HomeMy WebLinkAboutNYS DOT Decorative Light STATE OF NEW YORK
DEPARTMENt OF tRANSPORTATION
250 VETERANS {v~EMOR~AL H~GHWAY
HAUPPAUGE. N.Y. ~ ~ 78~-5~
~,ECENED
JOSEPH H. BOARDMAN
COM~V[[SSION E~
ApfiI 28, 2004
Ms. Elizabeth A. Neville
Town Clerk
Town Hall, 53095 Main Road
P.O. Box 1 t 97
Town of Southold, NY 11971
Dear Ms. Neville:
A?8 2 9 2004
PIN {}041.99.121
NY 25 3R
HIGHLAND ROAD TO 6TM STREET
SUFFOLK COUNTY
Attached for your records are copies of two executed lighting agreements between the Town of
Southold and the New York State Department of Transportation. regarding the
maintenance/energizing of proposed decorative lighting on Route 25 to be constructed as part of the
subject project. They are as follows:
1. Between Highland Road and Depot Lane, Cutchogue, Town of Southold.
2. Between Horton Lane and Boisseau Ave, Southold. Town of Southold.
If you have any questions, please contact me at 631-952-6923.
Very Truly Yours,
Elizab~t~l~ Chamakkala. P.E.
Design Project Leader
Attachments
AGREEMENT FOR MAINTENANCE, REPAlrR
AND ENERGIZING OF HIGHWAY LIGItTING for
State H~ghway Identified as Route 25
between Highland Road and Depot Lane in the Hamlet of Cutchogne
in the Town of Southotd, Suffolk Cotmtv
This Agreement made th/s tb'~ dayof Su~v ,2003, by and between the
People of the State of New York (hereinafter referred to as "STATE") acting by and through the
Con,missioner of Transportation (hereinafter referred to as "COMMISSIONF~") whose
principal office is in the Admirdstration and Engineenng Building, 1220 Washington Avenue,
State Office Campus, in the City and County of Albany, State of New York, and the TOWN OF
Southold (hereinafter referred to as "TOWN") acting by and through the SUPERVISOR whose
principal office is at Town Halt, 53095 Main road, in the Town of Southold. County of Suffolk.
State of New York.
WITNESSETH:
WHEREAS, the COMMISSIONER proposes to construct a State Highway pursuant to
the New York State Highway Law, such highway being identified as Route 25 between Highland
Road and Depot Lane, in the Hamlet of Cutchogue as part of a project identified as PIN 0041.99.
County of Suffolk within the geographical jur/sdiction of the TOWN. and
WHEREAS, it is recognized by the TOWN and the COMMISSIONER that the STATE
does not have the funds available to maintain, repair and energize a lighting system for such
highway, and
WI:IEREAS, the TOWN desires to have lighting on and along such highway within the
geographical jurisdiction of the TOWN, and
WHEREAS, it is recognized by the TOWN and the COMMISSIONER that if the TOWN
desires to have lighting on or along such highway within the geographical jurisdiction of the
TOWN. the TOWN will have to provide components as identified below, maintain, repair and
energize such lighting at its own expense, and
WHEREAS, the TOWN, by Resolution number ~29 adopted at a
meeting held on 2u~¥ 15~ 2003 approved the above-identified project and the terms and
provisions of the Agreement and has further authorized the Supervisor of the TOWN
to execute this Agreement on behalf of the TOWN.
(Copy of such Resolution is attached, and made a part of this Agreement), and
WHEREAS. the TOWN and the COMMISSIONER are desirous of identifying the
respective responsibilities of the parties with regard to the highway lighting system,
-3-
NOW, THEREFORE, in consideration of the mutual promises and benefits moving to the
parties, it is agreed as follows, viz:
1. The TOWN shall provide the following items in connection with a highway lighting
system on the above-identified highway:
a. Light standards and mounting hardwares
b. Luminaires. wiring, ballasts and all other components necessary to complete the
highway lighting system
2. The COMMISSIONER shall provide for the furnish/ng and placing of the
following items in connection with a highway lighting system on the above-identified highway:
a. Underground duct system, including conduit, pullboxes, hand holes, and
drainage pockets.
b. Foundation for light standards.
All of the items identified in 1 and 2 shall be and continue to be the property of the State of New
York.
3. Upon completion of the construction of the aboveqdentified highway lighting
system, the TOWN shall, at its own expense, maintain the lighting system on or along such
highway. Such maintenance shall include, but not be limited to:
a. Repair of equipment which may be damaged from any cause whatsoever.
b. Replacement of equipment which may be damaged from any cause whatsoever,
such replacement material to be of equal character to the replaced eqmpmenr.
c. Furnishing electric current for the lighting system during the customary night
hot, rs of each day of the year, at no cost or obligation to the STATE.
d. Pole attachment fees are the responsibility of the TOWN. Payment
of such fees are to be made in accordance with the current Pole Attachment
Agreement between NYSDOT and the utility company(s) involved.
The TOWN shall continue to maintain the lighting system for a period of I0 years or until such
time as the COMMISSIONER. in his discretion, determines that such lighting and/or
the maintenance of such lighting system is no longer necessary for such State Highway.
-2-
In the event the TOWN. without the prior consent of the COMMISSIONER. discontinues the
energ/zing or discontinues payment for the energizing of the highway lighting system, which
results in the State being required to pay the Federal Government any moneys, as a penalty or
otherwise, the TOWN, upon notification by the COMMISSIO~ of such requ/rement to pay,
shall reimburse the STATE the amount of such required payment.
Further, it is expressly understood that the TOWN shall indemrfify and save harmless the STATE
from claims, suits, actions, damages and costs of every name and description resulting from the
discontinuance of the energizing or the discontinuance of payment for energizing of the lighting
system by tine TOWN.
4. The COMMISSIONER or his representative m~ty periodically inspect the highway
lighting system provided and installed under the above identified project number to ascertmn that
the lighting system is being maintained in accordance with the terms of this Agreement and in
condition satisfactory to the COMMISSIONER. The COMMISSIONER shall, in writing, notify
the TOWN of any observed deficiencies, listing such deficiencies. Within thirty (30) days of
receipt of such notification, the COMMISSIONER or his representative shall arrange for a
meeting to be held with the authorized representative of the TOWN. At such meeting the
COMMISSIONER or his representative and the authorized representative of the TOWN shall
discuss the means required to remedy the noted deficiencies. Based on the discussion, and based
on the nature of the required remedial action, a reasonable time limit shall be mutually
established by the COMMISSIONER or his representative and the authorized representative of
the TOWN for the satisfactory completion of remedial action by the TOWN.
5. It is recognized by the parties hereto that failure of the TOWN to complete the
required remedial actions within the agreed upon time limit may subject the TOWN to certain
penalties. If eqtfipment supplied and installed by the STATE for the above subject lighting
system was done pursuant to a Federally-aided and Federally-re/mbursable contract, and the
TOWN falls to make remedial actions within the agreed upon time limit, no further Federally-
aided project for which the TOWN would have maintenance responsibility shall be approved
until such time as the lighting system is restored to the level and condition of maintenance
required by this Agreement. In addition, failure of the TOWN to make such remedial actions
may subject the TOWN to loss of STATE aid for other TOWN projects.
6. The TOWN agrees not to assign, transfer, convey, sublet or otherwise dispose of
this Agreement or any part thereof, or of its right, title or interest therein, or its power to execute
such agreement to any person, company, or corporation without previous consent in writing of
the COMMISSIONER. except as herein provided by Resolution attached hereto.
7. Prior to the expiration of this Agreement, the Town shall review the Agreement and determine
whether it desires to continue maintaining said lighting system for and additional 10 year period.
Lf the TOWN is desirous of having lighting for an additional 10 years, prior to the expiration of
this Agreement. the Town Board of the TOWN shall, by resolution, authorize the Supervisor of
the TOWN to enter into and execute an Agreement with the State by and through the
COMMISSIONER con~rnitting the TOWN to maintain, at its own expense, said lighting system
for a second period of 10 years. The Supervisor of the TOWN shall enter into such an
Agreement with the State prior to the term/nation of this Agreement.
If the TOWN, in its discretion, determines that it does not desire to maintain said lighting system
beyond the 10 year period established in this Agreement. it will so notify the COMMISSIONER.
If. prior to the expiration of this Agreement. the Town Board of the TOWN has not authorized
the Supervisor of the TOWN, by resolution, to execute an Agreement to maintain said highway
lighting for a second 10 year period, the TOWN shall be deemed to no longer be desirous of
mmntaining said lighting system.
Where the TOWN has no desire to maintain the lighting system for an additional 10 years, said
lighting fixtures will be removed by the STATE at the TOWN's expense, unless the STATE has
funds available to masntain, repair and energize said lighting system and the COMMISSIONER,
in his discretion, determines that such lighting is necessary for such State Highway. Upon
notification by the COMMISSIONER of the removal cost, the TOWN shall reimburse the
STATE the amount specified. The TOWN's obligation to pay the removal costs continues
beyond the expiration of this Agreement.
The cost of removal includes but is not limited to review and upgrading of roadway delineation
features, including pavement markings, and any and all penalties, fees, and/or other costs for
unamor~}zed fixtures which the STATE is required to pay the Federal Govermnent.
IN WITNESS WHEREOF, the TOWN has caused this Instrument to be signed by
its
Approved ~content:
Town ~_.~
STATE OF NEW YORK )
) SS:
COUNTY OF )
On this /,~- day of (~_~
did dispose and say that he is the No',,a,~O"i3O ~-
TOWN of -Sottthold. NY.
y.'-J6gh~a- Y~ H'orton
,2003 before me personally came
to me known, who, being by me duly sworn
of the Municipal Corporation described in
and which executed the above instrument; that he knows the seal of such Municipality; that the
seal affixed to said instrument is such corporate seal, that it was affixed by order of the
Legislative Bodyof said Municipal Corporation pursuant to a Resolution which was duly
adopted on..T~t'~-¥ 2~, .~..t andtuwhich a certified copy is attached andmadeapar~
hereof: and that he signed his name thereto by like order.
IN WITNESS WHEREOF, the STATE has caused
COMMISSIONER
Approved as to fo~
Attorney General
By:,
Assistant
Rec,0n'~nded by:
A'TTORNEY GEN
OCT 0 7 'ZOO3 be ....... cop s con ct.
Y: /(Commissioner of Transportation)
this Instrument to be signed by said
In addih0. ~, t,~ ac~,.-ptance o~ this c0n[mct,
cerlify that o 5~ ,~a 'c, c oCthi< ~i=naru
./~// Contracts B,r/reau
,Sa'ATE OF NEW
YORK
;~'~COUNTY OF ALBANY )
On this day of
personally came
· 2003 before me, the subscriber,
to me known and known to
me to be the Commissioner of Transportation of the State of New York and the same person
described in and who executed the same as Commissioner pursuant to the statute in such case
provided.
Notary Public
-5-
CONR 335-1f 9/89
APPENDIX A
STANDARD CLAUSES FOR'ALL NEW YORK STATE CONTRACTS
The parties to the attached contract, license, lease, amendment or omer agreement of any Kind
~hereinafter. "me contract" or "mis contract") agree to be bound by the following clauses which are hereby
mace a Dart of the contract (the word "Contractor" nere~n refers to any party other than the State. wnemer
a contractor, licensor. ~censee lessor lessee or any omer cartyl:
1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law. tne State shatl have
no liability under this contract to the Contractor or to anyone else beyond funds ac[~rocriated and available
for this contract.
2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law. this
contract may not be assigned by the Contractor or its rigm. title or interest therein assigneo transferred.
conveyed, SUClet or otherwise disDosed of without the previous consent, n writing, of the State and any
attempts to assign the contract without the State's written consent are null and void. The Contractor may,
however, assign its right to recewe payment without me State's prior written consent unless this contract
concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance w~tn Section 112 of the State Finance Law for if
this contract is with the State University or City University of New York. Section 355 or Section 6218 of
the Education Law), if this contract exceeds $5.000 ($20.000 for certain S.U.N.Y. and C.U.N.Y. contracts), or
if this is an amendment for any amount to a contract which, as so amendeq, exceeds said statutory amount.
or if, by this contract, the State agrees to give something other than money, it shall not be valid, effective
or binding upon the State until it has oeen approved by the State Comptroller and fi~ed in his office.
4. WORKERS' COMPENSATION BENEFITS. in accordance with Section 142 of the State Finance Law.
this contract shall be void and of no force and effect unless the Contractor shall provide and maintain
coverage during the life of this contract for the benefit of such employees as are reouired to be covered
by tr~e provisions of the Workers' Compensation Law.
5. NON-DISCRIMINATION RECIUIREt~ENT$. In accordance with Article 15 of the Executive Law (also
known as the Human Rights Law) and all other State and Federal satutory and constitutional non-
discrimination provisions, the Contractor will not discriminate against any employee or applicant for employ.
merit because of race, creed, color, sex, nationa~ 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 buitding or public work or for the manufacture, sale or distribution of materials, eauio-
merit or supplies, and to the extent that this contract shall be performed within the State of New York,
Contractor agrees that neither it nor its subcontractors sha~l, 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 inbmidate any employee hired for the eerfor-
mance of work under this contract, if this is a building service contract as defined in Section 230 of the
Labor Law. then. in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcon-
tractors shall by reason of race, creed, color, national origin, age, sex or disability; (a) discriminate in
hiring against any New York State citizen who is oualified ane available to oerform the worK: or (b}
discriminate against or intimidate any employee hired for the performance of work under this contract.
Contractor is subject to fines of $50.00 Der person per day for any violation of Section 220-e or Section
239 as well as oossible termination of this contract and forfeiture of ail moneys due hereunder for a
second or subsequent violation.
6. 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 Contractor'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 statues, exceet as otherwise provided in the Labor Law and as set forth in prevailing
wage and supplement schedules issued Dy the State Labor Department. Furthermore. Contractor and its
subcontractors 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.
7, NON-COLLUSiVE BiDDiNG REC)UIREMENT. In accordance with Section 139-d of the State Finance
Law. If this contract was awarded based upon the submission of bids~ Contractor warrants, under penalty
of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition.
Contractor further warrants that at the time Contractor submitted its bid. an authorized and responsible
person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf.
CONR 335-2f (9/89)
8. INTERNATIONAL BOYCOTT PROHIBITION. In accoreance with Section 220-f of the Labor Law and
Section 139-h of the State Finance Law. if this 8ontract exceeds $5,000, tne Contractor agrees, as a mater~a~
cond[ton of the contract, that neither me Contractor nor any substantially owned or affiliated Person, firm
3artnersh p or corporation nas participated, is participating, or shall participate in an international boycott
m violation of the federal Exoort Administration Act of 1979 ¢50 USC ADD. Sections 2401 et sec.) or regula-
tions tnereuneer. If such Contractor. or any of the aforesaid affiliates of Contractor. ~s convicted or is
otherwise found to have wolated said laws or regulations ucon the final determination of the United States
Commerce Departmem or any other appropriate agency of the United States subsecuem to the contract's
execution, such contract, amenoment or modification thereto shall be rendered forfeit and void The
Contractor shell so notify the State Comotraller within five (5) business days of such conviction, deter.
ruination or diSDosition of aooea ~2 NYCRR 105.4)
9. SET. OFF RIGHTS. The State shall nave all of its common law. eeuitable and statutory rights of
sot-off. These rights shall include. DUt not De limited to. the State's option to withhold for the purposes
of set-off any moneys oue to the Contractor under this contract uo to any amounts cue and owing to the
State with regard to this contract, any other contract with any State deoartment or agency, including any
contract for a term commencing prior to the term of this contract, plus any amounts aue an~ owing to
the State for any other reason including, without limitation, tax delinquencies, fee delinouencles or monetary
penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State erac-
hces including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency,
its representatives, or the State Comptroller.
10. RECORDS. The Contractor shall establish and maintain comptete and accurate books, records.
documents, accounts and other evidence directly pertinent to oerformance under this contract [hereinafter.
collectively "the Records"). The Records must be kept for the balance of the calendar year in which they
were made and for six (6) additional years thereafter. The State Comptroller. the Attorney General and any
other person or entity authorized to conduct an examination, as well as the agency or agencies involved
in this contract, shah have access to the Records during norma~ business hours at ar~ office of the Con-
tractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable
venue within the State. for the term specified above for the purposes of inspection, auditing and copying.
The State shall take reasonable steps to protect from public disclosure any of the Records which are
exempt from disclosure unoer Section 87 of the Public Officers Law (the "Statute") provided that: (ii the
Contractor shall timely inform an appropriate State official, in writing, that said records should not be
disclosed: and (ii) said records shall be sufficiently identified: and (iii) designation of said records as
exemot under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely
affect, the State's right to discovery in any pending or future litigation.
11. ~DENTIFY~NG iNFORMATiON AND PRIVACY NOTiFiCATiON:
(a) FEDERAL EMPLOYER IDEN?IFICATtON NLI~IBER andlor FEDERAL SOC~AL SECUR]~
NU~ER.
A~I ~nvoices or New York State standard vouch~m submitted for payment for the sale of goods or
se~ces or the ~ease of real or personal prope~y to ~ New York State agency must include the
payee's identification number, i~., the sol[eCs or ~essor's identification number. The number is either
the payee's F~dera~ employer identification n~mber or ~dem[ soc~at secudty n~mber, or both such
numbers when the payee has both such n~mbers. Failure to include this number or numDere may
delay payment. Where the payee does not have such number or numbers, the payee, on his ~nvoice
or New York State standard voucher, must g~ve the reason or ressons why the payee does not have
such ~umber or numbers.
PRIYACY NOT~FICATION.
(1) The authority to request the above personal information from a sel~er of goods or se.vices
or a lessor of real or persona~ proper~y, and the authority to maintain such information, is found
in Section 5 of the State Tax Law. Disc~osura of this information by the seller or lessor to the State
is mandatory. '{'he principal purpose for which the information is co]~ected is to enable the State
to identify individuals, businesses and others who have been delinquent in filing tax returns or
may have understated their tax ~iab[lities and to generally idantify persons affected by the taxes
administered by the Commissioner of Taxation and Finance. The information will be used for tax
administration purposes and for any other purpose authorized by law.
(2) The Dersonal information is requested by the purchasing unit of the agency contracting to
purchase the goods or services or tease tho real or personal property covered by this contract or
lease, The information is maintained in New York State's Central Accounting System by the D~rec-
tar of State Accounts, Office of the State Comptroller, AESOB, Albany, New York 12236.
CONR 335-3f f91891
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR i~INORITIES AND WOi~EN: n accoraance with
Section 312 of the Executive Law. if this contr, ac[ is: , a written agreemem or ~ urcnase oreer ~ns[rumem
prowomg for a total expenditure in excess of $25.000.00. wnereey a contracting agency is comm~ttec [o
exeend or does exDene funds in return for labor, services, sueplies equipment, materials or any comelna-
tlor~ of tne foregoing, ro De eerformed for. or rendered or furnished to ~ne contracting agency: or ii a
wrlr[en agreement in excess of $100,000.00 whereby a contracting agency ~s commltzea to exeeno or aces
exeend funds for the acquisition, construct~or demolition, re 31acement major rebait or renovation of rea
property and ~morovements thereon: or (iii) a written agreement in excess of $100.000.00 whereb~ the owner
of a State asslstec housing 3roject is committed to expene or opes exDene funds for the acquisition
Construction. demolitior replacement, major repair or renovation of rea propert) aha improvements mereon
for SUCh project, then:
la~ The contrac[or will not discriminate against emD[oyees or aDD[ioants for employment because
of race. creed, color, national or,gin, sex. age, disability or marital status, and wil undertake or
continue ex~sting programs of affirmative action to ensure that minority groue members and women
are afforded equal employmem opportunities without discrimination. Affirmative action shall mean
recruitment, employment, ich assignment, promotion, upgradings, demotion, transfer, layoff or
termmauon and rates of pay or other forms of compensation:
(b} at the request of the contracting agency, the Contractor shall request each employment agency,
labor umon. or authorized representative of workers with which it has a collective bargamng or
other agreement or understanding, to furnish a written statement that SUCh employment agency,
labor union or representative will not discriminate on the basis or race, creed, color, national origin,
sex. age, disability or marital status and that such union or representative will affirmatively cooperate
in the tmplementation of the contractor's obligations herein; and
lc) the Contractor shall stare, m all solicitations or advertisements for employees, that, in the
performance of the State contract, all qualified applicants will oe afforded ecual employment
opportunities without discrimination because of race, creed, color, national origin, sex, age, disability
or marital status.
Contractor will include the provisions of "a", "b" and "c'; above, in every subcontract over $25.000.0g for
the construction demolition, replacement, major reeam renovation, planning or design of real erooerty
and Improvements thereon fthe "Work") except where the Work is for the beneficial use of the Contractor.
Section 312 does not apply to: ii) work. goods or services unrelated to this contract: or (ii) employment
outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall
consider compliance by a contractor or subcontractor with the reau~rements of any federal law concerning
equal employment opportunity which effectuates the Dur3ose of his section. The contracting agency shal~
determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with
any such federal law and if such duplication or conflict exists, the contracting agency shall waive the
applicability of Section 312 to the extent of such duplication or condict. Contractor will comply with
du~y promulgated and lawfu~ ru~es and regulations of the Governor's Office of Minority and Women's Business
Development pertaining hereto.
13. CONFL~CTINGTER~$. In the event of a cenflict between the terms of the contract fincluding any
and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this
Appendix A shall control
14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York exceet
where the Federal supremacy clause reeuires otherwise.
15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment
shall be governed by Article XI-A of the State Finance Law to the extent recuired by law.
18. NO ARBITRATION. Disputes involving this contract including the breach or alleged breach thereof.
may not be submitted to binding arbitration fexcept where statutorily authorized', but must. instead. De heard
in a cour~ of competent jurisdiction of the State of New York.
17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice
Law & Rules ("CPLR'), Contractor hereby consents to service of process upon ~t be registered or certified
mail return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of
process or UDOn the State's receipt of the return thereof by the United States Postal Service as refused
or undeliverable. Contractor must promptly notify the State. in writing, of each and every change of
address to which service of erocess can be made. Service by the State To the last known address shall
be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which
to respond.
August 1989
TOWN
REGISTRAR OF VITAL STATISTICS
M~vR~AGE OFFICER
RECOt~DS M-~NAGE~ENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Mak~ Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 755-1800
sou~holdtown.nor~hfork.ne~
OFF]~CE OF T~ TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 429 OF 2063
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON 3ULY 15. 200g:
WHEREAS, the State of New York Department of Transportation proposes to construct a State
H/ghway identified as Route 25, between Highland Road and Dc'pot Lane as part of a project
identified as PINO041.99, in the Hamlet of Cutchogue, County of Suffolk witb/n the
geograph/cal jurisdiction oft he TOWN of Southold, and
WHEREAS, the TOWN of Southold approves of such project and desires to have a highway
Iighting system on such highway within its geographical jurisdiction, and
WI:IEREAS, the Town of Southold has agreed to provide as a part of the project the following
items in counection with a street lighting system:
1~ Light standards and mounting hardwares
2. Lum/naries, wiring, ballasts and all other components necessary to complete the
highway lighting system
WHEREAS, the State of New York has agreed to provide as a part of the project the follow/rig
items in cormection w/th a street lighting system:
1. Underground duct system, including conduits, pull boxes, hand holes, and drainage
pockets.
2. Foundation for light standards.
All of the above-identified items shall be and continue to be the property of the State of New
York~
Provided that the Town of Southold agrees to maintain, repair and energize such highway
lighting system for a per/od of 10 years or until such time as the Commissioner, in bSs discretion,
determines t2~at such lighting and for maintenance of such lighting system is no longer necessary
for such Highway.
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Southold hereby approves of the above-
sub,eot pro.~eet; and it is hereby further
RESOLVED. that the Town of Southold shall provide components as identified above,
maintain, repair and energize such high~vay lighting system, and it is hereby further
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs
Suvervisor Joshua Y. Horton to enter into and execute an Agreement with the State of New
York and through the Commissioner of TransportaOon to commit the TOWN of Southold
to m~finta~, at its own expense~ the lighOng system on the above-identified project, such
agreement to provide that the mahntenance shall include the repair and replacement of equipment
and the fur~stfing o£electfic current for the lighting system, and it is hereby farther
RESOLVED that the Town Clerk of the Town of Southold is hereby authorized and directed
to transmit five (5'} certh~ed copies of the foregoing resolution to the State Department of
Trans¢ortation.
Elizabeth A. Nev~le
Snuthold Town Clerk
AGREEMENT FOR MAINTENANCE~ REPAIR
AND ENERG][Z[NG OF H~GHWA¥ Lt[GHT~NG for
State H~ghwavt[dentified as Route 25
between Horton Lane and Boisseau Avenue
the Town of Sonthold, Suffolk Count?
Th~s Agreement made this 8th day of December ,2003, by and between the
People of the State of New York (hereinafter referred to as "STATE") acting by and through the
Commissioner of Transportation (hereinafter referred to as "COMMISSIONER") whose
principal office is in the Administration and Engineering Building, 1220 Washington Avenue,
State Office Campus, in the City and County of Atbany, State of New York, and the TOWN OF
Southold (hereinafter referred to as "TOWN") acting by and through the SUPERVISOR whose
principal o£~5ce is at Town Hall, 53095 Main road, in the Town of Southold, County of Suffotk,
State of New York.
W2TNESSETH:
WI-IEREAS. the COMMISSIONER proposes to construct a State Highway pursuant to
the New York State Highway Law, such highway being identified as Route 25 between Horton
Lane and Boissean Avenue as part of a project identified as PIN- 0041.99, County of Suffolk
within the geographical jurisdiction of the TOWN, and
WHEREAS, it is recognized by the TOWN and the COMMISSIONER that the STATE
does not have the funds available to maintain, repair and energize a lighting system for such
highway, and
WHEREAS, the TOWN desires to have lighting on and along such highway within the
geographical jurisdiction o£the TOWN, and
WHEREAS, it is recogrfized by the TOV~rN and the COMMISSIONER that if the TOWN
desires to have lighting on or along such highway with/n the geographical jurisdiction of the
TOWN, the TOWN will have to maintain, repair and energize such lighting at its own expense,
and
WHEREAS, the TOWN, by Resolution number 430 of 2003 adopted at a
meeting held on Ju~y 75, 2003 approved the above-identified project and the terms and
provisions of the Agreement and has further authorized the Supervisor of the TOWN
to execute this Agreement on behalf of the TOWN.
(Copy of such Resolution is attached and made a part of this Agreement), and
WHEREAS, the TOWN and the COMMISSIONER are desirous of identifying the
respective responsibilities of the parties with regard to the highway lighting system,
-1-
NOW, THEREFORE, in consideration of the mutual promises and benefits moving to the
parties, it is agreed as follows, viz:
I. The COMMISSIONER shall provide for the furnishing and placing of the follov, dng
items in connection with a highway hghting system on the above-identified highway:
a. Underground duct system, including conduit, pullboxes, hand holes, and
drainage pockets.
b. Foundation for light standards.
c. Light standards
d. Luminaires, wiring, ballasts and all other components necessary to complete
the highway lighting system
All of the above-identified items shall be and continue to be the property of the State of New
York.
2. Upon completion of the construction of the above-identified highway lighting
system, the TOWN shall, at its own expense, maintain the lighting system on or along such
highway~ Such maintenance shall include, but not be limited to:
a. Repair of equipment which may be damaged fi:om any cause whatsoever.
b. Replacement of eqmpment which may be damaged from any cause whatsoever,
such replacement material to be of equal character to the replaced equipment.
Furnishing electric current for the lighting system during the customa,'3, night
hours of each day of the year, at no cost or obligation to the STATE.
d. Pole attachment fees are the responsibility of the TOWN. Payment
of such fees are to be made in accordance with the current Pole Attachment
Agreement between NYSDOT and the utility company(s) involved.
The TOWN shall continue to maintain the lighting system for a period of I0 years or until such
time as the COMMISSIONER, in his discretion, determines that such lighting and/or
the maintenance of such lighting system is no longer necessary for such State Highway.
-2-
Ln the event the TOWN, without the prior consent of the COMMISSIONER, discontinues the
energ/zing or discontinues payment for the energizing of the h/ghway lighting system, which
results in the State being mqu/red to pay the Federal Government any moneys, as a penalty or
otherwise, the TOWN, upon notification by the COMMISS][ONER of such requirement to pay,
shall reimburse the STATE the amount of such required payment.
Further, it is expressly understood that the TOWN shall Indemnify and save harmless the STATE
from claims, suits, actions, damages and costs of every name and description resulting from the
discontinuance of the en~rg/zing or the discontinuance of payment for energizing of the lighting
system by the TOWN.
3. The COMMISSIONER or his representative may periodically inspect the
highway lighting system provided and installed under the above identified project number to
ascc~ctain that the lighting system is being maintained in accordance w/th the terms of th/s
Agreement and in condition satisfactory to the COMMISSIONER. The COMMISSIONER
shall, in writing, notify the TOWN of any observed deficiencies, listing such deficiencies.
Within thirty (30) days of receipt of such notification, the COMMISSIONER or his
representative shall arrange for a meeting to be held with the authorized representative of the
TOWN. At such meeting the COM2MISSIONER or his representative and the authorized
representative of the TOWN shall discuss the means requ/red to remedy the noted deficiencies.
Based on the discussion, and based on the nature of the required remedial action, a reasonable
time limit shall be mutually established by the COMIVflSSIONER or his representative and the
authorized representative of the TOWN for the satisfactory completion of remedial action by the
TOWN.
4. It is recognized by the parties hereto that lSailure of the TOWN to complete the
required remedial actions within the agreed upon time 1/mit may subject the TOWN to certain
penalties. Ifequipmem supplied and installed by the STATE for the above subject lighting
system was done pursuant to a Federally-aided and Federally-reimbursable contract, and the
TOWN fails to make remedial actions within the agreed upon time 1/mit, no further Federally-
aided project for which the TOWN would have maintenance responsibility shall be approved
until such time as the lighting system is restored to the level and condkion of ma'mtenance
required by this Agreement. In addition, failure of the TOWN to make such remedial actions
may subject the TOWN to loss of STATE aid for other TOWN projects.
5. The TOWN agrees not to assign, transfer, convey, sublet or otherwise dispose of
this Agreement or any part thereof, or of/ts right, title or interest therein, or its power to execute
such agreement to any person, company, or corporation without previous consent in writing of
the COMMISSIONER, except as herein prov/ded by Resolution attached hereto.
-3-
6. Prior to the expiration of this Agreement, the Town shall review the Agreement and determine
wheth~ it desires to continue ma/ntaining said lighting system for and additional 10 year period.
If the TOWN is desirous of having light/rig for an additional i0 years, prior to the expiration of
tiffs Agreement, the Town Board of the TOWN shall, by resolution, authorize the Supervisor of
the TOWN to enter into and execute an Agreement with the State by and through the
COMMISSIONER committing the TOWN to maintain, at its own expense, said lighting system
for a second period of 10 years. The Superv/sur of the TOWN shall enter into such an
Agreement with the State prior to the termination ofth~s Agreement.
If the TOWN. in its discretion, determines that it does not desire to maintain said lighting system
beyond tlie 10 year period established in th/s Agreement, it will so notify the COMMISSIONER.
If, prior to the expiration of this Agreement. the Town Board of the TOWN has not authorized
the Supervisor of the TOWN, by resolution, to execute an Agreement m maintain said inghway
lighting for a second I0 year period, the TOWN shall be deemed to no longer be desirous of
ma/ntainmg said lighting system.
Where the TOWN has no desire to maintain the lighting system for an additional 10 years, said
lighting fixtures w/Il be removed by the STATE at the TOWN's expense, unless the STATE has
funds available to maintain, repmr and energize said lighting system and the COMMISSIONER,
in his discretion, determines that such lighting is necessary for such State Highway. Upon
notification by the COMMISSIONER of the removal cost, the TOWN shall reimburse the
STATE the amount specified. The TOWN's obligation m pay the removal costs continues
beyond the expiration of tins Agreement.
The cost of removal includes but is not limited to review and upgrading of roadway delineation
features, including pavement markings, and any and all penalties, fees, and/or other costs for
unamortized fixtures winch the STATE is req~fired to pay the Federal Govermnent.
-4-
IN WITNESS WHEREOF, the TOWN has caused this Instrument to be signed by
ks Supervisor
Appro~lTas to~,~fo, crm and content: TOWN ?f Southold
STATE OF NEW'YORK
) SS:
COUNTY OF
On this 8 th day of December ,2003 before me personally came
Joshua Y. ,orton to mc known, who, being by me duly sworn
did dispose and say that he is the Supervisor of the Municipal Corporation described in
and which executed the above instrument; that he knows the seal of such Municipality; that the
seal affixed to said instrument is such corporate seal, that it was affixed by order of the
Legislative Body of said Municipal Corporation pursuant to a Resolution which was duly
adopted on July 1 S, 201)3 and to which a certified copy is attached and made a pax
hereof: and that he signed his name thereto by like order.
N~tarv pub,lc, State of N~. Ym'k ot~o~ ~bli~
IN WITNESS WHEREOF, the STAT~g.s~.cau~d th/s Instrument to be signed by said
COMMISSIO~ of ~, .... ·
Approved as to 3 , ',-- - '~ ....
Attorney General
By:
Assistant Attorney
The People of the State of New York
Recommended by:
Contracts Bureau
STATE OF NEW YORK
COUNTY OF ALBANY
On this
personally came
)
) s[
)
day of
,2003 before me, the subscriber,
to me known and known to
me to be the Commissioner of Transportation of the State of New York and the same person
described in and who executed the same as Commissioner pursuant to the statute in such case
pmv/ded.
-5-
Notary Public
CONR 335-1f [9/89~
APPENDIX A
STANDARD CLAUSES FOR'ALL NEW YORK STATE CONTRACTS
The parties to the attached contract, license, lease, amendment or other agreement of any kind
(hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby
maee a part of the contract (the word "Contractor" herein refers to any par[y other than the State. whether
a contractor, licensor, licensee, lessor, lessee or any other party):
1. EXECUTORY CLAUSE, In accordance with Section 41 of the State Finance Law, the State shall have
no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available
for this contract.
2. NON-ASSaGNE~ENT CLAUSE. in accordance with Section 138 of the State Finance Law. this
contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred.
conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any
attempts to assign the contract without the State's written consent are null and void. The Contractor may,
however, assign its right to receive payment without the State's prior written consent unless this contract
concerns Certificates of Participation oursuant to Article 5-A of the State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law lot. if
this contract is with the State University or City University of New York, Section 355 or Section 6218 of
the Education Law), if this contract exceeds $5,000 ($20.000 for certain S.U.N.Y. and C.U.N.Y. contracts), or
if this is an amendment for any amount to a contract which, as so amended: exceeds said statutow amount.
or if, by this contract, the State agrees to give something other than money, it shah not be valid, effective
or binding upon the State until it has been approved by the State Comptroller and filed in his office.
4, WOR~(ERS' COMPENSATION BENEFITS. ~n accordance with Section 142 of the State Finance Law.
this contract shaIl be void and of no force and effect unless the Contractor shah provide and maintain
coverage during the {ifa of this contract for the benefit of such employees as are required to be covered
by the provisions of the Workers' Compensation Law.
5. NON-DISCR~IINAT~ON REQUIREMENTS, in accordance with Article 15 of the Executive Law (also
known as the Human Rights Law) and all other State and Federal satutory and constitutional non-
discrimination provisions, the Contractor will not discriminate against any employee or applicant for employ-
ment because of race, creed, color, sex, national origin, age. disability or marita~ 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 or for the manufacture, sate or distribution of materials, equip-
ment or supplies, and to the extent that this contract shall be performed within the State of New York,
Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, disability,
sex or national origin: (a) discriminate in hiring against any New York State citizen who is eualified and
available to perform the work; or (b) discriminate against or intimidate any emp[oyee hired for the perfor-
mance of work under this contract, if this is a building service contract es defined in Section 230 of the
Labor Law, then, in accordance with Section 239 thereof. Contractor agrees that neither it nor its subcon-
tractors shall, by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in
hiring against any New York State citizen who is quaIified and available to perform the work: or
discriminate against or intimidate any employee hired for the performance of work under this contract.
Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section
239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a
second or subsequent violetion.
B. WAGE AND HOURS PROVISiON$. IfthisisapublicworkcontractcoveredbyArticleSoftheLabor
Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the
emp[oyees of its subcontractors may be required or permitted to work more than the number of hours or
days stated in said statues, 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. Contractor and its
subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements,
inc]uding the pram,urn rates for overtime pay, as determined by the State Labor Department in accordance
with the Labor Law.
7. NON-COLLUSiVE BiDDiNG REGU1REMEN'r. In accordance with Section 139-d of the State Finance
Law. if this contract was awarded based upon the submission of bids. Contractor warrants, under penalty
of perjury, that its bid was arrived at independently end without collusion aimed at restricting competition.
Contractor further warrants that at the time Contractor submitted its bid, an authorized and reseonsible
person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf.
CONR 335-2f (9/89)
8. INTERNATIONAL BOYCOTT PROHIBtTION. In accordance with Section 220-f of the Labor Eaw'and
Section 139-h of the State Finance Law, if this ~ontract exceeds $5,000. the Contractor agrees, as a material
conditon of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm
partnershiu or corporation has participated, is participating, or shah participate in an international boycott
in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regula-
tions thereunder, if such Contractor, or any of the aforesaid affiliates of Contractor. is convicted or is
otherwise found to have viotated said ,awe or regulations upon the final determination of the United States
Commerce Department or any other appropriate agency of the United States subseauent to the contract's
execution, SUCh contract, amendment or modification thereto shall ~e rendered forfeit and void. The
Contractor shall so notify the State Comptroller within five (51 business days of such conviction, deter-
mination or disposition of appeal (2 NYCRR 105.4)
9. SET-OFF RIGHTS. The State shall have all of its common law. eeuitable and statutory rights of
set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes
of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the
State with regard to this contract, any other contract with any State department or agency, including any
contract for a term commencing prior tO the term of this contract, plus any amounts due and owing to
the State for any other reason including, without limitation, tax delinquencies, fee delineuencies or monetary
penalties reOative thereto. The State sha~l exercise its set-off rights in accordsnce with normal State ~rac-
rices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency,
its representatives, or the State Comptrelle~
10. RECORDS. The Contractor shall establish and msintain complete and accurate books, records,
documents, accounts and other evidence directly pertinent to performance under this contract ~hereinafter,
collectively "the Records"). The Records must be kept for the balance of the calendar year in which they
were made and for six (6] additional years thereafter. The State Comptroller, the Attorney General and any
other person or entity authorized to conduct an examination, as wadi as the agency or agencies involved
in this contract, shell have access to the Records during norma~ business hours at an office of the Con-
tractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable
venue within the State, for the term specified above for the purposes of inspection, auditing and copying.
The State shall take reasonable steps to protect from public disclosure any of the Records which are
exempt from disclosure under Section 87 of the Public Officers Law [the "Statute") provided that: (i) the
Contractor sha]~ timely inform an appropriate State official in writing, that said records should not be
disclosed; an: (ii) said records shah be sufficiently identified: and (iii) designation of said records as
exempt under the Statute is reasonable. Nothing contained herein shal~ diminish, or in any way adversely
affect, the State's right to discovery in any pending or future ~itigation.
11. IDENTIFYING INFORMATION AND PRIYACY NOTIFICATION:
(e) FEDERAL EMP~YER ~DENT~FICATION NUMBER endior FEDERAL SOCIAL SECURITY
A~ ~nvo~ces or New York State standard veuch~ su~mffted far payment for the sale of goo~s or
se~ces or the ~ease of rea~ or persona~ prope~y to a New York State agency must inc}ude the
payee's ident[f[cat}on number, ~, the se~er's or ~essor's ~dent~fication number. The n~mber ~s either
the payee's ~dera~ employer ~dent~ficat~on number or F~dere~ soc~a~ security number, or both such
num~ when the payee h~s both such numbers. Fa~um to ~ncl~de this number or numbem may
delay payment. Wh~re the payee does not h~ve such number or numbers, the payee, on his invoice
or N~w York State standard voucher, must give the mason or reasons why the payee ~oes not have
PRtYACY NOTIFICATION.
(1) The authority to request the above personal information from e seller of goods or services
or a ~essor of real or personal property, and the authority to maintain such information, is found
in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State
is mandatory. The principal purpose for which the information is collected is to enable the State
to identify individua~s, businesses and others who have been delinquent in fi~ing tax returns or
may have understated their tax ~iabilities and to generally identify persons affected by the taxes
administered by the Commissioner of Taxation and Finance. The information will be used for tax
aqministration purposes and for any other purpose authorized by law.
(2) The personal information is requested by the purchasing unit of the agency contracting to
eurchase the goods or services or tease the real or personal proper~y covered by this contract or
lease. The information is maintained in New York State's Central Accounting System by the Direc-
tor of State Accounts, Office of the State Comptroller, AESOB. Albany, New York 12236.
CONR 335-3f [9/89)
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR M~NOR~TIES AND WOMEN: In accordance'with
Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument. -
providing for a tota~ expenditure m excess of $25.000.00, whereby a contracting agency is committed to
expend or c~oes expend funds in return for labor, services, supplies, equipment, materials or any combina-
tion of the foregoing, to be performed for. or rendered or fumisheP to the contracting agency; or (ii) a
written agreement in excess of St00,000.00 whereby a contracting agency is committed to expend or does
expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real
property and improvements fhereen: or (iii} a wriften agreement in excess of St00.000.00 whereby the owner
of a State assisted housing project is committed to expend or does expend funds for the acquisition,
construcfion demolition, replacement, major repair or renovation of real properly and improvements thereon
for such projecf, then:
(a~ The contractor will not discriminate against employees or applicants for employment because
of race. creed, co,or, national origin, sex, age, disability or marital status, and will undertake or
continue existing programs of affirmative action to ensure that minority group members and women
are afforded equal employment opportunities without discrimination. Affirmative action shall mean
'ecruitment. employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or
termination and rates of pay or other forms of compensation:
lb) at the request of the contracting agency, the Contractor shall request each employment agency,
~abor union, or authorized representative of workers with which it has a collective bargamng or
other agreement or understanding, to furnish a written statement that such employment agency,
labor union or representative wilt not discriminate on the basis or race, creed, color, national origin,
sex, age. disability or marital status and that such umon or reeresentative will affirmatively cooperate
in the implementation of the contractor's obligations herein; and
lc) the Contractor shall state, in all solicitations or advertisements for empreyees, that, in the
performance of the State contract, all pualified applicants will De afforded equal employment
opportunities without discrimination because of race. creed, color, national origin, sex, age, disability
or marital status.
Contractor wi~ include the provisions of "a", "b" and "c". above, in every subcontract over $25.000.00 for
the construction, demolition, replacement, major repair, renovation, planning or design of rea[ property
and improvements thereon Ithe "Work") except where the Work is for the beneficial use of the Contractor.
Section 312 does not apply to: (i) work, gooos or services unrelated to this contract: or (ii) employment
outside New York State: or (iii) banking services, insurance policies or the sale of securities. The State shah
consider compliance by a contractor or subcontractor with the requirements of any federal law concerning
equal employment opportunity which effectuates the purpose of his section. The contracting agency shall
determine whether the imposition of the requirements of the provisrens hereof duplicate or conflict with
any such federal law and if such duplication or conflict exists, the contracting agency shah waive the
applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all
duly promulgate(: and ~awful rules and regulations of the Governor's Office of Minority and Women's Business
Develoement pertaining hereto.
13. CONFLICT~NGTERMS, ~n the event of a confiict between the terms of the contract (including any
and ali attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this
Appendix A shah control
14. GOVERNING LAW. This contract shall be governed by the taws of the State of New York exceot
where the Federa~ supremacy c~ause requires otherwise,
15. LATE PAYMENT. Timeliness cf payment and any interest to be paid to Contractor for late payment
shall be governed by Article X]-A of the State Finance Law to the extent required by law.
16. NO ARBITF{AT~ON. Disputes involving this contract, including the breach or alleged breach thereof.
may not be submitted to binding arbitration (except where statutodiy authorized) but must. instead, be heard
in a court of competent jurisdiction of the State of New York.
17. SERVICE OF PROCESS. in addition to the methods of service allowed by the State Civil Practice
Law & Rules I"CPLR"), Contractor hereby consents to service of process upon it be registered or certified
mail. return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of
process or upon the State's receret of the return thereof by the United States Postal Service as refused
or undeliverable. Contractor must promptly notify the State. in writing, of each and every change of
address to which service of process can be made. Service by the State to the test known address shall
be sufficient. Contractor will have thirty (30) calendar days after service nereunoer is complete in which
to respond.
Augu~ 1989
ELIZABETH A. NEVILLE
TO. tN CLEPJ/
REGISTIL~R OF ~T~ STA~STICS
~GE O~CER
~CO~ ~AG~T O~ICE~
F~OM OF ~O~ON OF~'iCER
Town Hail, 53095 Ma/n Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldlown.nor~hfork.ne~
OFF~C~ OF T~ TO~¥1~ CL~
TOV~ OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 430 OF 2603
WAS ADOPTED AT THE REGULAR M~ETING OF THE SOUTHOLD T@~VN BOARD
ON JULY 159 2003:
WHEREAS, the State of New York Department of Transportation proposes to conslruct a State
Highway ident/fied as Route 25, Horton Lane and Boisseau Avenue as parr of a project identified
as PINO041.99, County of Suffolk, within the geographical jm-isd/ction of the Town of
Southold, and
WHEREAS, the Town of Southold approves of such project and des/res to have a l'fighway
Hght/ng system on such kdghway with/n its geograph/cal jurisdiction, and
WHEREAS, the State of New York has agreed to provide as a part of the project the following
items in connection with a street lighting system:
1. Underground duct system, including conduits, pull boxes, hand holes, and drainage pockets.
2. Foundation for ~ight standards.
3. Light standards
4. Lum/naries, wiring, ballasts and all other componems necessary to complete the h/ghway
lighting system
All of the above-identified items shall be and continue to be thc property of the State of New
York.
Provided that the Town of Southold agrees to maintain, repair and energize such highway
lighting system for a period of 10 years or until such time as the Commissioner, fit Iris
discretion, deternYmes that such lighting and for maintenance of such lighting system is no longer
necessary for such Highway.
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Southold hereby approves of the above-
subject project; and it is hereby further
RESOLVED, that the Town of Southold shall maintafit, repair and energize such highway
lighting system, and it is hereby further
RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to enter into and execute an Agreement with the State of New York
and through the Commissioner of Transportation to commit the Town of Southold to maintain, at
/ts own expense, the light'mg system on the above-identified project, such agreement to provide
that the maLntenance shalI include the repair and replacement of equipmant and the furnishing of
electric current for the lighting systc~n, and it is hereby further
RESOLVED that the Clerk of this TOWN of Southold is hereby directed to transmit five (5)
certified copies of the foregoing resolution to the State Department of Transportation.
ElLzabeth A. Neville
Southold Town Clerk