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resolution 9 pages

Also attached to this agenda item: April 10th Resolution 71-2024 Adopt a Highway CLEAN PERMIT APPLICATION

DEPARTMENT OF TRANSPORTATION ADOPT-A-HIGHWAY AGREEMENT The New York State Department of Transportation, having offices at 85 Route 100 Katonah, NY 10536 (Residency Office Address), hereafter called the "Department" and the organization known as the following and using the mailing address of CLEAN CROTON-ON-HUDSON (CCAC) C/O Village Manager’s Office Village of Croton-on-Hudson 1 Van Wyck Street Croton-on-Hudson, NY 10520 hereafter called the GROUP, recognize the need for and desirability of a more attractive and litter free State Highway R.O.W. segment as described in the Highway Work Permit, hereafter known as the segment, and are entering into this Agreement to enable the GROUP to contribute toward the effort of maintaining the appearance for the segment. By signature below, the GROUP acknowledges the hazardous nature of the activity and agrees to the following terms and conditions: 1. No work of any nature will be performed on the pavement or shoulders of the traveled way. 2. No participants' vehicles may be parked on the travel lanes or shoulders of a highway. 3. Activities permitted are of a roadside maintenance nature including, but not limited to, litter pickup; mowing; brush control and cutting; tree trimming and planting; and maintaining approved vegetation; except as modified by the Regional Director. 4. The GROUP will organize and supervise all activities. 5. The GROUP will organize and conduct a "safety briefing." Each day that work is done in the adopted area, a designated safety person must review the safety checklist and have participants sign the safety signature sheet. The designated safety person's sole responsibility must be assuring the safety of the workers and the traveling public. The Department will provide a representative to present the safety briefing for the first meeting; and after that, a designated person from the GROUP will conduct such briefings. 6. All participants must attend the safety briefing before participating in the field activity. The briefings should be held on-site to ensure that all participants are in attendance. 7. Participants must wear Department approved safety gear, including shirts or vests and approved protective head gear. 8. Unused materials and supplies will be returned to the Residency during normal working hours within one week following each field activity. 9. The Department will provide for disposal of collected waste from locations specified in the permit. 10. The GROUP will conduct activities at a frequency which will enhance the attainment of the goal, which is to provide a park-like appearance along the adopted facility. Except as modified by the Regional Director, frequency of pick- up along highways is once a month with the first pick-up occurring in the April- May "spring cleanup" time period and at rest areas or scenic overlooks, the minimum frequency of pickup is weekly. 11. The GROUP will obtain a Highway Work Permit from the Resident Engineer. The Department will waive the permit fee and each GROUP participant (or parent or guardian if participant is 12 to 18 years old) will sign and date the "Acknowledgment of Statutory Limit on Liability" found in S14(29) of the Transportation Law, to be kept on file in the Residency for the duration of the Highway Work Permit. 12. The Department will publicize the execution of this Agreement and will highlight it at various periods thereafter. 13. The Department will furnish and erect Adopt-A-Highway signs at the beginning of each adopted highway segment, or in each adopted rest area or scenic overlook. 14. This Agreement shall be for a two year period commencing on MAY 1, 2024_______ (starting date), and terminating at 12:01 a.m. on _APRIL 30, 2026_______ (ending date). Notwithstanding any other provision of this Agreement, if in the sole judgment of the Department, it is determined that the GROUP is not meeting the terms and conditions of this Agreement, upon 30 days notice, or summarily if based upon unsafe activity, the Department may terminate this agreement as otherwise provided herein, and take such other action as it deems appropriate. The Department recognizes the GROUP as the adopting organization for segment, and the GROUP accepts the responsibility of picking up litter on the adopted facility and of promoting a litter-free environment in the community for the term of this agreement. The relationship of the GROUP to the Department arising out of this Agreement shall be that of an independent contractor. Any and all members or employees of the GROUP under this Agreement, shall be considered agents of the GROUP, and all claims arising under the Workers' Compensation Law of the State of New York on behalf of said employees while so engaged, and any act or omission on the part of the GROUP employees while so engaged in any of the work or services provided or rendered herein, shall be the sole obligation and responsibility of the GROUP. The GROUP shall secure workers' compensation insurance, for the benefit of, and keep insured during the life of this agreement, such employees engaged therein as are required to be insured by the provisions of the Workers' Compensation Law. Attached hereto and made a part hereof is "Appendix A" Standard Clauses for All New York State Contracts. ACKNOWLEDGMENT OF STATUTORY LIMIT ON LIABILITY The undersigned hereby acknowledges and understands that Transportation Law Section 14(29) provides as follows: "Notwithstanding any inconsistent provision of law, the State and its employees shall not be liable for damages suffered by any person resulting from the actions or activities of such volunteers or groups" I have executed this release on Date: ____MARCH 25, 2024__________________________ Signature: ____________________________________________ Print Name: __BRYAN HEALY, VILLAGE MANAGER, CROTON-ON-HUDSON CLEAN CROTON-ON-HUDSON A Subcommittee of the Village of Croton-on-Hudson Conservation Advisory Council ________________________ Name of Group/Organization ____________________________________________________ Signature of Organization Leader Commented [JE1]: Village Signature Here JOHN EALER ___________________________________________________ PRINT Name of Organization Leader Subcommittee Chair, CLEAN Croton-on-Hudson ___________________________________________________ PRINT Organization Leader Title JOHN EALER ___________________________________________________ Organization Adopt-A-Highway Coordinator (PRINT) 5 PRICKLY PEAR HILL ROAD, CROTON-ON-HUDSON, NY 10520 ___________________________________________________ Organization Coordinator's Address Day/Night___310 403 5646_________ Organization Coordinator's Phone Number _________________________________________________ Resident Engineer Signature ___________________________________________________ Department of Transportation Authorized Signature SAFETY CHECKLIST ! NO HORSEPLAY ! Wear orange shirts or vests and hard hats at all times. ! Stay well away from pavement areas and traffic. ! No vehicles should stop on roadways or roadway shoulders. ! Don't pick up anything that could be hazardous to your health. That includes needles, jagged glass, and animal carcasses or heavy objects. If in doubt, contact DOT. ! Always face on-coming traffic. ! Wear appropriate gloves and long pants on the job. We recommend leather shoes or boots also. ! Make sure 12 to 18 year old children are supervised. One supervisor for every six children. ! Children should not operate power mowing or grass trimming equipment. ! No activity, including the operation of mowing equipment shall be done on the roadway surface or shoulders. ! No horseplay or other activity that will compromise either your safety or distract motorists. ! Groups should have a first aid kit available and transportation should be available at all times for emergencies. Someone in the GROUP should be familiar with CPR techniques in case of emergency. ! Avoid over exertion and make arrangements to provide drinking water in hot weather. ! Wear eye protection when operating or in close proximity to power equipment such as mowers or grass trimmers. Other workers should stay well clear of mowing and trimming operations. ! Be sure that areas to be mowed are clear of debris such as rocks, glass and other objects. ! Work gloves are recommended when performing all AAH procedures. ! Do not walk on guiderail. ! Stay off the underside of overhead bridge structures. ! Do not lean over bridge railings. ADOPT-A-HIGHWAY DATA SHEET GROUP NAME: _____ CLEAN CROTON-ON-HUDSON A Subcommittee of the Village of Croton-on-Hudson Conservation Advisory Council ADDRESS: ______________________________________________________ 1ST CONTACT PERSON: 2ND CONTACT PERSON: NAME: JOHN EALER_________ NAME: BRYAN HEALY, VILLAGE MANAGER ADDRESS: 5 PRICKLY PEAR HILL ROAD ADDRESS:Village of Croton-on-Hudson CROTON ON HUDSONNY 10520 1 Van Wyck Street NY 10520 Croton-on-Hudson, NY 10520 PHONE NUMBER: HOME: __(310) 403-5646______ HOME: WORK: __(___)_________________ WORK: 914-271 4848______ SITE LOCATIONS: (Include Route number or Highway name, nearest cross streets, mile marker numbers (if known), closest landmarks if any) ______ROUTE 9A FROM VILLAGE BORDER NEAR BALTIC PLACE, SOUTH TO MUNICIPAL PLACE _______________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ NUMBER OF GROUP PARTICIPANTS: __UP TO 20__________________ DATES OF COMMITMENT: _MAY 1, 2024_ TO _APRIL 30, 2026________________ Attach Group Charter (if available) Adopt-A-Highway Sign Panel Form Please fill in the following grid exactly as you want your sign to read. Each box is a letter or space. Fourteen letters and spaces total. This grid is for the adoptee’s name only. There is a separate panel denoting Adopt-A-Highway and the number of miles adopted. Please indicate the number of miles. Number of miles adopted___2________________ C L E A N C R O T O N