HomeMy WebLinkAboutSCWA Road Opening Projects~*"~ RESOLUTION 2012-558
'~.~' ADOPTED DOC ID: 7992
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-558 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 3, 2012:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and
the Suffolk Count. Water Authority in connection with Highway Excavation and Road
Opening Projects within Town highways, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Kmpski Jr., Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
iGINAL
AGREEMENT
THIS AGREEEMENT (the "Agreement') dated the~:5~/day of,.~'2012, by and
between the TOWN OF SOUTHOLD (the "Town"), a municipafity duly organized and
validly existing under the laws of the State of New York, with offices located at 53095
Main Road, P.O. Box 1179, Southold, New York, 11971-0959 and the SUFFOLK
COUNTY WATER AUTHORITY ("SCWA"), a public benefit corporation duly
organized and validly existing under Title 4 of the Public Authorities Law of the State of
New York, with offices located at P.O. Box 38, 4060 Sunrise Highway, Oakdale, New
York 11769 (the Town and the SCWA are hereinafter referred to, .jointly, as the
"Parties").
WITNESSETH
WHEREAS, pursuant to Section 64 of the Town Law and Section 1078 of the Public
Authorities Law, the Parties are empowered to enter into agreements for the performance
of their respective functions, powers and duties; and
WHEREAS, by Resolution No. 2012-558, duly adopted at its meeting on July 3, 2012,
the Town Board authorized the Town to enter this Agreement with the SCWA to waive
the Highway Excavation Permit Process (Chapter 237, entitled "Streets and Sidewalks,")
subject to the terms set forth herein; and
WHEREAS, the Parties have determined that it is in their best interests to enter into this
Agreement setting forth the terms, provisions, covenants and conditions with respect to
the highway excavation permit process and road opening within the Town of Southold.
NOW THEREFORE, in consideration of the terms, provisions, covenants and
conditions more fully set forth below, the Parties agree as follows:
1. Term of Agreement.
The term of this Agreement shall commence on the date hereof and shall
expire upon written notice given pursuant to Paragraph 1 (b) hereof.
Each Party has the absolute right to terminate this Agreement at any time
by written notice to the other sent no fewer than ten (10) days in advance
of the termination date identified in a notice set forth pursuant to
Paragraph 6 hereofi
2. Town Responsibilities.
The Town shall adopt a resolution waiving all highway excavation permit
requirements as set forth in Chapter 237 and to issue a standing excavation/road
opening permit to SCWA, conditioned upon SCWA's compliance with the terms of
this Agreement.
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3. SCWA Permitted Actions and Responsibilities.
SCWA shall be permitted to conduct highway excavation for the purpose of
installing, maintaining, repairing, and/or replacing water mains and appurtenances for
the purposes of supplying, delivering, and transmitting water for public water supply
purposes throughout the Town of Southold without obtaining a highway excavation
permit from the Town Superintendent of Highways. For each individual highway
excavation project, the SCWA shall:
a. Abide by the rules and regulations set forth in Chapter 237, entitled
"Streets and Sidewalks," of the Southold Town Code, as amended, or as
otherwise directed by the Town of Southold Superintendent of Highways.
b. Notify the Superintendent of Highways and Office of the Town Engineer
of the location and timing of a highway excavation project within twenty-
four (24) hours of the commencement of any highway excavation within
the Town. Where an emergency condition exists, the SCWA will give the
Town Superintendent of Highways and Office of the Town Engineer
notice as soon as practicable.
c. Deploy an SCWA Inspector at the excavation site during final repairs to
ensure proper compaction of excavated areas has been achieved.
d. Perform any additional repairs resulting from negligent work of the
SCWA or work performed that does not comply with Chapter 237 of the
Town Code in the excavated areas upon notice from the Superintendent of
Highways to the SCWA.
4. Performance Bond.
Prior to the commencement of any highway excavation within Town highways,
SCWA shall furnish to the Town a Performance Bond wherein the named obligee is
the Town. The performance bond's purpose is to secure proper reconstruction and
repair of Town highways that are excavated for the installation of water lines and
appurtenances. The Bond amount shall be in the aggregate amount of $50,000.00 per
year. The bond shall be executed by a surety company approved by the Town,
authorized to do business in the State of New York and with an office or
representative in Suffolk County, New York. The form shall be acceptable to the
Town and shall have a term through the completion of each individual project.
Should the SCWA fail to perform its obligations to properly construct and repair
excavated Town highways, the Town shall notify the SCWA of such deficiencies. If
the SCWA fails to make the necessary repairs within 7 days of receiving notice, the
Town may procure the services from other sources and hold the SCWA responsible
for any excess costs incurred and draw upon the Performance Bond as full or partial
reimbursement for such excess costs.
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5. Indemnification
The SCWA, its agents, servants, and employees hereby agree to indemnify, defend
and hold harmless the Town, its agents, servants, and employees, from and against all
suits, claims, demands or actions for any injury to person or property sustained or
alleged to be sustained by any party or parties in connection with road excavation and
repair work or any part thereof, or any commission or omission of the SCWA, its
agents, servants, and employees, and in case any such action shall be brought against
the Town of Southold, its agents, servants, or employees, the SCWA, its agents,
servants, and employees, shall immediately take care of and defend the same at
its/their own cost and expense.
6. Right to Terminate by Notice
Notice of termination of this Agreement must be sent by certified mail, return receipt
requested, as follows:
If mailed to the Town, to:
Elizabeth A. Neville, Town Clerk
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
With a copy to:
Martin D. Finnegan, Town Attorney
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
Peter Harris, Superintendent of Highways
Town of Southold
P.O. Box 178
Peconic, NY 11958
If mailed to the SCWA:
Suffolk County Water Authority
Legal Department
4060 Sunrise Highway
Oakdale, NY 11769
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7. Governing Law~ Severability
This Agreement shall be governed by the substantive and procedural laws of the State
of New York. The provisions of this Agreement are intended to be severable. If for
any reason any provision of this Agreement shall be held invalid or unenforceable in
whole or in part, such provision shall be ineffective to the extent of such invalidity or
unen. fo. rceability without affecting the validity or enforceability of the remaining
proms~ons hereof.
8. Amendments.
This Agreement may only be changed in writing signed by both parties.
9. Representation of Both Parties
Both parties acknowledge that they have had the opportunity to have counsel of their
choosing review this Agreement. Regardless of any contrary rule of construction, no
provision or alleged ambiguity of this Agreement shall be construed in favor of one of
the parties because it was drafted by the other party or their attorney.
I 0. Not Assignable
This Agreement is not assignable without written approval of the proposed
assignment by the non-assigning party.
TOWN OF S~OLD
By: .~]r~g~,~
Sco~ A~Russell
SUFFOLK COUNTY WATER AUTHORITY
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STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK)
On thiso~3 day of~.t~., in the year 2012, before me personally appeared
SCOTT A. RUSSELL, known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity and that by his signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument.
Notary Public
LAUREN M. STANDISH
Notary Public, State of New York
STATE OF NEW YORK ) No. 01ST6164008
) Ss.: Qualified in Suffolk County
Commission Expires Apdl 9.20
COUNTY OF SUFFOLK)
._~O. ~t.n th~ of .~, in the year 2012, before me personally appeared
'~day
~./bo , known to me or proved to me on the basis of satisfactory
evidence t6 be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity and that by his signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument.
Not
Timothy J, Hopkins
Notary Public, State of New York
No. 02HO6040236 x,
Term Expires Apri 17',
Qua fled in Suffolk County
-5-
LICENSE OR PERMIT BOND
Bond
83BSBGJ0513
KNOW ALL BY THESE PRESENTS, That we, Suffolk County Water Authority
as Principal, of 4060 Sunrise Highway - POB 38
(Street and Number)
Oakdale New York and the
(city) (State)
Hartford Fire Insurance ~ompan¥ , a Connecticut corporation, as Surety, are held and firmly bound unto
, as Ob)igee, in the sum of
Fifty Thousand DoHam ($ 50,000 )
for xvhich sum, xvell and truly to be paid, xve bind ourselves, ()ur heirs, execotors, administrators, successors and assigns, jointly
and severally firmly by these presents.
Sealed with our seals, and dated this 20th day of September , 2012
THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be
granted a license or pemfit to do business as
Road Opening Permit
by the Obligee.
NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business
in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER:
1. This bond shall continue in force:
[] Until
the Surety
OR
Ixt Until canceled as herein provided.
2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than
thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal.
, or until the date of expiration of any Continuation Certificate executed b,
Suffolk County Water Authority
Principal
Hartford Fire Insurance Company
Tri~ Y~arcia,
Attorney-in-Fact
ACKNOWLEDGMENT OF PRINCIPAL - IF A CORPORATION
STATE OF NEW YORK '1
SS
COUNTY OF
of ...=h?:~.....~C ............ before me pe so ally appeared
On this .................................................. day ~9.d. ~O/Z- r n
............ .d..¢,.~..tTi--~/..~.'T4d..~.~2 ............................. to be known, who, being by me duly sworn, did depose and
say; that he/she resides a,......'~¢~.....~../~.~'./.,..../t~F ........................................ that he/she is the ..~.Q ............
~ of ....r~,/.~..~.~...~C.J..~.fL.ZC.cq//?~/.././~. ............. the corporation described in and which
executed the within insurance instrument; that he/she know~ the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that is was so affixed by the Board/of Directors of said corporation;
and that h~]yC~gl~i~qer name thereto by like order.
NotaryPu'blic, State of New York ~ d~ /'~// / '
No. 02HO6040236 .,/. ~~ ........................................
Term Expires Apri 17,
Qualified in Suffolk County
ACKNOWEEDGMENT OF PRINCIPAL - IF INDIVIDUAL OR FIRM
STATE OF NEW YORK
SS
COUNTY OF
On this .................................................... day of .................................... before me personally appeared
................................................................................................ to me know to be (the individual) (one of the firm
of ................................................................. ), described in and who executed the within instrument and he/she
thereupon acknowledged to me that he/she executed the same (as the act and deed of said firm).
ACKNOWLEDGMENT OF SURETY COMPANY
STATE OF Illinois
COUNTY OF Cook
SS
On this .$.~p..%.e...rC~...e..¥...:~.Q,...g.Q.$.~ ........... before me personally came W~,~..$y...R.....G~.c.~L.,~ ...........................
to me known, who, being by me duly sworn, did depose and say; that he/she resides in
Chicago, IL
................................................................................ ; that he/she is the Attorney-in-Fact of the
.8.~=t:.f-.o~cl..F.J.=~..;r~r.~¢...¢.c~r09~.u~' ......................................... the corporation described in which
executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said
instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that
he/she signed his/her name thereto by like order; and the affiant did further depose and say that the
Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of
the State of New York, issued to .Kaz~ox~..Eir~..I~c~..C. om~any ..................................... his/her
certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the
State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that
such certificate has not been revoked.
Notary Public
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
Financial Statement, December 31, 2011
(Statutory Basis)
ASSETS LIABILITIES
US Government Bonds .............
Bonds of Other Governments .........
State, County Municipal
Miscellaneous Bonds
Stocks ..........................
Shor~ Term Investments ..........
$ 485,612,905
240,897,881
12,112,820,103
5,089,855,504
312,895,635
$ 18,242,082,028
Real Estate .................. $ 159,952,994
Cash 117,892,626
Agents' Balances (Under 90 Day) .... 2,763,607,213
Other Invested Assets ................. 491,159,269
Miscellaneous ........................... 2,365,646,838
Total Admitted Assets ................... $ 24,140,340,968
Reserve for Claims $
and Claim Expense 7,270,127,668
Reserve for Unearned Premiums 1,974,189,570
Reserve for Taxes, License
and Fees
Miscellaneous Liabilities
Total Liabilities .....................................
Capital Paid In $ 54,740,000
Surplus 12,539,582,102
Surplus as regards Policyholders ........... $
Total Liabilities, Capital
and Surplus ................................. $
56,411,148
2,245,290,480
11,546,018,866
2,594,322,102
24,140,340,968
STATE OF CONNECTICUT
COUNTY OF HARTFORD
CITY OF HARTFORD
SS.
M Ross Fisher, Assistant Vice President, and Patricia A. Murrone, Assistant Secretary of the Hartford Fire Insurance Company,
being duly sworn, each deposes and say that the foregoing is a true and correct statement of the said company's financial
condition as of December 31,2011.
Subscribed and sworn to before me
this 17th day of April, 2012.
Nora M. Stranko
Notary Public
My Commission Expires March 31,2013
M Ross Fisher, Assistant Vice President
Patricia A Murrone, Assistant Secretary
Form CS-19-37 HF printed in U.S.A.
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS THAT:
Direct Inquiries/Claims to:
THE HARTFORD
Bond T-4
One Hartford Plaza
Ha~ford, Connecticut 06155
call 888-966~488 or fax 860-757-5835)
A~lenc}t Code: 83 513_334
['~-] Hartford Fire Insurance Company, a corporation dui} organized under thc laws of thc State of Connecticut
~ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of thdiana
[~] Hartford Accident and Indemnity Company, t corpora i m duly organized under he laws or'thc State of Connecticut
~ Hartford Underwriters Insurance Company, a corporation dui} organized under the laws of the State of Connecticut
~ Twin City Fire Insurance Company, a corporation duly organized under the laws or'the State of Indiana
~ Hartford Insursnce Company of Illinois, a corporation duly organized under the laws of the State of Illinois
~ Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
I--~ Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of thc State of Florida
having their home office in Had'ford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of L~ILIHITED :
MARCIA K. CESAFSKY, PATRICIA M. DOYLE, JENNIFER L. JAKAITIS,
CHRISTOPHER P. TROHA, CHRISTINA L. SANDOVAL, COLLEEN F. HARRINGTON,
TRINIY R. GARCIA, ANN MULLINS, STEPHANIE L. KLEARMAN OF CHICAGO,
ILLINOIS
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(les) only as delineated
above by I~], and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf
of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds
and undertakings required or permitted in any actions or proceedings allowed by law,
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have
caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further,
pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any
mechanically applied signatures applied to this Power of Attorney
eeeeeeee
M Ross Fisher, Vice President
POA 2012
Wesley W Cowling, Assistant Secretary
STATE OF CONNECTICUT -~
Hartford
COUNTY OF HARTFORD
On this t2th day of duly, 2012, before me personally e~me Iv1 Ross Fisher, to me known, who being by me duly sworn, did depose and s~y: that
he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the ~orporations deschbed in and which executed
the above instrument; that he knows the ~eal~ of the said cor0orations; that the seals affixed to the said instrument are such corporate seal~; that they were
so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority.
Kathl¢¢n I. Maynard
I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power
of Attorney executed by said Companies, which is still in full force effective as of Se~t eraber ~ 0, ~ 0 3_ ~
Signed and sealed at the City of Hartford