County of Westchester  
Board of Acquisition and Contract  
Meeting Minutes  
Thursday, December 30, 2021  
SPECIAL MEETING OF THE  
11:00 AM  
WebEx/CEO Conference Room A  
Michaelian Office Building  
BOARD OF ACQUISITION AND CONTRACT  
Roll Call  
Mr. Kenneth W. Jenkins, Mr. Lawrence C. Soule, and Mr.  
Benjamin Boykin  
Present:  
Attendees:  
Deputy Commissioner of Finance  
Associate Chief Deputy County Attorney  
Board of Legislators  
Board of Legislators  
Secretary BAC  
Cesar Vargas  
Tami Altschiller  
Mary Beth Gose  
Lisa Hochman  
Raymond Sculky  
Joan Cocciardi  
Assistant Secretary BAC  
Mr. Jenkins presided.  
Mr. Jenkins asked, “For the record has the Secretary to the Board gone to the reception  
area to invite any members of the public who wish to attend today’s meeting to come to  
the conference room?”  
Mr. Sculky said, "Yes, I have."  
Mr. Jenkins said, “The County Board of Acquisition and Contract is meeting pursuant  
to Chapter 417 of New York State Laws of 2021, which allows public bodies to meet and  
take action without permitting in-person public access to meetings and authorizes  
such meetings to be held remotely by conference call or similar service, provided the  
public has the ability to view or listen and that such meetings are recorded and later  
transcribed. I understand that the Budget Director wishes to speak.”  
Mr. Soule said, “The Members of the Board of Acquisition and Contract received a  
memorandum from the Commissioner of Public Works and Transportation declaring an  
emergency situation that cannot await competitive bidding.  
On January 21, 2021, your Honorable Board awarded Contract No. 20-501 for  
Infrastructure Rehabilitation, Playland Park, in Rye, New York to Niram, Inc. in the  
amount of $24,883,000.00.  
The County of Westchester, acting by and through its Department of Public Works and  
Transportation and Niram entered into a written contract, dated January 21, 2021, for  
Contract No. 20-501 Infrastructure Rehabilitation, Playland Park, Rye, New York.  
Pursuant to the Contract, Niram provided a Performance and Payment Bond, identified  
as Bond # PRF7665039, dated January 28, 2021, issued by Fidelity and Deposit  
Company of Maryland and Zurich American Insurance Company as Co-sureties.  
Your Honorable Board approved a resolution on December 23, 2021 terminating the  
Contract due to the acts of default committed by Niram under the Contract, which  
included, inter alia, the following:  
1. Niram’s refusal or neglect to supply a sufficient properly skilled work force and  
materials of a proper quantity to complete the work in accordance with the terms  
of the Contract;  
2. Niram’s failure to proceed with the Work with promptness and diligence; and  
3. Niram’s failure to comply with the NYS Labor Law and OSHA regulations creating  
safety deficiencies.  
Moreover, the County notified the Co-Sureties of Niram’s acts of default and sought to  
invoke the Bond to have the Co-Sureties fully perform and complete the Contract work.  
To date, the Co-Sureties have refused to honor their promises made to the County  
under the Bond.  
As result of the above, an emergency situation has been created because the  
infrastructure rehabilitation work for Playland Park must be properly completed before  
Playland Park’s opening day, which is scheduled on or about May 20, 2022.  
The County and the Department are unable to open or operate Playland Park without  
the infrastructure rehabilitation work being completed because the work includes, inter  
alia, providing public restrooms and food facilities for the attending public.  
Failure to replace Niram immediately with a contractor or contractors that will complete  
performance of the Contract work by the Contract completion date of April 29, 2022 will  
affect Playland Park, the public buildings and public property within the Park and the  
health and safety of the inhabitants of the County who visit the park.  
In order to ensure proper operation of the Park and to protect the health and safety of  
the public and County employees, the Department declared an emergency situation. As  
an emergency, this situation cannot await competitive bidding. The Department has  
arranged alternate contractors who can complete the Contract work forthwith and  
before the Park opens.  
The Department, following its standard emergency contract protocols, selected the firm  
of Mace Contracting Corporation, a MBE firm, 35 Portman Road, New Rochelle, New  
York 10801 to perform Contract 21-541 Emergency Infrastructure Work, Restroom  
Facilities and South Administration Building, Playland Park, Rye, New York.  
Additionally, The Department, following its standard emergency contract protocols,  
selected the firm of Worth Construction Company, Inc., 24 Taylor Avenue, Bethel,  
Connecticut 06801 to perform Contract 21-542 Emergency Infrastructure Work,  
Playland Towers, North Administration Building and West Cross Axis Food Facilities,  
Playland Park, Rye, New York.  
The emergency work for contract 21-541 includes: the completion of the rehabilitation  
of the park’s Main Restroom Facility, the completion of the reconstruction of the West  
Cross Axis Restroom Building, and, the completion of the rehabilitation of the South  
Administration Building.  
The emergency work for contract 21-542 includes: the completion of the reconstruction  
of the Playland Towers, the completion of the rehabilitation of the North Administration  
Building, and, the completion of the reconstruction of the West Cross Axis Food  
Facilities.  
As the full extent of the Emergency Infrastructure work will not be able to be  
ascertained until all existing conditions on the partially completed projects are  
quantified, the Department will at a later date submit resolutions to your Honorable  
Board requesting approval of Contracts 21-541 and 21-542.”  
Mr. Jenkins said, “I direct the Secretary to the Board of Acquisition & Contract to  
include the memo from the Commissioner of Public Works and Transportation as part  
of the minutes of today’s meeting.”  
There being no further business, the Chair declared the meeting adjourned.  
I have reviewed the foregoing minutes and have found them to be correct as written.  
Signed: Raymond Sculky, Secretary  
Dated:12/30/2021