HomeMy WebLinkAboutNew London Ferry TerminalRESOLUTION 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
STATE OF CONNECTICUT
DEPARTMENT OF TRANSPORTATION
2800 BERLIN TURNPIKE, P.O. BOX 317546
NEWINGTON, CONNECTICUT 06131-7546
Phone:
(860) 594-3272
April 20, 2009
Mr. Scott A. Russell
Supervisor
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Dear Mr. Russell:
Subject:
Project No. 094-212
F.A.P. No. FBD-1094 (103)
Fishers Island Ferry District Terminal
Expansion - New London
Agreement No. 04.09-01 (08)
Enclosed is an original copy of the subject Agreement for your information and
files.
Should you have any questions, please contact the Project Manager, Mr. John
Waleszczyk, at (860) 594-3300.
Very tr~o¥ rs,
Manager of State Design
Bureau of Engineering and
Construction
Enclosure
APR 2 2 2009 ':~,, '~,
An Equal Opportunity Employer
Agreement No. 4.09-01 (08)
Core 1D# 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 .~03'"'-day of ~
20/08, 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, hereinafter referred to as the Ferry District.
W1TNESSETH, 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 l 15 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 Discretionary 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 ofunobligated
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 Original 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."
2
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
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)
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 Total Construction Cost(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,O02,5OO
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)
I. Total Construction Cost $750,000
3
Maximum Amount of Reimbursement to Ferry
District
$750,000
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."
"The Ferry District irrevocably consents with respect to any claims or remedies at law
or in equity, 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.
By:
WITNESSES:
STATE OF CONNECTICUT
Department of Transportation
Joseph F. Marie
Commissioner
Mich el onerga P
Achn Chief Englnee
Bureau of Engineering and
Highway Operations
Name:
Name:
FISHERS ISLAND FERRY DISTRICT
By: Re~uPon~t. ~!~
Chairman
(Seal)
Date:
Name: ~'~&~d~ ~ ~
Sandra Berliner
Name: /x ~¢~ccrA ~ 6"'J o o ~'~ ~/
Ruthanne Woodhull
TOWN O~UTHOLD
Scott A. Russell
Town Supervisor
(Seal)
Date: ! _,~ - DC> ~ 0 ~
Agreement No. 4.09-01 (08)
APPROVED AS TO FORM:
Attorney Ge e~r~l///~/ ~
State of Connecticut
Date:
Office of the
Commissioner
STATE OF CONNECTICUT
DEPARTMENT OF TRANSPORTATION
2800 BERLIN TURNPIKE, P.O. BOX 317546
NEWlNOTON~ CONNECTICUT 06131-7546
An Equal Opportunity Employer
Delegation of Authority
Authorized by Sections 13b-17 and 13b-20 of the
Connecticut General Statutes, As Amended
Know Ail Ye Persons By These Presents, That I, Joseph F. Marie, Commissioner of
Transportation, as authorized by Section 13b-17 and Section 13b-20 of the Connecticut General
Statutes. as amended, do hereby delegate rc Michael W. Lonergan, Acting Bureau Chief and
Acting Chief Engineer of the Bm'can of Engineering and Highway Operations. Department of
Transportation. the duties and responsibilities which relate to all day-to-day operat,onal and
administrative activities and functions for the Bm'eau of Engineering and Highway Operations
and the authority to sign m~y agreement, contract, document, or instrument pertaining to the
above which I am authorized'to sign for said Bureau.
~missioner
Date:
I'HOMAS [. DOttUffY
Idq, hone: 631.'/88.7463
[~,, 631.'/88.55~3
gOAlff) 0[ COIqlql$§lON[~
P.d t:. Cd,,
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 Ahman, Brooks, Burnham, duPont and Giles.
Nays: None.
tio~~n full force and effect.
TMh~am~eer['leDc;h~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 goveruance 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~ "3~y of January,
2009.
Fishers Island Ferry Distr'hct ,~
R;yl~lds-duPont, Jr., 7airman
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 of a resolution adopted on the 6th 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 full
forceand 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)(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 [ ~day of January,
2009.
Town of Sou~
BY:s~ ~ A~. R~ss~ell~
Initial and Date ~ '
Revie%~d and approved Pages 1-6 Initial and Date
CONNECTICUT DEPARTMENT OF TRANSPORTATION
POLICY NO. FaA-10
Junei, 2007
SUBJECT: Code of EtMcs Policy
The ]mrpcse ofth/s pol/cy is to estahi/ah and mah~in lfigh stnndnrds ofhoncsty, integrity, and
qunlily of performance for all employ=es of the Depnr~ent of Trnnsportafion ("DOT" or
"Dep~'t~ent"). hd/v/du~ in govm~m~nt se~ce have positions of si~nificunt trust and
respons/bility that requ/re them to a~re to the highest ethical standm-ds, Standards that might
be nceeptnble in other publ/c or ptivale organi~tions'a~ not necessarily acceptable for the DOT.
It is exl~-'cted that all DOT employees wil! comply with this policy ns wall as the Code of Ethics
for Publio Officials, and s~rive to avoid even the appennmce of impropriety/n their
with members of the publ/c, other agenci~, private vendors, ~m~&mm, nnd conWacim~.
policy is, ns is penn/ired by law. in some cases stricter t~,, the Code of Ethics for Public Officials.
Where that is trn¢, e,~,~loyces n~ required to comply w/th the more stringunt DOT policy.
The Code of Ethics for Public Officials is Stntc hw and governs the conduct of eli State
cmployces end public Offic~,~, resardless ofthe agemy in which tl~ serve. The ~ Code, ns
wall ns a s'tmmnS' °fits pr°v/si°ns, maY be found st fl~e Office of State Ethics' web site:
www.ct, aov/ethics/site/defnul~ .~_ For forxnal and/n~l intn-/~tal/ons of the Code of
Ethics, DOT employees should con'atct the Office of Stn~ Eflfics or the DOT's Ethics
All State agencies are t~lu/red by law to have an ethics policy mtmnent. Additionally, all State ·
agencies are r~uired by hw to have an Ethics TJi,;._mo or Ethics Compliance Officer. The DOT,
because of the size und scope of it* procurem~t mivities, has an Ethics Compliance OK~er
who is resp~nm'ble/'or the I~huent's: development of ethics policies; coordlnn~on ofethics
h~in ~ progl'ams; ~ mo~toiJt~ of~ro~'aw.5 for a~'¢l~ i~plinnc~ with i~ ethics pOliCies
and the Code of Ethics for Public Offieiak At least annually, the Ethics Compliance Officer
,hah pwvide arb/cs trnln~,,g to agency personnel involved in contractor selection, evah~on, ~
supervlsic~ A DOT employee who h.s a qun~i°n or is unsure about the p~ovisions of foi~
policy, or who would b~e ass~t~ce contncting the Office of State Ethics, should conln~t fl~
The DOT Ethics Compliance Officer
To contact the Office of State Etldes:
Denise Rodosevich, Managing Attorney
Office of Legal Services
For questions, contact the EtMes
· Compliance Officer's Designee:
Alice M. Sexton, Princ/pal Attorney
Office of Le~ Sendces
280O Berlin T~
Newiagton, CT 06131-7546
Tel. (860) 594-3045
Office of State Ethics
2o Trinity ~ Suite 205
Tel. (860) 56/~.~.72
Facs. (86O) 566-3806
Web: ~
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