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Home My WebLink About2026_09_02 Town Board Meeting Packet w 11) H FOUNDED1E.61 Town of Mamaroneck Town Board Agenda Wednesday, September 2, 2026 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 - Complete Streets Boston Post Rd Improvements 3 - 4 Discussion - Complete Streets Boston Post Road Improvements - Pdf 2. Discussion - Engineering Proposal - Gardens Lake Dredging Project 5 - 20 Engineering Proposal - Gardens Lake Dredging Project - Pdf 3. Discussion - 2026 Bond Resolution 21 - 25 2026 Bond Resolution - Pdf 4. Discussion - 2026 Capital Budget Amendments 26 - 28 02 Sep 2026 - 2026 Capital Budget Amendments - Pdf 5. Discussion - 2027 Capital Improvements 6. Discussion - 2026 Operating Budget Amendments 29 - 31 2026 Operating Budget Amendments - Pdf 7. Discussion - Award of Bid TA-26-05A Janitorial Services - Town 32 - 35 Facilities Award of Bid TA-26-05A Janitorial Services - Town Facilities - Pdf 8. Request for Executive Session 9. Updates 10. 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 their cable set-top boxes — Optimum 75/76/77 or Verizon Fios 34/35/36 -- or online at LMCMedia.orq CALL TO ORDER Page 1 of 69 SUPERVISOR'S REPORT PUBLIC HEARING(S) RESIDENT COMMENTS STAFF COMMENTS/ PRESENTATIONS BOARD OF FIRE COMMISSIONERS 1. Call to Order 2. Fire Claims 36 - 38 Fire Claims - Pdf 3. Fire Report 4. Other Fire Department Business AFFAIRS OF THE TOWN OF MAMARONECK 1. Consideration - 2026 Capital Budget Amendments 39 - 41 02 Sep 2026 - 2026 Capital Budget Amendments - Pdf 2. Consideration - 2026 Bond Resolution 42 - 46 2026 Bond Resolution - Pdf 3. Consideration - 2026 Operating Budget Amendments 47 - 49 2026 Operating Budget Amendments - Pdf 4. Consideration - Award of Bid TA-26-05A Janitorial Services - Town 50 - 53 Facilities Award of Bid TA-26-05A Janitorial Services - Town Facilities - Pdf 5. Consideration - Engineering Proposal - Gardens Lake Dredging Project 54 - 69 Engineering Proposal - Gardens Lake Dredging Project - Pdf 6. Consideration - Salary Authorization A 7. Consideration - Settlement A REPORTS OF MINUTES REPORTS OF THE COUNCIL TOWN CLERK'S REPORT TOWN ATTORNEY'S REPORT ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING - September 16, 2026 Any physically handicapped person needing special assistance in order to attend the meeting, should contact the Town Administrator's office at 914-381-7810. Page 2 of 69 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: Complete Streets - Boston Post Rd Improvements Date: September 2, 2026 Consultant Brian Dempsey of DTS Provident Design Engineering, will be in attendance at the work session to discuss the Complete Streets Boston Post Road Improvement Project. Action Requested: For discussion purposes, only, at this time. Page 3 of 69 73 "v n Town of Mamaroneck Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 @townofmamaroneckNY.org Date: September 2, 2026 To: Meredith Robson, Town Administrator From: Subject: Complete Streets - Boston Post Rd Improvements Page 4 of 69 10 0 ul 1 rri Town of Mamaroneck in # x Town Center ii FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Engineering Proposal - Gardens Lake Dredging Project Date: September 2, 2026 Attached please find a memo from Robert Wasp, Town Engineer, requesting authorization of a design consultant services agreement for the Gardens Lake Dredging Project. Action Requested: Resolved that the Town Board hereby approves the submitted proposal from Langan Engineering, Surveying, Landscape Architecture and Geology, D.P.0 for design services for the Gardens Lake Dredging project for an amount not to exceed $85,500.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Eng Memo_Consultants for Dredge 08262026 2026-08-18 Mamaroneck Garden Lakes Dreding Proposal Page 5 of 69 0 ring Department TEL:914/381-7835 Town of ti quo k FAX:914/381-8473 740 Wes, _ `' '' rcn, t Road Mamaro 'FOUNDED 1661 543 INTERDEPARTMENT MEMORANDUM DATE: August 26, 2026 TO: Meredith Robson, Town Administrator FROM: Robert Wasp, P.E., Town Engineer SUBJECT: Authorization of Consultant Proposal Design Development& Permit Support for Gardens Lake Dredge GENERAL: The attached proposals from consultant"Langan Engineering, Surveying, Landscape Architecture and Geology,D.P.C" (Langan) has been prepared based upon the Town's intended project. The consultant scope is tailored based upon the capital project included in the Town's 2026 budget and maintains the planned objectives to prepare bid-level documents and secure necessary environmental permits for the planned dredge removal of accumulated sediment and debris in a portion of the Gardens Lake waterbody. An approximate volume of 4,000 cubic yards of material is planned to be removed and disposed of within the available budget allocation. Langan has demonstrated technical experience with environmental permitting and watercourse restoration projects through the technical qualifications submitted with their proposal. Their scope includes support with completion of SEQR review, design development and obtaining Protection of Waters Permit coverage from the NYSDEC. Langan's proposal includes allowances for meetings as well as construction phase support as Engineer of Record to support Town staff during implementation of the project. The Engineering Department will lead the daily inspection and construction management effort for the Garden's Lake Dredge that is now anticipated to commence construction in spring 2027. The proposal fee of$85,500 is within the Town's available 2026 capital project funding under H8553. The Engineering Department recommends that the Town Board authorize execution of Langan's proposal to allow for design development to proceed on schedule Please feel free to contact me with any questions. Page 6 of 69 L NL11 A/ Technical Excellence Practical Experience Client Responsiveness August 18, 2026 Sent via email: RWasp@townofmamaroneckny.gov Robert P. Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 (P) 914-381-7835 Re: Professional Services Proposal Gardens Lakes Dredging Lakeside Dr, Larchmont, NY Langan Project No.: 1900... Dear Mr. Wasp: As requested, Langan Engineering, Environmental, Surveying, Landscape Architecture and Geology, D.P.C. (Langan) is pleased to submit this proposal for engineering consulting services for the proposed dredging of the lake located at Lakeside Drive in the Town of Mamaroneck, New York. Our proposed scope of services is based on our experience in Westchester County, our knowledge of the entitlement process, and our discussions regarding the anticipated deliverables. PROJECT UNDERSTANDING The scope of this project includes dredging of the Gardens Lake located along Lakeside Dr between 1-95 and Rocky Rd. This site is designated as Block 215, Lot 518. The lake is approximately 3.3 acres and contains inlet and outlet concrete weirs. The following is a general summary of the potential approvals required from outside agencies to perform the dredging at this site (please note that these will be evaluated as part of our conceptual task to capture any other potential approvals): • NYSDEC Protection of Waters Approval • State Environmental Quality Review Act (SEQRA) determination. To assist with securing these approvals, Langan will: • Prepare Permit and Design documents in accordance with the NYSDEC & USACOE Regulations. • Prepare supporting documents for SEQRA. Based on our experience with SEQRA and the location of this project, we have assumed for purposes of this proposal the Lead Agency will likely be the Town Board who will issue a negative declaration. One North Broadway, Suite 910 White Plains, NY 10601 T: 914.323.7400 F: 914,323.7401 www.langan.com New Jersey• New York•Connecticut•Massachusetts• Pennsylvania•Washington, DC•Ohio•Illinois•Florida•Texas•Arizona•Colorado•Washington•California Athens•Calgary•Dubai • London• Panama Page 7 of 69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 2 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... SCOPE OF SERVICES: This proposal includes the following services: • SEQRA Services • Site/Civil Engineering • Construction Administration The scope of services included in each of these categories is provided in Attachments A and the associated fees are provided in Attachment B. Because of the nature of this project and the SEAR process, it is difficult to determine an exact scope of services. The final design of the project and the level of analysis required by the Town could significantly impact the final scope and our fees. Currently, neither of these items are fixed. Based on our experience, we have identified what we believe to be a reasonable scope. However, as the project design advances, we will re-evaluate our proposed scope and related fees, and if necessary, adjust them accordingly to reflect the actual scope required for the Project. We aim to make what can be a complex regulatory process as clear and efficient as possible. For this proposal we have developed our scope based on the assumption the Board will issue a negative declaration. The fees outlined in Attachment B are estimated fees invoiced on Time and Materials based on our hourly rates in accordance with our Schedule of Fees and General Terms and Conditions. A separate estimated cost has been provided for certain reimbursable expenses that may be incurred by us during our services including but not limited to professional liability insurance, express mailings, drawing and report reproduction, and travel expenses in accordance with our standard conditions. Any task not specifically described in our scope is excluded from this proposal. Invoices will be submitted to you monthly. LA 111\'69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 3 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... CLOSURE We appreciate the opportunity to provide you with this proposal and we look forward to supporting you on this project. If you would like us to proceed as outlined above, please sign the authorization below and return one copy to authorize these services. If you have any questions or need more information, please feel free to contact the undersigned at (914) 323-7415 or via email at kwerner@langan.com. Sincerely, Langan Engineering, Environmental, Surveying, Landscape Architecture and Geology, D.P.C. Aet#2.0," Michael Finan, PE, LEED AP Principal Keith Werner, PE Senior Project Manager Enclosure(s): Schedule of Fees & General Terms and Conditions \\langan.com\BDM\WPW\Marketing Data\Proposals\2026\_Municipaf\Town of Mamaroneck Gardens Lake Dredging\Mamaroneck Garden Lakes Dreding Proposal.docx LA IVANIV69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 4 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... AUTHORIZATION Receipt of this Proposal, including the Schedule of Fees and General Terms and Conditions annexed hereto, is hereby acknowledged and all of the terms and conditions contained therein are accepted. Robert P. Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Re: Langan Engineering, Environmental Surveying and Landscape Architecture and Geology, D.P.C. August 18, 2026 Professional Services Proposal Gardens Lakes Dredging Lakeside Dr, Larchmont, NY Langan Project No.: 1900... Company: ("Client") By/Title: (Authorized representative) Signature: Date: L A 411V69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 5 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... ATTACHMENT A- SITE/CIVIL ENGINEERING SERVICES Task 1 - NYSDEC SEQR Full EAF Part 1 We assume that the site will not undergo the NYS Environmental Conservation Law (SEQRA) EIS process and will receive a negative declaration issued by the Town. We have assumed that a Scoping Outline, Draft Environmental Impact Statement (DEIS), Final Environmental Impact Statement (FEIS) and a Finding Statement will not be required. If an EIS becomes required, we will provide a separate proposal at that time. We will prepare a draft of Part 1 of the Long Form Environmental Assessment Form (FEAF) for review and discussion with the Client and/or project attorney. We will finalize Part 1 of the FEAF once the final project layout has been determined for the site and include it in the plan application package. Also note that we rely upon your other consultants to complete their respective sections (i.e. traffic, noise, etc.) to prepare the FEAF. Task 2 - Site/Civil Existing Data Review and Site Visit We will review the survey and other historical information provided to us by you. We will prepare a site plan that will demonstrate the critical issues relative to access, site constraints and regulatory permitting requirements. We will also identify constraints that could significantly affect the site plan approval. a. Site Visit: We will conduct a site visit to take photographs of the site and surrounding areas. We will look at existing site features, identify the locations of existing infrastructure on and adjacent to the site, and identify other conditions that may influence the site plan approval. Task 3 - Design Development Drawings We will prepare Design Development (DD) drawings. The plan set will be developed to the level of detail required by the local approval process and NYSDEC & USACOE permit. We anticipate preparing the following site/civil drawings: Existing Conditions & Removal Plan, Grading and Drainage Plan and Details, Cross Sections, Erosion and Sediment Control Plan and Details, and Construction Details. We will include a landscape restoration plan based on input from your office. Details and a table of the proposed plantings will also be provided. Itemized engineering construction estimates will be prepared at the 60% design development submission. We will provide technical specifications based on the design development documents. Specifications will cover the site improvements represented on the design development documents. Specifications will reference New York State Department of Transportation (NYSDOT) standard specifications. LA/VOA I\J69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 6 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... Task 4 - NYSDEC Protection of Waters Permit We will prepare the Joint Application for Permit as it relates to excavation and filling in navigable waters. We will provide the USGS Quadrangle Map to identify project location. Task 5 - Meetings We will attend meetings when requested. These may include meetings with the Town. As the number of meetings needed is dependent on the reviewing agencies, we have provided an estimated allowance for meetings for engineering tasks described in this proposal. Meetings will be invoiced on a time spent basis including preparation and travel time during normal business hours. For purposes of this proposal we have included a budget for meetings that will be invoiced on a time-spent basis and the allowance is based on our best approximation at this time. The meetings and conference calls will be attended by Langan professionals as required. Task 6 - Construction Documents We will prepare Construction Drawings (CD), which will expand upon the Site Plan Approval Drawings to provide additional information to achieve minimal construction issues. The CDs will also incorporate the site plan approval conditions received from the Town. We will also coordinate with your office to reflect any changes to the site layout. We will prepare technical specifications for the information presented on the site/civil drawings based on a format provided by your office. We will provide copies of our technical specifications for inclusion in the final bid documents. Task 7 - Regulatory Revisions We anticipate that during the approval process, the Town will require revisions to the engineering plans and possibly the SEQRA documents. As the number of revisions is difficult to determine currently, we have included an allowance for this effort. Task 8 - Construction Administration We will provide support services related to the construction phase for this project. Support services will generally include shop drawing review; submittal review of site/civil related items; responding to Requests for Information (RFI) and clarification from the contractor; construction coordination calls; conduct site visits; issue field reports; issue bulletins as needed; and preparation of plan modifications during construction to address RFI's or provide clarification. We LA/ 4IV69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 7 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... have proposed a budget for this task. We will not exceed the allowance without your prior approval. We will perform (2) construction site inspections throughout construction to ensure construction is progressing as intended on the permitted plans and for each of the site components that require our certification prior to backfill. The construction site inspections will verify the dredging is being performed in accordance with the construction drawings. As the level of effort for construction administration services is difficult to estimate, for budgetary purposes we have assumed 20 hours for review of submittals and shop drawings, 20 hours for review of RFIs, 2 site visits (includes field report), one initial pre-construction meeting and one final punch list, and the issuance of one bulletin throughout construction. Should our attendance at additional meetings or site visits be requested, we will notify you. We will invoice our services on a time and materials basis in accordance with the terms and conditions of the original contract. We will not exceed our budgets without your authorization. Assumptions The following services are excluded from this scope: as-built surveys, easements, structural engineering, site electrification, MEP, building signage, detailed design of retaining walls/structural engineering, LEED and payment of service connection or application fees. LA►llIV69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 8 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... ENTITLEMENT/APPROVAL PHASE SERVICES ATTACHMENT B — ESTIMATED FEES SITE/CIVIL ENGINEERING SERVICES 1. NYSDEC SEAR Full EAF Part 1 $ 4,000 2. Site/Civil Existing Data Review and Site Visit $ 4,500 3. Design Development Drawings $ 35,000 4. NYSDEC Protection of Waters Permit $ 3,000 5. Meetings (Allowance) $ 7,000 6. Construction Documents $ 7,000 7. Regulatory Revisions (Allowance) $ 5,000 8. Construction Administration (Allowance) $ 20,000 TOTAL $ 85,500 Reimbursable Expenses (Allowance) $ 500 Notes: 1. The above fees do not any other work not explicitly stated herein. 2. Fees stated herein are estimates of cost,and actual invoices will be based on time spent.Permit application fees are not included in the budgets. 3. Reimbursable expenses,which include express mail, reproduction for submittals have been estimated for budgetary purposes only.Actual expenses will be invoiced as incurred at cost plus 10 percent.A 15%markup will be applied to subcontractor costs. This markup is estimated and included in the above costs. 4. The budget fees given herein are subject to review if the project layout,schedule,or building footprints are revised significantly after engineering has begun. 5. Fees do not include architectural, MEP,structural design,detailed cost estimating,grant support, irrigation design,construction administration or other specialty design services. 6. File reviews at governmental offices if needed will be performed as authorized on a time and materials basis. 7. This cost estimate assumes unrestricted access to any area of the site during implementation of this scope. 8. The subsurface investigation includes limited sampling and analysis of soil,groundwater,and soil vapor at the property,with a focus on evaluation for the purposes of future liabilities and potential construction premiums. This baseline scope is highly dependent on the findings of Task 1 and has the potential to increase or decrease. 9. Excludes agency coordination, investigation and remediation activities that may be required if a reportable spill is encountered. Excludes delineation of impacts if identified. 10. No costs are included for the characterization or disposal of investigation-derived waste 11. The information provided by Client shall be assumed to be correct and without error. 12. This proposal does not include the survey of any off-site improvements that may be required as part of future development. These services can be provided under a separate scope of services if required. 13. This proposal does not include the mark out(tone-out)or video of any utilities from a third party subsurface utility engineering company, however this scope of services can be provided upon request for additional fee. 14. Client shall be responsible for all submissions and pay all application fees, permit fees, recording/filing,and review fees for the project. Exclusions Services relating to the following items are not anticipated for the project or cannot be quantified at this time. Therefore, any service associated with the following items is specifically excluded from the scope of professional services within this agreement: • Application fees and escrow deposits to the municipality or to any regulatory review agencies. • Exploratory or testing work, interpretations or conclusions related to determination of potential chemical, toxic, radioactive or other type of contaminants on the site. • Preparation of an Environmental Impact Statement(EIS). • Preparation of an irrigation design for any or all of the proposed landscaping. L A 4144.4 69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 9 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... • Retaining wall design and construction drawings. • Structural calculations or design for signs, culverts or bridges, special structures and/or retaining walls, bulkhead, piers, docks if required by the various review agencies. • Substantial plan revisions, changes, or preparation of additional design support requested by regulatory agencies during the course of project review. • Plan revisions by Town Engineer or other project representative's decision. • Land Surveying. • Construction document and inspection phase services. • Construction Stake-Out and/or additional field surveying information except as noted. • Services not explicitly stated herein are excluded. If an item listed herein, or otherwise not specifically mentioned within this agreement, is deemed necessary Langan may prepare an addendum to this agreement for your review,outlining the scope of additional services and associated professional fees with regard to the extra services. We understand the client may terminate this contract at any time; however, the client must pay all outstanding invoices up to the date of termination. LAl1d1V69 SCHEDULE OF FEES AND CONDITIONS Effective 1 January 2023 BILLING CATEGORY HOURLY BILLING RATE Technician I 90 Technician II 110 Technician III 135 Staff Personnel - Level I 185 Staff Personnel - Level II 195 Staff Personnel - Level III 210 Senior Staff Personnel - Level I 230 Senior Staff Personnel - Level II 240 Senior Staff Personnel - Level III 255 Project Personnel - Level I 270 Project Personnel - Level II 280 Project Personnel - Level III 290 Senior Project Personnel - Level I 300 Senior Project Personnel - Level II 310 Executive Associate/Senior Associate/Associate 325 Associate Principal 335 Principal 355 Senior Principal 365 - Managing Principals are billed at$395/Hour - Senior Consultants are billed at$350/Hour - At any level, personnel may be engineers, geologists, hydrogeologists, landscape architects, regulatory specialists, scientists, planners,toxicologists, wetland specialists,etc. - Litigation related services, including expert testimony, court appearances, depositions, etc.are billed at 1.5 times the above rates. The services will be billed at a minimum of 4 hours for up to one half day and a minimum of 8 hours for services over 4 hours. - Langan reserves the right to make adjustments for individuals within these classifications as may be necessary by reason of promotion,and to increase our hourly billing rates due to annual salary increases. COMPUTER SERVICES Our in-house computer usage is billed on a time used basis at the following rates: Rate per Hour CADD,GIS and Terrain Modeling Programs $30.00 Engineering Programs/Digitizing $25.00 SURVEYING SERVICES See survey-specific Schedule of Fees and Conditions SUBCONTRACTOR/SUBCONSULTANT COSTS All subcontracted services including lab tests and analyses,borings,test pits,report reproduction,outside computer services,surveying,etc.,will be billed at cost plus 15%. REIMBURSABLE EXPENSES PROFESSIONAL LIABILITY AND RELATED INSURANCE A surcharge of 4%will be added to the invoice total to cover the cost of Professional Liability Insurance and related costs of insurance. IN-HOUSE LABORATORY TESTS Laboratory testing will be billed at unit rates depending on the type of test. A schedule of unit prices for standard laboratory tests will be furnished upon request. Engineering soil and/or rock samples will be stored for 90 days without charge and will be discarded,or returned to the client, unless otherwise requested by the client. Sample storage past 90 days will be billed at$10.00 per box per month. HEALTH AND SAFETY AND OTHER SPECIAL FIELD EQUIPMENT Special equipment such as nuclear densitometers,seismographs,load test equipment,surveying equipment,disposable protective equipment,and respirator cartridges will be billed on a daily rate.PID's and similar safety and/or monitoring equipment will be billed on daily,weekly or monthly rates. A rate schedule will be provided upon request. OTHER EXPENSES All expenses incurred for special supplies,plotting and plan reproduction,long distance communications,travel and subsistence and other project related expenses will be billed at cost plus 10%. Car mileage is billed at current IRS rates. Sampling vans/Field Vehicles are billed at a daily rate of$210. PREVAILING WAGE If applicable,prevailing wage premium will be added to the rates stated above. TERMS Invoices are payable within 30 days. Service charge of 1.5%/mo.will be imposed on all bills not paid w/in 30 days. If a bill remains unpaid after 60 days,we will discontinue our work until payments are received to bring your account current. We reserve the right to terminate an account without notice for non-payment. Version:1/2023 LAIVFAPf 69 Wangan.com\data\PAR\other\SOFs\2023\2023 RAF Rates.docx GENERAL TERMS AND CONDITIONS These Terms and Conditions shall apply to services provided by Langan Engineering, Environmental,Surveying,Landscape Architecture and Geology, D.P.C.; or Langan Engineering and Environmental Services, LLC;or Langan CA Inc.; or Langan CT, Inc.; or Langan MA, Inc.; or Langan MI, Inc.; or Langan NC, Inc.; or Langan International, LLC; or Langan International UK, LTD.; or Langan Panama, S. DE R.L.; or Langan PR LLC; or Navix Engineering,LLC;or such other Langan entity specifically identified in the Proposal(each individually,a"LANGAN ENTITY");and together with the proposal to which these Terms and Conditions are attached (hereinafter, the "Proposal"), shall constitute the "Agreement." For purposes of this Agreement, the LANGAN ENTITY identified in the Proposal shall be referred to as"LANGAN"and the entity signing the Proposal shall be referred to as"CLIENT." A. SCOPE OF SERVICES AND ADDITIONAL SERVICES LANGAN will provide those services specifically identified in the Proposal(hereinafter,the"Services"). All Services,regardless of the commencement date,will be covered by these Terms and Conditions. All services not specifically identified in the Proposal are excluded;provided,however,that if requested by the CLIENT and agreed to by LANGAN in writing,LANGAN will perform such additional services("Additional Services")subject to these Terms and Conditions.Unless otherwise agreed in writing,the CLIENT shall pay LANGAN for the performance of any Additional Services on a time-and-materials basis based upon LANGAN's then-current hourly rates. For avoidance of doubt,email will constitute written notice. B. STANDARD OF CARE LANGAN's services will be performed in accordance with this Agreement and in a manner consistent with the generally accepted standard of care and skill ordinarily exercised by professionals performing similar services under similar circumstances at the place and time the services are being performed(the"Standard of Care"). LANGAN will exercise reasonable professional care in its efforts to comply with codes,regulations,laws,rules,ordinances,and such other requirements in effect as of the date of execution of this Agreement. The CLIENT agrees that no other representation, warranty or guarantee, expressed or implied, is provided by LANGAN or is presumed given by LANGAN under this Agreement or in any report,opinion,or any other document prepared by LANGAN or otherwise. C. CLIENT RESPONSIBILITIES In addition to other responsibilities described herein, the CLIENT shall: (i) provide all information and criteria as to the CLIENT's requirements, objectives, and expectations for the project, including all numerical criteria that are to be met and all standards of development,design,or construction and all other information reasonably necessary for completion of the Services, prior to the commencement of the Services; (ii) provide prompt,complete disclosure of known or potential hazardous conditions or health and safety risks;(iii)provide to LANGAN all previous studies,plans,or other documents pertaining to the project and all new data reasonably necessary in LANGAN's opinion for completion of the Services; (iv)review all documents or oral reports presented by LANGAN and render in writing decisions pertaining thereto within a reasonable time so as not to delay the Services; (v) furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of LANGAN's Services; (vi)give prompt written notice to LANGAN whenever the CLIENT becomes aware of any development that affects the scope and timing of LANGAN's Services or any defect or noncompliance in any aspect of the project;(vii)give immediate written notice to LANGAN whenever CLIENT becomes aware of a cyber-event impacting CLIENT's or LANGAN's data or computer systems, including but not limited to theft,dissemination or use of confidential or personally identifiable information,or breach of network security(including unauthorized access to,use of or tampering with computer systems or data,or introduction of any virus or malware);and(viii)bear all costs incident to the responsibilities of the CLIENT. LANGAN will have the right to reasonable reliance upon the accuracy and completeness of all information furnished by the CLIENT. CLIENT acknowledges that LANGAN has expended substantial time and expense in recruiting and training its employees and that the loss of such employees would cause significant financial harm to LANGAN.CLIENT therefore agrees that during the term of this Agreement and for one(1)year following completion of the Services,not to,directly or indirectly,attempt to or actually solicit,recruit or hire,any LANGAN employee involved with the Services. In the event this provision is violated,CLIENT will,on demand,pay LANGAN damages in an amount equal to the current yearly salary of the employee.CLIENT agrees that:(i)damages for a violation of this provision are difficult to ascertain;and(ii)the amount set forth herein bears a reasonable relationship to the actual damages LANGAN would incur and does not constitute a penalty.This provision will not apply to offers of employment resulting from general solicitations in the public domain. D. INVOICING AND SERVICE CHARGES LANGAN will submit monthly invoices to the CLIENT and a final bill upon completion of Services.The CLIENT shall notify LANGAN within two weeks of receipt of invoice of any dispute with the invoice.The CLIENT and LANGAN will promptly resolve any disputed items. Payment on undisputed invoice amounts is due upon receipt of invoice by the CLIENT and is past-due thirty(30)days from the date of the invoice.Any unpaid balances shall accrue late charges of 1.5%per month, or the highest rate allowed by law,whichever is lower,and the CLIENT agrees to pay all fees and expenses incurred by LANGAN in any collection action. The CLIENT shall notify LANGAN prior to executing this Agreement if federal,state,or local prevailing wage requirements apply. If prevailing wages apply,and LANGAN was not notified by CLIENT,CLIENT agrees to pay LANGAN the prevailing wage for new invoiced amounts,as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. CLIENT also agrees to defend,indemnify,and hold harmless LANGAN from any alleged violations for failing to pay prevailing wages,including the payment of any fines or penalties. E. RIGHT OF ENTRY The CLIENT shall provide for safe right of entry in order for LANGAN to perform its Services,including execution of any site access or license agreements required for completion of the Services.LANGAN will not be required to execute any site access or license agreement(s).While LANGAN will take all reasonable precautions to minimize any damage to the property,the CLIENT acknowledges and agrees that in the normal course of work some damage may occur,the correction of which is not part of this Agreement unless specifically provided in the proposal. F. JOBSITE SAFETY AND CONTROL OF WORK LANGAN will take reasonable precautions to safeguard its own employees and those for whom LANGAN is legally responsible. Unless expressly agreed to in writing by LANGAN under separate contract, LANGAN will have no responsibility for the safety program at the Project or the safety of any entity or person other than LANGAN and its employees. Neither the professional activities of LANGAN nor the presence of LANGAN's employees and subcontractors at the Project site will be construed to confer upon LANGAN any responsibility for any activities on site performed by personnel other than LANGAN's employees and subcontractors. The CLIENT agrees that LANGAN will have no power, authority, right or obligation to supervise, direct, stop the work of or control the activities of any other contractors or subcontractors or construction manager,their agents,servants or employees. G.EXISTING CONDITIONS AND SUBSURFACE RISKS Special risks occur whenever engineering or related disciplines are applied to identify subsurface conditions.Even a comprehensive sampling and testing program implemented in accordance with a professional Standard of Care may fail to detect certain conditions.The environmental,geologic,geotechnical,geochemical, and hydrogeologic conditions that LANGAN interprets to exist between sampling points will differ from those that actually exist.The CLIENT recognizes that actual conditions will vary from those encountered at the locations where borings, sampling, surveys, observations or explorations are made by LANGAN or its subcontractors and that the data, interpretation,and recommendations of LANGAN are based solely on the information available to it. Furthermore,the CLIENT recognizes that passage of time,natural occurrences,and/or direct or indirect human intervention at or near the site may substantially alter discovered conditions. LANGAN shall not be responsible for interpretations by others of the information it develops or provides to the CLIENT. Version: 03022026FINAL Page 1 of 4 Page 17 of 69 LANGAN will take reasonable precautions to avoid damage or injury to subterranean structures or utilities in the performance of its services.The CLIENT agrees to defend, indemnify,and hold LANGAN harmless for any damage to subterranean structures or utilities and for any impact this damage may cause where the subterranean structures or utilities are not called to LANGAN's attention or are not correctly shown on the plans furnished by CLIENT or third parties. H. HAZARDOUS MATERIALS Unless otherwise expressly agreed to in writing,the parties acknowledge that LANGAN'S scope of services does not include any services related to a hazardous environmental condition(such as asbestos, PCBs, petroleum,mold,waste, radioactive materials or any other hazardous substance).The discovery of any such condition shall be considered a changed condition and LANGAN may suspend its services until the CLIENT has resolved the condition. I. INDEMNIFICATION Subject to the provisions of Section J of these General Terms and Conditions,LANGAN agrees to indemnify and hold harmless the CLIENT and CLIENT's parent companies,subsidiaries,affiliates,partners,officers,directors,shareholders,and employees for any and all damage obligations, liabilities,judgments,and losses for personal injury and/or property damage including reasonable attorney's fees and other expenses and disbursements,asserted by any third parties to the extent determined to have been caused by the negligent acts,errors or omissions or willful misconduct of LANGAN in the performance of its services under this Agreement. LANGAN will not be responsible for any loss,damage,or liability arising from any acts by the CLIENT or any of its agents,employees,staff,or other consultants, subconsultants, contractors or subcontractors. In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by an applicable statute of repose or statute of limitations. To the fullest extent permitted by law, the CLIENT agrees to indemnify, defend and hold harmless LANGAN and LANGAN's parent companies, subsidiaries, affiliates, partners, officers, directors,shareholders, and employees for any and all, damage obligations, liabilities,judgments and losses, including reasonable attorneys' fees and all other expenses and disbursements, to which LANGAN may be subject, arising from or relating to (i) any unknown site condition or subterranean structures of which LANGAN does not have actual knowledge; (ii) any errors, omissions or inconsistencies in any data documents, records or information provided by the CLIENT on which LANGAN reasonably relied;(iiii)any breach of contract,tort,error,omission,wrong,fault,or failure to comply with law by the CLIENT or third party over whom LANGAN has no control; (iv) the transport, treatment, removal or disposal of all Samples; and (v) the CLIENT's unauthorized use or copyright violation of plans,reports,documents and related materials prepared by LANGAN. In connection with any construction project, CLIENT agrees to insert the following wording into any General Contract, Construction Management Agreement,or foundation contractor's contract:"To the extent permitted by law,and to the extent not proven to be caused in whole or in part by an indemnitee's own negligence, the contractor and its subcontractors of any tier shall indemnify,defend,save and hold harmless the CLIENT and LANGAN from and against all liability,damage, loss,claims,demands and actions of any nature whatsoever(including reasonable attorneys'fees and litigation costs)which arise out of or are connected with or are claimed to arise out of or claimed to be connected with the design (to the extent the design is based on calculations, plans and drawings by contractor or anyone acting by, through or under contractor for which contractor is responsible) and performance of work by the contractor, or any act or omission of the contractor. Without limiting the generality of the foregoing,such defense and indemnity shall include all liability,damages, loss,claims,demands and actions on account of personal injury, death, property damage or any other economic loss to any indemnitee, any of indemnitees' employees, agents, contractors or subcontractors,licensees or invitees,or sustained by any other persons or entities,whether based upon,or claimed to be based upon,statutory(including,without limiting the generality of the foregoing,workers'compensation),contractual,tort or other liability of any indemnitee,contractor,subcontractor or any other persons." In connection with any damages,loss,suit,claim or proceeding arising from or otherwise related to the execution of excavation,support of excavation,foundations, or underpinning activities,CLIENT agrees to use all reasonable efforts to seek defense and indemnification from the Contractor and Subcontractor responsible for the work, and,to the extent the CLIENT is entitled to be or is otherwise indemnified by contractors/subcontractors, CLIENT shall not seek indemnification from LANGAN. Payment by CLIENT in accordance with Section D of this Agreement is a condition precedent to LANGAN's indemnification obligations. In the event any part of this indemnification is determined to be void as a matter of law,then the clause shall automatically be reformed to be consistent with the law and apply the parties'intent to the maximum extent permissible by law. J. LIMITATION OF LIABILITY To the fullest extent permitted by law,the total liability, in the aggregate,of LANGAN and its officers,directors,partners,employees,agents,and subconsultants, to CLIENT,and anyone claiming by,through,or under CLIENT,and to any third parties granted reliance by LANGAN per Section 0,for any claims,losses,costs, or damages whatsoever arising out of,resulting from or in any way relating to this Project or Agreement,from any cause or causes,including but not limited to tort (including negligence and professional errors and omissions),strict liability,breach of contract,or breach of warranty,shall not exceed an aggregate amount equal to the total compensation received by LANGAN or$100,000,whichever is greater.The CLIENT may negotiate a higher limitation of liability for an additional fee, which is necessary to compensate for the greater risk assumed by LANGAN. To the extent damages are covered by property insurance,LANGAN and the CLIENT 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. LANGAN and the CLIENT,as appropriate, shall require of the contractors, subcontractors, consultants,subconsultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. PURSUANT TO FLA.STAT.ANN. § 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF LANGAN MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. K.WAIVER OF CONSEQUENTIAL DAMAGES LANGAN and the CLIENT waive all consequential or special damac es,including,but not limited to,loss of use,profits,revenue,business opportunity,or production, for claims,disputes,or other matters arising out of or relating to tie services provided by LANGAN regardless of whether such claim or dispute is based upon breach of contract,willful misconduct or negligent act or omission of either of them or their employees,agents,subconsultants,or other legal theory. This mutual waiver shall survive termination or completion of this Agreement. L. INSURANCE LANGAN agrees to maintain workers'compensation insurance as required by law and general liability,automobile and professional liability insurance with limits of $1,000,000. Certificates of insurance will be issued to the CLIENT upon written request. The CLIENT agrees that it will require the construction manager, general contractor and, the contractor(s) responsible for performing the work reflected by or relating to LANGAN's services on the Project, to name LANGAN as an additional insured on its Commercial General Liability and Excess/Umbrella insurance policies inclusive of operations, completed operations, and products liability coverage provisions. Such additional insured coverage shall be provided by endorsement CG 20 32 0413(for ongoing operations)and endorsement CG 20 37 0413(for completed operations).To the fullest extent permitted by law,CLIENT hereby waives all rights of recovery under subrogation against LANGAN and its consultants. Version: 03022026FINAL Page 2 of 4 Page 18 of 69 M.FORCE MAJEURE LANGAN will not be responsible or liable for any delays in performance,failure of performance or additional costs incurred by CLIENT related to any force majeure event,including but not limited to fire,flood,explosion,the elements,or other catastrophe,unforeseen existing or subsurface conditions,acts of God,war,riot,civil disturbances, terrorist act, strike, lock-out, refusal of employees to work, labor disputes, inability to obtain materials or services, recognized health threats as determined by the World Health Organization,the Center for Disease Control,or local governments or health agencies(including but not limited to health threats of COVID-19, H1N1, or similar infectious diseases), or delays caused by the CLIENT, its agents, contractors, subcontractors, consultants, subconsultants or employees,or any governmental regulation or agency,or for any other cause beyond the reasonable control of LANGAN. N. OPINION OF COST Consistent with the Standard of Care in Section B of these General Terms and Conditions,any opinions rendered by LANGAN as to costs,including,but not limited to, opinions as to the costs of construction, remediation and materials, shall be made on the basis of its experience and shall represent its judgment as an experienced and qualified professional familiar with the industry. LANGAN cannot and does not guarantee that proposals,bids,or actual costs will not vary from its opinions of cost.LANGAN's services required to bring costs within any limitation established by the CLIENT will be paid for as Additional Services. 0.PROJECT DELIVERABLES All reports,opinions,notes,drawings,specifications,data,calculations,and other documents prepared by LANGAN and all electronic media prepared by LANGAN are considered its project Deliverables to which LANGAN retains all rights. The CLIENT acknowledges that electronic media are susceptible to unauthorized modification,deterioration,and incompatibility;and therefore,the CLIENT cannot rely upon the electronic media version of LANGAN's Deliverables.All Deliverables provided by LANGAN to the CLIENT as part of the Services are provided for the sole and exclusive use of the CLIENT with respect to the Project. Reliance upon or reuse of the Deliverables by third parties without LANGAN's prior written authorization is strictly prohibited;provided,however,that LANGAN,in its sole discretion, may agree to grant reliance to a single relying party subject to(i)i)the payment by CLIENT of a reliance fee equal to 10 percent(10%)of the amount paid by CLIENT for the Deliverables upon which reliance is to be granted, and (ii) acceptance by the relying party of Langan's standard reliance letter(a copy of which will be provided to CLIENT and relying party upon request). If the CLIENT distributes, reuses, or modifies LANGAN's Deliverables without the prior written authorization of LANGAN, or uses LANGAN's Deliverables to complete the project without LANGAN'S participation, the CLIENT agrees, to the fullest extent permitted by law, to release LANGAN, its officers, directors, employees and subconsultants from all claims and causes of action arising from such distribution, modification or use, and shall indemnify and hold LANGAN harmless from all costs and expenses,including the cost of defense,related to claims and causes of action arising therefrom or related thereto. LANGAN will not sign any documents that certify the existence of conditions whose existence LANGAN cannot ascertain,or execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. In the event LANGAN is required to execute any certifications, it is understood and agreed that:(i)the words"certify''or"certification"shall mean an expression of LANGAN's professional opinion based upon available information and consistent with the Standard of Care;and(ii)such certification does not constitute a warranty or guarantee by LANGAN. P. CONFLICTS OF INTEREST LANGAN provides engineering and other services on behalf of many companies and individuals;thus,during the time LANGAN is providing services to CLIENT it may also provide engineering and other services, unrelated to the services LANGAN is providing to CLIENT,to other present or future clients of LANGAN with interests adverse to CLIENTS interests. CLIENT agrees that LANGAN'S services to CLIENT will not disqualify LANGAN from providing services to other clients in matters that are unrelated to the services LANGAN is providing to CLIENT,and CLIENT hereby waives any conflict of interest with respect to those services. LANGAN agrees not to use or disclose any proprietary or other confidential information of a nonpublic nature concerning CLIENT,which is acquired by LANGAN as a result of its service to CLIENT,in connection with any other matter,unless required to do so by law. Q. TERMINATION AND SUSPENSION Except as otherwise provided in this Agreement, this Agreement may be terminated by either party upon not less than seven (7) calendar days'written notice should the other party fail substantially to perform in accordance with the terms and conditions of this Agreement through no fault of the party initiating the termination. If the defaulting party fails to cure its default within the seven(7)calendar day notice period or fails to commence action to cure its default if the cure cannot reasonably be completed within the seven(7)days,the non-defaulting party may terminate the Agreement. Failure of the CLIENT to make payments to LANGAN in accordance with this Agreement shall be considered substantial non-performance and grounds for termination or suspension of services at LANGAN's option after such seven(7)day notice period or anytime thereafter. In the event of suspension for non-payment, LANGAN shall have the right to: (i) withhold its project Deliverables; and (ii) demand advanced payment for future services. Furthermore, LANGAN will be compensated for all services performed and reimbursable expenses incurred prior to such termination and all termination expenses. In the event of a suspension of services or termination of the Agreement by LANGAN in accordance with this Section Q,LANGAN will have no liability for any delay or damage of any kind actually or allegedly caused by such suspension of services or termination. CLIENT shall not withhold amounts from LANGAN'S compensation to impose a penalty or damages on LANGAN,or to offset sums requested by or paid to contractors for the cost of changes in their work unless LANGAN agrees or has been found liable for the amounts. R. DISPOSAL OF SAMPLES All samples,contaminated or otherwise "Samples"),collected by LANGAN while performing services under this agreement remain the property and responsibility of the CLIENT.LANGAN may dispose of Samples in its possession after ninety(90)calendar days from the date the samples are taken unless otherwise required by law or other arrangements are mutually agreed to in writing by the parties. At all times,any and all rights,title and responsibility for Samples shall remain with the CLIENT. Under no circumstances shall these rights, title and responsibility be transferred to LANGAN, and nothing contained in this Agreement shall be construed as requiring LANGAN to assume the status of an owner,operator,generator,storer,transporter or person who arranges for disposal,under any federal or state law or regulation.CLIENT shall reimburse LANGAN for the actual cost of disposal plus 15%. S. RIGHT TO REFERENCE PROJECT The CLIENT agrees that LANGAN has the authority to use its name as the CLIENT and a general description of the Project as a reference for other prospective clients. T. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties hereto and their respective successors and assigns. Neither party may assign or transfer this Agreement without the prior written consent of the other party,provided,however,that LANGAN can assign this Agreement,without consent,to a subsidiary or affiliate of LANGAN. The parties agree that this Agreement is not intended to give any benefits,rights,actions or remedies to any person or entity not a party to this Agreement,as a third-party beneficiary or otherwise under any theory of law. If LANGAN is requested to execute a consent to assignment of this Agreement to a lender or other entity providing financing for the Project, LANGAN, in its sole but reasonable discretion, may agree to execute any such document provided it does not materially alter LANGAN's risk exposure or obligations under this Version: 03022026FINAL Page 3 of 4 Page 19 of 69 Agreement,and provided the assignee agrees to:(i)pay any amounts due and owing at the time of assignment;(ii)pay any amounts to become due subsequent to such assignment;and(iii)be bound by the terms and conditions of this Agreement. U. DISPUTE RESOLUTION LANGAN and the CLIENT agree that any disputes arising under this Agreement and the performance thereof shall be subject to non-binding mediation as a prerequisite to further legal proceedings,which proceeding must be brought in a court of competent jurisdiction in the state in which the office of LANGAN that issued the Proposal is located. LANGAN and CLIENT waive any right to a trial by jury. All actions by CLIENT against LANGAN, and by LANGAN against CLIENT whether for breach of contract,tort or otherwise,shall be brought within the period specified by applicable law,but in no event more than five(5)years following substantial completion of LANGAN'S services. CLIENT and LANGAN unconditionally and irrevocably waive all claims and causes of action not commenced in accordance with this paragraph. If the CLIENT asserts a claim against LANGAN relating to allegations of professional negligence in performance of LANGAN'S services under this Agreement, LANGAN will be entitled to reimbursement of any costs incurred by LANGAN in the defense of the professional negligence claim,including any expenses incurred as part of LANGAN'S professional liability insurance deductible,to the extent LANGAN is successful in its negligence defense. V. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the state in which the office of LANGAN that issued the Proposal is located. W.ENTIRE AGREEMENT Unless a separate agreement is executed by the parties,upon receipt of direction to proceed from CLIENT and commencement of the SERVICES by LANGAN, and regardless of whether CLIENT signs the Proposal,these General Terms and Conditions will govern LANGAN's performance of the Services. This Agreement(consisting of these General Terms and Conditions,the accompanying Proposal and LANGAN's Fee Schedule,if applicable)constitutes the entire agreement between the parties,supersede any and all prior agreements or representations of the parties to this agreement and conflicting terms on documents created by the CLIENT,and may not be modified,amended,or varied except by a document in writing signed by the parties hereto. Version: 03022026FINAL Page 4 of 4 Page 20 of 69 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: Tracy Yogman, Town Comptroller Re: 2026 Bond Resolution Date: September 2, 2026 Attached is a memo from Town Comptroller, Tracy Yogman, that outlines the purpose of this bond resolution presented for adoption. These capital projects were planned for 2027 but due to the significant lead time required to procure the equipment and the limited window during which the work can be completed with minimal disruption to ice rink operations, the equipment will need to be ordered in 2026 to maintain the planned project schedule. The bond resolution requires a vote of four out of five Board members to adopt. Tracy will be in attendance to respond to any questions you may have. Action Requested: RESOLVED,that the Town of Mamaroneck authorizes, subject to permissive referendum,the purchase and installation for the Town Ice Rink in and for the Town of Mamaroneck,Westchester County,New York, at a maximum estimated cost of $3,900,000 and authorizing the issuance of$3,900,000.00 serial bonds of said Town to pay the cost thereof. Attachment/s: Mamaroneck Ice Rink Equip-Sept 2026 Page 21 of 69 BOND RESOUTION DATED SEPTEMBER 2, 2026. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE PURCHASE AND INSTALLATION OF EQUIPMENT FOR THE TOWN ICE RINK, IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $3,900,000 AND AUTHORIZING THE ISSUANCE OF $3,900,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment; NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The purchase and installation of equipment for the Town ice rink, in and for the Town of Mamaroneck, Westchester County, New York, including incidental expenses in connection therewith, is hereby authorized at a maximum estimated cost of$3,900,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of$3,900,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Page 22 of 69 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, -2- Page 23 of 69 4160-0662-1032.1 place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. _3_ Page 24 of 69 4160-0662-1032.1 The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. * * * * * * _4_ Page 25 of 69 4160-0662-1032.1 0 ul 1 rrl Town of Mamaroneck in # x Town Center FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: 2026 Capital Budget Amendments Date: September 2, 2026 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding Capital Budget amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 26 of 69 u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: September 2, 2026 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2026 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2026 Capital Budget amendments are recommended for approval: 1. Crosswalks(H5173) The planned crosswalks have been completed. A budget amendment is recommended below to transfer the remaining balance back to the Highway fund. 2. Ice Rink Compressor/Dehumidifier (H7225) A bond resolution for the replacement of the existing ice rink compressor and dehumidification unit is included in the agenda for consideration. Both projects were originally planned for 2027. However, due to the significant lead time required to procure the equipment and the limited window during which the work can be completed with minimal disruption to Ice Rink operations, the equipment will need to be ordered in 2026 to maintain the planned project schedule. A budget amendment to establish and fund the project is recommended below. Attachment/s: 2026 CAPITAL BUDGET AMENDMENTS - September 2, 2026 Page 27 of 69 2026 CAPITAL BUDGET AMENDMENTS Capital Fund 1 H5173-0400 Expense Crosswalks Decrease (12,000.00) H5173-9940 Expense Transfer to Highway Increase 12,000.00 2 H7225-0400 Expense Ice Rink Compressor Increase 3,900,000.00 Revenue Bond Proceeds Increase 3,900,000.00 Highway Fund 1 DB9900-5040 Revenue Transfer from Capital Fund Increase 12,000.00 DB9900-5995 Revenue Appropriated Fund Balance Decrease (12,000.00) Page 28 of 69 61' 47, m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: 2026 Operating Budget Amendments Date: September 2, 2026 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding 2026 Operating Budget amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 29 of 69 u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: September 2, 2026 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2026 Operating Budget Amendments General: In compliance with the Budget Policy the following 2026 Operating Budget amendments are recommended for approval as they increase appropriations. 1. Consultant Services (A1221-4035) A consultant was retained to assist the Town with preparing and submitting a grant application for a management plan and tree inventory for the woods surrounding the Sheldrake River Trails and Leatherstocking Trail. A budget transfer us recommended below to transfer funds from contingency to fund the consulting services. Attachment/s: 2026 OPERATING BUDGET AMENDMENTS - September 2, 2026 v2 Page 30 of 69 2026 OPERATING BUDGET AMENDMENTS General Fund 1 A1221-4035 Expense Consultant Svces Increase 15,500.00 A1900-4050 Expense Contingency Decrease (15,500.00) Page 31 of 69 10 100 ul rri Town of Mamaroneck in x Town Center FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Award of Bid TA-26-05A Janitorial Services - Town Facilities Date: September 2, 2026 Attached is a memorandum from Town Comptroller, Tracy Yogman, requesting consideration of award of bid TA-26-05A Janitorial Services — Town Facilities. Staff has met with the vendor to ensure a complete understanding of the work involved and offers a collective recommendation on the award. Action Requested: Resolved, that the Town Board hereby awards Bid TA-26-05A -Janitorial Services - Town Facilities to Island Wide Building Services for a two-year contract commencing on or before October 1, 2026,in the amount of$61,741.00 for the first year and$62,815.00 for the second year. The award is further made to include the option, at the Town's discretion, to utilize as-needed services at the rates outlined below. Yearl Year2 Island Wide Building Services 10/1126-9130127 1011127-9130128 1 LVAC $ 3,285 $ 3,337 2 MEMS 2,792 2,838 3 Highway Central Garage 2,431 2,470 4 Police Dept 3,285 3,337 5 Town Center 22,064 22,456 Hommocks Ice Rink-Entry foyer and lobby,Locker 6 Rooms&Lobby Restrooms 27,884 28,376 AnnualJanitorial and Concierge Cleaning Services $ 61,741 $ 62,815 AdditionalServices(Hourly Rate) 7 Concierge Services-44 hrs.'month $ 35 $ 36 8 Floor Stripping&Waxing $ 40 $ 42 9 Window Waxing $ 36 $ 37 10 Floor Scrubbing $ 38 $ 39 11 Power Washing $ 35 $ 36 12 Carpet Cleaning $ 38 $ 39 13 Interior Painting $ 40 $ 42 Be it further resolved, that the Town Board hereby authorizes the Town Administrator to execute the contract, any related documents necessary to carry out its implementation, and annual extensions for up to three years, if determined warranted. Page 32 of 69 v 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: September 2, 2026 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Award of Bid TA-26-05A Janitorial Services - Town Facilities General: The Town currently contracts for janitorial services at six Town facilities. These services are being provided by Commercial Building Maintenance (CBM) on a month-to-month basis, with the current rates remaining in effect through August 31, 2026. The Town initially issued a bid for janitorial services in April 2026. All bids received were subsequently rejected to allow the Town to clarify and revise the scope of services, work schedules, and cost proposal requirements before reissuing the solicitation. These revisions were intended to ensure that all bidders had a consistent understanding of the required services and to promote a fair and competitive bidding process. The Town then issued a revised bid for janitorial services, additional janitorial services, and concierge services at Town Center. Fifteen (15) bids were received and publicly opened on August 10, 2026. The bid tabulation is attached for review. The evaluation team included department heads representing the Town depaitinents and facilities that will receive services under the contract. The team met with the three bidders that submitted the lowest bids to confirm their ability to provide the services in accordance with the bid specifications and to evaluate their experience, operations, staffing models, supervisory practices, and methods for addressing service issues. Following this review, Island Wide Building Services, located in West Babylon, New York, was determined to be the lowest responsible bidder. Island Wide submitted a bid of$61,741 for the first year and $62,815 for the second year for the required janitorial services. The company also provided hourly rates for additional services, including concierge services at Town Center, floor stripping and waxing, window cleaning, floor scrubbing,power washing, carpet cleaning, and interior painting. Page 33 of 69 Island Wide Building Services has more than 22 years of experience and employs approximately 300-400 employees. The company has extensive experience providing janitorial services to municipal clients and supplied numerous municipal references. Town staff contacted several of these references and received positive feedback regarding the company's performance and reliability. Island Wide also utilizes electronic monitoring systems to verify employee attendance and help ensure that employees are working the staffing hours required under the contract. Based on the bid results, reference checks, interviews, experience, staffing capabilities, and operational controls, the evaluation team unanimously agreed that awarding a two-year contract to Island Wide Building Services provides the best value to the Town for janitorial services. We anticipate service to begin on or before October 1, 2026. An option to renew for an additional 1-3 years is at the discretion of the Town. Attachment/s: RFP 26-05A-Janitorial Bid Tabulations-TB Agenda 9-2-26 Page 34 of 69 22288 M o Nm " o J oiE N0 " ° � 0, N RSa a l a ; z N U m � ¢ ei t9 t9 t9 t9 t9 t9 f9 t9 t9 t9 t9 t9 t9 t9 • a f0 M M M M o n M M 74 M J Nw „ O M N m H N a da 4.1 da N � - v vo n MMMm v v.� ai d f09 .i N a as -" - E N N F Nun a t9 t9 t9 t9 t9 t9 t9 f9 t9 t9000 049 z C• f M N N O M N N N N N N N N N N N N - - - " c0 K ^ ei P N o c N N y� t9 t9 t9 t9 t9 t9 t9 f9 t9 t9 0 0 0 0 t9 t9 t9 t9 t9 t9 t9 t9 O - N n ` N 4 � 4' � m m m m m m N o = m m .4 m O �ri N ai `� :ri N a J v .. N o � a Z m - m O ti 0 4 N N N N N M • U z O 0 0 m oi M N m in in M M N m in U R cc .i N a a' O Na N Y 4i fA fA fA fA fA f9 VT fA fA fA fA fA fA f9 fA fA fA fA fA fA fA w a m m N E W '" M M N w o N M M M ,L4), m a m u G a' i N N M & ,• N 0 ,� N o n aN a a a a Um M � M Z fA Z fA Z fA Z o T " a , G N m m F' N N ~ M P L N P m 2 yN y - ems - N " „,K _ UW > oi N N (. nN3 C V C N V t9 ..f9 f9 f9 f9 f9 f9 a da V) Op z 1 V W V N N J x N N N M 01 CO N N N M m N m M N _ M R iC Lsi N R. c-I N ., a C S 22 N t9 t9 t9 t9 t9 t9 t9 f9 t9 t9 t9 t9 t9 t9 t9 .N. i a c N z M M M _ _ m M M M M 0 0 0 0 0 ui N y N t9 f9 t9 aa t9 t9 t9 t9 t9 t9 t9 • d y o M m N W O n M g q q q q q N N � N N N � N m O c z ti N N f0 ti N .i U N a t9 t9 t9 t9 t9 t9 t9 f9 t9 t9 t9 t9 t9 t9 t9 . .. ... • `. N a N c q (i F a ro c N c m EARR "n M v�i m 2 M z N n N N o m m v 2 to " A ..... t9t9 f9 yit9000 045 c - -` ` ` m c4 O N N N N N q ` L ,4 L O m m m M _ _u m ti c ti a 2, ,35 72 z . ✓ f U 0) a 45 4 z M M M M M M ' V V V O O in u O K 'EAU y .� N vi O O R M ti N - - O m c U O o . m U g N 4Na ce .. W -2 2. N N N m 51 a ti M N M O M M M 2 O K 2,J .6. - m ti (V vi N N N ti N N N - - oy co m • m N m Z f9 VT 414 R `d O E a H c-I 1p c « Y R Y 1 qq y3 '3pp A_ 3 a a ¢ a ¢ •�503 VE VE `XD ob3u • aEL Es a L -u E s Co F EiaFi3 i a Fi 3 Ow3w2Oa u N M v " Page 35 of 69 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: September 2, 2026 Action Requested: Resolved that the Board of Fire Commissioners hereby approves the attached list of fire claims. Page 36 of 69 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: September 2, 2026 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 9-2-26 Page 37 of 69 TOWN OF MAMARONECK FROM: TRACY YOGMAN-TOWN COMPTROLLER RE: Fire Claims Date September 2,2026 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 Car cleaning supplies,Flash Drive,Toilet Paper,Ear Plugs/Muffs,Trailer Plug,Tire Pressure Gauge,Batteries,HDMI Transmitter,Water Cooler Filter,LED Light Bar,Whip Lights,Screws, Amazon Sun Hood Protector,&Trash Bags $ 2,230.19 Champion Elevator August 2026 Monthly Maintenance $ 252.27 Colden Enterprises Firefighter Boots(5 pairs) $ 2,464.73 Foley Hardware(The Hardware Group) Electrical Box,Cable,&Outlet Cover $ 100.03 Mario Vitti Roofmd&Siding Co. Repair Roof Leak 2nd Floor Hall Firehouse(Labor&Materials) $ 450.00 United Overhead Door Corp Repair overhead door $ 599.00 Village Pizza&Pasta Food for Fire Drill 7/29/26 $ 68.85 WJWW Fire Line Water 6/26-7/23/26 $ 37.00 Total $ 6,202.07 Page 38 of 69 0 ul 1 rrl Town of Mamaroneck in # x Town Center FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: 2026 Capital Budget Amendments Date: September 2, 2026 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding Capital Budget amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 39 of 69 u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: September 2, 2026 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2026 Capital Budget Amendments General: In compliance with the Budget Policy, the following 2026 Capital Budget amendments are recommended for approval: 1. Crosswalks(H5173) The planned crosswalks have been completed. A budget amendment is recommended below to transfer the remaining balance back to the Highway fund. 2. Ice Rink Compressor/Dehumidifier (H7225) A bond resolution for the replacement of the existing ice rink compressor and dehumidification unit is included in the agenda for consideration. Both projects were originally planned for 2027. However, due to the significant lead time required to procure the equipment and the limited window during which the work can be completed with minimal disruption to Ice Rink operations, the equipment will need to be ordered in 2026 to maintain the planned project schedule. A budget amendment to establish and fund the project is recommended below. Attachment/s: 2026 CAPITAL BUDGET AMENDMENTS - September 2, 2026 Page 40 of 69 2026 CAPITAL BUDGET AMENDMENTS Capital Fund 1 H5173-0400 Expense Crosswalks Decrease (12,000.00) H5173-9940 Expense Transfer to Highway Increase 12,000.00 2 H7225-0400 Expense Ice Rink Compressor Increase 3,900,000.00 Revenue Bond Proceeds Increase 3,900,000.00 Highway Fund 1 DB9900-5040 Revenue Transfer from Capital Fund Increase 12,000.00 DB9900-5995 Revenue Appropriated Fund Balance Decrease (12,000.00) Page 41 of 69 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: Tracy Yogman, Town Comptroller Re: 2026 Bond Resolution Date: September 2, 2026 Attached is a memo from Town Comptroller, Tracy Yogman, that outlines the purpose of this bond resolution presented for adoption. These capital projects were planned for 2027 but due to the significant lead time required to procure the equipment and the limited window during which the work can be completed with minimal disruption to ice rink operations, the equipment will need to be ordered in 2026 to maintain the planned project schedule. The bond resolution requires a vote of four out of five Board members to adopt. Tracy will be in attendance to respond to any questions you may have. Action Requested: RESOLVED,that the Town of Mamaroneck authorizes, subject to permissive referendum,the purchase and installation for the Town Ice Rink in and for the Town of Mamaroneck,Westchester County,New York, at a maximum estimated cost of $3,900,000 and authorizing the issuance of$3,900,000.00 serial bonds of said Town to pay the cost thereof. Attachment/s: Mamaroneck Ice Rink Equip-Sept 2026 Page 42 of 69 BOND RESOUTION DATED SEPTEMBER 2, 2026. A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE PURCHASE AND INSTALLATION OF EQUIPMENT FOR THE TOWN ICE RINK, IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $3,900,000 AND AUTHORIZING THE ISSUANCE OF $3,900,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse impact on the environment; NOW, THEREFORE, WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. The purchase and installation of equipment for the Town ice rink, in and for the Town of Mamaroneck, Westchester County, New York, including incidental expenses in connection therewith, is hereby authorized at a maximum estimated cost of$3,900,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of$3,900,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Page 43 of 69 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, -2- Page 44 of 69 4160-0662-1032.1 place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. _3_ Page 45 of 69 4160-0662-1032.1 The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: VOTING VOTING VOTING VOTING VOTING VOTING VOTING The resolution was thereupon declared duly adopted. * * * * * * _4_ Page 46 of 69 4160-0662-1032.1 61' 47, m Town of Mamaroneck Town Center FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: 2026 Operating Budget Amendments Date: September 2, 2026 Attached please find a memo from Tracy Yogman, Town Comptroller, regarding 2026 Operating Budget amendments. Action Requested: Resolved that the Town Board hereby authorizes the Comptroller to make the necessary budget amendments, as presented. Page 47 of 69 u_r "v t; rn Town of Mamaroneck Comptroller, Town Center oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353 INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810 FAX: (914) 381-7809 tyogman@townofmamaroneckNY.org Date: September 2, 2026 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: 2026 Operating Budget Amendments General: In compliance with the Budget Policy the following 2026 Operating Budget amendments are recommended for approval as they increase appropriations. 1. Consultant Services (A1221-4035) A consultant was retained to assist the Town with preparing and submitting a grant application for a management plan and tree inventory for the woods surrounding the Sheldrake River Trails and Leatherstocking Trail. A budget transfer us recommended below to transfer funds from contingency to fund the consulting services. Attachment/s: 2026 OPERATING BUDGET AMENDMENTS - September 2, 2026 v2 Page 48 of 69 2026 OPERATING BUDGET AMENDMENTS General Fund 1 A1221-4035 Expense Consultant Svces Increase 15,500.00 A1900-4050 Expense Contingency Decrease (15,500.00) Page 49 of 69 10 100 ul rri Town of Mamaroneck in x Town Center FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Award of Bid TA-26-05A Janitorial Services - Town Facilities Date: September 2, 2026 Attached is a memorandum from Town Comptroller, Tracy Yogman, requesting consideration of award of bid TA-26-05A Janitorial Services — Town Facilities. Staff has met with the vendor to ensure a complete understanding of the work involved and offers a collective recommendation on the award. Action Requested: Resolved, that the Town Board hereby awards Bid TA-26-05A -Janitorial Services - Town Facilities to Island Wide Building Services for a two-year contract commencing on or before October 1, 2026,in the amount of$61,741.00 for the first year and$62,815.00 for the second year. The award is further made to include the option, at the Town's discretion, to utilize as-needed services at the rates outlined below. Yearl Year2 Island Wide Building Services 10/1126-9130127 1011127-9130128 1 LVAC $ 3,285 $ 3,337 2 MEMS 2,792 2,838 3 Highway Central Garage 2,431 2,470 4 Police Dept 3,285 3,337 5 Town Center 22,064 22,456 Hommocks Ice Rink-Entry foyer and lobby,Locker 6 Rooms&Lobby Restrooms 27,884 28,376 AnnualJanitorial and Concierge Cleaning Services $ 61,741 $ 62,815 AdditionalServices(Hourly Rate) 7 Concierge Services-44 hrs.'month $ 35 $ 36 8 Floor Stripping&Waxing $ 40 $ 42 9 Window Waxing $ 36 $ 37 10 Floor Scrubbing $ 38 $ 39 11 Power Washing $ 35 $ 36 12 Carpet Cleaning $ 38 $ 39 13 Interior Painting $ 40 $ 42 Be it further resolved, that the Town Board hereby authorizes the Town Administrator to execute the contract, any related documents necessary to carry out its implementation, and annual extensions for up to three years, if determined warranted. Page 50 of 69 v 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: September 2, 2026 To: Meredith Robson, Town Administrator From: Tracy Yogman, Town Comptroller Subject: Award of Bid TA-26-05A Janitorial Services - Town Facilities General: The Town currently contracts for janitorial services at six Town facilities. These services are being provided by Commercial Building Maintenance (CBM) on a month-to-month basis, with the current rates remaining in effect through August 31, 2026. The Town initially issued a bid for janitorial services in April 2026. All bids received were subsequently rejected to allow the Town to clarify and revise the scope of services, work schedules, and cost proposal requirements before reissuing the solicitation. These revisions were intended to ensure that all bidders had a consistent understanding of the required services and to promote a fair and competitive bidding process. The Town then issued a revised bid for janitorial services, additional janitorial services, and concierge services at Town Center. Fifteen (15) bids were received and publicly opened on August 10, 2026. The bid tabulation is attached for review. The evaluation team included department heads representing the Town depaitinents and facilities that will receive services under the contract. The team met with the three bidders that submitted the lowest bids to confirm their ability to provide the services in accordance with the bid specifications and to evaluate their experience, operations, staffing models, supervisory practices, and methods for addressing service issues. Following this review, Island Wide Building Services, located in West Babylon, New York, was determined to be the lowest responsible bidder. Island Wide submitted a bid of$61,741 for the first year and $62,815 for the second year for the required janitorial services. The company also provided hourly rates for additional services, including concierge services at Town Center, floor stripping and waxing, window cleaning, floor scrubbing,power washing, carpet cleaning, and interior painting. Page 51 of 69 Island Wide Building Services has more than 22 years of experience and employs approximately 300-400 employees. The company has extensive experience providing janitorial services to municipal clients and supplied numerous municipal references. Town staff contacted several of these references and received positive feedback regarding the company's performance and reliability. Island Wide also utilizes electronic monitoring systems to verify employee attendance and help ensure that employees are working the staffing hours required under the contract. Based on the bid results, reference checks, interviews, experience, staffing capabilities, and operational controls, the evaluation team unanimously agreed that awarding a two-year contract to Island Wide Building Services provides the best value to the Town for janitorial services. We anticipate service to begin on or before October 1, 2026. An option to renew for an additional 1-3 years is at the discretion of the Town. Attachment/s: RFP 26-05A-Janitorial Bid Tabulations-TB Agenda 9-2-26 Page 52 of 69 22288 M o Nm " o J oiE N0 " ° � 0, N RSa a l a ; z N U m � ¢ ei t9 t9 t9 t9 t9 t9 f9 t9 t9 t9 t9 t9 t9 t9 • a f0 M M M M o n M M 74 M J Nw „ O M N m H N a da 4.1 da N � - v vo n MMMm v v.� ai d f09 .i N a as -" - E N N F Nun a t9 t9 t9 t9 t9 t9 t9 f9 t9 t9000 049 z C• f M N N O M N N N N N N N N N N N N - - - " c0 K ^ ei P N o c N N y� t9 t9 t9 t9 t9 t9 t9 f9 t9 t9 0 0 0 0 t9 t9 t9 t9 t9 t9 t9 t9 O - N n ` N 4 � 4' � m m m m m m N o = m m .4 m O �ri N ai `� :ri N a J v .. N o � a Z m - m O ti 0 4 N N N N N M • U z O 0 0 m oi M N m in in M M N m in U R cc .i N a a' O Na N Y 4i fA fA fA fA fA f9 VT fA fA fA fA fA fA f9 fA fA fA fA fA fA fA w a m m N E W '" M M N w o N M M M ,L4), m a m u G a' i N N M & ,• N 0 ,� N o n aN a a a a Um M � M Z fA Z fA Z fA Z o T " a , G N m m F' N N ~ M P L N P m 2 yN y - ems - N " „,K _ UW > oi N N (. nN3 C V C N V t9 ..f9 f9 f9 f9 f9 f9 a da V) Op z 1 V W V N N J x N N N M 01 CO N N N M m N m M N _ M R iC Lsi N R. c-I N ., a C S 22 N t9 t9 t9 t9 t9 t9 t9 f9 t9 t9 t9 t9 t9 t9 t9 .N. i a c N z M M M _ _ m M M M M 0 0 0 0 0 ui N y N t9 f9 t9 aa t9 t9 t9 t9 t9 t9 t9 • d y o M m N W O n M g q q q q q N N � N N N � N m O c z ti N N f0 ti N .i U N a t9 t9 t9 t9 t9 t9 t9 f9 t9 t9 t9 t9 t9 t9 t9 . .. ... • `. N a N c q (i F a ro c N c m EARR "n M v�i m 2 M z N n N N o m m v 2 to " A ..... t9t9 f9 yit9000 045 c - -` ` ` m c4 O N N N N N q ` L ,4 L O m m m M _ _u m ti c ti a 2, ,35 72 z . ✓ f U 0) a 45 4 z M M M M M M ' V V V O O in u O K 'EAU y .� N vi O O R M ti N - - O m c U O o . m U g N 4Na ce .. W -2 2. N N N m 51 a ti M N M O M M M 2 O K 2,J .6. - m ti (V vi N N N ti N N N - - oy co m • m N m Z f9 VT 414 R `d O E a H c-I 1p c « Y R Y 1 qq y3 '3pp A_ 3 a a ¢ a ¢ •�503 VE VE `XD ob3u • aEL Es a L -u E s Co F EiaFi3 i a Fi 3 Ow3w2Oa u N M v " Page 53 of 69 10 0 ul 1 rri Town of Mamaroneck in # x Town Center ii FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353 OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810 FAX: (914) 381-7809 mrobson@townofmamaroneckNY.org To: Supervisor and Town Board From: Meredith S. Robson, Town Administrator Re: Engineering Proposal - Gardens Lake Dredging Project Date: September 2, 2026 Attached please find a memo from Robert Wasp, Town Engineer, requesting authorization of a design consultant services agreement for the Gardens Lake Dredging Project. Action Requested: Resolved that the Town Board hereby approves the submitted proposal from Langan Engineering, Surveying, Landscape Architecture and Geology, D.P.0 for design services for the Gardens Lake Dredging project for an amount not to exceed $85,500.00 and hereby authorizes the Town Administrator to execute the agreement and any related documents necessary to carry out its implementation. Attachment/s: Eng Memo_Consultants for Dredge 08262026 2026-08-18 Mamaroneck Garden Lakes Dreding Proposal Page 54 of 69 0 ring Department TEL:914/381-7835 Town of ti quo k FAX:914/381-8473 740 Wes, _ `' '' rcn, t Road Mamaro 'FOUNDED 1661 543 INTERDEPARTMENT MEMORANDUM DATE: August 26, 2026 TO: Meredith Robson, Town Administrator FROM: Robert Wasp, P.E., Town Engineer SUBJECT: Authorization of Consultant Proposal Design Development& Permit Support for Gardens Lake Dredge GENERAL: The attached proposals from consultant"Langan Engineering, Surveying, Landscape Architecture and Geology,D.P.C" (Langan) has been prepared based upon the Town's intended project. The consultant scope is tailored based upon the capital project included in the Town's 2026 budget and maintains the planned objectives to prepare bid-level documents and secure necessary environmental permits for the planned dredge removal of accumulated sediment and debris in a portion of the Gardens Lake waterbody. An approximate volume of 4,000 cubic yards of material is planned to be removed and disposed of within the available budget allocation. Langan has demonstrated technical experience with environmental permitting and watercourse restoration projects through the technical qualifications submitted with their proposal. Their scope includes support with completion of SEQR review, design development and obtaining Protection of Waters Permit coverage from the NYSDEC. Langan's proposal includes allowances for meetings as well as construction phase support as Engineer of Record to support Town staff during implementation of the project. The Engineering Department will lead the daily inspection and construction management effort for the Garden's Lake Dredge that is now anticipated to commence construction in spring 2027. The proposal fee of$85,500 is within the Town's available 2026 capital project funding under H8553. The Engineering Department recommends that the Town Board authorize execution of Langan's proposal to allow for design development to proceed on schedule Please feel free to contact me with any questions. Page 55 of 69 L NL11 A/ Technical Excellence Practical Experience Client Responsiveness August 18, 2026 Sent via email: RWasp@townofmamaroneckny.gov Robert P. Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 (P) 914-381-7835 Re: Professional Services Proposal Gardens Lakes Dredging Lakeside Dr, Larchmont, NY Langan Project No.: 1900... Dear Mr. Wasp: As requested, Langan Engineering, Environmental, Surveying, Landscape Architecture and Geology, D.P.C. (Langan) is pleased to submit this proposal for engineering consulting services for the proposed dredging of the lake located at Lakeside Drive in the Town of Mamaroneck, New York. Our proposed scope of services is based on our experience in Westchester County, our knowledge of the entitlement process, and our discussions regarding the anticipated deliverables. PROJECT UNDERSTANDING The scope of this project includes dredging of the Gardens Lake located along Lakeside Dr between 1-95 and Rocky Rd. This site is designated as Block 215, Lot 518. The lake is approximately 3.3 acres and contains inlet and outlet concrete weirs. The following is a general summary of the potential approvals required from outside agencies to perform the dredging at this site (please note that these will be evaluated as part of our conceptual task to capture any other potential approvals): • NYSDEC Protection of Waters Approval • State Environmental Quality Review Act (SEQRA) determination. To assist with securing these approvals, Langan will: • Prepare Permit and Design documents in accordance with the NYSDEC & USACOE Regulations. • Prepare supporting documents for SEQRA. Based on our experience with SEQRA and the location of this project, we have assumed for purposes of this proposal the Lead Agency will likely be the Town Board who will issue a negative declaration. One North Broadway, Suite 910 White Plains, NY 10601 T: 914.323.7400 F: 914,323.7401 www.langan.com New Jersey• New York•Connecticut•Massachusetts• Pennsylvania•Washington, DC•Ohio•Illinois•Florida•Texas•Arizona•Colorado•Washington•California Athens•Calgary•Dubai • London• Panama Page 56 of 69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 2 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... SCOPE OF SERVICES: This proposal includes the following services: • SEQRA Services • Site/Civil Engineering • Construction Administration The scope of services included in each of these categories is provided in Attachments A and the associated fees are provided in Attachment B. Because of the nature of this project and the SEAR process, it is difficult to determine an exact scope of services. The final design of the project and the level of analysis required by the Town could significantly impact the final scope and our fees. Currently, neither of these items are fixed. Based on our experience, we have identified what we believe to be a reasonable scope. However, as the project design advances, we will re-evaluate our proposed scope and related fees, and if necessary, adjust them accordingly to reflect the actual scope required for the Project. We aim to make what can be a complex regulatory process as clear and efficient as possible. For this proposal we have developed our scope based on the assumption the Board will issue a negative declaration. The fees outlined in Attachment B are estimated fees invoiced on Time and Materials based on our hourly rates in accordance with our Schedule of Fees and General Terms and Conditions. A separate estimated cost has been provided for certain reimbursable expenses that may be incurred by us during our services including but not limited to professional liability insurance, express mailings, drawing and report reproduction, and travel expenses in accordance with our standard conditions. Any task not specifically described in our scope is excluded from this proposal. Invoices will be submitted to you monthly. L A 1149,471V69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 3 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... CLOSURE We appreciate the opportunity to provide you with this proposal and we look forward to supporting you on this project. If you would like us to proceed as outlined above, please sign the authorization below and return one copy to authorize these services. If you have any questions or need more information, please feel free to contact the undersigned at (914) 323-7415 or via email at kwerner@langan.com. Sincerely, Langan Engineering, Environmental, Surveying, Landscape Architecture and Geology, D.P.C. Aet#2.0," Michael Finan, PE, LEED AP Principal Keith Werner, PE Senior Project Manager Enclosure(s): Schedule of Fees & General Terms and Conditions \\langan.com\BDM\WPW\Marketing Data\Proposals\2026\_Municipaf\Town of Mamaroneck Gardens Lake Dredging\Mamaroneck Garden Lakes Dreding Proposal.docx L A I I69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 4 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... AUTHORIZATION Receipt of this Proposal, including the Schedule of Fees and General Terms and Conditions annexed hereto, is hereby acknowledged and all of the terms and conditions contained therein are accepted. Robert P. Wasp, P.E., C.D.T. Town Engineer Town of Mamaroneck 740 West Boston Post Road Mamaroneck, New York 10543 Re: Langan Engineering, Environmental Surveying and Landscape Architecture and Geology, D.P.C. August 18, 2026 Professional Services Proposal Gardens Lakes Dredging Lakeside Dr, Larchmont, NY Langan Project No.: 1900... Company: ("Client") By/Title: (Authorized representative) Signature: Date: LAN4.4I'69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 5 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... ATTACHMENT A- SITE/CIVIL ENGINEERING SERVICES Task 1 - NYSDEC SEQR Full EAF Part 1 We assume that the site will not undergo the NYS Environmental Conservation Law (SEQRA) EIS process and will receive a negative declaration issued by the Town. We have assumed that a Scoping Outline, Draft Environmental Impact Statement (DEIS), Final Environmental Impact Statement (FEIS) and a Finding Statement will not be required. If an EIS becomes required, we will provide a separate proposal at that time. We will prepare a draft of Part 1 of the Long Form Environmental Assessment Form (FEAF) for review and discussion with the Client and/or project attorney. We will finalize Part 1 of the FEAF once the final project layout has been determined for the site and include it in the plan application package. Also note that we rely upon your other consultants to complete their respective sections (i.e. traffic, noise, etc.) to prepare the FEAF. Task 2 - Site/Civil Existing Data Review and Site Visit We will review the survey and other historical information provided to us by you. We will prepare a site plan that will demonstrate the critical issues relative to access, site constraints and regulatory permitting requirements. We will also identify constraints that could significantly affect the site plan approval. a. Site Visit: We will conduct a site visit to take photographs of the site and surrounding areas. We will look at existing site features, identify the locations of existing infrastructure on and adjacent to the site, and identify other conditions that may influence the site plan approval. Task 3 - Design Development Drawings We will prepare Design Development (DD) drawings. The plan set will be developed to the level of detail required by the local approval process and NYSDEC & USACOE permit. We anticipate preparing the following site/civil drawings: Existing Conditions & Removal Plan, Grading and Drainage Plan and Details, Cross Sections, Erosion and Sediment Control Plan and Details, and Construction Details. We will include a landscape restoration plan based on input from your office. Details and a table of the proposed plantings will also be provided. Itemized engineering construction estimates will be prepared at the 60% design development submission. We will provide technical specifications based on the design development documents. Specifications will cover the site improvements represented on the design development documents. Specifications will reference New York State Department of Transportation (NYSDOT) standard specifications. L A►11IV69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 6 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... Task 4 - NYSDEC Protection of Waters Permit We will prepare the Joint Application for Permit as it relates to excavation and filling in navigable waters. We will provide the USGS Quadrangle Map to identify project location. Task 5 - Meetings We will attend meetings when requested. These may include meetings with the Town. As the number of meetings needed is dependent on the reviewing agencies, we have provided an estimated allowance for meetings for engineering tasks described in this proposal. Meetings will be invoiced on a time spent basis including preparation and travel time during normal business hours. For purposes of this proposal we have included a budget for meetings that will be invoiced on a time-spent basis and the allowance is based on our best approximation at this time. The meetings and conference calls will be attended by Langan professionals as required. Task 6 - Construction Documents We will prepare Construction Drawings (CD), which will expand upon the Site Plan Approval Drawings to provide additional information to achieve minimal construction issues. The CDs will also incorporate the site plan approval conditions received from the Town. We will also coordinate with your office to reflect any changes to the site layout. We will prepare technical specifications for the information presented on the site/civil drawings based on a format provided by your office. We will provide copies of our technical specifications for inclusion in the final bid documents. Task 7 - Regulatory Revisions We anticipate that during the approval process, the Town will require revisions to the engineering plans and possibly the SEQRA documents. As the number of revisions is difficult to determine currently, we have included an allowance for this effort. Task 8 - Construction Administration We will provide support services related to the construction phase for this project. Support services will generally include shop drawing review; submittal review of site/civil related items; responding to Requests for Information (RFI) and clarification from the contractor; construction coordination calls; conduct site visits; issue field reports; issue bulletins as needed; and preparation of plan modifications during construction to address RFI's or provide clarification. We L A ffila9,4N69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 7 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... have proposed a budget for this task. We will not exceed the allowance without your prior approval. We will perform (2) construction site inspections throughout construction to ensure construction is progressing as intended on the permitted plans and for each of the site components that require our certification prior to backfill. The construction site inspections will verify the dredging is being performed in accordance with the construction drawings. As the level of effort for construction administration services is difficult to estimate, for budgetary purposes we have assumed 20 hours for review of submittals and shop drawings, 20 hours for review of RFIs, 2 site visits (includes field report), one initial pre-construction meeting and one final punch list, and the issuance of one bulletin throughout construction. Should our attendance at additional meetings or site visits be requested, we will notify you. We will invoice our services on a time and materials basis in accordance with the terms and conditions of the original contract. We will not exceed our budgets without your authorization. Assumptions The following services are excluded from this scope: as-built surveys, easements, structural engineering, site electrification, MEP, building signage, detailed design of retaining walls/structural engineering, LEED and payment of service connection or application fees. L A 1K14IV69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 8 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... ENTITLEMENT/APPROVAL PHASE SERVICES ATTACHMENT B — ESTIMATED FEES SITE/CIVIL ENGINEERING SERVICES 1. NYSDEC SEAR Full EAF Part 1 $ 4,000 2. Site/Civil Existing Data Review and Site Visit $ 4,500 3. Design Development Drawings $ 35,000 4. NYSDEC Protection of Waters Permit $ 3,000 5. Meetings (Allowance) $ 7,000 6. Construction Documents $ 7,000 7. Regulatory Revisions (Allowance) $ 5,000 8. Construction Administration (Allowance) $ 20,000 TOTAL $ 85,500 Reimbursable Expenses (Allowance) $ 500 Notes: 1. The above fees do not any other work not explicitly stated herein. 2. Fees stated herein are estimates of cost,and actual invoices will be based on time spent.Permit application fees are not included in the budgets. 3. Reimbursable expenses,which include express mail, reproduction for submittals have been estimated for budgetary purposes only.Actual expenses will be invoiced as incurred at cost plus 10 percent.A 15%markup will be applied to subcontractor costs. This markup is estimated and included in the above costs. 4. The budget fees given herein are subject to review if the project layout,schedule,or building footprints are revised significantly after engineering has begun. 5. Fees do not include architectural, MEP,structural design,detailed cost estimating,grant support, irrigation design,construction administration or other specialty design services. 6. File reviews at governmental offices if needed will be performed as authorized on a time and materials basis. 7. This cost estimate assumes unrestricted access to any area of the site during implementation of this scope. 8. The subsurface investigation includes limited sampling and analysis of soil,groundwater,and soil vapor at the property,with a focus on evaluation for the purposes of future liabilities and potential construction premiums. This baseline scope is highly dependent on the findings of Task 1 and has the potential to increase or decrease. 9. Excludes agency coordination, investigation and remediation activities that may be required if a reportable spill is encountered. Excludes delineation of impacts if identified. 10. No costs are included for the characterization or disposal of investigation-derived waste 11. The information provided by Client shall be assumed to be correct and without error. 12. This proposal does not include the survey of any off-site improvements that may be required as part of future development. These services can be provided under a separate scope of services if required. 13. This proposal does not include the mark out(tone-out)or video of any utilities from a third party subsurface utility engineering company, however this scope of services can be provided upon request for additional fee. 14. Client shall be responsible for all submissions and pay all application fees, permit fees, recording/filing,and review fees for the project. Exclusions Services relating to the following items are not anticipated for the project or cannot be quantified at this time. Therefore, any service associated with the following items is specifically excluded from the scope of professional services within this agreement: • Application fees and escrow deposits to the municipality or to any regulatory review agencies. • Exploratory or testing work, interpretations or conclusions related to determination of potential chemical, toxic, radioactive or other type of contaminants on the site. • Preparation of an Environmental Impact Statement(EIS). • Preparation of an irrigation design for any or all of the proposed landscaping. LAN i4I '69 Professional Services Proposal August 18, 2026 Gardens Lakes Dredging Page 9 of 9 Lakeside Dr, Larchmont, NY Langan Project No.: 1900... • Retaining wall design and construction drawings. • Structural calculations or design for signs, culverts or bridges, special structures and/or retaining walls, bulkhead, piers, docks if required by the various review agencies. • Substantial plan revisions, changes, or preparation of additional design support requested by regulatory agencies during the course of project review. • Plan revisions by Town Engineer or other project representative's decision. • Land Surveying. • Construction document and inspection phase services. • Construction Stake-Out and/or additional field surveying information except as noted. • Services not explicitly stated herein are excluded. If an item listed herein, or otherwise not specifically mentioned within this agreement, is deemed necessary Langan may prepare an addendum to this agreement for your review,outlining the scope of additional services and associated professional fees with regard to the extra services. We understand the client may terminate this contract at any time; however, the client must pay all outstanding invoices up to the date of termination. LAl1d1V69 SCHEDULE OF FEES AND CONDITIONS Effective 1 January 2023 BILLING CATEGORY HOURLY BILLING RATE Technician I 90 Technician II 110 Technician III 135 Staff Personnel - Level I 185 Staff Personnel - Level II 195 Staff Personnel - Level III 210 Senior Staff Personnel - Level I 230 Senior Staff Personnel - Level II 240 Senior Staff Personnel - Level III 255 Project Personnel - Level I 270 Project Personnel - Level II 280 Project Personnel - Level III 290 Senior Project Personnel - Level I 300 Senior Project Personnel - Level II 310 Executive Associate/Senior Associate/Associate 325 Associate Principal 335 Principal 355 Senior Principal 365 - Managing Principals are billed at$395/Hour - Senior Consultants are billed at$350/Hour - At any level, personnel may be engineers, geologists, hydrogeologists, landscape architects, regulatory specialists, scientists, planners,toxicologists, wetland specialists,etc. - Litigation related services, including expert testimony, court appearances, depositions, etc.are billed at 1.5 times the above rates. The services will be billed at a minimum of 4 hours for up to one half day and a minimum of 8 hours for services over 4 hours. - Langan reserves the right to make adjustments for individuals within these classifications as may be necessary by reason of promotion,and to increase our hourly billing rates due to annual salary increases. COMPUTER SERVICES Our in-house computer usage is billed on a time used basis at the following rates: Rate per Hour CADD,GIS and Terrain Modeling Programs $30.00 Engineering Programs/Digitizing $25.00 SURVEYING SERVICES See survey-specific Schedule of Fees and Conditions SUBCONTRACTOR/SUBCONSULTANT COSTS All subcontracted services including lab tests and analyses,borings,test pits,report reproduction,outside computer services,surveying,etc.,will be billed at cost plus 15%. REIMBURSABLE EXPENSES PROFESSIONAL LIABILITY AND RELATED INSURANCE A surcharge of 4%will be added to the invoice total to cover the cost of Professional Liability Insurance and related costs of insurance. IN-HOUSE LABORATORY TESTS Laboratory testing will be billed at unit rates depending on the type of test. A schedule of unit prices for standard laboratory tests will be furnished upon request. Engineering soil and/or rock samples will be stored for 90 days without charge and will be discarded,or returned to the client, unless otherwise requested by the client. Sample storage past 90 days will be billed at$10.00 per box per month. HEALTH AND SAFETY AND OTHER SPECIAL FIELD EQUIPMENT Special equipment such as nuclear densitometers,seismographs,load test equipment,surveying equipment,disposable protective equipment,and respirator cartridges will be billed on a daily rate.PID's and similar safety and/or monitoring equipment will be billed on daily,weekly or monthly rates. A rate schedule will be provided upon request. OTHER EXPENSES All expenses incurred for special supplies,plotting and plan reproduction,long distance communications,travel and subsistence and other project related expenses will be billed at cost plus 10%. Car mileage is billed at current IRS rates. Sampling vans/Field Vehicles are billed at a daily rate of$210. PREVAILING WAGE If applicable,prevailing wage premium will be added to the rates stated above. TERMS Invoices are payable within 30 days. Service charge of 1.5%/mo.will be imposed on all bills not paid w/in 30 days. If a bill remains unpaid after 60 days,we will discontinue our work until payments are received to bring your account current. We reserve the right to terminate an account without notice for non-payment. Version:1/2023 L A j/FVf 69 Wangan.com\data\PAR\other\SOFs\2023\2023 RAF Rates.docx GENERAL TERMS AND CONDITIONS These Terms and Conditions shall apply to services provided by Langan Engineering, Environmental,Surveying,Landscape Architecture and Geology, D.P.C.; or Langan Engineering and Environmental Services, LLC;or Langan CA Inc.; or Langan CT, Inc.; or Langan MA, Inc.; or Langan MI, Inc.; or Langan NC, Inc.; or Langan International, LLC; or Langan International UK, LTD.; or Langan Panama, S. DE R.L.; or Langan PR LLC; or Navix Engineering,LLC;or such other Langan entity specifically identified in the Proposal(each individually,a"LANGAN ENTITY");and together with the proposal to which these Terms and Conditions are attached (hereinafter, the "Proposal"), shall constitute the "Agreement." For purposes of this Agreement, the LANGAN ENTITY identified in the Proposal shall be referred to as"LANGAN"and the entity signing the Proposal shall be referred to as"CLIENT." A. SCOPE OF SERVICES AND ADDITIONAL SERVICES LANGAN will provide those services specifically identified in the Proposal(hereinafter,the"Services"). All Services,regardless of the commencement date,will be covered by these Terms and Conditions. All services not specifically identified in the Proposal are excluded;provided,however,that if requested by the CLIENT and agreed to by LANGAN in writing,LANGAN will perform such additional services("Additional Services")subject to these Terms and Conditions.Unless otherwise agreed in writing,the CLIENT shall pay LANGAN for the performance of any Additional Services on a time-and-materials basis based upon LANGAN's then-current hourly rates. For avoidance of doubt,email will constitute written notice. B. STANDARD OF CARE LANGAN's services will be performed in accordance with this Agreement and in a manner consistent with the generally accepted standard of care and skill ordinarily exercised by professionals performing similar services under similar circumstances at the place and time the services are being performed(the"Standard of Care"). LANGAN will exercise reasonable professional care in its efforts to comply with codes,regulations,laws,rules,ordinances,and such other requirements in effect as of the date of execution of this Agreement. The CLIENT agrees that no other representation, warranty or guarantee, expressed or implied, is provided by LANGAN or is presumed given by LANGAN under this Agreement or in any report,opinion,or any other document prepared by LANGAN or otherwise. C. CLIENT RESPONSIBILITIES In addition to other responsibilities described herein, the CLIENT shall: (i) provide all information and criteria as to the CLIENT's requirements, objectives, and expectations for the project, including all numerical criteria that are to be met and all standards of development,design,or construction and all other information reasonably necessary for completion of the Services, prior to the commencement of the Services; (ii) provide prompt,complete disclosure of known or potential hazardous conditions or health and safety risks;(iii)provide to LANGAN all previous studies,plans,or other documents pertaining to the project and all new data reasonably necessary in LANGAN's opinion for completion of the Services; (iv)review all documents or oral reports presented by LANGAN and render in writing decisions pertaining thereto within a reasonable time so as not to delay the Services; (v) furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of LANGAN's Services; (vi)give prompt written notice to LANGAN whenever the CLIENT becomes aware of any development that affects the scope and timing of LANGAN's Services or any defect or noncompliance in any aspect of the project;(vii)give immediate written notice to LANGAN whenever CLIENT becomes aware of a cyber-event impacting CLIENT's or LANGAN's data or computer systems, including but not limited to theft,dissemination or use of confidential or personally identifiable information,or breach of network security(including unauthorized access to,use of or tampering with computer systems or data,or introduction of any virus or malware);and(viii)bear all costs incident to the responsibilities of the CLIENT. LANGAN will have the right to reasonable reliance upon the accuracy and completeness of all information furnished by the CLIENT. CLIENT acknowledges that LANGAN has expended substantial time and expense in recruiting and training its employees and that the loss of such employees would cause significant financial harm to LANGAN.CLIENT therefore agrees that during the term of this Agreement and for one(1)year following completion of the Services,not to,directly or indirectly,attempt to or actually solicit,recruit or hire,any LANGAN employee involved with the Services. In the event this provision is violated,CLIENT will,on demand,pay LANGAN damages in an amount equal to the current yearly salary of the employee.CLIENT agrees that:(i)damages for a violation of this provision are difficult to ascertain;and(ii)the amount set forth herein bears a reasonable relationship to the actual damages LANGAN would incur and does not constitute a penalty.This provision will not apply to offers of employment resulting from general solicitations in the public domain. D. INVOICING AND SERVICE CHARGES LANGAN will submit monthly invoices to the CLIENT and a final bill upon completion of Services.The CLIENT shall notify LANGAN within two weeks of receipt of invoice of any dispute with the invoice.The CLIENT and LANGAN will promptly resolve any disputed items. Payment on undisputed invoice amounts is due upon receipt of invoice by the CLIENT and is past-due thirty(30)days from the date of the invoice.Any unpaid balances shall accrue late charges of 1.5%per month, or the highest rate allowed by law,whichever is lower,and the CLIENT agrees to pay all fees and expenses incurred by LANGAN in any collection action. The CLIENT shall notify LANGAN prior to executing this Agreement if federal,state,or local prevailing wage requirements apply. If prevailing wages apply,and LANGAN was not notified by CLIENT,CLIENT agrees to pay LANGAN the prevailing wage for new invoiced amounts,as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. CLIENT also agrees to defend,indemnify,and hold harmless LANGAN from any alleged violations for failing to pay prevailing wages,including the payment of any fines or penalties. E. RIGHT OF ENTRY The CLIENT shall provide for safe right of entry in order for LANGAN to perform its Services,including execution of any site access or license agreements required for completion of the Services.LANGAN will not be required to execute any site access or license agreement(s).While LANGAN will take all reasonable precautions to minimize any damage to the property,the CLIENT acknowledges and agrees that in the normal course of work some damage may occur,the correction of which is not part of this Agreement unless specifically provided in the proposal. F. JOBSITE SAFETY AND CONTROL OF WORK LANGAN will take reasonable precautions to safeguard its own employees and those for whom LANGAN is legally responsible. Unless expressly agreed to in writing by LANGAN under separate contract, LANGAN will have no responsibility for the safety program at the Project or the safety of any entity or person other than LANGAN and its employees. Neither the professional activities of LANGAN nor the presence of LANGAN's employees and subcontractors at the Project site will be construed to confer upon LANGAN any responsibility for any activities on site performed by personnel other than LANGAN's employees and subcontractors. The CLIENT agrees that LANGAN will have no power, authority, right or obligation to supervise, direct, stop the work of or control the activities of any other contractors or subcontractors or construction manager,their agents,servants or employees. G.EXISTING CONDITIONS AND SUBSURFACE RISKS Special risks occur whenever engineering or related disciplines are applied to identify subsurface conditions.Even a comprehensive sampling and testing program implemented in accordance with a professional Standard of Care may fail to detect certain conditions.The environmental,geologic,geotechnical,geochemical, and hydrogeologic conditions that LANGAN interprets to exist between sampling points will differ from those that actually exist.The CLIENT recognizes that actual conditions will vary from those encountered at the locations where borings, sampling, surveys, observations or explorations are made by LANGAN or its subcontractors and that the data, interpretation,and recommendations of LANGAN are based solely on the information available to it. Furthermore,the CLIENT recognizes that passage of time,natural occurrences,and/or direct or indirect human intervention at or near the site may substantially alter discovered conditions. LANGAN shall not be responsible for interpretations by others of the information it develops or provides to the CLIENT. Version: 03022026FINAL Page 1 of 4 Page 66 of 69 LANGAN will take reasonable precautions to avoid damage or injury to subterranean structures or utilities in the performance of its services.The CLIENT agrees to defend, indemnify,and hold LANGAN harmless for any damage to subterranean structures or utilities and for any impact this damage may cause where the subterranean structures or utilities are not called to LANGAN's attention or are not correctly shown on the plans furnished by CLIENT or third parties. H. HAZARDOUS MATERIALS Unless otherwise expressly agreed to in writing,the parties acknowledge that LANGAN'S scope of services does not include any services related to a hazardous environmental condition(such as asbestos, PCBs, petroleum,mold,waste, radioactive materials or any other hazardous substance).The discovery of any such condition shall be considered a changed condition and LANGAN may suspend its services until the CLIENT has resolved the condition. I. INDEMNIFICATION Subject to the provisions of Section J of these General Terms and Conditions,LANGAN agrees to indemnify and hold harmless the CLIENT and CLIENT's parent companies,subsidiaries,affiliates,partners,officers,directors,shareholders,and employees for any and all damage obligations, liabilities,judgments,and losses for personal injury and/or property damage including reasonable attorney's fees and other expenses and disbursements,asserted by any third parties to the extent determined to have been caused by the negligent acts,errors or omissions or willful misconduct of LANGAN in the performance of its services under this Agreement. LANGAN will not be responsible for any loss,damage,or liability arising from any acts by the CLIENT or any of its agents,employees,staff,or other consultants, subconsultants, contractors or subcontractors. In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by an applicable statute of repose or statute of limitations. To the fullest extent permitted by law, the CLIENT agrees to indemnify, defend and hold harmless LANGAN and LANGAN's parent companies, subsidiaries, affiliates, partners, officers, directors,shareholders, and employees for any and all, damage obligations, liabilities,judgments and losses, including reasonable attorneys' fees and all other expenses and disbursements, to which LANGAN may be subject, arising from or relating to (i) any unknown site condition or subterranean structures of which LANGAN does not have actual knowledge; (ii) any errors, omissions or inconsistencies in any data documents, records or information provided by the CLIENT on which LANGAN reasonably relied;(iiii)any breach of contract,tort,error,omission,wrong,fault,or failure to comply with law by the CLIENT or third party over whom LANGAN has no control; (iv) the transport, treatment, removal or disposal of all Samples; and (v) the CLIENT's unauthorized use or copyright violation of plans,reports,documents and related materials prepared by LANGAN. In connection with any construction project, CLIENT agrees to insert the following wording into any General Contract, Construction Management Agreement,or foundation contractor's contract:"To the extent permitted by law,and to the extent not proven to be caused in whole or in part by an indemnitee's own negligence, the contractor and its subcontractors of any tier shall indemnify,defend,save and hold harmless the CLIENT and LANGAN from and against all liability,damage, loss,claims,demands and actions of any nature whatsoever(including reasonable attorneys'fees and litigation costs)which arise out of or are connected with or are claimed to arise out of or claimed to be connected with the design (to the extent the design is based on calculations, plans and drawings by contractor or anyone acting by, through or under contractor for which contractor is responsible) and performance of work by the contractor, or any act or omission of the contractor. Without limiting the generality of the foregoing,such defense and indemnity shall include all liability,damages, loss,claims,demands and actions on account of personal injury, death, property damage or any other economic loss to any indemnitee, any of indemnitees' employees, agents, contractors or subcontractors,licensees or invitees,or sustained by any other persons or entities,whether based upon,or claimed to be based upon,statutory(including,without limiting the generality of the foregoing,workers'compensation),contractual,tort or other liability of any indemnitee,contractor,subcontractor or any other persons." In connection with any damages,loss,suit,claim or proceeding arising from or otherwise related to the execution of excavation,support of excavation,foundations, or underpinning activities,CLIENT agrees to use all reasonable efforts to seek defense and indemnification from the Contractor and Subcontractor responsible for the work, and,to the extent the CLIENT is entitled to be or is otherwise indemnified by contractors/subcontractors, CLIENT shall not seek indemnification from LANGAN. Payment by CLIENT in accordance with Section D of this Agreement is a condition precedent to LANGAN's indemnification obligations. In the event any part of this indemnification is determined to be void as a matter of law,then the clause shall automatically be reformed to be consistent with the law and apply the parties'intent to the maximum extent permissible by law. J. LIMITATION OF LIABILITY To the fullest extent permitted by law,the total liability, in the aggregate,of LANGAN and its officers,directors,partners,employees,agents,and subconsultants, to CLIENT,and anyone claiming by,through,or under CLIENT,and to any third parties granted reliance by LANGAN per Section 0,for any claims,losses,costs, or damages whatsoever arising out of,resulting from or in any way relating to this Project or Agreement,from any cause or causes,including but not limited to tort (including negligence and professional errors and omissions),strict liability,breach of contract,or breach of warranty,shall not exceed an aggregate amount equal to the total compensation received by LANGAN or$100,000,whichever is greater.The CLIENT may negotiate a higher limitation of liability for an additional fee, which is necessary to compensate for the greater risk assumed by LANGAN. To the extent damages are covered by property insurance,LANGAN and the CLIENT 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. LANGAN and the CLIENT,as appropriate, shall require of the contractors, subcontractors, consultants,subconsultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. PURSUANT TO FLA.STAT.ANN. § 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF LANGAN MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. K.WAIVER OF CONSEQUENTIAL DAMAGES LANGAN and the CLIENT waive all consequential or special damac es,including,but not limited to,loss of use,profits,revenue,business opportunity,or production, for claims,disputes,or other matters arising out of or relating to tie services provided by LANGAN regardless of whether such claim or dispute is based upon breach of contract,willful misconduct or negligent act or omission of either of them or their employees,agents,subconsultants,or other legal theory. This mutual waiver shall survive termination or completion of this Agreement. L. INSURANCE LANGAN agrees to maintain workers'compensation insurance as required by law and general liability,automobile and professional liability insurance with limits of $1,000,000. Certificates of insurance will be issued to the CLIENT upon written request. The CLIENT agrees that it will require the construction manager, general contractor and, the contractor(s) responsible for performing the work reflected by or relating to LANGAN's services on the Project, to name LANGAN as an additional insured on its Commercial General Liability and Excess/Umbrella insurance policies inclusive of operations, completed operations, and products liability coverage provisions. Such additional insured coverage shall be provided by endorsement CG 20 32 0413(for ongoing operations)and endorsement CG 20 37 0413(for completed operations).To the fullest extent permitted by law,CLIENT hereby waives all rights of recovery under subrogation against LANGAN and its consultants. Version: 03022026FINAL Page 2 of 4 Page 67 of 69 M.FORCE MAJEURE LANGAN will not be responsible or liable for any delays in performance,failure of performance or additional costs incurred by CLIENT related to any force majeure event,including but not limited to fire,flood,explosion,the elements,or other catastrophe,unforeseen existing or subsurface conditions,acts of God,war,riot,civil disturbances, terrorist act, strike, lock-out, refusal of employees to work, labor disputes, inability to obtain materials or services, recognized health threats as determined by the World Health Organization,the Center for Disease Control,or local governments or health agencies(including but not limited to health threats of COVID-19, H1N1, or similar infectious diseases), or delays caused by the CLIENT, its agents, contractors, subcontractors, consultants, subconsultants or employees,or any governmental regulation or agency,or for any other cause beyond the reasonable control of LANGAN. N. OPINION OF COST Consistent with the Standard of Care in Section B of these General Terms and Conditions,any opinions rendered by LANGAN as to costs,including,but not limited to, opinions as to the costs of construction, remediation and materials, shall be made on the basis of its experience and shall represent its judgment as an experienced and qualified professional familiar with the industry. LANGAN cannot and does not guarantee that proposals,bids,or actual costs will not vary from its opinions of cost.LANGAN's services required to bring costs within any limitation established by the CLIENT will be paid for as Additional Services. 0.PROJECT DELIVERABLES All reports,opinions,notes,drawings,specifications,data,calculations,and other documents prepared by LANGAN and all electronic media prepared by LANGAN are considered its project Deliverables to which LANGAN retains all rights. The CLIENT acknowledges that electronic media are susceptible to unauthorized modification,deterioration,and incompatibility;and therefore,the CLIENT cannot rely upon the electronic media version of LANGAN's Deliverables.All Deliverables provided by LANGAN to the CLIENT as part of the Services are provided for the sole and exclusive use of the CLIENT with respect to the Project. Reliance upon or reuse of the Deliverables by third parties without LANGAN's prior written authorization is strictly prohibited;provided,however,that LANGAN,in its sole discretion, may agree to grant reliance to a single relying party subject to(i)i)the payment by CLIENT of a reliance fee equal to 10 percent(10%)of the amount paid by CLIENT for the Deliverables upon which reliance is to be granted, and (ii) acceptance by the relying party of Langan's standard reliance letter(a copy of which will be provided to CLIENT and relying party upon request). If the CLIENT distributes, reuses, or modifies LANGAN's Deliverables without the prior written authorization of LANGAN, or uses LANGAN's Deliverables to complete the project without LANGAN'S participation, the CLIENT agrees, to the fullest extent permitted by law, to release LANGAN, its officers, directors, employees and subconsultants from all claims and causes of action arising from such distribution, modification or use, and shall indemnify and hold LANGAN harmless from all costs and expenses,including the cost of defense,related to claims and causes of action arising therefrom or related thereto. LANGAN will not sign any documents that certify the existence of conditions whose existence LANGAN cannot ascertain,or execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. In the event LANGAN is required to execute any certifications, it is understood and agreed that:(i)the words"certify''or"certification"shall mean an expression of LANGAN's professional opinion based upon available information and consistent with the Standard of Care;and(ii)such certification does not constitute a warranty or guarantee by LANGAN. P. CONFLICTS OF INTEREST LANGAN provides engineering and other services on behalf of many companies and individuals;thus,during the time LANGAN is providing services to CLIENT it may also provide engineering and other services, unrelated to the services LANGAN is providing to CLIENT,to other present or future clients of LANGAN with interests adverse to CLIENTS interests. CLIENT agrees that LANGAN'S services to CLIENT will not disqualify LANGAN from providing services to other clients in matters that are unrelated to the services LANGAN is providing to CLIENT,and CLIENT hereby waives any conflict of interest with respect to those services. LANGAN agrees not to use or disclose any proprietary or other confidential information of a nonpublic nature concerning CLIENT,which is acquired by LANGAN as a result of its service to CLIENT,in connection with any other matter,unless required to do so by law. Q. TERMINATION AND SUSPENSION Except as otherwise provided in this Agreement, this Agreement may be terminated by either party upon not less than seven (7) calendar days'written notice should the other party fail substantially to perform in accordance with the terms and conditions of this Agreement through no fault of the party initiating the termination. If the defaulting party fails to cure its default within the seven(7)calendar day notice period or fails to commence action to cure its default if the cure cannot reasonably be completed within the seven(7)days,the non-defaulting party may terminate the Agreement. Failure of the CLIENT to make payments to LANGAN in accordance with this Agreement shall be considered substantial non-performance and grounds for termination or suspension of services at LANGAN's option after such seven(7)day notice period or anytime thereafter. In the event of suspension for non-payment, LANGAN shall have the right to: (i) withhold its project Deliverables; and (ii) demand advanced payment for future services. Furthermore, LANGAN will be compensated for all services performed and reimbursable expenses incurred prior to such termination and all termination expenses. In the event of a suspension of services or termination of the Agreement by LANGAN in accordance with this Section Q,LANGAN will have no liability for any delay or damage of any kind actually or allegedly caused by such suspension of services or termination. CLIENT shall not withhold amounts from LANGAN'S compensation to impose a penalty or damages on LANGAN,or to offset sums requested by or paid to contractors for the cost of changes in their work unless LANGAN agrees or has been found liable for the amounts. R. DISPOSAL OF SAMPLES All samples,contaminated or otherwise "Samples"),collected by LANGAN while performing services under this agreement remain the property and responsibility of the CLIENT.LANGAN may dispose of Samples in its possession after ninety(90)calendar days from the date the samples are taken unless otherwise required by law or other arrangements are mutually agreed to in writing by the parties. At all times,any and all rights,title and responsibility for Samples shall remain with the CLIENT. Under no circumstances shall these rights, title and responsibility be transferred to LANGAN, and nothing contained in this Agreement shall be construed as requiring LANGAN to assume the status of an owner,operator,generator,storer,transporter or person who arranges for disposal,under any federal or state law or regulation.CLIENT shall reimburse LANGAN for the actual cost of disposal plus 15%. S. RIGHT TO REFERENCE PROJECT The CLIENT agrees that LANGAN has the authority to use its name as the CLIENT and a general description of the Project as a reference for other prospective clients. T. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties hereto and their respective successors and assigns. Neither party may assign or transfer this Agreement without the prior written consent of the other party,provided,however,that LANGAN can assign this Agreement,without consent,to a subsidiary or affiliate of LANGAN. The parties agree that this Agreement is not intended to give any benefits,rights,actions or remedies to any person or entity not a party to this Agreement,as a third-party beneficiary or otherwise under any theory of law. If LANGAN is requested to execute a consent to assignment of this Agreement to a lender or other entity providing financing for the Project, LANGAN, in its sole but reasonable discretion, may agree to execute any such document provided it does not materially alter LANGAN's risk exposure or obligations under this Version: 03022026FINAL Page 3 of 4 Page 68 of 69 Agreement,and provided the assignee agrees to:(i)pay any amounts due and owing at the time of assignment;(ii)pay any amounts to become due subsequent to such assignment;and(iii)be bound by the terms and conditions of this Agreement. U. DISPUTE RESOLUTION LANGAN and the CLIENT agree that any disputes arising under this Agreement and the performance thereof shall be subject to non-binding mediation as a prerequisite to further legal proceedings,which proceeding must be brought in a court of competent jurisdiction in the state in which the office of LANGAN that issued the Proposal is located. LANGAN and CLIENT waive any right to a trial by jury. All actions by CLIENT against LANGAN, and by LANGAN against CLIENT whether for breach of contract,tort or otherwise,shall be brought within the period specified by applicable law,but in no event more than five(5)years following substantial completion of LANGAN'S services. CLIENT and LANGAN unconditionally and irrevocably waive all claims and causes of action not commenced in accordance with this paragraph. If the CLIENT asserts a claim against LANGAN relating to allegations of professional negligence in performance of LANGAN'S services under this Agreement, LANGAN will be entitled to reimbursement of any costs incurred by LANGAN in the defense of the professional negligence claim,including any expenses incurred as part of LANGAN'S professional liability insurance deductible,to the extent LANGAN is successful in its negligence defense. V. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the state in which the office of LANGAN that issued the Proposal is located. W.ENTIRE AGREEMENT Unless a separate agreement is executed by the parties,upon receipt of direction to proceed from CLIENT and commencement of the SERVICES by LANGAN, and regardless of whether CLIENT signs the Proposal,these General Terms and Conditions will govern LANGAN's performance of the Services. This Agreement(consisting of these General Terms and Conditions,the accompanying Proposal and LANGAN's Fee Schedule,if applicable)constitutes the entire agreement between the parties,supersede any and all prior agreements or representations of the parties to this agreement and conflicting terms on documents created by the CLIENT,and may not be modified,amended,or varied except by a document in writing signed by the parties hereto. Version: 03022026FINAL Page 4 of 4 Page 69 of 69