Referred to:  The Public Works and Capital Projects Committee (Chairwoman Petit and Legislators Fabiano, Greene, Litts, and Nolan), and The Ways and Means Committee (Chairwoman Archer and Legislators Gerentine, Maio, Joseph Maloney, Petit, Rodriguez, and Ronk)

Chairwoman of the Public Works and Capital Projects Committee, Laura Petit, and Deputy Chair Dean J. Fabiano, and Legislator Nolan offer the following:

WHEREAS, this resolution has been submitted by the County Executive on behalf of the Department of Public Works; and

WHEREAS, Resolution No. 160 dated April 16, 2019 established Capital Project No. 540 – Samsonville Road Culvert in the amount of $550,000.00 to provide authorization for all project phases regarding the Samsonville Road Culvert replacement; and

WHEREAS, the New York State Department of Transportation (“NYSDOT”) provided a sample resolution to the County which did not contain a clause required for eligibility for reimbursement through the Bridge NY Program; and

WHEREAS, an amendment to Resolution No. 160 is now required to include two omitted clauses; now, therefore, be it

RESOLVED, that the RESOLVED clauses contained within Resolution No. 160 dated April 16, 2019 shall read in entirety as follows:

“RESOLVED, that the Ulster County Legislature hereby approves the Project and, be it further

 RESOLVED, that the Ulster County Legislature hereby authorizes Ulster County to pay in the first instance 100% of the federal and non-federal share of the cost of preliminary engineering, right of way incidental work and construction for the Project, or portions thereof, with the understanding that qualified costs may be eligible for federal-aid, state- aid, or reimbursement from Bridge NY funds; and, be it further

 RESOLVED, that the sum of $550,000.00 is appropriated from serial bond funding and made available to cover the cost of participation in the preliminary engineering and right of way incidental phases of the Project; and, be it further

RESOLVED, that the Ulster County Legislature hereby grants NYSDOT permission to directly apply Bridge NY funds to reimburse costs incurred by NYSDOT on the Project; and, be it further  

RESOLVED, that the Ulster County Legislature hereby agrees that Ulster County shall be responsible for all costs of the Project which exceed the amount of federal-aid, state-aid, or NY Bridge funding awarded to Ulster County; and, be it further

RESOLVED, that in the event the full federal and non-federal share costs of the Project exceeds the amount appropriated above, the Ulster County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the County Executive thereof; and, be it further 

RESOLVED, that the Ulster County Legislature hereby agrees that Ulster County hereby commits that construction of the Project shall begin no later than twenty-four (24) months after award and the construction phase of the Project shall be completed within thirty (30) months; and, be it further 

 RESOLVED, that Ulster County will be responsible for all maintenance of the Project; and, be it further

 RESOLVED, that the Chair of the Ulster County Legislature be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or State Aid if available on behalf of Ulster County with the New York State Department of Transportation (NYSDOT) in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and, be it further

RESOLVED, that in addition to the Chair of the Ulster County Legislature, the following municipal titles: Commissioner of Public Works, County Attorney, and Director of Purchasing, are also hereby authorized to execute any necessary Agreements or certifications on behalf of the County with NYSDOT in connection with the advancement or approval of the Project identified in the State/Local Agreement; and, be it further 

RESOLVED, that the Ulster County Commissioner of Finance is authorized to make payments associated with the preliminary engineering, right of way incidental and construction phases; and, be it further

RESOLVED, that a certified copy of this Resolution will be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and, be it further

 RESOLVED, that this Resolution shall take effect immediately; and, be it further

 RESOLVED, that Capital Project No. 540, Samsonville Road Culvert is hereby established as follows:

CREATE                                                       AMOUNT

Capital Project No. 540      Samsonville Road Culvert                         $550,000.00

and, be it further

 RESOLVED, that the 2019 Ulster County Capital Fund Budget is hereby amended as follows:

                                          INCREASE                                        AMOUNT

HH.5197.0540-4300.4355       Engineering Services                            $ 80,000.00 

(App. #)                                       Capital Project No. 540

      Samsonville Road Culvert

HH.5197.0540-4300.4505        Professional Services Other Fees        $ 10,000.00 

(App. #)                                       Capital Project No. 540

      Samsonville Road Culvert

 HH.5197.0540-4100.4100      Highway Materials                                $460,000.00 

(App. #)                                       Capital Project No. 540

      Samsonville Road Culvert

HH.5197.0540-3500.5710         Serial Bond Revenue                           $550,000.00”

(Rev. #)

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES:                        NOES:   

Passed Committee: Public Works and Capital Projects on ____________.

Passed Committee: Ways and Means on ____________.

FINANCIAL IMPACT:

NONE