HomeMy WebLinkAboutTraffic Control Devices Installations�ourr�r
RESOLUTION 2015-383
ADOPTED
DOC ID: 10760
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-383 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 21, 2015:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute Addendum I to the Agreement for the Installation of
Traffic Control Devices between the County of Suffolk and the Town of Southold for the
installation and maintenance of traffic devices at CR 48, Middle Road @ Wickham Avenue,
Mattituck, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER: William P. Ruland, Councilman
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
URIGINAL
ADDENDUM I
Traffic Signal Installation for
CP 5054.581
CR 48, Middle Road @ Wickham Avenue, Mattituck
Town of Southold
April 1, 2015
This installation has the following equipment:
ITEM NO.
MFG.[MODEL/SERIAL NO.
DESCRIPTION
CONDITION
T7SS
Encom #5100
_§- read Spectrum Radio Unit
Existing
*TIOCB
Excellence Opto, Inc.
(2)- 16" x 18" LED "Countdown"
Pedestrian Signal Modules
New
*T12LED
Excellence Opto, Inc.
(30) -"Ball" Type LED Traffic Signal
Modules
New
*T12LEDA
Excellence Opto, Inc.
(6) -"Arrow" Type LED Traffic Signal
Modules
New
T16
ITS Model 179
S/N:0990502055
8 -Phase Traffic Signal Controller
Existing
T16
EDI #210E
16 -Channel Conflict Monitor
Existing
T16
PDC #200
(7) -Load Switches
New
T16
EDI #810
Flasher Pack
Existing
T16
GDI #242
DC Isolation Module
Existing
T21
EDI #222
(3) -Inductance Loop Detectors
Existing
*These items incorporate energy saving LED (Lignt Lmattang z)aoae/ cecnnuiag v. j.ne murut,1F"1Lcy y
be entitled to a reduced energy cost. Please contact PSEG Long Island for further information.
This will acknowledge that the above referenced equipment was installed by the County of Suffolk at the
above -referenced location in accordance with the Agreement between the County of Suffolk and the
Town of Southold.
Supvisor or Designee
y
Date
g1FF0��
RESOLUTION 2015-146
ADOPTED
DOC ID: 10521
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-146 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 10, 2015:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement for the Installation of Traffic Control
Devices between the County of Suffolk and the Town of Southold for the installation and
maintenance of traffic devices at CR 48, Middle Road @ Depot Lane, Cutchogue, subject to the
approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
Town of Southold with County Of S,uf/folk Agreement Location: CR 48, Middle Road @ Depot Lane, Cutchogue
Law Dept. No. 115-19")— 0? /
As Revised 10/21/14
ORIGINAL
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 (the "TOWN"), having its
principal office at: 53095 Main Road, PO Box 1179, Southold, NY 11971
The parties to this Agreement desire to provide for the installation and maintenance of Devices at a
location within the TOWN for the improvement of traffic conditions, in accordance with a traffic signal
plan on file with the DEPARTMENT.
TERMS AND CONDITIONS: Shall be as set forth in Articles I.
TERM: The Term of this Agreement shall be in perpetuity, commencing upon the last date set
forth below. The Term shall continue until terminated in accordance with the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest date
written below:
TOWN OF SOUTHOLD
By:
Name: WOTTWUSAELL Date:
Supervisor or Designee
- hereby certifies under penalties of
perjury that that I am an officer of the Town of Southold,
that I have read and am familiar with sec. A5-7 of Article V
of the Suffolk Coun ode, and that the Town of Southold
meets all requirem to qualify exemption thereunder.
Name
Date
APPROVED AS TO FORM:
COUNTY OF SUFFOLK
DENNIS M. BROWN
Suffolk County Attorney
By:
'311R -LQ 15!-
J&A
DykEN BRADDISH Date:
Assistant County Attorney
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COUN OF SUFFOLK
By:
-'a2 q10 /6
Name: Date:
APPROVED:
DEPART F PUBLIC WORKS
By:
Name: Philip A. Berdolt
eputy commissioner
Title: $uftk County DPW
Date: 1 ,�
00B781IRI��N
Town of Southold with County Of Suffolk Agreement Location: CR 48, Middle Road @ Depot Lane, Cutchogue
Law Dept. No._
As Revised 10/21/14
EXHIBIT A
WHEREAS, the DEPARTMENT operates a program to improve traffic signals, markings, signs,
flashing beacons, associated appurtenances and the like in order to ensure the safe and continuous
movement of traffic, and
WHEREAS, the DEPARTMENT has determined that certain Devices are necessary at the
intersection of CR 48, Middle Road @ Depot Lane, Cutchogue for the improvement of traffic
conditions at that 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, pursuant to Section 1652-b of the Vehicle and Traffic Law, the County is authorized
to install traffic signals, provided that they are adequately supported by a request and investigation, and
that the governing body with jurisdiction over the highway, road, or street enters into an agreement with
the County regarding the erection and maintenance of the signal; and
WHEREAS, the parties hereto desire to provide for the installation and maintenance of Devices at
the aforesaid location within the TOWN for the improvement of traffic conditions, in accordance with a
traffic signal plan on file with the DEPARTMENT:
NOW, THEREFORE, in consideration of the individual and mutual covenants, promises, and
representations herein contained, the parties hereto agree as follows:
1. Definitions: The following terms, whenever used in this Agreement, shall have the following
meaning:
Devices: Traffic signals, markings, signs, flashing beacons, associated appurtenances, and the
like.
Permit Applicant: The entity installing a Device under a Suffolk County Highway Work Permit
using a design approved by the Department.
Traffic Signal Service Report: A report of any and all work performed on the Devices.
2. Desisn and Installation: The COUNTY shall, upon consultation with the Town regarding the
engineering and design of the Devices, install, at the expense of the Permit Applicant or through the
COUNTY'S Capital or Operating Budget, Devices 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.
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Town of Southold with County Of Suffolk Agreement Location: CR 48, Middle Road @ Depot Lane, Cutchogue
Law Dept. No._
As Revised 10/21/14
4. Operation and Maintenance:
A. All costs incurred in the operation and maintenance of the Devices after installation of the
Device(s), including any and all charges for electricity, shall be borne by the TOWN or, in the case
of a Permit Signal, the Permit Applicant, until such time as responsibility for the operation and
maintenance of the Devices is assumed by the TOWN.
B. At such time as responsibility for the operation and maintenance of the Devices is assumed by the
TOWN, the TOWN shall operate and maintain the Devices in accordance with the current (as of
the date of assumption) Maintenance Specifications of the DEPARTMENT. A copy of said
specifications is and will be available upon request at the DEPARTMENT.
C. In the event that the TOWN has a set of Maintenance Specifications equivalent to that of the
DEPARTMENT, the TOWN may, subject to the review and approval of same by the
DEPARTMENT, use same in lieu of the DEPARTMENT'S Maintenance Specifications.
D. In connection with its maintenance of the Devices, the TOWN shall provide the COUNTY with a
Traffic Signal Service Report whenever and wherever a maintenance problem exists which
prevents the device from operating as designed.
E. The TOWN shall keep all local police authorities aware of the party responsible for maintenance
of the Devices. The TOWN shall establish procedures that will allow maintenance contractors
and/or TOWN employees to provide maintenance services for the Devices on a 24-hour basis.
5. Modification of Devices: The TOWN shall not alter the signal operation or timing of the Devices
without the prior written approval of the DEPARTMENT. In the event of any alteration to the signal
operation or timing of the Devices, the TOWN shall furnish the DEPARTMENT with one (1) set of wiring
diagrams for each alteration.
6. Representations and Warranties:
A. The TOWN shall enact any ordinance, order, rule, or regulation necessary for the installation and
maintenance of the Devices.
B. The TOWN shall comply, and shall require its officers, directors, partners, trustees, and other
members of its governing body, as well as any personnel employed to render services under this
Agreement, to comply with all applicable rules, regulations, and requirements of law, including
Suffolk County local preference laws and other applicable Suffolk County local laws, and reso-
lutions of the Suffolk County Legislature.
C. The TOWN shall maintain full and complete books and records of any and all Traffic Signal
Service Reports. Such books and records shall be retained for a period of seven (7) years and shall
be available for inspection by the DEPARTMENT, or its duly designated representative, upon
written notice, during regular business hours.
D. The COUNTY agrees to transfer any and all warranties and representations on all equipment and
materials installed by the COUNTY or its permittees to the TOWN.
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Town of Southold with County Of Suffolk Agreement Location: CR 48, Middle Road @ Depot Lane, Cutchogue
Law Dept. No._
As Revised 10/21/14
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 any or all traffic improvements within the TOWN.
B. The COUNTY shall provide the TOWN with written notice of the TOWN'S failure to maintain
the Devices. Such notice shall specify the particular failure. The TOWN shall be given a
reasonable period of time to correct any said failure.
8. Insurance
A. The TOWN shall procure, pay the entire premium for, and maintain insurance in connection with
the operations and maintenance performed under this Agreement, 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:
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 occurrence.
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. 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.
B. All policies providing such coverage shall be issued by insurance companies with an A.M. Best
rating of A- or better. All insurance shall be obtained from companies licensed to do business in the
State of New York.
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Town of Southold with County Of Suffolk Agreement Location: CR 48, Middle Road @ Depot Lane, Cutchogue
Law Dept. No._
As Revised 10/21/14
C. The County of Suffolk must be named Additional Insured, and the TOWN shall furnish annually 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.
D. 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 at 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.
E. If the TOWN, as a municipal corporation, has a self insurance program under which it acts as a self
insurer 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 shall be provided prior to the commencement of this Agreement and shall continue to serve
as evidence of such self-funded coverage until such time that the TOWN ceases to be self-insured. In
the event that the TOWN ceases to be self-insured, the TOWN shall immediately comply with the
provisions of subsections A through D under this Section 8 and provide Declarations Pages with
fifteen (15) days of ceasing to be self-insured.
F. In the event the TOWN fails to provide the Declaration Pages or certificates of insurance, or fails 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 from payments due the TOWN under this Agreement
or any other Agreement between the COUNTY and the TOWN.
G. 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 Indemnified Parties") from and against all liabilities, fines, 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 TOWN, its officers, officials, employees,
contractors, and agents in connection 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, if any, in connection with the services described
or referred to in this Agreement.
-5-
Town of Southold with County Of Suffolk Agreement Location: CR 48, Middle Road @ Depot Lane, Cutchogue
Law Dept. No._
As Revised 10/21/14
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, by legislation or written agreement, assumes
responsibility for the maintenance of the Devices, this Agreement shall automatically be null and void and
of no further consequence during the period of such assumption by the COUNTY.
13. Independent Contractor: The TOWN is not, and shall never be, considered an employee of the
County for any purpose. Notwithstanding anything contained in this Agreement, the Agreement shall not
be construed as creating a principal -agent relationship between the County and the TOWN or the TOWN
and the County, as the case may be.
14. Severability: It is expressly agreed that if any term or provision of this Agreement, or the
application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the
remainder of the Agreement, or the application of such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other
term and provision of the Agreement shall be valid and shall be enforced to the fullest extent permitted by
law.
15. Merger; No Oral Changes: It is expressly agreed that this Agreement represents the entire
agreement of the parties and that all previous understandings are herein merged in the Agreement. No
modification of the Agreement shall be valid unless in written form and executed by both parties.
16. Governing Law: The Agreement shall be governed by, and construed in accordance with, the
laws of the State of New York, without regard to conflict of laws. Venue shall be designated in the
Supreme Court, Suffolk County, the United States District Court for the Eastern District of New York, or,
if appropriate, a court of inferior jurisdiction in Suffolk County.
-6-
Town of Southold with County Of Suffolk Agreement Location: CR 48, Middle Road @ Depot Lane, Cutchogue
Law Dept. No._
As Revised 10/21/14
17. No Waiver: It shall not be construed that any failure or forbearance of the County to enforce any
provision of the Agreement in any particular instance or instances is a waiver of that provision. Such
provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance.
18. Notice: Unless otherwise expressly provided, notices shall be in writing and shall be deemed
sufficiently given if sent by regular first class mail and certified mail, or personally delivered during
business hours as follows: 1.) to the TOWN at the address on page 1 of the Agreement and 2.) to the
COUNTY at the Department, or as to either of the foregoing, to such other address as the addressee shall
have indicated by prior written notice to the addressor.
19. Copyrii!ht:
A. The TOWN hereby represents and warrants that it will not infringe upon any copyright in
performing the Services. The TOWN agrees that it shall protect, indemnify, and hold harmless the
COUNTY, its agents, servants, officials, and employees from and against all liabilities, fines,
penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and
expenses arising out of any claim asserted for infringement of copyright, including reimbursement
of the cost of reasonable attorneys' fees incurred by the COUNTY, its agents, servants, officials,
and employees in any action or proceeding arising out of or in connection with any claim asserted
for infringement of copyright.
B. The TOWN shall defend the COUNTY, its agents, servants, officials, and employees in any
proceeding or action, including appeals, arising out of, or in connection with any copyright
infringement proceeding or action. Alternatively, at the COUNTY's option, the COUNTY may
defend any such proceeding or action and require the TOWN to pay reasonable attorneys' fees or
salary costs of County employees of the Department of Law for the defense of any such suit.
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