HomeMy WebLinkAboutNew London Ferry ExpansionJOSHUA Y. HORTON
SUPERVISOR
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York ! 1971-0959
Fax (631) 765-1823
Telephone (631) 765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
To:
From:
Date:
Re:
James H. Norman, P.E.
Connecticut State Department of Transportation
Joshua E Horton, Supervisor
Town of Southold
August 8, 2005
Project No. 094-212
F.A.P. No. FBD-1094 (103)
Fishers Island Ferry District Terminal
Expansion - New London
Enclosed please find three copies of the revised First Supplemental Agreement
between the State of Connecticut, the Fishers Island Ferry District and the Town of
Southold relative to the expansion of the New London Ferry Terminal. Per your
instructions, these agreements have been executed by myself and two witnesses.
Please let me know if you need anything additional.
FORM TO ACCOMPANY CONTRAC.TS, LEASES
AND AGREEMENTS SENT TO THE TOWN ATTORNEY
FOR APPROVAL
The document is between the Town of Southold and
,/" New
Renewal
If renewal, what is the expiration date of the previous document?
Term of document:
Information regarding the nature of the document (what is it for):
Resolution Date:'~,
Date document needs to be signed
Sent to: Te~,,~ ~'~,'~-'1 Date:
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RESOLUTION AUGUST 2, 2005 V-485
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Joshua Y. Horton to execute a First Supplemental Agreement
to the original Agreement d~ted August 19, 20037 between the State of
Connecticut, Town of $outhold~ and the Fishers Island Ferry District, for the
construction, inspection and maintenance required in conjunction with the New London
Ferry Terminal expansion for the Fishers Island Ferry District utilizing Federal funds
from the Ferry Boat Discretionary Program, subject to the approval of the Town
Attorney.
STATE OF CONNECTICUT
DEPARTMENT OF TRANSPORTATION
2800 BERLIN TURNPIKE, P.O. BOX 317546
NEWINGTON, CONNECTICUT 06131-7546
Phone:
(860) 594-3272
Mr. Reynolds duPont, Jr.
Chairman
Fishers Island Ferry District
P.O. Box Drawer H
Fishers Island, New York 06390
Dear Mr. duPont:
July 21, 2005
Subject:
Project No. 094-212
F.A.P. No. FBD-1094 (103)
Fishers Island Ferry District Terminal
Expansion - New London
Enclosed are three copies of the revised First Supplemental Agreement between
the State of Connecticut, the Fishers Island Ferry District, and the Town of Southold,
New York for the Construction, Inspection and Maintenance required in conjunction with
the New London Ferry Terminal Expansion for the Fishers Island Ferry District. The
agreement has been revised to reflect the additional funding amount without a
correction factor. The correction factor does not apply to Section 115 Federal funding.
Please note the following:
Your signature and those of two witnesses should be affixed to the three
agreements. Please sign your name as it appears on the signatory pages.
The signature of Mr. Joshua Y. Horton, Town Supervisor of Southold, New
York, and those of two witnesses should be affixed to the three
agreements. Please have him sign his name as it appears on the
signatory pages.
3. The witnesses shall sign in the same order on the three copies.
4. The witnesses' names shall be typed beneath their signatures.
An Equal Opportunity Emplogvr
Mr. Reynolds duPont, Jr.
-2o July 21, 2005
Please return the three signed copies of these agreements, as soon as possible,
so we may process them for State signatures. A fully executed copy of these
agreements will be returned to you upon their completion.
Very truly yours,
~IH. ~orman, P.fi.
Mann§er of State Dosion
Bureau o[ ~ncneering and
~ighway Operations
Enclosures
cc: Mr. Joshua Y. Horton, Town of Southold
Agreement No. 5.27-01(04)
FIRST SUPPLEMENTAL AGREEMENT
TO THE
ORIGINAL AGREEMENT DATED AUGUST 19, 2003
BETWEEN THE STATE OF CONNECTICUT,
THE TOWN OF SOUTHOLD, NEW YORK
THE FISHERS ISLAND FERRY DISTRICT
FOR THE
CONSTRUCTION, INSPECTION AND MAINTENANCE
REQUIRED IN CONJUNCTION WITH THE
NEW LONDON FERRY TERMINAL EXPANSION
FOR THE FISHERS ISLAND FERRY DISTRICT
UTILIZING FEDERAL FUNDS
FROM THE
FERRY BOAT DISCRETIONARY PROGRAM
State Project No. 94-212
Federal Aid Project No. FBD- 1094(103)
THIS AGREEMENT, concluded at Newington, Connecticut, this day of ,
2005, by and between the State of Connecticut, Department of Transportation, Stephen E. Korta, II,
Commissioner, acting herein by Arthur W. Gmhn., P.E., Chief Engineer, Bureau of Engineering and
Highway Operations, duly authorized, hereinafter referred to as the State; the Town of Southold, New
York, Town Hall, Route 25, Southold, New York 11971-0959, acting herein by Joshua Y. Horton,
Town Supervisor, duly authorized, hereinafter referred to as the Town; and the Fishers Island Ferry
District, P.O. Box Drawer H, Fishers Island, New York 06390, acting herein by Reynolds duPont, Jr.,
Chairman, hereunto duly authorized, hereinafter referred to as the Ferny District.
WITNESSETH, THAT,
WHEREAS, the State, the Town and the Ferry District executed an Agreement, No. 4.04-
01(01), entitled "Agreement Between the State of Connecticut, the Town of Southold, New York and
the Fishers Island Ferry Distxict for the Construction, Inspection and Maintenance required in
conjunction with the New London Ferry Terminal Expansion for the Fishers Island Ferry District
utilizing FederalFunds from the Ferry Boat Discretionary Program" dated August 19,2003, hereinafter
referred to as the Original Agreement, and
WHEREAS, the total cost for the construction phase of the Project, Six Million Three Hundred
Fifty-three Thousand One Hundred Twenty-five Dollars ($6,353,125), and the maximum amount of
reimbursement to the Ferry District, Five Million Two Thousand Five Hundred Dollars ($5,002,500),
provided for in Article (45) of the Original Agreement have been found to be insufficient to complete all
construction activities required for this Project as originally anticipated, and
WHEREAS, Article 22 of the Original Agreemem states that the Ferry District shall pursue
additional funding for this Project from State and Federal sources including the Department of Housing
and Urban Development, State of New York and the Ferry Boat Discretionary Program (under TEA 21),
and
WHEREAS, an additional Seven Hundred Fifty Thousand Dollars ($750~000) has been made
available for this Project due to the txansfer of unobligated balances of Federal-aid Highway funds to
Section 115 projects pursuant to the Consolidated Appropriations Act, 2004, Public Law 108-199~ and
WHEREAS, the Commissioner of Transportation is authorized to enter into this Agreement
pursuant to Sections 13a-165 and 13b-4(8)of the General Statutes of Counecticut, as revised.
NOW, THEREFORE, KNOW YE THAT:
THE PARTIES HERETO AGREE AS FOLLOWS:
That Article (28) of the Original Agreement is hereby deleted and the following is substituted in
lieu thereof:
(28) Use apportionments made available to the State under the provisions of the
Federal Highway Administration Ferry Boat Discretionary Program and the
Consolidated Appropriations Act, 2004, Public Law 108-199, to reimburse the
Ferry District for participating Project costs. Eighty percent (80%) of the
certified amount expended by the Ferry District, not to exceed the limits set forth
in this Agreement under Article (45), and approved by the State as participating
Project costs under the terms of this Agreement will be reimbursed by the State.
That Article (45) of the Original Agreement is hereby deleted and the following is substituted in
lieu thereof:
(45) That the total estimated cost for the construction phase of the project is Seven
Million Two Hundred Ninety Thousand Six Hundred Twenty-five Dollars
($7,290,625), which includes anticipated expenditures of Seven Million One
Hundred Ninety Thousand Six Hundred Twenty-five Dollars ($7390,625) for
services to be provided by the Ferry District and One Hundred Thousand Dollars
($100,000) for services to be provided by the State. The maximum amount of
reimbursement to the Ferry District under the terms of this Agreement ts Five
Million Seven Hundred Fifty-two Thousand Five Hundred Dollars ($5,752,500).
ESTIMATED CONSTRUCTION COSTS
State Project No. 94-2 l 2
Federal Aid Proiect No. FBD-1094(103)
A. Construction (Contract Items)
$7A90,625
B. Incidentals to Construction (State Oversight )
$70,000
C. Incidentals to Construction (State Material Testing)
$30,000
D. Total Construction Cost (A + B + C)
$ 7,290,625
E. Federal Share of Total Construction Cost (80% of D)
$5,832,500
Estimated Ferry District Proportionate Share of Total Construction Cost
(20% olD)
$1,458,125
Maximum Amount of Reimbursement to the Ferry District
$5,752,500
Amount to be Deposited by the Ferry District to the State in accordance
with this Agreement
$20,000
If an officer, employee or appointing authority of the Town or Ferry District takes or threatens to
take any personnel action against any employee of the Town or Ferry District in retaliation for
such employee's disclosure of information to the Auditors of Public Accounts or the Attorney
General under the provisions of this Article, the Town and/or Ferry District shall be liable for a
civil penalty of not more than Five Thousand Dollars ($5,000) for each offense up to a
maximum of twenty percent (20%) of the value of the contract. Each violation shall be a
separate and distinct offense and in the case of a continuing violation each calendar day's
continuance of the violation shall be deemed to be a separate and distinct offense. The executive
head of the Connecticut Department of Transportation may request the Attorney General to
bring a civil action in the superior court for the judicial district of Hartford to seek imposition
and recovery of such civil penalty.
The Town and Ferry District shall post a notice of the provisions of this Article in a conspicuous
place which is readily available for viewing by the employees of the Town and Ferry District.
The State is entitled to receive a copy of records and files related to the performance of the Ferry
District under this Agreement, and such records and files shall be subject to the Freedom of
Information Act and may be disclosed by the State pursuant to the Freedom of Information Act.
No request to inspect or copy such records or files shall be valid unless the request is made to the
State in accordance with the Freedom of Information Act. Any complaint by a person who is
denied the fight to inspect or copy such records or files shall be brought to the Freedom of
Information Commission in accordance with the provisions of Sections 1-205 and 1-206 of the
Connecticut General Statutes.
That all terms and conditions of the Original Agreement not specifically amended or deleted
herein, shall remain in full force and effect:
Agreement No. 5.27-01(04)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and
year indicated.
WITNESSES: STATE OF CONNECTICUT
Department of Transportation
Stephen E. Korta, II
Commissioner
Name:
By: (Seal)
Arthur W. Gmhn, P.E.
Chief Engineer
Bureau of Engineering and
Highway Operations
Name:
Name Thomas F. Doherty
Date:
FISHERS ISLAND FERRY DISTRICT
By: 0/~ ~(")~.~ ,~Seal)
J~Y~°lrm adendumOnt' ~'
Date: ~,~ ~ ~F
lC: Patric '~ g
Name:-~nne-'~]~'M. Krauza~J-'~-'~-J/~'
TOWN~ SOUk/~/D
By: , ~/f~~_ .... (Seal)
JoShua Y, Horton
Town Supervisor
Date: August 3, 2005
APPROVED AS TO FORM:
Agreement No. 5.27-01(04)
Attorney General
State of Connecticut
Date: