of the sewer Bills/Sewer added to your rent is done by the Rents are current water Westchester Joint bill. Water Works. issued monthly. CI, 0 (3) >>> Page 121 of 204 2026 d —F SEWER BUDGET a . 01ro . - r Sewer Budget is _ RATE $773,000 r NO BUDGET INCREASEeil 11'. s . 1 41 ° 110 © BUDGET CHANGES: 10: , •, is xi r °I • Reduced $64k from debt service fund - balance to reduce annual debt service 'u. . cost • Increase for Baldwin Ave Pump Station NA" NA" Capital project funding of$47k iLiA • Increase for operating expenses of$17k including utilities,salaries TOTAL BUDGET INCREASE= $O ° Page 122 of 204 flw@ How is the Sewer Rent CaLcuLated ? GOOn �Eyvs, The sewer rate is • calculated by dividing the ,,,,c ) total revenue needed to Average Water Usage per perate the sewer system Household = 13D,366 Gals/Yr by the total water Average Annual consumption for the Year Rate Gal Sewer Bill unincorporated Town. ' ' 87 2Q25 0.002099 246.22 (Q.DDDDD3) 00..36) THERE WILL NOT BE A ( 0 SEWER RENT INCREASE IN III 2026 >>> Page 123 of 204 o u `" m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator CC: Tracy Yogman, Town Comptroller Re: Fire Claims Date: December 3, 2025 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 124 of 204 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: December 3, 2025 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Fire Claims General: Attached is the list of fire claims for approval. Attachment/s: FIRE CLAIMS-11-25-25 Page 125 of 204 TOWN OF MAMARONECK FROM: TRACY YOGMAN-TOWN COMPTROLLER RE: Fire Claims Date December 3,2025 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 AAA Emergency Supply (3)hydrotest,(3)refill scott cylinder,(9)EMS gloves $ 947.55 All Hands Fire Equipment FAST Board with internal LED lights 2,950.25 Twin XL sheet set,2 layer switch,Halloween decor for fire prevention display,inspection dinner Amazon plaques,monitor mount,inspection dinner supplies 591.81 Verizon Fire HQ service 11/10/25-12/9/25 308.75 Village Pizza&Pasta Halloween prep meeting,EVOT competency drill,Bldg.maint meeting meals 276.85 Total $ 5,075.21 Page 126 of 204 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: Carol Murray, Civil Engineer Robert P. Wasp, Town Engineer Re: Architectural/Engineering Consultant Agreement - PIN 8763.38 - Colonial Avenue Pedestrian Improvements Date: December 3, 2025 Attached please find a memo from Deputy Town Engineer, Carol Murray, recommending contract award to Barton & Loguidice, D.P.C. for professional engineering consultant services to implement the design phase of Colonial Avenue Pedestrian Improvements project. Design tasks performed under this contract will be 80% reimbursable through a TAP grant recently awarded to the Town. Consultant services are recommended for this phase of the project to ensure compliance with Federal and State requirements and maintain the project's grant eligibility. Action Requested: Resolved that the Town Board hereby authorizes the agreement with Barton & Loguidice, D.P.C. as presented, in accordance with the requirements of the NYSDOT TAP grant, and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Memo_Rec. Consultant Auth_11.25.2025 PIN 8763.38 - Town of Mamaroneck- Colonial Avenue Agreement Page 127 of 204 0 Its S�$ Mamaroneck TEL:914/381 7835 m E � .nt, Town Center FAX:914/381-8473 74( _0 .`" Z Road, Mamaroneck, NY 10543-3353 o 'FOUNDED 1661 ' , P.E., C.D.T. rwasp@townofmamaroneckNY.org Town Engineer INTERDEPARTMENT MEMORANDUM DATE: November 25, 2025 TO: Meredith Robson, Town Administrator CC: Tracy Yogman, Town Comptroller FROM: Carol Murray, P.E., Deputy Town Engineer SUBJECT: Recommendation of Consultant Selection& Authorization of Agreement PIN 8763.38—Colonial Avenue Pedestrian Improvements Project GENERAL: The Colonial Avenue Pedestrian Improvements Project proposes installation of new sidewalk along Colonial Avenue between the intersections of Weaver Street and Daymon Terrace in the Town of Mamaroneck. The project will connect two existing segments in the sidewalk network in close proximity to Murray Avenue School. The full scope of work includes new curbing, ADA-compliant curb ramps, and roadway drainage improvements. Funding for this project was received in the form of a 2023 Transportation Alternatives Program (TAP) grant award. TAP funds are made available through the Federal Highway Administration and are administered by the New York State Department of Transportation (NYSDOT). The grant award provides 80%reimbursement of eligible project expenses - $1,224,480 of an estimated total project cost of$1,531,000. Authorization to proceed to design phase was received from the NYSDOT Local Projects Unit in March of this year. Subsequently, 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. Three (3)responses were received 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,knowledge of federal and state requirements, and experience with the NYSDOT TAP program. The proposal from Barton& Loguidice was determined to be most qualified based upon our rankings and previous experience working with the Town on various local transportation projects. The provided contract proposal includes professional engineering consultant services for the Preliminary Design, Final Design, Right-of-Way Acquisition and Incidentals phases in accordance with Federal and NYSDOT Local Projects requirements. The contract fee total is $282,540.00, of which $226,032.00 is anticipated to be eligible for reimbursement through TAP funding. Available budget in Town Capital Project H5199 is sufficient to authorize the recommended contract award. Please feel free to contact me with any questions. Page 128 of 204 Architectural/ Engineering Consultant Agreement PIN (s) 8763.38 Municipal Contract No. Agreement made this day of , by and between TOWN OF MAMARONECK (municipal corporation) Having its principal office at 740 West Boston Post Road Mamaroneck, New York 10543 (to be known throughout this document as the "Sponsor") and BARTON & LOGUIDICE, D.P.C. with its office at 10 Airline Drive, Suite 200, Albany, New York 12205 (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 Colonial Avenue Pedestrian Improvements (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, the Town Administrator, Meredith S. Robson, 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 ■ Attachment"B"—Scope of Services; "Architectural/Engineering Consultant Agreement"; ■ Attachment "C" - as applicable, Staffing Rates, Hours, Reimbursables and Fee. ■ Attachment"A"- Project Description and Funding; 1 Page 129 of 204 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 on 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. (Continued next page) 2 Page 130 of 204 • 3.1 Cost Plus Fixed Fee Method ITEM DESCRIPTION OF ITEMS WITHIN METHOD APPLICABLE RATE/AMOUNT INTERIM PAYMENTS OR PERCENTAGE Item I • Actual cost incurred in the • The CONSULTANT • Actual Direct Technical Salaries, regular time plus straight time portion of performance of this contract as shall be paid in overtime compensation of all employees assigned to this PROJECT on a full-time identified in Attachment C or (fill in timeframe) basis for all or part of the term of this Contract, plus properly allocable partial otherwise approved in writing by progress payments based salaries of all persons working part-time on this PROJECT. the Sponsor or its on the maximum salary representative. rates and allowable costs • The cost of Principals', Officers'and Professional Staffs'salaries(productive incurred during the period time) included in Direct Technical Salaries is eligible for reimbursement if their • Not to exceed the maximum as established in comparable time is also charged directly to all other projects in the same manner. allowable hourly rates of pay Attachment C. Otherwise, Principals' salaries are only eligible as an overhead cost, subject to described in Attachment C of the current limitations,generally established therefore by the Sponsor. • this Contract,all subject to audit. • Bills are subject to approval of the Sponsor • If,within the term of this Contract,any direct salary rates are paid in excess ■ Actual overtime premium and Sponsor's of the maximums shown in Attachment A,the excess amount shall be borne by portion of Direct Technical Representative. the CONSULTANT WITHOUT REIMBURSEMENT either as a direct cost or as Salaries,all subject to audit and part of the overhead allowance prior approval by the Sponsor. Item II Actual Direct Non-Salary Project-related Costs incurred in fulfilling the terms of All reimbursement for travel, this Contract;all subject to audit. meals and lodging shall be made at actual cost paid but such reimbursement shall not exceed the per diem rates established by the NY State Comptroller.All reimbursement shall not exceed the prevailing wage rates established by the NYS Department of Labor. Item III Items required to be purchased for this Project not otherwise encompassed in Salvage value Direct Non-salary Project-related Costs, which become the property of the Sponsor at the completion of the work or at the option of the Sponsor. co 3 CD 0 N O • 3.1 Cost Plus Fixed Fee Method ITEM DESCRIPTION OF ITEMS WITHIN METHOD APPLICABLE RATE/AMOUNT INTERIM PAYMENTS OR PERCENTAGE Item IV • Overhead Allowance based on actual allowable expenses incurred during the • The overhead allowance shall term of this Contract,subject to audit. Submitted overhead amounts will be be established as a audited based upon the Federal Acquisition Regulations (FAR), sub-part 1- percentage of Item IA only 31.2 as modified by sub-part 1-31.105,and applicable policies and guidelines (Actual Direct Technical of the Sponsor, NYSDOT and FHWA. Salaries)of this ARTICLE,and shall be a FAR compliant rate • For the purpose of this Contract, an accounting period shall be the initially established as 171%, CONSULTANT's fiscal year. An audit of the accounting records of the in all events not to exceed CONSULTANT shall be made by the Sponsor for each accounting period. For 195/°,subject to audit. monthly billing purposes, the latest available overhead percentage established by such audit shall be applied to the charges made, under Item IA of this subdivision to determine the charge to be made under this Item. Item V • Negotiated Lump Sum Fixed Fee. • A negotiated Lump Sum Fee which in this CONTRACT shall equal$29,100. • Payment of the Fixed Fee for the described scope of services is not subject to pre-audit and is not subject to review or modification based on cost information or unless this Contract is formally amended or supplemented by reason of a substantial change in the scope, complexity or character of the work to be performed. Item VI The Maximum Amount Payable under this Contract including Fixed Fees unless Maximum Amount Payable this contract is formally amended or supplemented by reason of a substantial under this Method shall be change in the scope,complexity or character of the work to be performed. $282,540.00. 4 CD w N 0 N O 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. II. Records of Direct Non-Salary Costs; III. Copies of any subcontracts relating to said contract; IV. Location where records may be examined; and V. 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. 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 5 Page 133 of 204 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 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. 6 Page 134 of 204 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, 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 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. 7 Page 135 of 204 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 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 8 Page 136 of 204 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 26.291)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. 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. 1 http://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&s id=936406b 1 c92895795069232a53fb 110f&rg n=d iv8&view=text&node=49:1.0.1.1.20.2.18.5& idno=49 9 Page 137 of 204 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. 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 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. 10 Page 138 of 204 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) 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. 11 Page 139 of 204 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 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. MUNICIPAL ADVISOR SERVICES ARE EXCLUDED. The services to be provided by CONSULTANT under this Contract do not include advice or recommendations with respect to the issuance, structure, timing, terms or any other aspect of municipal securities, municipal derivatives, guaranteed investment contracts or investment strategies. Any opinions, advice, information or recommendations provided by CONSULTANT are understood by the parties to this Contract to be strictly engineering opinions, advice, information or recommendations. CONSULTANT is not a "municipal advisor" as defined by 15 U.S.C. 780-4 or the related rules of the Securities and Exchange Commission. The other parties to this Contract should determine independently whether they require the services of a municipal advisor. ARTICLE 32. CLAIMS AND DISPUTES. 32.1 General 32.1.1 The Sponsor and CONSULTANT shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Sponsor and CONSULTANT waive all claims and causes of action not commenced in accordance with this Section 32.1.1. 12 Page 140 of 204 32.1.2 To the extent damages are covered by property insurance, the Sponsor and CONSULTANT waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance. The Sponsor or the CONSULTANT, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. 32.1.3 The CONSULTANT and Sponsor waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement. 32.1.4 To the fullest extent permitted by law, CONSULTANT shall indemnify Sponsor, its officers, employees, agents, board members, committee members and volunteers from to the extent caused by the negligent acts of CONSULTANT's employees. The Sponsor shall indemnify CONSULTANT and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorney's fees arising out of or resulting from (i) negligent acts and omissions of Sponsor's employees and their agents; or(ii) breach of any of Sponsor's obligations under this Agreement. 32.2 Dispute Resolution 32.2.1 The parties agree to resolve all claims, disputes or controversies in relation to the interpretation, application or enforcement of this Agreement initially pursuant to informal negotiations. If the parties are unable to resolve their dispute within sixty (60) days, the parties thereafter agree to resolve any dispute pursuant to litigation in the Supreme Court, Westchester County, New York. 13 Page 141 of 204 IN WITNESS WHEREOF, the parties have duly executed this Contract effective the day and year first above written. Reference: Sponsor Contract# Sponsor (Town of Mamaroneck) Consultant (Barton & Loguidice, D.P.C.) by: by: :::?7_4„.....,,,, C&-.e-a Date: Date: IC5/3 f/& STATE OF NEW YORK ss: COUNTY OF 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. STATE OF NEW YORK �� ss: COUNTY OF On this a t S day of ,,0,a5 before me, -Thhr1r1CCN 0.`50.4 r personally appeared to me known,who, being by me duly sworn, did depose and say; that he resides in the-MuO r . Of C ( r'il .Q . , New York; that he is the a-11)6r Q�5bc.{ de of Barton & Loguidice, D,P.C., the corporation described in and which executed the foregoing instrument; that he is the authorized with the execution of the matter herein provided for, and that he signed and acknowledged the said instrument in his/her position as a duly authorized representative of Sponsor. . 1 TAMMY M.SAVINO Notary Public, axrQ +t County, N.Y. NOTARY PUBLIC,STATE OF NEW YORK Registration No.015A6228863 Qualified in&weave County 14 Ste.27,_24gg Page 142 of 204 Attachment A Architectural/ Engineering Consultant Contract Project Description and Funding PIN: 8763.38 Term of Agreement Ends: 12/31/2027 BIN: N/A ■Main Agreement ❑Amendment to Contract ❑Supplement to Contract Phase of Project Consultant to work on: ■P.E./Design ■ROW Incidentals ■ROW Acquisition ❑Construction, C/I, & C/S Dates or term of Consultant Performance: Start Date: November 1, 2025 Finish Date: December 31, 2027 PROJECT DESCRIPTION: Engineering services will be provided for Preliminary and Final Design, Right-of-Way Incidental and Acquisition Services, to complete all phases of design through PS&E in accordance with all NYSDOT requirements for the proposed Colonial Avenue Pedestrian Improvements (PIN 8763.38). Construction Support and Inspection will be added as a supplemental agreement. The project is along Colonial Avenue, between Murray Avenue and Weaver Street (State Route 125). Proposed work involves the design and construction of 5 ft. wide ADA compliant concrete sidewalk along the north side of Colonial Avenue, curbing, crosswalks, ADA compliant curb ramps, and drainage structures. Additional work may include potential retaining wall modifications and/or landscaping. Project Location: Town of Mamaroneck, Westchester County, New York 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: $282,540 Footnotes: None 15 Page 143 of 204 ATTACHMENT B Architectural/ Engineering Consultant Contract Scope of Services or Task List Page 144 of 204 Task List Town of Mamaroneck Attachment B November 2025 EXECUTIVE SUMMARY PIN 8763.38 Colonial Avenue Pedestrian Improvements Town of Mamaroneck Westchester County, New York This Locally Administered Federal Aid NYSDOT Transportation Alternatives Program (TAP) project will include Preliminary and Final Design, and Right-of-Way Incidental and Acquisition Services to complete all phases of design through PS&E in accordance with Town and NYSDOT requirements for the proposed Colonial Avenue Pedestrian Improvements (PIN 8763.38). The project is along Colonial Avenue, between Murray Avenue and Weaver Street (State Route 125). Proposed work involves the design and construction of 5 ft. wide ADA compliant concrete sidewalk along the north side of Colonial Avenue, curbing, crosswalks, ADA compliant curb ramps, and drainage structures. Additional work may include potential retaining wall modifications and landscaping. The project has received Federal TAP Large Urban funding and is 80% federally reimbursable. The estimated cost of the project is $ 1,200,000 ($960,000 Federal Share) and a $240,000 local share from the Town. The project does not include Marchiselli Program funding. The Consultant shall provide Preliminary and Final Design services as outlined in Sections 1 through 7 of the project scope. Design services will also include, but are not limited to, ground survey, mapping, environmental screenings, preparation of the design approval document, NEPA and SEQR documents, conducting a public informational meeting, assisting the Town in obtaining Design Approval and Final design (the development and submission of contract plans, specifications and estimate). The Consultant shall provide Construction Management, Administration, Support, and Inspection services as part of a supplemental agreement. The project is assumed to be an Automatic Categorical Exclusion Class 2 (C List) under NEPA and an Unlisted Action under SEQRA. It is anticipated that the lead agency for SEQRA will be the Town of Mamaroneck and the Lead Agency for NEPA will be the NYSDOT / Federal Highway Administration (FHWA). The anticipated Letting date for this project is June 2027 with construction completion in November 2027. Page 145 of 204 Section 1 - General 1.01 Project Description and Location This project is known as: Colonial Avenue Pedestrian Improvements PIN: 8763.38 Project Description: The project involves the design and construction of 5 ft. wide ADA compliant concrete sidewalk along the north side of Colonial Avenue, curbing, crosswalks, ADA compliant curb ramps, and drainage structures. Additional work may include potential retaining wall modifications and/or landscaping. Project Limits: The project is along Colonial Avenue, between Murray Avenue and Weaver Street (State Route 125) for approximately 1,450 ft. Town: Mamaroneck County: Westchester All work performed by the Consultant at the Consultant's initiative must be within the current project limits specified above. 1.02 Contract Administrator The Sponsor's Contract Administrator for this project is Mr. Robert P. Wasp, P.E., C.D.T., Town Engineer who can be reached at (914) 381-7835, RWasp@townofmamaroneckny.gov. All correspondence to the Sponsor should be addressed to: Mr. Robert P. Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 The Contract Administrator should receive copies of all project correspondence directed other than to the Sponsor. Page 146 of 204 1.03 Project Classification This project is assumed to be a NEPA C List Automatic Categorical Exclusion under USDOT Regulations, 23 CFR 771 . 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 an Unlisted Action with the Sponsor as the lead agency. 1.04 Categorization of Work Project work is generally divided into the following sections: 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 (Added by supplemental agreement) Section 9 Construction Inspection (Added by supplemental agreement) 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, 6, 7, and 10. 1.05 Project Familiarization The Sponsor will provide the Consultant with the following information upon availability: • Transportation needs, • Plans for future related transportation improvements or development in the area of the project, • Record as-built plans (drainage plans), • Pavement history, • Anticipated Sponsor permits and approvals (initial determination), • Deed documents (metes and bounds) for survey mapping, and • Other relevant documents pertaining to the project. Page 147 of 204 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 Contract Administrator. Meetings may be held to: • Present, discuss, and receive direction on the progress and scheduling of work in this agreement, • 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, • Preview visual aids for public meetings, • Stakeholder and Steering Committee meetings, • Manage subconsultants and subcontractors, and • Progress meetings with Contractors, Consultants, & Sponsor. The Consultant will be responsible for the preparation of all meeting minutes; the minutes will be submitted to meeting attendees within ten (10) days of the meeting date. 1.07 Cost and Progress Reporting For the duration of this agreement, the Consultant will prepare and submit to the Sponsor and NYSDOT on a monthly basis a Progress Report in a format approved by the Sponsor. The Progress Report must contain the "Progress Report Summary Sheet" (Appendix 6-H of the "Locally Administered Federal Aid Procedures Manual"). 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. 1.08 Policy and Procedures The design of this project will be progressed in accordance with the current version of the "Locally Administered Federal Aid Procedures Manual," and appropriate sections of the Federal Aid Policy Guide (FAPG) including latest updates. A. Compliance with Documents All work must conform to current versions of the following documents, as applicable. Where necessary, the Consultant will obtain either the full document or guidance extracted from it. Page 148 of 204 • Locally Administered Federal Aid Procedures Manual, including latest updates • A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO) • A Policy on Design Standards — Interstate System, AASHTO • Highway Capacity Manual, Special Report 209, Transportation Research Board • NYS Eminent Domain Procedure Law • ADA Accessibility Guidelines for Buildings and Facilities • AASHTO Standard Specifications for Highways and Bridges • Guide Specifications for Strength Evaluation of Existing Steel and Concrete Bridges, AASHTO • AASHTO Model Drainage Manual & NYSDOT Model Drainage Manual • AASHTO Guide for the Design of Bicycle Facilities • NYSDOT Scoping Procedures Manual, Appendix D (Design Traffic Forecast Policy) • NYSDOT Highway Design Manual • National Manual of Uniform Traffic Control Devices • New York State Supplement to the National Manual of Uniform Traffic Control Devices • NYSDOT Environmental Procedures Manual B. Compliance with Environmental Laws, Regulations and Permits All work must comply with the requirements of all applicable state and federal environmental laws, regulations and policy. Applicable laws, regulations, and policies are specified in Appendix A of the NYSDOT Design Procedures Manual. 1.09 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. The project will also be designed utilizing Town specifications and/or design details as applicable. 1.10 Subconsultants The Consultant will be responsible for: • Coordinating and scheduling work, including work to be performed by subconsultants. Page 149 of 204 • Technical compatibility of a Subconsultant's work with the prime Consultant's and other subconsultants' work. 1.11 Subcontractors Procurement of subcontractors must be in accordance with the requirements set forth in the "Locally Administered Federal Aid Procedures Manual", or as specified below: A. For Subcontracts to this consultant contract exceeding $20,000 ($10,000 for printing contracts): 1. The Consultant will prepare a contract document describing the work, schedule, and method of payment in sufficient detail for obtaining sealed bids for the work. The Consultant will provide the work description and will submit to the Sponsor for review. The Consultant will solicit sealed bids from a sufficient number of prospective qualified subcontractors to ensure that at least three (3) bids are received. Upon receipt of at least three bids, the Consultant will submit all bids to the Sponsor along with a recommended choice. The Sponsor will either concur with the recommendation or accept one of the other bids. The Sponsor will then advise the Consultant in writing to proceed. 2. Upon receipt of written authorization from the Sponsor to proceed, the Consultant will execute the contract with the subcontractor and oversee the subcontractor's operations/services to the extent of assuring that the work is performed as described in the contract and that the work performed conforms to applicable requirements. B. For subcontracts to this consultant contract equaling or under $20,000 ($10,000 for printing contracts): 1 . The Consultant will prepare a contract document describing the work, schedule, and method of payment in sufficient detail for obtaining reliable quotations (non-binding estimates) for the work. The Consultant will provide the work description and will submit it to the Sponsor for review. The Consultant will modify the work description as necessary before including it in the contract document. 2. The Consultant will obtain quotations from a sufficient number of prospective qualified subcontractors (typically three) to ensure that the work will be performed in the most economical manner. The Consultant will maintain and keep for review records of the quote solicitation process to document competition for the service. Upon receipt of quotations, the Page 150 of 204 Consultant will submit them to the Sponsor along with the recommended choice. The Sponsor will either concur or choose one of the other candidate subcontractors and advise the Consultant to proceed. 3. Upon receipt of written authorization from the Sponsor to proceed, the Consultant will execute the contract with the subcontractor and oversee the subcontractor's operations/services to the extent of assuring that the work is performed as described in the contract and that the work performed conforms to the applicable requirements. Page 151 of 204 Section 2 - Data Collection & Analysis 2.01 Design Survey Project will conform to the following: Planimetric, topographic, and detail subsurface Survey will locate and verify prominent features and terrain within the expected project work area and will be obtained by the Consultant in order to perform the design and develop construction documents. A. Ground Survey The Surveyor will provide terrain data as required for design by means of a topographic field survey based on design requirements. Planimetric and Topographic Survey will locate and verify all prominent features and terrain within the expected project work area. English units of measurement are required; all deliverables will be provided in these units Survey and mapping shall include at a minimum the following information: • Pavement edge, road center line, curb, gutter, pavement markings and stripes o Bottom face of curb, top face of curb, back of curb • Utility poles and pole numbers • Overhead and underground utilities (Surveyor to contact Dig Safe and obtain record drawings to map existing underground infrastructure) o Overhead utility lines and connections o Surface evidence of underground utility systems including valves, meters, release valves, manholes, inlet grates, shutoffs, etc. o Where underground utility surface features are located, the underground feature itself shall be shown and labelled (i.e. the storm/sanitary pipe between located manholes shall have the size, material, rim and invert elevations labeled and show the connection between manholes.) • Hydrants • Trees and shrubs (approximate diameter and common species) and brush or forest edge line. • Fences, retaining walls, staircases. o Bottom face of wall, top face of wall, top back of wall Page 152 of 204 o Bottom face of step, top face of step, etc. • Sidewalks, driveways • Signs and associated sign face text • Mail and newspaper boxes • Drainage structures and inverts, swales, ditches and structure frame elevations, culvert pipes (material, size, invert) B. Photogrammetric Survey —Assumed Not applicable C. Stream Survey —Assumed Not applicable D. Survey of Wetland Boundaries —Assumed Not applicable E. Supplemental Survey The Consultant will keep the survey and mapping current. No supplemental topographical survey is assumed to be needed for design purposes. F. Standards Project control will conform to the following: Horizontal Project Control: • All horizontal coordinated will be New York State Plane Coordinate System based on North American Datum of 1983 (NAD 83). • Baseline ties will be included for all baseline points within the project limits. Ties shall be created with physical dimensions to existing surveyed features. Vertical Project Control: • Elevations shall be based on the North American Vertical Datum of 1988 (NAVD 88). Level runs will begin and end on benchmarks classified as at least second order, Class II. • Benchmarks where and when appropriate, as per the Surveyor's discretion, to begin and end vertical surveys. Benchmark ties shall be provided to aid in future re-establishment during construction. Benchmarks shall be positioned, where feasible and practical, in locations that are not anticipated to be disturbed. This is a Locally Administered Federal Aid project. All surveying and mapping shall be in accordance with the LAFAP manual and with local Page 153 of 204 standards described in Section 1 of this Task List, unless modified in this document, and follow the NYSDOT survey criteria (including lines types, line weights and name) as found on the NYSDOT website at: https://www.dot.ny.gov/divisions/engineering/design/dqab/hdm/hdm- repository/chapt 20.pdf. Notes to be incorporated into future plan set: • The Consultant shall provide applicable language, notes, and survey adjustments with the survey deliverables for inclusion into future plan set documents. 2.02 Design Mapping The Consultant will provide the following design mapping: • 1"=40' scale mapping The Consultant will provide supplemental mapping when needed for design purposes and to keep the mapping current. Digital Mapping Deliverables: • The mapping will be delivered in MicroStation V8i format (.dgn) following NYSDOT format in a file that is in "Survey Feet" units. NYSDOT format criteria (including lines types, line weights and name) can be referenced on the NYSDOT website at: https://www.dot.ny.gov/divisions/engineering/design/dqab/hdm/hdm- repository/chapt 20.pdf. • If necessary, a AutoCAD (.dwg) file converted to MicroStation format shall be created using the NYSDOT "nyu seed_all" file (located on the DOT website) • A 3d file containing all topographical features at their respective elevations (elevation breaklines, curb lines, center of roadway, ditches, swales, pavement edge, etc.), surface triangles, and inferred contours shall be supplied by the Surveyor. • All of the data collected during mobile collection is not expected to be developed into mapping as this would unnecessarily increase costs. However, it will be available on an as-needed basis and for the Towns future use. • A 2d file containing survey points, descriptions, elevations, and topographical features shall be supplied by the Surveyor. • A 2d file with baseline ties and diagrams for all benchmarks. • A 2d file containing the ROW linework. Page 154 of 204 • If a MicroStation (.dgn) file cannot be provided, all files shall be an AutoCAD 2018 compatible file with no blocks, entities, or reference files. • A PDF of the complete topographic survey shall be supplied. • A surface file for the surveyed area shall be supplied in a compatible Inroads format (.dtm). • ASCII file containing all points taken in the field, description, and elevations is included. 2.03 Determination of Existing Conditions The Consultant will determine, obtain, or provide in order to accurately describe in pertinent project documents, the existing conditions within and adjacent to the project limits: The existing highway sections(s) and features within the project limits, including: • Number, width, type (through, turning, climbing, etc.), and location of travel lanes. • Shoulder widths and types (asphalt, concrete, gravel, grass, etc.). • Number, width, type, and location of utility strips. • Location of curbed sections. • Width and type of medians. • Width of clear zones. • Location and percent of grades. • Horizontal curve radii. • Intersection geometry and conditions. • Parking regulations and conditions within the project limits. • Right-of-way width (may be shown on a plan with references to the plan). • Condition and adequacy of guiderail, median barriers, and impact attenuators. • Location of traffic control features and their conformity with the latest guidelines for such features. • Provisions for pedestrians and bicyclists. • The existing conditions and roadway sections of all abutting (adjacent) and intersecting highway segments. • Existing mainline speed limit (and whether the speed limit is posted or not), and • Existing operating speeds (85th percentile speeds in most cases) • Land use for the project area as it now exists and future land development (planned and potential), including development years. Page 155 of 204 • Existing vehicular access control (full control, partial control, or uncontrolled) and whether existing driveway entrances comply with local standards or policies. • Existing pavement and shoulder conditions within the project limits. • A general assessment of drainage conditions within the project limits. • A list of all utilities, and the respective owners, that are within the project's existing right of way or those that may be impacted by the project. Assessment to include existing street lighting facilities, and above and below ground utility services. • Which, if any, school buses, emergency vehicles, or farm machinery regularly use this route. • Which, if any, suitable detour routes are available. • Nearby recreational opportunities, resources and multi-modal accommodations (A table format for the above information is recommended; a plan or typical section may be used to supplement the table where appropriate). 2.04 Accident Data and Analysis The Sponsor will provide accident records obtained from the Local agency for the last three (3) years for roads within project limits plus one-tenth of a mile immediately outside of the project limits. The Consultant will obtain accident data from the NYSDOT for the last three (3) years and 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 and Capacity Analysis Not anticipated to be required 2.06 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 (20) 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). The Sponsor will provide all necessary information pertaining to the other projects or developments. Page 156 of 204 2.07 Soil Investigations Not anticipated to be required 2.08 Hydraulic Analysis Not anticipated to be required 2.09 Bridges to be Rehabilitated Not applicable 2.10 Pavement Evaluation Not applicable Page 157 of 204 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 "Locally Administered Federal Aid Procedures Manual." The applicable design standards will be chosen from: • Town of Mamaroneck • NYSDOT Highway Design Manual • AASHTO Guide for the Development of Bicycle Facilities • A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO) • NYSDOT Standard Detail Drawings • Highway Capacity Manual, Special Report 209, Transportation Research Board • NYS Eminent Domain Procedure Law • ADA Accessibility Guidelines for Buildings and Facilities • Guide Specifications for Strength Evaluation of Existing Steel and Concrete Bridges, AASHTO • AASHTO Model Drainage Manual & NYSDOT Model Drainage Manual • AASHTO Guide for the Design of Bicycle Facilities • NYSDOT Project Development Manual • NYSDOT Bridge Manual, Section 2, Geometric Design Policy for Bridges • Federal Manual on Uniform Traffic Control Devices (MUTCD), 2009 • New York State Supplement to the MUTCD • NYSDOT Environmental Procedures 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. Page 158 of 204 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. Assume two (2) concepts will be evaluated and will include various sub-concepts for specific design elements such as intersection treatments and areas with environmental or property constraints. The selected and feasible concept(s) will be progressed as a feasible alternative. For each concept the Consultant will prepare rudimentary sketches of plan, profile, and typical section views which show: • On plan: proposed centerlines; pavement edges; sidewalk edges, curve radii and termini; and existing ROW limits. • On profile: theoretical grade lines; critical clearances; vertical curve data; grades; and touchdown points. • On typical section: lane, median, shoulder width, sidewalk, ditches, curbs, gutters, drainage, and side slopes for existing roads at road crossings. • Where necessary: important existing features. • Where pertaining to feasibility: significant environmental and geometric design constraints, labeled as such. • Historical elements if applicable. Assume these sketches will include only the minimum information needed to select design alternatives to be studied in further detail. The Consultant will meet with the Sponsor to discuss the concepts (if any), 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 The Consultant will further evaluate the preferred 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: Page 159 of 204 • Design geometry, including the identification and comparison of alignment constraints and (where applicable)justification for retaining non-standard design features, per the "Locally Administered Federal Aid Procedures Manual." • 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 treatment. • Structures, including major culverts. • Drainage, including identification of various potential solutions and coordination with other adjacent projects and involved agencies (NYSDEC, Army Corps of Engineers, NYCDEP as applicable, etc.) • Maintenance responsibility. • Maintenance and protection of traffic during construction. • Soil and foundation considerations. • Utilities. • Right-of-Way including acquisition or easement requirements, • Conceptual landscaping (performed by an RLA). • Accessibility for pedestrians, bicyclists and ADA guidelines. • Lighting. • Construction cost factors. • Non-construction improvements and varying degrees of construction improvements, as appropriate • Identification of general physical features and type of improvement associated with each solution • A level of detail commensurate with evaluating and comparing alternative solutions to needs, but not for evaluating and comparing specific design features • Environmental, socioeconomic and community issues including context- sensitive design opportunities. The Consultant will prepare the following drawings for each design alternative analyzed: • 1"=40' 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"=40' horizontal and 1"=8' (maximum) vertical, showing (as a minimum) the vertical datum reference; significant elevations; existing ground line; theoretical grade line; grades; vertical Page 160 of 204 curve data including sight distances; centerline stations and equalities; construction limits; and superelevation data. • Typical sections showing (as a minimum) lane, median, and shoulder widths; sidewalks, ditches, gutters, curbs, and side slopes. The Consultant shall contact the owners of public and private utilities within the project limits to identify potential conflicts in each alternative. The estimated costs of relocation, if determined to be reimbursable by the project, should be included in the Design Approval Document for each alternative. 3.03 Cost Estimates The Consultant will develop, provide, and maintain a cost estimate for the design. The Consultant will update the estimate periodically and as necessary to incorporate significant design changes. 3.04 Preparation of Draft Design Approval Document 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 - Procedures for Locally Administered Federal Aid Projects Manual. 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 Consultant will submit 1 electronic copy (PDF format) of the Draft DAD to the Sponsor for review, plus 1 electronic copy (PDF format) for the NYSDOT. 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 one (1) electronic copy (PDF format) of the signed Draft DAD for distribution to advisory agencies. The Sponsor or the Consultant will distribute the Draft DAD to the advisory agencies. Page 161 of 204 The Consultant will assist the Sponsor in evaluating and preparing 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 one (1) public information meeting with advisory agencies, local officials, and citizens, at which the Consultant will provide visual aids and present a technical discussion of the project. The Sponsor will arrange for the location of public information meeting(s). The Consultant will assist the Sponsor with appropriate notification. The Consultant will prepare a PowerPoint presentation covering project development, alternatives considered, social, economic, and environmental elements, estimated project costs, and other topics or items required or requested by the Sponsor. The Consultant will prepare and provide handouts and documents to allow submission of written comments. B. Public Hearing(s) Assume not applicable for the preliminary design phase of the project. However, the need for a public hearing related to right of way acquisitions will need to be determined during right of way incidental investigations and the preliminary design phase of the project development. If necessary, this hearing would be included in the supplemental agreement involving right of way acquisitions. 3.07 Preparation of Final Design Approval Document The Sponsor 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, retitle the DAD in accordance with the "Locally Administered Federal Aid Procedures 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 one (1) electronic copy (PDF format) of the Final DAD 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. Page 162 of 204 The Sponsor will submit one (1) electronic copy (PDF format) of the Final DAD, supplied by the Consultant, to the NYSDOT for a Final Environmental Determination. The NYSDOT will make the determination or obtain FHWA's determination. If necessary, the 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. It is expected that the Sponsor will grant Design Approval. Page 163 of 204 Section 4 - Environmental 4.01 NEPA Classification The Consultant will verify the anticipated NEPA Classification that is assumed to be a C List Automatic Categorical Exclusion. 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 project is assumed to be an Unlisted Action under SEQRA. 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 Short Environmental Assessment Form(s). • Drafting a Negative Declaration. • Drafting a Positive Declaration (if required). • Drafting notices and resolutions. 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 "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 (including previously completed studies) and perform preliminary investigations to determine potential impacts resulting from the design alternative(s). Work will be performed, as detailed below and in accordance with the criteria contained in the NYSDOT Transportation Environmental Manual (TEM), to determine whether further detailed analysis or Page 164 of 204 study is required. The results of these screenings and preliminary investigations will be summarized in the appropriate sections of the DAD. General Ecology and Endangered Species The Consultant will evaluate the nature, extent, and significance of potential impacts (including impacts during construction) for each project alternative on fish, wildlife, and habitat. This analysis will include general determinations of amount and type of vegetation to be disturbed, special habitats that might be damaged, and possible interruption of fish and wildlife movements (e.g. blockage of fish movement through culverts, interruption of deer movement by fences, etc.). The Consultant will determine appropriate avoidance, minimization of harm, and mitigation measures to compensate for project impacts. The Consultant will coordinate with involved State and Federal resource agencies (New York State Department of Environmental Conservation (NYSDEC), U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS)). Letters will be obtained from involved agencies to document the likely presence or absence of endangered, threatened, or rare species in the project area; these letters, if received, will be included in the Appendix of the DAD. Based on the results of agency records, the Consultant will determine the presence or absence of endangered, threatened, or rare species within project boundaries, assess potential impacts of each design alternative on such species and their habitats, and, as necessary, determine measures for avoidance, mitigation, and minimization of harm. The Consultant will determine whether an Endangered and Threatened Species Survey is warranted. The Consultant shall notify the Sponsor if a study is warranted and shall not begin the study until receiving authorization from the Sponsor. Ground Water The Consultant will determine whether the project is in a Project Review Area of an EPA designated Sole Source Aquifer or in a NYSDEC designated Primary Water Supply or Principal Aquifer Area. The Consultant will assess potential impacts on the aquifers and any public or private nearby wells used for drinking water. The Consultant will evaluate avoidance, minimization, and mitigation measures regarding ground waters. The Consultant will determine whether a more detailed Groundwater Assessment Report is required but shall not begin such an effort until receiving additional authorization from the Sponsor. Surface Water The Consultant will identify drainage basins existing within or adjacent to the project site and will determine how the existing soils, vegetation, topography, climate, and seasonal nature of the proposed construction may affect the potential for erosion and sedimentation. Page 165 of 204 The Consultant will assess temporary and permanent measures and practices that may be used to avoid or minimize and control soil erosion, sedimentation, and surface water pollution during and after construction. The Consultant will determine if the project requires coverage under the SPDES General Permit for Stormwater Discharges from Construction Activities, NYSDEC Permit No. GP-0-25-001. The Consultant will file any required "Notice of Intent" with the NYSDEC, as appropriate. If the project is in the New York City water supply watershed (NYSDOT Regions 1 , 8 & 9, the Consultant will review the NYSDOT/NYSDEC Memorandum of Understanding (MOU) and the NYC Final Watershed Regulations to determine whether or not a Stormwater Pollution Prevention Plan (SWPPP) is required. The Consultant will determine and describe how the proposed work complies with the substantive requirements of the Watershed Regulations and the MOU. The Consultant will assess the need for temporary and permanent stormwater facilities and will assess the need for additional right-of-way for such facilities. The Consultant will assess measures, as appropriate, to capture on-site the first flush 0.5 inch of rainfall from all surfaces made more impervious by the project, attenuate peak flow, and control thermal discharges to cold water fishery streams. The Consultant will assess the need for additional right-of-way to accommodate permanent stormwater facilities. The Consultant will assess whether or not project work will affect the special characteristics or qualities of a designated Wild, Scenic, and Recreational River or Study River (e.g., navigation, riparian cover, scenery, etc.). • Assume that there are no impacts to the New York City water supply water shed because the project limits are not within its boundary. • Reviewing NYSDEC Environmental Resource Mapper. Determining if the design alternative(s) will impact the identified Class C water resources within the project site. State Wetlands The Consultant will investigate types, locations, and extent of state-regulated wetlands in the project area, including: • Reviewing NYSDEC Freshwater Wetlands Maps. Determining if the design alternative(s) will impact the identified State- regulated wetlands and their regulated adjacent areas (usually 100' for freshwater and 300' for tidal). • Determining if, and which, State permits are needed for activities in wetlands and their regulated adjacent areas, including Article 24 permits for State- regulated freshwater wetlands and Article 25 permits for State-regulated tidal Page 166 of 204 wetlands. • Assume that there are no wetlands that would be impacted as a result of this project. Federal Jurisdictional Wetlands The Consultant will use NYSDEC Wetlands Maps, US Fish & Wildlife Services National Wetland Inventory Maps, and Soil Conservation Services County Soil Survey Reports to screen for the presence of freshwater and tidal wetlands. The Consultant will make a site visit to determine if Federal jurisdictional wetlands are present within or adjacent to the proposed project limits, and whether the wetlands could be affected by proposed project activities. • Assume there are no Federal wetlands in the project area or any wetlands that would be impacted as a result of this project. Floodplains The Consultant will determine if a Flood Plain Evaluation is needed for the project. Assume not required. Coastal Zone Management The proposed project is subject to the Federally Approved Coastal Local Waterfront Revitalization Program (LWRP). The Consultant will determine screen the NYS Coastal Atlas to determine what provisions are required for the proposed project. Navigable Waterways Not Applicable Historic Resources The proposed project is subject to the tenets of Section 106 of the National Historic Preservation Act and the New York State Historic Preservation Act, each administered by the State Historic Preservation Office (SHPO) within the NYS Office of Parks, Recreation, and Historic Preservation (OPRHP). The Consultant will perform a cultural resource screening to determine if a cultural resource study is needed. The Sponsor, through the NYSDOT, will request an Effect Determination from the OPRHP in writing from the SHPO. Page 167 of 204 Parks The Consultant will perform a screening to determine if a detailed Section 4(f) or Section 6(f) evaluation is needed. Assume not required. Hazardous Waste The Consultant will screen for hazardous wastes and contaminated materials within the project site and corridor (existing or proposed right-of-way, including easements). This preliminary screening is a general review to identify properties within the right-of-way or in close proximity that could contain or be a source of hazardous wastes or contaminated materials. The screening will include: • A review of existing information about past and current land use to identify possible sources of contamination within the project site and corridor, including: o NYSDEC records such as: Registry of Inactive Hazardous Waste Sites; Hazardous Substance Waste Disposal Site Study Reports; records of chemical or petroleum storage tanks; waste incident and chemical release reports. o Environmental Data Resources (EDR) data report that provides local, state, and federal database and record queries and results for a given project area. Firm Insurance Rate Maps and other historical aerial/topographic mapping is obtained, if available, and reviewed. o Sampling of suspect materials for lead. o A site visit to look for observable physical evidence of contamination (e.g., stained soil, seepage, and stressed or dead vegetation). The Consultant will complete a Hazardous Waste/Contaminated Materials Screening Report and include it in the Appendix of the DAD. Asbestos The Consultant will make an initial determination on the scope and extent of potential asbestos containing materials, based on the types of facilities impacted. The Consultant must maintain a valid asbestos handling license for the duration of this agreement and all Consultant personnel engaged in asbestos-related work must be appropriately certified for the work being performed, as described in Section 56-2.2 of Industrial Code Rule 56 (12 NYCRR Part 56). The Consultant will perform a preliminary investigation for the presence of asbestos containing materials (ACM's) within the project site and corridor, using the following screening techniques: Page 168 of 204 • A review of available as-built drawings, record plans, and other construction drawings of all structure and facilities in the project area, including but not limited to pavement, shoulders, subgrade, underground utilities, buildings, and retaining walls which could potentially require alterations or demolition as part of the project. • A site visit to look for and sample possible asbestos-containing materials within the project's limits of disturbance. Noise The Consultant will perform a screening to determine if a project level noise analysis is needed. Assume not required. Air Quality The Consultant will perform a screening to determine if a project level air quality analysis is needed. Assume not required. Energy The Consultant will perform a screening to determine if an energy analysis is needed. Assume not required. Farmlands Not Applicable. Visual Impacts The Consultant will perform an initial screening to determine if there is a potential for visual impacts. A detailed assessment is assumed not required. Work will be performed, as detailed in the NYSDOT LPM 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 4.04, 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. Page 169 of 204 Detailed study or analysis work will be performed and documented as detailed in the NYSDOT "Locally Administered Federal Aid Procedures Manual." Results of the detailed study or analysis will be summarized in the appropriate section of the DAD. Detailed study or analysis may include: A. General Ecology and Endangered Species —Assume a Finding Document (habitat assessment memorandum) will be required. B. Ground Water—Assume Not Required C. Surface Water—Assume Not Required D. State Wetlands —Assume Not Required E. Federal Wetlands —Assume Not Required F. Floodplains —Assume Not Required G. Coastal Zone Management —Assume Applicable H. Navigable Waterways —Assume Not Applicable I. Historic Resources —Assume Phase IA Archaeological Documentary Study and Architectural Resources Survey Report will be required, assume Phase IB soil test pits will be required. Assume a Section 106 Finding Document will be required. J. Parks - Section 4(f) and Section 6(f) Evaluations —Assume Not Required K. Hazardous Waste —Assume a Phase I Environmental Site Assessment will be required L. Asbestos —Assume Not Required M. Noise —Assume Not Required N. Air Quality— Assume Not Required O. Energy — Assume Not Required P. Farmlands —Assume Not Applicable Q. Visual Impacts —Assume Not Required Page 170 of 204 4.06 Permits and Approvals The Consultant will obtain all applicable permit(s) and certification, including but not necessarily limited to: • NEPA C-List Categorical Exclusion • SEQR Unlisted Action Classification; Assume Negative Declaration • NYSDEC State Pollution Discharge Elimination System (SPDES) Permit and Erosion & Sediment Control SWPPP (no post-construction stormwater management practices anticipated as per Appendix B Table 1 of GP-0-25- 001) • Concurrence with Town's MS-4 Regulations • Section 106 Process and Effect Determination project update with NYS Office of Parks, Recreation, and Historic Preservation through the NYSDOT. • NYSDOT Highway Work Permit 4.07 Environmental Hearing Not applicable Page 171 of 204 Section 5 — Right-of-Way 5.01 Abstract Request Map and/or Title Search RIGHT OF WAY INCIDENTALS The Sponsor will request right of way incidental phase authorization from the New York State Department of Transportation. The request will be made when the Sponsor determines that property acquisitions are likely to occur or when it requests Preliminary Engineering phase authorization. The Consultant will not proceed with any activities in this section without written authorization from the Sponsor. The Consultant will meet with the Sponsor to review and to discuss findings of the right of way investigations. 5.011 Review and Analysis of Right of Way Requirements The Consultant will undertake an on-going review and analysis of right of way requirements for the project. The review may include: • Preliminary engineering design • Preliminary right of way plans and acquisition maps • County Tax Maps • City Zoning Regulations and Maps • Aerial photography • Other pertinent project information The analysis may include: • The number of affected parcels • The zoning classification for each parcel • Estimated size of the acquisition • Potential impacts to improvements The Consultant will determine the current owner of the affected properties by reviewing public information records at the county tax assessor's office. The ownership will be verified by obtaining and reviewing a copy of the last deed of record at the county clerk's office. Page 172 of 204 5.012 Title Research 5.0121 For the acquisition of temporary easements, the Consultant will determine property title ownership through county tax assessment records and will verify the ownership through examination of the last deed of record. 5.0122 For the acquisition of real property rights estimated at $10,000 or less, the Consultant will perform a Last Owner Title Search. The Last Owner Title Search will be the last recorded deed that conveys a full fee interest to the last owner or owners of record. The Last Owner Title Search will not begin with a deed where the grantor and grantee are in some way related without full consideration having been paid. 5.0123 For the acquisition of real property rights estimated between $10,001 and $40,000, the Consultant will perform a Twenty-Year Title Search. The Twenty-Year Search will start with a deed that conveys complete and indefeasible title, which has been executed and of record at least twenty years prior to the search date. The Twenty-Year Search will not begin with a deed where the grantor and grantee are in some way related without full consideration having been paid. 5.0124 For the acquisition of real property rights estimated at greater than $40,000, the Consultant will prepare a Title Abstract. The Title Abstract will start with a warranty deed that has been executed and of record at least forty years prior to the date of the search. 5.013 Title Review and Certification The Consultant will subcontract with a qualified, NYS licensed attorney to issue Certificate of Title on all fee property acquisitions and obtain title insurance as required. The Consultant will submit the Title Certifications to the Sponsor. 5.0131 For the acquisition of real property rights estimated at $10,000 or less, the Consultant's Attorney will review the Last Owner Title Search and issue a Limited Last Owner Title Certification. 5.0132 For the acquisition of real property rights estimated between $10,001 and $40,000, the Consultant's Attorney will review the Twenty-Year Title Search and issue a Limited Twenty-Year Title Certification. 5.0133 For the acquisition of real property rights estimated at greater than $40,000, the Consultant's Attorney will review the Abstract and issue a Title Certification. Page 173 of 204 5.0134 The Municipality will acknowledge the receipt of each Title Certification and provide the Consultant, on a per parcel basis, a list of the property owners and other compensable property interests. The Sponsor will respond in writing within ten (10) days of receipt of each Title Certification. 5.02 Right of Way Survey Right-of-Way survey and mapping shall be done in accordance with the NYSDOT ROW Mapping Procedures Manual. • Research and obtain deeds and other record information to establish reputed owners of properties in and adjacent to the project limits. • Provide owner names, tax account numbers and book/page of deed and list within each property in the project limits. • Determine the location of the existing highway boundary. Highway boundary shall be incorporated into the base mapping. Any record plans that exist will be provided by the Sponsor. In areas of potential acquisitions, both the highway boundary and the individual property lines will be determined accurately. • All efforts will be made to recover property line markers and any permanent survey markers set by others. • The Consultant shall place ROW and easement lines on the plans, denoting the owner names, tax map numbers, and book/page of deed and list for each property on the ROW within the project limits. • Provide DGN file as deliverable. 5.03 Right of Way Mapping The Consultant will meet with the Sponsor to discuss the types of right of way acquisitions required and the limits of acquisition lines. The Consultant will prepare acquisition maps in accordance with the format provided by the Sponsor. All right of way mapping will be in English dimensions. The Consultant will prepare all map revisions or additions which are determined necessary during the construction of the project and Produce appropriation maps in accordance with the NYSDOT ROW Mapping Procedures Manual, or as directed. • It is anticipated that NYSDOT Region 8 would be the review agency for the appropriation mapping. It is assumed that one set of revisions would be made. • Produce an estimated zero (0) FEE acquisition maps, two (2) Permanent Easement Maps, and two (2) Temporary Easement (TE) maps in accordance Page 174 of 204 with the NYSDOT ROW Mapping Procedures Manual, or as directed. The appropriation maps shall be a standard 11" x 17" overall format as per Chapter 5.4 of the NYSDOT ROW Mapping Procedures Manual. 5.04 INTENTIONALLY LEFT BLANK 5.05 Right of Way Cost Estimates If applicable, the Consultant will provide cost estimates for the right of way to be acquired by the Sponsor on all alternatives being considered and will provide updated estimates, as necessary. 5.06 Public Hearings/Meetings No services required. 5.07 Property Appraisals For each parcel requiring the acquisition of property rights, the Consultant will conduct a real property appraisal and prepare a real property appraisal report to determine the fair market value of the proposed acquisition. The Consultant will contact the owner or his/her designated representative in writing prior to completing the appraisal to extend the opportunity to accompany the appraiser during the property inspection. 5.071 Preliminary Property Owner Interview The Consultant will conduct 1 preliminary interview with each property owner(s) or the property owner's designated representative. Other than absentee property owners, a reasonable attempt will be made to conduct the preliminary contact on a face-to-face basis. Absentee property owners and those local property owners not able to be interviewed face-to-face may be contacted via telephone and certified mail. The purpose of preliminary contact includes: • Delivery of notices of intent to acquire, if necessary • Delivery of right of way acquisition brochures • Explanation of right of way and construction plans • Informing of right to accompany appraiser • Determining the need for additional action regarding right of way boundaries, errors and omissions in plans and/or other documents • Prepare Physical Inspection Report Page 175 of 204 5.072 Real Property Appraisal Reports The Consultant will subcontract the services of an appraiser to complete real property appraisals and appraisal reports required for each parcel or ownership indicated on the Right of Way Plan. The Consultant will insure that all real property appraisals and real property appraisal reports are prepared by qualified appraisers who are, as defined by the New York State Department of State, Certified General Real Estate Appraisers. The Consultant will insure that all real property appraisals and real estate appraisal reports conform to the Uniform Standards of Professional Appraisal Practice, Standard 1 , Real Property Appraisal Development, and Standard 2, Real Property Appraisal, Reporting. The Uniform Standards of Professional Appraisal Practice contains a Certification of Appraiser. In addition, the Consultant must certify to the following: "The property owner or his/her designated representative was given an opportunity to accompany the appraiser during the property inspection" "Any decrease or increase in the fair market value of the real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in estimating the compensation for the property." The Consultant will provide 1 original bound real property appraisal report with photo copies of photos for each acquisition. 5.0721 For uncomplicated acquisitions of real property rights valued at less than $15,000, the Consultant will prepare a Limited Appraisal Report (LAR). The LAR will consist of a limited appraisal with a restricted use appraisal report as provided for in the Uniform Standards of Professional Appraisal Practice, Standard 1 , Real Property Appraisal Development, and Standard 2, Real Property Appraisal. 5.0722 For acquisitions of entire real property interests, the Consultant will prepare a Full Take Appraisal Report. The Full Take Appraisal Report will consist of a complete appraisal with a summary appraisal report as provided for in the Uniform Standards of Professional Appraisal Practice, Standard 1 , Real Property Appraisal Development, and Standard 2, Real Property Appraisal, Reporting. Page 176 of 204 5.0723 For partial acquisition of real property rights valued at $15,000 or more with no indirect damages to improvements, the Consultant will prepare a Before and After (land only) Appraisal Report. The land only Before and After Appraisal Report will consist of a limited appraisal with a summary or restricted use appraisal report as provided for in the Uniform Standards of Professional Appraisal Practice, Standard 1, Real Property Appraisal Development, and Standard 2, Real Property Appraisal, Reporting. 5.0724 For partial acquisition of real property rights valued at $15,000 or more with indirect damages to improvements, the Consultant will prepare a Before and After Appraisal Report. The Before and After Appraisal Report will consist of a complete appraisal with a summary appraisal report as provided for in the Uniform Standards of Professional Appraisal Practice, Standard 1 , Real Property Appraisal Development, and Standard 2, Real Property Appraisal, Reporting. 5.0725 For acquisitions of real property rights valued over $300,000, the Consultant will prepare two independent appraisal reports. The appraisal report will consist of a complete appraisal with summary appraisal reports as provided for in the Uniform Standards of Professional Appraisal Practice, Standard 1, Real Property Appraisal Development, and Standard 2, Real Property Appraisal, Reporting. 5.08 Appraisal Review The Consultant will perform a separate review of each appraisal. The Consultant will insure that all real property appraisal reviews are performed by a qualified appraiser who is, as defined by the New York State Department of State, Certified General Real Estate Appraisers. The appraisal review will be completed in conformance with the Uniform Standards of Professional Appraisal Practice, Standard 3, Real Property Appraisal Review, Development, and Reporting. The Consultant will review the appraisal reports for compliance with state and federal standards. The Consultant will take corrective actions. The review appraiser will: • Identify and make corrections to mathematical calculations and typographical errors, if necessary • Assure real property appraisal development and reporting are in accordance with the appraisal subcontract • Assure real property appraisal development and reporting are complete and meet the Uniform Standards of Professional Appraisal Practice standards • State the basis for the fair market value conclusion and provide breakdowns adequate for New York State Department of Transportation audit, Federal Highway Administration eligibility review, and for negotiation purposes. Page 177 of 204 The Consultant will provide the Sponsor with the highest approved appraised amount for each property rights acquisition. 5.09 Negotiations and Acquisition of Property The Consultant will not proceed with any activities in this section without written authorization from the Sponsor. The Consultant will meet with the Sponsor to review and to discuss the right of way acquisition procedures. 5.091 Just Compensation The Sponsor will establish just compensation for each property rights acquisition. In no event shall the Just Compensation amount be less than the Sponsor's highest approved appraisal. Because time is of the essence, the Sponsor will provide the just compensation amounts in writing to the Consultant within 10 days of its receipt of the preliminary appraisal reviews from the Consultant. 5.092 Written Offer The Consultant will prepare a written offer for each acquisition of real property. The amount of the offer will be the amount established by the Sponsor as just compensation. The written offer will include the following: • A statement of the just compensation amount • Separate indications of the compensation offered for the property acquired and for damages to the remaining property, if applicable (when only a part of the property is acquired) • A summary statement, which will include: • the basis for the just compensation amount • a description and location identification of the real property • the interest in the real property being acquired • where appropriate, the statement will identify any separately held ownership interest in the property (i.e. tenant-owned improvement) and indicate that the interest is not covered by the offer • Additional information the Consultant and/or the Sponsor deems appropriate or required 5.093 Deliver Offer The Consultant will deliver the written offer, plats, unsigned agreements and releases to the appropriate property owners or his/her designated representative. Page 178 of 204 The Consultant will meet with the appropriate property owners or his/her designated representative to explain the written offer, plats and unsigned agreements. The Consultant will conduct additional negotiation sessions with the appropriate property owners or his/her designated representative in an attempt to negotiate a settlement. The Consultant will make all reasonable efforts to contact personally each property owner(s) or designated representative. Absentee and unsuccessful personal contacts may be made by certified mail. The Consultant will maintain a detailed diary of each substantial contact with property owner(s). The diary will be signed and dated by the person responsible for the contact. The diary entries will be on a parcel by parcel basis: • Substantial contacts • Efforts to achieve amicable settlements • Responsiveness to owners' counter proposals • Suggestions for changes in plans The records should include the principal activities undertaken by the agent, such as: • parties contacted • date and location of contact • offers made [dollar amounts] • counteroffers received • property owner's comments • reason(s) settlement could not be reached 5.094 Purchase Agreements The Consultant will submit real property acquisition documents to the Sponsor for recommended action on settlements: • Approval of negotiated settlements • Action on proposed administrative settlements • Referral to the Sponsor attorney for initiation of eminent domain proceedings Because time is of the essence, the Sponsor will provide a written response to the Consultant within 10 days of its receipt of the acquisition documents from the Consultant. Page 179 of 204 5.095 Revisions to Just Compensation The Consultant will consider any presentations made by the property owner which might affect the value of the property. The Consultant may make recommendations to the Sponsor to adjust the written offer. The Sponsor may revise the just compensation based on the information provided by the property owner. The Consultant will document the justification for revising the just compensation. The Consultant will prepare and promptly deliver a revised written offer to the property owner. 5.096 Administrative Settlements The Consultant and/or the Sponsor may recommend administrative settlements. Administrative settlements are settlements in excess of the Sponsor's just compensation determination. The Sponsor will have final approval to authorize administrative settlements. The Consultant will provide the written justification for the Administrative Settlement. The written justification will include all information necessary to support the settlement; such as: • The approved offer of just compensation • A summary of the acquisition agent's record of negotiations • Reference to all appraisal reports (including the owner's appraisal report) • Recent court awards and their relationship to the proposed administrative settlement • A discussion of diverse valuation issues (i.e. probable range of testimony as to fair market value by both parties) • The trial cost estimate • The opinion of legal counsel • The identification of the responsible agency official who has the authority to approve administrative settlements • The recommendation and signatures of all individuals proposing the settlement The Consultant will prepare and promptly deliver a revised written offer to the property owner. 5.097 Transfer of Title The Municipality will not require any property owner to surrender possession of real property before the Municipality pays the agreed purchase price. Page 180 of 204 5.0971 The Consultant will conduct necessary title curative work. For real property acquisitions valued at $10,000 or less, the Consultant will clear only the possessory interest. For real property valued at greater than $10,000, the Consultant will clear all interests in the property. Title curative work may include partial releases of mortgage, lien subordination agreements, and lien satisfactions. 5.0972 The Consultant will perform a calculation to prorate real property taxes for each fee and permanent easement acquisitions. The Sponsor will pay all tax prorations over $25.00. 5.0973 The Consultant will prepare closing documents for each acquisition. The closing documents will include a closing statement, instrument, real estate transfer tax return, and real property transfer report. 5.0974 The Consultant will deliver the title instrument(s) to the title attorney subcontracted by the Consultant for review and approval. 5.0975 The Consultant will schedule and hold the closing. Because time is of the essence, the Sponsor will pay the just compensation at the time the property owner(s) signs all required closing documents. The transfer of title to the agency may also require the payment of incidental expenses by the owner, the Sponsor, or the Consultant. The Sponsor will pay appropriate reimbursable expenses to the property owner(s) and/or the Consultant. 5.0976 The Consultant will promptly file all deeds or conveyance documents in the County Clerk's Office. 5.098 Right of Way Certification The Consultant will prepare the Right of Way Certificate on forms prescribed by the New York State Department of Transportation. The Sponsor will sign the Right of Way Certificate. 5.10 Relocation Assistance Assume No services required. 5.11 Property Management Assume No services required. Page 181 of 204 Section 6 - Detailed Design 6.01 Preliminary Plans The Consultant will develop the approved design alternative to the Preliminary Plan stage. At this stage all plans, specifications, estimates and other associated materials will be 40% complete. The anticipated sheets for the 40% submittal are as follows: • Construction Plan Sheets • Lane Configurations • Intersection Reconfigurations • Pedestrian Accommodations • Pavement Restoration options • Typical Section(s) • Proposed Profile(s) • Drainage Modifications • Conceptual Traffic Control • Signal improvements • Pertinent Details Estimated Construction Costs will be at a 40% complete level. Preliminary Plans will be in accordance with the "Locally Administered Federal Aid Procedures Manual." The Consultant will prepare and submit one (1) 11x17 electronic PDF copy of the Preliminary Plans to the Sponsor for review. The Consultant will modify the design to reflect the review of the Preliminary package. 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. The anticipated sheets for the 90% ADP submittal is the information included in the 40% submittal amplified and including: • Title Sheet • General Notes and Index • Legends and Abbreviations Page 182 of 204 • Erosion and Sediment Control Details and Notes • Typical Sections • Traffic Control Plans and Details • General Plans (1:40) • Miscellaneous Details • Miscellaneous Tables • Traffic Signal Plans • Estimate of Quantities As part of this task the Consultant will prepare tem plated cross sections at 25 foot intervals, in locations with earthwork or roadways on new alignments. The traffic signal upgrades will be designed in accordance with NYSDOT and MUTCD standards and guidelines and all design documents will be prepared using NYSDOT Standard Specifications and Drawings. Advance Detail Plans will be in accordance with the "Locally Administered Federal Aid Procedures Manual." The Consultant will prepare and submit four (4) 11x17 hard copies and one (1) electronic PDF copy of the ADP's to the Sponsor, plus one (1) copy to NYSDOT, 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: • Instructions to bidders • Bid documents • Contract language, including applicable federal provisions and prevailing wage rates (with Town supplied information) • Special notes • Specifications • Utility Agreements • Plans • A list of supplemental information available to bidders (i.e., subsurface exploration logs, record as-built plans, etc.) • Other pertinent information including other City supplied information Page 183 of 204 The Consultant will submit the contract documents to the Sponsor for approval. Upon approval, the Sponsor will submit 4 copies of the contract documents to the NYSDOT as described in the "Locally Administered Federal Aid Procedures Manual." The items listed below are to be included in one submission to the NYSDOT at least one (1) month prior to the anticipated placement of advertisement for bids. • Signed set of plans • Project proposal • Engineers estimate of construction cost • Signed ROW certificate • Signed utility schedules and agreements • Construction management plan • Scope of services for construction inspection • Estimated cost of construction inspection The submission will be reviewed and discussed with the Consultant if changes are necessary. 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 A. Utilities Inventory Report — Immediately after receipt of Design Approval, the Consultant shall prepare and submit to the Sponsor and NYSDOT, a preliminary Utilities Inventory Report, indicating ownership and impacts to existing utilities by the proposed work. This report shall be prepared in accordance with Chapter 10 of the LAFAP Manual (see Appendix 10-5 for the form and instructions). B. Initial Contact Letter— The Consultant shall subsequently prepare and send a letter to each utility impacted by the project, and include copies of the preliminary Utilities Inventory Report, plans, profiles, typical sections, and cross-sections for the project. The letter should clearly request that the utility provide a color-coded set of plans showing the existing facilities, as well as the proposed relocation, schedules, and estimate of costs for the reimbursable work. C. Coordination with Utility Schedule — After receipt of the information requested Page 184 of 204 in Task 6.05.B, the Consultant shall prepare and submit Coordination with Utility Schedule in accordance with Chapter 10 (see Appendix 10-6 for a sample and instructions). This schedule shall be included in the Utility Work Agreements, as well as the contract documents. D. Utility Work Agreements — The Consultant shall prepare a Utility Work Agreement for each utility impacted by the project. The agreement shall be prepared in accordance with Chapter 10 of the LAFAP Manual (see Appendix 10-7 thru 9 for samples and instructions), and submitted to NYSDOT for approval and signature, if required. The agreements must be signed by all parties prior to advertising of the contract. E. Notice to Utilities — The Consultant shall give notice to each utility as to the schedule of letting and award of the project, including the tasks and schedules contained in the "Coordination with Utility Schedule". 6.06 Railroads Not applicable 6.07 Bridge Inventory and Load Rating Forms Not applicable 6.08 Information Transmittal Upon completion of the contract documents, the Consultant will transmit to the Sponsor all project information, including electronic files. The electronic information will be PDF Format. Page 185 of 204 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 Consultant will place the advertisements. Advertisements for Bidding will be placed after "Authorization to Advertise" is granted to the Sponsor by the FHWA through the NYSDOT. 7.02 Bid Opening (Letting) The Sponsor will hold the public bid opening. 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: o Checking accuracy of quantity calculations. o 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 DOT. The Sponsor will award the contract and will transmit the award package to the NYSDOT as described in the "Locally Administered Federal Aid Procedures Manual." Page 186 of 204 Section 10 - Estimating & Technical Assumptions 10.01 Estimating Assumptions The following assumptions have been made for estimating purposes: Section 1 Estimate 4 meetings during the life of this agreement. Estimate 18 cost and progress reporting periods will occur during the life of this agreement. Assume 1 subconsultants and 0 subcontractors Section 2 Assume that survey information will be obtained in the field by the Consultant Estimate 0 crew day of supplemental survey will be required Estimate 10 accidents will require analysis. Estimate 0 traffic or intersection turning movement counts will be required. Estimate 0 capacity analyses will be required. Estimate 0 intersection simulation models will be developed. Estimate 0 subsurface investigations will be required. Section 3 Estimate 2 design alternative(s) will be analyzed in addition to the null alternative. Estimate 1 cost estimate(s) plus 2 updates will be required. Estimate 1 Public Information Meeting will be held. Estimate 0 Steering Committee Meetings will be required. Section 4 Estimate 1 permit will be required (NYSDEC SPDES). Estimate 1 finding document will be required for endangered species habitat assessment. Assume that a Phase I Environmental Site Assessment will be required. Page 187 of 204 Assume that a Phase 1A Archeological Investigation will not be required. Assume that Phase IB Archeological Field Investigation with Soil Test Pits and associated report will not be required. Assume an Architectural Resources Survey will not be required. Section 5 Estimate 1 meeting(s) with the Sponsor. Estimate 0 temporary easement title search Estimate 4 last owner title searches Estimate 0 20 year title searches Estimate 0 full abstracts. Estimate 4 last owner title certifications. Estimate 0 20 year title certifications. Estimate 0 full abstract certifications. Estimate 4 acquisition map reviews. Estimate 1 right of way cost estimate(s). Estimate 0 Informational Meetings Estimate 0 EDPL Public Hearings Estimate 4 Preliminary Property Owner Interviews. Estimate 4 Limited Appraisal Reports. Estimate 0 Full Take Appraisal Reports. Estimate 0 Before & After (land only) Appraisal Reports. Estimate 0 Before & After Appraisal Reports. Estimate 0 properties requiring two independent appraisal reports. Estimate 4 appraisal reviews. Page 188 of 204 Estimate 4 negotiation contacts per property owner. Estimate 0 revisions to Just Compensation Estimate 4 offer packages. Estimate 0 Administrative Settlements. Estimate 0 partial release(s) of mortgage. Estimate 0 Lien subordination agreements. Estimate 0 Lien satisfactions. Estimate 0 miscellaneous title curative issues. Estimate 4 property tax proration calculations. Estimate 4 closing packages. Estimate 1 right of way certificates. Section 6 Estimate 1 cost estimate(s) plus 2 updates will be required. Estimate 5 private utility companies and 0 railroad agencies will be affected. Estimate 0 retaining wall designs will be required. Section 7 Estimate 1 digital PDF copy of the final contract bid documents will be needed for prospective bidders and distributed electronically. Estimate 1 advertisement will be placed in 2 publications in addition to the NYS Contract Reporter, by the Sponsor. Assume only 1 letting will be required and will be attended by the Consultant. 10.02 Technical Assumptions 1. The survey work is subject to NYS DOL "prevailing wages". 2. Aerial mapping is not required. 3. In lieu of a control report a baseline will be established, including baseline Page 189 of 204 ties, and provided with the overall survey. Applicable language, notes, and adjustments will be provided to the Engineer for future plan set incorporation. 4. At least one (1) benchmark will be established on the site. 5. Access to the site and vicinity for surveying and other tasks will not be limited. 6. Overhead and underground utilities are assumed to be present. Dig Safe NY (811) shall be contacted by the Consultant and underground utilities will be marked prior to field survey. The Consultant shall coordinate with utility owners to identify ALL locations of underground utility infrastructure. Utility mapping provided by the Consultant must be comprehensive and complete. 7. The project will be progressed in English units and design mapping will be provided in survey-feet. 8. The Sponsor will provide existing available drainage maps, plans, drawings for incorporation into the Consultant's mapping. 9. Boundary/right-of-way (ROW) survey mapping is not required for individual properties. 10.Assume 35 separate properties with 34 separate and distinct owners that will require research (deed and other record information review) to establish reputed owners of properties in and adjacent to the project limits. The Sponsor will provide deed documents (metes and bounds) for incorporation into the Consultant's mapping. 11.Contract plans and cross-sections will be prepared at size (11"x17") in accordance with NYSDOT requirements. 12.The Design Approval Document format will be the PSR/FDR. 13.Traffic counts will not be required. 14.Accident reports will be required. 15. It is assumed that utility relocation agreements will be necessary for above ground and underground utilities. Utility relocation, including utility poles, will be by utility owners. 16. It is assumed that the NYSDOT and the State Historic Preservation Office (SHPO) will determine the project to have "no effect." 17. It is assumed that a detailed Section 4(f) or 6(f) analysis/report will not be required. Page 190 of 204 18.Asbestos investigations will be limited to all facilities and lands within the existing and proposed project limits. It is assumed that no ACM's (Asbestos Containing Materials) will be found. Asbestos removal/abatement, if necessary, would be added by supplemental agreement. 19. It is assumed that the preliminary hazardous waste assessment will not find conditions or materials that will require remediation or pose a significant threat to health of the environment. 20.One (1) Public Informational Meeting will be held locally. Display boards and brochures will be provided by the Consultant. The Consultant will prepare and present a PowerPoint presentation with visuals. The Sponsor will coordinate and make arrangements for the location of the meeting. 21.Writing of five (5) special specifications will be required. The remaining project elements will conform to the standard NYSDOT Specifications or existing NYSDOT Special Specifications. 22.With final submission, the Consultant will submit two (2) copies of the design calculations and estimate of quantities calculations, and one (1) digital PDF copy of the as-built plans. 23.The project is a Redevelopment Project under the NYSDEC General SPDES permit. Stormwater treatment will be provided to the extent feasible in accordance with the NYSDEC Redevelopment Guidelines and the Sponsor's policies as an MS-4. An Erosion and Sediment Control Plan and SWPPP is assumed. 24.Right-of-way easements or acquisitions are anticipated for this project. • Zero (0) Fee acquisition maps are anticipated. • Two (2) Permanent Easement (PE) maps are anticipated. • Two (2) Temporary Easement (TE) maps are anticipated. 25.Assume 4 properties with separate and distinct owners will be impacted by the project. 26.Assume 4 acquisitions will be valued greater than $10,000, but less than or equal to $40,000. 27.Assume 0 acquisitions will be valued greater than $40,000. 28.The project will be constructed in the 2027 construction season. 29.The following project schedule is initially anticipated as: Page 191 of 204 • Town and State Agreement Executed — March 2025 • Consultant Agreement Executed, Notice to Proceed — November 2025 • Begin Ground Survey, ROW Research — December 2025 • Survey Deliverable, Begin Preliminary Design Linework — January 2026 • Project Submittal Package (PSP) Submitted to NYSDOT— February 2026 • Public Information Meeting — March 2026 • Environmental Site Visit —April 2026 • Complete SEQR and FEAW— July 2026 • Submit Design Approval Document to NYSDOT —August 2026 • Begin NYSDOT Review (4 months) — September 2026 • Design Approval — December 2026 • Begin PS&E — December 2026 • Town Completes Tree Clearing — March 2027 • PS&E to NYSDOT— March 2027 • Construction Authorization —April 8, 2027 • Project Letting — June 2027 • Construction Begins — September 2027 • Construction Complete — November 2027 Page 192 of 204 ATTACHMENT C Architectural/ Engineering Consultant Contract Staffing Rates, Hours, Reimbursables and Fees Page 193 of 204 EXHIBIT A-1 Salary Schedule Barton&Loguidice,D.P.C. PIN#8763.38 Colonial Avenue Pedestrian Improvements Town of Mamaroneck ASCE(A) AVERAGE MAXIMUM OR HOURLY RATES HOURLY OVERTIME JOB TITLE NICET(N) PRESENT PROJECTED RATES CATEGORY GRADE 1/2025 12/2026 1/2025 Principal IX (A) $ 132.20 $ 135.14 $ 137.00 A Senior Vice President IX (A) $ 107.40 $ 109.79 $ 123.00 A Vice President IX (A) $ 84.77 $ 86.66 $ 90.00 A Senior Associate VIII (A) $ 81.50 $ 83.31 $ 81.50 A Associate VIII (A) $ 71.54 $ 73.13 $ 81.50 A Chief Engineer VII (A) $ 69.83 $ 71.38 $ 78.00 B Senior Managing Engineer VII (A) $ 61.20 $ 62.56 $ 73.00 B Senior Managing Hydrogeologist VII (A) $ 66.25 $ 67.72 $ 71.00 B Senior Managing Industrial Hygienist VII (A) $ 63.20 $ 64.61 $ 63.20 B Senior Managing Landscape Architect VII (A) $ 56.60 $ 57.86 $ 57.00 B Senior Project Manager VII (A) $ 58.00 $ 59.29 $ 80.00 B Chief Asset Management Specialist VI (A) $ 79.00 $ 80.76 $ 79.00 B Lead Architect VI (A) $ 55.30 $ 56.53 $ 55.30 B Lead Engineer VI (A) $ 56.40 $ 57.66 $ 56.40 B Lead Envrionmental Scientist VI (A) $ 56.00 $ 57.25 $ 56.00 B Lead Landscape Architect VI (A) $ 48.00 $ 49.07 $ 48.00 B Managing Engineer VI (A) $ 55.20 $ 56.43 $ 57.70 B Managing Hydrogeologist VI (A) $ 54.50 $ 55.71 $ 54.50 B Managing Landscape Architect VI (A) $ 46.00 $ 47.02 $ 46.00 B Project Manager VI (A) $ 47.00 $ 48.05 $ 50.00 B Senior Staff Engineer VI (A) $ 47.75 $ 48.81 $ 48.00 B Managing Architect V (A) $ 53.25 $ 54.43 $ 54.50 B Managing Community Planner V (A) $ 45.50 $ 46.51 $ 45.50 B Managing Industrial Hygienist V (A) $ 45.00 $ 46.00 $ 45.00 B Project Community Planner V (A) $ 36.75 $ 37.57 $ 37.50 B Senior Construction Manager V (A) $ 66.00 $ 67.47 $ 66.00 B Senior Project Engineer V (A) $ 51.17 $ 52.31 $ 56.70 B Senior Project Environmental Scientist V (A) $ 44.00 $ 44.98 $ 44.00 B Senior Project Landscape Architect V (A) $ 44.00 $ 44.98 $ 44.00 B Senior Staff Environmental Scientist V (A) $ 39.90 $ 40.79 $ 43.00 B Crew Chief IV (A) $ 38.97 $ 39.84 $ 42.50 B Lead Asset Management Specialist IV (A) $ 63.50 $ 64.91 $ 63.50 B Project Architect IV (A) $ 43.20 $ 44.16 $ 43.20 B Project Engineer IV (A) $ 45.62 $ 46.64 $ 48.80 B Senior Staff Hydrogeologist IV (A) $ 37.00 $ 37.82 $ 37.00 B Staff Architectural Desinger IV (A) $ 36.70 $ 37.52 $ 36.70 B Staff Asset Management Specialist IV (A) $ 58.30 $ 59.60 $ 58.30 B Staff Engineer IV (A) $ 46.04 $ 47.06 $ 49.50 B Staff Environmental Scientist IV (A) $ 35.00 $ 35.78 $ 35.00 B Staff Field Scientist IV (A) $ 35.00 $ 35.78 $ 38.50 B Staff Industrial Hygienist IV (A) $ 37.80 $ 38.64 $ 37.80 B Staff Intern Architect IV (A) $ 44.50 $ 45.49 $ 44.50 B Staff Hydrogeologist III (A) $ 30.30 $ 30.97 $ 30.30 B Architectural Designer I II/1 (A) $ 27.00 $ 27.60 $ 28.00 B Architectural Designer II II/1 (A) $ 31.00 $ 31.69 $ 33.00 B Assistant Landscape Architect I II/1 (A) $ 34.00 $ 34.76 $ 43.00 B Assistant Landscape Architect II II/1 (A) $ 31.70 $ 32.41 $ 31.70 B Community Planner I II/1 (A) $ 27.37 $ 27.98 $ 28.60 B Community Planner II II/1 (A) $ 30.25 $ 30.92 $ 30.50 B Engineer I II/1 (A) $ 36.00 $ 36.80 $ 38.00 B Engineer II II/1 (A) $ 40.35 $ 41.25 $ 43.50 B Engineering Designer I II/1 (A) $ 38.30 $ 39.15 $ 46.00 B Engineering Designer II II/1 (A) $ 49.77 $ 50.88 $ 51.50 B Environmental Scientist I II/1 (A) $ 25.67 $ 26.24 $ 26.00 B Environmental Scientist II II/1 (A) $ 29.67 $ 30.33 $ 30.50 B Chief Inspector IV (N) $ 52.50 $ 53.67 $ 55.00 C Office Engineer IV (N) $ 52.67 $ 53.84 $ 54.00 C Resident Engineer IV (N) $ 54.36 $ 55.57 $ 74.00 C Senior Engineering Technician IV (N) $ 47.37 $ 48.42 $ 50.00 C Senior Inspector IV (N) $ 46.00 $ 47.02 $ 46.00 C Construction Manager III (N) $ 51.07 $ 52.21 $ 53.20 C Inspector III (N) $ 31.00 $ 31.69 $ 37.50 C Senior Environmental Technician III (N) $ 24.00 $ 24.53 $ 24.00 C Senior Inspector III (N) $ 45.24 $ 46.25 $ 51.00 C Engineering Technician II (N) $ 36.50 $ 37.31 $ 37.50 C Environmental Technician II (N) $ 21.95 $ 22.44 $ 22.00 C Industrial Hygienist I I (N) $ 24.35 $ 24.89 $ 25.30 C Contract Specialist N/A $ 41.92 $ 42.85 $ 74.50 B Engineering Aide N/A $ 37.40 $ 38.23 $ 37.40 B Group Technical Assistant N/A $ 23.70 $ 24.23 $ 23.70 B Intern N/A $ 19.86 $ 20.30 $ 21.00 B Senior Group Technical Assistant N/A $ 29.55 $ 30.21 $ 34.40 B UAS Operator N/A $ 42.00 $ 42.93 $ 42.00 B 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 40 hours per week. Page 194 of 204 EXHIBIT A-2 Preliminary&Detailed Design Staffing Table I I I I I I I I I I I I I I I I I I Town of Mamaroneck Colonial Avenue Pedestrian Improvements Barton&Loguidice,D.P.C. PIN#8763.38 Preliminary Design Detailed Design 2026 PIN.121 PIN.221 PIN.222 PIN.121 ASCE(A) is ;; PROJECTED Sect_1,2,3,4 Sect.5 Sect.5 Sect_6, OR I OVERTIME Administration Data Collectoan Prelim Design Environmental ROW ROW Final Design Bidding,Award AVERAGE DIRECT DIRECT DIRECT DIRECT JOB TITLE NICET(N) CATEGORY Section Sectors Sectors Sectors Sectors Section Section Section Total HOURLY LABOR LABOR LABOR LABOR i 2 3 4 5 5 6 7 Hours RATE COSTS COSTS COSTS COSTS Principal IX (A) 2 2 $135.14 $270.28 Senior Associate VIII (A) 24 32 16 2 74 $83.31 $4,665.56 $1,499.64 Associate VIII (A) 8 4 16 16 12 4 60 $73.13 $3,217.81 $1,170.11 Senior Managing Engineer VII (A) 32 16 60 16 32 16 172 $62.56 $7,757.67 $3,002.97 Senior Project Manager VII (A) 20 100 120 $59.29 $1,185.81 $5,929.06 Managing Engineer VI (A) 24 12 36 $56.43 $1,354.28 $677.14 Senior Construction Manager V (A) 16 40 56 $67.47 $3,778.24 Senior Staff Environmental Scientist V (A) 16 16 $40.79 $652.61 Project Engineer IV (A) 48 124 4 160 8 344 $46.64 $8,207.79 $7,834.71 Engineer II II/1 (A) 48 244 200 16 508 $41.25 $12,044.38 $8,909.54 Engineering Designer I 11/1 (A) 10 40 40 90 $39.15 $1,957.61 $1,566.09 Environmental Scientist II 11/1 (A) 72 72 $30.33 $2,183.78 Contract Specialist N/A - 12 12 $42.85 $514.23 Senior Group Technical Assistant N/A 4 4 4 8 20 $30.21 $120.83 $120.83 $120.83 $241.66 TOTALS: 1 82 126 540 124 24 I 488 1 94 1.478 $42.946.83 I $1.306.64 I $6.049.89 I $28.680.11 iv co CD CO 01 0 N 0 EXHIBIT A-3 Estimate of Direct Non-Salary Cost PRELIMINARY DESIGN PHASE Town of Mamaroneck Colonial Avenue Pedestrian Improvements Barton & Loguidice, D.P.C. PIN #8763.38 1. Travel, Lodging and Subsistence Trips to Trips Section 1 2 315 miles/trip 630 Section 2 1 315 miles/trip 315 Section 3 3 315 miles/trip 945 Section 4 1 315 miles/trip 315 Round Trips 7 Total Mileage 2,205 @ $0.700 $1,543.50 Tolls 7 28 $/round trip $196.00 $196.00 TOTAL TRAVEL, LODGING,&SUBSISTENCE $1,740 2. Reproduction, Drawings&Report each sheets/set sets Design Phases I-IV Draft Design Document $0.09 150 1 $13.50 Final Design Document $0.09 150 2 $27.00 Draft/Final DAD Color Pgs. $0.99 20 2 $39.60 Informational Brochures(CIr) $0.99 2 50 $99.00 11"x 17"Prints for Reports $0.18 40 2 $14.40 Miscellaneous Copies $0.09 20 5 $9.00 TOTAL DRAWING,REPORT, REPRODUCTION $203 3. Owner's Protective Insurance(Estimated) $0 4. Mail, Postage,Shipping 0 months @ $10.00 per month $0 5. EDR Report $1,550 PIN.121 PRELIMINARY DESIGN DIRECT NON-SALARY COST(DNSC)= $3,492 Page 196 of 204 EXHIBIT A-4 Estimate of Direct Non-Salary Cost RIGHT OF WAY INCIDENTALS Town of Mamaroneck Colonial Avenue Pedestrian Improvements Barton & Loguidice, D.P.C. PIN #8763.38 1. Travel, Lodging and Subsistence Trips to Trips Section 5 8 315 miles/trip 2,520 Round Trips 8 Total Mileage 2,520 @ $0.700 $1,764.00 Tolls 8 25 $/round trip $200.00 $200.00 TOTAL TRAVEL, LODGING,&SUBSISTENCE $1,964 2. Reproduction, Drawings&Report each sheets/set sets Design Phases V Appraisals $0.09 30 4 $10.80 Preliminary Interviews $0.25 10 4 $10.00 Miscellaneous Copies $0.09 20 4 $7.20 TOTAL DRAWING, REPORT, REPRODUCTION $28 4. Mail, Postage,Shipping 4 Maps $15.00 per map $60 PIN.221 Right of Way Incidentals $2,052 Page 197 of 204 EXHIBIT A-5 Estimate of Direct Non-Salary Cost RIGHT OF WAY ACQUISITIONS Town of Mamaroneck Colonial Avenue Pedestrian Improvements Barton & Loguidice, D.P.C. PIN #8763.38 1. Travel, Lodging and Subsistence Trips to Trips Section 5 4 315 miles/trip 1,260 Round Trips 4 Total Mileage 1,260 @ $0.700 $882.00 Tolls 4 25 $/round trip $100.00 $100.00 TOTAL TRAVEL, LODGING,&SUBSISTENCE $982 2. Reproduction, Drawings&Report each sheets/set sets Design Phases V Negotiation Materials $0.25 10 4 $10.00 Miscellaneous Copies $0.09 20 4 $7.20 TOTAL DRAWING, REPORT, REPRODUCTION $17 4. Mail, Postage,Shipping 4 Maps $15.00 per map $60 PIN.221 Right of Way Incidentals $1,059 Page 198 of 204 EXHIBIT A-6 Estimate of Direct Non-Salary Cost DETAILED DESIGN PHASE Town of Mamaroneck Colonial Avenue Pedestrian Improvements Barton & Loguidice, D.P.C. PIN #8763.38 1. Travel, Lodging and Subsistence Trips to Trips Section 6 2 315 miles/trip 630 Section 7 1 315 miles/trip 315 Round Trips 3 Total Mileage 945 @ $0.700 $661.50 Tolls 3 28 $/round trip $84.00 $84.00 TOTAL TRAVEL, LODGING,&SUBSISTENCE $746 2. Reproduction, Drawings&Report each sheets/set sets Design Phases V-VI Black and White 8.5 x 11 $0.09 70 0 $0.00 Color Copies 8.5 x 11 $0.99 17 0 $0.00 Miscellaneous Copies $0.09 100 0 $0.00 Plans(11 x 17) $0.18 40 12 $86.40 $86.40 TOTAL DRAWING,REPORT, REPRODUCTION $86 3. Mail, Postage,Shipping 6 months @ $10.00 per month $60 PIN.121 DETAILED DESIGN DIRECT NON-SALARY COST(DNSC)= $892 Page 199 of 204 Exhibit B,Page 1 Salary Schedule Colonial Avenue Pedestrian Improvements Date 10/27/2025 PIN Name of Consultant:Civil Tec Engineering&Surveying P.C. Actual Max. Max. Max. ASCE(A) Hourly Hourly Hourly Hourly CT JOB TITLE NICET(N) Rates Rates Rates Rates Overtime Grade Jan-25 Jan-26 Jan-27 Jan-28 Category Principal IX(ASCE) $110.00 $113.30 $116.70 $120.20 A QC Manager V(ASCE) $48.00 $49.44 $50.92 $52.45 A Sr.Survey Manager L.S. V(ASCE) $65.00 $66.95 $68.96 $71.03 B CADD Specialist III(N) $42.00 $43.26 $44.56 $45.89 C CADD Specialist IV(N) $49.00 $50.47 $51.98 $53.54 C Party Chief(Office) III(N) $40.00 $41.20 $42.44 $43.71 C Instrument Person(Office) II(N) $35.00 $36.05 $37.13 $38.25 C Party Chief(Field) III(N) $51.16 $52.69 $54.28 $55.90 C I Instrument Person(Field) II(N) $42.44 $43.71 $45.02 $46.38 C NOTES: Hourly rates shall not exceed those shown above. Party Chief/Instrument Person Field rates will be based on current Prevailing Rates at the time the work commences. New Prevailing Rates are posted on July,01 for each year 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 40 hours per week. Week is defined as Monday through Sunday. Holidays count towards 40 hours. Page 200 of 204 Exhibit B,Page 2 Staffing Table Colonial Avenue Pedestrian Improvements 10/27/2025 PIN Name of Consultant:Civil Tee Engineering&Surveying P.C. Tasks JOB TITLE ASCE(A) OR 2.01 2.02 2.01B 2.01C 5.02 5.03 2026 DIRECT NICET(N) Design Design Stream Supplemental Row Row TOTAL HOURLY TECHNICAL GRADE Survey Mapping Sections Survey Survey Mapping HOURS RATE LABOR Principal P.E IX(ASCE) 1 1 $113.30 $113.30 QC Manager V(ASCE) 2 2 $49.44 $98.88 Sr.Surveyor Manager LS V((ASCE) 2 2 2 4 10 $66.95 $669.50 CADD Specialist III(N) 20 16 36 $43.26 $1,557.36 Senior CADD Specialist IV(N) 8 4 12 $50.47 $605.64 Party Chief(Office) III(N) 8 4 12 $41.20 $494.40 Instrument Person(Office) II(N) 8 4 12 $36.05 $432.60 Party Chief(Field) III(N) 16 8 24 $51.16 $1,227.84 Instrument Person(Field) II(N) 16 8 24 $42.44 $1,018.56 Total 53 22 0 0 34 24 133 $6,218.08 a) (D fV 0 0 10/28/2025 IV 0 Exhibit B, Page 3 Direct Non-Salary Costs Colonial Avenue Pedestrian Improvements Date 10/27/2025 PIN Name of Consultant: Civil Tec Engineering & Surveying P.C. 1. Travel & Lodging Lodging 0 nights Lodging & Meal per diem per person = $178.00 $0.00 Mileage 3 trips @ 120 miles per trip = 360 miles @ $0.655/mile = $235.80 3. Supplemental Benefits Hours Rate Total Party Chief 24 $24.53 $588.72 Instrument Person 24 $24.53 $588.72 Total Supplemental Wages $1,177.44 $0.00 $0.00 $0.00 $1,177.44 Total 1,413.24 10/28/2025 Page 202 of 204 Exhibit B Page 4 Summary Colonial Avenue Pedestrian Improvements Date 10/27/2025 PIN Name of Consultant: Civil Tec Engineering & Surveying P.C., P.C. Item IA, Direct Technical $6,218 Salaries (estimated) subject to audit Item IB, Direct Technical $0 Salaries Premium Portion of overtime subject to audit (estimate) Item II Direct Non- Salary Cost (estimated) $1,413 subject to audit Item III, Overhead $8,643 (estimated)subject to audit Item IV, Fixed $1,486 Fee (negotiated) Item II Direct Non- $0 Salary Cost (estimated) subject to audit (Sub-Consultant Cost) Total Estimated Cost $17,760 MAP $18,000 10/28/2025 Page 203 of 204 EXHIBIT C Summary Town of Mamaroneck Colonial Avenue Pedestrian Improvements Barton&Loguidice,D.P.C. PIN#8763.38 Preliminary ROW ROW Detailed Design Incidentals Acquisitions Design 8763.38.121 8763.38.221 8763.38.222 8763.38.121 Total Total Total Total Total Item IA,Total Labor Costs based on $42,947 $1,307 $6,050 $28,680 $78 983 Specific Rates Item IB,Direct Technical Salaries Premium Portion of overtime subject to audit(estimate) $0 $0 $0 $0 $0 Item II,Direct Non- Salary Cost(estimated) subject to audit $3,492 $2,052 $1 059 $892 $7495 Item II Direct Non- Salary Cost(estimated) subject to audit (Sub-Contractor Cost) $0 $0 $0 $0 $0 SMPR $2,000 $2,000 Miller,Mannix,Schnacter,8 Hefner $3,200 $3,200 Item II Direct Non- BBG $7,200 $7,200 Salary Cost(estimated) Fanelli Appraisals $1,500 $1,500 subject to audit (Sub-Consultant Cost) Survey,ROW Mapping Civil Tec(DBE) $18,000 $18,000 Item III,Overhead (estimated)subject to audit Office Rate 171% $73,439 $2,234 $10,345 $49,043 $135,062 Item IV,Fixed Fee (negotiated) $15,800 $500 $2 300 $10,500 $29,100 Sub-Totals $153,678 $19,993 $19,754 $89,115 Total= $282,540 -13 Total PIN 8763.41.221(ROW Incidentals)_ $19,993 Total PIN 8763.41.222(ROW Acquisition)_ $19,754 (D Total PIN 8763.41.121(Phase 1 through 7)_ $242,793 fJ O Maximum Amount Payable= $282,540 0 O