HomeMy WebLinkAbouthigh fac contr a-20150709160529.pdf (6102)
UNDERTAKING (MUNICIPALITY) IN CONNECTION WITH _ -
HIGHWAY WORK PERMITS
ISSUED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION
WHEREAS,the undersigned z—fw, 4 &L e i1� (Municipality)from time to time _
receives permits from the Department of Transportation of the State of New York(hereinafter referred to as the
"Department") allowing T� °,t a- c f,e.(ak (Municipality) to temporarily obstruct, instal(,
construct,maintain,operate or replace any facilities within the bounds of a State highway right-of-way,pursuant to
Sections 52, 103, 203,249 and/or 250 of the Highway Law; and
WHEREAS, the Department requires that the municipality file an undertaking to secure the
(Municipality)faithful performance within the terms of any.such.permit -
and also to indemnify the State of New York (hereinafter referred to as the"State") and others with respect to all
operations under such permits by the T u. ri > ' (Municipality)_
NOW THEREFORE, the ; a f` y, ( (Municipality)hereby undertakes, to
and with the State and the Department, that:
1. The i D k;, t t;, �; i (Municipality)will well, truly and faithfully comply
with and perform all the terms and conditions of each such permit on its part to be kept and performed,and abide -
by and comply with all such conditions, rules and regulations as may be,from time to time, promulgated by the
Commissioner of Transportation of the State of New York(hereinafter referred to as the"Commissioner"),according,
to the true intent and meaning of such permits,rules and regulations.
2. Ta ti� I � f ,i (Municipality)will,at its own expense,promptly complete
the work allowed under each permit and within a reasonable time restore State property damaged by its work to ,
substantially the same or equivalent condition as existed before such work was begun; and in the event that the
C,,;,,, 0 i f, ;e(d( __ (Municipality)fails to so restore damaged State property within what
the Commissioner deems to be a reasonable time,the Commissioner,after giving written notice to the Municipality,
may restore the property to substantially the same or equivalent condition as existed before the Municipality
began the work and require the municipality to reimburse the State for any and all costs incurred by the State in
such restoration;
3. The Tc r f a 8( (Municipality) will indemnify, hold harmless and
defend and protect the State of New York, the Commissioner and the Department, their officials, officers, agents
and employees against and pay any and all amounts, damages and costs and judgments which may or shall be
recovered against said State, or its officers, or agents, or which such State may be called upon to pay to any,
person or corporation by reason of damages arising or growing out of operations pursuant to said permits or the
f
manner of doing the same, or the neglect of said i a w l �• f_,4"e(4 (Municipality), or its
agents or servants, or the improper performance pursuant to the conditions of said permits by the Municipality, its
agents or servants. -
4. The 1 (Municipality) which is self-insured, will pay any _
and all damages, costs, including but not limited to attorney's fees, and judgements recovered against the State,
the Commissioner of Transportation,the Department of Transportation and their officials,officers and employees
in connection with work allowed by a permit or from use of a permit by the ceived: _
(Municipality)or by any person acting by,through or for the 1 v z n w, r, ? (M ty&Mobility
including omission and supervisory acts of any of the entities or,persons named above;
ei""eared io: d $� V,
PERM1 (6/02)REVERSE
5. It is understood that this undertaking is one of indemnity only and is not to be construed as imposing
on ( W a, 0# E�' � a (-� (Municipality)an obligation to pay claims for which there would not
otherwise be a remedy in law against the State of New York_
6. Any payments required by the foregoing will be guaranteed by the full faith and credit of To vu 0 Cr f G;A4`, e(Ck (Municipality), or its districts, as applicable, and will be paid out of
current budgeted funds,or if insufficient, from its liability and casualty reserve fund or from the proceeds of bonds
which current laws permit the e,Gt (Municipality), to issue to pay claims
against it_ -
IN WITNESS WHEREOF, ... (Municipality) has caused this
instrument to be signed by , _ I---- or his-designee authorized by resolution
of its 1 U o CA 'k a copy of which is annexed hereto.
DATE:
N.Y.S. DEPARTMENT OF TRANSPORTATION
DATE: J -//- 10
MUNICIPALITY
TITLE
ADDRESS: Ald,Ay
TELEPHONE NO.:_ 6 07
Attach Copy of Resolution
STATE OF NEW YORK
COUNTY OF TOMPKINS) SS
TOWN OF ENFIELD
I,Alice M. Linton, Town Clerk of the Town of Enfield, New York, do
hereby certify that the attached resolution is an exact copy of the same
adopted by the Town Board of the Town of Enfield at a regular meeting on
the loth day of February, 2010.
Town Clerk
Town of Enfield
STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATION
REGION 3
333 EAST WASHINGTON STREET
SYRACUSE, NY 13202
www.nysdot.gov ,
CARL F. FORD,P.E. 4 €, Y GEE
REGIONAL DIRECTOR ACTINNGG C COOMMISSIONER
January 6, 2010
Town of Enfield
Enfield Town Hall
168 Enfield Main Road
Ithaca,New York 14850
Attn: Alice Laue, Town Clerk
Dear Ms. Laue:
RE: ANNUAL MAINTENANCE
PERMIT RENEWAL
Please be advised that we do not have an active Annual Maintenance agreement on file. This
is y second notice. Per Section 52 of the Highway Law and Section 1220-a of the Vehicle and
Tr. ffic Law, no work of any kind shall be performed within the Highway Right-of-Way of a State
ghway without a work permit issued by the Department of Transportation.
Enclosed are the required application forms in order to obtain your Annual Highway
M intenance Work Permit:
1. Application Form (PERM 32)
2. Certificate of Insurance (PERM 17)
Please return the completed forms to th ttention of Jeremy J. Lawton, oordinator,at the
above address. If you have any questions,please feel free to cal eremy at 5)428-4388 between
the hours of 7:45AM and 3:OOPM.
Very truly yours,
Atc�-
/-/Y-cr-�
DIANA L. GRASER P.E.
Regional Traffic Engineer
Attachments
cc: Bart'Rollins, Town of Enfield Highway Superintendent