Referred to: The Public Works and Capital Projects Committee (Chairman Fabiano

and Legislators Greene, Litts, Loughran, and Maloney), and The Ways and Means

Committee (Chairman Gerentine and Legislators Allen, Bartels, Belfiglio, Briggs,

Maio, and Maloney)

Chairman of the Public Works and Capital Projects Committee, Dean J. Fabiano, and

Deputy Chairman Peter M. Loughran offer the following:

WHEREAS, this resolution has been submitted by the County Executive on

behalf of the Department of Public Works; and

 WHEREAS, a Project for the South Putt Corners Road Pavement, in the Town

of New Paltz, Ulster County, PIN 8759.90 (the “Project”) is eligible for funding

under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of

such program to be borne at the ration of 80% federal funds 20% non-federal funds;

and

 WHEREAS, the Project is eligible for New York State Marchiselli Aid, and if

this aid becomes available, then Ulster County’s financial obligation to the Project

may be diminished from its present 20% share to a 5% share; and

WHEREAS, Capital Project No. 336 was established pursuant to Resolution

No. 7, dated January 4, 2011, to provide authorization and funding for preliminary

engineering and right-of-way incidental work for the Project; and

WHEREAS, Resolution No, 7, dated January 4, 2011 established Capital

Project No. 336 in the amount of $178,000.00 for preliminary engineering services;

and Resolution No. 315, dated December 18, 2012, amended the Project to increase

the Federal and non-federal share of costs for additional preliminary engineering

work and right-of-way incidentals from $178,000.00 to $341,000.00 an increase of

$163,000.00; and Resolution No. 433, dated November 17, 2015 to provide

authorization and funding for Right-Of-Way Acquisition phase in the amount of

$176,260.00 resulting in a total project cost of $517,260, and; Resolution No. 340,

dated July 19, 2016 to provide authorization for Acquisition of Right-of-Way

Interests Over Certain Real Property; and Resolution No. 260, dated June 20, 2017

authorizing the Chairman of the Legislature to sign certain documentation on behalf

of the Legislature and funding construction, construction supervision and

construction inspection in the amount of $3,435,000.00 resulting in a total project

cost of $3,952,260.00; and 

WHEREAS, the Ulster County Legislature approved and agreed to advance

the Project by committing 100% of the federal and non-federal shares of the costs of

preliminary engineering, right-of-way incidental work, right-of-way acquisition,

construction, construction supervision and construction inspection in the first

instance; and

WHEREAS, Ulster County received construction bids with a low bid of

$3,658,300.00, an increase of $223,300.00; and

WHEREAS, pursuant to Resolution 253 dated June 20, 2016 C13-00008 with

Hudson Valley Engineering Associates P.C was amended to increase the contract

scope to include construction inspection, an increase of $412,026.00, for a total

contract cost of; and

WHEREAS, it is necessary to increase the construction, construction

inspection/supervision and construction phase costs for the Project in the amount of

$635,326.00, of which such costs may be reimbursable up to the 80% threshold,

bringing the total project cost to $4,587,586.00; and

WHEREAS, Ulster County desires to advance the Project by making a

commitment of 100% of the non-federal share of the costs of construction,

construction supervision and construction inspection; and

 WHEREAS, the Commissioner of Public Works requests funds from serial

bonds for the Project, PIN 8758.90 for the project cost in the amount of

$4,587,586.00; and

 THEREFORE, the Ulster County Legislature, duly convened does hereby

RESOLVE, the South Putt Corners Road Pavement Project (PIN 8759.90)

constitute a Type II action under section 4.5.3 of the County of Ulster’s State

Environmental Quality Review Act (hereinafter “SEQRA”) Type II List that was

adopted in Resolution No. 118 on April 20, 2010; and, be it further,

RESOLVED, that the Ulster County Legislature hereby approves the further

progress of the above-subject Project; and it is hereby 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 for the Project, or portions thereof; and it is further

 RESOLVED, that the sum of $4,587,586.00 is appropriated from serial bond

funding and made available to cover the cost of participation in the construction,

construction supervision and construction inspection phase of the Project; and it is

further

 RESOLVED, that in the event the full federal and non-federal share costs of

the Pro

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 it is further

RESOLVED, that the Ulster County 2017-2022 Capital Program be amended

to increase the Capital Project No. 336 – South Putt Corners Road from

$3,952,260.00 to $4,587,586.00, an increase of $635,326.00; and it is further

RESOLVED, that the 2017-2022 Ulster County Capital Fund Budget is

hereby amended as follows:

 INCREASE AMOUNT

HH.5197.0336-2300.2550 Other Equipment & Capital Outlays $635,326.00

(App. #) Construction

 Capital Project No.336

HH.5197.0336-3500.5710 Serial Bond Proceeds $635,326.00

(Rev. #s)

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Delaune)

Passed Committee: Public Works and Capital Projects on October 4, 2017

Passed Committee: Ways and Means on October 10, 2017

FINANCIAL IMPACT:

$635,326.00 – CAPITAL PROJECT NO. 336 APPROPRIATIONS

$635,326.00 – SERIAL BOND PROCEEDS 

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 17th Day of October in the year Two Thousand and

Seventeen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 19th Day of October

in the year Two Thousand and Seventeen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

19th Day of October, 2017. 25th Day of October, 2017.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature