HomeMy WebLinkAboutFI Ferry Term Exp-Conn DOTSTATE OF CONNECTICUT
DEPARTMENT OF TRANSPORTATION
2800 BERLIN TURNPIKE, P.O. BOX 317546
NEWINGTON, CONNECTICUT 06131-7546
Phone:
(860) 594-3272
Januaw 17,2006
Mr. Joshua Y. Herren
Town Supervisor
Town of Southold
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Dear Mr. Herren:
JAN 2 3 2006
SU?ERVISOR'S 0~:~:ICE
TOWN OF SOUTHOLO
Subject:
Project No. 094-212
F.A.P. No. FBD-1094 (103)
Fishers Island Ferry District Terminal
Expansion - New London
Enclosed is an original copy of Agreement No. 05.27-01 (04) for your information
and files.
Should you have any questions, please contact the Project Manager, Mr. John
Waleszczyk, at (860) 594-3300.
Very truly ,yo~s,
i~mo/t~y~M. Wilson, P.E.
Acting Manager of State Design
Bureau of Engineering and
Highway Operations
Enclosure
An Equal Opportunity Employer
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
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 TH[!
FERRY BOAT DISCRETIONARY PROGRAM
State Project No. 94-212 Federal Aid Project No. FBD- 1094(103)
THIS AGREEMENT, concluded at Newington, Connecticut, this ~:~c,~ day of ~) ~
2005, by and between the State of Connecticut, Departtnent of Transportation, Stephen E. Korta, II,
Commissioner, acting herein by Arthur W. Gruhn., 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 119571-0959, 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 t)6390, acting herein by Reynolds duPont, Jr.,
Chairman, hereunto duly authorized, hereinafter referred to as the Ferry 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 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" 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
FitSy-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
constmction activities required for this Project as originally anticipated, and
WHEREAS, Article 22 of the Original Agreement 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 transfer 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 Connecticut, 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 ($7,190,625) for
services to be provided by the Felyy 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 is Five
Million Seven Hundred Fifty-two Thousand Five Hundred Dollars ($5,752,500).
ESTIMATED CONSTRUCTION COSTS
State Project No. 94-212
Federal Aid Project No. FBD-1094(103)
A. Construction (Contract Items)
$7,190,625
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
2
Estimated Ferry District Proportionate Share of Total Construction Cost
(20% of D)
$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 right 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:
Executive Order 7A
This provision and its subsections are included in this Agreement in accordance with sections 6 and l
of Governor M. Jodi Rell's Executive Order #7A: (a) The State Contracting Standards Board (the
"Board") may, for cause, review this Agreement and recommend to the contracting agency~ for itsoF
consideration and final determination as required or permitted by and in accordance with this
and applicable law, termination of this Agreement after providing fifteen days' prior
Agreement
written notice to the contracting agency and the applicable contractor that it will review the
Agreement. The results of the Board's review, together with its recommendations, shall be provided
to the contracting agency and any other affected party in a timely manner, provided that nothing shall
be construed to limit the power of the commissioner or department head of the contracting agency to
consider the recommendations of the Board, as required or permitted in accordance with applicable
law. For the purpose of this provision, "for cause" means: (1) A violation of Sections 1-84, 1-86e or
4a-100 of the Connecticut General Statutes or (2) wanton or reckless disregard of any State
contracting and procurement process by any person substantially involved in this Agreement or the
contracting agency. (b) The contractor shall disclose to the head of the contracting agency prior to its
execution of this Agreement any items of value provided to any State employees for which full
payment has not been made.
3A
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:
By:
STATE OF CONNECTICUT
Department of Transportation
Stephen E. Korta, II
Comm~~ ~-
~"~'~ Seal
Arthur W. Gruhn, P.E.
Chief Engineer
Bureau of Engineering and
Highway Operations
Name: ~ [ ~
Name Thomas F Doherty
Name: atric~ ~gan
Name: ~vnne M. Krauza
4
Date:
FISHERS ISLAND FERRY DISTRICT
By: ~duPon~,~r. ~,(Seal)
TOWN~ SOUND
By:///~~'''~
/ JoShua Y. Ho on
Town Supervisor
Date: August 3, 2005
(Seal)
Agreement No. 5.2%01(04)
APPROVED AS TO FORM:
Attorney General
State of Connecticut
Date:
FISHERS ISLAND FERRY DISTRICT
PO BOX H
FISl~ERS ISLAND, NY 06390
631-788-7463
RESOLUTION
September 1, 2004
At the September 1, 2004 meeting of the Fishers Island Ferry District Board of
Commissioners, the following resolution was brought by the Board.
On a MOTION by Chairman duPont,
SECONDED by Commissioner Burnham,
The Resolution dated January 29, 2003, authorizing Reynolds duPont Jr. to sign the
agreement among the Town of Southold, State of Connecticut and the Fishers Island
Ferry District with regards to the New London Ferry Terminal Expansion, State Project
No. 094-0212, is still in full force and effect
Vote of the Commissioners:
~_ Commissione~r~Ahman, Burnham, duPont, and Giles.
: None
Thomas F. Doherty U
Manager/~ecretary
Fishers,I'~land Ferry/District
T~0)IA~ ~. D0~T~'
Janun~y 29, 2003
At a special polled meeting of the Board of Commissioners of the Fishers Island Feo'y
District, held on.fanuary 29, 2003 the following resolution wns passed:
On a motion by Commissioner duPont, nnd seconded by Commissioner Esser it was;
RESOLVED: lhat Mr. Reynolds duPont, ~r., Chairman, be and hereby is authorized to
si~n the Agreement emit[ed, "Al~nm~nt Between the State of Connecticut, the Town of
Southold, NY nnd the Fishers Island Ferry District for the C~.strucfion, Inspection and
Mn;m ~,~n,',ce requested in con?nc~ion with the New Lo.on Ferry Terminal F.~n
for ~ Fishers Island Fray District mili~n6 Federal Ftmds fi'om the Ferry Bost
Di~c~etionary Program~, State Project No. 0940212.
ADOPTED BY ~ FISHERS T~.AIqD FIERY DISTRICT COI~dlSSION, THIS
29T~ DAY OF JANUARY, 2003
Vote of the Board of Commissioners:
Ayes: Commissioners duPont, Aiunan, F_~er, Burnham and Giles.
Nays: None.
I 'on ' in full: force and effect.
to the D~str~
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone ~631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTttOLD
November 18, 2004
James H. Norman, P.E.
Manager of State Design
Bureau of Engineering Operations
State of Connecticut
Department of Transportation
2800 Berlin Turnpike
P OBox 317546
Newington, CT 0617546
Dear Mr. Norman:
Please accept this letter as confirmation that Southold Town Board Resolution
No. 71 of 2003 authorizing Southold Town Supei~isor Joshua Y. Horton to sign
the Agreement entitled, "Agreement Between the State of Connecticut, the To~vn
of Southold, NY and the Fishers Island Ferry Disl;rict for the Construction,
Inspection and Maintenance requested 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. 094-0212, is valid
and remains in effect.
Very truly yours,
Linda J. Cooper
Deputy Town Clerk
SEP-81-2E~]~ I~:~lP~ 860 59~1 ]~19 860 594 ]218
ToWI~ CLERK
I~OISTP~R OF VITAL STATIST]CS
RF~OPUDS lVlANAGF_J~N? OFFICER
FREEDOM OF IN"FO!mJ~ATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Sou/hold, New York 11971
Fax (631) 765-6145
Telephone (681) 765-1800
southol drown,north fork.n et
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 71
OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE
$OUTHOLD TOWN BOARD ON FEBRUARY 4, 2003:
RESOLVED that thc Town Board of thc Town of Southold anthorize$ and
directs Supervisor Joshua Y, Horton to sign the Agreement entitled,
"Agreement Between the State of Connecticut, the Town of Sonthold, iVY
and the IrLshers Islnnd Ferry District for thc Construction, Inspection and
Malntenancc requested in conjunction with the New London Ferry Terminal
Expansion for the Fishers Island Ferry District utilizing Federal Fnnds from
the Ferry Boat Discretionary Program", State Project No, 094-0212.
Elizabeth A. Neville
$outhold Town Clerk
TOTAL