Bid Notice.pdf

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Installation of Heating Ventilation Air Conditioning (HVAC) Units
Solicitation number
2026-03
Issued by
Westchester County, New York

About this file

This is a Request for Proposals (RFP) issued by the Village of Mamaroneck, New York, in partnership with the New York State Housing Trust Fund Corporation's Office of Resilient Homes and Communities, for Planning, Engineering and Design Services related to flood mitigation and resilience improvements on the Beaver Swamp Brook in the Rye Neck section of the Village. The project scope encompasses site reconnaissance, topographic and bathymetric surveying, geotechnical investigations, engineering analysis for a sanitary pump station, conceptual design development at 30% completion, cost estimation, regulatory permitting analysis, and a comprehensive engineering design report. The project targets pedestrian bridge replacement and Beaver Swamp Brook channel restoration to address flooding issues that damaged residential properties during Hurricane Ida in September 2021. The RFP was issued on June 11, 2026, with requests for clarification due by June 18, 2026, written responses provided by June 25, 2026, and proposals due July 2, 2026, at 2:00 PM Eastern Time. The contract term is one year, with the Village reserving the right to extend for additional years by mutual agreement. All work funded by the RISC grant program must be completed by January 1, 2027, with project implementation targeted for Q3-Q4 2026.

The RFP is funded through a HUD Community Development Block Grant - Disaster Recovery (CDBG-DR) allocation to New York State under the Resilient Investments through Support and Capital (RISC) program, with the Village potentially funding additional related work from its own budget. Proposers must be licensed professional engineers, architects, or landscape architects in New York State and are required to comply with M/WBE/SDVOB participation goals of 15% MBE, 15% WBE, and 6% SDVOB as a percentage of total RISC grant funding value. Subcontractors are permitted with full documentation required. Evaluation criteria include Proposer Qualifications (20 points), Staff Qualifications (20 points), Work Plan and Approach (30 points), and Cost Proposal (30 points). Pricing must be all-inclusive with no expense reimbursements permitted, and the Village requires submission of hourly rates by job title for potential additional work. The contractor must maintain comprehensive insurance coverage including General Liability ($1,000,000 per occurrence/$2,000,000 aggregate), Professional Liability ($500,000), and Workers' Compensation at statutory limits, with the Village named as additional insured. All deliverables become works made for hire and remain the property of the Village.

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REQUEST FOR PROPOSALS

Planning, Engineering and Design Services for

Flood Mitigation on the Beaver Swamp Brook

Issue Date: 6/11/26 Due Date: 7/2/26 at 2:00 pm

I. PROPOSAL INFORMATION

The Village of Mamaroneck (the “Village”), acting by and through its Office of the Village Manager, is requesting proposals from qualified proposers to provide Planning, Engineering and Design Services to assist the Village with reducing flood risk and improving flood resiliency on the Beaver Swamp Brook in the Rye Neck section of the Village (Town of Rye).

The Village has acquired a grant under the Resilient Investments through Support and Capital (RISC) program from the Housing Trust Fund Corporation, represented by the New York State (NYS) Homes and Community Renewal (HCR) Office of Resilient Homes and Communities (ORHC), that is funded by a United States Department of Housing and Urban Development Community (HUD) Development Block Grant - Disaster Recovery (CDBG-DR) allocation to New Yor State to support long-term recovery efforts in response to Hurricane Ida (FEMA DR-4615). The work undertaken will be in accordance with the standard requirements and conditions described in Schedule D: New York State Community Development Block Grant Agreement IDA Program Subrecipient Agreement (SRA) to this RFP that are applicable to contractors and subcontractors. This includes but is not limited to Sections “10(B) Subcontracting” and the MBE, WBE, SDVOB and other participation goals and reporting requirements outlined in Appendix 1 to the SRA.

The Village may fund additional and related work from its own budget.

i. SCHEDULE

Issue Date: 6/11/26 Requests for Clarification Due: 6/18/26 at 12:00 pm Written Responses to Requests for Clarification: on or before 6/25/26 Due Date: 7/2/26 at 2:00 pm

All times specified above and elsewhere in this RFP shall be understood to be Eastern Time.

ii. REQUESTS FOR CLARIFICATION

All requests for clarification must be submitted to Dennis Delborgo at ddelborgo@vomny.org no later than 12:00 pm on 6/18/26. The subject line of the email message must read “Request for Clarification – P/E/D for Flood Mitigation - BSB”.

Formal written responses will be distributed by the Village on or before 6/25/26 by being posted on the Village website: https://www.villageofmamaroneckny.gov/bids.aspx

NO COMMUNICATIONS OF ANY KIND WILL BE BINDING AGAINST THE VILLAGE, EXCEPT FOR THE

FORMAL WRITTEN RESPONSES TO ANY REQUESTS FOR CLARIFICATION.

iii. PROPOSAL CONTENT

Each proposal must include the items below. Any proposal that does not contain everything specified below and/or does not conform to the requirements for proposals will not be reviewed or considered.

1.) Cover letter 2.) The proposer’s responses to the questions outlined in Schedule “A” 3.) Cost proposal, consisting of a completed version of the cost proposal form in Schedule “B”.

mailto:ddelborgo@vomny.org https://www.villageofmamaroneckny.gov/bids.aspx

All corrections made by the proposer must be made prior to the due date for Proposals. No changes will be allowed after the due date for proposals.

Each of one or more of the proposers may be required to give an oral presentation to the Village to clarify or elaborate on the written proposal.

Firms certified in New York State as Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) and/or Service-Disabled Veteran-Owned Business Enterprises (SDVOB) are strongly encouraged to participate.

iv. PROPOSAL SUBMISSION

Each proposer must submit one (1) electronic copy of its proposal, in PDF format, via e-mail.

The above-specified materials must be submitted to:

Dennis Delborgo Office of the Village Manager ddelborgo@vomny.org

v. AMENDMENTS AND ADDENDA

Should the Village find it necessary to amend this RFP and/or issue any addenda, such documents will be posted to the Village’s website for RFPs: https://www.villageofmamaroneckny.gov/bids.aspx

Each prospective proposer shall have an obligation to monitor the Village’s website for RFPs in order to ensure that it is aware of each amendment and/or addendum that is issued.

vi. PROPOSAL EVALUATION

The Village will choose the proposal from a responsible proposer that is most advantageous to the Village, and otherwise in accordance with the Village’s Procurement Policy. The Village will evaluate all proposals based on the criteria specified below.

1.) Proposer Qualifications (20 points out of 100): The proposer’s ability, qualifications, and experience, both in general and in providing services like those solicited by this RFP.

2.) Staff Qualifications (20 points out of 100): The ability, qualifications, and experience of the proposer’s staff that would be assigned to provide the services solicited by this RFP.

3.) Work Plan and Approach (30 points out of 100): The proposer’s proposed work plan and approach for providing the services solicited by this RFP, including a detailed project schedule and milestones.

4.) Cost Proposal (30 points out of 100): This includes consideration of the proposed cost.

M/WBE and SDVOB Goals:

The Minority and Woman Owned and Service Disabled Veteran Owned Business goals are as follows:

15% MBE, 15% WBE, 6% SDVOB as a percentage of the total value of all work to be performed using RISC grant program funding. Firms that support the village’s effort to meet these goals, including through the use of subcontractors, may be awarded additional points under Proposer Qualifications.

mailto:ddelborgo@vomny.org https://www.villageofmamaroneckny.gov/bids.aspx

Subcontractors:

By submitting a proposal, Proposers are confirming that they have the availability and technical ability to meet the timeline and requirements for the project as outlined in this RFP.

Subcontractors are permitted so long as all the same information required of the Prime contractor is also included for the Subcontractor for review and evaluation by the village.

II. BACKGROUND

The Village of Mamaroneck is located in Westchester County, New York, and is home to about 20,000+ residents. Most of the Village is also located within the Town of Mamaroneck, and a portion in the Town of Rye.

The Village is primarily a residential community on Long Island Sound with several parks, a harbor and a beach. US Route-1, Interstate-95 and Metro North Railroad are major transportation corridors running through the Village. The community is primarily suburban, with a mix of housing stock, as well as a busy downtown business corridor and a light industrial area. The Village comprises about 3 sq. miles of land area, coastal waters and approximately 9 miles of coastline. The Village operates under a Council- Manager form of government.

Project Background and Connection to Mitigation Needs

The need for this project was identified in the Beaver Swamp Brook Flood Mitigation & Resilience

Report, completed in July 2024 under the Resilient NY Program (program website). The report (link to report) identifies a pedestrian crossing over Beaver Swamp Brook within High Risk Area 1 in the Village of Mamaroneck. The bridge connects the Continental View condominium complex with Shore Acres

Drive. A gravity sanitary sewer pipe passes beneath the bridge deck. The bridge abutments on both sides of the channel extend out into the channel, restricting flow conveyance. During high flows, the pedestrian bridge restricts flow, increasing flooding upstream of the bridge, including at the Continental

View condominium complex. This problem is exacerbated during the high tide cycle. The constriction at the bridge opening also increases flow velocities, which have caused a scour hole to form downstream of the bridge, posing a risk to the bridge and the sewer line. The Hazard Mitigation Plan for Westchester

County identifies severe storms and floods as the highest risk hazards in the Village of Mamaroneck.

Flood Damages during Hurricane Ida

Hurricane Ida dropped heavy rainfall on Westchester County in September 2021 and caused widespread damage. The Beaver Swamp Brook Flood Mitigation & Resilience Report was completed in response to damage sustained in Westchester County during Hurricane Ida. According to the Hazard Mitigation Plan for Westchester County, Hurricane Ida resulted in major damage, flooded homes, and flooded public properties in Mamaroneck.

Proposed Solution

The recommended solution includes installation of a sanitary pump station at the rear of the

Continental View Condominiums, with a sanitary force main connecting to a nearby existing sewer manhole, eliminating the need for a sewer crossing of the brook and allowing for the full removal of the channel constriction and restoration of the channel to an adequate width. The existing pedestrian bridge will be replaced with a wider span bridge to maintain pedestrian access as funding allows.

https://dec.ny.gov/environmental-protection/water/water-quantity/resilient-ny https://dec.ny.gov/sites/default/files/2025-02/beaverswampfloodreport.pdf https://dec.ny.gov/sites/default/files/2025-02/beaverswampfloodreport.pdf

Flood Mitigation and Resiliency

The top of the existing pedestrian bridge is at an elevation of 8.3 feet, and the top of the sewer pipe has an elevation of 4.7 feet. The FEMA flood insurance study predicts the 10-year flood event in

Mamaroneck Harbor to be 9.5 feet. The elimination of the sewer line crossing over the brook will improve resiliency and eliminate the risk of a sewage leak if the sewer line were to be damaged during a flood, potentially polluting the downstream Guion Creek. If funding allows for the replacement of the pedestrian crossing, the new span will be resilient to future sea level rise and increased stream flows, challenges for the village due to a changing climate. The deck of the new bridge will be placed high enough so that water in the Brook does not make contact with the deck of the bridge, even during extreme high tides and high flow events.

III. SCOPE OF WORK / TASKS

Project initiation meeting – Conduct a meeting of the project team

The selected Proposer will participate in a Project Initiation Meeting with the Village and New York State

Office of Resilient Homes and Communities. The meeting will review the project scope and schedule, project requirements, roles and responsibilities, MWBE requirements, State Environmental Quality

Review Act (SEQRA) compliance requirements, ADA requirements, identify new information needs and next steps.

The successful Proposer shall prepare and distribute to all project partners a brief meeting summary clearly indicating the agreements reached at the meeting.

Products (including but not limited to): Project initiation meeting held with appropriate parties. Written meeting summary outlining agreements reached. This meeting shall be held no later than one week after execution of agreement between the Village and the successful Proposer.

Site reconnaissance – Conduct a site visit by design engineers to evaluate and document site conditions through field notes and photo documentation.

The successful Proposer shall conduct site-specific reconnaissance, in preparation for design. Work to be performed by the successful Proposer shall include, at a minimum, identification, analysis, and mapping:

Complete a site survey showing extent of project boundary • Ownership/grant/lease status of all lands to be incorporated into the design • Manmade structures, buildings, or facilities on or adjacent to the site • Above and below ground infrastructure, including sewer and stormwater treatment structures •

Transportation/circulation systems (truck, car, bus, ferry, train, pedestrian, bicycle, etc.) that serve or are located near the site • Adjacent land and water uses • Historic, cultural and archeological resources

• Soil and, as appropriate, core sampling to determine site stability • Topography and hydrology •

Natural resources inventory, including location of mature trees • Delineation of wetlands •

Identification of any hazardous materials in the project area • Zoning and other applicable designations

• Site constraints, needs, and opportunities.

Products: Map(s) and written summary describing the above information and any other appropriate information identified during the project initiation meeting. Maps and relevant data and information shall be submitted in ArcGIS format. Initial onsite assessment shall be completed within 30 days, draft deliverables within 60 days and final deliverables within 90 days of execution of an agreement between the Village and the successful Proposer. Document best management practices to be employed to avoid or reduce water quality impairments from upland runoff or in-water activities. Identify impacts, if any, to state-designated Significant Coastal Fish and Wildlife Habitat areas, Scenic Areas of Statewide

Significance, other Coastal Management Program special management areas, or other sensitive resources, and how those impacts should be avoided or mitigated.

Collection of topographic and bathymetric survey - Perform topographic and bathymetric survey at the project site. Prepare digital base map at a scale of 1"=20' and depicting contours at a 1-foot interval.

Research available land records to determine roadway right-of-way limits, approximate property lines, and abutters' names. Superimpose the information on the base map. Contact local utility providers and conduct mapping of existing utilities in the immediate vicinity of site. The location of observed utilities will be located during the field survey, and mapping will be supplemented by the information provided by each utility provider.

Products: Mapping and Utility Survey

Subsurface investigations (geotechnical borings) - Develop a subsurface exploration program. Two borings will be drilled to an approximate depth of 30 to 35 feet. Perform advance field utility mark-out of borings. Perform split spoon sampling at 5-foot intervals and observe borings in the field. Conduct laboratory testing, such as sieve analyses, based on the materials encountered and to confirm visual classification of materials.

Products: Prepare and furnish boring logs.

Engineering analysis to determine sanitary pump station capacity - Estimate the peak sanitary sewer flow required by the residential units at Continental View condominium complex. Estimate the total dynamic head required by the pumps based on elevation and pipe headloss in the new force main.

Pump selection will be based on a single pump meeting this peak demand so that the pumps will operate in a lead-lag configuration.

Products: Engineering analysis of proposed new sanitary pump station.

Conceptual engineering design - Develop conceptual design plans for the project not to exceed 30% completion. The plans will be overlaid onto the project base mapping developed by the successful Proposer. Conceptual design will be developed for the following components:

• Sanitary pump station and sewer line

• Pedestrian bridge demolition

• Pedestrian bridge replacement

• Beaver Swamp Brook channel restoration (widening and bank stabilization)

Engineer’s opinion of cost - Prepare a 30% design cost opinion and complete a benefit cost analysis for the selected intervention utilizing a methodology acceptable for FEMA and/or New York State capital grants.

Products: Engineer’s opinion of cost estimate.

Identification of federal, state, and local regulatory permitting needs – Conduct a desktop analysis to identify federal, state, and local permitting needs including review of State Historic Preservation Office [SHPO] and New York State Natural Heritage Program requirements to identify any need for consultation with these agencies, or any State Environmental Quality Review Act [SEQRA] issues that may arise.

Products: Written permit analysis. Pre-permitting meeting with identified entities.

Engineering design report – Produce an engineering design report that complies with the NYS Environmental Facilities Corporation’s requirements for an eligible infrastructure project.

Products: Engineering Design Report.

Misc. Requirements:

Unless otherwise specified in the Work Plan tasks, the successful Proposer must submit all required products in the following formats:

• Draft products: one digital copy of each product must be submitted in Microsoft Word and Adobe® Acrobat® Portable Document Format (PDF), created using 300 dpi scanning resolution.

• Final products: one electronic copy of each product must be submitted in Microsoft Word, PDF (20 MB maximum if emailed), created using a minimum 300 dpi scanning resolution. In addition, one paper copy of each final product (including reports, designs, maps, drawings, and plans) must be submitted.

• Electronic data for all Geographic Information System-based mapping products and associated spatial data must be submitted in either ArcGIS format, and comply with the requirements for Contract GIS Products. Formal metadata must be provided with all digital GIS data which includes, at minimum, a file summary/abstract, intended use, data, source data, and author information.

• Electronic data for all designs, drawings, and plans must be submitted in the original software that they were created (such as CAD format or other similar product acceptable to the Village), as well as in JPG format.

• Photographs and images must be submitted in JPG format with a minimum resolution of 300 dpi must be dated and captioned with the location and a brief description of the activity being documented and include any associated metadata (including the photo’s GPS location where available).

The Village requires a licensed professional engineer, architect or landscape architect licensed to practice in New York State for preparation and certification of designs and other documents.

IV. TERM

The term of the agreement will be for one year, with the Village of Mamaroneck reserving the right to extend the contract for an additional year or for multiple years by mutual agreement of the parties.

The Village requires the services requested to be performed on an expedited timetable to meet a deadline of the grant program funding the project.

Project Schedule

ACTIVITY COMPLETION DATE

A&E Support Services Procurement Q2 2026

Project Implementation Q3 2026 to Q4 2026

Closeout Q4 2026

All work to be funded by the RISC program grant must be completed prior to January 1, 2027.

Additional work may be assigned by the Village beyond this date prior to expiration of the agreement.

V. LEGAL

This is not a Request for Bids.

The Village is not responsible for any costs incurred by the proposer associated with the preparation of a proposal in response to the RFP.

Proposals may be subject to public records access requests.

The Village reserves the right to reject all proposals; reject proposals that do not conform to the requirements set forth in this RFP; to waive irregularities in proposals received; to enter into agreements with one or more proposers, or to not enter into an agreement with any proposer.

The Village will allow Subcontractors. All Subcontractors must be approved by the Village. Proposers are encouraged to consider Subcontractors that would assist the Village with meeting MWBE/SDVOB goals.

The Prime Contractor must flow down the requirements included in Schedule D: Ida Program SRA to all Subcontractors.

All customized deliverables, records, materials, and the like performed under an agreement with the Village shall be considered “works made for hire” and become and remain the property of the Village.

VENDOR RESPONSIBILITY QUESTIONNAIRE

Interested parties shall submit with their proposal a Vendor Responsibility questionnaire (VRQ) which is accessible through the Office of the New York State Comptroller via the VendRep system available online at: https://www.osc.ny.gov/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire

I. INSURANCE REQUIREMENTS

The Contractor, prior to agreement, shall provide to the Village and maintain throughout the life of the contract, at his/her own cost and expense, proof of the following insurance by insurance companies that are admitted in NY State and have a A.M Best Financial Rating of A- 9 or better.

The CONTRACTOR shall, during the performance of the work, maintain the following insurance in the types and amounts, and with insurers satisfactory to the OWNER. All insurance policies shall be procured and maintained with New York State licensed carriers of insurance.

1.) Employer’s Liability $1,000,000

2.) General Bodily Injury $1,000,000 each occurrence

3.) General Property Damage $1,000,000 each occurrence

4.) Automobile Bodily Injury $1,000,000 per injury and $1,000,000 each occurrence

5.) Automobile Property Damage $1,000,000 each occurrence 6.) Professional Liability $500,000

7.) General Liability $1,000,000 per occurrence and $2,000,0000 aggregate

8.) Excess or Umbrella $1,000,000 per occurrence and $2,000,000 aggregate

Prior to commencing performance, the CONTRACTOR shall furnish the OWNER with a Certificate of Insurance as evidence of the required insurance and such Certificate of Insurance as evidence of the required insurance and such Certificate shall name the Village of Mamaroneck, the NYS Housing Trust Fund Corporation, Office of Resilient Homes and Communities, and the State of New York as additional insured. The Certificate shall provide for thirty (30) days written notice to the OWNER prior to cancellation thereof. New, current certificates shall be provided at each policy renewal. The OWNER, the NYS Housing Trust Fund Corporation, Office of Resilient Homes and Communities, and the State of New York shall be listed as an additional insured on coverages furnished under 1-8 inclusive.

Workmen’s Compensation. The Contractor shall take out and maintain during the life of this contract the statutory Workmen’s Compensation, Disability, and Employer’s Liability insurance for all of his employees to be engaged in work on the project under this Contract, and, in case any such work is sublet, the Contractor shall require the Subcontractor similarly to provide Workmen’s Compensation, Disability and Employer’s Liability Insurance for all of the latter’s employees to be engaged in such work.

Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers’ Compensation Law. State Workers’ Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law.

Location of operation shall be “All locations in Westchester County, New York.”

https://www.osc.ny.gov/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire/

NOTE: Other generally recognized forms/certificates may be substituted for the above at the sole discretion of the Village.

(Where an applicant claims to not be required to carry either a Worker’s Compensation Policy or

Disability Benefits’ Policy, or both, a temporary permit may be issued if the employer completes form

WC/DB-100 or, if applicable, form WC/DB-101. PLEASE NOTE THESE FORMS REPLACE FORM C-105.21.

THE APPROPRIATE REPLACEMENT FORM MUST BE NOTARIZED PRIOR TO BEING SUBMITTED TO THE

WORKER’S COMPENSATION BOARD, INFORMATION UNIT FOR INVESTIGATION AND REPORT).

If the employer is self-insured for Worker’s Compensation, he should present a certificate from the New

York State Worker’s Compensation Board evidencing that fact.

Upon the failure of the contractor to furnish, deliver and maintain such insurance as the above provided, this contract may, at the election of the Village, be forthwith declared suspended, discontinued, or terminated.

Failure of the contractor to take out and maintain any required insurance shall not relieve the contractor from any liability under the contract, nor shall this insurance requirement be construed to conflict with obligations of the contractor concerning incompletion. All required insurance must be in effect and continued during the life of the contract.

The contractor's policy [and certificate of insurance provided to the Village] shall include:

General Liability / Auto Liability / Umbrella Liability

1. The Village of Mamaroneck shall be named as an additional insured and Waiver of Subrogation on each of the above policies

2. The winning bidders Insurance is primary & non-contributory to any insurance the Village may or may not have.

3. Insurers must have AM Best Rating of A- IX and above.

4. Insurers must be an admitted company in the state of New York.

5. An endorsement that the insurance company will give at least ten days’ written notice to the

Village of Mamaroneck prior to modification or cancellation of any such policy.

6. The winning bidder’s General Liability Insurance must not contain an Action Over [A/K/A Third

Party Action Over] or any similar exclusion on their General Liability insurance.

Workers’ Compensation

1. Limits: equal to or above the NY Statutory required limits:

Coverage must include:

• The Village of Mamaroneck shall be included in a Waiver of Subrogation Endorsements

Proper certificates of insurance and/or binders will be accepted, provided they contain the above-listed requirements.

All required insurance must be in effect and continued during the life of the contract, at the contractor's expense, and is subject to the approval of the Village Attorney as to adequacy, form, and correctness.

NO PAYMENT WILL BE MADE TO THE CONTRACTOR UNTIL THE SUBMISSION AND APPROVAL OF THE

INSURANCE CERTIFICATES.

RISKS AND INDEMNIFICATIONS ASSUMED BY THE CONTRACTOR:

The contractor shall be the insurer of the Village, its officers, agents and employees, against the following distinct and several risks, whether they arise from acts or omissions of the contractor, of the Village, or of third persons, excepting only risks which result solely from affirmative, willful acts of the Village subsequent to the acceptance of the proposal:

1. The risk of loss or damage to the work prior to final payment. In the event of such loss or damage, the contractor shall forthwith repair, replace, and make good the work without cost to the Village.

2. The risks of injuries or damages, direct or consequential, to the Village, its officers, agents and employees, and to its or their property, arising out of or in connection with the performance of the work, whether sustained before or after final payment. The contractor shall indemnify the Village, its officers, agents, and employees for all such injuries and damages and for all loss suffered by reason thereof.

3. The risk of claims and demands, just or unjust, by third persons against the Village, its officers, agents and employees, arising or alleged to arise out of the performance of the work as well as for the use of patents, patented articles, equipment or process, or a combination of any and all of the aforesaid, whether made before or after final payment. The present undertaking of the contractor shall be construed to extend to and to include claims and demands made or threatened to be made by third person against the Village, or any of its employees or agents. The contractor shall indemnify the Village, its officers, agents and employees, against and from all such claims and demands and for all loss and expense incurred by it and them in the defense, settlement, or satisfaction thereof. Neither the acceptance of the completed work nor payment therefore shall release the contractor from his obligation under the Schedule, provided, however, that the risks and indemnifications assumed by the contractor shall not insure directly or indirectly to the benefit of any insurer under policies of insurance issued in compliance with this contract.

viii. ADDITIONAL INSURANCE REQUIREMENTS

The following Indemnification Agreement shall be and is hereby a provision of the contract and shall be endorsed on the reverse sides of all Certificates of Insurance.

"The contractor agrees to protect, defend, indemnify and hold the Village of Mamaroneck, its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees, or other expenses or liabilities of every kind and character arising out of or relating to causes of action of every kind and character in connection with or directly or indirectly out of this agreement and/or the performance thereof. Without limiting the generality of the foregoing, any and all such claims, etc., relating to personal injury, death, damage to property, defects in materials and workmanship, actual or alleged infringements of any patent, trademark or copyright (or application for any thereof) or of any other tangible or intangible personal property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decree of any court shall be included in the indemnity hereunder. The contractor further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc., at his sole expense and agrees to bear all other costs and expenses thereto, even if it (claim, etc.) is groundless, false, and fraudulent. In any case in which such indemnification would violate Section 5-322.1 of the New York General

Obligations Law, or any other applicable legal prohibition, the foregoing provisions concerning indemnification shall not be construed to indemnify the owner for damage arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the owner or its employees.

SCHEDULE A

REQUIRED INFORMATION:

A. Proposer’s Name

B. Proposer’s Address

C. Proposer’s Telephone Number

D. Proposer’s Fax Number

E. Proposer’s Federal ID Number

F. Proposer’s State of Incorporation/Organization/Filing

G. Proposer’s Contact Person’s Name and Title

H. Proposer’s Contact Person’s Telephone

I. Proposer’s Contact Person’s Email Address

J. The year the proposer was founded.

K. Total number of employees employed by the proposer.

L. The proposers New York State MWBE/SDVOB status.

M. Provide a list of client references, from within the past three (3) years, for services of similar size and nature as those solicited by this RFP. These references will preferably, if possible, be government or other public entities, and preferably located within New York State. Preferably, at least three (3) references will be provided. Include the organization’s name, addresses, and telephone numbers; the name and title of the organization’s representative/contact; and the nature of the services provided by the proposer.

N. Provide a narrative outlining your firm’s understanding of the project, proposed work plan and approach, and a proposed schedule for the work that aligns with the requirements of this RFP.

O. Resumes of key personnel, including identifying the individual who will serve as the primary points of contact for the Village on a routine basis.

P. A list of all entities to whom the proposer is proposing to subcontract any portion(s) of the work solicited by this RFP, and their New York State MWBE/SDVOB status.

SCHEDULE B

PLEASE NOTE: Pricing shall be all-inclusive, including, but not limited to, all anticipated time, labor, materials, and expenses of any type or nature (e.g., travel to/from Mamaroneck, New York, etc.) as may be required by the proposer to complete each task identified below (no reimbursements for expenses are permitted).

To reduce the cost to the Village, all work to complete deliverables as outlined in this RFP, including meetings with stakeholders, shall be conducted “virtually” via a web-based platform whenever practical.

Periodic onsite meetings are a requirement and must be included in all proposals.

The Village is tax exempt, and the consultant may not charge the Village any tax.

There shall be no additional charges beyond the agreed upon fees, to be paid in monthly or quarterly installments, upon approval of the Village Manager.

The Village reserves the right to proceed with all Tasks as outlined in this RFP, select Tasks only, or no

Tasks, and may require the selected Proposer to coordinate their work with other consultants.

TASK Price ($)

Project initiation meeting

Site reconnaissance

Collection of topographic and bathymetric survey

Subsurface investigations (geotechnical borings)

Engineering analysis to determine sanitary pump station capacity

Conceptual engineering design

Engineer’s opinion of cost

Identification of federal, state, and local regulatory permitting needs

Engineering design report

TOTAL (Not to Exceed)

The successful Proposer is also required to provide hourly rates by job title for any additional work that may be required by the Village.

It is a requirement that pricing be provided in this format and that internal job titles be reconciled with the job titles below, and that most closely resemble the work the individual in that job title will perform.

Job Title Description Hourly Rate (Virtual)

Hourly Rate (In-Person)

Principal This is the executive who will manage the agreement with the Village, address issues related to billing and consultant performance raised by the Village and ensuring that the expectations of the Village are met, among other executive level tasks. It is anticipated the involvement of a Principal would be limited with respect to work performed.

Project Manager This is the primary and routine point of contact for the Village for all services to be provided by the consultant and will directly supervise the consultant’s project team.

Administrative Aide This is a clerical position that provides administrative support and performs non-technical support tasks for the project team.

Senior Planner This is an experienced (>10 years) and skilled consultant with advanced education (i.e.

Graduate Degree) in planning and land use, and extensive experience with SEQRA/NEPA.

Junior Planner This is a less experienced (<10 years) and skilled consultant with education (i.e.

Undergraduate Degree) in planning/land use.

Senior Engineer This is an experienced (10+ years) and skilled

Graduate Degree) in civil engineering, and extensive experience in stormwater management, sewer and/or bridge design.

Junior Engineer This is a less experienced (<10 years) and

Undergraduate Degree) in engineering.

Senior Analyst/Scientist This is an experienced (10+ years) and skilled

Graduate Degree) in environmental sciences or related field, and extensive experience in wetlands and environmental permitting.

Junior Analyst/Scientist This is a less experienced (<10 years) and

Undergraduate Degree) in environmental sciences or a related field.

Senior GIS Technician This is an experienced (10+ years) and skilled

Graduate or Undergraduate Degree) in Geographic Information Systems, including ArcGIS Online products and services.

Junior GIS Technician This is a less experienced (<10 years) and skilled consultant with training (i.e.

certifications) in Geographic Information Systems, including ArcGIS Online products and services.

Senior CAD Technician This is an experienced (10+ years) and skilled

Graduate or Undergraduate Degree) in Computer Aided Design.

Junior CAD Technician This is a less experienced (<10 years) and skilled consultant with training (i.e.

certifications) in Computer Aided Design.

SCHEDULE C

Sample Consulting Agreement

THIS CONSULTING AGREEMENT ("Agreement") is made and entered into as of the date of the last signature below ("Effective Date"), by and between the

VILLAGE OF MAMARONECK, a municipal corporation of the State of New York, having offices at 123 Mamaroneck Avenue, Mamaroneck, New York 10543 ("Village"), and

CONSULTANT the ("Consultant") (collectively referred to herein as the "Parties").

WITNESSETH:

WHEREAS, the Village wishes to retain the Consultant to provide planning, engineering, design and capital project and post-award grant management services for the Village, and the Consultant is willing to provide the services outlined herein subject to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the following mutual covenants and conditions, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged by the Parties, the Parties agree as follows:

1. Services.

a. Scope of Work.

Consultant will provide the services as described in the attached proposal during the term of this Agreement, with work assigned to the consultant via a Task Order.

2. Term.

The term of this Agreement shall be for one (1) year from the Effective Date, unless terminated earlier as provided in this Agreement. This Agreement may be extended for additional years upon mutual consent of the Parties in writing.

3. Termination.

a. Village Termination.

The Village may terminate this Agreement immediately if the Consultant commits a breach of any of the material obligations hereunder or if the Consultant fails to satisfactorily perform the services as detailed in the proposal attached to this Agreement, or for any reason or no reason, without penalty, with a written notice of ten (10) business days.

b. Consultant Termination.

The Consultant may terminate this Agreement for any reason or no reason, without penalty, upon three (3) months advance written notice to the Village.

4. Compliance With All Laws.

The Consultant will perform the Services using that degree of skill and care ordinarily exercised under similar conditions by reputable members of the profession practicing in the same or similar locality at the time of performance, and in accordance with all applicable local, state, and federal laws applicable to those services, including the Village of Mamaroneck Ethics Code. In particular, the Consultant represents that it is familiar with the prohibition against the acceptance of any gift by a Village officer or Designated Person set forth in Section 21-4(D) of the Code of the Village of Mamaroneck. The Consultant agrees not to offer any Village officer or Designated Person any gift prohibited by said Code Section. Making a prohibited offer or gift is a material breach of this Agreement by the Consultant and, in addition to any other remedies the Village may have in law or equity, is cause, in itself, for the Village to terminate this Agreement. The Consultant must secure and maintain, at its own cost, any applicable approvals, permits, and licenses necessary to perform the services required by the Scope of Services under this Agreement.

5. Compensation and Invoicing

a. For the for satisfactory performance of services under this Agreement, the Village shall pay the Consultant as described in the attached proposal.

c. Invoices shall be submitted by the Consultant to the Village on a monthly basis and shall be due and payable thirty (30) days from receipt by the Village.

d. No payment for changed or additional services shall be made unless the changed or additional services have first been approved in writing by the Village Manager.

6. Independent Contractor/No Agent

a. The relationship of the Consultant to the Village is and shall be at all times during this Agreement that of an independent contractor. As such, Consultant shall not be entitled to any rights or benefits applicable to the Village employees including, without limitation, vacation, sick, or administrative days; medical or dental benefits; life insurance or benefits; or pension benefits. The Consultant understands and agrees that because it is an independent contractor, the Village will not make any deductions from payment hereunder on account of federal or state income tax, social security, disability or unemployment insurance, or the like. The Consultant is solely responsible for payment of all governmental obligations arising in connection with this Agreement.

b. None of the Parties to this Agreement, nor any of their respective employees or independent contractors, are authorized or empowered to act as agent for any other party for any purpose and shall not on behalf of any other enter into any contract, warranty, or representation as to any matter, except as specifically allowed herein and limited to the narrowest construction thereof. No party shall be bound by the acts or conduct of another party. The Consultant covenants that it will not at any time represent itself, either directly or by implication, as an agent of the Village or as having authority to bind the Village.

7. Records.

All deliverables, memoranda, reports, drawings, photographs, blueprints, diagrams, designs, text, graphics, print-outs, plans, etc., or other copyrightable material and other intellectual property first conceived, compiled, organized, created, improved, or reduced to practice by the

Consultant as a result of its performance of this Agreement shall be the sole and exclusive property of the Village, without royalty or payment obligation of any kind.

8. No Interest.

The Consultant represents that it has no interest and will not acquire any interest, direct or indirect, that would conflict with the performance of the services to be rendered under this Agreement.

9. No Assignment.

The Consultant shall not transfer or assign any of her rights, interests or obligations under this

Agreement or subcontract any of the services to be performed by her under this Agreement, without written approval from the Village.

10. Insurance.

The Consultant, at her own cost and expense, shall secure and maintain at all times during this

Agreement as specified in the Request for Proposals and as required by the grant program.

11. Indemnification/ Hold Harmless.

To the fullest extent permitted by law, the Consultant shall defend, indemnify, and hold harmless the Village and each of their officers, officials, employees, and agents, from and against any and all claims, demands, suits, liability, damages, settlements, judgments, liens, fees, costs, and expenses of whatever kind (including reasonable attorneys' fees and disbursements) allegedly arising out of, resulting from or caused by the Consultant's acts, errors, omissions or willful misconduct in the performance of this Agreement or failure to comply with any of the provisions of this Agreement or the law.

Such costs and expenses shall include all those incurred in defending any underlying claim and those incurred in connection with the enforcement of this provision by way of cross-claim, third-party claim, declaratory action or otherwise. This provision shall survive the expiration or termination of this Agreement. In no event shall either Party to this Agreement be liable for any lost profits or revenue; loss of use or opportunity; loss of good will; costs of substitute facilities;

cost of capital; or for any special, consequential, indirect, or punitive damages.

12. Non-Discrimination.

The Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin in connection with or related to the performance of this Agreement.

13. No Damages.

The Consultant agrees to make no claim for damages for delay in the performance of this

Agreement occasioned by any act or omission to act of the Village or any of their officials, employees, agents or contractors, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the services.

14. No Waiver.

The failure of either party to enforce any of their rights hereunder or at law shall not be deemed a waiver or a continuing waiver of any of rights or remedies against the other party, unless such waiver is in writing

15. Governing Law.

This Agreement shall be construed and enforced in accordance with the laws of the State of New York without regard to conflict of law principles. All claims, actions, proceedings, and lawsuits brought in connection with, arising out of, related to or seeking enforcement of this Agreement shall be brought in the State of New York, County of Westchester.

16. Severability.

If any provision, or part thereof, of this Agreement is judicially declared invalid, void or unenforceable, each and every other provision, or part thereof, nevertheless shall continue in full force and effect, and the unenforceable provision shall be changed or interpreted so as best to accomplish the objectives and the intent of such provision within the limits of applicable law.

17. Recitals.

The above recitals are incorporated by reference into this Agreement to the same extent and with the same force and effect as if fully set forth herein.

18. Entire Agreement.

This Agreement constitutes the entire agreement of the parties as to the subject hereof and may not be modified or changed except in a writing signed by both the Village and the Consultant.

19. Counterparts.

This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. For purposes of this

Agreement, a facsimile or electronic copy of a party's signature shall be deemed an original and sufficient to bind such party.

20. Grant Funded Work.

Mandatory terms and conditions pursuant to an agreement between the granting agency and the Village may apply to work performed by the Consultant. Any such mandatory terms and conditions that may apply shall be identified and incorporated by reference to this agreement on a Task-by-Task basis.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duty authorized representatives.

Village Manager Dated:

-------- Dated:

CDBG-DR IDA Subrecipient Agreement

SCHEDULE D

NEW YORK STATE

COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT

IDA PROGRAM

SUBRECIPIENT AGREEMENT

[SUBRECIPIENT Name]

Hurricane Ida Resilient Investments through Support and Capital

Project No. [__________]

AGREEMENT, made effective as of the [__]th day of [_________], 202_ (“Effective Date”), between the Housing Trust Fund Corporation (“HTFC”), through the Office of Resilient Homes and

Communities (“RHC” and, together with HTFC, the "Corporation"), with offices at 38-40 State Street, Hampton Plaza, 4th Floor, Albany, New York, 12207, and [SUBRECIPIENT NAME] ("Subrecipient"), a non-profit corporation with offices at [SUBRECIPIENT ADDRESS].

WHEREAS, the United States Department of Housing and Urban Development (“HUD”) has allocated

Community Development Block Grant Disaster Recovery (“CDBG-DR”) funding to the State of New York to support long-term recovery efforts in response to Hurricane Ida (FEMA DR-4615), through the publication of the Federal Register, Vol.87, No. 100, May 24, 2022, as may be amended, (“87 Fed. Reg.

31,636”), and Federal Register, Vol. 88, No. 11, January 18, 2023, as may be amended, (“88 Fed. Reg.

3,198" collectively with 87 Fed. Reg. 31,636 the “Federal Register”); and

WHEREAS, this allocation was made available through the Disaster Relief Supplemental

Appropriations Act, 2022 (Pub. L.117-43) approved September 30, 2021 (the Appropriations Act) and the

Continuing Appropriations Act, 2023 (Pub. L. 117-180) approved September 30, 2022 (the “2023

Appropriations Act); for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure, and housing and economic revitalization in the most impacted and distressed areas resulting from a qualifying major disaster in 2020 or 2021 (Pub. L. 117-43), and 2021 and 2022 (Pub. L.

117-180) , subject to the Federal statutes and regulations governing CDBG grants, as modified by exceptions and waivers previously granted and which may hereafter be granted by HUD; and

WHEREAS, pursuant to the CDBG-DR Grant Program and 87 Fed. Reg. 31,636, New York State (“the

State”) has received an allocation of CDBG-DR funds from HUD in the amount of $41,262,000; and

WHEREAS, pursuant to the CDBG-DR Grant Program and 88 Fed. Reg. 3,198, the State has received a second allocation of CDBG-DR funds from HUD in the amount of $26,966,000; and

WHEREAS, the State has established the Resilient Investments through Support and Capital (“the

Program”) to provide grant funding to provide certain pre-development and planning services in support of the State of New York’s recovery efforts following Hurricane Ida.;

WHEREAS, HUD allows CDBG-DR funds to be utilized to assist eligible applicants (as defined below) in recovery if such project(s) are directly impacted by the Hurricane Ida o Storm, meets a national objective, and is otherwise an eligible activity under HUD's CDBG-DR program; and

WHEREAS, eligible applicants are units of local/county government; state agencies and authorities;

soil and water conservation districts; public schools (K-12) and universities; first responders, including volunteer fire and EMS districts; and not-for-profit entities eligible to receive federal funds and capable of completing work in one or more eligible counties (Dutchess, Nassau, Orange, Rockland, Suffolk, and

Westchester Counties); and

WHEREAS, Subrecipient has applied to the Corporation for CDBG-DR funds to finance an eligible project, as described in Subrecipient's CDBG-DR grant application (the “Project”); and

WHEREAS, the Corporation has selected Subrecipient to implement the eligible CDBG-DR activities described herein;

NOW, THEREFORE, the Corporation and the Subrecipient (“the Parties”) agree that the Grant

Funds (as defined below) will be administered in accordance with the following terms and conditions:

Contents of Agreement The following documents are incorporated by reference into this Agreement as if fully set out herein:

(a) the Sub-recipient's approved Application and accompanying submissions, as modified by the terms of this Agreement or any subsequent amendment approved by the Corporation; (b) the

Corporation's Hurricane Ida Program Policies and Procedures and its Program Guidelines (as now in effect and as may be revised from time to time); (c) applicable Federal and State law and regulations, as may be amended, including, but not limited to, Department of Housing and Urban Development

("HUD") regulations found at 24 CFR Part 570; (d) Schedule A “Scope of Work”; Schedule B "Awarded

Budget”; Schedule C “Special Conditions”; Schedule D "Period of Affordability"; Schedule E “Federal

Award Information”; and Appendix I “Equal Opportunity Requirements”, attached hereto.

The Subrecipient shall…

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