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HomeMy WebLinkAboutCounty of Suffolk-Traffic Sig. COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OFPUBLIC WORKS CHARLES J. BARTHA, P.E. COMMISSIONER MEMORANDUM TO: FROM: DATE: RE: Honorable Joshua Y. Horton, Supervisor / Martin Sidor, Deputy Supervisor Southold Town Hall - 765-1889 Madeline Jubenville, Head Clerk Public Works Traffic Division, Yaphank - 8524081 April 22, 2OO5 Executed Agreement Enclosed for Four file is an original, fully-executed Traffic Signal Agreement for the following locations: CR 48, Middle Road ~ Youngs Avenue & CR 48, Middle Road ~ Peconic Lane Enclosure SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (S31)S52-4010 335 YAPHANK AVENUE FAX(631)SS2-4150 Town of Southold with COS Agreement Location: CR 48. Middle Road @ Youngs Avenue & CR 48, Middle Road @ Peconi¢ Lane, Peconie As Revised 1/24/05 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest date written below: TOWN OF SOUTHOLD APPROVED: By: By: 30&tt;I$~I~t.ORff~['~ Martin Sidor Date CHARLES J Bi~,P E Dep. Supervisor ffr~ Commissioner~' ' APPROVED AS TO LEGALITY NOT REVIEWED AS TO EXECUTION CHRISTINE MALAFI Suffolk County Attorney MAI~SA G. Iq,~tAIY~Lg~'3I, ES~.- v ' Date Assistant County Attorney COUNTY OF SUFFOLK By:. PAUL SABATINO II Chief Deputy County Executive Town of Southold with COS A~reement Location: CR 48. Middle Road ~ Youngs Avenue & CR 48, Middle Road @ Peconic Lane, Peconic Law Dept. No. As Revised 1/24/05 ExmBIT 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 at Youngs Avenue and CR 48, Middle Road at Peconic Lane, Peeonie for the im- provement 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 Commissioner 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 ma'mtenance 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: meaning: The following terms whenever used in this Agreement shall have the following 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 bom the site(s) designated herein shall be delivered to either the DEPARTMENT or the TOWN, as directed by the Commissioner. 4. Operation and Maintenance: 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. At such time as responsibility for the operation and maintenance of the Devices is assumed 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. Page 1 Town of Southold with COS Am'eement Location: CR 48. Middle Road ~ Youngs Avenue & CR48, Middle Road ~. Peeonic Lane, Peconic Law Dept. No. As Revised 1/24/05 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. 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 from operating as designed. 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 ach alteration. 6. Representations and Warranties: A. The TOWN shall enact any ordinance, order, rule or regulation necessary for the installation and ma'mtenance of the Devices. The TOWN shall comply, and shall require its officers, directors, parhuers, 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, including Suffolk County local preference laws and other applicable Suffolk County local laws, and reso- lutions of the Suffolk County Legislature. 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 ail equipment and materials installed by the COUNTY or its permittees to the TOWN. 7. V~lafion A. In the event that the TOWN fails to ma'mtaIn 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. Page 2 Town of Southold with COS Law Dept. No. 8. Insurance (See Exhibit B) A~eement Location: CR 48. Middle Road ~ Youngs Avenue & CR 48, Middle Road ~ Peconic Lane, Peconic As Revised 1/24/05 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. The TOWN agrees to require all of its subcontractors in connection with work performed for the TOWN related to this Agreement, procure, pay the entire premium for and maintain throughout the term of this Agreement, insurance in amounts and types equal to that specified by the COUNTY for the TOWN. Unless otherwise specified by the COUNTY and agreed to by the TOWN, in writing, such insurance shall be as follows: i. COMMERCIAL GENERAL LIABILITY INSURANCE, including contractual coverage, in an amount not less than TWO MILLION AND NO/100THS ($2,000,000.00) DOLLARS per occurrence for bodily injury and TWO MILLION AND NO/100THS ($2,000,000.00) DOLLARS per occurrence for property damage. ii. AUTOMOBILE LIABILITY INSLrRANCE, (if any vehicles are used by the TOWN in the performance of this Agreement including owned, non-owned, and hired cars) in an amount not less than Five Hundred Thousand Dollars ($500,000) per person, per accident, for bodily injury and not less than One Hundred Thousand Dollars ($100,000) for property damage per OCCUrTenCC. iii. WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE, in compliance with all applicable New York State laws and regulations and DISABILITY BENEFITS INSURANCE, if required by law. The TOWN shall furnish to the COUNTY, prior to its execution of the Agreement, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law § 108, this Agreement shall be void and of no effect unless the TOWN shall provide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. iv. PROFESSIONAL LIABILYFY INSURANCE (ERRORS AND OMISSIONS), that covers any damage arising out of the TOWN'S performance of professional services caused by an error, omission, or negligent acts, in an amount not less than Two Million Dollars ($2,000,000) on either a per occurrence or claims made coverage basis. v. In the event the TOWN maintains a COMPREHENSIVE GENERAL LIABILITY INSURANCE policy form in lieu of Commercial General Liability, said policy must include all of the above requirements plus premises/operations, independent contractors, contractual, and broad form property damage. All policies providing such coverage shall be issued by insurance companies with an A.M. best rating orA- or better. All insurance shall be obtained from companies licensed to do business in the State of New York. Page 3 Town of Southold with COS Law Dept. No. C. Aereement Location: CR 48. Middle Road ~ Youngs Avenue & CR 48, Middle Road ~ Peconic Lane, Peconic As Revised 1/24/05 The County of Suffolk must be named Additional Insured and the TOWN shall furnish to the COUNTY a declaration page for each such policy of insurance, and upon request, a true and certified original copy of each such policy, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, the County of Suffolk shall be named as an additional insured and the TOWN shall furnish a Declaration page and endorsement page evidencing the County's status as an additional insured on said policy. Where work under this Agreement is sub-contracted, the TOWN must require the subcontractor to provide that the COUNTY be named as an additional insured on all required policies, as well as require the subcontractor to provide the COUNTY with all required evidence of insurance. All such Declaration Pages, certificates and other evidence of insurance shall provide for the County of Suffolk to be notified in writing thirty (30) days prior to any cancellation, non-renewal or material change in said policies. Required limits of insurance are not to be modified by deductibles that the COUNTY deems excessive without the COUNTY'S written permission. All such Declaration Pages, certificates, policies and 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, Hauppauge, New York 11788, or such other address of which the COUNTY shall have given the TOWN written notice]. If the TOWN, as a municipal corporation, has a self insurance program under which it acts as a self insurer for any of such for any such required coverage, it may provide self-funded coverage, declarations and certificates or other evidence of such self-insurance in lien of insurance issued by insurance companies. In the event the TOWN fails to provide the Declaration Pages or certificates of insurance or to nffmta'm any insurance required by this Agreement, the COUNTY may, but shah not be required to, obtain such policies and deduct the cost therefor from payments due the TOWN under this Agreement or any other Agreement between the COUNTY and the TOWN. The COUNTY will not authorize work to begin under this Agreement until all the required insurance has been obtained and said insurance has been approved and filed by the COUNTY. Approval of the insurance by the County AaH not relieve or decrease the liability of the TOWN. The TOWN shall assume all responsibihty for the insurance requirements of any applicable sub-consultants. 9. Indemnification: To the greatest extent permitted by law, the TOWN agrees that it shall protect, indemnify and hold harmless the County and its officers, officials, employees, agents and invitens from and against all liabilities, fmcs, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and costs, including reasonable attorneys' fees, and shah defend the County in any suit, including appeals, or at the County's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the TOWN, its agents, employees or subcontractors in connection with the services described or referred to in this Agreement. Page 4 Town of Southold with COS Agreement Location: CR 48. Middle Road ~ Youngs Avenue & CR 48, Middle Road ~ Peconic Lane, Peconic Law Dept. No. As Revised 1/24/05 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, includ/mg 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 thc 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 thc COUNTY. Thc COUNTY may withhold the amount of any such arroaragc or dcfauh from amounts 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. 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 offered 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 favorable 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 Suffolk County Local Law Number 32- 1980 (Chapter 386 of the Suffolk County Code). 15. Living Wage Law: 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 set forth in the Living Wage Law. Such rate shall be adjusted anmmlly pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Ulving Wage Law, the COUNTY shall have the authority, under appropriate circumstances, to terminate tiffs Agreement and to seek other remedies as set forth therein, for violations of this law. 16. Child Sexual Abuse Reporting Policy: The TOWN agrees to comply with Chapter 577, Article IV of the Suffolk County Code, entitled, "Child Sexual Abuse Reporting Policy", as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse reporting policy. Page 5 End of Text ACORD~ CERTIFICATE OF LIABILITY INSURANCE BOX E4 ~ h=q, W Cl~11FI~AYE SUPPLEMENT TO CERTIFICATE OF'LIABILI~ INS ~t2 M~. SUFFOLK COUNTY INSTALL~ TRAI:FIC '~IQNAL.5 AT ABOVE (,O~ATIOI(8, 'IIJRN80Y~NER~HIP & fllA~I~'I~,IANCE I~ 'r(]~w4 ~ II~TALLAIH)N I~ IMPORTANT If the certJfic/e holde~ is ~n ADDITIONAL INSURED, the pollcy(iee) must be eltdemed. A imenl: on ~his oerfi~e doe~ not c<mfer dgbt~ to tho ~ holder in lieu of such enclorseme~s). If SUBROGATION IS'WAIVED, subject to the tem~ and condltio~ls of I~e p~cy, Celtnll~ policie~ may require an endomement A ~;teme~t ~xl INi ~a ~ nM confer rights to the cerlificate holder in rseu of such end,~rsement(~). DI~CI. AIMER 'l'he Cerl~cite of Insumnc~ on Me rtver~e side of ~ls fee's does t~t conMituto a eofllract bellmen ~ IMuing in~urer(s), su~oriznd mprc-~w~nt~ or producer, m~l ~e ~ heidel, nor does It ~firn~My or neg~ ~mmend. md~nd o~ alter the coverage ~'orded by ~e por~es I1~ ~hereon.