Loading...
HomeMy WebLinkAboutSuff Co/DPW RT48 Traffic Lt ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 153 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 11, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with the County of Suffolk Department of Public Works for the installation of a traffic signal at County Road 48 and Cox Lane, Cutcho~ue, N.Y. as recommended by the Superintendent of Highways and Town Engineer, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CI,F. RK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 14, 2003 Re: Traffic Signal at CR48 & Cox Lane Cutchogue Charles J. Bartha, P.E., Commissioner Suffolk County Department of Public Works Attention: Traffic Division 335 Yaphank Avenue Yaphank, New York 11980 Dear Mr. Bartha: Enclosed please find the following documents in regard to the anove referenced agreement: · Town Board resolution of March I 1, 2003 · Five (5) copies of the agreement and LW-3 form signed by Supervisor Joshua Y. Horton. Should you have any questions, please call. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney Superintendent of Highways Chief of Police Solid Waste Coordinator RICHARD J. LAVALLE, P.E. CHIEF DEPUTY COMMISSIONEK COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS CHARLES J. BARTI{A, P.E. COMM I S S I ONE R LESLIE A. MITCHEL DEPUTY CO~ISSIONER February 17, 2003 Honorable Joshua Horton, Supervisor Southold Town Hall 53095 Main Road Southold, NY 11971 RE: Traffic Signal Agreement Addendum - Living Wage CR 48, Middle Road ~ Cox Lane, Hamlet of Cutchogtue Dear Supervisor Horton: Due to the recently passed Living Wage Law, the Suffolk County Department of Law has amended the Traffic Signal Agreement cover signature page under "Terms and Conditions" and prepared an exhibit attachment which is to be included with all Traffic Signal Agreements. Please indicate your acceptance of the Living Wage Exhibit attachment to the Agreement by signing page LW-3 of this exhibit (flagged). This form has been filled out for you. Only your signature is required. Please return entire package to the Suffolk County Department of Public Works (self-addressed envelope enclosed). Also, please send a copy of a Certificate of Insurance and any Resolution pertaining to the signal installation at the above-referenced location. Once these Agreements are fully executed, a copy will be returned to your office. Thank you for your cooperation. If you have any questions or require additional information, please contact William S. Shannon, P.E., Chief Engineer, Highways/Waterways at 852-4002. SUPERViSO S :~.,::iC~ ~' ~'.,V '4 OF SOU"~-!OLD CJS:mj Enclosure ~v/remrn envelope cc: Peter A. ScuIly, Deputy County Executive for Administration William S. Shannon, P.E., Chief Engineer 335 YAPHANK AVENUE /ery truly yours, Charles J. Barfl,cA, P.E. ;; ~.~ FEB 2 7 2003 SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER (631) 852-4010 FA~ (631) 852-4550 · YAPHANK, N.Y. 11980 · ~l~li,~e c~;1 - Lk:)c~I Town of Southold with COS Law Dept. No. Agreement Location: CR 48, Middle Road ~ Cox Lane, Hamlet of Cutchogue As Revised 10/25/02 AGREEMENT FOR THE INSTALLATION OF TRAFFIC CONTROL DEVICES This AGREEMENT is between the County of Suffolk ("COUNTY"), a municipal corporation of the State of New York, having its principal office at the County Center, Riverhead, New York 11901, acting through its duly constituted Department of Public Works ("the DEPARTMENT") located at 335 Yaphank Avenue, Yaphank, New York 11980-9744, and the Town of SOUTHOLD ("TOWN"), having its principal office at 53095 Main Road, Southold, NY, 1197t. TERMS AND CONDITIONS: Shall be as set forth in "Exhibit A" and "Exhibit B" attached hereto and made a part hereof and Suffolk County Living Wage Requirement Exhibit. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest date written below: TOWN OF SOUTHOLD By: JOS~.A HORTON Supervisor 2/12,t03 Date APPROVED: By: CHARLES J. BARTHA, P.E. Date Commissioner APPROVED AS TO FORM NOT REVIEWED AS TO EXECUTION ROBERT J. CIMINO Suffolk County Attorney By: COUNTY OF SUFFOLK By: MARISA G. MARLETTI, ESQ. Assistant County Attorney Date ERIC A. KOPP Chief Deputy County Executive Date Town of Southold with COS Law Dept. No. Agreement Location: CR 48, Middle Road ~ Cox Lame, Hamlet of Cutchogue As Revised 10/25/02 Exhibit A WHEREAS, the DEPARTMENT operates a program to improve traffic signals, markings, signs and the like ("Devices") in order to ensure the safe and continuous movement of traffic, and WHEREAS, the DEPARTMENT has determined that certain Devices are necessary along CR 48, Middle Road ~ Cox Lane, Hamlet of Cutchogne for the improvement of traffic conditions at the said location within the TOWN, and the TOWN accepts said determination, and WHEREAS, pursuant to Section 136 of the New York State Highway Law, the Commis- sioner of the Suffolk County Department of Public Works ("Commissioner") is empowered to erect Devices, as authorized by the County Legislature, in order to improve traffic conditions, and WHEREAS, the parties hereto desire to provide for the installation and maintenance of Devices at the aforesaid location within the TOWN for the improvement of traffic conditions, in accordance with a traffic signal plan on file with the DEPARTMENT: NOW, THEREFORE, in consideration of the individual and mutual covenants, promises and representations herein contained, the parties hereto agree as follows: 1. Definitions The following terms whenever used in this Agreement shall have the following meaning: Devices: Traffic signals and associated appurtenances. Traffic Signal Service Report: A report Of any and all work performed on the Devices. 2. Design; Installation The COUNTY shall install, at the expense of the Permit Applicant or through the COUNTY'S Capital or Operating Budget, Devices of the type, and at the location, set forth above. 3. Ownership A. Any and all Devices installed pursuant to this Agreement shall be the sole and exclusive property of the TOWN. B. Any Devices removed from the site(s) designated herein shall be delivered to either the DEPARTMENT or the TOWN, as directed by the Commissioner. Page 1 Town of Southold with COS Agreement Location: CR 48, Middle Road ~ Cox Lane, Hamlet of Cutchogue As Revised 10/25/02 AGREEMENT FOR THE INSTALLATION OF TRAFFIC CONTROL DEVICES This AGREEMENT is between the County of Suffolk ("COUNTY"), a municipal corporation of the State of New York, having its principal office at the County Center, Riverhead, New York 11901, acting through its duly constituted Department of Public Works ("the DEPARTMENT") located at 335 Yaphank Avenue, Yaphank, New York 11980-9744, and the Town of SOUTHOLD ("TOWN"), having its principal office at 53095 Main Road, Southold, NY, 11971. TERMS AND CONDITIONS: Shall be as set forth in "Exhibit A" and "Exhibit B" attached hereto and made a part hereof and Suffolk County Living Wage Requirement Exhibit. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest date written below: TOWN OF SOUTHOLD By: 3/13/03 ~ate APPROVED: By: CHARL~J~.~ BARTHA, P.E. Commissioner Date APPROVED AS TO FORM NOT REVIEWED AS TO EXECUTION ROBERT J. CIMINO Suffolk County Attorney MARISA G. MARLETTI, ESQ. Assistant County Attorney Date COUNTY OF SUFFOLK By: ~ Emc Chief Deputy County Executive Town of Soathold with COS Law Dept. No. _A~reement Location: CR 48, Middle Road ~ Cox Lane, Hamlet of Cutchogue As Revised 10/25/02 4. Operation and Maintenance A. All costs incurred in the operation and maintenance of the Devices, including any and all charges for electricity, shall be borne by the TOWN or, in the case of a Permit Signal, the Permit Applicant, until such time as responsibility for the operation and maintenance of the Devices is assumed by the TOWN. B. At such time as responsibility for the operation and maintenance of the Devices is as- sumed by the TOWN, the TOWN shall operate and maintain the Devices in accordance with the current Maintenance Specifications of the DEPARTMENT. A copy of said specifications is available upon request at the DEPARTMENT. C. In the event that the TOWN has a set of Maintenance Specifications equivalent to that of the DEPARTMENT, the TOWN may, subject to the review and approval of same by the DE- PARTMENT, use same in lieu of the DEPARTMENT'S Maintenance Specifications. D. In connection with its maintenance of the Devices, the TOWN shall provide the COUNTY with a Traffic Signal Service Report whenever and wherever a maintenance problem exists which prevents the device lkom operating as designed. E. The TOWN shall keep all local police authorities aware of the party responsible for maintenance of the Devices. The TOWN shall establish procedures that will allow maintenance contractors and/or TOWN employees to provide maintenance services for the Devices on a 24- hour basis. 5. Modification of Devices The TOWN shall not alter the signal operation or timing of the Devices without the prior written approval of the DEPARTMENT. In the event of any alteration to the signal operation or timing of the Devices, the TOWN shall furnish the DEPARTMENT with one (1) set of wiring diagrams for each alteration. 6. Representations and Warranties A. The TOWN shall enact any ordinance, order, rule or regulation necessary for the installation and maintenance of the Devices. B. The TOWN shall comply, and shall require its officers, directors, partners, trustees and other members of its governing body, as well as any personnel employed to render services under this Agreement, to comply, with all applicable rules, regulations and requirements of law, includ- ing Suffolk County local preference laws and other applicable Suffolk County local laws, and resolutions of the Suffolk County Legislature. Page 2 Town of Southold with COS Law Dept. No. Agreement Location: CR 48, Middle Road ~ Cox Lane, Hamlet of Cutchogue As Revised 10/25/02 C. The TOWN shall maintain full and complete books and records of any and all Traffic Signal Service Reports. Such books and records shall be retained for a period of seven (7) years and shall be available for inspection by the DEPARTMENT, or its duly designated representative, upon written notice during regular business hours. D. The COUNTY agrees to transfer any and all warranties and representations on all equipment and materials installed by the COUNTY or its permittees to the TOWN. 7. Violation A. In the event that the TOWN fails to maintain the Devices in accordance with the terms of this Agreement, the COUNTY, in addition to any other remedies to which it may be entitled, may withhold funds for traffic improvements within the TOWN. B. The COUNTY shall provide the TOWN with written notice of the TOWN'S failure to maintain the Devices. Such notice shall specify the particular failure. The TOWN shall be given a reasonable period of time to correct any said failure. 8. Insurance (See Exhibit B) A. The TOWN shall procure, pay the entire premium for, and maintain throughout the term of this Agreement, insurance in amounts and types specified by the COUNTY. Unless otherwise specified by the COUNTY and agreed to by the TOWN, in writing, such insurance shall be as follows: COMMERCIAL GENERAL LIABILiTY INSURANCE, including contractual coverage, in an amount not less than TWO MILLION AND NO/100THS ($2,000,000.00) DOLLARS combined single limit for bodily injury and property damage per occmTence. B. The TOWN shall furnish to the COUNTY certificates of insurance or, on request, [original] policies, evidencing compliance with the aforesaid insurance requirements. Said certificates or other evidence of insurance shall name the COUNTY OF SUFFOLK as an additional insured. All such certificates or other evidence of insurance shall provide for the COUNTY to be a certificate holder and to be notified in writing thirty (30) days prior to any cancellation, non-renewal or material change. Such certificates, policies or other evidence of insurance and notices shall be mailed to the DEPARTMENT and to the Suffolk County Risk Management and Benefit Division [700 Veterans Memorial Highway, 2nd Floor, Hanppauge, New York 11788, or such other address of which the COUNTY shall have given the TOWN written notice]. C. If the TOWN is a town or other municipal corporation and has a self-insurance program under which it acts as a self-insurer for any of such required coverage, it may provide self-funded coverage and certificates or other evidence of such self-insurance in lieu of insurance issued by insurance companies as required by subparagraphs (A) and (B) above. (See Exhibit C, if applicable). Page 3 Town of Southold with COS Law Dept. No. A~reement Location: CR 48, Middle Road ~ Cox Lane, Hamlet of Cutchogue As Revised 10/25/02 9. Indemnification To the extent permitted by law, the TOWN shall indemnify and hold harmless the COUNTY from and against all claims, costs (including reasonable attorneys' fees), losses and liabilities, of whatsoever nature, arising out of the acts or omissions or negligence of the TOWN, its officers, agents, servants or employees, in connection with the services described or referred to in this Agreement. 10. Licenses The TOWN covenants, warrants and represents that it has, and shall have throughout the term of this Agreement, and that, to the extent applicable, its employees, agents and subcontractors have, and shall have throughout the term of this Agreement, the required education, knowledge, experience and character necessary to qualify them individually for the particular duties they are to perform with respect to this Agreement (the "Services"), and that the TOWN has, and shall have, and, to the extent applicable, its employees, agents and subcontractors have, and shall have throughout the term of this Agreement, all required authorization(s), registration(s), license(s) or permit(s) [hereinafter collectively referred to as a "License"] required by State, COUNTY or local authorities for the Services. The TOWN shall forward to the DEPARTMENT a copy of its License or, if applicable, a complete list of its employees, agents and subcontractors providing Services, including names, area of License,. License numbers and copies of License(s). The TOWN shall furnish the DEPARTMENT with copies of any updates, additions or deletions to such list as the same may occur, together with copies of any new or renewal License(s). The TOWN shall immediately notify the DEPARTMENT, in writing, of any disciplinary proceedings against the holder of any License. In the event that the TOWN or such other holder of a License is no longer licensed for any one or more of the Services, the TOWN shall immediately so notify the DEPARTMENT. 11. Offset of Arrears or Default The TOWN warrants that it is not, and shall not be during the term of this Agreement, in arrears to the COUNTY for taxes or upon debt or contract and that it is not, and shall not be during the term of this Agreement, in default as surety, contractor or otherwise on any obligation to the COUNTY. The COUNTY may withhold the amount of any such arrearage or default fi:om mounts payable to the TOWN under this Agreement. 12. Termination In the event that the COUNTY assumes responsibility for the maintenance of the Devices, this Agreement shall automatically be deemed terminated. Page 4 Town of Southold with COS Law Dept. No. Agreement Location: CR 48, Middle Road @ Cox Lane, Hamlet of Cutchogue As Revised 10/25/02 13. Merger; Modification This Agreement represents the entire agreement of the parties. All previous understandings of the parties concerning the terms hereof, are merged into this Agreement. No modification of this Agreement shall be valid unless written and executed by both parties. 14. Local Law No. 32-1980 TOWN warrants and represents that TOWN has not of,f,ered or given any gratuity to any official, employee or agent of Suffolk County, New York State or any political party with the purpose or intent of, securing an agreement or securing f,avorable treatment with respect to the awarding or amending of an agreement, or the making of any determinations with respect to the performance of, an agreement, and that TOWN has read and is familiar with the provisions of Suf,f,olk County Local Law Number 32-1980. 15. Living Wage Law This contract is subject to the Liv/ng Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply, or a waiver is granted, all employers (as defined) trader service contracts and recipients of county financial assistance (as defined) shall provide payment of a minimum wage to employees (as defined) of $9 per hour w/th health benefits of at least $1.25 per hour or otherwise $10.25 per hour. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law, County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this contract and to seek other remedies as set forth therein, for violations of this law. Page 5 SUFFO'LK COUNTY DEPARTMENT OF LABOR - LIPTNG WAGE U'NIT CERTIFICATION OF ~ NON-APPLICABHJTY OF TH-E LIVING WAGE LAW Living Wage Law, Suffolk County Code, Chapter'347 (2001) To Be Completed By Applicant ( Employer 1) EMPLOYER NAME: 2) ADDRESS: To~n of 'S~uthnl rt Southol d Town Hall 53095 Main Road Southol d. NY 11971 3) 5) contracting Department). - CONTACT: Joshua Y. Norton, ~pervisor 4)TELEPHONE#: 765-t889 PROJECT NAME: ( IF DIFFERENT FRoM #1) ORIGIN OF ASSISTANCE SOUGHT: (e.g, State or County assistance program and ·Comty 7) AMOUNT OF CONTRACT: 0 8) TERM OF CONTRACT." N/A 9) Bt~)l~.1? I)E$C/RIPTIO1/~ O17 PROJECT OR SERVIClqI: Traffic Signal Agreement fo r: CR 48, Fiddle Road @ Cox Lane, Hamlet of CutChogue 10) PROJECTED EMPLOYMENT NEEDS: (attach a statement of projected needs by job classification, Under the prospective assistance, including calculation of estimated net increase. or decrease in jobs as a result of assistance). Reason Living Wage Law is not applicable: No' Foney Involved I hereby attest that the provisions of Suffolk County Local Law No. 12-2001~ the Suffolk County. Living Wage Law, are not applicable to this agency, organization, employer, contract or ass.istance applied for. I declare under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the above attestation is true and correct. Si Date Joshua Y. Horton Supervisor, Town of Soutbold Print Name & Title Vendor # k~3 ~u~olk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 9/26/02 Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 9/26102 Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No~ 12-2001, "A Local Law to Implement Living Wage Policy for the County Of Suffolk" (the "Living .Wage Law"), all RFPs, County contracts and financial assistance agreements subject to the law. shall contain the following two paragraphs or substantially equivalent language: This Agreement is subject to the Living Wage Law of-the County of Suffolk. The law requires that, unless specific exemptions apply, or a waiver is granted, all employers (as defined) under service contracts and recipients of county financial assistance, (as defined) shall provide payment of a minimum wage to employees (as defined) of $9.00 per hour with health benefits of at least $1.25 per hour or otherwise $10.25 per hour. Such rate shall be Adjusted annually pursuant to the terms of the Suffolk County Living Wage La'w, of the'County of Suffolk. - Under the provisions of the. Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. Suffolk County Local Law No. -2002, "A Local Law to Implement LMng Wage Policy for the County of Suffolk" provided for certain amendments to the Living Wage Law. Forms for Completion and/or Signature (as applicable) Suffolk County Department of Labor- Living Wage Unit Notice of Application for County Assistance (Contract) Fomi LW-1 (consists of'! page) Suffolk County Department of Labor - Living Wage Unit Certification of Compliance Foi,.ii LW-2 (consists of ~ page) Suffolk County Department of Labor- Living Wage Unit Certification of the Non-Applicability of the Living Wage Law Fo.~ LW-3 (consists of 2 pages) Suffolk County DePartment of..Labor- Living Wage Unit Request for General Living Wage Exemption Foi~ii LW-4 (consists of I page) Suffolk County Department of Labor- Living Wage Unit Request'for Specific Living Wage Exemption FotJ)~ LW-5 (consists of 2 pages) '1 of 2 pages . Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 9/26/02 Suffolk County Department of Labor - Living Wage Unit Declaration of Compliance - Subject to Audit Foi~ii~ LW-33 (consists of I page) Note: Pursuant to Section 7 of Local Law No. - 2002, "A Local Law to Implement Living Wage Policy for County of Suffolk", ail covered employers · subject to the provisions of the Living Wage Law shall submit a completed and swom (under penalty of perjury) Certification of Compliance Subject to Audit .' --form, signed-I~y an authortzed.representative, as part of an execu't'~ contract with the County of Suffolk. The complete Declaration of Compliance form shall be · made a part of any executed contract or project agrccment and made available to the public upon request. To certify Living Wage comPliance:.Retum Form L~N-1, Form LW-2 and Form LW-33. or To certify non-applicability of Living Wage law: Return Foti~i LW-3. or To request and document a general living wage exemption: Return Form LW-1, LW-2 and Fot~-~ LW-4. or To request and document a specific living wage exemption: Return Form LW-~i, LW-2 and For~-~ LW-5. In the event that there is a change in circumstances, it is the Contractor's responsibility to submit to the County additional Living Wage forms which either replace or supplement prior submissions of Living Wage fo~Jr~s. ' Living Wage Law Information Fact Sheet, text of the Local Law, Frequently . Asked Questions, Forms, and Rules and Regulations can be found on the Suffolk County web site at www. co.su~folk, ny. us ~ Department Directory Labor Living Wage Law Info suffolk County Depa~ment of rabo[ Living Wage Unit Tel. (631) 853-3808 End of Text for Suffolk County Living Wage Requirements Exhibit As Last Revised by'the Suffolk County Department of Labor on 9/26/02 2 of 2 pages