HomeMy WebLinkAboutCnty of Suffolk-Traffic Signal PATRICIA A. FINNEGAN
TOWN ATTORNEY
pat ricia.finnegan~,t own.southold.ny.us
KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran~'town.sou t hold.ny.us
LORI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNEY
lori.montefusco@town.southold.ny.us
JOSHUA Y. HORTON
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOV~N OF SOUTHOLD
December 12, 2005
Mr. Charles J. Bartha, P.E.,Commissioner
Suffolk County DepartmentofPublicWorks
335 Yaphank Avenue
Yaphank, NY 11980
RE: Traffic Signal Agreement @ CR 48, Middle Road @ Cox Neck
Road in Mattituck
Dear Mr. Bartha:
I am enclosing five (5) counterparts of the referenced Agreement, which
have been signed by Supervisor Horton. Also enclosed is the Living Wage
Exhibit which has also been signed by the Supervisor.
Pursuant to your letter dated August 11,2005, I am also including copies
of the required Certificate of Insurance and the Resolution pertaining to this
matter.
We would appreciate your forwarding us a fully executed original
Agreement as soon as it is available.
If you have any questions regarding the enclosed, please do not hesitate
to call me. Thank you for your attention.
Lori ~lse MOA~~
LHM/Ik
Enclosures
cc: Ms. Elizabeth Neville, Town Clerk (w/encls.)~'''~
Patricia A. Finnegan, Esq., Town Attorney (w/encls.)
Town of Southold with COS
Law Dept. No.
A~reement Location: CR 48, Middle Rd. ~, Cox Neck Rd.,
Hamlet of Mattituck
As Revised 8/03/05
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 Canter, 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 Indepandence Hill, Farmingville, NY, 11738.
TERMS AND CONDITIONS: Shall be as set forth in "Exhibit A" and "Exhibit B" attached
hereto and made a part hereof.
1N WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest date
written below:
TOWN OF SOUTHOLD
upervisor
Date
APPROVED:
B~
CHARLES J. BARTHA, P.E.
Commissioner
Date
APPROVED AS TO LEGALITY:
CHRISTINE MALAFI
Suffolk County Attorney
By:
COUNTY OF SUFFOLK
By:
Date
MARISA G. MARLETTI, ESQ. Date PAUL SABATINO li
Assistant County Attorney Chief Deputy County Executive
Town of Southold with COS Am'cement Location: CR 48, Middle Rd. ~ Cox Neck Rd.,
Hamlet of Mattituck
Law Dept. No.
As Revised 8/03/05
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 Neck Road, Itamlet of Matfltuck 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 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 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 heroin 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 from the site(s) designated herein shall be delivered to either the
DEPARTMENT or the TOWN, as directed by the Commissioner.
4. Ooeration and Maintenance:
ho
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 A~reement Location: CR 48, Middle Rd. @ Cox Neck Rd.,
Hamlet of Matfituck
Law Dept. No.
As Revised 8/03/05
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 fttmish the DEPARTMENT with one (1) set of wir'mg
diagrams for ach alteration.
6. Reoresentations and Warranties:
A. The TOWN shall enact any ordinance, order, rule or regulation necessary for the installation and
maintenance of the Devices.
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'mg
Suffolk County local preference laws and other applicable Suffolk Cotmty 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 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.
Page 2
Town of Southold with COS
Agreement Location: CR 48, Middle Rd. (~ Cox Neck Rd.,
Hamlet of Mattituck
Law Dept. No.
8. Insurance ($ee Exhibit B)
As Revised 8/03/'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 INSURANCE, (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
OCCUlTClICe.
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 LIABILITY 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 fi.om companies licensed to
do business in the State of New York.
Page 3
Town of Southold with COS
Agreement Location: CR 48, Middle Rd. @ Cox Neck Rd.,
Hamlet of Mattituck
Law Dept. No. As Revised 8/03/05
C. The County of Suffblk 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,
Hanppauge, 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 lieu of
insurance issued by insurance companies.
In the event the TOWN fails to provide the Declaration Pages or certificates of insurance or to
maintain any insurance required by this Agreement, the COUNTY may, but shall not be
required to, obtain such policies and deduct the cost thereof fi.om 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 shall not relieve or decrease the liability
of the TOWN. The TOWN shall assume all responsibility 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, contractors, agents and other
persons (the "County Indenmified Parties") from and against all liabilities, fmcs, penalties, actions,
damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys'
fees, arising out of the acts or omissions or the negligence of the Contractor in connections with the
services described or referred to in this Agreement. The TOWN shall 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 officers, officials, emploYees,
subcontractors or agents, is any, in connection with the services described or referred to in this Agreement.
Page 4
Town of Southold with COS Am'cement Location: CR 48. Middle Rd. @ Cox Neck Rd.,
Hamlet of Mattituck
Law Dept. No.
As Revised 8/03/05
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, 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 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, thi~ Agreement shall automatically be deemed terminated.
13. Mergerl 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
/aw requires that, unless specific exemptions apply, or a waiva' is granted, all employers (as defmed) under
service contracts and recipients of county financial assistance (as defined) shall provide payment of a
minhnum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually
pursuant to the terms of the Suffolk County Living Wage Law 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.
16. Child Sexual Abuse Reoorting Policy: The TOWN agrees to comply with Chapter 577, Article IV of
the Suffblk 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,
Page5
Town of $outhold with COS
A~reement Location: CR48. Middle Rd. ~ Cox Neck Rd..
Hamlet of Mattituck
Law Dept. No. As Revised 8/03/05
17. Public Disclosure Statement: The TOWN represents and warrants that the TOWN has filed with
the Comptroller of Suffolk County the verified public disclosure statement required by Suffolk County
Administrative Code Section A5-7 and shall file an update of such statement with the said Comptroller on
or before the 31 st day of January in each year of this Agreement's duration. The TOWN acknowledges that
such filing is a material, contractual and statutory duty and that the failure to file such statement shall
constitute a material breach of this Agreement, for which the County shall be entitled, upon a
determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen
percent (15%) of the amount of the Agreement.
18. Certification: The parties to this Agreement hereby certify that, other than the funds provided in
this Agreement and other valid Agreements with the County, there is no known relationship within the
third degree of consanguinity, life partner, or business, commercial, economic, or financial relationship
between the parties, the signatories to this Agreement, and any partners, members, directors, or
shareholders of five percent (5%) (or more) of any party to this Agreement.
19. Set-Off Rights: The County shall have all of its common law, equitable, and statutory rights of set-
off. These rights shall include, but not be limited to, the County'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
County with regard to this contract and/or any other contract with any County 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 County for any other reason including, without limitation, tax delinquencies, fee
delinquencies or monetary penalties relative thereto. The County shall exercise its set-off rights in
accordance with normal County practices including, in cases of set-off pursuant to an audit, the finalization
of such audit by the County agency, its representatives, or the County Comptroller, and only after legal
consultation with the County Attorney.
20. Use of County Resources to Interfere with Collective Bargaining Activities
Local Law No. 26-2003: The Contractor represents and warrants that it has read and is familiar with the
requirements of Article 1, Chapter 466 of the Suffolk County Local Laws, "Use of County Resources to
Interfere with Collective Bargaining Activities". County Contractors (as defined) shall comply with all
requirements of Local Law No. 26-2003 including the following prohibitions:
a. The Contractor shall not use County funds to assist, promote, or deter union organizing.
b. No County funds shall be used to reimburse the Contractor for any costs incurred to assist,
promote, or deter union organizing,
c. The County of Suffolk shall not use County funds to assist, promote, or deter union organizing.
d. No employer shall use County property to hold a meeting with employees or supervisors if the
purpose of such meeting is to assist, promote, or deter union organizing.
If Contractor services are performed on County property the Contractor must adopt a reasonable access
agreement, a neutrality agreement, fair communication agreement, non-intimidation agreement and a
majority authorization card agreement.
If Contractor services are for the provision of human services and such services are not to be performed on
County property, the Contractor must adopt, at the least, a neutrality agreement.
Under the provisions of Local Law No. 26-2003, 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.
Page 6
End of Text
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
Form LW-33 (consists of 1 page)
Note: Pursuant to Section 7 of Local Law No. -2002, "A Local Law to Implement Living
Wage Policy for County of Suffolk", all employers subject to the provisions of the Living
Wage Law shall submit a completed and sworn (under +penalty of perjury) Certification
of Compliance Subject to Audit form, signed by an authorized representative, as part of an
executed contract with the County of Suffolk. The complete Declaration of Compliance
form shall be made a part of any executed contract or project agreement and made
available to the public upon request.
· To certify Living Wage compliance: Return Form LW-1, Form LW-222 and Form LW-33.
Or
· To certify non-applicability of Living Wage law: Return Form LW-3.
Or
· To request and document a general living wage exemption: Return Form LW-, LW-2 and Form
LW-4
Or
· To request and document a specific living wage exemption: Return Form LW-1, LW-2 and Form
LW-5.
In the event that there is a change in circumstances, it is the Contractor's responsibility of submit
to the County additional Living Wage forms which either replace or supplement prior submissions
of Living Wage forms.
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.suffolk, nv.us
Click
Department Directory
Labor
Living Wage Law Info
Suffolk County Department of Labor 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
SUFFOLK COUNTY DEPARTMENT OF LABOR -LIVING WAGE UNIT
CERTIFICATION OF THE NON-APPLICABILITY OF THE LIVING WAGE LAW
Living Wage Law, Suffolk County Code, Chapter 347 (2001)
To Be Completed by Applicant (Employer)
1) EMPLOYER NAME: Town of Southold
2) ADDRESS: Southold Town Hall, PO Box 1179, Southold~ NY, 11971
3) CONTACT: SuoervisorJoshuaY. Horton 4) TELEPHONE#: 765-1889
5) PROJECT NAME: (IF DIFFERENT FROM #1)
6) ORIGIN OF ASSISTANCE SOUGHT: (E.G., State of County assistance program and
contracting Department).
7) AMOUNT OF CONTRACT:
9) BRIEF DESCRIPTION OF PROJECT OR SERVICE:
8: TERMS OF CONTRACT: N/A
Traffic Signal Agreement for:
CR 48, Middle Road ~ Cox Neck Road, Mattituck
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 Money 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 assistance
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
Date
ELIZABETH NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
Fax (631) 765-6145
Telephone: (631) 765-1800
southoldtown.northfork.net
RESOLUTION # (ID # 1084)
Resolution ID: 1084
Meeting: 08/30/05 07:30 PM
Department: Town Attorney
Category: Contracts, Lease & Agreements
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. (ID # 1084) OF 2005 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON August 30,
2005:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y, Horton to execute the Traffic Siclnal A(~reements between the County of
Suffolk and the Town of Southold for the installation and maintenance of traffic signals at CR 48,
Middle Road @ Cox Neck Road, Mattituck, subject to the approval of the Town Attorney.
Elizabeth A, Neville
Southold Town Clerk