HomeMy WebLinkAboutFishers Island Ferry District Terminal Expansion - PRELIMINARYRESOLUTION 2009-63
ADOPTED
DOC ID: 4572
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-63 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 6, 2009:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Second Supplemental Agreement to the original
Agreement dated August 19~ 2003~ between the State of Connecticut~ Town of Southold~
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.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
PATRICIA A. FINNEGAN
TOWN ATTORNEY
patricia, finnegan (Wtown.southold.ny.us
KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kicran.corcoran@town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
[orLhulse@town.southold.ny.us
SCOTT A. RUSSELL
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
January 27,2009
State of Connecticut Department of Transportation
2800 Berlin Turnpike, P.O. Box 317546
Newington, CT 06131-7546
Attention: Mr. James H. Norman, P.E.
Manager of State Design
Bureau of Engineering and Highway Operations
RE:
Project No. 094-212
F.A.P. No. FBD-1094 (103)
Fishers Island Ferry District Terminal
Expansion - New London
R~CEIV~D
Dear Mr. Norman:
Pursuant to your letter dated December 8, 2008, I am enclosing three
counterparts of the Second Supplemental Agreement among the State of Connecticut,
Fishers Island Ferry District, and the Town of Southold in connection with the referenced
matter, all of which have been executed by the Town of Southold and the Fishers Island
Ferry District. Also enclosed are the resolutions as well as the Nondiscrimination
Certification forms for both the Fishers Island Ferry District and the Town of Southold.
We would appreciate your forwarding us a fully executed original Agreement
once it is available for our records.
If you have any questions or require anything further in this regard, please do not
hesitate to call me.
V~uly yours, .
Secretary to the Town Attorney
/Ik
Enclosures
cc: Members of the Town Board (w/o encls.)
Ms. Elizabeth A. Neville, Town Clerk (w/encls.) ~
Patricia A. Finnegan, Esq., Town Attorney (w/encls.)
Agreement No. 4.09-01 (08)
Core ID# 01DOT0055AA
SECOND 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 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 ,
2008, by and between the State of Connecticut, Department of Transportation, Joseph F. Marie,
Commissioner, acting herein by Michael W. Lonergan, P.E., Acting 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 Scott A.
Russell, 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, hereinat~er 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),
dated August 19, 2003, hereinafter referred to as the "Original Agreement" and a First Supplemental
Agreement No. 5.27-01 (04), dated November 30, 2007, and
"WHEREAS, eighty percent (80%) of the total construction cost set forth in Article (45) of
the Original Agreement ($6,353,125) shall be reimbursed by the State utilizing funds from the
Federal Highway Administration Ferry Boat Discretionary Program and the remaining twenty percent
(20%) of said cost will be the responsibility of the Ferry District and/or town, and
WHEREAS, one hundred percent (100%) of the additional costs incurred by the Ferry District
and addressed in the First Supplemental Agreement ($750,000) to complete the Project shall be
reimbursed by the State utilizing funds made available 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, certain costs included in Article (45) of the Original Agreement that were
amended in the First Supplemental Agreement, more specifically in Items A, D, and F of the
"Estimated Construction Costs," and the paragraph which precedes said "Estimated Construction
Costs," were incorrectly stated and need to be corrected to provide a more concise description of the
federal funding sources being utilized for this Project, 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, as amended, 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 Five Million Eighty-two Thousand Five Hundred
Dollars ($5,082,500) will be reimbursed by the State utilizing funds from the Federal
Highway Administration Ferry Boat Discretionm3~ Program and one hundred percent
(100%) of the additional certified amount expended by the Ferry District, not to
exceed Seven Hundred Fifty Thousand Dollars ($750,000) will be reimbursed by the
State utilizing funds made available for this Project due to the transfer of unobligated
balances of Federal-aid Highway Fund to Section 115 projects pursuant to the
Consolidated Appropriations Act, 2004, Public Law 108-199. All such costs
incurred by the Ferry District must be certified and approved by the State as
participating Project costs under the terms of this Agreement.
That the last sentence of the first paragraph of Article (37) of the Original Agreement is hereby
deleted.
That Article (37) of the Ohginal Agreement is hereby amended to include the following
paragraph:
"The Ferry District shall produce, within five (5) business days, a copy or copies of all
applicable insurance policies when requested by the State. In providing said policies,
the Ferry District may redact provisions of the policy that are proprietary. This
provision shall survive the suspension, expiration or termination of this Agreement."
4. That Article (45) of the Original Agreement, as amended, 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
One Hundred Three Thousand One Hundred Twenty-five Dollars ($7,103,125), which
includes anticipated expenditures of Seven Million Three Thousand One Hundred
Twenty-five Dollars ($7,003,125) 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
maxtmum 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 Proiect No. 94-212
Federal Aid Project No. FBD-1094(103)
FERRY BOAT DISCRETIONARY PROGRAM
(80% FEDERAL, 20% FERRY DISTRICT)
A. Construction (Contract Items)
$6,253,125
B. Incidentals to Construction (State
Oversight )
$70,000
C. Incidentals to Construction (State Material
Testing)
$30,000
D. Total Construction Cost (A + B + C)
$ 6,353,125
E. Federal Share of TotalConstmctionCost(80%
of D)
$5,082,500
F. Estimated Ferry District Proportionate Share of Total
Construction Cost (20% of D)
$1,270,625
G. Maximum Amount of Reimbursement to the Ferry
District
$5,002,500
H. Amount to be Deposited by the Ferry District to the State in
accordance with this Agreement
$20,000
SECTION 115 PROJECTS PURSUANT TO THE CONSOLIDATED APPROPRIATIONS
ACT, 2004, PUBLIC LAW 108-199
(100% FEDERAL)
t. Total Construction Cost
$750,000
3
J. Maximum Amount of Reimbursement to Ferry $750,000
District
SUMMARY
K. Construction (Total Contract Items) (A + I)
L. Total Construction Cost of Project (D + I)
M. Total Federal Share of Total Construction Cost (E + I)
N. Maximum Amount of Reimbursement to the Ferry District (G +J )
$7,003,125
$7,103,125
$5,832,500
$5,752,500
That Article (6) of "Exhibit A - Administrative and Statutory Requirements" of the original
Agreement is hereby deleted and the following is substituted in lieu there of:
The Ferry District hereby acknowledges and agrees to comply with the policies
enumerated in "Connecticut Department of Transportation Policy Statement Policy No.
F&A-10, Subject: Code of Ethics Policy", June 1, 2007, a copy of which is attached
hereto and made a part hereof.
That Article (11) of "Exhibit A - Administrative and Statutory Requirements"
of the original Agreement is hereby deleted and the following is substituted
in lieu there of:
"It is further understood and agreed by the parties hereto, that the Ferry District shall
not use the defense of Sovereign Immunity in the adjustment of claims or in the
defense of any suit, including any suit between the State and the Ferry District, unless
requested to do so by the State. If this Agreement is between the State and a
Municipality, the Municipality agrees that in the event of an adjustment of claims or in
the defense of any suit between the State and the Municipality, the Municipality shall
not use the defense of Governmental Immunity."
That the Original Agreement is hereby amended to include the following:
"The Ferry District agrees that the sole and exclusive means for the presentation of any
claim against the State arising from or in connection with this Agreement shall be in
accordance with Chapter 53 of the Connecticut General Statutes (Claims against the
State) and the Ferry District further agrees not to initiate legal proceedings in any State
or Federal Court in addition to, or in lieu of, said Chapter 53 proceedings."
"That this Agreement shall be governed, interpreted and construed under and in
accordance with the laws of the State of Connecticut, whether or not its conflict of
laws principles would dictate otherwise. This Agreement shall be deemed to have
been made in Hartford, Connecticut."
4
"T.he Fe .n-y District irrevocably consents with respect to any claims or remedies at law
or in eqmty, arising out of or in connection with this Agreement to the jurisdiction of
the Connecticut Superior Court (except as otherwise required by law or that
Agreement) and, with respect to any claim between Parties, to venue in Judicial
District of Hartford-New Britain at Hartford or the United States Federal Court,
District of Connecticut, and irrevocably waives any objections that it may have to such
jurisdiction on the grounds of lack of personal jurisdiction of such court or the laying
of venue of such court or on the basis of forum non conveniens or otherwise. Nothing
herein shall be construed to waive any of the State's Immunities."
Agreement No. 4.09-01 (08)
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
Joseph F. Made
Commissioner
Name:
By:
Michael W. Lonergan, P.E.
Acting Chief Engineer
Bureau of Engineering and
Highway Operations
(Seal) ·
NalTle~
Date:
FISHERS ISLAND FERRY DISTRICT
By: ~~-q~ (Seal)
~ey/olds duPont, Jr.
Chairman
Date: / ~q--/&~
Sandra Berl±ner
Ruthanne Woodhull
TOWN 0~UTHOLD
By:
Scott A. Russell
Town Supervisor
(Seal)
~
6
Agreement No. 4.09-01 (08)
APPROVED AS TO FORM:
Attorney General
State of Connecticut
Date:
TIIOMA$ E DOtlITJtTY
T,,LpI,o,,~, 631.788.746'3
631.788.5593
P.O. tlox ti
]SI. AND. NI~w Yong 06'390
December 17, 2008
At a regular meeting of the Board of Commissioners of the Fishers Island Ferry District,
held on December 17, 2008 the following resolution was:
MOVED by Commissioner Giles and
SECONDED by Commissioner Burnham it was;
RESOLVED: that Mr. Reynolds duPont, Jr., Chairman, be and hereby is authorized to
sign the Agreement entitled, "Agreement Between the State of Connecticut, the Town of
Southold, NY and the Fishers Island Ferry District 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.
ADOPTED BY THE FISHERS ISLAND FERRY DISTRICT COMMISSION, THIS
17TM DAY OF DECEMBER, 2008.
Vote of the Board of Commissioners:
Ayes: Commissioners Ab. man, Brooks, Burnham, duPont and Giles.
Nays: None.
tiz~n full force and effect.
Thomas FI Doherty (~ ]
Manager//Seeretary t~ the District '-~
Date
NONDISCRIMINATION CERTIFICATION
I, Reynolds duPont, Jr., Chairman of the Fishers Island Ferry District, an entity lawfully
organized and existing under the laws of the State of New York, do hereby certify that
the following is a true and correct copy of a resolution adopted on the 17th day of
December, 2008 by the governing body of the Fishers Island Ferry District, in accordance
with all of its documents of governance and management and the laws of the State of
New York, and further certify that such resolution has not been modified, rescinded or
revoked, and is, at present, in full force and effect.
RESOLVED: That the Fishers Island Ferry District hereby adopts as its policy
to support the nondiscrimination agreements and warranties required under
Connecticut General Statutes §4a-60(a)(1) and §4a-60a(a)( 1 ), as amended in
State of Connecticut Public Act 07-245 and sections 9(a)(1) and 10(a)(1) of
Public Act 07-142.
WHEREFORE, the undersigned has executed this Certificate this~ '"d~y of January,
2009.
Fishers I~and Ferry Distr~ct ~,
By: ! ·
NONDISCRIMINATION CERTIFICATION
I, Scott A. Russell, Supervisor of the Town of Southold, an entity lawfully organized and
existing under the laws of the State of New York, do hereby certify that the following is a
true and correct copy ora resolution adopted on the 6"' day of January, 2009 by the
governing body of the Town of Southold, in accordance with all of its documents of
governance and management and the laws of the State of New York, and further certify
that such resolution has not been modified, rescinded or revoked, and is, at present, in tull
force and effect.
RESOLVED: That the Town of Southold hereby adopts as its policy to
support the nondiscrimination agreements and warranties required under
Connecticut General Statutes §4a-60(a)(1) and §4a-60a(a)(l ), as amended in
State of Connecticut Public Act 07-245 and sections 9(a)(l) and 10(a)(1) of
Public Act 07-142.
WHEREFORE, the undersigned has executed this Certificate this [ ~day of January,
2009.
TownofSou~_