SA2 Agreement unsigned
resolution
29 pages
From the meeting:
Board Of Trustees — 2022-07-18
Agenda item: Proposed Resolutions — Consider authorizing the Village Manager to sign the Supplemental Consultant Agreement between Bergman Associates and the Village for restoration of the Van Cortlandt Manor Entrance.
Resolution, 29 pages. Attached to agenda item: “Proposed Resolutions — Consider authorizing the Village Manager to sign the Supplemental Consultant Agreement between Bergman Associates and the Village for restoration of the Van Cortlandt Manor Entrance.”
Retrieved 2026-07-31 from the village's meeting portal.
View the original PDF ↗
Also attached to this agenda item:
Res 114-2022 VCM Project
Extracted text
Supplemental Consultant Agreement #2
Between
Bergmann Associates, Architects, Engineers, Landscape
Architects & Surveyors, D.P.C.
And
Village of Croton-on-Hudson
P.I.N 8760.11
Restoration of Van Cortlandt Manor Entrance Project
Village of Croton-on-Hudson
Westchester County
Design Engineering Services
Village of Croton-on-Hudson (Sponsor)
Historic Hudson Valley (Owner)
639 Bedford Road
Pocantico Hills, NY 10591
Prepared By:
Bergmann Associates, Architects, Engineers, Landscape
Architects & Surveyors, D.P.C.
2 Winners Circle, Suite 102
Albany, New York 12205
June 30, 2022
SA2 Agreement.docx
Architectural/ Engineering
Consultant Contract
PIN 8760.11
Agreement made this _____ day of ______, ______ by and between
Village of Croton-on-Hudson
having its principal office at One Van Wyck Street, Croton-on-Hudson, NY, (to be known throughout this
document as the “Sponsor”)
and
Bergmann Associates, Architects, Engineers, Landscape Architects & Surveyors, D.P.C, with its office
at 2 Winners Circle, Suite 1020, Albany, NY 12205 (to be known throughout this document as the
"Consultant")
WHEREAS, in connection with a federal-aid project funded through the New York State Department of
Transportation (“NYSDOT”) identified for the purposes of this contract as Restoration of Van Cortlandt
Manor Entrance Project (as described in detail in Attachment A annexed hereto, the “Project”), located
at the Van Cortlandt Manor, a property of Historic Hudson Valley (to be known throughout this document
as the “Owner” or “HHV”), the Sponsor has sought to engage the services of a Consultant Engineer to
perform the scope of services described in Attachment B annexed hereto; and
WHEREAS, in accordance with required consultant selection procedures, including applicable
requirements of NYSDOT and/or the Federal Highway Administration (“FHWA”), the Sponsor has
selected the Consultant to perform such services in accordance with the requirements of this Contract;
and
WHEREAS, the Village Manager, is authorized to enter this Contract on behalf of the Sponsor,
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE 1. DOCUMENTS FORMING THIS CONTRACT
This contract consists of the following:
·
Agreement Form - this document titled "Architectural/Engineering Consultant Contract";
·
Attachment "A" - Project Description and Funding;
·
Attachment "B" – Scope of Services;
·
Attachment “C” - as applicable, Staffing Rates, Hours, Reimbursables and Fee.
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ARTICLE 2. SCOPE OF SERVICES/STANDARD PRACTICES AND REQUIREMENTS
2.1 The CONSULTANT shall render all services and furnish all materials and equipment necessary to
provide the Sponsor with plans, estimates and other services and deliverables more specifically
described in Attachment "B".
2.2 The CONSULTANT shall ascertain the applicable practices of the Sponsor, NYSDOT and/or FHWA
prior to beginning any of the work of this PROJECT. All work required under this Contract shall be
performed in accordance with these practices, sound engineering standards, practices and criteria, and
any special requirements, more particularly described in Attachment "B".
2.3 The CONSULTANT will commence work no later than ten (10) days after receiving notice to proceed
from the Sponsor.
ARTICLE 3. COMPENSATION METHODS, RATES AND PAYMENT
As full compensation for Consultant’s work, services and expenses hereunder the Sponsor shall pay to
the CONSULTANT, and the CONSULTANT agrees to accept compensation based the methods
designated and described below. Payment of the compensation shall be in accordance with the Interim
Payment procedures shown in the table and the final payment procedure in Article 6.
(Continued next page)
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Q3.1 Cost Plus Fixed Fee Method
ITEM
DESCRIPTION OF ITEMS WITHIN METHOD
APPLABLE RATE/AMT or %
INTERIM
PAYMENTS
Item I
O
Actual Direct Technical Salaries, regular time plus
straight time portion of overtime compensation of all
employees assigned to this PROJECT on a full-time basis
for all or part of the term of this Contract, plus properly
allocable partial salaries of all persons working part-time
on this PROJECT.
O
The cost of Principals', Officers’ and Professional
Staffs’ salaries (productive time) included in Direct
Technical Salaries is eligible for reimbursement if their
comparable time is also charged directly to all other
projects in the same manner. Otherwise, Principals'
salaries are only eligible as an overhead cost, subject to
the current limitations, generally established therefore by
the Sponsor.
O If, within the term of this Contract, any direct salary
rates are paid in excess of the maximums shown in
Attachment A, the excess amount shall be borne by the
CONSULTANT WITHOUT REIMBURSEMENT either as
a direct cost or as part of the overhead allowance
O Actual cost incurred in the performance
of this contract as identified in Attachment
C or otherwise approved in writing by the
Sponsor or its representative.
O Not to exceed the maximum allowable
hourly
rates
of
pay
described
in
Attachment C of this Contract, all subject
to audit.
O Actual overtime premium portion of
Direct Technical Salaries, all subject to
audit and prior approval by the Sponsor.
O The
CONSULTANT
shall be paid in
________ (fill in
timeframe)
progress
payments based
on the maximum
salary rates and
allowable costs
incurred during the
period as
established in
Attachment C.
O Bills are subject
to approval of the
Sponsor and
Sponsor's
Representative.
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Q3.1 Cost Plus Fixed Fee Method
ITEM
DESCRIPTION OF ITEMS WITHIN METHOD
APPLABLE RATE/AMT or %
INTERIM
PAYMENTS
Item II
Actual Direct Non-Salary Project-related Costs incurred in
fulfilling the terms of this Contract; all subject to audit.
All reimbursement for travel, meals and
lodging shall be made at actual cost paid
but such reimbursement shall not exceed
the per diem rates established by the NY
State Comptroller. All reimbursement shall
not exceed the prevailing wage rates
established by the NYS Department of
Labor.
Item III
Items required to be purchased for this Project not
otherwise encompassed in Direct Non-salary Project-
related Costs, which become the property of the Sponsor
at the completion of the work or at the option of the
Sponsor.
Salvage value
Item IV
O
Overhead Allowance based on actual allowable
expenses incurred during the term of this Contract,
subject to audit. Submitted overhead amounts will be
audited based upon the Federal Acquisition Regulations
(FAR), sub-part 1-31.2 as modified by sub-part 1-31.105,
and applicable policies and guidelines of the Sponsor,
NYSDOT and FHWA.
O For the purpose of this Contract, an accounting period
shall be the CONSULTANT's fiscal year. An audit of the
accounting records of the CONSULTANT shall be made
by the Sponsor for each accounting period. For monthly
billing purposes, the latest available overhead percentage
established by such audit shall be applied to the charges
made, under Item IA of this subdivision to determine the
charge to be made under this Item.
O
The overhead allowance shall be
established as a percentage of Item IA
only (Actual Direct Technical Salaries) of
this ARTICLE, and shall be a FAR
compliant rate initially established as
158%, in all events not to exceed 158%,
subject to audit.
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Q3.1 Cost Plus Fixed Fee Method
ITEM
DESCRIPTION OF ITEMS WITHIN METHOD
APPLABLE RATE/AMT or %
INTERIM
PAYMENTS
Item V
O Payment of the Fixed Fee for the described scope of
services is not subject to pre-audit and is not subject to
review or modification based on cost information or unless
this Contract is formally amended or supplemented by
reason of a substantial change in the scope, complexity
or character of the work to be performed.
A negotiated Lump Sum Fee which in this
CONTRACT shall equal $10,900.
Item VI
The Maximum Amount Payable under this Contract
including Fixed Fees unless this contract is formally
amended or supplemented by reason of a substantial
change in the scope, complexity or character of the work
to be performed.
Maximum Amount Payable under this
Method shall be $148,000.
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ARTICLE 4. INSPECTION
The duly authorized representatives of the Sponsor, and on Federally aided projects, representatives of the
NEW YORK STATE DEPARTMENT OF TRANSPORTATION and the FEDERAL HIGHWAY
ADMINISTRATION, shall have the right at all times to inspect the work of the CONSULTANT.
ARTICLE 5. AUDITS
5.1 Payment to the Consultant is subject to the following audit rights of the Sponsor:
A. For Cost Plus Fixed Fee Method - All costs are subject to audit, i.e. labor, direct non-salary,
overhead, and fee.
B. For Specific Hourly Rate Method - Labor hours and direct non-salary costs are subject to audit.
If elements subject to audit are less than $300,000, an audit may be waived by the Sponsor.
c. For Lump Sum Cost Plus Reimbursables Method - Only direct non-salary costs are subject to
audit. If elements subject to audit are less than $300,000, an audit may be waived by the Sponsor.
5.2 In order to enable the Sponsor to process the final payment properly and expeditiously, the
CONSULTANT is advised that all of the following documents and submissions, as the same may
be appropriate to this contract, are considered to be necessary to enable the commencement of
the audit.
II.
Records of Direct Non-Salary Costs;
III.
Copies of any subcontracts relating to said contract;
IV.
Location where records may be examined; and
V.
Name, address, telephone number of person to contact for production.
The application for final payment is not considered complete until receipt of these documents and
information.
ARTICLE 6. FINAL PAYMENT
6.1 The Sponsor will make final payment within sixty (60) calendar days after receipt of an invoice which
is properly prepared and submitted, and all appropriate documents and records are received.
6.2 The acceptance by the CONSULTANT of the final payment shall operate as and shall be a release to
the Sponsor from all claims and liability to the CONSULTANT, its representatives and assigns for any
and all things done, furnished for or relating to the services rendered by the CONSULTANT under or
in connection with this Contract or for any part thereof except as otherwise provided herein.
ARTICLE 7. EXTRA WORK
7.1 Consultant’s performance of this Contract within the compensation provided shall be continuously
reviewed by the CONSULTANT. The CONSULTANT shall notify the Sponsor of the results of those
reviews in writing by submittal of a Cost Control Report. Such Cost Control Report shall be submitted
to the Sponsor on a monthly basis or such alternative interval as the Sponsor directs in writing.
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7.2 If the CONSULTANT is of the opinion that any work the CONSULTANT has been directed to perform
is beyond the scope of the PROJECT Contract and constitutes extra work, the CONSULTANT shall
promptly notify the Sponsor, in writing, of this fact prior to beginning any of the work. The Sponsor
shall be the sole judge as to whether or not such work is in fact beyond the scope of this Contract
and constitutes extra work. In the event that the Sponsor determines that such work does constitute
extra work, the Sponsor shall provide extra compensation to the CONSULTANT in a fair and equitable
manner. If necessary, an amendment to the PROJECT CONTRACT, providing the compensation
and describing the work authorized, shall be prepared and issued by the Sponsor. In this event, a
Supplemental Agreement providing the compensation and describing the work authorized shall be
issued by the Sponsor to the CONSULTANT for execution after approvals have been obtained from
necessary Sponsor officials, and, if required from the Federal Highway Administration.
7.3 In the event of any claims being made or any actions being brought in connection with the PROJECT,
the CONSULTANT agrees to render to the Sponsor all assistance required by the Sponsor.
Compensation for work performed and costs incurred in connection with this requirement shall be
made in a fair and equitable manner. In all cases provided for in this Contract for the additional
services above described, the Sponsor's directions shall be exercised by the issuance of a separate
Contract, if necessary.
ARTICLE 8. CONSULTING LIABILITY
The CONSULTANT shall be responsible for all damage to life and property due to negligent acts, errors or
omissions of the CONSULTANT, his subcontractors, agents or employees in the performance of his service
under this Contract.
Further, it is expressly understood that the CONSULTANT shall indemnify and save harmless the Sponsor
from claims, suits, actions, damages and costs of every name and description resulting from the negligent
performance of the services of the CONSULTANT under this Contract, and such indemnity shall not be
limited by reasons of enumeration of any insurance coverage herein provided. Negligent performance of
service, within the meaning of this Article, shall include, in addition to negligence founded upon tort,
negligence based upon the CONSULTANT's failure to meet professional standards and resulting in obvious
or patent errors in the progression of his work. Nothing in this Article or in this Contract shall create or give
to third parties any claim or right of action against the Sponsor beyond such as may legally exist irrespective
of this Article or this Contract.
The CONSULTANT shall procure and maintain for the duration of the work for such project(s), Professional
Liability Insurance in the amount of One Million Dollars ($1,000,000) per project, issued to and covering
damage for liability imposed on the CONSULTANT by this Contract or law arising out of any negligent act,
error, or omission in the rendering of or failure to render professional services required by the Contract.
The CONSULTANT shall supply any certificates of insurance required by the Sponsor and adhere to any
additional requirements concerning insurance.
ARTICLE 9. WORKER'S COMPENSATION AND LIABILITY INSURANCE
This contract shall be void and of no effect unless the CONSULTANT shall secure Workman’s
Compensation Insurance for the benefit of, and keep insured during the life of this contract, such employees
as are necessary to be insured in compliance with the provisions of the Workman’s Compensation Law of
the State of New York.
The CONSULTANT shall secure policies of general and automobile liability insurance, and maintain said
policies in force during the life of this contract. Said policies of insurance shall protect against liability arising
from errors and omissions, general liability and automobile liability in the performance of this contract in the
sum of at least $1,000,000.00 (One Million dollars) each.
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The CONSULTANT shall furnish a certified copy of said policies to the Sponsor at the time of execution of
this contract.
ARTICLE 10. INTERCHANGE OF DATA
All technical data in regard to the PROJECT existing in the office of the Sponsor or existing in the offices
of the CONSULTANT shall be made available to the other party to this Contract without expense to such
other party.
ARTICLE 11. RECORDS RETENTION
The CONSULTANT shall establish and maintain complete and accurate books, records, documents,
accounts and other evidence directly pertinent to performance under this contract (collectively called the
“Records”). The Records must be kept for a minimum of six (6) years or three (3) years after final payment
is received, whichever is later. The Sponsor, State, Federal Highway Administration, or any authorized
representatives of the Federal Government, shall have access to the Records during normal business hours
at an office of THE CONSULTANT within the State of New York or, a mutually agreeable reasonable venue
within the State, for the term specified above for the purposes of inspection, auditing and copying.
ARTICLE 12. DAMAGES AND DELAYS
The CONSULTANT agrees that no charges or claim for damages shall be made by him for any delays or
hindrances from any cause whatsoever during the progress of any portion of the services specified in this
Contract. Such delays or hindrances, if any, shall be compensated for by an extension of time for such
reasonable period as the Sponsor may decide, it being understood however, that the permitting of the
CONSULTANT to proceed to complete any services or any part of them after the date of completion or after
the date to which the time of completion may have been extended, shall in no way operate as a waiver on
the part of the Sponsor of any of its rights herein. Nothing in this ARTICLE will prevent the CONSULTANT
from exercising his rights under ARTICLE 7 of this contract.
ARTICLE 13. TERMINATION
The Sponsor shall have the absolute right to terminate this Contract, and such action shall in no event be
deemed a breach of contract:
A.
for convenience of the Sponsor - if a termination is brought about for the convenience of
the Sponsor and not as a result of unsatisfactory performance on the part of the
CONSULTANT, final payment shall be made based on the basis of the CONSULTANT'S
compensable work delivered or completed prior to and under any continuing directions of
such termination.
B.
for cause - if the termination is brought about as a result of the Sponsor’s determination of
unsatisfactory performance or breach of contract on the part of the CONSULTANT, the
value of the work performed by the CONSULTANT prior to termination shall be established
by the percent of the amount of such work satisfactorily delivered or completed by the
CONSULTANT to the point of termination and acceptable to the Sponsor, of the total
amount of work contemplated by the PROJECT CONTRACT.
ARTICLE 14. DEATH OR DISABILITY OF THE CONSULTANT
In case of the death or disability of one or more but not all the persons herein referred to as CONSULTANT,
the rights and duties of the CONSULTANT shall descend upon the survivor or survivors of them, who shall
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be obligated to perform the services required under this Contract, and the Sponsor shall make all payments
due to him, her or them.
In case of the death or disability of all the persons herein referred to as CONSULTANT, all data and records
pertaining to the PROJECT shall be delivered within sixty (60) days to the Sponsor or his duly authorized
representative. In case of the failure of the CONSULTANT's successors or personal representatives to
make such delivery on demand, then in that event the representatives of the CONSULTANT shall be liable
to the Sponsor for any damages it may sustain by reason thereof. Upon the delivery of all such data to the
Sponsor, the Sponsor will pay to the representatives of the CONSULTANT all amounts due the
CONSULTANT, including retained percentages to the date of the death of the last survivor.
ARTICLE 15. CODE OF ETHICS
The CONSULTANT specifically agrees that this Contract may be canceled or terminated if any work under
this Contract is in conflict with the provisions of any applicable law establishing a Code of Ethics for Federal,
State or Municipal officers and employees.
ARTICLE 16. INDEPENDENT CONTRACTOR
The CONSULTANT, in accordance with his status as an independent contractor, covenants and agrees
that he will conduct himself consistent with such status, that he will neither hold himself out as, nor claim to
be, an officer or employee of the Sponsor by reason hereof, and that he will not, by reason hereof, make
any claim, demand or application to or for any right or privilege applicable to an officer or employee of the
Sponsor, including but not limited to Worker's Compensation coverage, Unemployment Insurance benefits,
Social Security coverage or Retirement membership or credit.
ARTICLE 17. COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that he has not employed or retained any company or person, other than a
bona fide employee working for the CONSULTANT, to solicit or secure this Contract, and that he has not
paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this Contract. For breach or violation of this warranty, the Sponsor shall have the right to annul
this Contract without liability, or, in its discretion, to deduct from the Contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent
fee.
ARTICLE 18. TRANSFER OF AGREEMENT
The CONSULTANT specifically agrees, that he is prohibited from assigning, transferring, conveying,
subletting or otherwise disposing of the Contract or of his right, title or interest therein, or his power to
execute such Contract, to any other person, company or corporation, without the previous consent in writing
of the Sponsor.
If this provision is violated, the Sponsor may revoke and annul the Contract and the Sponsor shall be
relieved from any and all liability and obligations there under to the person, company or corporation to whom
the CONSULTANT shall purport to assign, transfer, convey, sublet or otherwise dispose of the Contract
without such consent in writing of the Sponsor.
ARTICLE 19. PROPRIETARY RIGHTS
The CONSULTANT agrees that if patentable discoveries or inventions should result from work described
herein, all rights accruing from such discoveries or inventions shall be the sole property of the
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CONSULTANT. However, the CONSULTANT agrees to and does hereby grant to the United States
Government and the State of New York and the Sponsor a nonexclusive, nontransferable, paid-up license
to make, use, and sell each subject invention throughout the world by and on behalf of the Government of
the United States and states and domestic municipal governments, all in accordance with the provisions of
48 CFR 1-27.
ARTICLE 20. SUBCONTRACTORS/ SUBCONSULTANTS
All SUBCONTRACTORS and SUBCONSULTANTS performing work on this project shall be bound by the
same required contract provisions as the CONSULTANT. All agreements between the CONSULTANT and
a subcontractor or other SUBCONSULTANT shall include all standard required contract provisions, and
such agreements shall be subject to review by the Sponsor.
ARTICLE 20.1 PROMPT PAYMENT. While federal regulation (49 CFR 26.291) requires payment to
subcontractors within 30 days, New York State law is more stringent. NYS General Municipal Law §106-b
and NYS Finance Law Article 9, §139-f require prime contractors and prime consultants to pay their vendors
within seven (7) calendar days of receipt of payment from the public owner/sponsor, and provides for
interest on late payments for all public works contracts. Contract provisions incorporating any other
payment schedule will not be allowed. A subcontractor's work is satisfactorily completed when all the tasks
called for in the subcontract have been accomplished and documented. When the Sponsor has made an
incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that
acceptance is deemed to be satisfactorily completed.
ARTICLE 21. CERTIFICATION REQUIRED BY 49 CFR, PART 29
The signator to this Contract, being duly sworn, certifies that, EXCEPT AS NOTED BELOW, its company
and any person associated therewith in the capacity of owner, partner, director, officer, or major stockholder
(five percent or more ownership)
A.
is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency;
B.
has not been suspended, debarred, voluntarily excluded or determined ineligible by any
federal agency within the past three years;
C.
does not have a proposed debarment pending; and
D.
has not been indicted, convicted, or had a civil judgment rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past
three years.
ARTICLE 22. CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing this Contract to the best of his or her knowledge and belief,
that:
A.
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into
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of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
B.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit the standard "Disclosure Form to
Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be, included in all lower tier subcontracts, which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
ARTICLE 23. RESPONSIBILITY OF THE CONSULTANT
A.
The CONSULTANT shall be responsible for the professional quality, technical accuracy,
and the coordination of all designs, drawings, specifications and other services furnished
by the CONSULTANT under this contract. The CONSULTANT shall, without additional
compensation, correct or revise any errors or deficiencies in its designs, drawings,
specifications, and other services. However, the Sponsor may in certain circumstances,
provide compensation for such work.
B.
Neither the Sponsor’s review, approval or acceptance of, nor payment for, the services
required under this contract shall be construed to operate as a waiver of any rights under
this contract or of any cause of action arising out of the performance of this contract, and
the CONSULTANT shall be and remain liable to the Sponsor in accordance with applicable
law for all damages to the Sponsor caused by the CONSULTANT'S negligent performance
or breach of contract of any of the services furnished under this contract.
C.
The rights and remedies of the Sponsor provided for under this contract are in addition to
any other rights and remedies provided by law.
D.
If the CONSULTANT is comprised of more than one legal entity, each such entity shall be
jointly and severally liable hereunder.
ARTICLE 24. NON-DISCRIMINATION REQUIREMENTS
The CONSULTANT agrees to comply with all applicable Federal, State and Sponsor Civil Rights and
Human Rights laws with reference to equal employment opportunities and the provision of services. In
accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State
and Federal Statutory and constitutional non-discrimination provisions, the CONSULTANT will not
discriminate against any employee or applicant for employment because of race, creed, color, sex, national
origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if
this is a contract for the construction, alteration or repair of any public building or public work for the
manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract
shall be performed within the State of New York, CONSULTANT agrees that neither it nor its
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SUBCONSULTANTS shall, by reason of race, creed, color, disability, sex or national origin; (a) discriminate
in hiring against any New York State citizen who is qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired for the performance of work under this Contract.
CONSULTANT is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section
239 as well as possible termination of this Contract and forfeiture of all moneys due hereunder for a second
or subsequent violation.
ARTICLE 25. CERTIFICATION REQUIRED BY 40 CFR 111506.5(c)
If the work of the PROJECT includes the preparation of an Environmental Impact Statement (EIS), the
signator to this Contract, being duly sworn, certifies that its company and any person associated therewith
in the capacity of owner, partner, director, officer, or major stockholder (five percent or more ownership)
does not have any financial or other interest in the outcome of the project including:
a. an existing contract for the PROJECTs ROW incidental work or construction engineering; or
b.
ownership of land, options to buy land, or some business enterprise which would be financially
enhanced or diminished by any of the PROJECT alternatives.
This does not preclude the CONSULTANT from being awarded a future contract covering the work describe
in this Article or being awarded Phases V & VI Final Design after the EIS has been approved.
ARTICLE 26. BIDDING OF DIRECT NON-SALARY ITEMS (unless more restrictive municipal laws apply)
For all contracts other than personal services in excess of $5,000, the consultant shall solicit a number of
quotes from qualified subcontractors so that at least three (3) quotes will be received. For all contracts
other than personal services in excess of $20,000 except printing contracts in excess of $10,000, the
consultant shall solicit a number of sealed bids from qualified subcontractors so that at least three (3) bids
will be received. The consultant shall then enter into a subcontract with the lowest bidder or entity
submitting the lowest quotation who is fully responsive to the invitation to submit a quote/bid.
ARTICLE 27. WAGE AND HOURS PROVISIONS
If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered
by Article 9 thereof, neither Consultant's employees nor the employees of its subcontractors may be
required or permitted to work more than the number of hours or days stated in said statutes, except as
otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued
by the State Labor Department. Furthermore, Consultant and its subconsultants must pay at least the
prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for
overtime pay, as determined by the State Labor Department in accordance with the Labor Law.
ARTICLE 28. INTERNATIONAL BOYCOTT PROHIBITION
In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this
contract exceeds $5,000, the Consultant agrees, as a material condition of the contract, that neither the
Consultant nor any substantially owned or affiliated person, firm, partnership or corporation has
participated, is participating, or shall participate in an international boycott in violation of the federal Export
Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such
Consultant, or any of the aforesaid affiliates of Consultant, is convicted or is otherwise found to have violated
said laws or regulations upon the final determination of the United States Commerce Department or any
other appropriate agency of the United States subsequent to the contract's execution, such contract,
amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the
SA2 Agreement.docx
Sponsor and the New York State Comptroller within five (5) business days of such conviction, determination
or disposition of appeal (see 2 NYCRR 105.4).
ARTICLE 29. SERVICE OF PROCESS
In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Consultant
hereby consents to service of process upon it by registered or certified mail, return receipt requested.
Service hereunder shall be complete upon Consultant's actual receipt of process or upon the Sponsor’s
receipt of the return thereof by the United State Postal Service as refused or undeliverable. Consultant
must promptly notify the Sponsor, in writing, of each and every change of address to which service of
process can be made. Service by the Sponsor to the last known address shall be sufficient. Consultant
will have thirty (30) calendar days after service hereunder is complete in which to respond.
ARTICLE 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DATA. At the time of completion of
the work, the Consultant shall make available to the Sponsor all survey notes, computations, maps,
tracings, original aerial film and photo indices if any, and all other documents and data pertaining to the
work or to the project which material at all times shall be the property of the Sponsor. Or in the event that
this Agreement is terminated for any reason, then, within ten (10) days after such termination, the
Consultant shall make available to the Sponsor all the aforementioned engineering data and material. All
original tracings of maps and other engineering data furnished to the Sponsor by the Consultant shall bear
thereon the endorsement of the Consultant. All plans, estimates and other data prepared in accordance
with this Agreement shall be considered confidential and shall be released only to the Sponsor.
SA2 Agreement.docx
ARTICLE 31. MISCELLANEOUS
31.1 Executory Contract. This Contract shall be deemed only executory to the extent of the monies
available, and no liability shall be incurred by the Sponsor beyond the monies legally available for the
purposes hereof.
IN WITNESS WHEREOF, the parties have duly executed this Contract effective the day and year first
above written.
Sponsor
by:
Date:
Consultant
by:
_______________________________________
Date:
SPONSOR
STATE OF NEW YORK
ss:
COUNTY OF ____________
On this ________________________day of _________________________, ______ before me,
the subscriber, personally appeared to me known, who, being by me duly sworn, did depose and say; that
he/she resides in the ____________, New York; that he/she is the ______________ of the
_________________, the corporation described in and which executed the foregoing instrument; that
he/she is the authorized with the execution of the matter herein provided for, and that he/she signed and
acknowledged the said instrument in his/her position as a duly authorized representative of Sponsor.
_________________________________________
Notary Public, ________________ County, N.Y.
CONSULTANT:
ss:
COUNTY OF ____________
On this ________________________day of _________________________, ______ before me,
the subscriber, personally appeared to me known, who, being by me duly sworn, did depose and say; that
he/she resides in the ____________, New York; that he/she is the ______________ of the
_________________, the corporation described in and which executed the foregoing instrument; that
he/she is the authorized with the execution of the matter herein provided for, and that he/she signed and
acknowledged the said instrument in his/her position as a duly authorized representative of Sponsor.
_________________________________________
Notary Public, ________________ County, N.Y.
SA2 Agreement.docx
OWNER:
ss:
COUNTY OF ____________
On this ________________________day of _________________________, ______ before me,
the subscriber, personally appeared to me known, who, being by me duly sworn, did depose and say; that
he/she resides in the ____________, New York; that he/she is the ______________ of the
_________________, the corporation described in and which executed the foregoing instrument; that
he/she is the authorized with the execution of the matter herein provided for, and that he/she signed and
acknowledged the said instrument in his/her position as a duly authorized representative of Sponsor.
_________________________________________
Notary Public, ________________ County, N.Y.
SA2 Agreement.docx
Attachment A
Architectural/ Engineering Consultant Contract
Project Description and Funding
MAXIMUM AMOUNT OF FUNDS FOR ALL COMPENSATION PAYABLE UNDER THIS
AGREEMENT FOR THE SCOPE OF WORK DESCRIBED IN ATTACHMENT B FOR THE
PROJECT DESCRIBED IN THIS ATTACHMENT A, OTHERWISE IN ACCORDANCE WITH
THE CHOSEN METHOD OF COMPENSATION AND OTHER TERMS OF THIS
AGREEMENT:
$148,000
PIN:
8760.11
BIN:
None
oMain Agreement
oAmendment to Contract [add identifying #]
xSupplement to
Contract
Phase of Project Consultant to work on:
xP.E./Design ROW Incidentals ROW Acquisition
oConstruction, C/I, & C/S
Dates or term of Consultant Performance:
Start Date:
Finish Date:
PROJECT DESCRIPTION:
Design improvements to the entrance to Van Cortlandt Manor site (South Riverside Avenue)
and within the Van Cortlandt Manor property to enhance safety and security of the property.
Project Location:
Village of Croton-on-Hudson, Westchester County
Consultant Work Type(s): See Attachment B for more detailed Scope of Services.
ATTACHMENT B
SCOPE OF SERVICES
Page 1 | March 21, 2022
Village of Croton-on-Hudson/HHV
PIN 8760.11 – RESTORATION OF VAN CORTLANDT MANOR ENTRANCE
Additional Services Scope / Supplemental Agreement #2
March 21, 2022
This letter documents elements of work that have changed with respect to the original Base Task List and
Instructions (Exhibit A - Scope of Services) for PIN 8760.11, dated July 24, 2014, and Supplemental Agreement
#1 (approved July 7, 2021).
Additional Scope of Services
Section 1 General
Section 1.05 Project Familiarization/Management
As a result of the extended duration and changes to the project scope, new staff have been brought on to the
project team since the project began and they require a thorough review of the project information and any
scope changes. Select staff require a visit to the site to become familiar with project and field conditions.
Project management effort has increased due to revised scope, coordination with local utility companies,
coordination with the project team (Heritage Landscapes, Meeker Associates), Village authorities, Historic
Hudson Valley, and NYSDOT Local Liaison. This includes obtaining quotes from potential DBE construction
inspection firms to perform full-time on-site construction inspection services for the construction phase of the
project. Our original proposed subconsultant, MJ Engineering, is no longer a DBE firm, and therefore a new
firm needs to be selected. This effort included confirmation with NYSDOT regarding the subconsultant
solicitation process, required staffing based on estimated project cost, and DBE goal.
As per NYSDOT, an updated DBE Goal Assessment form is required to be completed and submitted prior to
letting of the construction contract. Bergmann will prepare this form and submit it to the Local Project Unit for
their completion of it.
Section 1.06 Meetings
Due to the project duration for design phase extending beyond 2021, and additional design elements
added/revised, additional meetings with HHV and the project team are required.
SUPPLEMENTAL AGREEMENT #2 – RESTORATION VAN CORTLANDT MANOR ENTRANCE
Page 2 | March 21, 2022
Section 3 Preliminary Design
For Supplemental Agreement #1, it was estimated that additional budget would be required to complete this
Section since a significant portion of the original budget was expended for past conceptual design
alternatives, meetings, site visits, and coordination. The additional budget that was estimated in Supplemental
Agreement #1 was not enough to complete all of the tasks under this Section. Therefore, additional budget is
required for completion of the tasks below.
Section 3.01 Design Criteria
The revised scope of the project includes the following improvements:
·
Design of landscape and site improvements within the historic core, as recommended by Heritage
Landscapes, LLC.
·
Design of visitor reception tent area
·
Design of median at site entrance
·
Design of entrance signage and lighting
·
Design of surface treatment to existing concrete road and driveway to Visitor Building
·
Coordination/review of subconsultants Heritage Landscapes & Meeker Associates designs
Section 3.02 Development/Detailed Evaluation
Performed detailed evaluations of the above listed improvements.
Section 3.03 Cost Estimates
Updated the project cost estimate numerous times, based on multiple project scope revisions during the
development of the detailed plans.
Section 4 Environmental
Section 4.05 Permits and Approvals
On August 11, 2021, Bergmann prepared an Article 24 Wetlands Permit Application to the NYSDEC Region 3
office. The application packet included the re-delineation of the wetland boundary, description of the
proposed activities, erosion and sediment controls, and discussion of maintenance and monitoring of the
project area. The 60% design plans were used as the basis for determining the proposed impacts to the 100-ft
wetland adjacent area (1.02-acres temporary impacts; 0.65-acre permanent impacts). Bergmann performed an
updated review of potential wildlife impacts within the project area and determined that there may be a bald
eagle nesting area nearby. We coordinated with the NYSDEC Region 3 about this, and they replied in an email
that the project was within proximity to documented bald eagle nest and wintering area, and they determined
that based on the distance to the nest, ambient noise conditions, etc., no additional noise-related impacts are
anticipated to the nest from the proposed work. The email also said to avoid impacts to wintering eagles
(work to be conducted from April 1 to November 1). Bergmann included this email with the Article 24
Wetlands Permit Application.
SUPPLEMENTAL AGREEMENT #2 – RESTORATION VAN CORTLANDT MANOR ENTRANCE
Page 3 | March 21, 2022
On November 17, 2021, Tracey O’Malley of the NYSDEC Region 3 submitted a Notice of Incomplete
Application to HHV and Bergmann. They requested numerous items, including to demonstrate how the
proposed disturbances to the wetland adjacent area meet the DEC standards of the permit (disturbances
avoided/minimized, alternatives, justification), updated plans showing existing and proposed conditions
(including grading, stabilization of disturbed areas and revegetation, and details), information of proposed
work during the winter months, a comparison of expected noise levels to ambient noise levels at the site, and
that no white pines are to be removed within 300’ of a shoreline.
Coordination with NYSDEC Region 3 was ongoing throughout the project permitting process. HHV and
Bergmann held multiple meetings to discuss NYSDEC’s comments/concerns. At HHV’s request, Bergmann
performed a noise study to determine the changes in noise levels at a reference location to assess the
potential noise effects from the construction that are anticipated to occur during the wintering season for
nearby bald eagles. This assessment considered ambient noise levels of traffic on US Route 9, noise emission
levels from the construction equipment anticipated to be used, such as in tree removal operations, the
anticipated construction schedule and the locations of trees to be removed. The findings were documented in
accordance with the requirements, instructions, and guidance in Chapter 4.4.18 Noise Analysis Policy and
Procedures of the Environmental Manual (TEM) specifically those pertaining to construction noise. On January
26, 2022, Bergmann submitted the noise analysis memo of the project to HHV for their review. It was
determined that the proposed work would have an ‘unnoticed or tolerable’ effect on bald eagles utilizing the
wintering habitat area.
On February 4, 2022, Bergmann prepared a response to the NYSDEC’s Notice of Incomplete Application, which
included updated project impacts to the 100-ft wetland adjacent area (1.04-acres temporary, 0.33-acre
permanent), updated design plans showing the proposed impacts including tree removals, proposed
landscaping, utility installation, roadway resurfacing, and earthwork. Bergmann included a memo dated
January 28, 2022, prepared by Heritage Landscapes that describes and justifies their design intent to remove
certain trees. Bergmann also described that the proposed impacts are generally considered ‘usually
compatible’ as they are associated with expanding or modifying existing functional facilities. The noise
analysis memo was also attached, along with requested SEQR documentation.
Due to the duration of time since the Design Report approval, the NYSDOT/FHWA is requiring that the NEPA
concurrence reevaluation occur before authorization to proceed to construction is issued. Bergmann will
complete the NEPA Reevaluation form and the RSEECC checklist and submit to NYSDOT/FHWA for review and
approval. Comments will be addressed as needed.
Section 6 – Detailed Design
Bergmann addressed comments on the 90% ADPs received from NYSDOT Local Liaison group. Additional
effort was required by Bergmann and Heritage Landscapes to prepare the Advance Design Plans (90% and
100% design level), which incorporated additional design items requested by HHV, HHV’s security consultant,
and Meeker Associates. This included preparing an Add Alternate to the design for the use of exposed
aggregate concrete in lieu of colored asphalt at South Riverside Ave entrance. Plans were revised to remove
proposed work that was outside of the Area of Potential Effect line, so as not to require additional FHWA
review.
SUPPLEMENTAL AGREEMENT #2 – RESTORATION VAN CORTLANDT MANOR ENTRANCE
Page 4 | March 21, 2022
Heritage Landscapes has also submitted a change order request in the amount of $46,923 for their effort in
progressing their 50% documents to 100% construction documents, which was not part of their original
contract. This change order request is attached.
Bergmann revised the design for the proposed improvements to the existing water meter pit as requested by
the Village of Croton-on-Hudson (i.e., Village-specific meter, gate valves, backflow preventer, etc.), and
coordinated with the Village regarding the proposed transfer of ownership of the portion of South Riverside
Avenue to be conveyed to HHV. This included coordination with the NYSDOT Local Liaison.
Bergmann performed structural engineering design for Meeker Associates’ banner structure assembly
(upright, mast arms, baseplate, and footings), main identification sign structure assembly (upright, cross arm
and stem footing), and Visitor Information signage assemblies (baseplates and footings). Bergmann also
revised the site plans to include the locations of the banner assemblies, main identification sign, and
information assemblies. As Meeker does not use AutoCAD or similar products in their business, Bergmann
had to convert/edit Meeker’s signage design plans to be incorporated into the plan set.
Bergmann performed structural engineering design review/reinforcement selection for Heritage Landscapes
entrance gate wall, posts, footing and foundations. Bergmann submitted the structural engineering design to
Heritage Landscapes and coordinated with them as required. Since all federally funded local projects must be
designed and built-in accordance with current NYSDOT specifications for construction and materials,
Bergmann performed extensive reviews of Heritage Landscapes design plans and technical specifications
throughout the Detailed Design Phase, so that the design is in accordance with NYSDOT requirements.
Additional special specifications were added to the Bid Manual that are not part of the NYSDOT Standard
Specifications database. These are proprietary items recommended by both HHV and Heritage Landscapes, as
well as modified PIN-approved NYSDOT Special Specifications, to be consistent with the historic nature of the
property. Bergmann also prepared the required justification letters to the NYSDOT Local Liaison requesting
approval of those special specifications.
As requested by HHV, Bergmann coordinated with Con Edison about their gas main and potential for
relocation to allow the proposed light pole and entrance gate wall to be installed where shown on the plans.
Bergmann continues to coordinate with Con Edison about this conflict and required trenching
requirements/separation distances for existing gas mains and electrical conduits.
Fee Estimate
Additional Scope Work: $148,000 (see attached)
ATTACHMENT C
SALARY SCHEDULES, STAFFING TABLES
DIRECT NON-SALARY COSTS AND FEES
Design Services
Restoration of Van Cortlandt Manor Entrance
ASCE (A)
MAX HOURLY RATES
OR
DATE OF SALARIES
PROJECT
NICET (N)
IN CERTIFIED ROSTER
MID-POINT
OVERTIME
JOB TITLE
GRADE
3/23/2019
3/22/2021
CATEGORY
Principal
IX (A)
$79.00
$82.16
$79.00
$82.16
$85.45
$88.86
A
Project Manager
VIII (A)
$72.16
$75.05
$79.00
$82.16
$85.45
$88.86
B
Senior Project Engineer
VII (A)
$60.23
$62.64
$63.43
$65.97
$68.61
$71.35
B
Project Engineer
VI (A)
$52.13
$54.22
$55.23
$57.44
$59.74
$62.13
B
Senior Engineer
V (A)
$47.70
$49.61
$49.48
$51.46
$53.52
$55.66
B
Engineer
IV (A)
$42.75
$44.46
$44.35
$46.12
$47.97
$49.89
B
Design Engineer
III (A)
$36.59
$38.05
$43.97
$45.73
$47.56
$49.46
B
Senior Environmental Specialist
III (A)
$45.34
$47.15
$45.34
$47.15
$49.04
$51.00
B
Junior Engineer
I/II (A)
$28.65
$29.80
$33.45
$34.79
$36.18
$37.63
B
Senior Designer
IV (N)
$47.95
$49.87
$51.64
$53.71
$55.85
$58.09
B
Senior Engineering Technician
IV (N)
$40.60
$42.22
$47.01
$48.89
$50.85
$52.88
C
Senior Engineering Technician
III (N)
$33.18
$34.51
$36.80
$38.27
$39.80
$41.39
C
Engineering Technician
II (N)
$27.59
$28.69
$30.00
$31.20
$32.45
$33.75
C
Engineering Technician
I (N)
$21.38
$22.24
$24.05
$25.01
$26.01
$27.05
C
Senior Construction Inspector
IV (N)
$45.71
$47.54
$52.05
$54.13
$56.30
$58.55
C
Senior Construction Inspector
III (N)
$37.92
$39.44
$40.90
$42.54
$44.24
$46.01
C
Construction Inspector
II (N)
$30.90
$32.14
$32.10
$33.38
$34.72
$36.11
C
Construction Inspector
I (N)
$24.38
$25.36
$32.00
$33.28
$34.61
$36.00
C
Senior Land Surveyor - Licensed
IV (N)
$46.44
$48.30
$55.90
$58.14
$60.46
$62.88
C
Party Chief - Licensed
IV (N)
$46.44
$48.30
$55.90
$58.14
$60.46
$62.88
C
Party Chief - Unlicensed
III (N)
$32.03
$33.31
$36.50
$37.96
$39.48
$41.06
C
Instrument Person
II (N)
$27.30
$28.39
$31.95
$33.23
$34.56
$35.94
C
Technical Typist
N/A
$24.56
$25.54
$27.64
$28.75
$29.90
$31.09
C
Trainee
N/A
$21.15
$22.00
$21.15
$22.00
$22.88
$23.80
C
NOTES
Hourly rates shall not exceed those shown above.
Date of Certified Roster is when salaries went into affect through 2021. 2022 rates are assumed.
Date Certified Roster was accepted by NYSDOT: 03/23/2019
OVERTIME POLICY
Category A - No overtime compensation.
Category B - Overtime compensated at straight time rate.
Category C - Overtime compensated at straight time rate x 1.50.
Overtime applies to hours worked in excess of the normal working hours of 8 hours per day.
AVERAGE HOURLY RATES
Exhibit A, Page 1
Bergmann Associates - Salary Schedule
Village of Croton-on-Hudson, Westchester County
PIN 8760.11
ASCE (A)
OR
Average
Direct
NICET (N)
Section
Section
Section
Section
Section
Section
Section
Total
Hourly
Technical
JOB TITLE
GRADE
Hours
Rate
Labor
Principal
IX (A)
$82.16
$0.00
Project Manager
VIII (A)
$75.05
$0.00
Senior Project Engineer
VII (A)
$62.64
$6,953.04
Project Engineer
VI (A)
$54.22
$15,398.48
Senior Engineer
V (A)
$49.61
$0.00
Engineer
IV (A)
$44.46
$622.44
Design Engineer
III (A)
$38.05
$7,191.45
Senior Environmental Specialist
III (A)
$47.15
$2,168.90
Junior Engineer
I/II (A)
$29.80
$1,490.00
Senior Designer
IV (N)
$49.87
$0.00
Senior Engineering Technician
IV (N)
$42.22
$0.00
Senior Engineering Technician
III (N)
$34.51
$0.00
Engineering Technician
II (N)
$28.69
$0.00
Engineering Technician
I (N)
$22.24
$1,112.00
Senior Construction Inspector
IV (N)
$47.54
$0.00
Senior Construction Inspector
III (N)
$39.44
$0.00
Construction Inspector
II (N)
$32.14
$0.00
Construction Inspector
I (N)
$25.36
$0.00
Senior Land Surveyor - Licensed
IV (N)
$48.30
$0.00
Party Chief - Licensed
IV (N)
$48.30
$0.00
Party Chief - Unlicensed
III (N)
$33.31
$0.00
Instrument Person
II (N)
$28.39
$0.00
Technical Typist
N/A
$25.54
$0.00
Trainee
N/A
$22.00
$0.00
Total
34,936.31
$
TASKS
FEE (Including Overhead & Profit)
SECTION 1 - GENERAL
$21,440
SECTION 2 - DATA COLLECTION
$0
SECTION 3 - PRELIMINARY DESIGN
$30,297
SECTION 4 - ENVIRONMENTAL
$17,092
SECTION 5 - RIGHT-OF-WAY
$0
SECTION 6 - DETAILED DESIGN
$32,118
SECTION 7 - ADVERTISEMENT, BID OPENING, AND AWARD
$0
Subtotal
$100,947
Direct Expenses
$46,923
Total
$147,870
Village of Croton-on-Hudson, Westchester County
T A S K S
Exhibit A, Page 2
PIN 8760.11
Bergmann Associates - Staffing Table
Restoration of Van Cortlandt Manor Entrance
Restoration of Van Cortlandt Manor Entrance
1. Lodging, Sustenance &Travel
Meal Per Diem
Allowance @
$55 Per Meal
Persons
$0
Lodging
Nights @
$125 Per Night for
Persons
$0
Auto Rental
Days @
$75 Per Day
Persons
$0
Mileage
Trips @
Miles per trip
Miles
Preliminary Design Progress Meetings
Trips @
260 Miles per trip
Wetland Delineation
Trips @
260 Miles per trip
Miles @
$0.580
=
Subtotal
$0
$0
2. Out of House Reproduction
Sheets
Each
8 1/2 X 11 Reproduction
x
$0.10
=
11 X 17 Reproduction
x
$0.25
=
$0
22 X 34 Reproduction
x
$1.30
=
$0
Vela Bond Plots
x
$2.50
=
$0
Color Plots
x
$30.00
=
$0
Color Copies
x
$1.00
=
$0
Foam Core Board
x
$10.00
=
$0
Mylar's
x
$15.00
=
$0
Subtotal $0
$0
3. Equipment Rental and Supplies
Subtotal
$0
$0
4. Miscellaneous Expenses
Mailings, Postage, Express Mail
$0
Permit Fees
$0
$0
Tolls
$0
PPE, Laboratory Analysis
$0
Subtotal
$0
$0
5. Owner's Protective Liability Insurance
Subtotal
$0
$0
Total Direct Non Salary Costs:
Total Direct Non Salary Costs Say:
$0
$0
6. SUBCONTRACTOR COSTS
$0
Subtotal
$0
Total Subcontractor Costs:
$0
PIN 8760.11
Exhibit A, Page 3
Bergmann Associates - Direct Non-Salary Costs
Village of Croton-on-Hudson, Westchester County
DESIGN SERVICES
PHASES I-VI
TOTAL
Item IA, Direct Technical
Salaries (estimated)
subject to audit
$34,936
Item IB, Direct Technical
Salaries Premium Portion
of overtime subject to
audit (estimate)
$0
Item II, Direct Non-
Salary Cost (estimated)
subject to audit
$0
Item II Direct Non-
Salary Cost (estimated)
subject to audit
(Sub-Contractor Cost)
$0
Item III, Overhead
Estimated subject to audit
1.5800
$55,199
Item IV, Fixed
Fee (negotiated)
12%
$10,900
Item II Direct Non-
$46,923
Salary Cost (estimated)
$0
subject to audit
(Sub-Consultant Cost)
Estimated Cost:
$147,958
Say:
$148,000
Heritage Landscapes
Meeker
PIN 8760.11
Exhibit A, Page 4
Bergmann Associates - Summary
Restoration of Van Cortlandt Manor Entrance
Village of Croton-on-Hudson, Westchester County
Bergmann
Principal
Project
Manager
Senior Project
Engineer
Project
Engineer
Senior
Engineer
Engineer
Design
Engineer
Senior
Environmental
Specialist
Junior
Engineer
Senior
Designer
Senior Land
Surveyor -
Licensed
Party Chief -
Unlicensed
Engineering
Technician
Engineering
Technician
Trainee
TOTAL
Restoration of Van Cortlandt Manor Entrance
Village of Croton-on-Hudson, Westchester County
GEU
RD
MK
JB/CM
PH
JB
JH/BL
DS
PIN 8760.11
IX (A)
VIII (A)
VII (A)
VI (A)
V (A)
IV (A)
III (A)
III (A)
I/II (A)
IV (N)
IV (N)
III (N)
II (N)
I (N)
N/A
$82.16
$75.05
$62.64
$54.22
$49.61
$44.46
$38.05
$47.15
$29.80
$49.87
$48.30
$34.51
$28.69
$22.24
$22.00
SECTION 1 - GENERAL
Assumptions
0.0%
0.0%
11.9%
67.1%
0.0%
0.0%
7.0%
7.0%
7.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
100.0%
1.05 PROJECT FAMILIARIZATION/MANAGEMENT
to May 2022
1.06 MEETINGS
Weekly Design Meetings
Bi-Weekly Progress Meetings (thru May 2022)
TOTALS
SECTION 1 - GENERAL
SECTION 2 - DATA COLLECTION
#VALUE!
#VALUE!
#VALUE!
#VALUE!
#VALUE!
#VALUE!
#VALUE!
#VALUE!
#VALUE!
#VALUE!
#VALUE!
#VALUE!
#VALUE!
#VALUE!
#VALUE!
#VALUE!
2.01 DESIGN SURVEY
TOTALS
SECTION 2 - DATA COLLECTION
SECTION 3 - PRELIMINARY DESIGN
0.0%
0.0%
16.4%
34.5%
0.0%
0.0%
49.1%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
100.0%
3.01 DESIGN CRITERIA
3.02 DEVELOPMENT OF ALTERNATIVES
3.03 COST ESTIMATES
TOTALS
SECTION 3 - PRELIMINARY DESIGN
SECTION 4 - ENVIRONMENTAL
Assumptions
0.0%
0.0%
13.6%
21.2%
0.0%
0.0%
7.6%
27.3%
30.3%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
100.0%
4.02 SEQRA CLASSIFICATION
Prepare Long EAF
4.03 SCREENINGS & PRELIMINARY INVESTIGATIONS
Project Submittal Package
4.04 DETAILED STUDIES AND ANALYSES
4.05 PERMITS AND APPROVALS
DEC NOIA
Noise Study/Bald Eagle review
TOTALS
SECTION 4 - ENVIRONMENTAL
SECTION 5 - RIGHT-OF-WAY
Assumptions
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
TOTALS
SECTION 5 - RIGHT-OF-WAY
SECTION 6 - DETAILED DESIGN
Assumptions
0.0%
0.0%
16.1%
33.7%
0.0%
5.6%
24.5%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
20.1%
0.0%
100.0%
6.01
6.02 ADVANCE DETAIL PLANS (ADP)
6.03 CONTRACT DOCUMENTS
TOTALS
SECTION 6 - DETAILED DESIGN
Bergmann
Principal
Project
Manager
Senior Project
Engineer
Project
Engineer
Senior
Engineer
Engineer
Design
Engineer
Senior
Environmental
Specialist
Junior
Engineer
Senior
Designer
Senior Land
Surveyor -
Licensed
Party Chief -
Unlicensed
Engineering
Technician
Engineering
Technician
Trainee
TOTAL
Restoration of Van Cortlandt Manor Entrance
Village of Croton-on-Hudson, Westchester County
GEU
RD
MK
JB/CM
PH
JB
JH/BL
DS
PIN 8760.11
IX (A)
VIII (A)
VII (A)
VI (A)
V (A)
IV (A)
III (A)
III (A)
I/II (A)
IV (N)
IV (N)
III (N)
II (N)
I (N)
N/A
$82.16
$75.05
$62.64
$54.22
$49.61
$44.46
$38.05
$47.15
$29.80
$49.87
$48.30
$34.51
$28.69
$22.24
$22.00
SECTION 7 - ADVERTISEMENT, BID OPENING, AND AWARD
Assumptions
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!
TOTALS
SECTION 7 - ADVERTISEMENT, BID OPENING, AND AWARD
MAN-HOUR SUMMARY
SECTION 1 - GENERAL
SECTION 2 - DATA COLLECTION
SECTION 3 - PRELIMINARY DESIGN
SECTION 4 - ENVIRONMENTAL
SECTION 5 - RIGHT-OF-WAY
SECTION 6 - DETAILED DESIGN
SECTION 7 - ADVERTISEMENT, BID OPENING, AND AWARD
$82.16
$75.05
$62.64
$54.22
$49.61
$44.46
$38.05
$47.15
$29.80
$49.87
$48.30
$34.51
$28.69
$22.24
$22.00
COST SUMMARY
SECTION 1 - GENERAL
$0
$0
$1,065
$5,205
$0
$0
$381
$472
$298
$0
$0
$0
$0
$0
$0
$7,420
SECTION 2 - DATA COLLECTION
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
SECTION 3 - PRELIMINARY DESIGN
$0
$0
$2,255
$4,121
$0
$0
$4,109
$0
$0
$0
$0
$0
$0
$0
$0
$10,485
SECTION 4 - ENVIRONMENTAL
$0
$0
$1,128
$1,518
$0
$0
$381
$1,697
$1,192
$0
$0
$0
$0
$0
$0
$5,916
SECTION 5 - RIGHT-OF-WAY
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
SECTION 6 - DETAILED DESIGN
$0
$0
$2,506
$4,554
$0
$622
$2,321
$0
$0
$0
$0
$0
$0
$1,112
$0
$11,116
SECTION 7 - ADVERTISEMENT, BID OPENING, AND AWARD
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$6,953
$15,398
$0
$622
$7,191
$2,169
$1,490
$0
$0
$0
$0
$1,112
$0
$34,936
GRAND TOTALS (HOURS):
AVERAGE RATES:
TOTAL DOLLARS:
Machine-extracted for search and reference — the original PDF is the authoritative version.