HomeMy WebLinkAbout20180534 Lake Local Modification Explanation 3-5-20 �
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MEMO
TO: Mark Torpey, Chairman
City of Saratoga Springs Planning Board
FROM: Matt Brobston
DATE: 3/4/2020
RE: 550 Union Avenue
Administrative Action Request—Site Plan Amendment
Additional information request
At the request of the city planner this memo will provide explanation for the modifications to the site plan as a
result of the DOT highway work permit process and modifications requested from that process.
I will be providing to you the permit as submitted to the DOT from the traffic consultant as well as minutes
from the meeting with DOT that directed the modifications to the plan. Unfortunately, no official comments
were received from DOT but the meeting minutes were sent to them as a record of the events. The traffic
consultant did not receive objections to the minutes. The following items are detailed in that memo and are
paraphrased below.
1. The NYS DOT had said the proposed crosswalk and traffic calming measures would not be permitted
and they requested they be removed from the project. The amendment set of plans indicates the
removal of those items.
2. A revised driveway entrance to include an ADA compliant sidewalk would reduce the throat into the
property below the DOT standards and it was decided to eliminate that sidewalk and striping.
3. The northern drive was determined by DOT to be eliminated in it entirety for safety and compliance
reasons. It was decided it could not be removed by would be barricaded per NYS DOT requirements.
This is indicated on the plans by bollards with a chain across the drive as requested by the DOT.
4. The vegetation within the DOT ROW would have to be low growing species and that was not the
character requested by the board so those trees were removed from the ROW and included on-site
as was discussed during the planning board meeting during approval.
5. The swale which was included within the ROW was to be moved onto the property and that was
indicated to the DOT satisfaction on the revised plans.
If there are questions that you may have please let me know and we can schedule a meeting to discuss or
provide your comments and I can address them.
Thank you for your consideration.
Matthew C. Brobston, RLA
Associate
The �� GROUP
Landscape Architecture and Engineering,P.C.
Peopl�. F��.�rpc�se. Place.
40 Long Alley
Saratoga Springs,NY
12866
'�:518/587-8100,x321
F:518/587-0180
mbrobston@thelagroup.com
CC:
G:AProj-2015\201576 Lake_Local\201576Submission Archi�°eA2019-09-17 SP Modification\Admin Action Requestdocs
PHINNEY
DESIGN
October 2, 2019
Kristina L. Crowley, P.E.
Regional Permit Engineer
NYS Department of Transportation
Region 1
50 Wolf Rd.—Suite 1s50
Albany, NY 12232
Reference: 550 Union Avenue
Saratoga, NY 12
MEMORANDUM documenting our September 16, 2019 Meeting
Dear Tina,
Per our recent conversations via email and phone I wanted to document the discussions and proposed
acceptable, NYSDOT compliant actions for our project site at 550 Union Ave. This memo will serve as our
understanding about what will be required by NYSDOT in order to secure the PERM 33 permit for the
project.
Please review the following actions required by the NYSDOT for the PERM 33 approval:
1) The proposed crosswalk and associated traffic calming/mitigation measures will not be approved
by the NYSDOT. As such we will not be including these measures in our project.
2) Providin� an ADA compliant sidewalk at the southeastern driveway"^�� �^�'��^+^,�+"^+„^,� f^'+
�"^ �^��+"^�^ �'��.,^,•,�.�to the site (nearest the bridge) would reduce the �'^^� ^^+ "�.,^ ^^^��^"
throat width to below DOT standards (throat width would be less than 20'wide).�
The existing`^'^��measured the throat width of the driveway and it is approximately 24'wide.
Based on the+s existin width, and in conjunction with No.1 above,we will eliminate the sidewalk
and associated pavement striping so as not to neck down the throat any further.
I3) After discussion regarding the Northernmost driveway along Union Avenue, you determined that
NYSDOT would like to eliminate the driveway in its entirety for safety and compliance reasons.
We indicated that the current property owners have deeded access to this roadway. Upon
further discussion we will show the area of the road within the NYS DOT right-of-way to be
"Removed or Barricaded per NYS DOT Requirements"
I4) We discussed the planting of screening vegetation in the NYSDOT right-of-way. NYSDOT requires
that an annual permit needs to be filed in order to add plantings in the right-of-way and that any
planting would have to meet the NYSDOT specs. You indicated that the planting would be limited
to low/no growth species. Due to these constraints,we will remove any plantings from the
NYSDOT right-of-way.
I5) You had mentioned that the�existin� swale at the toe of the slope which was previously
518.587.7120
142 Grand Avenue � Saratoga Springs � NY � 12866
i . � 291 River Street � Troy � NY � 12180
phinneydesign.com
PHINNEY
DESIGN
I installed in the right-of-way had been removed. We indicated that the swale would be
reconstructed��^ ��^,•,���'�' "^ �^ �^�+^"^�' as part of this project.
Please refer to the attached plans indicating compliance with the aforementioned items. Based on this
memo and in conjunction with the plans, we believe we have met your requirements for successful
approval/issuance of the PERM 33 permit.
Please feel free to reach out to me directly with any questions.
Very Truly Yours,
Phinney Design Group
�
Edwin C. Anker IV, RA,AIA
Troy Office Director � Senior Project Manager
518.587.7120
142 Grand Avenue � Saratoga Springs � NY � 12866
i . � 291 River Street � Troy � NY � 12180
phinneydesign.com
September 24, 2019
� � �r�i�hran
����������i ��;
Kristina L. Crowley, P.E.
Regional Permit Engineer
NYSDOT—Region 1
50 Wolf Road—Suite 1s50
Albany, NY 12232
RE: PERM 33—HWP Submission,550 Union Ave,City of Saratoga Springs, NY,Saratoga County, New York;CM
Project No. 118-007
Dear Ms. Crowley,
On behalf of the applicant,550 Union LLC,Creighton Manning(CM) is pleased to submit a hard copy and electronic
copy of the PERM 33 Highway Work Permit application for the following work:
• Modifications to the main driveway onto NYS Route 9P. Modifications include the extension of the existing
sidewalk and curb (located on the west side of NYS Route 9P) along the south side of the main driveway.
• The second driveway onto NYS Route 9P(to the north)will become an emergency access only driveway and
will be signed and chained off, as such.The emergency access driveway opening width will remain the same.
• Installation of a crosswalk across NYS Route 9P to the south side of the main driveway.
• Drainage Structure and Culvert Installation across the emergency access driveway within the NYSDOT ROW.
The culvert will outlet into an existing swale within the NYSDOT ROW.
• Re-establishment/re-grading of an existing swale within the NYSDOT ROW.
• Tree Plantings within the NYSDOT ROW.
The following is attached to this letter for your consideration:
• Site Plans & Details (L-01, L-02, L-07, L-08& L-12), Drainage Plans/Details (L-03 & L-11), Landscaping
Plans/Details (L-05 & L-09) and Work Zone Traffic Control Details (L-13).
• ACORD 25 and ACORD 855 Insurance certificates
• PERM 36—Consultant Inspection Agreement
• Contractors Proof of Workers Compensation Insurance & Disability Benefits Coverage
The permit fee check and original copy of the Surety Bond will be forthcoming,once any comments regarding this
submission are received.
Please review the enclosed and provide comments as soon as possible. If you have any questions or require any
additional information, please feel free to contact me.
Respectfully,
Creighton Manning Engineering, LLP
� i. /
„J�N� ��ji�,��G�-�i
y�,
Daniel P. Reynolds, P.E.
Project Manager
Cc (via email): 550 Union LLC—Applicant
Trinity BCM—Co-Applicant
LA Group—Site Engineer
Enclosures
CreiE�ht�7n M��sr-��r��ir��f� Er�d_�ir���ering, LLP � 2 Wir��r��ers (=:ir��le � Alk��any, NY 122i�75 � 518.445.03�'f� � v�wv,r.r_n�ellp.<:f�rr�
�� TRINI-2 OP ID: MB
,a►co�zo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
��� 09/09/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
DeSanctis Insurance Agcy,Inc. PHONE Fax
100 Unicorn Park Drive ,vc No EXt:781-935-8480 ,vc,No: 781-933-5645
Woburn,MA 01801 E-MAIL
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
�r,suReRa:The Charter Oak Fire Ins Co. 25615
INSURED Trinity Building and �r,suReR s:The Travelers Indemnity Co. 25658
Construction Management Corp. �r,suReR c:Travelers Indemnity Co of CT 25682
One Jewel Drive,Suite 322
Wilmington, MA 01887 �r,suReR o:Travelers Property Casualty Co 25674
�r,suReRe:North River Insurance Company 21105
wsuReRF:Columbia Casualt Com an 31127
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ Y�OOO�OOO
CLAIMS-MADE � OCCUR DTC07H490909COF18 11/30/2018 11/30/2019 DAMAGETORENTED
PREMISES Ea occurrence $ 300�000
A X XCU IIICIUded 11/30/2018 11/30/2019 MED EXP(Any one person) $ 5�000
F X POLLUTION C604114783($1M/$2M) 11/30/2018 11/30/2019 pERSONAL&ADVINJURY $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4�000�000
POLICY� jECT � LOC PRODUCTS-COMP/OP AGG $ 4�000�000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT g � OOO OOO
Ea accident e e
B X ANY AUTO BA7H494331 11/30/2018 11/30/2019 BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE $
HIREDAUTOS AUTOS Peraccident
$
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ S�OOO�OOO
p EXCESS LIAB CLAIMS-MADE CUP4K0061151826 11/30/2018 11/30/2019 AGGREGATE $ 5�000�000
DED X RETENTION$ �O�OOO g
WORKERS COMPENSATION X PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
C ANYPROPRIETOR/PARTNER/EXECUTNE Y� N/A UB8J077203MA�ME�IA�CT�NJ 11/30/2018 11/30/2019 E.LEACHACCIDENT $ ��OOO�OOO
OFFICER/MEMBEREXCLUDED? NV,NY,FL,PA,TX,MD,DC,RI" E.L.DISEASE-EAEMPLOYEE $ ��OOO�OOO
(Mandatory in NH)
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ ��OOO�OOO
E Excess Umbrella 5228052417 11/30/2018 11/30/2019 XS UMB $19M$19M
ADDITIONAL INSURED AND WAIVER OF SUBROGATION
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
"ADDITIONAL INSUREDS LIMITS ARE NO GREATER THAN THOSE REQUIRED BY WRITTEN
CONTRACT""Other WC States:VA,AZ,CA,TN,AL,UT. RE: Surcharge/Erosion Sediment
Control for the Lake Local Project. Phinney Design Group, 550 Union LLC&
NYSDOT are Additional Insureds on a Primary& Non-Contributory basis on all
policies except WC.A Waiver of Subrogation in favor of the Additional
CERTIFICATE HOLDER CANCELLATION
550UN-1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
550 Union LLC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
142 Grand Ave.
Saratoga Springs, NY 12866
AUTHORIZED REPRESENTATIVE
� � ��� ��
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
HOLDERCODE 550UN-1 TRINI-2 PAGE 2
NOTEPAD. INSURED'S NAME Trinity Building and OP ID: MB Date 09/09/2019
Insureds applies on all policies.
AGENCY CUSTOMER ID:TRINI-2 OP ID: MB
�� NEW YORK CONSTRUCTION
A�oRo CERTIFICATE OF LIABILITY INSURANCE ADDENDUM D 09/09/2019Y)
THIS ADDENDUM SUMMARIZES SOME OF THE POLICY PROVISIONS IN THE REFERENCED INSURANCE POLICIES AND IS ISSUED AS A
MATTER OF INFORMATION ONLY; IT CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. ALL TERMS, EXCLUSIONS AND CONDITIONS
IN THE ACTUAL POLICY SHOULD BE CONSULTED FOR A MORE DETAILED ANALYSIS OF COVERAGE, AS THIS ADDENDUM DOES NOT
AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES.
AGENCY NAMED INSURED(S)
DeSanctis Insurance Agcy, Inc. Trinity Building and
POLICY NUMBER EFFECTIVE DATE CARRIER NAIC CODE
DTC07H490909COF18 11/30/2018 The Charter Oak Fire Ins Co. 25615
ADDENDUM INFORMATION CERTIFICATE NUMBER: REVISION NUMBER:
A. Insurer
�Admitted/authorized
� Excess line or free trade zone
B. General Liability(GL)policy form
� ISO/ISO modified
� Other
C. Specific operations excluded or restricted(GL policy)
� Location:
� Type of construction:
� Building height:
� Classifications [see attached declarations/endorsement]
� Designated work [see attached endorsement]
D. Additional insured endorsement(GL policy)
� CG 20 10 � CG 20 26 � CG 20 32 � CG 20 33 � CG 20 37 � CG 20 38
� Other: #: CGD2 46 Title: Blanket Additional Insured (Contractors)
E. According to the terms of this GL policy,the additional insured has primary and noncontributory coverage
�Yes � No and � no other option is available with this insurer
F. Additional insured will receive advance notice if insurer cancels(GL policy)
�Yes � No and � no other option is available with this insurer
G• Blanket contractual liability located in the"insured contracY'definition(Section V,Number 9,Item f.in the ISO CGL policy)is removed or
restricted
�Yes and � no other option is available with this insurer � No changes made
H. "Insured contracY'exception to the employers liability exclusion is removed or modified(GL policy)
�Yes and � no other option is available with this insurer � No changes made
�• GL policy(including endorsements)does not cover the additional insured for claims involving injury to employees of the named insured or
subcontractors(not workers'compensation)
�Yes and � no other option is available with this insurer � No changes made
ACORD 855 NY(2014/05) Attach to ACORD 25 O 2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID:TRINI-2 OP ID: MB
ADDENDUM INFORMATION continued
J. Earth movement,excavation or explosion/collapse/underground property damage is excluded or restricted(GL policy)
�Yes and � no other option is available with this insurer � No changes made
K. Insured vs.insured suits(cross liability in the ISO CGL policy)are excluded or restricted(other than named insured vs.named insured)
�Yes and � no other option is available with this insurer � No changes made
�• Property damage to work performed by subcontractors(exception to the"damage to your work"exclusion in the ISO CGL policy)is excluded
or restricted
�Yes and � no other option is available with this insurer X� No changes made
M. Excess/umbrella policy is primary and non-contributory for additional insureds
�Yes, by specific policy provision �Yes, by endorsement � No and � no other option is available with this insurer
�nti� � �—
� 09/09/2019
AUTHORIZED REPRESENTATIVE SIGNATURE DATE(MM/DD/YYYY)
ACORD 855 NY(2014/05) Page 2 of 2
AGENCY CUSTOMER ID:TRINI-2 OP ID: MB
�� NEW YORK CONSTRUCTION
A�oRo CERTIFICATE OF LIABILITY INSURANCE ADDENDUM D 09/09/2019Y)
THIS ADDENDUM SUMMARIZES SOME OF THE POLICY PROVISIONS IN THE REFERENCED INSURANCE POLICIES AND IS ISSUED AS A
MATTER OF INFORMATION ONLY; IT CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. ALL TERMS, EXCLUSIONS AND CONDITIONS
IN THE ACTUAL POLICY SHOULD BE CONSULTED FOR A MORE DETAILED ANALYSIS OF COVERAGE, AS THIS ADDENDUM DOES NOT
AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES.
AGENCY NAMED INSURED(S)
DeSanctis Insurance Agcy, Inc. Trinity Building and
POLICY NUMBER EFFECTIVE DATE CARRIER NAIC CODE
CUP4K0os1151826 11/30/2018 Travelers Property Casualty Co 25674
ADDENDUM INFORMATION CERTIFICATE NUMBER: REVISION NUMBER:
A. Insurer
�Admitted/authorized
� Excess line or free trade zone
B. General Liability(GL)policy form
� ISO/ISO modified
� Other
C. Specific operations excluded or restricted(GL policy)
� Location:
� Type of construction:
� Building height:
� Classifications [see attached declarations/endorsement]
� Designated work [see attached endorsement]
D. Additional insured endorsement(GL policy)
� CG 20 10 � CG 20 26 � CG 20 32 � CG 20 33 � CG 20 37 � CG 20 38
� Other: #: Title:
E. According to the terms of this GL policy,the additional insured has primary and noncontributory coverage
�Yes � No and � no other option is available with this insurer
F. Additional insured will receive advance notice if insurer cancels(GL policy)
�Yes � No and � no other option is available with this insurer
G• Blanket contractual liability located in the"insured contracY'definition(Section V,Number 9,Item f.in the ISO CGL policy)is removed or
restricted
�Yes and � no other option is available with this insurer � No changes made
H. "Insured contracY'exception to the employers liability exclusion is removed or modified(GL policy)
�Yes and � no other option is available with this insurer � No changes made
�• GL policy(including endorsements)does not cover the additional insured for claims involving injury to employees of the named insured or
subcontractors(not workers'compensation)
�Yes and � no other option is available with this insurer � No changes made
ACORD 855 NY(2014/05) Attach to ACORD 25 O 2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID:TRINI-2 OP ID: MB
ADDENDUM INFORMATION continued
J. Earth movement,excavation or explosion/collapse/underground property damage is excluded or restricted(GL policy)
�Yes and � no other option is available with this insurer � No changes made
K. Insured vs.insured suits(cross liability in the ISO CGL policy)are excluded or restricted(other than named insured vs.named insured)
�Yes and � no other option is available with this insurer � No changes made
�• Property damage to work performed by subcontractors(exception to the"damage to your work"exclusion in the ISO CGL policy)is excluded
or restricted
�Yes and � no other option is available with this insurer � No changes made
M. Excess/umbrella policy is primary and non-contributory for additional insureds
�X Yes, by specific policy provision �Yes, by endorsement � No and � no other option is available with this insurer
��,�,� � �;ye� .
09/09/2019
AUTHORIZED REPRESENTATIVE SIGNATURE DATE(MM/DD/YYYY)
ACORD 855 NY(2014/05) Page 2 of 2
NEW YiDRK pepartment of
STATE OF
OPPORTUNiTY Transportation
Form PERM 33 (July 2015)
Highway Work Permit Application for Non-Utility Work
Instructions and Form
(For Commercial Driveways, use Form PERM 33-COM)
INSTRUCTIONS FOR COMPLETING THE APPLICATION
FRONT OF APPLICATION
Three (3)copies of the entire application, work plans and all other supporting documents must be submitted. At the time of
application, certain information relative to fees and deposits may be contingent upon determinations to be made by the
Department. In such cases, the information may be left blank and remittance withheld until a determination is made.
Please complete the following:
• Permittee name, address, phone and email address. Provide joint applicant contact information, if appropriate. If there are
additional applicants, attach contact information on a separate sheet.
• Name and phone number(s)of emergency contact person.
• If permit is to be returned to someone other than the applicant, complete this section.
• If the guarantee deposit or bond is to be returned to someone other than applicant, complete this section.
• Estimate the cost of work being performed in the state highway right-of-way and provide this figure.
• Indicate anticipated duration of work to be performed with starting date and ending date.
• Indicate the form of insurance coverage to be provided.
• Give a brief description of the work that is proposed to be done under this permit.
• Indicate whether any overhead and/or underground work(5 foot or greater depth) is included in the proposed work.
• Plans and specifications should accompany this application for any work that involves construction within the state
highway right-of-way. Place a check mark on the lines for plans and specifications if they are attached to this application.
• Location of the project should be identified by State Route, highway reference marker(s), and the municipality and county
in which work area is located.
• In regard to State Environmental Quality Review(SEQR), indicate the type of action, the name of the Lead Agency, and
what date the final determination was made, if available.
• Signature of applicant and date.
• Signature of second applicant, if any, and date.
BACK OF APPLICATION
• Check type of work that will be performed.
• In the appropriate column, indicate total amount of permit fees (Include insurance fee for residential work)
• Indicate type of performance security provided (bond, deposit, letter of credit), if required.
• Indicate check number of deposit or bond number.
RESPONSIBILITIES OF PERMITTEE
PURSUANT TO NON-UTILITY HIGHWAY WORK PERMITS
NOTE: FAILURE TO OBTAIN A PERMIT OR FAILURE TO COMPLY WITH THE TERMS OF A PERMIT MAY RESULT IN THE
DEPARTMENT HALTING THE ACTIVITY FOR WHICH A PERMIT IS REQUIRED UNTIL ADEQUATE CORRECTIONS HAVE BEEN MADE.
1. LIMITATIONS ON USE: The specific site identified in this Highway Work Permit, and only that site identified, will be available for use by
Permittee only for the purpose stated in this Permit and only on the date(s)and for the duration designated in this permit.This Permit does not
authorize any infringement of federal, state or local laws or regulations, is limited to the extent of the authority of NYSDOT and is transferable
and assignable only with the written consent of the Commissioner of Transportation. The Commissioner reserves the right to modify fees and
to revoke or annul the Permit at any time, at his/her discretion without a hearing or the necessity of showing cause.
2. CONDITIONS OF USE: NYSDOT makes no affirmation that the state-owned site used for the work has been designed, constructed, or
maintained for the purpose of the conduct of the work. The Permittee assumes full responsibility for planning and conducting a safe and
orderly project that does not expose workers or the public to any unreasonable hazards and that involves a minimal disruption of the normal
uses of the state and local highway systems. It shall be the sole obligation of the Permittee to determine whether the site is suitable for the
purpose of safely conducting the work. The Permittee assumes all responsibility for assuring that the use of the highway/property conforms to
applicable requirements of law, including, but not limited to those set forth herein.
Permittee agrees to assure compliance with New York Labor Law, industrial regulations,and OSHA regulations, and to assure the
safety of all workers who will be engaged to do the permitted work.
3. INSURANCE COVERAGE: Permittee must have the insurance that is required for the type and extent of the work being performed.
Permittee agrees to maintain liability insurance in full force and effect throughout the term of the highway work permit. Expiration
of,or lack of, liability insurance automatically terminates the permit.
To comply with this requirement, an applicant must furnish the Department with one of the following:
. A completed Certificate of Insurance evidencing the required types and limits of insurance coverage,with New York State
Department of Transportation named as an additional insured on the commercial general liability policy. An industry standard
ACORD 25 form with an ACORD 855 Addendum is acceptable evidence of the required coverage. Certificate Holder should be
indicated as New York State Department of Transportation,with the address of the issuing office.
. A fully executed Undertaking Agreement may be provided by Municipalities, Public Utilities, Transportation Corporations, Public
Service Corporations or Railroads,as an alternative to providing proof of commercial general liability the insurance.
• Homeowners applying for a residential work permit(driveways, improvements or tree work)and performing their own work have the
option to pay a$25 Insurance Fee,and waive the requirement to provide insurance coverage. Any contractor doing work on the
homeowner's behalf must be listed on the permit and provide satisfactory proof of insurance as set forth below.
See"PERM 33 Submission Package Requirements"on page 4 for more detailed guidance on insurance coverage.
4. COMPENSATION AND DISABILITY INSURANCE COVERAGE: Permittee is required to have compensation insurance and disability
coverage as noted in the provisions of the Worker's Compensation Law and Acts amendatory thereof for the entire period of the permit, or the
permit will be invalid. Applicant must provide proof of coverage(Form C-105.2, U-26.3 or SI-12 for Worker's Compensation, and DB-120.1 or
DB-155 for Disability Benefits), or provide proof of exemption from this requirement(Form CE-200).
5. INDEMNIFICATION: Permittee agrees that, in addition to any protection afforded to NYSDOT under any available insurance, NYSDOT
shall not be liable for any damage or injury to the Permittee, its agents, employees, or to any other person, or to any property, occurring on the
site or in any way associated with Permittee's activities or operations;whether undertaken by Permittee's own forces or by contractor or other
agents working on Permittee's behalf. To the fullest extent permitted by law, the Permittee agrees to defend, indemnify and hold harmless the
State of New York, NYSDOT and their agents from and against all claims, damages, losses and expenses, including but not limited to
attorneys'fees,arising out of any claim, including but not limited to claims for personal injuries, property damage or wrongful death and/or
environmental claims, in any way associated with the Permittee's activities or operations, no matter how caused.
6. NOTIFICATION: The following should be notified at the appropriate time as shown below:
• Commissioner of Transportation, through the NYSDOT regional office,one week prior to commencing work.
• Area gas distributors, 72 hours prior to any blasting.
• Utility companies with facilities in work areas, before starting work(in accordance with Industrial Code 53).
• Permission from utility company must be obtained before commencing work affecting the utilities'facilities.
• NYSDOT regional signal maintenance shop, 3 days prior to starting work(traffic signal work).
• NYSDOT regional office, at conclusion of work, and return original copy of permit to Resident Engineer.
NOTIFICATION FOR ANNUAL PERMITS: Notify by phone,the Regional or Resident Engineer's Office, one week in advance, each time
regular maintenance work is to be performed. In emergencies, notification by phone,fax or email should be made as soon as is practical, no
later than the ne�business day.
7. SITE CARE AND RESTORATION: A bond, deposit(bank cashier's check), or a Letter of Credit, in an amount designated by the
Department of Transportation, may be required before a permit is issued, in order to guarantee restoration of the site to its original condition. A
fully executed Undertaking Agreement may be accepted as an alternative security, where applicable. If the Department is obliged to restore
the site to its original condition,the costs to the Department will be deducted from the amount of the permittee's deposit at the conclusion of
the work. Costs in excess of the bond/deposit on file will be billed directly to the permittee. If permittee posts a Letter of Credit, the
Department may elect to have a contractor restore the site, and issue a draft drawn against the Letter of Credit as payment.
• Anyone working within state highway right-of-way must wear high visibility apparel and hard hat meeting ANSI Class 2
requirements.
• No unnecessary obstruction is to be left on the pavement or the state highway right-of-way, or in such a position as to block warning
signs during non-working hours.
• No work shall be done to obstruct drainage or divert creeks,water courses or sluices onto the state highway right-of-way.
. All false work must be removed and all excavations must be filled in and restored to the satisfaction of the Regional Maintenance
Engineer.
8. COSTS INCURRED BY ISSUANCE OF THIS PERMIT: All costs beyond the limits of any liability insurance,surety deposits, etc.are the
responsibility of the permittee.The State shall be held free of any costs incurred by the issuance of this permit, direct or indirect.
9. SUBMITTING WORK PLANS: The applicant will submit three (3)copies of work plans and/or maps as required by the Department. This
shall include (but not limited to)such details as: measurements of driveways with relation to nearest property corner; location of existing and
proposed poles, guide rail,signal equipment,trees or drainage structures; positions of guys supporting poles; a schedule of the number of
poles and feet of excavation necessary for completion of work on the State right-of-way. A description of the proposed method of construction
will be included.
• Plan work with future adjustments in mind, as any relocation, replacement or removal of the installation authorized by this permit and
made necessary by future highway maintenance, reconstruction or new construction,will be the responsibility of the permittee.
• Driveway plans should be prepared in accordance with NYSDOT POLICY AND STANDARDS FOR ENTRANCES TO STATE
HIGHWAYS.
• The permittee must coordinate the work with any State construction being conducted.
10. TRAFFIC MAINTENANCE: A plan detailing how the permittee intends to maintain and protect traffic shall be submitted with work plans.
Traffic shall be maintained on the highway in a safe manner during working and non-working hours until construction is completed. The
permittee is responsible for traffic protection and maintenance, including adequate use of signs, barriers, and flag persons during working and
non-working hours until construction is completed. All sketches will be stamped with"MAINTENANCE OF TRAFFIC SHALL BE IN
CONFORMANCE WITH THE NATIONAL MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES."
11. COST OF INSPECTIQN AND SUPERVISION: Prior to issuance of the Highway Work Permit,the permittee may be required to sign an
INSPECTION PAYMENT AGREEMENT FOR HIGHWAY WORK PERMITS (FORM PERM 50)agreeing to the payment of construction
inspection charges, based on the number of work days involved. In certain cases, the permittee may also be required to sign a PAYMENT
AGREEMENT FOR HIGHWAY WORK PERMITS DESIGN REVIEW (FORM PERM 51)agreeing to design review charges, based on the
number of work hours in which Department employees were engaged in design review activity.
12. SCOPE:
• Areas Covered: Permits issued are for highways, bridges and culverts over which the New York State Department of Transportation
has jurisdiction. (Local governments issue permits for highways under their jurisdiction.) Work locations must be approved by the
Department.
• Maintenance: Unless noted otherwise, applicant shall be fully responsible for the maintenance of all items installed and/or altered as
shown on the approved permit plans and documents. Property owners having access to a state highway shall be fully responsible for
the maintenance of their driveway in accordance with POLICY AND STANDARDS FOR ENTRANCES TO STATE HIGHWAYS.
• Work Commencement: The Permittee shall have a copy of the permit available at the site during the construction period.Work
should start within 30 days from validation date of permit or said permit may be revoked.
13. REPORTING ACCIDENTS: Permittee is required to report any accidents that occur during the course of the permit work to their insurance
company, and to provide the Department with a copy of any such report.
14. COMPLETION OF PROJECT: Upon completion of the work within the State highway right-of-way authorized by the work permit, the
person and his or its successors in interest shall be responsible for the maintenance and repair of such work or portion of such work as set
forth within the Terms and Conditions of the Highway Work Permit.
PERM 33 Submission Package Requirements
Submit three (3) copies of the final submission package: Submission package must include the entire PERM 33 with all
work plans and supporting documents, including the following (check all that apply):
� Stamped Final Plans—Submit in PDF file format on CD, with three (3) paper copies (1" = 50'), or as requested
� ACORD 25- Certificate of Insurance, with NYSDOT named as Additional Insured (See line 3 below).
� ACORD 855- New York Construction Certificate of Liability Insurance Addendum (See line 3 below).
� PERM 1, 2, 6 or 16- Undertaking Agreement, if applicable (See line 4 below).
� PERM 36-Attachment to Highway Work Permit—Consultant Inspection, if applicable
� PERM 44-Surety Bond— Performance bond in ApplicanYs name, or deposit (Bank cashier's check required)
� PERM 50—Inspection/Supervision Payment Agreement, if applicable
�✓ Proof of Worker's Compensation Insurance (Form C-105.2, U-26.3 or SI-12), or proof of exemption (Form CE-200)
�✓ Proof of Disability Benefits Coverage (Form DB-120.1 or DB-155), or proof of exemption (Form CE-200)
� Permit Fee (Include $25 Insurance Fee for residential operations)
� Other(specify):
Insurance Requirements
1) In most cases, Permittee must provide proof of Commercial General Liability insurance coverage with limits of liability
not less than $'I,000,000 per claim/occurrence, unless any of the following circumstances exist, in which case the limits
of liability shall not be less than $5,000,000 per claim/occurrence:
(a) The estimated value of permitted work in state right-of-way is$250,000 or more (see line 6 below);
(b) The permitted work requires or includes the construction, alteration or maintenance of underground features at
any depth five feet or more below grade;
(c) The permitted work requires or includes the construction, alteration or maintenance of overhead features that
include, but are not limited to, traffic signals, overhead sign structures, retaining walls or other grade separation
structures.
2) Exceptions to the above liability limits include: (a) Annual maintenance permits require limits of liability not less than
$5,000,000 per claim/occurrence; (b) Permits for vegetation control activities require limits of liability not less than
$1,000,000 per claim/occurrence; (c) Residential driveway permits require limits of liability not less than $500,000 per
claim/occurrence; and (d) Adopt-a-Highway permits are exempt.
3) ACORD 25 with ACORD 855 (New York Construction Addendum)shall be submitted as an acceptable proof of liability
coverage. New York State Department of Transportation should be named as Additional Insured and as the Certificate
Holder at the address of the issuing office.
4) Municipalities, public utilities, public authorities and railroads may elect to provide a fully executed Undertaking
Agreement as a substitute for providing proof of insurance coverage, or any other financial security otherwise required.
5) Homeowners may pay a$25 Insurance Fee in lieu of providing proof of insurance, however any contractor performing
on behalf of a homeowner and who is named on the permit must provide proof of insurance as outlined above.
6) When the estimated cost of work being performed in the right-of-way equals or exceeds $250,000, Permittee must
additionally provide proof of a Protective Liability(OCP) insurance policy with a minimum liability limit of$1,000,000
per occurrence, with New York State Department of Transportation as Named Insured.
Permittee agrees to maintain liability insurance in full force and effect throughout the term of the highway work permit.
Expiration of,or lack of, liability insurance coverage automatically terminates the permit.
For more information on insurance requirements, go to: www.dot.nv.aov/permits-insurance
PERM 33 NON-UTILITY(7/15? SUBMIT THREE(3)COPIES
STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION
HIGHWAY WORK PERMIT APPLICATION FOR NON-UTILITY WORK
Application is hereby made for a highway work permit: For Joint application, name and address of Applicant 2 below:
Name 550 Union LLC Name Trinity Building + Construction Mgmt. Corp
Aadress 142 Grand Avenue Address 621 Columbia Street
c;ty Saratoga Springs State NY Z�p 12866 c�ty Cohoes State NY Z�p 12047
Applicant Phone(518)5H7-71 2O Applicant 2 Phone�978)267-3670
Applicant Email Address mphinney�phinneydesign.com Applicant 2 Email Address mrusso�trinitybcm.com
Emergency Contact Mike Russo - Sr. Project Manager
Emergency Phone 5( i 8 � 441-0828
RETURN PERMIT TO: (if different from Permiffee) RETURN DEPOSITIBOND TO: (if different from PermifteeJ
Name Name
Address Address
City State Zip City State Zip
DESCRIPTION OF PROPOSED WORK:
Driveway Modifications to existin commercial driveway, Catch basin and culvert installation, Site
Grading & re-establishment of swale within NYSDOT ROW, Tree Plantings within NYSDOT ROW.(See
attached plans and details).
Estimated cost of work being performed in highway right-of-way: $ 35,���
Anticipated duration of work: From 1 O�1�1 9 to 6/30/19 �applies to the operations indicated on the reverse side)
WILL OVERHEAD aR UNDERGROUND(5'+)OPERATIONS BE INVOLVED IN THE PROPOSED WORK? YES ✓�NO�
ATTACHED: Plans� Specifications�
LOCATION: State Route: 9P Located Between Reference Markers 1 5O1 1 O83 and 15011085
City/TownNillage of S"c1YcltOga SpYI1lgS County of SaYc�tOga
SEQR REVIEW(select one)
❑Type II�Type I❑Unlisted LEAD AGENCY: Saratoga Springs Planning Board DATE OF DETERMINATION: 6�7�1 H
Insurance(check one): ✓�General Liability Insurance �Undertaking _�Insurance Fee(residential operations only)
NOTE: PERMIT IS ISSUED CONTINGENT UPON ALL LOCAL REQUIREMENTS BEING SATISFIED
ACKNOWLEDGMENT: ON BEHALF OF THE APPLICANT,I HEREBY REQUEST A HIGHWAY WORK PERMIT,AND DO ACKNOWLEDGE AND AGREE
TO THE RESPONSIBILITIES OF PERMITTEE AND THE OTHER OBLIGATIONS SET FORTH IN THIS PERMIT AND WARRANT COMPLIANCE
THEREWITH.
Applicant Signature_ � Date 9�23/19
' 9/23/19
Applicant 2 Signature_�^�^ � b �-"� Date
!�
Approval recommended by Resident Engineer Res No Date
Approved by Regional Traffic Engineer Reg No Date
Operational Type and Description Permit Insurance Total Fees
Fee Fee � 0.00
DRIVEWAYS
5a1 Residential Driveway(includes field entrances) 15 25
5a6 Temporary access road or street 200
For Commercial Driveways and subdivisions streets, use form PERM 33-COM
IMPROVEMENTS
5b1 Residential 15 25
�/ 5b2a Commercial-Sidewalk, curb paving, drainage,etc. 200
�/ 5b2b Commercial—Grade,seed, improve land contour,clear brush 100
�/ 5b2c Commercial—Resurface existing road or driveway 50
5b2d1 Annual resurfacing of roadways and driveways—PER COUNTY 150
Number of counties:
5b2d2 Annual resurfacing of roadways and driveways—PER REGION 4�U
TREE WORK
5c1 Residential 15 25
�/ 5c2a Commercial removal or planting 25 ����
5c2b Commercial pruning,applying chemicals to stumps 25 �
5c3 Vegetation control for advertising signs—PER SIGN 15U
Number of Signs:
MISCELLANEOUS CONSTRUCTION AND WORK OPERATIONS
5d1 Beautify ROW(civic groups only) NIC
5d2a Temporary signs, banners,decor(not-for-profit organizations) NIC
5d2b Temporary signs, banners,decor(other organizations) 25
5d3 Traffic control signals 50U
5d4 Warning and entrance signs 25
5d5 Miscellaneous—Requiring substantial review(describe below) 4�U ����
5d6 Miscellaneous (describe below) 25 �
OTHER TYPES OF HIGHWAY WORK PERMITS
6 Encroachment caused by DOT acquisition of property 25
7a1 Compulsory permit required for demolition requested by DOT N/C
7a2 Compulsory permit required for moving requested by DOT N/C
7b Improvement to meet Department standards NIC
8 Miscellaneous (describe below) 25
9 Adopt-a-Highway (exempt from insurance requirement) NIC �
Description of Miscellaneous Operation:
PERFORMANCE SECURITY(Select one): Guarantee Deposit-Cash �� PerFormance Bond �� Letter of Credit��
Guarantee Deposit Amount:
Guarantee Deposit Check Number or Bond Number
(To be completed by NYSDOT issuing office)
Project Identification Number Highway Work Permit No.
State Highway(SH)Number Record ID Number
PERM 33(7/15)REVERSE
PERM 36(Rev. 04/15)
ATTACHMENT TO HIGHWAY WORK PERMTT—CONSULTANT INSPECTION AGREEMENT
This is an attachment to Highway Wark Permit No. issued to 550 UI11011, LLC (permittee)pursuant to Section 52 of the
Highway Law for wark on State Highway right-of-way. This attachment, the application submitted by the Permittee, and all plans and other
documents submitted as part of the application or subsequently approved by the New Yark State Department of Transportation(NYSDOT)are a part
of and are incorporated into the Pernut described above. The Permittee agrees to the following conditions,requirements,and obligations which are in
addition to,not in lieu of,any requirements contained in Title 17 of the New Yark Code of Rules and Regulations(NYCRR),Parts 125-130 and/or
any requirements stated in the application submitted by the Permittee.
1.All wark on State Highway right-of-way shall be according to plans and specifications entitled Lak2 LOCaI SIt2 Plall
prepared by Th2 LA Group and dated $�2���9 ,which plans and specifications were approved by NYSDOT on ,and are
attached to and are made part of this permit as Schedule A (Plans). No modifications will be made to the Plans without the express written
permission of NYSDOT.
It is understood that alterations to the plans may be necessary to meet unforeseen tield conditions ar to provide for inadvertent errors or omissions.
These alterations will be made by the Permittee,with the approval of and to the satisfaction of NYSDOT. The intent of this requirement is not to alter
the scope of the wark as approved by NYSDOT,but to provide flexibility to make alterations,additions,and subtractions necessary to complete the
wark within the original intent and scope of the Plans.
2.Permittee agrees that,in addition to any protection afforded to NYSDOT under any available insurance,NYSDOT shall not be liable far any
damage or injury to the Pernuttee,its agents,employees,or to any other person,or to any property,occurring on the site or in any way associated
with Permittee's activities or operations;whether undertaken by Permittee's own forces or by contractor or other agents working on Permittee's
behalf.To the fullest ea�tent permitted by law,the Permittee agrees to defend,indemnify and hold harmless the State of New Yark,NYSDOT and all
employees or officers of the State and their agents from and against all claims,damages,losses and expenses,including but not limited to attorneys'
fees,arising out of any claim,including but not lnnited to claims for personal injuries,property damage or wrongful death and/or environmental
claims,in any way associated with the Permittee's activities or operations,no matter how caused.
3.All authority granted by this Permit relates solely to that authority within the discretion of the Commissioner of Transportation.All other permits
and approvals required far the project shall be the responsibility of the Permittee.There shall be no liability or obligation placed upon NYSDOT with
respect to such other requirements.
4.This Permit shall not be construed as conveying to the Pernuttee or to any other person,the right to enter upon or trespass upon the lands of parties
not party to this agreement far any purpose,nor shall this Permit be construed as authorizing the impairment of any rights,title,or interest in real or
personal property held or vested in a person not a party to this agreement.
5.In the event that Permittee fails to comply with the terms of the Permit,NYSDOT has the right to cancel this approval at any time.NYSDOT may
decide to continue,rescind,or modify this Permit in such a manner as it finds just and equitable.
6. The Permittee shall retain,at its own cost,the services of a reputable engineering firm("Consultant"),to inspect and monitor the wark pertormed
under the Permit.The Consultant shall monitar the wark of the Permittee and the Permittee's Contractors to ensure that the wark performed under the
permit is done in accordance with the plans,the Standard SpeciYications,and all other requirements of the permit.As necessary,the Consultant will
inform,orally and in writing,the Permittee and NYSDOT of deficiencies in warkmanship,material quality,Wark Zone Traffic Control,Safety,etc.
Failure of the Permittee to properly respond to a notice of deficiency shall be deemed a breach of the Permit and shall be grounds for denial of
NYSDOT's approval of the entire wark or portions of the wark under the permit. Inspection of the wark by the Consultant shall not relieve the
Permittee of responsibility for compliance with all of the conditions of the permit.
The engineering firm(Consultant)and its inspectar(s)retained by the Permittee shall be approved in writing by NYSDOT priar to the start of the
wark. The fum shall be registered to practice professional engineering in New Yark State, and experienced in inspection of highway, structural,
utility,and traf�ic signal wark,in accordance with the scope of the wark to be pertormed under the permit.
The primary inspector shall be certified at NICET Level II or above,ar the equivalent.
No wark shall be performed under this permit before the Consultant and its inspector(s) have been approved by NYSDOT, and has assigned
sufficient staff to the project to carry out the necessary project duties as described below.If NYSDOT determines that the personnel assigned to this
wark are insufficient, the Permittee shall promptly make arrangements to provide sufficient personneL If the Permittee fails to make such
arrangements within a reasonable time,NYSDOT may order the project shut down until sutticient personnel are provided.NYSDOT shall have the
right to approve or reject the individual employees to be assigned to inspection of the wark authorized by the Permit before their employment on the
proj ect.
7.The services to be performed by the Consultant shall include but shall not be limited to the following:
A. Construction inspection in accordance with the standard practices of NYSDOT. The Consultant is to certify that each item of wark
conforms to the Plans.
B.Maintenance of records in accordance with the current NYSDOT Manual of Uniform RecordKeeping on Highway Contracts.For more
information,refer to https://www.dot.ny.�ov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-
general-information
PERM 36(Rev. 04/15)
ATTACHMENT TO HIGHWAY WORK PERMTT—CONSULTANT INSPECTION AGREEMENT—Page 2
C. Obtaining all necessary material samples and conducting all necessary material tests in accordance with NYSDOT's Materials methods.
If NYSDOT determines that plant inspections far hot xnix asphalt and porkland cement concrete will be required,the Permittee shall make
arrangements with a testing laboratory approved by NYSDOT to perform such inspections according to NYSDOT's Standards. The
Permittee will be responsible for all costs associated with obtaining and testing of samples.
D.Preparation of all drawings,sketches,and plans necessary for changes to meet actual tield conditions.
E.Providing three sets of Record(As-Built)Plans upon completion of the wark.
F. Reviewing and inspecting compliance with all aspects of the Wark Zone Traffic Control provisions of the Plans,the Permit,MUTCD
and NYSDOT Standard Specifications and notifying NYSDOT of any noncompliance issues.
G. The Consultant shall notiYy NYSDOT,Permittee and Contractor of a circumstance or condition of the wark observed by and known to
the Consultant per required training to be a violation of a Federal, State or local law,ordinance or regulation. The Consultant shall inform
NYSDOT of any violations in the performance of the wark on this permit which are not immediately corrected.In the event the Consultant
recognizes a Contractor's oversight or a Contractor's disregard of project safety requirements which poses an immediate risk of serious
personal injury and/or property damage, the Consultant shall have the authority to immediately issue a Stop-Wark Order, and then the
Consultant shall promptly notify NYSDOT and the Permittee of such order. Notification and/or issuance of a Stop-Wark Order by the
Consultant shall not relieve the Contractor from sole responsibility for job site safety and compliance with all applicable Federal,State or
local laws,ordinances and regulations.
NYSDOT reserves the right to inspect the wark,but is under no obligation to perform such inspections and assumes no responsibility for
lack of any compliance on the part of the Contractor. If NYSDOT determines that there are serious or persistent violations of applicable
Federal,State or local laws,ordinances and regulations in the wark of this Permit,NYSDOT may issue a Stop-Wark Order and all Permit
wark will cease immediately. In addition,the Permit may be revoked if the safety issues are not resolved to NYSDOT's satisfaction.
The Consultant is responsible far monitoring the Contractor's efforts to maintain traffic and protect the public from damage to person or
property in accordance with plans and specitications,within the limits of,and far the duration of,the permit wark.
8. The Permittee shall reimburse the State for all reasonable Permit engineering review costs, and for any NYSDOT completed inspections which
may be necessary due to negligence on the part of the Permittee,its Contractors,ar the Consultant. These costs shall include,but not be limited to,
salaries and fringe benefits for NYSDOT staff performing inspections, and for material inspectors, travel costs, etc. All wark performed by the
Permittee shall be at no cost to the State. If costs are incurred by NYSDOT,NYSDOT will bill the Permittee monthly,and the Permittee agrees to
pay all such bills within 30 calendar days of the billing date.Failure to pay such bills promptly shall be deemed a breach of the Permit.
9.Prior to the intended commencement of wark,the Permittee shall develop a schedule from the contractors'wark programs far the accomplishment
of all wark authorized by the Permit and shall submit this schedule to the Consultant and NYSDOT far informational purposes. The Permittee shall
promptly notiYy the Consultant and NYSDOT of any changes to the schedule.
10. The Permittee shall designate in writing to NYSDOT the Contractor's on-site person who will be responsible for all construction activities
covered by this Permit,and shall immediately notify the Consultant and NYSDOT in writing if there is any change of the person so designated. The
Permittee shall also designate one ar more persons as emergency contacts and shall establish an emergency telephone list. This list shall be kept
current by the Permittee and shall be provided to the Consultant,to NYSDOT,and to local public safety agencies.
11.Priar to the commencement of wark the Permittee shall arrange a pre-construction meeting with NYSDOT statf the Consultant,the Permittee,
and the Permittee's contractors. The purpose of this meeting is to ensure that there is a clear understanding,especially on the part of the Contractors
and Consultant,of the requirements imposed by the terms and conditions of the Permit. The Permittee shall notify the Regional Permit Engineer a
minimum of 10 days priar to the meeting date.
� ,L�'' '�,�,;
. �
�
Consultant Authorized Signature * Permittee Signature
Associate Principal Michael R. Phinney, Partner
Title Title
The LA Group 550 Union, LLC
Consulring Firm Corporarion
*Consultant authorized signature must be by person who can legally commit the consulring firm to the requirements of this agreement.
YORK WQrkers= CERTIFICATE OF
STA7E Compensation NYS WORKERS' COMPENSATION INSURANCE COVERAGE
Baard
1a.Legai Narr3e&Address of lnsured(use street address only) ib,8usiness Telephone Number of Insured
Trinity Building and Construction Managemen!Corp. 78t-938-0008
dne Jewel Drive,5uite 322
Wilmington,MA 01887 1c.NYS�fnemployment Insurance Employer Registration iVumber of
Insured
47-51136-3
Work Location of Insured(Only req�ired if coverage is speciFcally limrted ro �d.Federal�mplayer ldentification iVumber of Insured ar Social Sscuri
certarn locatrons rn New York Siate,r.e.,a Wrap-Up Policy) tY
Number
202917229
2.Name and Address of Entity Requesting Proof of Coverage 3a.Name of Ensurance Carrier
(Entity Being Listed as the Certificate Holder) 1'ravelers Indemnity Company of Conneclicut
City of Saratoga Springs
474 Broadway 3b.Policy Number of Entity Listed in Box"ta"
Saratoga Springs,NY 12866 UB8J0772p31826G
3c.Policy effective}�eriod
llf:SUlZU"ItS t� "1173UlYU7y
3d.The Proprietor,Partners or Executive Officers are
�X inCluded.(Qnly check 6ox if all partnerslafflcers induded)
[] all excluded or certain partners/o�icers excluded.
This certifies that the insurance carrier indicated above in box"3"insures the business reFerenced above in box"1a"for warkers'
compensation under the New York 5tate Workers'Compensation Law. {To use this form, New York{NY)must be listed under it�m 3A
on fhe INFORMATION PAGE of the workers'compensation fnsurance policy). The Insurance Carrier ar its licensed agent will send
this Certificate of Insurance to the entity fisted above as the certificate holder in box"2".
7he insurance carrier must notify the above certificate holder and the Workers'Compensation 8oard within 1�days IF a policy is canceled
due to nonpayment of premiums or within 30 days IF there are reasons other than nonpayment of premiums that cancel the policy or
eliminate the insured from the coverage indicated on this Certificate. (These notices may be sent by regular mail.)Othsrwise,this
Certificate Is valid for one year after this form is appro�ed by the insurance carrier or!ts licensad ageni,or until the poficy
expiration date listed in box"3c",whichever is earlier.
This certificate is issued as a matter of information only and confers no righ#s upon the certificake holder.This cer#ificate does nat amend,
extend or alter the coverage afforded by the palicy listed,nor does it confer any rights or responsibilities beyond those con#ained in the
referenced�alicy.
This certificate may be used as evidence of a Workers'Compensation contract af insurance only while the ur�deriying palicy is in effect.
Please Note: Upan cancellation of the workers'compensation policy indicated on this form, if the business continues to be
named on a permit,licens8 or contract issued by a certificate holder,the business must provide that certifrcate halder with a
new Certificate of Workers'Compensation Coverage or other authorized proof that the business is complying with the
mandatory coverage requirements af the New York State Workers'Com�ensatian Law.
Under penalty of perjury, f certify that I am an authorized representative or licensed agent of the insurance carrler referenced
above and that the named insured has the coverage as depicted on this form,
Appro�ed by: Marc A.Bergeron
(P'ni name af authorized representative or licensed agent oi insurance carrier)
Approved by_ ?�� ��, $'/�//�
(Signature) {�ate)
Title: Authorized#iepresentative
Telephone Number af authorized representative or licensed agent of insurance carrier: 781-935-8480
Pieass Note:Onfy insurance carrlers and their licensed agents are authorized to issue Form C-105.2. Insurance brakers are NOT
suthorized to issue it. �
C•105.2 (9-17) www.wcb.ny.gov
Workers' Compensation Law
Section 57. Restriction on issus of permits and the entering into contracts unless compensation is secured.
1. The head of a state ar municipal department, board, commission ar office authorized vr required by law fo issue any
permit for or in connection with any work inval�ing the employment of emplayees in a hazardous errEployment defined
by this chapter, and notwithstanding any generaf or special statute requiring 4r authorizing the issue of such permits,
shall not issue such permit unless proof duly subscribetf by an insurance carrier is produced in a form satisfactory #o
the chair, that cflmpensation for all employees has been secured as provided by this chapter. Nathing herein,
however, shall be construed as creating any liability on the parE af such state or municipal department, board,
commission or ofFice to pay any campensation to any such ernploye� if so emplayed.
2. The head of a state o► municipal department, board, comm9ssion ar office authorized or required by law to enter into
any cor�tract for or in cannection with any work involving the employment of employees in a hazardo�s employment
defined by this chapter, notwithstanding any general or special statufe requiring ar autharizing any such contract, shall
not enter inta any such contract unless proof duly subscribed by an insuTance carrier is produced in a form satisfactory
to the chair, that compensatian for all employees has been secured as pro�ided by this chapter.
G105.2 (9-17) REVERSE
NEw Workers' CERTIFICATE OF INSURANCE COVERAGE
'�n i Compensaticn
Board DISABILITY AND PAID FAMILY LEAVE BENEFITS L.AW
PART 1.To pe tompleted by Disability and Paid Family Lea�e Benefits Carrier or Licensed Insurance Agent of that Carrier
1 a.Legal Name�Address of Insured(use street atidress only) 1b.Business Tslephone Number of Insured
TRINITY 8111L01NG AND CONSTRUCTION MANAGEMENT CORP. (781}938-0008
ONE JBWEL DRIV6 STE 322
WILMINGTOlV,MA 01887
1 c.Federal Employer ldentification Number of Insured or Social Security
Work Location of Insured(Only required ilcovarage is specihcalfy limitee ta Number
ceRain foca6ons in New Yark State,i.e.,a Wra�tJp Policy)
242917229
2.Name and Address a#Entity Requesting Praof of Coverage 3a.Name of Insurance Carrier
(Entity Being Listed as ihe Certificate Ho]der) New York 5tate Insurance Fund{NYSIFy
CITY OF SARATOGA SPRINGS
a�a BROADwAY 3b,Aolicy Number af Entity Listed in Box"1a"
SARATOGA SPRINGS,NY 72866 D6L 6003 25-6
3c.Policy effective period
11130I201 S to 11/30/2019
4.Policy provides lhe Following benefits:
� A,Both disabilily and paid family ieave benefits
a B.Disability benefits only
❑ G.Paid family leave benefits only
5.Policy cavers;
� A.Ail ot the employers employees eligible under the NYS pisability and Paid Family Leave Benefifs Law
� 6.Only the following Gass or classes of employer's employees:
Under pena{ty of perjury,I cerlify that I ain an authorized representative or licensed agent of the insurance carrier referenoed above and that the named
insured has NY5 Disahility andlor Paid Family Leave 8enefits insurance caverage as described abo�e.
Date 5igned 817120i9 �y ,--��-�;��"~'
(Signature of insuran[e tarrie�'s au[horized represen[ative or NYS Licensed Insu�an[e Agent ot that insurance carrierj
Telephone Number (8&6)897-4332 Name and Title Melissa Jensen,Dlrector of Disability lnsurance Llnit
1MPORTANT: If Box 4A anc!5A are checked, and this form is signed by the insurance carrier's autharized representative or NY5
Licensed Insurance Agent of that carrier,this certificate is CQMPLETE. Mail iE directly to the certificate holder.
If Bax 4B,4C or 5B is checke[!, this certificate is NOT COMPLETE far purpases of Secfion 220, Subd. 8 of the NYS
Disability and Paid Family Leave Benefits Law. It must be mailed for compketion to the Warkers' Cornpensation Board,
QB Plans Acceptance Unit, PO Bvx 5200, Binghamton, NY 13902-5200
PAR7 2.To he completed by the NYS Workers'Compensation Board(Only if Box 4C or 58 of Part 1 has been checked)
State of New York
Workers' Compensation Board
According ko information maintained by the NYS Workers'Compensation Baard,the above-named employer has complied with the NYS
DisaF�ifity and Paid Family Lea�e Benefits Law with respect to all of his/her employees.
Date Signed By
�Signature at Authorized NYS Workers'Compensation Board Empinyee)
Telephone Number lVame and Title
Please Nofe:Only insurance camers licensed to write NY5 drsabilify and paid�amiJy leave beneflrts ins�ranca policies and NYS lrcensed irrsurance agents
of those insurarrce carriers art euthorrzed to rs5ue Form pB-120.?. lnsurance brokers are NDT authorized to lssue this form.
oa-�za.� �10-��� Certificate Numb�r 561248
Additional Instructions for Form DB-120.1
By signing this form, the insurance carrier identified in box"3"on this form is certifying that it is insuring the busin�ss
referenced in box"1 a"for disabi[ity and/or paid family lea�e benefits under the IVew York State Disability and Paid Family
Leave Benefits Law. The Insurance Carrier or its licensed agent will send this Certificate of lnsurance to the entity IistetE as
the certificate holder in bax"2".
The insurance carrier must notify the above certificate holder and the Worker's Compensation Board within 1 Q days IF a
policy is cancelled due to nonpayment of premiums ar within 30 days IF there are reasons other than r�onpayment of
premiums that cancel khe policy or eliminate the insured from coverage indicated on this Certificate. (These notices may be
sent by regular mail.) Otherwise, this Cartificate is valid for one year a�ter this form is approved by the insurance carrier or its
licensed agent, or until the poiicy expiration date iisted in Box 3c,whichever is earlier.
This certificate is issued as a matter of informatian anly and confers no rights upon the certificate holder. This certificate
does not amend, extend or alter the coverage afforded by the policy listed, nor does it confer any rights ar responsibilities
beyond thase contained in the referenced policy.
This certi#icate may be used as e�idence of a Disabifity and/or Paid Family Leave Benefits contract of insurance only while
the underiying policy is in effect.
Please Note: Upon the cancellation of the disability andlor paid famity �ea�e benefits policy indicated on #his form,
if the business continues to be named on a permit, iicense or contract issued 6y a certificate holder,the business
must provide that certificate hoider with a new Certificate of NYS �isability andlor Paid Family Lea�e Benefits
Coverage vr ather authorized proof that the business is complying with the mandatory coverage requirements of
the New York State Disability and Paid Family Lea�e Benefits Law.
DISABILITY AND PAID FAMILY LEAVE BENEFITS LAW
§220. Subd. 8
(a) The t�ead of a state or municipal department, board, commission ar offce autharized or required by law to issue any
permit for or in connection with any work in�olving the errtployment of employees in employment as defined in khis ar#icle, and
not withstanding any general or special statute requiring or authorizing the issue of such perrnits, shal! not issue such permit
unless proof duly sul�scribed by an insurance carrier is produced in a form satisfactory to the chair, that the payment of
disability benefits and after January first, two thausand and twenty-one, the payment of family leave benefits for all
employees has been secured as provided by this articEe. Nothing herein, hnwever, shafl be construed as creaking any liability
on the part of such state or municipal departmenk, board, commission or o�ce to pay any disabiEity benefits to any such
empfoyee if sa emplayed.
(b)The head of a state ar municipal department, board, cammission ar affice authorized or required by law to enter�nta any
contract for or in connectian with any wark involving khe emplayment of employees in employment as defined in tF�is article
and notwithstanding any general or special stat�te requiring or authorizing any such contract, shall not en#er into any such
contract unless proaf duiy sul�scribed by an insurance carrier is produced in a form satisfactory to the chair, that the payment
of disability ben�fits, and after January first, two tl�ousand eighteen, #he payment of family leave benefits for ai�employees
has been secured as provided by this article.
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