https://sleepyhollow.localarchives.org/files/original/40399e69d6e879b1f6cba92b35dc84a9.pdf f6e7b14b332c542ba98ad555d6a3d6ba PDF Text Text Meeting Date: 03/09/2021 Resolution #: 03/24/2021 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Mayor to sign IMA with the Villages of Elmsford, Hastings, Dobbs Ferry, Ardsley, Irvington and Tarrytown for PotHole Killer Machine Be it Resolved, that the Board of Trustees of the Village of Sleepy Hollow hereby authorizes the Mayor to execute an Inter-Municipal Agreement with the villages of Elmsford, Hastings, Dobbs Ferry, Ardsley, Irvington and Tarrytown to lease a Pot Hole Killer Machine from Patch Management Inc. at a cost for 2 days at $3,920.00 for an 8 hour day and $245.00 per additional hour, or $1,960 per additional day. Moved: Trustee Scaglione Seconded: Deputy Mayor Rosenbloom Absent: Trustees Leavy and Gonzalez Vote: Unanimous �Meeting Date: 03/09/2021 Resolution #: 03/25/2021 Resolution of the Board of Trustees of the Village of Sleepy Hollow Setting Meetings Schedule BE IT RESOLVED that the Mayor and the Board of Trustees of the Village of Sleepy Hollow set the following meetings schedule for March 2021 as follows; March 16th No Meeting March 23th Work Session March 30s1 Board Meeting Moved: Deputy Mayor Rosenbloom Seconded: Trustee Scaglione Vote: Unanimous Absent: Trustees Leavy and Gonzalez �Meeting Date: Resolution #: 03/09/2021 03/26/2021 Resolution of the Mayor and the Board of Trustees of the Village of Sleepy Hollow to Retain Engineer for Ichabod's Bulkhead Repair Project Whereas, The Village Board is desirous of hiring an engineer for the Ichabod's Bulkhead Repair Project; Whereas, McClaren Engineering has submitted a proposal to provide this service; and Whereas, Funds for this project have been allocated in the capital budget Now Therefore Be It Resolved that the Board of Trustees hereby approves the attached proposal from McClaren, Engineering for the Ichabod's Bulkhead Repair Project. Moved: Trustee Gebler Seconded: Trustee Scaglione Absent: Trustees Leavy and Gonzalez Vote: Unanimous �Arts, Entertainment & Exhibits McLaren ENQIMEERINO Ports, Coastal & Waterfront Real Estate Development Public Infrastructure Transportation QROu P Government Healthcare Education Industrial Energy March 5, 2021 Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Attn: Mr. Anthony Giaccio Village Administrator Email: agiacdo@sleepyhollow.org Re: Sleepy Hollow Bulkhead Reconstruction Proposal for Waterfront and Marine Engineering Services Ichabod's Landing, Sleepy Hollow, New York PROPOSAL NO. 210242.00 (REV 00) As requested by the Village of Sleepy Hollow (the Village}, M.G. McLaren Engineering and Land Surveying, P.C. (McLaren) is pleased to submit this proposal for professional Waterfront and Marine Engineering Services to assist with the proposed reconstruction of the existing bulkhead along the Hudson River located at Ichabod's Landing in Sleepy Hollow, New York. The Village has identified the need to reconstruct the existing approximately 315 feet long steel sheet pile bulkhead along the southwest side of the project site to stabilize the adjacent upland area and waterfront promenade. McLaren will provide professional engineering services to include the preparation of Preliminary Design Documents, Environmental Permitting Applications, development of Construction Documents, and Construction Administration services for the proposed waterfront improvements at the project site. The services outlined below are based upon previous and recent correspondence between representatives of the Village and McLaren, as well as previous inspections, reporting, cost estimating, and engineering recommendations regarding this project site. SCOPE OF WORK The scope of work for this proposal is based upon recent correspondence between representatives of the Village and McLaren regarding this project as well as previous inspections, reporting, and engineering services performed by McLaren for the project site. The services to be provided by McLaren will include the preparation of preliminary design documents, environmental permitting support, development of construction documents, and construction administration services for the reconstruction of approximately 315 linear feet of deteriorated steel sheet pile bulkhead along the Hudson River. It is anticipated that the proposed reconstruction will likely consists of the installation of a new steel sheet pile bulkhead or replacement of the existing steel sheet pile bulkhead with a new rip rap revetment. Please note that this proposal only includes the services described above. Typically, a geotechnical investigation is performed in advance of the permitting process to avoid design changes and to verify cost Offices: New York, New Jersey, Maryland, Florida, Connecticut, California, Georgia, Pennsylvania Licensed in: Alabama-Alaska-Arizona*Arkaflsas*Catifornla'Colorado«Corinectlcut. Delaware- D strict of Columbia- Florida- Georgia- Hawaii- Idaho- Illinois Indiana-Iowa- Kansas* Kentucky. Louisiana. Maine-Maryland •Massachusetts-Mkhigan-Mlnnesota • Mississippi.M Issouri- Montana-Nebraska Nevada-NewHampshire-New Jersey-New Mexico-New York-North Carolina-Ohio-Oklahoma-Oregon-Pennsyivanla-Puerto Rico-Rhode Island So.Carolina-So.Dakota-Tennessee-Texas-TrinJdad & Tobago-Utah- I SVI* Vermont- Virginia- Washington- West Vlrgii-la- Wisconsin- Wyoming M.G. McLaren Engineering and Land Surveying, P.C. 530 Chestnut Ridge Road Wooddiff Lake, NJ 07677 Phone (201) 775-6000 e-mail: ITIgmclaren@mgmclaren.com On the Web: www.mgmclaren.com �Sleepy Hollow Bulkhead Reconstruction McLaren File No. 210242.00 (Rev. 00) Page 2 March 5, 2021 implications of the subsurface conditions at the project site. Additionally, McLaren recommends a current (last 3 years) hydrographic survey and topographic survey at the proposed improvement locations be completed for use during the design and permitting of the planned waterfront structures. McLaren can provide a proposal to assist with the development of the geotechnical investigations and field oversight as well as the performance of recommended surveys if needed. Allowances for these items have been provided below with the Project Fee for reference. PHASE 1 - PRELIMINARY DESIGN DOCUMENTS At the start of this Phase, McLaren will work closely with the Village to prepare preliminary design documents (Basis of Design and 30% Design Development drawings) for the proposed reconstruction of the existing deteriorated bulkhead. McLaren will provide two (2) reconstruction alternative recommendations within these design documents. The reconstruction alternatives will consist of full replacement of the existing bulkhead with similar construction based on our previous inspection findings and observations. McLaren assumes the repair design will only include alternates using new cantilevered steel sheet pile, new anchored steel sheet pile, new rip rap shoreline stabilization or combinations of these systems. A rough order of magnitude (ROM) cost estimate will be included for each recommended repair alternative. These designs will consider the current and proposed conditions along the waterfront, as well as the ease of permitting the new waterfront construction. The preliminary design will also consider the existing adjacent and upland structures, conditions at the site, construction cost, constructability, and anticipated permitting process. The first document submission during this phase will include the Preliminary Basis of Design (Design Criteria) indicating the loading, usage, and conditions that the proposed improvements will be designed to accommodate. McLaren will also attend up to two (2) meetings with the Village and coordinate as necessary with the applicable Stakeholders to review the preliminary design for the proposed waterfront improvements. This level of design documents can also be used for submission with the Joint Permit Application to the environmental permitting agencies with jurisdiction over this scope of work. Deliverables - Basis of Design and 30% Preliminary Design Documents PHASE 2 - ENVIRONMENTAL PERMITTING After the proposed reconstruction design has been identified, McLaren shall commence with the prepermitting tasks. Early coordination with the regulatory agencies is essential for a timely regulatory review and permit issuance. McLaren will begin this phase by contacting the agencies regarding the previously issued permits and currently active permits for the project site. This effort will determine the necessary approach to obtaining USACE, NYS DEC, and other applicable agency approvals for the currently proposed shoreline improvements. After completing this early coordination, McLaren will develop the necessary permit application and modification documents based on the currently proposed reconstruction and previously prepared permit applications for this project site. These documents will include a concise project narrative, location maps and site drawings. McLaren will present this information through correspondence with the regulatory agencies prior to submission of the permit application to ensure an efficient review and approval for the proposed work. McLaren will modify the existing, active permits as necessary for the new scope of work. MCLaren M.S. McLaren Engineering and Land Surveying, P.C. �Sleepy Hollow Bulkhead Reconstruction McLaren File No. 210242.00 (Rev. 00) Page 3 March 5, 2021 McLaren has extensive experience in waterfront permitting and coordination with the environmental regulatory agencies. To comply with Federal, State and Local environmental regulations, a USACE/NYS DEC Joint Permit Application Package will be prepared to include the following: • Permit application forms including: USACE/NYS DEC Joint Permit Application form, Short Environmental Assessment form, NYS DOS Coastal Consistency form; • Project Narrative to include description of the site, proposed work, potential adverse effects, and construction requirements; • Location maps, charts, and aerial photos; • Permit drawings depicting the existing site and proposed site. The drawings will include schematic details of the work to be performed and site plans depicting footprints for any proposed changes to the marina; • NOAA Fisheries EFH Assessment Worksheet for Federal Agencies (if necessary). McLaren will develop the permit application package as a Final Draft for review by the Village prior to agency submission. McLaren will also serve as technical support for the administration of the permitting process in the event the regulatory agencies request additional information. McLaren includes a total of twenty-four (24) hours for up to two (2) responses to such requests to assist in approval in a timely and advantageous fashion. Where possible, McLaren will combine comments received simultaneously by different agencies into a single response addressing all concerns in an effort to expedite this process. Additional responses will be billed at the hourly rates listed below. Deliverables - foint Permit Application Package PHASE 3 - CONSTRUCTION DOCUMENTS During this Phase, McLaren will advance the Preliminary Design Documents and develop the Construction Documents for the proposed bulkhead reconstruction. McLaren will provide two (2) document submissions to the Village, which will include 75 percent Construction Documents and 100 percent Final Issued for Construction Documents. At each submission we will include Drawings, General and Technical Specifications, and rough order of magnitude (ROM) cost estimates. McLaren has also included time to respond to comments and perform coordination with the Village following each formal document submission. Before starting the development of the 75 percent Construction Documents, McLaren will also issue a Final Basis of Design for the proposed reconstruction. This document will identify the standards and loading conditions (upland construction, surcharge loading, environmental loading, etc.) that the proposed bulkhead will be designed to accommodate. At a minimum, the 75 percent Construction Documents will include plans, cross-sections, and details presented in order to provide a general definition of the proposed waterfront improvement design. A set of General and Technical Specification will be provided with this submission. The 75 percent set of documents will be submitted to the Village for one (1} round of review and comment. Upon receipt of comments on the 75 percent Construction Documents, we will develop and advance the drawings and documents to 100 percent Final Construction Documents. This set of drawings will be the considered the Issued for Construction Documents. A final set of General and Technical Specifications will be provided with this submission. The drawings will be signed and sealed by a Professional Engineer licensed in the State of New York. McLaren M.S. McLaren Engineering and Land Surveying, P.C. �Sleepy Hollow Bulkhead Reconstruction McLaren File No. 210242.00 (Rev. 00) Page 4 March 5, 2021 McLaren will also attend up to four (4) meetings with the Village and coordinate as necessary with the Design Team to review the construction documents for the proposed waterfront improvements. Deliverables - Basis of Design, 75%, and 100% Final Issued for Construction Design Documents PHASE 4 - CONSTRUCTION ADMINISTRATION Bid Support Services McLaren will provide the following limited scope of bid support services during the bid phase of the project as listed below: 1. Preparation of a bid sheet for the proposed waterfront improvements to be filled out by prospective marine contractor* and their subcontractors. 2. Attendance at one (1} pre-bid site walkthrough with interested marine contractors. 3. Assistance in Responding to Bidder's Questions. 4. Compiling and comparing of bids received from prospective marine contractors and their subcontractors. 5. Additional in-depth review of the lowest three (3) bidders to determine the most qualified marine contractor, including: • Review of marine specific project history to assess qualifications and experience; • Correspondence with references on past projects performed by the lowest, qualified bidder to ensure satisfactory performance. Construction Support Services During the construction of the waterfront improvements, McLaren will provide the following basic services: 1. Construction field visits to observe the Contractor's progress, quality and overall performance of the work to evaluate general compliance with contract documents. W e include a maximum of five (5) site visits, one (1) kick-off meeting before construction starts and four (4) site visits during construction. 2. Review of Contractor's detailed shop drawings, for approval. Scope of work includes initial submittal and review of one (1) re-submittal (assumes 12 submittals maximum), which incorporates our comments. Additional reviews will be performed as additional services at hourly rates defined below. Note that shop drawings are prepared by the Contractor as instruments to sequence their work and to facilitate fabrication. Their approval by the Engineer is not to be construed as a waiver of construction contract requirements or responsibilities unless the Contractor has been granted a deviation from the contract documents in writing. 3. Correspondence during construction, as necessary to clarify or interpret the design intent to the Contractor, in response to Contractor's written requests for information. Any and all RFI's related to drawings prepared by McLaren must be transmitted to our office for response. The Owner, Architect, or others cannot modify or issue written interpretations of our work. McLaren • ^ S H S M I M.S. McLaren Engineering and Land Surveying, P.C. �Sleepy Hollow Bulkhead Reconstruction McLaren File No. 210242.00 (Rev. 00) Page 5 March 5r2021 PROJECT FEE The lump sum fees, to be billed monthly by percent complete per phase unless otherwise noted, for the scope of engineering services described above shall be as follows: Phase 1 Phase 2 Phase 3 Phase 4 - Preliminary Design Documents Environmental Permitting Construction Documents Construction Administration Total Fee $ $ $ $ 12,000 19,000 43,000 24.000 98.000 $ $ $ $ 5,500 7,500 18,000 7,000 38.000 $ ALLOWANCES Geotechnical Subsurface Investigation: Supervision of Field Investigation (Assumes 5 Days for Borings) Mobilization and Permitting (Assumes 1 Mobilization) Perform Land Borings (Up to 3 Total) and Disposal of Cuttings Preparation of Boring Logs and Geotechnical Design Recommendations Geotechnical Allowance Topographic and Hydrographic Survey: Topographic Survey (NAD83 and NAVD88) Hydrographic Survey (NAD83 and NAVD88) $ 6,000 $ 8,000 $ $ 14.000 Survey Allowance EXPENSES McLaren anticipates reimbursable expenses for items necessary to perform the services identified in the Phases above. The following expenses shall be reimbursed at 1.1 times our cost: 1. Reproduction, mailing and courier costs; 2. Travel costs for meetings and site visits; 3. Permit fees for filing, if required. Total Anticipated Expenses $ 2.400 EXCLUSIONS Changes in the scope defined above are specifically excluded from the lump-sum and/or hourly rates provided with this proposal. Additional exclusions include: 1. 2. 3. 4. 5. 6. Environmental studies, testing, abatement. Landscape, lighting or Mechanical, Electrical, Plumbing design. Controlled and Special Inspections during construction. Metes and Bounds and/or Boundary Survey Preparation or Stakeout. Substantial revisions due to changes in scope or Redesign due to unforeseen field conditions. Written (narrative) description of changes to drawings, specifications, etc. when issuing drawing revisions. 7. Meetings or site visits other than those specified in the scope above. 8. Preparing project construction general conditions and commercial terms for contractor. 9. Engineering services related to the procurement of a soil boring contractor, field supervision/oversight of a soil boring contractor or the development of geotechnical reports or technical documents other than those listed above. 10. Providing a contract agreement or contract bid book. McLaren M.G. McLaren Engineering and Land Surveying, P.C. �Sleepy Hollow Bulkhead Reconstruction McLaren File No. 210242.00 (Rev. 00) Page 6 March 5 r 2021 HOURLY RATES Hourly rates defined herein are subject to revision annually April 1s'. CEO/President Sr. Vice President Vice President Technical Director Principal Lead Tech. Specialist Senior Associate Associate Tech. Spec/Sr. Engineer Project Manager Project Engineer $295/hr $275/hr $250/hr $225/hr $215/hr $195/hr $ 185/hr $175/hr $155/hr $155/hr $130/hr Staff Engineer Engineer l/ll CAD/BIM Director CAD/BIM Mgr Sr. CAD/BIM Tech. Proj. CAD/BIM Tech. CAD/BIM Tech Proj Tech Designer Staff Tech Designer Technical Designer Project Coordinator $ 115/hr Project Administrator $105/hr Intern $150/hr Principal Surveyor $140/hr Lead Survey Tech Specialist $125/hr Associ ate S u rveyor $100/hr Senior Surveyor $ 75/hr Survey Crew Chief $130/hr Survey Technician $ 115/hr Dive Supervisor/PE Diver $105/hr Technician Diver $ 90/hr Dive Tender $ 80/hr $ 65/hr $195/hr $175/hr $ 15 0/h r $125/hr $105/hr $ 90/hr $185/hr $165/hr $140/hr This proposal is subject to the terms and conditions which follow and shall remain valid only until April 5, 2021 unless it is accepted as a contract. Please do not hesitate to contact our office with any questions regarding this proposal. Should you find this proposal acceptable, kindly indicate which phases you would like to authorize to begin and sign and return one copy to serve as our contract. Work shall commence only upon receipt of a signed contract. Very truly yours, The Office of M.G. McLaren Engineering and Land Surveying, P.C. Stephen A. Famularo, P.E., D.PE Vice President, Marine SAF/DVD/klc cc: MGM, JDB, DFB, WJM, GBK - Internal ACCEPTED: For Village o^Sfeepy Hollow A W r K - ^ m o r L Title 2 Date x i ^hoposjIsU'ropilO^ 10242\Pro|j01-Rfv00 2 [0242.00 ilcepy Hollow BulkliojH Rprunstrik tbn 12021-OJ-CjJ.dkir\ McLaren M.G. McLaren Engineering and Land Surveying, P.C. �Sleepy Hollow Bulkhead Reconstruction McLaren File No. 210242.00 (Rev. 00) Page 7 March 5, 2021 TERMS AND CONDITIONS SERVICES TO BE PROVIDED. M.G. McLaren Engineering (McLaren) And Land Surveying, P.C., through and by its officers, employees, and subcontractors, (hereinafter McLaren) is an independent consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in our proposal. No third party beneficiaries are intended by this agreement. PAYMENT TERMS. Client agrees to pay McLaren's invoice upon receipt. If payment is not received within 30 days from the Client's receipt of McLaren's invoice, Client agrees to pay a service charge on the past due amount at the greater of 1 % per month or the allowable legal rate, including reasonable attorney's fees and expenses if collected through an attorney. No deduction shall be made from McLaren's invoice on account of liquidated damages unless expressly included in the Agreement. Client receipt of invoice will be presumed three days after mailing by McLaren first class, with adequate postage attached. Time is of the essence for this provision. Client payment to McLaren shall not depend or be conditioned upon payment by the Owner or others to Client. Client's obligation to pay McLaren for its services shall be independent of payment by the Owner to Client. Because most of the engineer's (McLaren) involvement in the project occurs in the early stages of the project, Client agrees to pay McLaren at a percentage commensurate with the actual amount of work accomplished by other members of the project. If there is a Construction Administration (CA) component to this project. Client further agrees to compensate McLaren appropriately for all work expended on the project regardless of the percentage of work accomplished by the Architect or other team members. TERMINATION. Either party may terminate this Agreement without cause upon 30 days prior written notice. This Agreement will terminate automatically upon the insolvency of Client. In the event Client requests termination prior to completion of the proposed services, Client agrees to pay McLaren for all reasonable charges incurred to date and associated with termination of the work, plus a termination fee of 10% of the total fee under this agreement. If the Project is suspended for more than thirty consecutive days, for reasons other than McLaren's fault, McLaren shall be compensated for services performed prior to such suspension. When the project is resumed, our compensation shall be equitably adjusted. If Client abandons the Project because of the Owner's abandonment of the Project for more than ninety consecutive days, McLaren may terminate this Agreement by giving written notice. McLaren shall be compensated for all services performed prior to such abandonment, plus 10% of McLaren total fee under this Agreement, together with reimbursables then due. 4. STANDARD OF CARE. McLaren will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of McLaren's profession practicing in the same or similar locality at the time of service. No other warranty, express or implied, is made or intended by McLaren's proposal or by its oral or written reports. 5. INSURANCE. Both McLaren and Client will affect and maintain insurance to protect themselves from claims arising out of the performance of professional services under this Agreement and caused by any error, omission or negligent act for which we are legally liable. Both McLaren and Client will maintain this insurance in force, if available, after the completion of professional services under this Agreement until the expiration of any applicable statutes of limitation. In the event there is no such statute specifically applicable to design and construction of improvements to real property, this insurance, if available, shall be maintained in force by both parties for a period of six (6) years after the date of substantial completion of the Project as agreed to. Unless otherwise agreed, both parties will effect and maintain insurance to protect ourselves from claims under workers' or workmen's compensation acts; from claims for damages because of bodily injury, including personal injury, sickness, disease, or death of any employees or of any other person; from claims for damages because of injury to or destruction of property including loss of use MCLaren M.S. McLaren Engineering and Land Surveying, P.C. �Sleepy Hollow Bulkhead Reconstruction McLaren File No. 210242.00 (Rev. 00) Page 8 March 5, 2021 resulting there from; and from damage to or destruction of property including valuable papers and records coverage and including loss of use resulting therefrom. The insurance required above shall be as provided below. McLaren and Client will file with each other certificates of insurance for each type and amount prior to commencement of work under this agreement: Professional Liability Insurance (Errors & Omissions), with a limit of $2,000,000 for each claim and $2,000,000 in the aggregate. Comprehensive General Liability - $1,000,000 per occurrence, $2,000,000 Aggregate Bodily Injury and Property Damage; Blanket Contractual All Operations Completed Operations; $1,000,000 Personal Injury A.B.C., plus $5,000,000 Excess Liability Umbrella. Worker's Compensation/Coverage A - Statutory/Coverage B - $1,000,000 6. SITE OPERATIONS. Client will arrange for right-of-entry with safe access to the property for the purpose of performing project management, studies, tests, and evaluations pursuant to the agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the site. McLaren will take reasonable precautions to minimize damage to the property caused by its operations. Unless otherwise stated in McLaren's proposal, the Contract Sum does not include cost of restoration due to any related damage, unless such damage directly results from McLaren's negligent actions. If Client requests McLaren to repair such damage, it will be done at an appropriate additional cost to be paid by Owner. McLaren shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work of the contractor (Work), nor shall McLaren be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. 7. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occurrences may be encountered at the site which could substantially alter the necessary services or the risks involved in completing McLaren's services. If this occurs, McLaren will promptly notify and consult with Client, but will act based on McLaren's sole judgment where risk to McLaren's personnel is involved. Possible actions could include: a. Complete the original Scope of Services in accordance with the procedures originally intended in thrs Agreement, if practicable in McLaren's judgment; b. Agree with Client to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences, with such revision agreed to in writing; c. Terminate the services effective on the date specified by McLaren in writing, DOCUMENTS. McLaren will furnish Client the agreed upon number of written reports and supporting documents. These instruments of service are furnished for Client's exclusive interna! use and reliance, use of Client's counsel and for regulatory submittal in connection with the project provided for in this Agreement, but not for advertising or other type of distribution, and are subject to the following: a. All documents including paper documents and electronic files generated by McLaren under this Agreement shall remain the sole property of McLaren. Any unauthorized use or distribution of McLaren's work shall be at Client's and recipient's sole risk and without liability to McLaren, If Client desires to release, or for McLaren to provide, our documents to a third party not described above for that party's reliance, McLaren will agree to such release provided McLaren receives written acceptance from such third party to be bound by acceptable terms and conditions similar to this Agreement. Documents provided for disclosure of information only will not require separate agreement. Client acknowledges and agrees to inform such third party that McLaren's documents M cfcVi. Laren M.G. McLaren Engineering and Land Surveying, P.C. �Sleepy Hollow Bulkhead Reconstruction McLaren File No. 210242.00 (Rev. 00) Page 9 March 5, 2021 reflect conditions only at the time of the study and may not reflect conditions at a later time. Client further acknowledges that such request creates potential conflict of interest for McLaren and by this request Client waives any such claim if McLaren complies with the request. c. Client agrees that all documents furnished to Client or Client's agents or designees, if not paid for will be returned upon demand and will not be used by Client or any other entity for any purpose whatsoever. Client further agrees that documents produced by McLaren pursuant to this Agreement will not be used for any project not expressly provided for in this Agreement without McLaren's prior written approval. d. Client shall furnish documents or information reasonably within Client's control and deemed necessary by McLaren for proper performance of our services. McLaren may rely upon Clientprovided documents in performing the services required under this Agreement; however, McLaren assumes no responsibility or liability for their accuracy. Client-provided documents will remain the property of Client, but McLaren may retain one confidential file copy as needed to support our report. 9. CLAIMS. The parties agree to attempt to resolve any dispute without resort to litigation, including use of mediation, prior to filing of any suit. However, in the event a claim results in litigation, and the claimant does not prevail at trial, then the claimant shall pay all costs incurred in pursuing and defending the claim, including reasonable attorney's fees. 10. OPINIONS OF COST. If included in our scope of services, McLaren will use its best efforts and experience on similar projects to provide realistic opinions of costs for remediation or construction as appropriate based on reasonably available data, McLaren's designs or McLaren's recommendations. However, such opinions are intended primarily to provide information on the order of magnitude or scale of such costs and are not intended for use in firm budgeting or negotiation. Client understands actual costs of such work depend on regional economics, local construction practices, material availability, site conditions, weather conditions, contractor skills, and many other factors beyond McLaren's control. 11. TESTIMONY. Should McLaren or any McLaren employee be compelled by law to provide testimony or other evidence by any party, whether at deposition, hearing or trial, in relation to services provided under this Agreement, and McLaren is not a party in the dispute, then McLaren shall be compensated by Ctient for the associated reasonable expenses and labor for McLaren's preparations and testimony at appropriate unit rates. To the extent the party compelling the testimony ultimately provides McLaren such compensation, Client will receive a credit or refund on any related double payments to McLaren. 12. CONFIDENTIALITY. McLaren will maintain as confidential any documents or information provided by Client and will not release, distribute, or publish same to any third party without prior permission from Client, unless compelled by law or order of a court or regulatory body of competent jurisdiction. Such release will occur only after prior notice to Client. 13. PRIORITY OVER FORM AGREEMENTS/PURCHASE ORDERS. The Parties agree that the provisions of these terms and conditions shall control over and govern as to any form writings signed by the Parties, such as Client Purchase Orders, Work Orders, etc., and that such forms may be issued by Client to McLaren as a matter of convenience to the Parties without altering any of the terms or provisions hereof. 14. SURVIVAL. All provisions of this Agreement for indemnity or allocation of responsibility or liability between Client and McLaren shall survive the completion of the services and the termination of this Agreement. 15. SEVERABILITY. In the event that any provision of this Agreement is found to be unenforceable under law, the remaining provisions shall continue in full force and effect. 16. ASSIGNMENT. This Agreement may not be assigned by either party without the prior permission of the other. McLaren M.G. McLaren Engineering end Land Surveying, P.C. �Sleepy Hollow Bulkhead Reconstruction McLaren File No. 210242.00 (Rev. 00) Page 10 March 5r2021 17. INTEGRATION. This agreement, the attached documents and those incorporated herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by both parties. 18. LIMIT OF LIABILITY A. In the event the Owner or Client consents to, allows, authorizes, or approves of changes to any plans, specifications or other construction documents, and these changes are not approved in writing by McLaren, the Client recognizes that such changes and the results thereof are not the responsibility of McLaren. Therefore, the Client agrees to release McLaren from any liability arising from the construction, use or result of such changes. In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the design Professional and all his employees, officers, and directors harmless from any damage, liability, or cost (including reasonable attorneys' fees and costs of defense) arising from such changes, except only those damages, liabilities and costs arising from the sole negligence or willful misconduct of McLaren or its employees, officers or directors. B. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or McLaren. McLaren's services under this Agreement are being performed solely for the Client's benefit, and no other entity shall have any claim against McLaren because of this Agreement or the performance or nonperformance of services hereunder. The Client agrees to include a provision in all contracts with contractors and other entitles involved in this project to carry out the intent of this paragraph. C. The CI ient agrees to limit McLaren's liability and his or her consultants to Owner and to all Construction Contractors and Subcontractors on the project, due to McLaren's negligent acts, errors, or omissions, such that the total aggregate liability of McLaren to all those named, including legal fees and costs, shall not exceed McLaren's total fee for services rendered on this project. The Client shall make no claim for professional negligence, either directly or in a third party claim, against McLaren unless the Client hasfirstprovided McLaren with a written certification executed by an independent design professional currently practicing in the same discipline as McLaren and licensed in the State of this project. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of an Engineer performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to McLaren not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any mediation or judicial proceeding. D. The Client shall promptly report to McLaren any defects or suspected defects in McLaren's work or services of which the Client becomes aware, so that McLaren may take measures to minimize the consequences of such a defect. The Client warrants that he or she will impose a similar notification requirement on all contractors in his or her Owner/ Client contract and shall require all subcontracts at any level to contain a like requirement. Failure by the Client, and the Contractors or Subcontractors to notify McLaren, shall relieve McLaren of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given. E. Payments to McLaren shall not be withheld, postponed, or made contingent on the construction, completion or success of the project or upon receipt by the Client of offsetting reimbursement or credit from other parties causing Additional Services or expenses. No withholdings, deductions or offsets shall be made from McLaren's compensation for any reason unless McLaren has been found to be legally liable for such amounts. If, due to McLaren's error, any required item or component of the project is omitted from McLaren's construction documents, McLaren shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or otherwise adds value or betterment to the project. In no event will McLaren be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the project. McLaren M.G. McLaren Engineering and Land Surveying, P.C. �Sleepy Hollow Bulkhead Reconstruction McLaren File No. 210242.00 (Rev. 00) Page 11 March 5r2021 G. All legal actions by either party against the other arising out of or in any way connected with the services to be performed hereunder shall be barred and under no circumstances shall any such claim be initiated by either party after three (3) years have passed from the date McLaren concluded rendering professional services, issuance of the Certificate of Completion or Certificate of Occupancy, whichever is sooner, unless McLaren's services shall be terminated earlier, in which case the date of termination of this Agreement shall be used. H. It is intended by the parties to this Agreement that McLaren's services in connection with the project shall not subject McLaren's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand, or suit shall be directed and/or asserted only against McLaren, a New York corporation, and not against any of McLaren's employees, officers or directors. I. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the Client nor the Consultant, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other incidental, indirect or consequential damage that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of implied warranty. Both the Client and the Consultant shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. J. Because evaluation of the existing structure requires that certain assumptions be made regarding existing conditions, and because some of these assumptions cannot be verified without expending additional sums of money or destroying otherwise adequate or serviceable portions of a structure, the Client agrees, to the fullest extent permitted by law, to indemnify and hold McLaren harmless from and against any and all damage, liability and cost, including reasonable attorneys' fees and defense costs, arising or allegedly arising out of the professional services under this Agreement, except for the sole negligence or willful misconduct of McLaren. McLaren M.G. McLaren Engineering and Land Surveying, P.C. �Meeting Date: 03/09/2021 Resolution #: 03/27/2021 Resolution of the Board of Trustees of the Village of Sleepy Hollow to Adopt Adjusted Base Proportions Be it Resolved that the Board of Trustees of the Village of Sleepy Hollow does hereby adopt the following: 1) The Certificate of Base Percentages, Current Percentages and Current Base Proportions pursuant to Article 19 of the Real Property Tax Law for the levy of taxes on the 2021 Village Assessment Roll, as prepared by the Office of the Village Assessor. 2) The Certificate of Adjusted Base Proportions pursuant to Article 19 of the Real Property Tax Law for the levy of taxes on the 2021 Village Assessment Roll, as prepared by the Village Assessor. 3) The Class Tax Shares adopted for the Village Levy Roll of 2021, absent of any local adjustments as provided in the Real Property Tax Law 1903-4, the tax class shares are: Homestead 58.2780% Non-Homestead 41.7220% Moved: Trustee Spiro Seconded: Deputy Mayor Rosenbloom Absent: Trustees Leavy and Gonzalez Vote: Unanimous �o 5 51 IK «T s ins is iS fiiilM» j sa & ®3 W) O lsEk|!is ft?! i i i 1 E 1 3*3 -S||ll" 3? ii si m~ (A II i n c " £ CD 70 \t KS 31! S 5 M©SO I®1 £ fe 3 3 S* J WD nfii a S �Meeting Date: 03/09/2021 Resolution #: 03/28/2021 Resolution of the Board of Trustees of the Village of Sleepy Hollow Confirming the Actions of the Ambulance Corps Whereas, the Board of Trustees approves the actions and recommendations of the Ambulance Corps Members, as stated in the enclosed memo to the Board, (attached) Be It Resolved, that the Board of Trustees directs the Village Clerk to notify the Ambulance Chief in writing of this resolution. Moved: Trustee Scaglione Seconded: Trustee Spiro Absent: Trustees Leavy and Gonzalez Vote: 4-0 �29 Andrews Lane Sleepy Hollow, NY 10591 (P) (914) 631-1962 Office of the Chief February 27,2021 Mayor and Board of Trustees: Please be advised at our February 2021 monthly meeting the following members were voted into the ambulance corps for membership; Shanna Beairsto of Sleepy Hollow Ryan Nuckel of Sleepy Hollow Maximilian Downing of Sleepy Hollow Please follow the normal course of action. Respectfully, Angela Martello Chief of EMS Sleepy Hollow Ambulance Corps �Meeting Date: 03/09/2021 Resolution #: 03/29/2021 Resolution of the Board of Trustees of the Village of Sleepy Hollow Making Salary Correction for Police Officer WHEREAS, Police Officer Luis Llivisaca was hired on 1/07/2020 by resolution number 01/01/2020 as a grade III Police Officer, and WHEREAS, the salary indicated on the resolution of a grade III Police Officer was incorrect, and WHEREAS, the correct salary for a grade III Police Officer should have been $81,510.07 at the time, and WHEREAS, the correct amount was paid to Police Officer Llivisaca on the March 5th, 2021 payroll to rectify this error. NOW THEREFORE, resolution number 01/01/2020 is hereby amended to reflect the correct salary for a grade III Police Officer of $81,510.07, due to clerical error, the listing salary amount of $67,908.69 was incorrectly included in resolution #01/01/2020 for a grade III Police Officer, rather than the correct salary of $81,510.07. Moved: Trustee Scaglione Seconded: Trustee Spiro Absent: Trustees Leavy and Gonzalez Vote: Unanimous � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2021 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2021-03-09_RES-24-29 Subject The topic of the resource Board of Trustees Minutes-2021 Date A point or period of time associated with an event in the lifecycle of the resource 2021 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text