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Home My WebLink AboutElizabeth Field - Runways & OverlayC25 US. Department 7, Y" Adwi X116 of Transportation 600 (W e b, li , 1TM. 41+6 Federal Aviation &,,d . U4, 7t'V 1 15 00 Administration , < W Mr. Scott L. Harris Supervisor, Town of Southold RECEIVED Town Hall 53095 Main Road MAR U 1995 P.O. Box 1179 Southold, New York 11971 Southold Town Clerk Dear Mr. Harris: Elizabe'Lh Field Airport, Fishers Island - Rehabilitate Runways 12-30 and 7-25 - Final Test and Quality Control Report - AIP 3-36-0029-08-93 This is to acknowledge that we received, via a letter from your consultant, C&S Engineers, Inc., dated Febraury 22, 1995 the Final Test and Quality Control Report. If you have any questions, please call at 516-227-3812. Sincerely, Dan Vornea Airport Engineer To: Ms. Judith Terry Town Clerk Town of Southold Town Hall 53095 Main Road, PO Box 1179 Southold, NY 11971 Attention: Enclosed please find the following: cas Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 Re: Fishers Island -Elizabeth Field RW 7-25 & 12-30 Overlay (Const) FAA AIP No. 3-36-0029-08-93 NYS PIN 0913.08 File: 211.006.003 Date: February 27, 1995 Two copies of Partial Payment Request No. SIX (Form 271) with attached backup documentation for your review and direct deposit withdrawal. RECEIVED Southold Town Clerk Remarks: One copy of the "Request for Funds" page should be dated and mailed to Jamaica as indicated when the electronic withdrawal has been completed. I will also need a copy if I am to do the quarterly report required by the FAA. If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Theresa M. Hopkins Grants Administrator TMH:kal Enclosures R REQUEST FOR FUNDS FISHERS ISLAND AIRPORT - ELIZABETH FIELD SOUTHOLD, NY To: DOT/FAA Fitzgerald Federal Building JFK International Airport Jamaica, New York 11430 Attn: AEA -25B Bernice Beckford Date of Withdrawal: 3 Drawdowns: Letter of Credit No. 69002-082 Contract Number 3-36-0029-08-93 Contact Person: John Cushman Phone: (516) 765-4333 cc: Theresa M. Hopkins oan7/vs FA EA Number Amount FA EA 93-249 $ 8,426 ��. Approved by Office of Management and PAGE OUTLAY REPORT AND REQUEST FOR REIMBURSE- Budget No. 80-RO181 1 1 OF 1 PAGES 1. TYPE OF REQUEST 2. BASIS OF REQUEST ❑ FINAL ® PARTIAL ® CASH 0 ACCRUAL MENT FOR CONSTRUCTION PROGRAMS 3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT TO WHICH THIS REPORT IS SUBMITTED 4. FEDERAL GRANTiOROTHER IDENTIFYING NUMBER ASSIGNED BY FEDERAL AGENCY 5. PARTIAL PAYMENT REQUEST NO. SIX Federal Aviation Administration - N.Y.A.D.O. 3-36-0029-08-93 6. EMPLOYER IDENTIFICATION NO. 7. RECIPIENT ACCOUNT OR OTHER PERIOD COVERED BY THIS REPORT FROM (Month, day, year) TO (Month, day, year) $266.64 IDENTIFYING NUMBER 11-6003307 N/A 12/13/94 2/24/95 9. RECIPIENT ORGANIZATION 10. PAYEE (Where check should be sent d different than Item 9) Name: TOWN OF SOUTHOLD Name: TOWN HALL, 53095 MAIN ROAD $0.00 No. and P.O. BOX 1179 No. and i oEpos Street: SOUTHOLD, NY 11971 Street: ,REa City, City, State and State and ZIP Code: ZIP Code: STATUS OF FUNDS STANDARD FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. X. A-110 PROGRAMS - FUNCTIONS - ACTIVITIES (a) (b) (c) CLASSIFICATION RUNWAY 7-25 8r 12-3 TOTAL OVERLAY (Construction) a. Administrative expense $266.64 $0.00 $0.00 $266.64 b. Preliminary expense $0.00 $0.00 $0.00 $0.00 c. Land, structures, right-of-way $0.00 $0.00 $0.00 $0.00 d. Architectural engineering basic fees $0.00 $0.00 $0.00 $0.00 e. Other architectural engineering fees $0.00 $0.00 $0.00 $0.00 f. Project inspection fees $119,792.65 $0.00 $0.00 $119,792.65 g. Land development $0.00 $0.00 $0.00 $0.00 h. Relocation expense $0.00 $0.00 $0.00 $0.00 i. Relocation payments to individuals and businesses $0.00 $0.00 $0.00 $0.00 j. Demolition and removal $0.00 $0.00 $0.00 $0.00 k. Construction and project improvement cost $1,228,424.08 $0.00 $0.00 $1,228,424.08 I. Equipment $0.00 $0.00 $0.00 $0.00 m. Miscellaneous cost $0.00 $0.00 $0.00 $0.00 n. Total cumulative to date (sum of lines a thru m) $1,348,483.37 $0.00 $0.00 $1,348,483.37 o. Deductions for program income $0.00 p. Net cumulative to date (Line n minus line o) $1,348,483.37 $0.00 $0.00 $1,348,483.37 q. Federal share to date $1,213,635.03 $0.00 $0.00 $1,213,635.03 r. Rehabilitation grants (100% reim- bursement) s. Total Federal share (sum of lines q and r) $1,213,635.03 $0.00 $0.00 $1,213,635.03 It. Federal payments previously re- quested $1,205,208.65 $0.00 $0.00 $1,205,209 u. Amount requested for reimbursement $8,426.38 $0.00 $0.00 $8,426 v. Percent of physical completion of pi uject 86.1 u/.1 0.0% 0.00/0 86.1 12. CERTIFICATION SIGNATURE OF AU ORIZED CE TIFYING J OFFICIAL DATE REPORT SUBMITTED I best 302/ j's certify that to the of my knowledge a. RECIPIENT and belief the billed costs Or disburse- TYPED OR PRINTED NAME AND TITLE TELEPHONE NO. ments are in accordance with the terms THOMAS H. WICKHAM of the project and that the reimbursement TOWN SUPERVISOR (516) 765-1800 represents the Federal share due which has not been previously requested and SIGNATURE OF AUTHORIZED CERTIFYING DATE REPORT SUBMITTED that an inspection has been performed and all work is in the OF L �w )� accordance with terms of the award. b. Representative certifying to line�\\ / �° l 1 i h� 2,12-7 c 11 v. TYPED OR PRINTED NAME AN TITLE TELEPHONE NO. C&S ENGINEERS INC. THERESA M. HOPKINS (315) 455-2000 GRANTS ADMINISTRATOR STANDARD FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. X. A-110 i FISHERS ISLAND AIRPORT - ELIZABETH FIELD RUNWAY 7-25 8 12-30 OVERLAY (Construction) SOUTHOLD, NY F.A.A. AIP PROJECT N0. 3-36-0029-08-93 N.Y.S.D.O.T. PROJECT NO. 0913.08 SUMMARY OF FEDERAL ELIGIBLE PROJECT COSTS PROGRAM NO. 1 ----------------------------------------------- 02/27/95 211.006.003 FEDERAL GRANT ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE AGREEMENT AMOUNTS FEDERAL ELIGIBLE FEDERAL ELIGIBLE PARTICIPATING a. ADMINISTRATIVE EXPENSE ......................... $3,000.00 $3,000.00 $266.64 $0.00 b. PRELIMINARY EXPENSE ............................ $0.00 $0.00 $0.00 $0.00 c. LAND, STRUCTURES, RIGHT-OF-WAY ................. $0.00 $0.00 $0.00 $0.00 d. ARCHITECTURAL ENGINEERING BASIC FEES........... $0.00 $0.00 $0.00 $0.00 e. OTHER ARCHITECTURAL ENGINEERING FEES........... $0.00 $0.00 $0.00 $0.00 f. PROJECT INSPECTION FEES ........................ $130,910.00 $130,910.00 $119,792.65 $0.00 g. LAND DEVELOPMENT ............................... $0.00 $0.00 $0.00 $0.00 h. RELOCATION EXPENSE ............................. $0.00 $0.00 $0.00 $0.00 i. RELOC PAYMENTS TO INDIV AND BUSINESSES......... $0.00 $0.00 $0.00 $0.00 j. DEMOLITION AND REMOVAL ......................... $0.00 $0.00 $0.00 $0.00 k. CONSTRUCTION AND PROJECT IMPROVEMENT COST...... $1,429,543.00 $1,429,543.10 $1,228,424.08 $0.00 I. EQUIPMENT...... ............................. $0.00 $0.00 $0.00 $0.00 m. MISCELLANEOUS COST ............................. $2,000.00 $2,000.00 $0.00 $0.00 -------------------------------------------------------------------------------------------------------------------------------------- TOTAL FEDERAL COSTS $1,565,453.00 $1,565,453.10 $1,348,483.37 $0.00 i FISHERS ISLAND AIRPORT - ELIZABETH FIELD 02/27/95 RUNWAY 7-25 & 12-30 OVERLAY (Construction) -------- SOUTHOLD, NY 211.006.003 . ADMINISTRATIVE EXPENSE ANALYSIS PROGRAM NO. 1 * Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: ------------------------------------------------------------------------ $266.64 $266.64 $0.00 FEDERAL STATE NON- DATE ELIGIBLE ELIGIBLE PARTICIPATING * 05/24/94 $126.48 $126.48 $0.00 * 05/31/94 $140.16 $140.16 $0.00 f FISHERS ISLAND AIRPORT - ELIZABETH FIELD RUNWAY 7-25 & 12-30 OVERLAY (Construction) SOUTHOLD, NY PROJECT INSPECTION FEES ANALYSIS PROGRAM NO. 1 -------------------------------- * Indicates previous submittal 02/27/95 211.006.003 FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING ------------------------------------------------------------------------ TOTALS: $119,792.65 $106,936.35 $0.00 ------------------------------------------------------------------------ RETAINAGE TO DATE: $6,318.03 SUBTOTAL: $126,110.68 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING * 11/24/93 $5,358.68 $4,734.61 $0.00 * 01/21/94 $576.39 $475.41 $0.00 * 02/17/94 $934.95 $803.39 $0.00 * 03/14/94 $742.23 $637.79 $0.00 * 04/14/94 $7,614.34 $6,581.80 $0.00 * 04/28/94 $14,702.73 $12,953.23 $0.00 * 05/25/94 $23,576.93 $20,608.99 $0.00 * 06/22/94 $33,860.29 $30,831.82 $0.00 * 07/21/94 $12,754.90 $12,160.12 $0.00 * 08/12/94 $2,819.69 $2,518.30 $0.00 * 10/14/94 $2,411.51 $2,072.19 $0.00 * 11/16/94 $5,077.36 $4,375.98 $0.00 12/22/94 $5,357.50 $4,692.06 $0.00 02/24/95 $4,005.15 $3,490.66 $0.00 DECEM'l Account Number ............. Invoice #.....412120 ........ Date..........BER ..22....19..94 ........ . TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr.. PAY TO: Payee Identification Payee Narne: C&S ENGINEERS, INC. or Social Security Number: 13- 5318940 .................................... ...................................... Payee Reference: Address: .................................... 1.099. AIRPORT .BOULEVARD .. . , , .. _ , , Phone No. (....)....................... 1WRTU..S.YRAGU.SE,. NEW, Y.O.RK. 1.3.212. Vendor Contact Cash Discount ..................% .........Days.................................... Item No. Description of Material/Service Quantity Unit Price Amount PROJECT NO. 211.006 CONTRACT NO. 003 RE: FISHER ISLAND AIRPORT R/W 7-25 & 12-30 OVERLAY INSPECTION SERVICES FOR PROFESSIONAL SERVICES PERFORMED FROM NOVEMBER 5, 1994 THROUGH -DECEMBER 2, 1994. $ 5,639.4` LESS: 5% RETAINAGE 281.9' Tota 1 $ 5,357.5;1 Discount Net $ 5,357.5. The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. A , DECEMBER , Dated. ............. 22............... .. .. ........... gnature r TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 ATTN: PHIL KNAUFF FISHER ISLAND AIRPORT R/W 7-25 & 12-30 OVERLAY INSPECTION SERVICES FOR PROFESSIONAL SERVICES RENDERED FROM 11/05/94 THROUGH 12/02/94 ANALYSIS OF COST DIRECT SALARIES OVERHEAD % 145.00 TOTAL REGULAR LABOR EXPENSE PREMIUM LABOR COST TOTAL DIRECT PERSONNEL OTHER DIRECT CHARGES TOTAL COSTS FIXED FEE 15% TOTAL THIS INVOICE LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE CBS Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 INV. DATE: 12/22/94 INVOICE #: 412120 PROJECT #: 211.006.003 CLIENT REF: EST. COST: 115,697.00 FIXED FEE: 15,213.00 TOTAL : 130,910.00 THIS INVOICE 1,412.20 2,047_69 3,459.89 .00 3,459.89 1,444_00 ----- - 4,903.89 735.58 -------------- 5,639.47 281.97 5,357.50 CONTACT PERSON: MICHAEL J. WALKER, BUSINESS MANAGER TELEPHONE: (315) 455-2000 EXT. NO. 301 CBS Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 TOWN OF SOUTHOLD INV. DATE: 12/22/94 TOWN OF SOUTHOLD INVOICE #: 412120 FISHERS ISLAND FERRY DISTRICT PROJECT #: 211.006.003 FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 CLIENT REF: SALARY & EXPENSE DETAIL SALARIES BASED ON MULTIPLIER ------------ 1,444.00 ** Total Project 211.006.003 2,856.20 HOURS RATE PREM AMOUNT SENIOR PROJECT ENGINEER CLARK, BRUCE 25.00 24.2000 605.00 DESIGNER MASTROPAOLO, DAVID A 4.00 15.9000 63.60 INSPECTION SUPERVISOR CERRETANI, LAWRENCE 18.00 28.0000 504.00 SENIOR INSPECTOR FEHRMAN, GREGORY J. 11.00 18.8000 206.80 SR.INSPECTOR WILDS, KAREN D. 2.00 16.4000 32.80 -------- 60.00 ---------- ---------- 1,412.20 OTHER EXPENSES COST/QTY RATE AMOUNT TRAVEL & SUBSISTENCE CLARK, BRUCE 523.00 1.0000 523.00 FEHRMAN, GREGORY J. 958.00 1.0000 958.00 MISCELLANEOUS OTHER DIRECT EXPENSE Alexander & Alexander Inc. 37.00- 1.0000 37.00- ------------ 1,444.00 ** Total Project 211.006.003 2,856.20 Calocerinos & Spina EXPENSE REPORT SUMMARY Engineers, P.C. 10 DATE^ � / 5 EMPLOYEE NAME :rp (PRINT) j5 I DEPARTMENT NAME: PERIOD SHEET:_____j OF FROM : p• k TO : . (�5� SUMMARY OF EXPENSES TO BE ALLOCATED FOR ACCOUNTING DEPT. USE ONLY RECONCILIATION APPROVALS PROJECT NUMBER CONTRACT PNASE TOTAL AMOUNT PER/ PROJECT NO. ACCOUNT NUMBER ITEM AMOUNT EMPL Y DATE I RV R DATE � ) 1, L PARTNER DATE •'' ' �, -'! E�'- _ J"d ACCO NTINGI DATE O - c)0 fi r_ 1)- oofo n --ll oc) .5 6 TOTAL PPD. OR CREDIT CARD EXPENSE TOTAL OUT OF POCKET EXPENSE, /� i OO ,�-q yJ �iOO TOTAL EXPENSE ADVANCE TE ADVANCE TE ADVANCE TE TOTAL ADVANCE LESS OUT OF POCKET EXPENSE DUE COMPANY 1�d� BALANCE DUE EMPLOYEE wl} REMARKS 0 GRAND TOTAL 61 L. t .�7� t2st:; J�.tt�(��:#Jt L *oi d •Ft*` RVENUE NE �4T✓1i iyFK'4c4� +1.'v .;t t,i LR * /i'liT a,. `Z* a�� EXP'. yy� / .fT�ry LT 6 1ji� ilem4c', TOT t� R ,, •'NUT i j( # '`f ;i'�' n M •Y @133Ai Lil p r ^ rn f :+ 4X 4. 'CAG �.. w "Ej4p: 04/S6 x .C.. .L' •... .. ,..... .,.:.r <.--.,x.n+-ra�<uw� r, -2 s c . 1 .r : G ri r�mr..v- F . r n e o it' r[l c�7f i_j e 5 't. Y 44. 1GC ss� ,, J TA _ - — - iii sit"*i Ci i<=�RiGE Fii� Z;_, Gi,!;RGE Ott. __. STATE GCC7 Pr NCY TAX RGCM CHARGE Balance Due: 9-G. 56 Direct Si11 Sinn tire. I apee that zy liability for iris hill 15 not ird ted. �X <� h-' .. _ ...._.�.__ - _.....�...... �.,.....,..... �...._.......... GUEST COPY 7i me 04 �. 'Pa yment BC 422-5 9514 4G4843 Exp: 04/96 Date Desc'riptioti OC-- 1- ROOM CHARGE 44. Z0 OCT 17 `7 TAX 5.28 OCT r ROOM CHARGE 44.0 OCT 18 STATE OCCUPANCY TAX 5.23 CCC- 1') ROOM CHARGE 44.00 OCT 19 STATE OCCUPANCY TAX 5.28 0�:T O' ROOM CHARGE 44. ZCI CCT c0 STATE OCCUPANCY TAX 'Pa yment BC 422-5 9514 4G4843 Exp: 04/96 Date Desc'riptioti OC-- 1- ROOM CHARGE 44. Z0 OCT 17 STATE OCCUPANCY TAX 5.28 OCT 1%-::- ROOM CHARGE 44.0 OCT 18 STATE OCCUPANCY TAX 5.23 CCC- 1') ROOM CHARGE 44.00 OCT 19 STATE OCCUPANCY TAX 5.28 0�:T O' ROOM CHARGE 44. ZCI CCT c0 STATE OCCUPANCY TAX 5• 2'8 Balance Due: 197. lc Direct Bill Signature: I _free that sy !:ability for this bill is not waived. . ..-_ _. -. .........._. _,. .....,.._ __....... _......._,.__ ,.,.,�.�........: GUEST COPY.. ..,...........�......._....._ ................_ ._ �Q Calo ,erinos&ina p EXPENSE REPORT Engineers, Inc. DATE: -� EMPLOYEE NAME: (PRINT) �"" "�''�- "� • DEPARTMENT NAME: ✓� 1 bN PERIOD SHEET: OF FROM: j- TO: / DATE NATURE OF EXPENSE PROJECT NAME AND%OR BUSINESS 61POill (IDENTIFY SUBJECT MATTER DISCUSSED INCLUDING OTHER PERSONS INVOLVED , BY NAME , COMPANY A TITLE) ALLOCATION OF EXPENSE CLAIMED ACCOUNTING DEPT.ONLY AMOUNT OF EXPENSE ITEM LOCATION P.D. MISC. 0 CONT.A ACCOUNT NO. CARD TYPE PPD. OR CC. OUT OF P� _ 94 006 ooZ� vOF 660 ._ 5� �5 006 a 2 fr 1-5 yi1�G�L--S 1 GAIM16TB EIEU-2 &IllFDZT- 61S" LWA P.a�l Z k ov 003 60 .4 vd, PJ 'J.5/"fPa 2(( OU3 u5, rn EK- tj4is,r��_ Z I I U d = 'I1 STANDARD FORM 271-A TOTAL TO BE ACCOUNTED FOR 1 o jn %,(_1 iiJ Engineers, Inc. EXPENSE REPORT SUMMARY EMPLOYEE NAME : (PRINT) j iR DEPARTMENT NAME: PERIOD FROM : TO '.SHEET :� OF Y_ SUMMARY OF EXPENSES TO BE ALLOCATED FOR ACCOUNTING DEPT. USE ONLY RECONCILIATION APPROVALS PROJECT NUMBERCONTRACT PHASE TOTAL AMOUNT PER/ PROJECT NO. ACCOUNT NUMBER ITEM AMOUNT EE DA-TiI SUPERVISOR DATE' PARTNER DATE ACCOUNTING DATE! �,/� a 11, 00(o 6CTj bC.� 3z s Cj / v CRED TTAL CARD EXPENSE TOTAL OUT OFE POCKET EXPENSE. Sz TOTAL EXPENSE ADVANCE ATE ADVANCE TE ADVANCE ATE TOTAL ADVANCE LESS OUT OF POCKET EXPENSE BALANCE DUE COMPANY DUE EMPLOYEE=Z3 REMARKS MD 11 ORAND TOTAL m Lalocerinos 6 SpinaEXPENSE REPORT �— Engineers, Inc. I(PAINT) V 1. ��---�—� EMPLOYEE NAME: DEPARTMENT NAME: PERIOD SHEET: �_ OF FROM: TO: DATE NATURE OF EXPENSE PROJECT NAME AND: OR BUS# E39 PURPOSE (IDENTIFY SUBJECT MATTER DISCUSSED INCLUDING OTHER PERSONS INVOLVED , BY NAME , COMPANY A TITLE) ALl CA ON OF EXPENSE CLAIMED AtCOONTINQ DEPT. ONLY AMOUNT OF EXPENSE ITEM LOCATION P.D. MISC. PRJ.NN . CHAT. i ACCOUNT NO. CARD TYPE PPD. OR CC. OUT OF P 2.11 I 3 (low �jU sz STANDARD FORM 231-A TOTAL TO BE ACCOUNTED FOR 5G� ....... C;) bocj 'RAN& A -424-8C: TO ACCOUNTNUMUM 2 F *MICE DATE :.x x x. X. x x *.X. x X..X. x -Y, -,x. -X. -x -x. -Y, -x -x -Y. -M. -x -x -X- -X. x -x A.- X %* X, P R 0 Ez C T IN IZ L I.- A B AUDIJ Cii"IEL31-1, 1 v44(oo PAWMW 00 Wr VINK cm W"m W 1*9 V*M ma man Soo below for Airline a IT, COUJUKICTM Form, Serial Number pm�=Pm .. er; P i M E VPAORL WO •LIA, TPIMORPINU MAIM cram macps"1=0 0.1i"P m— m pm.; OUR: I I.JiUm i' W -)W FFDM NW CPAPM RAW — Tm—MIMIM#ON WWWm. assam"m NoWPON" #W1- —AUOW T 14 P. p-1 . ........ oro ME FMW CAZULAIM CIM . FAM ID. Won TV Ron PAWMW 00 Wr VINK cm W"m W 1*9 V*M ma man Account Number ............. Invoice #..502109 ........... Date. ,FEBRUARY 24 19 95 TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: C$S ENGINEERS, INC. or Social Security Number: 13-5318940 .................7.................. ...................................... Payee Reference: Address: .................................... 1099AIRPORT BOULEVARD ........ Phone No. (....)....................... NORTH.NFW. YQgjC. 1,�ZJ2 Vendor Contact Cash Discount ..................% .........Days.................................... Item No. Description of Material/Service Quantity Unit Price Amount FILE#211.006.003 RE: FISHER ISLAND AIRPORT R/W 7-25 & 12-30 OVERLAY INSPECTION SERVICES FOR PROFESSIONAL SERVICES PERFORMED FROM DECEMBER 3, 1994 THROUGH FEBRUARY 10, 1995. $421S.9 - LESS: 5% RETAINAGE 210.8( Total $4005.1: Discount Net $4005.1: The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. Dated ... F. E13RU.A PY..? 4 .............. 11995.. ..i!>...... . Si ature TOWN OF SOUTHOLD TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 ATTN: PHIL KNAUFF FISHER ISLAND AIRPORT R/W 7-2.5 & 12-30 OVERLAY INSPECTION SERVICES FOR PROFESSIONAL SERVICES RENDERED FROM 12/03/94 THROUGH 02/10/95 ANALYSIS OF COST DIRECT SALARIES OVERHEAD % 145.00 TOTAL REGULAR LABOR EXPENSE PREMIUM LABOR COST TOTAL DIRECT PERSONNEL OTHER DIRECT CHARGES TOTAL COSTS FIXED FEE 15% TOTAL THIS INVOICE LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 INV. DATE: 02/24/95 INVOICE #: 502109 PROJECT #: 211.006.003 CLIENT REF: EST. COST: 115,697.00 FIXED FEE: 15,213.00 TOTAL : 130,910.00 CONTACT PERSON: MICHAEL J. WALKER, BUSINESS MANAGER TELEPHONE: (315) 455-2000 EXT. NO. 301 THIS INVOICE 1,169.20 1,695.34 -------------- 2,864.54 .00 -------------- 2,864.54 801.50 rte. �`j ) I -------------- 3,666.04 549.91 ---? -----4,215.95 1� 210.80 J -------------- 4,005.15 CONTACT PERSON: MICHAEL J. WALKER, BUSINESS MANAGER TELEPHONE: (315) 455-2000 EXT. NO. 301 TOWN OF SOUTHOLD TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 S A L A R Y & E X P E N S E D E T A I L SALARIES BASED ON MULTIPLIER Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 INV. DATE: 02/24/95 INVOICE #: 502109 PROJECT #: 211.006.003 CLIENT REF: OTHER EXPENSES TRAVEL & SUBSISTENCE CERRETANI, LAWRENCE J. CLARK, BRUCE POSTAGE & SHIPPING FEDERAL EXPRESS CORPORATION AUTO RENTAL CERRETANI, LAWRENCE J. 59.00 COST/QTY 608.68 113.79 13.35 65.68 PREM RATE 1.0000 1.0000 1.0000 1.0000 AMOUNT 338.80 168.00 376.00 213.20 EImto] 32.10 1,169.20 AMOUNT 608.68 113.79 13.35 HOURS RATE SENIOR PROJECT ENGINEER CLARK, BRUCE 14.00 24.2000 INSPECTION SUPERVISOR CERRETANI, LAWRENCE 6.00 28.0000 SENIOR INSPECTOR FEHRMAN, GREGORY J. 20.00 18.8000 WILDS, KAREN D. 13.00 16.4000 GRANTS ADMINISTRATOR HOPKINS, THERESA M. 3.00 13.7000 TECHNICAL TYPIST BAXTER, CYNTHIA A. 3.00 10.7000 OTHER EXPENSES TRAVEL & SUBSISTENCE CERRETANI, LAWRENCE J. CLARK, BRUCE POSTAGE & SHIPPING FEDERAL EXPRESS CORPORATION AUTO RENTAL CERRETANI, LAWRENCE J. 59.00 COST/QTY 608.68 113.79 13.35 65.68 PREM RATE 1.0000 1.0000 1.0000 1.0000 AMOUNT 338.80 168.00 376.00 213.20 EImto] 32.10 1,169.20 AMOUNT 608.68 113.79 13.35 . cas Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 TOWN OF SOUTHOLD TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 S A L A R Y & E X P E N S E D E T A I L (CON'T) ----------------------------------- COST/QTY AUTO RENTAL INV. DATE: 02/24/95 INVOICE #: 502109 PROJECT #: 211.006.003 CLIENT REF: RATE ** Total Project 211.006.003 AMOUNT ------------ 801.50 1,970.70 di • A BILL TO: C & S ENGINEERS INC SENDER ACTIVITY SUMMARY PAGE 7 OF inao ETRPnQT RI Vn nATF 1273nic N SYRACUSE NY 13212 INVOICE NO. 5-395-47791 ACCOUNT NO. 1040-4964 TRACKING NOS SENDER'S NAME RECIPIENT; INFORMATION AND PACKAGES SERVICES CHARGES NET -REFERENCE AND ADDRESS PROOF:<OF DELIVERY ;:> __.. 8<>WEIGHT CHARGES 7594554531 JON DONAHUE MR FRED BUSCH 1/ 1 PRIORITY PAK 22.50 C & S ENGINEERS INC SULLIVNA COUNTY DPW DISCOUNT -2.50 1099 AIRPORT BLVD GOVERNMENT CENTER / 167 004 001 N SYRACUSE, NY 13212 MONTICELLO NY 12701 PM ✓ 600 14134665 1 DROP OFF 12/19/94 DELIVERED:i2/20/94 11:26 SIGNED: J.GREEN 20.0( 3 Sr�40 KAREN EILDS 1/ NA PRIORITY LTR 15.50 & S ENGINEERS INC BOURGEOIS & SHAW INC j DISCOUNT -2.15 099 AIRPORT BLVD 90 WOLCOTT RD 211 006 003 60e N SYRACUSE, NY 13212 SIMSBURY CT 06070 AA DELIVERE6:12/21/94 30359453 SHIPPED 12/20/94 10:20 SIGNED: L.CARON 13.3E 3461407681 KAREN WILDS ROGER GEBO 1/ NA PRIORITY LTR 15.50 C & S ENGINEERS INC WEARREN COPUNTY DPW DISCOUNT -2.15 NOSYRACUSE, BLVD 10 002 003 60 NY 13212 WARRENSBURG NY 12885 PM DELIVERED:1�/21/94 12:10 c SENDER SUBTOTAL 450.15 CONTINUED NEXT PAGE QUESTIONS? CALL OUR BILLING SERVICE CENTER, 800-622-1147, 7AM - 6PM (CST) MONDAY - FRIDAY (IN MEMPHIS, TN, CALL 901-397-2000). TO ENSURE PROPER CREDIT PLEASE RETURN THE REMITTANCE ADVICE (1ST PAGE OF THIS INVOICE) WITH YOUR PAYMENT. FedEx M-0145 5/91 MAIL TO: FEDERAL EXPRESS CORP., P.O. BOX 1140, DEPT. A, MEMPHIS, TN. 38101 - 1140 w -� DATE Engineers, Inc. EXPENSE REPORT SUMMARY ___Zd- EMPLOYEP NAME : , (PRINT) , DEPAR ENT NAME:PERIOD e 0 , SHEET : OI FROM : TO SUMMARY OF EXPENSES TO BE ALLOCATED FOR ACCOUNTING DEPT. USE ONLY RECONCILIATION APPROVALS PROJECT NUMBER CONTRACT PHASE TOTAL AMOUNT PER/ PROJECT NO. ACCOUNT NUMBER ITEM AMOUNT 3 ,N•JZ Wr.w+r+ .+' !^ "1 S,�rly TOTAL PPD. OR CREDIT CARD EXPENSE TOTAL OUT OF POCKET EXPENSE. E YEE TOTAL EXPENSE 3111.. 00 o,-),3 (00 d � O D �7 � Spry) T) SUPERVISOR �6/,, � U aD koO V Io" ro g �V ADVANCE ATE lft ADVANCE TE S6'�'�a ADVANCE DATE PARTNER TOTAL ADVANCE LESS OUT OF POCKET EXPENSE ACCOUNTING BALANCE DUE COMPANY DUE EMPLOYEE REMARKS GRAND TOTAL RADISSON HOTEL NEW LONDON 35 GOVERNOR WINTHROP BLVD NEW LONDON, CT 06320 203-443-7000 � — CERRETANI, LARRY THE TRAVEL BUG 1;:-1 OLD COVE ROAD LIVERPOOL, NY 533 PAGE 1 11/29/94 11/30/94 1750 VI 4356003101106991 *WINTHROP'S GIFT CERTIFICATES AVAI 76.50 1 1 * 13090 Rates ouNot Include AomicamSales occuoancvmOther Taxes DATE DESCRIPTION REFERENCE CHARGE CREDIT BALANCE YOUR NEXT L2'46A STAY WITH US? ii/29 ROOM TAX RL RIFI 513 9.18 Total amount due: MAY WE MAKE i.: - RESERVATION FOR Tues. �1/�7/�4 YOUR NEXT L2'46A STAY WITH US? GuemSyrwturv Buyer agrees to pay Texaco Refining and Marketing Inc, or assignee for this purchase In accordance with, payment terns, the prior disclosure of which is acknowledged. Purchases made on credit debit cards not lowed by Texaco aro subject to the terms and condltiQns o}dhe aOraemaro: nnvaPnl— N...-- --_— r�rwV nc! 111114 1 n!a %oul y TO VERIFY BILLING. TEXAco N O 0 Ch CUSTOMER COPY v3.0 BRADLEY INT'L AIRPORT RENTAL RECORD: 553382955 LAWRENCE CERRETANf COMPLETED BY: 0632 RENTED: BRADLEY INT'L AIRPORT RENTAL: 11129/94 20:00 RETURN: 11/30/94 16:37 MILES IN: 18206 OUT: 18023 MILES DRIVEN: 183 PLAN IN10UT: MOLD /MCLD CLS: F 1 DAYS 49.99 49.99 TAXABLE TOTAL 49.99 TAX .06000 3.00 CT SURCHARGE 1.00 NET DUE 53.99 PAID BY: AMX CREDIT CARD #: 371411607171006 FT# US 784246326 Thank you for renting from Hertz- See below for Airline FAl5016EK MILT AKO BAGOABE VIER $UBECI TO CCtANIDN3 OCNIARIED N1X15 TICKET ISSU" 1" CONIUNCTION TICKETS) Form Serial Number eI . ) "• ~ ' �� ENDORSEMENTyRESTRICTIONS (CARSON){ ORIGINIOESTINAT)ON ARC r; F•:• 94 ' +• F V �- t T" i• F; I. i 14 ' NAME_ PASSENGER DATE OF ISSUE NOT TRANSFERABLE COUPON .:. ; BOOKING REFERENCE ISSUEDIN EXCRA14GE FOR r l . PASSENGER r i - A/O - FROM NOT GOOD FOR PASSAGE CARRIER R16MT 0A55 OATS STATUS AR BASIS7TKT TIME STA E . D651GNATOR VAUO IgTYALO ARBi KBT• SDVIE ALL -:,r {i.,= .f F rliill J,. F—'i lJli{,t ter' i\ .•\ it r•i :W m ire 55.. E` TO _.. t ! •� .. .. . S I 1 1 1 �•' -- 54B(iAGE (71ECKED UNGIERFD PR wT PtS. wr. Pcs. wr. uxalECKEo P FARE 1 FARE CALCUUTION •A .'... .� jF. tl•'Y t.. fi iff .-\ li. - jr - - '.4 j••Ili I. 1'alll a EOUIV. FARE PO. gc TAA TAA ' ' , , f' FORM OF PAYMENT TOUR CODE ; • • t •AIRLINE _ y �� CODE f •.- 1 ; sal .96 CFH. FORM SERIAL NUMBER CK ORIGINAL ISSUE _ _ ML_AGT+INFO. 7762530696 4 o I CONTROL NO. DO NOT MARK OR WRITE IN THE WHITE AREA ABOVE r xi "r -IL I r%W- "r- r% Ir" I V .� Engineers Inc. -- _ I- EMPLOYEE ME: (PRINT) 1?..!: 17 L& (f- `` �% D PARTMENT NAME: �.1 PERIOD SHEET:_ OF FROM: TO: DATE NATURE OF EXPENSE PROJECT NAME AND/OR BUSINESS PURPOSE (IDENTIFY SUBJECT MATTER DISCUSSED INCLUDING OTHER PERSONS INVOLVED . BYNAME , COMPANY 6 TITLE) ALLOCATION OF EXPENSE CLAIMED ACCOUNTING DEPT.ONLYPnoJ.NO, AMOUNT OF EXPENSE ITEM LOCATION P.D. MISC. T. i PHASE ACCOUNT NO. CARD TYPE PPD. OR CC. OUT OF P( � �c J tj saga �2a rt 2q -S �� s' ..► �� IA 61aslr� ILI "STANDARD FORM 231-A TOTAL TO BE ACCOUNTED FOR I Lam- / L Z-4 EMPLOYEE NAME : „� (PRINT) ,�� DEPARTMENT NAME: j () PE IOD SHEET: OF FROM : Zj> O : Z SUMMARY OF EXPENSES TO BE ALLOCATED FOR ACCOUNTING DEPT. USE ONLY RECONCILIATION APPROVALS PROJECT NUMBER CONTRACT PHASE TOTAL AMOUNT PER/ PROJECT NO. ACCOUNT NUMBER ITEM AMOUNT / ? EM E DNTE ' ^ I Z i SUPERVISOR DATE PARTNER DATE ACCOUNTING T�Z\� `y`r DATE G \ ?tel Z 3 �Ir- "dIl •BOO o t� I �� 1 U AL PPD. OR CREDIT TCARD EXPENSE b^ TOTAL OUT OF POCKET EXPENSE. A C7 % JIL TOTAL EXPENSE -7 G ADVANCE TE ADVANCE TE ADVANCE TE TOTAL ADVANCE LESS OUT OF POCKET EXPENSE DUE COMPANY BALANCE DUE EMPLOYEE REMARKS ujGRAND TOTAL �+ - ~ � RADISSON HOTEL NEW LONDON noomw 35 GOVERNOR WINTHROP BLVD ^mnmAL NEW LONDON, CT 06320 ospAnT 203-443-7000 nsov.# LIVERPOOL, NY 13090 MOP Rates ovNot Include Applicable Sales Occupa cy 433 PAGE 1 11/29/94 11/30/94 1751 VI 4356024102544113 *WINTHROP'S GIFT CERTIFICATES A` 76.50 1 1 * MAY CLARK, BRUCE MAKE A RESERVATION � FCR YOUP THE TRAVEL BUG STAY WITH US? 7ues. 11.'29/94 12.44A 101 OLD COVE ROAD LIVERPOOL, NY 13090 Rates ovNot Include Applicable Sales Occupa cy or Other Taxes DATE DESCRPnON REFERENCE CHARGE CREDIT BALAt, LONG 0 1 STANCE CZ 1:1,156388294 2 4.10 112? LONG DISTANCE ca 13156088294 2 15.66 11/2? ROOM CHARGE RL RM 433 76.50 Total amount due: 101f MAY WE MAKE A RESERVATION � FCR YOUP NEXT STAY WITH US? 7ues. 11.'29/94 12.44A G"st SIMure SYRACUSE HANCOCK AIRPORT PAID G� F'. .1331.1 No. 94-11.0 DT t_:,30-19:34EX 94-11.02DT o29-:7:45EN A....8.35$ � t 1 Ca(ocerinos & Spina EXPENSE REPORT cl Engineers, Inc. / DATE.twor/ ---�-! 2— 1 EMPLOYEE NAME: (PRINT)AO� DEPARTMENT NAME: PE IOD SHEET; �., OF .3 FROM: O; DATE NATURE Of EXPENSE PROJECT NAME AND: OR BUSINE PURPOS! (IDENTIFY SUBJECT MATTER DISCUSSED INCLUDING OTHER PERSONS INVOLVED . BY NAME . COMPANY A TITLE) ALL TIO OF EXPENSE CLAIMED AC O TING DEPT.ONLVPROJ. AMOUNT OF EXPENSE ITEM LOCATION P.D. MISC. NO, OOT. i PHASEzu ACCOUNT NO. CARO TYPE PPD. OR CC. OUT OF PI _ 3ivrs S G ob(A °D 3 p 10 c 'C� STANDARD FORM 271-A TOTAL TO BE ACCOUNTED FOR .• FISHERS ISLAND AIRPORT - ELIZABETH FIELD 02/27/95 RUNWAY 7-25 & 12-30 OVERLAY (Construction)-------- SOUTHOLD, NY 211.006.003 CONSTRUCTION AND PROJECT IMPROVEMENT ANALYSIS PROGRAM NO. 1 --------------------------------------------- * Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: $1,228,424.08 $1,228,424.08 $0.00 RETAINAGE TO DATE: $0.00 $0.00 SUBTOTAL: $1,228,424.08 $1,228,424.08 NON- DATE FEDERAL ELIGIBLE STATE ELIGIBLE PARTICIPATING * 05/25/94 $489,568.14 $489,568.14 $0.00 * 06/30/94 $621,698.85 $621,698.85 $0.00 * 09/08/94 $35,644.00 $35,644.00 $0.00 * 12/13/94 $81,513.09 $81,513.09 $0.00 xxcano► STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 JAMES A. KUZLOSKI REGIONAL DIRECTOR February 1, 1995 Honorable Thomas H. Wickham Supervisor, Town of Southold Town Hall, Main Road Southold, NY 11971 Dear Mr. Wickham: JOHN C. EGAN COMMISSIONER Fishers Island Airport - Elizabeth Field DTWT not InQ Enclosed for your information and file is one copy of Certification of Municipal Contract for Construction/Equipment Purchase. Very truly yours, CRAIG SIRACUSA Planning & Program Management Enc. c AC 1552 (&94) L) Co R E C E I V E D APPROVED DOCUMENT TRANSMITTAL STATE OF NEW YORK JAN 4 199-9 OFFICE OF THE STATE COMPTROLLER Date Bureau of Contracts and State Expenditures AVI AT! r-% �Ij n cl../r ENT Gov. Smith State Office Building .�iA'IN- -UF-F*l G'E Agency Code Albany, New York 12236 R-�� NYS DEPT. OF TR PORTATI Contract No. 12236 0 F 11 . .'n.^_ , TO: L C5 L D Enclosed is an approved contract. Refer to this contract number and agency cod rinall (correspondence. ❑ Enclosed is approved Lease No. AGENCY ❑ Enclosed is an approved Supplemental Agreement or Amendment No in the amount of $ DOT/SPEC No. if applicable 7 Extension is approved to Location Amount if applicable $ ❑ Enclosed is an approved (increase) (decrease) on Order No DOT/SPEC No. if applicable . PY Location in the amount of $ IL C I V F, LOP JAN 241995 N.Y.S.D.01- HKMIMN 10 4 AV -20 211.006 NEW YORK STATE DEPARTMENT OF TRANSPORTATION AIRPORT/AVIATION CAPITAL GRANT PROGRAM CERTIFICATION OF MUNICIPAL CONTRACT FOR CONSTRUCTION/EQUIPMENT PURCHASE Instructions 1. This form should be submitted in quadruplicate to the appropriate NYSDOT Regional Office as soon as possible after the contract signing and an accepted copy must be on file in the Comptroller's Office before requests for State reimbursement can be processed. 2. In the case of multiple contracts as in a building construction contract encompassing multiple State Grants use a separate certification for each Grant and provide the allocated portion of costs. In both cases, provide appropriate cross-references. Contract Data (a) Airport: Fishers Island Airport - Elizabeth Field (b) Contract Description and Locations: Runway 7-25 & 12-30 Overlay (Construction) (c) Municipal Corporation Designation Number, if any: (d) Contractor Name and Address: Bourgeois & Shaw Incorporated bc�G`L 16 Sand Hill Road Simsbury, CT 06089 (e) Total Contract Amount: $1,429,543.10 (f) Total State Eligible Amount if different from (e): (g) State Share: $71,477.15 (h) State PIN: 0913.08 (i) State Comptroller Grant No. K Maximum Project Cost $1,565,453.00 Maximum State Amount $78,273.00 (j) Federal Grant Number 3-36-0029-08-93 Amount $1,408,907.00 Certification I, Harvey Arnoff, with offices at Gatz, Arnoff & Czygier, 16 West Main Street, Riverhead, New York 11901, am the Attorney for the Town of Southold, and have reviewed this contract entered into on September 7, 1993 between the Town of Southold and Bourgeois & Shaw Incorporated, 16 Sand Hill Road, Simsbury, CT 06089, for $1,429,543.10 and certify to the following: 1. This Contract has incorporated the contract provisions specified in Addendum No. 1, Schedule 1 and Appendix A of the referenced NYS Grant Agreement. 2. The award of this contract was based on public advertisement and competitive bidding, and conforms to all State and local laws. MR:\211W06TUHEes.1 October 4, 1993 1.19.93 3. The award of this contract was made to the lowest bidder from at least three bids received and opened on August 18, 1993 . (If this statement cannot be made because the award to the lowest responsible bidder was not the lowest bid received, or if less than three bids were received, or if the awarded bid was not within 20% of the Engineer's Estimate, then cross out this statement from the certification and attach the following: 1. Engineer's Estimate 2. Certificated copy of Bid Tabulation 3. Justification for making the award under these conditions. 4. The execution of this contract (or purchase order in the case of equipment purchase) by the municipality was specifically authorized by resolution passed on September 8, 1993 by its governing body. 5. The contractor has submitted to the municipality executed copies of Performance Bond and Labor & Material Bonds in amounts that are equal to or greater than the value of the contract (not required for equipment purchase). 6. The contractor has submitted an executed non -collusion certification as part of his bid for this contract. 7. The contractor has provided the municipality with proof that liability insurance has been obtained in the amounts specified in the Grant Agreement for this project. 8. The contract or purchase order is properly executed by both the municipality and the contractor. Acknowledgement of Attorney's Signa by otapr Public: October 19, 1993 Date JUDITH T. TERRY Notary Public, State of New York No. 52-0344863 Qualified in Suffolk County Commission Expires May 31. 184 submitted to the NYSDOT upon their request. ACC D BY N.Y.S. .O.T.: Date Accepted for the State Comptroller: Date A V20 (10/81) October 4, 1993 AIR:\211`006\FISHERS.1 1.18.93 JUSTIFICATION OF AWARD Project Title: Runway 7-25 & 12-30 Overlay (Construction) FAA AIP No. 3-36-0029-08-93 NYS PIN No. 0913.08 Four bids were received and opened on August 18, 1993. Due to the difficult economic environment, bids ranged from slightly below 20% of the engineer's estimate to slightly above 20% of the estimate. The lowest bid was reviewed, was found to be in order, and was considered reasonable. Therefore, a recommendation of award was made to the lowest bidder: Bourgeois & Shaw, Inc. 16 Sand Hill Road Simsbury, CT 06089 September 28, 1993 AIRA21 I NOWF ISHERS.1 12.10.92 LLIZABETII FIELD AIRPORT -FISHERS ISLAND (ENGINEER'S OPINION OF I I TOWN OF SOUTHOLD, NY ICONSTRUCTION COST R/W 7-25 8 12-30 OVERLAY ICES ENGINEERS, INC. IBOURGEOIS 8 SHAW INCORPORATED INORTHEASTERN ENTERPRISES, INC.1 fAA-AIP NO. 3-36-0029-08-93 11020 SEVENTH NORTH STREET 116 SAND HILL ROAD 1232 RIXTOWN ROAD 1 NYSUOT PROJECT NO. 0913.08 ILIVERPOOL, NEW YORK 13088 ISIMSBURY, CT 06089 INORWICH, CT 06360 1 BASE BID -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- IIEM FAA I I I UNIT I I UNIT I I UNIT I 1 NO. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SPEC NOI DESCRIPTION 1 QUANTITY UNITS I PRICE I TOTAL I PRICE I TOTAL I PRICE I TOTAL I -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1 P-152 ICOMMON EXCAVATION 1 1 LS ( $35,000.00 ( $35,000.00 I $55,000.00 I $55,000.00 I $10,179.52 1 $10,179.52 1 2 P-153 ICOLD MILLING EXISTING PAVEMENT ( 14,750 SY 1 $8.00 i $118,000.00 I $2.00 1 $29,500.00 1 $3.57 1 $52,657.50 1 3 P -40G 1PREPARATION OF EXISTING PAVEMENT, TYPE 1 ( 5,000 SY 1 $5.00 ( $25,000.00 1 $2.50 1 $12,500.00 I $8.73 I $43,650.00 I 4 P-400 1PREPARATION OF EXISTING PAVEMENT, TYPE 11 1 1 LS 1 $30,000.00 1 $30,000.00 1 $95,000.00 1 $95,000.00 1 $31,199.21 1 $31,199.21 1 5 P-409 1BITUMINOUS CONCRETE - TYPE 6F, TOP 1 4,950 TON 1 $90.00 1 $445,500.00 I $65.00 1 $321,750.00 1 $64.95 1 $321,502.50 1 6 P 409 ITRUE AND IEVEL COURSE I 3,665 TON 1 $90.00 1 $329,850.00 I $65.00 1 $238,225.00 1 $63.86 1 $234,046.90 1 7 P 502 IfULL DEPIll PCC PAVEMENT REPAIR I 275 SY 1 $250.00 1 $68,750.00 1 $100.00 1 $27,500.00 1 $353.00 1 $97,075.00 1 8 P 503 IJOINT RESEALING (PCC) I 6,900 LF 1 $4.00 I $27,600.00 I $1.50 I $10,350.00 1 $3.51 1 $24,219.00 1 9 P-503 ICRACK SEALING i 2,205 LF 1 $6.00 I $13,230.00 I $5.00 i $11,025.00 1 $3.51 1 $7,739.55 1 10 P-603 (BITUMINOUS TACK COAT 1 2,660 GAL 1 $1.75 1 $4,655.00 1 $4.00 1 $10,640.00 I $2.00 1 $5,320.00 1 11 P-612 IFIELD OFFICE 1 1 LS 1 $11,000.00 1 $11,000.00 1 $5,000.00 1 $5,000.00 1 $10,000.00 1 $10,000.00 12 P-620 IRUNWAY 8 TAXIWAY PAINTING 1 32,930 SF 1 $1.00 ( $32,930.00 1 $0.75 1 $24,697.50 1 $0.48 I $15,806.40 13 P-625 ISAND SLURRY COAL -TAR PITCH EMULSION SEALCOAT 1 14,975 SY 1 $2.00 1 $29,950.00 I $1.27 I $19,018.25 i $1.29 1 $19,317.75 14 1-906 IBEACHGRASS 1 3,400 SY 1 $8.00 1 $27,200.00 1 $5.10 1 $17,340.00 1 $25.50 1 $86,700.00 15 D-710 ISTABIL12ATION FABRIC 1 3,675 SF 1 $0.25 1 $918.75 I $2.00 1 $7,350.00 1 $0.50 1 $1,837.50 16 D-712 IRIP-RAP BERM I 280 LF 1 $125.00 1 $35,000.00 ( $35.00 1 $9,800.00 1 $100.00 ( $28,000.00 17 1-108 ICABLE TRENCHING FOR THE INSTALLATION OF I UNDERGROUND CABLE 1 790 LF 1 $6.00 1 $4,740.00 ( $5.00 1 $3,950.00 1 $5.00 1 $3,950.00 IIs L-108 1140. 8 ANG, 60OV, TYPE C SINGLE CONDUCTOR I I I I I I I I UNDERGROUND CABLE INSTALLED IN TRENCH/DUCT i 3,465 LF 1 $1.00 1 $3,465.00 1 $3.00 1 $10,395.00 1 $2.15 I $7,449.75 19 L-108 INC). 8 AWG, 5KV, TYPE C SINGLE CONDUCTOR I I I ( I I I I UNDERGROUND CABLE INSTALLED IN TRENCH/DUCT 1 410 LF 1 $1.00 1 $410.00 1 $3.00 1 $1,230.00 1 $2.50 1 $1,025.00 20 L-108 1110. 8 AWG, BARE COPPER COUNTERPOISE WIRE I I I I I I I 1 INSTALLED IN TRENCH INCLUDING GROUNDING RODS I I I I I I I 1 AND EXOTHERMIC CONNECTIONS 1 790 LF i $1.00 I $790.00 I $3.00 1 $2,370.00 ( $2.00 1 $1,580.00 21 1.-110 12 -INCH DIAMETER RIGID STEEL CONDUIT 1 360 LF I $15.00 1 $5,400.00 1 $15.00 I $5,400.00 1 $9.50 I $3,420.00 22 L-125 IGUIDANCE SIGN, 4 CHARACTERS, BASE I I I I ( I I I MOUNTED, IN PLACE 1 4 EACH I $3,000.00 I $12,000.00 I $6,000.00 1 $24,000.00 1 $10,150.00 1 $40,600.00 23 L-125 IMODIFICATION OF EXISTING RUNWAY THRESHOLD I I I I I I I page 1 ELIZABETH FIELD AIRPORT -FISHERS ISLAND (ENGINEER'S OPINION OF TOWN OF SOIITHOLD, NY lCONSTRUCTION COST R/W 7-25 8 12-30 OVERLAY ICBS ENGINEERS, INC. IBOURGEOIS 8 SHAH INCORPORATED INORTHEASTERN ENTERPRISES, INC.1 FAA-AIP N0. 3-36-0029-08-93 11020 SEVENTH NORTH STREET 116 SAND HILL ROAD 1232 RIXTOWN ROAD I NYSDOT PROJECT NO. 0913.08 ILIVERPOOL, NEW YORK 13088 ISIMSBURY, CT 06089 INORWICH, CT 06360 1 BASE BID -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I I I IIEM FAA I I I UNIT I I UNIT I I UNIT I I NO. SPEC NOI DESCRIPTION I QUANTITY UNITS I PRICE I TOTAL I PRICE 1 TOTAL I PRICE ( TOTAL 1 LIGHTS i 8 EACH I $150.00 I $1,200.00 I $600.00 I $4,800.00 I $450.00 ( $3,600.00 24 M-100 IMAINTENANCE AND PROTECTION OF TRAFFIC I 1 LS I $30,000.00 I $30,000.00 I $55,000.00 ( $55,000.00 I $99,835.00 I $99,835.00 I 25 M-150 IPROJECT SURVEY ✓I< STAKEOUT I 1 LS I $15,000.00 1 $15,000.00 I $113,000.00 I $113,000.00 I $12,895.00 I $12,895.00 i 26 M-200 (MOBILIZATION ----------I----------------------------------------------1----------------I--------------I---------------I--------------I---------------I--------------i---------------I ( 1 LS I $52,411.25 I $52,411.25 I $40,000.00 I $40,000.00 i $44,897.50 i $44,897.50 I (TOTAL BID I I I $1,360,000.00 I ( $1,154,840.75 1 I $1,208,503.08 I I 1BID SECURITY I I I I I I I I i I 15 % BID BOND I I I I I 5% BID BOND I 1' DENOTES BIDDER'S ERROR, THE -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I CORRECTED VALUE IS SHOWN. I I I I I I I I I I I I I I CBS ENGINEERS, INC. JOB NUMBER: 211.006 BID TABULATION 1 CERTIFY THAT THIS IS A TRUE AND CORRECT TABULATION Of SIGNED: Z page 2 BIOS RECEIVED AUGUST 18, 1993. DATE: 19 -Aug -93 ELIZABETH FIELD AIRPORT-FISHERS ISLAND ' TOWN OF SOUTHOLD, NY R/W 7-25 8 12-30 OVERLAY IFALVEY CONSTRUCTION CORP. 'CHESTERFIELD ASSOCIATES, INC. FAA-AIP NO. 3-36-0029-08-93 1184 ROUTE 81, BLDG. 2 15 COUNTRY ROAD NYSOOT PROJECT N0, 0913.08 'P.O, BOX 699 1WESTHAMPTON BEACH, NY 11978 ' BASE -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- BID lKILLINGWORTH, CT 06419 1TEM FAA ( ( I UNIT ' + UNIT ( i UNIT NO. SPEC NO' DESCRIPTION ' QUANTITY UNITS PRICE TOTAL PRICE TOTAL PRICE TOTAL ' I P-152 ICOMMON EXCAVATION 1 LS $20,200.00 ( $20,200.00 ( $22,000.00 ( $22,000.00 2 P-153 'COLD MILLING EXISTING PAVEMENT 14,750 SY ( $3.00 ' $44,250.00 ( $4.22 $62,245.00 ' 3 P-400 (PREPARATION OF EXISTING PAVEMENT, TYPE I ( 5,000 SY $7.73 ( $38,650.00 ( $10.50 $52,500.00 4 P-400 1PREPARATION OF EXISTING PAVEMENT, TYPE 11 1 LS $30,000.00 1 $30,000.00 $61,791.00 $61,791.00 ( f 5 P-409 JBITUMINOUS CONCRETE - TYPE 6F, TOP 4,950 TON $97.54 $482,823.00 $121.50 + $601,425.00 6 P-409 (TRUE AND LEVEL COURSE 3,665 TON ( $105.40 $386,291.00 $121.50 $445,297.50 7 P 502 'F1TLL DEPTH PCC PAVEMENT REPAIR ' 275 SY ' $200.00 ' $55,000.00 ( $422.50 ' $116,187-50 f 8 P-503 JOINT RESEALING (PCC) 6,900 LF $2.00 $13,800.00 $4.50 $31,050.00 9 P-503 ICRACK SEALING 2,205 Lf $3.51 $7,739.55 $4.50 ' $9,922.50 10 P-603 JBITUMINOUS TACK COAT 2,660 GAL ( $4.00 $10,640.00 ( $3.90 ( $10,374.00 11 P-612 IFIELD OFFICE 1 LS ( $68,200.00 ( $68,200.00 ( $30,000,00 ' $30,000.00 12 P-620 IRUNWAY L TAXIWAY PAINTING 32,930 Sf $0.50 $16,465.00 $0,63 $20,745.90 13 P-625 ISAND SLURRY COAL-TAR PITCH EMULSION SEALCOAT ( 14,975 SY ( $2.80 ( $41,930.00 ( $1.65 $24,708.75 14 1-906 1BEACHGRASS 3,400 SY $23.20 $78,880.00 1 $4.30 1 $14,620.00 15 0-710 (STABILIZATION FABRIC 3,675 SF $0.50 $1,837.50 ( $0.75 $2,756.25 16 D-712 IRIP-RAP BERM 280 LF $60.00 ( $16,800.00 $190.00 $53,200.00 ' 17 L-108 (CABLE TRENCHING FOR THE INSTALLATION OF ( I 1 UNDERGROUND CABLE 790 LF $19.25 $15,207.50 $5.00 ' $3,950.00 18 1.-108 INO. 8 AWG, 60OV, TYPE C SINGLE CONDUCTOR f UNDERGROUND CABLE INSTALLED IN TRENCH/DUCT 3,465 LF $0,60 $2,079.00 $3.90 $13,513.50 19 L-108 INO. 8 ANG, 5KV, TYPE C SINGLE CONDUCTOR UNDERGROUND CABLE INSTALLED IN TRENCH/DUCT 410 LF $1.00 $410.00 $4.55 $1,865.50 20 L-108 'N0. 8 AWG, BARE COPPER COUNTERPOISE WIRE INSTALLED IN TRENCH INCLUDING GROUNDING RODS AND EXOTHERMIC CONNECTIONS 790 LF ( $0.70 ( $553.00 $4.42 $3,491.80 21 L-110 12-INCH DIAMETER RIGID STEEL CONDUIT f 360 LF $3.00 $1,080,00 $11.50 $4,140.00 22 L-125 IGUIDANCE SIGN, 4 CHARACTERS, BASE ' MOUNTED, IN PLACE 4 EACH ( $6,365.00 $25,460.00 ' $5,977.40 $23,909.60 ' f 23 1-125 IMODIfICAT10N OF EXISTING RUNWAY THRESHOLD page 3 ELIZABETH FIELD AIRPORT -FISHERS ISLAND TOWN Of SOUTHOLD, NY R/t1 7-25 8 12-30 OVERLAY IfALVEY CONSTRUCTION CORP. (CHESTERFIELD ASSOCIATES, INC. FAA-AIP NO. 3-36-0029-08-93 1184 ROUTE 81, BLDG. 2 15 COUNTRY ROAD NYSDOT PROJECT NO. 0913.08 1P.O. BOX 699 IWESTNA14PTON BEACH, NY 11978 ' BASE -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- BID (KILLINGNORTH, CT 06419 IIEM FAA ( ( ( UNIT ( UNIT TWIT NO. SI'EC NO' DESCRIPTION QUANTITY UNITS ' PRICE TOTAL PRICE ( TOTAL PRICE TOTAL i LIGHTS 8 EACH $260.00 52,080.00 1 $531.70 $4,253.60 24 M-100 (MAINTENANCE AND PROTECTION OF TRAFFIC 1 LS $40,400.00 ( $40,400.00 ( $50,000.00 ( $50,000.00 ( , 25 M-150 1PROJECT SURVEY B STAKEOUT ( 1 LS $29,000.00 1 529,000.00 ( $10,000.00 $10,000.00 26 M-200 (MOBILIZATION i LS $59,486.00 ' $59,486.00 $60,000.00 $60,000.00 ---------------------------------------------- (TOTAL. BID ---------------- -------------- --------------- $1,489,261.55 -------------- ----------------------------- --------------- $1,733,947.40 ,BID SLCLIRITY ( ( ( 5% BID BOND f ( 5% BID BOND f i DENOTES BIDDER'S ERROR, THE CORRECTED VALUE IS SHOWN. ------------------------------------------------------------------------------------------------------------------------------------------- CBS ENGINEERS, INC. 1 CERTIFY THAT THIS IS A TRUE — ----------------------------- AND CORRECT TABULATION OF BIDS RECEIVED AUGUST 18, 1993. JOB NUMBER: 211.006 � BID TABULATION SIGNED: ([ ,Y 1L.ttc . It t . DATE: 19 -Aug -93 page 4 ELIZABETH FIELD AIRPORT -FISHERS ISLAND (ENGINEER'S OPINION OF TOWN OF SOUTHOLD, NY (CONSTRUCTION COST R/W 7-25 & 12-30 OVERLAY (C$S ENGINEERS, INC. (BOURGEOIS & SHAW INCORPORATED INORTHEASTERN ENTERPRISES, INC.( FAA-AIP N0. 3-36-0029-08-93 11020 SEVENTH NORTH STREET 116 SAND HILL ROAD 1232 RIXTON ROAD NYSDOT PROJECT NO. 0913.08 (LIVERPOOL, NEW YORK 13088 (SIMSBURY, CT 06089 INORWICH, CT 06360 ALTERNATE NO. 1 ( ( ( -- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- IILt1 FAA I ( ( UNIT ( ( UNIT ( ( UNIT NO. SPEC NO( DESCRIPTION ( QUANTITY UNITS ( PRICE ( TOTAL ( PRICE ( TOTAL ( PRICE ( TOTAL 1 P-152 (COMMON EXCAVATION ( 1 LS ( $35,000.00 ( $35,000.00 ( $55,000.00 ( $55,000.00 ( $10,179.52 ( $10,179.52 2 P-153 (COLD MILLING EXISTING PAVEMENT ( 17,500 SY ( $8.00 , $140,000.00 ( $2.00 $35,000.00 ( $3.57 ( $62,475.00 3 P-400 (PREPARATION OF EXISTING PAVEMENT, TYPE 1 ( 7,000 SY ( $5.00 ( $35,000.00 ( $2.50 ( $17,500.00 ( $8.73 ( $61,110.00 4 P-400 (PREPARATION OF EXISTING PAVEMENT, TYPE 11 ( 1 LS ( $40,000.00 ( $40,000.00 ( $95,000.00 ( $95,000.00 ( $39,581.21 ( $39,581.21 5 P-409 (BITUMINOUS CONCRETE - TYPE 6F, TOP ( 7,060 TON ( $90.00 ( $635,400.00 ( $65.00 ( $458,900.00 ( $61.26 ( $432,495.60 6 P-409 (TRUE AND LEVEL COURSE ( 5,190 TON ( $90.00 ( $467,100.00 ( $65.00 ( $337,350.00 ( $58.36 ( $302,888.40 / P 502 (FULL DEPTH PCC PAVEMENT REPAIR ( 285 SY ( $250.00 ( $71,250.00 ( $100.00 ( $28,500.00 ( $353.00 ( $100,605.00 8 P 503 (JOINT RESEALING ( 10,350 LF ( $4.00 ( $41,400.00 ( $1.50 ( $15,525.00 ( $3.51 ( $36,328.50 9 P-503 (CRACK SEALING ( 2,205 LF ( $6.00 ( $13,230.00 ( $5.00 ( $11,025.00 ( $3.51 ( $7,739.55 10 P-603 (BITUMINOUS TACK COAT ( 3,785 GAL ( $1.75 ( $6,623.75 ( $4.00 ( $15,140.00 ( $2.00 ( $7,570.00 11 P-612 IFIELD OFFICE ( i LS ( $11,000.00 ( $11,000.00 ( $5,000.00 ( $5,000.00 ( $15,000.00 ( $15,000.00 12 P-620 (RUNWAY & TAXIWAY PAINTING ( 32,930 SF ( $1.00 ( $32,930.00 ( $0.75 ( $24,697.50 ( $0.48 ( $15,806.40 13 P-625 (SAND SLURRY COAL -TAR PITCH EMULSION SEALCOAT ( 24,780 SY ( $2.00 ( $49,560.00 ( $1.27 ( $31,470.60 ( $1.29 ( $31,966.20 14 T-906 (BEACHGRASS ( 3,400 SY ( $8.00 ( $27,200.00 ( $5.10 ( $17,340.00 ( $25.50 ( $86,700.00 15 D-710 (STABILIZATION FABRIC 3,675 SF ( $0.25 ( $918.75 ( $2.00 ( $7,350.00 ( $0.50 ( $1,837.50 16 0-712 (RIP -RAP BERM ( 280 LF $125.00 $35,000.00 ( $35.00 ( $9,800.00 ( $100.00 ( $28,000.00 17 L-108 (CABLE TRENCHING FOR THE INSTALLATION OF ( UNDERGROUND CABLE ( 790 LF ( $6.00 ( $4,740.00 ( $5.00 ( $3,950.00 ( $5.00 ( $3,950.00 18 1-108 (N0. 8 AUG, 60OV, TYPE C SINGLE CONDUCTOR UNDERGROUND CABLE INSTALLED IN TRENCH/DUCT ( 3,465 LF ( $1.00 ( $3,465.00 ( $3.00 ( $10,395.00 ( $2.15 ( $7,449.75 19 L-108 (NO. 8 AWG, 5KV, TYPE C SINGLE CONDUCTOR ( UNDERGROUND CABLE INSTALLED IN TRENCH/DUCT ( 410 LF ( $1.00 ( $410.00 ( $3.00 ( $1,230.00 ( $2.50 $1,025.0f 20 L-108 (N0. 8 AWG, BARE COPPER COUNTERPOISE WIRE ( INSTALLED IN TRENCH INCLUDING GROUNDING ROOS ( AND EXOTHERMIC CONNECTIONS ( 790 LF ( $1.00 ( $790.00 ( $3.00 ( $2,370.00 ( $2.00 ( $1,580, 21 L-110 12 -INCH DIAMETER RIGID STEEL CONDUIT ( 360 LF ( $15.00 ( $5,400.00 ( $15.00 ( $5,400.00 ( $9.50 ( $3,420 22 L-125 (GUIDANCE SIGN, 4 CHARACTERS, BASE MOUNTED, IN PLACE ( 4 EACH ( $3,000.00 ( $12,000.00 ( $6,000.00 ( $24,000.00 ( $10,150.00 $40,6f 23 L-125 IMODIFICATION OF EXISTING RUNWAY THRESHOLD page 1 ELIZABETH FIELD AIRPORT -FISHERS ISLAND {ENGINEER'S OPINION OF TOWN OF SOUTHOLD, NY {CONSTRUCTION COST { { R/W 7-25 & 12-30 OVERLAY {C&S ENGINEERS, INC. {BOURGEOIS & SHAW INCORPORATED (NORTHEASTERN ENTERPRISES, INC.( FAA-AIP NO. 3-36-0029-08-93 11020 SEVENTH NORTH STREET 116 SAND HILL ROAD 1232 RIXTON ROAD NYSDOT PROJECT NO. 0913.08 {LIVERPOOL, NEW YORK 13088 (SIMSBURY, CT 06089 (NORWICH, CT 06360 { ALTERNATE NO. i { ( { -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ITEM FAA { ( ( UNIT ( ( UNIT { { UNIT ( { NO. SPEC NO( DESCRIPTION { QUANTITY UNITS ( PRICE { TOTAL { PRICE ( TOTAL { PRICE { TOTAL ( LIGHTS { 16 EACH { $150.00 { $2,400.00 { $600.00 ( $9,600.00 ( $450.00 ( $7,200.00 { 24 M-100 {MAINTENANCE AND PROTECTION OF TRAFFIC { 1 LS { $35,000.00 { $35,000.00 { $55,000.00 ( $55,000.00 ( $119,835.00 { $119,835.00 { 25 M-150 (PROJECT SURVEY & STAKEOUT ( 1 LS { $15,000.00 { $15,000.00 ( $113,000.00 ( $113,000.00 ( $18,775.00 ( $18,775.00 26 M-200 MOBILIZATION { 1 LS { $69,182.50 { $69,182.50 { $40,000.00 ( $40,000.00 ( $47,898.00 { $47,898.00 ---------- (---------------------------------------------- {TOTAI BID {---------------- ( {-------------- {--------------- { { $10790,000.00 {-------------- {--------------- { ( $1,429,543.10 {-------------- {---------------� { ( $1,492,015.63 (BID SECURITY { { ( { { 5% BID BOND 5% BID BOND { {* DENOTES BIDDER'S ERROR, THE CORRECTED VALUE IS SHOWN. { — ---------------------------------- --- —----•---------------------------------------------------------------------------------------------------------------------------- C&S ENGINEERS, INC. 1 CERTIFY THAT THIS IS A TRUE AND CORRECT T BULTION OF BIDS RECEIVED AUGUST 18, 1993. JOB NUMBER: 211.006 BID TABULATION SIGNED: L Q A4, DATE: 19 -Aug -93 page 2 ELIZABETH FIELD AIRPORT -FISHERS ISLAND I TOWN OF SOUTHOLD, NY I i R/W 7-25 & 12-30 OVERLAY IFALVEY CONSTRUCTION CORP. ICHESTERFIELD ASSOCIATES, INC. I FAA-AIP N0. 3-36-0029-08-93 1184 ROUTE 81, BLDG. 2 15 COUNTRY ROAD NYSDOT PROJECT NO. 0913.08 IP.O. BOX 699 IWESTHAMPTON BEACH, NY 11978 ALTERNATE NO. 1 IKILLINGWORTH, CT 06419 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ITEM FAA I I I UNIT I I UNIT I I UNIT I NO. SPEC NOI DESCRIPTION I QUANTITY UNITS I PRICE I TOTAL I PRICE I TOTAL I PRICE I TOTAL i 1 P-152 (COMMON EXCAVATION I 1 LS I $20,200.00 I $20,200.00 ( !22,000.00 ( $22,000.00 2 P-153 ICOLD MILLING EXISTING PAVEMENT I 17,500 SY I $3.50 I $61,250.00 I $4.22 I 573,850.00 I I I 3 P-400 (PREPARATION OF EXISTING PAVEMENT, TYPE 1 I 7,000 SY I $8.73 I $61,110.00 I $10.50 I $73,500.00 I I I 4 P-400 (PREPARATION OF EXISTING PAVEMENT, TYPE 11 I 1 LS I $30,000.00 I $30,000.00 I $69,900.00 I $69,900.00 I 5 P-409 (BITUMINOUS CONCRETE - TYPE 6F, TOP I 7,060 TON I $86.85 I $613,161.00 I $115.50 I $815,430.00 I I I 6 P-409 (TRUE AND LEVEL COIIRSE I 5,190 TON I $86.65 I $449,713.50 I $115.50 I $599,445.00 I 1 1. 502 IIUIL DEP111 PCC PAVEMENT REPAIR I 285 SY I $200.00 I $57,000.00 I $435.50 I $124,117.50 8 P 503 IJOINT RESEALING I 10,350 LF I $3.50 I $36,225.00 I $4.50 I 546,575.00 9 P 503 ICRACK SEALING I 2,205 LF I $3.50 I $7,717.50 I $4.50 I $9,922.50 I I 10 P-603 (BITUMINOUS TACK COAT I 3,785 GAL I $4.00 I $15,140.00 I $3.90 I $14,761.50 I I 11 P-612 IFIELD OFFICE I 1 LS I $68,200.00 I $68,200.00 I $30,000.00 I $30,000.00 I i 12 P-620 IRUNWAY 8 TAXIWAY PAINTING I 32,930 SF ( $0.50 I $16,465.00 I $0.63 I $20,745.90 13 P-625 (SAND SLURRY COAL -TAR PITCH EMULSION SEALCOAT I 24,780 SY I $2.80 I $69,384.00 I 51.65 I 540,887.00 14 T-906 IBEACHGRASS I 3,400 SY I $23.20 I $78,880.00 I $4.30 I $14,620.00 15 D-710 ISTABILIZATION FABRIC I 3,675 SF I $0.50 I $1,837.50 I $0.75 I $2,756.25 I I 16 D-712 IRIP-RAP BERM I 280 LF I $60.00 ( 116,800.00 I $190.00 I $53,200.00 I 17 L-108 ICABLE TRENCHING FOR THE INSTALLATION OF I I I I I I I I UNDERGROUND CABLE ( 790 LF I $20.00 I $15,800.00 I $5.00 I $3,950.00 18 L-108 INO. 8 AWG, 60OV, TYPE C SINGLE CONDUCTOR I I I I I I I UNDERGROUND CABLE INSTALLED IN TRENCH/DUCT I 3,465 LF I $0.60 I $2,079.00 I $3.90 I $13,513.50 19 L-108 INO. 8 AWG, 5KV, TYPE C SINGLE CONDUCTOR I I I I I UNDERGROUND CABLE INSTALLED IN TRENCH/DUCT I 410 LF I $1.00 I $410.00 I $4.55 i $1,865.50 I 20 L-108 INO. 8 AWG, BARE COPPER COUNTERPOISE WIRE I ( I I I I I INSTALLED IN TRENCH INCLUDING GROUNDING RODS I I I I AND EXOTHERMIC CONNECTIONS ( 790 LF I $0.70 I $553.00 I $4.42 I $3,491.80 I i 21 L-110 I2 -INCH DIAMETER RIGID STEEL CONDUIT I 360 LF I $3.00 I $1,080.00 I $11.50 I $4,140.00 I I 22 L-125 IGUIDANCE SIGN, 4 CHARACTERS, BASE I I I I I MOUNTED, IN PLACE I 4 EACH I $6,365.00 ( $25,460.00 I $5,977.40 i $23,909.60 I I 23 L-125 IMODIFICATION OF EXISTING RUNWAY THRESHOLD I I I I I I page 3 ELIZABETH FIELD AIRPORT -FISHERS ISLAND TOWN OF SOUTHOLD, NY R/W 7-25 & 12-30 OVERLAY IFALVEY CONSTRUCTION CORP. (CHESTERFIELD ASSOCIATES, INC. FAA-AIP NO. 3-36-0029-08-93 1184 ROUTE 81, BLDG. 2 15 COUNTRY ROAD NYSDOT PROJECT NO. 0913.08 1P.O. BOX 699 IWESTHAMPTON BEACH, NY 11978 ALTERNATE NO. 1 IKILLINGWORTH, CT 06419 , ----------------------------------------- -------------------------------------------------------------------------------------------------------------------------------- ITEM FAA I I 1 UNIT ' UNIT i UNIT NO. SPEC NOI DESCRIPTION i QUANTITY UNITS ' PRICE TOTAL PRICE ( TOTAL PRICE ' TOTAL LIGHTS 16 EACH $260.00 $4,160.00 $531.70 $8,507.20 f 24 M-100 IMAINTENANCE AND PROTECTION Of TRAFFIC 1 LS $40,400.00 $40,400.00 ' $50,000.00 $50,000.00 25 M-150 (PROJECT SURVEY & STAKEOUT 1 LS ( $40,000.00 $40,000.00 $10,000.00 $10,000.00 26 M-200 IMOBILIZATION ( 1 LS $66,974.50 -------------- $66,974.50 --------------- $60,000.00 -------------- $60,000.00 f ----------------------------- ---------------� I--------------------------------------------'- TOTAL BID ---------------- $1,800,000.00 52,191,088.25 'BID SECURITY 5% BID BOND I 5% BID BOND (` DENOTES BIDDER'S ERROR, THE CORRECTED VALUE -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- IS SHOWN. ( ( I C&S ENGINEERS, INC. I CERTIFY THAT THIS IS A TRUE AND CORRECT TABULATION Of BIDS RECEIVED AUGUST 18, 1993. JOB NUMBER: 211.006 BID TABULATION SIGNED: DATE: 19 -Aug -93 page 4 UNITED STATES IFll LITY 'aqG MAINTENANCE BOND BOND NUMBER ..2.7..0.1.2,01.0.5.0.5.UH KNOW ALL MEN BY THESE PRESENTS, That we, ...BOURGEOIS & SHAW, INC. ................................................................................................................ (hereinafter called the Principal), and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation (hereinafter called the Surety), are held and firmly bound unto .......... T.O.WN.... OF' .... S.O.U.T.HOZD....................................... —........ ...... ............................. ..... .... ............ .... ................................................................................................................................................................................................................................................ (hereinafter called the Obligee), in the full and just sum of .... SIXTY..ONE.... HOUSAND.... FOUR ... HUNDRED.. T.WENTY...ONE ,, .... AND ... 2.Q./IQ.Q....................................................................(..6.1..,.4.2.1. 2.Q.............................................................................................Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has entered into a certain contract with the Obligee dated ....NOVEMBER 30, 1994 ............................................ FISHERS ISLAND AIRPORT, ELIZABETH FIELD, RUNWAY 7-25, 12-30 OVERLAY ................................................................................................................................................................................................................................................ ................................................................................................................................................................................................................................................ which contract has been or is about to be completed and accepted. AND WHEREAS, specifications and contract provided that ..... BOIJRGEOZS...&... SHAW. ,....IN.C......................................................... should guarantee the project free from defects caused by faulty workmanship and materials for a period of _ 1 years, general wear and tear excepted. NOW, THEREFORE, if the said project shall be free from defects of workmanship and materials, general wear and tear excepted, for a period of years, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and delivered .......... l.1140h ..................... Witness as to .... BOURGEOP.,.&--..SHAW.,.., INC ....W .............................(Seal) BY: Principal ��J'))%�✓% ..............`�...........................................(Seal) a ....................................................................................................................(Seal) UNITED STATES FIDELITY D GUARANTY COMPANY .:...... K.L. GUSTAFSO Attorney-in-fact Contract 270 (8.78) ®® UNTIED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY NO. 106361 762748 KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint K.L. Gustafson and Paul A. Melvin of the City of Bloomfield , State of Connecticut its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 8th day of January A.D. 19 9 3. YMb UNITED STATES FIDELITY AND GUARANTY COMPANY 4 11106 (Signed) By... ,Oo- ...... .. ........................ per_ Senior Vice President (Signed) By........ .......:......... . ............... STATE OF MARYLAND) Assistant Secretary SS: BALTIMORE CITY ) < Onthis 8th day of January A'.b.1993 ,before me (came Robert J. Lamendola Senior Vice President of the UNITED STATES FIDEL GUARANTY COMP Paul D . kms Assistant Secretary of said Company, with both of whoMa.NSY ly acquainted, who i me severally duly sw 1�'that they, the said Robert J. Lamendola and Paims G were 17-pec oior Vice President and the Assistant Secretary of the said UNTIED STATES FIDELITY AliCOMPA � rporation described it ch executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to skid of Attomey wassuc e seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto) order as Senior Vice and Assistant Secretary, respectively, of the Company. MyComrnissionexpireathe 11th d}}rin ?.March .19 95. vim► a e� �^ �/ r`` ll 4 (Signed) ` ' .. ....F'4' ��ppM P NOTARY PUBLIC This Power of Attorney is granted under ority of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Septe r 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fut for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect. 1, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in fill force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal oft 11 E STABS FIDELITY AND GUARANTY COMPANY on this 3 0 t hday of NOVEMBER '19 94. 4 U. : ............................................ 1606 SMI lath FS 3 (10-92) Assistant Secretary . United States Fidelity and Guaranty Company (Commenced business August 1. 1898) HOME OFFICE: BALTIMORE, MD FINANCIAL STATEMENT DECEMBER 31, 1993 (STATUTORY "816) ASSETS Cash................................................................................. $23,608,379 Invested Assets: Bonds............................................................ $5,644,517,105 Preferred Stocks .................................................... 25,028,825 Common Stocks .................................................... 598,780,767 Mortgage Loans .................................................... 242,041,629 RealEstate........................................................79,971.151 Short-term Investments .. . .................... . . ............ . ......... 116,091,846 Other Invested Assets ................................................ 498,875,663 7,205,306,986 Net Premiums in Course of Collection *...................................................... 584,492,468 Accrued Interest and Dividends ..................... . . ..... ............................ . ... 88,308,153 Other Admitted Assets..................................................................... 198,192,215 Total Assets........................................................................... 38,099.9083201 LIABILITIES AND POLICYHOLDERS' SURPLUS Reserves: Losses and Loss Adjustment Expenses .............................. . ... S4,956,748,993 Premium Taxes and Operating Expenses ................................. 167,586,995 Federal and Foreign Income Taxes ...................................... 6,786,549 Unearned Premiums ................................................. 864,251,156 55,995,373,693 Funds Held Under Reinsurance Treaties .................................................. . .. 494,528,204 Other Liabilities......................................................................... 69,152,957 Total Liabilities........................................................................ 56,559,054,854 Capital Stock - S2.50 par value ................................................... .......... 570,579,288 Surplus................................................................................ 1,641,575,716 Surplus Appropriated for Net Unrealized Capital Gains and (Losses) ....................................... ....... . ............. (171,301,657) Total Policyholders' Surplus............................................................. S1,540,853,347 Total Liabilities and Policyholders' Surplus ................................................. ---$8,099 908,201 lnvestmeat values as Lao= bed by the National Aneciation of Ina moe Comnuanorters. Cash and Sv=ties in the ®count of 5779,331,619 in the staremam am dcpmiwd"roquirod by law. •Pscludca Premiums Recei,ab c over 90 days old. NORMAN A BLAKE, JK, THOMAS A. BRADLEY, Cha&man of the Board A President Vice President -Controller City of 3altlmore. Scare of Maryland u. On the 22ad day of February, 1994 before mc. Joyce C ;mtcc , a Notary PUbUc in and for the Ary and $rare aforcts id. PersonallY appcued Norman F. Slake. Jr, end Thomas a Bradley. Charman of this Board & President ad vice Pinidcat-ConeoUer. respectively. of the United States Fidelity and Guaranty Company, who, being by me sevaally duly, av'om did depose and sty thu they we such aRfoers of the said compmy, end that dw above and foregoing is a full. true and cor= starematt of the Assets and ILa'oillucs of the said company. as They appeared upon the books of the said company on Ow 31 at day of December AD.. 1993. 134 WITNESS WTIER.EOF, I have hereunto so mat band and official seal, the day end yew aforesaid. JOYCE C.4RNUCCl, -�jpTR1�q[— Notary Public SEAL Coutrl. 23 (12-93) (NEW YORK STATE LABOR LAW, SECTION 220-a) 1. That I am an officer of Bourgeois & Shaw, Inc. and am duly authorized to make this affidavit on behalf of the prime contractor on public contract No. 0913.08 2. That I fully comprehend the terms and provisions of Section 220-a of the Labor Law. 3. That, except as herein stated, there are no amounts due and owing to or on behalf of laborers employed on the project by the contractor. (Set forth any unpaid wages and supplements, if none, so state). NAME AMOUNT No Exceptions 4. That the contractor hereby files every verified statement required to be obtained by the contractor from the subcontractors. 5. That, upon information and belief, except as stated herein, all laborers (exclusive of executive or supervisory employees) employed on the project have been paid the prevailing wages and supplements for their services through 10/29/94 , the last day worked on the project by their subcontrator. (Set forth any unpaid wages and supplements, if none, so state and utilize clause 5A (below). NAME AMOUNT No Exceptions (5A) That the contractor has no knowledge of amounts owing to or on behalf of any laborers of its subcontractors. 6. In the event it is determined by the Commissioner of Labor that the wages or supplements or both of any such subcontractors have not been paid or provided pursuant to the appropriate schedule of wages and supplements, then the contractor shall be responsible for payment of such wages and supplements pursuant to the provision of Section 223 of the Labor Law. SIGNAftVft Steven Garrity PRINT NAME Vice President TITLE ACKNOWLEDGMENT: STATE OF NUNTUX Connecticut COUNTY OF Hartford SS.: On this 22nd day of December 19_U before me personally came Steven Garrity to me known and known to me to be the person described in and who executed for foregoing instrument and acknowledged that he executed the same. kR4Y//PUBt!ZV i Ou y Notary Public ' If this affidavit is verified by an oat "�i� erg _%V97a notary public in a foreign country other than Canada, it must be accompanied by a certificate authenticating the authority of the notary who administers the oath. (See CPLR Section 2309 (c); Real Property Law, Section 311, 312). CONTRACTOR'S AFFIDAVIT THAT ALL LIENS AND CLAIMS HAVE BEEN PAID STATE OF Connecitcut COUNTY OF Hartford ) ss. X Steven Garrity , being duly sworn deposes and says: k 1. That he resides at 30 Sand Hill Road, Simsbury, CT 2. That he is the contractor who entered into a certain agreement dated with for construction of OR 3. That he is the vice President of Bourgeois & Shaw, Inc. ,the corporation who entered into acertain agreement dated September 7, 1993 with Town of Southold for construction of Elizabeth Field -Fisher's Island Airport Runway 7-25 and 12-30 Overlay (FAA-AIP No. 3-36-0029-08-93, NYSDOT No. 0913.08) 4. That for the purpose of furnishing evidence acceptable to the said Corporation as to the satisfaction of all claims against the undersigned contractor within fhe meaning of "Section G.9.06. Final Payment" of the Contract Documents relating to the aforementioned Contract, and for purposes of reliance hereon by said Corporation, and for all intents and purposes specified in Article 3-A of the Lien Law and Article 122 of the Penal Law of the State of New York, the undersigned hereby declares that the claims of all sub -contractors, materialmen, laborers and all other persons and parties furnishing labor and materials with respect to the above-mentioned Contract have been paid in full except as follows: (If none, then write word "none"; otherwise list) Y No Exceptions and that the above exceptions will be paid in full from the proceeds of the Final Payment made by the said Corporation in reliance of this statement. k Subscribed and sworn to before me this ?? _ day of Dec. , 1994. X ffiTotary Public JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER �oc��FFO[Kc�Gy o S OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 24, 1995: RESOLVED that the Town Board of the Town of Southold hereby accepts and approves the United States Fidelity and Guaranty Company Maintenance Bond of Bourgeois & Shaw, Inc. , in the amount of $61,421.20, guaranteeing the Fishers Island Airport, Elizabeth Field, Runway 7-25 and 12-30 Overlay project is free from defects caused by faulty workmanship and materials for a period of one (1) year, general wear and tear excepted; said Maintenance Bond has been approved as to form and content by the Southold Town Attorney. Audith T. Terry Southold Town Clerk January 25, 1995 TRANSMITTAL CSS Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 To: Mr. Phil Knauff Re: Elizabeth Field -Fishers IsL Airport Ferry District Commissioner Runway 7-25 & 12-30 Overlay Fisher's Island Ferry District FAA-AIP No. 3-36-0029-08-93 Front of State Street NYSDOT No. 0913.08 New London, CT 06320 File: 211.006 Attn: Date: December 28, 1994 We are sending you X herewith under separate cover via • Original Estimate No. 4 and Final, Claim Voucher, executed Lien Affidavit, Prime Contractor's Certification and Contractor's Maintenance Bond, for the above - referenced project. Note: We recommend the Town Attorney review and approve the enclosed Maintenance Bond prior to release of the retainage. The above are for information X approval revision construction X other Payment REMARKS: If you have any questions, please feel free to contact us. If enclosed are not as noted, please notify us at once. C&S ENGINEERS, INC. Karen D. Wilds Office Engineer KDW/cb Enclosure cc: Ms. Judith Terry (w/enc.) CBS January 10, 1995 Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 Mr. Dan Vornea Federal Aviation Administration N.Y. Airports District Office 181 South Franklin Avenue - Room 305 Valley Stream, New York 11581 Re: Elizabeth Field -Fishers Island Runway 7-25 & 12-30 Overlay FAA-AIP No. 3-36-0028-08-93 NYSDOT 0913.08 Subj: Change Order No. 1 and Final File: 211.006 Dear Mr. Vornea: Enclosed for your review and approval are the original and two (2) copies of Change Order No. 1 & Final, for the above -referenced project. Change Order No. 1 and Final provides for a decrease in the Contract amount of (-$201,119.02) (Federal share (-$181,007.12) State share (-$10,055.95)). By copy of this letter, we are also requesting approval from the New York State Department of Transportation. If you have any questions in reference to the enclosed, or if additional information is required, please do not hesitate to contact us. Very truly yours, C&S ENGINEERS, INC. Karen D. Wilds Office Engineer KDW/cb Enclosure cc: Mr. D. O'Rourke (w/enc.) Mr. S. Harris (w/enc.) Mr. P. Knauff (w/enc.) Mr. R. Michaud (w/enc. ) Mr. M. Petranchuk (w/enc. ) Ms. T. Hopkins (w/enc.) RUNWAi7-21 d Y ._ U.E„ A'r ...i; . • , a' v .Nl. �i .u;, Lu!;TkACTUk I NYSDOT PROJECT N0. 051 .06 !---------------------------------------------------------------j 6OURCEUIS t SHAW, INC. I-------------------------------------------------------!------------------------------------------ I I FEDERAL I S-1 ITE .a I LOCAL OTHER I I NYS COMPTROLLER'S NO. ADAP NO. 3-36-(";)28-08-93 ! ------- -------------------------------------------------------------I---------------------------------------------------I----------------------------------------------I ------------------- - -- - ------------------------------ I - - --- - - --- - -------- - --------- - - ---------------- - --- ------- - ------------- - --- - -------------------- I I I MATCHING I I SPEC. I I I CONSTRUCTION 1 CHANGE 1N 1 REVISED BID I UNIT PRICE i ORIGINAL ITEM I REVISED ITEM I CHANGE IN 1 ! 1 1 FUNDS i ITEM I DESCRIPTION I UNIT I BID I QUANTITY I QUANTITY I BID I TOTAL 1 TOTAL I CONTRACT I I I i NO. -----------I-------------------------I---------I-------------1----------I-------I----------------I---------- I I I QUANTITY 1 I i I I i I-- 11 90.00% 1 5.00% 1 5.00% 1 I I Alternate No. 1 i ------------ !-------- - ----- I I----- --------- I---------------- !-------- ---I--------1 P-152 1. I Common Excavation I L. S. 1 100.00% 1 0.00% 1 100.00% 1 £55,000.00 1 £55,000.00 ! £55,000.00 i $0.00 1 1 £0.00 1 £0.00 1 £0.00 1 I x--153 2. 1 Cold Milling Existing Pavement I s, y. 1 17,500.00 1 -2,720.02 1 14,779.98 1 32.90 1 £35,000.00 $29,559,96 1 (3,440.04)1 ! (54,896.04) 1 3212.05) ! (£.72.00) 0-400 3. 1 Preparation of Existing Pavement I I I I 1 I ! I I I I I I I i Type I I S. Y. 1 7,000.00 1-3,778.79 1 3,221.21 1 $2.50 1 3171500.00 I $8,053.03 1 ($9,446,98)1 1 ($8,502.28) 1 ($472,35) 1 (£47'.35) 1 1 P-400 4. 1 Preparation of Existing Pavement I I I I I i i I 11 I I I I I Type 11 1 L. S. 1 100.00% 1 0.00 1 1.00 1 $95,000.00 1 $95,000.00 I $95,000.00 1 30.00 1 1 $0.00 1 $0.00 1 $0.00 i I P-409 5. 1 Bituminous Concrete Type 6F Top I tons 1 7,060.00 1 -814.67 1 6,245.33 1 365.00 1 $458,900.00 i $405,946.45 1 132,953,55)1 1 (347,658.19) 1 ($',647.68) 1 ($2,647.68) 1 I P-409 6. 1 True and Level Course I tons 1 5,190.00 1 -1,914.07 1 3,275.93 1 $65.00 i $337,350.00 1 $212,935.45 -1 ($124,414.55)1 1 (3111,973.10) 1 136,220.73) 1 (36,220.73) 1 I P-502 7. 1 Full Depth PCC Pavement Repair I s.y. 1 285.00 1 29.15 1 314.15 1 $100.00 1 $28,502).00 1 $31,415.00 1 $2,915.00 1 1 $,623.50 1 $145.75 1 $145.75 1 I P-503 8. 1 Joint Resealing (PCC) 1 1.f. 1 10,350.00 1 -2,420.00 1 7,930.00 1 $1.50 1 315,525.00 1 $11,895,00 1 33,(,30.00)1 1 ($3,267.00) 1 (3'81.50) 1 (3181.50) 1 ! P-503 9. 1 Crack Sealing 1 1.f. 1 2,205.00 1.-157.00 1 2,048.00 1 £5.00 1 $11,025.00 1 $10,240,00 1 ($785.(Y))1 1 ($106.50) 1 ($39.25) 1 ($39.25) 1 I P-603 10. 1 bituminous Tack Coat 1 gals 1 3,785.00 1 -941.92 1 2,843.06 1 $4.00 1 $15,140.00 1 $11,372.32 1 (33,767.68)1 1 133,390.91) 1 (3166.381 I 13168.381 I 1 P-612 11. 1 Field Office I L. S. 1 100.00% 1 0.00 1 1.00 1 $5,000.00 1 $5,000.00 1 $5,000.00 1 $0.00 1 1 $0.00 1 £0.00 1 $0.00 1 1 P-620 12. 1 Runway 8 Taxiway Painting I s. f. 1 322,930.00 1 1,101.00 1 34,031.00 1 $0.75 1 $24,697.50 1 $25,523.25 I $825.75 1 1 $743,18 1 341.29 1 $41.29 1 I P--625 13. 1 Sand Slurry Coal -Tar Pitch I I I I I 1 I I I I I I I I I Emulsion Sealcoat I s. y. 1 24,780.00 1 -464.55 1 24,315.45 1 $1.27 1 $31,470.60 1 $30,880.62 1 ($589.98)1 1 ($530.98) 1 32S.50) 1 (329.50) 1 i -906 14. 1 Beacngr•ass I S. Y. 1 3,400.00 1 -90.00 1 3,310.00 1 $5.10 1 $17,340.00 1 $16.881.00 1 ($459.00)1 1 ($413.10) 1 ($22.95) 1 ($22.95) 1 I D-710 15. 1 Stabilization Fabric I s. f. 1 3,675.00 1 -915.00 1 2,760.00 1 32.00 1 $7,350.00 1 $5,520.00 1 ($1,830.00)1 1 ($1,647.00) 1 (39i.50) 1 (391,50) 1 D-712 16, 1 Rip -Rap Berm 1 1.f. 1 280.00 1 -4.00 1 276.00 1 $35.00 1 $9,800.()0 1 $9,660.00 1 (3140,00)1 1 ($126.00) 1 ($7.00) 1 37.00) 1 I _-106 17. 1 Cable Trenching for the instal- I i I ration of Underground Cable 1 1.f. 1 790.00 1 -88.00 1 702.00 1 $5.00 1 $3,950.00 1 $3,510.00 1 ($440.00)1 1 ($396.00) I (f22.00) I ($22. 00) I ! 1_-108 18. 1 No. 8 A6'G 600V Type C Single I I I I Conductor Underground Cable I I I I installed in Trench or Duct 1 1 1.f. 1 1 3,465.00 1 I I -273.00 1 3, 1K. 00 1 1 I $3.(>) 1 $10,395.00 i 1 $9,576.00 1 I I ($819.00)1 1 I I ($737.10) 1 I ($40.95) 1 I ($40.95) 1 I i I CURRENT CONTRACT TIME LIMIT: ---------------- --------- 50 --- 1 CURRENT CONTRACT i--------------------------------------------- TOTAL $1,429.543.10 1 NET CHANGE THIS I -------------------------- PAGE 1 (£200,975.02)1 1 (3180,877.52) 1 ($10,048,75) 1 ($10,048.75) 1 i !,RANGE IN TIME, THIS ORDER +/- ----------------------------------------------- 0 1 NET CHANGE, THIS i--------------------------------------------------1---------------------------- ORDER (3201,119.02) 1 NET CHANGE CARRIED I FORWARD 1 ----------- I I-------------- ($144.00)1 1 I ----------------1---------- ($129.60) 1 37.201 1 I------------ I 137.20) 1 I REVISED CONTRACT TIME LIMIT: 50 1 REVISED CONTRACT TOTAL $1,228,424.08 I------------- I NET CHRMGE, TOTAL I I I -------------- (320:,119.02)1 I I------------- ($181,007.12) 1 I--------- (31u,055.95) 1 I---------- I ($10,055.95) 1 i E%PLANATION: - - - - - I ! STATE USE I See attached. II it I 1 ------------ ------ -------------------------------- RECOMMENDED BY DIVISION MANAGER ---- I SPONSOR'S ACCEPTANCE --------------- ---------- ------------- I CONTRACTOR'S ACCEPTANCE I! II I1 i I I I i APPROVED I ' I APPROVED I ----- ---- ------- FEDERAL USE -------- ---- ------ --- --------------- I I DIVISION M4NAGER I TITLE 0I ! TITLE II GGRzrsI M.Rft C, gr I I TITLE _anli.or 1 I DATE V419 I CORP, NAME ; I 1 DATE I I 1 I I 1 I I DATE 12 - 2t- - i t I RUNWAY 7-c5 AND IC -30 OVERLAY -----------------------------------------------------I COn?RRCTOR I ------------------------------------------------ I NYSDOT PHO?ECT NO. 0913. v8 I I I ------ -------------- -------------------------------------- i' BOURGEOIS & SHAW. INC. I------------------------------------------------------i-----------------------------------------------I I FEDERAL I S?ATE ! LOCAL I OTHti I NYS COMPTROLLER'S NO. I ADAP NO. 3-36-0029-08-93 i I ------- I ---- I ----- I ----- --- ------------ --- ----- ---I------ ------------ -------- ---------- --------- !------------------------------------------ -----I 1 1 MATCHING i SPEC. I I I CONSTRUCTION I CHANGE IN I REVISED BID I UNIT PRICE I ORIGINAL ITEM I REVISED ITEM I CHANGE IN I I I I FUNDS I i :TEM I DESCRIPTION I MIT I BID I QUANTITY I QUANTITY I BID I TOTAL TOTAL I CONTRACT I I I I 1 NO. I ----------- I I QUANTITY I ----- I-------- I I -------------I---------------I--------------1---------------I---------------i 1 I I f 1 90.00% 1 5.00% 1 5.00% i ----------- L-108 19. 1 -------- --- ----I---- 1 No. 8 AWG 5KV Type C Single - --- I I--- --- I I I 1 I f I--------------- I I I I---- I ----------- I-------- I ----!-------------I f I Conductor Underground Cable I I I I I I I I l I ! I I I installed in Trench or Duct 1 1.f. 1 410.00 1 -120.00 1 290.00 1 $3.00 1 %1,230.00 1 $870,00 1 (8360.00)1 i 3324.001 1 t$18.00) 1 (413.00) 1 L-108 20, 1 No. 8 AWG Bare Copper Counter- I I I I I 1 I I I I I I I I poise Wire Wire installed in I I I I I ! I I I I I 1 I I I Trench including Grounding Rods 1 1 I I I I I ! 1 1 1 1 1 I I and Exothermic Connections 1 1.f. 1 790.00 1 177.00 1 967.00 1 $3,00 1 $2,370.00 1 $2,901.00 1 3531.00 1 1 $477,90 1 $26.55 1 $26.55 1 1 L-110 21. 1 2 -in Dia Rigid Steel Conduit 1 1.f. 1 360.00 1 -21.00 1 339.00 1 $15.00 1 $5,400.00 1 $5,(185.00 1 ($315.00)1 1 13283.50) 1 (315.75) 1 (315.75) 1 I L-125 22. 1 Guidance Sign, 4 Characters, I i I I I I I I I I I I I i I Base Mounted, in Place I each 1 4.00 1 0.00 1 4.00 1 $6,000.00 1 $24,000.00 1 324,000.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 i L-125 23. 1 Modification of Existing Run- I I I 1 I I I I I I I I I I way Threshold Lights I each 1 16.00 1 0.00 1 16.00 1 $600.DO I $9,600.00 1 $9,600.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 I M-100 24. 1 M& P of Traffic I L.S. 1 100.00% 1 0.00% 1 100.00% 1 $55,000.00 1 $55,000.00 1 $55,000.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 I 16-150 25. 1 Project Survey & Stakeout I L. S. 1 100.00% 1 0.00% 1 100.00% 1 $113,000.00 1 $113,000.00 1 3113,000.(10 1 $0.00 1 ! $0.00 I $0.00 1 $0.00 1 I M-200 26. 1 Mobilization I I I I I i I 1 I I I L. S. ( I 1 I I I I I I I 1 100.00% 1 I I I 1 I I I I I 1 1 I I 1 I I I I I I 0.00% 1 I I I I I I I I I I 100.00% 1 I I I I I I I I I I $40,000.00 1 $40,000.00 1 I I I I I f I 1 I 1 I I I ! I I I I I I 340,000.00 1 $0,00 11 I I I I I I I I I I I I I ! I I I I I I I I I I I I I I I I 30.00 1 1 1 I I I f I I I I $0.00 1 I I I I I I I I I I $0.00 1 1 I I I I I I I I I I I I I ! I ! I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! I ! I I I I I I I I I I I f i NET CHANGE THIS PAGE I I I I I I I I I I 1 1 I 11 I I I i I I I I I 1 I! I I! 1 ($144.00)1 1 ( I 1 I I I I 1 I I 3129.60) 1 I I I I I I I I I I (37.20) 1 I I I I I I I I I I I 1 I I f I I I I ! (37.20) I I EXPLANATION: I - -------- I-------------- I i-------- I------------- I------------ f----------- I I NET CHANGE FROM PAGE 1 $0.00 1 1 1 I 1 1 I------------ I CARRIED FORWARD -------1------------- TO PAGE 1 I I 1 ($144.00)1 1 ----------I --------- (3129.60) 1 I ($--n) 1 ----------I ------------ I ($7.20) 1 CHANGE ORDER NO. 1 & FINAL EW I Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 PROJECT: Elizabeth Field - Fishers Island Airport Runway 7-25 and 12-30 Overlay FAA-AIP No. 3-36-0028-08-93 N.Y.S.D.O.T. No. 0913.08 CONTRACTOR: Bourgeois & Shaw, Inc. FILE: 211.006 DATE: December 13, 1994 EXPLANATION OF INCREASES AND DECREASES: P-503 (9) Crack Sealing (-157.00 Lf.) -07.12% P-620 (12) Runway and Taxiway Painting (+ 1,101.00 s. f.) + 03.34% P-625 (13) Sand Slurry Coal -Tar Pitch Emulsion Sealcoat (-464.55 s.y.) -01.87% T-906 (14) Beachgrass (-90.00 s.y.) -02.65% D-712 (16) Rip -Rap Berm (- 4.00 1.f.) -01.43% L-108 (18) No. 8 AWG 6000V T -C S/C UC in Trench/Duct (-273.00 Lf.) -07.88% L-110 (21) 2 -in Dia Rigid Steel Conduit (-21.00 Lf.) -05.83% The increases and decreases in the above items are a result of the original quantities being estimates whereas the final quantities are based on actual field measurements. For increases and decreases in excess of 10%, please refer to the following explanations. P-1.53 (2) Cold Milling Existing Pavement - 15.54% Bid Quantity: 17,500.00 s.y. Final Quantity: 14,779.98 s.y. - 2,720.02 s.y. The decrease in quantity of this item is a result of the existing pavement not requiring as much milling as anticipated, as determined by the Resident Engineer during construction. P-400 (3) Preparation of Existing Pavement Type I - 53.98% Bid Quantity: 7,000.00 s.y. Final Quantity: 3,222.21 s.y. - 3,778.79 s.y. The decrease in quantity of this item is a direct result of Addendum No. I which increased the quantity of cold milling by 4,500.00 s.y., but did not provide for the decrease in the amount of Type I Pavement Preparation Type I that resulted from this change. CHANGE ORDER NO. 1 & FINAL, 211.006 Page 2 December 13, 1994 P-409 (5) Bituminous Concrete Type 6F Top - 11.54% Bid Quantity: 7,060.00 tons Final Quantity: 6,245.33 tons - 814.67 tons The decrease in quantity of this item is a result of the wearing course thickness not exceeding the design thickness specified on the plans and the original bid quantity containing additional quantity for the allowable tolerance in the specifications. P-409 (6) True and Level Course - 36.88% Bid Quantity: 5,190.00 tons Final Quantity: 3,275.93 tons - 1,914.07 tons The decrease in quantity of this item is a result of the elevation of the top of the true and leveling course being lower than the proposed elevation, but within the allowable specified tolerance. P-502 (7) Full Depth PCC Pavement Repair + 10.23% Bid Quantity: 285.00 s.y. Final Quantity: 314.25 s.y. + 29.15 s.y. The increase in quantity of this item is due to encountering additional distressed pavement during construction that required full depth repair as a result of the severe winter weather experienced in this area. P-503 (8) Joint Resealing (PCC) - 23.38% Bid Quantity: 10,350.00 l.f. Final Quantity: 7,930.00 l.f. - 2,420.00 l.f. The decrease in quantity of this item is the result of a mathematical error made in the computation of the estimated quantity provided for in the canvass of bids. P-603 (10) Bituminous Tack Coat -24.89% Bid Quantity: 3,785.00 gals Final Quantity: 2,843.08 gals - 941.92 gals The decrease in quantity of this item is a result of the Resident Engineer ordering the tack applied at the minimum application rate of 0.05 gals/s.y. after a visual inspection of the area to be overlaid, and the quantity for canvass of bids being computed at the maximum rate of 0.15 gals/s.y. CHANGE ORDER NO. 1 & FINAL, 211.006 Page 3 December 13, 1994 D-710 (15) Stabilization Fabric -24.90% Bid Quantity: 3,675.00 s.f. Final Quantity: 2,760.00 s.f. - 9 15. 00 s.f. The decrease in quantity of this item is the result of a mathematical error made in the computation of the estimated quantity provided for in the canvass of bids. L-108 (17) Cable Trenching for the Installation of Underground Cable - 11.14% Bid Quantity: 790.00 l.f. Final Quantity: 702.00 l.f. - 8 8. 00 1.f. L-108 (19) No. 8 AWG 5KV Type C Single Conductor Underground Cable - 29.27% installed in Trench or Duct Bid Quantity: 410.00 l.f. Final Quantity: 290.00 l.f. - 120.00 l.f. The decrease in quantity of the above items is a result of the contractor utilizing a more direct route for the installation of airport lighting cable than indicated on the Contract Plans. L-108 (20) No. 8 AWG Bare Copper Counterpoise Wire installed in Trench + 22.41% including Grounding Rods & Exothermic Connections Bid Quantity: 790.00 l.f. Final Quantity: 967.00 l.f. + 177.00 l.f. The increase in quantity of this item is a result of encountering a duct bank with no existing counterpoise wire, necessitating the installation of additional wire to complete the work of this project .mt 1, low Qo US. Department of Transportation Federal Aviation Administration Mr. Scott L. Harris Supervisor, Town of Town Hall 53095 Main Road P.O. Box 1179 Southold, New York Dear Mr. Harris: Southold 11971 RECEIVED JAN 18 199 Uullroid Town Clerk Elizabeth Field Airport, Fishers Island - Rehabilitate Runways 12-30 and 7-25 - Change Order No. 1 and Final - AIP 3-36-0029-08-93 This is to advise that this office has completed the review of the proposed Change Order No. 1 and Final for a credit amount of ($201,119.02), Federal Share ($181,007.12) and is approved subject to the maximum obligation of the United States payable under the subject Grant Agreement. Enclosed are two (2) copies of this Change Order ##1 and Final as approved by this office. One copy shall be retained by you for your records and a copy should be forwarded by you to your consultant for their files. If you have any questions, please call at 516-295-9343. Sincerely, Dan Vornea Airport Engineer Enclosure SPiN(5Y)f 1 CONTRACT DESCRIPTION 1 CHANGE ORDER N0. 1 & FINAL I PAGE 1 OF 1 I ! ! 'TOWN 4ATHOLD I I------------------------------- --- -----I I 01ST DISTRIBUTION TAB I I RUNWAY 7-25 & 12-30 OVERLAY I ELIZABETH FIELD - FISHERS ISLAND AIRPORT I I ! --------------------------------------------------I 1---------------- -- - -----I i I CONTRACTOR I I NYSDOT PROJECT NO. 0913.08 ! 1------------------ -----_-------------------------------I BOURGEOIS % SHAW, INC. I------------------------------------------------------------I--------------------------------- -----I I FEDERAL I ATE I LOCAL I OTHER I 1 NYS COMPTROLLER'S NO. I ADAP NO. 3-36-0028-08-93 ( 1 ------- 1 -!-- I I ----- ----------------------------------------------------- I ----------------------------------------------------------- I ------- ----------------------------- ---------------------------------------------------------1-------------------------------------------------------------1-------------------------------------- -----I I I I MATCHING I I SPEC. I i I CONSTRUCTION I CHANGE IN I REVISED BID I UNIT PRICE ( ORIGINAL ITEM ! REVISED ITEM I CHANGE IN I I 1 I FINDS ! f ITEM I DESCRIPTION I UNIT I BID I QUANTITY I QUANTITY I BID I TOTAL I TOTAL I CONTRACT I I I I f I NO. I I ! QUANTITY I I I I I 1 11 90.00% 1 5.00% f 5.00% f I ----------- I ---------------------------------- i--------- I -------------- l---- --------- l-------------- I---------------- I-_.._-- --------- l---- ------------ i ------__------I I --------------I---- -- --I---- ----------I------------! I Alternate No. 1 I I I I I I I I P-152 1. 1 Common Excavation I L.S. 1 100.00% 1 0.00% 1 100.00% 1 $55,000.00 1 $55,000.00 ! $55,000.00 1 $0.00 1 1 $0.00 1 $0.00 I $0.00 1 I P-153 2. 1 Cold Milling Existing Pavement I s.y. 1 17,500.00 1 -2,720.02 1 14,779.98 1 $2.00 1 $35,000.00 1 $29,559.96 1 ($5,440.04)1 1 ($4,896.04) 1 '($272.00) 1 ($272.00) I ! P-400 3. 1 Preparation of Existing Pavement I I ! I I I I I I I I 1 I 1 I Type I I S. Y. 1 7, 00.00 1 -3,778.79 1 3,221.21 1 $2.50 1 $171500.00 1 $8,053.03 1 ($9, 446.98)1 1 ($8,502.28) 1 '($472.35) 1 ($472.35) 1 ! P-400 4. 1 Preparation of Existing Pavement I I I I I I i I I I I I I ! I Type Il I L. S. 1 100.00% 1 0.00 1 1.00 ! $95,000.00 1 $95,000.00 1 $95,000.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 ! i P-409 5. ! Bituminous Concrete Type 6F Top I tons ! 7,060.00 1 -.814.67 1 6,245.33 1 $65.00 1 $458,900.00 1 $405,946.45 1 ($52,953.55)1 1 ($47,658.19) 1 (42,647.68) 1 ($2,647.68) 1 1 P-409 6. 1 True and Level Course I tons 1 5,190.00 ! -1,914.07 1 3,275.93 1 $65.00 1 $337, 350. CK1 1 $212,935.45 -1 ($124,414.55)1 1 ($111,973.10) 1 06, 220.73) ! ($6,220.73) 1 f P-502 7. 1 Full Depth PCC Pavement Repair I sq. 1 285.00 1 29.15 ! 314.15 ! $100.00 ! $28,500.00 1 $31,415.00 1 $2,915.00 1 1 $2,623.50 1 $145.75 1 $145.75 1 f P-503 8. 1 Joint Resealing (PCC) I I.f. 1 10, 550.00 1-2,420.00` 1 7,930.00 1 $1.50 1 $15,525.00 1 $11,895.00 1 ($3,630.00)1 f ($3,267.00) f ($181.50) 1 ($181.50) 1 1 P-503 9. 1 Crack Sealing I I.f. 1 2,205.00 1 -157.00 1 2,048.00 1 $5.00 1 $11,025.00 1 $10,240.00 f ($785.00)1 1 ($706.50) 1 ($39.25) 1 ($39.25) ! ! P-603 10. 1 Bituminous Tack Coat I gals 1 3,785.00 1 -941.92 1 2,843.08 1 $4.00 1 $15,140.00 1 $11,372.32 1 ($3,767.68)1 1 ($39390.91) 1 ($188.38) 1 ($188.38) 1 i P-612 11. 1 Field Office ! L.S. 1 100.00% 1 0.00 i 1.00 1 $5,000.00 ! $5,000.00 ! $5,000.00 1 $0.00 I 1 $0.00 1 $0.00 1 $0.00 1 I P-620 12. 1 Runway $ Taxiway Painting I s. f. 1 32,930.00 1 1,101.00 1 34,031.00 ! $0.75 1 $24,697.50 1 $25,523.25 1 $825.75 1 1 $743.18 1 $41.29 1 $41.29 1 I P-625 13. 1 Sand Slurry Coal -Tar Pitch ! I I I i I I I I I 1 I I I I Emulsion Sealcoat I sq. ! 24,780.00 1 -464.55 1 24,315.45 1 $1.27 1 $31,470.60 1 $30,880.62 ! ($589.98)1 I (SM.90) 1 ($29.50) 1 ($29.50) 1 I T-906 14. 1 Beachgrass I S. Y. 1 3,400.00 1 -90.00 1 3,310:00 1 $5.10 1 $17,340.00 1 $16,881.00 1 ($459.00)1 1 ($413.'10) 1 1$22.95) 1 ($22.95) 1 ! D-710 15. 1 Stabilization Fabric I s. f. 1 3,675.00 1 -915.00 1 2,760.00 1 $2.00 1 $7,350.00 1 $5,520.00 1 ($1,830.00)1 1 ($1,647.00) 1 ($91.50) I ($91.50) 1 I D-712 16. 1 Rip -Rap Berm I I.f. 1 280.00 1 -4.00 1 276.00 1 $35.00 1 $9,800.00 1 $9,660.0 1 ($140.00)1 1 ($126.00) 1 j ($7.00) 1 ($7.00 f i L-108 17. ! Cable Trenching for the instal- f 1 I 1 ! 1 i I I I I I I I I lation of Underground Cable 1 1.f. 1 790.00 1 -88.01) 1 702.00 ! $5.0 1 $3,950.10 1 $3,510.00 1 ($440.0)1 1 ($396.00) 1 ($22.00) 1 ($22.00) 1 ! L-108 18. 1 No. 8 AWG 60V Type C Single I I I 1 I Conductor Underground Cable I I I I I I I 1 11 1 1 1 ! I installed in Trench or Duct 1 1.f. 1 3,465.00 1 -273.00 1 3,192.00 1 $3.00 1 $10,395.00 ! $9,576.0 ! ($819.00)') 1 ($737.10) 1 ($40.95) 1 ($40.95) 1 1 CURRENT CONTRACT TIME LIMIT: 50 1 CURRENT CONTRACT TOTAL $1,429,543.10 f NET CHANGE THIS PAGE 1 ($20,975.02)1 1 ($180,877.52) 1 ($10,04&75) 1 ($10,00.75) I ! ------------------------------------------------------I---------------------------------------------------------- I--------------------------------I------------I I--------------I-----t----------1----I-------------I CHANGE IN TIME, THIS ORDER +/- 0 1 NET CHANGE, THIS ORDER ($201,119.02) 1 NET CHANGE CARRIED FORWARD 1 ($144.00)1 1 ($129.60) 1 ($7.20) 1 ($7.20) I 1 -------------------------------------------------------I------------------------------------------------------------i--------------------------------I---------------I I--------------- ------------I REVISED CONTRACT TIME LIMIT: 50 1 REVISED CONTRACT TOTAL $1,228,424.08 1 NET CHANGE, TOTAL 1 ($201,119.02)1 1 ($181,007.12) 1 ($110,056.95) I ($10,055.96) I 1 EXPLANATION: I I STATE USE 1 Seeattached. !I ! !I i II ---------------------------------------------------------------------------------------------- - - --------------------------------------------------------------- RECOMMENDED BY DIVISION MANAGER I SPONSOR'S ACCEPTANCE I CONTRACTOR'S ACCEPTANCE ! ! APPROVED to �d)joct APPROVED I APPROVED _ ! II i.� l° A.^" ! DIVISION MANAGER I TITLE I TITLE Gc n e mss!a eca► a ! I TITLE !�1�s�9 1 DATE 4'QS'" 1 CORP. NAME soNwsti.S+S�.aw.3.�r.I IDATE II DATE 1 Z - 21- a14 ! iLeal o% LUN:l: {'Hk'J!ESLH„ P;! !':UN, L "d kNls_ U'4,kilL. i� F,�A k'_ V 43-- TOWN OF SOUTHOLD [ I----------------- r------_-_---------- I I LST DISTRIBUTION TAB77 ? I RUNWAY 7-25 AND 12-30 OVERLAY I ELIZABETH FIELD ISHERS ISLAND AIRPORT I I E -------- -------------------------------------------- ? I -------------- --------------------------- CONTRACTOR i I NYSDOT PROJECT NO.t'° 0913.08 ! { ---------------------------------------I BOURGEOIS & SHAW, INC. I-----------------------------------------------------------I---------------- -K»---------------------- ------I I '1 1. I :ATE I LOCAL I OTHER i I NYS COMPTROLLER'S -NO. I ADAP NO. 3-36-004.08-93 -------------------------------------------------------I----------------------------------------------- ---------I ----------------- - 1 ( I I MATCHING I ! SPEC. I I I CONSTRUCTION I CHANGE IN I REVISED DID I UNIT PRICE I ORIGINAL ITEM I REVISED ITEM I CHANGE INI I I I FUNDS I i ITEM I DESCRIPTION I UNIT I BID E QUANTITY I QUANTITY I BID I TOTAL I TOTAL I CONTRACT I! ! ) I I I NO. I ----------- I ---------------------------------- I I --------- ( QUANTITY I I -------------- I ------------- I I I -------------- I ---------------- I i i---------------- I 1 1 90.00% 1 ,. 00% 1 5.00% 1 ? ------I L-108 19. 1 No. 8 AWG 5KV Type C Single I I I I i [---------------- !------------- I i ---- -----i-- _________1-------------- i------ I Conductor Underground Cable I ( i installed in Trench or Duct I I.f. 1 410.00 1 -120.00 1 290.00 [ %3.00 1 %1,230.00 ( %870.00 1 (%360.00)1 1 (3324.00) 1 ($18.00) 1 ($18.00) 1 I L-108 20. 1 No. 8 AWG Bare Copper Counter- I ! I poise Wire Wire installed in I I ? Trench including Grounding Rods 1 1 1 I and Exothermic Connections 1 1.f. 1 790.00 1 177.00 1 %7.00 1 $3.00 1 $2,370.00 i $2,901.00 1 3531.00 1 1 $477.90 1 $26.55 1 326.55 1 I L-110 21. 1 2 -in Dia Rigid Steel Conduit I 1.f. 1 360.00 1 -21.00 1 339.00 1 315.00 1 $5,400,00 1 $5,085.00 1 ($315.00)1 1 3M. 50) 1 (315.75) 1 ($15.75) 1 I L-125 22. 1 Guidance Sign, 4 Characters, I I I I I I I I I I I I 1 ? I Base Mounted, in Place I each 1 4.00 1 0.00 E 4.00 1 $6,()00.()0 1 $24, 000.00 1 $24,000.00 1 $0.00 1 1 $0.00 1 I $0.00 1 $0.00 1 i L-125 23. 1 Modification of Existing Run- I I I I I I I I I I I 1 I I 1 way Threshold Lights 1 each 1 16.00 1 0.00 ! 16.00 ! $600.00 1 $9,600.()0 1 $9,600.00 ! $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 I M-100 24. 1 M& P of Traffic I L.S. 1 100.00% 1 0.00% 1 100.00% 1 $55,000.00 ( $55,000.00 1 $55,000.00 1 $0.00 ! 1 $0.00 i $0.00 1 $0.00 1 1 M-150 25. 1 Project Survey & Stakeout ! L.S. 1 100.00% 1 0.00% 1 100.00% [ $113,000.00 1 $113,000.00 1 $113,000.00 1 $0.00 i i $0.00 1 $0.00 1 $0.00 ( I M-200 26. 1 ? Mobilization I L L.S. 1 100.00% 1 I 1 0.u<0% 1 I 100.00% 1 I $40,000.00 1 $40,000.00 1 $40,000.00 ? 1 1 $0.00 1 1 1 ? I $0.00 1 I $0.00 1 1 $0.00 1 ! I ? I ? 1 ! f ( ( 1 ? # NET CHANGE THIS PAGE 1 I l ($144.00)1 1 I ($129.60) 1 ? ($7.20) I 1 1 (37.20) 1 ? EXPLANATION: I--------------------------------I---------------I I--- ---- ------ I --------------I -------------- I ------- --- - I I NET CHANGE FROM PAGE 1 $0.00 1 1 1 1 1 1 l-------------1 1--------------------------------I---------------I I CARRIED FORWARD TO PAGE 1 1 ?------------1--- ($144.00)1 1 ($129.60) 1 ------------ l ($7.20) 1 ------ ------- ($7.20) 1 1 RECEIVED cas JAN 13 1995 Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 Southold Town Clerk (3'15) 455-2000 Fax. (315) 455-9667 To: Mr. James Kuzloski Re: Fishers Island -Elizabeth Field NYS Dept. of Transportation, Region 10 RW 7-25 & 12-30 Overlay (Const) New York State Office Building FAA AIP No. 3-36-0029-08-93 Veterans Highway NYS PIN 0913.08 Hauppauge, NY 11787 File: 211.006.003 Attention: Date: January 11, 1995 Enclosed please find the following: - Three copies of Partial Payment Request No. FOUR (Form FIN -190) with attached backup documentation for your review and processing. Remarks: If you have any questions or need additional inforirnatlon, please do not hesitate to contact us. C&S ENGINEERS, INC. Th esa M. Hopkins Grants Administrator Enclosures cc: Ms. Judith Terry a i TRANSMITTAL cas Engineers, Inc. To: Mr. Phil Knauff Ferry District Commissioner Fisher's Island Ferry District Front of State Street New London, CT 06320 Attn: 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 Re: Elizabeth Field -Fishers IsL Airport Runway 7-25 & 12-30 Overlay FAA-AIP No. 3-36-0029-08-93 NYSDOT No. 0913.08 File: 211.006 Date: December 28, 1994 We are sending you X herewith under separate cover via • Original Estimate No. 4 and Final, Claim Voucher, executed Lien Affidavit, Prime Contractor's Certification and Contractor's Maintenance Bond, for the above - referenced project. Note: We recommend the Town Attorney review and approve the enclosed Maintenance Bond prior to release of the retainage. The above are for information -X—approval revision construction X other Payment REMARKS: If you have any questions, please feel free to contact us. If enclosed are not as noted, please notify us at once. KDW/cb Enclosure cc: Ms. Judith Terry (w/enc.) C&S ENGINEERS, INC. Karen D. Wilds Office Engineer Account Number............. Invoice #............. Date ................ 19........... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: .................................... Bourgeois & Shaw, Inc. .................................. Payee Reference: Address:.................................... ,90 .Wolcott .Road ..... . ... . ....... . .... Phone No. (....). ...................... .Simsbury, CT 06070-1416 Vendor Contact Cash Discount..................% ... ....Days.................................... Item No. Description of Material/Service Quantity Unit Price Amount 523-12 Airport Invoice #4 & Final 12/13/94 $81,513.09 Total $81,513-09 Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. Dated .�� CIf-v%1N�? A V-..2. i ....... ,19 9-!5c i� ..... . Signature PROJECT: ELIZABETH FIELD - FISHERS ISLAND AIRPORT RUNWAY 7-25 & 12-30 OVERLAY FAA-AIP NO. 3-36-0029-08-93 N.Y.S.D.O.T. NO. 0913.08 TO THE TOWN OF SOUTHOLD: FILE: 211.006 DATE: 12/13/94 ESTIMATE NO 4th & Final Pursuant t0 the terms of the Contract, dated September 7, 1993, by and between the Town of Southold and Bourgeois & Shaw, Inc., contractor for the construction of the Eliabeth Field -Fisher's Island Airport Runway 7-25 & 12-30 Overlay (FAA-AIP No. 3-36-0029-08-93, NYSDOT No. 0913.08), we hereby submit the Fourth and Final Estimate, for work completed through October 25, 1994: ITEM NO. DESCRIPTION OIG A QUANTITY UNIT UNI PRICE J1 QUANTITY TO DATE TOTAL $ TO DATE Alternate No. 1 P-152 1. Common Excavation 100.00% L.S. $55,000.00 100.00% $55,000.00 P-153 2. Cold Milling Existing Pavement 17500.00 s.y. $2.00 14779.98 $29,559.96 P-400 3. Preparation o fExisting Pavement Type 1 7000.00 s.y. $2.50 3221.21 $8,053.03 P-400 4. Preparation of Existing Pavement, Type 11 100.00% L.S. $95,000.00 100.00% $95,000.00 P-409 5. Bituminous Concrete - Type 6F, Top 7060.00 tons $65.00 6245.33 $405,946.45 P-409 6. True and Level Course 5190.00 tons $65.00 3275.93 $212,935.45 P-502 7. Full Depth PCC Pavement Repair 285.00 S.Y. I $100.00 314.15 $31,415.00 P-503 8. Joint Resealing (PCC) 10350.001 I.f. $1.50; 7930.00 $11,895.0011 P-503 9. Crack Sealing 2205.001 I.f. ' $5.00! 2048.00 $10,240.00 P-603 10. Bituminous Tack Coat 3785.00 gals I $4.001 2843.08 $11,372.32 P-612 11. Field Office 100.00%i L.S. $5,000.00: 100.00% $5,000.00 P-620 12. Runway & Taxiway Painting 32930.00 s.f. $0.751 34031.00 $25,523.25 P-625 13. Sand Slurry Coal -Tar Pitch Emulsion Sealcoat 24780.00 s.y. $1.271 24315.45 $30,880.62 T-906 14. Beachgrass 3400.00 s.y. $5.101 3310.00 $16,881.00 D-710 15. Stablization Fabric 3675.00 s.f. $2.001 2760.00 $5,520.00 D-712 16. Rip -Rap Berm 280.00 I.f. $35.00 276.00 $9,660.001 L-108 17. Cable Trenching for the Installation of Underground Cable 790.00 I.f. $5.001 702.00 $3,510.0011 L-108 18. No. 8 AWG, 600V, Type C Single Conductor Unerground Cable Installed in Trench/Duct 3465.00 I.f. $3.001 3192.00 $9,576.00 L-108 191: No. 8 AWG, 5KV, Type C Single Conductor I Unerground Cable Installed in Trench/Duct 410.00 Lf. $3.00! 290.00 $870.00, L-108 20. No. 8 AWG, Bare Copper Counterpoise Wire i Installed in Trench Including Grounding Rods 1 and Exothermic Connections 790.00 I.f. 1 $3.001 967.001 $2,901.001 L-110 21. 2 -inch Diameter Rigid Steel Conduit 360.00 I.f. $15.00 339.00 $5,085.00 L-125 22. Guidance Sign, 4 Characters, Base Mounted, in place 4.00 each $6,000.001 4.00 $24,000.00 L-125 23. Modification of Existing Runway Threshold Lights 16.00 each $600.00 16.00 $9,600.001 M-100 24. Maintenance & Protection of Traffic 100.00% L.S. $55,000.00 100.00% $55,000.00 M-150 25. Project Survey & Stakeout 100.00% L.S. $113,000.00 100.00% $113,000.001 M-20026. Mobilization 100.00%, L.S. $40,000.00 100.00% $40,000.00; i STATEMENT OF DAYS CHARGED 50 TOTAL CONTRACT DAYS 44 LESS DAYS CHARGED 6 TOTAL DAYS REMAINING BOURGEOIS & SHAW, INC. BY: TITLE: DATE: Total Amount of Work Done to Date - - - - - - - - $1,228,424.08 Less 0% Retained ----------------- $0.00 Amount Recommended for Payment, $1,228,424.08 Previous Estimates--------------- $1,146,91 0-q9 AMOUNT DUE CONTRACTOR, ESTIMATE #4&F -- $81,513.09 C&S ENGINEERS, INC. Alt_� A (1,n- - - - �� Harold W. Wagner, � E. % Division Manager TRANSMITTAL We've Moved! C&S Engineers, Inc. 1099 Airport Boulevard North Syracuse, New York 13212 (315) 455-2000 (315) 455-9667 Fax To: Mr. Phil Knauff Ferry District Commissioner Fisher's Island Ferry District Front of State Street New London, CT 06320 Attn: Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 Re: Elizabeth Field -Fishers IsL Airport Runway 7-25 & 12-30 Overlay FAA-AIP No. 3-36-0029-08-93 NYSDOT No. 0913.08 File: 211.006 Date: December 28, 1994 We are sending you X herewith under separate cover via Two originals of Change Order No. 1 and Final, for the above -referenced project. The above are for information X approval revision construction other REMARKS: After approval, please return both signed Change Orders to the attention of the undersigned, for further execution. If you have any questions, please feel free to contact us. If enclosed are not as noted, please notify us at once. C&S ENGINEERS, INC. Karen D. Wilds Office Engineer KDW/cb Enclosure cc: Ms. Judith Terry (w/enc.) SOUIHOLD IC= ----------------------------------------- -----I _ C:- I RUNWAY 7-25 & 12-30 OVERLAY I EIIZABETti Fi�:LD - FISH -_RS ISLAND A:SPORT - ------------------------------------------------I CONTRACTOR I I -------------------------------------------I I NYSDOT PROJECT NO. 0913.08 1 i 1--------------------------------------------------------I I BOURGEOIS & SHAW, INC. I-----------------------------------------------I----------------------------------------I I FEDERAL I STATE I LOCAL I OTHER I I NYS COMPTROLLER'S NO. I ADAP NO. 3-36-0028-08-93 1 1 ------ I ----- I ----- I ----- I ------------------------------I------------- -----------------I-- -------------------------------I I I I MATCHING I I SPEC. I I I CONSTRUCTION I CHANGE IN 1 REVISED BID 1 UNIT PRICE I ORIGINAL ITEM 1 REVISED ITEM I CHANGE IN I I I I FUNDS I I ITEM I DESCRIPTION 1 UNIT I BID I MTITY I QUANTITY I BID I TOTAL I TOTAL I CONTRACT 11 I I I I NO. I I ------I --I---- I QUANTITY I I I --I ------I I ----- --I I I - - I ----------- I 1 I ------- I 1 90.00% 1 I --- 5.00% 1 5.(X)4 I I -----------I ---- 1 Alternate No. 1 I 1 I 1 I I I I 1 --------- - I--------------I I I I ----------I----------1 I I P-152 1. 1 Common Excavation I L.S. 1 100.00% 1 0.00% 1 100.00% 1 $55,000.00 1 $55,000.00 1 $55,000.00 1 $0100 1 1 $0.00 1 $00.00 1 $0.00 1 I P-153 2. 1 Cold Milling Existing Pavement I s. y. 1 17,500.00 1-2,720.02 1 14,779.98 1 $2.00 1 $35,000.00 1 $29,559.96 1 ($5,440.0411 1 ($4,896.04) 1 ($272.00) 1 ($272.00) 1 I P-400 3. 1 Preparation of Existing Pavement I I I I I I I I I I I I I i I Type I I S. Y. 1 7,000.00 1-3,778.79 1 3,221.21 1 $2.50 1 $17,500.00 1 $8,053.03 1 ($9,446.9B)l 1 ($8,5)2.28) 1 ($472.35) 1 ($472.35) 1 I P-400 4. 1 Preparation of Existing Pavement I I I I I I I I I I I I I I I Type II I L.S. 1 100.00% 1 0.00 1 1.00 1 $95,000.00 1 $95,000.00 1 $95,000.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 1 P-409 5. 1 Bituminous Concrete Type 6F Top I tons 1 7,060.00 1 -814.67 1 6,245.33 1 $65.00 1 $458,900.00 1 $405,946.45 1 ($52,953.55)1 1 ($47,658.19) 1 ($2,647.68) 1 ($2,647.68) 1 I P-409 6. 1 True and Level Course I tons 1 5,190.00 1-1,914.07 1 3,275.93 1 $65.00 1 $337,350.00 1 $212,935.45 1 ($124,414.55)1 1 ($111,973.10) 1 ($6,220.73) 1 ($6,220.73) 1 I P-502 7. 1 Full Depth PCC Pavement Repair I s.y. 1 285.00 1 29.15 1 314.15 1 $100.00 1 $28,500.00 1 $31,415.00 1 $2,915.00 1 1 $2,623.50 1 $145.75 1 $145.75 1 I P-503 B. 1 Joint Resealing (PCC) 1 1.f. 1 109350.00 1 -2,420.00 1 7,930.00 1 $1.50 1 $15,525.00 1 $11,895.00 1 ($33,630.00)1 1 ($3,267.00) 1 ($181.50) 1 ($181.50) 1 I P-503 9. 1 Crack Sealing 1 1.f. 1 2,205.00 1 -157.00 1 2,048.00 1 $5.00 1 $11,025.00 1 $10,240.00 1 (4785.00)1 1 ($706.50) 1 ($39.25) 1 ($39.25) 1 I P-603 10. 1 Bituminous Tack Coat I gals 1 3,785.00 1 -941.92 1 2,843.08 1 $4.00 1 $15,140.00 1 $11,372.32 1 ($3,767.68)1 ! ($3,390.91) 1 ($188.38) 1 ($188.38) 1 I P-612 11. 1 Field Office I L.S. 1 100.00% 1 0.00 1 1.00 1 $5,000.00 1 $5,000.00 1 $5,000.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 I P-620 12. 1 Runway & Taxiway Painting I s. f. 1 32,930.00 1 1,101.00 1 34,031.00 1 $0.75 1 $24,697.50 1 $25,523.25 1 $825.75 1 1 $743.18 1 $41.29 1 $41.29 1 I P-625 13. 1 Sand Slurry Coal -Tar Pitch I I I 1 I I I I I I I I I I I Emulsion Sealcoat I s. y. 1 24,780.00 1 -464.55 1 24,315.45 1 $1.27 1 $31,470.60 1 $30,880.62 1 ($589.98)1 1 ($530.98) 1 ($29.50) 1 ($29.50) 1 I T-906 14. 1 Beachgrass I S. Y. 1 3,400.00 I, -90.00 1 3,310.00 1 $5.10 1 $17,340.00 1 $16,881.00 1 ($459.00)1 1 ($413.10) 1 ($22.95) 1 ($22.95) 1 I D-710 15. 1 Stabilization Fabric I s. f. 1 3,675.00 1 -915.00 1 2,760.00 1 $2.00 1 $7,350.00 1 $5,520.00 1 ($1,830.00)( 1 ($1,647.00) 1 ($91.50) 1 ($91.50) 1 I D-712 16. 1 Rip -Rap Berm 1 1.f. 1 280.00 1 -4.00 1 276.00 1 $35.00 1 $9,800.00 I $9,660.00 1 ($140.00)1 1 ($126.00) 1 ($7.00) 1 ($7.00) 1 I L-108 17. 1 Cable Trenching for the instal- I I I I I I I I 11 I I I i I lation of Underground Cable 1 1.f. 1 790.00 1 -88.00 1 702.00 1 $5.00 1 $3,950.00 1 $3,510.00 1 ($440.00)1 1 ($396.00) 1 ($22.001 1 ($22.00) 1 I L-108 18, 1 No. 8 AWG 600V Type C Single I 1 1 I I 1 I I I I I I I I I Conductor Underground Cable I I I i I I I I I I I I I I I installed in Trench or Duct I I I l.f. 1 3,465.00 1 1 I -273.00 1 I 3,192.00 1 $3.00 I 1 $10,395.00 1 I I $9,576.00 1 3819.0011 I I 1 ($737.10) 1 I I ($40.95) 1 I ($40.95) 1 i I 1 CURRENT CONTRACT TINE LIMIT: ------------------I 50 1 CURRENT CONTRACT TOTAL ---------------- $1,429,543.10 ------I-- 1 NET CHANGE THIS PAGE ------------------1----------I 1 ($200,975.02)1 I-------------1----------I--------I----------1 1 ($180,877.52) 1 ($10,048.75) 1 ($10,048.75) 1 -- 1 CHANGE IN -------- TIME, THIS ORDER +/- --- 0 1 NET CHANGE, THIS ORDER -I ----- ----------I--------------------I-------I ($201,119.02) 1 NET CHANGE CARRIED FORWARD 1 ($144.00)1 1 ($129.60) 1 ($7.20) 1 ($7.20) 1 I REVISED CONTRACT TIME LIMIT: 50 1 REVISED CONTRACT TOTAL $1,228,424.08 1 NET CHANGE, TOTAL I----------I 1 ($201,119.02)1 1 ($181,007.12) 1 --------I ($10,055.95) 1 ---I--------I ($10,055.95) 1 I EXPLANATION: I I STATE USE ! See attached. I I II II I I I II II I I I RECOMRENDED BY DIVISION MANAGER I SPONSOR'S ACCEPTANCE I CONTRACTOR'S ACCEPTANCE I 1 APPROVED I APPROVED F I I FEDERAL USE I 0� DIVISION MANAGER i I TITLE I I TITLE II r- -- - I TITLE I 1 _ a,n Qt , 94 1 DATE I CORP. NAME Q... a:.s+ --� S$1`•1,.1$."1, I I DATE 1 I I I I I I DATE _ 12 - 2 l- 94 I I 1 ,. _e+ LOf!1411 0`_.L f,UN Lr H, -n. ibw. OF 50Ln11OLD I -------------------------------------------------- . rrc r CL_ I5'_ 1 ;, Ny =-------------------------------------------- I RUNWAY 7-25 AND 12-30 OVERLAY 1 E-lZABETH Fi5_D - FISHEFE (ELAN$ A1'rF'Of; CONTRACTOR I I I --------------------------------------------- I NYSDOT PROJECT 140. 0913.08 I I 1 1--------------------------------------------------------I ! BOURGEOIS t SHAW, INC. I--3333-- - ---------------------I---------------------------------------------I I FEDERAL i STATE I LOCAL I OTHER I �, I NYS COMPTROLLER'S NO. I PAP NO. 3-36-006-08-93 11 ------ I 3333- I ---- I ----- I --- --------------- -------------_3333I----3333-- ---- --------------- --I ----- -------- ------ ----------- -------- I I I I MATCHING I I SPEC. I I I CONSTRUCTION I CHANGE IN I REVISED BID I UNIT PRICE I ORIGINAL ITEM I REVISED ITEM I CHANGE IN I I I I FUNDS I I ITEM I DESCRIPTION I UNIT I BID I QUANTITY I QUANTITY I BID I TOTAL I TOTAL I CONTRACT I I I I I I N0. ----------- I 13333-- ----I I I QUANTITY 1 I------1 I ____ I i -------1---3333-i i 3333 I I I --------------- I 1 1 90.00% 1 5.00% 1 5.00% I 1 L-108 19. 1 No. 8 AWG 5KV Type C Single I I I I I I I I ----------- -- I I I I ----3333-I --------------- i I -----------I I ----------- I I I I Conductor Underground Cable I I I I I installed in Trench or Duct 1 1.f. 1 410.00 1 -120.00 1 290.00 1 $3.00 1 $1,230.00 1 $870.00 1 ($360.00)1 1 ($324.00) 1 (418.00) 1 ($18.00) 1 I L-108 20. 1 No. 8 AWG Bare Copper Counter- 1 I I I I ) I I 1 1 I 1 I I I poise Wire Wire installed in I I I 1 I Trench including Grounding Rods I I I I I I and Exothermic Connections 1 1.f. 1 790.00 1 177.00 1 %7.00 1 $3.00 1 $2,370.00 1 $2,901.00 1 $531.00 1 1 $477.90 1 $2'6.55 1 $26.55 1 I L-110 21. 1 2 -in Dia Rigid Steel Conduit 1 1. f. 1 360.00 1 -21.00 1 339.00 I $15.00 1 $5,400.00 1 $5,085.00 1 ($315.00)1 1 ($2833.50) 1 (E15.75) 1 ($15.75) 1 1 L-125 22. 1 Guidance Sign, 4 Characters, I I I I I I I I I i I I I I I Base Mounted, in Place I each 1 4.00 1 0.00 1 4.00 1 $6,000.00 1 $24,000.00 1 $24,000.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 I I L-125 23. 1 Modification of Existing Run- I I I I I I I I 1 I I I I I I way Threshold Lights I each 1 16.00 1 0.00 1 16.00 1 $600.00 1 $9,600.00 1 $9,600.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 I M-100 24. 1 M I P of Traffic I L. S. 1 100.00% 1 0.00% 1 100.00% 1 $55,000.00 1 $55,000.00 1 $55,000.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 I . M-150 25. 1 Project Survey I Stakeout I L.S. 1 100.00% 1 0.00% 1 100.00% 1 $113,000.00 1 $113,000.00 1 $113,000.00 1 $0.00 1 1 $0.00 1 $0.00 1 $0.00 1 I M-200 26. 1 Mobilization I 1 I I I I I I i 1 I L. S. I 1 I I 1 I I I I 1 1 100.00% 1 i I I I I I I I I 1 I I I I I I I I I 1 0.00% 1 I I I I I I I I I I 100.00% 1 I t I I I I I I I I $40,000.00 I $40,000.00 I I i I I I I I I I 1 $40,000.00 1 I I I I I I I 1 1 I I I I I I I I i I I $0.00 1 I I i i t I i I I I I I I I I 11 I I I I $0.00 1 I I i I I I I I I I $0.00 1 I i I I I i I I I I 50.00 I I I I I I I I I 1 I I I i I I I I I I I I I I I 1 I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I i I I I I I I 1 I i I I I I 1 i I I I i t I I I I I I I I I I I I ($144.00)1 1 I I I I I I I I ($129.60) 1 I I I I I I I I ($7.20) 1 I I I I I 1 I I I 1 I i I I I I ($7.20) 1 I I NET CHANGE THIS PAGE 1 EXPLAtIAT1ON. I-----------3333--I----3333--I I ----------1-------------13333--i -I I NET CHANGE FROM I----------------3333-- PAGE 1 $0.00 1 1 1 I CARRIED FORWARD I--------3333 TO PAGE -1- 1 I I------------- ($144.00)1 1 I ---------------- ($129.60) 1 ($7.20) 1 ($7.20) 1 I Cas CHANGE ORDER NO. 1 & FINAL Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 PROJECT: Elizabeth Field - Fishers Island Airport Runway 7-25 and 12-30 Overlay FAA-AIP No. 3-36-0028-08-93 N.Y.S.D.O.T. No. 0913.08 CONTRACTOR: Bourgeois & Shaw, Inc. FILE: 211.006 DATE: December 13, 1994 EXPLANATION OF INCREASES AND DECREASES: P-503 (9) Crack Sealing (-157.00 Lf.) -07.12% P-620 (12) Runway and Taxiway Painting (+ 1.101.00 s.f.) + 03.34% P-625 (13) Sand Slurry Coal -Tar Pitch Emulsion Sealcoat (-464.55 s.y.) -01.87% T-906 (14) Beachgrass (-90.00 s.y.) -02.65% D-712 (16) Rip -Rap Berm (- 4.00 l.f.) -01.43% L-108 (18) No. 8 AWG 6000V T -C S/C UC in Trench/Duct (-273.00 Lf.) -07.88% L-110 (2 1) 2 -in Dia Rigid Steel Conduit (-21.00 l.f.) -05.83% The increases and decreases in the above items are a result of the original quantities being estimates whereas the final quantities are based on actual field measurements. For increases and decreases in excess of 10%, please refer to the following explanations. P-153 (2) Cold Milling Existing Pavement - 15.54% Bid Quantity: 17,500.00 s.y. Final Quantity: 14,779.98 s.y. - 2,720.02 s.y. The decrease in quantity of this item is a result of the existing pavement not requiring as much milling as anticipated, as determined by the Resident Engineer during construction. P-400 (3) Preparation of Existing Pavement Type I -53.98% Bid Quantity: 7,000.00 s.y. Final Quantity: 3,222.21 s.y. - 3,778.79 s.y. The decrease in quantity of this item is a direct result of Addendum No. 1 which increased the quantity of cold milling by 4,500.00 s.y., but did not provide for the decrease in the amount of Type I Pavement Preparation Type I that resulted from this change. CHANGE ORDER NO. I & FINAL, 211.006 Page 2 December 13, 1994 P-409 (5) Bituminous Concrete Type 6F Top - 11.54% Bid Quantity: 7,060.00 tons Final Quantity: 6,245.33 tons - 814.67 tons The decrease in quantity of this item is a result of the wearing course thickness not exceeding the design thickness specified on the plans and the original bid quantity containing additional quantity for the allowable tolerance in the specifications. P-409 (6) True and Level Course -36.88% Bid Quantity: 5,190.00 tons Final Quantity: 3,275.93 tons - 1,914.07 tons The decrease in quantity of this item is a result of the elevation of the top of the true and leveling course being lower than the proposed elevation, but within the allowable specified tolerance. P-502 (7) Full Depth PCC Pavement Repair + 10.23% Bid Quantity: 285.00 s.y. Final Quantity: 314.25 s.y. + 29.15 s.y. The increase in quantity of this item is due to encountering additional distressed pavement during construction that required full depth repair as a result of the severe winter weather experienced in this area. P-503 (8) Joint Resealing (PCC,) -23.38% Bid Quantity: 10,350.00 I.f. Final Quantity: 7,930.00 I.f. - 2,420.00 I.f. The decrease in quantity of this item is the result of a mathematical error made in the computation of the estimated quantity provided for in the canvass of bids. P-603 (10) Bituminous Tack Coat -24.89% Bid Quantity: 3,785.00 gals Final Quantity: 2,843.08 gals - 941.92 gals The decrease in quantity of this item is a result of the Resident Engineer ordering the tack applied at the minimum application rate of 0.05 gals/s.y. after a visual inspection of the area to be overlaid, and the quantity for canvass of bids being computed at the maximum rate of 0. 15 gals/s.y. CHANGE ORDER NO. 1 & FINAL, 211.006 Page 3 December 13, 1994 D-710 (15) Stabilization Fabric -24.90% Bid Quantity: 3,675.00 s.f. Final Quantity: 2,760.00 s.f. - 915.00 s.f. The decrease in quantity of this item is the result of a mathematical error made in the computation of the estimated quantity provided for in the canvass of bids. L-108 (17) Cable Trenching for the Installation of Underground Cable - 11.14% Bid Quantity: 790.00 11. Final Quantity: 702.00 l.f. - 88.00 l.f. L-108 (19) No. 8 AWG 5KV Type C Single Conductor Underground Cable -29.27% installed in Trench or Duct Bid Quantity: 410.00 l.f. Final Quantity: 290.00 l.f. - 120.00 I.f. The decrease in quantity of the above items is a result of the contractor utilizing a more direct route for the installation of airport lighting cable than indicated on the Contract Plans. L-108_(20) No. 8 AWG Bare Copper Counterpoise Wire installed in Trench + 22.41% including Grounding Rods & Exothermic Connections Bid Quantity: 790.00 I.f. Final Quantity: 967.00 I.f. + 177.00 I.f. The increase in quantity of this item is a result of encountering a duct bank with no existing counterpoise wire, necessitating the installation of additional wire to complete the work of this project. To: Ms. Judith Terry Town Clerk Town of Southold Town Hall 53095 Main Road, PO Box 1179 Southold, NY 11971 Attention: Enclosed please find the following: Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 Re: Fishers Island -Elizabeth Field RW 7-25 & 12-30 Overlay (Const) FAA AIP No. 3-36-0029-08-93 NYS PIN 0913.08 File: 211.006.003 Date: December 29, 1994 RECEIM JAN 4 1995 Town Clerk Soutlold Two copies of Partial Payment Request No. FIVE (Form 271) with attached backup documentation for your review and direct deposit withdrawal. Five copies of Partial Payment Request No. FOUR (Form FIN -190) with attached backup documentation for your review and appropriate signature. Remarks: Please have Mr. Wickham sign four copies of Form FIN -190 (both pages), and return them to me for distribution. Keep one copy with attached backup documentation for your files. One copy of the "Request for Funds" page should be dated and mailed to Jamaica as indicated when the electronic withdrawal has been completed. I will also need a copy if I am to do the quarterly report required by the FAA. If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. X11 R Theresa M. Hopkins Grants Administrator Enclosures REQUEST FOR FUNDS FISHERS ISLAND AIRPORT - ELIZABETH FIELD SOUTHOLD, NY To: DOT/FAA Fitzgerald Federal Building JFK International Airport Jamaica, New York 11430 Attn: AEA -25B Bernice Beckford Date of Withdrawal: Drawdowns: Letter of Credit No. 69002-082 Contract Number FA EA Number Amount 3-36-0029408-93 FA EA 93-249 $ 80,101 Contact Person: John Cushman Phone: (516)765-4333 cc: Theresa M. Hopkins lvz9/9a rim 0U_zD klw ii) siaiG ur nne lurk it.omptroiler s 1 1 AC 5,133 ' DEPARTMENT OF TRANSPOR::ATION (Number I K-550491 Approved State MUNICIPAL CORPORATION APPLICATION FOR PAYMENT (Certificate I I Comptroller !Number I FOUR --------------------------------------------------------------------------------------------------------------------------------------I (PAYEE (Name,Address and Zip Code) I - FINANCIAL STATEMENT ITOWN OF SOUTHOLD (COST OF WORK PERFORMED TO DATE: 12/13/94 ! (TOWN HALL, 53095 MAIN ROAD I I IP.O. BOX 1179 1 1. Total Expended 81,327,444.35 1 ISOUTHOLD, NY 11971 1 2. Less non -participating 80.00 1 1-------------------------------------------------------------------1 3. Eligible Cost 81,327,444.35 1 IPayee-Employer Identification No. I Org. Code 1 4. Less Federal Share 81,194,699.92 1 1 11-6003307 1 B00 1 5. Project Cost 8132,744.43 1 -------------------------------------------------------------------1 6. 95% of Project Cost 8126,107.21 1 I GRANT AGREEMENT 1 7. State Share at 50% 863,053.61 1 (State Number 0913.08 Max. State Amt. 878,273 1 8. Total prior requests 858,875.45 1 (Federal Number 3-36-0029-08-93 Max. Fed. Amt. 81,408,908 1 9. Amount requested 84,178.16 1 1-------------------------------------------------------------------------------------------------------------------------------------� I In accordance with the provisions of the Grant Agreement, the Municipal Corporation applies for payment as follows: I I-------------------------------------------------------------------------------------------------------------------------------------I I I A I B I C I D I E I F I G I ! I ELIGIBLE I FEDERAL I PROJECT I PRIOR I CURRENT 1 95% OF I STATE FUNDS 1 ! DESCRIPTION I COST I SHARE I COST I PROJECT I PROJECT I CURRENT I REQUESTED I I I INCURRED I I (A -B) 1 COSTS I COSTS (C -D) I COSTS* 1 (50% OF F)* I I------------------- I --------------- I --------------- I --------------- I --------------- I --------------- I --------------- I ----------------- I I EQUIPMENT 1 80.00 1 80.00 1 80.00 1 80.00 1 80.00 1 80.00 1 80.00 I I------------------- I --------------- I --------------- I --------------- I --------------- I --------------- I --------------- I ----------------- I I LAND 1 $0.00 1 80.00 1 $0.00 1 80.00 1 80.00 1 $0.00 1 $0.00 1 I------------------- I --------------- I --------------- I --------------- I --------------- I --------------- I --------------- I ----------------- I I CONSTRUCTION 1 81,228,424.08 1 81,105,581.67 1 8122,842.41 1 8114,691.10 1 88,151.31 1 87,743.74 1 83,871.87 1 I------------------- I --------------- I --------------- I --------------- I --------------- I --------------- I --------------- I ----------------- I I ENGINEERING 1 898,753.63 1 888,878.27 1 89,875.36 1 89,230.55 1 8644.81 1 8612.57 1 8306.29 1 I------------------- I --------------- I --------------- I --------------- I --------------- I --------------- I --------------- I ----------------- I I OTHER 1 80.00 1 80.00 1 80.00 1 80.00 1 80.00 1 80.00 1 80.00 1 I -------------------I--------------- I --------------- I --------------- I --------------- I --------------- I --------------- I ----------------- I I I 80.00 1 80.00 1 80.00 1 80.00 1 80.00 1 80.00 1 80.00 1 I -------------------I--------------- I --------------- I --------------- I --------------- I --------------- I --------------- I ----------------- I I ADMINISTRATION 1 8266.64 1 8239.98 1 826.66 1 826.66 1 80.00 1 80.00 1 80.00 1 ! ------------------- I --------------- I --------------- I --------------- I --------------- I --------------- I --------------- I ----------------- I TOTALS 1 81,327,444.35 1 81,194,699.92 1 8132,744.43 1 8123,948.31 1 88,796.12 1 88,356.31 1 84,178.16 1 i-------------------------------------------------------------------------------------------------------------------------------------I 1 *DO NOT USE COLUMN F WHEN REQUESTING FINAL PAYMENT FOR THE PROJECT 1 I-------------------------------------------------------------------------------------------------------------------------------------I I CERTIFICATION OF MUNICIPAL CORPORATION I II certify that according to my knowledge and belief all items aamounts shown on the face of this application for payment are I !correct, all work has been performed and or all materials supp 'ed; that the contractors who have performed work on this project I (have complied with all of the provisions of Section 220 oft New Yorktate Labor Law and that affidavits to that effect covering I Ithe payroll period through 12/13/94 are in fi a in my o ice; h the foregoing is a true and correct statement I lof the project account up to and including the last day of he period cover b this application. I I I (Date: Signature: k' Title: TOWN SUPERVISOR I I-------------------------------------------------------------------------------------------------------------------------------------1 INEW YORK STATE USE Deduct Ineligible Items per Schedule Attached -$ I I Approved Amount 8 I I--------------------------------------------------------------------- !AVIATION DIVISION CERTIFICATION - DEPT. OF TRANSPORTATION (APPROVED AS TO FUNDS AVAILABLE I !To the best of my knowledge and belief, this claim is correct and (AUDITS & ACCOUNTS BUREAU - DEPT. OF TRANSPORTATION I (just, and is approved for payment I I (Date By (Date By I I-------------------------------------------------------------------------------------------------------------------------------------I I I PROJECT NUMBER I REQUEST I PAYMENT I (Dept. of Transp. (State !Number (Interim I !Voucher Number (Federal (Date ISemi-final Final I I i FIN 1,90-2b (10/7i) STATE OF NEW YORY.- , i (Comptroller's Ik I AC :;U33 DEPARTMENT OF TRANSPORTATION (Number I K-550491 I I--------------- I -----------------I Approved State MUNICIPAL CORPORATION APPLICATION FOR PAYMENT (Certificate I I Comptroller (Number I FOUR I --------------------------------------------------------------------------------------------------------------------------------------I (PAYEE (Name,Address and Zip Code) I FINANCIAL STATEMENT I ITOWN OF SOUTHOLD ICOST OF WORK PERFORMED TO DATE: 12/13/94 I (TOWN HALL, 53095 MAIN ROAD I 1 IP.O. BOX 1179 1 1. Total Expended $1,327,444.35 1 ISOUTHOLD, NY 11971 1 2. Less non -participating $0.00 1 1-------------------------------------------------------------------1 3. Eligible Cost $1,327,444.35 1 (Payee -Employer Identification No. I Org. Code 1 4. Less Federal Share $1,194,699.92 1 1 11-6003307 1 B00 1 5. Project Cost $132,744.43 1 -------------------------------------------------------------------1 6. 95% of Project Cost $126,107.21 1 I GRANT AGREEMENT 1 7. State Share at 50% $63,053.61 ! (State Number 0913.08 Max. State Amt. $78,273 1 B. Total prior requests $58,875.45 1 (Federal Number 3-36-0029-08-93 Max. Fed. Amt. $1,408,908 1 9. Amount requested $4,178.16 1 1--------------------------------------------------------------------------------------------------------------------------------------I I In accordance with the provisions of the Grant Agreement, the Municipal Corporation applies for payment as follows: I I-------------------------------------------------------------------------------------------------------------------------------------I I I A I B I C I D I E I F I G I I I ELIGIBLE I FEDERAL I PROJECT I PRIOR I CURRENT 1 95% OF I STATE FUNDS I I DESCRIPTION I COST I SHARE I COST I PROJECT I PROJECT I CURRENT I REQUESTED I I I INCURRED I I (A -B) I COSTS I COSTS (C -D) I COSTS* 1 (50% OF F)* I i------------------- I --------------- I --------------- I --------------- I --------------- I --------------- I --------------- I ----------------- I I EQUIPMENT 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 1-------------------I---------------I---------------I---------------I---------------I---------------I---------------I-----------------I I LAND 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 1-------------------I---------------I---------------I---------------I---------------I---------------I---------------I-----------------I I CONSTRUCTION 1 $1,228,424.08 1 $1,105,581.67 1 $122,842.41 1 $114,691.10 1 $8,151.31 1 $7,743.74 1 $3,871.87 1 1-------------------I---------------i---------------I---------------I---------------I---------------I---------------I-----------------I I ENGINEERING 1 $98,753.63 1 $88,878.27 1 $9,875.36 1 $9,230.55 1 $644.81 1 $612.57 1 $306.29 1 1 ------------------- I --------------- I --------------- I --------------- I --------------- I --------------- I ---------------- I ----------------- I I OTHER 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 I------------------- I --------------- I --------------- I --------------- I --------------- I --------------- I --------------- I ----------------- I I 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 1-------------------I---------------I---------------I---------------I---------------I---------------I---------------I-----------------I I ADMINISTRATION 1 $266.64 1 $239.98 1 $26.66 1 $26.66 1 $0.00 1 $0.00 1 $0.00 1 1 ------------------- I --------------- I --------------- I --------------- I --------------- I --------------- I --------------- I ------------------ I I TOTALS 1 $1,327,444.35 1 $1,194,699.92 1 $132,744.43 1 $123,948.31 1 $8,796.12 1 $8,356.31 1 $4,178.16 1 ---------------------------------------------------------------------------------------------------------------------------------•----I I *DO NOT USE COLUMN F WHEN REQUESTING FINAL PAYMENT FOR THE PROJECT I I----------------------------------------------------------------------------------------------------------------------------------•---I I CERTIFICATION OZMIN AL CORPORATION I lI certify that according to my knowledge and belief all iteounts shown on the face of this application for payment are I [correct, all work has been performed and or all materials sthat the contractors who have performed work on this project I (have complied with all of the provisions of Section 220 of ork Sta a LaboLaw and that affidavits to that effect covering I Ithe payroll period through 12/13/94 are in foffic ; that h foregoing is a true and correct statement I lof the project account up to and including the last day ofd co red application. I I I (Date: Signature: Title: TOWN SUPERVISOR I I-------------------------------------------------------------------------------------------------------------------------------------I INEW YORK STATE USE Deduct Ineligible Items per Schedule Attached -$ _ I I Approved Amount $ _ I -------------------------------------------------------------------------------------------------------------------------------------I (AVIATION DIVISION CERTIFICATION - DEPT. OF TRANSPORTATION (APPROVED AS TO FUNDS AVAILABLE I ITo the best of my knowledge and belief, this claim is correct and (AUDITS & ACCOUNTS BUREAU - DEPT. OF TRANSPORTATION I Ijust, and is approved for payment I I (Date By (Date By _ I -------------------------------------------------------------------------------------------------------------------------------------1 I I PROJECT NUMBER I REQUEST I PAYMENT I (Dept. of Transp. (State (Number !Interim I (Voucher Number (Federal (Date (Semi-final Final I I I I D.O.T. I I I I ENCUMBRANCE LIQUIDATION I I PROJECT IDENT. NO. I I I ACCOUNT i EXPENDED ICHAR I OBJ.1----------------- I ----------------- I I -------------------------- I S I I NUMBER I AMOUNT I I I CONTRACT I AMOUNT I FUNCTION I MAJOR I SUB I U I I I I I I NUMBER I I I I I F I I------------------------ I ----------------- I ----- I ----- I ----------------- I ----------------- I ---------- I ----------------- I --------I ---I 113 21122 31132 33134 35136 41142 51155 58160 1 65166 68169701 1------------------------I-----------------I-----I-----I------------------I-----------------I----------I-----------I-----I--------I----I I ' ' ' ' ' ' ' ' I 1 I I I ' ' ' ' ' I 1 1 1701 1 ' ' ' I I ' ' I ' I I------------------------I-----------------I-----I-----I-----------------I----------------- I ---------- I-----------l-----I--------I ---I I ' ' ' ' ' ' ' ' I I I I I ' ' ' ' ' I 1 1 1701 ! ' ' ' I I ' ' I ' I I------------------------ I----------------- I-----I-----I----------------- 1----------------- I ---------- 1 ----------- I-----I--------I----I I ' ' ' ' ' ' ' ' I 1 I I I ' ' ' ' ' I 1 1 1701 1 ' ' ' I I I I I------------------------i-----------------I-----I-----I-----------------I----------------- I ---------- I-----------I-----I--------I----I I ' ' ' ' ' ' ' ' I I ' ' ' ' ' I 1 1 1701 1 ' ' ' I I I I I------------------------I-----------------I-----I-----I-----------------I----------------- I ---------- I-----------I-----I--------I ----I I ' ' ' ' ' 1 0 1 I 1 I I I 1 1 1 1 I 1 1 1701 1 ' ' ' I I ' ' I I w I Account Number ............. Invoice, 410056 . , , Date.. ,OCT.. 14 .. 19 94 ........ TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: .......... 13-5318940 ,,,,,,,,,,,,, C S Engineers r Inc. . , .. , Payee Reference: Address: 211.006 CONTRACT NO. 003 1020 Seventh North St ...................................... Phone No. (....)....................... Liverpool NY 13088 Vendor Contact Cash Discount ..................% .........Days.................................... Item No. Description of Material/Service Quantity Unit Price Amount RE: R/W 7-25 & 12-30 OVERLAY INSPECTION SERVICES IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED SEPTEMBER 1993 FOR ENGINEERING SERVICES PERFORMED FROM AUGUST 6 1994 THROUGH SEPTEMBER 30 1994. 2,538.43 LESS: 5% RETAINAGE 126.92 $ 2,411.51 Total 2.411.51 Discount Net $ 2,411.51 The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing C&S Engineersjj,��, Inc. Dated ...... OCTOBER 14., .......... ,19 94.. 9 Si ature t TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 ATTN: PHIL KNAUFF FISHER ISLAND AIRPORT R/W 7-25 & 12-30 AIRPORT INSPECTION SERVICES FOR PROFESSIONAL SERVICES RENDERED FROM 08/05/94 THROUGH 09/30/94 ANALYSIS OF COST DIRECT SALARIES OVERHEAD % 145.00 TOTAL REGULAR LABOR EXPENSE PREMIUM LABOR COST TOTAL DIRECT PERSONNEL OTHER DIRECT CHARGES TOTAL COSTS FIXED FEE 159 TOTAL THIS INVOICE LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE 1 Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE: 10/14/94 INVOICE #: 410056 PROJECT #: 211.006.003 CLIENT REF: EST. COST: 115,697.00 FIXED FEE: 15,213.00 TOTAL 130,910.00 WJ-5, THIS INVOICE 900.95 _----1,306_38- 2,207.33 .00 -------------- 2,207.33 .00 -------------- 2,207.33 331.10-------------- ,? 27b� 2 2,538.43 126 } _ -------------- 2,411.51 CONTACT PERSON: MICHAEL J. WALKER, BUSINESS MANAGER TELEPHONE: (315) 457-6711 EXT. NO. 301 TOWN OF SOUTHOLD TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 S A L A R Y & E X P E N S E D E T A I L SALARIES BASED ON MULTIPLIER z . [ Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE: 10/14/94 INVOICE #: 410056 PROJECT #: 211.006.003 CLIENT REF: -------- ---------- 41.50 ** Total Project 211.006.003 AMOUNT 556.60 140.00 82.00 71.20 24.40 26.75 900.95 900.95 HOURS RATE PRET SENIOR PROJECT ENGINEER CLARK, BRUCE 23.00 24.2000 INSPECTION SUPERVISOR CERRETANI, LAWRENCE 5.00 28.0000 SR.INSPECTOR WILDS, KAREN D. 5.00 16.4000 GRANTS ADMINISTRATOR FARLEY, SHEILA M. 4.00 17.8000 HOPKINS, THERESA M. 2.00 12.2000 TECHNICAL TYPIST BAXTER, CYNTHIA A. 2.50 10.7000 -------- ---------- 41.50 ** Total Project 211.006.003 AMOUNT 556.60 140.00 82.00 71.20 24.40 26.75 900.95 900.95 Account Number ............. Invoice #..411D.S9 .... Date ... NOVEMBER. If.199.4......... f!/� TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: 13-5318940 .................................... CSS Engineers t Inc. Payee Reference: Address: ............................ 1020 Seventh North St ............ Phone No. (....)....................... ...Liverpool.,_ NY. , 1.3088. , . , Vendor Contact Cash Discount ..................% .........Days.................................... Item No. Description of Material/Service Quantity Unit Price Amount FTLF# 211-006 CONTRACT NO, 003 RE: RZW 7-2S & 12-30 OVERLAY, INSPECTION IN ACCORDANCE WITH NT DA ED SEPTEMBER 8 1993 FOR ENGINEERING SERVICES PERFORMED FROM OCTOBER 1 1994 THROUGH NOVE BER 4 1994. 5 LESS: So RETAINAGE 267.2 Total $ 5,077.3( Discount Net 5,077.3 The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing C$S Engineers, Inc. Dated....NOVEMBER 16, .............1994.. %.� Wa ....... Signature 1 TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 ATTN PHIL KNAUFF FISHER ISLAND AIRPORT R/W 7-25 & 12-30 OVERLAY INSPECTION SERVICES FOR PROFESSIONAL SERVICES RENDERED FROM 10/01/94 THROUGH 11/04/94 ANALYSIS OF COST DIRECT SALARIES OVERHEAD % 145.00 TOTAL REGULAR LABOR EXPENSE PREMIUM LABOR COST TOTAL DIRECT PERSONNEL OTHER DIRECT CHARGES TOTAL COSTS FIXED FEE 15% TOTAL THIS INVOICE LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE cas Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE: 11/16/94 INVOICE #: 411059 PROJECT #: 211.006.003 CLIENT REF: EST. COST: 115,697.00 FIXED FEE: 15,213.00 TOTAL : 130,910.00 THIS INVOICE 1,809.90 2,624.36 4,434.26 .00 4,434.26 213.21 4,647.47 697 ------- _12 - 5,344.59 267.23 5,077.36 2l CONTACT PERSON: MICHAEL J. WALKER, BUSINESS MANAGER TELEPHONE: (315) 457-6711 EXT. NO. 301 FISHERS ISLAND AIRPORT - ELIZABETH FIELD RUNWAY 7-25 & 12-30 OVERLAY (Construction) SOUTHOLD, NY F.A.A. AIP PROJECT NO. 3-36-0029-08-93 N.Y.S.D.O.T. PROJECT NO. 0913.08 r V SUMMARY OF STATE ELIGIBLE PROJECT COSTS PROGRAM NO. 1 --------------------------------------------- 12/29/94 211.006.003 ESTIMATED TOTAL COST ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE FEDERAL ELIGIBLE STATE ELIGIBLE STATE ELIGIBLE PARTICIPATING a. EQUIPMENT ...................................... $0.00 $0.00 $0.00 $0.00 b. LAND ........................................... $0.00 $0.00 $0.00 $0.00 c. CONSTRUCTION ................................... $1,429,543.10 $1,429,543.10 $1,228,424.08 $0.00 d. ENGINEERING .................................... $130,910.00 $111,085.00 $98,753.63 $0.00 e. OTHER .......................................... $2,000.00 $2,000.00 $0.00 $0.00 f. ADMINISTRATION ................................. $3,000.00 $3,000.00 $266.64 $0.00 -------------------------------------------------------------------------------------------------------------------------------------- TOTAL STATE COSTS $1,565,453.10 $1,545,628.10 $1,327,444.35 $0.00 WORK PERFORMED TO: 12/13/94 W 4 FISHERS ISLAND AIRPORT - ELIZABETH FIELD 12/29/94 RUNWAY 7-25 A 12-30 OVERLAY (Construction) -------- SOUTHOLD, NY 211.006.003 CONSTRUCTION AND PROJECT IMPROVEMENT ANALYSIS PROGRAM NO. 1 ----------------------------------------------- indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: $1,228,424.08 $1,228,424.08 $0.00 RETAINAGE TO DATE: $0.00 $0.00 SUBTOTAL: $1,228,424.08 $1,228,424.08 NON- DATE FEDERAL ELIGIBLE STATE ELIGIBLE PARTICIPATING * 05/25/94 $489,568.14 5489,568.14 $0.00 * 06/30/94 $621,698.85 $621,698.85 $0.00 * 09/08/94 $35,644.00 $35,644.00 $0.00 12/13/94 $81,513.09 $81,513.09 $0.00 PR04ECT: ELIZABETH FIELD - FISHERS ISLANDAIRPO�,T FILE: 211.006 RUNWAY 7-25 & 12-30 OVERLAY r FAA-AIP NO. 3-36-0029-08-93 '� T ? `� " DATE: 12/13/94 N.Y.S.D.O.T. NO. 0913.08 ESTIMATE NO 4th & Final TO THE TOWN OF SOUTHOLD: Pursuant to the terms of the Contract, dated September 7, 1993, by and between the Town of Southold and Bourgeois & Shaw, Inc., contractor for the construction of the Eliabeth Field -Fisher's Island Airport Runway 7-25 & 12-30 Overlay (FAA-AIP No. 3-36-0029-08-93, NYSDOT No. 0913.08), we hereby submit the Fourth and Final Estimate, for work completed through October 25, 1994: ITEM NO. DESCRIPTION ORIGINAL QUANTITY UNIT UNIT PRICE QUANTITY TO DATE TOTAL$ TO DATE Alternate No.1 P-152 1. Common Excavation 100.00% L.S. $55,000.00 100.00% $55,000.00 P-153 2. Cold Milling Existing Pavement 17500.00 s.y. $2.00 14779.98 $29,559.96 P-400 3. Preparation o fExisting Pavement Type 1 7000.00 S.Y. $2.50 3221.21 $8,053.03 P-400 4. Preparation of Existing Pavement, Type II 100.00% L.S. $95,000.00 100.00% $95,000.00 P-409 5. Bituminous Concrete - Type 6F, Top 7060.00 tons $65.00 6245.33 $405,946.45 P-409 6. True and Level Course 5190.00 tons $65.00 3275.93 $212,935.45 P-502 7. Full Depth PCC Pavement Repair 285.00 s.y.l $100.00 314.15 $31,415.00 P-503 8. Joint Resealing (PCC) 10350.00 j Lf. $1.50 ; 7930.00 $11,895.001 P-503 9. Crack Sealing 2205.001 I.f. $5.001 2048.00 $10,240.00 P-603 10. Bituminous Tack Coat 3785.00 gals I $4.001 2843.08 $11,372.32 P-612 11. Field Office 100.00% L.S. $5.000.00: 100.00% $5,000.00 P-620 12. Runway & Taxiway Painting 32930.00 s.f. $0.751 34031.00 $25,523.25 P-625 13. Sand Slurry Coal -Tar Pitch Emulsion Sealcoat 24780.00 s.y. $1.27 i 24315.45 $30,880.62 T-906 14. Beachgrass 3400.00 s.y. $5.101 3310.00 $16,881.00 D-710 15. Stablization Fabric 3675.00 s.f. $2.001 2760.00 $5,520.00 D-71216. Rip -Rap Berm 280.00 I.f. $35.001 276.00 $9,660.00 L-108 17. Cable Trenching for the Installation of , Underground Cable 790.00 Lf. $5.001 702.00 $3,510.0011 L-108 18. No. 8 AWG, 600V, Type C Single Conductor Unerground Cable Installed in Trench/Duct 3465.00 Lf. $3.001 3192.00 $9,576.00 L-108 19? No. 8 AWG, 5KV, Type C Single Conductor I Unerground Cable Installed in Trench/Duct 410.00 I.f. $3.001 290.00 $870.00) L-108 20. No. 8 AWG, Bare Copper Counterpoise Wire Installed in Trench Including Grounding Rods II and Exothermic Connections 790.00 I.f. i $3.001 967.00 $2,901.00 L-110 21. 2 -inch Diameter Rigid Steel Conduit 360.00 Lf. I $15.00 339.00 $5,085.00 L-125 22. Guidance Sign, 4 Characters, Base Mounted, in place 4.00 each $6,000.001 4.00 $24,000.00 L-125 23. Modification of Existing Runway Threshold ' Lights 16.00 each $600.00 16.00 $9,600.001 M-100 24. Maintenance & Protection of Traffic 100.00% L.S. $55,000.00 100.00% $55,000.00 M-150 25. Project Survey & Stakeout 100.00% L.S. $113,000.00 100.00% $113,000.001 M-200 26. Mobilization 100.00%. L.S. $40,000.0011 100.00% $40,000.00; i STATEMENT OF DAYS CHARGED Total Amount of Work Done to Date -------- $1,228,424.08 Less 0% Retained ----------------- $0.00 50 TOTAL CONTRACT DAYS Amount Recommended for Payment, $1,228,424.08 44 LESS DAYS CHARGED Previous Estimates - - - - - - - - - - - - - -- $1,146,910.99 6 TOTAL DAYS REMAINING AMOUNT DUE CONTRACTOR, ESTIMATE #4&F - - $81,513.09 BOURGEOIS & SHAW, INC. /� / �' C&S ENGINEERS, INC. BY: TITLE: a I I'W 36 �m.rteco� �ac1aC c r ! �!,IPXr'ol'd 17y W. Wagner, DATE: \_ 2 - Z l , ¢ �� QJ'Division Manager FISHERS ISLAND AIRPORT - ELIZABETH FIELD 12/29/94 RUNWAY 7-25 & 12-30 OVERLAY (Construction) -------- SOUTHOLD, NY 211.006.003 ADMINISTRATIVE EXPENSE ANALYSIS PROGRAM NO. 1 ----------------------------------- Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: $266.64 $266.64 $0.00 FEDERAL STATE NON- DATE ELIGIBLE ELIGIBLE PARTICIPATING * 05/24/94 $126.48 $126.48 $0.00 * 05/31/94 $140.16 $140.16 $0.00 CBS Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 TOWN OF SOUTHOLD INV. DATE: 11/16/94 TOWN OF SOUTHOLD INVOICE #: 411059 FISHERS ISLAND FERRY DISTRICT PROJECT #: 211.006.003 FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 CLIENT REF: SALARY & EXPENSE DETAIL SALARIES BASED ON MULTIPLIER HOURS RATE PREM AMOUNT SENIOR PROJECT ENGINEER CLARK, BRUCE 20.00 24.2000 484.00 INSPECTION SUPERVISOR CERRETANI, LAWRENCE 4.00 28.0000 112.00 SENIOR INSPECTOR FEHRMAN, GREGORY J. 64.00 18.8000 1,203.20 TECHNICAL TYPIST BAXTER, CYNTHIA A. 1.00 10.7000 10.70 -------- 89.00 ---------- ---------- 1,809.90 OTHER EXPENSES COST/QTY RATE AMOUNT MILEAGE C&S MILEAGE 213.21 1.0000 213.21 ------------ 213.21 ** Total Project 211.006.003 2,023.11 FISHERS ISLAND AIRPORT - ELIZABETH FIELD 12/29/94 RUNWAY 7-25 & 12-30 OVERLA7 (Construction) -------- SOUTHOLD, NY 211.006.003 PROJECT .INSPECTION FEES ANALYSIS PROGRAM NO. 1 ---------7---------------------- * Indicates previous submittal FEDERAL STATE NON- SUNNARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: $110,430.00 598,753.63 $0.00 RETAINAGE TO DATE: $5,825.26 SUBTOTAL: $116,255.26 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING * 11/24/93 55,358.68 $4,734.61 $0.00 * 01/21/94 $576.30 $475.41 $0.00 * 02/17/94 $934.95 $803.39 $0.00 * 03/14/94 $742.23 $637.79 $0.00 * 04/14/94 $7,614.34 56,581.80 $0.00 * 04/28/94 $14,702.73 $12,953.23 $0.00 * 05/25/94 $23,576.93 $20,608.99 $0.00 * 06/22/94 $33,860.29 $30,831.82 $0.00 * 07/21/94 $12,754.90 $12,160.12 $0.00 * 08/12/94 $2,819.69 $2,518.30 $0.00 10/14/94 $2,411.51 $2,072.19 $0.00 11/16/94 $5,077.36 $4,375.98 $0.00 Approved by Office of Management and PAGE OUTLAY REPORT AND REQUEST FOR REIMBURSE- Budget No. 80-R0181 I 1 OF 1 PAGES TYPE OF REQUEST z. BASIS OF REQUEST 0 FINAL ® PARTIAL. ® CASH 0 AMIKJ L REGIUEXF NO. MENT FOR CONSTRUCTION PROGRAMS t. & FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT TO 4. WHICH THIS REPORT IS SUBMITTED FEDERAL GRAFIT OR OTHER 5. FAHI IAL PAYMENT IDENTIFYING NUMBER ASSIGNED BY FEDERAL AGENCY FIVE Federal Aviation Administration - N.Y.A.D.O. 3-36-0029-08-83 s. EMPLOYER IDEN TIFICATM NO. 11-6003307 7. RECIPIENT ACCOUNT OR OTHER WENTIFYM NUMBER N/A PERIOD COVERED BY THIS REPORT FROM (Month, day, Year) 918M rTO (IIonth, d r.Y-) 12113M 0. RECIPIENT ORGANIZATION to. PAYEE (Www ohaat should be sent M d0brant Min Rom e) Memo. TOWN OF SOUTH= Name: TOWN HALL, 53095 MAIN ROAD. No. and P.O. BOX 1179 street:SOUTHOLD, NY 11971 orr rm PON', Ann Atte Ho. and i sa..c t City, �y k r �► I,...` State and saa V ZIP Code121100ode., 11. STATUS OF FUNDS PROGRAMS - FUNCTIONS - ACTIVITIES A) RUNWAY 7-25 A 12- (d) CLASSIFICATION TOTAL OVERLAY (Constructs ) a. Administrative expense $266.64 $0.00 $0.00 $266.64 b. Preliminary expense $0.00 $0.00 $0.00 $0.00 c. Land, structures, right-of-way $0.00 $0.00 $0.00 $0.00 d. Architectural engineering basic fees $0.00 $0.00 $0.00 $0.00- e. Other architectural engineering fees $0.00 $0.00 $0.00 $0.00 I. Project inspection fees $110,430.00 $0.00 $0.00 $110,430.00 g. Land development $0.00 $0.00 $0.00 $0.00 h. Relocation expense $0.00 $0'00 $0.00 $0'00 i. Relocation payments to individuals and businesses $0.00 $0.00 $0.00 $0.00 J. Demolition and removal $0.00 $0.00 $0.00 $0.00 k. Construction and project Improvement cost $1,228,424.08 $0.00 $0.00 $1,228,424.08 I. Equipment $0.00 $0.00 $0.00 $0.00 m. Miscellaneous cost $0.00 $0.00 $0.00 $0.00 n. Total cumulative to date (sum of lines a thru m) $1,339,120.72 $0.00 $0.00 $1,339,120.72 o. Deductions for program Income $0'00 p. Net cumulative to date (Line n minus line o) $1,339,120.72 $0.00 $0.00 $1,339,120.72 q. Federal share to date $1,205,208.65 $0.00 $0.00 $1,205,208.65 r. Rehabilitation grants (100% reim- bursement) s. Total Federal share (sum of lines q and r) $1,205,208.65 $0.00 $0.00 $1,205,208.65 t. Federal payments previously re- quested $1,125,106.88 $0.00 $0.00 $1,125,107 u. Amount requested for reimbursement $80,101.77 50.00 $0.001 $80,101 v. Percent of physical completion of orolect 85.5% 85.5 I DATE REPORT SUBMITTED 12. CERTIFICATION OFFICIAL. I certify that to the best of my knowledge and belief the billed costs or disburse- ments are in accordance with the terms of the project and that the reimbursement a. RECIPIENT TYPED OR PRINTED NAME7iND TITLE THOMAS H. WICKHAM TOWN SUPERVISOR TELEPHONE NO. (516) 765-1800 represents the Federal share due which has not been previously requested and SIGNATt RE OF AUTHORIZED CE IFYIN DATE REPORT SUBMfTTED that an inspection has been performed and all work is in accordance with the b. Representative QFFICA j (� terms of the award. certifying to line 11v, 0 PRINTED NAME IkNDTITLE TE NO. C&S ENGINEERS INC. THERESA M. HOPIGNS (315) 455-2000 GRANTS ADMINISTRATOR 271-102 o,,.www �"`�""' �_,_P Preeoribed by OfNoe of Management and Budget Or. No. A-110 +�r FISHERS ISLAND AIRPORT - ELIZABETH FIELD 12/29/94 RUNWAY 7-25 & 12-30 OVERLAY (Construction) -------- SOUTHOLD, NY 211.006.003 CONSTRUCTION AND PROJECT IMPROVEMENT ANALYSIS PROGRAM NO. 1 ----------------------------------------------- indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: $1,228,424.08 $1,228,424.08 $0.00 xxxxxxxxxxxxxxxxxasxxxsxsxsxxsxxxsxxxxxxxxxxxxxxxxxxxxxxxxsxxxxxxxxxxxx RETAINAGE TO DATE: $0.00 $0.00 SUBTOTAL: $1,228,424.08 $1,228,424.08 NON- DATE FEDERAL ELIGIBLE STATE ELIGIBLE PARTICIPATING * 05/25/94 $489,568.14 $489,568.14 $0.00 * 06/30/94 $621,698.85 $621,698.85 $0.00 * 09/08/94 $35,644.00 $35,644.00 $0.00 12/13/94 $81,513.09 $81,513.09 $0.00 FISHERS ISLAND AIRPORT - ELIZABETH FIELD RUNWAY 7-25 8 12-30 OVERLAY (Construction) SOUTHOLD, NY F.A.A. AIP PROJECT N0. 3-36-0029-08-93 N.Y.S.D.O.T. PROJECT NO. 0913.08 SUMMARY OF FEDERAL ELIGIBLE PROJECT COSTS PROGRAM NO. 1 ----------------------------------------------- 12/29/94 211.006.003 FEDERAL GRANT ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE AGREEMENT AMOUNTS FEDERAL ELIGIBLE FEDERAL ELIGIBLE PARTICIPATING aosassaassxsaasaxaaaasassssssss�sasa=sxa� xaaaaaxaaaxaxaaaaaaaaasoss� saaxaasssxsxssass_ sssaaaaaaaassaaassss=� axaxs� axaaaaaaaa---c. a. ADMINISTRATIVE EXPENSE ....... ................. $3,000.00 $3,000.00 $266.64 $0.00 b. PRELIMINARY EXPENSE ............................ $0.00 $0.00 $0.00 $0.00 c. LAND, STRUCTURES, RIGHT-OF-WAY ................. $0.00 $0.00 $0.00 $0.00 d. ARCHITECTURAL ENGINEERING BASIC FEES........... $0.00 $0.00 $0.00 $0.00 e. OTHER ARCHITECTURAL ENGINEERING FEES........... $0.00 $0.00 $0.00 $0.00 f. PROJECT INSPECTION FEES ........................ $130,910.00 $130,910.00 $110,430.00 $0.00 g. LAND DEVELOPMENT ............................... $0.00 $0.00 $0.00 $0.00 h. RELOCATION EXPENSE ............................. $0.00 $0.00 $0.00 $0.00 i. RELOC PAYMENTS TO INDIV AND BUSINESSES......... $0.00 $0.00 $0.00 $0.00 j. DEMOLITION AND REMOVAL ......................... $0.00 $0.00 $0.00 50.00 k. CONSTRUCTION AND PROJECT IMPROVEMENT COST...... $1,429,543.00 $1,429,543.10 $1,228,424.08 $0.00 L. EQUIPMENT ...................................... $0.00 $0.00 $0.00 $0.00 m. MISCELLANEOUS COST ............................. $2,000.00 $2,000.00 $0.00 $0.00 -------------------------------------------------------------------------------------------------------------------------------------- TOTAL FEDERAL COSTS $1,565,453.00 $1,565,453.10 $1,339,120.72 $0.00 FISHERS ISLAND AIRPORT - ELIZABETH FIELD 12/29/94 RU"Y 7-25 8 12-30 OVERLAY (Construction)-------- SOUTHOLD, NY 211.006.003 ADMINISTRATIVE EXPENSE ANALYSIS PROGRAM NO. 1 ----------------------------------- Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: $266.64 $266.64 $0.00 FEDERAL STATE NON- DATE ELIGIBLE ELIGIBLE PARTICIPATING * 05/24/94 $126.48 $126.48 $0.00 * 05/31/94 $140.16 $140.16 $0.00 FISHERS ISLAND AIRPORT - ELIZABETH FIELD 12/29/94 RUNWAY 7-25 8 12-30 OVERLAY (Construction)-------- SOUTHOLD, NY 211.006.003 PROJECT INSPECTION FEES ANALYSIS PROGRAM NO. 1 -------------------------------- * Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: $110,430.00 $98,753.63 $0.00 RETAINAGE TO DATE: $5,825.26 SUBTOTAL: $116,255.26 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING * 11/24/93 $5,358.68 $4,734.61 $0.00 * 01/21/94 $576.39 5475.41 50.00 * 02/17/94 $934.95 $803.39 $0.00 * 03/14/94 $742.23 $637.79 $0.00 * 04/14/94 $7,614.34 $6,581.80 $0.00 * 04/28/94 $14,702.73 $12,953.23 $0.00 * 05/25/94 523,576.93 520,608.99 $0.00 * 06/22/94 $33,860.29 $30,831.82 $0.00 * 07/21/94 $12,754.90 $12,160.12 $0.00 * 08/12/94 $2,819.69 $2,518.30 $0.00 10/14/94 $2,411.51 $2,072.19 $0.00 11/16/94 $5,077.36 $4,375.98 50.00 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATIO`i ALBANY, N.Y. 12232 JOHN C. EGAN COMMISSIONER Mr. Scott Harris Supervisor - Town of Southold Town Hall 53095 Main Rd. P. O. Box 1179 Southold, NY 11911 DEC 0 81994 P.EaIWD DEC 12 1994 Town Clerk Southold .,. r-10 M. CUOMO GCNERNOR RE: FISHERS ISLAND AIRPORT - SOUTHOLD PIN 0913.03 / K550227 (1990) REMOVE OBSTRUCTIONS; MAP Dear Mr. Harris: We have received notification by our Audit Bureau of the completion of their audit of the above subject project. We have, therefore, sent your Final Payment #2 in the amount of $1,965.76 on for further processing. Sincerely, Robert P. Michaud Director Aviation Development and Planning RPM/DEH/mrf cc: Regional Planning & Project Manager, Region #10 File - State Payment - Southold - 0913.03 - 1990 rl� � `j Cgwo STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 JAMES A. KUZLOSKI REGIONAL DIRECTOR July 6, 1994 Honorable Thomas H. Wickham Supervisor, Town of Southold Town Hall, Main Road Southold, NY 11971 Dear Mr. Wickham: JOHN C. EGAN COMMISSIONER Executed Aviation Grant Agreement Elizabeth Field Southold Airport PIN 091308 K550491 1993 O L RWs 12-30 & 7-25 Inc. Grading Attached for your information and file is a fully executed copy of the referenced Grant Agreement. Very truly yours, CRAIG SIRACUSA Planning & Program Manager Attachment NEW YORK STATE DEPARTMENT OF TRANSPORTATION AVIATION TRANSPORTATION INFRASTRUCTURE RENEWAL PROJECT GRANT AGREEMENT (CAPITAL) Project No. 0913.08 Contract No. Y�ILSQ `i9, This Agreement made this 23rd day of September , 19 93 by and between the people of the State of New York, (hereinafter referred to as the "State") acting by and through its Commissioner of Transportation (hereinafter referred to as the "Commissioner"), whose office is in the Administration and Engineering Building, 1220 Washington Avenue, Governor Harriman State Campus, City and County of Albany, New York, and the Town of Southold with offices at Southold, New York (hereinafter referred to as the "Grantee"). WHEREAS, Section 14-h of the Transportation Law, and Article 17 of the Transportation Law known as the Implementation of the Rebuild New York Through Transportation Infrastructure Renewal Bond Act of 1983, authorizes the Commissioner to provide for the accomplishment of Municipal Transportation Infrastruc- ture Renewal Project pursuant to an agreement with a Grantee and WHEREAS, the Grantee has made application to the Commissioner for State aid for the accomplishment of a Transportation Infrastructure Project, (hereinafter referred to as the "Project"), which Project is described in Article 3 below, and WHEREAS, the Grantee has applied for and secured available Federal Assistance for the Project, with the approval of the Commissioner, and WHEREAS, the Project has been approved by the Commissioner and found to be consistent with sound transportation development policy and planning concepts and eligible for State participation, and Now, therefore, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: Article 1. Purpose of Agreement — The purpose of this Agreement is to provide for the undertaking of an Airport Transportation Infrastructure Renewal Project (herein called the "Project"), with State financial Y assistance to the Grantee in the form of a capital grant (herein called the "Grant") pursuant to the Rebuild New York Through Transportation Infrastructure Bond Act of 1983 and to state the terms and conditions upon which such assistance will be provided and the mutual understandings and agreements of the parties as to the manner in which the Project will be undertaken and completed and the Project facilities and equipment will be used. Article 2. Documents Forming the Agreement — The agreement shall consist of this document and the following attachments which are hereby made a part of this Agreement as if set forth fully herein: Addendum No. 1, Schedule I, and Appendix A. Article 3. The Project — The Grantee agrees to undertake and complete the Project and to provide for the use of Project facilities, substantially as described in its application heretofore filed with and approved by the Commissioner, a copy of which is hereby made part of this Agreement by reference, and in accordance with the Request for Aid, made to the Federal Aviation Administration, a copy of which is hereby made part of this Agreement by reference, and in accordance with the terms and conditions of this Agreement. The Project is described as follows. Overlay Runway 12-30 (2,328' x 100' ) and 7-25 (1,940' x 75') including all related surface preparations including grading, marking, signing and associated drainage at Elizabeth Field. This work is more particularly described and detailed in the plans, specifications and schedules approved or to be approved by the Commissioner. DV4-1c (1/89) Article 4. Thit Gr nt — The Commissioner hereby determines that the estimated reasonable cost of this Project is $ 1,5b5, 5,'Ij'ubject to the Grantee compliance with the terms and conditions of this Agreement, the Commissioner agrees to pay the Grantee, as hereinafter provided, not more than $ 78,273 @ 50% of the non -Federal share of the project cost whichever is less. The Grantee agrees to apply for additional Federal assistance which n,.!v become ava: .jle for the Project, subject to such conditions as the Commissioner may require in order tc mximize the amounts of Federal assistance received or to be received for all projects in the ate of New York. In the event that Federal assistance which was not included in the foregoing calculation of t, - State payment becomes available to the Grantee, the amount of State payment shall be recalculated with tht elusion of such additional Fec al assistance and the Grantee shall either (a) pay to the State the amount bN : nich the State rayment actually made exceeds the State payment determined by the recalculation or (b) if such additional Federal assistance has not been received by the Grantee, authorize the State to receive such amount from the Federal government and to retain an appropriate amount thereof. The Grantee shall provide for the payment of the remainder of the actual total cost of the Project. Article 5. Commencement 'of Work and Use and Sale of Project Facilities — The Grantee agrees to undertake and proceed with the project within 6 months of the date of this agreement and to complete the project in accordance with the schedules and specifications as approved by the Commissioner, and in accor- dance with the completion date prescribed by the Legislature. On completion of the Project, the Grantee shall commence and continue operation and maintenance of the Project at its own cost and shall not discontinue operation, or dispose of the Project, without the approval of the Commissioner, for the period of time corresponding to the period of useful life for the project as determined by reference to Section 61 of the State Finance Law. No part of any Project or Project facility shall be sold, rendered unusable, or otherwise relinquished without obtaining prior written approval of the Commissioner and State Comptroller. If any Project parts or facilities are so sold, other than for their replacement in such service with like facilities or equipment, the State share of the proceeds of such a sale will be returned to the State Comptroller for deposit in the General Fund. The Grantee will operate the airport as such for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the Grantee specifically agrees that it will keep the airport open to all types, kinds, and classes of aeronautical use without discrimination between such types, kinds, and classes: Provided, that the Grantee may establish such fair, equal and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport; and provided further that the Grantee may prohibit or limit any given type, kind, or class aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. The Grantee will not grant or permit any exclusive right for the use of the airport, and will otherwise comply with all applicable laws. In furtherance of this covenant (but without limiting its general applicability and effect), the Grantee specifically agrees that, unless authorized by the Commissioner, it will not, either directly or indirectly, grant or permit any person, firm, or corporation the exclusive right for the conduct of any aeronautical activit�-_s on the airport, including but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. The Grantee agrees that it will operate the airport for the use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of this covenant (but without limiting its general applicability and effect, the Grantee specifically covenants and agrees: a. That in its operation and the operation of all facilities on the airport, neither it not any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, creed, sex, color, or national origin in the use of any facilities provided for the public on the airport. b. That in any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to render to the public any service (including the furnishing or sale of any aeronautical parts, materials, or supplies) essential to the operation of aircraft at the airport, the Grantee will insert ar.: enforce provisions requiring the contractor: (1) to furnish said service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) To charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided that the contractor may be allowed to make reasonable and nondiscriminatory discontnrs rebs s, or other similar types of price reductions to volume purchasers. c. That it will not exercise or Brant any right or privilege which would operate to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance and repair) that it may choose to perform. DV4-2c (1/89) d. In the event the Grantee itself exercises any of the rights and privileges referred to in subsection b, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaries of the Grantee under the provisions of such subsection b. Nothing contained herein shall be construed to prohibit the granting or exercise of any exclusive right for the furnishing of nonaviation products and supplies or any service of a nonaeronautical nature or to obligate the Grantee to furnish any particular nonaeronautical service at the Airport. The Grantee will operate and maintain in a safe and serviceable condition the airport and all facilities thereon and connected therewith which are necessary to service the aeronautical users of the airport other than facilities owned or controlled by the United States, and will not permit any activity thereon which would interfere with its use for airport purposes. Provided, that nothing contained herein shall be construed to require that the airport be operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions which would interfere with such operation and maintenance, and provided further, that nothing herein shall be construed as requiring the maintenance, repair, restoration or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Grantee. Insofar as it is within its power and reasonable possible, the Grantee will, either by the acquisition and retention of the easements or ocher interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards applicable according to the currently approved airport layout plan. In addition, the Grantee will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the airport, in any portion of a runway approach area in which the Grantee has auquired, or may hereafter acquire, property interests permitting it to so control the use made of the surface of the land. All facilities of the airport developed with State aid and all those usable for the landing and taking off of aircraft, will be available to State Aircraft at all times, without charge. The Grantee shall submit to the Commissioner, at such time as he may require, such financial statements, operating information and other data as may be deemed necessary by the Commissioner to assure compliance with this Article and to prepare his annual report on the scope and results of the Project. The airport and all airport records and documents affecting the airport, including deeds, leases, .operation and use agreements, and other instruments, will be made available for inspection by any duly authorized representative of the Commissioner upon reasonable request. The Grantee will furnish to the Commission upon request, a true copy of any such document. The Grantee will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency found by the Commissioner to be eligible to assume such obligations and having the power, authority, and financial resources to carry out all such obliga- tions. If an arrangement is made for management or operation of the airport by any agency or person other than the Grantee or an employee of the Grantee, the Grantee will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with these covenants. The Grantee will keep up-to-date at all times an airport layout plan of the airport showing (1) the boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Grantee for airport purposes, and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads) including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan, and each amendment, revision or modification thereof, shall be subject to the approval of the Commissioner which approval shall be evidenced by the signature of a duly authorized representative of the Commissioner on the face of the layout plan. The Grantee will not make or permit the making of any changes or alterations in the airport or any of its facilities other than in conformity with the airport layout plan as so approved by the Commissioner if such changes or alterations might affect the safety, utility, or efficiency of the airport. Insofar as is within its power and to the extent reasonable, the Grantee will take action to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations including landing and takeoff of aircraft. Article 6. Accomplishments of the Project — a. Pursuant to Federal, State and Local Law. In the event that any election, referendum, approval, permit, notice, or other proceedings or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe. assume, or carry out any of the provisions of this Agreement. the Grantee xiil initiate and consummate. as provided by law, all actions necessary with respect to any such matters so requisite. DV -1-3b (1/89) b. Funds of the Grantee. The Gr.:.:::e shall initiate and prosecute to completion all proceedings necessary. to enable the Grantee to provide it sra: -)f actual total cost of the Project, as provided in Article 4 of this Agreement, or on prior to the time tru: such funds are needed to meet Project cost. c. Submission of Proceedings, Contract and Other Documents. The Grantee shall submit to the Commissioner and the State Comptroller such data, reports, records, contract and other documents relating to the Project as the Commissioner and the State Comptroller may require. Article 7. The Project Budget. A Project budget shall be prepared and maintained by the Grantee. The Grantee shall carry out the Project and shall incur obligations only in conformity with the latest approved Project budget, and within the —Esti:--: -d Total Cost" of the Project. Article 8. Accounting Records — 4 a. Establishment and Maintens of Accounting Record. The Grantee shall establish and maintain for the Project, in accordance with r-. -:rents established by the Commissioner and approved by the State Comptroller, separate accounts within its =xisting accounting system or set up independently, to be known as the project account. The Grantee shall segregate and group project costs so that it can furnish on due notice, cost information in the following cost classifications: (1) Purchase price or value of land (2) Incidental costs of land acquisition (3) Costs of contract construction ? (4) Costs of force account construction (5) Engineering costs of plans and designs �6) Engineering costs of supervision and inspection (7) Other administrative costs b. Fund:: Received or Made Available for the Project. The Grantee shall record in the project account, as. they are re-=:ved all grant payments received from the Federal Government on account of the Project. The G -antee shall record in the project account.such funds as it may allocate for payment of its share of the actual c.. of the project. The Grantee shall advise the Commissioner monthly in writing of the amounts recorded in the project account or at such times as the Commissioner may prescribe. The -Commissioner or the State Comptroller may audit the project account at such time as the Commissioner or the State Comptroller may require. c. Costs Incurred for the Project. The Grantee shall charge io the project account ail eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Commissioner and the Legislature shall not be considered eligible costs. In specific cases where it is impractical to determine precise costs of certain indirect or service functions, eligible costs will include such allowances for these costs as may be approved by the Commissioner and the Comptroller. Such approval will be based upon an audit determination that the amounts reimbursed will not exceed actual cost. Project costs consist of any costs involved in accomplishing a project including those of: (1) Making field surveys; (2) Preparing plans and specifications; (3) Accomplishing or procuring the accomplishing of the work; (4) Supervising and inspecting construction work; (5) Acquiring land or an interest therein, or any easement through or other interest in airspace; and (6) Administrative and other incidental costs incurred specifically in connection with accomplishing a project, and that would not have otherwise been incurred. The costs described in this section, including the value of land, labor, materials and equipment donated or loaned to the Grantee and appropriated to the project by the Grantee, are eligible for consideration as to their allowability, except for: (1) That part of the cost of acquiring an existing private airport that represents the cost of acquiring passenger automobile Irking facilities and C . wings to be used as hangars; The cost of materials and supplies owned by the Grantee or furnished from a source of supply owned by the Grantee if: (i) Those materials and suppiies were used for airport development before the grant agreement was executed: or (ii) Those cost is not supported by proper evidence of quantity and value: (3) The cost of nonexpendable machinery, tools, or equipment owned by the Grantee and used under a project by the Grantee's force account, except to the extent of the fair rental value of that machinery, cools, or equipment for the period it is used on the project; (4) The value of any land, including improvements, donated to the sponsor by another public agency; and (5) Any costs incurred in connection with raising funds by the Grantee, including interest and premium charges and administrative expenses involved in conducting bond elections and in the sale of bonds. To be an allowable project cost, for the purposes of computing the amount of a grant, an item that is paid or incurred must, in the opinion of the Commissioner - (1) Have been necessary to accomplish airport development in conformity with the approved plans and specifications for an approved project and with the terms of the grant agreement for the project: (2) Be reasonable in amount; (3) Have been incurred after the effective date of the Grant Agreement, except for those costs incurred to apply for Federal funds; prepare project engineering reports, plans and specifications; to identify, describe and determine value of land acquisition required for the project such as surveys, title searches and abstracts, appraisals and legal fees and to acquire real property. (4) Be supported by satisfactory evidence. d. Documentation of Project Costs. All costs charged to the projedt account including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges, in accor- dance with the rules and regulations of the Commissioner as approved by the State Comptroller. e. Checks, Orders and Vouchers. Any check or order drawn by the Grantee with respect to any items which is or will be chargeable against the project account will be drawn• 6nly in accordance with a properly signed vouchers then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. _ f. Reports. The Grantee shall prepare an interim report at the end of its fiscal year accounting for the expenditures of the funds of the State, the Grantee, any Federal agency, and any other source with respect to the project. g. Retention of Records. The Grantee shall. retain• all required records for at least 3 years following the receipt of final payment. In the event that any litigation claim, or audit is started before the expiration of the three year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved but in no event less than three years. Article 9. Requisitions and Payments a. Interim progress payments shall be made upon request by the Grantee to the Commissioner under the following conditions: Such requests for reimbursement of the State's share of authorized project costs shall be made on a regular periodic basis, but no more frequently than once each month. (2) Such request vouchers shall be in a summary form and the documents supporting such costs incurred by the Grantee shall be maintained in a secure manner by the Grantee at its headquarters or at such other place as shall be readily accessible to the Commissioner and the State Comptroller for purposes of auditing project costs and expenditures. All such accounting records shall be retained by the Grantee until six years after completion of the State Comptroller's final audit report which will be rendered after the satisfactory completion of all physical work, the acquisition of real property and/or the fur- nishing of goods or services as provided by this agreement. D. Subject to the other provisions hereof, requisitions for payments will be honored by the Commissioner _Neem that :he State may elect by notice in writing to withhold any payment if: .._ , Q) (1) Misrepresent^ -ion. The Grantee shall have made any misrepresentation of a material nature in its Application.. .::ty supplement thereto or amendment thereof, or in or with respect to any document or data furni :;.:a therewith or pursuant hereto; ' (2) Litigation. There is then pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or payments to the Project; (3) Concurrence by State. The Grantee shall have taken any action pertaining to the Projec: which under the established -• _edures requires the prior approval of the Commissioner or shall have made related expenditures o:... -;cared related obligations without the approval of the Commissioner; (4) Conflict of Interests. There has been in connection with the Project any violation of the conflic- interest rule, regulation, ordinance or statute applicable to the Grantee, its officers, members. •r employees, or (5) Default. The �. -_ntee shall be in default under any of the provisions of this Agreement. c. Disallowed Costs. In determining the amount of a payment, the Commissioner shall exclude all project costs incurred by the Grantee prior to the effective date of this agreement, except for those allowable costs as defined in Article 8(c) of this agreement. d. No interim payment will be made in an amount that would bring'le aggregate: amount of all partial payments for the prc , to more than 95 percent of the estimated State's share of the total estimate:_ _ost or the maximum obligation of the State as stated in Article 4, whichever amount is the lower. In dete.—=iing the amount of a partial grant payment, those project costs that the Commissioner considers to be of ques- tionable allowability are deducted both from the amount of project costs incurred and from the amount of the estimated total project cost. e. Whenever certain development on a project is delayed or suspended for an appreciable period of time for reasons beyond the Grantee's control and the allowability of the project costs of all development completed has been determined on the basis of an audit and review of all costs, a semi-final grant payment may be made in an amount large enough to bring the aggregate amount of all partial grant payments for the project to the State's share of all allowable project costs incurred, even if the amount is- more than 95 percent limitation. However, it may not be more than the maximum obligation of the State as stated in Article 4. f. Whenever t4:. -roject is completed in accordance with the grant agreement, the Grantee may apply for final payment. Tht: final payment is made to the Grantee if: (1) A final inspection of all work has been made jointly by the representatives of the Grantee and the contractor and the Commissioner unless the Commissioner agrees to a different procedure for final inspection. (2) A final audit : - project account has been completed by the Commissioner or the State Comptroller. (3) The Grantee has furnished final "as constructed"plans, unless otherwise agreed to by the Commissioner. g. Based upon the final inspection, the final audit, the plans, and the documents and supporting informa- tion, the Commissions- _atermines the total amount of the allowable project costs and the State Comptroller pays the Grantee the E. --.Le share, less the total amount of all prior payments. h. In no event shall the making by the State of any payment pursuant to this agreement constitute or be construed as a waiver by the State of any breach of covenant or any default which may then exist, on the part of the Grantee and the making of any such payment by the State while any such breach or default shall exist, it shall in nowise impair or prejudice any right or remedy available to the State in respect of such breach or default. Article 10. Termination or suspension of State's Jbligations a. Termination or Suspension Generally. If the Grantee abandons or, before completion, finally discon- tinues the Project; or if, by reason of any of the events or conditions set for - in paragraphs (1) to (5), inclusive, of Article 9 (b) hereof, or for any other reason, the commencement prc-cution, or timely comple- tion of the Project by the Grantee is rendered improbable, infeasible, impossible or illegal, the Commissioner may, by written notice to the Grantee. suspend any or all of its obligations under this Agreement until such time as the event or condition resuitiniz in such suspension has .eased or been corr_cted, or the Commissioner may terminate any or ail or its obligations under tnis igrc_rnen,. Dya.Ab 1 I, 891 b. Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination notice under this Section, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the grant is to be computed; (2) furnish a statement of the status of the Pro- ject activities and of the project account as well as a proposed schedule, plan and budget for terminating or suspending the closing out Project activities and contracts, and other undertakings the costs of which are other- wise includable as Project costs; and (3) provide to the Commissioner an estimate of the State's share of the costs arising from the termination, suspension, or closing out of such activities, contracts, and other undertakings. The closing out shall be carried out in conformity with the latest schedule, and budget approved by the Commissioner upon the basis of terms and conditions imposed by the Commissioner upon the failure of the Grantee to furnish the schedule, plan and budget within a reasonable time. The acceptance of a remittance by the State of any or all Project funds previously received by the Grantee or the closing out of State financial participation in the Project shall not constitute a waiver of any claim which the State may.otherwise have arising out of this Agreement. Article 11. Remission of Project Account Upon Completion of Project. Upon completion of the Project, and after payment, provision for payment or reimbursement of all Project costs payable from the project account is made, the Grantee shall remit to the State any unexpended balance of State funds previously paid to it. Article 12. Audit and Inspection. The Grantee shall permit and shall require its contractors to permit the Commissioner's and the State Comptroller's authorized representatives to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant construction, equipment, data and records; and to audit the books, records and accounts of the Grantee pertaining to the Grant and the development of the Project. Article 13. Manner of Performing Work. The work constituting the Project may be performed by the employment of the forces and the use of the equipment of the Grantee as authorized by the Commissioner, or by contract let pursuant to bidding procedures, more particularly referred to in Addendum 1 hereof. Article 14. (a) State Approval Required. Any contracts, supplemental contracts, or amendments thereto executed by the Grantee for this project must receive the approval of the Commissioner and State Comptroller before State reimbursement under this Agreement will be made. Such approvals do not change the State's financial obligation as prescribed in Article 4. of this Agreemeni. (b) Equal Employment Opportunity. All contracts for design, construction, services and materials for the project of whatever nature and all documents soliciting bids or proposals therefore shall con- tain the following provisions: (1) The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group persons and women are afforded equal opportunity without discrimination. Such programs shall include, but not be limited to, recruit - merit, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training. (2) At the request of the Department, the contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the agency to furnish a written statement that such employment agency, labor union or representative shall not discriminate because of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will cooperate in the implementation of the contractor's obligations hereunder. (3) The contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the agency, that all qualified applicants will be afforded equal employment opportunity without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. (4) The contractor will include the provisions of paragraphs I through 3 of this subdivision in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcon- tractor or vendor as to its work in connection with the contract. DV1."b (1/89) Article .15. Executory Clause. The Grantee agrees that this Agreement shall be deemed executory only to the extent of the monies available, and no liability shall be incurred by the State beyond the monies available, for the purpose. Article 16. Participation by Minority and Women Owned Business Enterprises. It is the policy of the State of New York to encourage meaningful participation by minority and women -owned business enterprises in the performance of Transportation Infrastructure Renewal Projects. Because this is a Federal Assistance Project, in accordance with Section 428 of the Transportation Law all Federal requirements relative to the participation of disadvantaged, minority and/or women -owned business enterprises, including but not limited to 49 CFR Part 23 shall apply to the Grant. A violation of any such Federal requirement shall tie a violation of this Agreement. Article 17. New York State Content Program. All contracts Fina: _ed under this Grant are subject to the New York State Content Program authorized under Section 422(7) of the Transportation Law, when established. Article 18. Indemnification. The Department shall in no way be liable for any costs, liability or damages claimed by any person as the result of the Department's award of the Grant or any review or approval given in connection therewith. The Grantee agrees to indemnify and hold harmless the Department and its officers, agents and employees of and from any and all costs, liability, damage and expenses, including expenses for legal services, claimed or recovered by any person by reason of injury to, or death of, an,y person or persons, and damage to, destruction or loss of use of any and all property, arising from the award or administration of the Grant. Article 19. Maintaining the Project. The Grantee agrees -o maintain the project at its own expense for the period of time co -responding to the period of useful life of such project as determined by reference to Section 61 of the Star Finance Law in e�`ect on the date of this Agreement. DV.i_yc (I Y91 IN WITNESS WHEREOF, this Agreement has been executed by the State acting by and through the Commissioner, who has caused the seal of his office to be affixed hereto, and the Grantee by and through a duly authorized officer has executed this Agreement effective the day and year first above written. THE PEOPI,1IHS� YORK GR By _ ��JJp�z�iORllFff Al- 1 nnl JRPjy By For: COMMISSIONER OF TRANSPORTATION Supervisor, Town of Southold MAY f) MAY 2 Title Aprve 19 By or the New York State Comptroller Pursuant To Section 112 State Finance Law STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On this 5th day April in the year One Thousand Nine Hundredy- ninet four before me personally came Thomas Wickham to me known, who being by me duly sworn did depose and say that he/X$e resides at �tLain Road _ Cutchogue New York ; that he/ is the Supervisor of the Town of Southold of the Grantee,described in and which executed the above instrument; that he/" was authorized to execute the document on behalf of said Grantee pursuant to a resolution which was duly adopted on April 5, 1994 - and to wh;rh a certified copy is attached and made a part hereof. ORr vl, Mi fit ". }# MAY a DV -4-9c (1,'39) NOTARY PUBLI JUDITH r FERRY !Votary Public, Sta'.e of New York No. 52-0344068 Qualified in Sutfork County Commission Exrlehs t0ay 31, 19 ADDENDUM NO. 1 TERMS AND CONDITIONS 1. The Grantee agrees to incorporate or cause to be incorporated into any contract for construction work, or furnishing of nay materials, supplies, or equipment or professional consulting services of any kind in con- nection with the Project, clauses under which the contractor: (a) Agrees to procure and maintain insurance of the kinds and in the amounts hereinafter provided in Schedule I hereof. (b) Agrees that he will comply with the requirements of the State Labor Law and particularly Sections 220 and 220-4 thereof as amended, and as set forth in Appendix A hereof. (c) Agrees that during the performance of this contract the Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin and will comply with the Non -Discrimination provisions set forth in Appendix A hereof. (d) Agrees that he will cause all persons employed upon the work including his subcontractors, agents, officers and employees, t;, comply with all applicable laws in the jurisdiction in which the work is performed. (e) Agrees not to assign, transfer, convey, sublet or otherwise dispose of this agreement or any part thereof, or of its right, title or interest therein or its power to execute such agreement to any person, company or cor- poration without the previous consent in writing of the Grantee and the Commissioner of Transportation. (f) Agrees that in accordance with its status as an independent contractor, it will conduct itself with such status that it will neither hold itself out as nor claim to be an officer or employee of the State by reason hereof, and that it will not by reason hereof, make any claim demand of application to or for any right or privilege applicable to an officer or employee of the State, including, but not limited to, Workmen's Compensation coverage, Unemployment Insurance Benefits, Social Security coverage or Retirement membership or Credit. (g) Agrees that this agreement may be cancelled or terminated by the Grantee if any work under this agreement is in conflict with the provisions of Section 74 of the Public Officers Law. (h) Agrees that any patentable result arising out of this Agreement, as well as aff information, designs, specification, know-how, data, and findings, shall be made available without cost to the :State or its licenses for public use. (i) Agrees that for construction work he will furnish a performance bond in an amount at least equal to 100 percent of his contract price as security for the faithful performance of his contract and also a labor and material bond in an amount equal to 100 percent of his contract price as security for the payment of all persons performing labor on the Project under his contract and furnishing materials in connection with his contract. The performance bond and the labor and material bond may be in one or in separate instruments in accordance with law. (j) Agrees that the Commissioner and the State Comptroller reserve the right to audit and inspect the work of the contractor and any and all records thereof through representatives of the State, as well as through officers and employees of the State, as they shall determine. (k) Agrees that the State shall not be obligated or liable hereunder to any party other than the Grantee. (1) Agrees that if any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of the applicable law. (m) Agrees that by execution of the Agreement the contractor represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this agreement. (n) Agrees that all project documents requiring formal approval by a Federal Agency will be submitted to the Commissioner for his prior appro,,al and forwarding to the Federai Agencv for it.s formal approval. ov.- ape I/ S9) CONR 335-2f (9/89) 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material conditon of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regula- tions thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, deter- mination or disposition of appeal (2 NYCRR 105.4) 9. SETOFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State prac- tices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Con- tractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION: (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on his invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Direc- tor of State Accounts, Office of the State Comptroller, AESOB, Albany, New York 12236. CONK 335.1f (9189) APPENDIX A STANDARD CLAUSES FOR'ALL NEW YORK STATE CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licensor, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON -ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $5,000 ($20,000 for certain S.U.NY. and C.U.NY. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal satutory and constitutional non- discrimination provisions, the Contractor will not discriminate against any employee or applicant for employ- ment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equip- ment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the perfor- mance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcon- tractors shall, by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statues, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7. NON -COLLUSIVE BIDDING REQUIREMENT. In accordance with Section 139-d of the State Finance Law. If this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non -collusive bidding certification on Contractor's behalf. SCHEDULE 1 INSURANCE CLAUSES TO BE INCLUDED IN GRANTEE CONTRACTS The Grantee agrees to incorporate or cause to be incorporated into any contract in connection with the Project, the following clauses: The Contractor agrees to procure and maintain insurance of the kinds and in the amounts hereafter provided in insurance companies authorized to do business in New York State, covering all operations under the contract whether performed by it or sub -contractors. Before commencing the work the Contractor shall furnish the Grantee a certificate or certificates in form satisfactory to the Grantee showing that it has complied with this Schedule, which certificate or certificates shall not be changed or cancelled until thirty days written notice has been given to the Grantee. The kinds and amounts of insurance required are as follows: A. Policy or policies covering the obligations of the Contractor in accordance with the provisions of any applicable Workmen's Compensation or Disability Benefits Law, including for the State of New York, Chapter 41, Laws of 1914, as amended, known as the Workmen's Compensation Law, and amendments thereto, and Chapter 600 of the Laws of 1949, as amended, known as the Disability Benefits Law, and this agreement shall be void and no effect unless the Contractor procures such policy or policies and maintains the same in force during the ter rrt of his contract. B. Protective Liability insurance issued to an covering the liability of the Grantee, the State, the Commissioner and all employe --s or other representatives of each of them, both officially and personally with respect to all operations under the contract including omissions and supervisory acts of the Grantee, the State, the Commissioner and their employees or other representatives with the following limits: Construction Bodily Injury Liability Each Person Each Occurrence $1,000,000 $3,000,000 Property Damage Liability Each_ Occurence Aggregatd $1,1000,000 $3,000,000 Consultant and Other Services Bodily Injury Liability Property Damage Liability Each'Person Each Occurence Each Occurence Aggregate $100,000 $300,000 $100,000 $300,000 C. Liability insurance issued to and covering the liability of the CONTRACTOR with respect to all work performed by him under this Agreement. D. LA'a- ility insurance issued to and covering the liability of.each of the CONTRACTOR'S sub -contractors with respect to all work performed by said sub -contractor under this Agreement. - E. Protective liability insurance issued to and covering the liability of the CONTRACTOR with respect to all work under this Agreement performed for the CONTRACTOR by sub -contractor. F. Protective liability insurance issued to and covering the liability of the Grantee and all employees of the Grantee, both officially and personally, with respect to all operations under this agreement by the CONTRACTOR or by his sub -contractor, including omissions and supervisory acts of the Grantee and its employees. NOTE.- If work is to be performed by forces of the Grantee, the Grantee will provide or cause to be provided rhe insurance coverage provided in Paragraph B above. 2. The Grantee agrees to give full opportunity for free, open and competitive bidding fo;r each contract to be let by it calling for construction or the furnishing of any materials, supplies, or equipment td be paid for with Project Funds in accordance with the requirements of Section 103 of the General Municipal•Law, the State Finance Law and any other applicable State Laws, Regulations or any requirements or opinions of the State Comptroller. 3. The Grantee agrees that contracts for professional or consulting services may be negotiated, but they must be in writing and must state the maximum compensation or reimbursement to be paid. Negotiations must be adequately documented to show consultants considered, proposals received, reasons for selecting the proposed consultant, and the unit basis or other detailed explanation in support of the amount of compensation to be paid. DV.:_!tb ,I yU1 CONR 335-3f (9/89) 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN: In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combina- tion of the foregoing, to be performed for, or rendered or furnished to the contracting agency: or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100.000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective barganing or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis or race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a", "b" and "c", above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of his section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article XI•A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it be registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. August 1989 • r JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER �oc��FFOIkcOG o y;� � ac LUM OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 7, 1994 Charles E. Kilduff Planning & Program Management Department of Transportation State of New York Veterans Memorial Highway Hauppauge, New York 11788 Re: Elizabeth Field PIN 091308 O/L RW 12-30 & 7-25 Dear Mr. Kilduff: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Enclosed are six (6) executed copies of the 1993 Aviation Grant Agreement for the above noted project, along with the executed SEQR Agency Compliance Statement ( Form DV -21) , and appropriate resolution. Thank you for your assistance in this matter. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Accounting & Finance JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 5, 1994, AT 7:30 P.M., AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK: The meeting was called to order by Supervisor Thomas Wickham, and upon roll being called, the following were present: Present: Supervisor Thomas Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans The following resolution was offered by Justice Evans who moves it adoption, seconded by Councilwoman Oliva, WHEREAS, application for available Federal funding for the Overlay Runway 12-30 (2,328' x 100') and 7-25 (1,940' x 75') including all related surface preparations including grading, marking, signing and associated drainage at Elizabeth Field Airport, Fishers Island, New York, has been approved; and WHEREAS, the project has been deemed consistent with sound transportation development policy and planning concepts for New York State participation; and WHEREAS, the Federal share of the grant amounts to $1,408,908, the State share amounts to $78,273, the local share amounts to $78,273 for a total amount of $1,565,452; now, therefore, be it RESOLVED that the Town Board of the Town of Southold enter into an Agreement with the New York State Department of Transportation for financial assistance, not to exceed $78,273, State PIN No. 091308, for the Overlay Runway 12-30 and 7-25 including all related surface preparations including grading, marking signing and associated drainage at Elizabeth Field Airport, Fishers Island, New York; and be it FURTHER RESOLVED that the Town Board hereby authorizes and directs Supervisor Thomas Wickham to execute documents for this project on behalf of the Town of Southold. Question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Judith T. Terry Southold Town Clerk April 6, 1994 DV -21-R1 (11/85) Agency Compliance Statement State Environmental Quality Review In accordance with the rules, regulations and procedures adopted by Town of Southold (Name of Municipal Corporation) (or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules, regulations and procedures) pursuant to the intent of the State Environmental Quality Review Act, the project described below is classified as a: & VUvd-w ALTER ❑ Type I Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). ❑ Type I Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). ❑ Unlisted Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). ❑ Unlisted Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). ❑ Type II Action ❑ Ministerial Act ❑ Exempt Act PROJECT DESCRIPTION Overlay Runway 12-30 (2,328' x 1001) and 7-25/,1,940' x 75' includinq all related surface )arations Vr�cludin marking, signing and associated drainage ate/Elizabeth Field. licant Signature Supervisor, Town of Southold Title April 5, 1994 Date MAR «C6LB10�. STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 JAMES A. KUZLOSKI JOHN C. EGAN REGIONAL DIRECTOR COMMISSIONER March 4, 1994 Honorable S. L. Harris, Supervisor Town Hall, Main Road Southold, NY 11971 Dear Mr. Harris: Elizabeth Field PIN 091308 O L -RW 12-30 & 7-25 Enclosed are seven copies of the 1993 Aviation Grant Agreement for the above noted project. Please have them signed and notarized and return six copies to this office. Also enclosed is a SEQR Agency Compliance Statement (Form DV -21) for each stand-alone project under this grant. Please complete these forms and return them along with the executed grants. Enclosed, for your information, is a sample resolution and a list of the required elements for resolutions. Very truly yours, G_ 'CHARLES E . KILDO]PF Planning & Program Management Enc. cis RECEIVED Engineers, Inc. NOV 31993 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Southold Town Clerk To: Mr. James Kuzloski NYS Dept. of Transportation, Region 10 New York State Office Bldg. Veterans Highway Hauppauge, NY 11787 Attention: Enclosed please find the following: Re: Fishers Island -Elizabeth Field Runway 12-30 Overlay (Design) FAA AIP No. 3-36-0029-06-92 Runway 7-25 Overlay (Design) FAA AIP No. 3-36-0029-07-92 File: 211.006.001 & 002 Date: 01 -Nov -93 - Three copies of Partial Payment Request No. TWO & FINAL (Form FIN -190) for your review and processing. (NYS PIN No. 0913.06/FAA AIP No. 3-36-0029-06-92) - Three copies of Partial Payment Request No. TWO & FINAL (Form FIN -190) for your review and processing. (NYS PIN No. 0913.07/FAA AIP No. 3-36-0029-07-92) Remarks: ------------------------------------------------------------ If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Enclosures cc: Ms. Judith Term Y Sheila M. Far ey Grants Administrator REGEIVED NOV 31993 SoiithoW Trm„n ("lark To: Mr. Philip Brito Manager Federal Aviation Administration N.Y. Airports District Office 181 South Franklin Avenue Valley Stream, NY 11581 Attention: Enclosed please find the following: cas Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Re: Fishers Island -Elizabeth Field Runway 12-30 Overlay (Design) FAA AIP No. 3-36-0029-06-92 Runway 7-25 Overlay (Design) FAA AIP No. 3-36-0029-07-92 File: 211.006.001 & 002 Date: 01 -Nov -93 - Three copies of Partial Payment Request No. SIX & FINAL (Form 271) for your review and processing. (FAA AIP No. 3-36-0029-06-92) - Three copies of Partial Payment Request No. SIX & FINAL (Form 271) for your review and processing. (FAA AIP No. 3-36-0029-07-92) Remarks: If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Enclosures )/ cc: Ms. Judith Terry r Sheila M. Farley Grants Administrator �- IL JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 22, 1993 Theresa M. Hopkins Asst. Grants Administrator CES engineers, Inc. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Fishers Island - Elizabeth Field Runways 7-25 E 12-30 Overlay (Design) Dear Ms. Hopkins: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Enclosed are four (4) executed partial payment request No. SIX E FINAL (Form 271) for Runway 7-25 and Runway 12-30 Overlay (Design), and four (4) executed partial payment request No. TWO E FINAL (Form FIN -190) for Runway 7-25 and Runway 12-30. Overlay (Design) . Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Accounting E Finance I JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 19, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute Partial Payment Request No. Six S Final to the Federal Aviation Administration, for a reimbursement with regard to Runway 7-25 Overlay (Design), and Runway 12-30 Overlay (Design) at Elizabeth Field Airport, Fishers Island; and be it FURTHER RESOLVED that Supervisor Harris be authorized and directed to execute Partial Payment Request No. Two S Final to the New York State Department of Transportation with regard to Runway 7-25 Overlay (Design), and Runway 12-30 Overlay (Design), at Elizabeth Field Airport, Fishers Island, all in accordance with the recommendation of the Town's consultants for the project CSS Engineers, Inc. Judith T. Terry Southold Town Clerk October 20, 1993 0 RECEIVED OCT, 181993 To: Ms. Judith Terry Town Clerk Sou"d Town Clerk Town of Southold Town Hall 53095 Main Road, PO Box 1179 Southold, NY 11971 Attention: CSS Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Re: Fishers Island - Elizabeth Field Runway 12-30 Overlay (Design) FAA AIP No. 3-36-0029-06-92 Runway 7-25 Overlay (Design) FAA AIP No. 3-36-0029-07-92 File: 211.006.001 & 002 Date: 11 -Oct -93 Enclosed please find the following: - Five copies of partial payment request No. SIX & FINAL (Form 271) with attached backup documentation for your review and appropriate signature. - Five copies of partial payment request No. TWO & FINAL (Form FIN -190) with attached backup documentation for your review and signature. (NYS PIN 0913.06) - Five copies of partial payment request No. SIX & FINAL (Form 271) with attached backup documentation for your review and appropriate signature. - Five copies of partial payment request No. TWO & FINAL (Form FIN -190) with attached backup documentation for your review and signature. (NYS PIN 0913.07) Remarks: Please have Mr. Harris sign four copies of Forms 271, four copies of Forms FIN -190 (both pages), and return them to me for distribution to the funding agencies. Keep one copy of each form with the attached backup documentation for your files. If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Enclosures '. cc: Mr. R. Philip Knauff Theresa M. Hopkins Asst. Grants Administrator UTANUMW r-UHM zn if -M) Prescribed by Office of Management and Budget Cir. No. A-110 PROGRAMS - FUNCTIONS - ACTIVITIES Approved by Office of Management and PAGE OUTLAY REPORT AND REQUEST FOR REIMBURSE- Budget No. 80-RO181 1 OF 1 PAGES MENT FOR CONSTRUCTION PROGRAMS 1. TYPE OF REQUEST 2.BASIS OF REQUEST RUNWAY 12-30 ® FINAL 11PARTIAL ® CASH 11 ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT TO 4. FEDERAL GRANT OR OTHER b. P IAL PAYMENT REQUEST NO. WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED BY FEDERAL AGENCY SIX & FINAL Federal Aviation Administration - N.Y.A.D.O. 3-36-0029-06-92 6. EMPLOYER IDENTIFICATION NO. 7. RECIPIENT ACCOUNT OR OTHER PERIOD COVERED BY THIS REPORT $0.00 IDENTIFYING NUMBER FROM (Month, day, year) TO (Month, day, year) 11-6003307 N/A 9/15/93 09/21/93 9. RECIPIENT ORGANIZATION 10. PAYEE (Where check should be sent If different than item 9) Name: TOWN OF SOUTHOLD Name: TOWN HALL, 53095 MAIN ROAD $0.00 No. and P.O. BOX 1179 No. and Street: SOUTHOLD, NY 11971 Street•. City, city, State and State and ZIP Code: ZIP Code., 11. STATUS OF FUNDS UTANUMW r-UHM zn if -M) Prescribed by Office of Management and Budget Cir. No. A-110 PROGRAMS - FUNCTIONS - ACTIVITIES (a) (b) (c) CLASSIFICATION RUNWAY 12-30 TOTAL OVERLAY (Design) a. Administrative expense $0.00 $0.00 $0.00 $0.00 b. Preliminary expense $0.00 $0.00 $0.00 $0.00 c. Land, structures, right-of-way $0.00 $0.00 $0.00 $0.00 d. Architectural engineering basic fees $58,064.00 $0.00 $0.00 $58,064.00 e. Other architectural engineering fees $0.00 $0.00 $0.00 $0.00 f. Project inspection fees $0.00 $0.00 $0.00 $0.00 g. Land development $0.00 $0.00 $0.00 $0.00 h. Relocation expense $0.00 $0.00 $0.00 $0.00 i. Relocation payments to individuals and businesses $0.00 $0.00 $0.00 $0.00 j. Demolition and removal $0.00 $0.00 $0.00 $0.00 k. Construction and project improvement cost $0.00 $0.00 $0.00 $0.00 I. Equipment $0.00 $0.00 $0.00 $0.00 m. Miscellaneous cost $0.00 $0.00 $0.00 $0.00 n. Total cumulative to date (sum of lines a thru m) $58,064.00 $0.00 $0.00 $58,064.00 o. Deductions for program income $0.00 p. Net cumulative to date (Line n minus line o) $58,064.00 $0.00 $0.00 $58,064.00 q. Federal share to date $52,257.60 $0.00 $0.00 $52,257.60 r. Rehabilitation grants (100% reim- bursement) s. Total Federal share (sum of lines q and r) $52,257.60 $0.00 $0.00 $52,257.60 t. Federal payments previously re- quested $49,644.72 $0.00 $0.00 $49,644.72 u. Amount requested for reimbursement $2,612.88 $0.00 $0.00 $2,612.88 v. Percent of physical completion of project 100.0% 0.00/0 0.0%1 100.0% SiuNA1UHE OF AUTHORIZED CE TIFYING DATE REPORT SUBMITTED 12. CERTIFICATION OFFICI h OCT I certify that to the best of my knowledge a. RECIPIENT and belief the billed costs or disburse- TYPED OR PR D AME AND TITLE TELEPHONE NO. ments are in accordance with the terms SCOTT L. HARRIS of the project and that the reimbursement TOWN SUPERVISOR (516) 765-1800 represents the Federal share due which has not been previously requested and SIGNATU OF AUTHORIZED CERTIFY] DATE REPORT SUBMITTED that an inspection has been performed OFFICIAL, and all work is in accordance with the b. Representative terms of the award. certifying to line % 11v. TYPED OR PRINTED NAME AND TITLE TELEP ONE NO. C&S ENGINEERS, INC. SHEILA M. FARLEY (315) 455-7981 GRANTS ADMINISTRATOR UTANUMW r-UHM zn if -M) Prescribed by Office of Management and Budget Cir. No. A-110 FISHERS ISLAND - ELIZABETH FIELD FAA AIP No. 3-36-0029-06-92 Runway 12-30 Overlay (Design) Invoice Date 09/21/93 Invoice Amount $ 2,903.20 $ 2,903.20 x 90% _ $2,612.88 FISHER ISLAND AIRPORT -ELIZABETH FIELD 09/27/93 RUNWAY 7-25 OVERLAY (Design) -------- TOWN OF SOUTHOLD, NY 211.006 F.A.A. AIP PROJECT NO. 3-36-0029-07-92 N.Y.S.D.O.T. PROJECT NO. 0913.07 SUMMARY OF FEDERAL ELIGIBLE PROJECT COSTS PROGRAM NO. 1 ----------------------------------------------- FEDERAL GRANT ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE AGREEMENT AMOUNTS FEDERAL ELIGIBLE FEDERAL ELIGIBLE PARTICIPATING a. ADMINISTRATIVE EXPENSE ......................... $2,018.00 L $2,018.00 $0.00 $0.00 b. PRELIMINARY EXPENSE ............................ $0.00 $0.00 $0.00 $0.00 c. LAND, STRUCTURES, RIGHT-OF-WAY ................. $0.00 $0.00 $0.00 $0.00 d. ARCHITECTURAL ENGINEERING BASIC FEES........... $48,982.00 $48,982.00 $48,982.00 $0.00 e. OTHER ARCHITECTURAL ENGINEERING FEES........... $0.00 $0.00 $0.00 $0.00 f. PROJECT INSPECTION FEES ........................ $0.00 $0.00 $0.00 50.00 g. LAND DEVELOPMENT ............................... $0.00 $0.00 $0.00 $0.00 h. RELOCATION EXPENSE ............................. $0.00 $0.00 $0.00 $0.00 i. RELOC PAYMENTS TO INDIV AND BUSINESSES......... $0.00 $0.00 $0.00 $0.00 j. DEMOLITION AND REMOVAL ......................... $0.00 $0.00 $0.00 $0.00 k. CONSTRUCTION AND PROJECT IMPROVEMENT COST...... $0.00 $0.00 $0.00 $0.00 1. EQUIPMENT ...................................... $0.00 $0.00 $0.00 50.00 ®. MISCELLANEOUS COST ............................. $0.00 $0.00 $0.00 $0.00 -------------------------------------------------------------------------------------------------------------------------------------- TOTAL FEDERAL COSTS $51,000.00 $51,000.00 $48,982.00 $0.00 FISHER ISLAND AIRPORT -ELIZABETH FIELD 09/27/93 RUNWAY 7-25 OVERLAY (Design) -------- TOWN OF SOUTHOLD, NY 211.006 ARCHITECTURAL ENGINEERING BASIC FEES ANALYSIS PROGRAM NO. 1 ----------------------------------------------- Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: ------------------------------------------------------------------------ $48,982.00 $45,162.00 $0.00 ------------------------------------------------------------------------ RETAINAGE BILLED: 09/21/93 $2,449.13 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING * 12/28/92 $22,041.90 $20,322.90 * 01/15/93 $9,796.40 $9,032.40 $0.00 * 02/16/93 $7,347.30 $6,774.30 $0.00 * 04/09/93 $2,449.10 $2,258.10 $0.00 * 06/17/93 $2,449.10 $2,258.10 $0.00 * 07/21/93 $2,449.10 $2,258.10 $0.00 * 09/15/93 $2,449.10 52,258.10 $0.00 ............................................ I ...... , N. Y.S ep t e m b e r 21.1 ...... TOWN OF SOUTIITOLD, COMMOF SUIT I DA K, i �. X1..9 �ji o To...........5..&.. S..Engineers.:..Inc...................................Claimant Addres S..1020 Seventh North Street Liverpool, NY 13088 Fed. I. D. No. 13.7.5.3.18.9.3.Q ........ or Soc. Security No. ................... The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. Dated ......September 21,....,._., 19._.93 ................................................. ........... . Signature TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 7-25 OVERLAY IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. FOR 100% RETAINAGE X $2,449.13 = LESS PREVIOUS BILLINGS: TOTAL INVOICE: a Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 $2,449.13 .00 $2,449.13 INV. DATE : 09/21/93 INVOICE # : 309129 PROJECT # : 211.006.002 CLIENT REF: Sc 309129 It Approved by Office of Management and PAGE OUTLAY REPORT AND REQUEST FOR REIMBURSE- Budget No. 80-RO181 71 OF 1 PAGES MENT FOR CONSTRUCTION PROGRAMS 1. TYPE OF REQUEST 2. BASIS OF REQUEST CLASSIFICATION IN FINAL ❑ PARTIAL ® CASH ❑ ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL EL O 4. FEDERAL GRANT OR OTHER 6. PA IAL PAYMENT. WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED BY FEDERAL AGENCY SIX & FINAL Federal Aviation Administration - N.Y.A.D.O. 3-36-0029-07-92 $0.00 6. EMPLOYER IDENTIFICATION NO. 7. RECIPIENT ACCOUNT OR OTHER PERIOD COVERED BY THIS REPORT $0.00 IDENTIFYING NUMBER FROM (Month, day, year) TO (Month, day, year) 11-6003307 N/A 9/15/93 9/21/93 9. RECIPIENT ORGANIZATION 10. PAYEE (Where check should be sent i7 different than Item 9) Name: TOWN OF SOUTHOLD Name: TOWN HALL, 53095 MAIN ROAD e. Other architectural engineering fees No. and P.O. BOX 1179 No. and Street: SOUTHOLD, NY 11971 Street: City, City, State and State and ZIP Code: ZIP Code: STATUS OF FUNDS STANDARD FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. No. A-110 PROGRAMS - FUNCTIONS - ACTIVITIES (a) (b) (C) CLASSIFICATION RUNWAY 7-25 TOTAL OVERLAY (Design) a. Administrative expense $0.00 $0.00 $0.00 $0.00 b. Preliminary expense $0.00 $0.00 $0.00 $0.00 c. Land, structures, right-of-way $0.00 $0.00 $0.00 $0.00 d. Architectural engineering basic fees $48,982.00 $0.00 $0.00 $48,982.00 e. Other architectural engineering fees $0.00 $0.00 $0.00 $0.00 f. Project inspection fees $0.00 $0.00 $0.00 $0.00 g. Land development $0.00 $0.00 $0.00 $0.00 h. Relocation expense $0.00 $0.00 $0.00 $0.00 i. Relocation payments to individuals and businesses $0.00 $0.00 $0.00 $0.00 j. Demolition and removal $0.00 $0.00 $0.00 $0.00 k. Construction and project improvement cost $0.00 $0.00 $0.00 $0.00 I. Equipment $0.00 $0.00 $0.00 $0.00 m. Miscellaneous cost $0.00 $0.00 $0.00 $0.00 n. Total cumulative to date (sum of lines a thru m) $48,982.00 $0.00 $0.00 $48,982.00 o. Deductions for program income $0.00 p. Net cumulative to date (Line n minus line o) $48,982.00 $0.00 $0.00 $48,982.00 q. Federal share to date $44,083.80 $0.00 $0.00 $44,083.80 r. Rehabilitation grants (100% reim- bursement) s. Total Federal share (sum of lines q and r) $44,083.80 $0.00 $0.00 $44,083.80 I. Federal payments previously re- quested $41,879.61 $0.00 $0.00 $41,879.61 u. Amount requested for reimbursement $2,204.19 $0.00 $0.00 $2,204.19 v. Percent of physical completion of project 100.0% 0.0% 0.0% 100.0% SIGNATURE OF AUTHORIZED CERTIFYING DATE REPORT SUBMITTED 12. CERTIFICATION OFFICIAL �R 0 CT � s 1993 certify that to the best of my knowledge a. RECIPIENT and belief the billed costs Or disburse- TYPL&D OR PRINTED NAACE AND TITLE TELEPHONE NO. ments are in accordance with the terms SCOTT L. HARRIS of the project and that the reimbursement TOWN SUPERVISOR (516) 765-1800 represents the Federal share due which has not been previously requested and SIGNATURE OF AUTHORIZED CERTIFYING DATE REPORT SUBMITTED that an inspection has been performed OFFICIAL and all work is in accordance with the b. Representative J terms of the award. certifying to line 11v. TYPED OR PRINTED NAME AND TITLE TELEPHONE NO. C&S ENGINEERS, INC. SHEILA M. FARLEY (315) 455-7981 GRANTS ADMINISTRATOR STANDARD FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. No. A-110 FISHERS ISLAND - ELIZABETH FIELD FAA AIP No. 3-36-0029-07-92 Runway 7-25 Overlay (Design) Invoice Date Invoice Amount 09/21/93 $ 2,449.13 $ 2,449.13 x 90% _ $2,204.19 FISHERS ISLAND - ELIZABETH FIELD RUNWAY 12-30 OVERLAY (Design) FISHERS ISLAND, NY F.A.A. AIP PROJECT NO. 3-36-0029-06-92 N.Y.S.D.O.T. PROJECT NO. 0913.06 SUMMARY OF FEDERAL ELIGIBLE PROJECT COSTS PROGRAM NO. 1 ----------------------------------------------- 09/27/93 211.006.001 FEDERAL GRANT ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE AGREEMENT AMOUNTS FEDERAL ELIGIBLE FEDERAL ELIGIBLE PARTICIPATING a. ADMINISTRATIVE EXPENSE ......................... $1,936.00 $1,936.00 $0.00 $0.00 b. PRELIMINARY EXPENSE ............................ $0.00 $0.00 $0.00 50.00 c. LAND, STRUCTURES, RIGHT-OF-WAY ................. $0.00 $0.00 $0.00 $0.00 d. ARCHITECTURAL ENGINEERING BASIC FEES........... $58,064.00 $58,064.00 $58,064.00 $0.00 e. OTHER ARCHITECTURAL ENGINEERING FEES........... $0.00 $0.00 $0.00 $0.00 f. PROJECT INSPECTION FEES ........................ $0.00 $0.00 $0.00 $0.00 g. LAND DEVELOPMENT ............................... $0.00 $0.00 $0.00 $0.00 h. RELOCATION EXPENSE ............................. $0.00 $0.00 $0.00 $0.00 i. RELOC PAYMENTS TO INDIV AND BUSINESSES......... $0.00 $0.00 $0.00 $0.00 . DEMOLITION AND REMOVAL ......................... $0.00 $0.00 $0.00 $0.00 k. CONSTRUCTION AND PROJECT IMPROVEMENT COST...... $0.00 $0.00 $0.00 $0.00 1. EQUIPMENT ...................................... $0.00 $0.00 $0.00 $0.00 m. MISCELLANEOUS COST ............................. $0.00 $0.00 $0.00 $0.00 -------------------------------------------------------------------------------------------------------------------------------------- TOTAL FEDERAL COSTS $60,000.00 $60,000.00 $58,064.00 $0.00 FISHERS ISLAND - ELIZABETH FIELD 09/27/93 RUNWAY 12-30 OVERLAY (Design) -------- FISHERS ISLAND, NY 211.006.001 ARCHITECTURAL ENGINEERING BASIC FEES ANALYSIS PROGRAM NO. 1 ----------------------------------------------- Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: ------------------------------------------------------------------------ 858,064.00 $54,098.00 $0.00 ------------------------------------------------------------------------ RETAINAGE BILLED: 09/21/93 82,903.20 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING * 11/17/92 814,516.00 $13,524.50 * 12/28/92 811,612.80 $10,819.60 $0.00 * 01/15/93 $11,612.80 $10,819.60 80.00 * 02/16/93 88,709.60 88,114.70 80.00 * 05/13/93 $2,903.20 82,704.90 80.00 * 06/17/93 82,903.20 82,704.90 80.00 * 07/21/93 82,903.20 82,704.90 80.00 * 09/15/93 82,903.20 $2,704.90 80.00 Ar' W-. .................................................... N. j .September 21, ....... ` '... `L '�D YY I V 6 UV ITIOLD, COUIM Oi VeJA�iS+1i�1i".3' ��e � qy h./�L o To ........... C..S..Engineers.:..Inc.................................... Claimant Address..1020 Seventh North Street Liverpool, NY 13088 Fed. I. D. No. .......... or Soc. Security No. ..................... The undersioned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. Dated ...... Se,ptembe.r 2.1, �g 93 .... .... ................... .................... Signature : P�C] Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEL! LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUN14AY 7-25 OVERLAY IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. FOR 100% RETAINAGE X $2,903.20 = $2,903.20 LESS PREVIOUS BILLINGS: TOTAL INVOICE: .00 $2,903.20 INV. DATE : 09/21/93 INVOICE # : 309128 PROJECT # : 211.006.001 CLIENT REF: 6C 30912S FIN 190-2b (10/71) STATE OF NEW YORK !Comptroller's I I AC 5033 ` DEPARTMENT OF TRANSPORTATION (Number I K- I I--------------- I----------------- Approved ---------------Approved State MUNICIPAL CORPORATION APPLICATION FOR PAYMENT ICertif.icate I I Comptroller (Number I TWO & FINAL I ---------------------------------------------------------------------------------------------------------------------------------------I (PAYEE (Name,Address and Zip Code) I FINANCIAL STATEMENT I (TOWN OF SOUTHOLD (COST OF WORK PERFORMED TO DATE: 09/15/93 I ITOWN HALL, 53095 MAIN ROAD I ! IP.O. BOX 1179 1 1. Total Expended $45,162.00 1 ISOUTHOLD, NY 11971 1 2. Less non -participating $0.00 1 1-------------------------------------------------------------------1 3. Eligible Cost $45,162.00 1 (Payee -Employer Identification No. I Org. Code 1 4. Less Federal Share $40,645.80 1 1 11-6003307 1 BOO 1 5. Project Cost $4,516.20 1 I-------------------------------------------------------------------1 6. 100% of Project Cost $4,516.20 1 I GRANT AGREEMENT 1 7. State Share at 50% $2,258.10 1 (State Number 0913.07 Max. State Amt. $2,550.00 1 B. Total prior requests $1,716.16 1 (Federal Number 3-36-0029-07-92 Max. Fed. Amt. $45,900.00 1 9. Amount requested $541.94 1 ---------------------------------------------------------------------------I I In accordance with the provisions of the Grant Agreement, the Municipal Corporation applies for payment as follows: I ---------------------------------- ----------------------1 I I A I B I C I D I E I F I G I t I ELIGIBLE I FEDERAL I PROJECT I PRIOR I CURRENT 1 95% OF I STATE FUNDS I I DESCRIPTION I COST I SHARE I COST I PROJECT I PROJECT I CURRENT I REQUESTED I I I INCURRED I I (A -B) I COSTS I COSTS (C -D) I COSTS* 1 (50% OF F)* I I------------------- I --------------- I --------------- I --------------- I ----- - -------I- ------------- I --------------- I --------- -------1 I EQUIPMENT 1 $0.00 1 $0.00 1 50.00 1 90.00 1 $0.00 1 $0.00 1 $0.00 1 1------------ ---I--------------- I --------------- I -------- - -------I------ ------- I --------------1 - -------I-------.--------I I LAND 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 ! ------------------- I --------------- I --------------- I --------------- I --------------- I --------------- I --------------I-----------------I I CONSTRUCTION 1 $0.00 1 $0.00 1 $0.00 1 90.00 1 $0.00 1 $0.00 1 $0.00 1 1--------------------I---------------I---------------I---------------I----------------I---------------I---------------I-----------------I I ENGINEERING 1 $45,162.00 1 $40,645.80 1 $4,516.20 1 $3,432.31 1 $1,083.89 1 $0.00 1 $541.94 1 1-------------------I---------------I---------------I---------------I---------------I---------------I---------------I-----------------I I OTHER 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 i------------------- I --------------- I --------------- I --------------- I--------------I---------------I---------------I----------------- I i 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 I------------------- I --------------- I --------------- I --------------- I --------------- I --------------- I --------------- I ----------------- I I ADMINISTRATION 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 1 1-------------------I---------------I---------------I---------------I---------------I---------------I---------------I-----------------I I TOTALS 1 $45,162.00 1 $40,645.80 1 $4,516.20 1 $3,432.31 1 $1,083.89 1 $0.00 1 $541.94 1 I------------------------------------------------------------------------------------------------------------------------------------i I *DO NOT USE COLUMN F WHEN REQUESTING FINAL PAYMENT FOR THE PROJECT I I-----------------------------------------------------------------------------------------------------------------------------------I I CERTIFICATION OF MUNICIPAL CORPORATION I II certify that according to my knowledge and belief all items and amounts shown on the face of this application for payment are I Icorrect, all work has been performed and or all materials supplied; that the contractors who have performed work on this project I (have complied with all of the provisions of Section 220 of the New York State Labor Law and that affidavits to that effect covering I ithe payroll period through 09/15/93 are in file in my office; that the foregoing is a true and correct statement I lof ro ct ount u to and including the last da of the period covered b this application. I I 1 J 1 �� P 9 Y P � Y PP 1 (Date: Signature: Title: TOWN SUPERVISOR I I------------------------------------------ ------ --------------------------------------------------------------------------------- I INEW YORK STATE USE Deduct Ineligible Items per Schedule Attached -$ __ I I Approved Amount $ I 1------------------------------------------------------------------------------------------------------------------------------------I (AVIATION DIVISION CERTIFICATION - DEPT. OF TRANSPORTATION (APPROVED AS TO FUNDS AVAILABLE I ITo the best of my knowledge and belief, this claim is correct and (AUDITS & ACCOUNTS BUREAU - DEPT. OF TRANSPORTATION I Ijust, and is approved for payment I I IDate By _.(Date _Ey I 1-------------------------------------------------------------------------------------------------------------------------------------I I I PROJECT NUMBER I REQUEST I PAYMENT I [Dept. of Transp. (State (Number (InterimI (Voucher Number (Federal IDate (Semi-final Final I I D.O.T. I I I I ENCUMBRANCE LIQUIDATION I I PROJECT IDENT. NO. I I I ACCOUNT I EXPENDED ICHAR I OBJ.1----------------- I ------------------ I I -------------------------- I S I I NUMBER I AMOUNT I I I CONTRACT I AMOUNT I FUNCTION I MAJOR I SUB I U I I I I I I NUMBER I I I I I F I I------------------------I-----------------I-----I-----I-----------------I-----------------I----------I-----------------I--------I----1 113 21122 31132 33134 35136 41142 51155 58160 1 65166 68169701 ! ------------------------ I ----------------- I ----- I ----- I ------------------ I ----------------- I ---------- I ----------- -------- -I I ' ' ' ' ' ' ' ' I I I 1 1 ' ' ' ' ' I 1 1 1701 1 ' ' ' I I I I I------------------------ I ----------------- I-----I-----I----------------- I ----------------- I ---------- I-------•----I-----I--------I -- I I ' ' ' ' ' ' ' ' I I I 1 1 ' ' ' ' ' I 1 1 1701 1 ' ' ' I I I I I------------------------I-----------------I-----I-----I----------------- I ----------------- I ---------- I-------•----I-----I--------I -- -I I ' ' ' ' ' ' ' ' I I I I I ' ' ' ' ' I 1 1 1701 1 ' ' ' I I I I I------------------------I-----------------I-----I-----I----------------- I ----------------- I ---------- I -----------I---- i --------I--- I I ' ' ' ' ' ' ' ' I 1 I I I ' ' ' ' ' I 1 1 1701 1 ' ' ' ► I I I ------------------------I-----------------I-----I-----I-----------------I----------------- I ---------- I------------I-----I-------- I ------' ' ' ' ' ' ' ' I I I I I ' ' ' ' ' I 1 1 1701 1 ' ' ' I I I I FISHER ISLAND AIRPORT -ELIZABETH FIELD 09/27/93 RUNWAY 7-25 OVERLAY (Design) -------- TOWN OF SOUTHOLD, NY 211.006 F.A.A. AIP PROJECT NO. 3-36-0029-07-92 N.Y.S.D.O.T. PROJECT NO. 0913.07 SUMMARY OF STATE ELIGIBLE PROJECT COSTS PROGRAM NO. 1 --------------------------------------------- ESTIMATED TOTAL COST ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE FEDERAL ELIGIBLE STATE ELIGIBLE STATE ELIGIBLE PARTICIPATING -------------------------- - a. EQUIPMENT ...................................... $0.00 $0.00 $0.00 $0.00 b. LAND ........................................... $0.00 $0.00 $0.00 $0.00 c. CONSTRUCTION ................................... $0.00 $0.00 $0.00 $0.00 d. ENGINEERING .................................... $48,982.00 $45,162.00 $45,162.00 $0.00 e. OTHER .......................................... $0.00 $0.00 $0.00 $0.00 f. ADMINISTRATION ................................. $2,018.00 $2,018.00 $0.00 50.00 -------------------------------------------------------------------------------------------------------------------------------------- TOTAL STATE COSTS $51,000.00 $47,180.00 $45,162.00 $0.00 WORK PERFORMED TO: 09/15/93 FISHER ISLAND AIRPORT -ELIZABETH FIELD 09/27/93 RUNWAY 7-25 OVERLAY (Design) -------- TOWN OF SOUTHOLD, NY 211.006 ARCHITECTURAL ENGINEERING BASIC FEES ANALYSIS PROGRAM NO. 1 ----------------------------------------------- Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: $48,982.00 $45,162.00 $0.00 RETAINAGE BILLED: 09/21/93 $2,449.13 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING * 12/28/92 $22,041.90 $20,322.90 * 01/15/93 $9,796.40 $9,032.40 $0.00 * 02/16/93 $7,347.30 $6,774.30 $0.00 04/09/93 $2,449.10 $2,258.10 $0.00 06/17/93 02,449.10 $2,258.10 $0.00 07/21/93 $2,449.10 $2,258.10 $0.00 09/15/93 $2,449.10 $2,258.10 $0.00 Account Number ............. Invoice #.30,4043..... Date... Ap.1zi1. 9.x ...19..03...... . TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: 13-51894 ................3......0 .............. CSS Engineers a Inc. Payee Reference: Address: .................................... 1020 Seventh North St. .. Phone No. (....)....................... Liverpool,. NY 1.3088............ Vendor Contact Cash Discount ..................% .........Days.................................... IItem Description of Material/ServiceI Quantity I Unit Amount No. Price Tota I Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof been paid, except as therein stated, and that the balance therein stated is actually due and owing C&S Engineer, , Inc. Dated............................. .19 .... Signat'ure TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT --fLi"ZABETH FIELD RUNWAY 7-25 OVERLAY IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 04/09/93 INVOICE # : 304043 PROJECT # : 211.006.002 CLIENT REF: FOR PROFESSIONAL SERVICES RENDERED THROUGH 03/26/93 TOTAL FEE AUTHORIZED 48,982.00 PERCENT COMPLETE AS OF 03/26/93 85.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE ** 41,634.70 39,185.60 2,449.10 122.46 2,326.64 BC 304043 C&S AIRPORT DIVISION STATUS REPQRT LARCH I99� AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 cas IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION TASK 1. Consultant Agreement Executed X X 2. Topographic Survey X 3. Subsurface Investigations & Laboratory Testing X 4. Soils Analysis & Report X 5. Pavement Section Design N/A 6. Horizontal Geometrics 100 1/93 7. Vertical Alignment 100 1/93 8. Grading Design 100 12/92 9. Drainage Design N/A 10. Lighting System Layout N/A 11. Electrical Power & Control Design 50 2/93 12. SEAR Review Process 90 3/93 13. Contract Drawing Preparation 70 3/93 14. Contract Specifications Preparation 90 3/93 15. Design Report Preparation 90 3/93 16. Final Quantity Calculations X 17. Preliminary Submittal 4/93 18. Final Submittal 4/93 19. Advertisement 4/93 20. Bid Opening Comments: Awaiting clients approval for location of Asphalt Plant. cas Account Number ............. Invoice #3,06073...... Date. 6/1,7/93,,,,,,,19,,,,,.,,,,, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: „13-53,18940 C&S Engineers Inc: Payee Reference: Address: .................................... 1020 Sevent}i North St ............ Phone No. (....)....................... Liverpool.,NY 13088 , , , . Vendor Contact Cash Discount .................. %......... Days .................................... Item Description of Material/Service Quantity UnitAmount No. I I I Price Total Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof hasp'en paid, except as therein stated, and that the balance therein stated is actually due and owing CFS Engineer Inc . Dated ........ Jwie . 1.7., ........... ,19 93.. X.. . Signature TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 7-25 OVERLAY IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. Q Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 06/17/93 INVOICE # : 306073 PROJECT # : 211.006.002 CLIENT REF: FOR PROFESSIONAL SERVICES RENDERED THROUGH 05/28/93 TOTAL FEE AUTHORIZED 48,982.00 PERCENT COMPLETE AS OF 05/28/93 90.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE ** 44,083.80 41,634.70 f}_,"• a/. 2,449.10-�`� 122.46 2,326.64 BC 306073 1 TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 7-25 OVERLAY IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. Q Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 06/17/93 INVOICE # : 306073 PROJECT # : 211.006.002 CLIENT REF: FOR PROFESSIONAL SERVICES RENDERED THROUGH 05/28/93 TOTAL FEE AUTHORIZED 48,982.00 PERCENT COMPLETE AS OF 05/28/93 90.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE ** 44,083.80 41,634.70 f}_,"• a/. 2,449.10-�`� 122.46 2,326.64 BC 306073 AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO. 211.006 Comments: Awaiting clients approval for location of Asphalt Plant & SEOR approval IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION TASK X 1. Consultant Agreement Executed X 2. Topographic Survey X 3. Subsurface Investigations & Laboratory Testing X 4. Soils Analysis & Report X 5. Pavement Section Design N/A 6. Horizontal Geometrics X 7. Vertical Alignment X 8. Grading Design X 9. Drainage Design N/A 10. Lighting System Layout N/A 11. Electrical Power & Control Design 75 7/93 12. SEAR Review Process 90 6/93 13. Contract Drawing Preparation 75 6/93 14. Contract Specifications Preparation 90 6/93 15. Design Report Preparation 90 6/93 16. Final Quantity Calculations X 17. Preliminary Submittal 6/93 18. Final Submittal 6/93 19. Advertisement 7/93 20. Bid Opening Comments: Awaiting clients approval for location of Asphalt Plant & SEOR approval i - Account Number ............. Invoice #... 30.7.453... Date....?.19........... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: ........... 13-5318940 ............. C$S Engineers t Inc. , , , , , Payee Reference: Address: .................................... 1020 Seventh North St Phone No. (.... )....................... Liverpool NY 13088 Vendor Contact 1 Cash Discount ..................% .........Days.................................... I ItemI Description of Material/Service I Quantity I Unit I Amount I No. Price Total Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing f 'C&S Engineerls� Inc. Dated ......Jed 1 1..21 .................19 9 3.. X.. � ....... ? . . Signature s CBS Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-980;3 TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 7-25 OVERLAY DESIGN SERVICES IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. INV. DATE : 07/21/93 INVOICE # : 307053 PROJECT # : 211.006.002 CLIENT REF: FOR PROFESSIONAL SERVICES RENDERED THROUGH 07/02/93 TOTAL FEE AUTHORIZED 48,982.00 PERCENT COMPLETE AS OF 07/02/93 95.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE ** 0-1� 46, 532.90 44,083.80 2,449.10 122.46 2,326.64 NEI v. . 16 AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROTECT NO: 211.006 IN PROGRESS COMPLETED (% COMPLETE) X X X ►1 95 95 SCHEDULED DATE OF COMPLETION Comments: Awaiting clients approval to bid the project. 6/93 6/93 7/93 7/93 TASK 1. Consultant Agreement Executed 2. Topographic Survey 3. Subsurface Investigations & Laboratory Testing 4. Soils Analysis & Report 5. Pavement Section Design 6. Horizontal Geometrics 7. Vertical Alignment 8. Grading Design 9. Drainage Design 10. Lighting System Layout 11. Electrical Power & Control Design 12. SEAR Review Process 13. Contract Drawing Preparation 14. Contract Specifications Preparation 15. Design Report Preparation 16. Final Quantity Calculations 17. Preliminary Submittal 18. Final Submittal 19. Advertisement 20. Bid Opening s - .i .......... ......................................... I MY ............................. 19 ...... fl�r TOWN OF SOUT HOLD, COUP OF SUFFOLK, N. 19 Dr. To.......ng ............................ ............Claimant Address...ver,2oolNY.. A3 §8 Fed. I. D. No. ,13 ;531890 .............. or Soc. Security No. ...................... The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. Dated ...... .�A..ember..ls............ 199.3....... ................................................ .................. Signature TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEty! LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 7-25 OVERLAY IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. FOR PROFESSIONAL SERVICES RENDERED FROM 07/03/93 THROUGH 09/03/93 TOTAL FEE AUTHORIZED PERCENT COMPLETE AS OF 09/03/93 (zEiz Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 09/15/93 INVOICE # : 309065 PROJECT # : 211.006.002 CLIENT REF: 48,982.00 100.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE ** 48,982.00 46,532.90 2,449.10 122.46 2,326.64 BC 309005 aas�.Ib September 211 _ 193 .................................................... N. Y.,. .... 9 ..........0 & S Engineers, Inc. ....................................................................... claimaRt t Liverpool, NY 13088 �ifl U t'ESS....1020 ......... Seventh ....... North Stree ............................................................. Fed. I. D. No. U-.5.Z.U.9.3. Q........ or Soc. Security No. ................... The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. Dated ......September 21, 19 93 J ................................. ................ Signature TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 7-25 OVERLAY IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. FOR 100% RETAINAGE X $2,449.13 = (i�(ItNgz Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 $2,449.13 LESS PREVIOUS BILLINGS: _ .00 TOTAL INVOICE: _ $2,449.13 INV. DATE 09/21/93 INVOICE # 309129 PROJECT # 211.006.002 CLIENT REF: FIN ?b (1(e71) STATE OF NEW YORK (Comptroller's I I AC 5033 DEPARTMENT OF TRANSPORTATION (Number I K- I--------------- Approved State MUNICIPAL CORPORATION APPLICATION FOR PAYMENT (Certificate I ----------------- I I Comptroller ----------------------------------------------------------------------------------------- (Number I TWO & FINAL I IPAYEE (Name,Address and Zip Code) --------------------------------------------- I FINANCIAL STATEMENT I ITOWN OF SOUTHOLD ICOST OF WORK. PERFORMED TO DATE: 09/15/93 ITOWN HALL, 53095 MAIN ROAD I IP.O. BOX 1179 1 1. Total Expended $54,098.00 1 ISOUTHOLD, NY 11971 1 2. Less non -participating $0.00 1 1--------------------------------------------------------------------1 3. Eligible Cost $54,098.00 1 (Payee -Employer Identification No. I Org. Code 1 4. Less Federal Share $48,688.20 1 I 11-6003307 1 BOO 1 5. Project Cost $5,409.80 1 --------------------------------------------------------------------1 6. 1001 of Project Cost $5,409.80 1 i GRANT AGREEMENT 1 7. State Share at 751 $4,057.35 1 (State Number 0913.06 Max. State Amt. $4,500.00 1 B. Total prior requests $3,083.59 1 (Federal Number 3-36-0029-06-92 Max. Fed. Amt. $54,000.00 I----------------------------------------------------------------------------------------------------------- 1 9. Amount requested $973.76 1 I In accordance with the provisions of the Grant Agreement, I--------------------------------------------------------------------------------------------------- the Municipal Corporation applies for payment as follows: I I I A I B I C I D I E I F I G I I I ELIGIBLE I FEDERAL I PROJECT I PRIOR I CURRENT 1 951 OF I STATE FUNDS I I DESCRIPTION I COST I SHARE I COST I PROJECT I PROJECT I CURRENT I REQUESTED I I I INCURRED I I (A -B) I------------------- I --------------- I --------------- I COSTS I COSTS (C -D) I COSTS* 1 (751 OF F)* I I --------------- I EQUIPMENT 1 $0.00 1 $0.00 1 $0.00 I -------------------I--------------- I --------------- I --------------- I---- --- ---I ------------- I ------ -------- 1 $0.00 1 $0.00 1 $0.00 I -------------- --- I 1 $0.00 1 I LAND I $0.00 1 $0.00 1 $0.00 I------------------I--------------I---------------I----- I --------------- I---------------I--------------I----------------- 1 $0.00 1 $0.00 1 $0.00 I 1 $0.00 1 --------I--------..------ I CONSTRUCTION 1 $0.00 1 $0.00 1 $0.00 1--.. ---------------- I---------------I---------------I---------------I---------------I---------------I---------------I-----------------I I --------------- I --------------- 1 $0.00 1 $0.00 1 $0.00 1 I ----------------- I $0.00 1 I ENGINEERING 1 $54,098.00 1 $48,688.20 1 $5,409.80 I-------------------i--------------- I --------------- I --------------- 1 $4,111.45 1 $1,298.35 1 $0.00 1 $973.76 I I OTHER I $0.00 1 $0.00 1 $0.00 -------------------I--------------- I --------------- I --------------- I --------------- i -------------- I --------------- I 1 $0.00 1 $0.00 1 $0.00 1 ----------------- I $0.00 1 I $0.00 1 $0.00 1 $0.00 I -------------------I--------------- I --------------- I --------------- I --------------- I --------------- I 1 $0.00 1 $0.00 1 $0.00 1 --------- -------I $0.00 1 I --------------- I ADMINISTRATION 1 $0.00 1 $0.00 1 $0.00 1 ------------------- I --------------- I --------------- I --------------- I --------------- I --------------- I --------------- 1 $0.00 1 $0.00 1 $0.00 1 I ----------------- I $0.00 1 I TOTALS 1 $54,098.00 1 $48,688.20 1 $5,409.80 I----------------------------------------------------------------------------- I --------------- I --------------- I ---------------- I 1 $4,111.45 1 $1,298.35 1 $0.00 1 ----------------- I $973.76 1 1 *DO NOT USE COLUMN F WHEN REQUESTING I------------------------------------------------------------------------------ FINAL PAYMENT FOR THE PROJECT i CERTIFICATION OF MUNICIPAL ----------------------- CORPORATION ---- 1 II certify that according to my knowledge and belief all items and amounts shown on the face of this application for payment are I (correct, all work has been performed and or all materials supplied; that the contractors who have performed work on this project I (have complied with all of the provisions of Section 220 of the New York State Labor Law and that affidavits to that effect covering I Ithe payroll period through 09/15/93 are in file in my office; that the foregoing is a true and correct statement I lof the project account up to and including the last day of the period covered by this application. I 1 0 � i 1 9 1993 � (Date: ' � � I Signature:.& _T y T / I------------- - -------------------------------------------- Title: TOWN SUPERVISOR I INEW YORK STATE USE Deduct Ineligible Items per Schedule Attached -$ I I Approved Amount I-------------------------------------------------------------------------------------------------------------------------------------- $ I _ 1AVIATION DIVISION CERTIFICATION - DEPT. OF TRANSPORTATION (APPROVED AS TO FUNDS AVAILABLE ITo the best of my knowledge and belief, this claim is correct and (AUDITS & ACCOUNTS BUREAU - DEPT. OF TRANSPORTATION I Ijust, and is approved for payment I I (Date By I----------------------------------------------------------------------------------------------------------- (Date By I I PROJECT NUMBER I REQUEST I PAYMENT I (Dept. of Transp. IState (Number (Interim_ I (Voucher Number (Federal _ I IDate (Semi-final_ Final I I I D.O.T. I i I I ENCUMBRANCE LIQUIDATION I I PROJECT IDENT. NO. I I I ACCOUNT I EXPENDED ICHAR I OBJ.1----------------- I ----------------- I I--------------------------1 S I i NUMBER I AMOUNT I I I CONTRACT I AMOUNT I FUNCTION I MAJOR I SUB I U I 1 I I I I NUMBER I------------------------I-----------------I-----I-----I-----------------I-----------------I----------I-----------------I--------I----1 I I I I I F I 113 21122 31132 33134 35136 1 ------------------------ i----------------- I-----I----I-----------------I----------------- 41142 51155 58160 1 I ---------- I-----------I- 65166 68169701 i I I I I I,,,, I------------------------I-----------------I-----I-----i-----------------I------------------ , I 1 1 1701 1''' I I ---------- ---I--------I - --I I I I I I I I I'''',( I------------------------I-----------------I-----I-----I-----------------I----------------- I-----------I- 1 1 1701 1' i' I I ---------- ---I---------I----I I,, I i I I I I I,''' I------------------------I-----------------I-----I-----I-----------------I----------------- I-----------I-----I--------I ' I 1 1 1701 1,' ' I I ---------- -I I,, I I I I I I I', ' ', I------------------------I-----------------I-----I-----I-----------------I----------------- I -----------I- I 1 1 1701 1''' I I ---------- --I--------I- --I I,, I I I I I i I1'' 1 I-----------I-- 1 1 1 1 1701 1 --I--------I - -I FISHERS ISLAND - ELIZABETH FIELD 09/27'93 RUNWAY 12-30 OVERLAY (Design) -------- FISHERS ISLAND, NY 211.006.001 F.A.A. AIP PROJECT NO. 3-36-0029-06-92 N.Y.S.D.O.T. PROJECT NO. 0913.06 SUMMARY OF STATE ELIGIBLE PROJECT COSTS PROGRAM NO. 1 --------------------------------------------- ESTIMATED TOTAL COST ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE -------------------------------------------------------------------------------------------------------------------------------------- FEDERAL ELIGIBLE STATE ELIGIBLE STATE ELIGIBLE PARTICIPATING a. EQUIPMENT ...................................... $0.00 $0.00 $0.00 $0.00 b. LAND ........................................... $0.00 $0.00 $0.00 $0.00 c;. CONSTRUCTION ................................... $0.00 $0.00 $0.00 50.00 d. ENGINEERING .................................... $58,064.00 $54,098.00 $54,098.00 $0.00 e. OTHER ........................................... 50.00 $0.00 $0.00 $0.00 �. ADMINISTRATION...... ............................ 51,936.00 $1,936.00 $0.00 $0.00 --------------------------------------------------------------------------------------------------------------------------------------- TOTAL STATE COSTS $60,000.00 $56,034.00 $54,098.00 $0.00 WORK PERFORMED TO: 09/15/93 :- FISHERS ISLAND - ELIZABETH FIELD 09/27/93 RUNWAY 12-30 OVERLAY (Design) -------- FISHERS ISLAND, NY 211.006.001 ARCHITECTURAL ENGINEERING BASIC FEES ANALYSIS PROGRAM NO. 1 ----------------------------------------------- Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: ------------------------------------------------------------------------ $58,064.00 $54,098.00 80.00 ------------------------------------------------------------------------ RETAINAGE BILLED: 09/21/93 $2,903.20 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING * 11/17/92 $14,516.00 $13,524.50 * 12/28/92 $11,612.80 810,819.60 $0.00 * 01/15/93 $11,612.80 810,819.60 $0.00 * 02/16/93 $8,709.60 88,114.70 $0.00 05/13/93 82,903.20 $2,704.90 80.00 06/17/93 82,903.20 82,704.90 80.00 07/21/93 $2,903.20 $2,704.90 $0.00 09/15/93 $2,903.20 82,704.90 80.00 i Account Number ............. Invoice #,3.Q500.3...... Date.. MY. .19.. PA ....... I TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: ............. CF,S Engineers t Inc. , , Payee Reference: Address: .................................... 1020 Seventh North St. , , Phone No. {....)....................... Liverpool NY .13088.......... , , Vendor Contact Cash Discount ..................% .........Days.................................... I tem No. Description of Material/Service QuantityI Unit I Amount Price Total 2,758 .0 Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as th in stated, and that the balance therein stated is actually due and owing C I S EngineInc. h1ay13 .......1993 ..... Dated ......�.............. Signature L TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 12-30 OVERLAY DESIGN SERVICES FOR PROFESSIONAL SERVICES RENDERED THROUGH 04/30/93 Q Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 05/13/93 INVOICE # : 305063 PROJECT # : 211.006.001 CLIENT REF: TOTAL FEE AUTHORIZED 58,064.00 PERCENT COMPLETE AS OF 04/30/93 85.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE ** 49,354.40 46,451.20 2,903.20 145.16 2,758.04 BC 305063 C&S AIRPORT DIVISION .......................................................................................................................... .......................................................................................................................... .......................................................................................................................... .......................................................................................................................... ........... .................................................:........................................................................ ............................ .......................................................................................................................... .......................................................................................................................... .......................................................................................................................... .......................................................................................................................... C � hilAr, h, - : - Engineers, Inc. 1020Se e t v n h North Street, o get - Liverpool, New o 1 3088 6 99 315 4 7 ( ) 5 6711 Fax (315) 457-9803 AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION TASK X 1. Consultant Agreement Executed X 2. Topographic Survey X 3. Subsurface Investigations & Laboratory Testing X 4. Soils Analysis & Report X 5. Pavement Section Design N/A 6. Horizontal Geometries 100 1/93 7. Vertical Alignment 100 1/93 8. Grading Design 100 12/92 9. Drainage Design N/A 10. Lighting System Layout N/A 11. Electrical Power & Control Design 50 2/93 12. SEQR Review Process 90 3/93 13. Contract Drawing Preparation 70 3/93 14. Contract Specifications Preparation 90 3/93 15. Design Report Preparation 90 3/93 16. Final Quantity Calculations X 17. Preliminary Submittal 6/93 18. Final Submittal 6/93 19. Advertisement 7/93 20. Bid Opening Comments: Awaiting clients approval for location of Asphalt Plant. Account Number ............. Invoice #..306072 , , , , Date.. 6 /17, . , , , . 19.93 .. , . , . , TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: 13-5 ................3.....1894.0 .............. Engineers t Inc. , , , , , Payee Reference: Address: .................................... 1020 Seventh North St ............ Phone No. (....)....................... Liverpool NY 13088 , , , , Vendor Contact Cash Discount :..................% .........Days.................................... Item Description of Material/Service Quantity UnitAmount No. I I I Price Total Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has een paid, except as therein stated, and that the balance therein stated is actually due and owing Ci,S Engineer nc. Dated......June.....................19 93.. X.. . . Signature TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 12-30 OVERLAY DESIGN SERVICES Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 06/17/93 INVOICE # : 306072 PROJECT # : 211.006.001 CLIENT REF: FOR PROFESSIONAL SERVICES RENDERED THROUGH 05/28/93 TOTAL FEE AUTHORIZED 58,064.00 PERCENT COMPLETE AS OF 05/28/93 90.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE 52,257.60 49,354.40 s 2,903.20 145.16 AMOUNT DUE THIS INVOICE ** 2,758.04 BC 306072 AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION TASK X 1. Consultant Agreement Executed X 2. Topographic Survey X 3. Subsurface Investigations & Laboratory Testing X 4. Soils Analysis & Report X 5. Pavement Section Design N/A 6. Horizontal Geometrics X 7. Vertical Alignment X 8. Grading Design X 9. Drainage Design N/A 10. Lighting System Layout N/A 11. Electrical Power & Control Design 75 7/93 12. SEOR Review Process 90 6/93 13. Contract Drawing Preparation 75 6/93 14. Contract Specifications Preparation 90 6/93 15. Design Report Preparation 90 6/93 16. Final Quantity Calculations X 17. Preliminary Submittal 6/93 18. Final Submittal 6/93 19. Advertisement 7/93 20. Bid Opening Comments: Awaiting clients annroval for location of Asphalt Plant & SEOR approval .................................................... MY ......... Ju l.y.. 21.......1 D 9 3 .. TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. To. , . C & S ..Engineers. . . . .., ... Inc .......................................... Claimant .............. Address... I.Q2Q..7.t)I. j Qrth„Street,,,,Liverpp2k, NY..13088... Fed. 1. D. No. .1, „5 18 9 4.0 ........... or Soc. Security No . ........................ The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereofa� been paid, except as thein stated, and that the balance therein stated is actually due and owing. Dated ......................19....9...... ................. `.�. . ....... ........... Signature ...._.... _.__ -k t TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 12-30 OVERLAY DESIGN SERVICES Y Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 07/21/93 INVOICE # : 030752 PROJECT # : 211.006.001 CLIENT REF: FOR PROFESSIONAL SERVICES RENDERED THROUGH 07/02/93 TOTAL FEE AUTHORIZED 58,064.00 PERCENT COMPLETE AS OF 07/02/93 95.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE 0 55,160.80 e�"JfbL2' 52,257.60 2,903.20 145.16 f AMOUNT DUE THIS INVOICE ** 2,758.04 BC 030752 AIRPORT: Elizabeth Field PROJECT. Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 X IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION TASK X 1. Consultant Agreement Executed X 2. Topographic Survey X 3. Subsurface Investigations & Laboratory Testing X 4. Soils Analysis & Report X 5. Pavement Section Design X 6. Horizontal Geometrics X 7. Vertical Alignment X 8. Grading Design X 9. Drainage Design N/A 10. Lighting System Layout N/A 11. Electrical Power & Control Design X 12. SEQR Review Process X 13. Contract Drawing Preparation 95 6/93 14. Contract Specifications Preparation X 15. Design Report Preparation 95 6/93 16. Final Quantity Calculations X 17. Preliminary Submittal X 18. Final Submittal 7/93 19. Advertisement 7/93 20. Bid Opening Comments: Awaitine clients approval to bid the Project ,t TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 12-30 OVERLAY DESIGN SERVICES FOR PROFESSIONAL SERVICES RENDERED FROM 07/03/93 THROUGH 09/03/93 TOTAL FEE AUTHORIZED PERCENT COMPLETE AS OF 09/03/93 (LBO Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 09/15/93 INVOICE # : 309063 PROJECT # : 211.006.001 CLIENT REF: 58,064.00 100.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE LESS 5Ia RETAINAGE 58,064.00 55,160.80 2,903.20 145.16 AMOUNT DUE THIS INVOICE ** 2,758.04 BC 309063 .. N. Y.eptember21......1.95 ............................................ OF S0UT110LD, C0UTMI OF iSJIT' x OF E, N. ``�'., �•. To ........... C..S..Engineers.:..Inc...................................claimant Addi'@SS.,1020 Seventh North Street Liverpool: NY 13088 Fed. I. D. No. U -.5,3.x, $ 9.3. Q.......... or Soc. Security No. ..................... The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. Dated ...... Se.ptembe.r...2.1 ...........Ig,_.93 ..... .... ..... :............. .. ..................... Signature t • ' TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUN14AY 7-25 OVERLAY IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. FOR 100% RETAINAGE X $2,903.20 = a , Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 $2,903.20 LESS PREVIOUS BILLINGS: _ .00 TOTAL INVOICE: _ $2,903.20 INV. DATE : 09/21/93 INVOICE # : 309128 PROJECT # : 211.006.001 CLIENT REF: BC 30912S JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER 'Q41 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 6, 1993 Sheila M. Farley Grants Administrator CSS Engineers, Inc. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Fishers Island - Elizabeth Field Runway 7-25 Overlay (Design) Runway 12-30 Overlay (Design) Dear Ms. Farley: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Transmitted herewith are four (4) executed copies of partial payment request No. FIVE with regard to Runway 7-25 Overlay (Design), and four (4) executed copies of partial payment request No. FIVE with regard to Runway 10-25 Overlay (Design). Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Accounting S Finance JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 5, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute Outlay Report and Request for Reimbursement for Construction Programs to the Federal Aviation Administration for partial payment No. Five, in the amount of $4,187.96, for Fishers Island, Elizabeth Field, Runway 7-25 Overlay (Design), and partial payment No. Five, in the amount of $4,964.47, for Fishers Island, Elizabeth Field, Runway 12-30 Overlay (Design), all in accordance with the recommendation and approval of C&S Engineers, Inc., the Town's engineering consultants for the project. Judith T. Terry Southold Town Clerk October 6, 1993 (-fJV D To: Ms. Judith Terry Town Clerk Town of Southold Town Hall 53095 Main Road, PO Box 1179 Southold, NY 11971 Attention: Enclosed please find the following: cas Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Re: Fishers Island - Elizabeth Field Runway 7-25 Overlay (Design) FAA AIP No. 3-36-0029-07-92 Runway 12-30 Overlay (Design) FAA AIP No. 3-36-0029-06-92 File: 211 Date: 20 -Sep -93 - Five copies of partial payment request No. FIVE (Form 271) with attached backup documentation for your review and signature. - Five copies of partial payment request No. FIVE (Form 271) with attached backup documentation for your review and signature. Remarks: Please have Mr. Harris sign four copies of Form 271 for each project and return to me for distribution. Keep one copy of the form with the attached backup documentation for your files. If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Enclosures cc: Mr. R. Philip Knauff heila M. Farley Grants Administrator approved by Office of Management and PAGE OUTLAY REPORT AND REQUEST FOR REIMBURSE- Budget No. 80-RO181 1 1 OF 1 PAGES M ENT FOR CONSTRUCTION PROGRAMS 1. TYPE OF REQUEST 2. BASIS OF REQUEST ❑ FINAL ® PARTIAL ® CASH ❑ ACCRUAL 3. 4. FEDERAL GRANT OR OTHER 5. PARTh PAYMERT REQUEST NO. WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED BY FEDERAL AGENCY FIVE Federal Aviation Administration - N.Y.A.D.O. 3-36-0029-07-92 6. EMPLOYER IDENTIFICATION NO. 7. RECIPIENT ACCOUNT OR OTHER PERIOD COVERED BY THIS REPORT IDENTIFYING NUMBER FROM (Month, day, year) TO (Month, day, year) 11-6003307 N/A 6/17/93 1 9/15/93 9. RECIPIENT ORGANIZATION PROGRAMS - FUNCTIONS - ACTIVITIES 1o. PAYEE (Where check should be sent if different than Item 9) Name: TOWN OF SOUTHOLD (c) Name: TOWN HALL, 53095 MAIN ROAD RUNWAY 7-25 No. and P.O. BOX 1179 No. and Street: SOUTHOLD, NY 11971 street: city, $0.00 $0.00 City, State and $0.00 $0.00 State and ZIP Code: c. Land, structures, right-of-way $0.00 ZIP Code: 11 _ $0.00 STATUS OF FUNDS stANUAHU FUM 271 V-76) Prescribed by Office of Management and Budget Cir. No. A-110 PROGRAMS - FUNCTIONS - ACTIVITIES (� (b) (c) CLASSIFICATION RUNWAY 7-25 TOTAL OVERLAY (Design) a. Administrative expense $0.00 $0.00 $0.00 $0.00 b. Preliminary expense $0.00 $0.00 $0.00 $0.00 c. Land, structures, right-of-way $0.00 $0.00 $0.00 $0.00 d. Architectural engineering basic fees $46,532.90 $0.00 $0.00 $46,532.90 e. Other architectural engineering fees $0.00 $0.00 $0.00 $0.00 f. Project inspection fees $0.00 $0.00 $0.00 $0.00 g. Land development $0.00 $0.00 $0.00 $0.00 h. Relocation expense $0.00 $0.00 $0.00 $0.00 i. Relocation payments to individuals and businesses $0.00 $0.00 $0.00 $0.00 j. Demolition and removal $0.00 $0.00 $0.00 $0.00 k. Construction and project improvement cost $0.00 $0.00 $0.00 $0.00 I. Equipment $0.00 $0.00 $0.00 $0.00 IT. Miscellaneous cost $0.00 $0.00 $0.00 $0.00 n. Total cumulative to date (sum of lines a thru m) $46,532.90 $0.00 $0.00 $46,532.90 o. Deductions for program income $0.00 p. Net cumulative to date (Line n minus line o) $46,532.90 $0.00 $0.00 $46,532.90 q. Federal share to date $41,879.61 $0.00 $0.00 $41,879.61 r. Rehabilitation grants (100% reim- bursement) s. Total Federal share (sum of lines q and r) $41,879.61 $0.00 $0.00 $41,879.61 t. Federal payments previously re- quested $37,691.65 $0.00 $0.00 $37,691.65 u. Amount requested for reimbursement $4,187.96 $0.00 $0.00 $4,187.96 v. Percent of physical completion of project 91.2%1 0.0% 0.0% 91.2% SIGNATURE OF AUTHOHiZED GER fiFYINU DATE REPORT a'UBMi T iED 12. CERTIFICATION O7��'' I certify that to the best of my knowledge a. RECIPIENT C- O C T 5 1993 and belief the billed costs Or disburse- TYPED OR PRINTED NAME AND TITLE TELEPHONE NO. ments are in accordance with the terms SCOTT L. HARRIS of the project and that the reimbursement TOWN SUPERVISOR (516) 765-1800 represents the Federal share due which has not been previously requested and SIGNATURE OF AUTHORIZED CERTIFYING DATE REPORT SUBMITTED that an inspection has been performed OFFICIAL and all work is in accordance with the b. Representative 9terms of the award. certifying to line11v. ITELPHOL ED OR PRINTED NAME ANDTITLE O. C&S ENGINEERS, INC. SHEILA M. FARLEY (315) 455-7981 GRANTS ADMINISTRATOR stANUAHU FUM 271 V-76) Prescribed by Office of Management and Budget Cir. No. A-110 FISHER ISLAND AIRPORT -ELIZABETH FIELD RUNWAY 7-25 OVERLAY (Design) TOWN OF SOUTHOLD, NY F.A.A. AIP PROJECT NO. 3-36-0029-07-92 N.Y.S.D.O.T. PROJECT NO. 0913.07 SUMMARY OF FEDERAL ELIGIBLE PROJECT COSTS PROGRAM NO. 1 ----------------------------------------------- 211.006 09/17/93 FEDERAL GRANT ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE AGREEMENT AMOUNTS FEDERAL ELIGIBLE FEDERAL ELIGIBLE PARTICIPATING --- ---------------------------- a. ADMINISTRATIVE EXPENSE ......................... $2,018.00 $2,018.00 $0.00 $0.00 b. PRELIMINARY EXPENSE ............................ $0.00 $0.00 $0.00 $0.00 c. LAND, STRUCTURES, RIGHT-OF-WAY ................. $0.00 $0.00 $0.00 $0.00 d. ARCHITECTURAL ENGINEERING BASIC FEES........... $48,982.00 $48,982.00 $46,532.90 $0.00 e. OTHER ARCHITECTURAL ENGINEERING FEES........... $0.00 $0.00 $0.00 $0.00 f. PROJECT INSPECTION FEES ........................ $0.00 $0.00 $0.00 $0.00 g. LAND DEVELOPMENT ............................... $0.00 $0.00 $0.00 $0.00 h. RELOCATION EXPENSE ............................. $0.00 $0.00 $0.00 $0.00 i. RELOC PAYMENTS TO INDIV AND BUSINESSES......... $0.00 $0.00 $0.00 $0.00 j. DEMOLITION AND REMOVAL ......................... $0.00 $0.00 $0.00 $0.00 k. CONSTRUCTION AND PROJECT IMPROVEMENT COST...... $0.00 $0.00 $0.00 $0.00 1. EQUIPMENT ...................................... $0.00 $0.00 $0.00 $0.00 m. MISCELLANEOUS COST ............................. $0.00 $0.00 $0.00 $0.00 -------------------------------------------------------------------------------------------------------------------------------------- TOTAL FEDERAL COSTS $51,000.00 $51,000.00 $46,532.90 $0.00 FISHER ISLAND AIRPORT -ELIZABETH FIELD 09/17/93 RUNWAY 7-25 OVERLAY (Design) -------- TOWN OF SOUTHOLD, NY 211.006 ARCHITECTURAL ENGINEERING BASIC FEES ANALYSIS PROGRAM NO. 1 ----------------------------------------------- Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: $46,532.90 845,162.00 80.00 LESS RETAINAGE: 82,449.10 SUBTOTAL: 848,982.00 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING * 12/28/92 822,041.90 820,322.90 * 01/15/93 89,796.40 89,032.40 80.00 * 02/16/93 87,347.30 86,774.30 80.00 * 04/09/93 82,449.10 82,258.10 80.00 * 06/17/93 82,449.10 82,258.10 80.00 07/21/93 $2,449.10 82,258.10 80.00 09/15/93 82,449.10 82,258.10 $0.00 1 .................................................... MY ............................. 19 ...... fl�� TOWN OF SOUTHOLD, COUP OF SUFFOLK, N. Y., Dr. To....... . ........................................Claimant Atedress... AO Q.,Sf�,yef}th.,North Street Liverpool .,NY 13088 Fed. I. D. No. ,13 ;531890 .............. or Soc. Security No. ...................... The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. Dated ...... ............199.3....... ....Gx...'j............. .................. .................. Signature TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 7-25 OVERLAY IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. FOR PROFESSIONAL SERVICES RENDERED FROM 07/03/93 THROUGH 09/03/93 TOTAL FEE AUTHORIZED PERCENT COMPLETE AS OF 09/03/93 Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 09/15/93 INVOICE # : 309065 PROJECT # : 211.006.002 CLIENT REF: 48,982.00 100.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE 48,982.00 46,532.90 2,449.10 122.46 AMOUNT DUE THIS INVOICE ** 2,326.64 EC 30900'5 �jpl �Il� aa5�.ib 1 Account Number ............. Invoice #... 30.7.Q53... Date....7/AUS 3....19........... � TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: 13-5318940 .................................... C$S Engineers, Inc . , . Payee Reference: Address: .................................... 1020 Seventh North St , , , Phone No. (....)....................... Liverpool. NY 1.3088. , , . , , Vendor Contact Cash Discount ..................% .........Days.................................... Item Description of Material/Service Quantity Unit Amount No. Price Total Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing �`C$S Engineer-, � Inc. Dated ...... Jij1y..21 .................19 93.. X ,.. Signature TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 7-25 OVERLAY DESIGN SERVICES IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. CBS Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457.6711 Fax (315) 457-9803 INV. DATE : 07/21/93 INVOICE # : 307053 PROJECT # : 211.006.002 CLIENT REF: FOR PROFESSIONAL SERVICES RENDERED THROUGH 07/02/93 TOTAL FEE AUTHORIZED 48,982.00 PERCENT COMPLETE AS OF 07/02/93 95.00% pi -.5 FEE EARNED TO DATE 46, 532.90 '}CII de - LESS PREVIOUS BILLINGS * 44,083.80 TOTAL THIS INVOICE ** LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE ** 2,449.10 122.46 2,326.64 AN a , 0('j 1 � AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 IN PROGRESS COMPLETED (% COMPIZM X X X X X X X X X NA NA X X X X X 95 95 SCHEDULED DATE OF COMPLETION 6193 6/93 7/93 7/93 TASK 1. Consultant Agreement Executed 2. Topographic Survey 3. Subsurface Investigations & Laboratory Testing 4. Soils Analysis & Report 5. Pavement Section Design 6. Horizontal Geometrics 7. Vertical Alignment 8. Grading Design 9. Drainage Design 10. Lighting System Layout 11. Electrical Power & Control Design 12. SEAR Review Process 13. Contract Drawing Preparation 14. Contract Specifications Preparation 15. Design Report Preparation 16. Final Quantity Calculations 17. Preliminary Submittal 18. Final Submittal 19. Advertisement 20. Bid Opening Comments: Awaiting, clients approval to bid the project.- -- Approved by Office of Management and PAGE OUTLAY REPORT AND REQUEST FOR REIMBURSE -Budget No. 80-RO181 1 1 OF 1 PAGES MENT FOR CONSTRUCTION PROGRAMS 1. TYPE OF REQUEST 2. BASIS OF REQUEST 11 FINAL ® PARTIAL ® CASH ❑ ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMERM 4. FEDERAL GRANT OR OTHER 5. UEST NO. WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED BY FEDERAL AGENCY FIVE Federal Aviation Administration - N.Y.A.D.O. 3-36-0029-06-92 6. EMPLOYER IDENTIFICATION NO. 7. RECIPIENT ACCOUNT OR OTHER PERIOD COVERED BY THIS REPORT IDENTIFYING NUMBER FROM (Month, day, year) TO (Month, day, year) 11-6003307 N/A 5/28/93 9/15/93 9. RECIPIENT ORGANIZATION PROGRAMS - FUNCTIONS - ACTIVITIES 10. PAYEE (Whore check should be sent If different than item 8) Name: TOWN OF SOUTHOLD (c) Name: TOWN HALL, 53095 MAIN ROAD RUNWAY 12-30 No. and P.O. BOX 1179 No. and Street. SOUTHOLD, NY 11971 Street City, $0.00 $0.00 CIN. State and State and ZIP Code: b. Preliminary expense $0.00 ZIP Code: 11. $0.00 STATUS OF FUNDS SIANUAHU FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. No. A-110 PROGRAMS - FUNCTIONS - ACTIVITIES (a (b) (c) CLASSIFICATION RUNWAY 12-30 TOTAL OVERLAY (Design) a. Administrative expense $0.00 $0.00 $0.00 $0.00 b. Preliminary expense $0.00 $0.00 $0.00 $0.00 c. Land, structures, right-of-way $0.00 $0.00 $0.00 $0.00 d. Architectural engineering basic fees $55,160.80 $0.00 $0.00 $55,160.80 e. Other architectural engineering fees $0.00 $0.00 $0.00 $0.00 f. Project inspection fees $0.00 $0.00 $0.00 $0.00 g. Land development $0.00 $0.00 $0.00 $0.00 h. Relocation expense $0.00 $0.00 $0.00 $0.00 I. Relocation payments to individuals and businesses $0.00 $0.00 $0.00 $0.00 j. Demolition and removal $0.00 $0.00 $0.00 $0.00 k. Construction and project improvement cost $0.00 $0.00 $0.00 $0.00 I. Equipment $0.00 $0.00 $0.00 $0.00 m. Miscellaneous cost $0.00 $0.00 $0.00 $0.00 n. Total cumulative to date (sum of lines a thru m) $55,160.80 $0.00 $0.00 $55,160.80 o. Deductions for program income $0.00 p. Net cumulative to date (Line n minus line o) $55,160.80 $0.00 $0.00 $55,160.80 q. Federal share to date $49,644.72 $0.00 $0.00 $49,644.72 r. Rehabilitation grants (100% reim- bursement) s. Total Federal share (sum of lines q and r) $49,644.72 $0.00 $0.00 $49,644.72 I. Federal payments previously re- quested $44,680.25 $0.00 $0.00 $44,680.25 u. Amount requested for reimbursement $4,964.47 $0.00 $0.00 $4,964.47 v. Percent of physical completion of project 91.9% 0.0% 0.0% 91.9% 12. CERTIFICATION 1 certify that to the best of my knowledge and belief the billed COStS Or disburse- ments are In accordance with the terms a. RECIPIENT SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL DATE REPORT SUBMITTED C i 5 1993 P D OR PRINTED NA AND TITLE SCOTT L. HARRIS TELEPHONE NO. of the project and that the reimbursement represents the Federal share due which TOWN SUPERVISOR (516) 765-1800 has not been previously requested and that an inspection has been performed and all work is in accordance with the b. Representative SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL DATE REPORT SUBMITTED Q 4?// terms terms of the award. certifying to line 3 11v. ED OR PRINTED NAME AND TITLE TEL PHON NO. C&S ENGINEERS, INC. n�_nn SHEILA M. FARLEY GRANTS ADMINISTRATOR (315) 455-7981 SIANUAHU FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. No. A-110 FISHERS ISLAND - ELIZABETH FIELD RUNWAY 12-30 OVERLAY (Design) FISHERS ISLAND, NY F.A.A. AIP PROJECT NO. 3-36-0029-06-92 N.Y.S.D.O.T. PROJECT NO. 0913.06 SUMMARY OF FEDERAL ELIGIBLE PROJECT COSTS PROGRAM NO. 1 ----------------------------------------------- 09/20/93 211.006.001 FEDERAL GRANT ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE AGREEMENT AMOUNTS FEDERAL ELIGIBLE FEDERAL ELIGIBLE PARTICIPATING a. ADMINISTRATIVE EXPENSE ......................... $1,936.00 $1,936.00 $0.00 $0.00 b. PRELIMINARY EXPENSE ............................ $0.00 $0.00 $0.00 $0.00 c. LAND, STRUCTURES, RIGHT-OF-WAY ................. $0.00 $0.00 $0.00 - $0.00 d. ARCHITECTURAL ENGINEERING BASIC FEES........... $58,064.00 $58,064.00 $55,160.80 $0.00 e. OTHER ARCHITECTURAL ENGINEERING FEES........... $0.00 $0.00 $0.00 $0.00 f. PROJECT INSPECTION FEES ........................ $0.00 $0.00 $0.00 $0.00 g. LAND DEVELOPMENT ............................... $0.00 $0.00 $0.00 $0.00 h. RELOCATION EXPENSE ............................. $0.00 $0.00 $0.00 $0.00 i. RELOC PAYMENTS TO INDIV AND BUSINESSES......... $0.00 $0.00 $0.00 $0.00 j. DEMOLITION AND REMOVAL ......................... $0.00 $0.00 $0.00 $0.00 k. CONSTRUCTION AND PROJECT IMPROVEMENT COST...... $0.00 $0.00 $0.00 $0.00 1. EQUIPMENT ...................................... $0.00 $0.00 $0.00 $0.00 m. MISCELLANEOUS COST ............................. $0.00 $0.00 $0.00 $0.00 -------------------------------------------------------------------------------------------------------------------------------------- TOTAL FEDERAL COSTS $60,000.00 $60,000.00 $55,160.80 $0.00 FISHERS ISLAND - ELIZABETH FIELD 09/20/93 RUNWAY 12-30 OVERLAY (Design) -------- FISHERS ISLAND, NY 211.006.001 ARCHITECTURAL ENGINEERING BASIC FEES ANALYSIS PROGRAM NO. 1 ----------------------------------------------- * Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: ------------------------------------------------------------------------ 855,160.80 $54,098.00 $0.00 ------------------------------------------------------------------------ LESS RETAINAGE: 82,903.20 SUBTOTAL: 858,064.00 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING * 11/17/92 814,516.00 $13,524.50 * 12/28/92 $11,612.80 810,819.60 $0.00 * 01/15/93 $11,612.80 $10,819.60 80.00 * 02/16/93 88,709.60 $8,114.70 $0.00 * 05/13/93 $2,903.20 $2,704.90 80.00 * 06/17/93 $2,903.20 82,704.90 $0.00 07/21/93 $2,903.20 $2,704.90 $0.00 09/15/93 $2,903.20 $2,704.90 80.00 .................................................... MY ........... !I LY.. 21.......1D 9 3.. TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. To. . C $. S I ..En... �.inee.......rs ...:.....nc ...:......................................Claimant Address ... I.Q2 0 „7th, ,Nq rth „S t re e t,,,,Live rppo 1,.. NY..13088 ... Fed. I. D. No. .13..-. 5.318 9 4.0 ........... or Soc. Security No. ........................ The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof a been paid, except as ein stated, and that the balance therein stated is actually due and owing. Dated July....�1.�....................... 19 .... 3.... ......................... ... . ..... .. ..................... Signature -CES Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088.6199 (315) 457-6711 Fax (315) 457-9803 TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 12-30 OVERLAY DESIGN SERVICES FOR PROFESSIONAL SERVICES RENDERED THROUGH 07/02/93 TOTAL FEE AUTHORIZED PERCENT COMPLETE AS OF 07/02/93 INV. DATE : 07/21/93 INVOICE # : 030752 PROJECT # : 211.006.001 CLIENT REF: 58,064.00 95.00% FEE EARNED TO DATE * 55,160.80 LESS PREVIOUS BILLINGS * 52,257.60 TOTAL THIS INVOICE ** 2,903.20 LESS 5% RETAINAGE 145.16 AMOUNT DUE THIS INVOICE ** 2,758.04 BC 030752 AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION TASK X 1. Consultant Agreement Executed X 2. Topographic Survey X 3. Subsurface Investigations & Laboratory Testing X 4. Soils Analysis & Report X 5. Pavement Section Design X 6. Horizontal Geometrics X 7. Vertical Alignment X 8. Grading Design X 9. Drainage Design N/A 10. Lighting System Layout N/A 11. Electrical Power & Control Design X 12. SEQR Review Process X 13. Contract Drawing Preparation 95 6/93 14. Contract Specifications Preparation X 15. Design Report Preparation 95 6/93 16. Final Quantity Calculations X 17. Preliminary Submittal X 18. Final Submittal 7/93 19. Advertisement 7/93 20. Bid Opening Comments: Awaiting clients 1pVroval to bid the project TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 12-30 OVERLAY DESIGN SERVICES FOR PROFESSIONAL SERVICES RENDERED FROM 07/03/93 THROUGH 09/03/93 TOTAL FEE AUTHORIZED PERCENT COMPLETE AS OF 09/03/93 (Lao -- Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 09/15/93 INVOICE # : 309063 PROJECT # : 211.006.001 CLIENT REF: 58,064.00 100.00% FEE EARNED TO DATE * 58,064.00 LESS PREVIOUS BILLINGS * 55,160.80 TOTAL THIS INVOICE * 2,903.20 LESS 5% RETAINAGE 145.16 AMOUNT DUE THIS INVOICE ** 2,758.04 BC 309063 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 23, 1993 Roseanne Coppola U.S. Department of Transportation Federal Aviation Administration New York Airports District Office 181 South Franklin Avenue, Room 305 Valley Stream, New York 11582 Re: Elizabeth Field Airport AIP 3-36-0029-08-93 Grant Offer Dear Ms. Coppola: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Transmitted herewith are the original and three (3) copies of the executed Grant Offer, with copy of Project Application attached, for the above captioned project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Bruce Clark, C&S Engineers Accounting 6 Finance JUDITH T. TERRY TOWN CLERIC REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 5, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute the Acceptance of the Grant Offer from the Federal Aviation Administration, allocating the amount of $1,408,907.00 for the Elizabeth Field Airport, Fishers Island, Runway 7-25 and 12-30 Overlay Project. Judith T. Terry Southold Town Clerk October 6, 1993 0 U.S. Department of Transportation Federal Aviation Administration 181 S. 3w� A.., Nm. 305 17dh $liwam�, nV 11582 Mr. Scott L. Harris Supervisor, Town of Town Hall 53095 Main Road Southold, New York Dear Mr. Harris: Southold 12953 Elizabeth Field Airport AIP 3-36-0029-08-93 Grant Offer In response to your request for Federal assistance for development at Elizabeth Field Airport, we are pleased to inform you that the Federal Aviation Administration (FAA), offers a Federal Grant allocating the amount of $1,408,907 (Federal Share) under the terms of the Airport and Airway Safety and Capacity Expansion Act of 1987 (AIP). Enclosed are an original and four (4) copies of a Grant Agreement for the subject project. The execution by this agency of Part I - Offer indicates the intention of the United States to participate in the allowable costs of the project in an amount not to exceed the maximum obligation of the United States and subject to the terms and conditions set forth and described therein. If this offer is acceptable, you should execute Part II - Acceptance, pursuant to FAR Part 152.115, Change 9. Please return to this office the original and three (3) copies of the executed Grant Offer, with a copy of the Project Application attached, to each, all fully executed as duplicate originals (that is, with original signatures thereon) and certification by your attorney that the acceptance complies with applicable law and constitutes a legal and binding obligation. When the executed Grant Agreement has been determined to be legally sufficient, you will be notified accordingly. The obligations assumed under this Grant Agreement shall not be changed or modified except with the written consent of this Administration. k 1 Please notify Roseanne Coppola of this office at (718) 553- 1882 as soon as this Grant has been fully executed. This Grant Offer should be executed as soon as possible but no later than September 30, 1993 otherwise the Offer expires and the funds are lost. Sincerely, Philip B to Manager Enclosures 433 33?r��i?i�?i�Ysi3s33.df173i3ii33f#S�i�$i32i3 } 3 Zia } F F`ss..:zss tt�tu�:usxuuus.s uuu+xuueccv,:aaa�.�� ., ... n .. .... . f �o U.S. Department of Transportation Federd Aviation Adn*dstration GRANT AGREEMENT Part 1- Offer Date of Offer September 22, 1993 Elizabeth Field Airport/PlanningArea Project No. 3-36-0029-08-93 Contract No. FA -EA -93-249 TO: The Town of Southold (herein called the "Sponsor") FROM The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 9 8 93 for a grant of Federal funds for a project at or associated with the Elizabeth Field Airport/Plarming Area which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: Overlay Runways• 12-30 - (2,328'..x 1001) and 7-25 (1,940'.---x. 75') including all related surface preparations including grading, marking, signing and associated drainage All as more particularly described on the Property Map attached as Exhibit -'A' -to this Project Application for AIP Project No. 3-36-0029-08-93 and in the Plans and Specifications for this work, certified by the Sponsor on June 29, 1993, all of which are incorporated by reference and made a part hereof; all as more particularly described in the Project Application. FAA Form 5100-37 (10-89) Page 1 Supersedes FAA Form 5100-37 pages 1 thru 4 1 r t1` NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90% of all eligible costs. The Offer is made on and subject to the following terms and conditions: Conditions The maximum obligation of the United States payable under this offer shall be S 1, 408.907. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: $0 for planning $1,408,907 for airport development or noise program implementation. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before 9 30 93 or such subsequent date as may be prescribed in writing by the FAA. 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal Share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible of liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. FAA Form 5100-37 (10-89) Page 2 Page 2.1 of 3 Special Conditions 1. It is understood and agreed by and between the parties hereto that the Sponsor shall complete this project to provide a safe and usable unit. 2. It is understood and agreed by and between the parties hereto that the typewritten description of airport development appearing in Item 11 of the Project Application is hereby deleted and the typewritten description of airport development appearing in the "Whereas" Clause on Page 1 of the Grant Offer is substituted in its place and stead. 3. It is understood and agreed by and between the parties hereto that Federal participation in the project costs will be limited to the costs of that work accomplished after the date of acceptance of the Grant Offer. 4. It is understood and agreed by and between the parties hereto that all references to the Airport Development Aid Program of the FAA in the Title VI of the Civil Rights Act of 1964 Assurances (7 pages) shall be replaced by the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Expansion Act of 1987. 5. The sponsor shall provide for an audit to be made in accordance with Office of Management and Budget Circular A- 128. 6. The Sponsor agrees to comply with the Part V Assurances (dated 3/91) attached to this Offer which replaces the Part V Assurances that accompanied the Project Application. 7. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 8. The sponsor agrees to perform the following: 1. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: Page 2.2 of 3 a. The name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. b. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. C. Procedures for the testing laboratories to meet the requirements of the applicable American Society of Testing Material's standards referenced in the contract specifications. d. Qualifications of engineering supervision and construction personnel. e. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. f. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, that the proper corrective actions, where necessary, are undertaken, and that the quantity of materials used is adequate. 2. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any - out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. 3. Failure to provide a complete report as described in paragraph 2, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. Page 2.3 of 3 4. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine' that sponsor tests results are inaccurate. 9. The Sponsor agrees to comply with the revised Part V Assurance Numbers 9 - Public Hearings (Attachment A-1) and 26 - Reports and Inspections (Attachment A-2) attached to this Offer which replace the corresponding Assurances that accompanied the Project Application. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of flus instrument by the Sponsor, as hereinafter provided, and this Otter and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Chant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Name)Philip Brito Manager, New York Airports District Office (Title) Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this 23rd day September -'19 93 Town of Southold (Name of Sponsor) (SEAL) By ( ponsoes besifnated Official Representative) Scott Louis Harris Attest Title Supervisor, Town of Southold Judith T. Terry Title: Southold Town Clerk CERTIFICATE OF SPONSOR'S ATTORNEY I, Matthew G. Kiernan , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of New York . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsors official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Datedat Southold, N.Y. this 23rd dayof September , IB3 -9., . -�, (f. igna eofSpo soesAttomey att ew G. Kiernan FAA Form 5100-37 (10-89) Page 3 ..)J ..�>......: )• .iW2'..J t: j.li)2).!..17)2)J)�>:)2):.�.:�.J).�.)2)JJi)233 NS1)iSiS[StS23iSi)lSi3t1257HYEfZHlllist)iH)t]tS(SiSfWtlf).t)t)v]J F51Hxufaaaxxaxx]o<Y44»sY�+..r�..W.>••i*...+�+.�.•..�TM.•+.-...�-�-- _.... .... _._.��_ _ _ ... ..... _--. __ Attachment A-1 Assurances 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. Attachment A-2 Assurance 26. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. A report of the airport budget will be available to the public at reasonable times and places. For airport development projects, it will also make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. For noise compatibility program projects, it will also make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. a. I OMB Approval No. 0348-0043 AppruuA i IUN FUK 2. DATE SUBMrrTED Applicant Identifier r FEDERAL ASSISTANCE 09/16/93 211 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Applicant Identifier Application Piwappllcntlon rX Construction F� Construction 0913. 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 3-36-0029 Non -Construction E3 Non -Construction 6 APPLICANT INFORMATION Legal Name: Organizational Unit: Town of Southold Fishers Island Ferry District Address (give city, county, state, and zip code) Name and telephone number of the person to be contacted on matters involving Town Hall, 53095 Main Road this application (glow area code) P.O. Box 1179 Southold, NY 11971 Judith Terry Suffolk County (516) 765-1801 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in boat LLJJ 0 1 3 1 3 -FO 7 A. State H. Independent School Dist B. County I. State Controlled Institution of Higher Learning C. Municipal J. Private University 8. TYPE OF APPLICATION: D. Township K. Indian Tribe ® New F-1 Continuation F-1 Revision E. Interstate L. Individual F. Intermunicipal M. Profit Organization If Revision, enter appropriate letter(s) in box(es)[ G. Special District N. Other (Specify) A. Increase Award B. Decrease Award C. Increase Duration 9. NAME OF FEDERAL AGENCY. D. Decrease Duration Other (Specify): Federal Aviation Administration New York Airports District Office 10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ASSISTANCE NUMBER: 2 0 0 1 0 6 TITLE Airport Improvement Program (AIP) R/W 7-25 8r 12-30 OVERLAY (Construction) 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.). Fishers Island 13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 2nd 2nd 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. YES THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE a Federal $ .00 1,408,907 STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON SAW 42127 03/13/92 b Applicant $ .00 DATE c State $ .00 72 273 b. NO F-1 PROGRAM IS NOT COVERED BY E.O. 12372 d Local $ .00 1-1 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e Other $ .00 I Program Income $ .00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g TOTAL $ .00 ❑ Yes If 'Yes,' attach an explanation. ® No 1 565 453 18 TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a Typed Name of Authorized Representative b Title c Telephone number Scott L. Harris Town Supervisor (516) 765-1800 d Signat roof Authorized Repre ntative a Date Signed SEP 8 1993 Previous Editions Not Ulsable Authorized for Local Reproduction -�tanaaro rorm 4z4 tr1Cv 4—aa) Prescribed by OMB Circular A-102 4 t rr DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. 43-80528 PART II PROJECT APPROVAL INFORMATION Item 1. Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority Rating Yes X No Item 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse (Attach Comments) review in accordance with OMB Circular A-95? X Yes No Item 4. Does this assistance request require State, local regional or other planning approval? Yes X No Item 5. Is the proposed project covered by an approved comprehensive plan? X Yes No Name of Approving Agency Date Check one: State Local Regional Location of plan [ ] Long Island [X] Regional Planning [ ] Board Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Yes X No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land Yes X No Percent of Project Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. Yes X No Item 9. Will the assistance requested cause the displacement of individuals families, businesses, or farms? Yes X No Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes X No Number of Individuals Families _ Businesses Farms See instruction for additional information to be provided. FAA Form 5100-100 (6-73) Supersedes FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 r PART II -SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. -The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Elizabeth Field is surrounded on three sides by water, thus runway clear zone areas are over water. The community adjacent to the airport property is a residential vacation area with limited commercial activity. 2. Defaults. -The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: NONE 3. Possible Disabilities. -There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: NONE 4. Land. -(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": PARCEL NO. 1 - Fee Simple Title *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. Page 3a 211/1/1/91 DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. 04-RO209 PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": NONE (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": NONE 5. Exclusive Rights. -There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: NONE *State character of property interest in each area ana List and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, Leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b 211/1/1/91 OMB Approved No. 0348-0041 BUDGET INFORMATION --Construction Programs NOTE: Certain Federal assistance Proarams reouire additional computations to arrive at the Federal share ofprolect coats elfalble for participation. If such/* the case you will be notified. Standard Form 424G(4-88) Prescribed by OMB Circular A-102 Authorized for Local Reproduction COST CLASSIFICATION a. Total Cost b. Costs Not Allowable for Participation c. Total Allowable Costs (Column a -b) 1. Administrative and legal expenses $ $3,000 .00 $ .00 $ $3,000 00 2. Land, structures, rights-of-way, appraisals, eta. $ .00 $ .00 $ .00 3. Relocation expenses and payments $ ,00 $ .00 $ .00 4. Architectural and engineering fees $ .00 $ .00 $ .00 5. Other architectural and engineering fees $ .00 $ .00 $ �,00 .00 6. Project Inspection fees $ $130,910 .00 $ .00 $ _ $130,910 7. Site work $ .00 $ .00 $ ' .00 8. Demolition and removal $ .00 $ .00 $ .00 9. Construction $ $1,429,543 .00 $ .00 $ $1,429,543 .00 10. Equipment $ .00 _ $ $ 00 .00 $ $ $2,000 o0 .00 11. Miscellaneous AUDIT $ .00 $2,000 12. SUBTOTAL $ $1,565,453 $ .00 .00 $ $ .00 .00 $ $ �.00 $1,565,453 _ .00 13. Contingencies (sum of lines 1 1) 14. SUBTOTAL $ $1,565,453 .00 S .00 $ $1,565,453 .00 15. Project (program) Income $ .00 $ .00 $ .00 16. TOTAL PROJECT COSTS (subtract #16 from #14) $ $1,565,453 .00 $ .00 $ $1,565,453 .00 FEDERAL FUNDING 17. Federal assistance requested, calculate as follows: Enter eligible costs from line 16c Multiply x 90% (Consult Federal agency for Federal percentage share). R/W 7-25 & 12-30 OVERLAY Enter the resulting Federal share 08124/93 211 $ 1,408,907 .00 Standard Form 424G(4-88) Prescribed by OMB Circular A-102 Authorized for Local Reproduction DEPAAa MENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 60-RO184 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No .................. 20.106 2 Functional or Other Breakout ........................... SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ $ $ $3,000 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 5. Other architectural engineering fees 6. Project inspection fees $130,910 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement $1,429,543 12. Equipment 13. Miscellaneous AUDIT $2,000 14. Total (tines 1 through 13) $1,565,453 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) $1,565,453 17: Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) $1,565,453 20. Federal Share requested of Line 19 i,408,9071 21. Add Rehabilitation Grants Requested (100 Percent). 22. Total Federal grant requested (Lines 20 & 21) 1,408,W 23. Grantee share $78,273 24. Other shares $78,273 25. Total project (Lines 22, 23 & 24) ($ $ $ $1,565,453 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 rage 4 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION O M E N O. 80-R O 184 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 rage SECTION C — EXCLUSIONS 26 Classification Ineligible for Participation (t) Excluded from Contingency Provision (2) a. $ $ b. C. d. e. f. 9. Totals $ $ SECTION D — PROPOSED METHOD OF FINANCING NON—FEDERAL SHARE 27 Grantee Share a. Securities b. Mortgages c. Appropriation (By Applicant) I d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 5.001 $78,273 1 28. Other Shares a. State 5.00% $78,273 b. Other I c. Total Other Shares 29. TOTAL $156,545 SECTION E — REMARKS PART IV PROGRAM NARRATIVE (Attach—See Instructions) FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 rage 3/1/91 V-19 CHECKLIST FOR ENVIRONMENTAL IMPACTS AIRPORT IMPROVEMENT PROGRAM AIRPORT: Fisher Island - Elizabeth Field Airport PROJECT DESCRIPTION: R/W 7-25 and 12-30 Overlay In order for the FAA to determine the appropriate course of action, it is necessary that the proposed action is not likely to: a. Have an effect that is not minimal on properties protected under Section 106 of the Historic Preservation Act of 1966, as amended, or Section 4(f); b. Be controversial on environmental grounds. A proposed Federal action is considered highly controversial when the action is opposed by a Federal, state or local government agency or by a substantial number of persons affected by such action on environmental grounds; C. Have a significant impact on natural, ecological, cultural, or scenic resources of national, state, or local significance, including endangered species, wetlands, floodplains, coastal zones, prime or unique farmland, energy supply and natural resources, or resources protected by the Fish and Wildlife Coordination Act; d. Be highly controversial with respect to the availability of adequate relocation housing. In an action involving relocation of persons or businesses, a controversy over the amount of the acquisition or relocation payments is not considered to be controversy with respect to the availability of adequate relocation housing. e. Cause substantial division or disruption of an established community, or disrupt orderly, planned development, or is likely to be not reasonably consistent with plans or goals that have been adopted by the community in which the project is located; f. Cause a significant increase in surface traffic congestion; g. Have a signification impact on noise levels of noise sensitive areas; h. Have a significant impact on water quality or contaminate a public water supply system; 3/1/91 V-20 i. Have a significant impact on air quality or violate the local, state or Federal standards of air quality; j. Be inconsistent with a Federal, state, or local law or administrative determination relating to the environment. Scott L. Harris Town Supervisor Town of Southold SEP 8 1993 Date ,w .l OMB Approved No. 0348-0042 ASSURANCES — CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in the application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents_ related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instruction from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifica- tions and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728- 4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.R.F. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statues relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686) which prohibits discrimination on the basis of sex (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended, relating to non-discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality to alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other non- discrimination provisions in the specific statute(s) under which application for Federal assistance is being made, and 0) the requirements on any other non-discrimination Statute(s) which may apply to the application. Standard Form 424D (4-88) n 1. Will comply, or has already compiled, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real property Acquisitions Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provision of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), the Contract Work Hours and Safety Standards Act (40 U.S. §§ 327-333) regarding labor standards for federally assisted construction subagreements. 14. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et. seq.); (f) conformity of Federal action to State (Clean Air) Implementation Plan under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.) 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 19. Will comply with all applicable requirements of all other Federal laws, Executive Orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL. TITLE Town Supervisor PUCANT ORGAN ON DATE SUBMIT 7ED Town of Southold September 16, 1993 SF 424D (4-88) Back J STATE '--LEArr11NGH0USE NYS Division of the Budget State Capitol, Altany, NY 12224 f 51 R1 474.1 FnA ;A1# 42127 -Airport Improvements - R/W 12-30 rehab. R/W 7-25 Rehab., apron & access taxiway Elizabeth Field Airport, Southold, Suffolk County Sheila M. Farley Calocerinos & Spina 1020 Seventh North Street Liverpool, NY 13088 Dear Applicant: The State Clearinghouse has submitted a summary of your proposed federal funding application, identified above, to the State & local review agencies participating in the New York Intergovernmental Review Process. No review agency has objected to, or commented on, your proposed project as described. The review, therefore, is complete; and you may submit this clearance letter to the federal grantor agency as evidence that you have complied with the procedures set up under Presidential Executive Order 12372. If a substantial change is made in the nature or magnitude of the project, kindly submit a revised project notification to us and the the appropriate areawide clearinghouse. 3/1/91 V-31 STANDARD DOT ITME VI ASSURANCES Town of Southold (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 20004 et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. -1- V-32 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED: Sept tuber 16, 1993 Scott L. Harris Town Sup6rvisor Town of Southold -2- W � J k 3/1/91 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 V-33 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondis- crimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations. Part 21, as they may be amended from time to time (hereinafter referred to as the Regulatious� which are herein incorporated by reference and made a part of this contract.. 2. N The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The contractor shall not partici- pate either directly or indirectly in the discrimiastioa prohibited by section 21.5 of the Regulations, includ- ing employment practices when the contract covets a program set forth in Appendix B of the Regulations. 3. Solidlador for Subcoafracls, Including Procurements of Materials and EquipmeaL In all solicita- tions either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract. including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regu- lations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of informstton, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instruc- tions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrim- ination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or 5. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs l through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contrac- tor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addi- tion, the contractor may request the United States to enter into such litigation to protect the interests of the United States. -3- 3/ 1/91 V -;i4 CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal repre- sentatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, - maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a puipose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, eta) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programa of the Department of Transportation, and as said Regulation may be amended. 2. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal representa- tives, successors in interest, and assigns, as a part of the moderation hereof, does hereby covenant and agree (in the case of deeds and lessee add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any im- provements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Progama of the Department of Tranportadkm and as said Regulations may be amended. -4- J ASSURANCES Airport Sponsors A. General 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants to airport sponsors. 2. These assurances are required to be 'submitted as part of the project application by sponsors requesting funds under the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, or the Aviation Safety and Noise Abatement Act of 1979. As used herein the term "public agency sponsor* means a public agency with control of a public -use airport; the term 'private sponsor* means a private owner of a public -use airport; and the term "sponsor' includes public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program prtiject, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance. 2. Airport Development or Noise Compatibility Program Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than 10 years from the date of the acceptance o: ."..deral aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, 34, and 36 in Section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1/22/91 Page 1 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Federal Aviation Act of 1958 - 49 U.S.C. 1301, et seq. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq. 1/ C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. 1501, et seq. 2/ e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601, et seq. 1/ 2/ f. National Historic Preservation Act of .1966 - Section 106 - 16 U.S.C. 470(f). 1/ g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. 1/ h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. 1/ i. Rehabilitation Act of 1973 - 29 U.S.C. 794. J. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4 k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, et seq. 1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et seq. 1/ n. Airport and Airway Improvement Act of 1982, as amended 49 U.S.C. 2201, et seq. o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 2 U.S.C. 8373. 1/ p. Contract Mork Hours and Safety Standards Act - 40 U.S.C. 327, et seq. 1/ q. Copeland Antikickback Act - 18 U.S.C. 874. 1/ r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. 1/ S. Endangered Species Act - 16 U.S.C. 668(a), et seq. l/ t. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2/ u. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 11246 - Equal Employment Opportunity 1/ Federal Regulations a. 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3/ b. 49 CFR Part 21 - Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. 1/22/91 Page 2 c. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. d. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally Assisted Programs. l/ 2/ e. 49 CFR Part 27 - Mon -Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. 1/ f. 49 CFR Part 29 - Debarments, Suspensions, and Voluntary Exclusions. g. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. h. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates. 1/ 1. :29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or 'Public Works Financed in Whole or Part by Loans or Grants from U.S. 1/ J. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction. 1/ k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted Contracting Requirements). 1/ 1. 14 CFR Part 150 - Airport Noise Compatibility Planning. Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. 3/ b. A-128 - Audits of State and Local Governments. 2/ 1/ These laws do not apply to airport planning sponsors. 2/ These lays do not apply to private sponsors. 3/ 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and local governments receiving Federal assistance. Any requirement levied upon State and local governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under the Airport and Airway Improvement Act of 1982, as amended. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and as!-:urances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 1/22/91 3 b. Private Sponsor. It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all the terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with the application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the Unite States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a._ It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written app:Cval of the Secretary, and will act promptly to acquire, extinguish or mod_:y any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable -to the Secretary. b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the gra-t agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee, all of the terms, conditions and assurances contained in this grant agreement. C. For all noise compatibility program projects which are to be carried o:lt by another unit of local government or are on property owned by a unit of local g vernment other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agrea7sent shall obligate that government to the sane terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non- compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce thin agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public - use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made -for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the Airport and Airway Improvement Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. For noise compatibility program projects, other than land acquisition, to be carried out on property not owned by the airport and over vhich property another public agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agency's plans regarding the property. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project may be located. S. Consultation with Users. In making a decision to undertake any airport development project under the Airport and Airway Improvement Act of 1982, it has undertaken reasonable consultations with affected parties using the airport at which the project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport, runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the pro,!<ct is located or has advised the ties that they have the right to petition the Secretary concerning a proposed project. 11,x!9"_' Page 5 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any cane where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11., Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located astride a line separating two counties within a single state, it has received approval for the project. from the governing body of all villages incorporated under the laws of that state which are located entirely within five miles of the nearest boundary of the airport. 12. Terminal Development Prerequisites. For projects which include terminal development at a public airport, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Recordkeeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total coast of the project in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller Genual of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than 6 months following the close of the fiscal year for which the audit was made. 14. !Minimum Wage Rates. It shall include, in all z:ntra-zts in excess of S2,000 for work on any projects funded under the g. ar.t n::rc merit which involve labor, provisicns establishing minimum rate of wage, `: _= p e_,__ermined by the 1/22/91 Page 6 Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a --276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Vet'eran's Preference. It shall include, in all contracts for work on any projects funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be give^ to veterans of the Vietnam era and disabled veterans as defined in Lection 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and incorporation into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms with the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C. It will include in all published material prepared in connection wit`, the planning project a notice that the material was prepared under a grant provided by the United States. ' d. It vill make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. l 122;' 91 _,�e 7 e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the Sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or arty part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment an the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for nonaeronautical purposes must first be approved by the Secretary. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. In furtherance of this assurance, the sponsor will have in effect at all times arrangements for -- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, r._storation, or replacement of any structure or facility which is sut-::ntially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce the compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination, to all types, kinds, and classes of aeronautical uses. b. In any agreement, contract, lease or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to -- (1) furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. C. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport, to serve any air carrier at such airport. Each air carrier using such airport whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such 1/22/91 Page 9 nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classifications or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 231. Exclusive Rights. It will permit no exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator a ' such airport. It: further agrees that it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum productz whether or -.ot conducted in conjunction with other aeronautical activity, repair and maintenance cf a_rcraft, sale of 1/22/91 Paoe 10 aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the .grant of any assistance under the Airport and Airway Improvement Act of 1982. 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23, for the facilities and services being provided the airport users which will make the airport .as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is evade under the Airport and Airway Improvement Act of 198.2, .the Federal Airport Act or the Airport Airway Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for users of that airport. 25. Airport Revenue. If the airport is under the control of a public agency, all revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of .the revenues f 3^,y of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or c;erator'L general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, kcal taxes on aviation fuel) shall not apply. 26. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. A report of the airport budget will be available to the public at reasonable times and places. For airport development projects, it will also make the airport and all airport records and documents affecting the airport, including deeds, leases, operation end use agreements, regulations and other Instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. For noise compatibility program projects, it will also make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement Including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. 27. Use of Government Aircraft. It will sake available all of the facilities of the airport developed with Federal financial assistance and a:, tnose usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without cnarza except, if 11/4/92 _ :i • ,4 the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with uue of the landing areas by other authorized aircraft, or during any calendar month that -- a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movements of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for ouch purposes. Such areas or any portion thereof will tie made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility, or efficiency of the airport. b. If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects the safet%, :ii'y, or efficiency of any federally owned, leased, or funded property on or off the I 4' airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its Facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purpoeee, it will, when the land is no longer needed for such purposes, dispose of rich land at fair market value at the earliest practicable time. That porti=n of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development (other than noise compatibility) purposes, it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or proj._`> approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no such eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including rur.vay protection zone) or serves as noise buffer land, and (b) the revenue from interim uses of such land contributes t_ `-he financial self-sufficiency of the o.rpz�rt. Further, land purchased with a grant received by an airport operator. 1/22/91 Page 13 or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or the Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the use of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced not later than December 15, 1989. (c) Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub- contract for program management, construction management, planning studies, feasibility studies, architectural surveying, mapping, or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the 'Current FAA Advisory Circulars for AIP Projects, • dated 2/26/92__ ;and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guide in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subparts Dand E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement comparable replacement dwellings to displaced per -ons in accordance with Subpart E of 49 CFR Part 24. 36. Drug -Free Workplace. It will provide a drug-free workplace at the site of work specified in the grant application in accordance with 49 CFR Part: 29 by (1) publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the sponsor's workpi4ce and specifying the actions that will be taken againat its employees for violation of such prohibition; (2) establishing a drug-free awareness program to inform its employees about the dangers of drug 1/22/91 Page 1 S. a abuse in employees receiving occurring drug-free the workplace and any available drug counseling, rehabilitation, and assistance programs; (3) notifying the FAA within ten days after notice of an employee criminal drug statute conviction for a violation in the workplace; and (4) making a good faith effort to maintain a workplace. 191 ray 15 CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS Effective Date: 2-26-92 NUMBER SUBJECT 70/7460-11-1 Obstruction Marking and Lighting CNG 1 15015100-148 ArchitecWral, Engineering, and Planning Consultant Services for Airport Grant CNG 1 Projects 150/5200--30A Airport Winter Safely and Opefations 150/5210.58 Painting, Marking and Lighting of Vehicles Used on an Airport 150/52113-78 Aircraft Fre and Rescue Communications 150/5210-14 Airport Fre and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue a Firefighting Station Building Design 150/5220-4A Water Supply Systems for Aircraft Fire and Rescue Protection 15015220-10A Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220-11 Airport Snowblower Specification Guide 150/5220-12 Airport Snowsweeper Specification Guide 15015220-13B Runway Surface Condition Sensor Specification Guide 150/5220-14A Airport Fire and Rescue Vehicle Specification Guide 150/5220-15 Buildings for Storage and Maintenance of Airpw Snow Removal and toe Control Equipment A Guide 150/5220-16 Automated Weather Observing Systems for Non-Federaf Applications 150/5224-17A Design Standards for Aircraft Rescue Fre-Aghting Training Facilities 150/5300-13 Airport Design CNG 1 & 2 150/5320-68 Airport Drainage 150/5320-6C Airport Pavement Design and Evaluation CHG 1 6 2 15015320-128 kieasurwneM Conc.nrcton, artd Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes 150/5325-4A Rrxnvay F ---?- irements for Airport Design CHG 1 1506340 -IF Marking of Paved Areas on Airports CNG 1 150/5344-4C InstaLdon Details for Runway Centerfne Touchdown Zone Lighting Systems CHG, 1a2 150/5340.58 Segmented Circle Airport Marker System CHG 1 150/5344-148 Economy Approach Lighting Aids CHG 1 3 2 150/5340-178 Standby Power for Non FAA Airport Lighting Systems 150/5340-18C Standards for Airport Sign Systems CHG 1 150/5340-1_ Taxiway Centerline Lighting System 150/5344-21 Airport Miscellaneous Lighting Visual Aids 150/5340-23B Supp,,,mental Wind Cones 150/5340-24 Runway and Taxiway Edge Lighting System CHG 1 150(5-140-27A Au -to Grow d Ratio Gent of of Airport Lighting Systems 15015345 ,3D 5 .`zaon for L--821 Panels for Remote Control of Airport Lighting 150/5345-5A C, _ ' r ft ' X Switch 150/5345-7D icy L�124 Unci?rground Electrical Cable for Airport Lighting Cirwits CHG 1 150+5345-10E $ r Constant Current Regulators Regulator Nbntors 150/5345- 1 2C . A • a ---d Heliport Beacon '* R s CURRE.N f FAA ADVISORY CIRCULARS FOR A1P PROJECTS (continued) Effecti%e Date: 2-26-92 NUMBER SUBJECT 150/5345-13A Specification for L-841 Auxiliary Retay Cabinet Assembly for Pao( Control of A'rport 150/5345-430 Ughtin9 Circuits 150/5345-268 Specification for L-823 Plug and Recepade, Cable Connectors CHG 1 8 2 Ughtweight Approach Light Structure 150/5345-,27C Specification for Wind Cone Assemblies 150/5345-280 Precision Approach Path India for (PAPI) Systems CHG 1 Specification L-4354, Rada Control Equipment 150/5345-398 FAA Specification L-653, Runway and Taxiway Centerline Retroreffeective Markers CHG 1 150/5345-42C Specification for Airport Light Bases, Transformer Housings, Junction Boxes and CHG 1 Accessories CHG 1 150/5345-430 Specification for Obstruction Lyghting Equipment 150/5345 44E Specification for Taxiway and Runway Signs 150/5345-45A Ughtweight Approach Light Structure 150/5345-46A Specification for Runway and Taxiway Ught Fixtures 150/5345 47A Isolation Trarsfonnefs for Airport Lighting Systems 150/5345-49A Specification L-4354, Rada Control Equipment 150/5345-S0 Specification for Portable Runway tights CHG 1 150/5345-51 Specification for Discharge -Type Flasher Equipment CHG 1 150/5345-62 Generic Vr;ual GWslope In --ators (GVGI) 150/536" Planning and Design of Airport Ternbnal Facilities at Nor1-Hub Locations 150/5360--12 Airport Signing 8 Graphics 15CWW60-13 Planning and Design Gv-��-v for A. -port Terninai Facilities 150/S374,2C Operational Safety on Airports During Constrk,. n ' -�4JJ5370.68 Construction Progre<.<• ate' ;r n-:ct _Y _r---„irpert Grant Program 150/5370-10A Standards for Speafying Constriction of Airports CHG 1, 2.3 1 /5370 -it Use of Nondestructive Testing DcN;-rs in t! -,e EvaJi.:a6on of Airport Pavements CHG 1 150/5374-12 Qtk-&ty Control of Construction for Airport Grant Projects 150/5390-2 Heliport Design 15015390-3 Vertipon Design AIRPORT AND AIRWAY SAFETY CAPACITY NOISE IMPROVEMENT, AND INTERNIODAI_ TRANSPORTA,riON ACT OF J992 Amended As.urancesfor Airn��rt Sp__� tensors Section 113(x) of the 1992 Act amended Section 511(a) (11) of the AAIA to require that an airport sponsor assure that a report of the ;Jrport budget is avail ible to the public at reasonable times and places. Section 113(h) of the 1992 Act amended Sectiou .)U9(b) (6) (A) of the AAIA to require the sponsor of a project for airport development to certify that the airport management board either has voting representation from the communities where the project is located or has advised the communities that they have a right to petition the Secretary concerning a proposed project. These provisions require chances to Assurance 26 (Reports and Inspections) and Assurance 9 (Public Hearings), respectively, of the Airport Sponsor Assurances. Consequently, those assurances have been rewritten to incorporate the new provisions. A copy of the revised assurances is attached. Washington Airports District Office January 28, 1903 i i I I I f LN AVE- SILVER EEL COVE —, o� FISHERS ISLAND /--� '�✓��j� COLFTS �- 11, OFF: APROM EXISTIK ;'tA11AT PROTECTION ZONE DID PLANED CH&4M EXIST14C RELOCATED THRESHOLD _—"'----��,'!• � __'_=`?�� %� 11 �� =/ O Q � NOTES: VM ODE NEW YORK STATE PLANE COORDINATE VALUES I TNEo NORTH EAST Y X � NWO PROTECTION ARP ItLTI4ATF� 380141025 254Q29.66 RM 12 EMI PAV'T. 380262.534 2539742.680 RW 30 END PAV'T. 379794.076 2542512.384 RM 07 END PAV'T. 379618.274 2540199.670 RM 25 END PAV T. 380653.373 2541990.057 GRID IS BASED ON NEW YORK STATE PLANE COORDINATE SYSTEU.LONG ISLAND ZONE �RELOCATED THRESHMD DTWES:4X © AREA = 195 ACRES (TITLE IN FEE) �J BLOCK ISLAND SOUND LAND ACQUISITION TABLE PARCEL ACOUISITIpi DEIDWMAa fIlQm ND. OIANTOR _ DATE IIEFERENCE SOURCE 1 w,m SuT[y w — Ron. I I I LEGEND REVISIONS T00.4 OF SCUTHCLD FISHERS ISLAND,',-* ,ORA PAYED ROAD fir o.Te CHAH(E ELIZABETH FIELD AIRPORT DIRT ROAD sum)OAST L` CLINE - AIRPORT PROPERTY MAP COAST W j PROPE�'.T LIVE _ DES:CNED:OE ORANN:;CT I SHE-7I OF .eR CHECKED: GE DASE:FE62uaaY, y?I p0aO 60t)CaRY PRC.EC T FILE NO, 214003.00! ICA--1 FILE '10, 46 Vu too' zc° no T. '�7-0 Cabce^nos & Spina [ i• i = : Air Erv- . . P C I I I JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER A -t OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 22, 1993 Bruce W. Clark, Project Engineer C&S Engineers, Inc. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Elizabeth Field Airport, Fishers Island Cost Plus Fixed Fee Consultant Agreement for Inspection Dear Bruce: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Enclosed are six (6) executed copies of the above captioned agreement, along with six (6) certified resolutions of the Southold Town Board authorizing the Supervisor to execute the agreement. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (6) cc: Accounting & Finance CSS Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 September 16, 1993 Mr. Scott L. Harris Town Supervisor Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Fisher's Island Airport Runway 7-25 & 12-30 Overlay Cost Plus Fixed Fee Consultant Agreement For Inspection File: 211.006 Dear Mr. Harris: Enclosed are eight copies of the Cost Plus Fixed Fee Consultant Agreement for Inspection services for this project. The amount of this Agreement has been approved by the Federal Aviation Administration and is identical to the draft agreement previously submitted for your review. In addition, please note that the total Agreement amount is consistent with the monies budgeted in the Federal Grant Agreement for this project. If acceptable, please execute all eight copies of the agreement, retain the required number of copies for your records and return the remainder, along with a copy of the resolution authorizing execution, to my attention for distribution to the FAA and NYSDOT. If you have any questions in reference to the enclosed, please do not hesitate to contact our office. Very truly yours, C&S ENGINEERS, INC. OU,40 /V" Bruce W. Clark Project Engineer BWC:jmc Enclosures JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER �'�FFOI'kIlk �oGy Z T 7� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 8, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Cost Plus Fixed Fee Consultant Agreement for Inspection services with CSS Engineers, Inc. for the Fishers Island Airport - Elizabeth Field Runway 7-25 s 12-30 Overlay Project (NYSDOT Project No. 0913.08), all in accordance with the approval of the Town Attorney. Judith T. Terry Southold Town Clerk September 9, 1993 August 24, 1993 Mr. Scott L. Harris Supervisor, Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Fishers Island Airport - Elizabeth Field Runway 7-25 & 12-30 Overlay Cost Plus Fixed Fee Consultant Agreement for Inspection File: 211.006 Dear Mr. Harris: CSS Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 RFrF!VFD AUG 3 0 19.9 i0*M C" Enclosed for your review and approval is one copy of the draft Cost Plus Fixed Fee Consultant Agreement for Inspection services for this project. This Agreement provides for resident project representation during construction, as well as contract administration, grants administration, construction surveys, testing and direct expenses associated with the project. Please note that the amount of this Agreement has been calculated based upon a 50 day, 10 per day construction period and a total construction cost of $1,429,543.10. This scope shall define the expected level of effort of this Agreement. By copy of this letter, we are submitting draft copies of this Agreement to the Federal Aviation Administration and New York State Department of Transportation for their review and approval. If you have any questions in reference to the enclosed, please do not hesitate to contact our office. Very truly yours, C&S ENGINEERS, INC. e4l- 11 po� X -d Bruce W. Clark Project Engineer BWC:kal Enclosure cc: Mr. Philip Brito, FAA, NYADO (w/encl.) Mr. Robert Michaud, Aviation Development, NYSDOT (wiencl.) Mr. James Kuzloski, NYSDOT, Region 10 (w/2encl.) Mr. R. Philip Knauff, Manager, Fisher Island Ferry District (w/encl.) r COST PLUS FIXED FEE CONSULTANT AGREEMENT FOR INSPECTION PROJECT: Runway 725 & 12-30 Overlay Fishers Island Airport - Elizabeth Field N.Y.S.D.O.T. PROJECT NO. 0913.08 This Agreement made this 0 day ofS 1993, by and between the Town of Southold (hereinafter referred to as the "SPONSOR"), and C&S Engineers, Inc., (hereinafter referred to as the "CONSULTANT"). WITNESSETH: That the SPONSOR and the CONSULTANT, for the consideration hereinafter named, agree as follows: ARTICLE 1. DESCRIPTION OF WORK TO BE DONE. The SPONSOR agrees to and hereby does retain and employ the personal service of the CONSULTANT because of his ability and reputation, and the CONSULTANT agrees to perform such services of said Project being particularly described in Schedule A attached hereto and made a part hereof. ARTICLE 2. PROVISION FOR PAYMENT. A. Basis for Payment. The SPONSOR shall pay to the CONSULTANT, and the CONSULTANT agrees to accept as full compensation for his services under this Agreement: Item I: Actual Direct Salaries of all employees assigned to this Project on a full-time basis for all or part of the term of this Agreement, plus properly allocable partial salaries of all persons working part-time on this Project, all subject to audit. Overtime in accordance with the terms of this Agreement shall be charged under this Item. The cost of the Principals' salaries (or allowable portion thereof) included in Direct Costs during the period that they are working specifically on the Project (productive time) are eligible if their comparable time is also charged directly to other projects in the same manner. Otherwise, Principals' salaries are only eligible as an overhead cost. Item II: Actual Direct Non -salary Costs incurred in fulfilling the terms of this Agreement, as defined in Schedule B herein, all subject to audit. Item III: Overhead Allowance based on actual expenses during the terms of this Agreement, subject to audit. Submitted overhead amounts may be audited based upon the Federal Procurement Regulations and State Policy. The overhead allowance shall be established as a percentage of Item I (Actual Direct Salaries) of this Article, estimated at the start of work to be 145%. The overhead allowance shall not be applied to premium time costs. air\7:\21 I\006\003\ag220.6n\1m1 1.11.93 For the purpose of this Agreement, an accounting period shall be the CONSULTANT'S fiscal year. For monthly billing purposes, the latest overhead percentage approved by the SPONSOR shall be applied to the charges made under Item I of this Agreement to determine the charge to be made under this Item. For the purpose of establishing the final payment under this Agreement, the actual allowable overhead percentage determined for each accounting period shall be applied to that accounting period. Item IV - Fixed Fee: A negotiated lump sum fee which in this Agreement shall equal $15,213.00. Fixed Fee is not subject to audit, and is not subject to review or modification unless the SPONSOR determines that such review or modification is justifiable and advisable. A summary of the monies due the CONSULTANT under Items I, H, III and IV is attached and listed as Schedule B. Item V: In the event of any claims being made or any actions being brought in connection with the project, the CONSULTANT agrees to render to the SPONSOR all assistance requested by the SPONSOR. Compensation for work performed and costs incurred in connection with such requirement shall be made on a fair and equitable basis. In all cases provided for in this Agreement for the additional services above described, the SPONSOR'S directions shall be exercised by the issuance of a Supplemental Agreement. Item VI: This Agreement shall be reviewed by the Consultant when thirty percent (30%) and sixty percent (60%) of the allocated fees in the Agreement have been expended to determine if any changes or Supplemental Agreements are warranted. The CONSULTANT agrees to notify the SPONSOR, New York State Department of Transportation and the Federal Aviation Administration of the findings of each such review in writing. B. Partial Payments. The CONSULTANT shall be paid in monthly progress payments based on actual allowable costs incurred during the month in accordance with Section A of this Article. Monthly bills shall clearly identify the costs of the work performed and are subject to approval of the SPONSOR. A percentage of the Fixed Fee defined in Item IV of this Article shall be paid with each monthly payment. The percentage to be used in calculating the monthly payment under Section A, Item IV, shall equal the ratio of the costs expended during the billing period to the maximum amount payable (exclusive of fixed fee) allocated to fulfill the terms of this Agreement as established herein. Accounts of the CONSULTANT shall clearly identify the costs of the work performed under this Agreement and may be subject to periodic and final audit by the SPONSOR, New York State Department of Transportation and the Federal Aviation Administration. Such an audit shall not be a condition for making partial payments. The SPONSOR shall retain five percent (5%) of each monthly progress payment due under this Agreement, exclusive of Subcontractor costs, up to a maximum of twenty thousand dollars ($20,000.00) conditioned upon the faithful performance of all terms and provisions of this Agreement by the CONSULTANT. The SPONSOR shall retain from each monthly installment five percent (5%) of each Subcontractor's costs up to a maximum of twenty thousand dollars ($20,000.00) for each individual Subcontractor. C. Final Payment. Upon completion and acceptance of the project by the SPONSOR, New York State Department of Transportation and the Federal Aviation Administration, fifty percent (50%) of the retained percentages may be released. Final payment, including the balance of retainage, a r\7A211\006\003\ag=Am\iW —2— 1.11.93 T I 1 shall be made within sixty (60) days after the SPONSOR receives the final engineering audit. The acceptance by the CONSULTANT of the final payment shall constitute and operate as a release to the SPONSOR for all claims and liability to the CONSULTANT or his representatives, except as otherwise provided in Section A, Item V, herein. The maximum amount payable under this Agreement including profit shall be $130,910.00 unless there is a substantial change in scope, complexity, character or duration* of the work to be Time for completion of the services agreed to under this Contract shall be as recorded in Schedule A which is attached and made a part of this Agreement. *Duration would be applicable to construction inspection only. ARTICLE 3. STANDARD PRACTICES AND REQUIREMENTS. The CONSULTANT shall ascertain the standard practices of the SPONSOR, the New York State Department of Transportation, and the Federal Aviation Administration prior to beginning any of the work of this project. Where practicable, all work required under this Agreement shall be performed in accordance with these standard practices. In the event that provisions of these standard practices are in conflict or strict adherence to same is impossible or undesirable, the CONSULTANT may, with the approval of the other parties, vary or deviate from such standards. The CONSULTANT shall certify that all work performed under this Agreement will conform with all approved Federal and State standards and/or with deviations of such standards when approved. ARTICLE 4. DOCUMENTS FOR [ING THE CONTRACT. The Contract Documents shall be deemed to include this Agreement, with accompanying schedule or schedules. ARTICLE 5. TAXES, ROYALTIES AND EXPENSES. The CONSULTANT shall pay all taxes, royalties and expenses incurred in connection with the services under this Agreement, unless otherwise provided in Article 2. ARTICLE 6. CONSULTANT LIABILITY. The CONSULTANT shall be responsible for all damage to life and property due to activities of the CONSULTANT, his Subcontractors, agents or employees, in connection with his services under this Agreement. The CONSULTANT specifically agrees that his Subcontractors, agents or employees shall possess the experience, knowledge and character necessary to qualify them individually for the particular duties they perform. Further, it is expressly understood that the CONSULTANT shall indemnify and save harmless the SPONSOR, New York State Department of Transportation and Federal Aviation Administration from claims, suits, actions, damages and costs of every name and description resulting from the negligent performance of the services of the CONSULTANT under this Agreement, and such indemnity shall not be limited by reason of enumeration of any insurance coverage herein provided. Negligent performance of service, within the meaning of this Article, shall include, in addition to negligence founded upon tort, negligence based upon the CONSULTANT'S failure to meet professional aif\7:\211 \006=3\ag220.imU¢1 —3— 1.I 1.93 standards and resulting in obvious or patent errors in the progression of his work. Nothing in this Article or in this Agreement shall create or give to third parties any claim or right of action against the CONSULTANT or the SPONSOR beyond such as may legally exist irrespective of this Article or this Agreement. ARTICLE 7. LABOR LAW REQUIREMENTS. The CONSULTANT specifically agrees, as required by the Labor Law, Sections 220, 220-4 and 220-e, as amended, that his execution of this Agreement binds him to the following specific agreements: A. No laborer, worker or mechanic in the employ of the CONSULTANT, Subcontractor or other persons doing or contracting to do the whole or part of the work included in the Agreement shall be permitted or required to work more than eight (8) hours in any one (1) calendar day or more than five (5) days in one (1) week in the performance of work included in this Agreement except in the emergencies set forth in the Labor Law; B. The wages (including supplements) paid for a legal day's work shall be not less than the prevailing rate of wages (including supplements) as defined by law; C. The minimum hourly rate of wages (including supplements) to be paid shall not be less than that designated by the Industrial Commissioner; D. The minimum hourly supplements to be paid shall be in accordance with the prevailing practices in the locality where the project is located and shall be not less than designated by the Industrial Commissioner. Supplements as defined in Section 220 of the Labor Law, as amended, mean all remuneration for employment paid in any medium other than cash or reimbursement for expenses or any payments which are not wages within the meaning of the law, including, but not limited to health, welfare, non -occupational disability, retirement, vacation benefits, holiday pay and life insurance; E. The Labor Law provides that the Agreement may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than: 1. The stipulated wage scale (including supplements) as provided in the Labor Law, Section 220, Subdivision 3, as amended, or 2. The stipulated minimum hourly scale (including supplements) as provided in the Labor Law, Section 220-d, as amended. F. The CONSULTANT specifically agrees as required by the provisions of Labor Law, Section 220-e, as amended, that: In the hiring of employees for the performance of work under this Agreement or any Subcontract hereunder, no CONSULTANT, Subcontractor, nor any person acting on behalf of such CONSULTANT or Subcontractor shall, by reason of race, creed, sex, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; air\7:\21 I \006\003\sg220.iwW -4- 1.11.93 Wo W 2. No CONSULTANT or Subcontractor or any person on his behalf, shall in any manner discriminate or intimidate any employee hired for the performance of work under the Agreement on account of race, creed, sex, color or national origin. 3. There may be deducted from the amount payable to the CONSULTANT by the SPONSOR under the Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; 4. The Agreement may be canceled or terminated by the SPONSOR and all monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of the Agreement. G. Surveying Services - The SPONSOR recognizes that the CONSULTANT will be required by the New York State Department of Labor to compensate its personnel performing field survey work in accordance with the applicable state wage rates in effect at the same time services are performed. The SPONSOR understands that the CONSULTANT has no control over these labor rates and their periodic increases. Therefore, it is agreed that the SPONSOR will compensate the CONSULTANT for field survey services included as a part of this agreement in accordance with the pricing schedule made a part of this agreement. Furthermore, the SPONSOR will compensate the CONSULTANT for all increases in labor costs including applicable overhead and profit when those increases occur by direction of the New York State Department of Labor. Billings for these increases and payments by the SPONSOR of these increases will take place routinely in accordance with the appropriate terms of this agreement and these increases will be paid as an additional cost over and above the agreed contract amount. Additional Federal Labor Law provisions are contained in Schedule H. ARTICLE 8. NON DISCRU IINATION PROVISIONS. During the performance of this Contract, the CONSULTANT agrees as follows: A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin, and will take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Such action shall be taken with reference to, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation and selection for training or retraining, including apprenticeship and on-the-job training. B. The CONSULTANT will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Division of Human Rights, advising such labor union or representative of the CONSULTANT's Agreement under clauses (a) through (g) (hereinafter called "non- discrimination clauses"). If the CONSULTANT was directed to do so by the contracting agency as part of the bid or negotiation of this Agreement, the CONSULTANT shall request such labor union or representative to furnish him with a written statement that such labor union or representative will not discriminate because of race, creed, sex, color or national origin and that such labor union or representative will affirmatively cooperate within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non- air\7:\21 I\006\003\ag220Am\W -5- 1.11.93 discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Agreement shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with a request that it furnish such a statement, the CONSULTANT shall promptly notify the State Division of Human Rights of such failure or refusal. C. The CONSULTANT will post and keep in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the State's laws against discrimination as the State Commissioner of Human Rights shall determine. D. The CONSULTANT will state, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. E. The CONSULTANT will comply with the provisions of Section 291-299 of the Executive Law and Civil Rights Law, will furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the State Commissioner of Human Rights, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. F. This Agreement may be forthwith canceled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commissioner of Human Rights that the CONSULTANT has not complied with these non-discrimination clauses, and the CONSULTANT may be declared ineligible for future Agreements made by or on behalf of the State or a public authority or agency of the State, until he satisfies the State Commissioner of Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the State Commissioner of Human Rights after conciliation efforts by the State Division of Human Rights have failed to achieve compliance with these non-discrimination clauses and after verified complaint has been filed with the State Division of Human Rights, notice thereof has been given to the CONSULTANT and an opportunity has been afforded him to be heard publicly before the State Commissioner of Human Rights or his designee. Such sanctions may be imposed and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by law. G. The CONSULTANT will include the provisions of clauses (a) through (f) in every Subcontract or purchase order in such a manner that such provisions will be binding upon each Subcontractor or vendor as to operations to be performed within the State of New York. The CONSULTANT will take such action in enforcing such provisions of such Subcontract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the CONSULTANT becomes involved in or is threatened with litigation with a Subcontractor or vendor as a result of such direction by the contracting agency, the CONSULTANT shall promptly so notify the Municipal Counsel, requesting him to intervene and protect the interests of the SPONSOR. ArW:121 I \006\031ag=AwUW —6— 1.11.93 ARTICLE 9. WORKER'S COMPENSATION AND LIABILITY INSURANCE. The CONSULTANT agrees to procure and maintain at his own expense and without direct expense to the SPONSOR; with the exception of Item (b)4 which may be billed as a direct expense to the SPONSOR, until final acceptance by the SPONSOR of the services covered by this Agreement, insurance of the kinds and in the amounts hereafter provided in insurance companies authorized to do business in New York State, covering all operations under the Agreement, whether performed by it or by Subcontractors. Before commencing the work, the CONSULTANT shall furnish the SPONSOR a certificate or certificates in form satisfactory to the SPONSOR showing that it has complied with this schedule, which certificate or certificates shall provide that the policies shall not be changed or canceled until thirty (30) days written notice has been given to the SPONSOR. The kinds and amounts of insurance required are as follows: A. Policy or policies covering the obligations of the CONSULTANT in accordance with the provisions of any applicable Worker's Compensation or Disability Benefits Law, including for the State of New York Chapter 41, Laws of 1914, as amended, known as the Worker's Compen- sation Law, and amendments thereto, and Chapter 600 of the Laws of 1949, as amended, known as the Disability Benefits Law, and this Agreement shall be void and of no effect unless the CONSULTANT procures such policy or policies and maintains the same in force during the term of this Agreement. B. Protective Liability Insurance issued to and covering the liability of the Municipal Corporation, the Federal Aviation Administration, the State, the Commissioner and all employees or other representatives of each of them, both officially and personally with respect to all operations under the Agreement including omissions and supervisory acts of the Municipal Corporation, the Federal Aviation Administration, the State, the Commissioner and their employees or other representatives. Policies of bodily injury liability and property damage liability insurance, each with limits of liability of not less than one hundred thousand dollars ($100,000.00) for all damages arising out of bodily injury, including death at any time resulting therefrom sustained by one person in any one accident and subject to that limit for each person; not less than three hundred thousand dollars ($300,000.00) for all damages arising out of bodily injury, including death at any time resulting therefrom, sustained by two or more persons in any one accident, and not less than one hundred thousand dollars ($100,000.00) for all damages arising out of injury to or destruction of property in any one accident and subject to this limit per accident not less than three hundred thousand dollars ($300,000.00) for all damages arising out of injury to or destruction of property during the policy period. 1. Liability insurance issued to and covering the liability of the CONSULTANT with respect to all work performed by him under this Agreement. 2. Liability insurance issued to and covering the liability of each of the CONSULTANT'S Subcontractors with respect to all work performed by said Subcontractors under this Agreement. 3. Protective liability insurance issued to and covering the liability of the CONSULTANT with respect to all work under this Agreement performed for the CONSULTANT by Subcontractors. air%7:\211\006=3\ag220.iwUa1 -7- 1. 11.93 4. Protective liability insurance issued to and covering the liability of the SPONSOR and all employees of the SPONSOR, both officially and personally, with respect to all operations under this Agreement by the CONSULTANT or by his Subcontractor, including omissions and supervisory acts of the SPONSOR and its employees. ARTICLE 10. ASSIGNMENT REQUIREMENTS. The CONSULTANT specifically agrees that: A. He is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of the Agreement or of his right, title or interest therein, or his power to execute such Agreement, to any other person, company or corporation without the previous consent in writing of the SPONSOR and the Commissioner of Transportation and the Federal Aviation Administration. B. If this provision of the Agreement is violated, the SPONSOR may revoke and annul the Agreement and the SPONSOR shall be relieved from any and all liability and obligations thereunder to the person, company or corporation to whom the CONSULTANT shall assign, transfer, convey, sublet or otherwise dispose of the Agreement, and such transferee shall forfeit and lose all monies therefore assigned under said Agreement, except so much as may be required to pay his employees. ARTICLE 11. EXTRA WORK. If the CONSULTANT is of the opinion that any work he has been directed to perform is beyond the scope of this Agreement and constitutes Extra Work, he shall promptly notify the SPONSOR of that fact. The SPONSOR shall be the sole judge as to whether or not such work is in fact beyond the scope of this Agreement and constitutes Extra Work. If the SPONSOR determines that such work does constitute Extra Work, it shall provide extra compensation to the CONSULTANT upon a fair and equitable basis. A Supplemental Agreement providing for such compensation for Extra Work shall be prepared and executed by the CONSULTANT and SPONSOR and be approved by the appropriate State and Federal officials. ARTICLE 12. ABANDONMENT, CHANGE OF PLAN AND TERMINATION. The SPONSOR shall have the absolute right to abandon the work or to amend its project or to change the general basis at any time, and such action on its part shall in no event be deemed a breach of contract. If the SPONSOR does amend its project or change the general basis and the CONSULTANT is of the opinion that Extra Work is made necessary as a result thereof, the provisions of Article 11 of this Agreement with respect to Extra Work shall apply. The SPONSOR has the right to terminate this Agreement at its pleasure and make settlement with the CONSULTANT upon an equitable basis as determined by the SPONSOR, who shall fix the value of the work performed by the CONSULTANT prior to the termination of this Agreement. In determining the value of the work performed, the SPONSOR shall consider the following: air\7:\211\006\003\ag7.D0AwMW -8- 1.11.93 A. The ratio of the amount of work performed by the CONSULTANT prior to the termination of the Agreement to the total amount of work contemplated by this Agreement, less any payments previously made. B. The amount of the expense to which the CONSULTANT is put in performing the work performed prior to the termination, in proportion to the amount of expense to which the CONSULTANT would have been put had he been allowed to complete the total work contemplated by the Agreement, less any payments previously made. C. The actual cost incurred by the CONSULTANT as verified by audit, plus a portion of the fixed fee equal to the percentage of work completed. In determining the value of the work performed by the CONSULTANT prior to the termination, no consideration will be given to profit which the CONSULTANT might have made on the uncompleted portion of the work. If the termination is brought about as a result of unsatisfactory performance on the part of the CONSULTANT, the value of the work performed by the CONSULTANT prior to termination shall be fixed solely on the ratio of such work to the total amount of work contemplated by this Agreement. ARTICLE 13. SUSPENSION OF WORK. In the event that the work under the Agreement is entirely suspended, the CONSULTANT agrees that his services shall likewise be suspended without compensation for the suspended period, unless otherwise directed by the SPONSOR. Upon the resumption of the work under the Agreement, the CONSULTANT shall resume his services under this Agreement until the work is completed and accepted. In all cases provided for in this Agreement for the additional services above described, the SPONSOR'S directions shall be exercises by the issuance of a Supplemental Agreement. ARTICLE 14. DEATH OR DISABILTTY OF THE CONSULTANT. In case of the death or disability of one or more, but not all, of the persons herein referred to as the CONSULTANT, the rights and duties of the CONSULTANT shall devolve upon the survivor or survivors of them, who shall be obliged to perform the services required under this Agreement, and the SPONSOR shall make all payments due to him or them. In case of the death or disability of all the persons herein referred to as the CONSULTANT, all data and records pertaining to the project shall be delivered within sixty (60) days to the SPONSOR or its duly authorized representative. In case of the failure of the CONSULTANT, his successors or personal representatives, to make such delivery on demand, then and in that event the representatives of the CONSULTANT shall be liable to the SPONSOR for any damages it may sustain by reason thereof. Upon the delivery of all such data to the SPONSOR, the SPONSOR will pay to the representatives of the CONSULTANT all amounts due the CONSULTANT, including retained percentages to the date of the death of the last survivor. au\7:\21 I \006=3\ag2MAwUu1 -9- 1.11.93 ARTICLE 15. INIRCHANGE OF DATA. All technical data in regard to the project whether (a) existing in the office of the SPONSOR or (b) existing in the office of the CONSULTANT, shall be made available to the other party to this Agreement without expense to such other party as the case may be. ARTICLE 16. DISPOSITION OF PROJECT DOCUMENTS. At the time of completion of the work, the CONSULTANT shall make available to the SPONSOR all original tracings, plans, maps, computerized programs and reports which have been prepared as the result of this Agreement. This material shall become the property of the SPONSOR and the maintenance of the data shall be the responsibility of the SPONSOR. The cover sheet of each document furnished to the SPONSOR by the CONSULTANT shall include the appropriate State and Federal financial notices and the endorsement of the CONSULTANT. In the event that this Agreement is terminated for any reason, then within ten (10) days after such termination, the CONSULTANT shall make available to the SPONSOR all data and material prepared under this Agreement including cover sheets in accordance with the above paragraph. ARTICLE 17. DAMAGES AND DELAYS. The CONSULTANT agrees that no charges or claim for damages shall be made by him for any delays or hindrances from any cause whatsoever during the progress of any portion of the services specified in this Agreement. Such delays or hindrances, if any, shall be compensated for by an extension of time for such reasonable period as the SPONSOR may decide, it being understood, however, that the permitting of the CONSULTANT to proceed to complete any services or any part of them after the date of completion or after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the SPONSOR of any of its rights herein. ARTICLE 18. CODE OF ETHICS. The CONSULTANT specifically agrees that this Agreement may be canceled or terminated if any work under this Agreement is in conflict with the provisions of Section 74 of the New York State Public Officers' Law, as amended and Schedule G. ARTICLE 19. INDEPENDENT CONTRACTOR. The CONSULTANT, in accordance with his status as an independent contractor, covenants and agrees that he will conduct himself consistent with such status, that he will neither hold himself out as nor claim to be an officer or employee of the SPONSOR by reason hereof, and that he will not by reason hereof make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the SPONSOR, including but not limited to, worker's compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. air\7:\211 \006\003\9g220. wMW —10— 1.11.93 ARTICLE 20. PATENT RIGHTS AND COPYRIGHTS. Any patentable result arising out of this Agreement, as well as all information, designs, specifications, know-how data, and findings, shall be made available without cost to the State or its licensees and the Federal Aviation Administration for public use. No material prepared in connection with this project will be subject to copyright. The State and the Federal Aviation Administration will have the right to publish, distribute, disclose or otherwise use any material prepared under this project. ARTICLE 21. NEW YORK STATE PARTICIPATION. The work in this Agreement is included in a New York State Department of Transportation project, which is being undertaken and accomplished by the SPONSOR and the State of New York, pursuant to which the State has agreed to pay a certain percentage of the allowable project costs. The State of New York is not a party to this Agreement and no reference in this Agreement to the Commissioner of Transportation or any representative thereof, or to any rights granted to the Commissioner of Transportation or any representative thereof or the State of New York, by the Agreement, make the State of New York a party to this Agreement. The CONSULTANT and the SPONSOR agree that properly authorized officials of the State of New York may from time to time inspect, all project documents for the purpose of insuring compliance with New York State laws and protecting the interests of New York State. ARTICLE 22. FEDERAL PARTICIPATION. The Federal Aviation Administration is not a party to this Contract although the project work program covered by this Agreement is to be financially aided in part by a Grant Agreement between the SPONSOR and the Federal Aviation Administration as provided for under the Airport and Airway Development Act of 1970 (P.L. 91258). The SPONSOR and the CONSULTANT hereby agree to comply fully with the conditions set forth in detail in the Grant Agreement as though they were set forth in detail in this Agreement. The CONSULTANT further agrees that by reason of complying with the conditions of the Grant Agreement, no obligation is entailed on the part of the Federal Aviation Administration to the CONSULTANT. The CONSULTANT and the SPONSOR agree that properly authorized officials of the Federal Aviation Administration may from time to time inspect all project documents for the purpose of insuring compliance with Federal laws and protecting the interests of the Federal Aviation Administration. ARTICLE 23. MISCELLANEOUS. A. The CONSULTANT agrees that he shall require all persons employed upon the work, including his Subcontractors, agents, officers and employees, to comply with all applicable laws in the jurisdiction in which the work is performed. B. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. air\7:\21IN006\003\ag220.imU91 — 1 1 — 1. 11.93 C. By execution of this Agreement, the CONSULTANT represents that he has not paid and also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this Agreement. D. The SPONSOR and CONSULTANT agree that all project documents requiring formal approval by a Federal agency will be submitted to the New York State Department of Transportation for their prior approval and forwarding to the Federal agency for its formal approval. The SPONSOR and CONSULTANT agree that approval of all project documents requires the complete, prior and simultaneous coordination with the Federal agency and New York State Department of Transportation. ARTICLE 24. SUBCONTRACTORS/SUBCONSULTANTS. All subcontractors and subconsultants performing work on this project shall be bound by the same required contract provisions as the prime consultant. All agreements between the prime consultant and a subcontractor or subconsultant shall include all standard required contract provisions, and such agreements shall be subject to review by the State and the Federal Aviation Administration. IN WITNESS WHEREOF, this Agreement has been executed by the SPONSOR, acting by and through the Supervisor of the Town of Southold, who has caused the seal of his office to be affixed hereto, and the CONSULTANT, by and through a duly authorized officer has executed this Agreement effective the day and year first above written, subject to the approval of the Commissioner, Department of Transportation, the State Comptroller and the Federal Aviation Administration. SPONSOR Town of Southold CONSULTANT C&S Engineers, Inc. -+ B By y: , Ze", Scott L. Harris 4Rond Peckham, P.E. Title: Town Supervisor Title: Vice President Date: m Date: air\7:\211\006=3\ag2W.im\IM1 -12- 1.11.93 (ACKNOWLEDGEMENT OF OFFICER OR OWNER ATTESTING CONTRACT) State of New York ) County ofV4C S3: O th's d y of 19,g before me personally came and appeared to me known, who being b me duly sw rn di depose and say that he is the of th described in and which execu"" the egoing instrument, that he knows the of said Owner; that one of the impressions appearing on said instrument is a true and correct impression of such seal; and that he affixed it thereto and attest the same over his signature by virtue of the authority in him vested. Notary Public JUDITH T. TERRY Notary Public. State of New Yak No, 52-0344983 Qualifiod in Suffolk County Commission Expires may 3l, 19413__� ACKNOWLEDGEMENTOF CORPORATION State of New York ) County of Onondaga) SS: On this % day of _ .iz l , 19 �'-? before me personally came and appeared RONALD L. PECKHAM, P.E., to me k6own, who being duly sworn, did depose and say that he resides in Liverpool, New York; that he is the Vice President of C&S ENGINEERS, INC., the CORPORATION described in and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that is was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. A�)/ ' Notary Pub ' No ary Pup is ANN 11EBOWln A Qualified in At e of Now Ypk osolo"h , -13- 1.11.93 SCHEDULE A (FULL-TIME) Project Description: Perform Construction Contract Administration and Inspection Services During Construction of Runway 7-25 & 12-30 Overlay Contract at Fishers Island Airport - Elizabeth Field. This Project Generally Includes the Bituminous Overlay of both Runways and all Associated Crack Repairs and Markings. The CONSULTANT agrees that the following types of professional services will be provided within the scope of Schedule "B": 1. Provide consultation and advice to the SPONSOR during construction including the holding of a pre -construction conference and other meetings required during the course of construction. 2. Provide technical inspection of construction by a full-time resident engineer or inspector and supporting staff as required, who will also: A. Maintain a project record in conformance with the M.U.R.K. requirements of the New York State Department of Transportation for aviation capital projects. B. Review and approve requests for monthly and final payments to contractors. C. Prepare monthly and final requests for reimbursement for State and Federal Aid on behalf of the SPONSOR. D. Supervise testing and inspection. Arrange for, conduct or witness field, laboratory or shop tests of construction materials as required by the Plans and Specifications; determine the suitability of materials on the site and brought to the site to be used in construction; interpret the Contract Plans and Specifications and check the construction activities to assure compliance with the intent of the design; measure, compute or check quantities of work performed and quantities of materials in-place for partial and final payments to the Contracts. E. Prepare and negotiate change orders and supplemental agreements with the Contractor on behalf of the SPONSOR. 3. Submit progress reports of construction activity and problems encountered as required by the SPONSOR, the New York State Department of Transportation and the Federal Aviation Administration. 4. Prepare and furnish copies and one (1) reproducible of the "Record" Drawings for the completed project to the SPONSOR. Issue certificates of completion to the SPONSOR, the New York State Department of Transportation and the Federal Aviation Administration on completion of construction. airl7:\211W06\003\eg220dw\kal 1.11.93 6. Provide assistance to the SPONSOR as an expert witness in any litigation that may arise from the development or construction of the Project. Payment for this service will be as stated in Item V, Article 2A of this Agreement. 7. The CONSULTANT agrees to provide the services in this phase of the Agreement during the construction contract period, which is estimated to be as follows: Preconstruction Inspection - 5 Days Inspection - 50 Days (10 -Hour Working Days) Post Construction - 5 Days END OF SCHEDULE air\7:\211\006\003\%g220.ins\W A-2 1.11.93 T * ARCHITECTURAL/ENGINEERING * COST SUMMARY * SCHEDULE "B" * INSPECTION PHASE PROJECT: RUNWAY 7-25 & 12-30 OVERLAY PROJ DESCRIPTION: BITUMINOUS OVERLAY OF RUNWAY 7-25 & 12-30 CLIENT: TOWN OF SOUTHOLD CLIENT MANAGER: MR. PHIL KNAUFF I. DIRECT SALARY COSTS: MAXIMUM ----------------------------------------- TITLE A. DIVISION MANAGER B. MANAGING ENGINEER C. SEN PROD ENGINEER D. PROJECT ENGINEER E. SEN GEOLOGIST (SOILS ENG) F. ENVIRONMENTAL SCIENTIST G. ENGINEER H. ASST ENGINEER I. DESIGNER J. SEN DRAFTSMAN K. DRAFTSMAN L. TECHNICAL TYPIST M. GRANT ADMINISTRATOR N. INSPECTION SUPERVISOR 0. RESIDENT ENGINEER P. CHIEF INSPECTOR 0. SEN INSPECTOR R. INSPECTOR S. JR INSPECTOR T. PARTY CHIEF U. INSTRUMENT MAN V. RODMAN RATE OF PAY ($/HR) $50.20 538.10 $29.30 $24.80 $25.50 $18.40 $22.70 $19.60 $18.10 $14.30 $11.90 $13.80 $18.70 $29.20 $29.70 $27.50 $22.90 $18.00 $11.60 $30.50 $27.40 $24.10 II. OVERHEAD EXPENSES & PAYROLL BURDEN PER SCHEDULE "C" - (AUDITABLE, ESTIMATED AND EXPRESSED AS A PERCENTAGE OF DIRECT SALARY COST): A. AGREEMENT AMOUNT & FAA ELIGIBLE FACTOR: B. NYSDOT ELIGIBLE FACTOR: AVERAGE RATE OF PAY ($/HR) @ 538.00 X $31.40 X $25.30 X 522.40 X 523.90 X 517.00 X 518.40 X 516.20 X $15.00 X $12.40 X $10.00 X $10.50 X 517.80 X $26.50 X $25.30 X $23.60 X 518.50 X $14.10 X 510.90 X $27.70 X $24.90 X 521.80 X DATE: 23 -Aug -93 A/E: C & S ENGINEERS, INC. PROJECT NO: 211.006 C&S CONTACT: M.PETRANCHUK HOURS 16 24 0 98 0 0 0 60 0 32 0 60 60 204 630 0 150 0 0 0 0 0 TOTAL ESTIMATED DIRECT SALARY COST RUNWAY 7-25 & 12-30 OVERLAY Page 1 145% 100% NYSDOT ELIGIBLE COST -------------- $30,744.00 -------------- COST $608.00 $754.00 $0.00 $2,195.00 $0.00 $0.00 $0.00 $972.00 $0.00 $397.00 $0.00 $630.00 $1,068.00 $5,406.00 $15,939.00 $0.00 $2,775.00 $0.00 $0.00 $0.00 $0.00 $0.00 -------------- -------------- $30,744.00 AGREEMENT AMOUNT & FAA ELIGIBLE COST ---------------- $44,579.00 III. SUBTOTAL OF ITEMS I & II: A. AGREEMENT AMOUNT & FAA ELIGIBLE: B. NYSDOT ELIGIBLE: IV. ESTIMATE OF DIRECT EXPENSES: 8 $50.00 = $3,250.00 A. CAR RENTAL = $598.00 1 PERSONS a $400.00 65 DAYS a B. TRAVEL, ON SITE, BY AUTO: 8 SHEETS/SET 65 DAYS B C. TRAVEL, BY AIR: $5.00 = $80.00 30 TRIPS 0 D. PER DIEM: 65 DAYS 2 E. REPRODUCTION - 1. DRAWINGS: 5 SETS a 2. MYLARS: F. MISCELLANEOUS: l 1 MILES/TRIP 8 $50.00 = $3,250.00 40 MILES/DAY 8 $0.23 = $598.00 1 PERSONS a $400.00 = $12,000.00 1 PERSONS 2 $151.00 = $9,815.00 8 SHEETS/SET a $1.00 = $40.00 16 SHEETS @ $5.00 = $80.00 _ $317.00 TOTAL ESTIMATE OF DIRECT EXPENSES V. FIXED FEE (PROFIT, LUMP SUM): A. LABOR PLUS OVERHEAD: 1 AGREEMENT AMOUNT & FAA ELIGIBLE FACTOR: 2 NYSDOT ELIGIBLE FACTOR: B. DIRECT EXPENSES: 1 AGREEMENT AMOUNT & FAA ELIGIBLE FACTOR: 2 NYSDOT ELIGIBLE FACTOR: NYSDOT AGREEMENT AMOUNT ELIGIBLE & FAA COST ELIGIBLE COST -------------- ---------------- $75,323.00 $61,488.00 $26,100.00 $26,100.00 15% (OF III.A.) $11,298.00 15% (OF III.B.) $9,223.00 15% (OF IV.) $3,915.00 0.0% (OF IV.) -------------- -------------- $0.00 -------------- -------------- TOTAL FIXED FEE $9,223.00 $15,213.00 RUNWAY 7-25 & 12-30 OVERLAY Page 2 � � Y VI. SUBCONTRACTS: A. ESTIMATE OF CUT & FILL SURVEYS: B. ESTIMATE OF CONSTRUCTION TESTING SERVICES: 1 ASPHALT TECHNICIAN (PLANT): 18 DAYS is $250.00 = $4,500.00 2 SOILS/CONCRETE TECHNICIAN: 8 DAYS 8 $200.00 = $1,600.00 3 ADDITIONAL PAVEMENT CORES: 4 EACH 8 $50.00 = $200.00 4 TRIP CHARGE: 4 EACH @ $60.00 = $240.00 5 MECHANICAL ANALYSIS: 6 EACH 2 $35.00 = $210.00 6 HYDROMETER ANALYSIS: 6 EACH a $60.00 = $360.00 7 ATTERBERG LIMITS: 6 EACH a $55.00 = $330.00 8 LABORATORY PROCTORS: 20 EACH 8 $100.00 = $2,000.00 9 CONCRETE COMPRESSIVE STRENGTH: 2 EACH 9 $6.00 = $12.00 10 CONCRETE FLEXURAL STRENGTH: 0 EACH a $6.00 = $0.00 11 TOPSOIL (pH): 2 EACH & $40.00 = $80.00 12 LA ABRASION: 2 EACH @ $180.00 = $360.00 13 MAGNESIUM SULFATE SOUNDNESS: 2 EACH a $185.00 = $370.00 14 NATURAL MOISTURE CONTENT: 2 EACH 8 $6.00 = $12.00 TOTAL ESTIMATED CONSTRUCTION TESTING SERVICES: NYSDOT AGREEMENT AMOUNT ELIGIBLE & FAA COST ELIGIBLE COST -------------- ---------------- $4,000.00 $4,000.00 $10,274.00 $10,274.00 -------------- -------------- -------------- -------------- VII. TOTALS: A. ESTIMATE OF MAXIMUM TOTAL COST FOR INSPECTION SERVICES, NYSDOT ELIGIBLE: $111,085.00 B. ESTIMATE OF MAXIMUM TOTAL COST FOR INSPECTION SERVICES, AGREEMENT TOTAL & FAA ELIGIBLE: RUNWAY 7-25 & 12-30 OVERLAY Page 3 $130,910.00 SCHEDULE C C&S ENGINEERS, INC. 1020 SEVENTH NORTH STREET LIVERPOOL, NEW YORK 13088 ESTIMATED ALLOWABLE OVERHEAD FYE 12/31/93 DOLLARS SALARY OVERHEAD (PAYROLL BURDEN) MULTIPLIER Vacation & Holiday Pay 520,000.00 0.118 Sick & Personal Pay 162,000.00 0.037 FICA Taxes 540,000.00 0.123 Unemployment Taxes 45,000.00 0.010 Workmen's Compensation Insurance 29,000.00 0.007 Group Insurance 450,000.00 0.102 Bonus 25,000.00 0.006 Miscellaneous Employee Benefits 115,000.00 0.026 Payroll Preparation 6.000.00 0.001 TOTAL 1,892,000.00 0.430 GENERAL & ADMINISTRATIVE OVERHEAD Indirect Labor 970,000.00 0.220 Clerical & Administrative 901,700.00 0.205 Project Development 680,000.00 0.155 Meeting, Conventions & Education 70,000.00 0.016 Office Supplies & Expenses 230,000.00 0.052 Field Supplies 25,000.00 0.006 Insurance 325,000.00 0.074 Depreciation 230,000.00 0.052 Rent 530,000.00 0.120 Utilities & Maintenance 190,000.00 0.043 Telephone 105,000.00 0.024 Auto Expenses 43,000.00 0.010 Dues & Fees 65,000.00 0.015 Legal & Accounting Expenses 125,000.00 0.028 Miscellaneous 0.00 0.000 TOTAL 4,489,700.00 1.020 TOTAL ALLOWABLE OVERHEAD 6,381,700.00 1.450 TOTAL DIRECT LABOR 4,400,000.00 1.000 END OF SCHEDULE air\7:\211 W06\003\ag22DJwUm1 1.11.93 SCHEDULE E (RESOLUTION TO BE INSERTED) air\7:\211\006` M\agMO.im\W 1.11.93 SCHEDULE G CERTIFICATION OF CONSULTANT I hereby certify that I am the Vice President and duly authorized representative of the firm of C&S Engineers, Inc., whose address is 1020 Seventh North Street, Liverpool, New York, and that neither I nor the above firm I here represent has: A. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Contract. B. agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services of any firm or person in connection with carrying out the Contract, or C. paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States' Department of Transportation, in connection with this Contract, involving participation of Airport Improvement Program (AIP) funds and is subject to applicable state and Federal laws, both criminal and civil. Ate END OF SCHEDULE Ronald L. Pec am, P.E. Vice President air\7:\211\006\003\ag220.iwMW 1. 11.93 3 SCHEDULE H AIRPORT AID PROGRAM There is set forth below the contract provision required by the regulations of the Secretary of Labor in Parts 5 and 5a of Title 29 of the Code of Federal Regulations. Section 152.55(a) requires sponsors to insert this provision in full in each construction contract. PROVISION REQUIRED BY THE REGULATIONS OF THE SECRETARYOF LABOR A. MINIMUM WAGES All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision(s) of the Secretary of Labor which is (are) attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision(s) shall be posted by the contractor at the site of the work in a prominent place where it (they) can be easily seen by the workers. For the purpose of this paragraph, contributions made or costs reasonably anticipated under Section 1(b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Subparagraph 4 below. Also for the purpose of this paragraph, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period [29 CFR 5.5(a)(I)(i)]. 2. Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination(s) and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination(s), and a report of the action taken shall be sent by the SPONSOR to the FAA for approval and transmittal to the Secretary of Labor. In the event that the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for final determination 129 CFR 5.5(a)(1)(ii)]. 3. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof shall be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for determination 129 CFR 5.5(a) (1)(iii)]. 4. If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract. Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. B. WITHHOLDING: FAA FROM SPONSOR. Pursuant to the terms of the grant agreement between the United States and SPONSOR, relating to Airport Development Aid Project No. and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), the FAA may withhold or cause to be withheld from the SPONSOR so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the Contractor or any Subcontractor on the work the full amount of wages required by this Contract. In the event of failure to pay any laborer or mechanics, including any apprentice or trainee, employed or working on the site of the work all or part of the wages required by this Contract, the FAA may, after written notice to the SPONSOR, take such action as may be necessary to cause the suspension of any further payment or advance of funds until such violations have ceased 129 CFR 5.5(a)(2)]. C. PAYROLLSAND BASIC RECORDS. Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv) (see Subparagraph 4 of Paragraph A above), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I (b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that air\7:\211\0061003\ag220.iw\Ia1 1. 11.0 the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits [29 CFR 5.5(a)(3)O]. 2. The Contractor will submit weekly a copy of all payrolls to the SPONSOR for availability to the FAA as required by SS 152.59(a). The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this Contract and the Copeland regulations of the Secretary of Labor (29 CFR Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor, under 29 CFR 5.5(a)(1)(iv) (see Subparagraph 4 of Paragraph A above), shall satisfy this requirement. The prime Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors. The Contractor will make the records required under the labor standards clauses of the Contract available for inspection by authorized representatives of the FAA and the Department of Labor, and will permit such representatives to interview employees during working hours on the job [29 CFR 5.5(a)(3)(ii)]. D. APPRENTICES AND TRAINEES 1. Apprentices. Apprentices will be permitted to work as such only when the are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in Subparagraph 2 of this Paragraph, or who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The Contractor or Subcontractor will be required to furnish to the SPONSOR written evidence of the registration of his program and apprentices as well as of the Appropriate ratios and wage rates, for the area of construction prior to using any apprentices on the contract work [29 CFR 5.5(a)(4)]. 2. Trainees. Trainees will be permitted to work as such when they are bona tide trainees employed pursuant to a program approved by the United States Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training and, where Subparagraph 3 of this Paragraph is applicable, in accordance with the provisions of Part 5a.29 CFR, Subtitle A. 3. Application of 29 CFR Part 5a. On contracts in excess of $10,000,the employment of all laborers and mechanics, including apprentices and trainees as defined in 29 CFR 5.2(c) shall be also be subject to the provisions of 29 CFR Part 5a. Apprentices and trainees shall be hired in accordance with the requirements of 29 CFR Parts 5a as set forth in Subparagraphs 4, 5, 6, 7, and 8 of this Paragraph. 4. Apprentice and Trainee Employment Requirements. a. The Contractor agrees: 1) That he will make a diligent effort to hire for the performance of the contract a number of apprentices or trainees, or both, in each occupation, which bears to the average number of the journeymen in that occupation to be employed in the performance of the contract the applicable ratio as determined by the Secretary of Labor; 2) That he will assure that 25 percent of such apprentices or trainees in each occupation are in their first year of training, where feasible. Feasibility here involves a consideration of the availability of training opportunities for first year apprentices, the hazardous nature of the work for beginning workers, excessive unemployment of apprentices in their second and subsequent years of training; and 3) That during the performance of the Contract he will, to the greatest extent possible, employ the number of apprentices or trainees necessary to meet currently the requirements of Subdivisions 1) and 2) of this Subparagraph. The Contractor agrees to maintain records of employment by trade of the number of apprentices and trainees, apprentices and trainees by first year of training, and of journeymen, and the wages paid and hours of work of such apprentices, trainees, and journeymen. The Contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal Aviation Administration. c. The Contractor who claims compliance based on the criterion stated in (Subdivision 5 b. of this Paragraph) agrees to maintain records of employment, as described in Subdivision b. of this Paragraph on non -Federal and non - Federally assisted construction work done during the performance of this contract in the same labor market area. air\7:\211\006\003\ag220JnsUm1 H-2 1.11.93 The Contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal Aviation Administration. d. The Contractor agrees to supply one copy of the written notices required in accordance (with Subsection 5 c.) at the request of Federal Aviation Administration compliance officers. The Contractor also agrees to supply at three-month intervals during performance of the Contract and after completion of contract performance a statement describing steps taken toward making a diligent effort and containing a breakdown by craft, of hours worked and wages paid for first year apprentices and trainees, other apprentices and trainees, and journeymen. One copy of the statement will be sent to the Federal Aviation Administration, and one to the Secretary of Labor. e. The Contractor agrees to insert in any Subcontract under this contract the requirements contained (in this Subdivision 4). Subparagraphs 5, 6, 7, and 8 shall also be attached to each such Contract for the information of the Contractor. The term "Contractor" as used in such clauses in any Subcontract shall mean the Subcontractor. 5. Criteria for Measuring Diligent Effort. A Contractor will be deemed to have made a "diligent effort" as required by Subparagraph 4 of this Paragraph if during the performance of his Contract he accomplishes at least one of the following three objectives: a. The Contractor employees on this project a number of apprentices and trainees by craft as required by the Contract clause at least equal to the ratios established in accordance with Subparagraph 6 of this Paragraph. b. The Contractor employs, on all his public and private, construction work combined in the labor market area of this project, an average number of apprentices and trainees by craft as required by the contract clauses, at least equal to the ratios established in accordance with Subparagraph 6. 1) Before commencement of work on the project, the Contractor, if covered by a collective bargaining agreement, will give written notice to all joint apprenticeship committees: the local United States Employment Security Office; local chapter of the Urban League (Workers Defense League) or other local organization concerned with minority employment; and the Bureau of Apprenticeship and Training Representative, United State Department of Labor, for the locality. The Contractor, if not covered by a collective bargaining agreement, will give written notice to all the groups stated above except joint apprenticeship committees; this Contractor also will notify all non joint apprenticeship sponsors in the labor market area. 2) The notice will include at least the Contractor's name and address, the jobsite address, value of contract, expected starting and completion dates, the estimated average number of employees in each occupation to be employed over the duration of the Contract, and a statement of his willingness to employ a number of apprentices and trainees at least equal to the ratios established in accordance with Subparagraph 6. 3) The Contractor must employ all qualified applicants referred to him through normal channels (such as the Employment Service, the Joint Apprenticeship Committees and, where applicable, minority organizations and apprentice outreach programs who have been delegated this function) at least up to the number of such apprentices and trainees required by the applicable provision of Subparagraph 6. 6. Determination of ratios of Apprentices or Trainees to Journeymen. The Secretary of Labor has determined that the applicable ratios of apprentices and trainees to journeymen in any occupation shall be as follows: In any occupation the applicable ratio of apprentices and trainees to journeymen shall be equal to the predominant ratio for the occupation in the area where the construction is to be undertaken, set forth in collective bargaining agreements or other employment agreements, and available through the Regional Manager for the Bureau of Apprenticeship and Training for the applicable area. b. For any occupation for which no such ratio is found the ratio of apprentices and trainees to journeymen shall be determined by the Contractor in accordance with the recommendations set forth in the standards of the National Joint Apprentice Committee for the occupation, which are filed with the United States Department of Labor's Bureau of Apprenticeship and Training. For any occupation for which no such recommendations are found, the ratio of apprentices and trainees to journeymen shall be at least one apprentice or trainee for every five journeymen. 7. Variations, Tolerances, and Exemptions. Variations, tolerances, and exemptions from any requirement of this Part with respect to any Contract or Subcontract may be granted when such action is necessary and proper in the public interest, or to prevent injustice, or undue hardship. A request for a variation, tolerance, or exemption may be made in writing by any interested person to the Secretary, United States Department of Labor, Washington, D.C. 20210. air\7:\21 1\006\003\ag=.in8MW H-3 1.11.93 8. Enforcernent. a. The FAA shall insure that the Contract clauses required by Subdivision 4 a. of this Paragraph are inserted in every Federal or Federally assisted construction contract subject thereto. For assistance programs for construction work for which it does not contract directly, the FAA shall promulgate regulations and procedures necessary to insure that contracts for the construction work subject to Subdivision 4 of this Paragraph D will contain the clauses required thereby. Enforcement activities, including the investigation of complaints of violations, to assure compliance with the requirements of this Part, shall be the primary duty of the FAA. The Department of Labor will coordinate its efforts with the FAA, as may be necessary to assure consistent enforcement of the requirements of this Part. Enforcement of these provisions shall be in accordance with 29 CFR 5.6. E. COMPLIANCEWITHCOPELANDREGULATIONS. The Contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference (29 CFR 5.5(a)(5)). F. OVERTE%IEREQUIREMENTS. No Contractor or Subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek unless such laborer or mechanic received compensation at a rate not less than 1 1/2 times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek, as the case may be (29 CFR 5.5(c)(1)). G. VIOLATIONS;LdABII1TYFOR UNPAID WAGES;LIQUIDATEDDAMAGES. In the event of any violation of Paragraph F of this provision, the Contractor and any Subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed, with respect to each individual laborer or mechanic employed in violation of said Paragraph F of this provision, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by said Paragraph F of this Provision (29 CFR 5.5(c)(2)). H. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES, AND PRIORITY OF PAYMENT. The FAA may withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or Subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in Paragraph G of this Provision (29 CFR 5.5(c)(3)). 2. In the event of failure or refusal of the Contractor or any Subcontractor to comply with overtime pay requirements of the Contract Work Hours and Safety Standards Act, if the funds withheld by the FAA for the violations are not sufficient to pay fully both the unpaid wages due laborers and mechanics and the liquidated damages due the United States, the available funds shall be used first to compensate the laborers and mechanics for the wages to which they are entitled (or an equitable portion thereof when the funds are not adequate for this purpose); and the balance, if any, shall be used for the payment of liquidated damages (29 CFR 5.14(d)(2)). L WORKING CONDITIONS. No Contractor may require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1518;36 F.R. 7340) issued by the Secretary of Labor. J. SUBCONTRACTS. The Contractor will insert in each of his subcontracts the clauses contained in Paragraphs A through K of this provision, and also a clause requiring the Subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made (29 CFR 5.5(a)(6), 5.5(c)(4)). K. CONTRACTTERMINATION;DEBARMENT. A breach of Paragraphs A through J of this provision may be grounds for termination of the contract. A breach of Paragraphs A through E and I may also be grounds for debarment as provided in 29 CFR 5.6 of the regulations of the Secretary of Labor (29 CFR 5.5(a)(7)). END OF SCHEDULE air\7:\211\006=3\ag=.iwU1W H-4 1.11.93 SCHEDULE I LABOR LAW AND NON-DISCRIbIINATION REQUIREMENTS LABOR LAW REQUIREMENTS. The Consultant Subcontractor specifically agrees, as required by the Labor Law, Section 220, 220-4 and 220-e, as amended, that the execution of this Agreement binds him to the following specific agreements: A. No laborer, worker or mechanic in the employ of the Consultant Subcontractor, Subcontractor or other person doing or contracting to do the whole or part of the work included in this Agreement shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week in the performance of work included in this Agreement except in the emergencies set forth in the Labor Law; B. The wages (including supplements) paid for a legal day's work shall not be less than the prevailing rate of wages (including supplements) as defined by Law; C. The minimum hourly rate of wages (including supplements) to be paid shall not be less than that designated by the Industrial Commissioner; D. The minimum hourly supplements to be aid shall be in accordance with the prevailing practices in the locality where the Project is located and shall be not less than those designated by the Industrial Commissioner. Supplements as defined in Section 220 of the Labor Law, as amended, mean all remuneration for employment paid in any medium other than cash or reimbursement for expenses or any payments which are not wages within the meaning of the Law, including but not limited to health, welfare, non- occupational disability, retirement, vacation benefits, holiday pay and life insurance; E. The Labor Law provides that the Agreement may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than; The stipulated wage scale (including supplements) as provided in the Labor Law, Section 220, Subdivision 3, as amended, or 2. The stipulated minimum hourly scale (including supplements) as provided in the Labor Law, Section 220-4, as amended; The Consultant Subcontractor specifically agrees as required by the provisions of Labor Law, Section 220-e, as amended, that: 1. In the hiring of employees for the performance of work under the Agreement of any Subcontract hereunder, no Consultant Subcontractor, Subcontractor or any person acting on behalf of such Consultant Subcontractor or Subcontractor shall, by reason of race, creed, sex, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. 2. No Consultant Subcontractor, Subcontractor or any person on his behalf, shall in any manner discriminate or intimidate any employee hired for the performance of work under the Agreement on account of race, creed, sex, color or national origin. 3. There may be deducted from the amount payable to the Consultant Subcontractor by the Consultant under the Agreement a penalty of five dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement. 4. The Agreement may be canceled or terminated by the Consultant and all monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this Section of the Agreement. Additional Federal Labor Law provisions are contained in the attached Appendix. air\7:\211 \006\003\&g220.itu\W 1.11.93 NON-DISCREW NATION REQUIREMENTS. During the performance of this Contract, the Consultant Subcontractor agrees as follows: A. The Consultant Subcontractor shall not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin, and shall take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Such action shall be taken with reference to, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. B. The Consultant Subcontractor shall send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice to be provided by the State Division of Human Rights, advising such labor union or representative, of the Consultant Subcontractor's Agreement under Clauses A. through G. (hereinafter called "non-discrimination clauses"). If the Consultant Subcontractor was directed to do so by the contracting agency as part of the bid or negotiation of this Agreement, the Consultant Subcontractor shall request such labor union or representative to furnish it with a written statement that such labor union or representative shall not discriminate because of race, creed, sex, color, or national origin and that such labor union or representative shall affirmatively cooperate within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Agreement shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with a request that it furnish such a statement, the Consultant Subcontractor shall promptly notify the State Division of Human Rights of such failure or refusal. C. The Consultant Subcontractor shall post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights setting forth the substance of the provision of clauses (a) and (b) and such provisions of the State's laws against discrimination as the State Commissioner of Human Rights shall determine. D. The Consultant Subcontractor shall state, in all solicitations or advertisements for employees placed by or on behalf of the Consultant Subcontractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. E. The Consultant Subcontractor shall comply with the provision of Section 291-299of the Executive Law and Civil Rights Law, shall furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these non-discrimination clauses and such sections of the Executive Law, and shall permit access to its books, records and accounts by the State Commissioner of Human Rights, the attorney General and Industrial Commissioner for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and the Civil Rights Law. This Agreement may be forthwith canceled, terminated or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the State Commissioner of Human Rights that the Consultant Subcontractor has not complied with these non-discrimination clauses, and the Consultant Subcontractor may be declared ineligible for future Agreements made by or on behalf of the State or a public authority or agency of the State, until he satisfies the State Commissioner of Human Rights that he has established and is carrying out a program in conformity with the provision of these non-discrimination clauses. Such findings shall be made by the State Commissioner of Human Rights after conciliation efforts by the State Division of Human Rights have failed to achieve compliance with these non-discrimination clauses and after a verified compliant has been filed with the State Division of Human Rights, notice thereof has been given to the Consultant Subcontractor, and an opportunity has been afforded him to be heard publicly before the State Commissioner of Human Rights or his designee. Such sanctions may be imposed and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by Law. END OF SCHEDULE aiA7A21110061003\ag=.i=\kW r-^ 1.11.93 SCHEDULE J "In accordance with Chapter 406 of the Laws of 1981,the Contractor hereby promises, asserts and represents that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating or shall participate in an international boycott in violation of the provisions of the United States Export Administration Act of 1969, as amended, or the United States Export Administration Act of 1979,or the effective Regulations of the United States Department of Commerce promulgated under either Act. "It is understood further that the Sponsor in awarding a contract does so in material reliance upon the promise and representation made by the Contractor in the foregoing paragraph and that such contract shall be rendered forfeit and void by the State Comptroller if subsequent to the bid execution date, the Contractor or such owned or affiliated person, firm, partnership or corporation has been convicted of a violation of the aforesaid Acts or Regulations or has been found upon final determination of the United States Commerce Department or any other appropriate agency of the United States to have violated such Acts or Regulations. "The Contractor agrees to and shall notify the Commissioner of Transportation and the Director of the Bureau of Contracts and State Expenditures in the Department of Audit and Control of any such conviction or final determination of violation within five days thereof." END OF SCHEDULE air\7:\21 l\006\003\ag220.ins\IW 1.11.93 To: Mr. Philip Brito Manager Federal Aviation Administration N.Y. Airports District Office 181 South Franklin Avenue Valley Stream, NY 11581 Attention: Enclosed please find the following: cas Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Re: Fishers Island - Elizabeth Field FY 93 - Final Application Runway 7-25 & 12-30 Overlay File: 211 Date: 20 -Sep -93 - Six copies of the Final Application for Federal Assistance for the proposed Runway 7-25 and 12-30 Overlay for your review and processing. Remarks: If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. cc: Ms. Judith Terry `C Theresa M. Hopkins Asst. Grants Administrator JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o��FFo�k�D� � ac OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 17, 1993 FEDERAL EXPRESS Theresa M. Hopkins Asst. Grants Administrator C&S Engineers, Inc. 1020 Seventh North Street Liverpool, New York 13088 Re: Elizabeth Field Airport FY -93 Final Application R/W 7-25 & 12-30 Overlay Dear Ms. Hopkins: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Transmitted herewith are six (6) executed copies of the signature pages for the Final Application for Federal Assistance for the above captioned project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (6) kL(G€vED 1-,uti old t,`,)wn Cl,!rk To: Ms. Judith Terry Town Clerk Town of Southold Town Hall 53095 Main Road, PO Box 1179 Southold, NY 11971 Attention: Enclosed please find the following: CSS Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Re: Fisher Island Elizabeth Field Airport FY 93 - Final Application R/W 7-25 & 12-30 Overlay File: 211.006 Date: 16 -Sep -93 - Six copies of the signature pages for the Final Application for Federal Assistance for the proposed R/W 7-25 and 12-30 Overlay for your review and signature. Remarks: Please have Mr. Scott L. Harris sign six copies of the signature pages as indicated, and return to me, for further processing. cc: If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. F Theresa M. Hopkins f Asst. Grants Administrator U.S. Department of Transportation Federal Aviation Administration VVP 1 << 1993 Mr. Scott L. Harris Superintendent, Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Mr. Harris: V4 A &Iwl 0�. 181 & JganU , Ate, 6Rm. 305 VAa Alna., ` V 11581 Elizabeth Field Airport, Fishers Island - Rehabilitate Runways 12-30 & 7-25 - Cost Plus Fixed Fee Executed Consultant Agreement for Inspection - AIP 3-36-0029-08-93 RFCFIVED 1993 This is to acknowledge that we received via a letter from your office dated September 10, 1993 a copy of the Cost Plus Fixed Fee Executed Consultant Agreement for Inspection for the subject project. If you have any questions, please call Dan Vornea at 516- 295-9343. Sincerely, Philip Brito anager t COD U.S. Department of Transportation Federal Aviation Administration 4 . Mr. Scott L. Harris Superintendent, Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Mr. Harris; V. V4 A 181 A. JuvUm, Ate, 6�m. 505 `UA,g�., `y 1 1581 RECH ED Southold z 0-r' (-I-rk Elizabeth Field Airport, Fishers Island - Rehabilitate Runways 12-30 and 7-25 - Cost Plus Fixed Fee Consultant Agreement for Inspection - AIP 3-36-0029-08-93 Reference is made to a letter received from your consultant C&S Engineers, Inc. dated August 24, 1993 transmitting the subject draft agreements for the subject project. Please be advised that we have reviewed the subject Cost Plus Fixed Fee Agreement for Inspection and is approved for an amount of $130,910 ($117,819 Federal share) subject to your written approval to us. Our approval is also subject to audit and the maximum obligation of the United States payable under the Grant Agreement. In the event that you concur with this draft agreement, it is requested that you submit for our records, an executed copy, before the grant is offered. If you have any questions, please call at 516-295-9343. e 1 i Dan Vornea Airport Engineer JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER tow- y�. • OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 9, 1993 Mr. Philip Brito, Manager Federal Aviation Administration New York Airports District Office 181 South Franklin Avenue Valley Stream, New York 11581 Re: Elizabeth Field Airport FY 93 Final Application Runway 7-25 6 12-30 Overlay Dear Mr. Brito: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Transmitted herewith are six (6) original applications with regard to the above captioned project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (6) cc: Mr. James Kuzloski (1 original) Mr. Robert Michaud (1 original) Ms. Sheila Farley (1 original) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER � z V3 4 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 8, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Final Application for Federal Assistance to the Federal Aviation Administration for a grant of $1,408,908.00 for the Runway 7-25 and 12-30 Overlay Project for Elizabeth Field Airport, Fishers Island; all in accordance with the recommendation and approval of the Town's consulting engineers C&S Engineers, Inc. Judith T. Terry Southold Town Clerk September 9, 1993 CFS RECF1VFn Engineers, Inc. 1 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 To: Mr. R. Philip Knauff Manager Fisher's Island Ferry District P.O. Box H Fisher's Island, NY 06390 Attention: Enclosed please find the following: Re: Elizabeth Field Airport FY 93 Final Application R/W 7-25 & 12-30 Overlay File: 211.006 Date: 24 -Aug -93 - Ten copies of the Final Application for Federal Assistance for the proposed Runway 7-25 and 12-30 Overlay for your review and appropriate signature. Remarks: Please have Mr. Scott L. Harris sign nine copies of the application as indicated. Forward 6 originals to Mr. Phil Brito, 1 original to Mr. James Kuzloski, 1 original to Mr. R. Michaud and return one to me. Keep one copy for your files. Labels and envelopes have been enclosed for your convenience. cc: If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Theresa M. Hopkins Asst. Grants Administrator RECEIVED JUL 22 1993 Southold Town 0-6. To: Mr. Philip Brito Manager Federal Aviation Administration N.Y. Airports District Office 181 South Franklin Avenue Valley Stream, NY 11581 Attention: Enclosed please find the following: cas Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Re: Fisher's Island -Elizabeth Field Runway 12-30 Overlay (Design) FAA AIP No. 3-36-0029-06-92 NYS PIN No. 0913.06 File: 211.006.001 Date: 20 -Jul -93 - Three copies of partial payment request No. FOUR (Form 271) for your review and processing. Remarks: If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Enclosures cc: Mr. R. Philip Knauff Ms. Judith Terry Sheila M. Farley Grants Administrator C ��s RECEIVED Engineers, Inc. JUL 2 , 1993 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Southold T,--- Clark To: Mr. Philip Brito Manager Federal Aviation Administration N.Y. Airports District Office 181 South Franklin Avenue Valley Stream, NY 11581 Attention: Enclosed please find the following: Re: Fisher's Island -Elizabeth Field FAA AIP No. 3-36-0029-07-92 NYS PIN No. 0913.07 File: 211.Ou6.UOZ Date: 19 -Jul -93 - Three copies of Partial Payment Request No. FOUR (Form 271) with attached backup documentation for your review and processing. Remarks: If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. 1 Enclosures cc: Mr. R. Philip Knauff Ms. Judith Terry Sheila M. Farley Grants Administrator JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 13, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute Partial Payment Request No. FOUR, Outlay Report and Request for Reimbursement for Construction Programs, to the Federal Aviation Administration, in the amount of $4,964.47, - with regard to the Fishers Island - Elizabeth Field Airport Runway 12-30 Overlay project, all in accordance with the recommendation of C&S Engineers, Inc., the Town's airport consulting engineers. Judith T. Terry Southold Town Clerk 'July 14, 1993 RECEIVED JUL 1 '2 1993 Southold Town r1prk To: Mr. R. Philip Knauff Manager Fisher's Island Ferry District P.O. Box H Fisher's Island, NY 06390 Attention: Enclosed please find the following: cas Engineers, Inc. 1020 Seventh North Street, Liverpool, New Yurk 13088-6199 (315)457-6711 Fax (1315) 457-9803 Re: Fisher's Island -Elizabeth Field Runway 12-30 Overlay (Design) FAA AIP No. 3-36-0029-06-92 NYS PIN No. 0913.06 File: 211.006.001 Date: 09 -Jul -93 - Five copies of partial payment request No. FOUR (Form 271) for your review and appropriate signature. Remarks: Please have Mr. Harris sign four copies of Form 271, and return them to me for further processing. Keep one copy of the form with the attached backup documentation for your files. If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Enclosures cc: Ms. Judith Terry Sheila M. Farley Grants Administrator JUL 1 �11�v Southold Town Clerk To: Mr. R. Philip Knauff Manager Fisher's Island Ferry District P.O. Box H Fisher's Island, NY 06390 Attention: Enclosed please find the following: `ngineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Re: Fisher's Island -Elizabeth Field Runway 12-30 Overlay (Design) FAA AIP No. 3-36-0029-06-92 NYS PIN No. 0913.06 File: 211.006.001 Date: 09 -Jul -93 - Five copies of partial payment request No. FOUR (Form 271) for your review and appropriate signature. Remarks: Please have Mr. Harris sign four copies of Form 271, and return them to me for further processing. Keep one copy of the form with the attached backup documentation for your files. If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Enclosures� cc: Ms. Judith Terry hei a M. Farley Grants Administrator t—` Runway 12-30 Overlay FISHERS ISLAND - ELIZABETH FIELD FAA AIP No. 3-36-0029-06-92 Invoice Date Invoice Amount Design 05/13/93 $2,758.04 06/17/93 2,758.04 $5,516.08 x 90% _ $4,964.47 FISHERS ISLAND - ELIZABETH FIELD 07/08/93 RUNWAY 12-30 OVERLAY (Design) -------- FISHERS ISLAND, BY 211.006.001 F.A.A. AIP PROJECT NO. 3-36-0029-06-92 N.Y.S.D.O.T. PROJECT NO. 0913.06 SUMMARY OF FEDERAL ELIGIBLE PROJECT COSTS PROGRAM NO. 1 ----------------------------------------------- FEDERAL GRANT ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE AGREEMENT AMOUNTS FEDERAL ELIGIBLE FEDERAL ELIGIBLE PARTICIPATING a. ADMINISTRATIVE EXPENSE ......................... 81,936.00 81,936.00 $0.00 80.00 b. PRELIMINARY EXPENSE ............................ 80.00 80.00 80.00 $0.00 c. LAND, STRUCTURES, RIGHT-OF-WAY ................. 80.00 $0.00 $0.00 $0.00 d. ARCHITECTURAL ENGINEERING BASIC FEES........... $58,064.00 858,064.00 849,644.72 90.00 e. OTHER ARCHITECTURAL ENGINEERING FEES........... $0.00 $0.00 $0.00 90.00 f. PROJECT INSPECTION FEES ........................ 90.00 80.00 90.00 90.00 g. LAND DEVELOPMENT ............................... $0.00 00.00 $0.00 90.00 h. RELOCATION EXPENSE ............................. $0.00 $0.00 80.00 $0.00 i. RELOC PAYMENTS TO INDIV AND BUSINESSES......... $0.00 $0.00 $0.00 90.00 j. DEMOLITION AND REMOVAL ......................... 90.00 $0.00 $0.00 $0.00 k. CONSTRUCTION AND PROJECT IMPROVEMENT COST...... 80.00 $0.00 90.00 90.00 1. EQUIPMENT ...................................... $0.00 $0.00 80.00 $0.00 a. MISCELLANEOUS COST ............................. $0.00 $0.00 $0.00 $0.00 -------------------------------------------------------------------------------------------------------------------------------------- TOTAL FEDERAL COSTS 860,000.00 $60,000.00 $49,644.72 90.00 FISHERS ISLAND - ELIZABETH FIELD 07/08/93 RUNWAY 12-30 OVERLAY (Design) -------- FISHERS ISLAND, NY 211.006.001 ARCHITECTURAL ENGINEERING BASIC FEES ANALYSIS ----------------------------------------------- PROGRAM NO. 1 Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: ------------------------------------------------------------------------ $49,644.72 $48,688.20 $0.00 ------------------------------------------------------------------------ LESS RETAINAGE: $2,612.88 SUBTOTAL: $52,257.60 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING * 11/17/92 $14,516.00 $13,524.50 * 12/28/92 $11,612.80 $10,819.60 $0.00 * 01/15/93 $11,612.80 $10,819.60 $0.00 * 02/16/93 $8,709.60 $8,114.70 $0.00 05/13/93 $2,903.20 $2,704.90 $0.00 06/17/93 $2,903.20 $2,704.90 $0.00 Account Number ............. Invoice #AQ500.3...... Date.. MAY. 1 ....... I TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: ...........13-531840 ............. CF,S Engineers t Inc: , , , , Payee Reference: _ Address: .................................... 1020 Seventh North St. ,. Phone No. (....)....................... Liverpool NY 1.3088 , , , Vendor Contact CashDiscount ..................% .........Days.................................... IItemI Description of Material/Service I Quantity I Unit I Amount I No. Price Total 2,758 .0 Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as th in stated, and that the balance therein stated is actually due and owing CIS Engineer , Inc. Dated .... Ma13. ................. .199.3.. X. Signature i JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER o��Ff OLKcOGy OFFICE F THE TOWN CLERK TOWN OF SOUTHOL,D July 14, 1993 Sheila M. Farley Grants Administrator C&S Engineers, Inc. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Fishers Island - Elizabeth Field Runway 12-30 Overlay Dear Sheila: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Transmitted herewith are four executed copies of Partial Payment Request No. FOUR (Form 271) with regard to the above captioned project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Accounting & Finance STATUS OF FUNDS Approved by Office of Management and PAGE OUTLAY REPORT AND REQUEST FOR REIMBURSE- Budget No. 80-RO181 1 1 OF 1 PAGES MENT FOR CONSTRUCTION PROGRAMS 1. TYPE OF REQUEST 2. BASIS OF REQUEST CLASSIFICATION 11 FINAL ® PARTIAL ® CASH ACCRUAL 3• FEDERAL SPONSORING AGE14CY AND ORGANIZATIONAL ELEMENT TO 4. FEDERAL GRANT OR OTHER 5. PARTIAL PAYMENT REQUEST . WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED BY FEDERAL AGENCY FOUR Federal Aviation Administration - N.Y.A.D.O. 3-36-0029-06-92 $0.00 6. EMPLOYER IDENTIFICATION NO. 7. RECIPIENT ACCOUNT OR OTHER PERIOD COVERED BY THIS REPORT $0.00 IDENTIFYING NUMBER FROM (Month, day, year) TO (Month, day, year) 11-6003307 N/A 2/16/93 5/28/93 9. RECIPIENT ORGANIZATION 10. PAYEE (Mere check should be sent d different than item 9) Name: TOWN OF SOUTHOLD Name: TOWN HALL, 53095 MAIN ROAD e. Other architectural engineering fees No. and P.O. BOX 1179 No. and Street. SOUTHOLD, NY 11971 Street. City, city, State and State and ZIP Code: ZIP Code., STATUS OF FUNDS STANDARD FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. No. A-110 PROGRAMS - FUNCTIONS - ACTIVITIES HU (b) (c) CLASSIFICATION RUNWAY 12-30 TOTAL OVERLAY (Design) a. Administrative expense $0.00 $0.00 $0.00 $0.00 b. Preliminary expense $0.00 $0.00 $0.00 $0.00 c. Land, structures, right-of-way $0.00 $0.00 $0.00 $0.00 d. Architectural engineering basic fees $49,644.72 $0.00 $0.00 $49,644.72 e. Other architectural engineering fees $0.00 $0.00 $0.00 $0.00 f. Project inspection fees $0.00 $0.00 $0.00 $0.00 g. Land development $0.00 $0.00 $0.00 $0.00 h. Relocation expense $0.00 $0.00 $0.00 $0.00 i. Relocation payments to individuals and businesses $0.00 $0.00 $0.00 $0.00 j. Demolition and removal $0.00 $0.00 $0.00 $0.00 k. Construction and project improvement cost $0.00 $0.00 $0.00 $0.00 I. Equipment $0.00 $0.00 $0.00 $0.00 m. Miscellaneous cost $0.00 $0.00 $0.00 $0.00 n. Total cumulative to date (sum of lines a thru m) $49,644.72 $0.00 $0.00 $49,644.72 o. Deductions for program income $0.00 p. Net cumulative to date (Line n minus line o) $49,644.72 $0.00 $0.00 $49,644.72 q. Federal share to date $44,680.25 $0.00 $0.00 $44,680.25 r. Rehabilitation grants (100% reim- bursement) s. Total Federal share (sum of lines q and r) $44,680.25 $0.00 $0.00 $44,680.25 t. Federal payments previously re- quested $39,715.78 $0.00 $0.00 $39,715.78 u. Amount requested for reimbursement $4,964.47 $0.00 $0.00 $4,964.47 v. Percent of physical completion of nrnirx•t$2 70,"c 0.04'a O.C',;, 82.7":0 12. CERTIFICATION SIGNATURE OF AUTHORIZED CERTIFYING DATE REPORT SUBMITTED OFFICIAL JUL 1 3 I993 certify that to the best of my knowledge a. RECIPIENTL A,r f and belief the billed costs or disburse- D OR PRINTV NAME AND TITLE TELEPHONE NO. ments are in accordance with the terms SCOTT L. HARRIS of the project and that the reimbursement TOWN SUPERVISOR (516) 765-1800 represents the Federal share due which has not been previously requested and that an inspection has been performed SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL DATE REPORT SUBMITTED and all work is in accordance with the b. Representative terms of the award. certifying to line 11v. TYPED OR PRINTED NAME AND TITLE TEL PH ENO. C&S ENGINEERS, INC. SHEILA M. FARLEY (315) 455-7981 nsa ann GRANTS ADMINISTRATOR STANDARD FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. No. A-110 TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 12-30 OVERLAY DESIGN SERVICES Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 05/13/93 INVOICE # : 305063 PROJECT # : 211.006.001 CLIENT REF: FOR PROFESSIONAL SERVICES RENDERED THROUGH 04/30/93 TOTAL FEE AUTHORIZED 58,064.00 PERCENT COMPLETE AS OF 04/30/93 85.009 FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE ** 49,354.40 46,451.20 2,903.20 145.16 2,758.04 BC 305063 AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 Comments: Awaiting clients annroval for location of Asphalt Plant. IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION TASK X 1. Consultant Agreement Executed X 2. Topographic Survey X 3. Subsurface Investigations & Laboratory Testing X 4. Soils Analysis & Report X 5. Pavement Section Design N/A 6. Horizontal Geometrics 100 1[93 7. Vertical Alignment 100 1/93 8. Grading Design 100 12/92 9. Drainage Design N/A 10. Lighting System Layout NLA 11. Electrical Power & Control Design 50 2/93 12. SEAR Review Process 90 3/93 13. Contract Drawing Preparation 70 3/93 14. Contract Specifications Preparation 90 3/93 15. Design Report Preparation 90 3/93 16. Final Quantity Calculations X 17. Preliminary Submittal 6/93 18. Final Submittal 6/93 19. Advertisement 7193 20. Bid Opening Comments: Awaiting clients annroval for location of Asphalt Plant. Account Number ............. Invoice #..306072 , , , , Date.. 6/17, .. , . 19.93, , , . ... . TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: 13-5318940 .................................... CFS Engineers t Inc: .. , , . , . Payee Reference: Address: .................................... 1020 Seventh North St. . , Phone No. (....)....................... Liverpool NY 1.3088 ... _ .. . , , Vendor Contact Cash Discount ..................% .........Days.................................... Item Description of Material/Service Quantity UnitAmount No. I I I Price Total Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has een paid, except as therein stated, and that the balance therein stated is actually due and owing C&S Engineer , nc. JuneDated............1 ..................19 93.. X.. . . Signature TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT F00T OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 12-30 OVERLAY DESIGN SERVICES FOR PROFESSIONAL SERVICES RENDERED THROUGH 05/28/93 r7 10 Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 06/17/93 INVOICE # : 306072 PROJECT # : 211.006.001 CLIENT REF: TOTAL FEE AUTHORIZED 58,064.00 PERCENT COMPLETE AS OF 05/28/93 90.00% f FEE EARNED TO DATE * 52,257.60 LESS PREVIOUS BILLINGS * 49,354.40 1 TOTAL THIS INVOICE ** 2,903.20 - LESS 5% RETAINAGE 145.16 AMOUNT DUE THIS INVOICE ** 2,758.04 BC 306072 AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 Comments: Awaiting clients approval for location of Asphalt Plant & SEOR approval. IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION TASK X 1. Consultant Agreement Executed X 2. Topographic Survey X 3. Subsurface Investigations & Laboratory Testing X 4. Soils Analysis & Report X 5. Pavement Section Design N/A 6. Horizontal Geometrics X 7. Vertical Alignment X S. Grading Design X 9. Drainage Design N/A 10. Lighting System Layout N/A 11. Electrical Power & Control Design 75 7/93 12. SEAR Review Process 90 6/93 13. Contract Drawing Preparation 75 6/93 14. Contract Specifications Preparation 90 6/93 15. Design Report Preparation 90 6/93 16. Final Quantity Calculations X 17. Preliminary Submittal 6/93 18. Final Submittal 6/93 19. Advertisement 7/93 20. Bid Opening Comments: Awaiting clients approval for location of Asphalt Plant & SEOR approval. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14, 1993 Sheila M. Farley Grants Administrator C&S Engineers, Inc. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Fishers Island - Elizabeth Field Runway 7-25 Overlay Dear Sheila: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516)765-1823 Telephone (516) 765-1801 Transmitted herewith are four executed copies of Partial Payment Request No. FOUR (Form 271) with regard to the above captioned project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Accounting E Finance JUDITH T. TERRY TOWN CLERK v T REGISTRAR OF VITAL STATISTICS L MARRIAGE OFFICER 00. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 13, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute Partial Payment Request No. FOUR, Outlay Report and Request for Reimbursement for Construction Programs, to the Federal Aviation Administration, in the amount of $4,187.96, with regard to the Fishers Island - Elizabeth Field Airport Runway 7-25 Overlay project, all in accordance with the recommendation of CES. Engineers, Inc., the Town's airport consulting engineers. Judith T. Terry Southold Town Clerk July 14, 1993 RECENED JI SoulwA Cl-+� To: Mr. R. Philip Knauff Manager Fisher's Island Ferry District P.O. Box H Fisher's Island, NY 06390 Attentic)n: Enclosed please find the following: cas Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Re: Fisher's Island -Elizabeth Field Runway 7-25 Overlay FAA AIP No. 3-36-0029-07-92 NYS PIN No. 0913.07 File: 211.006.002 F. uaA e: LJ Vi111-iJ - Five copies of Partial Payment Request No. FOUR (Form 271) for your review and appropriate signature. Remarks: Please have Mr. Harris sign four copies of Form 271, and return it to me for further processing. Keep one copy with the attached backup documentation for your files. If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Enclosures j cc: Ms. Judith Terry Sheila M. Farley Grants Administrator STATUS OF FUNDS Approved by Office of Management and PAGE OUTLAY REPORT AND REQUEST FOR REIMBURSE- Budget No. 80-RO181 1 OF 1 PAGES MENT FOR CONSTRUCTION PROGRAMS 1. TYPE OF REQUEST 2. BASIS OF REQUEST CLASSIFICATION 11 FINAL ® PARTIAL ® CASH ❑ ACCRUAL 3. FEDERAL SPONSOPJNG AGENCY AND ORGANIZATIONAL ELEMENT TO 47FE50VEWNT OR OTHER S. T REQUEST NO. WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED BY FEDERAL AGENCY FOUR Federal Aviation Administration - N.Y.A.D.O. 3-36-0029-07-92 $0.00 S. EMPLOYER IDENTIFICATION NO. 7. RECIPIENT ACCOUNT OR OTHER PERIOD COVERED BY THIS REPORT FROM (Month, day, year) TO (Month, day, year) $0.00 IDENTIFYING NUMBER 11-6003307 N/A 2/16/93 6/17/93 9. RECIPIENT ORGANIZATION 10. PAYEE (More check should be sent if different than item 9) Name: TOWN OF SOUTHOLD Name: TOWN HALL, 53095 MAIN ROAD e. Other architectural engineering fees No. and P.O. BOX 1179 No. and Street: SOUTHOLD, NY 11971 Street., City, City, State and State and ZIP Code: ZIP Code: STATUS OF FUNDS STANDARD FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. No. A-110 PROGRAMS - FUNCTIONS - ACTIVITIES (� (b) (C) CLASSIFICATION RUNWAY 7-25 TOTAL OVERLAY (Design) a. Administrative expense $0.00 $0.00 $0.00 $0.00 b. Preliminary expense $0.00 $0.00 $0.00 $0.00 c. Land, structures, right-of-way $0.00 $0.00 $0.00 $0.00 d. Architectural engineering basic fees $41,879.61 $0.00 $0.00 $41,879.61 e. Other architectural engineering fees $0.00 $0.00 $0.00 $0.00 I. Project inspection fees $0.00 $0.00 $0.00 $0.00 g. Land development $0.00 $0.00 $0.00 $0.00 h. Relocation expense $0.00 $0.00 $0.00 $0.00 I. Relocation payments to individuals and businesses $0.00 $0.00 $0.00 $0.00 j. Demolition and removal $0.00 $0.00 $0.00 $0.00 k. Construction and project improvement cost $0.00 $0.00 $0.00 $0.00 I. Equipment $0.00 $0.00 $0.00 $0.00 m. Miscellaneous cost $0.00 $0.00 $0.00 $0.00 n. Total cumulative to date (sum of lines athru m) $41,879.61 $0.00 $0.00 $41,879.61 o. Deductions for program Income $0.00 p. Net cumulative to date (Line n minus line o) $41,879.61 $0.00 $0.00 $41,879.61 q. Federal share to date $37,691.65 $0.00 $0.00 $37,691.65 r. Rehabilitation grants (100% reim- bursement) s. Total Federal share (sum of lines q and r) $37,691.65 $0.00 $0.00 $37,691.65 I. Federal payments previously re- quested $33,503.69 $0.00 $0.00 $33,503.69 u. Amount requested for reimbursement $4,187.96 $0.00 $0.00 $4,187.96 v. Percent of physical completion of rf',iQCt coil. 1 % U. v0iu 0.001'6 82.1.0i6 12. CERTIFICATION SIGNATURE OF AUTHORIZED CERTIFYING OFFICI DATE REPORT SUBMITTED �t MUL I certify that to the best of my knowledge a. RECIPIENT rr-0 and belief the billed COStS Or disburse -TYPED OR PRINTED NAME AND TITLE TELEPHONE NO. ments are in accordance with the terms SCOTT L. HARRIS of the project and that the reimbursement TOWN SUPERVISOR (516) 765-1800 represents the Federal share due which has not been previously requested and that an inspection has been performed SIGNATURE OF AUTHORIZED CERTIFYING DATE REPORT SUBMITTED and all work is in accordance with the terms of the award. b. Representative certifying to line OFFICrL 11v. TYPED OR PRINTED NAME AND TITLETELEPH ONE NO. C&S ENGINEERS, INC. SHEILA M. FARLEY (315) 455-7981 GRANTS ADMINISTRATOR STANDARD FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. No. A-110 Runway 7-25 Overlay FISHERS ISLAND - ELIZABETH FIELD FAA AIP No. 3-36-0029-07-92 Invoice Date Invoice Amount Design 04/09/93 $ 2,326.64 06/17/93 $ 2,326.64 $ 4,653.28 x 90% = $4,187.96 FISHER ISLAND AIRPORT -ELIZABETH FIELD RUNWAY 7-25 OVERLAY (Design) TOWN OF SOUTHOLD, NY F.A.A. AIP PROJECT NO. 3-36-0029-07-92 N.Y.S.D.O.T. PROJECT NO. 0913.07 SUMMARY OF FEDERAL ELIGIBLE PROJECT COSTS PROGRAM NO. 1 211.006 06/25/93 FEDERAL GRANT ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE AGREEMENT AMOUNTS FEDERAL ELIGIBLE FEDERAL ELIGIBLE PARTICIPATING a. ADMINISTRATIVE EXPENSE ......................... 82,018.00 82,018.00 $0.00 80.00 b. PRELIMINARY EXPENSE ............................ 80.00 80.00 80.00 80.00 c. LAND, STRUCTURES, RIGHT-OF-WAY ................. 80.00 80.00 80.00 $0.00 d. ARCHITECTURAL ENGINEERING BASIC FEES........... 848,982.00 848,982.00 $41,879.61 80.00 e. OTHER ARCHITECTURAL ENGINEERING FEES........... 80.00 80.00 $0.00 80.00 f. PROJECT INSPECTION FEES ........................ 80.00 $0.00 80.00 $0.00 g. LAND DEVELOPMENT ............................... $0.00 $0.00 80.00 $0.00 h. RELOCATION EXPENSE ............................. 80.00 80.00 $0.00 80.00 i. RELOC PAYMENTS TO INDIV AND BUSINESSES......... 80.00 $0.00 00.00 $0.00 j. DEMOLITION AND REMOVAL ......................... 00.00 $0.00 $0.00 00.00 k. CONSTRUCTION AND PROJECT IMPROVEMENT COST...... 00.00 $0.00 $0.00 00.00 1. EQUIPMENT ...................................... 80.00 00.00 80.00 00.00 m. MISCELLANEOUS COST ............................. $0.00 80.00 $0.00 $0.00 -------------------------------------------------------------------------------------------------------------------------------------- TOTAL FEDERAL COSTS $51,000.00 051,000.00 $41,879.61 00.00 FISHER ISLAND AIRPORT -ELIZABETH FIELD 06/25/93 RUNWAY 7-25 OVERLAY (Design) -------- TOWN OF SOUTHOLD, NY 211.006 ARCHITECTURAL ENGINEERING BASIC FEES ANALYSIS PROGRAM NO. 1 ----------------------------------------------- Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: 841,879.61 840,645.80 90.00 ------------------------------------------------------------------------ ------------------------------------------------------------------------ LESS RETAINAGE: 82,204.19 SUBTOTAL: 844,083.80 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING * 12/28/92 822,041.90 820,322.90 * 01/15/93 89,796.40 89,032.40 80.00 * 02/16/93 87,347.30 86,774.30 80.00 04/09/93 82,449.10 82,258.10 80.00 06/17/93 82,449.10 82,258.10 80.00 Account Number............. Invoice #. 30,4043..... Date... AP1ci1. A. ...19.. 93...... . TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: 13-5 ................3....189.40............... CFS Engineers,Inc. .. Payee Reference: Address:.................................... 1020 Seventh North St. Phone No. (....)....................... Liverpool , NY. 13088........ _ , .. Vendor Contact Cash Discount.................. % .........Days.................................... Item Description of Material/Service Quantity Unit Amount No. I I I Price Total Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof been paid, except as therein stated, and that the balance therein stated is actually due and owing CFS Engineer Inc. Dated............................. .19 .... ...... . Signa t e TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 7-25 OVERLAY IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 04/09/93 INVOICE # : 304043 PROJECT # : 211.006.002 CLIENT REF: FOR PROFESSIONAL SERVICES RENDERED THROUGH 03/26/93 TOTAL FEE AUTHORIZED 48,982.00 PERCENT COMPLETE AS OF 03/26/93 85.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE 41,634.70 39,185.60 1 ; 2,449.10 122.46 AMOUNT DUE THIS INVOICE ** 2,326.64 BC 304043 C&S AIRPORT DIVISION AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT Na. 211.006 IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION X X X X X NA 100 100 100 NA NA 50 90 70 90 90 X 1/93 1/93 12/92 2/93 3/93 3/93 3193 3/93 4/93 4/93 4/93 Comments: Awaiting clients approval for location of Asphalt Plant. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. TASK Consultant Agreement Executed Topographic Survey Subsurface Investigations & Laboratory Testing Soils Analysis & Report Pavement Section Design Horizontal Geometrics Vertical Alignment Grading Design Drainage Design Lighting System Layout Electrical Power & Control Design SEAR Review Process Contract Drawing Preparation Contract Specifications Preparation Design Report Preparation Final Quantity Calculations Preliminary Submittal Final Submittal Advertisement Bid Opening Ic s Account Number ............. Invoice # 3,06073... , , , Date. 6/,17/93, .. , . , .1g, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: 13-51894 ................3......0 .............. C&S Engineers r Inc. Payee Reference: Address: .................................... 1020 Seventh North St.......... , Phone No. (....)....................... Liverpool NY 13088 , , , , Vendor Contact Cash Discount ..................% .........Days.................................... Item Description of Material/Service Quantity Unit Amount No. I I I Price Total Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof hasp'en paid, except as therein stated, and that the balance therein stated is actually due and owing CFS Engineer 1 Inc. G_ Dated ........ June . 1.7. .............. 19 93.. X... .. Signature TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 7-25 OVERLAY IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. FOR PROFESSIONAL SERVICES RENDERED THROUGH 05/28/93 TOTAL FEE AUTHORIZED a Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 06/17/93 INVOICE # : 306073 PROJECT # : 211.006.002 CLIENT REF: 48,982.00 PERCENT COMPLETE AS OF 05/28/93 90.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE 44,083.80 41,634.70 2,449.10�c�'i� 122.46 AMOUNT DUE THIS INVOICE ** 2,326.64 BC 306073 AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION X X X 01 X NA X X X NA NA 75 90 75 90 90 X 7/93 6/93 6/93 6/93 6/93 6/93 6/93 7/93 Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 TASK 1. Consultant Agreement Executed 2. Topographic Survey 3. Subsurface Investigations & Laboratory Testing 4. Soils Analysis & Report 5. Pavement Section Design 6. Horizontal Geometrics 7. Vertical Alignment 8. Grading Design 9. Drainage Design 10. Lighting System Layout 11. Electrical Power & Control Design 12. SEOR Review Process 13. Contract Drawing Preparation 14. Contract Specifications Preparation 15. Design Report Preparation 16. Final Quantity Calculations 17. Preliminary Submittal 18. Final Submittal 19. Advertisement 20. Bid Opening Comments: Awaiting clients approval for location of Asphalt Plant & SEOR approval. . NEW YORK STATE DEPARTMENT OF TRANSPORTATION AVIATION TRANSPORTATION INFRASTRUCTURE RENEWAL PROJECT GRANT AGREEMENT (STUDY) Project No. 0911/3.06 Contract No. h S 5 b-1 This Agreement made this lst day of October , 19 91 by and between the people of the State of New York, (hereinafter referred to as the "State") acting by and through its Commissioner of Transportation (hereinafter referred to as the "Commissioner"), whose office is in the Administration and Engineering Building, 1220 Washington Avenue, Governor Harriman State Campus, City and County of Albany, New York, and the Town of Southold with offices at Southold, NY , (hereinafter referred to as the "Grantee" WHEREAS, Section 14-h of the Transportation Law, and Article 17 of the Transportation Law known as the Implementation of the Rebuild New York Through Transportation Infrastructure Renewal Bond Act of 1983, authorizes the Commissioner to provide for the accomplishment of Municipal Transportation Infrastruc- ture Renewal Projects pursuant to an agreement with a Grantee and WHEREAS, the Grantee has made application to the Commissioner for State aid for the accomplishment of a Transportation Infrastructure Project, (hereinafter referred to as the "Project"), which Project is describ- ed in Article 3 below, and WHEREAS, the Grantee has applied for and secured available Federal Assistance for the Project, with the approval of the Commissioner, and WHEREAS, the Project has been approved by the Commissioner and found to be consistent with sound transportation development policy and planning concepts and eligible for State participation, and Now, therefore, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: Article 1. Purpose of Agreement — The purpose of this Agreement is to provide for the undertaking of an Airport Transportation Infrastructure Renewal Project (herein called the "Project"), with State financial assistance to the Grantee in the form of a grant agreement (herein called the "Grant") to determine the location, extent and cost of any future improvements to meet the present and future demands for aviation services at the ELIZABETH FIELD/FISHERS ISLAND , pursuant to the Rebuild New York Through Transportation Infrastructure Bond Act of 1983 and to state the terms and conditions upon which such assistance will be provided and the mutual understandings and agreements of the parties as to the manner in which the Project will be undertaken and completed. Article 2. Documents Forming the Agreement — The agreement shall consist of this document and the following attachments which are hereby made a part of this Agreement as if set forth fully herein: Addendum No. 1, Schedule 1, and Appendix A. Article 3. The Project — The Grantee agrees to undertake and complete the Project substantially as described in its application heretofore filed with and approved by the Commissioner, a copy of which is hereby made part of this Agreement by reference, and in accordance with the Request for Aid, made to the Federal Aviation Administration, a copy of which is hereby made part of this Agreement by reference, and in accor- dance with the terms and conditions of this Agreement. The Project is described as follows. ENGINEERING DESIGN FOR RUNWAY 12-30 OVERLAY This work is more particularly described and detailed in the plans, programs and schedules approved or to be approved by the Commissioner. DV5-1c (1/89) Article 4. The Grant — The Commissioner hereby determines that the estimated reasonable cost of this Project is $ 60,000 . Subject to the Grantee compliance with the terms and conditions of this Agreement, the Commissioner agrees to pay the Grantee, as hereinafter provided, not more than $ 4,500 or 75% of the non -Federal share of the project cost whichever is less. The Grantee agrees to apply for additional Federal assistance which may become available for the Project, subject to such conditions as the Commissioner may require in order to maximize the amounts of Federal assistance received or to be received for all projects in the State of New York. In the event that Federal assistance which was not included in the foregoing calculation of the State payment becomes available to the Grantee, the amount of State payment shall be recalculated with the inclusion of such additional Federal assistance and the Grantee shall either (a) pay to the State the amount by which the State payment actually made exceeds the State payment determined by the recalculation or (b) if such additional Federal assistance has not been received by the Grantee, authorize the State to receive such amount from the Federal government and to retain an appropriate amount thereof. The Grantee shall provide for the payment of the remainder of the actual total cost of the Project. Article 5. Commencement of Work and Use and Sale of Project Facilities — The Grantee agrees to undertake and proceed with the project within 6 months of the date of this agreement and to complete the project in accordance with the schedules, proposals, plans, and programs as approved by the Commissioner. Where the Project results in the establishment of an airport or otherwise affects development of an existing airport, the following shall apply: The Grantee will operate the airport as such for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the Grantee specifically agrees that it will keep the airport open to all types, kinds, and classes of aeronautical use without discrimination between such types, kinds, and classes, provided, that the Grantee may establish such fair, equal and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport; and provided further that the Grantee may prohibit or limit any given type, kind, or class aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. The Grantee will not grant or permit any exclusive right for the use of the airport, and will otherwise comply with all applicable laws. In furtherance of this covenant (but without limiting its general applicability and effect), the Grantee specifically agrees that, unless authorized by the Commissioner, it will not, either directly or indirectly, grant or permit any person, firm, or corporation the exclusive right for the conduct of any aeronautical activities on the airport, including but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. The Grantee agrees that it will operate the airport for the use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of this covenant (but without limiting its general applicability and effect, the Grantee specifically covenants and agrees: a. That in its operation and the operation of all facilities on the airport, neither it not any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, creed, sex, color, or national origin in the use of any facilities provided for the public on the airport. b. That in any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to render to the public any service (including the furnishing or sale of any aeronautical parts, materials, or supplies) essential to the operation of aircraft at the airport, the Grantee will insert and enforce provisions requiring the contractor: (1) to furnish said service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) To charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. That it will not exercise or grant any right or privilege which would operate to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance and repair) that it may choose to perform. d. In the event the Grantee itself exercises any of the rights and privileges referred to in subsection b, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaries of the Grantee under the provisions of such subsection b. Nothing contained herein shall be construed to prohibit the granting or exercise of any exclusive right for the furnishing of nonaviation products and supplies or any service of a nonaeronautical nature or to obligate the Grantee to furnish any particular nonaeronautical service at the Airport. DV5-2b (1/89) The Grantee will operate and maintain in a safe and serviceable condition the airport and all facilities thereon and connected therewith which are necessary to service the aeronautical users of the airport other than facilities owned or controlled by the United States, and will not permit any activity thereon which would interfere with its use for airport purposes. Provided, that nothing contained herein shall be construed to require that the airport be operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions which would interfere with such operation and maintenance, and provided further, that nothing herein shall be construed as requiring the maintenance, repair, restoration or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Grantee. Insofar as it is within its power and reasonable possible, the Grantee will, either by the acquisition and retention of the easements or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards applicable according to the currently approved airport layout plan. In addition, the Grantee will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the airport, in any portion of a runway approach area in which the Grantee has acquired, or may hereafter acquire, property interests permitting it to so control the use made of the surface of the land. All facilities of the airport developed with State aid and all those usable for the landing and taking off of aircraft, will be available to State Aircraft at all times, without charge. The Grantee shall submit to the Commissioner, at such time as he may require, such financial statements, operating information and other data as may be deemed necessary by the Commissioner to assure compliance with this Article and to prepare his annual report on the scope and results of the Project. The airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, and other instruments, will be made available for inspection by any duly authorized representative of the Commissioner upon reasonable request. The Grantee will furnish to the Commission upon request, a true copy of any such document. The Grantee will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency found by the Commissioner to be eligible to assume such obligations and having the power, authority, and financial resources to carry out all such obliga- tions. If an arrangement is made for management or operation of the airport by any agency or person other than the Grantee or an employee of the Grantee, the Grantee will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with these covenants. The Grantee will keep up-to-date at all times an airport layout plan of the airport showing (1) the boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Grantee for airport purposes, and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads) including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan, and each amendment, revision or modification thereof, shall be subject to the approval of the Commissioner which approval shall be evidenced by the signature of a duly authorized representative of the Commissioner on the face of the layout plan. The Grantee will not make or permit the making of any changes or alterations in the airport or any of its facilities other than in conformity with the airport layout plan as so approved by the Commissioner if such changes or alterations might affect the safety, utility, or efficiency of the airport. Insofar as is within its power and to the extent reasonable, the Grantee will take action to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations including landing and takeoff of aircraft. Article 6. Accomplishments of the Project — a. Pursuant to Federal, State and Local Law. In the event that any election, referendum, approval, permit, notice, or other proceedings or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume, or carry out any of the provisions of this Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. b. Funds of the Grantee. The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide it share of actual total cost of the Project, as provided in Article 4 of this Agreement, or on prior to the time that such funds are needed to meet Project cost. DV5-3b (1/89) I c. Submission of Proceedings, .Contract anti Other Documents. The Grantee shall submit tq the Commissioner and the State Comptroller such data, reports, records, contract and other documents relating to the Project as the Commissioner and the State Comptroller may require. Article 7. The Project Budget. A Project budget shall be prepared and maintained by the Grantee. The Grantee shall carry out the Project and shall incur obligations only in conformity with the latest approved Project budget, and within the "Estimated Total Cost" of the Project. Article 8. Accounting Records — a. Establishment and Maintenance of Accounting Record. The Grantee shall establish and maintain for the Project, in accordance with requirements established by the Commissioner and approved by the State Comptroller, separate accounts within its existing accounting system or set up independently, to be known as the project account. The Grantee shall segregate and group project costs so that it can furnish on due notice, cost information in the cost classifications required by the Commissioner. b. Funds Received or Made Available for the Project. The Grantee shall record in the project account, as they are received all grant payments received from the Federal Government on account of the Project. The Grantee shall record in the project account such funds as it may allocate for payment of its share of the actual cost of the project. The Grantee shall advise the Commissioner monthly in writing of the amounts recorded in the project account or at such times as the Commissioner may prescribe. The Commissioner or the State Comptroller may audit the project account at such time as the Commissioner or the State Comptroller may require. c. Costs Incurred for the Project. The Grantee shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Commissioner and the Legislature shall not be considered eligible costs. In specific cases where it is impractical to determine precise costs of certain indirect or service functions, eligible costs will include such allowances for these costs as may be approved by the Commissioner and the Comptroller. Such approval will be based upon an audit determination that the amounts reimbursed will not exceed actual cost. To be an allowable Project cost, for the purposes of computing the amount of a grant, an item that is paid or incurred must, in the opinion of the Commissioner: (1) Have been necessary to execute the Project in accordance with the approved schedules, proposals, plans and progress in accordance with the terms of the grant agreement for the project; (2) Be reasonable in amount; (3) Have been incurred after the effective date of the Grant Agreement, except for those costs incurred to apply for Federal funds; (4) Be supported by satisfactory evidence. d. Documentation of Project Costs. All costs charged to the project account including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges, in accor- dance with the rules and regulations of the Commissioner as approved by the State Comptroller. e. Checks, Orders and Vouchers. Any check or order drawn by the Grantee with respect to any items which is or will be chargeable against the project account will be drawn only in accordance with a properly signed vouchers then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. f. Reports. The Grantee shall prepare an interim report at the end of its fiscal year accounting for the expenditures of the funds of the State, the Grantee, any Federal agency, and any other source with respect to the project. g. Retention of Records. The Grantee shall retain all required records for at least 3 years following the receipt of final payment. In the event that any litigation claim, or audit is started before the expiration of the three year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved but in no event less than three years. DV5-4b (1/89) Article 9. Requisitions and Payments a. Interim progress payments shall be made upon request by the Grantee to the Commissioner under the following conditions: (1) Such requests for reimbursement of the State's share of authorized project costs shall be made on a regular periodic basis, but no more frequently than once each month. (2) Such request vouchers shall be in a summary form and the documents supporting such costs incurred by the Grantee shall be maintained in a secure manner by the Grantee at its headquarters or at such other place as shall be readily accessible to the Commissioner and the State Comptroller for purposes of auditing project costs and expenditures. All such accounting records shall be retained by the Grantee until six years after completion of the State Comptroller's final audit report which will be rendered after the satisfactory completion of the Project as provided by this Agreement. b. Subject to the other provisions hereof, requisitions for payments will be honored by the Commissioner except that the State may elect by notice in writing to withhold any payment if: (1) Misrepresentation. The Grantee shall have made any misrepresentation of a material nature in its Application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; (2) Litigation. There is then pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or payments to the Project; (3) Concurrence by State. The Grantee shall have taken any action pertaining to the Project which under the established procedures requires the prior approval of the Commissioner or shall have made related expenditures or incurred related obligations without the approval of the Commissioner; (4) Conflict of Interests. There has been in connection with the Project any violation of the conflict of interest rule, regulation, ordinance or statute applicable to the Grantee, its officers, members, or employees, or (5) Default. The Grantee shall be in default under any of the provisions of this Agreement. c. Disallowed Costs. In determining the amount of a payment, the Commissioner shall exclude all project costs incurred by the Grantee prior to the effective date of this agreement, except for those allowable costs as defined in Article 8(c) of this agreement. d. No interim payment will be made in an amount that would bring the aggregate amount of all partial payments for the project to more than 95 percent of the estimated State's share of the total estimated cost or the maximum obligation of the State as stated in Article 4, whichever amount is the lower. In determining the amount of a partial grant payment, those project costs that the Commissioner considers to be of ques- tionable allowability are deducted both from the amount of project costs incurred and from the amount of the estimated total project cost. e. Whenever the project is delayed or suspended for an appreciable period of time for reasons beyond the Grantee's control and the allowability of the project costs has been determined on the basis of an audit and review of all costs, a semi-final grant payment may be made in an amount large enough to bring the ag- gregate amount of all partial grant payments for the project to the State's share of all allowable project costs incurred, even if the amount is more than 95 percent limitation. However, it may not be more than the max- imum obligation of the State as stated in Article 4. f. Whenever the project is completed in accordance with the grant agreement, the Grantee may apply for final payment. The final payment is made to the Grantee if: (1) A final project report and plans have been reviewed and accepted by the Commissioner. (2) A final audit of the project account has been completed by the Commissioner or the State Comptroller. (3) The Grantee has furnished the agreed to number of copies of the final report and plans to the Commissioner. DV5-5b (1/89) g. Based upon the final inspection and the final audit of the project report and plans, the Commissioner determines the total amount of the allcrWable project costs and the State Comptroller pays the Grantee the State share, less the total amount of all prior payments. h. In no event shall the making by the State of any payment pursuant to this agreement constitute or be construed as a waiver by the State of any breach of covenant or any default which may then exist, on the part of the Grantee and the making of any such payment by the State while any such breach or default shall exist, it shall in nowise impair or prejudice any right or remedy available to the State in respect of such breach or default. Article 10. Termination or suspension of State's Obligations a. Termination or Suspension Generally. If the Grantee abandons or, before completion, finally discon- tinues the Project; or if, by reason of any of the events or conditions set forth in paragraphs (1) to (5), inclusive, of Article 9 (b) hereof, or for any other reason, the commencement prosecution, or timely comple- tion of the Project by the Grantee is rendered improbable, infeasible, impossible or illegal, the Commissioner may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commissioner may terminate any or all or its obligations under this agreement. b. Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination notice under this Section, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the grant is to be computed; (2) furnish a statement of the status of the Pro- ject activities and of the project account as well as a proposed schedule, plan and budget for terminating or suspending the closing out Project activities and contracts, and other undertakings the costs of which are other- wise includable as Project costs; and (3) provide to the Commissioner an estimate of the State's share of the costs arising from the termination, suspension, or closing out of such activities, contracts, and other undertakings. The closing out shall be carried out in conformity with the latest schedule, and budget approved by the Commissioner upon the basis of terms and conditions imposed by the Commissioner upon the failure of the Grantee to furnish the schedule, plan and budget within a reasonable time. The acceptance of a remittance by the State of any or all Project funds previously received by the Grantee or the closing out of State financial participation in the Project shall not constitute a waiver of any claim which the State may otherwise have arising out of this Agreement. Article 11. Remission of Project Account Upon Completion of Project. Upon completion of the Project, and after payment, provision for payment or reimbursement of all Project costs payable from the project account is made, the Grantee shall remit to the State any unexpended balance of State funds previously paid to it. Article 12. Audit and Inspection. The Grantee shall permit and shall require its contractors to permit the Commissioner's and the State Comptroller's authorized representatives to inspect all work, materials, payrolls, records of personnel, invoices of materials, equipment, data and records; and to audit the books, records and accounts of the Grantee pertaining to the Grant and the development of the Project. Article 13. Manner of Performing Work. The work constituting the Project may be performed by the employment of the forces and the use of the equipment of the Grantee as authorized by the Commissioner, or by contract let pursuant to bidding procedures, more particularly referred to in Addendum 1 hereof. Article 14. (a) State Approval Required. Any contracts, supplemental contracts, or amendments thereto executed by the Grantee for this project must receive the approval of the Commissioner and State Comptroller before State reimbursement under this Agreement will be made. Such approvals do not change the State's financial obligation as prescribed in Article 4 of this Agreement. (b) Equal Employment Opportunity. All contracts for design, construction, services and materials for the project of whatever nature and all documents soliciting bids or proposals therefore shall con- tain the following provisions: (1) The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group persons and women are afforded equal opportunity without discrimination. Such programs shall include, but not be limited to, recruit- ment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training. DV5-6b (1/89) (2) At the request of the Department, the contractor shall request each employment agency, labor union, or authorized representative of workers with whicli it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the agency to furnish a written statement that such employment agency, labor union or representative shall not discriminate because of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will cooperate in the implementation of the contractor's obligations hereunder. (3) The contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the agency, that all qualified applicants will be afforded equal employment opportunity without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. (4) The contractor will include the provisions of paragraphs 1 through 3 of this subdivision in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcon- tractor or vendor as to its work in connection with the contract. Article 15. Executory Clause. The Grantee agrees that this Agreement shall be deemed executory only to the extent of the monies available, and no liability shall be incurred by the State beyond the monies available for the purpose. Article 16. Participation by Minority and Women Owned Business Enterprises. It is the policy of the State of New York to encourage meaningful participation by minority and women -owned business enterprises in the performance of Transportation Infrastructure Renewal Projects. Because this is a Federal Assistance Project, in accordance with Section 428 of the Transportation Law all Federal requirements relative to the participation of disadvantaged, minority and/or women -owned business enterprises, including but not limited to 49 CFR Part 23 shall apply to the Grant. A violation of any such Federal requirement shall be a violation of this Agreement. Article 17. New York State Content Program. All contracts financed under this Grant are subject to the New York State Content Program authorized under Section 422(7) of the Transportation Law, when established. Article 18. Indemnification. The Department shall in no way be liable for any costs, liability or damages claimed by any person as the result of the Department's award of the Grant or any review or approval given in connection therewith. The Grantee agrees to indemnify and hold harmless the Department and its officers, agents and employees of and from any and all costs, liability, damage and expenses, including expenses for legal services, claimed or recovered by any person by reason of injury to, or death of, any person or persons, and damage to, destruction or loss of use of any and all property, arising from the award or administration of the Grant. DV5-7b (1/89) IN WITNESS WHEREOF, this Agreement has been executed by the State acting by and through the Commissioner, who has caused the seal of his office to be affixed hereto, and the Grantee by and through a duly authorized officer has executed this Agreement effective the day and year first above written. T PLE OF THE STATE OF NEW YORK GRANTEE 11 For: COMM SIO F TRANSPOR ATIO By ZjCOtt LOUIS Harris Supervisor, Town of Southold Title Q!7 A PP ro d MjV s 19 By or a New York State Co ptroller Pursuant To Section 112 State Finance Law STATE OF NEW YORK ) COUNTY OF SUFFOLK On this 23rd day February in the year One Thousand Nine Hundred ninety-three before me personally came Scott Louis Harris , to me known, who being by me duly sworn did depose and say that heMe resides at 37800 Main Road, Orient, New York ; that heickoc is the Supervisor of the Grantee described in and which executed the above instrument; that he/ifte was authorized to execute the document on behalf of said Grantee pursuant to a resolution which was duly adopted on February 23, 1993 and to which a certified copy is attached and made a part hereof. ,r1c:v Cifiication Contract No.� of this contract, I also NOTARY PUBLIC s , + signe,lure pace will ;. Gc'tC,'!.ritl+n act. iy .�: contr n�3 ,AA pa ment c, ` / n- portation ASTOFORM Ap NEvd YOLK S�A� P` A�ORNEY GENER MM 13 1993 Q, vRE"R� A P �{p►� ASO DV5-8c (1/89) ADDENDUM NO. 1 TERMS AND CONDITIONS 1. The Grantee agrees to incorporate or cause to be incorporated into any contract for construction work, or furnishing of nay materials, supplies, or equipment or professional consulting services of any kind in con- nection with the Project, clauses under which the contractor: (a) Agrees to procure and maintain insurance of the kinds and in the amounts hereinafter provided in Schedule I hereof. (b) Agrees that he will comply with the requirements of the State Labor Law and particularly Sections 220 and 220-4 thereof as amended, and as set forth in Appendix A hereof. (c) Agrees that during the performance of this contract the Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin and will comply with the Non -Discrimination provisions set forth in Appendix A hereof. (d) Agrees that he will cause all persons employed upon the work including his subcontractors, agents, officers and employees, to comply with all applicable laws in the jurisdiction in which the work is performed. (e) Agrees not to assign, transfer, convey, sublet or otherwise dispose of this agreement or any part thereof, or of its right, title or interest therein or its power to execute such agreement to any person, company or cor- poration without the previous consent in writing of the Grantee and the Commissioner of Transportation. (f) Agrees that in accordance with its status as an independent contractor, it will conduct itself with such status that it will neither hold itself out as nor claim to be an officer or employee of the State by reason hereof, and that it will not by reason hereof, make any claim demand of application to or for any right or privilege applicable to an officer or employee of the State, including, but not limited to, Workmen's Compensation coverage, Unemployment Insurance Benefits, Social Security coverage or Retirement membership or Credit. (g) Agrees that this agreement may be cancelled or terminated by the Grantee if any work under this agreement is in conflict with the provisions of Section 74 of the Public Officers Law. (h) Agrees that any patentable result arising out of this Agreement, as well as all information, designs, specification, know-how, data, and findings, shall be made available without cost to the State or its licenses for public use. (i) Agrees that for construction work he will furnish a performance bond in an amount at least equal to 100 percent of his contract price as security for the faithful performance of his contract and also a labor and material bond in an amount equal to 100 percent of his contract price as security for the payment of all persons performing labor on the Project under his contract and furnishing materials in connection with his contract. The performance bond and the labor and material bond may be in one or in separate instruments in accordance with law. 0) Agrees that the Commissioner and the State Comptroller reserve the right to audit and inspect the work of the contractor and any and all records thereof through representatives of the State, as well as through officers and employees of the State, as they shall determine. (k) Agrees that the State shall not be obligated or liable hereunder to any party other than the Grantee. (1) Agrees that if any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of the applicable law. (m) Agrees that by execution of the Agreement the contractor represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this agreement. (n) Agrees that all project documents requiring formal approval by a Federal Agency will be submitted to the Commissioner for his prior approval and forwarding to the Federal Agency for its formal approval. DV5-9b (1/89) 2. The Grantee agrees to give full opportuni$y for fFee, open and competitive bidding for each contract to be let by it calling for construction or the furnishing of any materials, supplies, or equipment to be paid for with Project Funds in accordance with the requirements of Section 103 of the General Municipal Law, the State Finance Law and any other applicable State Laws, Regulations or any requirements or opinions of the State Comptroller. 3. The Grantee agrees that contracts for professional or consulting services may be negotiated, but they must be in writing and must state the maximum compensation or reimbursement to be paid. Negotiations must be adequately documented to show consultants considered, proposals received, reasons for selecting the proposed consultant, and the unit basis or other detailed explanation in support of the amount of compensation to be paid. DV5-10b (1/89) SCHEDULE 1 INSURANCE CLAUSES TO BE INCLUDED IN GRANTEE CONTRACTS The Grantee agrees to incorporate or cause to be incorporated into any contract in connection with the Project, the following clauses: The Contractor agrees to procure and maintain insurance of the kinds and in the amounts hereafter provided in insurance companies authorized to do business in New York State, covering all operations under the contract whether performed by it or sub -contractors. Before commencing the work the Contractor shall furnish the Grantee a certificate or certificates in form satisfactory to the Grantee showing that it has complied with this Schedule, which certificate or certificates shall not be changed or cancelled until thirty days written notice has been given to the Grantee. The kinds and amounts of insurance required are as follows: A. Policy or policies covering the obligations of the Contractor in accordance with the provisions of any applicable Workmen's Compensation or Disability Benefits Law, including for the State of New York, Chapter 41, Laws of 1914, as amended, known as the Workmen's Compensation Law, and amendments thereto, and Chapter 600 of the Laws of 1949, as amended, known as the Disability Benefits Law, and this agreement shall be void and no effect unless the Contractor procures such policy or policies and maintains the same in force during the term of his contract. B. Protective Liability insurance issued to an covering the liability of the Grantee, the State, the Commissioner and all employees or other representatives of each of them, both officially and personally with respect to all operations under the contract including omissions and supervisory acts of the Grantee, the State, the Commissioner and their employees or other representatives with the following limits: Construction Bodily Injury Liability Each Person Each Occurrence $1,000,000 $3,000,000 Property Damage Liability Each Occurence Aggregate $1,000,000 $3,000,000 Consultant and Other Services Bodily Injury Liability Property Damage Liability Each Person Each Occurence Each Occurence Aggregate $100,000 $ 300,000 $100,000 $ 300,000 C. Liability insurance issued to and covering the liability of the CONTRACTOR with respect to all work performed by him under this Agreement. D. Liability insurance issued to and covering the liability of each of the CONTRACTOR'S sub -contractors with respect to all work performed by said sub -contractor under this Agreement. E. Protective liability insurance issued to and covering the liability of the CONTRACTOR with respect to all work under this Agreement performed for the CONTRACTOR by sub -contractor. F. Protective liability insurance issued to and covering the liability of the Grantee and all employees of the Grantee, both officially and personally, with respect to all operations under this agreement by the CONTRACTOR or by his sub -contractor, including omissions and supervisory acts of the Grantee and its employees. NOTE. If work is to be performed by forces of the Grantee, the Grantee will provide or cause to be provided the insurance coverage provided in Paragraph B above. DV5-11b (1/89) CON R 335-1f (9189) APPENDIX A STANDARD CLAUSES FOR'ALL NEW YORK STATE CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licensor, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON -ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $5,000 ($20,000 for certain S.U.N Y. and C.U.N Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal satutory and constitutional non- discrimination provisions, the Contractor will not discriminate against any employee or applicant for employ- ment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equip- ment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the perfor- mance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcon- tractors shall, by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statues, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State labor Department in accordance with the Labor Law. 7. NON -COLLUSIVE BIDDING REQUIREMENT. In accordance with Section 139-d of the State Finance Law. If this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non -collusive bidding certification on Contractor's behalf. CONR 335.2f (9/89) 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material conditon of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regula- tions thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, deter- mination or disposition of appeal (2 NYCRR 105.4) 9. SETOFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State prac- tices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS, The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Con- tractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION: (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on his invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Direc- tor of State Accounts, Office of the State Comptroller, AESOB, Albany, New York 12236. , CONR 335-3f (9/89) 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN: In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument. providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combina- tion of the foregoing, to be performed for, or rendered or furnished to the contracting agency: or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100.000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective barganing or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis or race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a", "b" and "c", above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of his section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article XI -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it be registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. August 1989 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 6, 1993, AT 7:30 P.M., AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK: The meeting was called to order by Supervisor Scott L. Harris, and upon roll being called, the following were present: Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie The following resolution was offered by Justice Edwards who moved its adoption, seconded by Councilman Wickham, WHEREAS, application for available Federal Funding for Engineering Design for Runway 12-30 Overlay, has been approved; and WHEREAS, the project has been deemed consistent with sound transportation development policy and planning concepts for New York State participation; and WHEREAS, the Federal share of the grant amounts to $54,000.00, the State share amounts to $4,500.00, the Local share amounts to $1,500.00, for a Total Project amount of $60,000.00; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Harris to execute the New York State Department of Transportation, Aviation Transportation, Infrastructure Renewal Project Grant agreement, for financial assistance not to exceed $4,500.00 (State PIN No. 0913.06), and the SEQR Agency Compliance Statement for said project which is described as follows: Engineering Design for Runway 12-30 Overlay, at Elizabeth' Field Airport, Fishers Island, New York. Question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. The foregoing resolution amended Resolution No. 5, adopted on February 23, 1993, by including the Total Project Cost, Federal Share, State Share, Local Share. ' Judith T. Terry Southold Town Clerk April 7, 1993 JUMTH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER ��FFo�k�oGy OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town_ Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 6, 1993, AT 7:30 P.M., AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK: The meeting was called to order by Supervisor Scott L. Harris, and upon roll being called, the following were present: Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny. IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie The following resolution was offered by Justice Edwards who moved its adoption, seconded by Councilman Wickham: WHEREAS, application for available Federal Funding for Engineering Design for Runway 7-25 Overlay, has been approved; and WHEREAS, the project has been deemed consistent with sound transportation development policy and planning concepts for New York State participation; and WHEREAS, the Federal share for the grant amounts to $45,900.00, the State share amounts to $2,550.00, the Local share amounts to $2,550.00, for a Total Project amount of $51,000.00; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Harris to execute the New York State Department of Transportation, Aviation Transportation, Infrastructure Renewal Project Grant agreement, for financial assistance not to exceed $2,550.00 (State PIN. No. 0913.07) , and the SEQR Agency Compliance Statement for said project which is described as follows: Engineering Design for Runway 7-25 Overlay, at Elizabeth Field Airport, Fishers Island, New York. The foregoing resolution amended Resolution No. 6, adopted on February 23, 1993, by including the Total Project Cost, Federal Share, State Share, Local Share. - udith T. Terry Southold Town Clerk April 7, 1993 JAMES A. KUZLOSKI REGIONAL DIRECTOR June 24, 1993 [cs.eo STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 4 JUN 3 0 Honorable Scott L. Harris Supervisor Southold Town Hall P.O. Box 1179 Southold, NY 11977 Dear Mr. Harris: Aviation Grant Agreements Elizabeth Field Airport JOHN C. EGAN COMMISSIONER Attached for your information and files are copies of the fully executed State Grant Agreements for the following Elizabeth Field Airport projects. PIN 0913.05 - Install electrical vault Install rotating beacon Install MIRL PIN 0913.06 - Engineering Design for RW 12-30 overlay PIN 0913.07 - Engineering Design for RW 7-25 overlay. Very truly yours, JOHN A. FALOTICO Planning & Program Management Director Attachment NEW YORK STATE DEPARTMENT OF TRANSPORTATION AVIATION TRANSPORTATION INFRASTRUCTURE RENEWAL PROJECT GRANT AGREEMENT (STUDY) Project No. 0913.07 Contract No. �,6T5 0� qq This Agreement made this lst day of October , 19 91 by and between the people of the State of New York, (hereinafter referred to as the "State") acting by and through its Commissioner of Transportation (hereinafter referred to as the "Commissioner"), whose office is in the Administration and Engineering Building, 1220 Washington Avenue, Governor Harriman State Campus, City and County of Albany, New York, and the Town of Southold with offices at Southold, New York (hereinafter referred to as the "Grantee" WHEREAS, Section 14-h of the Transportation Law, and Article 17 of the Transportation Law known as the Implementation of the Rebuild New York Through Transportation Infrastructure Renewal Bond Act of 1983, authorizes the Commissioner to provide for the accomplishment of Municipal Transportation Infrastruc- ture Renewal Projects pursuant to an agreement with a Grantee and WHEREAS, the Grantee has made application to the Commissioner for State aid for the accomplishment of a Transportation Infrastructure Project, (hereinafter referred to as the "Project"), which Project is describ- ed in Article 3 below, and WHEREAS, the Grantee has applied for and secured available Federal Assistance for the Project, with the approval of the Commissioner, and WHEREAS, the Project has been approved by the Commissioner and found to be consistent with sound transportation development policy and planning concepts and eligible for State participation, and Now, therefore, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: Article 1. Purpose of Agreement — The purpose of this Agreement is to provide for the undertaking of an Airport Transportation Infrastructure Renewal Project (herein called the "Project"), with State financial assistance to the Grantee in the form of a grant agreement (herein called the "Grant") to determine the location, extent and cost of any future improvements to meet the present and future demands for aviation services at the ELIZABETH FIELD AIRPORT , pursuant to the Rebuild New York Through Transportation Infrastructure Bond Act of 1983 and to state the terms and conditions upon which such assistance will be provided and the mutual understandings and agreements of the parties as to the manner in which the Project will be undertaken and completed. Article 2. Documents Forming the Agreement — The agreement shall consist of this document and the following attachments which are hereby made a part of this Agreement as if set forth fully herein: Addendum No. 1, Schedule 1, and Appendix A. Article 3. The Project — The Grantee agrees to undertake and complete the Project substantially as described in its application heretofore filed with and approved by the Commissioner, a copy of which is hereby made part of this Agreement by reference, and in accordance with the Request for Aid, made to the Federal Aviation Administration, a copy of which is hereby made part of this Agreement by reference, and in accor- dance with the terms and conditions of this Agreement. The Project is described as follows. ENGINEERING DESIGN FOR RUNWAY 7-25 OVERLAY This work is more particularly described and detailed in the plans, programs and schedules approved or to be approved by the Commissioner. DV5-1c (1/89) Article 4. The Grant — The Commissioner hereby determines that the estimated reasonable cost of this Project is $ 51, 000 . Subject to the Grantee"compliance with the terms and conditions of this Agreerrient,. the Commissioner agrees to pay the Grantee, as hereinafter provided, not more than $ 2,550 ori+)% of the non -Federal share of the project cost whichever is less. The Grantee agrees to apply for additional Federal assistance which may become available for the Project, subject -to such conditions as the Commissioner may require in order to maximize the amounts of Federal assistance received or to be received for all projects in the State of New York. In the event that Federal assistance which was not included in the foregoing calculation of the State payment becomes available to the Grantee, the amount of State payment shall be recalculated with the inclusion of such additional Federal assistance and the Grantee shall either (a) pay to the State the amount by which the State payment actually made exceeds the State payment determined by the recalculation or (b) if such additional Federal assistance has not been received by the Grantee, authorize the State to receive such. amount from the Federal government and to retain an appropriate amount thereof. The Grantee shall provide for the payment of the remainder of the actual total cost of the Project. Article 5. Commencement of Work and Use and Sale of Project Facilities — The Grantee agrees to undertake and proceed with the project within 6 months of the date of this agreement and to complete the project in accordance with the schedules, proposals, plans, and programs as approved by the Commissioner. Where the Project results in the establishment of an airport or otherwise affects development of an existing airport, the following shall apply: The Grantee will operate the airport as such for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the Grantee specifically agrees that it will keep the airport open to all types, kinds, and classes of aeronautical use without discrimination between such types, kinds, and classes, provided, that the Grantee may establish such fair, equal and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport; and provided further that the Grantee may prohibit or limit any given type, kind, or class aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. The Grantee will not grant or permit any exclusive right for the use of the airport, and will otherwise comply with all applicable laws. In furtherance of this covenant (but without limiting its general applicability and effect), the Grantee specifically agrees that, unless authorized by the Commissioner, it will not, either directly or indirectly, grant or permit any person, firm, or corporation the exclusive right for the conduct of any aeronautical activities on the airport, including but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. The Grantee agrees that it will operate the airport for the use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of this covenant (but without limiting its general applicability and effect, the Grantee specifically covenants and agrees: a. That in its operation and the operation of all facilities on the airport, neither it not any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, creed, sex, color, or national origin in the use of any facilities provided for the public on the airport. b. That in any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to render to the public any service (including the furnishing or sale of any aeronautical parts, materials, or supplies) essential to the operation of aircraft at the airport, the Grantee will insert and enforce provisions requiring the contractor: (1) to furnish said service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) To charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. That it will not exercise or grant any right or privilege which would operate to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance and repair) that it may choose to perform. d. In the event the Grantee itself exercises any of the rights and privileges referred to in subsection b, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaries of the Grantee under the provisions of such subsection b. Nothing contained herein shall be construed to prohibit the granting or exercise of any exclusive right for the furnishing of nonaviation products and supplies or any service of a nonaeronautical nature or to obligate the Grantee to furnish any particular nonaeronautical service at the Airport. DV5-2b (1/89) The Grantee will operate and maintain in a $afe and serviceable condition the airport and all facilities thereon and connected therewith which are necessary to service the aeronautical users of the airport other than facilities owned or controlled by the United States, and will not permit any activity thereon which would interfere with its use for airport purposes. Provided, that nothing contained herein shall be construed to require that the airport be operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions which would interfere with such operation and maintenance, and provided further, that nothing herein shall be construed as requiring the maintenance, repair, restoration or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Grantee. Insofar as it is within its power and reasonable possible, the Grantee will, either by the acquisition and. retention of the easements or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards applicable according to the currently approved airport layout plan. In addition, the Grantee will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the airport, in any portion of a runway approach area in which the Grantee has acquired, or may hereafter acquire, property interests permitting it to so control the use made of the surface of the land. All facilities of the airport developed with State aid and all those usable for the landing and taking off of aircraft, will be available to State Aircraft at all times, without charge. The Grantee shall submit to the Commissioner, at such time as he may require, such financial statements, operating information and other data as may be deemed necessary by the Commissioner to assure compliance with this Article and to prepare his annual report on the scope and results of the Project. The airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, and other instruments, will be made available for inspection by any duly authorized representative of the Commissioner upon reasonable request. The Grantee will furnish to the Commission upon request, a true copy of any such document. The Grantee will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency found by the Commissioner to be eligible to assume such obligations and having the power, authority, and financial resources to carry out all such obliga- tions. If an arrangement is made for management or operation of the airport by any agency or person other than the Grantee or an employee of the Grantee, the Grantee will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with these covenants. The Grantee will keep up-to-date at all times an airport layout plan of the airport showing (1) the boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Grantee for airport purposes, and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads) including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan, and each amendment, revision or modification thereof, shall be subject to the approval of the Commissioner which approval shall be evidenced by the signature of a duly authorized representative of the Commissioner on the face of the layout plan. The Grantee will not make or permit the making of any changes or alterations in the airport or any of its facilities other than in conformity with the airport layout plan as so approved by the Commissioner if such changes or alterations might affect the safety, utility, or efficiency of the airport. Insofar as is within its power and to the extent reasonable, the Grantee will take action to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations including landing and takeoff of aircraft. Article 6. Accomplishments of the Project — a. Pursuant to Federal, State and Local Law. In the event that any election, referendum, approval, permit, notice, or other proceedings or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume, or carry out any of the provisions of this Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. b. Funds of the Grantee. The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide it share of actual total cost of the Project, as provided in Article 4 of this Agreement, or on prior to the time that such funds are needed to meet Project cost. DV5-3b (1/89) c. Submission of Proceedings, Contract and Other Documents. The Grantee shall submit to the Commissioner and the State Comptroller. such data, reports, records, contract and other documents relating to the Project as the Commissioner and the State Comptroller may require. Article 7. The Project Budget. A Project budget shall be prepared and maintained by the Grantee: The Grantee shall carry out the Project and shall incur obligations only in conformity with the latest approved Project budget, and within the "Estimated Total Cost"' of the: Project. Article 8. Accounting Records — a. Establishment and Maintenance of Accounting Record. The Grantee shall establish and maintain for the Project, in accordance with requirements established by the Commissioner and approved by the State Comptroller, separate accounts within its existing accounting system or set up independently, to be known as the project account. The Grantee shall segregate and group project costs so that it can furnish on due notice, cost information in the cost classifications required by the Commissioner. b. Funds Received or Made Available for the Project. The Grantee shall record in the project account, as they are received all grant payments received from the Federal Government on account of the Project. The Grantee shall record in the project account such funds as it may allocate for payment of its share of the actual cost of the project. The Grantee shall advise the Commissioner monthly in writing of the amounts recorded in the project account or at such times as the Commissioner may prescribe. The Commissioner or the State Comptroller may audit the project account at such time as the Commissioner or the State Comptroller may require. c. Costs Incurred for the Project. The Grantee shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Commissioner and the Legislature shall not be considered eligible costs. In specific cases where it is impractical to determine precise costs of certain indirect or service functions, eligible costs will include such allowances for these costs as may be approved by the Commissioner and the Comptroller. Such approval will be based upon an audit determination that the amounts reimbursed will not exceed actual cost. To be an allowable Project cost, for the purposes of computing the amount of a grant, an item that is paid or incurred must, in the opinion of the Commissioner: (1) Have been necessary to execute the Project in accordance with the approved schedules, proposals, plans and progress in accordance with the terms of the grant agreement for the project; (2) Be reasonable in amount; (3) Have been incurred after the effective date of the Grant Agreement, except for those costs incurred to apply for Federal funds; (4) Be supported by satisfactory evidence. d. Documentation of Project Costs. All costs charged to the project account including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges, in accor- dance with the rules and regulations of the Commissioner as approved by the State Comptroller. e. Checks, Orders and Vouchers. Any check or order drawn by the Grantee with respect to any items which is or will be chargeable against the project account will be drawn only in accordance with a properly signed vouchers then on file in the office of the Grantee; stating; in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. f. Reports. The Grantee shall prepare an interim report at the end of its fiscal year accounting for the expenditures of the funds of the State, the Grantee, any Federal agency, and any other source with respect to the project. g. Retention of Records. The Grantee shall retain all required records for at least 3 years following the receipt of final payment. In the event that any litigation claim, or audit is started before the expiration of the three year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved but in no event less than three years. DV54b (1/89) Article 9. Requisitions and Payments , . a. Interim progress" payments shall be made upon request by the Grantee to the Commissioner under the following conditions: (1) Such requests for reimbursement of the State's share of authorized project costs shall be made on a regular periodic basis, but no more frequently than once each month. (2) Such request vouchers shall be in a summary form and the documents supporting such costs incurred by the Grantee shall be maintained in a secure manner by the Grantee at its headquarters or at such other place as shall be readily accessible to the Commissioner and the State Comptroller for purposes of auditing project costs and expenditures. All such accounting records shall be retained by the Grantee until six years after completion of the State Comptroller's final audit report which will be rendered after the satisfactory completion of the Project as provided by this Agreement. b. Subject to the other provisions hereof, requisitions for payments will be honored by the Commissioner except that the State may elect by notice in writing to withhold any payment if: (1) Misrepresentation. The Grantee shall have made any misrepresentation of a material nature in its Application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; (2) Litigation. There is then pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or payments to the Project; (3) Concurrence by State. The Grantee shall have taken any action pertaining to the Project which under the established procedures requires the prior approval of the Commissioner or shall have made related expenditures or incurred related obligations without the approval of the Commissioner; (4) Conflict of Interests. There has been in connection with the Project any violation of the conflict of interest rule, regulation, ordinance or statute applicable to the Grantee, its officers, members, or employees, or (5) Default. The Grantee shall be in default under any of the provisions of this Agreement. c. Disallowed Costs. In determining the amount of a payment, the Commissioner shall exclude all project costs incurred by the Grantee prior to the effective date of this agreement, except for those allowable costs as defined in Article 8(c) of this agreement. d. No interim payment will be made in an amount that would bring the aggregate amount of all partial payments for the project to more than 95 percent of the estimated State's share of the total estimated cost or the maximum obligation of the State as stated in Article 4, whichever amount is the lower. In determining the amount of a partial grant payment, those project costs that the Commissioner considers to be of ques- tionable allowability are deducted both from the amount of project costs incurred and from the amount of the estimated total project cost. e. Whenever the project is delayed or suspended for an appreciable period of time for reasons beyond the Grantee's control and the allowability of the project costs has been determined on the basis of an audit and review of all costs, a semi-final grant payment may be made in an amount large enough to bring the ag- gregate amount of all partial grant payments for the project to the State's share of all allowable project costs incurred, even if the amount is more than 95 percent limitation. However, it may not be more than the max- imum obligation of the State as stated in Article 4. f. Whenever the project is completed in accordance with the grant agreement, the Grantee may apply for final payment. The final payment is made to the Grantee if: (1) A final project report and plans have been reviewed and accepted by the Commissioner. (2) A final audit of the project account has been completed by the Commissioner or the State Comptroller. (3) The Grantee has furnished the agreed to number of copies of the final report and plans to the Commissioner. DV5-5b (1/89) g. Based upon the final inspection and the final audit of the project report and plans, the Commissionef determines the total amount of the allowable project costs and the State Comptroller pays the Grantee the State share, less the total amount 'of all prior payments. h. In no event shall the making by the State of any payment pursuant to this agreement constitute or be construed as a waiver by the State of any breach of covenant or any default which may then exist, on the part of the Grantee and the making of any such payment by the State while any such breach or default shall exist, it shall in nowise impair or prejudice any right or remedy available to the State in respect of such breach or default. Article 10. Termination or suspension of State's Obligations a. Termination or Suspension Generally. If the Grantee abandons or, before completion, finally discon- tinues the Project; or if, by reason of any of the events or conditions set forth in paragraphs (1) to (5), inclusive, of Article 9 (b) hereof, or for any other reason, the commencement prosecution, or timely comple- tion of the Project by the Grantee is rendered improbable, infeasible, impossible or illegal, the Commissioner may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commissioner may terminate any or all or its obligations under this agreement. b. Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination notice under this Section, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the grant is to be computed; (2) furnish a statement of the status of the Pro- ject activities and of the project account as well as a proposed schedule, plan and budget for terminating or suspending the closing out Project activities and contracts, and other undertakings the costs of which are other- wise includable as Project costs; and (3) provide to the Commissioner an estimate of the State's share of the costs arising from the termination, suspension, or closing out of such activities, contracts, and other undertakings. The closing out shall be carried out in conformity with the latest schedule, and budget approved by the Commissioner upon the basis of terms and conditions imposed by the Commissioner upon the failure of the Grantee to furnish the schedule, plan and budget within a reasonable time. The acceptance of a remittance by the State of any or all Project funds previously received by the Grantee or the closing out of State financial participation in the Project shall not constitute a waiver of any claim which the State may otherwise have arising out of this Agreement. Article 11. Remission of Project Account Upon Completion of Project. Upon completion of the Project, and after payment, provision for payment or reimbursement of all Project costs payable from the project account is made, the Grantee shall remit to the State any unexpended balance of State funds previously paid to it. Article 12. Audit and Inspection. The Grantee shall permit and shall require its contractors to permit the Commissioner's and the State Comptroller's authorized representatives to inspect all work, materials, payrolls, records of personnel, invoices of materials, equipment, data and records; and to audit the books, records and accounts of the Grantee pertaining to the Grant and the development of the Project. Article 13. Manner of Performing Work. The wort; constituting the Project may be performed by the employment of the forces and the use of the equipment of the Grantee as authorized by the Commissioner, or by contract let pursuant to bidding procedures, more! particularly referred to in Addendum 1 hereof. Article 14. (a) State Approval Required. Any contracts, supplemental contracts, or amendments thereto executed by the Grantee for this project must receive the approval of the Commissioner and State Comptroller before State reimbursement under this Agreement will be made. Such approvals do not change the State's financial obligation as prescribed in Article 4 of this Agreement. (b) Equal Employment Opportunity. All contracts for design, construction, services and materials for the project of whatever nature and all documents soliciting bids or proposals therefore shall con- tain the following provisions: (1) The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group persons and women are afforded equal opportunity without discrimination. Such programs shall include, but not be limited to, recruit- ment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, rates of pay or other forms of compensation ,and selections for training or retraining including apprenticeship and on-the-job training. DV5-6b (1/89) (2) At the request of the Department, the contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the agency to furnish a written statement that such employment agency, labor union or representative shall not discriminate because of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will cooperate in the implementation of the contractor's obligations hereunder. (3) The contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the agency, that all qualified applicants will be afforded equal employment opportunity without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. (4) The contractor will include the provisions of paragraphs 1 through 3 of this subdivision in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcon- tractor or vendor as to its work in connection with the contract. Article 15. Executory Clause. The Grantee agrees that this Agreement shall be deemed executory only to the extent of the monies available, and no liability shall be incurred by the State beyond the monies available for the purpose. Article 16. Participation by Minority and Women Owned Business Enterprises. It is the policy of the State of New York to encourage meaningful participation by minority and women -owned business enterprises in the performance of Transportation Infrastructure Renewal Projects. Because this is a Federal Assistance Project, in accordance with Section 428 of the Transportation Law all Federal requirements relative to the participation of disadvantaged, minority and/or women -owned business enterprises, including but not limited to 49 CFR Part 23 shall apply to the Grant. A violation of any such Federal requirement shall be a violation of this Agreement. Article 17. New York State Content Program. All contracts financed under this Grant are subject to the New York State Content Program authorized under Section 422(7) of the Transportation Law, when established. Article 18. Indemnification. The Department shall in no way be liable for any costs, liability or damages claimed by any person as the result of the Department's award of the Grant or any review or approval given in connection therewith. The Grantee agrees to indemnify and hold harmless the Department and its officers, agents and employees of and from any and all costs, liability, damage and expenses, including expenses for legal services, claimed or recovered by any person by reason of injury to, or death of, any person or persons, and damage to, destruction or loss of use of any and all property, arising from the award or administration of the Grant. DV5-7b (1/89) IN WITNESS WHEREOF, this Agreement has been executed by the State acting by and through the Commissioner, who has caused the seal of his office to be affixed hereto, and the Grantee by and through. a duly authorized officer has executed this Agreement effective the day and year first above written. THE PEOP VpT ST TE O W YORK GRANTEE A, By By . o ou s For: COMP l R O TRANSPORTATION Supervisor, _ Town of Southold Title VAY' 0 7 199 approved 17 IM 19 WA14- • For the New York State Comptroller Pursuant To Section 112 State Finance Law STATE OF NEW YORK ) COUNTY OF SUFFOLK j On this 23rd day February in the year One Thousand Nine Hundred ninety-three before me personally came Scott Louis Harris , to me known, who being by me duly sworn did depose and say that he/Ve resides at 37800 Main Road, Orient, New York • that heh bods the Supervisor _ of the Grantee described in and which executed the above instrument; that he/sb t was authorized to execute the document on behalf of said Grantee pursuant to a resolution which was duly adopted on _Feh rua)r 23, 1AA3 and to which a certified copy is attached and made a part hereof. Contract No. C1 We, pr' y� j AWj I' 7 I= DV5-8c (1/89) CAME N 0 T A R�Y "PU B L I�C AppR(3VED AS TO FO" NEW YORK STATE- A-Rj:)RNE1(Gr-NE1'1"'.. MAY 1�3` 1993 '00? TER FAVI As�soclATE A`�� )W"'t: �3 ADDENDUM NO. 1 TERMS AND CONDITIONS 1. The Grantee agrees to incorporate or cause to be incorporated into any contract for construction work, or furnishing of nay materials, supplies, or equipment or professional consulting services of any kind in con- nection with the Project, clauses under which the contractor: (a) Agrees to procure and maintain insurance of the kinds and in the amounts hereinafter provided in Schedule I hereof. (b) Agrees that he will comply with the requirements of the State Labor Law and particularly Sections 220 and 220-4 thereof as amended, and as set forth in Appendix A hereof. (c) Agrees that during the performance of this contract the Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin and will comply with the Non -Discrimination provisions set forth in Appendix A hereof. (d) Agrees that he will cause all persons employed upon the work including his subcontractors, agents, officers and employees, to comply with all applicable laws in the jurisdiction in which the work is performed. _(e) Agrees not to assign, transfer, convey, sublet or otherwise dispose of this agreement or any part thereof, or of its right, title or interest therein or its power to execute such agreement to any person, company or cor- poration without the previous consent in writing of the Grantee and the Commissioner of Transportation. (f) Agrees that in accordance with its status as an independent contractor, it will conduct itself with such status that it will neither hold itself out as nor claim to be an officer or employee of the State by reason hereof, and that it will not by reason hereof, make any claim demand of application to or for any right or privilege applicable to an officer or employee of the State, including, but not limited to, Workmen's Compensation coverage, Unemployment Insurance Benefits, Social Security coverage or Retirement membership or Credit. (g) Agrees that this agreement may be cancelled or terminated by the Grantee if any work under this agreement is in conflict with the provisions of Section 74 of the Public Officers Law. (h) Agrees that any patentable result arising out of this Agreement, as well as all information, designs, specification, know-how, data, and findings, shall be made available without cost to the State or its licenses for public use. (i) Agrees that for construction work he will furnish a performance bond in an amount at least equal to 100 percent of his contract price as security for the faithful performance of his contract and also a labor and material bond in an amount equal to 100 percent of his contract price as security for the payment of all persons performing labor on the Project under his contract and furnishing materials in connection with his contract. The performance bond and the labor and material bond may be in one or in separate instruments in accordance with law. (j) Agrees that the Commissioner and the State Comptroller reserve the right to audit and inspect the work of the contractor and any and ap records thereof through representatives of the State, as well as through officers and employees of the State, `as they shall determine. (k) Agrees that the State shall not be obligated or liable hereunder to any party other than the Grantee. (1) Agrees that if any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of the applicable law. (m) Agrees that by execution of the Agreement the contractor represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this agreement. (n) Agrees that all project documents requiring formal approval by a Federal Agency will be submitted to the Commissioner for his prior approval and forwarding to the Federal Agency for its formal approval. DV5-9b (1/89) 2. The Grantee agrees to give full opportunity for .Free, open and competitive bidding for each contract to be let by it calling for construction or the furnishing of any materials, supplies, or equipment to be paid for with Project Funds in accordance with the requirements of Section 103'of the General Municipal Law, the State Finance Law and any other applicable State Laws, Regulations or any requirements or opinions .of the State Comptroller. 3. The Grantee agrees that contracts for professional or consulting services may be negotiated, but they must be in writing and must state the maximum compensation or reimbursement to be paid. Negotiations must be adequately documented to show consultants considered, proposals received, reasons for selecting the proposed consultant, and the unit basis or other detailed explanation in support of the amount of compensation to be paid. DV5-10b (1/89) SCHEDULE,1 INSURANCE CLAUSES TO BE INCLUDED IN GRANTEE CONTRACTS The Grantee agrees to incorporate or cause to be incorporated into any contract in connection with the Project, the following clauses: The Contractor agrees to procure and maintain insurance of the kinds and in the amounts hereafter provided in insurance companies authorized to do business in New York State, covering all operations under the contract whether performed by it or sub -contractors. Before commencing the work the Contractor shall furnish the Grantee a certificate or certificates in form satisfactory to the Grantee showing that it has complied with this Schedule, which certificate or certificates shall not be changed or cancelled until thirty days written notice has been given to the Grantee. The kinds and amounts of insurance required are as follows: A. Policy or policies covering the obligations of the Contractor in accordance with the provisions of any applicable Workmen's Compensation or Disability Benefits Law, including for the State of New York, Chapter 41, Laws of 1914, as amended, known as the Workmen's Compensation Law, and amendments thereto, and Chapter 600 of the Laws of 1949, as amended, known as the Disability Benefits Law, and this agreement shall be void and no effect unless the Contractor procures such policy or policies and maintains the same in force during the term of his contract. B. Protective Liability insurance issued to an covering the liability of the Grantee, the State, the Commissioner and all employees or other representatives of each of them, both officially and personally with respect to all operations under the contract including omissions and supervisory acts of the Grantee, the State, the Commissioner and their employees or other representatives with the following limits: Construction Bodily Injury Liability Each Person Each Occurrence $1,000,000 $3,000,000 Property Damage Liability Each Occurence Aggregate 81,000,000 $3,000,000 Consultant and Other Services Bodily Injury Liability Property Damage Liability Each Person Each Occurence Each Occurence Aggregate $100,000 $300,000 $100,000 $300,000 C. Liability insurance issued to and covering the liability of the CONTRACTOR with respect to all work performed by him under this Agreement. D. Liability insurance issued to and covering the liability of each of the CONTRACTOR'S sub -contractors with respect to all work performed by said sub -contractor under this Agreement. E. Protective liability insurance issued to and covering the liability of the CONTRACTOR with respect to all work under this Agreement performed for the CONTRACTOR by sub -contractor. F. Protective liability insurance issued to and covering the liability of the Grantee and all employees of the Grantee, both officially and personally, with respect to all operations under this agreement by the CONTRACTOR or by his sub -contractor, including omissions and supervisory acts of the Grantee and its employees. NOTE. If work is to be performed by forces of the Grantee, the Grantee will provide or cause to be provided the insurance coverage provided in Paragraph B above. DV5-11b (1/89) CONR 335-1f (9/89) APPENDIX A STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licensor, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON -ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign Its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $5,000 ($20,000 for certain S.U.N.Y. and C.U.N.Y. contracts), or If this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other' State and Federal satutory and constitutional non- discrimination provisions, the Contractor will not discriminate against any employee or applicant for employ- ment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equip- ment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the perfor- mance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcon- tractors shall, by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statues, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7. NON -COLLUSIVE BIDDING REQUIREMENT. In accordance with Section 139-d of the State Finance Law. If this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non -collusive bidding certification on Contractor's behalf. CONR 335.2f (9/89) 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material conditon of the contract, that neitherrthe'Contractor nor any substantially owned or affiliated person, firm partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regula- tions thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, deter- mination or disposition of appeal (2 NYCRR 105.4) 9. SETOFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State prac- tices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Con- tractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable.. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION: (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment. for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, ie., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on his invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax taw. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Direc- tor of State Accounts, Office of the State Comptroller, AESOB, Albany, New York 12236. CON 335.3f (9189) 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN: In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combina- tion of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective barganing or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis or race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a'; "U' and "c'; above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance, policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of his section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article XI -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it be registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. August 1989 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 29, 1993 Mr. Philip 'Brito, Manager Federal Aviation Administration New York Airports District Office 181 South Franklin Avenue Room 305 Valley Stream, New York 11581 Re: Elizabeth Field Airport -Fishers Island Runway 7-25 8 12-30 Overlay AIP Project No. 3-36-0029-08-93 NYSDOT Project No. 0913.08 Dear Mr. Brito: Enclosed herewith, in accordance with the Airport and Airway Safety and Capacity Expansion Action of 1987, is Certification of Plans and Specifications by Sponsor with regard to the abovecaptioned project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Bruce W. Clark, C&S Engineers AS _: Z Town Hall, 53095 Main Road P.O. Box 1179 '• :� Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 29, 1993 Mr. Philip 'Brito, Manager Federal Aviation Administration New York Airports District Office 181 South Franklin Avenue Room 305 Valley Stream, New York 11581 Re: Elizabeth Field Airport -Fishers Island Runway 7-25 8 12-30 Overlay AIP Project No. 3-36-0029-08-93 NYSDOT Project No. 0913.08 Dear Mr. Brito: Enclosed herewith, in accordance with the Airport and Airway Safety and Capacity Expansion Action of 1987, is Certification of Plans and Specifications by Sponsor with regard to the abovecaptioned project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Bruce W. Clark, C&S Engineers CERTIFICATION OF PLANS AND SPECIFICATIONS BY SPONSOR Airport Sponsor: Town of Southold AIP Project No.: 3-36-0029-08-93 Project Name: Runway 7-25 & 12-30 Overlay Pursuant to the provisions of the Airport and Airway Safety and Capacity .Expansion Act of 1987, I, Scott L. Harris, Supervisoras authorized representative of Town of Southold , hereby certify to the best of our knowledge, information, and belief that: 1. All development proposed in this project is in substantial compliance with FAA standards except for the deviations noted, and approved by the FAA. 2. All development proposed in this project which requires an environmental assessment is in substantial compliance with an approved Environmental Impact Statement (EIS) or Finding of No Significant Impact (FONSI). 3. All work included in the Plans and Specifications for this project is in substantial compliance with the approved Airport Layout Plan. 4. The Plans and Specifications for this project only include development set forth in the tentative allocation or FAA approved program change unless otherwise identified as non-AIP items. June 29, 1993 Date r. Signature Supervisor, Town of Southold Title CERTIFICATION OF PLANS AND SPECIFICATIONS BY ENGINEER Airport Sponsor: Town of Southold AIP Project No.: 3-36-0029-08-93 Project Name: Runway 7-25 & 12-30 Overlay Pursuant to the provisions of the Airport and Airway Safety and Capacity Expansion Act of 1987, I, RONALD L. PECKHAM, P.E., as authorized representative of C&S ENGINEERS, INC., hereby certify to the best of our knowledge, information, and belief that: 1. All development proposed in this project is in substantial compliance with FAA standards except for the deviations noted, and approved by the FAA. 2. All development proposed in this project which requires an environmental assessment is in substantial compliance with an approved Environmental Impact Statement (EIS) or Finding of No Significant Impact (FONSI). 3. All work included in the Plans and Specifications for this project is in substantial compliance with the approved Airport Layout Plan. 4. The Plans and Specifications for this project only include development set forth in the tentative allocation or FAA approved program change unless otherwise identified as non-AIP items. Date Si ature Ronald L. Peckham, P.E. Vice President June 28, 1993 Mr. Scott L. Harris Town Supervisor Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Elizabeth Field Airport -Fishers Island Runway 7-25 & 12-30 Overlay AIP Project No. 3-36-0029-08-93 NYSDOT Project No. 0913.08 File: 211.006 Dear Mr. Harris: .' �krlb Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 RECEIVED JUN 2 9 1993 Southold Town Clerk In accordance with the Airport and Airway Safety and Capacity Expansion Act of 1987, the Federal Aviation Administration (FAA) requires all Sponsors to certify to the best of their knowledge, information, and belief that the Plans and Specifications prepared for all projects are in substantial compliance with FAA standards and requirements. In order to allow the Town of Southold to make this certification, we provide you with a similar certification indicating to the best of our knowledge, information, and belief that the standards and requirements of the Federal Aviation Administration have been met. Accordingly, we enclose the following: • Certification of Plans and Specifications by Engineer. • Certification of Plans and Specifications by Sponsor. Please complete the Certification of Plans and Specifications by Sponsor and mail directly to: Mr. Philip Brito, Manager Federal Aviation Administration New York Airports District Office 181 South Franklin Avenue Room 305 Valley Stream, New York 11581 Mr. Scott L. Harris Page 2 June 28, 1993 In addition, please provide our office with a copy of the Sponsor's Certification for our records. Your prompt attention to this matter will be greatly appreciated. If you have any questions, please do not hesitate to contact our office. Very truly yours, C&S ENGINEERS, INC. /V. r3 -- Bruce W. Clark Project Engineer BWC:JAS:jmc Enclosure cc: Mr. Philip Knauff, Manager C68 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER �oc��FFO�K�oG� o OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 9, 1993 John A. Falotico Planning & Program Management Director New York State Department of Transportation Veterans Memorial Highway Hauppauge, New York 11788 Re: Elizabeth Field Airport Town Resolutions PINs 0913.05/0913.06/0913.07 Dear Mr. Falotico: Transmitted herewith are referenced aviation projects, your instructions. Thank you Enclosures Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 six (6) certified resolutions for the above - which have been revised in accordance with for your assistance in this matter. Very truly yours, Judith T. Terry Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 6, 1993, AT 7:30 P.M., AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK: The meeting was called to order by Supervisor Scott L. Harris, and upon roll being called, the following were present: Present: Supervisor Scott L. Harris Justice' Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie The following resolution was offered by Justice Edwards who moved its adoption, seconded by Councilman Wickham, WHEREAS, application for available Federal Funding to install new medium intensity runway lighting system on Runways 12-30 and 7-25; install rotating beacon and wind cone; install VASI and REILS on Runways 7, 25, 12 and 30; install electrical vault, at Elizabeth Field Airport, Fishers Island, New York, has been approved; and WHEREAS, the project has been deemed consistent with sound transportation development policy and planning concepts for New York State participation; and WHEREAS, the Federal share of the grant amounts to $459,720.00, the State share amounts to $38,310.00, the Local share amounts to $12,770.00, for a Total Project amount of $510,800.00; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Harris to execute the New York State Department of Transportation, Aviation Transportation, Infrastructure Renewal Project Grant Agreement, for financial assistance not to exceed $38,310.00 (State PIN No. 0913.05), and the SEQR Agency Compliance Statement for said project which is described as follows: Install new medium intensity runway lighting system on Runways 12-30 and 7-25; install rotating beacon and wind cone; install VAST and REILS on Runways 7, 25, 12 and 30; install electrical vault, at the Elizabeth Field Airport, Fishers Island, New York. Question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. The foregoing resolution amended Resolution No. 4, adopted on February 23, 1993, by including the Total Project Cost, Federal Share, State Share, Local Share. �h."" Southold Town Cler April 7, 1993 o��FFo�k�oGy JUDITH T. TERRY TOWN CLERK v T REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 6, 1993, AT 7:30 P.M., AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK: The meeting was called to order by Supervisor Scott L. Harris, and upon roll being called, the following were present: Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie The following resolution was offered by Justice Edwards who moved its adoption, seconded by Councilman Wickham, WHEREAS, application for available Federal Funding for Engineering Design for Runway 12-30 Overlay, has been approved; and WHEREAS, the project has been deemed consistent with sound transportation development policy and planning concepts for New York State participation; and WHEREAS, the Federal share of the grant amounts to $54,000.00, the State share amounts to $4,500.00, the Local share amounts to $1,500.00, for a Total Project amount of $60,000.00; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Harris to execute the New York State Department of Transportation, Aviation Transportation, Infrastructure Renewal Project Grant agreement, for financial assistance not to exceed $4,500.00 (State PIN No. 0913.06), and the SEQR Agency Compliance Statement for said project which is described as follows: Engineering Design for Runway 12-30 Overlay, at Elizabeth Field Airport, Fishers Island, New York. Question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. The foregoing resolution amended Resolution No. 5, adopted on February 23, 1993, by including the Total Project Cost, Federal Share, State Share, Local Share. �Judith-�7.��erry� Southold Town Clerk April 7, 1993 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 6, 1993, AT 7:30 P.M., AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK: The meeting was called to order by Supervisor Scott L. Harris, and upon roll being called, the following were present: Present: Supervisor Scott L. Harris Justice 'Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie The following resolution was offered by Justice Edwards who moved its adoption, seconded by Councilman Wickham: WHEREAS, application for available Federal Funding for Engineering Design for Runway 7-25 Overlay, has been approved; and WHEREAS, the project has been deemed consistent with sound transportation development policy and planning concepts for New York State participation; and WHEREAS, the Federal share for the grant amounts to $45,900.00, the State share amounts to $2,550.00, the Local share amounts to $2,550.00, for a Total Project amount of $51,000.00; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Harris to execute the New York State Department of Transportation, Aviation Transportation, Infrastructure Renewal Project Grant agreement, for financial assistance not to exceed $2,550.00 (State PIN No. 0913.07), and the SEQR Agency Compliance Statement for said project which is described as follows: Engineering Design for Runway 7-25 Overlay, at Elizabeth Field Airport, Fishers Island, New York. The foregoing resolution amended Resolution No. 6, adopted on February 23, 1993, by including the Total Project Cost, Federal Share, State Share, Local Share. �Judith�erry Southold Town Clerk April 7, 1993 r 70 ` Engineefs.Inc. FA,X TRA-?VSM=AL (Aral Cover Sheet) FAX#: Ze� S--- feO-:5 A27 MON: 411 LrVER OO,T NEW YORK 13088 TELEPI1ON9: PITS) 433.7981 BUFFALA NEW YORK 14123 TELEPROI`1E: (315) 457--6711 F.�X: p15) iiS44213 '2"BLEPHONL': (716) 847.1630 FAX: (315) 4327--99803 FAX: {714} 847--1454 • December 9, 1992 Mr. R. Philip Knauff Manager Fisher's Island Ferry District P.O. Box H Fisher's Island, New York 06390 Re: Fishers IslMd-Elizabeth ]Field File: 211 Dear Mr. Knauff. We are writ nl5 today to alert you mzt 1%1Z6W York Slate mat:.hing g -ant o vers tvr FY 92 proj--cts are expecte~i.to be maileu to your m nicirality before January 1, 1993. The grant will need to be accepted and r- ed to th ; State Department of T:arspoi tation with copies of a resolution autho. izinb acceptance. I'tie S(ate has recently nutifwJ us t —, historically; many of the resolt:tions which are be;ng returned with .s g eci.grants are P.7t accertahle ti- 04 NN'SDLT Comptroller's Orti:e. ,0-. s;our conve mienca we h1 ve enciosed a copy of the Ietter written by the stat: outlining the details which they wish to see in each resolution. We have also provided a sarnple resolution for each of the state grants you should be receiving'. You will that. some information is stili missing, and will nand to be compivted by the municipality. - Also, I reconmiend :khat you compare the state grant amount stated in the sample to the a crual grant do;;uments. We have not. fulled in &ie project description for you because the state has requ steel that the description be copied exactly as written in thu grant documents. We are hopinz. eh at tj-ie e-ndlosed tnformatir,,) will Delp elirninite Borne of ti;e problems which delay state grant funds. If you have any questions or need ad itionni lnfortpation, please feel €ree to contact us at (315) 455-7/9-01. S MF: eb Enclosures cc: Mr. Soctt L. Ha"t-is Very Truly yours, CALOCERINOS & SPINA ENGINEERS, P,C. Sheila M. Farley Grants Administrator • At a regular melting of the Fish --s Is'_=d Ferry District of the Town of Solithold, Suffolk County, New York, held at :ha ___(building), in Southold, Nyw York, on Lhe , day. of (month), .� (year), iYelock E.M. The meeting was called to order h; -- -- _ (Fide & Name), and upon roll Cueing called, the following, were PRESE;v"T: The following resolution was offered by _ who (Title & Name) moved, its adoption seconded by (Title & Narne) WHEREAS application for availabla -Federal funding for the (°reject Description) at the -has been apprw,ed, and V,IiEREAS the project has been Lem , -d consistent with sound transportation deveiepment policy and planning concepts for New Yurk: State participation. WHEREAS - the federal shL�e of the grant amounts to $459,720, the State shOze amounts to $38,310, the local share =.punts to S12,7701 for a total amount of $510,800. THEREFORE BE IT RESOLVED that the T own of Southold ent?r into an Agreement with New York State Department of Trana-po Cation for financial assistance, not to exceed 138,310, State FIN No. 0913.05, for the k(Projeci Description) at the Elizabeth Field Airport, and ' BE IT FUR T HE'k RESOLVED th t the Town Supervisor be authorized to execute documents on behalf of the Town of Southold. Question's of -&,,e adoption of the foregoing resolution was duly put to a vote on roll call, %which resulted as follows: Affix Stamp or Seal Voting (Aye or Nay) At a regular rnw;:t;ng of tha Fishers Tslaad ,Ferry District of the „ewlt of aoathold, Suf;ollk County, New York, held at the _ (building), in Southold, New Yor; , cn :hP — day (tnonai), (Year), o'clock P.M. The meeting °was called W order by Crkie fir. Name), and upon roll toeing calipd, thl e follownig were PRESENT: The following resolutior was offered by who (Title & Nama) moved, its adoption seconded by _ (Title & Name) WIiER AS application for available Peder i funding for the - -- - - (Project Description) at the has been appro,/ed, and WHEREAS r -he project has been deemed comistent with sound transportation development policy and planning concerts for Naw York. St to participation. WHEREAS the iederal share sof the grant an±ounts to $54,0000 the State,hare amounts to $4,500, the local share amounts to $1,500 for a total amount of $60,000. '11HEREp'O,s.F.., BE 1T RESOLVED that the Town of Southold enter into an ?agreement with New York State Dep :rtment of Transportation for fir 3ncial assistance, not to exceed $4,500, State PIN No. 0913.06, for the (Project.Description) at she Elizabeth Field Airport, and RE 1T FU:tTI�dR 1USOLVEl -fat the Town Snpe:Nisor be authorized to execut: documents on behalf of the Town of Southold. Questions of the acloptioa of the foregoing r,.solution was duly put to a vote on roll call, which resulted as follows: Voting (Aye or Nay) Affix Stamp or Seal At a regular n o ting of LLe ?^15i+ers Island Ferry Di.si.6:t of the Town of Southold, Suf elk County, 'New Mork., held at the (building), in Southold, New York:, on the _ dh-y of Onorth), -- (year), _ o'clock P,M. The meeting was called to Winder by and upon roll being called, :he following were PFXSENT: (Title & Name), Ile €ollowiag resolution was offered by who (Title & Name) moved, its adoption seconded by (Title & Name) WHEREAS ;application for available federal funding for the Troj.-ct Description) at the -has been approved, and W 14RR AS the pro;crt has been deatned consistert with sound t.ansportatior. development policy and planning concepts for New Yore: Stale participation. WHER rA 4 Lyle federal share of lir Jgrr= amounts :o $45,900, the.Statee share amoants to $2,1550, the local share amounts to 52,550 for a total amourt of $51,GO0. THIEREFO2E. RE IT fiESO" VED that. the Town of Southold enter into an Agreement with New York State Depar,n:Lnt o: for financial assistance, not to exceed $2,550, State PIN No. 0913.07, for the (Pr^ ect Description) at Lhe Fli abeth Field Airport, and BE IT FURTHER RESOLVED that tt:e Town Supen icor be authori7ad to execute documents on behalf of the Tov.,n of Southold. Questions of the adoption of the fbregolnng resolution was duly rut to a vote on roil call, which resulted as follows: Af:uc Stamp or Seal Voting (Aye or Nay) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516)765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 6, 1993: RESOLVED that the Town Board of the Town of Southold hereby amends their resolutions no. 4, 5, and 6, adopted on February 23, 1993, authorizing the Supervisor to execute SEQR Agency Compliance Statements and Infrastructure Renewal Grant Agreements (Studies) to the New York State Department of Transportation, Aviation Transportation, for the following projects with respect to Elizabeth Field Airport, Fishers Island, New York: Project no. 0913.5, Install new medium intensity runway lighting system on Runways 12-30 and 7-25; install rotating beacon and wind cone; install VASI and REILS on Runways 7, 25, 12 and 30; install electrical vault; Project No. 0913.06, Engineering Design for Runway 12- 30 Overlay; Project No. 0913.07, Engineering Design for Runway 7-25 Overlay; said amendments in accordance with the request of the New York State Department of Transportation . to reflect the following four financial figures pertaining to the grant: Total Project Cost, Federal Share, State Share, Local Share. XJudith T. Terry Southold Town Clerk April 7, 1993 s ` exce�sioa STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 JAMES A. KLIZLOSKI REGIONAL DIRECTOR April 1, 1993 Honorable Scott L. Harris Supervisor, Town of Southold P. O. Box 1179 Southold, NY 11971 Dear Mr. Harris: FRANKLIN E. WHITE COMMISSIONER Elizabeth Field Airport Town Resolutions PINS 091305/091306/091307 The required Town Resolutions for the above -referenced aviation projects are being returned for revisions. All Town Resolutions for State Grants must reflect the following four financial figures pertaining to the grant: Total Project Cost, Federal Share, State Share, Local Share. The Total Project Cost and the State Share must correspond to the State Grant. Please make the necessary additions to the enclosed resolutions and return them to our office for further processing. Very truly yours, JOHN A. FALOTICO Planning & Program Management Director Enc. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will, when the land is no longer needed for such purposes, dispose of such land at fair market value at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development (other than noise compatibility) purposes, it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no such eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zone) or serves as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-sufficiency of the a:rp.rt. Further, land purchased with a grant received by an airport operator 1/22/91 Page 13 or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or the Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the use of such land, did not object to such use, and the land continues to be used for that purpose, such use having comcenced not later than December 15, 1989. (c) Disposition of such land under (a) or. (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub- contract for program 'management, construction management, planning studies, feasibility studies, architectural surveying, mapping, or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the 'Current FAA Advisory Circulars for AIP Projects,• dated 2/26/92__ and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subparts D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement comparable replacement dwellings to dl ---laced persons in accordance with Subpart E of 49 CFR Part 24. 36. Drug -Free Workplace. It will provide a drug-free workplace at the site of work specified in the -grant application, in accordance with 49 CFR Part 29 by (1) publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the sponsor's workplzce and specifying the actions that will be taken against its employees for violation of such prohibition; (2) establishing a drug -tree awareness program to inform its employees about the dangers of drug 1/22/91 Page 14 abuse in the workplace and any available drug counseling, rehabilitation, and employees assistance programs; (3) notifying the FAA within ten days after receiving notice of an employee criminal drug statute conviction for a violation occurring in the workplace; and (4) making a good faith effort to maintain a drug-free workplace. l� 1/'_'_/91 Page 15 CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS EfTective Date: 2-26-92 NUMBER � i Y Obstruction Marking and Lighting � f Architectural, Engineering, and Planning Consultant Services for Airport Grant CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS EfTective Date: 2-26-92 NUMBER SUBJECT 70(7460-1H Obstruction Marking and Lighting CHG 1 150/5100-148 Architectural, Engineering, and Planning Consultant Services for Airport Grant CHG 1 Projects 150/5200-30A Airport Winter Safety and Operations 150/5210.58 Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-78 Aircraft Fre and Rescue Communications 150/5210-14 Airport Fire and Rescue Personnel Protective Clothing 15015210-15 Airport Rescue d Firefighting Station Building Design 15015220-4A Water Supply Systems for Aircraft Fre and Rescue Protection 15,06220-10A Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220-11 Airport Snowblower Specification Guide 150/5220-12 Airport Snowsweeper Specification Guide 15015220-138 Runway Surface Condition Sensor Specification Guide 150/5220-14A Airport Fre and Rescue Vehicle Specification Guide 150/5220--115 Buildings br Storage and Maintenance of Airport Snow Removal and foe Control Equipment A Guide 150/5220-16 Automated Weather Observing Systems for Non-Federaf Applications 150/5220-17A Design Standards for Aircraft Rescue Fre-fighting Training Facilities 150)5300-13 Airport Design CHG 1 a 2 150/5320-68 Airport Drainage 150/5320 -GC Airport Pavement Design and Evaluation CHG 1 a 2 150/5320-12B Measurement, Constructon, end Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes 15CY5325-4A Rur" Length Requirements for Airport Design CHG 1 150/5340-1F Marking of Paved Areas on Airports CHG i 150/5344-4C Installation Details br Runway Centerfine Touchdown Zone Lighting Systems CHG 1 6 2 150/53408 Segmented Cirde Airport Marker System, CHG 1 150/5340-148 Economy Approach Lighting Aids CHG; 1a2 150/5340-178 Standby Power for Non -FAA Airport Ughting Systems 150/5340-ISC Standards for Airport Sign Systems CHG 1 150/5340-19 Taxiway Centerline Ughting System 150/5344-21 Airport Miscellaneous Ughting Visual Aids 150/5340-238 Supplemental Wind Cones 150/5340-24 Runway and Taxiway Edge Ughting System CHG 1 150/S340 -27A Air -to -Ground Radio Control of Airport Ughting Systems 150/5345.30 Specification for L-821 Panels for Remote Control of Airport Lighting 1505345-5A Circuit Sele, x Switch 150/5345-7D Stion for L-924 Underground Electrical Cable for Airport Lighting Circuits CHG t 150/5345-10E Spe.<--iicabon for Constant Current Regulators Regulator MOnik s 150/5345-12C k+ A+ -port a. -d Hefrpon Beacon CUIMEN-r FAA ADVISORY CIRCULARS FOR AIP PROJECTS (continued) Effecti%e Date: 2-26-92 NUMBER SUBJECT 15015345-13A * 150/5345-430 Y 150/5345-266 Specification for L-823 Plug and Receptade, Cable Connectors � Lightweight Approach light Structure *4 Specificadon for Wind Cone Assemblies 150/5345-280 Precision Approach Path Indicator (PAP1) Systems CHG 1 Specification L-854, Radio Control Equipment 150/5345-398 FAA Specification L-8.53, Runway and Taxiway Centerfine Retroreftective Marfcers CHG 1 15015345-42C Specification for Airport Light Bases, Transformer Housings, Junction Boxes and CUIMEN-r FAA ADVISORY CIRCULARS FOR AIP PROJECTS (continued) Effecti%e Date: 2-26-92 NUMBER SUBJECT 15015345-13A Specification for L--841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport 150/5345-430 Lighting Circuits 150/5345-266 Specification for L-823 Plug and Receptade, Cable Connectors CHG 1b2 Lightweight Approach light Structure 150/5345-•,27C Specificadon for Wind Cone Assemblies 150/5345-280 Precision Approach Path Indicator (PAP1) Systems CHG 1 Specification L-854, Radio Control Equipment 150/5345-398 FAA Specification L-8.53, Runway and Taxiway Centerfine Retroreftective Marfcers CHG 1 15015345-42C Specification for Airport Light Bases, Transformer Housings, Junction Boxes and CHG 1 Acoessories CNG 1 150/5345-430 Specification for Obstruction Lighting Equipment 150/5345-44E Specification for Taxiway and Runway Signs 150/5345-d5A Lightweight Approach light Structure 15015345-46A Specification for Runway and Taxiway Light Fixtures 150/5345-47A Isolation Trarsfortners for Airport Lighting Systems 150/5345-49A Specification L-854, Radio Control Equipment 150/5345-60 Specification for Portable Runway Lights CHG 1 150/53451 Specification for Osdoarge-Type Basher Equipment CHG 1 150/5345-.62 Generic V•tsual GLdeskVe Indicators (GVGQ 150/5360-9 Planning and Design of Airport Terminal Facilities at Non -Nub Locations 15015360•-12 Airport Signing d Graphics 150/5360-13 Planning and Design Com:Inca for Airport Terminal FaaTities 150/5370.2C Operational Safety on Airports During Construction t saS370-68 Construction Progress and tnspecton R#,port-Airport Grant Program 150/5370-IOA Standards for• Specifying Construction of Airports CHG 1, 2.3 150/5370—it Use of Nondeastrwtive TestiN Devices in the Evaluation of Airport Pavements CHG 1 150/5370-12 Ouality Control of Construction for Airport Grant Projects 150/5390-2 Heliport Design 150/5390-3 Vertiport Design AIRPORT AND AIRWAY SAFETY. CAPACITY. NOISE IMPROVEMENT. AND INTERMODAL TRANSPORTATION ACT OF 1992 Amended Assurances for Airport Sponsors Section 113(x) of the 1992 Act amended Section 511(a) (11) of the AAIA to require that an airport sponsor assure that a report of the airport budget is available to the public at reasonable times and places. Section 113(b) of the 1992 Act amended Section 30)(b) (6) (A) of the AAIA to require the sponsor of a project for airport development to certify that the airport management board either has voting representation from the communities where the project is located or has advised the communities that they have a right to petition the Secretary concerning a proposed project. These provisions require changes to Assurance 26 (Reports and Inspections) and Assurance 9 (Public Hearings), respectively, of the Airport Sponsor Assurances. Consequently, those assurances have been rewritten to incorporate the new provisions. A copy of the revised assurances is attached. Washington Airports District Office January 28, 1993 I ETISTM ?,PRAY PROTECT OL ZOE LMO PLO&V Dl& GW 1 i / 4 111 � 9_nQ Y CARS \L\ r� j j C SILVER EEL COVE /EOL[STP:AM Ar FISHERS ISLAND / Ye...s DPIVE ,5--1 C5 0 mo cow 94Ofj °94OLD /I J DISPLA= BLOCK ISLAND APROI. sA02 �. Y Ir a� 4 40� `� �%•�/ CaSTDC RMAY PROTECTION Ls : k --l] LEGEND PAYED ROU DIRT RGA w 7:'C COAST LII( —N-- PROPERTY LNE WA7 60LFCART NOTES: © NEW YORK STATE PLANE COORDINATE VALUES 212 GRID IS BASED ON NEW YORK STATE PLANE COORDINATE SYSTEM. LONG ISLAND ZONE © AREA. = 195 ACRES (TITLE IN FEE) LAND ACQUISITION TABLE ►AR'.FI ACDUISIRON DEED nmiK r0. GRWOR I DATE REfEAENC£ : ' SOLW.E 1 LACTm SIATIl i X0.1:. I «lass sN/lss RA Rm-STYE siw 4 �X X11 P, k7- 7. T R"VISIONS NORTH EAST [Byj r— Y x ARP (ULTIMATE) 380143.025 2541229.66 RW 12 END PAV'T. 380262.534 2539742.680 RW 30 ENO PAV'T. 379794.076 2542512.384 RW 07 END PAV'T. 379618.274 2540199.670 RW 25 END PAV'T. 380653.373 2541990.057 212 GRID IS BASED ON NEW YORK STATE PLANE COORDINATE SYSTEM. LONG ISLAND ZONE © AREA. = 195 ACRES (TITLE IN FEE) LAND ACQUISITION TABLE ►AR'.FI ACDUISIRON DEED nmiK r0. GRWOR I DATE REfEAENC£ : ' SOLW.E 1 LACTm SIATIl i X0.1:. I «lass sN/lss RA Rm-STYE siw 4 �X X11 P, k7- 7. T R"VISIONS TOWN DE SouTHCCO EISME.=.S JS.ANQ-;R YCIRK ELIZABETH FIELD AIRPORT i UAiE•-a.NCE [Byj r— _ - AIRPORT PROPERTY MAP OESICNE^:H DRAM: CT CMCE ECAEO: CE DATE: FE5R�IRY , 9G Sr1EE' I PRC.EC FI ~0.:21--00). ICA-: ":LE ,-:3 C2bcenncs S Spina C— .r-� EIV— PC: — T JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER F CIL 1 c� rn OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 23, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute the SEQR Agency Compliance Statement for the New York State Department of Transportation, Aviation Transportation, Infrastructure Renewal Project Grant Agreement (Study), Project No. 0913.07, as follows: Engineering Design for Runway 7-25 Overlay, at Elizabeth Field Airport, Fishers Island, New York; and be it FURTHER RESOLVED that Supervisor Harris be authorized and directed to execute the New York State Department of Transportation, Aviation Transportation, Infrastructure Renewal Project Grant Agreement (Study) (Project No. 0913.07), for Engineering Design for Runway 7-25 Overlay, at Elizabeth Field Airport, Fishers Island, New York, all in accordance with the approval of the Town Attorney. Judit�h. `�ry Southold town Clerk v February 24, 1993 DV -21-R1 (11/85) Agency Compliance Statement State Environmental Ouality Review In accordance with the rules, regulations and procedures adopted by TOWN OF SOUTHOLD (Name of Municipal Corporation) (or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules, regulations and procedures) pursuant to the intent of the State Environmental Quality Review Act, the project described below is classified as a: SHED 4NE L] Type I Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). [ I Type I Action - with no significant effect (EnvirorIInental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed) . L Unlisted Action - with possible significant effect (NEPA or SEAR DEIS, FEIS and SEQR Record of Decision have been prepared). L Unlisted Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). [X] Type II Action U Ministerial Act L] Exempt Act Rrolect Description ENGINEERING DESIGN FOR RUNWAY 7-25 OVERLAY AT THE ELIZABETH FIELD AIRPORT. Applicant Signature Scott Louis Harris Supervisor, Town of Southold Title February 23, 1993 Date DV -21-R1 (11/85) Agency Compliance Statement State Environmental Quality Review In accordance with the rules, regulations and procedures adopted by TOWN OF SOUTHOLD (Name of Municipal Corporation) (or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules, regulations and procedures) pursuant to the intent of the State Environmental Quality Review Act, the project described below is classified as a: Ll Type I Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). [ I Type I Action - with no significant effect (Envirornmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed) . [_] Unlisted Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). [_] Unlisted Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). LX] Type II Action [_J Ministerial Act [_] Exempt Act INSTALL ELECTRICAL VAULT AT THE ELIZABETH FIELD AIRPORT. Applicant Signature Scott Louis Harris Supervisor, Town of Southold Title February 23, 1993 Date 1 � t NEW YORK STATE DEPARTMENT OF TRANSPORTATION AVIATION TRANSPORTATION INFRASTRUCTURE RENEWAL PROJECT GRANT AGREEMENT (CAPITAL) Project No. Contract No. 0913.05 This Agreement made this lst day of October , 19 91 by and between the people of the State of New York, (hereinafter referred to as the "State") acting by and through its Commissioner of Transportation (hereinafter referred to as the "Commissioner"), whose office is in the Administration and Engineering Building, 1220 Washington Avenue, Governor Harriman State Campus, City and County of Albany, New York, and the Town of Southold with offices at Southold, New York (hereinafter referred to as the "Grantee"). WHEREAS, Section 14-h of the Transportation Law, and Article 17 of the Transportation Law known as the Implementation of the Rebuild New York Through Transportation Infrastructure Renewal Bond Act of 1983, authorizes the Commissioner to provide for the accomplishment of Municipal Transportation Infrastruc- ture Renewal Project pursuant to an agreement with a Grantee and WHEREAS, the Grantee has made application to the Commissioner for State aid for the accomplishment of a Transportation Infrastructure Project, (hereinafter referred to as the "Project"), which Project is described in Article 3 below, and WHEREAS, the Grantee has applied for and secured available Federal Assistance for the Project, with the approval of the Commissioner, and WHEREAS, the Project has been approved by the Commissioner and found to be consistent with sound transportation development policy and planning concepts and eligible for State participation, and Now, therefore, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: Article 1. Purpose of Agreement — The purpose of this Agreement is to provide for the undertaking of an Airport Transportation Infrastructure Renewal Project (herein called the "Project"), with State financial assistance to the Grantee in the form of a capital grant (herein called the "Grant") pursuant to the Rebuild New York Through Transportation Infrastructure Bond Act of 1983 and to state the terms and conditions upon which such assistance will be provided and the mutual understandings and agreements of the parties as to the manner in which the Project will be undertaken and completed and the Project facilities and equipment will be used. Article 2. Documents Forming the Agreement — The agreement shall consist of this document and the following attachments which are hereby made a part of this Agreement as if set forth fully herein: Addendum No. 1, Schedule I, and Appendix A. Article 3. The Project — The Grantee agrees to undertake and complete the Project and to provide for the use of Project facilities, substantially as described in its application heretofore filed with and approved by the Commissioner, a copy of which is hereby made part of this Agreement by reference, and in accordance with the Request for Aid, made to the Federal Aviation Administration, a copy of which is hereby made part of this Agreement by reference, and in accordance with the terms and conditions of this Agreement. The Project is described as follows. INSTALL NEW MEDIUM INTENSITY RUNWAY LIGHTING SYSTEM ON RUNWAYS 12-30 AND 7-25; INSTALL ROTATING BEACON AND WIND CONE; INSTALL VASI AND REILS ON RUNWAYS 7, 25, 12 AND 30; INSTALL ELECTRICAL VAULT AT THE ELIZABETH FIELD AIRPORT. This work is more particularly described and detailed in the plans, specifications and schedules approved or to be approved by the Commissioner. DV4-Ic (1/89) Article 4. The Grant — The Commissioner hereby determines that the estin,sted reasonable cos this Project is $ 510,800 . Subject to the Grantee compliance with the terms and conditions of this Agreement, the Commissioner agrees to pay the Grantee, as hereinafter provided, not more than $ 38,310 or 75070 of the non -Federal share of the project cost whichever is less. The Grantee agrees to apply for additional Federal assistance which may become available for the Project, subject to such conditions as the Commissioner may require in order to maximize the amounts of Federal assistance received or to be received for all projects in the State of New York. In the event that Federal assistance which was not included in the foregoing calculation of the State payment becomes available to the Grantee, the amount of State payment shall be recalculated with the inclusion of such additional Federal assistance and the Grantee shall either (a) pay to the State the amount by which the State payment actually made exceeds the State payment determined by the recalculation or (b) if such additional Federal assistance has not been received by the Grantee, authorize the State to receive Such amount from the Federal government and to retain an appropriate amount thereof. The Grantee shall pr 3-. ide for the payment of the remainder ^f the actual total cost of the Project. Article 5. Commencement of Work and Use and Sale of Project Facilities — The Grantee agrees to undertake and proceed with the project within 6 months of the date of this agreement and to compiet: the project in accordance with the schedules and specifidations .as approved by the Commissioner, and in accor- dance with the completion date prescribed by the Legislature. On completion of the Project, the Gra: ce shall commence and continue operation and maintenance of the Project at its own cost and shall not discontinue operation, or dispose of the Project, witnut the approval of the Commissioner, for the period of time corresponding to the period of useful life for the project as determined by reference to Section 61 of the State Finance Law. No part of any Project or Project facility shall be sold, rendered unusable, or otherwise relinquished without obtaining prior written approval of the Commissioner and State Comptroller. If any Project parts or facilities are so sold, other than for their replacement in such service with like facilities or equipment, the State share of the proceeds of such a sale will be returned to the State Comptroller for deposit in the General Fund. The Grantee will operate the airport as. such for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the Grantee specifically agrees that it will keep the airport open to all types, kinds, and classes of aeronautical use without discrimination between such types, kinds, a7A classes: Provided, that the Grantee may establish such fair, equal and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport; and provided further that the Grantee r^:iy prohibit or limit any given type, kind, or class aeronautical use of the airport if such action is necessary for ti -ie safe operation of the airport or necessary to serve the civil aviation needs of the public. The Grantee will not grant or permit any exclusive right for the use of the airport, and will otherwise comply with all applicable laws. In furtherance or this covenant (but without limiting its general applicability and effect), the Grantee specifically agrees that, unless authorized by the Commissioner, it will not, either directly or indirectly, grans or permit any person, firm, or corporation the exclusive right for the conduct of any aeronautical activities on the airport, including but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity. The Grantee agrees that it will operate the airport for the use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of this covenant (but without limiting its gene; applicability and effect, the C-antee specifically covenants aria agrees: a. That in its operation and the operation of all facilities on the airport, neither it not any person or organization occupying space or facilities thereon will discriminate against any person or class of persons by reason of race, creed, sex, color, or national origin in the use of any facilities provided for the public on the airport. b. That in any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to render to the public any service (including the furnishing or sale of any aeronautical parts, materials, or supplies) essential to the operation of aircraft at the airport, the Grantee will insert and enforce provisions requiring the contractor: (1) to furnish said service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) To charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. That it will not exercise or grant any right or privilege which would operate to prevent any person, firm, or corporation operatinf .aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance and repair) that it may choose to perform. DV4-2c (1/89) d. In the event the Grantee itself exercises any of the rights and privileges referred to in subsection b, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaries of the Grantee under the provisions of such subsection b. Nothing contained herein shall be construed to prohibit the granting or exercise of any exclusive right for the furnishing of nonaviation products and supplies or any service of a nonaeronautical nature or to obligate the Grantee to furnish any particular nonaeronautical service at the Airport. The Grantee will operate and maintain in a safe and serviceable condition the airport and all facilities thereon and connected therewith which are necessary to service the aeronautical users of the airport other than facilities owned or controlled by the United States, and will not permit any activity thereon which would interfere with its use for airport purposes. Provided, that nothing contained herein shall be construed to require that the airport be operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions which would interfere with such operation and maintenance, and provided further, that nothing herein shall be construed as requiring the maintenance, repair, restoration or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Grantee. Insofar as it is within its power and reasonable possible, the Grantee will, either by the acquisition and retention of the easements or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards applicable according to the currently approved airport layout plan. In addition, the Grantee will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the airport, in any portion of a runway approach area in which the Grantee has acquired, or may hereafter acquire, property interests permitting it to so control the use made of the surface of the land. All facilities of the airport developed with State aid and all those usable for the landing and taking off of aircraft, will be available to State Aircraft at all times, without charge. The Grantee shall submit to the Commissioner, at such time as he may require, such financial statements, operating information and other data as may be deemed necessary by the Commissioner to assure compliance with this Article and to prepare his annual report on the scope and results of the Project. The airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, and other instruments, will be made available for inspection by any duly authorized representative of the Commissioner upon reasonable request. The Grantee will furnish to the Commission upon request, a true copy of any such document. The Grantee will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency found by the Commissioner to be eligible to assume such obligations and having the power, authority, and financial resources to carry out all such obliga- tions. If an arrangement is made for management or operation of the airport by any agency or person other than the Grantee or an employee of the Grantee, the Grantee will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with these covenants. The Grantee will keep up-to-date at all times an airport layout plan of the airport showing (1) the boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Grantee for airport purposes, and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads) including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan, and each amendment, revision or modification thereof, shall be subject to the approval of the Commissioner which approval shall be evidenced by the signature of a duly authorized representative of the Commissioner on the face of the layout plan. The Grantee will not make or permit the making of any changes or alterations in the airport or any of its facilities other than in conformity with the airport layout plan as so approved by the Commissioner if such changes or alterations might affect the safety, utility, or efficiency of the airport. Insofar as is within its power and to the extent reasonable, the Grantee will take action to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations including landing and takeoff of aircraft. Article 6. Accomplishments of the Project — a. Pursuant to Federal, State and Local Law. In the event that any election, referendum, approval, permit, notice, or other proceedings or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume, or carry out any of the provisions of this Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. DV4-3b (1/89) b. Funds c: the Grantee. The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide it share of actual total cost of the Project, as provided in Article 4 of this Agreement, or on prior to the time that such funds are needed to meet Project cost. c. Submission of Proceedings, Contract and Other Documents. The Grantee shall submit to the Commissioner and the State Comptroller such data, reports, records, contract and other documents relating to the Project as the Commissioner and the State Comptroller may require. Article 7. The Project Budget. A Project budget shall be prepared and maintained by the Grantee. The Grantee shall carry out the Project and shall incur obligations only in conformity with the latest approved Project budget, and within the "Estimated Total Cost" of the Project. Article 8. Accounting Records — a. Establishment and Maintenance of Accounting Record. The Grantee shall establish and maintain for the Project, in accordance with requirements established by the Commissioner and approved by the State Comptroller, separate accounts within its existing accounting system or set up independently, to be known as the project account. The Grantee shall segregate and group project costs so that it can furnish on due notice, cost information in the following cost classifications: (1) Purchase price or value of land (2) Incidental costs of land acquisition (3) Costs of contract construction (4) Costs of force account construction (5) Engineering costs of plans and designs (6) Engineering costs of supervision and inspection (7) Other administrative costs b. Funds Received or Made Available for the Project. The Grantee shall record in the project account, as.they are received all grant payments received from the Federal Government on account of the Project. The Grantee shall record in the project account.such funds as it may allocate for payment of its share of the actual cost of the project. The Grantee shall advise the Commissioner monthly in writing of the amounts recorded in the project account or at such times as the Commissioner may prescribe. The- Commissioner or the State Comptroller may audit the project account at such time as the Commissioner or the State Comptroller may require. c. Costs Incurred for the Project. The Grantee shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Commissioner and the Legislature shall not be considered eligible costs. In specific cases where it is impractical to determine precise costs of certain indirect or service functions, eligible costs will include such allowances for these costs as may be approved by the Commissioner and the Comptroller. Such approval will be based upon an audit determination that the amounts reimbursed will not exceed actual cost. Project costs consist of any costs involved in accomplishing a project including those of: (1) Making field surveys; (2) Preparing plans and specifications; (3) Accomplishing or procuring the accomplishing of the work; (4) Supervising and inspecting construction work; (5) Acquiring land or an interest therein, or any easement through or other interest in airspace: and (6) Administrative and other incidental costs incurred, specifically in connection with accomplishing a project, and that would not have otherwise been incurred. The costs described in this section, including the value of ]land, labor, materials and equipment donated or loaned to the Grantee and appropriated to the project by the Grantee, are eligible for consideration as to their allowability, except for: (1) That part of the cost of acquiring an existing private airport that represents the cost of acquiring passenger automobile parking facilities and buildings to be used as hangars; (2) The cost of materials and supplies owned by the Grantee or furnished from a source of supply owned by the Grantee if: (i) Those materials and supplies were used for airport development before the grant agreement was executed; or DV4-4b (1/89) (ii) Those cost is not supported by proper evidence of quantity and value: (3) The cost of nonexpendable machinery, tools, or equipment owned by the Grantee and used under a project by the Grantee's force account, except to the extent of the fair rental value of that machinery, tools, or equipment for the period it is used on the project; (4) The value of any land, including improvements, donated to the sponsor by another public agency; and (S) Any costs incurred in connection with raising funds by the Grantee, including interest and premium charges and administrative expenses involved in conducting bond elections and in the sale of bonds. To be an allowable project cost, for the purposes of computing the amount of a grant, an item that is paid or incurred must, in the opinion of the Commissioner - (1) Have been necessary to accomplish airport development in conformity with the approved plans and specifications for an approved project and with the terms of the grant agreement for the project; (2) Be reasonable in amount; (3) Have been incurred after the effective date of the Grant Agreement, except for those costs incurred to apply for Federal funds; prepare project engineering reports, plans and specifications; to identify, describe and determine value of land acquisition required for the project such as surveys, title searches and abstracts, appraisals and legal fees and to acquire real property. (4) Be supported by satisfactory evidence. d. Documentation of Project Costs: All costs charged to the project account including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges, in accor- dance with the rules and regulations of the Commissioner as approved by the State Comptroller. e. Checks, Orders and Vouchers. Any check or order drawn by the Grantee with respect to any items which is or will be c)largeable against the project account will be drawn only in accordance with a properly signed vouchers then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. f. Reports. The Grantee shall prepare an interim report at the end of its fiscal year accounting for the expenditures of the funds of the State, the Grantee, any Federal agency, and any other source with respect to the project. g. Retention of Records. The Grantee shall retain all required records for at least 3 years following the receipt of final payment. In the event that any litigation claim, or audit is started before the expiration of the three year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved but in no event less than three years. Article 9. Requisitions and Payments a. Interim progress payments shall be made upon request by the Grantee to the Commissioner under the following conditions: (1) Such requests for reimbursement of the State's share of authorized project costs shall be made on a regular periodic basis, but no more frequently than once each month. (2) Such request vouchers shall be in a summary form and the documents supporting such costs incurred by the Grantee shall be maintained in a secure manner by the Grantee at its headquarters or at such other place as shall be readily accessible to the Commissioner and the State Comptroller for purposes of auditing project costs and expenditures. All such accounting records shall be retained by the Grantee until six years after completion of the State Comptroller's final audit report which will be rendered after the satisfactory completion of all physical work, the acquisition of real property and/or the fur- nishing of goods or services as provided by this agreement. b. Subject to the other provisions hereof, requisitions for payments will be honored by the Commissioner except that the State may elect by notice in writing to withhold any payment if: DV4-5b (1/89) (1) Misrepresentation. The Grantee shall have made any misrepresentation of a material nature in its Application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; (2) Litigation. There is then pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or payments to the Project; (3) Concurrence by State. The Grantee shall have taken any action pertaining to the Project which under the established procedures requires the prior approval of the Commissioner or shall have made related expenditures or incurred related obligations without the approval of the Commissioner; (4) Conflict of Interests. There has been in connection with the Project any violation of the conflict of interest rule, regulation, ordinance or statute applicable to the Grantee, its officers, members, or employees, or (5) Default. The Grantee shall be in default under any of the provisions of this Agreement. c. Disallowed Costs. In determining the amount of a payment, the Commissioner shall exclude all project costs incurred by the Grantee prior to the effective date of this agreement, except for those allowable costs as defined in Article 8(c) of this agreement. d. No interim payment will be made in an amount that would bring the aggregate amount of all partial payments for the project to more than 95 percent of the estimated State's share of the total estimated cost or the maximum obligation of the State as stated in Article 4, whichever amount is the lower. In determining the amount of a partial grant payment, those project costs that the Commissioner considers to be of ques- tionable allowability are deducted both from the amount of project costs incurred and from the amount of the estimated total project cost. e. Whenever certain development on a project is delayed or suspended for an appreciable period of time for reasons beyond the Grantee's control and the allowability of the project costs of all development completed has been determined on the basis of an audit and review of all costs, a semi-final grant payment may be made in an amount large enough to bring the aggregate amount of all partial grant payments for the project to the State's share of all allowable project costs incurred, even if the amount is more than 95 percent limitation. However, it may not be more than the maximum obligation of the State as stated in Article 4. f. Whenever the project is completed in accordance with the grant agreement, the Grantee may apply for final payment. The final payment is made to the Grantee if: (1) A final inspection of all work has been made jointly by the representatives of the Grantee and the contractor and the Commissioner unless the Commissioner agrees to a different procedure for final inspection. (2) A final audit of the project account has been completed by the Commissioner or the State Comptroller. (3) The Grantee has furnished final "as constructed "plans, unless otherwise agreed to by the Commissioner. g. Based upon the final inspection, the final audit, the plans, and the documents and supporting informa- tion, the Commissioner determines the total amount of the allowabl: project costs and the State Comptroller pays the Grantee the State share, less the total amount of all prior payments. h. In no event shall the making by the State of any payment pursuant to this agreement constitute or be construed as a waiver by the State of any breach of covenant or ,any default which may then exist, on the part of the Grantee and the making of any such payment by the State while any such breach or default shall exist, it shall in nowise impair or prejudice any right or remedy available to the State in respect of such breach or default. Article 10. Termination or suspension of State's Obligations a. Termination or Suspension Generally. If the Grantee abandons or, before completion, finally discon- tinues the Project; or if, by reason of any of the events or conditions set forth in paragraphs (1) to (5), inclusive, of Article 9 (b) hereof, or for any other reason, the commencement prosecution, or timely comple- tion of the Project by the Grantee is rendered improbable, infeasible, impossible or, illegal, the Commissioner may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commissioner may terminate any or all or its obligations under this agreement. DV4-6b (1/89) \ A. b. Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination notice under this Section, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the grant is to be computed; (2) furnish a statement of the status of the Pro- ject activities and of the project account as well as a proposed schedule, plan and budget for terminating or suspending the closing out Project activities and contracts, and other undertakings the costs of which are other- wise includable as Project costs; and (3) provide to the Commissioner an estimate of the State's share of the costs arising from the termination, suspension, or closing out of such activities, contracts, and other undertakings. The closing out shall be carried out in conformity with the latest schedule, and budget approved by the Commissioner upon the basis of terms and conditions imposed by the Commissioner upon the failure of the Grantee to furnish the schedule, plan and budget within a reasonable time. The acceptance of a remittance by the State of any or all Project funds previously received by the Grantee or the closing out of State financial participation in the Project shall not constitute a waiver of any claim which the State may.otherwise have arising out of this Agreement. Article 11. Remission of Project Account Upon Completion of Project. Upon completion of the Project, and after payment, provision for payment or reimbursement of all Project costs payable from the project account is made, the Grantee shall remit to the State any unexpended balance of State funds previously paid to it. Article 12. Audit and Inspection. The Grantee shall permit and shall require its contractors to permit the Commissioner's and the State Comptroller's authorized representatives to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant construction, equipment, data and records; and to audit the books, records and accounts of the Grantee pertaining to the Grant and the development of the Project. Article 13. Manner of Performing Work. The work constituting the Project may be performed by the employment of the forces and the use of the equipment of the Grantee as authorized by the Commissioner, or by contract let pursuant to bidding procedures, more particularly referred to in Addendum 1 hereof. Article 14. (a) State Approval Required. Any contracts, supplemental contracts, or amendments thereto executed by the Grantee for this project must receive the approval of the Commissioner and State Comptroller before State reimbursement under this Agreement will be made. Such approvals do not .change the State's financial obligation as prescribed in Article 4. of this Agreement. (b) Equal Employment Opportunity. All contracts for design, construction, services and materials for the project of whatever nature and all documents soliciting bids or proposals therefore shall con- tain the following provisions: (1) The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, or marital status and will undertake or continue existing programs of affirmative action to ensure that minority group persons and women are afforded equal opportunity without discrimination. Such programs shall include, but not be limited to, recruit- ment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, rates of pay or other forms of compensation and selections for training or retraining including apprenticeship and on-the-job training. (2) At the request of the Department, the contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of the contract with the agency to furnish a written statement that such employment agency, labor union or representative shall not discriminate because of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will cooperate in the implementation of the contractor's obligations hereunder. (3) The contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the agency, that all qualified applicants will be afforded equal employment opportunity without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. (4) The contractor will include the provisions of paragraphs 1 through 3 of this subdivision in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcon- tractor or vendor as to its work in connection with the contract. DV4-7b (1/89) x Article 15. Executory Clause. The Grantee agrees that this Agreement shall be deemed executory only to the extent of the monies available, and no liability shall be incurred by the State beyond the monies available for the purpose. Article 16. Participation by Minority and Women Owned Business Enterprises. It is the policy of the State of New York to encourage meaningful participation by minority and women -owned business enterprises in the performance of Transportation Infrastructure Renewal Projects. Because this is a Federal Assistance Project, in accordance with Section 428 of the Transportation Law all Federal requirements relative to the participation of disadvantaged, minority and/or women -owned business enterprises, including but not limited to 49 CFR Part 23 shall apply to the Grant. A violation of any such. Federal requirement shall be a violation of this Agreement. Article 17. New York State Content Program. All contracts financed under this Grant are subject to the New York State Content Piogram authorized under Section 422(7) of the Transportation Law, when established. Article 18. Indemnification. The Department shall in no way be liable for any costs, liability or damages claimed by any person as the result of the Department's award of the Grant or any review or approval given in connection therewith. The Grantee agrees to indemnify and hold harmless the Department and its officers, agents and employees of and from any and all costs, liability, damage and expenses, including expenses for legal services, claimed or recovered by any person by reason of injury to, or death of, any person or persons, and damage to, destruction or loss of use of any and all property, arising from the award or administration of the Grant. Article 19. Maintaining the Project. The Grantee agrees to maintain the project at its own expense for the period of time corresponding to the period of useful life of such project as determined by reference to Section 61 of the State Finance Law in effect on the date of this Agreement. DV4-8c (1/89) IN WITNESS WHEREOF, this Agreement has been executed by the State acting by and through the Commissioner, who has caused the seal of his office to be affixed hereto, and the Grantee by and through a duly authorized officer has executed this Agreement effective the day and year first above written. THE PEOPLE OF THE STATE OF NEW YORK GRANTEE By By For: COMMISSIONER OF TRANSPORTATION Supervisor, Town of Southold Title Approved By STATE OF NEW YORK ) COUNTY OF SUFFOLK ) For the New York State Comptroller Pursuant To Section 112 State Finance Law 19 On this 23rd day February in the year One Thousand Nine Hundredninety-three before me personally came Scott Louis Harris , to me known, who being by me duly sworn did depose and say that he/ghtcresides at 37800 Main Road, Orient, New York ; that he/ft, is the Supervisor of the Grantee described in and which executed the above instrument; that he/the was authorized to execute the document on behalf of said Grantee pursuant to a resolution which was duly adopted on February "23, 1993 and to which a certified copy is attached and made a part hereof. NOTARY PUBLIC JUDITH T. TERRY NWary:.;i iNew York C�uo•.i)itA in S;Ulw x Cour2y Commission E:;:pwas iviay ;i1, 19 1 DV4-9c (1/89) ADDENDUM NO. 1 TERMS AND CONDITIONS 1. The Grantee agrees to incorporate or cause to be incorporated into any contract for construction work, or furnishing of nay materials, supplies, or equipment or professional consulting services of any kind in con- nection with the Project, clauses under which the contractor: (a) Agrees to procure and maintain insurance of the kinds and in the amounts hereinafter provided in Schedule 1 hereof. (b) Agrees that he will comply with the requirements of the State Labor Law and particularly Sections 220 and 220-4 thereof as amended, and as set forth in Appendix A hereof. (c) Agrees that during the performance of this contract the Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex„ color or national origin and will comply with the Non -Discrimination provisions set forth itp Appendix A hereof. (d) Agrees that he will cause all persons employed upon the work including his subcontractors, agents, officers and employees, to comply with all applicable laws in the jurisdiction in which the work is performed. (e) Agrees not to assign, transfer, convey, sublet or otherwise dispose of this agreement or any part thereof, or of its right, title or interest therein or its power to execute such agreement to any person, company or cor- poration without the previous consent in writing of the Grantee and the Commissioner of Transportation. (f) Agrees that in accordance with its status as an independent contractor, it will conduct itself with such status tn.at it will neither hold itself out as nor claim to be an officer or employee of the State by reason hereof, and thz. will not by reason hereof, make any claim demand of application to or for any right or privilege applicacit to an officer or employee of the State, including, but not limited to, Workmen's Compensation coverage, Unemployment Insurance Benefits, Social Security coverage or Retirement membership or Credit. (g) Agrees that this agreement may be cancelled or terminated by the Grantee if any work under this agreement is in conflict with the provisions of Section 74 of the Public Officers Law. (h) Agrees that any patentable result arising out of this Agreement, as well as all information, designs, specification, know-how, data, and findings, shall be made: available without cost to the State or its licenses for public use. (i) Agrees that for construction work he will furnish a performance bond in an amount at least equal to 100 percent of his contract price as security for the faithful performance of his contract and also a tabor and material bond in an amount equal to 100 percent of his contract price as security for the payment all persons performing labor on the Project under his contract and furnishing materials in connection with his contract. The performance bond and the labor and material bond may be in one or in separate instruments in accordance with law. (j) Agrees that the Commissioner and the State Comptroller reserve the right to audit and inspect the work of the contractor and any and all records thereof through representatives of the State, as well as tnrough officers and employees of the State, as they shall determine. (k) Agrees that the State shall not be obligated or liable hereunder to any party other than the Grantee. (1) Agrees that if any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of the applicable law. (m) Agrees that by execution of the Agreement the contractor represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this agreement. (n) Agrees that all project documents requiring formal approval by a Federal Agency will be submitted to the Commissioner for his prior approval and forwarding to the Federal Agency for its formal approval. DV4-10b (1/89) 2. The Grantee agrees to give full opportunity for free, open and competitive bidding for each contract to be let by it calling for construction or the furnishing of any materials, supplies, or equipment td be paid for with Project Funds in accordance with the requirements of Section 103 of the General Municipal Law, the State Finance Law and any other applicable State Laws, Regulations or any requirements or opinions of the State Comptroller. 3. The Grantee agrees that contracts for professional or consulting services may be negotiated, but they must be in writing and must state the maximum compensation or reimbursement to be paid. Negotiations must be adequately documented to show consultants considered, proposals received, reasons for selecting the proposed consultant, and the unit basis or other detailed explanation in support of the amount of compensation to be paid. DV4-Ilb (1/89) SCHEDULE 1 INSURANCE CLAUSES TO BE INCLUDED IN GRANTEE CONTRACTS The Grantee agrees to incorporate or cause to be incorporated into any contract in connection with the Project, the following clauses: The Contractor agrees to procure and maintain insurance of the kinds and in the amounts hereafter provided in insurance companies authorized to do business in New York State, covering all operations under the contract whether performed by it or sub -contractors. Before commencing the work the Contractor shall furnish the Grantee a certificate or certificates in form satisfactory to the Grantee showing that it has complied with this Schedule, which certificate or certificates shall not be changed or cancelled until thirty days written notice has been given to the Grantee. The kinds and amounts of insurance required are as follows: A. Policy or policies covering the obligations of the Contractor in accordance with the provisions of any applicable Workmen's Compensation or Disability Benefits Law, including for the State of New York, Chapter 41, Laws of 1914, as amended, known as the Workmen's Compensation Law, and amendments thereto, and Chapter 600 of the Laws of 1949, as amended, known as the Disability Benefits Law, and this agreement shall be void and no effect unless the Contractor procures such policy or policies and maintains the same in force during the term of his contract. B. Protective Liability insurance issued to an covering the liability of the Grantee, the State, the Commissioner and all employees or other representatives of each of them, both officially and personally with respect to all operations under the contract including omissions and supervisory acts of the Grantee, the State, the Commissioner and their employees or other representatives with the following limits: Construction Bodily Injury Liability Each Person Each Occurrence $1,000,000 $3,000,000 Property Damage Liability Each Occurbnce Aggregatd $1,000,000 $3,000,000 Consultant and Other Services Bodily Injury Liability Property Damage Liability Each*Person Each Occurence Each Occurence Aggregate $100,000 $300,000 $100,000 $300,000 C. Liability insurance issued to and covering the liability of the CONTRACTOR with respect to all work performed by him under this Agreement. D. Liability insurance issued to and covering the liability of each of the CONTRACTOR'S sub -contractors with respect to all work performed by said sub -contractor under this Agreement. E. Protective liability insurance issued to and covering the liability of the CONTRACTOR with respect to all work under this Agreement performed for the CONTRACTOR by sub -contractor. F. Protective liability insurance issued to and covering the liability of the Grantee and all employees of the Grantee, both officially and personally, with respect to all operations under this agreement by the CONTRACTOR or by his sub -contractor, ;including omissions and supervisory acts of the Grantee and its employees. NOTE.* If work is to be performed by forces of the Grantee, the Grantee will provide or cause to be provided the insurance coverage provided in Paragraph B above. DV4-12b (1/89) CONR 335-1f (9/89) APPENDIX A STANDARD CLAUSES FOR -ALL NEW YORK STATE CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licensor, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON -ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $5,000 ($20,000 for certain S.U.N Y. and C.U.N Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal satutory and constitutional non- discrimination provisions, the Contractor will not discriminate against any employee or applicant for employ- ment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equip- ment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the perfor- mance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcon- tractors shall, by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work morethan the number of hours or days stated in said statues, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7. NON -COLLUSIVE BIDDING REQUIREMENT. In accordance with Section 139-d of the State Finance Law. If this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non -collusive bidding certification on Contractor's behalf. CONK 335-2f (9189) 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees. as a material conditon of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regula- tions thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, deter- mination or disposition of appeal (2 NYCRR 105.4) 9. SETOFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State prac- tices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Con- tractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION: (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on his invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the reap or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Direc- tor of State Accounts, Office of the State Comptroller, AESOB, Albany, New York 12236. CONR 335-3f (9/89) 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN: In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument. providing for a total expenditure in excess of $25.000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services. supplies. equipment. materials or any combina- tion of the foregoing, to be performed for, or rendered or furnished to the contracting agency: or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100.000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The contractor will not discriminate against employees or applicants for employment because of race. creed, color, national origin, sex, age, disability or marital status. and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective barganing or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis or race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a", "b" and "c", above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of his section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article XI -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it be registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. August 1989 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 23, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute the SEQR Agency Compliance Statement for the New York State Department of Transportation, Aviation Transportation, Infrastructure Renewal Project Grant Agreement (Study), Project No. 0913.06, as follows: Engineering Design for Runway 12-30 Overlay, at Elizabeth Field Airport, Fishers Island, New York; and be it FURTHER RESOLVED that Supervisor Harris be authorized and directed to execute the New York State Department of Transportation, Aviation Transportation, Infrastructure Renewal Grant Agreement (Study) (Project No. 0913.6), for Engineering Design for Runway 12-30 Overlay, at Elizabeth Field Airport, Fishers Island, New York, all in accordance with the approval of the Town Attorney. X�- /Judith ��e�Ery Southold town Clerk February 24, 1993 DV -21 -RI (11/85) Agency Compliance State -meat State Environmental Oualitv Review In accordance with the rules, regulations and procedures adopted by TOWN OF SOUTHOLD (Name of Municipal Corporation) (or 6NYC:RR Part 617 where the Municipal Corporation has not adopted such rules, regulations and procedures) pursuant to the intent of the State Environmental Quality Review Act, the project described below is classified as a: S SM ONE LJ Type I Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEAR Record of Decision have been prepared). [ I 'type I Action - with no significant effect (Environmental Assessment Form or Environmental Assessnent and Negative Declaration have been prepared and filed). [_J Unlisted Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). [� Unlisted Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). LCJ Type II Action - LJ Ministerial Act LJ Exempt Act Project Description ENGINEERING DESIGN FOR RUNWAY 12-30 OVERLAY Applicant Signature Scott Louis Harris Supervisor, Town of Southold Title February 23, 1993 Date JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 23, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute the SEQR Agency Compliance Statement for the New York State Department of Transportation, Aviation Transportation, Infrastructure Renewal Project Grant Agreement (Capital), Project No. 0913.05, as follows: Install new medium intensity runway lighting system on Runways 12-30 and 7-25; install rotating beacon and wind cone; install VAST and REILS on Runways 7, 25, 12 and 30; install electrical vault, at Elizabeth Field Airport, Fishers Island, New York; and be it FURTHER RESOLVED that Supervisor Harris be authorized and directed to execute the New York State Department of Transportation, Aviation Transportation, Infrastructure Renewal Project Grant Agreements (Project No. 0913.05), for the following: Install new medium intensity runway lighting system on runways 12-30 and 7-25; install rotating beacon and wind cone; install VAST and REILS on Runways 7, 25, 12 and 30; install electrical vault, at Elizabeth Field Airport, Fishers Island, New York, all in accordance with the approval of the Town Attorney. Judith T. Terry Southold town Clerk February 24, 1993 DV -21-R1 (11/85) ,, ' Agency Compliance Statement State Environmental Ouality Review In accordance with the rules, regulations and procedures adopted by TOWN OF SOUTHOLD (Name of Municipal Corporation) (or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules, regulations and procedures) pursuant to the intent of the State Environmental Quality Review Act, the project described below is classified as a: Ll Type I Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). [� Type I Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and f it ed) . [_J Unlisted Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). LJ Unlisted Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). [SCJ Type II Action [I Ministerial Act [_J Exempt Act P14—TOW-Irg-a�l • INSTALL NEW MEDIUM INTENSITY RUNWAY LIGHTING SYSTEM ON RUNWAYS 12-30 AND 7-25 AT THE ELIZABETH FIELD AIRPORT. Applicant Signature Scott Louis Harris Supervisor, Town of Southold Title February 23, 1993 Date DV -21-R1 (11/85) Agency Compliance Statement State Environmental Ouality Review In accordance with the rules, regulations and procedures adopted by TOWN OF SOUTHOLD (Name of Municipal Corporation) (or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules, regulations and procedures) pursuant to the intent of the State Environmental Quality Review Act, the project described below is classified as a: LJ Type I Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). [ Type I Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). L] Unlisted Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). L] Unlisted Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed) . U Type II Action [� Ministerial Act LJ' Exempt Act INSTALL ROTATING BEACON AND WIND CONE AT THE ELIZABETH FIELD AIRPORT. Applicant Signature Scott Louis Harris Supervisor. Town of Southold Title February 23, 1993 Date DV -21-R1 (11/85) Agency Compliance Statement State Environmental Ouality Review In accordance with the rules, regulations and procedures adopted by TOWN OF SOUTHOLD (Name of Municipal Corporation) (or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules, regulations and procedures) pursuant to the intent of the State Environmental Quality Review Act, the project described below is classified as a: CHECK Q Ll Type I Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). [� Type I Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). L] Unlisted Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). L] Unlisted Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). L] Type II Action (� Ministerial Act Lj Exempt Act Project Descr' ion INSTALL VASI AND REILS ON RUNWAYS 7, 25, 12 AND 30 AT THE ELIZABETH FIELD AIRPORT. J Applicant Signature Scott Louis Harris Supervisor, Town of Southold Title February 23, 1993 Date 0 4 9 It JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 9, 1993 John A. Falotico Planning & Program Management Director New York State Department of Transportation Veterans Memorial Highway Hauppauge, New York 11788 Re: Elizabeth Field Airport Town Resolutions PINS 0913.05/0913.06/0913.07 Dear Mr. Falotico: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Transmitted herewith are six (6) certified resolutions for the above - referenced aviation projects, which have been revised in accordance with your instructions. Thank you for your assistance in this matter. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 26, 1993 John A. Falotico Planning & Program Management Director Department of Transportation State of New York Veterans Memorial Highway Hauppauge, New York 11788 Re: Aviation Supplemental Grant Agreements Elizabeth Field Airport, Fishers Island Dear Mr. Falotico: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Enclosed are six (6) signed Grants and six (6) REsolutions from the Southold Town Board authorizing its execution, along with one copy of a completed SEQA Agency Compliance Form, DV21, for each of the following projects: , PIN 0913.05 - Install MIRL System on RW's 12-30 and 7-25 Install roating beacon Install VASI and REILS PIN 0913.06 - Engineering Design RW 12-30 overlay PIN 0913.07 - Engineering Design RW 7-25 overlay Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Accounting & Finance STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE. N.Y. 11788 JAMES A. KUZLOSKI REGIONAL DIRECTOR January 28, 1993 Honorable Scott L. Harris Supervisor Southold Town Hall P.O. Box 1179 Southold, NY 11977 Dear Mr. Harris: FRANKLIN E. WHITE COMMISSIONER RECENED FEB 31993 Southold Town C!erk Aviation Supplemental Grant Agreements Elizabeth Field Airport Enclosed are seven (7) copies of the State Supplemental Grant Agreement for each of the following projects: PIN 0913.05 - Install MIRL System on RW's 12-30 and 7-25 Install rotating beacon Install VASI and REILS PIN 0913.06 - Engineering Design RW 12-30 overlay PIN 0913.07 - Engineering Design RW 7-25 overlay Please have them signed and notarized by the Town and return six (6) signed Grants and six (6) Resolutions from your legislative body authorizing its execution to this office for processing for each of the above projects. One copy of a completed SEQA Agency Compliance Form, DV21, is also needed for each project. Please complete these forms and return them along with the executed grants. Very truly yours, JOHN A. FALOTICO Planning & Program Management Director Enclosures AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER FEB 161993 Tarin Clone SOO" To: Mr. Philip Brito Manager Federal Aviation Administration N.Y. Airports District Office 181 South Franklin Avenue Valley Stream, NY 11581 Attention: Enclosed please find the following: cas Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Re: Fisher's Island -Elizabeth Field Runway 7-25 Overlay FAA AIP No. 3-36-0029-07-92 Runway 12-30 Overlay FAA AIP No. 3-36-0029-06-92 File: 211 Date: 10-Feo-93 - Three copies of Partial Payment Request No. TWO (Form 271) with attached backup documentation for your review and processing. (FAA AIP No. 3-36-0029-07-92) - Three copies of Partial Payment Request No. TWO (Form 271) with attached backup documentation for your review and processing. (FAA AIP No. 3-36-0029-06-92) Remarks: If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Enclosures cc: Mr. R. Philip Knauff�--��a % Ms. Judith Terry Sheila M. Farley Grants Administrator JUDITH T. TEARY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER ULrr OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 5, 1983 Sheila M. Farley Grants Administrator C&S Engineers, Inc. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Fishers Island - Elizabeth Field Runway 7-25 Overlay FAA All? No. 3-36-0029-07-92 Runway 12-30 Overlay FAA AIP No. 3-36-0029-06-92 Dear Ms. Farley: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Transmitted herewith are four executed copies of Form 271 for each of the above referenced projects. Very truly yours, d Judith T. Terry Southold Town Clerk Enclosures cc: Accounting S Finance cas Engineers, Inc. RECEIVED 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 FEB 2 1993 Southold Town Clerk To: Mr. R. Philip Knauff Manager Fisher's Island Ferry District P.O. Box H Fisher's Island, NY 06390 Enclosed please find the following: Re: Fishers Island -Elizabeth Field Runway 7-25 Overlay FAA AIP No. 3-36-0029-07-92 Runway 12-30 Overlay FAA AIP No. 3-36-0029-06-92 File: 211.006 v;E.e: C, fid: - Five copies of Partial Payment Request No. TWO (Form 271) for your review and signature. (FAA AIP No. 3-36-0029-07-92 - Runway 7-25 Overlay) - Five copies of Partial Payment Request No. TWO (Form 271) for your review and signature. (FAA AIP No. 3-36-0029-06-92 - Runway 12-30 Overlay) Remarks: Please have Mr. Harris sign four copies of Form 271 for each of the above referenced projects, and return them to me for further processing. Keep one copy of each package for your files. If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Enclosures / cc: Ms. Judith Terry Sheila M. Farley Grants Administrator To: Mr. R. Philip Knauff Manager Fisher's Island Ferry District P.O. Box H Fisher's Island, NY 06390 Attention: Enclosed please find the following: 1 \ � A- At, Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Re: Fishers Island -Elizabeth Field Runway 7-25 Overlay FAA AIP No. 3-36-0029-07-92 Runway 12-30 Overlay FAA AIP No. 3-36-0029-06-92 File: 211.006 Date: 27 -Jan -93 - Five copies of Partial Payment Request No. TWO (Form 271) for your review and signature. (FAA AIP No. 3-36-0029-07-92 - Runway 7-25 Overlay) - Five copies of Partial Payment Request No. TWO (Form 271) for your review and signature. (FAA AIP No. 3-36-0029-06-92 - Runway 12-30 Overlay) Remarks: Please have Mr. Harris sign four copies of Form 271 for each of the above referenced projects, and return them to me for further processing. Keep one copy of each package for your files. ---------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------- If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Enclosures - cc : Ms. Judith Terry- eila M. Farley Grants Administrator I Approved by Office of Management and PAGE OUTLAY REPORT AND REQUEST FOR REIMBURSE- Budget No. 80-RO181 1 OF 1 PAGES MENT FOR CONSTRUCTION PROGRAMS 1. TYPE OF REQUEST 2. BASIS OF REQUEST CLASSIFICATION ❑ FINAL ® PARTIAL ® CASH 11 ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT TO 4. FEDERAL GFPW_0W57RM_5. PARTIAL PAYMENT REQUEST NO. WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED BY FEDERAL AGENCY TWO Federal Aviation Administration - N.Y.A.D.O. 3-36-0029-07-92 $0.00 B. EMPLOYER IDENTIFICATION NO. 7. RECIPIENT ACCOUNT OR OTHER PERIOD COVERED BY THIS REPORT $0.00 IDENTIFYING NUMBER FROM (Month, day, year) TO (Month, day, year) 11-6003307 NIA 12/28/92 1/15/93 9. RECIPIENT ORGANIZATION _ 10. PAYEE (Where check should be sent If different than Item 9) Name: TOWN OF SOUTHOLD Name: TOWN HALL, 53095 MAIN ROAD e. Other architectural engineering fees No. and P.O. BOX 1179 No. and Street: SOUTHOLD, NY 11971 Street. City, City. State and State and ZIP Code: ZIP Code: STATUS OF FUNDS S 1ANDAHD FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. No. A-110 PROGRAMS - FUNCTIONS - ACTIVITIES (a) (b) (c) CLASSIFICATION RUNWAY 7-25 TOTAL OVERLAY (Design) a. Administrative expense $0.00 $0.00 $0.00 $0.00 b. Preliminary expense $0.00 $0.00 $0.00 $0.00 c. Land, structures, right-of-way $0.00 $0.00 $0.00 $0.00 d. Architectural engineering basic fees $30,246.38 $0.00 $0.00 $30,246.38 e. Other architectural engineering fees $0.00 $0.00 $0.00 $0.00 I. Project inspection fees $0.00 $0.00 $0.00 $0.00 g. Land development $0.00 $0.00 $0.00 $0.00 h. Relocation expense $0.00 $0.00 $0.00 $0.00 i. Relocation payments to individuals and businesses $0.00 $0.00 $0.00 $0.00 j. Demolition and removal $0.00 $0.00 $0.00 $0.00 k. Construction and project improvement cost $0.00 $0.00 $0.00 $0.00 I. Equipment $0.00 $0.00 $0.00 $0.00 m. Miscellaneous cost $0.00 $0.00 $0.00 $0.00 n. Total cumulative to date (sum of lines a thru m) $30,246.38 $0.00 $0.00 $30,246.38 o. Deductions for program income $0.00 p. Net cumulative to date (Line n minus line o) $30,246.38 $0.00 $0.00 $30,246.38 q. Federal share to date $27,221.74 $0.00 $0.00 $27,221.74 r. Rehabilitation grants (100% reim- bursement) s. Total Federal share (sum of lines q and r) $27,221.74 $0.00 $0.00 $27,221.74 I. Federal payments previously re- quested $18,845.82 $0.00 $0.00 $18,845.82 u. Amount requested for reimbursement $8,375.92 $0.00 $0.00 $8,375.92 v. Percent of physical completion of project 59.3%_ _ _ 0.0% _ _ 0.0% SIGNATURE OF AUTHORIZED CERTIFYING - J 59.3% 12. CERTIFICATION DATE REPORT SUBMITTED OFFICIAL r j I certify that to the best of my knowledge a. RECIPIENT and belief the billed COStS Or diSbUfSe- PED OR PRIN E AME AND TITL TELEPHONE NO. ments are in accordance with the terms SCOTT L. HARRIS of the project and that the reimbursement TOWN SUPERVISOR (516) 765-1800 represents the Federal share due which has not been previously requested and that an inspection has been performed SIGNATURE OF AUTHORIZED CERTIFYING DATE REPORT SUBMITTED and all work is in accordance with the b. Representative OFFICIAL terms of the award. certifying to line 1 1v. TYPED OR PRINTED NAME AND TITLE TELEPHONE NO. CALOCERINOS & SPINA ENGINEERS P.C. SHEILA M. FARLEY (315) 455-7981 GRANTS ADMINISTRATOR S 1ANDAHD FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. No. A-110 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 2, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute Partial Payment Request No. TWO, Outlay Report and Request for Reimbursement for Construction Programs, to the Federal Aviation Administration, in the amount of $8,375.92, with respect to Fishers Island Elizabeth Field Airport Runway 7-25 Overlay Program, all in accordance with the recommendation of CES Engineers, Inc., the Town's engineers for the project. X41-udith T. Terry Southold Town Clerk February 3, 1993 Runway 7-25 Overlay FISHERS ISLAND - ELIZABETH FIELD FAA AIP No. 3-36-0029-07-92 Invoice Date Invoice Amount Design 01/15/93 $ 9,306.58 $ 9,306.58 x 90% _ $8,375.92 F] FISHER ISLAND AIRPORT -ELIZABETH FIELD RUNWAY 7-25 OVERLAY (Design) TOWN OF SOUTHOLD, NY F.A.A. AIP PROJECT NO. 3-36-0029-07-92 N.Y.S.D.O.T. PROJECT NO. 0913.07 SUMMARY OF FEDERAL ELIGIBLE PROJECT COSTS PROGRAM NO. 1 ----------------------------------------------- 211.006 01/27/93 FEDERAL GRANT ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE -------------------------------------------------------------------------------------------------------------------------------------- AGREEMENT AMOUNTS FEDERAL ELIGIBLE FEDERAL ELIGIBLE PARTICIPATING -------------------------------------------------------------------------------------------------------------------------------------- a. ADMINISTRATIVE EXPENSE ......................... 82,018.00 $2,018.00 $0.00 90.00 b. PRELIMINARY EXPENSE ............................ $0.00 90.00 $0.00 00.00 c. LAND, STRUCTURES, RIGHT -OF -NAY ................. 90.00 80.00 $0.00 $0.00 d. ARCHITECTURAL ENGINEERING BASIC FEES........... 848,982.00 848,982.00 $30,246.38 80.00 e. OTHER ARCHITECTURAL ENGINEERING FEES........... $0.00 90.00 90.00 80.00 f. PROJECT INSPECTION FEES ........................ $0.00 90.00 $0.00 80.00 g. LAND DEVELOPMENT ............................... $0.00 80.00 90.00 90.00 h. RELOCATION EXPENSE ............................. 90.00 80.00 90.00 80.00 i. RELOC PAYMENTS TO INDIV AND BUSINESSES......... $0.00 80.00 90.00 80.00 j. DEMOLITION AND REMOVAL ......................... 90.00 $0.00 $0.00 $0.00 k. CONSTRUCTION AND PROJECT IMPROVEMENT COST...... 90.00 $0.00 $0.00 80.00 1. EQUIPMENT ...................................... 90.00 $0.00 $0.00 90.00 m. MISCELLANEOUS COST ............................. 90.00 90.00 $0.00 $0.00 -------------------------------------------------------------------------------------------------------------------------------------- TOTAL FEDERAL COSTS 951,000.00 851,000.00 930,246.38 90.00 FISHER ISLAND AIRPORT -ELIZABETH FIELD 01/27/93 RUNWAY 7-25 OVERLAY (Design) -------- TOWN OF SOUTHOLD, NY 211.006 ARCHITECTURAL ENGINEERING BASIC FEES ANALYSIS PROGRAM NO. 1 ----------------------------------------------- Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: $30,246.38 $29,355.30 80.00 LESS RETAINAGE: $1,591.92 SUBTOTAL: 831,838.30 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING * 12/28/92 822,041.90 820,322.90 01/15/93 89,796.40 $9,032.40 50.00 Account Number ............. Invoice #............. Date ................ 19........... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: ..13.-.5.3189.4.0 .. ....................... CSS Engineers, Inc.. ............. Payee Reference: Address: .................................... 10 2 0. Seven.th . No.r.th . S.t............ Phone No. (.... ) ....................... Liverp.00l,. NY. 1.3088 ..... . ....... Vendor Contact CashDiscount ..................% .........Days.................................... Item Description of Material/Service Quantity Unit Amount No. I I I Price Total Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof ha en paid, except as erein stated, and that the balance therein stated is actually due and owing.0 Enginee , In Dated...............................19 .... X. , .... Signature TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 d", L140 31 ELIZABETH FIELD RUNWAY 7-25 OVERLAY IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 INV. DATE : 01/15/93 INVOICE # : 301085 PROJECT # : 211.006.002 CLIENT REF: FOR PROFESSIONAL SERVICES RENDERED THROUGH 12/31/92 TOTAL FEE AUTHORIZED 48,982.00 PERCENT COMPLETE AS OF 12/31/92 65.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE ti' ,'5 31,838.30 22,041.90 9,796.40 489.82 AMOUNT DUE THIS INVOICE ** 9,306.58 BC 301085 C&S AIRPORT DIVISION STATUSREPORT DECEMBER 1992 AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 Comments: It would be beneficial to determine the asphalt plant location and exactly how to transport materials to the island as we discussed. Inc s IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION TASK X 1. Consultant Agreement Executed X 2. Topographic Survey X 3. Subsurface Investigations & Laboratory Testing X 4. Soils Analysis & Report X 5. Pavement Section Design N/A 6. Horizontal Geometries 100 1/93 7. Vertical Alignment 100 1/93 8. Grading Design 100 12/92 9. Drainage Design N/A 10. Lighting System Layout N/A 11. Electrical Power & Control Design 30 2/93 12. SEQR Review Process 90 1/93 13. Contract Drawing Preparation 50 1/93 14. Contract Specifications Preparation 90 1/93 15. Design Report Preparation 50 1/93 16. Final Quantity Calculations X 17. Preliminary Submittal 2/93 18. Final Submittal 2/93 19. Advertisement 2/93 20. Bid Opening Comments: It would be beneficial to determine the asphalt plant location and exactly how to transport materials to the island as we discussed. Inc s - Approved by Office of Management and PAGE OUTLAY REPORT AND REQUEST FOR REIMBURSE- Budget No. 80-RO181 1 OF 1 PAGES MENT FOR CONSTRUCTION PROGRAMS 1. TYPE OF REQUEST 2. BASIS OF REQUEST CLASSIFICATION 11 FINAL ® PARTIAL ® CASH 11 ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGAN17 IONALELEMENTTO 4. OR OTHER 5. PARTIAL PAYMENT. WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED BY FEDERAL AGENCY TWO Federal Aviation Administration - N.Y.A.D.O. 3-36-0029-06-92 $0.00 6. EMPLOYER IDENTIFICATION NO. 7. RECIPIENT ACCOUNT OR OTHER PERIOD COVERED BY THIS REPORT $0.00 IDENTIFYING NUMBER FROM (Month, day, year) TO (Month, day, year) 11-6003307 N/A 12/28/92 1/15/93 9. RECIPIENT ORGANIZATION _ 10. PAYEE (Where check should be sent If different than item 9) Name: TOWN OF SOUTHOLD Name: TOWN HALL, 53095 MAIN ROAD e. Other architectural engineering fees No. and P.O. BOX 1179 No. and Street: SOUTHOLD, NY 11971 Street. city, City, State and State and ZIP Code: ZIP Code: STATUS OF FUNDS STANDARD FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. No. A-110 PROGRAMS - FUNCTIONS - ACTIVITIES (a) (b) (c) CLASSIFICATION RUNWAY 12-30 TOTAL OVERLAY (Design) a. Administrative expense $0.00 $0.00 $0.00 $0.00 b. Preliminary expense $0.00 $0.00 $0.00 $0.00 c. Land, structures, right-of-way $0.00 $0.00 $0.00 $0.00 d. Architectural engineering basic fees $35,854.52 $0.00 $0.00 $35,854.52 e. Other architectural engineering fees $0.00 $0.00 $0.00 $0.00 f. Project inspection fees $0.00 $0.00 $0.00 $0.00 g. Land development $0.00 $0.00 $0.00 $0.00 h. Relocation expense $0.00 $0.00 $0.00 $0.00_ i. Relocation payments to individuals and businesses $0.00 $0.00 $0.00 $0.00 j. Demolition and removal $0.00 $0.00 $0.00 $0.00_ k. Construction and project improvement cost $0.00 $0.00 $0.00 $0.00 I. Equipment $0.00 $0.00 $0.00 $0.00 m. Miscellaneous cost $0.00 $0.00 $0.00 $0.00 n. Total cumulative to date (sum of lines a thru m) $35,854.52 $0.00 $0.00 $35,854.52 o. Deductions for program income $0.00_ p. Net cumulative to date (Line n minus line o) $35,854.52 $0.00 $0.00 $35,854.52 q. Federal share to date $32,269.07 $0.00 $0.00 $32,269.07 r. Rehabilitation grants (100% reim- bursement) s. Total Federal share (sum of lines q and r) $32,269.07 $0.00 $0.00 $32,269.07 t. Federal payments previously re- quested $22,340.12 $0.00 $0.00 $22,340.12 u. Amount requested for reimbursement $9,928.95 $0.00 $0.00 $9,928.95 v. Percent of physical completion of project 59.8%1 0.0% 0.00/0 59. RQ/o 12. CERTIFICATION SIGNATURE OF AUTHORIZEDCERTIFYING DATE REPORT SUBMITTED OFFICI L I certify that to the best of my knowledge a. RECIPIENT and belief the billed costs or disburse- TY D OR PRINTED AME AND TITLE -TELEPHONE NO. ments are in accordance with the terms SCOTT L. HARRIS of the project and that the reimbursement TOWN SUPERVISOR (516) 765-1800 represents the Federal share due which has not been previously requested and that an inspection has been performed SIGNATURE OF AUTHORIZED CERTIFYING DATE REPORT SUBMITTED and all work is in accordance with the b. Representative OFFICIAL terms of the award. certifying to line �_ 2 11v. TYPED OR PRINTED NAME AND TITLE TELEPHONE NO. CALOCERINOS & SPINA ENGINEERS P.C. SHEILA M. FARLEY (315) 455-7981 GRANTS ADMINISTRATOR 771 -i ll7 STANDARD FORM 271 (7-76) Prescribed by Office of Management and Budget Cir. No. A-110 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER o��FFO�K�oGy c OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 2, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute Partial Payment Request No. TWO, Outlay Report and Request for Reimbursement for Construction Programs, to the Federal Aviation Administration, in the amount of $9,928.95, with respect to Fishers Island Elizabeth Field Airport Runway 12-30 Overlay Program, all in accordance with the recommendation of CSS Engineers, Inc., the Town's engineers for the project. Judith T. Terry� Southold Town Clerk February 3, 1993 Runway 12-30 Overlay FISHERS ISLAND - ELIZABETH FIELD FAA AIP No. 3-36-0029-06-92 Invoice Date Invoice Amount Design 01/15/93 $11,032.16 $11,032.16 x 90% _ $9,928.95 FISHERS ISLAND - ELIZABETH FIELD RUNWAY 12-30 OVERLAY (Design) FISHERS ISLAND, NY F.A.A. AIP PROJECT NO. 3-36-0029-06-92 N.Y.S.D.O.T. PROJECT NO. 0913.06 SUMMARY OF FEDERAL ELIGIBLE PROJECT COSTS PROGRAM NO. 1 ----------------------------------------------- 01/27/93 211.006.001 FEDERAL GRANT ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE -------------------------------------------------------------------------------------------------------------------------------------- AGREEMENT AMOUNTS FEDERAL ELIGIBLE FEDERAL ELIGIBLE PARTICIPATING -------------------------------------------------------------------------------------------------------------------------------------- a. ADMINISTRATIVE EXPENSE ......................... $1,936.00 $1,936.00 $0.00 $0.00 b. PRELIMINARY EXPENSE ............................ $0.00 $0.00 $0.00 $0.00 c. LAND, STRUCTURES, RIGHT-OF-WAY ................. $0.00 $0.00 $0.00 $0.00 d. ARCHITECTURAL ENGINEERING BASIC FEES........... $58,064.00 $58,064.00 $35,854.52 $0.00 e. OTHER ARCHITECTURAL ENGINEERING FEES........... $0.00 $0.00 $0.00 $0.00 f. PROJECT INSPECTION FEES ........................ $0.00 $0.00 $0.00 $0.00 Q. LAND DEVELOPMENT ............................... $0.00 $0.00 $0.00 $0.00 h. RELOCATION EXPENSE ............................. $0.00 $0.00 $0.00 $0.00 i. RELOC PAYMENTS TO INDIV AND BUSINESSES......... $0.00 $0.00 $0.00 $0.00 j. DEMOLITION AND REMOVAL ......................... $0.00 $0.00 $0.00 $0.00 k. CONSTRUCTION AND PROJECT IMPROVEMENT COST...... $0.00 $0.00 $0.00 $0.00 1. EQUIPMENT ...................................... $0.00 $0.00 $0.00 $0.00 s. MISCELLANEOUS COST ............................. $0.00 $0.00 $0.00 $0.00 -------------------------------------------------------------------------------------------------------------------------------------- TOTAL FEDERAL COSTS $60,000.00 $60,000.00 $35,854.52 $0.00 FISHERS ISLAND - ELIZABETH FIELD 01/27/93 RUNWAY 12-30 OVERLAY (Design) -------- FISHERS ISLAND, NY 211.006.001 ARCHITECTURAL ENGINEERING BASIC FEES ANALYSIS ----------------------------------------------- PROGRAM NO. 1 Indicates previous submittal FEDERAL STATE NON- SUNNARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: ------------------------------------------------------------------------ $35,854.52 $35,163.70 $0.00 ------------------------------------------------------------------------ LESS RETAINAGE: $1,887.08 SUBTOTAL: $37,741.60 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING * 11/17/92 $14,516.00 $13,524.50 * 12/28/92 $11,612.80 $10,819.60 $0.00 01/15/93 $11,612.80 $10,819.60 $0.00 : I . Account Number ............. Invoice *............. Date ................ 19........... PAY TO: Payee Name: TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. Payee Identification or Social Security Number: 13-5318940 .................................... C$S, Engineers,..I.nc............... Payee Reference: Address: .................................... .1020..Seveath. No.r.th. S.t........... Phone No. (....►....................... Liverpool, Ny. 13088 Vendor Contact Cash Discount ..................% .........Days.................................... IItemI Description of Material/Service I Quantity I Unit I Amount No. Price Total Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof h s een paid, except as therein stated, and that the balance therein stated is actually due and owing CSS Engineers, nc. UA� Dated...............................19 .... x.............. ..... Signature COPY TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 12-30 OVERLAY DESIGN SERVICES FOR PROFESSIONAL SERVICES RENDERED THROUGH 12/31/92 (�88 Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315)457-6711 Fax(315)457-9803 INV. DATE : 01/15/93 INVOICE # : 301084 PROJECT # : 211.006.001 TOTAL FEE AUTHORIZED 58,064.00 PERCENT COMPLETE AS OF 12/31/92 65.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE 37,741.60 26,128.80 11,612.80 580.64 ) AMOUNT DUE THIS INVOICE ** 11,032.16 BC 301084 C&S AIRPORT DMSION STATUSREPORT'' DECEMBER 1992 AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION X X X X X N/A 100 100 100 N/A N/A 30 90 50 90 50 X 1/93 1/93 12/92 2/93 1/93 1/93 1/93 1/93 2/93 2/93 2/93 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. TASK Consultant Agreement Executed Topographic Survey Subsurface Investigations & Laboratory Testing Soils Analysis & Report Pavement Section Design Horizontal Geometrics Vertical Alignment Grading Design Drainage Design Lighting System Layout Electrical Power & Control Design SEQR Review Process Contract Drawing Preparation Contract Specifications Preparation Design Report Preparation Final Quantity Calculations Preliminary Submittal Final Submittal Advertisement Bid Opening Comments: It would be beneficial to determine the asphalt plant location and exactly how to transport materials to the island as we discussed. Cas JAN 2 91993 SOU*OM ..n CUA Mr. Philip Brito Manager Federal Aviation Administration N.Y. Airports District Office 181 South Franklin Avenue Valley Stream, New York 11581 Attention: Enclosed please find the following: cas Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 Re: Fishers Island -Elizabeth Field Runway 7-25 Overlay (Design) Runway 12-30 Overlay FAA AIP No. 3-3&"9-07-92 FAA AIP No. 3-36-00294)&92 File: 211 Three copies of Partial Payment Request No. ONE (Form 271) for your review and processing. (Runway 7-25 Overlay - FAA AIP No. 3-36-0029-07-92) - Three copies of Partial Payment Request No. ONE (Form 271) for your review and processing. (Runway 12-30 Overlay - FAA AIP No. 3-36-0029-06-92) Remarks: If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Sheila M. Farley Grants Administration Enclosures cc: Mr. Philip Knauff Ms. Judith Terry JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 21, 1993 Sheila M. Farley Grants Administrator CSS Engineers, Inc. 120 Seventh North Street Liverpool, New York 13088-6199 Re: Fishers Island -Elizabeth Field Runway 7-25 Overlay (Design) FAA A I P No. 3-36-0029-07-92 NYS PIN No. 0913.07 Dear Ms. Farley: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Enclosed are four (4) executed copies of Partial Payment Request No. ONE (Form 271) with regard to the above captioned 'project. Very truly yours, 01 Judith T. Terry Southold Town Clerk Enclosures (4) cc: Accounting S Finance JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER oc��FFOIkc�Gy � Z OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 19, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute Partial Payment Request No. ONE to the Federal Aviation Administration for reimburement of $18,845.82 under the Fishers Island Elizabeth Field Airport Runway 7-25 Overlay (Design) project; all in accordance with the recommendation of C&S Engineers, Inc., the Town's engineers for the project. Judith T. Terry Southold Town Clerk January 20, 1993 OUTLAY REPORT AND REQUEST FOR REIMBURSE- MENT FOR CONSTRUCTION PROGRAMS WHICH THIS REPORT IS SUBMITTED Approved by Office of Management and PAGE Budget No. 80-ROIBI 1 1 OF 1 PAGES 1. TYPE OF REQUEST 2. BASIS OF REQUEST 11 FINAL ® PARTIAL ® CASH 11 ACCRUAL 4. FEDERAL GRANT OR OTHER 16. PARTIAL PAYMENT REQUEST NO. IDENTIFYING NUMBER ASSIGNED BY FEDERAL AGENCY ONE Federal Aviation Administration - N.Y.A.D.O. 3-36-0029-07-92 6. EMPLOYER IDENTIFICATION NO. 7. RECIPIENT ACCOUNT OR OTHER (b) PERIOD COVERED BY THIS REPORT IDENTIFYING NUMBER FROM (Month, day, year)(Month, _ day, year) 11-6003307 N/A OVERLAY (Design) 10/6/92 r12/28/92 9. RECIPIENT ORGANIZATION 10. PAYEE $0.00 (Where check should be sent i(different than Item 9) Name: TOWN OF SOUTHOLD Name: b. Preliminary expense $0.00 TOWN HALL, 53095 MAIN ROAD $0.00 $0.00 c. Land, structures, right-of-way No. and P.O. BOX 1179 No. and $0.00 $0.00 Street: SOUTHOLD, NY 11971 Street., $0.00 $0.00 City, City, $0.00 $0.00 State and State and f. Project inspection fees $0.00 ZIP Code: ZIP Code: $0.00 g. Land development 11. STATUS OF FUNDS $0.00 $0.00 s1ravunrav1-um211 V-76) Prescribed by Office of Management and Budget Cir. No. A-110 9-1 PROGRAMS - FUNCTIONS - ACTIVITIES (� (b) (c) CLASSIFICATION RUNWAY 7-25 TOTAL OVERLAY (Design) a. Administrative expense $0.00 $0.00 $0.00 $0.00 b. Preliminary expense $0.00 $0.00 $0.00 $0.00 c. Land, structures, right-of-way $0.00 $0.00 $0.00 $0.00 d. Architectural engineering basic fees $20,939.80 $0.00 $0.00 $20,939.80 e. Other architectural engineering fees $0.00 $0.00 $0.00 $0.00 f. Project inspection fees $0.00 $0.00 $0.00 $0.00 g. Land development $0.00 $0.00 $0.00 $0.00 h. Relocation expense $0.00 $0.00 $0.00 $0.00 i. Relocation payments to individuals and - businesses $0.00 $0.00 $0.00 $0.00 j. Demolition and removal $0.00 $0.00 $0.00 $0.00 k. Construction and project improvement cost $0.00 $0.00 $0.00 $0.00 I. Equipment $0.00 $0.00 $0.00 $0.00 m. Miscellaneous cost $0.00 $0.00 $0.00 $0.00 n. Total cumulative to date (sum of lines a thru m) $20,939.80 $0.00 $0.00 $20,939.80 o. Deductions for program income $0.00 p. Net cumulative to date (Line n minus line o) $20,939.80 $0.00 $0.00 $20,939.80 q. Federal share to date $18,845.82 $0.00 $0.00 $18,845.82 r. Rehabilitation grants (100% reim- bursement) s. Total Federal share (sum of lines q and r) $18,845.82 $0.00 $0.00 $18,845.82 I. Federal payments previously re- quested $0.00 $0.00 $0.00 u. Amount requested for reimbursement $18,845.82 $0.00 $0.00 $18,845.82 v. Percent of physical completion of project 41.1%1 0.0% 0.0% 41.1% 12. CERTIFICATION SIGNATURE OF AUTHORIZED CERTIFYING DATE REPORT SUBMITTED OFFICIAL I certify that to the best of my knowledge a. RECIPIENT - / 7� January 19, 19! and belief the billed COStS Or disburse- TVP DOR PRINTED AME AND TITLE TELEPHONE NO. ments are in accordance with the terms SCOTT L. HARRIS of the project and that the reimbursement TOWN SUPERVISOR (516) 765-1800 represents the Federal share due which has not been previously requested and that an inspection has been performed SIGNATURE OF AUTHORIZED CERTIFYING DATE REPORT SUBMITTED and all work is in accordance with the b. Representative11,63 OFFICIAL terms of the award. certifying to line 11v. TYPED OR PRINTED NAME AND TITLE TELEPHONE NO. CALOCERINOS & SPINA ENGINEERS P.C. SHEILA M. FARLEY (315) 455-7981 GRANTS ADMINISTRATOR 971-1n9 s1ravunrav1-um211 V-76) Prescribed by Office of Management and Budget Cir. No. A-110 9-1 cas Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 RECEIVED (315) 457-6711 Fax (315) 457-9803 , �I�V�✓,, snut6nlr-i T -.... -I_-1,: To: Mr. R. Philip Knauff Re: Fishers Island -Elizabeth Field Manager Runway 7-25 Overlay (Design) Fisher's Island Ferry District FAA AIP No. 3-36-0029-07-92 P.O. Box H NYS PIN No. 0913.07 Fisher's Island, NY 06390 File: 211.006.002 Attention: Date: 04 -Jan -93 Enclosed please find the following: - Five copies of Partial Payment Request No. ONE (Form 271) for your review and signature. Remarks: Please have Mr. Harris sign four copies of Form 271 and return them to me for further processing. Keep one copy of the form with the attached backup documentation for your files. If you have any questions or need additional information, please do not hesitate to contact us. C&S ENGINEERS, INC. Enclosures cc: Ms. Judith Terry (w/encl) Sheila M. Farley Grants Administrator FISHER ISLAND AIRPORT -ELIZABETH FIELD 01/04/93 RUNWAY 7-25 OVERLAY (Design) -------- TOWN OF SOUTHOLD, NY 211.006 F.A.A. AIP PROJECT NO. 3-36-0029-07-92 N.Y.S.D.O.T. PROJECT NO. 0913.07 SUMMARY OF FEDERAL ELIGIBLE PROJECT COSTS PROGRAM NO. 1 ----------------------------------------------- FEDERAL GRANT ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE AGREEMENT AMOUNTS FEDERAL ELIGIBLE FEDERAL ELIGIBLE PARTICIPATING a. ADMINISTRATIVE EXPENSE ......................... $2,018.00 82,018.00 $0.00 $0.00 b. PRELIMINARY EXPENSE ............................ $0.00 80.00 $0.00 50.00 c. LAND, STRUCTURES, RIGHT-OF-WAY ................. $0.00 80.00 $0.00 $0.00 d. ARCHITECTURAL ENGINEERING BASIC FEES........... 848,982.00 848,982.00 820,939.80 80.00 e. OTHER ARCHITECTURAL ENGINEERING FEES........... $0.00 $0.00 $0.00 $0.00 f. PROJECT INSPECTION FEES ........................ $0.00 80.00 80.00 $0.00 g. LAND DEVELOPMENT ............................... $0.00 $0.00 $0.00 80.00 h. RELOCATION EXPENSE ............................. 80.00 80.00 80.00 $0.00 i. RELOC PAYMENTS TO INDIV AND BUSINESSES......... 80.00 $0.00 80.00 $0.00 j. DEMOLITION AND REMOVAL ......................... 80.00 80.00 80.00 80.00 k. CONSTRUCTION AND PROJECT IMPROVEMENT COST...... 80.00 80.00 $0.00 $0.00 1. EQUIPMENT ...................................... 80.00 80.00 80.00 $0.00 a. MISCELLANEOUS COST ............................. 80.00 80.00 80.00 $0.00 -------------------------------------------------------------------------------------------------------------------------------------- TOTAL FEDERAL COSTS $51,000.00 $51,000.00 820,939.80 $0.00 FISHER ISLAND AIRPORT -ELIZABETH FIELD 01/04/93 RUNWAY 7-25 OVERLAY (Design) -------- TOWN OF SOUTHOLD, NY 211.006 ARCHITECTURAL ENGINEERING BASIC FEES ANALYSIS PROGRAM NO. 1 ----------------------------------------------- Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: $20,939.80 $20,322.90 $0.00 ------------------------------------------------------------------------ ------------------------------------------------------------------------ LESS RETAINAGE: $1,102.10 SUBTOTAL: $22,041.90 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING 12/28/92 $22,041.90 $20,322.90 Account Number ............. Invoice #............. Date ................ 19........... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: 16-1321757 ..................................... Calocerinos & Spina Engineers, P.C. payee Reference: ........ ....... Address: .................................... 1020. Seventh. North, St............. Phone No. 1....) ....................... Liverpoq�.,..NY.... 1308.$ ............. Vendor Contact Cash Discount ..................% .........Days.................................... IItem1 I Description of Material/Service I Quantity Unit I Amount I No. Price Total Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof h s been paid, except as therein stated, and that the balance therein stated is actually due and owing. C 1'ocerinos & Spina Engineers, P . C Dated............................. .19 .... x ...... .. ....... Signature L r� C,alocer�inos & Spin, ;nii��i,,, f, C TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 7-25 OVERLAY IN ACCORDANCE WITH ENGINEERING AGREEMENT DATED OCTOBER 6, 1992. INV. DATE : 12/28/92 INVOICE # : 212143 PROJECT # : 211.006.002 FOR PROFESSIONAL SERVICES RENDERED THROUGH 11/27/92 TOTAL FEE AUTHORIZED 48,982.00 PERCENT COMPLETE AS OF 11/27/92 45.00% z. FEE EARNED TO DATE * LESS PREVIOUS BILLINGS TOTAL THIS INVOICE ** LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE ** 22,041.90 .00 22,041.90 1,102.10 4 20,939.80 J? 22 BC 212143 1O,'0 i 'Inq,I, (J,Ji,fp')ii) NY nq (�;1�,) ,'1") F; � � SAX �-((ri, 4' C&S AIRPORT DIVISION STATUS REPORT NOVEMBER 1992 AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION X X X X X N/A N/A N/A 90 90 100 30 75 50 50 0 75 1. 2. 3. 4. TASK Consultant Agreement Executed Topographic Survey Subsurface Investigations & Laboratory Testing Soils Analvsis & Report Pavement Section Design Horizontal Geometries Vertical Alignment Grading Design Drainage Design Lighting System Layout Electrical Power , -K, Control Design SEQR Review Process Contract Drawing Preparation Contract Specifications Preparation Design Report Preparation Final Quantity Calculations Preliminary Submittal Final Submittal Advertisement Bid Opening Comments: The centerline profiles, grading plans, and quantities should be finalized during the month of December. 5. 6. 12/92 7. 12/92 8. 12/92 9. 10. 11. 2/93 12. 12/92 13. 12/92 14. 12/92 15. 12/92 16. 17. 12192 18. 1/93 19. 2/93 20. TASK Consultant Agreement Executed Topographic Survey Subsurface Investigations & Laboratory Testing Soils Analvsis & Report Pavement Section Design Horizontal Geometries Vertical Alignment Grading Design Drainage Design Lighting System Layout Electrical Power , -K, Control Design SEQR Review Process Contract Drawing Preparation Contract Specifications Preparation Design Report Preparation Final Quantity Calculations Preliminary Submittal Final Submittal Advertisement Bid Opening Comments: The centerline profiles, grading plans, and quantities should be finalized during the month of December. } JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 21, 1993 Sheila M. Farley Grants Administrator C&S Engineers, Inc. 120 Seventh North Street Liverpool, New York 13088-6199 Re: Fishers Island -Elizabeth Field Runway 12-30 Overlay (Design) FAA AIP No. 3-36-0029-06-92 NYS PIN No. 0913.06 Dear Ms. Farley: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Enclosed are four (4) executed copies of Partial Payment Request No. ONE (Form 271) with regard to the above captioned project. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) cc: Accounting S Finance JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 19, 1993: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute Partial Payment Request No. ONE to the Federal Aviation Administration for reimbursement of $22,340.12 under the Fishers Island Elizabeth Field Airport Runway 12-30 Overlay (Design) project; all in accordance with the recommendation of C&S Engineers, Inc., the town's engineers for the project. Judith T. Terry Southold Town Clerk January 20, 1993 city, city, State and State and ZIP Code: ZIP Code: 11. STATUS OF FUNDS Approved by Office of Management and PAGE OUTLAY REPORT AND REQUEST FOR REIMBURSE- Budget No. 80-RO181 1 OF 1 PAGES MENT FOR CONSTRUCTION PROGRAMS 1. TYPE OF REQUEST 2. BASIS OF REQUEST CLASSIFICATION a FINAL IN PARTIAL ® CASH Q ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMERTM 4. FEDERAL GRANT OR OTHER 5. P7 WEST Nu. WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED BY FEDERAL AGENCY ONE Federal Aviation Administration - N.Y.A.D.O. 3-36-0029-06-92 $0.00 6. EMPLOYER IDENTIFICATION NO. 7. RECIPIENT ACCOUNT OR OTHER PERIOD COVERED BY THIS REPORT $0.00 IDENTIFYING NUMBER FROM (Month, day, year) _ TO (Month, day, year) 11-6003307 N/A 6/23/92 12/28/92 S. RECIPIENT ORGANIZATION 10. PAYEE (More check should be sent 1f d/Ilerent than Item 9) Name: TOWN OF SOUTHOLD Name: TOWN HALL, 53095 MAIN ROAD e. Other architectural engineering fees No. and P.O. BOX 1179 No. and Street: SOUTHOLD, NY 11971 Street: city, city, State and State and ZIP Code: ZIP Code: 11. STATUS OF FUNDS Al MLxrrw rurvu Z/7 (/-/6) Prescribed by Office of Management and Budget Cir. No. A-110 PROGRAMS - FUNCTIONS - ACTIVITIES (a) (b) (c) CLASSIFICATION RUNWAY 12-30 TOTAL OVERLAY (Design) a. Administrative expense $0.00 $0.00 $0.00 $0.00 b. Preliminary expense $0.00 $0.00 $0.00 $0.00 c. Land, structures, right-of-way $0.00 $0.00 $0.00 $0.00 d. Architectural engineering basic fees $24,822.36 $0.00 $0.00 $24,822.36 e. Other architectural engineering fees $0.00 $0.00 $0.00 $0.00 I. Project inspection fees $0.00 $0.00 $0.00 $0.00 g. Land development $0.00 $0.00 $0.00 $0.00 h. Relocation expense $0.00 $0.00 $0.00 $0.00- i. Relocation payments to individuals and businesses $0.00 $0.00 $0.00 $0.00- j. Demolition and removal $0.00 $0.00 $0.00 $0.00 k. Construction and project improvement c ost $0.00 $0.00 $0.00 $0.00 I. Equipment $0.00 $0.00 $0.00 $0.00 m. Miscellaneous cost $0.00 $0.00 $0.00 $0.00- n. Total cumulative to date (sum of lines a thru m) $24,822.36 $0.00 $0.00 $24,822.36 o. Deductions for program income $0.00 p. Net cumulative to date (Line n minus line o) $24,822.36 $0.00 $0.00 $24,822.36 q. Federal share to date $22,340.12 $0.00 $0.00 $22,340.12 r. Rehabilitation grants (100% reim- bursement) s. Total Federal share (sum of lines q - and r) $22,340.12 $0.00 $0.00 $22,340.12 t. Federal payments previously re- quested $0.00 $0.00 $0.00 L;. Amount requested for reimbursement $22,340.12 $0.00 $0.00 $22,340.12 v. Percent of physical completion of project 41.40/6 0.0a,% 0,0% 41.4% 12. CERTIFICATION SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL DATE REPORT SUBMITTED I certify that to the best of my knowledge a. RECIPIENT and belief the billed COStS Or dlSbUfS@- TYPED ORPRINTE AME AND TIT TELEPHONE NO. ments are in accordance with the terms SCOTT L. HARRIS of the project and that the reimbursement TOWN SUPERVISOR (516) 765-1800 represents the Federal share due which has not been previously requested and that an inspection has been performed SIGNATURE OF AUTHORIZED CERTIFYING DATE REPORT SUBMITTED and all work is in accordance with the terms of the award. b. Representativey certifying to line�� OFFICIAL 7 / 11v. WPED OR PRINTED NAME AND TITLE U TEL PHO ENO. CALOCERINOS & SPINA ENGINEERS P.C. SHEILA M. FARLEY (315) 455-7981 GRANTS ADMINISTRATOR Al MLxrrw rurvu Z/7 (/-/6) Prescribed by Office of Management and Budget Cir. No. A-110 FISHERS ISLAND - ELIZABETH FIELD RUNWAY 12-30 OVERLAY (Design) FISHERS ISLAND, NY F.A.A. AIP PROJECT NO. 3-36-0029-06-92 N.Y.S.D.O.T. PROJECT NO. 0913.06 SUMMARY OF FEDERAL ELIGIBLE PROJECT COSTS PROGRAM NO. 1 ----------------------------------------------- 01/04/9: 211.006.001 FEDERAL GRANT ESTIMATED TOTAL COST INCURRED COST NON - PROJECT PHASE AGREEMENT AMOUNTS FEDERAL ELIGIBLE FEDERAL ELIGIBLE PARTICIPATING a. ADMINISTRATIVE EXPENSE ......................... $1,936.00 ------------------------------------------------------ 81,936.00 $0.00 90.0( b. PRELIMINARY EXPENSE ............................ $0.00 $0.00 $0.00 90.0( c. LAND, STRUCTURES, RIGHT -OF -NAY ................. 90.00 80.00 80.00 $0.0( d. ARCHITECTURAL ENGINEERING BASIC FEES........... 958,064.00 $58,064.00 924,822.36 90.0( e. OTHER ARCHITECTURAL ENGINEERING FEES........... 80.00 80.00 $0.00 $0.0( f. PROJECT INSPECTION FEES ........................ 80.00 $0.00 80.00 $0.0( g. LAND DEVELOPMENT ............................... 90.00 80.00 90.00 90.0( h. RELOCATION EXPENSE ............................. 90.00 80.00 90.00 90.0( i. RELOC PAYMENTS TO INDIV AND BUSINESSES......... 80.00 90.00 80.00 90.0( j. DEMOLITION AND REMOVAL ......................... 90.00 80.00 80.00 $0.0( k. CONSTRUCTION AND PROJECT IMPROVEMENT COST...... 90.00 90.00 80.00 80.0( 1. EQUIPMENT ...................................... 90.00 80.00 80.00 80.0( m. MISCELLANEOUS COST ............................. ---------------------------------------------------------------------------------------------------------------------- 90.00 90.00 90.00 90.0( TOTAL FEDERAL COSTS 960,000.00 860,000.00 $24,622.36 90.0( FISHERS ISLAND - ELIZABETH FIELD 01/04/93 RUNWAY 12-30 OVERLAY (Design) -------- FISHERS ISLAND, NY 211.006.001 ARCHITECTURAL ENGINEERING BASIC FEES ANALYSIS PROGRAM NO. 1 ----------------------------------------------- Indicates previous submittal FEDERAL STATE NON - SUMMARY: ELIGIBLE ELIGIBLE PARTICIPATING TOTALS: ------------------------------------------------------------------------ $24,822.36 $24,344.10 $0.00 ------------------------------------------------------------------------ LESS RETAINAGE: $1,306.44 SUBTOTAL: $26,128.80 STATE NON- DATE FEDERAL ELIGIBLE ELIGIBLE PARTICIPATING 11/17/92 $14,516.00 $13,524.50 12/28/92 $11,612.80 $10,819.60 $0.00 Account Number ............. Invoice #.211137 ..... Date.,19, . , , , , . , TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identification Payee Name: or Social Security Number: Calocerinos & Spina Engineers, P.C. """""""""""""""""" ...................................... Payee Reference: Address: .,,i6-1321,757 ..................... 1020 Seventh North St. ... Phone No. (....►....................... . .. ...... ... .. .. Live rpo.01 , , NY , .. . .13088.. _ .. _ , .. , , , Vendor Contact Cash Discount ..................% .........Days.................................... The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof s been paid, except as t rein stated, and that the balance therein stated is actually due and owing. November 17, 92 19 92 Dated...... .. .. .. . . . Signature TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 TOWN OF SOUTHOLD-R/W 12-30 OVERLAY INV. DATE : 11/17/92 INVOICE # : 211137 PROJECT # : 211.006.001 CLIENT REF: FOR PROFESSIONAL SERVICES RENDERED THROUGH 10/30/92 TOTAL FEE AUTHORIZED 58,064.00 PERCENT COMPLETE AS OF 10/30/92 25.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS * 14,516.00 * .00 TOTAL THIS INVOICE ** LESS 5% RETAINAGE AMOUNT DUE THIS INVOICE ** 14,516.00 725.80 13,790.20 BC 211137 C&S AIRPORT DIVISION STATUS REPORT OCTOBER 1992 AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION TASK L�rjs X 1. Consultant Agreement Executed X 2. Topographic Survey X 3. Subsurface Investigations & Laboratory Testing X 4. Soils Analysis & Report X 5. Pavement Section Design N/A 6. Horizontal Geometrics 50 11/92 7. Vertical Alignment 20 11/92 8. Grading Design 20 11/92 9. Drainage Design N/A 10. Lighting System Layout N/A i1. Electrical Power & Control Design 10 2/93 12. SEOR Review Process 30 12/93 13. Contract Drawing Preparation 30 192 14. Contract Specifications Preparation 0 12/92 15. Design Report Preparation 0 12/92 16. Final Quantity Calculations 40 11/92 17. Preliminary Submittal 40 12/92 18. Final Submittal 0 1/93 19. Advertisement 0 2/93 20. Bid Opening Comments: The centerline profiles,rg adine plans, and quantities will be worked on during the month of November. Account Number ............. Invoice #............. Date ................ 19........... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. I PAY TO: Payee Identification Payee Name: or Social Security Number: 16-1321757 .................................... Calocerinos & Spina Engineers, P.C. Payee Reference: Address: .................................... 1020 Seventh North. Street ............. Phone No. ....................... L i v e rp o 01.,, NY. 13088 Vendor Contact CashDiscount ..................% .........Days.................................... Item Description of Material/Service Quantity Unit Amount No. Price Total Discount Net The undersigned (Claimant) (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof h een paid, except as therein stated, and that the balance therein stated is actually due and owing. C 1cerinos & Sp n, Engineers , P . C , Dated ............................. .19 .... X .. t -t4 ...... Signature C a.locerinos&Spill'' TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 FISHERS ISLAND AIRPORT ELIZABETH FIELD RUNWAY 12-30 OVERLAY DESIGN SERVICES INV. DATE : 12/28/92 INVOICE # : 212142 PROJECT # : 211.006.001 FOR PROFESSIONAL SERVICES RENDERED THROUGH 11/27/92 TOTAL FEE AUTHORIZED 58,064.00 PERCENT COMPLETE AS OF 11/27/92 45.00% FEE EARNED TO DATE LESS PREVIOUS BILLINGS * 26,128.80 * 14,516.00 TOTAL THIS INVOICE ** LESS 5% RETAINAGE 'AMOUNT DUE THIS INVOICE ** lT)0 rJ()!1h `Alo,ll i i✓orl)')ril_ r"'`( 61<1:) (`?tit) X1:,1 rail I FA 11,612.80 580.64 11,032.16 BC 212142 C&S AIRPORT DIVISION STATUS REPORT NOWMBER ton AIRPORT: Elizabeth Field PROJECT: Runway 7-25 & 12-30 Overlay PROJECT NO: 211.006 IN PROGRESS SCHEDULED DATE COMPLETED (% COMPLETE) OF COMPLETION X X X X X N/A N/A N/A X 90 90 100 30 75 50 50 0 75 1. 2. 3. 4. 5. 6. 12/92 7. 12/92 8. 12/92 9. 10. 11. 2/93 12. 12/92 1.3. 12/92 14. 12/92 15. 12/92 16. 17. 12/92 18. 1/93 19. 2/93 20. c -�s TASK Consultant Agreement Executed Topographic Survey Subsurface Investigations & Laboratory Testing Soils Analysis & Report Pavement Section Design Horizontal Geometrics Vertical Alignment Grading Design Drainage Design Lighting System Layout Electrical Power & Control Design SEQR Review Process Contract Drawing Preparation Contract Specifications Preparation Design Report Preparation Final Quantity Calculations Preliminary Submittal Final Submittal Advertisement Bid Opening Comments: The centerline profiles, grading plans, and quantities should be finalized duriny- the month of December. Obw US. Department of Transportation Federal Aviation Administration A. Vml A J9 181 A. J,,aWm Awnw, 6�m. 305 vdh� m., ny 11581 Mr. Scott L. Harris RECEIVED Supervisor, Town of Southold Town Hall DEC 18 1992 53095 Main Road Southold, New York 12953iA Dear Mr. Harris: E'lizyrf,+t, r old Airpc t - EnginAarlprr for R/W 7-25 Overlay - FAA Coordinated Review - 92 -AEA -335 -NRA -AIP 3-36-0029-07-92 Please be advised that the FAA has completed the coordinated review for the subject project and we have no objection provided you advise us of the Runway 7-25 closure during construction, so that the VOR -A is NOTAMED as "Not Authorized". If you have any questions, please call at 516-295-9343. Sincerely, Dan Vornea Airport Engineer U.S. Department of Transportation Federal Aviation Administration Mr. Scott L. Harris Supervisor, Town of Southold Town Hall 53095 Main Road Southold, New York 12953 Dear Mr. Harris: 1�,, V4 A Abd 01- 181 A. �umUn A , ism. Y0 `UDPG h a , ny 11581 RECEIVED Elizabezn r'aeld Airport - Engineering & Contract Documents - 50% Completion - Overlay Runways 7-25 & 12-30 - AIP 3-36-0029-06/07-92 Please be advised that we have reviewed the design report and the contract documents, both 50% completion, and we have no comments to offer. It is recommended , However, that the language on the DBE Program be expanded to include illustrative good faith efforts (sample included). If you have any questions, please call at 516-295-9343. Sincerely, Dan Vornea Airport Engineer Enclosure A bidder who fails to meet the DBE goal for this Contract and fails to demonstrate to the Authority that the bidder has made good faith efforts to meet same shall not be eligible to be awarded the Contract. The following are illustrative of good faith efforts: (i) Attendance at a pre-bid meeting, if any, scheduled by the Authority to inform DBEs of subcontracting opportunities under a given solicitation; (ii) Advertisement in general circulation media, trade association publications, and minority -focused media for at least 20 days before bids or proposals are due. If 20 days are not available, publication for a shorter reasonable time is acceptable; (iii) Written notification to DBEs that their interest in the Contract is solicited; (iv) Efforts made to select portions of the work proposed to be performed by DBEs in order to increase the likelihood of achieving the stated goal; (v) Efforts to negotiate with DBEs for specific sub -bids including at a minimum; (a) The names, addresses, and telephone numbers of DBEs that were contacted; (b) A description of the information provided to DBEs regarding the plans and specifications for portions of.the work to be performed; and (c) A statement of why additional agreements with DBEs were not reached; (vi) Concerning each DBE, the bidder contacted but rejected as unqualified, and the reasons for the bidder's rejection; (vii) Efforts made to assist the DBEs contacted that need assistance in obtaining bonding or insurance required by the bidder or Authority. After award, participation percentages shall be monitored throughout the performance of the Contract. The Engineer may request a written statement that sets forth the names of and amounts paid to DBE subcontractors and materialmen during the preceding month(s). -8- ... :17 1.'., >;?.�,.T<.�+.*��s7res�r�-n�.,. "� 7,, U.S. Department �°�' �° p° °�` of Transportation 181 $. 3 lam. 305 Federal Aviation 1581 Administration; �2 Mr. Scott L. Harris Supervisor, Town of Southold Town Hall 53095 Main Road Southold, New York 12953 Dear Mr. Harris: Elizabeth Field Airport, Fishers island - Rehabilitate Runways 12-30 and 7-25 - AI 3-36-0029-08-93 - 92 -AEA -343 -NRA Please be advised that the FAA has completed the coordinated review for the subject project and we have no objection provided the runway(s) at the time of construction must be marked closed and NOTAMs issued. If you have any questions, please call at 516-295-9343. Sincerely, �- t Dan Vornea Airport Engineer �1 r US. Department of Transportation Federal Aviation Administration U Mr. Scott L. Harris Supervisor, Town of Town Hall 53095 Main Road Southold, New York Dear Mr. Harris: Southold 12953 Elizabeth Fig , d Airport AIP 3-36-0029-08-93 Tentative Allocation 81 )�. Kmgm A,*., 6Rm. 305 � J� J ,, Inv 11581 RECEIVED DEC r 7 1992 Sra1tl+nlrl T-_ r-I.,.L In response to your request for financial aid, we are pleased to inform you that the Federal Aviation Administration (FAA) has allocated the sum of $1,300,000 under the terms of the Airport and Airway Improvement Act of 1987 (AIP), to accomplish the following items of development at Elizabeth Field Airport: -Overlay Runways 12-30 (2328' x 1001) and 7-25 (1940' x 751) including all related surface preparations including grading, marking, signing and associated drainage This allocation is made within the amount authorized under the terms of Act, and the issuance of a Grant Offer is subject to the approval of the project as finally formulated and meeting the requirements set forth under the Act. We advise yuu to contact Mr. Robert Michaud at New York State Department of Transportation (NYS DOT) to ascertain the putenLiai for State 2.1nd_11:7j fui" tiis projeut so as to adjust your project budget plans accordingly. It is our understanding that the engineering consultant was selected in accordance with Advisory Circular 150/5100-14B, "Architectural, Engineering and Planning Consultant Services for Airport Grant Projects." You are required to certify that these requirements have been met by completing and submitting the form entitled "SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS", a copy of which is contained in the Airport Sponsor's Guide issued to you earlier this year. In accordance with 49 CFR Part 23, all sponsors are required to assume certain DBE requirements as a condition of project approval. i ti. More information on these requirements can be found in Advisory Circular 150/5100-15A, "Civil Rights Requirements for the Airport Improvement Program (AIP)", Section 5, DBE Program. The DBE Program must be approved by the FAA Civil Rights Staff. Further details on the content and preparation of a DBE Program can be obtained from the Civil Rights Staff, Eastern Region, at telephone 718-553-1149. In order for this office to proceed with the Grant Process, we are requesting that you indicate your estimated schedule dates for these phases of the project: 1. Selection of Consulting Engineer 2. 70% Plans & Specifications 3> 100 Plans & Specifications 4. Advertise for Bids 5. Receive Bids 6. Grant Acceptance If the bid opening for this project is scheduled or postponed until after August 30 of the current fiscal year, then this office will cancel this allocation and plan to include this project in the next fiscal year AIP program. By letter, copy to this office, you should transmit one copy of the application to the NYS DOT Regional Office, with one copy to Mr. Robert Michaud, NYS DOT in Albany. This office already received six copies of this project application. Sincerely, Ilk. PPhilip Brito Manager Calocerinos & Spina Ergineers, P.C. Mr. R. Philip Knauff, Manager Fisher Island Ferry District Post Office Box H Fisher Island, New York 06390 November 13, 1992 Re: Elizabeth Field Airport Runway 7-25 & 12-30 Overlay AIP Project No. 3-36-0029-06/07-92 NYSDOT Project No. 0913.06/07 File: 211.006 Dear Mr. Knauff. Enclosed for your review and comment are two copies of the following 50% complete Preliminary Documents for this Project: 1. Contract Drawings 2. Contract Specifications 3. Engineer's Design Report By copy of this letter we are also submitting copies of these documents to the Federal Aviation Administration and New York State Department of Transportation to request their review and comments. If you have any questions or if additional information is required, please do not hesitate to contact our office. Very truly yours, CALOCERINOS AND SPINA ENGINEERS, P.C. Bruce W. Clark Project Engineer BWC:kal enclosures Mr. Philip Brito, FAA (w/encl) Mr. Robert Michaud, NYSDOT (w/encl) Mr. James Kuzloski, NYSDOT, Region 10, (w/encl) Mr. Scott L. Harris, Town of Southold (w/encl) ,020 Seventh Nor1,h Strpet ,_R!erpoo�, NY I'3C5P�-6190 (315' 457-C-71 i FAY, (315) 457-9803 DESIGN REPORT RUNWAY 7-25 & 12-30 OVERLAY ELIZABETH FIELD AIRPORT TOWN OF SOUTHOLD FISHERS ISLAND, NEW YORK NOVEMBER 1992 50% REVIEW u 1 ,A 1 11 1 1 1 1 1 1 TABLE OF CONTENTS SECTION 1 - INTRODUCTION 1.01 PROPOSED DEVELOPMENT ..................................... 1.02 PURPOSE AND SCOPE OF REPORT ................................ 1.03 SCOPE OF PROFESSIONAL SERVICES .............................. 1.04 AIRSIDE FACILITIES .......................................... 1.05 ENVIRONMENTAL CONSIDERATIONS .............................. 1.06 SAFETY CONSIDERATIONS ..................................... SECTION 2 - PAVEMENT AND SOILS INVESTIGATION ............................ 2.01 INTRODUCTION ............................................... 2.01.1 Subgrade Soils ........................................... 2.01.2 Ground Water .......................................... 2.01.3 Bedrock .............................................. 2.01.4 Subgrade Density ........................................ 2.01.5 Subgrade Strength ........................................ 2.01.6 Frost Depth Analysis ...................................... 2.02 CONCLUSIONS AND RECOMMENDATIONS .......................... 2.02.1 Conclusions ........................................... 2.02.2 Recommendations ........................................ SECTION 3 -BASIS ..................................................... 3.01 PAVEMENT DESIGN ............................................ 3.01.1 Conclusions ........................................... 3.01.2 Recommendations ........................................ 3.02 PAVEMENT GEOMETRICS...................................... 3.03 SURFACE GRADIENTS ......................................... 3.03.1 Runway Transverse Grades .............................. .... . 3.03.2 Runway Longitudinal Grades ................................. 3.04 DRAINAGE ................................................. 3.05 SAFETY AREAS .............................................. 3.06 MARKINGS ................................................. 3.07 LIGHTING AND SIGNAGE ....................................... 3.08 FAILURE TO COMPLETE ON TIME ................................ 1 1 2 2 3 4 5 5 11 11 11 13 14 15 15 15 16 16 16 17 18 18 18 18 19 19 19 19 19 SECTION 1 -INTRODUCTION Elizabeth Field Airport is located on Fishers Island, New York. Fishers Island is situated beyond the northeast end of Long Island and is about 8 miles away from New London, Connecticut. The Town of Southold acquired Elizabeth Field Airport from the United States Government in 1959. The operation of the Airport is the responsibility of the Town's Fishers Island Ferry District which was established in 1947. Fishers Island is a vacation community with approximately 400 full-time residents and 2,250 summer residents. The only scheduled ferry service available to the Island is from New London. Elizabeth Field serves the general aviation demand for island residents and several local air taxi companies. The Airport is recommended to serve as a basic utility airport according to the New York State Downstate Regional Aviation System Plan. Two single-engine aircraft are currently based at the Airport. The Airport supports approximately 10,800 operations annually. A majority of the aircraft which use the Airport are within Airplane Approach Category A Design Group I which have a wingspan less than 49 feet. 1 1.01 PROPOSED DEVELOPMENT This Runway 7-25 and 12-30 Overlay project was recommended as a result of the Elizabeth Field Airport Layout Plan (ALP) update (1988). The ALP recommended this project as a Phase I Improvement and as an initial and fundamental step in the development of the Airport. This project will be funded by the Federal Aviation Administration through the Airport Improvement Program by the New York State Department of Transportation and the Town of Southold. 11 AIRWA21I\W6\DES.RPT -I- J 1 1 In addition, a pavement evaluation study was conducted on the two intersecting runways in April of 1992. This evaluation shows that a pavement reconstruction is not required and that a overlay of the runway is sufficient (refer to Section 2 for detailed information). 1.02 PURPOSE AND SCOPE OF REPORT The purpose of.this Report is to present the basis of design of the Runway 7-25 & 12-30 Overlay Project at Elizabeth Field Airport. The Report will present the basis upon which the project was designed and a detailed cost estimate for construction of the project. Design of this project is in accordance with FAA Advisory Circular Guidelines and includes the following: • Geotechnical • Pavement Design • Surface Gradients • Runway Markings • Project Costs 1.03 SCOPE OF PROFESSIONAL SERVICES To complete this project, the following professional services will be provided: • Topographic Survey of the proposed work area. • Soil investigation program. • Layout of lighting and visual aid systems in accordance with applicable Federal Aviation Regulations. • The preparation of this Report outlining the basis of design for the proposed project. • The preparation of final plans and specifications for the proposed improvements in accordance with applicable Federal Aviation Administration and New York State AIR\7:\211\006\M.RPT Department of Transportation standards. -2- 1 1 1 1 1 f 1 • Assistance in the bidding and award of the project. 1.04 AIRSIDE FACILITIES Elizabeth Field Airport has two intersecting bituminous asphalt runways. The crosswind runway, designated 7-25, is 75 feet wide and 1,790 feet in length; the primary runway, designated 12-30, is 100 feet wide and 2,328 feet long. Currently, Runway Ends 12, 25 and 30 all have 150 foot concrete overruns. Both runways have newly installed edge lighting systems which are in great condition. There is a bituminous apron in front of the Airport's terminal building, which is approximately 177 square yards in size. An auto parking lot adjacent to the aircraft apron is partially paved, but is in poor condition. In 1990, an obstruction removal and lighting project was completed which identified on -airport FAR Part 77 obstructions and how to undertake corrective action. 1.05 ENVIRONMENTAL CONSIDERATIONS This project is not expected to cause any significant long-term adverse environmental effects. All improvements and construction activities will take place on Airport property, thus no persons will be displaced as a result of the proposed development. Limited short-term impacts, resulting from the construction operations, may occur during the proposed improvement. These will be controlled and limited by requiring the Contractor, under his contract, to take precautions to limit air, water and noise pollution and will not persist beyond the end of the construction period. The proposed improvements are not expected to meet any significant public opposition. A Tidal Wetlands permit has been obtain from the New York State Department of Environmental Conservation for the project. IAIR\7:\211\006\DES.RPT -3- 1.06 SAFETY CONSIDERATIONS The work required by this project will result in construction activity on, and adjacent to, both Runway 12-30 and 7-25. The Contractor will be required to comply with a work phasing plan stipulated in the "Specific Airport Operating Requirements" section of the Contract Specifications to minimize interference with aircraft operations. In addition, the Contractor will be required throughout the duration of this project to comply with all safety requirements outlined in Federal Aviation Administration Advisory Circular 150/5370-213, entitled "Operational Safety on Airports with Emphasis on Safety During Construction" and Federal Aviation Administration Order 52104A, "Safety Requirements on Airports During ADAP - Funded Construction Activity". The Contractor will be responsible for furnishing, erecting and maintaining all lights, barricades, warning signs and markings for closed and hazardous areas. Each motorized vehicle or piece of construction equipment will be identified in conformance with the Contract Specifications. Airport management will coordinate aircraft movements and Airport Operations with construction operations. The Contractor will be required to give notice to the Resident Engineer adequately in advance of construction activities to allow coordination with Airport Operations. The Contractor must submit a schedule of construction activities prior to performing work. This schedule will be reviewed by the Airport management and Engineer to ensure minimum delays to aircraft movements and Airport Operations. No work will proceed in any area without prior approval. AIRWA211 \006\DES.RPT -4- SECTION 2 - PAVEMENT AND SOILS INVESTIGATION 2.01 INTRODUCTION A pavement and soil investigation program was conducted in order to determine the condition and physical properties of the existing pavements and subgrade soils at Elizabeth Field, Fishers Island, New York. The program consisted of a field investigation and laboratory testing program. The field investigation included borings, pavement corings and the excavation of test pits. Field tests consisted of California Bearing Ratio (CBR) and in-place density determinations. Laboratory testing included mechanical sieve analysis, hydrometer analysis, standard proctors, and CBR determinations. All test borings, pavement cores, test pits, and laboratory analysis were performed by Professional Service Industries, Inc., Northeast, of Northfield, New Hampshire under the direction of Calocerinos & Spina, Engineers, P.C.. Geotechnical data obtained during the referenced subsurface investigation included field and laboratory tests results. 1 IAIR\7:\211\06\DES.RPT -5- ,N& W .Nr ONI VE IM +0 No ■s imo sa so UWVW Table 2-1 Pavement Core Analysis Results Core # Asphalt Emulsion Slurry Seal (inches) Top Coarse (inches) Macadam (inches) Total Asphalt Thickness (inches) Subbase Thickness (inches) Sieve Size Percentage Passing 3/4" 1/2" 3/8" #4 #10 #20 #40 #50 #80 #200 % Liquid Asphalt Content Runway 12-30 B-2 0.3 2.6 1.5 4.4 6 100 99 96 67 49 35 20 13 7 2.8 4.2 B-3 0.4 2.6 1.3 4.3 4 100 98 94 66 50 36 19 12 7 3.1 4.4 B-4 0.3 2.5 1.5 4.3 3 100 99 95 69 50 35 20 13 7 3.1 4.6 B-5 0.4 2.5 1.3 4.2 1 6 100 100 1 96 67 1 48 34 1 21 15 1 10 3.6 1 5.3 B-6 0.4 2.6 1.5 4.5 6 100 100 99 67 48 34 21 15 11 3.7 6.1 B-7 0.8 1.3 1.3 3.4 6 100 100 98 66 50 35 21 16 11 3.9 5.0 B-8 0.2 2.1 1.1 3.4 6 100 100 97 68 51 36 23 16 10 4.3 4.8 B-9 0.4 2.4 xxx 2.8 8 100 99 1 96 68 1 49 36 1 21 16 1 10 3.8 1 5.5 ' B-10 0.4 1.7 1.3 3.4 6 100 100 98 69 50 35 22 15 9 4.1 5.7 Average 0.4 2.26 1.35 3.86 5.67 100 99.4 96.6 67.4 49.4 35.1 20.9 14.6 9.1 3.6 5.1 Runway 07-25 B-13 1.9 3.3 1.5 6.7 6 100 99 93 66 47 34 22 17 10 3.8 5.0 B-14 0.4 2.8 1.7 4.9 8 100 100 94 65 46 34 23 17 9 3.8 4.9 B-15 0.4 2.7 1.6 4.7 6 100 99 94 69 52 38 26 17 9 3.4 4.6 B-16 0.4 3.2 1.2 4.8 5 100 100 1 98 69 1 52 40 1 26 18 1 9 3.0 1 4.5 B-17 0.2 2.5 1.5 4.2 5 100 100 97 70 51 38 25 20 14 4.9 5.7 B-18 0.4 1.8 xxx 2.2 5 100 100 98 73 52 37 26 20 15 5.4 6.0 B-19 0.5 1.9 1.2 3.6 1 6 100 100 100 98 70 51 38 27 21 14 xxx Average 0.6 2.6 1.45 4.44 5.86 100 1 99.7 1 96.3 1 72.9 1 52.9 1 38.9 1 26.6 1 19.4 1 12.4 1 5.5 5.1 Apron Section B-20 0.3 1.2 xxx 1.5 0 100 100 95 92 86 72 52 29 19 10 xxx B -20A 0.3 1.9 xxx 2.2 0 100 100 96 91 85 70 53 31 21 11 xxx Average 0.3 1.6 xxx 1.885 0 100 100 95.5 91.5 85.5 71 52.5 30 20 10.5 xxx AIR\7:\21 BOWDES.RPT -6- 1 1 1 1 1 1 1 1 2.01.1 Subgrade Soils Subgrade soils encountered directly beneath the pavement subbase were found to be fairly uniform along the entire length of both runways and the apron. Typically, the underlying deposits consisted of fine to coarse sand, fine to coarse gravel, cobbles, and trace to some silt in varying percentages. From the test boring and test pits it was observed that the first several feet underlying the runway and a short distance adjacent to the runway consisted of fill. Since this investigation concentrated along the runway and apron, no additional subsurface investigation exploration took place elsewhere. It appears that the till was placed in some locations over peat and in others over sand and gravel to build the area up to "grade". At several locations, peat was encountered during the field investigation. Those locations are presented in Table 2-2 of this report. Table 2-2 Depths of Peat at Test Pits and Test Boring Locations Location Depths of Peat Thickness of Peat Description B-5 2' to 2'-6" 6" Moist, Slightly Compact, Dark Brown, Peat B-9 2'-9" to 3'-3" 6" Moist, Very Loose, Dark Brown, Peat B-13 5'-6" to 6'-6" 12" Wet, Loose, Dark Brown, Peat B-14 2'-6" to 3' 6" Wet, Loose, Dark Brown, Peat B-15 V to 2'-6" 18" Moist, Medium Dense, Red/Brown, Fine Sand and Peat TP -1 2'-8" to 3'-1" 5" Moist, Dark Brown, Peat TP -2 V-3" to V-11 8" Moist, Dark Brown, Peat At TP -1 the field CBR was determined 18" below grade, below the peat layer while at TP -2 the CBR was determined at 17" below grade, within the sand and peat. These depths were selected for CBR tests to obtain comparative strength values for those portions of the runway over peat compared to areas not over peat. AIR W A211 \006MM APT bA 1 r t r Due to the presence of compacted peat at several boring locations, it is suspected that the airfield was originally constructed in a marsh or wetland. Apparently, during the construction of the airfield, not all the peat was removed before backfilling with native granular material. Based upon the visual appearance of the runway pavement, the underlying peat apparently has consolidated and does not appear to be adversely affecting the performance of the pavement. With the exception of the locations listed in Table 2-3, the in-situ soil below the peat and at other locations, consisted of fine to coarse sand, fine to coarse gravel, and cobbles. At one of the boring locations (B-14) from a depth of 3' to 5' from grade a soft, non- plastic silt was encountered. This was the only boring or test pit where a predominant pure silt soil was encountered. From a particle -size analysis the sample contained 0% gravel, 43% sand, 44.5% silt, and 12.5% clay. At the remaining locations silt was encountered only in small percentages or not at all. IAIRWA21I\006\DES.RPP -8- 1 t 1 i Table 2-3 Depths of Fine -Grained Soils in Test Pits and Test Borings Location Depth Description B-2 1' to 2'-6" Fine Sand and Silt B-4 3' to 4'-4" Silty Sand B-6 2' to 3'-5" Fine Sand and Silt B-9 1' to 2'-9" Trace Silt 3'-3" to 10'-6" Fine Sand and Silt B-10 1' to 3' Sand and Silt 3' to 10'-6" Trace Silt B-11 0" to 4' Sand, Gravel, Some Silt B-12 1' to 3' Fine Sand and Silt Grading to Coarse Sand 7' to 10'-6" Fine Sand and Silt B-14 1' to 2'-6' Fine Sand and Silt 3' to 5' Soft Silt TP -1 7" to 11" Silty Sand 1'-6" to 2'-8" Silty Sand and Gravel 3'-1" to 5' Silty Fine Sand TP -2 5" to 1'-3" Silty Sand and Gravel 2'-8" to 5' Silty Sand TP -3 2'-9" to 3'-9" Silty Sand 3'-9" to 5' Silt and Sand TP -6 5" to 2'-4" Silty Sand and Gravel Laboratory tests were performed on bulk soils sampled from each of the test pit locations. Bulk soil samples were typically obtained 18" below current subgrade, under the piston of the field CBR test. Table 2-4 lists results from the particle -size analysis conducted from bulk samples from the six test pits. AIR\7:\21 I \006\DES.RPr 0 1 IlL 1 Table 2-4 Particle -Size Analysis from the Bulk Samples obtained from the Six Test Pits Percentage Passing TP -1'' TP -2 TP -3 TP -4 TP -5 TP -6 %-1" 88.7 100 93.0 93.7 78.3 87.0 %-#4 1 76.4 100 76.0 91.2 1 45.2 70.4 %-#10 66.4 100 69.5 89.7 34.8 61.0 %-#40 52.0 91.5 52.0 76.0 9.7 38.0 %-#60 43.0 83.5 43.0 57.2 4.8 28.3 %-#80 38.5 76.5 36.5 43.6 3.0 22.9 %-#100 35.5 70.0 32.5 33.0 2.0 19.0 %-#200 25.5 45.0 22.5 14.0 0.9 10.3 %-0.005mm 4.5 8.5 6.5 - - - Depth (ft) 18" 18" 18" 18" 18" 18" USCS SW SM SP -SW SP GW SW From the laboratory particle -size analysis, the percentage of fine-grained soils (passing the #200 U.S. Std. Sieve) within the six test pits ranged from 0.9% at TP -5 to 45.0% at TP -2. From the particle -size distributions listed above in Table "24", the critical soil type appears to be silty sand, SM, sand -silt mixture in TP -2. TP -2 is located at the intersection of the two runways. Since the soils encountered on-site were generally granular, Atterberg Limits were not conducted. Considering the fairly uniform nature of the subgrade soils, it is recommended that the most limiting soil type or worst case condition be selected for the pavement evaluation. The soils underlying both runways generally consist of fine to coarse sand, fine to coarse gravel, trace to some silt. The Type SM soil will be selected for analysis and design of the pavement rehabilitation. AIRWA211 \006\D&S.M -10- r__ L 1 2.01.2 Ground Water Groundwater at Elizabeth Field is relatively close to ground surface due to the close proximity to the ocean and low elevation. With the exception of B-21, the top of groundwater was observed to be at approximately 5 feet below grade during drilling. At B-21, located on a hill, 450 feet perpendicular to Runway 07-25, groundwater was not encountered. One observation well was installed on-site to monitor the water level fluctuation adjacent to the runways over time. The well, OW -1, was installed at the intersection of the two runways on the south side of the airfield. Following installation, the groundwater level within OW -1 was 4'-9" below grade. 2.01.3 Bedrock Bedrock was not encountered at any of the test borings or test pit locations. However, at borings B-11 and B-20, refusal of the spoon and augers occurred at 4' and 1', respectively. It was suspected that boring refusal occurred due to boulders which are visually evident at the shoreline and inland. This theory was not verified. 2.01.4 Subgrade Density In-place density tests were performed using the sand cone method in each of the test pit locations in accordance with ASTM D1556. Corresponding laboratory compaction tests were also performed on test pit samples in accordance with ASTM D698, to determine the relative degree of field compaction based upon standard proctor energy. Natural density or compaction of the subgrade soils in turfed areas, adjacent to the runway and apron, were generally found to be 58.6 to 107.4 percent of maximum density based upon standard proctor energy. This range in densities would appear reasonable given the range of "N" -values of borings from subgrade depth to 10.0 feet, and the soil types encountered along both runways and the apron. IAIR\7:\211\006\DES.RPT -11- [1 1 1 1 1 The natural moisture content of soil samples obtained from a majority of the test pits exceeded their optimums by as much as 28.7%, evident in TP -2. Usually, when the natural moistures exceed their optimum, natural compaction or subgrade densities decrease, thereby reducing subgrade strengths. It should be noted that these results were obtained in turfed areas adjacent to the runways, whereas subgrade densities are expected to be somewhat greater beneath the present runway and apron pavements, due to the following: compaction during original construction as well as consolidation over time, due to the imposed aircraft wheel loading and pavement deadload. localized de -watering due to the presence of the impermeable pavement cap over subgrade. Table 2-5 In -Situ and Laboratory Densities Test Depth In -Feld Measurements Standard Proctor Density Degreeof Pit (ft) (ASTM D698) Natural' Compaction Natural F Field Optimum Maximum Moisture > Density Moisture Dry Content (pcf) Content Density N (% (pcf) TP -1 18" 20.9 121.5 10.5 119.5 101.7 TP -2 17" 42.9 56.8 14.2 96.9 58.6 TP -3 17-3/8" 19.3 79.7 9.2 124.8 63.9 TP -4 17-3/8" 26.8 112.4 7.9 109.3 102.8 TP -5 17-5/8" 2.2 1 138.2 6.6 1 128.7 107.4 TP -6 20" 13.0 128.3 1 12.4 122.0 105.2 Note: The above data is based upon laboratory tests performed in accordance with ASTM D698 The high natural moisture content of the bulk sample from TP -2 is attributed to a high percentage of fine-grained soil. With over 45% passing the #200 U.S. Std. Sieve, the moisture content of the soil is expected to be higher, compared with granular soil. Table 2-5 contains in-situ and field density results from the six test pits. AIR\7:\21 I \006\DES.RPC -12- IAIR\7:M I\006\DES.RPT CBR's were performed in each of the six test pit locations, representing the various soil types encountered adjacent to the runway and apron. Both 1 -point and 3 -point laboratory CBR's (ASTM D1883) were performed on corresponding bulk samples. Field CBR's were performed in accordance with ASTM D4429, with laboratory CBR's performed in accordance with ASTM D1883. Table 2-6 contains results of field and laboratory CBR tests. -13- 2.01.5 Subgrade Strength In order to determine the load bearing capacity of the subgrade soils, California Bearing Ratio (CBR) tests were performed both in the field and in the laboratory. The field CBR's in test dug in the Field were performed pits turf area adjacent to the runway. CBR tests were performed using a Caterpillar 425 Series II backhoe. The backhoe was set-up such that the front bucket was placed flat just off the ground surface and the rear shovel and outriggers were set to prevent movement. To ensure that the front bucket of the loader did not move while the load was being applied, the distance was measured against a fixed reference point before and after the test. For all five field CBR tests, the front bucket of the loader did not move. The field CBR tests were supervised full-time by a C&S engineer. The purpose of the field CBR's was to determine the in-situ undrained shear strength of the subgrade soil. Laboratory CBR's by comparison, were used to determine the relative strength of the same subgrade soils when compacted to varying degrees of maximum compaction. Due to the expected aircraft weight the Standard Proctor Density (ASTM D698) was used for comparison. One point field IAIR\7:M I\006\DES.RPT CBR's were performed in each of the six test pit locations, representing the various soil types encountered adjacent to the runway and apron. Both 1 -point and 3 -point laboratory CBR's (ASTM D1883) were performed on corresponding bulk samples. Field CBR's were performed in accordance with ASTM D4429, with laboratory CBR's performed in accordance with ASTM D1883. Table 2-6 contains results of field and laboratory CBR tests. -13- 1 1 1 1 Table 2-6 In -Situ and Laboratory CBR Results Test Pit Test Feld CBR Lab CBR : Lab CBR ' Soaked Lab Depth @ 0.1 "/02" Moisture Compaction , CBR (ft) Content M 0.1'/0.2- .1"/0.2"TP-1 TP-1 18" 12.8/13.3 2.2 93.0 36/42 3.9 96.5 48/52 6.5 100.0 48/63 TP -2 17" 4.0/3.5 17.6 104.1 9/12 TP -3 17-3/8" 3.8/3.2 18.0 103.0 10/13 TPA 17-3/8" 15.7/16.3 5.0 93.0 14/17 7.7 97.0 27/27 9.0 99.3 30/35 17-5/8" 19.9/17.4 6.0 136.1 38/50 EPTP-5 -6 -- 6.9/5.9 -- — -- AIR\7:\21 1\006\DES.RFT -14- The average field CBR for 0.1 " and 0.2" of penetration, was 10.5 and 9.9, respectively. Whereas the average values obtained from the soaked laboratory CBR for 0.1" and 0.2" were 28.9 and 34.6, respectively. No laboratory CBR tests were performed for TP -6. Based upon soil types encountered on-site, the design soil is the SP or SP -SW. The expected range of field CBR values according to the Federal Aviation Administration (FAA) Advisory Circular 150/5320-6C is 15 to 25 for Type SP soils. 2.01.6 Frost Depth Analysis Frost penetration analysis and design is not required for this airfield due to the airport classification as a general aviation airfield and the mild climate. AIR\7:\21 1\006\DES.RFT -14- 1 1 1 1 1 1 1 1 1 1 1 2.02 CONCLUSIONS AND RECOMMENDATIONS Based upon the findings of the soils investigation program, the following conclusions and recommendations are provided: 2.02.1 Conclusions 1. According to the Federal Aviation Administration (FAA) Advisory Circular 150/5320- 6C, the critical soil with the lowest expected field CBR value is the SP or SP -SW. 2. From the field boring program it was discovered that there is no subbase material beneath the flexible pavement in the apron. 3. The average thickness of subbase under runway 12-30 and runway 07-25 was 5.67" and 5.87", respectively. The total asphalt thickness including the slurry seal, top coarse, and macadam for runway 12-30 and 07-25 was 3.86" and 4.44", respectively. The apron section does not have a subbase coarse and the total asphalt thickness averaged 1.85". 2.02.2 Recommendations 1. Considering the actual verses the expected range in CBR values for the Type SP design subgrade soils, the variable soil types and their respective CBR values, as well as their potential for high ground water levels and highly permeable natural subgrade soils, a design CBR of 10 can reasonably be selected for pavement design purposes. 2. Given the permeable nature and structural stability of the subgrade soils encountered, no geotechnical engineering fabric or underdrains are recommended. AIR\7:\21 1\006\DES.RPT END OF SECTION -15- I SECTION 3 - BASIS OF DESIGN 1 3.01 PAVEMENT DESIGN A pavement evaluation study of the airfield pavements was commissioned in order to determine the existing condition of the pavements and to develop rehabilitation alternatives. The evaluation of a pavement involves a visual inspection of the pavement to identify visible pavement distress, a subsurface and pavement investigation program to determine the physical properties of the pavement materials and subgrade soils, and the analysis of the results of both the visual inspection and subsurface and pavement investigation program in order to develop rehabilitation alternatives. The conclusions and recommendations are included in this report. A visual inspection of airfield pavements was conducted on October 15, 1991 to determine their present condition. The results of the visual inspection are presented making use of pavement distress definitions outlined in Federal Aviation Administration Advisory Circular 150/5380-6, entitled, "Guidelines and Procedures for Maintenance of Airport Pavements". The existing and required airfield pavement strength and rehabilitation alternatives were determined in accordance with FAA AC 150/5320-6C, entitled, "Airport Pavement Design and Evaluation" and FAA AC 150/5300-13, entitled, "Airport Design". The 1989 Airport Layout Plan, and results of the visual pavement inspection, and soil and pavement investigation program served as the basis for evaluating the existing pavement and developing rehabilitation alternatives. 3.01.1 Conclusions 1. The existing parking apron has completely failed and can not be rehabilitated without complete reconstruction of the pavements. Reconstruction is not recommended, however, because the existing apron is located within the Runway 7-25 Object Free Area. 2. The aircraft parking apron should receive an emulsified asphalt slurry seal to preserve AIR\7:\21 I \IXM\DE3. RPT -16- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 the pavement until a new apron is constructed. 3. The existing Airport pavements should be designed for single gear aircraft with gross weights less than 12,500 pounds. 4. Airport geometries and design should be in accordance with Airplane Design Group I standards. 5. Existing runway pavement strengths are greater than 12,500 pounds, single gear. 6. Both Runways 7-25 and 12-30 require bituminous maintenance overlays in order to correct existing pavement defects. 7. The unique location of the Airport will substantially increase construction costs. 8. Standard construction unit costs should be increased by 35% to account for the Island's unique location. 3.01.2 Recommendations 1. Rehabilitate Runway 7-25 with a maintenance overlay to a length and width of 1,790 feet and 75 feet respectively. 2. Rehabilitate Runway 12-30 with a maintenance overlay to a length and width of 2,328 feet and 100 feet respectively. 3. Slurry seal the existing aircraft parking apron as a short-term measure to preserve the pavement until the proposed new apron is constructed. 4. Repair the existing concrete pavement overrun joints where appropriate. AIR\7:\211\006\DES.RPT -17- 1 3.02 PAVEMENT GEOMETRICS The Airfield is presently classified as a Design Group I Approach Category B with a non - precision approach. The required runway width of Runway 12-30 is only 75 feet, however, to utilize existing drainage and lighting systems, the entire 100 foot width will be overlaid. 1 3.03 SURFACE GRADIENTS 3.03.1 Runway Transverse Grades Federal Aviation Administration Circular 150/5300-13 recommends that runway pavements for Approach Category A and B aircraft be crowned in the center and have transverse grades of 1 to 2 percent to prevent the accumulation of water on the pavement surface. For the design of this project, a transverse grade of 1% to 1.5% was utilized throughout the project except where Runway 7-25 meets Runway 12-30. In this intersection the Runways transition as Irequired to meet the existing grades and one another. 3.03.2 Runway Longitudinal Grades The Federal Aviation Administration recommends that runway longitudinal grades not exceed ±2% and grade changes not exceed ±2% for runways for approach category A and B aircraft. In design, longitudinal grades and grade changes are attempted to be kept to a minimum. The absence for the need of vertical curves in the runway profile attests to the slightness of grades and grade changes. The maximum centerline longitudinal grade in this project is approximately I%. AIR\7:\211\006\DFS.RPT -18- 3.04 DRAINAGE The runway's surface is presently drained by a closed system located along the shoulder area. No modifications are required to the existing system for this project. 3.05 SAFETY AREAS The safety area for the runway is 120 feet wide as shown in FAA AC 150/5300-13 Airport Design Advisory Circular. 3.06 MARKINGS The runway shall be marked in accordance with FAA AC 150/5340 for Design Group I Category g P g Y B non -precision approach facilities. This marking includes runway centerline marking, edge striping, fixed distance remaining markers, threshold bars, numerals, and chevrons on the runway shoulders. 3.07 LIGHTING AND SIGNAGE No lighting improvements were in the scope of this project. Four new runway intersection signs shall be included in this project. 3.08 FAILURE TO COMPLETE ON TIME Should the Contractor fail to complete the Runway 7-25 & 12-30 Overlay project within 50 working days as stipulated in the Contract Documents, the sum of $1,000.00 per day will be deducted from any money due him. The money shall not be deducted as a penalty, but shall be considered a reasonable portion of damages incurred by the Owner. Such damages include the employment of the IResident Engineer and his assistants on the project. AIR\7:\211\006\DES.RPT -19- IREFERENCES 1 i ARMY TM 5-818-2. 1985. Pavement Design for Seasonal Frost Conditions. Air Force AFM 88-6, Chapter 4. Department of the ARMY and the Air Force. January 1985. ASTM. 1990. American Society for Testing and Materials, Annual Book of Standards. Philadelphia, Pa. FAA Advisory Circular No. 150/5320-6C. 1978. Airport Pavement Design and Evaluation. Department of Transportation, Federal Aviation Administration. 12/7/78. FAA -RD -74-30. 1974. Design of Civil Airfield Pavements for Seasonal Frost and Permafrost Conditions. AIR\7:\211\006\DES.RPT -20- APPENDICES 1 L 1 CO ri 1 1 1 �J 1 APPENDIX A GEOTECHNICAL DATA 1 1 11 i ' APPENDIX B � PAVEMENT DESIGN DATA 1 11, r 1 Fj Fil J 1 �I J 1 1 11 1 1 APPENDIX C PHOTOGRAPHS FIGURES 1 Fj i 11 i I t 1 FIGURE NO. 1 GENERAL PLAN I 1 1 FIGURE NO. 2 BORING PLAN i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FIGURE NO. 3 TOPOGRAPHIC SURVEY CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF RUNWAY 7-25 & 12-30 OVERLAY ELIZABETH FIELD AIRPORT TOWN OF SOUTHOLD FISHERS ISLAND, NEW YORK FAA AIP PROJECT NO. 3-36-0029-06/07-92 NYSDOT PROJECT NO. 0913.06/07 NOVEMBER 1992 50% REVIEW COPY t t 1 t t 1 w 1 211.006 CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF RUWAY 7-25 & 12-30 OVERLAY ELIZABETH FIELD AIRPORT TOWN OF SOUTHOLD FISHERS ISLAND, NEW YORK FAA AIP PROJECT NO. 3-36-0029-06/07-92 NYSDOT PROJECT NO. 0913.06/07 NOVEMBER 1992 CALOCERINOS & SPINA ENGINEERS, P.C. 1020 Seventh North Street Liverpool, New York 13088 Ronald L. Peckham, P.E. - N.Y.S.P.E. Lie. No. 56719 NO ALTERATION PERMITTED HEREIN EXCEPT AS PROVIDED UNDER SECTION 7209 SUBDIVISION 2 OF THE NEW YORK STATE EDUCATION LAW. 1 ADVERTISEMENT TABLE OF CONTENTS 11 11/91 TOC -1 QUANTITIES FOR CANVASS OF BIDS GENERAL PROVISIONS Section 10 - Definition of Terms Section 20 Proposal Requirements Conditions - and 20-01 - Notice to Contractors 20-02 - Prequalification of Bidders 20-03 - Contents of Proposal Form 20-04 - Issuance of Proposal Forms 20-05 - Interpretation of Estimated Proposal Quantities 20-06 - Examination of Plans, Specifications and Site 20-07 - 20-08 - Preparation of Proposal Irregular Proposals 20-09 - Proposal Guarantee 20-10 - Delivery of Proposal 20-11 - Withdrawal or Revision of Proposals 20-12 - Public Opening of Proposals 20-13 - Disqualification of Bidders 20-14 - Material Guarantee 20-15 - Requirements for Corporation, Firm, Partnership or Individual from Different States 20-16 - Public Liability Insurance for Construction Contract 20-17 - Addenda and Interpretation 20-18 - Sales Tax Exemption 20-19 - State Provisions 20-20 - General Municipal Law and State Finance Law 20-21 - Equal Employment Opportunity Requirements 20-22 - State and Federal Participation 20-23 - Wage Rates Section 30 - Award and Execution of Contract 30-01 - Consideration of Proposals 30-02 - Award of Contract 30-03 - Cancellation of Award 30-04 - Return of Proposal Guarantee 30-05 - Requirements of Contract Bonds ►- 30-06 - Execution of Contract 30-07 - Approval of Contract 30-08 - Failure to Execute Contract 30-09 - Commencement and Completion 30-10 Power of Attorney 30-11 - Contract Drawings Furnished to Contractors Bid Agreement 11 11/91 TOC -1 r_ Section 40 - Scope of Work Authority of the Engineer 40-01 - Intent of Contract Conformity with Plans and Specifications 40-02 - Alteration of Work and Quantities Coordination of Contract, Plans and Specifications 40-03 Omitted Items Cooperation of Contractor 40-04 - Extra Work Cooperation Between Contractors 40-05 Maintenance of Traffic Construction Layout and Stakes 40-06 - Removal of Existing Structures Automatically Controlled Equipment 40-07 - Rights In and Use of Materials Found In the Work t 40-08 - Final Cleaning Up Inspection of the Work 40-09 - Debris Removal of Unacceptable and Unauthorized Work 40-10 - Subsurface Conditions r Section 50 - Control of Work 50-01 - Authority of the Engineer r 50-02 - Conformity with Plans and Specifications 50-03 - Coordination of Contract, Plans and Specifications 50-04 - Cooperation of Contractor 50-05 - Cooperation Between Contractors 50-06 - Construction Layout and Stakes 50-07 Automatically Controlled Equipment 50-08 - Authority and Duty of Inspectors 50-09 Inspection of the Work 70-01 - 50-10 - Removal of Unacceptable and Unauthorized Work 70-02 - 50-11 - Load Restrictions 70-03 - 50-12 - Maintenance During Construction 70-04 - 50-13 - Failure to Maintain the Work 70-05 - 50-14 - Partial Acceptance 70-06 - 50-15 - Final Acceptance 50-16 - Claims for Adjustment and Disputes 50-17 - Shop and Setting Drawings 50-18 - Electrical Shop Drawings 50-19 - Shop Drawing Approval Procedure 50-20 - Removal of Water 50-21 - Sheeting and Bracing Section 60 - Control of Materials 60-01 - Source of Supply and Quality Requirements r 60-02 - Samples, Tests and Cited Specifications 60-03 - Certification of Compliance 60-04 - Plant Inspection 60-05 - Field Office 60-06 - Storage of Materials 60-07 - Unacceptable Materials 60-08 - Owner -Furnished Materials Section 70 - Legal Relations and Responsibility to Public 70-01 - Laws to be Observed 70-02 - Permits, Licenses and Taxes 70-03 - Patented Devices, Materials and Processes 70-04 - Restoration of Surfaces Disturbed by Others 70-05 - Federal Aid Participation 70-06 - Sanitary, Health and Safety Provisions 11/91 TOC -2 1.] i 1� 1 El 9 11 Section 80 - Prosecution and Progress 80-01 - Subletting of Contract 80-02 - Notice to Proceed 80-03 - Prosecution and Progress 80-04 - Limitation of Operations 80-05 - Character of Workers, Methods and Equipment 80-06 - Temporary Suspension of the Work 80-07 - Determination and Extension of Contract Time 80-08 - Failure to Complete on Time 80-09 - Default and Termination of Contract 80-10 - Termination for National Emergencies 80-11 - General Airport Operating Requirements 80-12 - Specific Airport Operating Requirements 80-13 - Night Work 80-14 - Occupancy Areas 80-15 - Safety on Airports During Construction Activities Section 90 - Measurement and Payment 90-01 - Measurement of Quantities 90-02 - Scope of Payment 90-03 - Compensation for Altered Quantities 90-04 - Payment for Omitted Items 90-05 - Payment for Extra and Force Account Work 90-06 - Partial Payments 90-07 - Payment for Materials on Hand 90-08 - Acceptance and Final Payment 90-09 - Guarantee 90-10 - Security for Guarantee 90-11 - Lien Law 1 11/91 TOC -3 70-07 - Public Convenience and Safety 70-08 - Barricades, Warning Signs and Hazard Markings 70-09 - Use of Explosives 70-10 - Protection and Restoration of Property and Landscape 70-11 - Responsibility for Damage Claims 70-12 - Third Party Beneficiary Clause 70-13 - Opening Sections of the Work to Traffic 70-14 - Contractors Responsibility for Work 70-15 - Contractors Responsibility for Utility Service and Facilities of Others 70-16 - Furnishing Rights -of -Way 70-17 - 70-18 - Personal Liability of Public Officials No Waiver of Legal Rights 70-19 - Environmental Protection 70-20 - Archaeological and Historical Findings 70-21 - New York State Department of Transportation, Airport Development Contract Requirements 70-22 - Required Provisions for Federally Assisted Airport Construction Projects 70-23 - General Municipal and State Finance Law 70-24 - New York State Participation 1.] i 1� 1 El 9 11 Section 80 - Prosecution and Progress 80-01 - Subletting of Contract 80-02 - Notice to Proceed 80-03 - Prosecution and Progress 80-04 - Limitation of Operations 80-05 - Character of Workers, Methods and Equipment 80-06 - Temporary Suspension of the Work 80-07 - Determination and Extension of Contract Time 80-08 - Failure to Complete on Time 80-09 - Default and Termination of Contract 80-10 - Termination for National Emergencies 80-11 - General Airport Operating Requirements 80-12 - Specific Airport Operating Requirements 80-13 - Night Work 80-14 - Occupancy Areas 80-15 - Safety on Airports During Construction Activities Section 90 - Measurement and Payment 90-01 - Measurement of Quantities 90-02 - Scope of Payment 90-03 - Compensation for Altered Quantities 90-04 - Payment for Omitted Items 90-05 - Payment for Extra and Force Account Work 90-06 - Partial Payments 90-07 - Payment for Materials on Hand 90-08 - Acceptance and Final Payment 90-09 - Guarantee 90-10 - Security for Guarantee 90-11 - Lien Law 1 11/91 TOC -3 SPECIAL PROVISIONS Item Number Description P-152 Excavation and Embankment P-156 Temporary Air and Water Pollution, Soil Erosion and Siltation Control P-214 Crushed Stone Base Course P-409 Bituminous Concrete Pavement P-603 Bituminous Tack Coat P-605 Joint Sealing Filler P-612 Field Office P-620 Runway and Taxiway Painting P-625 Coal -Tar Pitch Emulsion Seal Coat D-712 Bank and Channel Protection T-901 Seeding T-905 Topsoiling T-908 Mulching M-100 Maintenance and Protection of Traffic M-150 Project Survey and Stakeout M-200 Mobilization PLANS Sheet Number Title 1 Title Sheet 2 General Plan 3 Grading Plan and Profile 4 Grading Plan and Profile 5 Grading Plan, and Profile 6 Grading Plan and Profile 7 Marking Plan 8 Details END OF SECTION 11/91 TOC -4 1 L, 1 F 1 i C 11, 1 a 1 ADVERTISEMENT NOTICE TO CONTRACTORS FOR THE CONSTRUCTION OF RUNWAY7-25 & 12-30 OVERLAY AT THE ELIZABETH FIELD AIRPORT Sealed bids for the construction of Runway 7-25 & 12-30 Overlay Contract will be received at the Town Clerk's Office, 53095 Main Road, Southold, New York until p.m., local time, , 1993, and there, at said office, at said time, publicly opened and read aloud. The project includes the construction of Runway 7-25 & 12-30 bituminous overlay which are approximately 2,100 feet by 75 feet and 2,800 feet by 100 feet respectively. The work generally includes pavement cleaning, crack repairs, bituminous pavement, and marking improvements. The Contract Documents, consisting of the Advertisement, General Provisions, Bid, Agreement, Special Provisions and Contract Drawings, may be obtained only from the Town Clerk's Office, 53095 Main Road, Southold, New York (516-765-1801), upon deposit of fifty dollars ($50.00) per set (check only). Any bidder, submitting a sealed bid, upon returning the drawings in good condition within thirty (30) days of the bid date will be refunded the full amount of his deposit. Non -bidders will not be refunded their deposits. Parties failing to conform to the above conditions within the prescribed allotted time shall forfeit their deposits as heretofore set forth and shall have no recourse against the Town of Southold for refunds of the Plans and Specifications deposit. Copies of the above described Contract Documents may be examined at no expense at the Town Clerk's Office, 53095 Main Road, Southold, New York and at the Office of Calocerinos & Spina Engineers, P.C., 1020 Seventh North Street, Liverpool, New York, (315-455-7981), and at the Fishers Island Ferry District Office on Fishers Island, (516-788-7463). Each bid must be accompanied by a certified check or bid bond, in the amount of five percent (5%) of the total maximum bid price (combination of base bid or alternate bid plus add-on items) for the contract in the form and subject to the conditions provided in the Preparation of Proposal. The right is reserved to waive any informalities in the bid and to reject any and all bids. TOWN OF SOUTHOLD END OF SECTION 1 11/91 ADV -1 SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these Specifications, in the Contract, in any documents or other instruments pertaining to construction where these Specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids -for work to be performed and materials to be furnished. 10-04 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-05 AIR OPERATIONS AREA. For the purpose of these Specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway or apron. 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft and includes its buildings and facilities, if any. The name of the Airport for which bids are being taken is the Elizabeth Field Airport, Town of Southold, Fishers Island, New York. 10-07 ASTM. The American Society for Testing and Materials. 10-08 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. 10-09 BIDDER. Any individual, partnership, firm or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10 BUILDING AREA. An area on the airport to be used, considered or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Every day shown on the calendar. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the Plans, Specifications or proposal quantities and establishing the basis of payment and Contract time adjustment, if any, for the work affected by such changes. The work, covered by a Change Order, shall be within the scope of the Contract. 10-13 CONTRACT. The written Agreement covering the work to be performed. The awarded Contract shall include but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance 11/91 GP 10-1 1 Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans; and any addenda issued to bidders. I 10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the Contract. 10-15 CONTRACT TIME. The number of calendar days or working days stated in the proposal, allowed for completion of the Contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the Contract shall be completed by that date. 10-16 CONTRACTOR. The individual, partnership, firm or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the Contract work. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER. The individual, partnership, firm or corporation duly authorized by the Owner (sponsor) to be responsible for engineering supervision of the Contract work and acting directly or through an authorized representative. The Consulting Engineers as a duly authorized representative is Calocerinos & Spina Engineers, P.C., 1020 Seventh North Street, Liverpool, New York 13088. 10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-20 EXTRA WORK. An item of work not provided for in the awarded Contract, as previously modified by Change Order or Supplemental Agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the Contract as previously modified. 10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. They may be obtained from: DODSSP Standardization Document Order Desk 700 Robbins Avenue, Bldg. 4D Philadelphia, PA 19111-5094 10-23 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. The Inspector shall be represented from the firm of Calocerinos & Spina Engineers, P.C. 10-24 INTENTION OF TERMS. Whenever, in these Specifications or on the Plans, the words "directed," "required," "permitted," 'ordered," "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like 11/91 GP 10-2 1 import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the Contract Specifications or a cited standard shall be interpreted to include all general requirements of the entire section, Specification item, or cited standard that may be pertinent to such specific reference. 10-25 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. 10-26 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-27 MAJOR AND MINOR CONTRACT ITEMS. A major Contract Item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than twenty percent (20%) of the total amount of the awarded Contract. All other items shall be considered minor Contract Items. 10-28 MATERIALS. Any substance specified for use in the construction of the Contract work. 10-29 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual Contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the Contract time begins. 10-30 OWNER (SPONSOR). The term Owner shall mean the party of the first part or the contracting agency signatory to the Contract. For AIP Contracts, the term sponsor shall have the same meaning as the term Owner. Whenever the words "Owner,' "Town," "Town of Southold" or "Party of the first part" are used, the same are understood to mean the Town of Southold, New York or its representative duly authorized to act. 10-31 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-32 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-33 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the Contract. 10-34 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the Contract, supplementary to the Specifications. 10-35 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. The project includes the construction of Runway 7-25 & 12-30 bituminous overlay which are approximately 2,100 feet by 75 feet and 2,800 feet by 100 feet respectively. The work generally includes pavement cleaning, crack repairs, bituminous pavement, and marking improvements. 10-36 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to �r perform the contemplated work and furnish the necessary materials in accordance with the provisions of 11/91 GP 10-3 the Plans and Specifications. 10-37 PROPOSAL GUARANTY. The security furnished with a P P osaro l to guarantee that the bidder will enter into a Contract if his/her proposal is accepted by the Owner. 10-38 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-39 SPECIFICATIONS. A part of the Contract containing the written directions and requirements for completing the Contract work. Standards for specifying materials or testing which are cited in the Contract Specifications by reference shall have the same force and effect as if included in the Contract physically. 1040 STRUCTURES. Airport facilities; such as, bridges, culverts, catch basins, inlets, retaining walls, cribbing, storm and sanitary sewer lines, water lines, underdrains, electrical ducts, manholes, handholes, lighting fixtures and bases, transformers, flexible and rigid pavements, navigational aids, buildings, vaults, and other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 1041 SUBGRADE. The soil which forms the pavement foundation. Am 1042 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 1043 SUPPLEMENTAL AGREEMENT. A written Agreement between the Contractor and the Owner covering: 1) work that would increase or decrease the total amount of the awarded Contract, or any major Contract Item, by more than twenty-five percent (25%), such increased or decreased work being within the scope of the originally -awarded Contract, or 2) work that is not within the scope of the originally -awarded Contract. 1044 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the Owner by the Contractor. 1045 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 1046 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the Contract, Plans, and Specifications. 1047 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday, on which the normal working forces of the Contractor may proceed with regular work for at least six (6) hours toward completion of the Contract. Unless work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. 1048 DATUM. All elevations shown on the Plans refer to USGS Datum, unless otherwise shown or specified. 1049 EQUIVALENTS. Whenever in these Specifications any particular brand, material or device is specified, with or without the term "or equal" or "other approved" or similar qualification, it is to be regarded as indicating the standard of excellence required. Another brand, material or device of equal merit in the opinion of the Engineer may be used, provided that the Contractor in his bid or proposal has stated what article he proposed to furnish in place of that specified. In case no such statement is made, 11/91 GP 10-4 11 the Contractor will be considered to contemplate the particular goods named. 10-50 RESIDENT ENGINEER. The representative of the Owner directly. in charge of the work. For this project, the Resident Engineer will be the firm of Calocerinos & Spina Engineers, P.C. END OF SECTION t 1 t i t 11/91 GP 10-5 t SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 NOTICE TO CONTRACTORS. A. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as amended). 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals for minority and female participation, expressed in percentage terms for the Contractor's Work Force on all construction work in the covered area, are as follows: Goals for Minority Goals for Female Participation Participation 5.8% 6.9% These goals are applicable to all the Contractor's Construction Work Force (whether or not it is Federal or Federally -assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the Contractor goals shall be a violation of the Contract, the executive order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the Contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the Contract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Suffolk County, New York. 5. BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant 11/91 GP 20-1 1 issued under the Airport Improvement Program. The following terms apply: 1. Steel and Manufactured Products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (b) (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components exclusive of final assembly labor costs. (b) The successful bidder will be required to deliver and to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, except those - (1) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; (2) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or (3) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. I B. Bidders are hereby notified that all bids may be rejected if the lowest responsive bid received exceeds the Engineer's Opinion of Construction Cost by more than seven percent (7%) and it is determined that an award of Contract would cause excessive inflationary impact. 20-02 PREQUALIFICATION OF BIDDERS. Each bidder may be required to furnish the Owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder may be required to furnish the Owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement -or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the Owner. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the Owner within forty-eight (48) hours after the time such evidence is requested. 20-03 CONTENTS OF PROPOSAL FORMS. The Owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The Plans, Specifications, and other documents designated in the proposal form shall be considered a part of the proposal. 11/91 GP 20-2 D. Unsatisfactory work on previous contracts with the Owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these Specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the Contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the Plans and Specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, Plans, Specifications, and Contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed Contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed Contract, Plans and Specifications. Boring logs and other records of subsurface investigations and tests, if applicable, are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the Plans, Specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. 20-07 PREPARATION OF PROPOSAL. DO NOT REMOVE the bid forms from this book. All Contract Documents, except the separately bound Contract Drawings, must be submitted with the bid. The bidder shall submit his/her proposal on the forms attached hereto. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each payment item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. DO NOT ROUND OFF NUMERALS. Bids will be compared, computed and canvassed on the basis of the approximate estimate and quantities stated in the bid. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the State under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. 11/91 GP 20-3 20-04 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to refuse to issue a proposal form a prospective bidder should such bidder be in default for any of the following reasons: A. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the Owner issues the proposal to a prospective bidder. C. Contractor default under previous contracts with the Owner. D. Unsatisfactory work on previous contracts with the Owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these Specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the Contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the Plans and Specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, Plans, Specifications, and Contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed Contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed Contract, Plans and Specifications. Boring logs and other records of subsurface investigations and tests, if applicable, are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the Plans, Specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. 20-07 PREPARATION OF PROPOSAL. DO NOT REMOVE the bid forms from this book. All Contract Documents, except the separately bound Contract Drawings, must be submitted with the bid. The bidder shall submit his/her proposal on the forms attached hereto. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each payment item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. DO NOT ROUND OFF NUMERALS. Bids will be compared, computed and canvassed on the basis of the approximate estimate and quantities stated in the bid. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the State under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. 11/91 GP 20-3 Each bidder is required to state in his bid the names and places of residence of any and all persons interested in the bid; that the bid is made without any connection with any person making another bid for the same contract; and that it is in all respects fair and without collusion or fraud. Each bid must be made upon the printed proposal, which is part of this notice, sealed with a standard envelope and endorsed upon the outside of the envelope with the name of the work to which the enclosed bid relates. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: A. If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, It or if any part of the proposal form is detached. B. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. C. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. D. If the proposal contains unit prices that are obviously unbalanced. r E. If the proposal is not accompanied by the proposal guaranty specified by the Owner. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 PROPOSAL GUARANTY. Each separate proposal shall be accompanied by a certified check or bid bond payable to the order of the Town of Southold in the amount of five percent (5%) of the total maximum bid price (combination of base bid or alternate bid plus add-on items) for the Contract. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably certified, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that bidder's request for withdrawal is received by the Owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the Advertisement before the time specified for opening all bids. No bid will be accepted from or Contract awarded to any person who is in arrears to the Owner upon debt of Contract or who is in default, as Surety or otherwise, upon any obligations to the said Owner. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened and read, publicly at the time and place specified in the Advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals received after the time specified for opening bids shall be returned to the bidder unopened. 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: A. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. i 11/91 GP 20-4 1 I B. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder. C. If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. 20-14 MATERIAL GUARANTY. Before any Contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the work, together with samples, which may be subjected to the tests provided for in these Specifications to determine their quality and fitness for the work. 20-15 REQUIREMENTS FOR CORPORATION, FIRM, PARTNERSHIP, OR INDIVIDUAL FROM DIFFERENT STATES. Before any Contract is awarded, a bidder from another State or possession, other than that in which the proposed work is located, must conform to the statutes of that State and may be required to furnish a certificate from the Secretary of State showing that he is authorized to do business in the State or possession. 20-16 PUBLIC LIABILITY INSURANCE FOR CONSTRUCTION CONTRACT. The Contractor is hereby advised that the insurance requirements speed in this section shall be provided. Additional insurance requirements of the State of New York are specified in Section 70-21, Subsection C and any additional requirements or increased limits included therein shall also be provided. The Contractor and each Subcontractor, at his own expense, shall procure and maintain until final acceptance by the Owner, of the work covered by the Contract, insurance for liability for damages imposed by law of the kinds and in the amounts hereinafter provided, in insurance companies authorized to do such business in the State covering all operations under the Contract whether performed by the Contractor or by Subcontractors. Before commencing the work, the Contractor and each Subcontractor shall furnish to the Owner one (1) copy of the original policy or certified copy thereof together with four (4) duplicate copies for each of the kinds of insurance required, issued specifically for this Contract. No endorsements of existing policies will be accepted. In addition, five (5) certificates of insurance shall be furnished satisfactory in form to the Owner showing that the Contractor and each Subcontractor has complied with this Section. The policies and certificates shall provide that the policies shall not be changed or canceled until thirty (30) days after written notice to the Owner. Property damage insurance must in all instances include coverage for explosion, collapse and underground operations (X C U hazards). A. The kinds and amounts of insurance are as follows: 1. Liability and Property Damage Insurance. Unless otherwise specifically required, each policy with limits of not less than: Bodily Injury Liability Property Damage Liability Each Person Each Occurrence Each Accident Aggregate $1,000,000 $3,000,000 $1,000,000 $3,000,000 B. For all damages arising during the policy period shall be furnished in the following specified types: 1. Contractor's Liability Insurance issued to and providing coverage to the Contractor for liability for damages imposed by law upon the Contractor with respect to all work performed by him under the Contract. 2. Contractor's Liability Insurance issued to and providing coverage to each Subcontractor for liability for damages imposed by law upon each Subcontractor with respect to all work performed by said Subcontractor under the contract. J3. Contractor's Protective Liability Insurance issued to and providing coverage to the Contractor for 1 11/91 GP 20-5 liability for damages imposed by law upon the Contractor with respect to all work under the Contract performed for the Contractor by Subcontractors. 4. Protective Liability Insurance issued to and providing coverage to the Owner, Calocerinos & Spina Engineers, P.C., the Federal Aviation Administration (FAA), the State of New York including the Commissioner, and all employees or other representatives of each of them, both officially and personally for all liability for damages with respect to all operations under the Contract, including omissions and supervisory acts of the Owner, Calocerinos & Spina Engineers, P.C., the FAA, the State including the Commissioner and their employees or other representatives. 5. Contractual Liability Insurance issued to and providing coverage to the Owner for liability imposed by Contract upon the Owner for work performed on private land with respect to all operations under the contract by the Contractor or by his Subcontractors. 6. Completed Operations Liability Insurance issued to and providing coverage to the Contractor for liability for damages imposed by law upon the Contractor and each Subcontractor arising between the date of the certification of completion of the work and the date of expiration of the guarantee. 7. Automobile Insurance. Automobile public liability and property damage insurance covering all claims against the Contractor, each Subcontractor and the Owner, as a result of work under the contract, shall be provided by the Contractor in the following amounts. Bodily IniuEy Liability Property Damage Liability Each Person Each Accident Each Accident $1,000,000 $3,000,000 $1,000,000 20-17 ADDENDA AND INTERPRETATION. No interpretation of the meaning of the Plans, Specifications and other portion of the Contract Documents will be made orally. Every request for such interpretation must be in writing and addressed to Calocerinos & Spina Engineers, P.C., 1020 Seventh North Street, Liverpool, New York 13088, and to be given consideration must be received at the above address at least seven (7) days prior to the date fixed for opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda, which, when issued, will be sent by certified mail, with return receipt requested, to all holders of Contract Documents at the respective addresses furnished for such purposes, not later than twenty-four (24) hours prior to the date fixed for the opening of bids. Failure of any Bidder to receive any such addenda or interpretation shall not relieve said Bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. 20-18 SALES TAX EXEMPTION. The Owner is exempt from payment of Sales and Compensating Use Taxes of the State of New York and of cities and counties on all materials and supplies sold to the Owner pursuant to the provisions of this Contract. These taxes are not to be included in bids. This exemption does not, however, apply to tools, machinery, equipment or other property leased by or to the Contractor or a Subcontractor to materials and supplies of any kind which will not be incorporated into the completed project, and the Contractor and his Subcontractors shall be responsible for and pay any and all applicable taxes including Sales and Compensating Use Taxes on such leased tools, machinery, equipment or other property or on such unincorporated materials and supplies, and the provisions set forth below will not be applicable to such tools, machinery, equipment, property and unincorporated materials and supplies. The Contractor agrees to sell, free of encumbrances, and the Owner agrees to purchase all of the materials and supplies (except as above set forth) required, necessary or proper for or incidental to the construction of the Project covered by this agreement. Title to all materials and supplies to be sold by the Contractor to the Owner, pursuant to the provisions of the Contract, shall immediately vest in and become the sole property of the Owner upon delivery of such materials and supplies to the Project site. The Contractor shall mark or otherwise identify all such materials and supplies as the property of the Owner. The Contractor, at the request of the Owner, shall furnish to the Owner such confirmatory bills of sale and other instruments as may be required by it, properly executed, acknowledged and delivered, confirming to the Owner, title to such materials and supplies free of encumbrances. I 11/91 GP 20-6 I r 1 In the event that after title has passed to the Owner any of such materials and supplies are rejected as being defective or otherwise unsatisfactory, title to all such materials and supplies shall upon such rejection revert in the Contractor. The sum paid under this Agreement shall be deemed to be in full consideration for the performance by the Contractor of all his duties and obligations under this Agreement in connection with said sale. The Contractor agrees to construct the Project and to furnish and perform all work and labor required, necessary or proper for or incidental thereto, except that the materials and supplies sold to the Owner under the preceding paragraph shall be furnished by the Owner to the Contractor for use in the performance of said work and labor, and the sum paid pursuant to this Agreement shall be deemed to be in full consideration for the performances by the Contractor of all his duties and obligations under this Agreement in connection with said work and labor. The purchase by the Contractor of the materials and supplies sold hereunder will be a purchase or procurement for resale to the Owner (an organization described in subdivision (a) of Sec. 1116 of the Tax Law of the State of New York) and therefore not subject to the New York State Sales or Comnensatine Use or any such taxes of cities and counties. The sale of such materials and supplies by the Contractor to the Owner will not be subject to the aforesaid Sales and Compensating Use Taxes. The purchase by Subcontractors of materials and supplies to be sold hereunder will also be a purchase or procurement for resale to the Contractor (either directly or through other Subcontractors), and ultimately to the Owner, and therefore not subject to the aforesaid Sales and Compensating Use Taxes, provided that the Subcontract Agreements provide for the resale of such materials and supplies prior to and separate and apart from the incorporation of such materials and supplies into the permanent construction and that such Subcontract Agreements are in a form similar to this Contract with respect to the separation of the sale of materials and supplies from the work and labor to be provided. If as a result of such sale of materials and supplies (1) any claim is made against the Contractor of any Subcontractor by the State of New York or any city or county for Sales or Compensating Use Taxes on the aforementioned materials and supplies or (2) any claim is made against the Contractor or any Subcontractor by a materialman or a Subcontractor on account of a claim against such materialman or Subcontractor by the State of New York or any city or county for Sales or Compensation Use Taxes on the aforementioned materials and supplies, then, if the Contractor and Subcontractor have complied with the provisions of this Contract relating thereto, the Owner will reimburse the Contractor or any Subcontractor, as the case may be, for an amount equal to the amount of such tax required to be paid in accordance with the requirements of law, provided that: A. 1. The Subcontract- Agreements in connection with this Contract, provide for the resale of such materials and supplies, prior to and separate and apart from the incorporation of such materials and supplies into the permanent construction. 2. Such Subcontract Agreements are in a form similar to this Contract with respect to the separation of the sale of materials and supplies from the other work and labor to be provided, and 3. Such separation is actually followed in practice, including the separation of payments for materials and supplies from the payments for other work and labor, and B. The Contractor and his Subcontractors and materialmen complete New York State Sales Tax Form ST120.1. (Contractor Exempt Purchase Certificate), and furnish such certificate to all persons, firms or corporations from which they purchase materials and supplies for the performance of the work covered by this Contract, and C. The Contractor and all Subcontractors maintain and keep, for a period of six (6) years after the date of final payment for the sale, or, if a claim for Sales or Compensating Use Tax is pending or threatened at the end of such six (6) year period, until such claim is finally settled, records, which in the judgment of the 1 11/91 GP 20-7 1 Department of Taxation and Finance, adequately show (1) all materials and supplies purchased by them for resale, pursuant to the provisions of this Contract and (2) all materials and supplies sold to the Owner pursuant to the provisions of this Contract, and D. The Owner is afforded the opportunity, before any payment of tax is made, to contest said claim in the manner and to the extent that the Owner may choose and to settle or satisfy said claims, and such attorney as the Owner may designate is authorized to act for the purpose of contesting, settling and satisfying said claim, and E. The Contractor and Subcontractor give immediate notice to the Owner of any such claim, cooperate with the Owner and its designated attorney in contesting said claim and furnish promptly to the Owner and said attorney all information and documents necessary or convenient for contesting said claim, said information and documents to be preserved for six (6) years after date of final payment for the sale, or if such a claim is pending or threatened at the end of such six (6) years, until such claim is finally settled. If the Owner elects to contest any such claim, it will bear the expense of such contest. Nothing in this Article is intended or shall be construed as relieving the Contractor from his obligations under this Agreement and the Contractor shall have the full continuing responsibility to install the materials and supplies purchased in accordance with the provisions of this Contract, to protect the same, to maintain them in proper condition and to forthwith repair, replace and make good any damage thereto without cost to the Owner until such time as the work covered by the Contract is fully accepted by the Owner. 20-19 STATE PROVISIONS. The bidder's attention is directed to Section 70-21 and 70-24 of the General. Provisions for Contract Provisions required by the State. 20-20 GENERAL MUNICIPAL LAW AND STATE FINANCE LAW. The bidder's attention is directed to Section 70-23 of the General Provisions for provisions relating to the General Municipal Law and State Finance Law. 20-21 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. The bidder's attention is directed to Section 70-22 of the General Provisions relating to Special Provisions, Notices and Certifications Concerning Non -segregated Facilities, Wage, Labor, EEO and Safety Requirements. 20-22 STATE AND FEDERAL PARTICIPATION. Part of the cost of this project will be funded by the New York State Department of Transportation under Project No. 0913.06/07 and the Federal Aviation Administration under the Airport Improvement Program, Project No. 3-36-0029-06/07-92 20-23 WAGE RATES. Pursuant to provisions of Section 220-A of the Labor Law, as amended, provides that it shall be the duty of the fiscal officer to make a determination of the schedule of minimum wages to be paid to all laborers, workmen and mechanics for work to be done under terms of this Contract. The amount of supplements listed on the enclosed schedules does not necessarily include all types of prevailing supplements in the locality and a future determination of the Industrial Commissioner may require the Contractor to provide additional supplements. The following wage rates have been filed: A. United States Department of Labor - Decision of th-. Secretary B. State of New York Department of Labor, prevailing Wage Rate Schedule "Whenever wage rates for the same occupation are diffBrent the Contractor shall pay tho highest wage rates." END OF SECTION 11/91 GP 20-8 GENERAL WAGE DECISION NO. NY91-13 Supersedes General Wage Decision No. NY90-13 State: NEW YORK County(ies): NASSAU AND SUFFOLK Construction Type: BUILDING, RESIDENTIAL, HEAVY & HIGHWAY 901 Construction Description: Building, Residential (includes single family home and apartments up to and including 4 sories). Heavy & Highway construction Projects. Modification Record: No. Publication Date Page No.(s) 1 Apr. 5, 1991 902 2 May 10, 1991 902-905 1 3 June 7, 1991 901 4 June 28, 1991 902-903 ® 5 July 19, 1991 902-909 6 Oct. 11, 1991 902-909 7 July 31, 1992 904-905 901 NY91-13 BASIC FRINGE HOURLY BENEFITS RATES ASBESTOS WORKERS 28.97 11.70 BOILERMAKERS 27.30 2.40+43o+a BRICKLAYERS 24.43 8.90 CARPENTERS: Nassau County (except that part South of the Southern State Parkway West of Seaford Creek, also Smithtown Islip line on the East, Long Island Sound on the North and Middle Island RR track on the South: Carpenters; Acostical; Drywall Installers: Building, Residential (under 2 stories), Heavy & Highway 25.85 11.45 Nassau County (Remainder of County): 25.66 12.46 Suffolk County: Building and Residential 24.84 12.40 Heavy and Highway 24.89 12.40 CEMENT MASONS 22.72 10.10 DIVERS 30.77 12.46 DIVERS TENDERS 23.62 12.46 DOCKBUILDERS 25.66 12..46 Piledrivermen 25.66 12.46 Soft floor layers 25.66 12.46 ELECTRICIANS: Building, Heavy & Highway 28.00 13.90 Wiring or single or multiple family dwellings and apartments up to and including 2 stories 18.90 8.02 Maintenance Unit 21.76 8.19 Installation of television receivers, radio receivers, record players, and associated apparatus and antenna and home appliances and closed circuit TV and multiple outlet distribution systems, sound and intercommunication systems and commercial electromechanical devices and appliances where such is not part of an electrical contract 11.075 b Telephone Unit 20.59 9.50 ELEVATOR CONSTRUCTORS: Elevator Constructors 24.58 6.27 + c+d Helpers 18.44 6.27 + c+d Probationary helpers 12.254 Modernization & Repair: Elevator Constructors 21.57 6.12 + c+d Helpers 16.18 6.12 + c+d Probationary helpers 10.73 GLAZIERS 19.80 8.80 902 (Oct. 11, 1991) VOL. I I 1K. Painters & drywall finishers 23.88 10.48 903 (Oct. 11, 1991) VOL. I NY91-13 SWING SCAFFOLD IRONWORKERS: 20.80 8.80 Structural 21.50 20.68 Ornamental finsher 22.60 17.45 Stone derrickmen & Riggers 22.72 15.19 LABORERS: Building 21.00 8.03 Plasterers tenders 20.50 6.10 Heavy & Highway: Concrete & asphalt rakers 21.18 7.66+ e Asphalt workers & roller workers; asphalt top shovelers & smoothers; asphalt tampers 20.72 7.66+e Jackhammers and drill men; carpenters' tenders; pipe joiners and setters; concrete laborers (structures); stone spreading laborers; trackmen; grading & excavating laborers; yard laborers; puddlers on concrete pavement; asphalt plant (batcher & hoppermen), all other unskilled laborers (other than above on concrete) 19.22 7.66+ e MARBLE SETTERS: Cutters & Setters 13.93 4.19 + f Carvers 14.48 4.19 + f Polishers 14.89 2.90 + f Crane Operators; Derrickmen 12.91 4.34 + f Marble Finishers (Helpers) 12.91 2.90 + f METALLIC LATHERS & REINFORCING IRON WORKERS 22.63 6.350 +g MILLWRIGHTS 21.79 15.77 PAINTERS: Nassau County (Lakeville Road north from Union Tpke. to Northern Blvd., all areas on north side of Northern Blvd. east to Roslyn Bridge and Hempstead Harbor, bounded by Hempstead Harbor, east, and Long Island Sound, north; all areas south of Sunrise Hwy. going east to Long Beach Rd., then south on Long Beach Rd. to Foxherst Ave., east on Foxherst Ave. to Baldwin Road sign; all areas south of Baldwin Road sign, including Point Lookout and all areas west back to New York City limits: Painters 29.30 40.5% Spray 23.00 8.06 Fire Escapes 27.93 8.06 Nassau County (Remainder of County) and Suffolk County: 1K. Painters & drywall finishers 23.88 10.48 903 (Oct. 11, 1991) VOL. I NY91-13 Spraying, scaffold or rolling scaffold over 18 feet Sandblasting; structural steel Repaint of hospitals, schools and apartment houses PAPERHANGERS PLASTERERS * PLUMBERS: Nassau and Suffolk Counties POWER EQUIPMMENT OPERATORS (BUILDING CONSTRUCTION): Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 8 Class 9 Class 10 Class 11 Class 12 Class 13 Class 14 Class 15 Class 16 Class 17 Class 18 Class 19 Class 20 Class 21 Class 22 Class 23 Class 24 Class 25 Class 26 Class 27 Class 28 Class 29 Class 30 Class 31 Class 32 POWER EQUIPMENT OPERATORS (HEAVY & HIGHWAY): 904 (July 31, 1992) VOL. I 26.35 10.48 28.84 10.48 19.10 10.48 23.88 10.48 14.75 5.00 29.37 11.01 22.780 14.27 +h 23.055 14.27 +h 22.955 14.27 +h 21.605 14.27 +h 22.605 14.27 +h 22.805 14.27 +h 22.355 14.27 +h 23.180 14.27 +h 22.230 14.27 +h 23.155 14.27 +h 22.755 14.27 +h 21.855 14.27 +h 22.550 14.27 +h 22.930 14.27 +h 22.980 14.27 +h 22.770 14.27 +h 22.380 14.27 +h 23.030 14.27 +h 25.650 14.27 +h 21.230 14.27 +h 24.030 14.27 +h 21.770 14.27 +h 22.855 14.27 +h 21.255 14.27 +h 21.480 14.27 +h 22.855 14.27 +h 23.315 14.27 +h 22.280 14.27 +h 23.080 14.27 +h 23.610 14.27 +h 21.105 14.27 +h 22.830 14.27 +h lie VOL. I i 905 (July 31, 1992) NY91-13 Class 1 22.910 14.27 +i Class 2 23.280 14.27 +i Class 3 23.135 14.27 +i Class 4 20.660 14.27 +i Class 5 22.410 14.27 +i Class 6 22.910 14.27 +i Class 7 22.100 14.27 +i Class 8 21.725 14.27 +i Class 9 22.330 14.27 +i Class 10 21.795 14.27 +i Class 11 22.725 14.27 +i Class 12 21.635 14.27 +i Class 13 22.010 14.27 +i Class 14 22.745 14.27 +i Class 15 20.695 14.27 +i Class 16 Class 17 22.315 23.125 14.27 14.27 +i +i Class 18 22.450 14.27 +i Class 19 20.700 14.27 +i Class 20 22.275 14.27 +i Class 21 21.156 14.27 +i Class 22 22.370 14.27 +i Class 23 23.535 14.27 +i Class 24 20.485 14.27 +i ROOFERS 20.18 10.64 SHEET METAL WORKERS 27.58 10.288 *SPRINKLER FITTERS & STEAMFITTERS 22.00 6.25 Refrigeration, air conditioning and oil burner maintenance and installation mechanics (installation of commmercial equipment where the combined horsepower does not exceed 5 horsepower; installa- tion of air cooling, heating and air conditioning on any job where the com- bined horsepower does not exceed 10 horsepower) 28.55 15.58 STONE MASONS 18.00 3.75 TERRAZZO & MOSAIC WORKERS 23.66 4.38 TERRAZZO & MOSAIC FINISHERS 15.48 2.71 TILE SETTERS 24.605 5.18 TILE FINISHERS 18.36 3.47 TRUCK DRIVERS: Building: Ready -mix concrete, sand, gravel, & bulk cement 16.00 6.40 + j+k Asphalt 18.74 11.2825 High Rise 14.965 9.8775+ g+j Heavy: Euclids & turnapulls 18.335 11.1625 Landscapers: Euclids & turnapulls 18.805 11.1625 lie VOL. I i 905 (July 31, 1992) NY91-13 WELDERS - Rate for craft to which the welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as pro- vided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). FOOTNOTES: PAID HOLIDAYS: A -New Year's Day; B -Memorial Day; C -Independence Day; D -Labor Day; E -Thanksgiving Day; F -Christmas Day. Paid Holidays: A F, Good Friday and Friday after Thanksgiving a. and b. Paid Hoildays: A through F, President's Day, the anniversary of the employee's date of employment, and the employee's birthday. All employees whose continuous service credit began prior to April 1 of the current year shall be entitled to a vacation of one week, and the employee whose continuous service credit started prior to October 1 of the preceding year shall be entitled to a vacation of two weeks. Employees who on March 31 of the current year have continuous service credit of six years with Company shall be entitled to a vacation of 2 weeks and 1 day; those with 7 years, 2 weeks and 2 days; 8 years, 2 weeks and 3 days; 9 years, 2 weeks and 4 days; 10 years, 3 weeks; 15 years, 4 weeks; 25 years and over, 5 weeks. An employee shall be paid for absence due to personal illness, personal injury, or death in the immediate family at his basic rate for a period of five (5) days in any calender year. C. Employer contributes $8.00 a day. d. Paid Holidays: A through F, Lincoln's Birthday, Washington's Birthday, Columbus Day, Armistice Day and Friday after Thanksgiving Day. e. Paid Holidays: A through F, Martin Luther King, Jr's Birthday, Washington's Birthday, Columbus Day, Veteran's Day and Day after Thanksgiving Day. (If the employee works the Hoilday it is double time. If the employee does not work the Holiday, the employee receives 2 hours additional pay for each day he works in f. the holiday week.) Paid Holiday: One half day's pay for Labor Day. g. Paid Holiday: Employees employed on December 24 and December 31 who report for work on such days shall be paid afternoon holiday pay of four hours each day. Paid Holidays shall be included for purposes of Vacation Credit. h. Paid Holidays: A through F, Lincoln's Birthday, Washington's r Birthday, Columbus Day, Election Day and Veterans Day. i. Paid Holidays: A through F, Lincoln's Birthday, Washington's 906 (Oct. 11, 1991) VOL. I t NY91-13 Birthday, Columbus Day, Election Day and Veteran s Day, provided employee works the day after the holiday. j. For each 15 days worked with the contract year an employee will receive one day vacation with pay, maximum vacation of 3 weeks per year. In addition, an emplyee who qualifies for two weeks (10 days) vacation or more with pay and who has been continuously employed by his employer for six years before the close of any contract year, shall be entitled to one extra day vacation; seven years before the close of any contract year, shall be entitled to two extra day vacation; eight years before the close of any contract year, shall be entitled to three extra day vacation; nine years before the close of any contract year, shall be entitled to four extra day vacation; ten years before the close of any contract year or over shall be entitled to three weeks paid vacation with pay, but in no event shall any employee be entitled to more than three weeks vacation with pay per year. k. Paid Holidays A thru F, Lincoln's Birthday, Washington's Birthday, Election Day, Veteran's Day provided the employee works 2 days in the calendar week in which the holiday falls and shapes each remaining work day during such calendar week. 1. For each 15 days worked within the contract year an employee will receive one day's vacation with pay, maximum vacation of 3 weeks per year. All 10 year employees working 150 days in the contract year shall receive 3 weeks paid vacation, with pay in advance. Vacation time shall be counted toward the following year's vacation. . m. Paid Holidays. A through F plus Washington's Birthday, Good Friday, Decoration Day, Election Day for the President of the United States, and Election Day for the Govenor of New York State. Provided the work the day before or after the holiday. CLASSIFICATION DESCRIPTIONS POWER EQUIPMENT OPERATORS (BUILDING CONSTRUCTION) Class 1: Asphalt spreader. Class 2: Backhoe, dragline, gradall, piledriver, shovel. Class 3: Batching plant (on site of job), power winch (used for stone or steel), power winch truck -mounted (used for stone or steel), pump (concrete). Class 4: Bending machine, generator (small), vibrator, 1 to 5 dinky locomotive. Class 5: Boiler, bulldozer, compressor (or crane), compressor (pile work), compressor (stone setting), concrete breaker, conveyor, generator (pilework), loading machine (front end), maintenance engineer, mechanical compacters (machine drawn), powerhouse, power 907 (Oct. 11, 1991) VOL. I POWER EQUIPMENT OPERATORS (HEAVY & HIGHWAY) Class 1: Asphalt spreader, boom truck, boring machine (other than post holes), CMI or maxim spreader, crane (crawler or truck), conveyor (multi), plant engineer, concrete spreader, sideboom tractor, stone spreader (self-propelled), cherry picker. Class 2: Backhoe, crane (stone setting), crane (structural steel),dragline, gradall, piledriver, road paver, shovel. 908 (Oct. 11, 1991) VOL,. I NY91-13 winch truck -mounted (used for other than steel or stone), pulvi- mixer, power winch (used for other than steel), pump (double action diaphram), pump (gypsum), pump (hydraulic), pump (jet), pump (single action - 1 to 3), pump (well point), welding and burning, welding machine (pilework). Class 6: Boom truck, crane (crawler or truck), conveyor - multi -plant engineer, stone spreader (self-propelled). Class 7: Compressor, compressor (2 or more in battery), generator, mulch machine, pin puller, portable heaters, pump (4 inch or over), trac tamper, welding machine. Class 8: Crane and boom truck (setting structural or stone). Class 9: Bulldozer (used for excavation), fireman, loading machine, powerboom, scoop (carry -all scraper) vac -all. Class 10: CMI or maxim spreader, concrete spreader, derrick, sideboom tractor. Class 11: Compressor (structural steel). Class 12: Concrete saw or cutter, mixer (with skip), mixer (2 small with or without skip), pump (up to 3 inches), tractor - caterpillar or wheel. Class 13: Curb machine (asphalt or concrete), curing machine, pump (submersible), tower crane maintenance man. Class 14: Dredge. Class 15: Elevator, forklift, hoist (1 drum). Class 16: Forklift (walk -behind, power operated). Class 17: Grader. Class 18: Hoist (2 and drum). Class 19: Hoist (multiple platform). Class 20: Mechanical compacters (hand operated), trench machine (hand). Class 21: Hoist tandem platform. Class 22: Hydra -hammer, ridge cutter. Class 23: Loading machine (with capacity of 10 yds. or over). Class 24: oiler, stump chipper. Class 25: Power buggies. Class 26: Roller, trench machine. Class 27: Scoop, carry -all, scraper in tandem. Class 28: Class 29: Sideboom tractor (used in tank work). Stripping machine. Class 30: Tank work. Class 31: Tower crane (engineer). Class 32: Tower crane (oiler). Class 33: Welding machine, structural steel. POWER EQUIPMENT OPERATORS (HEAVY & HIGHWAY) Class 1: Asphalt spreader, boom truck, boring machine (other than post holes), CMI or maxim spreader, crane (crawler or truck), conveyor (multi), plant engineer, concrete spreader, sideboom tractor, stone spreader (self-propelled), cherry picker. Class 2: Backhoe, crane (stone setting), crane (structural steel),dragline, gradall, piledriver, road paver, shovel. 908 (Oct. 11, 1991) VOL,. I to [1 F_.� 17 y V' NY91-13 Class 3: Batching plant (on site of job), crane (on barge), derrick,sideboom tractor (used in tank work), tank work. Class 4: Bending machine, mechanical compactors (hand operated), pump (centrifugal, up to 3 inches), trench machine (hand). Class 5: Boiler. Class 6: Boring machine (post holes). Class 7: Bulldozer, concrete finishing machine, conveyor, curb machine (asphalt or concrete), curing machine, dinky locomotive, fireman, forklift, hoist (1 drum), loading machine, maintenance engineer, pulvi-mixer, pump (4 in. or over ), pump (hydraulic), pump (jet), pump (submersible), pump (well point), roller (5 tons and over), scoop (carry -all, scraper), maintenance man (tower crane), vac -all, welding & burning. Class 8: Compressor (on crane), generator (pile work), welding machine (pile work), power winch (used for other than stone or structural steel) power house, loading machine (front end), compressor (pile work), power winch (truck -mounted, used for other than stone or steel), hoist (2 drum). Class 9: Compressor (2 or more in battery). Class 10: Compressor (stone setting), compressor (structural steel), welding machine(structural steel). Class 11: Compressor, mulch machine, pin puller, pump (double action diaphragm), pump (gypsum), pump (single action 1 to 3), striping machine, welding machine. Class 12: Loading machine, with bucket capacity of 10 yards or over. Class 13: Concrete breaker, concrete saw or cutter, forklift (walk - behind, power operated), hydra -hammer, mixer (with skip), mixer (2 small with or without skip), mixer (2 bag or over with or without skip), power buggies, power grinders, ridge cutter. Class 14: Dredge. Class 15: Generator (small). Class 16: Grader. Class 17: Hoist (3 drum), power winch (truck mounted, used for stone or steel), power winch (used for stone setting & structural steel), trench machine. Class 18: Mechanical compactors (machine drawn), roller (over 5 tons) . Class 19: Oiler, root cutter, stump chipper, tower crane (oiler, track tamper). Class 20: Portable heaters. Class 21: Power boom. Class 22: Pump (concrete). Class 23: Scoop (carry -all, scraper in tandem), tower crane (engineer). Class 24: Tractor (caterpillar or wheel). VOL. I 909 (Oct. 11, 1991) Very truly yours, CHET RYSEDORPH, DIRECTOR NOTICE TO CONTRACTING AGENCIES : STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 this project, enter the necessary Schedule Type -COMPLETE OA Date 10/21/92 Refer to: PREVAILING RATE CASE N0. FISHER ISLAND PRC 9207087 SUFFOLK COUNTY O1 the ALBANY OFFICE of the BUREAU at to: BRUCE CLARK Location and Type of Project CALOCERINOS b SPINA ENG. PROJECT ID N: NONE 1020 SEVENTH NORTH ST. RUNWAY 7-25 6 12-20 OLAYOF STATE ST LIVERPOOL NY 13088 T/ORSOUTHOLDDT PROJECT HAS BEEN In response to your request, enclosed are schedules of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PW -16) for your use. The schedules must be annexed to and form a part of the specifications for this project when it is advertised for bids. These schedules have been prepared and forwarded in accordance with Section 220 of the Labor Date Cancelled Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the department having jurisdiction. The attached rates are based on the latest information available to the Department of Labor, Bureau of Public Work. Care should be taken to review the rates for obvious Until errors. It is the responsiblility of the Public Work contractor to use the proper rate. Any corrections should be brought to the Department's attention immediately. This schedule is applicable only from July 1, 1992 through June 30, 1993, unless otherwise noted. If your project goes beyond the period covered by this determination, a new determination should be requested when this schedule expires. Title Note: A 1983 AMENDMENT TO SECTION 220 OF THE LABOR LAW REQUIRES THE PRESERVATION OF ORIGINAL OR TRANSCRIPTS OF PAYROLL RECORDS FOR THREE YEARS FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. Very truly yours, CHET RYSEDORPH, DIRECTOR iPW -200 (6-85) docm: letterla NOTICE TO CONTRACTING AGENCIES : Upon cancellation or completion of this project, enter the necessary Information and return this page to the ALBANY OFFICE of the BUREAU at the address listed below: PROJECT HAS BEEN Date Completed Date Cancelled Date Postponed Until Signature Title Contracting Agency For Additional Information, contact the following District Offices: St.Off.Bldg.N12, Campus, Albany N.Y.12240 65 Court St.,Buffalo N.Y.14202 155 Main Street West, Rochester N.Y.14614 30 Wall St.,Binghamton N.Y.13901 175 Fulton Ave., Hampstead N.Y.11550 333 East Washington St.,Syracuse N.Y.13202 207 Genesee St., Utica N.Y.13501 30 Glenn St.,White Plains N.Y.10603 iPW -200 (6-85) docm: letterla CONTRACT REQUIREMENTS I Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission appointed pursuant to law is a party and which may involve the employment of laborers, workers or mechanics, shalt comply with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law: i. No laborer, worker or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. (See Section 220.2) Each laborer, worker or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages as indicated on the wage schedule provided by the Department, Bureau of Public work. The prevailing rate of wage shall be annually determined no later than thirty days prior to July first of each year. The prevailing rate of wage for the period commencing July first of such year through June thirtieth, inclusive, of the following year shall be the rate of wage set forth in collective bargaining agreements for the same period, including those increases for such period which are directly ascer- tainable from such collective bargaining agreements. (See Sections 220.3, 220.5) It shall be the duty of the department of jurisdiction to file with the fiscal officer, the classification of workers, mechanics and laborers to be employed on a public work project, together with a statement of the work to be performed by each classification. (See Section 220.3-a) The contractor and every subcontractor shalt post in a prominent and accessible place at the work site a statement of all wage rates and supplements to be paid or provided for the various classes of mechanics, workers or laborers. (See Section 220.3-a) No employee shall be deemed to be an apprentice unless individually registered in _ a program registered with the New York State Department of Labor. The allowable ratio of apprentices to journey -level workers in any craft classification shall not be greater than the ratio permitted to the contractor as to its work force on any job under the registered program. Any employee who is not registered as above, shall be paid or provided the prevailing wage and supplement rate for the journey -level classification of work actually performed. The contractor or sub- contractor will be required to furnish written evidence of registration of its program and apprentices as well as of the appropriate ratios and wage and supple- ment rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3-e) 11 (a) No contractor, subcontractor, nor any person acting on its behalf, shall by e reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. (See Section 220-e(a)) (b) No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex or national origin. (See Section 220- e(b)) NOTE: The Human Rights Law also prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of fifty dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract. (See Section 220-e(c)) (d) The contract may be cancelled or terminated by the State or municipality, and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of the anti- discrimination sections of the contract. (See Section 220-e(d)) 7. (a) All contractors or their subcontractors shall provide to their sub- contractors a copy of the prevailing wage rate schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8 of the Labor Law. (See Section 220-a) (b) All subcontractors engaged by a public improvement contractor or its subcontractor, upon receipt of the original schedule and any sub- sequently issued schedules, shall provide to such contractor or sub- contractor a verified statement attesting that the subcontractor has received the wage schedule and will pay or provide the applicable rate PW -3 (12-88). of wages and supplements specified therein. (See Section 220-a) e s 1 t r L� t 1 1 [I 1 11 ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK PROJECTS IN NEW YORK STATE INTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects. HOURS: A laborer, worker or mechanic is permitted to work on a public work project no more than eight hours a day and no more than five days in a week, except in case of extraordinary emergency such as fire, flood or danger to life or property. You may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project. WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work project shall be not less than those listed in the current prevailing rate schedule for the locality where the work is performed. If a prevailing rate schedule for the project has not been provided to the prime contractor by the department of jurisdiction (i.e.,the governmental entity awarding the public work contract), or to a subcontractor by the prime contractor, the applicable schedule must be obtained from the Department of Jurisdiction, who must make written application to the Bureau of Public Work, Labor Department, Building No. 12, State Office Building Campus, Albany, New York 12240. The prime contractor is responsible for any underpayments of prevailing wages or supplements by its subcontractors. PAYROLL RECORDS: Every contractor and subcontractor must keep originals or transcripts of payroll records, showing for each person employed on public work, the following: 1.Name, 2.Address and phone number, 3.Social Security number, 4.Occupational classifications in which worked, 5.Hourly wage rate paid, B.Supplements provided, 7.Daily and weekly number of hours worked in each classification, 8.Deductions made, 9. Actual wages paid. When payroll records are requested by the Commissioner each payroll record must be affirmed as true under the penalties of perjury which means a notarized signature to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds $25,000. All other contractors and subcontractors must within five days after request produce at the work site the orignal payrolls or transcripts. The original payrolls or transcripts must be preserved for three years from the date of completion of the project. POSTING: The current prevailing rate schedule must be posted in a prominent and accessible place on the site of the public work project. PW19 (9-88)... (Continued) fJ NOTICE TO CONTRACTORS (Continued) APPRENTICES: Employees cannot be aid apprentice rates if they are not individually P registered under a program or agreement registered with the Commissioner of Labor. The contractor or subcontractor will be required to furnish written evidence of the < . ) registration of its program and apprentices and of the appropriate ratio. The allowable ratio of apprentices to journeymen in any craft classification can be no greater than the ratio permitted to the contractor or subcontractor as to its work force on any job under the registered program. An employee listed on a payroll as an apprentice, who is not registered as above, must be paid the prevailing journeymen's wage rate for that classification of work. WITHHOLDING OF PAYMENTS: When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract may be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. INTEREST AND PENALTIES: If an underpayment of wages or supplements is found, interest must be added at the rate then in effect prescribed by the Superintendent of Banks pursuant to section 14-a of the banking law per annum from the date of underpayment to the date of the payment, and may also include the imposition of a civil penalty not to exceed 25% of the amount due. DEBARMENT: When final determinations have been made against a contractor or subcontractor in two instances within a six-year period determining that it willfully failed to pay or provide the prevailing rate of wages or supplements, such contractor or subcontractor will be Ineligible to bid on or be awarded a public work contract for a period of five years from the second final determination. CRIMINAL SANCTIONS: Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or both. DISCRIMINATION: No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status. Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment or employment training centers, notices furnished by the State Division of Human Rights. POSTING OF OTHER NOTICES: Every employer providing workers' compensation insurance and disability benefits must post in a conspicuous place notices of such coverage in a form prescribed by the Workers' Compensation Board. Employers liable for contributions under the Unemployment Insurance Law must conspicuously post notices furnished by the State Department of Labor. PW 19 (9-88)... docm: letter2b NOTICE of NEN PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES ( ' ) AS NOTED ON PREVAILING RATE SCHEDULES PAGES. The annual determination of the prevailing rates of wages and supplements for workers employed on public work projects throughout the state will be published on May 31st of each year. These new rates will be in effect July 1st thru June 30th. This new determination will supersede the original schedule or any prior issued annual determination It is the responsibility of the contracting agency or its agent to provide all prevailing rate schedules to contractors immediately upon receipt. Any rate change from a previously issued determination becomes effective July 1st, regardless of whether the new determination has been received by the contractor. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates that additional adjustments become effective. PW -202 (5-90) docm: letterd VERIFYING THE REGISTRATION OF APPRENTICES Certain State and Federal Laws require that apprentices must be individually registered as such in order to be paid apprenticeship rates on Public work. The New York State Labor Department is the official registration agency for apprentices in New York State. No other Federal or State Agency or office registers apprentices in New York State. Each year the apprentice training central office in Albany receives hundreds of requests from Federal and State Agencies, Contractors, and other interested parties requesting verification of individual apprentice registrations. The following information is provided in order to clarify New York State procedures. All registered apprentices in New York State are individually registered by name, address, social security number, starting date of training, and other related data. This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, Job Service and Training Division, Building 12, Room 223, State Office Building Campus, Albany, New York 12240. All inquiries BUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide conslusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any individual is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards or copies of state forms are not conclusive proof of the registration of any individual as an apprentice. PW - 203 (4-86) docm: letter2e 1 f 1 1 1 1 1 1 1 1 1 1 1 1 11 11 NEW YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 FISHER ISLAND BRUCE CLARK CALOCERINOS & SPINA ENG. 1020 SEVENTH NORTH ST. LIVERPOOL NY 13088 SUFFOLK COUNTY AGY. OF JURIS. : COUNTY NAT. OF PROJECT: HEAVY 6 HWY CONS -NEW & REPAIR Schedule Type COMPLETE OA Date 10/21/92 Prevailing Rate Case No. 9207087 01 PROJECT ID N: NONE RUNWAY 7-25 & 12-20 OVERLAY, FOOT OF STATE ST T/O SOUTHOLD Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec22D.3a of the Labor Law requires that certain information be furnished to the Commissioner of Labor. Accordingly, you MUST complete ONE of these requests for EACH prime contract let immediately upon notifying a successful bidder for this Public Work project. Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above ❑ Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be requested. ❑ CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) []Letter of Intent ❑ Contract Signed ❑ Resolution Work to be done by this prime contractor. Type of Contract: CHECK APPLICABLE TYPE 8 {01� General Construction 8 j02) Heating/Ventilation 104 Plumbing 105) Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number. Name: Address: City: Amount of Contract State: ❑ (03) Electrical Approximate Starting Date: Approximate Completion Date: Estimated Date Entire Project Will be Completed: CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) 1 01 U General Construction `02) Heating/Ventilation Plumbing 8105Other Signature PW -16 (1-91) ❑ (03) Electrical Date Zip: Benefits- Health/Welfare, Pension, Suppl. Unemployment Benefit, Apprentice Training, Annuity, Benefit Fund and Vacation. Journeyman 43 1/2 % plus $1.94 Appr 1st year 32 % plus $1.94 Appr All other terms 43 1/2 % plus $1.94 Listed supplements apply to A" classifications (X)Yes ( )No 4-25 ------------------------------ Applicable to electrical maintenance of existing electrical systems including. but not limited to, traffic signals and street lighting. WA (per hour) 5/01/91- 5/01/92- 5/01/93- 4/30/92 4/30/94 4/30/95 Electrician 21.76 Additional Additional .91 per hr .94 per hr OVERTIME PAY: See ( 8, G, F ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 2 - 2 ) ( 3 - 3 ) APPRENTICES: ( 1 ) year terms at the following Wage. 1st. 2nd. 3rd. 4th. 40% 50% 60% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Annuity, Vacation/Holiday and Apprentice Trng. 3% of gross wages plus 30% of straight time rate'plus $ .75 per hr. Listed supplements apply to A" classifications ( X )Yes ( )No 4-25m 1000000001 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 10a-7/01/92 thru 6/30/93 Published -06/29/92 Page 1 ERRATA PAGE 9/10/92 ENTERIES SHOULD BE SUBSTITUTED FOR CORRESPONDING ENTRIES ON ACCOMPANING SCHEDULES In ALL of the Counties of Nassau and Suffolk. ELECTRICIAN WAGES(per hour) 5/01/92- 4/30/93 Electrician.......... $ 29.35 Audio/Sound.......... 29.35 Fire/Intruder Alarm.. 29.35 OVERTIME PAY: See Following Note' plus ( O,V ) on OVERTIME PAGE attached. Note': 8th, 9th 8 10th hrs of wk weekdays to be paid at 1 1/2 times straight time rate All additional weekday hours double time. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st 6mo 2nd 6mo 2nd 3rd 4th 5th 30% 35% 40% 50% 60% 70% S-UPPLEMENTAL BENEFITS:(percents based on gross wages-others per hour) Benefits- Health/Welfare, Pension, Suppl. Unemployment Benefit, Apprentice Training, Annuity, Benefit Fund and Vacation. Journeyman 43 1/2 % plus $1.94 Appr 1st year 32 % plus $1.94 Appr All other terms 43 1/2 % plus $1.94 Listed supplements apply to A" classifications (X)Yes ( )No 4-25 ------------------------------ Applicable to electrical maintenance of existing electrical systems including. but not limited to, traffic signals and street lighting. WA (per hour) 5/01/91- 5/01/92- 5/01/93- 4/30/92 4/30/94 4/30/95 Electrician 21.76 Additional Additional .91 per hr .94 per hr OVERTIME PAY: See ( 8, G, F ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 2 - 2 ) ( 3 - 3 ) APPRENTICES: ( 1 ) year terms at the following Wage. 1st. 2nd. 3rd. 4th. 40% 50% 60% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Annuity, Vacation/Holiday and Apprentice Trng. 3% of gross wages plus 30% of straight time rate'plus $ .75 per hr. Listed supplements apply to A" classifications ( X )Yes ( )No 4-25m 1 If you have any questions concerning the attached schedule or would like additional information, please contact the BUREAU of PUBLIC WORK at (518) 457-5589 or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. (7/01/92) f] 11 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 1 PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretaation of particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates. Paid Holldays Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. Holiday Pay Holiday pay is the premium pay that is required for work performed on the holidays contained in the negotiated agreement used to establish a prevailing rate. Holiday pay is only applicable where an employee actually performs work on such days. The required rate of pay for covered holidays can be found in the Overtime Pnv section listed for each classification. Not all of The holidays on which, if worked, a premium rate of pay is required are listed in the attached schedule. If you have any questions or need additional information concerning this requirement, please contact the Bureau of Public Work at the number listed below. Supplemental Benefits Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (this may include paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. Effective Dates When you review the schedule for a particular trade or occupation, your attention should be directed to the dates above the column(s) of rates. These are the dates that any adjustments become effective. However, if the last date listed in a particular occupation Is prior to June 30 of the current year, the rate listed for that time period is valid until the new annual determination takes effect on July 1 of that year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements and, if the department of jurisdiction does not provide a copy of the current annual determination on or before July 1, you should contact the Bureau of Public Work for the correct information. 1 If you have any questions concerning the attached schedule or would like additional information, please contact the BUREAU of PUBLIC WORK at (518) 457-5589 or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240. (7/01/92) f] 11 State of New York Department of Labor PREVAILING RATE SCHEDULE ( ' )See NOTICE PAGE ATTACHED Case Number 9207087 SUFFOLK COUNTY Bureau of Public Work 10a-7/01/92 thru 6/30/9 Published -06/29/92 Page 2 Following is an explanation of the Code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIME section. ( A ) Time and one half of the hourly rate after 7 hours per day. ( AA ) Time and one half of the hourly rate after 7 and one half hours per day. ( 8 l Time and one half of the hourly rate after 8 hours per day. ( 81) Time and one half of the hourly rate for the 9th. 8 10th. hours Week days and the 1st. 8 hours on Saturday. Double the hourly rate for all additional hours. ( C ) Double the hourly rate after 7 hours per day. ( CC) Double the hourly rate after 7 and one half hours per day. ( Cl) Double the hourly rate after 7 and one half hours per day. ( D ) Double the hourly rate after 8 hours per day. ( D1) Double the hourly rate after 9 hours per day. ( E ) Time and one half of the hourly rate on Saturday. ( E1) Time and one half 1st 4 hours on Saturday double the hourly rate all additional Saturday hours. ( E2) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather. ( E3) Between Nov. 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost durina that weekdue to inclement weather, provided a given employee has worked between 16 and 32 hours that week. ( E4) Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather ( F ) Time and one half of the hourly rate on Saturday and Sunday. ( G ) Time and one half of the hourly rate on Saturday and Holidays. ( H ) Time and one half of the hourly rate on Saturday, Sunday and Holidays. ( I ) Time and one half of the hourly rate on Sunday. ( J ) Time and one half of the hourly rate on Sunday and Holidays. ( K ) Time and one half of the hourly rate on Holidays. ( L ) Double the hourly rate on Saturday. ( M ) Double the hourly rate on Saturday and Sunday. ( N ) Double the hourly rate on Saturday and Holidays. ( 0 ) Double the hourly rate on Saturday, Sunday and Holidays. ( P ) Double the hourly rate on Sunday. ( 0 ) Double the hourly rate on Sunday and Holidays. ( R ) Double the hourly rate on Holidays. ( S ) Two and one half times the hourly rate for Holidays, if worked. ( T ) Triple the hourly rate for Holidays, if worked. ( U ) Four times the hourly rate for Holidays, if worked. ( V ) Incluing benefits at SAME PREMIUM as shown for overtime. ( W ) Time and one half for benefit on all overtime hours. NOTE: BENEFITS are PER HOUR WORKED, for each hour worked, unless otherwise noted HOLIDAYS Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally classified. 1 ) None. 2 ) Labor Day. 3 ) Memorial Day and Labor Day. 4 ) Memorial Day and July 4th. 5 ) Memorial Day, July 4th and Labor Day. 6 ) New Years Day, Thanksgiving Day and Christmas Day. 7 ) Lincoln's Birthday, Washington's Birthday and Veterans Day. 8 ) Good Friday. 9 ) Lincoln's Birthday. 10 ) Washington's Birthday. 11 ) Columbus Day. 12 ) Election Day. 13 ) Presidential Election Day. 14 ) 1/2 Day on Presidential Election Day. 15 ) Veteran's Day. 16 ) Day after Thanksgiving Day. 17 ) July 4th. 18 ) 1/2 Day before Christmas Day. 19 ) 1/2 Day before New Years Day, 20 ) Thanksgiving Day. 21 ) New Years Day. 22 ) Christmas Day. 23 ) Day before Christmas. 24 ) Day before New Years Day. 25 ) Presidents Day. 26 l Martin Luther King, Jr. Day. (7/01/91) OVERTIME and HOLIDAY REQUIREMENTS 1 It 1 1 1 1 J 1 1 e 1 State of New York Department oY Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work _ 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 3 1 1 ASBESTOS WORKER WAGES(per hour) 1/01/92- 7/01/92 1/01/93- 6/30/92 12/31/92 6/30/93 Asbestos Worker ............. $ 26.47 -Additional Additional 1.50 per hr 1.50 per rh PAYs See ( C. 0, V ) on OVERTIME PAGE attached. See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL SENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Annuity and Vacation. $15.45 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-12 WAGES(per hour) 6/01/90- 5/31/91 Asbestos Worker Removal b Abatement Only..... $ 21.66 Q�ERTIME PAY: See (B,E,O ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS -:(per hour worked) Benefits- Health/Welfare, Annuity and Training. $4.70 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-201nyc+ BOILERMAKER WAGE,q(per hour) 9/01/91- 9/01/92- 8/31/92 8/31/93 Boilermaker.......... $ 28.50 30.00 OVERTIME PAY: See ( C,0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 8,16,23,24) on HOLIDAY PAGE attached. BLE RATIO: Apprentices) to Journeymen ( 1 - 5 ) ( 1 - 10 ) hP'PRft( 1/2 ) year terms at the following percentage of Journeyman's wage. 60% BSX OX 75% BOX 85% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Apprentice Training, Vacation and Annuity $2.40 $2.40 plus 44% plus 47% of Wage of Wage Rate Rate Listed supplements apply to A" classifications ( x )Yes ( )No. 4-5 1 1 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 1Oa-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 4 CARPENTER !mcarp44-D ------------------------------ WA (per hour) 7/01/92- 6/30/93 Building: Millwright........... 23.79 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO:L Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 55% 65% 75% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Annuity, Apprentice Training, Scholarship and Vacation. $18.07 Listed supplements apply to &" classifications ( x )Yes ( )No. 8-740 ------------------------------ WA (per hour) 7/01/92- 6/30/93 Carpet/Resilient Floor Coverer 26.66 OVERTIME PAY: On Bldg Projects See (C,0) on OVERTIME PAGE attached. OVERTIME PAY: On H/H Projects See (D,0) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 18, 19 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-5) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th, 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked) - See below. 8-2287 ------------------------------ WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Piledriver........... 24.66 25.66 26.66 Dockbuilder.......... 24.66 25.66 26.66 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd, 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1456 ------------------------------ 1 1 1 r] 1 1 1 i 1 i 1 1 1 1 1 1 1 1 1 1 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 lOa-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 5 Carpenter (cont) WAGES(por hour) 7/01/90- 7/01/91- 7/01/92 6/30/91 6/30/92 6/30/93 Marine Construction: Marine Diver ......... $ 29.49 30.77 32.05 Tender.... 22.73 23.62 24.51 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1456/D ------------------------------ $,(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Timberman .........$ 22.82 23.72 24.62 OVERTIME PAY: See ( D. 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 7 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked - See below. 8-1536h ------------------------------ The following Supplemental Benefits apply to the preceding Carpenter categories and/or occupational titles unless otherwise noted. SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Annuity, Apprentice Training, Vacation, and Scholarship. Journeyman $13.50 Apprentices $9.91 Listed supplements apply to &L classifications ( x )Yes ( )No. 8-nyc/supp State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 6 Carpenter (cont.) WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Building: Carpenter............ $ 24.00 24.84 Additional Heavy/Highway: 2.00 per hr Carpenter............ $ 24.05 24.89 OVERTIME PAY: See ( A, G ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd, 4th. 40% 55% 65% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Appr. Trng, Vacation, Annuity and Scholarship. Journeyman $10.75 $11.91 Apprs 1st & 2nd terms $ 7.495 $ 8.325 Apprs all other terms $10.75 $11.91 Listed supplements apply to A" classifications ( X )Yes ( )No. 4-SUF ELEVATOR WAGES (per hour) 7/01/92- 6/30/93 Elevator Constructor ... $ 27.77 Helper over 600 hrs. 20.83 up to 600 hrs. 13.885 Elev. Modzatn 6 Service 24.21 Helper over 600 hrs. 18.16 up to 600 hrs. 13.885 OVERTIME PAY:CONSTR.See ( C,M,T ) on OVERTIME PAGE attached. OVERTIME PAY:MODERN./Serv.. See ( B,F,S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7,11,16) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Education, Annuity and Vacation. Construction $ 8.77 plus 4% of Wage Modern./Service $ 8.62 plus 4% of Wage Listed supplements apply to AL classifications ( X )Yes ( )No. 8-1 n i L L 1 1 t 11 1 1 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department o1' Labor Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY — Page 7 GLAZIER WAGEg(per hour) 1/01/92- 7/01/92- 1/01/93- 6/30/92 12/31/92 6/30/93 Glazier .............. $ 24.20 Additional Additional 1.10 per hr 1.10 per hr. OVERTIME PAY: See ( C. 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Apprentice Training, Vacation and Annuity. $12.17 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-1087 ELECTRICIAN WAGES(per hour) 5/01/92- 4/30/93 Electrician.......... $ 29.35 Audio/Sound.......... 29.35 Fire/Intruder Alarm.. 29.35 OVERTIME PAY: See Following Note* plus ( 0 ) on OVERTIME PAGE attached. Note*: 8th, 9th & 10th hrs of wk weekdays to be paid at 1 1/2 times straight time rate PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th, 5th, 6th, 30% 35% 40% 50% 60% 70% SUPPLEMENTAL BENEFITS:(percents based on gross wages -others per hour) Benefits- Health/Welfare, Pension, Suppl. Unemployment Benefit, Apprentice Training, Annuity, Benefit Fund and Vacation. Journeyman $14.71 Appr 1st term $ 5.77 Appr 2nd term $ 6.41 Appr 3rd term $ 7.05 Appr 4th term $ 8.32 Appr 5th term $ 9.59 Appr 6th term $10.89 Listed supplements apply to BLL classifications (X)Yes (-)No 4-25 ---------------------------- Fj 1 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 tOa-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 8 ELECTRICIAN (cont) WAGES(per hour) 5/01/92- 4/30/93 Lineman .............. $ 29.35 Technician........... 29.35 Heavy Equip. Oper.... 29.35 Truck Driver......... 29.35 Groundman............ 29.35 OVERTIME PAY: See Following Note' plus ( 0 ) on OVERTIME PAGE attached. Note': 8th, 9th 8 10th hrs of wk weekdays to be paid at 1 1/2 times straight time rate PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: 1st yr Appr to other Apprentices to Journeymen (0-1-1) (1-1-1) (1-1-2) (1-1-3) (1-2-4) (2-2-4) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st, 2nd 3rd. 4th 5th 6th 30% 35% 40% 50% 607. 70% SUPPLEMENTAL BENEFITS:(percents based on gross wages -others per hour) Benefits- Health/Welfare, Pension, Suppl. Unemployment Benefit, Apprentice Training, Annuity, Benefit Fund and Vacation. Journeyman $14.71 Appr 1st term $ 5.77 Appr 2nd term $ 6.41 Appr 3rd term $ 7.05 Appr 4th term $ 8.32 Appr 5th term $ 9.59 Appr 6th term $10.89 Listed supplements apply to classifications (X)Yes ( )No. 4-251ine Applicable to electrical maintenance of existing electrical systems including, but not limited to, traffic signals and street lighting. WAGES(per hour) 5/01/91- 5/01/92- 5/01/93- 4/30/92 4/30/94 4/30/95 Electrician 21.76 Additional Additional .91 per hr .94 per hr QVERTIME PAY: See ( B, G, F ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 2 - 2 ) ( 3 - 3 ) APPRENTICES: ( 1 ) year terms at the following Wage. 1st, 2nd. 3rd. 4th, 40% 50% 60% 80% SUPPLEMENTAL BENEFITS:(percent on gross wages earned) Benefits- Health/Welfare, Pension, Annuity, Vacation/Holiday and Apprentice Trng. 33% of wage plus $ .75 Listed supplements apply to g" classifications ( X )Yes ( )No 4-25m Fj 1 1 i 1 p I 11 1 i 11 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 9 TELEPHONE Rates below are for telephone work up to Point of Demarcation. Point of Demarcation is defined as the point of interconnection between customer provided equipment and telephone company provided facilities. WAGES(per hour) 8/07/88- / / Telephone System Technician/Cable Splicing Starting.......... 6.90 After 6 mos....... 7.59 12 mos....... 8.33 18 ms....... 9.18 24 moos....... 10.09 30 mos....... 11.08 36 mos....... 12.20 42 mos....... 13.40 48 mos....... 14.74 54 mos....... 16.20 60 mos....... 17.83 Cable Splicing Technician Helper Start ................. 6.08 After 6 mos.......... 6.68 12 mos.......... 7.33 18 mos.......... 8.06 24 mos.......... 8.85 30 mos.......... 9.74 36 mos.......... 10.71 42 mos.......... 11.78 48 mos.i.i...... 12.94 Service Techncan Starting.......... 6.90 After 6 mos....... 7.58 12 mos....... 8.33 18 mos....... 9.15 24 mos....... 10.05 30 mos....... 11.05 36 mos....... 12.14 42 mos....... 13.35 48 mos....... 14.66 54 mos....... 16.13 60 mos....... 17.74 OVERTIME PAY: See ( ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( ) APPRENTICES: (None ) SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Savings/Security and Income Protect. Fund. 14% of wage Listed supplements apply to ALL classifications ( )Yes ( )No. nytele/ns PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 r� Li' 1 r� SUFFOLK COUNTY Page 10 TELEPHONE(cont) Rates listed below are for installation of customer provided telephone equipment from point of demarcation. WAGES(per hour) 5/27/90- 5/26/91- 5/25/91 Telephone System Technician Starting.......... 6.88 7.03 After 6 mos....... 7.61 7.77 ' 12 mos....... 8.40 8.58 " 18 mos....... 9.28 9.48 ' 24 mos....... ' 30 mos....... 10.26 11.32 10.48 11.58 " 36 mos....... 12.51 12.80 " 42 mos....... 13.82 14.13 " 48 mos....... 15.27 15.61 " 54 mos....... 16.67 17.25 " BO mos....... Technician Asst. 18.63 19.06 Start ................. 6.38 6.52 After 6 mos.......... 7.01 7.16 " 12 mos.......... 7.70 7.86 18 mos.......... 24 mos.......... 8.45 9.27 8.63 9.48 " 30 mos.......... 10.18 10.41 Senior Technician Starting.......... 6.88 7.03 After 6 mos....... 7.65 7.81 ' 12 mos....... 8.48 8.67 ' 18 mos....... 9.42 9.62 ' 24 mos....... 10.46 10.68 ' 30 mos....... 11.61 11.86 ' 36 mos....... 12.88 13.17 ' 42 mos....... ' 48 mos....... 14.31 15.88 14.62 16.23 " 54 mos....... 17.63 18.02 ' 60 mos....... 19.57 20.00 Services Technician Start ................. 6.88 7.03 After 6 mos.......... " 12 mos.......... 7.61 8.40 7.77 8.58 " 18 mos.......... 9.28 9.48 ' 24 mos.......... 10.26 10.48 " 30 mos.......... 11.32 11.58 ' 36 mos.......... 12.51 12.80 ' 42 mos.......... 13.82 14.13 " 48 mos.......... 15.27 15.61 " 54 mos.......... 16.21 16.57 OVERTIME PAY: See (B,I,S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 5,6,16 ) on HOLIDAY SUPPLEMENTAL BENEFITS:(per hour worked) PAGE attached. Benefits- Health/Welfare, Pension and Training. Full Time 8 Part Time Employees working 25 or more hours per work. 19.3% of 19.3% of wage wage Part Time Employees 0 thru 16 hours 9.3% of 9.3% of 17 thru 24 hours wage 14.3% of wage 14.3% of wage wage Listed supplements apply to _L" classifications (X)Yes ( )No. att/ + r� Li' 1 r� Fj a 11 1 u I ! L� 1 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Mork 9207087 lOa-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 11 IRONWORKER WAGES(per hour) 1/01/92- 7/01/92- 6/30/92 6/30/93 Structural........... $ 23.50 Additional Riggers .............. 23.50 2.45 Machinery Movers...... 23.50 per Erectors.... 23.50 hour OVERTIME PAY: See ( B. 81, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 18, 19 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-4)(2-8)(3-15) �PRENTICES: ( 1/2 ) year terms at the following wage. 1st. 2nd. 3rd. 4th. 5th. 6th, 12.09 13.19 13.19 13.80 13.80 13.80 SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Apprentice Training, Vacation and Annuity. Journeyman $23.83 Apprentices $17.43 Listed supplements apply to A„ classifications ( X )Yes ( )No. 8-40/361W ------------------------------ WAGES(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Reinforcing.......... 22.95 Additional Additional 1.90 per hr 2.05 per hr OVERTIME PAY: See ( C, 0, 'V ) on OVERTIME PAGE attached. •V applies to Annuity 8 Vacation Only. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 50% 75% 85% SUPPLEMENTAL SENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Apprentice Training, Vacation, Annuity and Scholarship Fund. 1 Journeyman $12.63 Apprentices $ 5.88 plus Wage % of $ 8.75 Listed supplements apply to &L classifications ( X )Yes ( )No. 8-46 i------------------------------ WA,GES(per hour) 1/01/92- 7/01/92- 8/30/92 6/30/93 Ornamental........... 23.60 Additional Chain Link Fence..... 23.60 2.00 per hr OVERTIME PAY: See ( C. 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-4)(2-11)(3-20) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th, 6th, 60% 65% 70% 80% 85% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Apprentice Training, Vacation and Annuity. $16.80 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-580 1 J FAII J PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 12 LABORER WAGES(per hour) 712/39/92 16/30/93 Building Laborer: All Classifications ... $ 20.00 Additional .60 per hr OVERTIME PAY: See ( A,E,O ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Vacation, Annuity, Legal, Training and Safety Fund. $10.63 Listed supplements apply to AL classifications ( x )Yes ( ------------------------------ )No.. 4-66 Laborer(Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Group # 2: Asphalt Shovelers and Tampers. Group # 3: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. WAGES(per hour) 7/01/91- 7/01/92- 6/30/92 5/31/93 Heavy/Highway Laborer: Group # 1 ............. $ 19.83 20.80 Group # 2 ............. 19.37 20.32 Group # 3 ............. 17.87 18.73 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (2,4,6,7,11,12,26) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Vacation and Annuity. $ 3.50 plus $ 4.00 plus 25 % of 25 % of wage wage Listed supplements apply to A" classifications ( x )Yes ( )No. 4-1298 J FAII J 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of Ne(w York Case Number Bureau of Department of Labor Public Mork 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 13 LATHER _ WAGES,(per hour) 7/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Lather (Wood Wire 6 Reinforcing)... 22.95 Additional Additional 1.90 per hr 2.05 per hr OVERTIME PAY: See ( C, 0, V• ) on OVERTIME PAGE attached. *Annuity 6 Vacation Only PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 50% 75% 85% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Apprentice Training, Vacation, Annuity and Scholarship. Journeyman $12.63 Apprentices = 1.88 plus wage % of $ 6.75 Listed supplements apply to A" classifications ( X )Yes ( )No. 8-46 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 14 MASON/TILE/TERRAZZO WAGES(per hour) 6/01/92- Building: 5/31/93 Bricklayer............ $ 27.59 OVERTIME PAY: See ( A, E, 0, ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( 1 - 6 ) APPRENTICES: ( 750 hours) terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. Sth(SOOhr) 6th(500hr) 50% 60% 70% 80%90X 95% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension and Annuity. Journeyman $11.25 Apprentices $ 9.70 Listed supplements apply to A" classifications ( )Yes ( X )No. S-NYOC WAGES(per hour) 7/01/91- 7/01/92- 6/30/92 6/30/93 Cement Mason.......... 24.22 Additional 1.97 per hr OVERTIME PAY: See ( C, 0, V) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1. 2nd 3rd 4th 5th 6th 20 .14 HA70% 80X 90X 95% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Apprentice Training and Annuity. $12.55 Listed supplements apply to A," classifications ( x )Yes ( )No. 8-780 WAGES(per hour) 7/05/90- 1/01/91- 7/01/91- 7/01/92- 12/31/90 6/30/91 6/30/92 6/30/93 Building: Plasterer ............. 21.10 Additional Additional Additional 1.10 per hr 1.75 per hr 1.75 per hr OVERTIME PAY: See ( C. 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( ) ( ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd, 4th.5th 6th. 40% 50% 60% 607 80X 80% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Annuity, Vacation and Apprentice Training. Journeyman $9.73 Apprentices wage X of $9.37 Listed supplements apply to ALL classifications (X)Yes ( )No. 8-852 1 f] r' 1 u J 1 State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 15 Mason (cont) WAGES(per hour) 1/01/92- 7/01/92- 1/01/93- 6/30/92 12/31/92 6/30/93 Building: Mosaic 6 Terrazzo Worker.. 24.79 Additional Additional Helper.. 23.48 1.00 per hr. 1.00 per hr v OVERTIME PAY: See ( C. 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL SENEFITS:(per hour worked) Benefits- Health/Welfare, Pension and Suppl. Unemployment Benefit. $10.99 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-3 WAGES(per hour) 4/27/92- 4/28/93- 4/27/93 4/27/94 Building: Tile Layer............ 24.91 Additional 2.00 per hr. OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 3 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. Ist. 2nd. 3rd. 4th. 5th. 6th. 45% 50% 55% 60% 70% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Vacation and Annuity. $12.41 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-52 WAGES(per hour) 5/04/92- 5/03/93- 5/02/93 5/02/94 Building: Tile Layer Helper b Finisher ....... $ 22.45 23.70 OVERTIME • See ( A, 0 ) on OVERTIME PAGE attached. PAID 'fes See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Annuity and Vacation. ' $9.87 $10.09 Listed supplements apply to classifications ( x )Yes ( )No. 8-88 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 16 Mason (cont.) WAGES(per hour) 7/01/92- 6/30/93 Cutting Cleaner(Mason) $ 28.85 Sandblasting(Mason)... 29.50 Pointer, Cleaner,& Caulker(Mason). 28.85 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-1)(1-5) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd, 3rd, 55% 70% 85% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Benefit Fund, Education and Annuity. Journeyman $12.92 Appr 1st year $10.32 Appr 2nd year $11.17 Appr 3rd year $12.05 Listed supplements apply to A" classifications (X)Yes ( )No. 4-66w WAGES(per hour) 1/01/92- 7/01/92- 1/01/93- 6/30/92 12/31/92 6/30/93 Stone Setter.......... $ 27.01 Additional Additional 1.35 per hr 1.35 per hr OVERTIME PAY: See ( C. 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 18 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th 7th 8th 50% 55% 60% 65% 70% 80% 90% 95% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Security Benefit, Apprentice Training Vacation and Annuity. Journeyman $15.60 1st & 2nd yr Apprs. $12.06 All other Apprs $15.60 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-84 WAGES(per hour) 1/01/92- 7/01/92- 1/01/93- 6/30/92 12/31/92 6/30/93 Derrickman/Rigger.... $ 26.25 Additional Additional 1.33 per hr 1.33 per hr , OVERTIME PAY: See ( C. 0, V ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th, 5th. 6th, 50% 60% 70% 80% 90% 90% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Apprentice Training, Vacation and Annuity $16.60 Listed supplements apply to AL classifications ( x )Yes ( )No. 8-197 1 1 rJ J 1 u 1 1 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 17 Mason (cont..) WAGES(per hour) 1/01/92- 7/01/92- 1/01/93- 7/01/93- 6/30/92 12/31/92 8/30/93 12/31/93 Building: I_. Marble- Sawyer, Rubber 1/01/94 12/31/92 6/30/93 12/31/93 6 Polisher ........... $ 24.53 add .92 add .92 add .92 Marble Cutters R per hr per hr per hr Marble- Cleaner....... 13.13 add .62 no add add .62 PAID HOLIDAY: Journeymen receive 4 hrs pay on Labor Day. per hr per hr ' - Maintenance... 12.08 add 57 no add add 57 All other Apprentices See ( 1 ) on HOLIDAY PAGE attached. per hr per hr /ERTIIAE PAY: See (A,E,O,V ) on OVERTIME PAGE attached. wage. YjJourneymen except Cleaners and Maintenancemen receive SUPPLEMENTAL BENEFITS:(pr hour worked) 1/2 days pay for Labor Day. Cleaners, Maintenancemen and 1st three terms of apprentices receive (5,8,11,15 ) on HOLIDAY PAGE attached. All others no paid holidays. APPRENTICES: ( 1/2 ) year terms 1st. 2nd. 3rd. 4th, at the following percentage of Journeyman's wage. 5th. 8th. 7th. 6th, 50% 54% 59% 63% 67% 72X 78X 80% wage % of SUPPLEMENTAL SENEFITS:(per hour worked) Listed supplements apply to ALL classifications ( x )Yes ( )No. Benefits- Health/Welfare, Pension, Suppl. Unemployment Benefit, Vacation and Annuity. Sawyer/Rubber/Polisher $13.01 Cleaner/Maintenance = 2.90 Apprentices $ 4.58 plus wage % of $ 8.43 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-24 WAGES(per hour) 7/01/92- 1/01/93- 7/01/93- 1/01/94 12/31/92 6/30/93 12/31/93 6/30/94 Building: Marble Cutters R Setters .............$ 27.14 27.64 28.14 28.64 OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: Journeymen receive 4 hrs pay on Labor Day. Apprentices 1st three terms See (5,6,8,10.15 ) on HOLIDAY PAGE attached plus any day following a Thursday or Sunday Holiday. All other Apprentices See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's 1st. 2nd. 3rd.4th. 5th. 6th, wage. 507 55% 65% 707 80% 95% SUPPLEMENTAL BENEFITS:(pr hour worked) Benefits- Health/Welfare, Pension, Suppl. Unemployment Benefit, and Annuity, Journeyman $11.82 $12.40 $12.98 $13.55 Apprentices $ 5.58 plus $ 5.89 plus $ 5.89 plus $ 6.05 plus wage X of wage % of wage % of wage % of $ 8.24 $ 6.51 $ 7.09 $ 7.50 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-4 1 1 t PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 t0a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 18 Mason (cont...) WAGES(per hour) 1/01/92- 7/01/92- 6/30/92 1/01/93- 7/01/93- 12/31/92 6/30/93 12/31/93 Marble -Riggers, Crane & Derrickman $ 24.17 Additional Additional Additional .60 per hr 1.15 per hr .70 per hr OVERTIME PAY: See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: 1/2 Day for Labor Day. SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Supplemental Unemployment and Annuity. $12.42 Listed supplements apply to _A" classifications ( x )Yes ( )No. 8-20 ' PAINTER WAGES(per hour) 10/01/91- 10/01/92- 10/01/93- 9/30/92 9/30/93 9/30/94 Steel ' Steel, Bridge.... 28.60 30.03 31.83 " Spray............ 30.60 32.03 33.83 " Sandblasting..... 30.60 32.03 33.83 " Power Tool....... 30.60 32.03 33.83 OVERTIME PAY: See ( A,F,R ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 10 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 50% 65% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Apprentice Training, Vacation and Annuity. 34 1/2% 34 1/2% 34 1/2% Plus Plus Plus $2.00 $2.00 $2.00 Listed supplements apply to AL classifications ( x )Yes ------------------------------ ( )No. 8-806 WAGES(per hour) 2/01/91- 8/01/91- 2/01/92- 7/31/91 1/31/92 7/31/92 Drywall Taper......... S 24.78 25.52 26.29 OVERTIME PAY: See PAID HOLIDAY: See ( C. 0 ) on OVERTIME PAGE attached. ( 1 ) on HOLIDAY PAGE attached. , SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Vacation and Annuity. 37 1/2% 37 1/2% 37 1/2% Listed supplements apply to A" classifications ( x )Yes ( )No. 8-1974 1 t PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 1Oa-7/01/92 thru 6/30/9 Published -08/29/92 ' SUFFOLK COUNTY Page 19 - Painter (cont) WAGES(per hour) 4/01/92- 3/31/93 Brush... ...... 23.88 Structural Steel....... 28.84 Spray, Scaffold........ 26.35 Sandblasting.......... 28.84 OVERTIME PAY: See ( D. 0, ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following rates. 1st. 2nd. 3rd. 4th. 5th. 6th. Brush 11.30 11.30 16.01 17.41 19.11 21.18 Br./St./SB 12.29 12.29 16.67 17.95 20.51 23.08 ' Spr./Staff. 12.41 12.41 17.62 18.78 21.09 SUPPLEMENTAL SENEFITS:(per hour worked) 23.41 Benefits- Health/Welfare, Pension, Apprentice Training, Unemployment, Supplemental Employee and Safety 6 Health. Annuity Supplemental Journeyman $10.48 Appr 1st year S 4.39 Appr all other terms $ 9.33 Listed supplements apply to A" classifications (X)Yes ( )No. 4-1486 ... ... ... WAGES(per hour) 4/01/90- 3/31/91 Paper Hanger........... 23.38 OVERTIME PAY: See ( A. 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. ' 1st. 2nd. 3rd. 4th. 5th. 8th, 50% 60% 65% 70% 80% 90% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Apprentice Training, Unemployment, Supplemental Employee and Safety 6 Health. Annuity, Supplemental Journeyman $ 9.13 Apprentices Wage % of $ 9.13 Listed supplements apply to ALL classifications (X)Yes ( )No. 4-1486 RESIDENTIAL Not Available 4-775r PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 lOa-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 20 PLUMBER WAGES(per hour) 7/01/92- 1/01/93- 7/01/93- 1/01/94- 12/31/92 6/30/93 12/31/93 4/30/94 Plumber .............. $ 29.20 29.85 30.50 31.15 OVERTIME PAY: See (A,D,O,V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentages of Journeymans wage 1st. 2nd. 3rd, 4th. 5th. 45% 50% 65% 70% 75% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Vacation, Apprentice Training and Security Journeyman $12.18 $12.43 $12.68 $12.93 Appr 1st term $ 7.44 $ 7.59 $ 7.74 $ 7.89 Appr 2nd term $ 7.53 $ 7.68 $ 7.63 $ 7.98 Appr 3rd term $ 7.62 $ 7.77 $ 7.92 $ 8.07 Appr 4th term $ 7.72 $ 7.67 $ 8.02 $ 8.17 Appr 5th term $ 7.81 $ 7.96 $ 8.11 $ 8.26 Listed supplements apply to A," classifications ( X )Yes ( )No 4-775 !iplumR775 RESIDENTIAL Not Available 4-775r 1 I Ll I� 1 u f] 1 � I 1 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 21 STEAMFITTER/SPRINKLER FITTER WAGES (per hour) 1/01/92- 7/01/92- 12/30/92- 6/30/92 12/29/92 6/30/93 Steam Fitter.......... $ 27.70 Additional Additional Sprinkler Fitter...... 27.70 1.50 per hr 1.50 per hr OVER PAY: See ( C,O,V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 3 ) - APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. Ith. 5th. 6th, 7th, 6th. 9th. 10th. enr Anr nr rnr eer eer enr enr eer err SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Security Fund, Training Fund and Vacation. Journeyman 14.64 Apprentices I .29 plus term % of $14.35 Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-638s/s ----------------------------- ,$(per hour) 7/01/91- 6/30/92 Refrigeration, A/C, Oil Burner and Stoker Service and Installations. Limited on Refrigeration to combined compressors up to five (5) horsepower and on A/C. Heating and Air Cooling to combined compressors up to ten (10) horsepower. Steamfitter.......... $ 19.35 OVERTIME PAY: See ( 8,E,0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices) to Journeymen ( 1 - 3 ) APPRENTICES: ( 1 ) year terms at the following wage. 1st. 6mo 2nd 6mo 2nd yr 3rd yr 4th yr. 5.45 9.13 11.09 13.08 15.79. SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare and Pension Journeyman $ 3.67 Apprentices 1st year $ 2.96 2nd year $ 3.09 3.25 4th year ear $ 3.46 Listed supplements apply to &L classifications ( X )Yes ( )No. 8-6386/ssery PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 lOa-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 22 ROOFER WAGES(per hour) 10/01/90- 10/01/91- 10/01/92- 4/01/93- 9/30/91 9/30/92 3/31/93 9/30/93 Roofer ............... $ 21.34 Additional Additional Additional Waterproofer........... 21.34 1.00 per hr 1.05 per hr 1.05 per hr OVERTIME PAY: See ( A. E. 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ' ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 6 ) APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd, 3rd. 4th. 5th 6th 50% 55% 60% 65%70775% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Apprentice Training, Annuity and Vacation. Journeyman $12.28 Apprentices Wage X of $12.25 plus $ .03 Listed supplements apply to A" classifications (X)Yes ( )No. 4-154 SHEETMETAL WORKER WAGES(per hour) 2/01/92- 8/01/92- 2/01/93- 7/31/92 1/31/93 7/31/93 ' Sheetmetal Worker.... $ 27.92 Additional Additional 1.25 per hr 2.10 per hr Siding & Decking Speciality workers receive 70% of Journeymans wage. Limited to 4 Speciality workers for each Full rate journeyman. OVERTIME PAY: Siding & Decking See (B,E,0 ) on OVERTIME PAGE attached. OVERTIME PAY: All other work See ( C, 0, V ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-1)(1-4) , APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 8th. 8.28 9.77 11.77 12.56 13.95 15.33 16.76 19.64 SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Supplemental Unemp. Benefit, Vacation, Annuity, Education and Benefit Fund. Journeyman $14.22 Appr 1st term $ 5.77 , Appr 2nd term $ 6.29 Appr 3rd term $ 6.86 Appr 4th term $ 7.43 Appr 5th term $ 8.08 Appr 6th term $ 9.22 , Appr 8th term $11.69 Siding/Deck Spec. $ 4.57 Listed supplements apply to A" classifications ( X )Yes ( )No. B-28 1 t 1 1 �I 1 1 State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 23 WELDER Welder To be paid the rate of the mechanic performing the work. TEAMSTER Truck Driver(Building and Heavy/Highway): GROUP 1: Chauffeur and Excavation. GROUP 2: Euclid and Turnapull type trucks. WAGES,(per hour) 7/01/92- 6/30/93 Truck Driver (Building and Heavy/Highway): Group 1 .............. 21.935 Group 2 .............. 22.495 OVERTIME PAY: See ( B, E. P, T ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,8,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension and Annuity. $12.7425 Listed supplements apply to ALL classifications ( X )Yes ( )No. 4-282nsh SIGN ERECTOR WAGES(per hour) 7/01/91- 6/30/92 Sign Erector......... $ 22.05 OVERTIME PAY: See ( A. E. P. T ) on OVERTIME PAGE attached. ( 5,6,10,11,12,16 ) on HOLIDAY PAGE attached. ALLOWABLE RATIOP Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 4 ) APPRE • ( 1/2 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd, 4rXd. SOh. 5th. 8th 7th 8th 9th 10th 35% 40X 5% 80% SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Apprentice Training, Vacation, Annuity and Scholarsh Journeyman $ 3.24 plus $24.00 per - day plus 21% of wage. Appr 1st b 2nd yrs $ 2.79 plus 2% of wage Appr 3rd yr $ 2.04 plus $2.00 per day plus 17% of wage Appr 4th yr $ 2.04 plus $4.00 per day plus 19% of wage Appr 5th yr $ 2.04 plus $6.00 per day plus 19% of wage Listed supplements apply to ALL classifications ( X )Yes ( )No. 8-137 1 J 1 i 11 PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 ' t0a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 24 , HIGHWAY STRIPER VIAGES(per hour) 4/01/92- 4/01/93- 3/31/93 3/31/94 Painter(Striping-Highway etc.): Striping-Machine Oper.$ 16.92 17.57 ' Helper......... 15.14 15.79 Linerman.............. 17.44 OVERTIME PAY: See ( B,E,P,S ) on OVERTIME 18.09 PAGE attached. , PAID HOLIDAY: See ( 5,6,8,10,11,12,15,16 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension and Vacation. $ .50 plus $ .50 plus 24 % of 24% of wage Listed supplements apply to A&L classifications wage ( x )Yes ( )No. 8-230 TREE TRIMMER WAGES(per hour) 10/1/85- 9/30/86 Tree Trimmer: Trimmer-T 7 (start)... $ 7.75 " -T 6 after 6 mo. 8.32 ' -T 5 12 mo. 8.54 " -T 4 1B mo. 8.93 ' -T 3 24 mo. 9.70 ' -T 2 30 mo. 10.14 ' -T 1 36 mo. 11.56 Driver,Groundsman...... 9.53 OVERTIME PAY: See ( B, E, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See (5,6,7,8,11,12,18,19)) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour worked) Health/welfare........ $ Contr.Provide H. 8 W. + $10,000 Life Ins. Annuity............... 35 ' Holidays.......... .. (12 paid). Vacation - after 15 mo./l week. -after 30 mo./2 weeks. -after 10yrs/3 weeeks. -pro-rated if less than 1700 hrs.in prior year. Listed supplements apply to A.LL classifications ( x )Yes ( )No. 4-1049t, ' 1 J 1 i 11 1 1 1 1 1 1 1 1 1 1 1 1 State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 25 WAGES:(per hour) 8/01/90- 7/01/91 7/01/92- 6/30/91 6/30/92 6/30/93 Survey Rates -Building: Party Chief......... 22.31 Additional Additional 2.09 per hr 2.09 per hr Instrument Man...... 19.24 Additional Additional _ 1.68 per hr 1.88 per hr Rodman/Chainman..... 12.67 Additional Additional 1.31 per hr 1.31 per hr OVERTIME PAY: See ( A,E,O ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Benefits- Health/Welfare, Pension, Vacation, Annuity and Apprentice Training. $10.25 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15Db ------------------------------ WAGES:(per hour) 8/01/90- 7/01/91- 7/01/92- 6/30/91 6/30/92 6/30/93 Survey Rates-Heavy/Hiway: Party Chief......... 22.20 Additional Additional 2.22 per hr 1.84 per hr Instrument Man...... 18.91 Additional Additional 1.77 per hr 1.67 per hr Rodman/Chainman..... 17.00 Additional Additional 1.65 per hr 1.56 per hr OVERTIME PAY: See (B,E,O ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,8,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Benefits- Health/Welfare, Pension, Vacation, Annuity and Apprentice Training. $10.25 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-15D-N/S SURVEY CREW - CONSULTING ENGINEERS Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a consulting engineer agreement. WAGES:(per hour) 8/01/88- 7/01/89- 7/01/90- 6/30/89 5/30/90 6/30/91 Survey Rates: Party Chief......... 18.01 18.61 19.01 Instrument Man...... 15.18 15.78 16.18 Rodman/Chainman..... 12.43 13.03 13.43 OVERTIME PAY: See ( B,E,O ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,8,7,11,12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) Benefits- Health/Welfare, Pension, Vacation, Annuity, Apprentice Training. Supplement Unemployment. $ 4.42 $ 5.02 $ 5.87 Listed supplements apply to BLL classifications ( x )Yes ( )No. 8-15Dc State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureau of Public Work 9207087 lOa-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 26 DRILLING WAGES(per hour) 10/17/91- 10/17/92- 10/17/93- Core Drilling: 10/16/92 10/16/93 10/16/94 Driller............ $ 18.735 19.485 20.235 Helper.......... 16.725 17.225 17.725 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE attached. PAID HOLIDAYS: See ( S. 6 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare and Pension. $ 6.19 $ 6.19 $ 6.19 Listed supplements apply to A" classifications ( x )Yes ( )No. 8-1536 ------------------------------ WAGES(per hour) 8/01/86- 8/01/87- 8/01/88 - 7/31/87 7/31/88 7/31/89 Well Driller: Driller ......... $ 16.40 Additional Additional Helper..... 14.40 1.00 per hr 1.00 per hr. OVERTIME PAY: See (B,E,P ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen ( 1 - 1 ) ( 1 - 6 SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension and Annuity. $ 4.25 plus 9 % of wage Listed supplements apply to _AtLL classifications ( x )Yes ( )No. 4-138well fl L r f' 11' 11 State of New York Department of Labor PREVAILING RATE SCHEDULE ( ' )See NOTICE PAGE ATTACHED Case Number 9207087 Bureau of Public Work 10a-7/01/92 thru 6/30/9 Published -05/29/92 SUFFOLK COUNTY Page 27 WAGES(por hour) 7/01/92- wilding: 6/30/93 Hoist(Multiple Platform) 26.43 Lead Engineer 25.035 Hoist(Tandem Platform 24.81 Tower Crane(Engineer) 24.39 SideBoom Tractor(Used in tank work) 24.095 Scoop, Carry -all, Scraper in tandem 24.01 Boom Trucks or Cranes (used for stone setting or structural steel) 23.96 CMI or Maxim Spreader, Concrete Spreader, Derrick, Sideboom Tractor 23.935 Tank Work 23.86 Hoist, 2 Drum, Hoist, 3 Drum 23.81 Backhoe,Dragline, Gradall, Pile Driver, Shovel 23.835 Elevator, Fork Lift, Hoist, 1 Drum 23.76 Batching Plant(on site of job), Power Winch(used for stone or steel), Power Winch (Truck Mounted -used for stone or steel), Pump, Concrete 23.735 Dredge 23.71 Roller, Trench Machine 23.635 Welding Machine, Structural Steel 23.61 Boom Truck, Crane, Crawler or Truck, Conveyor(Multi), Plant Engineer, Stone Spreader (Self -Propelled) 23.585 Asphalt Spreader 23.56 Fork Lift(Walk Behind, Power Operated) 23.55 Compressor(Structura Steel) 23.535 Boiler, Bulldozer, Compressor(on Crane), Compressor(Pile Work), Compressor(stone setting), Concrete Breaker, Conveyor, Generator -Pile Work, Loading Machine(Front End), Maintenance Engineer,Powerhouse, Power Winch(used for other than stone or steel), Power Winch, Truck Mounted(used for other than stone or steel, Pulvi-Mixer,Pump(Dble Action Diaphragm), Pumps(Gypsum, Hydraulic, Jet, Single Action- 1 to 3, and Well Point), Welding and Burning, Welding Machine (Pile Work) 23.385 Curb Machine(Asphalt or Concrete), Curing Machine, Pump(Submersible), Maintenance Man 23 33 Grader 23.. 16 Compressor, Compressor(2 or more in battery), Generator, Mulch Machine, Pin Puller, Portable Heaters, Pump(4 inches or over), Track Tamper(2 Engineers,Each), Welding Machine 23.135 Stiping Machine 23.06 Bulldozer(used for excavation), Fireman, Loading Machine, Powerbroom, Vac -All 23.01 Concrete Saw or Cutter, Mixer(with Skip), Mixer(2 Small with or without Skip), Pump(Up to 3 inches),Tractor,Craterpillar or Wheel, 22.635 Scoop(Carry-All Scraper) 23.01 Hydra Hammer, Ridge Cutter 22.56 Bending Machine, Dinky Locomotive, Generator(Small), Vibrator(1 to 5), 22.385 Power Buggies 22.26 Stump Chipper and Oiler 22.035 Mechanical Compactor(Hand Operated), Trench Machine(Hand) 22.01 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-1)(1-6) Apprentice wage rate is $17.945 plus full benefits for 36 month term. SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Supplemental Unemployment and Apprentice Training, Annuity and Legal. $15.04•Note 'Note: $ 4.00 of this amount paid at premium rate for overtime hours, Listed supplements apply to tel, classifications ( )Yes-( )No. 4-138b -------------------------- PREVAILING RATE SCHEDULE ( • )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Operating Engineer (cont) WAGES(per hour) 7/01/92- 6/30/93 �1 Page 28 ' HEAVY / HIGHWAY: Scoop(Carry-All,Scraper in Tandem), Tower Crane(Engineer), 24.635 Backhoe, Crane(Stone Setting)_ Crane(Structural Steel), Dragline, Gradall, Pile Driver, Road Paver, Shovel 24.38 Batching Plant(on site of Job), Crane(on Barge), Sideboom Tractor(used in tank work), Tank Work 24.235 Hoist(3 Drum), Power Winch(Truck Mounted -used for stone or steel), Power Winch(used for stone setting and/or structural steel),Trench Machine 24.225 Asphalt Spreader,Boom Truck,Boring Machine(other than Post Holes), CMI or Maxim Spreader, Crane(Crawler or Truck), Concrete Spreader, Conveyor, Multi, Plant Engineer, Sideboom Tractor,Stone Spreader(self propelled) 24.01 Boring Machine, Post Holes 23.95 Compressor(Stone Setting),Compressor(Structural Steel), Welding Machine(structural steel) 23.895 Dredge 23.845 Work Boat 23.835 Compressor(on Crane), Compressor(Pile Work), Generator -Pile Work, Hoist,2 Drum, Loading Machine(Front-End), Powerhouse, Power Winch(Truck Mounted -used for other than stone or steel),Power Winch(other than stone or struct.steel),Welding Machine,Pile Work 23.735 Mechanical Compactor, Machine Drawn, Roller(over 5 Ton) 23.55 Boiler 23.51 Pump, Concrete 23.47 Compressor(2 or more in battery 23.43 Grader 23.415 Bulldozer, Concrete Finishing Machine, Conveyor,Curb Machine,Asphalt or Concrete, Curing Machine, Dinky Locomotive, Fireman, Fork Lift, Hoist,l Drum, LoadingMachine, Maintenance Machine,Pulvi-Mixer, Pump(4 inches or over), Pumps(Hydraulic, ,Jet, Submersible and Well Point), Roller(5 ton and under), Scoop,Carry-All,Scraper, Maintenance Man, Vac -All, Welding 8 Burning 23.27 Generator 23.12 Portable Heaters 23.375 Compressor, Mulch Machine, Pin Puller, Pump(Double Action Diaphragm),Pump-Gypsum, Pump(Single Action 1 to 3), Striping Machine, Welding Machine 22.825 Powerbroom 22.25 Concrete Saw or Cutter, Fork Lift,Walk Behind,Power Operated, Hydra Hammer, Mixer(with Skip), Mixer(2 Small with or withour Skip), Power Buggies, Power Grinders, Concrete Breaker, Ridge Cutter 22.11 Vibrator(1 to 5) 21.905 Oiler, Root Cutter, Stump Chipper, Oiler, Track Tamper(2 Engineers,Each), Deck Hand 21.80 Generator(Small) 21.795 Bending Machine, Pump, Centrifugal(up to 3 inches), Trench Machine(hand) 21.76 Tractor,Caterpillar or Wheel 21.585 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5,6,7,11,12 ) on HOLI7AY PAGE attached. ALLOWABLE RATIO: Apprentice(s) to Journeymen (1-1)(2-6) Apprentice Rate is $17.945 plus full benefits for 36 Month term. SUPPLEMENTAL BENEFITS:(per hour worked) Benefits- Health/Welfare, Pension, Supplemental Unemployment and Apprentice Training, Annuity and Legal. $15.04•Note •Note: $ 4.00 of this amount paid at premium rate for overtime hours. Listed supplements apply to A" classifications ( x )Yes ( )No. 4-138h u 1 [l I �_ F,� 1 1 State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureau of 9207087 Public Work 10a-7/01/92 thru 6/30/9 Published -05/29/92 SUFFOLK COUNTY Page 29 MARINE CONSTRUCTION WAGES(per hour) 10/01/91- 9/30/92 Hydraulic Dredge: Class A: Leverman 18.91 Engineer, Derrick Op. 18.03 Chief mate on Dredge 17.77 Class C: Maint. Eng. 17.23 Yate 16.14 Boat Captain 18.74 Class D: Dockhand 14.31 Fireman, Oiler 14.85 Shoremen 14.31 ------------------------- Tug Boats: Class A: Tug Master 17.50 Tug Chief Engineer 17.06 Class C: Tug Captain 16.64 Tug Engineer 16.74 Class D: Tug Dockhand 14.49 -;-7 --------------------- Dipper and Clamshell Dredges: Class A: Operator __ 19.24 Engineer 18.41 Class C: Maint.Engineer 17.77 Mate 16.61 Boat Master, Welder 17.51 Boat Captain 16.74 Class D: Oiler 14.85 Dockhand 14.49 ------------------------- OVTIYPAY: See ( B. E, P. S ) on OVERTIME PAGE attached. PAERID HOLE IDAY: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. The following SUPPEMENTAL BENEFITS apply to all to ALL classifications of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. SUPPLEMENTAL BENEFITS:(per hour worked.) Benefits- Health/Welfare, Pension and Vacation. All Class A = 4.35 plus 8% of wage All Class C = 4.06 plus 8% of wage All Class D S 3.81 plus 8% of wage 4-25a State of New York Department of Labor PREVAILING RATE SCHEDULE ( )See NOTICE PAGE ATTACHED Case Number Bureaj of Public Work _ 9207087 10a-7/01/92 thru 6/30/9 Published -06/29/92 SUFFOLK COUNTY Page 30 MARINE CONSTRUCTION(cont) WAGES(per hour) 10/01/91- 9/30/92 Drill Boat: Class A: Engineer 19.80 Blaster 20.01 Driller 19.81 Class C: Welder/Machinist 19.81 Class D: Oiler/Helper 18.39 OVERTIME PAY: See ( B. E. P. S ) on OVERTIME PAGE attached. PAID HOLIDAY: See ( 5, 6, 10, 15 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (per hour worked) Benefits- Health/Welfare, Pension, Supplemental Unemployment and Annuity. Class A $ 4.31 plus 8% of wage Class C $ 4.06 plus 8% of wage Class D $ 3.81 plus 8% of wage Listed supplements apply to A" classifications ( x )Yes ( )No. 4-25/3 OCCUPATIONS APPLICABLE TO BUILDING and HEAVY/HIGHWAY SCHEDULES 0 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N.Y. 12240 TWO or MORE WILLFUL DETERMINATIONS 06/12/92 Page 1 List of Employers Ineliaible To Bid On or Be Awarded Any Public Work Under Article 8 of the Labor Law, if within any six year period two final determinations are rendered against an employer finding that they have wilfully violated the prevailing wage law, they are debarred, that is, they are ineligible to submit a bid on, be awarded, or participate as a contractor or subcontractor on any public work contract let by the State, any municipal corporation, or public body for a period of five years from the date of debarment. Below is a list of the employers who have been debarred. CONTRACTOR Number Date Date Fiscal Barred of of 1st of Last Officer Until Determ's Wilful Wilful (see Note:) Associated Safety Lighting,Inc. ( 2 ) 11/25/86 10/05/87 DOL 10/05/92 2788 Mohawk Street, Sauquoit, N.Y. Esquire Wire & Fence Co.,Inc. ( 3 ) 06/27/84 4/15/88 DOL 4/15/93 1033 Route 1, Avenel, N.J.07001 J & B Bilac Contractors,Inc. ( 2 ) 10/30/87 10/30/87 NYC 10/30/92 L & M Company, A Div.of Nieto Roofing Contractors,Inc. ( 3 ) 05/05/87 09/13/89 DOL 9/13/94 501 Willett Ave—Port Chester,NY 10573 J. L. Bailey, d/b/a Castile Hardware a/k/a Castile Hardware, Plumb. & Hgt. ( 2 ) 05/07/87 05/16/89 DOL 5/16/94 1 East Park Road, Castile, NY 14427 Premier Restoration & Supply Company, Inc. a/k/a Premier Restoration & Supply, Inc. and ( 2 ) 09/17/86 04/13/89 DOL 4/13/94 178 Front Ave., West Haven, Conn. 06516 Great South Beach Marine Construction, a/k/a Great South Beach Marine Construction, Inc. ( 2 ) 01/27/88 06/15/89 DOL 6/15/94 70 Browns River Road, Sayville, New York 11782 L 1 1 1 STATE OF NEW YORK DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ' ALBANY, N.Y. 12240 , TWO or MORE WILLFUL DETERMINATIONS 06/12/92 Page 2 (Continued) Mid -States Industries, Ltd. ' ( 2 ) 03/03/87 06/22/89 DOL 6/22/94 P 0 Box 4228 1105 Catalyn St., Schenectady, New York 12303 TAP Electrical Contracting Service, Inc. ( 2 ) 01/21/86 11/08/89 DOL 11/09/94 ' 926 Lincoln Ave., Holbrook, New York 11741 Dickson Painting, Inc. ( 2 ) 09/10/86 03/13/90 DOL 3/13/95 326 Maple Street, Endicott, New York 13760 Silver Springs Construction Corp. ( 2 ) 11/15/88 02/23/90 OOL 2/23/95 Box 204, Bald Mountain Rd.; Troy, New York 12180 Interior Systems Co. Inc. , ( 2 ) 08/24/84 03/19/90 DOL 3/19/95 3020 Cross Road; Johnson City, New York 13790 Hollywood Commercial Renewals,Inc. a/k/a Hollywood Commercial Renewals of Nassau,Inc. ( 2 ) 12/16/88 10/26/90 DOL 10/26/95 ' 359 Duffy Avenue, Hicksville, New York 11801 Stride Construction Company and Christopher Risdale 8 David Strano (Individually) ' ( 2 ) 4/06/87 11/15/90 DOL 11/15/95 78 Otis Street, Rochester, New York T. J. Marks 8 Sons Inc. ( 2 ) 7/01/87 10/19/90 DOL 10/19/95 , PO Box 145, Guilford, New York 13780 Montour Metals.Inc. 116 North Catherine St., Montour Falls,New York ( 2 ) 09/28/90 09/24/91 DOL 09/24/96 ' Sloan Steel Erectors 8 Equip.Rental,Inc. ( 2 ) 10/18/89 02/19/92 DOL 02/19/97 1560 Harlem Road, Buffalo, NY 14206 Note: •• Date was computed by adding 265 days during which a stay was effective to the 5 year debarred period. Note: Where the Fiscal Officer is denoted "NYC", the information has been provided by the New York City Comptroller's Office, the agency issuing the determinations. Any questions regarding these listings should be addressed directly to the Comptroller. The Bureau of Public Work of the New York State Department of Labor will respond with regard to listings where the Fiscal Officer is listed as "DOL". docm:debarred , L 1 1 ISTATE OF NEW YORK BUREAU OF PUBLIC WORK DEPARTMENT OF LABOR A STATE OFFICE BUILDING CAMPUS �* ALBANY, N.Y. 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION ' AS REQUIRED BY ARTICLE 8 OF THE LABOR LAW Submit this form for new schedules or for determination for additional occupations. Provide all information Requested Below SUBMITTED BY: ❑CONTRACTING AGENCY DATE (CHECK ONE) ❑ARCHITECT OR ENGINEERING FIRM ' A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting Agency) 1. Name and complete address(number, street, city or town, zip code)12. ❑ N.Y. State Units ❑ 07 City B. ARCHITECT OR ENGINEERING FIRM (NAME, ADDRESS, AND TELEPHONE NUMBER) I ❑ 01 DOT ❑ 02 OGS ❑ 03 DORMITORY AUTHORITY ❑ 04 STATE UNIVERSITY CONSTRUCTION FUND ❑ 05 MENTAL HYGIENE FACILITIES CORP. ❑ 06 OTHER N.Y. STATE UNIT ❑ 08 Local School Dist. ❑ 09 Special Local Dist. ❑ 10 Incorp. Village ❑ 11 Town ❑ 12 County ❑ 13 Other Non-N.Y. State (Describe) C. SERVICE REQUIRED (Check appropriate box, and provide project information) ❑ New Schedule of Wages and Supplements (complete items 1 and 2 only). 1. APPROXIMATE BID DATE 2. ESTIMATED COST OF PROJECT ❑ Additional Occupation and/or Redetermination (complete item 3 only) OFFICE USE ONLY 3. PRC NUMBER ISSUED PREVIOUSLY FOR THIS PROJECT D. REPLY SHOULD BE DIRECTED TO: (Name, title, mailing address and TELEPHONE NO.) E. PROJECT PARTICULARS (Check appropriate boxes in E1 and E2 and complete E3 and E4) ' 1. Nature of Project 2. PRIME Contracts to be Let ❑ 1. New Building ❑ General Construction ❑ Plumbing ❑ 2. Addition to Existing Structure ❑ Heating and Ventilation ❑ Electrical ❑ 3. Heavy and Highway Construction (New and Repair) ❑ Other ❑ 4. New Sewer or Waterline ❑ 5. Other New Construction (Explain) NO CONTRACT ❑ 6. Other Reconstruction, Maintenance, Repair or Alteration ❑ Work to be done by direct Employees ❑ 7. Demolition 3. Project TITLE and/or description of work to be performed (include contract identification number, if applicable) F. OCCUPATIONS FOR PROJECT ❑ Construction (Building, Heavy/Highway/Sewer/Water ❑ Tunneling ❑ Residential Local 4. Location of Project Route No./Street Address Village or City Town County OFFICE USE ONLY G. Name and Title of Requester Signature PW - 39 (10-84) SEE OTHER SIDE FOR LAWS RELATING TO PUBLIC WORK CONTRACTS u SECTION 30 AWARD AND EXECUTION OF CONTRACT 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the three (3) lowest bidders, will be returned after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the three (3) ' lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the Owner receives the Contract bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time the successful bidder signs the Contract, the successful bidder shall furnish the Owner, in triplicate, a surety bond guaranteeing the performance of the work and a surety bond guaranteeing the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. Each bond shall be fully executed by the bidder and his Surety., and shall be in a sum equal to one hundred percent (100%) of the amount of the Contract awarded. The Surety and the form of the bonds shall be acceptable to the Owner. The executed bonds shall be submitted to the 12/91 GP 30-1 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a Contract is made, the Owner reserves the right to reject a bidder's proposal for any of the following reasons: A. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS OF Section 20. B. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a Contract is made, the Owner reserves the right to reject any or all proposals, to award only the Base Bid, to award only an Alternate Bid (if any), or to award either the Base Bid or the Alternate Bid plus any or all Add -On Bids (if any); waive technicalities, if such waiver is in the best interest 1 of the Owner and is in conformance with applicable State and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner's best interests. 30-02 AWARD OF CONTRACT. The award of a Contract, if it is to be awarded, shall be made within forty- five (45) calendar days of the date speed for publicly opening proposals, unless otherwise specified herein. Award of the Contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner. Where alternates or add-on items are included in the bid, the lowest qualified bidder will be determined by comparison of the base bid, alternate bid or combination of base or alternate bid plus add-on items to be actually awarded by the Owner. 30-03 CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a Contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the three (3) lowest bidders, will be returned after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the three (3) ' lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the Owner receives the Contract bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time the successful bidder signs the Contract, the successful bidder shall furnish the Owner, in triplicate, a surety bond guaranteeing the performance of the work and a surety bond guaranteeing the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. Each bond shall be fully executed by the bidder and his Surety., and shall be in a sum equal to one hundred percent (100%) of the amount of the Contract awarded. The Surety and the form of the bonds shall be acceptable to the Owner. The executed bonds shall be submitted to the 12/91 GP 30-1 Owner within fifteen (15) calendar days after the date the Contract is mailed or otherwise delivered to the successful bidder. The date stated in the bonds shall be the date first written in the Agreement. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary Agreements for entering into the Contract and return such signed Contract to the Owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within fifteen (15) calendar days from the date mailed or otherwise delivered to the successful bidder. If the Contract is mailed, special handling is recommended. V 30-07 APPROVAL OF CONTRACT. Upon receipt of the Contract and Contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the Contract in accordance with local laws or ordinances, and return the fully executed Contract to the Contractor. Delivery of the fully executed Contract to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms of the Contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the Contract and furnish an acceptable surety bond or bonds within the fifteen (15) calendar day period specified in the Subsection 30-06 EXECUTION OF CONTRACT shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner. 30-09 COMMENCEMENT AND COMPLETION. The bidders are hereby notified that the time of completion is of the essence and, to that end, the Owner has determined that the completion dates as stated below and in the Contract and Specifications include adequate time for completing the work under this Contract. If the bidders consider that the time to complete the work is inadequate, they should not submit bids. The work of this Contract shall commence on the date stated in the written Notice to Proceed. The time of Total Completion is 50 working days and means that all of the work of the Contract is complete and in operating order. The bidder's attention is directed to the liquidated damage provisions of Item 80-08, FAILURE TO COMPLETE ON TIME. 30-10 POWER OF ATTORNEY. Attorneys who sign Contract Bonds and Payment Bonds must file with the bond a certified copy of their power of attorney to sign said bonds. 30-11 CONTRACT DRAWINGS FURNISHED TO CONTRACTORS. Each Prime Contractor will be furnished, free of charge, three (3) sets of full-size Contract Drawings. Any additional full-size sets or random sheets will be furnished by the Engineer at a cost to the Contractor of seventy-five cents ($0.75) per sheet. In addition, each Prime Contractor will be furnished, free of charge (only within the limits of availability), as many unexecuted Contract Documents Books and, where Contract Drawings have been reduced in size, as many sets of the reduced drawings as may be necessary for the prosecution of each Contract. END OF SECTION 12/91 GP 30-2 1 1 BID FOR ALL WORK INCLUDED IN THE CONSTRUCTION OF THE RUNWAY7-25 & 12-30 OVERLAY PROJECT AT THE ELIZABETH FIELD AIRPORT FISHERS ISLAND, NEW YORK TO: Town Board Town of Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 The undersigned, as bidder, hereby declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the Plans and Specifications for the work and Contractual Documents relative thereto and has read all Special Provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed. The bidder proposes and agrees, if this Proposal is accepted, to contract in the form of contract specified with the Town of Southold, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Runway 7-25 & 12-30 Overlay Contract in full and complete accordance with the shown, noted, described and reasonably intended requirements of the / Plans, Specifications and Contract Documents, to the full and entire satisfaction of the above said Town of Southold, with a definite understanding that no money will be allowed for extra work except as set forth in the attached General Conditions and Contract Documents, for the unit prices listed opposite each item. It is agreed that the description under each item, being briefly stated, implies, although it does not mention, all incidentals and that the prices stated are intended to cover all such work, materials and incidentals as constitute bidder's obligations as described in the Specifications and any details not specifically mentioned, but evidently included in the Contract shall be compensated for in the item which most logically includes it. I 11/91 BID -1A f 0 1 t This bid is based upon prevailing wages in Suffolk County, New York and in no case are wages considered less than those predetermined by the State and Federal Departments of Labor, schedules of which are contained in the Specifications. The quantities for bid items listed on the proposal sheet are estimated quantities only for the purpose of comparing bids. Any difference between these estimated quantities and actual quantities required for construction shall not be taken as a basis for claims by the Contractor for extra compensation. Compensation will be based upon the unit prices and actual construction quantities. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal Contract attached within 15 days and deliver a Surety Bond or Bonds as required by Section 30-05 of the General Provisions. The bidder further proposes and agrees hereby to commence construction with an adequate work force, plant and equipment on the date stated in the written notice to proceed and will progress therewith to its completion within the time stated in 30-09 Commencement and Completion and in accordance with this Contract and Specification. The bid bond or certified check in the amount of five percent (5%) of this bid shall become the property of the Owner in the event the Contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Attached hereto is a certified check on the for the sum of Dollars ($ SIGNATURE: Bank of or a bid bond made payable to the Town of Southold. IN WITNESS WHEREOF, the parties to these present have hereunto set their hands and seals the day and year first above written: The Contractor by such duly authorized officers or individuals as may be required by law. (SEAL) (SECRETARY) (WITNESS) BY: TITLE: NOTE: If Contractor is a corporation, Secretary should attest. 11/91 BID -2 (CONTRACTOR) NON -COLLUSIVE BIDDING CERTIFICATE The Signer of this Bid declares: A. That he has carefully examined the annexed form of the Agreement and Contract Documents. B. Pursuant to Section 103-d of the General Municipal Law, by submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint Bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1. The prices in this Bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder, and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and 3. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose of restricting competition. I hereby affirm under the penalties of perjury that the foregoing statement is true. BY: TITLE: t r t f I 11/91 BID -3 Affix Seal if Principal is Corporation BIDDER: BY: TITLE: t r t f I 11/91 BID -3 1 1 r y STATE OF NEW YORK) SS: COUNTY OF ) On the day of , 19 _, before me personally came Name of Bidder each person signing on behalf of Bidder to me known, who, being by me duly sworn, did swear and affirm that he resides at ; that he is the of the Bidder herein and signs the foregoing Non -Collusive Certification on behalf of such Bidder; that he executed the foregoing Non -Collusive Certification; and that, to the best of his knowledge and belief, the statement made in the foregoing Non- Collusive Certification is true. MY COMMISSION EXPIRES 11/91 BID -4 NOTARY PUBLIC i THIS FORM SHALL BE COMPLETED BY ALL BIDDERS AND SHALL ACCOMPANY ALL PROPOSALS. t t 1 e y The Bidder (Proposer) shall complete the following statement by checking the appropriate boxes. The Bidder (Proposer) has _ has not _ participated in a previous Contract subject to the Equal Opportunity clause prescribed by Executive Order 10925, or Executive Order 11114 or Executive Order 11246. The Bidder (Proposer) has has not _ submitted all compliance reports in connection with any such Contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed Subcontractors will be obtained prior to award of Subcon- tracts. If the Bidder (Proposer) has participated in a previous Contract subject to the Equal Opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Bidder (Proposer) shall submit a compliance report on Standard Form 100, "Employee Information Report EEO -i" prior to the award of Contract. Standard Form 100 is normally furnished employees annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a Contractor has not received the form, he may obtain it by writing to the following address: Joint Reporting Committee Post Office Box 2236 Norfolk, Virginia 20501 11/91 BID -5 1 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION CONTRACTS EXCEEDING $10,000 BIDDER'S NAME: ADDRESS: TELEPHONE NO.: INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION NUMBER: NON -SEGREGATED FACILITIES NOTICE TO PROSPECTIVE FEDERALLY -ASSISTED CONSTRUCTION CONTRACTORS: 1. A Certification of Non -Segregated Facilities must be submitted prior to the award of a Federally -assisted construction contract exceeding $10,000.00 which is not exempt from the provisions of the Equal Opportunity clause. 2. Contractors receiving Federally -assisted construction contract awards exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of the notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000.00 and are not exempt from the provisions of the Equal Opportunity clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION ON NON- SEGREGATED FACILITIES: 1. A Certification of Non -Segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000.00 which is not exempt from the provisions of the Equal Opportunity clause. 2. Contractors receiving subcontract awards exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000.00 and are not exempt from the provisions of the Equal Opportunity clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION OF NON -SEGREGATED FACILITIES: The Federally -assisted construction contractor certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments and that it does not permit its employees to perform their services at any location, under its control, where. segregated facilities are maintained. The Federally -assisted construction contractor certifies that it will not maintain or provide, for its employees, segregated facilities at any of its establishments and that it will not permit its employees to perform services at any location, under its control, where segregated facilities are maintained. The Federally -assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex or national origin, because of habit, local custom, or any other reason. The Federally- 11/91 ederally-I1/91 BID-( 1 assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity clause and that he will retain such certifications in his files. Certification: The information above is true and complete to the best of my knowledge and belief. (Name and Title of Signer) SIGNATURE: DATE: NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 11/91 BID -7 1 t e Ll r i t STATEMENT OF SURETY'S INTENT TO: We Have Reviewed The Bid of (Contractor) of (Address) for (Project) Bids for Which Will be Received On: (Bid Opening Date) and wish to advise that should this Bid of the Contractor be accepted and the Contract awarded to him, it is our present intention to become surety on the performance bond and labor and material bond required by the Contract. Any arrangement for the bonds required by the Contract is a matter between the Contractor and ourselves and we assure no liability to you or third parties if for any reason we do not execute the requisite bonds. We are duly authorized to do business in the State of New York. ATTEST: Surety's Authorized Signature(s) Attach Power of Attorney (Corporate seal, if any. If no seal, write "No Seal" across this place and sign.) (This Form Must Be Complete Prior To The Submission Of The Bid) 1 11/91 BID -8 ADDENDA RECEIPT Receipt of the following Addenda is acknowledged: ADDENDUM NO.: ADDENDUM NO.: ADDENDUM NO.: P.O. Address: Dated: DATED: DATED: DATED: (Firm or Corporation Making Bid) (Signature of Authorized Person) The full names and residences of all persons interested in this bid as principals are as follows: Bidders must fill out the above complete. 1 11/91 BID -9 L 1 (l 1 t L r r 11 BUY AMERICAN CERTIFICATE (JAN 1991) By submitting a bid/proposal under this solicitation, except for those items listed by the offeror below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each manufactured product, is produced in the United States (as defined in the clause Buy American - Steel and Manufactured Products or Buy American - Steel and Manufactured Products For Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain from the Owner, lists of articles, materials, and supplies excepted from this provision. PRODUCT COUNTRY OF ORIGIN BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) (a) The Contractor agrees that only domestic steel and manufactured products will be delivered and used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, as defined in (b) below. (b) The following terms apply to this clause: 1. Steel and Manufactured Products. As used in this clause, steel and manufactured products include (1) those produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. 1 11/91 BID -10 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SUBCONTRACTORS AND SUPPLIERS SUBCONTRACTOR AND SUPPLIER NAME AND TITLE OF SIGNER SIGNATURE AND DATE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 11/91 BID -11 Ul t Date 11/91 BID -12 DISADVANTAGEDBUSINESS ENTERPRISE REQUIREMENTS To meet the requirements of Department of Transportation, Regulation 49 CFR Part 23, all bidders will provide evidence of the methods they have used to meet the Disadvantaged Business Enterprise goal as published in the Sponsor's Disadvantaged Business Enterprise Plan and approved by the Department of Transportation. The DBE participation goal for this project is 10%. All bidders must submit an assurance stating the percentage of Disadvantaged Businesses they intend to employ on this project. WITHIN 15 DAYS AFTER THE OPENING OF BIDS AND BEFORE THE AWARD OF A CONTRACT, ALL BIDDERS OR PROPOSERS WISHING TO REMAIN IN COMPETITION FOR THE CONTRACT SHALL SUBMIT: 1. Name(s) of Disadvantaged Business Enterprise subcontractor(s) they intend to use. 2. Description of work each is to perform. 3. Dollar value of each proposed Disadvantaged Business Enterprise subcontract. REQUIRED ASSURANCE TO BE INCLUDED IN ALL BID PROPOSALS This firm assures that it will utilize not less than % of Disadvantaged Business participation. CERTIFICATION OF BIDDER FOR THE ABOVE: BIDDER'S NAME: ADDRESS: 1 IRS NUMBER: Signature and Title Ul t Date 11/91 BID -12 CONTRACTOR'S CERTIFICATION OF ELIGIBILITY The bidder/offeror certifies, by submission, of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. IThat, the information above is true and complete to the best of my knowledge. F1 Signature Name and Title (Please Print) Date INOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 1 END OF SECTION u 1 i 1 11/91 BID -13 AGREEMENT THIS CONTRACT, in copies, made and entered into this day of 19 _, by and between the ZZ , Party of the First Part, and of County of State of hereinafter designated as the CONTRACTOR, Party of the Second Part. WITNESSETH: That the parties hereto, each in consideration of the Agreements on the part of the other herein contained have mutually agreed and hereby mutually agree, the Party of the First Part for itself and its successors, and the Party of the Second Part for itself, himself, or themselves and its successors, his or their executors, administrators and assigns as follows: 1 Article 1. DESCRIPTION. Under this Agreement and Contract the Contractor shall construct: RUNWAY 7-25 AND 12-30 OVERLAY PROJECT Article 2. In consideration of the payments to be made as hereinafter provided, and of the performance by the Owner of all of the matters and things to be performed by the Owner as herein provided, the Contractor agrees, at his own sole cost and expense, to perform all the labor and services and to furnish all the labor and materials, plant and equipment, necessary to complete and to complete in good, substantial workmanlike and approved manner, the work described under Article 1 hereof, within the time hereinafter specified and in accordance with the terms, conditions and provision of this Contract and with the instructions, orders and direction of the Engineer made in accordance with this Contract. Article 3. The Owner agrees to pay and the Contractor agrees to accept as full compensation for all work done, and materials furnished, and also for all costs and expenses incurred and loss or damages sustained by reason of the action of the elements, or growing out of the nature of the work, or from any unforeseen obstruction or difficulty encountered in the prosecution of the work, and for all risks of every description connected with the suspension or discontinuance of the work as herein specified, and for faithfully completing the work, and the whole thereof, as herein provided, and for maintaining the work in good condition until the final payment is made, the prices stipulated in the Bid hereto attached. Article 4. CONTRACT DOCUMENTS. The following documents shall constitute integral parts of the Agreement, the whole to be collectively known and referred to as the Contract; Advertisement; General Provisions; Bid; Agreement; Special Provisions; Contract Drawings; and all interpretations of or addenda to the Contract Documents issued by the Owner or the Engineer with the approval of the Owner. The Table of Contents, Headings and Titles contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way effect, limit or cast light on the interpretation of the provisions to which they refer. Article 5. If the Contractor shall fail to comply with any of the terms, conditions, provisions or stipulations of this Contract, according to the true intent and meaning thereof, then the Owner may make use of any or all remedies provided in that behalf in the Contract and shall have the right and power to proceed in accordance with the provisions thereof. 12/89 AGR -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Article 6. The following alterations and addenda have been made and included in this Contract before it was signed by the parties thereto: IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals and have executed this Agreement, in copies, the day and year first above written. (SEAL) (SEAL) 12/89 TOWN OF SOUTHOLD By: By: AGR -2 Mr. Scott L. Harris, Town Supervisor (Contractor) 1 AGREEMENT (ACKNOWLEDGMENT OF OFFICER OR OWNER ATTESTING CONTRACT) STATE OF ) SS: COUNTY OF ) On this day of 19 _, before me personally came and appeared P Y PP to me known, who, being by me duly sworn, did depose and say that he is the of the described in and executed the foregoing instrument, that he knows the seal of said Owner; that one of the impressions appearing on said instrument is a true and correct impression of such seal; and that he affixed it thereto and attest the same over his signature by virtue of the authority in him vested. j! Notary Public AGREEMENT (ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION) STATE OF ) SS: COUNTY OF ) On this day of , 19 , before me personally came and appeared to me known, who, being by me duly sworn, did depose and say that he resides at that he is the of the corporation described in which executed the foregoing instrument; that he knows the seal of said corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the Directors of said corporation, and that he signed his name thereto by like order. Notary Public 1 12/89 AGR -3 1 1 1 1 1 1 1 1 AGREEMENT (ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP) STATE OF ) SS: COUNTY OF ) On this day of 19 _, before me personally came and appeared tome knownand known to me to be one of the members of the firm of described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same as and for the act and deed of said firm. Notary Public AGREEMENT (ACKNOWLEDGMENT OF CONTRACTOR, IF AN INDIVIDUAL) STATE OF ) SS: COUNTY OF ) On this day of 19 _, before me personally came and appeared to me known and known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same. 12/89 Notary Public AGR -4 1 f 1 1 1 1 i 1 1 i 1 1 1 1 1 1 1 1 1 AGREEMENT (CERTIFICATE OF OWNER'S ATTORNEY) I, the undersigned, , the duly authorized and acting legal representative of the Owner, do hereby certify as follows: I have examined the foregoing Contract and surety bond and the manner of execution thereof, and I am of the opinion that each of the aforesaid Agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said Agreements on behalf of the respective parties named thereon; and that the foregoing Agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof. END OF SECTION 12/89 AGR -5 Owner's Attorney Date F 11 SECTION 40 SCOPE OF NVORK 40-01 INTENT OF CONTRACT. The intent of the Contract is to pro%ide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the Plans, Specifications, and terms of the Contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The Owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded Contract quantities, provided that the aggregate of such alterations does not change the total Contract cost or the total cost of any major contract item by more than twenty-five percent (25%) (total cost being based on the unit prices and estimated quantities in the awarded Contract). Alterations which do not exceed the twenty-five percent (251,7o) limitation shall not invalidate the Contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original Contract. These alterations which are for work within the general scope of the Contract shall be covered by "Change Orders" issued by the Engineer. Change Orders for altered work shall include extensions of Contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the twenty-five percent (25%) limitation hereinbefore specified, such excess altered work shall be covered by Supplemental Agreement. If the Owner and the Contractor are unable to agree on a unit adjustment for any Contract item that requires a Supplemental Agreement, the Owner reserves the right to terminate the Contract with respect to the item and make other arrangements for its completion. All Supplemental Agreements shall be approved by the FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the Supplemental Agreement exceeds two thousand dollars ($2,000.00). However, if the Contractor elects to waive the limitations on work that increases or decreases the originally awarded Contract or any major Contract item by more than twenty -rive percent (25%), the Supplemental Agreement shall be subject to the same U. S. Secretary of Labor wage determination as was included in the originally awarded Contract. All Supplemental Agreements shall require consent of the Contractor's surety and separate performance and payment bonds. ' 40-03 OMITTED ITEMS. The Engineer may, in the Owner's best interest, omit from the work any Contract item, except major Contract items. Major Contract items may be omitted by a Supplemental Agreement. Such omission of Contract items shall not invalidate any other Contract provision or requirement. Should a Contract item be omitted or otherwise ordered to be non -performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the Contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original Contract or previously issued Change Orders or Supplemental Agreements, the same shall be called Extra Work. Extra work that is within the general scope of the Contract shall be covered by written Change Order. Change Orders for such extra work shall contain agreed unit and/or lump sum prices for performing the Change Order work in accordance with the requirements specified in the order and shall contain any adjustment to the Contract time that, in the Engineer's opinion, is necessary for completion of such extra work. 1 12/89 GP 40-1 1 Extra work to be performed on the basis of agreed prices where no applicable unit or lump sum prices have been included in the Contract shall be based upon a Contractor's price analysis for the work. The price analysis will be completed as outlined in the subsection of Section 90 titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. 1 When determined by the Engineer to be in the Owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the Project, but is not within the general scope of the work covered by the original Contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment for extra work that is not covered by written Agreement (Change Order or Supplemental Agreement) shall be rejected by the Owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the Contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her Subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her Subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire -rescue equipment, or maintenance vehicles at the airport. When the Contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the Contract, Plans, and Specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish, erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), , unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly but shall be included in the various Contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various Contract items. 71 J 12/89 GP 40-2 A Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the Plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the Contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the Contract and shall remain the property of the Owner when so utilized in the work. 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK- Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the Contract to be either ' embankment or waste, he may at his/her option either: A. Use such material in another Contract item, providing such use is approved by the Engineer and is in conformance with the Contract Specifications applicable to such use; or, B. Remove such material from the site, upon written approval of the Engineer; or, C. Use such material for his/her own temporary construction on site; or, D. Use such material as intended by the terms of the Contract. Should the Contractor wish to exercise option A, B, or C, he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option A, B, or C, the Contractor shall be paid for the excavation or removal of such material at the applicable Contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the Contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option A, the Contractor shall be paid at the applicable Contract price for furnishing and installing such material in accordance with requirements of the Contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of this exercise of option A, B, or C. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the Contract, Plans, or Specifications. 40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. 40-09 DEBRIS. The Contractor shall remove all debris and rubbish resulting from his work at frequent intervals on the order of the Engineer, and at completion leave the premises broom -clean and everything in perfect order and repair. Upon neglect or refusal of any Contractor to keep the premises clear, the Engineer shall have the authority to have such work performed, and the cost of the same shall be charged to the 12/89 GP 40-3 Contractor in default and collected from any monies which have or may become due on this Contract; and the Engineer shall issue no certificates of payment on the Contract until premises arc clear and in good order, and all claims created properly adjusted. 40-10 SUBSURFACE CONDITIONS. Boring information, if applicable, has been obtained by the Owner in the vicinity of the work of this Contract and as shown on separate sheets which are not part of the Contract Drawings nor any part of the Contract Documents. The boring information shown on these drawings or sheets is available to bidders, Contractors and other interested parties only as a convenience and is made available without expressed or implied representation, assurance or guarantee that the information is adequate, complete or correct, or that it represents a true picture of the subsurface conditions to be encountered or that all pertinent boring information in the possession of the Owner or Engineer has been furnished. It shall be the Contractor's obligation to satisfy himself as to the nature, character, quality, and quantity of subsurface conditions likely to be encountered and any reliance upon the boring information made available by the Owner shall be at the Contractor's risk. The Contractor agrees that he shall neither have nor assert against the Owner or Engineer any claim for damages or extra work or for relief from any obligation of this Contract based upon the boring information made available or based upon the failure by the Owner to furnish additional or all boring information in the Owner's or Engineer's possession. Any holder of Contract Documents will be permitted to make test borings, test pits, soundings, etc. on the test site of the work if he so desires, subject to approval by the Owner. It should be understood that the party or parties receiving such approval must assume all risk and liability contingent thereto. END OF SECTION 12/89 GP 40-4 SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the Specifications or Plans relating to the work, the fulfillment of the Contract on the part of the Contractor, and the rights of different Contractors on the Project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for under the Contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the Contract, Plans, or Specifications. If the Engineer finds the materials furnished, work performed, or the finished product is not within reasonably close conformity with the Plans and Specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his/her determination that the affected work be accepted and remain in place. In. this event, the Engineer will document his/her determination and recommend to the Owner a basis of acceptance which will provide for an adjustment in the Contract price for the affected portion of the work. The Engineer's determination and recommended Contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the Contract price shall be covered by Contract modifications (Change Order or Supplemental Agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the Plans and Specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the Contract, Plans, and Specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the Contract, Plans, and Specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the Contract, Plans and Specifications. 50-03 COORDINATION OF CONTRACT, PLANS AND SPECIFICATIONS. The Contract, Plans, Specifications, and all referenced standards cited are essential parts of the Contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; Contract Technical Specifications shall govern over Contract General Provisions, Plans, cited standards for materials or testing, and cited FAA Advisory Circulars; Contract General Provisions shall govern over Plans, cited standards for materials or testing, and cited FAA Advisory Circulars; Plans shall govern over cited standards for materials or testing and cited FAA Advisory Circulars. The Contractor shall not take advantage of any apparent error or omission on the Plans or Specifications. In 1 11/91 GP 50-1 I the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. I 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with three (3) copies each of the Plans and Specifications. He shall have available on the work at all times one (1) copy each of the Plans and Specifications. Additional copies of Plans and Specifications may be obtained by the Contractor as specified in the subsection titled CONTRACT DRAWINGS FURNISHED TO CONTRACTORS of Section 30. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other Contractors in every way possible. The Engineer shall allocate the work and designate the sequence of construction in case of controversy between Contractors. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the Plans and Specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this Contract. When separate Contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her Contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The .Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The designation "Subgrade" is the bottom line or surface to which the excavations are necessarily made for the purpose of building the work in accordance with the Drawings, not including the additional depth of excavation required for any special foundation that may be ordered. "Invert" or "grade line" for pipes and sewers mentioned in these Specifications and indicated on the Drawings refers to the inside bottom of the pipe of the surface upon which sewage or water flows along the centerline of the completed work. The Contractor must furnish all control for the layout and construction of the work. Basic control information has been shown on the Plans. The Engineer, at the request of the Contractor, will set a benchmark at a location to be determined for the Contractor's control prior to construction. The Contractor shall give the work his/her personal attention and supervision, layout his/her own work, do all necessary leveling and measuring, or employ a competent engineer to do so. It shall be no part of the duty of the Engineer, or any of the inspectors, to perform any of this service, but if any such service should be done by the Engineer or any of the inspectors, it shall be done at the request and with the approval of the Contractor interested, and no pleas as to the acts or directions of others than the Engineer will be admitted in justification of any errors of construction where a departure is made from the Drawings, Specifications, or Contract, and such plea in justification shall in no way be binding upon the Owner. Figures and full-size drawings shall take precedence over scale measurements and drawings. 11/91 GP 50-2 1 L] Any Contractor performing constructive or finish work of any kind or character, which is of corresponding relationship with work performed by another Contractor, shall layout his/her work according to the work already constructed and take all exact measurements therefrom, and prepare all Shop Drawings in accordance with the same, and complete all work to the exact measurements thus obtained and without creating any claim or obligation on the Owner. If any part of the Contractor's work is dependent for its proper execution, or for its subsequent efficiency or appearance, on the character or condition of associated or contiguous work not executed by him, the Contractor shall examine such associated or contiguous work, and shall report to the Engineer, in writing, any imperfections therein or any conditions that render it unsuitable for the reception of his/her work. In case the Contractor proceeds without making such written report, he shall be held responsible for any defects in his/her own work in consequence thereof, and shall not be relieved of the obligation of any guarantee because of any such imperfection or condition. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the Contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period of forty-eight (48) hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the Contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the Contract. Inspectors are not authorized to issue instructions contrary to the Plans and Specifications or to act as foreman for the Contractor. Inspectors employed by the Owner are authorized to notify the Contractor or his/her representative of any failure of the work or materials to conform to the requirements of the Contract, Plans, or Specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. 50-09 INSPECTION OF THE WORK All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as Extra Work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the Contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (Contract) Owner, authorized representatives of the Owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility Owner a party to the Contract, and shall in no way interfere with the rights of the parties to this Contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK All work which does not conform to the requirements of the Contract, Plans, and Specifications will be considered unacceptable unless otherwise determined acceptable by the Engineer, as provided in the subsection titled CONFORMITY WITH PLANS 1 11/91 GP 50-3 El AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. No work will be done prior to the Engineer's establishment of a benchmark for the Contractor's control (as described in the subsection of this section titled CONSTRUCTION LAYOUT AND STAKES) if such is required by the Contractor for the construction of this project. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the Plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a Contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted, shall be included in the unit prices bid on the various Contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the Project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the Contract; he may accept it as being 11/91 GP 50-4 1 LJ completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the Contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire ' Project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the Contract is found to be completed in accordance with the Contract, Plans, and Specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same, and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the Contract, Plans, or Specifications or previously authorized as Extra Work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within ten (10) calendar days, submit his/her written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50-17 SHOP AND SETTING DRAWINGS. "Shop and Setting Drawings" or "Working Drawings" shall be supplied for each and every fabricated item or part. Drawings and data shall be submitted sufficiently in advance of the work to permit proper review, including time for necessary revisions and resubmittals. Delay to the work caused by late submission of Shop Drawings shall be the responsibility of the Contractor making such late submission. Shop and setting drawings shall present complete and accurate information relative to all working dimensions, equipment weight assembly and sectional view, all the necessary details, pertaining to coordinating -the work of the Contract, lists of materials and finishes, parts lists and the description thereof, lists of spare parts and tools where such parts or tools are required, no -scale control diagrams for control wiring and control piping, and any other items of information that are required to demonstrate detail compliance with the Plans and Specifications. If the Contractor proposes equipment requiring materially different layout from that shown on the Plans and if such equipment is approved by the Engineer, the Contractor shall submit drawings showing the revised layout of all affected structures, piping and equipment. Each drawing shall be dated and shall show the name of the Project, Contract Number and the name of the manufacturer of the equipment covered by the drawing or drawings. The Engineer will not review any drawings that are not properly identified or that do not contain complete data on the work or that have not been checked, stamped and signed by the Contractor for compliance with the Contract Documents. 1 11/91 G P 50-5 l��II LJ The Engineer's review of the Contractor's Shop Drawings signifies only that such drawings appear to be in substantial conformity with the Contract Drawings and Specifications or with the Engineer's instructions. Such review does not indicate approval of every detail of the drawings nor of the work methods of the Contractor which are indicated thereon. Regardless of the corrections made in or made of such drawings by the Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings, for their conformity to the Plans and Specifications and for the proper fitting and construction of the work. No work covered by shop and setting drawings shall be done until the drawings have been reviewed by the Engineer. 50-18 ELECTRICAL SHOP DRAWINGS. Drawings for electrical equipment shall show physical dimensions and installation details and shall include elementary and connection diagrams for each control assembly and the interconnection diagrams for all equipment. The drawings shall show clearly the coordination of control work, shall identify the components external to electrical equipment and shall define the contact arrangement and control action of the primary and final control elements. Where standard electrical control equipment having complex internal wiring is required, such as boiler control panels, generator transfer panels, electric or electronic instruments and similar items, the detail shop wiring diagrams for such equipment will not be required, and, if submitted, will in general not be reviewed. The submittal for each such item of equipment shall, however, include an elementary diagram of the input and output elements which require connections to external equipment, and/or a complete step by step description of the control action of the equipment being submitted. In the event that any questions shall arise as to the type of information to be presented on the submittal, the supplier shall direct inquiries to the Engineer through the Prime Contractor in advance of the preparation of his/her submittal. 50-19 SHOP DRAWING APPROVAL PROCEDURE. The following procedure has been established for the submittal and processing of shop and setting drawings. Departures from this procedure may result in delay and misunderstandings. A. In submitting drawings, catalog data, and similar items for review, at least four (4) copies shall be submitted. This number includes one (1) for return to the Contractor bearing the review stamp. If the Contractor desires more than one (1) copy returned to him, he shall submit with the initial and subsequent transmittals the additional number desired up to a maximum of three (3) copies. If the , Engineer requires additional copies, he will so inform the Contractor upon return of the reviewed material. Additional copies of reviewed Shop Drawings will be requested in the cases where the subject matter shown thereon requires coordination of two or more prime Contracts. Two (2) copies of each of such drawings received will be re -transmitted by the Engineer, whenever possible, to each of the other prime Contractors whose work is to be correlated with such drawings. The Engineer will re -transmit these , drawings in order to facilitate each Contractor's coordination of his/her own work with that of the other Contracts. B. For transmitting data for review, two (2) conies of the letter of transmittal will be required by the Engineer's office. Form letters may be used. C. All correspondence other than simple transmittal of data shall be in triplicate. D. Unless otherwise requested, a single copy of the correspondence emanating from the Engineer's office will be sent. Additional copies of correspondence up to a maximum of four (4) copies will be provided, if requested. E. Drawings and similar data will be stamped as follows: I 11/91 GP 50-6 1 1. "Approved", if no change or rejection is made. All but three (3) copies of the submitted data will be returned. 2. "Approved As Noted", if minor changes or additions are made, but resubmittal is not considered necessary. All but three (3) copies of the submitted data will be returned and all copies will bear the corrective marks. 3. "Returned For Correction", if the changes requested are extensive. In this case, resubmittal after correction is necessary and the same number of copies shall be included in the resubmittal as in the first submittal. One (1) copy of the first submittal will be retained by the Engineer's office and only two (2) copies will be returned to the Contractor unless the Contractor has requested the return of additional copies as set forth above. All other copies will be destroyed. 4. "Rejected", if it is considered that the data submitted cannot with reasonable revision meet the requirements of the Plans and Specifications. As in "3" above, only two (2) copies will be returned unless additional copies have been requested. One (1) copy will be retained by the Engineer's office and all others will be destroyed. 5. "Incomplete Submission", if the data submitted is not clear, complete, or for other reasons cannot be examined by the Engineer to establish compliance with the Plans and Specifications. Only two (2) copies will be returned to the Contractor, one (1) copy will be retained by the Engineer and all other copies shall be destroyed. 6. Unless otherwise approved in specific cases, all data must be transmitted by the Prime Contractor; not by the Subcontractors or vendors. 7. Any changes other than those indicated as requested,made in drawings or other data, must be specifically brought to the attention of the Engineer upon resubmittal. Changes or additions shall not be made in or to reviewed data without re -review. 8. In order to eliminate cross filing, it is required that the subject matter of any one drawing be limited to one Payment Item. 50-20 REMOVAL OF WATER. The Contractor shall at all times during construction, provide and maintain proper and satisfactory means and devices for the removal of all water entering the excavations, and shall remove all such water as fast as it may collect, in such manner as shall not interfere with the prosecution of the work or the proper placing of materials or other work. Removal of water includes the construction and removal of cofferdams, sheeting and bracing, the furnishing of materials and labor necessary therefore, the excavation and maintenance of ditches and sluiceways and the furnishing and operation of pumps, wellpoints and appliances needed to maintain thorough drainage of the work in a satisfactory manner. Water shall not be allowed to rise over or come in contact with any masonry, concrete or mortar, until at least twenty-four (24) hours after placement and no stream of water shall be allowed to flow over such work until such time as the Engineer may permit. Unless otherwise specified, all excavations which extend down to or below the static groundwater elevations at the sites of structures shall be dewatered by lowering and maintaining the groundwater beneath such excavations at an elevation not less than that specified herein at all times when work thereon is in progress, during subgrade preparation and the placing of the structure or other materials thereon. I, Where the presence of fine grained subsurface materials and a high groundwater table may cause the upward flow of water into the excavation with a resulting quick condition, the Contractor shall install and operate a suitable dewatering system to prevent the upward flow of water during construction. 11/91 GP 50-7 Water pumped or drained from excavations, or any sewers, drains, or water courses encountered in the work, shall be disposed of in a suitable manner without injury to adjacent property, the work under construction, or to pavements, roads and drives. No water shall be discharged to sanitary sewers. Sanitary sewage shall be pumped to sanitary sewers or shall be disposed of by an approved method. Any damage caused by improper handling of water shall be repaired by the Contractor at his/her own expense. 50-21 SHEETING AND BRACING. The Contractor shall furnish, place and maintain such sheeting, bracing , and shoring as required to support the sides and ends of excavations in such a manner as to prevent any movement which would in any way damage the pipe, sewers, masonry or other work, diminish the width necessary, otherwise damage or delay the work, or endanger existing structures, pipes or pavements, or to occasion a hazard to persons engaged on the project or to the general public. Sheeting and bracing or other trench protection shall be utilized as required for the safety of employees exposed to the hazard of falling or sliding material from any trench or excavation in conformance with the , provisions of Industrial Code Rule 23 as amended, and OSHA. The Contractor shall submit details of all sheeting to be used on this project to the Engineer for review. These submitted details must be signed and stamped by a Professional Engineer licensed to practice in New York State. The Contractor shall be responsible for the adequacy of all trench support systems used and for all damage to persons or property resulting from improper quality, strength, placing, maintenance and removal. All material used for sheeting and bracing shall be sound and free from defects which might impair its strength or effectiveness. 11/91 GP 50-8 The effluent pumped from the dewatering system shall be examined periodically by qualified personnel to determine if the system is operating satisfactorily without the removal of fines. Unless otherwise directed by the Engineer or shown on the Contract Documents, the water level shall not be permitted to rise until construction in the immediate area is completed and the excavation backfilled to the original grade or proposed grade. Where well points are used, the groundwater shall be lowered and maintained continuously (day or night) at a level not less than two (2) feet below the bottom of the excavation. Excavation will not be permitted at a level lower than two (2) feet above the water level as indicated by the observation wells. The wellpoint system shall be designed or installed by or under the supervision of an organization whose principal business is wellpointing and has at least five (5) consecutive years of similar experience and can furnish a representative list of satisfactory similar operations. Wellpoint headers, points and other pertinent equipment shall not be placed within the limits of the excavation in such a manner or location as to interfere with the laying of pipe or trenching operations or with the excavation for and/or construction of other structures. Standby gasoline or diesel powered equipment shall be provided so that in the event of failure of the operating equipment, the standby equipment can be readily connected to the dewatering system. The standby equipment shall be maintained in good order and actuated regularly not less than twice a week when directed. Wellpoints shall be installed in the center of a sand wick drain which shall be placed by means of a sanding shell or other approved means to provide a sand core not less than ten (10) inches in diameter. Detached observation wells of similar construction to the wellpoints shall be installed at intervals of not less than fifty (50) feet along the opposite side of the trench from the header pipe and line of wellpoints, or around the excavation for a structure or as shown on the Contract Drawings, to a depth of at least five (5) feet below the proposed excavation. in addition, one wellpoint in every fifty (50) feet shall be fitted with a tee, plug and valve so that the wellpoint can be converted for use as an observation well. Observation wells shall be not less than one and one-half (11k) inch in diameter. Water pumped or drained from excavations, or any sewers, drains, or water courses encountered in the work, shall be disposed of in a suitable manner without injury to adjacent property, the work under construction, or to pavements, roads and drives. No water shall be discharged to sanitary sewers. Sanitary sewage shall be pumped to sanitary sewers or shall be disposed of by an approved method. Any damage caused by improper handling of water shall be repaired by the Contractor at his/her own expense. 50-21 SHEETING AND BRACING. The Contractor shall furnish, place and maintain such sheeting, bracing , and shoring as required to support the sides and ends of excavations in such a manner as to prevent any movement which would in any way damage the pipe, sewers, masonry or other work, diminish the width necessary, otherwise damage or delay the work, or endanger existing structures, pipes or pavements, or to occasion a hazard to persons engaged on the project or to the general public. Sheeting and bracing or other trench protection shall be utilized as required for the safety of employees exposed to the hazard of falling or sliding material from any trench or excavation in conformance with the , provisions of Industrial Code Rule 23 as amended, and OSHA. The Contractor shall submit details of all sheeting to be used on this project to the Engineer for review. These submitted details must be signed and stamped by a Professional Engineer licensed to practice in New York State. The Contractor shall be responsible for the adequacy of all trench support systems used and for all damage to persons or property resulting from improper quality, strength, placing, maintenance and removal. All material used for sheeting and bracing shall be sound and free from defects which might impair its strength or effectiveness. 11/91 GP 50-8 1 All timber sheeting and bracing shall be sound and straight, free from cracks, shakes and large or loose knots, with dressed edges where directed and shall otherwise conform with National Design Specifications for Stress Grade Lumber for lumber of a minimum fiber stress of 1,200 pounds per square inch. i All steel sheeting and bracing shall be sound and straight, free from bends, twists or splits, having square and undamaged ends and shall otherwise conform with ASTM Designation A328 -75A and shall have a minimum thickness of 3/8 -inch. Sheeting shall be driven vertically from the original ground surface as the excavation progresses. Sufficient toe support shall be sustained so as to maintain pressure against the original ground at all times. ' Timber sheeting shall be driven so that edges are tight together and steel sheeting driven with the individual members interlocking. All bracing shall be of such design and strength as to maintain the sheeting in its proper position. If, in the judgement of the Engineer, the sheeting or supports furnished are inadequate or unsuited for the purpose, he may order such sheeting or bracing to be replaced or additional sheeting and bracing to be installed. Any sheeting and bracing ordered and so installed for such purpose shall be furnished and installed 1 at the expense of the Contractor. Whether or not the Engineer orders any additional sheeting or bracing to be installed or unsuitable sheeting or bracing to be replaced, the Contractor shall be solely responsible for the adequacy of all sheeting and bracing. In general, all sheeting and bracing, whether of steel, timber or other material, used to support the sides of trenches or other open excavations, shall be withdrawn as the trenches or other open excavations are being refilled. That portion of the sheeting extending below the top of a pipe, sewer or structure shall be withdrawn, unless otherwise directed, before more than 6 inches of earth is placed above the top of the pipe, sewer or structure and before any bracing is removed. The voids left by the sheeting shall be carefully refilled with selected material and rammed tight with tools especially adapted for the purpose or otherwise as may be approved. The Contractor shall be responsible for the adequate shoring and/or bracing of any existing utilities encountered during the excavation. Such utilities shall be braced or shored in a manner acceptable to the local jurisdictional agency having authority over the utility encountered. It shall be the responsibility of the Contractor to prevent damage to or displacement of utilities, and to work with and request the concurrence of the utility's company representative in this matter. The Contractor shall give written notice, seventy-two (72) hours in advance of excavation operations, to all utility companies with services in the vicinity of such operations. A copy of such notification shall be filed with the Engineer. The use of a trench shield, box or similar device in place of sheeting and bracing will not be allowed. The Contractor, as a minimum, shall tight sheet and brace those areas shown on the Contract Drawings. END OF SECTION 1 1 11/91 GP 50-9 1 SECTION 60 CONTROL OF MATERIALS I 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the Contract, Plans, and Specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the Contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is started. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited Materials Specifications. In addition, where an FAA Specification for airport lighting equipment is cited in the Plans or Specifications, the Contractor shall furnish such equipment that is: A. Listed in the FAA Advisory Circular AC 150/5345- 1, Approved Airport Equipment, that is in effect on the date of advertisement; and, B. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. The following airport lighting equipment is required for this Contract and is to be furnished by the Contractor in accordance with the requirements of this subsection: EFFECTIVE FAA AC OR CITED FAA APPROVAL LETTER FOR EQUIPMENT NAME SPECIFICATION EQUIPMENT AND MANUFACTURER Cable Connectors L-823 150/5345-26B Underground Electrical Cable L-824 150/5345-7D 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the Owner. THE COST OF ALL FAILING TESTS SHALL BE BORNE BY THE CONTRACTOR. Samples will be taken by a qualified representative of the Owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. I 12/89 GP 60-1 1 11 1 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use prior � y p , p o to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance 1 stating that such materials or assemblies fully comply with the requirements of the Contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with Contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. No payment shall be made on any item for which acceptable certificates of compliance have not been submitted ■ to the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the It is understood and agreed that the Owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the Contract, Plans, or Specifications. 12/89 GP 60-2 specified 'brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: A. Conformance to the specified performance, testing, quality or dimensional requirements; and, B. Suitability of the material or assembly for the use intended in the Contract work. Should Contractor furnish "or the propose to an equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: A. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. B. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. C. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may ' be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the Owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the Contract, Plans, or Specifications. 12/89 GP 60-2 1 60-05 FIELD OFFICE. The Contractor shall furnish a field office as shown and specified. I 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the Plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the Owner or Lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the Owner or Lessee of the property. 60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the Contract, Plans, or Specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. No rejected material or assembly, the defects of which have been corrected by the Contractor, shall be returned to the site of the work until such time as the Engineer has approved its use in the work. 60-08 OWNER -FURNISHED MATERIALS. The Contractor sball furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the Owner. Owner -furnished materials shall be made available to the Contractor at the location speed herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner -furnished materials shall be included in the unit price bid for the Contract Item in which such Owner - furnished material is used. After any Owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such Owner -furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner -furnished materials. , END OF SECTION I 12/89 GP 60-3 1 t 1 SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and State laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) is indicated as follows: Owner Location Person To Contact None Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this Contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as Extra Work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the Contract, Plans, or Specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 11/91 GP 70-1 70-05 FEDERAL AID PARTICIPATION. For A1P Contracts, the United States Government has agreed to reimburse the Owner for some portion of the Contract costs. Such reimbursement is made from time to time upon the Owner's request to the FAA. In consideration of the United States Government's (FAA's) Agreement with the Owner, the Owner has included provisions in this Contract pursuant to the requirements of the Airport Improvement Program, as amended, and the Rules and Regulations of the Federal Aviation Administration that pertains to the work. As required by the Program, the Contract work is subject to the inspection and approval of duly authorized i representatives of the Administrator, Federal Aviation Administration and is further subject to those provisions of the rules and regulations that are cited in the Contract, Plans, or Specifications. No requirement of the Program, the rules and regulations implementing the Program, or this Contract shall be construed as making the Federal Government a party to the Contract nor will any such requirement interfere, in any way, with the rights of either party to the Contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the State and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, State, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her Subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her Subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-05 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of FAA Advisory Circular 150/5340-1, Marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, ' excavations, temporary stock piles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire -rescue or maintenance vehicles on the airport in reasonable conformance to FAA Advisory Circular 150/5370-2, Operational Safety on Airports During Construction Activity. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to FAA Advisory Circular 150/5370-2. 11/91 GP 70-2 11 1 The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling 'is directed by the Engineer. Open -flame type lights shall not be permitted within the air operations areas of the airport. ' 70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than one thousand (1,000) feet from the work or from ' any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. ' The use of electrical blasting caps shall not be permitted on or within one thousand (1,000) feet of the airport property. 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property marks until the Engineer has witnessed or ' otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits, actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising 1 or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her Contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 11/91 GP 70-3 �l 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the Contract that it is not intended by any of the provisions of any part of the Contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the Contract work for the beneficial occupancy of the Owner prior to completion of the entire Contract, such "phasing" of the work shall be specified herein and indicated on the Plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the Owner as described below: Phase or Required Date or Sequence Work Shown DescriRtion of Owner's Beneficial Occupancx on Plan Sheet , (See Section 80-12, Specific Airport Operating Requirements) Upon completion of any portion of the work listed above, such portion shall be accepted by the Owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work an shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the Contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the Contract work. 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of governmental authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During ' such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established plantings, seedings, and sodding furnished under his/her Contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. 11/91 GP 70-4 ' As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, 1 reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the Plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the Contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to the PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the Contract work, the approximate locations have been indicated on the Plans and the owners are indicated as follows: Utility Service Telephone or Facility Person to Contact Number Fishers Island Electric Co. Mr. James Hancock 788-7543 ' (516) The Contractor's failure to give the two (2) day's notice hereinabove provided shall be cause for the It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the Plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the Contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to the PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. I1 u Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility, or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two (2) normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. ' The Contractor's failure to give the two (2) day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within three (3) feet (90 cm) of such outside limits at such points as may be required to insure protection from damage due to the ' Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. 11/91 GP 70-5 I1 u 1 The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due , to his/her operations whether or not due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due to or which may become due the Contractor, or his/her Surety. 70-16 FURNISHING RIGHTS-OF-WAY. The Owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the Contract provisions or in exercising any power or authority granted to him by this Contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any official of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the ' Owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall ' not preclude or estop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or estopped from recovering from the Contractor or his/her Surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the Contract. A waiver on the part of the Owner of any breach of any part of the Contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the Contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's rights under any warranty or guaranty. 70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, State, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other , harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. Air Pollution A. Open Burning of Combustible Waste. 1. No tires, oils, asphalt, paint or coated materials are permitted in the combustible waste piles. 2. Burning will not be permitted within one thousand (1,000) feet of a residential or built up area, nor within one hundred (100) feet of any standing timber or flammable growth. , 3. Burning shall not be permitted unless the prevailing winds are away from a nearby town or built- up area. 4. Burning shall not be permitted during a local air inversion or other climatic condition, as would result in a pall of smoke over a nearby town or built-up area. ' 5. Burning shall not be permitted when the danger of brush or forest fires is made known by State, local or Federal officials. ' 6. The size and number of fires shall be restricted to avoid the danger of brush or forest fires. Burning shall be done under surveillance of a watchman, who will have fire fighting equipment and tools readily available. "No burning shall be permitted until the Contractor has secured a permit from the County Department of Health." 11/91 GP 70-6 F 11 J B. Alternatives to Open Burning. 1. Sound trees, stumps and brush may be cut off within six (6) inches above the ground and allowed to remainin areas outside of areas to be paved providing the depth of embankment will exceed three an one-half (3 1/2) feet. Tap roots and other projections over one and one-half (1 1/2) inches in diameter shall be grubbed out to a depth of at least eighteen (18) inches below the finished subgrade or slope elevation. Spoil materials removed by clearing and grubbing may be buried outside of airport construction graded areas, paved or to be paved areas, existing or future runway sites and taxiway safety or apron areas. 2. Wood may be salvaged for firewood or commercial use or it may be chipped and disposed of for use as mulch. 3. Logs, brush, etc. may be removed to an authorized disposal area or disposed of to the general public without charge. C. Excessive Dust Causes. 1. Common construction operations which may cause excessive dust include: a. Quarry, drilling and rock crushing. b. Clearing, grubbing and stripping. c. Excavation and placement of embankment. d. Cement and aggregate handling. e. Cement or lime stabilization. C Blasting. g. Use of haul roads. h. Sandblasting or grinding. 2. Other construction items which may cause air pollution are: a. Volatiles escaping from asphalt and cut back materials. b. Use of herbicides or fertilizers. c. Smoke from asphalt plants or heater/planers. D. Control of Dust and Other Air Pollutants. 1. Control of Dust and Other Air Pollutants shall be the responsibility of the Contractor and may include the following control methods: a. Drilling apparatus equipped with water or chemical dust controlling systems. b. Exposing the minimum area of land. c. Applying temporary mulch with or without seeding. d. Use of water sprinkling trucks. e. Use of covered haul trucks. f. Use of stabilizing agents in solution. g. Use of dust palliative and penetration asphalt on temporary roads. h. Use of wood chips in traffic or work areas. i. Use of vacuum equipped sandblasting systems. j. Use of plastic sheet coverings. k. Restricting the application rate of herbicides to recommended dosage. Materials should be covered and protected from the elements. Application, equipment and empty containers shall not be rinsed and discharged as to pollute a stream, etc. or the groundwater. 1. Bituminous mixing plants shall be equipped with a dust collector, to waste or return 11/91 GP 70-7 uniformly to the hot elevator all or any part of the material collected, as stated in ' Specifications P201 and P401 and Advisory Circular 150/5370-1A. in. Delay of operations until . climate or wind conditions dissipate or inhibit the potential pollutants in a manner satisfactory to the Engineer. , Water Pollution A. The Contractor shall use suitable precautions to minimize water pollution during the progress of ' the work. Erosion control devices or methods may consist of berms, dikes, dams, drains, sediment basins, fiber mats, woven plastic filter cloths, gravel, mulches, quick growing grasses, sod, bituminous spray or other control devices. The control devices shall be as shown on the Plans and/or specified. B. The amount of surface area of erodible earth at any one time shall not exceed seven hundred fifty thousand (750,000) square feet unless otherwise speed by the Engineer. , C. Pollutants such as fuels, lubricants, bitumens, raw sewage and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or man-made ' channels leading thereto. Wash water or waste from concrete mixing or curing operations should not be allowed to enter live streams, etc. In the event of conflict between these requirements and pollution control laws, rules or regulations or other ' Federal, State or local agencies, the more restrictive laws, rules, or regulations shall apply. 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. ' Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within 'any property, district, or site, and does not contain any building, structure, or object listed in the current , National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and ' notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform Extra Work, such shall be covered by an appropriate Contract modification (Change Order or Supplemental Agreement) as provided in the ' subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the Contract modification shall include an extension of Contract time in accordance with the Subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. 70-21 NEW YORK STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS. A. Standard Clauses For All New York State Contracts (Appendix A). The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licensor, licensee, lessor, lessee or any other party): 1. Executory Clause. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and 11/91 GP 70-8 1 1 available for this contract. 2. Non -Assignment Clause. In accordance with Section 138 of the State Finance Law, this Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The ' Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. Comptroller's Approval. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $5,000 ($20,000 for certain S.U.N.Y. and C.U.N.Y. ' contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money, it shall not be valid, effective or binding upon the State until it has been approved by the State I Comptroller and filed in his office. 4. Worker's Compensation Benefits. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. Non -Discrimination Requirements. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or ' applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin. (a) discriminate in hiring against any New York State citizen who is qualified and available to ' perform the work; or (b) discriminate against or intimidate any employee hired for -the performance of work under this contract. If this is a building service contract as defuied in Section 230 of the Labor Law, then, in accordance with Section 239, thereof, Contractor agrees ' that neither it nor its Subcontractors shall, by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work: or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. Wage and Hours Provisions. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the ' number of hours or days stated in said statues, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its Subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7. Non -Collusive Bidding Requirement. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor warrants, under 11/91 GP 70-9 �ll u 11/91 penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that, at the time contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non -collusive bidding certification on Contractor's behalf. ' 8. International Boycott Prohibition. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or , affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any , of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the Contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor , shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR 105.4). ' 9. Set -Off Rights. The State shall have all of its common law and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the ' State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights ' in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. Records. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively "the Records"). The Records must be kept for the balance of the ' calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New , York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are ' exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation , of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. Identifying Information and Privacy Notification: (a) Federal Employer Identification Number and/or Federal Social Security Number. All ' invoices or New York State standard vouchers submitted for payment for the We of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The ' number is either the payee's Federal employee identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such GP 70-10 1 11 C r number or numbers, the payee, on his invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of State Accounts, Office of the State Comptroller, AESOB, Albany, New York 12236. 12. Equal Employment Opportunities For Minorities And Women. In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability, or marital status, and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and ' (c) the contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability, or marital status. 11/91 GP 70-11 Contractor will include the provisions of "a", "b", and "c", above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. Conflicting Terms. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. Governing Law. This contract shall be governed by the laws of the State of New York except where the federal supremacy clause requires otherwise. 15. Late Payment. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article XI -A of the State Finance Law to the extent required by law. 16. No Arbitration. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. Service of Process. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), contractor hereby consents to service of process upon it be registered or certified mail, return receipt request. Service hereunder shall be complete upon contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. B. Terms and Conditions (Addendum No. 1) 1. The Grantee agrees to incorporate or cause to be incorporated into any contract for construction work, or furnishing of any materials, supplies, or equipment or professional consulting services of any kind in connection with the Project, clauses under which the Contractor: a. Agrees to procure and maintain insurance of the kinds and in the amounts hereinafter provided in Schedule I hereof. b. Agrees that he will comply with the requirements of the State Labor Law and particularly Sections 220 and 220-4 thereof as amended, and as set forth in Appendix A hereof. c. Agrees that during the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin and will comply with the Non -Discrimination provisions set forth in Appendix A hereof. 11/91 GP 70-12 1 ' d. Agrees that he will cause all persons employed upon the work including his subcontractors, agents, officers and employees, to comply with all applicable laws in the jurisdiction in which ' the work is performed. e. Agrees not to assign, transfer, convey, sublet or otherwise dispose of this agreement or any part thereof, or of its right, title or interest therein or its power to execute such agreement ' to any person, company or corporation without the previous consent in writing of the Grantee and the Commissioner of Transportation. t f. Agrees that in accordance with its status as an independent contractor, it will conduct itself with such status that it will neither hold itself out as nor claim to be an officer or employee of the State by reason hereof, and that it will not by reason hereof, make any claim demand ' of application to or for any right or privilege applicable to an officer or employee of the State, including, but not limited to, Workmen's Compensation coverage, Unemployment Insurance Benefits, Social Security coverage or Retirement membership or Credit. g. Agrees that this agreement may be canceled or terminated by the Grantee if any work under this agreement is in conflict with the provisions of Section 74 of the Public Officers Law. ' h. Agrees that any patentable result arising out of this Agreement, as well as all information, designs, specification, know-how, data, and findings, shall be made available without cost to the State or its licenses for public use. ' i. Agrees that for construction work he will furnish a performance bond in an amount at least equal to 100 percent of this contract price as security for the faithful performance of his contract and also a labor and material bond in an amount equal to 100 percent of his contract price as security for the payment of all persons performing labor on the project under his contract and furnishing materials in connection with his contract. The performance bond and the labor and material bond may be in one or in separate instruments in ' accordance with law. j. Agrees that the Commissioner and the State Comptroller reserve the right to audit and inspect the work of the contractor and any and all records thereof through representatives of the State, as well as through officers and employees of the State, as they shall determine. k. Agrees that the State shall not be obligated or liable hereunder to any party other than the ' Grantee. Agrees that if any provision of this Agreement is held invalid, the remainder of this ' Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of the applicable law. in. Agrees that by execution of the Agreement the Contractor represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this agreement. ' n. Agrees that all project documents requiring formal approval by a Federal Agency will be submitted to the Commissioner for his prior approval and forwarding to the Federal Agency for its formal approval. 2. The Grantee agrees to give full opportunity for free, open and competitive bidding for each contract to be let by it calling for construction or the furnishing of any materials, supplies, or equipment to be paid for with Project funds in accordance with the requirements of Section 103 of the General Municipal Law, the State Finance Law and any other applicable State Laws, 11/91 GP 70-13 Regulations or any requirements or opinions of the State comptroller. ' 3. The Grantee agrees that contracts for professional or consulting services may be negotiated, but they must be in writing and must state the maximum compensation or reimbursement to be paid. , Negotiations must be adequately documented to show consultants considered, proposals received, reasons for selecting the proposed consultant, and the unit basis or other detailed explanation in support of the amount of compensation to be paid. , C. Clauses to be Included in Grantee Contracts (Schedule I, Insurance). The grantee agrees to incorporate or cause to be incorporated into any contract in connection with ' the Project, the following clauses: The Contractor agrees to procure and maintain insurance of the kinds and in the amounts hereafter provided in insurance companies authorized to do business in New York State, covering all operations ' under the contract whether performed by it or Subcontractors. Before commencing the work, the Contractor shall furnish the Grantee a certificate or certificates in form satisfactory to the Grantee showing that it has complied with this Schedule, which certificate or certificates shall not be changed ' or canceled until thirty days written notice has been given to the Grantee. The kinds and amounts of insurance required are as follows: 1. Policy or policies covering the obligations of the Contractor in accordance with the provisions of any applicable Workmen's Compensation or Disability Benefits Law, including for the State of New York, Chapter 41, Laws of 1914, as amended, known as the Workmen's Compensation Law, and amendments thereto, and Chapter 600 of the Laws of 1949, as amended, known as the ' Disability Benefits Law, and this agreement shall be void and no effect unless the Contractor procures such policy or policies and maintains the same in force during the term of his contract. 2. Protective liability insurance issued to and covering the liability of the Grantee, the State, the Commissioner and all employees or other representatives of each of them, both officially and personally with respect to all operations under the contract including omissions and supervisory ' acts of the Grantee, the State, the Commissioner and their employees or other representatives with the following limits: Construction r Bodily Injury Liability Property Damage Liability Each Person Each Occurrence Each Occurrence Aggregate , $1,000,000 $3,000,000 $1,000,000 $3,000,000 Consultant and Other Services Bodily Injury Liability Property Damage Liability ' Each Person Each Occurrence Each Occurrence Aggregate $100,000 $300,000 $100,000 $300,000 3. Liability insurance issued to and covering the liability of the Contractor with respect to all work performed by him under this Agreement. 4. Liability insurance issued to and covering the liability of each of the Contractor's Subcontractors with respect to all work performed by said Subcontractor under this Agreement. 11/91 GP 70-14 1 1 U 1� e 17, �J n l 5. Protective liability insurance issued to and covering the liability of the Contractor with respect to all work under this Agreement performed for the contractor by Subcontractor. 6. Protective liability insurance issued to and covering the liability of the Grantee and all employees of the Grantee, both officially and personally, with respect to all operations under this agreement by the Contractor or by his Subcontractor, including omissions and supervisory acts of the Grantee and its employees. Note: If work is to be performed by forces of the Grantee, the Grantee will provide or cause to be provided the insurance coverage provided in Paragraph 2 above. 70-22 REQUIRED PROVISIONS FOR FEDERALLY ASSISTED AIRPORT CONSTRUCTION PROJECTS. A. Required Notices For Contracts Over $10,000 1. The following is to be made a part of all solicitations for bids on all federally -assisted construction contracts or subcontracts in excess of $10,000.00. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246, AS AMENDED) 2. The offeror's or bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 3. The goals for minority and female participation, expressed in percentage terms FOR THE CONTRACTOR'S WORKFORCE on all construction work in a covered area, are as follows: Goals for Minority Participation Goals for Female Participation 5.8% 6.9% a. These goals are applicable to all the Contractor's CONSTRUCTION WORKFORCE (whether or not it is Federal or federally -assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. b. The Contractor's compliance with the executive order and the regulations in 41 CFR Part 60- 4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project, for the sole purpose of meeting the Contractor goals shall be a violation of the contract, the executive order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 4. The Contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000.00 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, GP 70.15 r and telephone number of the Subcontractor, employer identification number, estimated dollar amount of the subcontract, estimated starting and completion dates of the subcontract, and the geographical area in which the contract is to be performed. 5. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Suffolk County, New York. B. Required Notice For Contractors/Subcontractors With 50 or More Employers and Contracts Over $50,000.00. All Contractors and Subcontractors performing on federally -assisted projects are required to file annually (on or before March 31) complete and accurate reports on SF 100 (Employee Information Report, EEO -1) to the Joint Reporting Committee. The first report is due within 30 days after award unless such report was filed within the preceding 12 -month period. Standard Form 100 is normally furnished based on a mailing list, but can be obtained from the Joint Reporting Committee, Post Office Box 2236, Norfolk, Virginia 20501. Contractors/Subcontractors with Contracts over $10,000.00. As indicated in Paragraph 5 of the EEO Clause, monthly Employment Utilization Reports, CC 257 (previously SF 257) will be submitted to the OFCCP, Department of Labor, 3535 Market Street, Room 1310, Philadelphia, Pennsylvania 19104. C. Special Provisions Relating to AIP Assisted Construction Projects in Excess of $10,000 ' During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other compensation; and selection for training, including apprenticeship. The Contractor agrees to post, in conspicuous places available to employees and applicants for employment, notices (to be provided) setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send, to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice (to be provided) advising the said labor union or workers' representatives of the Contractor's commitments under ' this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246, as amended, of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246, as amended, of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Comptroller 11/91 GP 70-16 1 1 F, 7. The Contractor will include the portion of the sentence immediately preceding Paragraph 1 and the provisions of Paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with litigation with a Subcontractor or vendor as a result of such direction by the FAA, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Contractors and Subcontractors may satisfy the requirements of Paragraph 2 of the referenced EEO clause by complying with any of the following: a) Stating in the Invitations for Bids that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin, or b) Including appropriate insignia in display or other advertising as prescribed by the Department of Labor, or c) Using a single advertisement grouped with other advertisements under a caption which clearly states that all employers in the group assure all qualified applicants will have equal consideration for employment without regard to race, color, religion, sex, or national origin, or d) Using the phrase "an equal opportunity employer" in a single advertisement is clearly distinguishable type. SEE POSTER NEXT PAGE 11/91 GP 70-17 1 General of the United States, Department of Transportation, FAA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally -assisted construction contracts in accordance with procedures authorized in Executive Order 11246, as amended, of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, as amended, of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 1 F, 7. The Contractor will include the portion of the sentence immediately preceding Paragraph 1 and the provisions of Paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with litigation with a Subcontractor or vendor as a result of such direction by the FAA, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Contractors and Subcontractors may satisfy the requirements of Paragraph 2 of the referenced EEO clause by complying with any of the following: a) Stating in the Invitations for Bids that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin, or b) Including appropriate insignia in display or other advertising as prescribed by the Department of Labor, or c) Using a single advertisement grouped with other advertisements under a caption which clearly states that all employers in the group assure all qualified applicants will have equal consideration for employment without regard to race, color, religion, sex, or national origin, or d) Using the phrase "an equal opportunity employer" in a single advertisement is clearly distinguishable type. SEE POSTER NEXT PAGE 11/91 GP 70-17 1 NOTICES TO BE POSTED PER PARAGRAPHS (1) AND (3) OF THE EEO CLAUSE (POSTER NO. 1) EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW -DISCRIMINATION IS PROHIBITED BY THE CIVIL RIGHTS ACT OF 1%4 AND BY EXECUTIVE ORDER NO. 11246. TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 - ADMINISTERED BY: THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 75 or more employees by Labor Organizations with a hiring hall of 75 or more members by Employment Agencies and by Joint Labor -Management Committees for Apprenticeship or Training. After July 1, 1957, employers and labor organizations with 50 or more employees or members will be covered; after July 1, 1968, those with 25 or more will be covered. ANY PERSON WHO BELIEVES HE OR SHE HAS BEEN DISCRIMINATED AGAINST SHOULD CONTACT 1 (POSTER NO. 2) THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1800 G STREET, NW, WASHINGTON DC 20506 EXECUTIVE ORDER NO. 11246 - ADMINISTERED BY: THE OFFICE OF FEDERAL CONTRACT COMPLIANCE Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment. By all Federal Government Contractors and Subcontractors, and by Contractors Performing Work Under a Federally -Assisted Construction Contract, regardless of the number of employees in either case. ANY PERSON WHO BELIEVES HE OR SHE HAS BEEN DISCRIMINATED I AGAINST SHOULD CONTACT THE OFFICE OF FEDERAL CONTRACT COMPLIANCE U.S. DEPARTMENT OF LABOR, WASHINGTON, DC I 20210 11/91 GP 70-18 F1 i 1 w i D. Standard Federal Equal Employment Opportunity Construction CONTRACT SPECIFICATIONS (Executive Order 11246, as Amended). The following specifications shall be made a part of all federally -assisted construction contracts or subcontracts over $10,000.00 AND included in all invitations for bids: 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted: b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: 1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); 2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); 3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast, Asia, and the Indian Subcontinent, or the Pacific Islands); and 4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in Paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each 11/91 GP 70-19 1 11/91 construction trade in which it has employees in the covered area. Covered construction Contractors performing construction work in a geographical area where they do not have a Federal or federally -assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any OFCCP office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, as I . amended, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure EEO. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain in a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation tomaintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment sources, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. GP 70-20 FJ e. Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 11/91 GP 70-21 h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organization serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, ' screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation, at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 11/91 GP 70-21 11/91 CI o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the contractor may be in violation of the executive order if a particular group is employed in a substantially disparate number (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the executive order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246, as amended. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications , and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and in its implementing regulations, by the OFCCP. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in Paragraph 7 of these specifications so as to achieve maximum results form its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the executive order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours GP 70-22 1 1 1 t worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). E. Title VI of the Civil Rights Act of 1964 Nondiscrimination in Federally -Assisted Programs of The Department of Transportation. During the performance of this contract, the Contractor, for itself, its assigns and successors in interest (hereinafter referred to as the Contractor) agrees as follows: 1. Compliance With Regulations. The Contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation (hereinafter, DOT) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereafter, Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of Subcontractors, including procurements of materials and retention of Subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor of the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the sponsor or the FAA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; 11/91 GP 70-23 1 b. Cancellation, termination, or suspension of the contract, in whole or in part. I 6. Incorporation of Provisions. The Contractor shall include the provisions of Paragraphs 1 and 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 7. Breach of Contract Terms - Sanctions. Any violation or breach of the terms of this contract on the part of the Contractor/Subcontractor may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. F. Standard Requirements for Airport Improvement Program Contracts. The following is required to be included in all federally -assisted construction contracts. 1. AIP Project. The work in this contract is included in AIP Project No. 3-36-0029-06/07-92 which is being undertaken and accomplished by the Town of Southold in accordance with the terms and conditions of a grant agreement between the Town of Southold, hereinafter referred to as the Sponsor, and the United States, under the Airport and Airway Improvement Act of 1982 (AAIA) (P.L. 97-248, 49 U.S.C. 2201 et seq) and Part 152 of the Federal Aviation Regulations (FAR) (14 CFR Part 152), or its successor regulation, pursuant to which the United States has agreed to pay a certain percentage of that Act. The United States is not a party to this contract and no reference in this contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the contract, makes the United States a party to this contract. 2. Consent to Assignment. The Contractor shall obtain the prior written consent of the sponsor to any proposed assignment of any interest in or part of this contract. 3. Veteran's Preference. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans. However, this preference may be given only where the individuals are available and qualified to perform the work to which the employment relates. 4. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this contract. 5. Inspection Records. The Contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and the Comptroller General of the United States shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific contact for the purpose of making audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. 6. Rights to Inventions - Materials. All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the recipient of the Federal grant under which this contract is executed. 11/91 GP 70-24 1 1 1 r 11 Ll 7. Disadvantaged Business Enterprises. It is the policy of the Department of Transportation that disadvantaged business enterprises shall have the maximum opportunity to participate in the performance of this contract. The Contractor agrees to ensure that disadvantaged business enterprises have the maximum opportunity to participate in the performance of subcontracts. In this regard the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform subcontracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of this contract. G. Clean Air and Water Pollution Control Requirements. Contractors and Subcontractors agree for any Contract or Subcontract exceeding $100,000.00: 1. That any facility to be used in the performance of the Contract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. 2. To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. 3. That as a condition for award of a contract they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. To include or cause to be included in any contract or subcontract which exceeds $100,000.00 the aforementioned criteria and requirements. H. Bonding/Insurance. The following clauses are to be included in all federally -assisted construction contracts for bids and/or contracts in excess of $100,000.00. 1. The Contractor agrees to furnish a performance bond for 100 percent of the contract price. This bond is one that is executed in connection with a contract to secure fulfillment of all Contractor's obligations under such contract. 2. The Contractor agrees to furnish a payment bond for 100 percent of the contract price. This bond is one that is executed in connection with a contract to assure payment as required by law of all persons supplying labor and materials in the execution of the work provided for in the contract. I. Disadvantaged Business Enterprise Requirements. Disadvantaged Business Enterprise Requirements (DBE) are applicable to each general aviation airport sponsor receiving grant funds in excess of $250,000; each non -hub airport sponsor (including commuters) receiving grant funds in excess of $400,000; each large, medium, small hub airport sponsor receiving a grant in excess of $500,000. Since the contract to be awarded under this advertised bid falls into the above category, the bid is subject to the following DBE requirements: 1. The successful bidder shall make a good faith effort to use DBE Subcontractors and to replace 11/91 GP 70-25 a DBE Subcontractor that is unable to perform successfully with another DBE Subcontractor. There shall be no substitution of any Subcontractors without the prior approval of the Sponsor in order to ensure that the substitute firm is an eligible DBE. 2. The bidder shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, Regulations of the Office of the Secretary of Transportation, to subcontract 10 percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. The apparent successful competitor will be required to submit information concerning the DBE's that will participate in this contract. The information will include the name and address of each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract. If the bidder fails to achieve the contract goal stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered nonresponsive. 3. The successful bidder shall establish and maintain records and submit reports, as required, which will identify and assess the efforts made to achieve DBE subcontract goals and other DBE affirmative action efforts. J. FOREIGN TRADE RESTRICTIONS. Clauses to be Included in all Solicitations, Contracts, and Subcontracts Resulting From Projects Funded Under the AIP. 1. The Contractor or Subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a Contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Contractor or Subcontractor who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government. Further, the Contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Contractor may rely upon the certification of a prospective Subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the sponsor if the Contractor learns that its certification or that of a Subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Subcontractor agrees to provide immediate 1 1 fl i I� 11'/91 GP 70-26 1 i 1 written notice to the Contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. The certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or Subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the Untied States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 2. Secretary of Labor Requirements a. Minimum Wages. 1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act, the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for 'bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Subparagraph 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate speed for each classification for the time actually worked therein: provided, that the employers payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under Paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the Contractor and it Subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. a) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 11/91 GP 70-27 11/91 r i) Except with respect to helpers as defined in 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and ii) The classification is utilized in the area by the construction industry; and iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and iv) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. b) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. c) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30_ day period that additional time is necessary. d) The wage rate (including fringe benefits where appropriate) determined pursuant to Subparagraphs 1)b) or c) of this Paragraph shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 2) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. 3) If the Contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amoant of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. b. Withholding. The Federal Aviation Administration shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same GP 70-28 1 1 1 C. [I i t 1 fl prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers employed by the contractor or any subcontractor for the full amount of wages required by the contracts. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Payrolls and Basic Records. 1) Payrolls and basic records relating thereto shall be maintained by the contractor, during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(CB) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 2) a) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Sponsor. The payrolls submitted shall be set out accurately and completely all of the information required to be maintained under Subparagraph 5.5(a)(3)(i) of Regulations, 29 CFR Part 5. This information may be submitted in any form desired. Optional Form WH -347 is available for this.purpose and may be purchased from the Superintendent of Documents (Federal Stock No. 029-005-00014-1, U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. b) The payrolls submitted shall be accompanied by a "Statement of Compliance" signed by the Contractor or Subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: i) That the payroll for the payroll period contains the information required to be maintained under Subparagraph 5.5(2)(3)(1) of Regulations, 29 CFR Part 5 and that such information is correct and complete; ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions GP 70-29 have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or case equivalents for the classification of work performed, as specified in the applicable wage determination. c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by Paragraph (a)(3)(ii)(B) of this section. d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of the United States Code. 3) The contractor or subcontractor shall make the records required under Paragraph (a)(3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Department of Transportation, Federal Aviation Administration, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal Aviation Administration may, after written notice to the contractor, sponsor, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. d. Apprentices, Trainees and Helpers. 1) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her fust 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. 11/91 GP 70-30 1 ' Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed ont he wage determination for applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training or a State Apprenticeship Agency recognized by the Bureau, withdraws approval, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 2) Trainees, except as provided in 29 CFR 5.16, will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount I of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 3) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 4) Helpers. Helpers will be permitted to work on a project if the helper classification is speed on an applicable wage determination or is approved pursuant to the conformance procedure set forth in Subparagraph 5.5(a)(1)(ii). The allowable ratio of helpers to journeymen employed by the contractor or subcontractor on the job site shall not be greater than two helpers for every three journeymen (in other words, not more than 40 percent of the total number of journeymen and helpers in each contractor's or in each subcontractor's own work force employed on the job site). Any worker listed on a payroll at a helper wage rate, who is not a helper as defined in 29 CFR 5.2(n)(4), shall be paid not less than the applicable wage rate on the wage determination for classification of work actually performed. In addition, any helper performing work on the job site in excess of the ratio permitted shall be paid not less than the applicable journeyman's (or laborer's, where appropriate) wage rate on the wage determination for the work actually performed. 11/91 GP 70-31 3 11/91 i e. Compliance with Copeland Act Requirements. The contractor shall comply with the ' requirements of 29 CFR Part 3, which are incorporated by reference in this contract. L Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. g. Contract Termination: Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. h. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and related acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. i. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5,6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. j. Certification of Eligibility. 1) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act of 29 CFR 5.12(A)(1). 2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). 3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 1 a. Contract Work Hours and Safety Standards Act. 1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. _ 2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Subparagraph 1) of this clause, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed GP 70-32 1 iwith respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Subparagraph 1) of this paragraph, in the sum of $10 for each calendar day for which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Subparagraph 1) of this clause. 1 1 11 11 3) Withholding for unpaid wages and liquidated damages. The Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Subparagraph 2) of this paragraph. 4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in Subparagraph 1) through 4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Subparagraphs 1) through 4) of this paragraph. b. Contracts Subject Only to Contract Work Hours and Safety Standards Act. 1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. 2) The records to be maintained under Paragraph 1) above shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Transportation, Federal Aviation Administration and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 70-23 GENERAL MUNICIPAL LAW AND STATE FINANCE LAW. Operator agrees to comply with the provisions of General Municipal Law Sections 103a and 103b and State Finance Law, Section 139b as enacted by Chapter 605 of the Laws of 1959, effective July 1, 1959, viz: A. General Municipal Law, Section 103a. "Ground for cancellation of Contract byMunicipal Corporation. A clause shall be inserted in all Specifications or Contracts hereafter made or awarded by a Municipal Corporation or any public department, agency or official thereof, for work or services performed or to be performed, or goods sold or to be sold, to provide that upon the refusal of a person when called before a grand jury to testify concerning any transaction or Contract had with the State, any political subdivision thereof, a public authority or with any public department, agency or official of the State or of any political subdivision thereof or of a public authority to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant questions concerning such transactions or Contract. 11/91 1. Such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be qualified from thereafter selling to or submitting bids to or receiving awards GP 70-33 1 from or entering into Contracts with any municipal corporation or any public department, agency or official thereof, for goods, work or services, for a period of five (5) years after such refusal, and to provide also that 2. Any or all Contracts made with any municipal corporation or any public department, agency or official thereof, since the effective date of this law by such person, and by any firm, partnership or corporation of which he is a member, partner, director or officer may be canceled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid." "Disqualification B. General Municipal Law, Section 103b. to Contract with municipal corporation. Any person who, when called before a grand jury to testify concerning any transaction or Contract had with the State, any political subdivision thereof, a public authority, or with a public department, agency or official of the State or of any public subdivision thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or Contract, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any Contracts with any municipal corporation or with any public department, agency or official thereof, for goods, work or services, for a period of five (5) years after such refusal." C. State Finance Law, Section 139-b. "Disqualification to Contract with State. Any person who when called before a grand jury to testify concerning any transaction or Contract had with the State, any political subdivision thereof, a public authority or with a public department, agency or official of the State or any political subdivision thereof, or a public authority, refuse to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant questions concerning such transaction or Contract and any firm, partnership or corporation of which he is a member, partner, director or officer shall be .disqualified from thereafter selling or submitting bids to or receiving awards from or entering into any Contracts with the State or any public department, agency or official thereof, for goods, work or services, for a period of five (5) years after such refusal." "Provisions of Section 103a and 103b of the General Municipal Law and Section 139b of the State Finance Law as enacted by Chapter 605 of the Laws of 1959 as hereinafter set forth are hereby made a part of these Specifications and any Contract entered into pursuant thereto. It is expressly understood and agreed that any bidder who has violated the provisions of the aforesaid Laws is by refusal to testify or sign a waiver of immunity or otherwise is disqualified for bidding on these Speci- fications within the time limited by such sections or by either thereof. It is further understood and agreed that upon the Contractor's failure to testify before a grand jury or otherwise sign a waiver of immunity or answer relevant questions or otherwise as therein provided he shall be subject to the disqualifications, cancellations, terminations or other penalties or provisions therein provided in said sections above referred to and hereafter set forth in full and each and every provision of such sections is and are hereby specifically referred to and made part of this Contract." 70-24 NEW YORK STATE PARTICIPATION. This Contract is subject to the approval of the New York State Commissioner of Transportation and the New York State Comptroller. END OF SECTION 11/91 GP 70-34 ' SECTION SO f V �J L� PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The Owner will not recognize any Subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her Contract, said assignment shall be concurred in by the Surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner. In case of approval, the Contractor shall file copies of all Subcontracts with the Engineer. 80-02 NOTICE TO PROCEED. The Notice To Proceed shall state the date on which it is expected the Contractor will begin the construction and from which date Contract Time will be charged. The Contractor shall notify the Engineer at least twenty-four (24) hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within ten (10) days after the effective date of the Notice To Proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the Plans and Specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the Contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least twenty-four (24) hours in advance of resuming operations. The Contractor shall not commence any actual construction prior to the date on which the Notice To Proceed is issued by the Owner. 80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her Subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the Air Operations Areas (AOA) of the Airport. When the work requires the Contractor to conduct his/her operations within an AOA of the Airport, the work shall be coordinated with Airport Management (through the Engineer) at least forty-eight (48) hours prior to commencement of such work. The Contractor shall not close an AOA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled Barricades, Warning Signs, And Hazard Markings of Section 70. When the Contract work requires the Contractor to work within an AOA of the Airport on an intermittent basis (intermittent opening and closing of the AOA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AOA; immediately obey all instructions to resume work in such AOA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AOA until the satisfactory conditions are provided. The following AOA cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to.aircraft operations intermittently as follows: 11/91 GP 80-1 I Time Periods Type of Communications AOA Can Be Required When Working Controlling AOA Closed In AOA Authority (See Section 80-12, Specific Airport Operating Requirements) The Contractor shall not commence new work that would be prejudicial to work already started. 80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the Contract, Plans, and Specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers t engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any Subcontractor who, in the opinion of the Engineer, does not perform his/her work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or Subcontractor employing such person, and shall not be employed again in any portion of the work without the approval of the Engineer. Should the Contractor fail to remove such person or persons or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until compliance with such orders. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical , condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the Contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the Contract, Plans, and Specifications. When the Contract specifies the use of certain methods and equipment, such methods and equipment shall be , used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the Contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with Contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet Contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the Contract Items involved nor in Contract Time as a result of authorizing a change in methods or equipment under this Subsection. 80-06 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the Contract. In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the Contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will 11/91 GP 80-2 1 FJ 1 t 1 1 L 7 I I a 1 be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the Contract, Plans, or Specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures, where necessary, to provide for traffic on, to, or from the Airport. 80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and Contract and shall be known as the Contract Time. Should the Contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: A. Contract Time based on Working Days shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the Contract Time during the week and the number of working days currently specified for completion of the Contract (the original Contract Time plus the number of working days, if any, that have been included in approved Change Orders or Supplemental Agreements covering Extra Work). The Engineer shall base his/her weekly statement of Contract time charged on the following considerations: 1. No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least six (6) hours with the normal work force employed on such principal item. Should the normal work force be on a double -shift, twelve (12) hours shall be used. Should the normal work force be on a triple -shift, eighteen (18) hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fault of the Contractor, shall not be charged against the Contract Time. 2. The Engineer will not make charges against the Contract Time prior to the effective date of the Notice To Proceed. 3. The Engineer will begin charges against the Contract Time on the effective date of the Notice To Proceed. 4. The Engineer will not make charges against the Contract Time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. 5. The Contractor will be allowed one (1) week in which to file a written protest setting forth his/her objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The Contract Time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the Contract require 1 11/91 GP 80-3 performance of work in greater quantities than those estimated in the proposal, the Contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in Contract Time shall not consider either the cost of work or the extension of Contract Time that has been covered by Change Order or Supplemental Agreement and shall be made at the time of final payment. B. Contract Time based on Calendar Days shall consist of the number of calendar days stated in the Contract counting from the effective date of the Notice To Proceed and including all Saturdays, Sundays, holidays, and non -work days. All calendar days elapsing between effective dates of the Engineer's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the Contract Time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the Contract Time shall not consider either the cost of work or the extension of Contract Time that has been covered by a Change Order or Supplemental Agreement. Charges against the Contract Time will cease as of the date of final acceptance. C. When the Contract Time is a specified completion date, it shall be the date on which all Contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the Contract Time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the Contract Time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. If the Contractor is delayed in the completion of the work by any act or neglect of the Owner, or any employee of the Owner or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay by common carriers, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer, or by any cause which the Engineer shall decide �- to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer and Owner may decide. 80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the Contract, that any part of the work remains uncompleted after the Contract Time (including all extensions and adjustments as provided in the subsection titled Determination and Extension of Contract Time of this section), the sum of eight hundred dollars ($800.00) per day will be deducted from any money due or to become due the Contractor or his/her Surety or both. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the Owner should the Contractor fail to complete the work in the time specified in the Contract. , The damage stipulated above is to be deducted from any monies due the Contractor as liquidated damages for the loss to the Owner on account of the expense due to the employment of Engineers and their assistants and to any other expenses after the expiration of completion time set forth by the Engineer. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a waiver on the part of the Owner of any of its rights under the Contract. 80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her Contract and such default will be considered as cause for the Owner to terminate the Contract for any of the following reasons if the Contractor: 11/91 GP 80-4 If the Contractor or Surety, within a period of ten (10) days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the Contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said Contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under Contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the Contract or portion thereof by written notice when the Contractor is prevented from proceeding with the Construction Contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the Contract, or any portion thereof, is terminated before completion of all items of work in the Contract, payment will be made for the actual number of units or items of work completed at the Contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the Contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. 1 11/91 GP 80-5 A. Fails to begin the work under the Contract within the time specified in the "Notice To Proceed", or B. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the Contract, or C. Performs the work unsuitably or neglects or refuses to remove materials or to perform any such work as may be rejected as unacceptable and unsuitable, or iD. Discontinues the prosecution of the work, or E. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or F. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or G. Allows any final judgment to stand against him unsatisfied for a period of ten (10) days, or H. Makes an assignment for the benefit of creditors, or I. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the Contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's Surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the Contract. If the Contractor or Surety, within a period of ten (10) days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the Contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said Contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under Contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the Contract or portion thereof by written notice when the Contractor is prevented from proceeding with the Construction Contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the Contract, or any portion thereof, is terminated before completion of all items of work in the Contract, payment will be made for the actual number of units or items of work completed at the Contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the Contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. 1 11/91 GP 80-5 Termination of the Contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her Surety of its obligation for and concerning any just claim arising out of the work performed. 80-11 GENERAL AIRPORT OPERATING REQUIREMENTS. During the time that the Contractor is performing the work, the terminal apron, taxiways and runways at the Airport will remain in use by aircraft, to the extent permitted by the Owner and the Federal Aviation Administration. The use of runways and taxiways by aircraft, adjacent to areas where the Contractor is working, will be so scheduled as to reduce disturbance to the Contractor's operations but no representation or guarantee is made as to the extent to which disturbance can or will be reduced. In any event, the aircraft operation shall always have priority over any and all of the Contractor's operations and the Contractor shall not allow his/her employees, Subcontractors, materialmen or any other persons over whom he has control to enter or remain upon or allow any plant or materials to be brought or to remain upon any part of the Airport, which in the opinion of the Owner or the Federal Aviation Administration would be a hazardous location. Because of the arrivals and departures of aircraft, the Owner makes no representation as to the periods of time when conditions at or near the runways or elsewhere at the Airport will be such as to permit the work to be performed without interruption or as to when any work can be performed and completed. Arrivals and departures of airplanes are under the control of the Airport and emergencies and operating conditions may necessitate sudden changes both in airport operations and in the operations of the Contractor. Should runways or taxiways be required for the use of aircraft and should the Owner or the Federal Aviation Administration deem the Contractor to be too close to the portion used by aircraft for safety, the Engineer may order the Contractor to cease his/her operations, remove his/her personnel, plant equipment or materials to a safe distance and standby until the runway and taxiway are no longer required for use by aircraft. The Contractor will not be permitted to enter upon any area of the landing strips unless accompanied by a , representative of the Owner designated by the Engineer to escort the Contractor's men and equipment to the point or points of operations within the limits of such areas, and he shall not traverse back and forth between points within such areas unless accompanied by said representatives. The Contractor shall take all precautions necessary to insure the safety of operating aircraft as well as his/her own equipment and personnel. Special considerations must be given to aircraft operations. The Contractor shall obey all instructions as to routes to be taken by equipment traveling within the airport areas and keep all such equipment marked as noted herein. Im The Contractor shall make his/her own estimation of all difficulties to be encountered and shall make allowance for such difficulties in the amounts bid under the several items of the Contract. Equipment not actually in operation shall be kept clear of landing areas. When aircraft are operating; personnel i shall not enter areas of the Airport without specific permission. No requirements of this Contract with respect to any precautions required or omitted to be required shall be deemed to limit or impair any responsibilities or obligations assumed by the Contractor under or in connection with this Contract, and the Contractor shall at all times maintain adequate protection to safeguard the public and all persons engaged in the work and shall take such precautions as will accomplish such end, without undue interference with the public or the operations of the Owner. Signals approved by the Engineer shall be provided by the Owner to indicate that a runway or taxiway on or , near which the Contractor is working is required for use by the aircraft and such designated signals, when given, shall be deemed an order of the Engineer as above provided to remove immediately all personnel, equipment and materials above ground together with any possible obstructions or barriers to the distances from the runway or taxiway stated herein. The Contractor shall make suitable standing arrangements to insure that such signals are observed and such order is complied with including, without limitation, the posting of a watchman or watchmen with the sole assignment of watching for such signals. The watchmen shall be given the authority to clear areas required by the Owner. 11/91 GP 80-6 1 Provisions shall be made by means of signals for the watchmen to notify the Engineer and the Owner that the critical area has been cleared. Signals given by such watchman or watchmen shall be complied with by the Contractor. The Owner does not guarantee, however, that any signals will be designated for such purpose or that, if designated, such signals will be given, and neither the Contractor nor any other person may rely on any 1 signal being given. The Owner assumes no responsibility to the Contractor or to any other person for the giving of any such signal. Each truck or piece of equipment in use by the Contractor shall be provided with a flag on a staff so attached to the vehicle so that the flag will be readily visible. The flag shall not be less than three (3) feet square consisting of a checkered pattern of international orange and white squares of not less than one (1) foot on each side and displayed in full view above the vehicle. Any vehicle operating within aircraft movement areas during the hours of darkness shall be equipped with a flashing dome -type light, the color to be in accordance with local and/or State codes. Additional identification and control of construction equipment may be required by the airport security plan, if applicable. 80-12 SPECIFIC AIRPORT OPERATING REQUIREMENTS. During the work under this project, the Owner will make such arrangements to coordinate aircraft movements and Airport operations as necessary to conform to the construction procedures as outlined below. The Contractor shall give adequate notice to the Resident Engineer, so as to afford time to coordinate construction with the Owner. No work shall proceed in any area without prior approval. A. Work Areas. The work of the project has been divided into ZZ ( ) areas in order to coordinate construction in a way that will minimize interference with Airport operations: Work Area "A": Work Area "B": Work Area "C": B. Construction and Operating Requirements. IWork Area "A": Work Area 'B": Work Area "C": C. Supplemental Requirements. 1. Work Schedule: The Contractor shall submit a work schedule for the work in all areas for the approval of the Engineer and the Owner. No work shall commence in any area until such schedule is approved by the Engineer and Owner. 2. Temporary Closing of Runways or Taxiways: When any work is to be done on or adjacent to the runways or taxiways, the Contractor shall notify the Resident Engineer sufficiently in advance such that provisions can be made with the Owner to close the runway or taxiways to air traffic. Periods of runway or taxiway closing shall be held to a minimum and shall be only as approved by the ' Owner. 3. Barricades: Temporary Barricades shall be as indicated on the Contract Drawings. Barricade lights shall be a 3600 flashing warning light, Model No. 21455200 (655 VISI -Flash) as manufactured by the R.E. Dietz Company of Syracuse, New York or approved equal. Use of VISI -flash "pancake" lights on Airport operating surfaces will not be accepted. 1 11/91 GP 80-7 11/91 Vehicles maneuvering in the vicinity of the Airport operational services shall be marked in accordance with Section 70-08 - Barricades, Warning Signs and Hazard Markings. Final method of control of construction operations will be determined during construction. Nothing shall be placed upon a landing area. The use of existing paved areas for Contractor's equipment is expressly prohibited, except for those pavements that must be traversed in carrying out the work and then only upon authorization of the Engineer. , Paved surfaces shall be kept clear at all times and specifically must be kept free from small stones which might cause damage to aircraft. Prior to opening any area to traffic, the pavement surface shall be thoroughly cleaned of all debris and the Contractor's equipment removed from the area as directed by the Resident Engineer. 8. Contractor's Haul Routes: The Contractor shall clear, construct and maintain haul routes as required for the prosecution of the work. The haul routes shall only be in the locations approved by the Engineer and the Owner. The Contractor shall be responsible for maintaining existing haul routes. At the completion of the project, these areas shall be returned to their original lines and grades and shall be restored to a condition equal to or better than original. 9. Access to Airport: The Contractor shall use the designated access routes off public highways into the Airport for authorized roadway vehicles. If other access routes from public highways onto the Airport are proposed, the Contractor must obtain approval from the Owner. GP 80-8 4. Maintenance of Airport Lighting: All existing airfield lighting circuits shall be maintained in full operation throughout the period of this Contract. Where disconnections are required, such work shall be made at such times and in such a manner as approved by the Owner. The Contractor shall be required to permit the full use of airfield lighting circuits during night operations and during periods of low visibility. The Contractor shall provide such temporary lights and cables as required to maintain full use of existing airfield lighting circuits if necessary. 5. Spoil and Disposal Areas: Spoil shall be disposed of in accordance with the Airport Authorities unless otherwise noted in the Special Provisions. 6. Site for Contractor's Plant: A staging area, as indicated on the Contract Drawings, will be provided where the Contractor may set up a field office and store equipment and materials. The Contractor shall make his own arrangements for, and bear all costs of required utilities. The Contractor shall use and maintain the site in accordance with requirements of the Owner. Upon completion of work, the Contractor's staging area shall be removed and the area cleaned and restored to original or better condition. 7. Storage and Movement of Material and Equipment: The Contractor shall store material and equipment and schedule his operations for work to be done so that no unauthorized interference to normal Airport operations will result therefrom. Grading or stockpiling of materials and other construction operations shall not be conducted in a manner to cause interference with Airport Operations. No Contractor's vehicle or pedestrian crossing of active runways or taxiways will be allowed at any time during the work of this Contract. No deviation from the pedestrian and vehicle routes to and from the Project Areas will be allowed unless specific permission has been granted by the Owner. , The Owner shall at all times have control of operations on or near active runways, taxiways and aprons. All operations shall be subject to coordination by the Contractor with the Resident Engineer for controlling traffic. Before entering or crossing an active surface, the Contractor shall receive proper clearance from the Owner. Vehicles maneuvering in the vicinity of the Airport operational services shall be marked in accordance with Section 70-08 - Barricades, Warning Signs and Hazard Markings. Final method of control of construction operations will be determined during construction. Nothing shall be placed upon a landing area. The use of existing paved areas for Contractor's equipment is expressly prohibited, except for those pavements that must be traversed in carrying out the work and then only upon authorization of the Engineer. , Paved surfaces shall be kept clear at all times and specifically must be kept free from small stones which might cause damage to aircraft. Prior to opening any area to traffic, the pavement surface shall be thoroughly cleaned of all debris and the Contractor's equipment removed from the area as directed by the Resident Engineer. 8. Contractor's Haul Routes: The Contractor shall clear, construct and maintain haul routes as required for the prosecution of the work. The haul routes shall only be in the locations approved by the Engineer and the Owner. The Contractor shall be responsible for maintaining existing haul routes. At the completion of the project, these areas shall be returned to their original lines and grades and shall be restored to a condition equal to or better than original. 9. Access to Airport: The Contractor shall use the designated access routes off public highways into the Airport for authorized roadway vehicles. If other access routes from public highways onto the Airport are proposed, the Contractor must obtain approval from the Owner. GP 80-8 ' D. Scheduling. A minimum of one scheduling and coordination meeting shall be held each week unless otherwise directed by the Resident Engineer, throughout the duration of the Contract, between the Owner, Contractor, Engineer and any other interested parties at a time and place to be designated by the Resident Engineer. In attendance at this meeting shall be a Contractor's representative with the authority to make decisions concerning the scheduling and coordination of work and Airport operating problems. ' E. Security Requirements. The Contractor shall be required to maintain security and comply with the Airport Security Plan and the Federal Aviation Administration Security Rules and Regulations throughout the duration of the project. The Contractor and the Surety shall indemnify and save harmless the Owner, Engineer and third party or political subdivision from any and all breaches of security and shall indemnify the Owner for any fines, expenses and damages which it may be obliged to pay by reason of any breach of security resulting from the Contractor's actions at any time during the prosecution of the work. Such breaches of security are subject to fines by the Federal Aviation Administration of up to ten thousand dollars ($10,000) per incident. F. Payment. Payment for the items described in Section 80-12, including but are not limited to construction, maintenance and removal of any temporary access roads, providing, placing, relocating, maintaining and removing temporary barricades, providing and placing permanent barricades, protection of aircraft and vehicular traffic, installation, maintenance and removal of temporary airfield markings, maintenance of airport lighting circuits, installation, maintenance, and removal of temporary wiring and airfield lighting facilities, cleaning of paved surfaces, restoration of surfaces disturbed as a result of the Contractor's operations, warning signs, hazard markings, barricade lights and removal ' thereof, installing access gates providing padlocks for access gates, maintaining access gates, providing a guard at access gates, and all security requirements shall be included under Special Provisions Item M-100, Maintenance and Protection of Traffic. 80-13 NIGHT WORK. Work after sunset will not be permitted except as provided by the special requirements 1 11/91 GP 80-9 10. No Open Trenches: At the end of each day's work, the Contractor shall close all trenches in the vicinity of runways and taxiways. The trenches shall be backfilled level to the ground surface and all stockpiled material shall be leveled to the ground surface or moved to an approved storage area. 11. Accidents: The Contractor shall provide at the site such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work. The Contractor must promptly report in writing to the Resident Engineer all accidents whatsoever ' arising out of, or in connection with, the performance for the work, whether on or adjacent to the site which caused death, personal injury or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Engineer and the Owner. If any claim is made by anyone against the Contractor or any Subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Resident Engineer giving full details of the claims. 12. Coastal Shoals, Bars and Mudflats: The Contractor shall not damage or alter any coastal wetlands, shoals, bars or mudflats as a result of his operations. 13. Contractor's Communication System: Before the Contractor commences work on the airfield, he shall obtain and be equipped with two radio transceivers which operates on a frequency of 122.8 Mhz. The transceivers shall be a Comco Model 733, National Airport Equipment Company or equal. When the Contractor has completed work on the project and before the Project is accepted by the Owner, the transceivers shall become the property of Town of Southold. The Contractor shall include the cost for obtaining, maintaining and furnishing the transceivers to the Owner under the various items in the proposal. ' D. Scheduling. A minimum of one scheduling and coordination meeting shall be held each week unless otherwise directed by the Resident Engineer, throughout the duration of the Contract, between the Owner, Contractor, Engineer and any other interested parties at a time and place to be designated by the Resident Engineer. In attendance at this meeting shall be a Contractor's representative with the authority to make decisions concerning the scheduling and coordination of work and Airport operating problems. ' E. Security Requirements. The Contractor shall be required to maintain security and comply with the Airport Security Plan and the Federal Aviation Administration Security Rules and Regulations throughout the duration of the project. The Contractor and the Surety shall indemnify and save harmless the Owner, Engineer and third party or political subdivision from any and all breaches of security and shall indemnify the Owner for any fines, expenses and damages which it may be obliged to pay by reason of any breach of security resulting from the Contractor's actions at any time during the prosecution of the work. Such breaches of security are subject to fines by the Federal Aviation Administration of up to ten thousand dollars ($10,000) per incident. F. Payment. Payment for the items described in Section 80-12, including but are not limited to construction, maintenance and removal of any temporary access roads, providing, placing, relocating, maintaining and removing temporary barricades, providing and placing permanent barricades, protection of aircraft and vehicular traffic, installation, maintenance and removal of temporary airfield markings, maintenance of airport lighting circuits, installation, maintenance, and removal of temporary wiring and airfield lighting facilities, cleaning of paved surfaces, restoration of surfaces disturbed as a result of the Contractor's operations, warning signs, hazard markings, barricade lights and removal ' thereof, installing access gates providing padlocks for access gates, maintaining access gates, providing a guard at access gates, and all security requirements shall be included under Special Provisions Item M-100, Maintenance and Protection of Traffic. 80-13 NIGHT WORK. Work after sunset will not be permitted except as provided by the special requirements 1 11/91 GP 80-9 1 of Section 80-12, SPECIFIC AIRPORT OPERATING REQUIREMENTS. Where work on this Contract is required to be done after sunset, such work shall be included in the prices bid, and no extra compensation will be allowed therefore. 80-14 OCCUPANCY AREAS. The area to be used by the Contractors and their employees and the location of field offices, job shanties and other semi-permanent structures shall be designated in the field by the Engineer and the Owner. Field offices, job shanties, and other semi-permanent structures shall not extend above a 7 on I slope, starting at a point five hundred (500) feet from the centerline of a runway. 80-15 SAFETY ON AIRPORTS DURING CONSTRUCTION ACTIVITY. , A. Notams. No work shall commence prior to issuance of a Notam. Notams shall be issued by the Airport Authority, or designated responsible person. B. General Safety Requirements. During performance of this Contract, the Airport runways, taxiways and aircraft parking aprons shall remain in use by aircraft to the maximum extent possible. Aircraft use of areas near the Contractor's work will be controlled to minimize disturbance to the Contractor's operation. The Contractor shall not allow employees, subcontractors, suppliers or any other unauthorized person to enter or remain in any Airport area which would be hazardous to persons or to aircraft operations. All work which is too close to an active runway, taxiway or apron to be performed under operational ' conditions shall be performed when the runway, taxiway or apron is not in use. Such work shall not be accomplished without prior permission from the Engineer. C. Construction and Facilities Maintenance. Contractors shall: , 1. Be aware of the potential for safety problems and/or hazards. Potentially hazardous conditions which may occur during Airport construction and maintenance include, but are not limited to, the following: a. Trenches, holes or excavations on or adjacent to any open runway or in safety areas. b. Unmarked/unlighted holes or excavation in any apron, open taxiway, open taxilane or related safety area. Mounds temporary in c. or piles of earth, construction materials, structures or other objects vicinity of any open runway, taxiway, taxilane or in a related safety, approach or departure area. d. Pavement dropoffs or pavement -turf lips (either permanent or temporary) which could cause, if crossed at normal operating speeds, damage to aircraft that normally use the Airport. (The normal maximum is 1-1/2 inches for either.) e. Vehicles or equipment (whether operating or idle) on any open runway, taxiway, taxilane or in any related safety, approach or departure area. L Vehicles, equipment, excavations, stockpiles or other materials which could degrade or otherwise interfere with electronic signals from radios or electronic navigational aids. g. Unmarked utility, navaid, weather service, runway lighting or other power or signal cables that could be damaged during construction. h. Objects (whether marked or flagged or not) or activities anywhere on or in the vicinity of the Airport which could be distracting, confusing or alarming to pilots during aircraft operations. 11/91 GP 80-10 i 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 i. Unflagged/unlighted low visibility items (such as tall cranes, drills and the like) anywhere in the vicinity of active runways or in any approach or departure area. j. Misleading or malfunctioning obstruction lights. k. Unlighted/unmarked obstructions in approach to any open runway. 1. Inadequate approach/departure surfaces (needed to assure adequate landing/takeoff clearance over obstructions or work or storage areas). in. Inadequate, confusing or misleading (to user pilots) marking/lighting of runways, taxiways, taxilanes (including displaced or relocated thresholds). n. Water, snow, dirt, debris or other transient accumulation which temporarily obscures pavement marking, pavement edges or derogates visibility of runway/ taxiway marking or lighting, or of construction and maintenance areas. o. Inadequate or improper methods of marking, barricading and lighting of temporarily closed portions of Airport operations area. p. Trash or other materials with foreign object damage (FOD) potential, whether on runways, taxiways or aprons, or in related safety areas. q. Inadequate fencing or other marking to separate construction or maintenance areas from open aircraft operating areas. r. Failure to control vehicle, human and large animal access to, and non-essential, non - aeronautical activities in, open aircraft operating areas. s. Failure to maintain radio communication between construction/maintenance vehicles and air traffic control tower or other on -field communications facility, e.g., FAA Flight Service Station (FSS) or unicom radio. t. Construction/maintenance activities or materials which could hamper crash -fire -rescue (CFR) vehicle access from CFR stations to all parts of the runway/ taxiway system, to runway approach and departure areas and to aircraft parking locations. u. Bird attractants such as edibles (food scraps, etc.) or other miscellaneous garbage, other trash, grass/crop seeding or ponded water on the Airport. 2. Conduct activities so as not to violate any safety standards contained herein. 3. Inspect all construction and storage areas as often as necessary to be aware of conditions. 4. Promptly take all steps needed to prevent/remedy any unsafe or potentially unsafe conditions/activities discovered. Before actual commencement of construction activity, the Contractor shall give adequate notice to Airport management of proposed time and date of commencement of construction in such areas. Upon completion of work and return of all such areas to standard conditions, the Contractor shall notify Airport management of completion of construction. D. Trenches, Excavations and Stockpiled Material. Open trenches or excavations exceeding 6 inches in depth and 6 inches in width or stockpiled material will not be permitted within the limits of restricted areas of operational runways or taxiways. Coverings for open trenches or excavations shall be of 1 11/91 GP 80-11 sufficient strength to support the weight of the heaviest aircraft operating on the runway or taxiway. E. Construction in Proximity to Runways & Taxiways. 1. Contractor who intends on using equipment greater than 10 feet in height shall file FAA form 7460-1 Notice of Proposed Construction or Alteration at least 30 days prior to the start of construction activity. No work shall begin with oversized equipment until a response from the FAA has been received. 2. Runway Sides. If appropriate construction/maintenance NOTAM has been issued, construction equipment under 10 feet tall is permissible as close as the following distances from centerline of runway indicated: Runway Designation Distance From Centerline 7-25 75 feet 12-30 75 feet 3. Runway Ends. If appropriate construction/maintenance NOTAM has been issued, construction/maintenance activity is permissible off the ends of the runway indicated below, provided at least the indicated minimum safety area and indicated unobstructed approach slope are maintained: Runway End Minimum Safety Area Minimum Unobstructed ' Number Behind Threshold Approach Threshold 7,25 200 feet 20:1 to 200 feet behind threshold 12,30 200 feet 20:1 to 200 feet behind threshold F. Threshold Marking and Lighting. Temporary threshold marking, if required, shall be furnished and maintained by the Contractor. G. Closed Runway Marking. Closed runway marking, if required, shall be as shown on the Plans and ' furnished by the Contractor. Barricades, flagging and flashers are required. Hazard marking and lighting shall be acceptable to the Airport Owner and Engineer. H. Motorized Vehicles. 1. When any vehicle other than those approved for use in the aircraft movement area and runway approach area is required to travel over any portion of that area, it shall be escorted by a vehicle properly identified to operate in the area and be provided with a flag on a staff attached to the vehicle. A flag or escort vehicle is not required for vehicles which have been painted, marked and lighted for routine use on aircraft movement areas. Any vehicle operating on the movement area during the hours of darkness should be equipped with a flashing dome -type light, the color to be in accordance with local and/or State codes. 2. Vehicular traffic crossing active movement areas must be controlled either by two-way radio with the control tower, by escort, flagman, signal light or the means appropriate for the particular airport. The clearance should be confirmed by the driver's personal observation that no aircraft is approaching his/her position. , 3. It may be desirable to clearly identify the vehicles for control purposes by either assigned initials or numbers prominently displayed on each side. The identifying symbols should be of 8 -inch 11/91 GP 80-12 J u minimum, block -type characters of a color easily read. They may be applied by use of tape or water soluble paint to facilitate removal. In addition, all vehicles must display the identification media as specified in the approved security plan, if applicable. 4. Employee parking shall be as designated by the Engineer, Superintendent and Airport Manager. 5. Construction Site Access and Haul Roads: Access to the job site shall be as shown on the Plans or as designated by the Engineer, Superintendent and Airport Manager. I. Navigational Aids. The Contractor shall not conduct any construction activity within the navigational aids (i.e., IIS components, VOR, ASR, ATCT) restricted areas shown on the Plans without prior approval from the local FAA Airway Facilities Sector through the Engineer. J. Limitations on Construction. 1. Open -flame welding or torch cutting operations are prohibited unless adequate fire and safety precautions are provided and have been approved by the Engineer. 2. Open trenches, excavations and stockpiled material at the construction site shall be prominently marked with red flags and lighted by light units during hours of restricted visibility and/or darkness. 3. Marking and lighting of closed, deceptive and hazardous areas shall be provided by the Contractor, when required, in accordance with Advisory Circular 150/5340-1. 4. Stockpiled material shall be constrained in a manner to prevent movement resulting from maximum anticipated aircraft blast or forecasted wind conditions. K. Debris. Waste and loose material capable of causing damage to aircraft landing gears, propellers or being ingested in jet engines, shall not be placed on active aircraft movement areas. Material tracked on these areas shall be removed continuously during the project work. END OF SECTION 1 11/91 GP 80-13 SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the Contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the Contract will be those methods generally recognized as conforming to good engineering practice. ' Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of nine (9) square feet or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown ' on the Plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the Plans or as aliered to fit field conditions. ' Unless otherwise specified, all Contract Items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of two thousand (2,000) pounds avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent qualified personnel at locations designated by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard may be weighed and such weights will be converted to cubic yards for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon or ton. When measured by volume, such volumes will be measured at 60°F or will be corrected to the volume at 60°F using ASTM D-1250 for asphalts or ASTM D-633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. 12/89 GP 90-1 When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton or hundredweight. ' Timber will be measured by the thousand feet board measure (MFBM) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described ' in the Contract. When a complete structure or structural unit (in effect, 'lump sum" work) is specified as the unit of ' measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the Change Order or Supplemental Agreement authorizing such force account work as provided in the Subsection entitled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. 1 When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gauge, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited Specifications, manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent (.5%) of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of one percent (.1%) of the nominal rated capacity of the scale, but not less than one (1) pound. The use of spring balances will not be permitted. Beams, dials, platforms and other scale equipment shall be so arranged that the operator and inspector can safely and conveniently view them. Scale installations shall have available, ten (10) standard fifty (50) pound weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing' (indicating more than correct weight) will not be permitted to operate and all materials received subsequent to the last previous correct weighing accuracy test will be reduced by the percentage of ' error in excess of one-half of one percent (.5%). In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight) they shall be adjusted and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. ' All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit Contract prices for the various items of the project. 1 12/89 GP 90-2 When the estimated quantities for a specific portion of the work are designated as the a quantities in the g pay Contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the Plans arc revised by the Engineer. If , revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the Contract as full payment for furnishing all materials, for performing all work under the Contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the Subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical Specification requires that the Contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other Contract Item which may appear elsewhere in the Contract, Plans, or Specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as Contract Items are concerned, payment at the original Contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or ' indirectly from his/her unbalanced allocation of overhead and profit among the Contract Items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of , Section 40, the Engineer shall have the right to omit from the work (order non-performance) any Contract Item, except major Contract Items, in the best interest of the Owner. ' Should the Engineer omit or order non-performance of a Contract Item or portion of such item from the work, the Contractor shall accept payment in full at the Contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or non -perform such Contract Item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted Contract Item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted Contract Item and shall be supported by certified statements by the Contractor as to the nature and amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. ' A. Agreed Price. Extra work performed in accordance with the subsection titled EXTRA WORK of Section 40 will be paid for at the Contract prices or agreed prices specified in the Change Order or Supplemental Agreement authorizing such extra work. If the work is to be paid under agreed prices, the prices shall be based upon the Contractor's price analysis of the cost of the work. This price analysis shall be provided by the Contractor and shall be based upon the Contractor's estimated breakdown of his/her cost for the work, including all charges based upon the items as listed in this subsection under "Force Account Work". Lump sum costs for work, without accompanying detailed price analyses, will not be acceptable. Forms intended to aid the Contractor in compiling price analyses are available from the Engineer upon request. ' 12/89 GP 90-3 1 B. Force Account Work. Whcn the Change Ordcr or Supplemental Agreement authorizing extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials, plus an allowance for overhead and profit. i. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. 2. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and Engineer or their duly authorized representatives. 3. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: a. Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. b. Designation, dates, daily hours, total hours, rate, and extension for each unit of machinery and equipment. For Contractor self -owned equipment, the maximum rate paid for equipment will be determined based upon the following factors. The base hourly rates shall be the daily rate as listed in the current Rental Rates for Construction Equipment prepared by Associated Equipment Distributors divided by eight (8). Where no daily rate is listed, the daily rate will be determined by dividing the monthly rate by 10. The first 20 hours will be paid at 90% of the above base hourly rate. For 21 to 40 hours, the rate will be 80% of the above base hourly rate. For over 40 hours, the rate will be 45% of the above base hourly rate. The number of hours to be paid for shall be the number of hours that the equipment or plant is actually used on a specified force account job. For rented equipment, such equipment will be paid for based upon rental cost as approved by the Engineer. Invoices showing rental charges must be submitted to the Engineer for such payment. For use of all equipment, when, in the opinion of the Contractor and as approved by the Engineer, suitable equipment is not available on the site, the movement of required equipment to and from the site will be paid for at actual cost. Equipment to be used by the Contractor shall be specifically described and be of suitable size and suitable capacity required for the work to be performed. In the event the Contractor elects to use equipment of a higher rental value than that suitable for the work, payment will be made at the rate applicable to the suitable equipment. The equipment actually used and the suitable equipment paid for will be recorded as part of the record for force account work. The Engineer shall deter- mine the suitability of the equipment. If there is a differential in the rate of pay of the operator of oversize or higher rate equipment, the rate paid for the operator will likewise be that for the suitable equipment. 1 12/89 GP 90-4 In the event that a rate is not established in the Associated Equipment Distributors Rental Rates for a particular piece of equipment or plant, the Owner shall establish a rate for that piece of equipment or plant that is consistent with its cost and use. C. Quantities of materials, prices, and extensions. d. Transportation of materials. ' e. Cost of property damage, liability and workmen's compensation insurance premiums, unemployment insurance contributions, and social security tax. f. Profit and Overhead. Profit and overhead cost shall be computed at 20 percent of the following: - Total Direct Labor Cost (actual hours worked multiplied by the basic hourly wage rate) plus supplemental benefits payments, payroll taxes, insurance payments and other labor related fringe benefit payments as defined in b) ' and c) above, but not including the overtime additive payments. Profit and overhead shall not be paid on the premium portion of overtime. , - Total Cost of Materials as defined in a) above including the cost of transportation to the project site. If the is any of work performed by a subcontractor, the Contractor shall be paid the actual and reasonable cost of such subcontracted work computed as outlined in a) through e) above, or on such other basis as may be approved by the Owner. Subcontractor profit and overhead shall be paid as outlined in f) above, plus an additional allowance of five percent (5%) of materials and direct labor to cover the Contractor's profit, superintendence, administration, insurance and other overhead. g. Overhead shall be defined to include the following items. - Premium on bond. - Premium on insurance required by the State, Workmen's Compensation Insurance, public liability and property damage insurance, unemployment insurance, Federal old -age benefits, other payroll taxes and such reasonable ' charges that are paid by the Contractor pursuant to written agreement with his/her employee. - All salary and expenses of executive officers, supervising officers or supervising employees. - All clerical or stenographic employees. All charges for minor equipment, such as small tools, including shovels, picks, axes, saws, bars, sledges, lanterns, jacks, cables, pails, wrenches, etc. and other miscellaneous supplies and services. All drafting room accessories such as paper, tracing cloth, blueprinting, etc. ' Statements shall be accompanied and supported by reccipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work , but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. 12/89 GP Axl -5 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the Contract, Plans, and Specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars ($500.00). From the total of the amount determined to be payable on a partial payment, five percent (5%) of such total amount will be deducted and retained by the Owner until the final payment is made. When not less than ninety-five percent (95%) of the work has been completed the Engineer may, at his/her discretion and with the consent of the Surety, prepare an estimate from which will be retained an amount not less than twice the Contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. ' It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved Change Orders or Supplemental Agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the ' subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the ' delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the Contract, Plans, and Specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: A. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. ' B. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. ' C. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. D. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the ' material so stored or stockpiled. E. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured ' against loss by damage to or disappearance of such materials at any time prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled ' materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the Contract, Plans, and Specifications. In no case will the amount of partial payments for materials on hand exceed the Contract price for such materials or the Contract price for the Contract Item on which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. 1 12/89 G P 90-6 The Contractor shall bear all costs associated with the partiala ment of stored or stockpiled P Y materials in accordance with the provisions of this subsection. 90-08 ACCEPTANCE AND FINAL PAYMENT. When the. Contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final ' estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the Contract as amended by Change Order or Supplemental Agreement. The Contractor and Engineer shall resolve all disputes (if any) in the ' measurement and computation of final quantities to be paid within thirty (30) calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such thirty (30) day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ' ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will ' be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental, final, estimate. ' The payment of the final amount due under this Contract, and the adjustment and the payment of the bill rendered for work in accordance with any alterations of the same shall release the Owner from any and all claims or liabilities on account of work performed under said Contract, or any alterations thereof. ' In case the execution of this Contract is delayed by action of the Owner, the time for completion is hereby extended for a time equal to the delay caused by the party of the first part, but no claim for damages by reason , of such delay shall be made or allowed. Should postponement or delay be occasioned by the precedence of other Contracts on the line of work, which may be either let or executed before or after the execution of this Contract, no claim for damages will be allowed; but the time for completion may be extended for a time equal to the delay or postponement caused by such precedent Contracts. The Owner shall not be required, or liable to make the aforesaid payments, on any part thereof, or to pay anything whatever on account of said work, or by virtue of this Agreement, any sooner or faster than there shall be money or funds in the treasury of said Owner properly applicable to that purpose, and which shall have been collected or paid into said treasury on account of said work or improvement. 90-09 GUARANTY. The Contractor shall, in consideration of the Contract price, maintain and keep in good repair all the work executed under this Contract for a period of twelve (12) months from the time of its final acceptance. Also, that he will make any and all repairs deemed necessary by the Engineer within five (5) days ' from the date of a notice from the said Engineer. Within the period of said guaranty, no certificate given nor payment made under the Contract, nor partial or entire occupancy of the premises by the Owner shall be construed as an acceptance of defective work or of , improper materials or as condoning any negligence or omission. 90-10 SECURITY FOR GUARANTEE. The Contractor shall upon final acceptance of the work, furnish a ' bond to the Owner in a penal sum equal to five percent (5%) of the amount of the Contract price, executed by a surety company authorized by the Department of Insurance of the State of New York to execute such a bond in this State, and which bond shall be approved as to form and manner of execution by the Owner's 12/89 GP 90-7 attorney. This s be nd shall be conditioned for the faithful performance by the said Contractor of the conditions ' and stipulations of Section 90-10 of these Specifications, thereof relating to maintenance and repair, for a period of one (1) year from the date of the final acceptance of the work. In default of the filing of such bond, a sum of money equal to said five percent (5%) may be retained out of any monies due to the Contractor and be held for twelve (12) months, or until the bond above described is filed. ' 90-11 LIEN LAW. If, at any time before or within thirty (30) days after the whole work herein agreed to be performed has been completed and accepted by the party of the first part, any person or persons claiming to have performed any labor or furnished any material toward the performance or completion of this Contract shall file with the Engineer and with the financial officer of the Owner or other officer or person charged with the custody and disbursement of the Owner funds applicable to the Contract under which the claim is made, ' such notice as is prescribed in the Act of Legislature of the State of New York passed February 17, 1909, entitled an "Act in Relation to Liens", and the acts amendatory thereof or supplementary thereto, then and in every such case the party of the first part shall retain (anything herein contained to the contrary thereof notwithstanding) from the monies under its control and due or to grow due under this Agreement, as much of such monies as shall be sufficient to pay, satisfy and discharge the amount in such notice claimed to be due to the person or persons filing such lien, together with the reasonable cost of any actions brought to enforce such claim or the lien creating by the filing of such notice. The monies so retained shall be retained by the party of the first part until the lien thereon created by the said act and filing of said notice shall be discharged pursuant to the provisions of said act or acts. G 1 u 1 1 1 12/89 END OF SECTION GP %-8 I C;alocerinos &Spina Engineers, P.C. November 6, 1992 Mr. James Kuzloski, Regional Director NYSDOT, Region 10 Veterans Memorial Highway Hauppauge, New York 11788 RECEIVED NOV 10 1992 Southold Town Clerk Re: Elizabeth Field Airport SEQR Type H Designation File: 211.006.002 Dear Mr. Kuzloski: On behalf of the Town of Southold, Calocerinos and Spina Engineers, P.C. has completed a review of the State Environmental Quality Review Act (SEQR) for the following activity at Elizabeth Field Airport, Fisher's Island, New York: • Overlay and marking of Runway 7-25 Based upon SEQR criteria, specifically 6 NYCRR PART 617.13(1) & (4), it has been determined that this project is a Type H action. Therefore, no further environmental review is required. Your concurrence with this designation is requested. A location map, a site plan, and a Type H file memo are enclosed for your review. If you have any questions or need further information, please contact me. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. Sara S. Freda Assistant Planner SSF: Enclosures cc: Scott Harris, Town of Southold R. Philip Knauff, Fisher's Island Ferry District 1020 Seventh 11,iorth Street L4verpnN, N'Y 13088-6190, (3111.",457-6711 FAX � 1;;;t ;�';: 1 %Wi�afa Calocerinos & Spina Engineers, P.C. 110 MEMO TO: File # 211.006.002 FROM: 5 N Sara Freda, Assistant Planner SUBJECT: Elizabeth Field Airport - SEQR Designation/Type II Action DATE: November 6, 1992 The Town of Southold is planning to overlay Runway 7-25 at Elizabeth Field Airport. The Airport is located on Fisher's Island which is situated within the Long Island Sound approximately 6 miles south of New London, CT. The proposed project has been designated as a Type H action based on the following: • The project includes the repaving and marking of Runway 7-25 and does not include any expansions to the existing runway, see 6 NYCRR PART 617.13(1)&(4); • Runway 7-25 is approximately 3.6 acres in size; • There will be no substantial adverse changes in existing air quality, ground or surface water quality or quantity, and traffic or noise levels; • There will be no increase in solid waste production or potential for erosion, flooding, leaching or drainage problems; • Large quantities of vegetation or fauna will not be removed or destroyed; and • There will be no substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. There may be short term effects due to construction operations such as earth movement, equipment noise, and some soil erosion into undisturbed areas, but these impacts will be controlled by requiring the contractor to comply with FAA AC 150/5370-10A Standards For Specifying Construction of Airports. The action will be funded by the Federal Aviation Administration (9096), the New York State Department of Transportation (5%), and local government (5%). 1020 Seventh North Street, Liverpool, NY 13088 (315) 457-6711 Seetlower Reef A 240 0 2000 oLight 4000 Ft. II 6. 57 0 001§ OVLy- 67 33 - - 69 01-111 0 I S2N Li6hthouse� t•. Dump,, lls 06• 1000, •s SS K / /// O L Flat / SSouth Hammock Dumgllna 51 .' 39 / is 30 13 2s e ,.e. . 39 No s+ Hl Q� Hawk9 Nest ' • '0 - Point r3 IZ 36 11 460 AM » Marina' • ��i i /+ . . West t ° Harbor ' c arina ,2 FI •�.i Island" 30 8 Hay • >• •• • ' !,�l ab f Yre • '• ` M1'• Harbor 1S • y t • IS 70 j •s • Ci01:.� • •�� Silver Vol ',� count {o • 30_we M a . �, a■aan b � � ELIZABETH FIELD':=3aR�in s, :, Q 4h, E112 wilderness ISLAND Race Point e BLOCK 2. SOU*D se�� 2'30~Pt 2sa0000 750 E % ELIZABETH HELD VICINITY MAP a FIGURE 1 200' EOLESTRIAR AVE. / SILVER EEL COVE FISHERS ISLAND � / TNRaLI DRIVE - � CDwTs " c ® i' V� QD 90PLANNEDn�weDE wv -401 OFF / - ' NOTESs ' .ImD rnE f / ® WEN YOM STATE PLANE COORDINATE VALUES 1 ourtn / /, — - 7,_ _ - NORTH EAST To MJWAV PROTECTION�iN �ARP (ULTIMATE) 380113.025 251229. b6 RN Q END PAY'T. 380262 534 2539712.600 RN 30 END PAVT. 379791.076 25125 Q.301 RW 01 END PAV'T. 37961827/ 2510199.670 RUNWAY 2-30 `— xv RW 25 END PAVT. 30653373 2511990.057 ©GRID IS BASED ON NEW YORIc STATE PLANE COORDINATE SYSTEK LONG ISLAND ZONE MEXOCATED D Q AREA - 193 ACRES (TITLE IN FEE) BLOCK ISLAND SOUND REVISIONS 709M of SOUTHOLD FISHERS ISLAW.WW Y4 LEGEI� ELIZABETH FIELD AIRPORT F PAVED ROAD BY DATE CHANGE a DEFT ROAD R"AY OVERLAY —N— E21 � SEOR PROCESS - icy -!— N.OPf.TV LIE DESKM DE DATE.;'LliJQ smul 1 OF I ROAD Ru.OARY CIECEEO� OE DATE.; AUGUST, 1942 PR02CT FILE NOj 28006.001 CAW FILE NO, 222SP2 200 .4D.QFH T. T C:alowhos & Spina ow b+prw.n. ►.e. cahw U.S. Department of Transportation Federal Aviation Administration SEP 2 31992 Mr. Scott L. Harris Supervisor, Town of Southold Town Hall 53095 Main Road Southold, New York 12953 Dear Mr. Harris: T6 I-- 181 1, YwAlm Awu*, (Rm. 305 v btu, ny 11581 :ik 0J OCT+ 14 1W Elizabeth Field Airport - Engineering for R/W 7-25 Overlay - Consultant Agreement AIP 3-36-0029-07-92 This is to acknowledge that this office received the draft engineering agreement for this project via a letter from your consultant, Calocerinos & Spina, dated August 26, 1992. We have reviewed this agreement and is approved for the amount of $48,982 ($44,083.80 Federal Share). As soon as an executed copy is available, please submit it to us for our records. Also, you must submit the sponsor certification for the selection of consultant. If you have any questions, please call at 516-295-9343. Sincerely, Dan Vornea Airport Engineer JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 9, 1992 Mark F. Petranchuk Managing Engineer Calocerinos 8 Spina Engineers, P.C. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Fishers Island Airport - Elizabeth Field Runway 7-25 Overlay Lump Sum Consultant Agreement for Design Dear Mr. Petranchuk: Enclosed are six (6) executed copies of the Lump Sum Consultant Agreement for Design services on the above -referenced project, along with six (6) original certified resolutions. I have retained two (2) copies for my records. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Accounting S Finance i C__ calocerinos&Spina Enc,ineE rs. P.C. Mr. Scott L. Harris Supervisor, Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Mr. Harris: r- October 5, 1992 7!" Re: Fishers Island Airport - Elizabeth Field Runway 7-25 Overlay Lump Sum Consultant Agreement for Design File: 211.006 Enclosed are eight copies of the Lump Sum Consultant Agreement for Design services on the above -referenced project. The amount of this Agreement has been approved by the Federal Aviation Administration (refer to attached correspondence) and is identical to the draft agreement previously submitted for your review. In addition, please note that the total Agreement amount is consistent with the monies budgeted in the federal grant agreement recently accepted by the Town for this project. If the enclosed Agreement meets your approval, please execute, retain the required number of copies for your records and return the remainder, along with a copy of the resolution authorizing execution, to my attention for distribution to the New York State Department of Transportation and Federal Aviation Administration. If you have any questions in reference to the enclosed, please do not hesitate to contact me. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. Mark F. Petranchuk Managing Engineer MFP Jmc Enclosures cc: Mr. R. Phillip Knauff 1020 Seventh North Street, Liverpool, NY 13088-6199 (315) 457-6711 FAX (315) 457-9803 _kU)c 181 1 YwA&, Qn. 305 SEP 2 31992 ny Mr. Scott L. Harris Supervisor, Town of Southold Town Hall 53095 Main Road Southold, New York 12953 Dear Mr. Harris: Elizabeth Field Airport - Engineering for R/W 7-25 Overlay - Consultant Agreement AIP 3-36-0029-07-92 This is to acknowledge that this office received the draft engineering agreement for this project via a letter from your consultant, Calocerinos & Spina, dated August 26, 1992. We have reviewed this agreement and is approved for the amount of $48,982 ($44,083.80 Federal Share). As soon as an executed copy is available, please submit it to us for.our records. Also, you must submit the sponsor certification for the selection of consultant. If you have any questions, please call at 516-295-9343. Sincerely, Dan Vornea Airport Engineer cc: M.Petranchuk, C&S NYADO;D.Vornea;mp;9/21/92 File:Fishers Island 07-92, Engineering (FIS07) LUMP SUM CONSULTANT AGREEMENT FOR DESIGN PROJECT: Fishers Island Airport - Elizabeth Field Runway 7-25 Overlay NYSDOT PROJECT NO. This Agreement made this �= day of ��,p�,1992, by and between the Town of Southold (hereinafter referred to as the "SPONSOR"), and Calocerinos & Spina Engineers, P.C. (hereinafter referred to as the "CONSULTANT"). WITNESSETH: That the SPONSOR and the CONSULTANT, for the consideration hereinafter named, agree as follows: ARTICLE 1. DESCRIPTION'OF WORK TO BE DONE. The SPONSOR agrees to and hereby does retain and employ the personal service of the CONSULTANT because of his ability and reputation, and the CONSULTANT agrees to perform such services of said Project being particularly described in Schedule A attached hereto and made a part hereof. ARTICLE 2. PROVISION FOR PAYMENT. The SPONSOR shall pay to the CONSULTANT and the CONSULTANT agrees to accept as full compensation for his services under this Agreement, a lump sum fee of $48,982.00 covering salaries of employees assigned to the Project, all indirect costs, all direct expenses and profit. The maximum fee under this Agreement cannot be exceeded for any reason, unless additional services are performed in accordance with the Extra Work Provision in Article 11 of this Agreement. Partial payments of the lump sum fee shall be made monthly on account. Such monthly installments shall be in amounts determined by the SPONSOR and shall be based on its review of a monthly progress report submitted by the CONSULTANT. Retainage in the amount of five percent (5%) of each monthly installment, exclusive of Subcontractor costs, up to a maximum of Twenty Thousand Dollars ($20,000.00) shall be withheld by the SPONSOR conditioned upon the faithful performance of all terms and provisions of this Agreement. The SPONSOR shall retain from each monthly installment five ait\7:\AG210 9.11.91 percent (5%) of each Subcontractor's costs up to a maximum of Twenty Thousand Dollars ($20,000.00) for each individual Subcontractor. Release of retainage will be made upon the satisfactory completion of the work covered by the lump sum fee. The CONSULTANT specifically agrees that the Agreement shall be deemed executory only to the extent of the monies available, and no liability shall be incurred by the SPONSOR beyond the monies available for the purpose. The time for completion of the services agreed to under this Contract shall be as recorded in Schedule A which is attached and made a part of this Agreement. The method of computation of the CONSULTANT lump sum fee is prescribed in Schedule B which is attached and made a part of this Agreement. ARTICLE 3. STANDARD PRACTICES AND REQUIREMENTS. The CONSULTANT shall ascertain the standard practices of the SPONSOR, the New York State Department of Transportation, and the Federal Aviation Administration prior to beginning any of the work of this Project. Where practicable, all work required under this Agreement shall be performed in accordance with these standard practices. In the event that provisions of these standard practices are in conflict or strict adherence to same is impossible or undesirable, the CONSULTANT may, with the approval of the other parties, vary or deviate from such standards. The CONSULTANT shall certify that all work performed under this Agreement shall conform with all approved Federal and State standards and/or with deviations of such standards when approved. ARTICLE 4. DOCUMENTS FORMING THE CONTRACT. The Contract Documents shall be deemed to include this Agreement, with accompanying schedule or schedules. ARTICLE 5. TAXES, ROYALTIES AND EXPENSES. The CONSULTANT shall pay all taxes, royalties and expenses incurred in connection with the services under this Agreement, unless otherwise provided in Article 2. ARTICLE 6. CONSULTANT LIABILITY. The CONSULTANT shall be responsible for all damage to life and property due to activities of the CONSULTANT, his Subcontractors, agents or employees, in connection with his services under this Agreement. The CONSULTANT specifically agrees that his Subcontractors, agents or employees shall possess the experience, knowledge and character necessary to qualify them individually for the particular duties they perform. Further, it is expressly understood that the CONSULTANT shall indemnify and save harmless the SPONSOR, New York State Department of Transportation and Federal Aviation Administration from claims, suits, actions, damages and costs of every name and description resulting ri,\7:\AG210 -2- 9.11.91 from the negligent performance of the services of the CONSULTANT under this Agreement, and such indemnity shall not be limited by reason of enumeration of any insurance coverage herein provided. Negligent performance of service, within the meaning of this Article, shall include, in addition to negligence founded upon tort, negligence based upon the CONSULTANT'S failure to meet professional standards and resulting in obvious or patent errors in the progression of his work. Nothing in this Article or in this Agreement shall create or give to third parties any claim or right of action against the CONSULTANT or the SPONSOR beyond such as may legally exist irrespective of this Article or this Agreement. ARTICLE 7. LABOR LAW REQUIREMENTS. The CONSULTANT specifically agrees, as required by the Labor Law, Sections 220, 220-4 and 220-e, as amended, that his execution of this Agreement binds him to the following specific agreements: A. No laborer, worker or mechanic in the employ of the CONSULTANT, Subcontractor or other persons doing or contracting to do the whole or part of the work included in the Agreement shall be permitted or required to work more than eight (8) hours in any one (1) calendar day or more than five (5) days in one (1) week in the performance of work included in this Agreement except in the emergencies set forth in the Labor Law; B. The wages (including supplements) paid for a legal day's work shall be not less than the prevailing rate of wages (including supplements) as defined by law; C. The minimum hourly rate of wages (including supplements) to be paid shall not be less than that designated by the Industrial Commissioner; D. The minimum hourly supplements to be paid shall be in accordance with the prevailing practices in the locality where the Project is located and shall be not less than designated by the Industrial Commissioner. Supplements as defined in Section 220 of the Labor Law, as amended, mean all remuneration for employment paid in any medium other than cash or reimbursement for expenses or any payments which are not wages within the meaning of the law, including, but not limited to health, welfare, non -occupational disability, retirement, vacation benefits, holiday pay and life insurance E. The Labor Law provides that the Agreement may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than: The stipulated wage scale (including supplements) as provided in the Labor Law, Section 220, Subdivision 3, as amended, or 2. The stipulated minimum hourly scale (including supplements) as provided in the Labor Law, Section 220-4, as amended. F. The CONSULTANT specifically agrees as required by the provisions of Labor Law, Section 220- e, as amended, that: air\7: WG21 U —3— - 9.11.91 In the hiring of employees for the performance of work under this Agreement or any Subcontract hereunder, no CONSULTANT, Subcontractor, nor any person acting on behalf of such CONSULTANT or Subcontractor shall, by reason of race, creed, sex, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; 2. No CONSULTANT or Subcontractor or any person on his behalf, shall in any manner discriminate or intimidate any employee hired for the performance of work under the Agreement on account of race, creed, sex, color or national origin; 3. There may be deducted from the amount payable to the CONSULTANT by the SPONSOR under the Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; 4. The Agreement may be canceled or terminated by the SPONSOR and all monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of the Agreement. G. Surveying Services -The SPONSOR recognizes that the CONSULTANT will be required by the New York State Department of Labor to compensate its personnel performing field survey work in accordance with applicable state wage rates in effect at the same time services are performed. The SPONSOR understands that the CONSULTANT has no control over these labor rates and their periodic increases. Therefore, it is agreed that the SPONSOR will compensate the CONSULTANT for field survey services included as a part of this agreement in accordance with the pricing schedule made a part of this agreement. Furthermore, the SPONSOR will compensate the CONSULTANT for all increases in labor costs including applicable overhead and profit when those increases occur by direction of the New York State Department of Labor. Billings for these increases and payments by the SPONSOR of these increases will take place routinely in accordance with the appropriate terms of this agreement and these increases will be paid as an additional cost over and above the agreed contract amount. Additional Federal Labor Law provisions are contained in Schedule H. ARTICLE 8. NON-DISCRE IINATION PROVISIONS. During the performance of this Contract, the CONSULTANT agrees as follows: A. The CONSULTANT shall not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin, and shall take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Such action shall be taken with reference to, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation and selection for training or retraining, including apprenticeship and on-the-job training. air\7:\AG210 9.11.91 B. The CONSULTANT shall send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Division of Human Rights, advising such labor union or representative of the CONSULTANT's Agreement under clauses (a) through (g) (hereinafter called "non- discrimination clauses"). If the CONSULTANT was directed to do so by the contracting agency as part of the bid or negotiation of this Agreement, the CONSULTANT shall request such labor union or representative to furnish him with a written statement that such labor union or representative shall not discriminate because of race, creed, sex, color or national origin and that such labor union or representative shall affirmatively cooperate within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non- discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Agreement shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with a request that it furnish such a statement, the CONSULTANT shall promptly notify the State Division of Human Rights of such failure or refusal. C. The CONSULTANT shall post and keep in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the State's laws against discrimination as the State Commissioner of Human Rights shall determine. D. The CONSULTANT shall state, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, that all qualified applicants shall be afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. E. The CONSULTANT will comply with the provisions of Section 291-299 of the Executive Law and Civil Rights Law, will famish all information and reports deemed necessary by the State Commissioner of Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the State Commissioner of Human Rights, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. F. This Agreement may be forthwith canceled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commissioner of Human Rights that the CONSULTANT has not complied with these non-discrimination clauses, and the CONSULTANT may be declared ineligible for future Agreements made by or on behalf of the State or a public authority or agency of the State, until he satisfies the State Commissioner of Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the State Commissioner of Human Rights after conciliation efforts by the State Division of Human Rights have failed to achieve compliance with these non-discrimination clauses and after verified complaint has been filed with the State Division of Human Rights, notice thereof has been given to the CONSULTANT and an opportunity has been afforded him to be heard publicly before the State Commissioner of Human Rights or his designee. Such sanctions may be imposed and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by law. airk7:\AG210 —5— 9.11.91 G. The CONSULTANT will include the provisions of clauses (a) through (f) in every Subcontract or purchase order in such a manner that such provisions will be binding upon each Subcontractor or vendor as to operations to be performed within the State of New York. The CONSULTANT will take such action in enforcing such provisions of such Subcontract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the CONSULTANT becomes involved in or is threatened with litigation with a Subcontractor or vendor as a result of such direction by the contracting agency, the CONSULTANT shall promptly so notify the Municipal Counsel, requesting him to intervene and protect the interests of the SPONSOR. ARTICLE 9. WORKER'S COMPENSATION AND LIABILITY INSURANCE. The CONSULTANT agrees to procure and maintain at his own expense and without direct expense to the SPONSOR; with the exception of Item (b)4 which may be billed as a direct expense to the SPONSOR, until final acceptance by the SPONSOR of the services covered by this Agreement, insurance of the kinds and in the amounts hereafter provided in insurance companies authorized to do business in New York State, covering all operations under the Agreement, whether performed by it or by Subcontractors. Before commencing the work, the CONSULTANT shall furnish the SPONSOR a certificate or certificates in form satisfactory to the SPONSOR showing that it has complied with this schedule, which certificate or certificates shall provide that the policies shall not be changed or canceled until thirty (30) days written notice has been given to the SPONSOR. The kinds and amounts of insurance required are as follows: A. Policy or policies covering the obligations of the CONSULTANT in accordance with the provisions of any applicable Worker's Compensation or Disability Benefits Law, including for the State of New York Chapter 41, Laws of 1914, as amended, known as the Worker's Compen- sation Law, and amendments thereto, and Chapter 600 of the Laws of 1949, as amended, known as the Disability Benefits Law, and this Agreement shall be void and of no effect unless the CONSULTANT procures such policy or policies and maintains the same in force during the term of this Agreement. B. Protective Liability Insurance issued to and covering the liability of the Municipal Corporation, the Federal Aviation Administration, the State, the Commissioner and all employees or other representatives of each of them, both officially and personally with respect to all operations under the Agreement including omissions and supervisory acts of the Municipal Corporation, the Federal Aviation Administration, the State, the Commissioner and their employees or other representatives. Policies of bodily injury liability and property damage liability insurance, each with limits of liability of not less than one hundred thousand dollars ($100,000.00) for all damages arising out of bodily injury, including death at any time resulting therefrom sustained by one (1) person in any one (1) accident and subject to that limit for each person; not less than three hundred thousand dollars ($300,000.00) for all damages arising out of bodily injury, including death at any time resulting therefrom, sustained by two (2) or more persons in any one (1) accident, and not less than one hundred thousand dollars ($100,000.00) for all damages arising out of injury to or destruction of property in any one (1) accident and subject to this limit per accident not less than three hundred thousand dollars ($300,000.00) for all damages arising out of injury to or destruction of property during the policy period. air\7:\AG210 -6- 9.11.91 Liability insurance issued to and covering the liability of the CONSULTANT with respect to all work performed by him under this Agreement. 2. Liability insurance issued to and covering the liability of the CONSULTANT'S Subcontractors with respect to all work performed by said Subcontractor under this Agreement. Protective liability insurance issued to and covering the liability of the CONSULTANT with respect to all work under this Agreement performed for the CONSULTANT by Subcontractors. 4. Protective liability insurance issued to and covering the liability of the SPONSOR and all employees of the SPONSOR, both officially and personally, with respect to all operations under this Agreement by the CONSULTANT or by his Subcontractor, includ- ing omissions and supervisory acts of the SPONSOR and its employees. ARTICLE 10. ASSIGNMENT REQUIREMENTS. The CONSULTANT specifically agrees that: A. He is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of the Agreement or of his right, title or interest therein, or his power to execute such Agreement, to any other person, company or corporation without the previous consent in writing of the SPONSOR and the Commissioner of Transportation and the Federal Aviation Administration. B. If this provision of the Agreement is violated, the SPONSOR may revoke and annul the Agreement and the SPONSOR shall be relieved from any and all liability and obligations thereunder to the person, company or corporation to whom the CONSULTANT shall assign, transfer, convey, sublet or otherwise dispose of the Agreement, and such transferee shall forfeit and lose all monies therefore assigned under said Agreement, except so much as may be required to pay his employees. ARTICLE 11. EXTRA WORK. If the CONSULTANT is of the opinion that any work he has been directed to perform is beyond the scope of this Agreement and constitutes Extra Work, he shall promptly notify the SPONSOR of that fact. The SPONSOR shall be the sole judge as to whether or not such work is in fact beyond the scope of this Agreement and constitutes Extra Work. If the SPONSOR determines that such work does. constitute Extra Work, it shall provide extra compensation to the CONSULTANT upon a fair and equitable basis. A Supplemental Agreement providing for such compensation for Extra Work shall be prepared and executed by the CONSULTANT and SPONSOR and be approved by the appropriate State and Federal officials. air\7:\AG210 —7— 9.11.91 ARTICLE 12. ABANDONMENT, CHANGE OF PLAN AND TERMINATION. The SPONSOR shall have the absolute right to abandon the work or to amend its Project or to change the general basis at any time, and such action on its part shall in no event be deemed a breach of contract. If the SPONSOR does amend its Project or change the general basis and the CONSULTANT is of the opinion that Extra Work is made necessary as a result thereof, the provisions of Article 11 of this Agreement with respect to Extra Work shall apply. The SPONSOR has the right to terminate this Agreement at its pleasure and make settlement with the CONSULTANT upon an equitable basis as determined by the SPONSOR, who shall fix the value of the work performed by the CONSULTANT prior to the termination of this Agreement. In determining the value of the work performed, the SPONSOR shall consider the following: A. The ratio of the amount of work performed by the CONSULTANT prior to the termination of the Agreement to the total amount of work contemplated by this Agreement, less any payments previously made. B. The amount of expense to which the CONSULTANT is put in performing the work performed prior to the termination, in proportion to the amount of expense to which the CONSULTANT would have been put had he been allowed to complete the total work contemplated by the Agreement, less any payments previously made. C. The actual cost incurred by the CONSULTANT as verified by audit, plus a portion of the fixed fee equal to the percentage of work completed. In determining the value of the work performed by the CONSULTANT prior to the termination, no consideration shall be given to profit which the CONSULTANT might have made on the uncompleted portion of the work. If the termination is brought about as a result of unsatisfactory performance on the part of the CONSULTANT, the value of the work performed by the CONSULTANT prior to termination shall be fixed solely on the ratio of such work to the total amount of work contemplated by this Agreement. ARTICLE 13. SUSPENSION OF WORK. In the event that the work under the Agreement is entirely suspended, the CONSULTANT agrees that his services shall likewise be suspended without compensation for the suspended period, unless otherwise directed by the SPONSOR. Upon the resumption of the work under the Agreement, the CONSULTANT shall resume his services under this Agreement until the work is completed and accepted. In all cases provided for in this Agreement for the additional services above described, the SPONSOR'S directions shall be exercised by the issuance of a Supplemental Agreement. ARTICLE 14. DEATH OR DISABILITY OF THE CONSULTANT. In case of the death or disability of one or more, but not all of the persons herein referred to as the CONSULTANT, the rights and duties of the CONSULTANT shall devolve upon the survivor or au\7AAG210 —8— 9.11.91 survivors of them, who shall be obliged to perform the services required under this Agreement, and the SPONSOR shall make all payments due to him or them. In case of the death or disability of all the persons herein referred to as the CONSULTANT, all data and records pertaining to the Project shall be delivered within sixty (60) days to the SPONSOR or its duly authorized representative. In case of the failure of the CONSULTANT, his successors or personal representatives, to make such delivery on demand, then and in that event the representatives of the CONSULTANT shall be liable to the SPONSOR for any damages it may sustain by reason thereof. Upon the delivery of all such data to the SPONSOR, the SPONSOR shall pay to the representatives of the CONSULTANT all amounts due the CONSULTANT, including retained percentages to the date of the death of the last survivor. ARTICLE 15. INTERCHANGE OF DATA. All technical data in regard to the Project whether (a) existing in the office of the SPONSOR or (b) existing in the office of the CONSULTANT, shall be made available to the other party to this Agreement without expense to such other party as the case may be. ARTICLE 16. DISPOSITION OF PROJECT DOCUMENTS. At the time of completion of the work, the CONSULTANT shall make available to the SPONSOR all original tracings plans, maps, computerized programs and reports which have been prepared as the result of this Agreement. This material shall become the property of the SPONSOR and the maintenance of the data shall be the responsibility of the SPONSOR, The cover sheet of each document furnished to the SPONSOR by the CONSULTANT shall include the appropriate State and Federal financial notices and the endorsement of the CONSULTANT. In the event that this Agreement is terminated for any reason, then within ten (10) days after such termination, the CONSULTANT shall make available to the SPONSOR all data and material prepared under this Agreement including cover sheets in accordance with the above paragraph. ARTICLE 17. DAMAGES AND DELAYS. The CONSULTANT agrees that no charges or claim for damages shall be made by him for any delays or hindrances from any cause whatsoever during the progress of any portion of the services specified in this Agreement. Such delays or hindrances, if any, shall be compensated for by an extension of time for such reasonable period as the SPONSOR may decide, it being understood, however, that the permitting of the CONSULTANT to proceed to complete any services or any part of them after the date of completion or after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the SPONSOR of any of its rights herein. aiA7AAG210 —9— 9.11.91 ARTICLE 18. CODE OF ETHICS. The CONSULTANT specifically agrees that this Agreement may be canceled or terminated if any work under this Agreement is in conflict with the provisions of Section 74 of the New York State Public Officers' Law, as amended, and Schedule G. ARTICLE 19. INDEPENDENT CONTRACTOR. The CONSULTANT, in accordance with his status as an independent contractor, covenants and agrees that he shall conduct himself consistent with such status, that he shall neither hold himself out as nor claim to be an officer or employee of the SPONSOR by reason hereof, and that he shall not by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the SPONSOR, including but not limited to, worker's compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. ARTICLE 20. PATENT RIGHTS AND COPYRIGHTS. Any patentable result arising out of this Agreement, as well as all information, designs, specifications, know-how data, and findings, shall be made available without cost to the State or its licensees and the Federal Aviation Administration for public use. No material prepared in connection with this Project shall be subject to copyright. The State and the Federal Aviation Administration shall have the right to publish, distribute, disclose or otherwise use any material prepared under this Project. ARTICLE 21. NEW YORK STATE PARTICIPATION. The work in this Agreement is included in a New York State Department of Transportation Project, which is being undertaken and accomplished by the SPONSOR and the State of New York, pursuant to which the State has agreed to pay a certain percentage of the allowable project costs. The State of New York is not a party to this Agreement and no reference in this Agreement to the Commissioner of Transportation or any representative thereof, or to any rights granted to the Commissioner of Transportation or any representative thereof or the State of New York, by the Agreement, make the State of New York a party to this Agreement. The CONSULTANT and the SPONSOR agree that properly authorized officials of the State of New York may from time to time inspect, all Project documents for the purpose of insuring compliance with New York State laws and protecting the interests of New York State. ARTICLE 22. FEDERAL PARTICIPATION. The Federal Aviation Administration is not a party to this Contract although the Project work program covered by this Agreement is to be financially aided in part by a Grant Agreement between the SPONSOR and the Federal Aviation Administration as provided for under the Airport and Airway Development Act of 1970 (P.L. 91258). The SPONSOR and the CONSULTANT hereby agree to comply fully with the conditions set forth in detail in the Grant Agreement as though they were set forth in detail air\7: WG210 -10- 9.11.91 in this Agreement. The CONSULTANT further agrees that by reason of complying with the conditions of the Grant Agreement, no obligation is entailed on the part of the Federal Aviation Administration to the CONSULTANT. The CONSULTANT and the SPONSOR agree that properly authorized officials of the Federal Aviation Administration may from time to time inspect all Project documents for the purpose of insuring compliance with Federal laws and protecting the interests of the Federal Aviation Administration. ARTICLE 23. hfiSC ELLANEOUS. A. The CONSULTANT agrees that he shall require all persons employed upon the work, including his Subcontractors, agents, officers and employees, to comply with all applicable laws in the jurisdiction in which the work is performed. B. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. C. By execution of this Agreement, the CONSULTANT represents that he has not paid and also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this Agreement. D. The SPONSOR and CONSULTANT agree that all Project documents requiring formal approval by a Federal agency will be submitted to the New York State Department of Transportation for their prior approval and forwarding to the Federal agency for its formal approval. The SPONSOR and CONSULTANT agree that approval of all Project documents requires the complete, prior and simultaneous coordination with the Federal agency and New York State Department of Transportation. ARTICLE 24. SUBCONTRACTORS/SUBCONSULTANTS. All subcontractors and subconsultants performing work on this project shall be bound by the same required contract provisions as the prime consultant. All agreements between the prime consultant and a subcontractor or subconsultant shall include all standard required contract provisions, and such agreements shall be subject to review by the State and the Federal Aviation Administration. air\7:\AG210 —11— 9.11.91 IN WITNESS WHEREOF, this Agreement has been executed by the SPONSOR, acting by and through the Supervisor of the Town of Southold who has caused the seal of his office to be affixed hereto, and the CONSULTANT, by and through a duly authorized officer has executed this Agreement effective the day and year first above written, subject to the approval of the Commissioner, Department of Transportation, the State Comptroller, and the Federal Aviation Administration. SPONSOR Town of Southold By• �Z� /L'—Jr Scott I/Harris Title: Town Supervisor Date: CONSULTANT Calocerinos & Spina Engineers, P.C. 'roe W Wa Ii Title: Division Manager Date: / Qi� � Z air\7:\AG210 —12- 9.11.91 (ACKNOWLEDGEMENT OF OFFICER OR OWNER ATTESTING CONTRACT) State of N) County of;* f S: On this .day, 19,ja�-before me personally came and appeared me known, who being by me du=wcribed ose and say that he is the of the in and which executecj.tl a foretbing instrument, that he knows the seal of 'd Owner; that one of the impressions appearing on said instrument is a true and correct impression of such seal; and that he affixed it thereto and attest the same over his signature by virtue of the authority in him vested. JUDITH T TERRY Notary Public,State of New Yb(k <--� No. ri_n ,y d6'i,3 / Notary Public (ACKNOWLEDGEMENT OF CORPORATION) State of New York ) County of Onondaga ) SS: On this day of , 19 X a, before me personally came and appeared RONALD L. PECKHAM, P.E., to me known, who being duly sworn, did depose and say that he resides in Liverpool, New York; that he is the Division Manager of CALOCERINOS & SPINA ENGINEERS, P.C., the CORPORATION described in and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that is was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. THERESA M. HOPKINS ovd Notary Public. State of New York Notary Publi )ualified in Onondaga Co. No. 49185 Commission Expires February ai67:NG210 -13- 9.11.91 SCHEDULE A Project Description: Engineering design services associated with the construction of a bituminous overlay on Runway 7-25 (1940' x 75') The CONSULTANT agrees that the following types of professional services will be provided within the scope of Schedule "B": 1. Conferences with the SPONSOR to review his wishes and requirements, inspection of the site and become knowledgeable of the existing data that is already available for the Project. 2. Conferences with the New York State Department of Transportation and the Federal Aviation Administration to review their programming and design standards and become knowledgeable of the data that is already available for the Project. During the design phase, to aid the SPONSOR by acting as liaison and project coordinator with the New York State Department of Transportation and the Federal Aviation Administration. The CONSULTANT shall prepare an Engineering Report per applicable requirements of Schedule F by supplementing the Pavement Evaluation Study Report dated February, 1992. 4. Prepare preliminary engineering studies' design and cost estimates for review and acceptance by the SPONSOR, New York State Department of Transportation and the Federal Aviation Administration for the Project's scope of work. 5. Prepare detailed applications for project funding to meet the Airport Improvement Program criteria of the Federal Aviation Administration. 6. If required, to update the Airport Layout Plan by identifying the improvements proposed herein and submit sufficient copies for its approval by the New York State Department of Transportation and the Federal Aviation Administration. 7. Prepare and furnish detailed Construction Plans, Specifications and Contract Documents for the Project. Submit sufficient copies of preliminary (50% complete) and final copies of the documents to the SPONSOR, the New York State Department of Transportation and the Federal Aviation Administration for their review and approval. For bidding purposes, provide as many copies of the Contract Documents to the SPONSOR as may be required. .ir�7:aa210 9.11.91 i 8. The CONSULTANT agrees to complete the work under this phase of the Agreement in a manner satisfactory to the SPONSOR, within five (5) months after receiving a Notice to Proceed from the SPONSOR or within such extended periods as are agreed to by the SPONSOR. 9. Work products shall be submitted to State and Federal Agencies in accordance with the following schedule and shall be started by receipt of a signed Engineering Agreement: Time from Receipt of Executed Agreement Project Date Engineer's Agreement October, 1992 Preliminary Plans, 60 Days December, 1992 Specifications and Design Report (50% Completion) Final Plans, Specifications 120 Days February, 1993 and Design Report (100% Completion) 10. Assist the SPONSOR in securing bids, tabulation and analysis of bid results and furnish recommendations on the award of the Construction Contract. 11. Assist the SPONSOR in the preparation of formal Contract Documents for the award of Contracts. END OF SCHEDULE airNd:\wprd aVuwdardVgtmaiAG210 A-2 9.11.91 t_ TOTAL ESTIMATED DIRECT SALARY COST II. OVERHEAD EXPENSES & PAYROLL BURDEN PER SCHEDULE "C" - (AUDITABLE, ESTIMATED AND EXPRESSED AS A PERCENTAGE OF DIRECT SALARY COST): A. AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: B. N.Y.S.D.O.T. ELIGIBLE FACTOR: RUNWAY 7-25 OVERLAY Page 1 $14,708.00 NYSDOT AGREEMENT AMOUNT ELIGIBLE & FAA COST ELIGIBLE COST -------------- ---------------- 142% $20,885.00 125% $18,385.00 ---------------------------- ---------------------------- *w*,rrrw,rt*w,e*,rr**,rw*,e,►ir**,r+e*,e*,r*,r*w* * ARCHITECTURAL/ENGINEERING * COST SUMMARY * SCHEDULE 'B" * DESIGN PHASE PROJECT: RUNWAY 7-25 OVERLAY DATE: 18 -Aug -92 PROJ DESCRIPTION: CONSTRUCT BITUMINOUS OVERLAY ON RUNWAY 7-25 (1940'X751) A/E: CALOCERINOS & SPINA PROJECT NO: 211.006 CLIENT: TOWN OF SOUTHOLD C&S CONTACT: M.F.PETRANCHUK CLIENT MANAGER: MR. R.PHILIP KNAUFF I. DIRECT SALARY COSTS: MAXIMUM AVERAGE RATE OF PAY RATE OF PAY TITLE (S/HR) (S/HR) a HOURS ------- ---------------- COST ----------------------------------------- A. DIVISION MANAGER ---------------------- 544.10 $38.40 X 8 = S307.00 B. MANAGING ENGINEER 531.50 529.90 X 36 = S1,076.00 C. SEN PROJ ENGINEER 528.80 $26.60 X 0 = $0.00 D. PROJECT ENGINEER $23.80 $21.60 X 212 = S4,579.00 E. SEN GEOLOGIST (SOILS ENG) 524.50 $22.30 X 0 = $0.00 F. GEOLOGIST (SOILS ENG) $22.80 $20.70 X 0 = $0.00 G. ENGINEER $20.70 $19.00 X 0 = $0.00 H. ASST ENGINEER $18.90 $16.00 X 276 54,416.00 I. DESIGNER $17.20 $14.00 X 0 = $0.00 J. SEN DRAFTSMAN $16.50 $13.30 X 248 = $3,298.00 K. DRAFTSMAN $13.50 $11.10 X 0 $0.00 L. TECHNICAL TYPIST $12.70 $11.30 X 40 = $452.00 M. GRANT ADMINISTRATOR 516.00 $14.50 X 40 = S580.00 N. INSPECTION SUPERVISOR $27.30 524.80 X 0 = SO.00 0. RESIDENT ENGINEER 526.20 523.80 X 0 = SO.00 P. CHIEF INSPECTOR 523.30 521.20 X 0 = SO.00 Q. SEN INSPECTOR $20.40 $18.50 X 0 = $0.00 R. INSPECTOR $17.00 513.80 X 0 = $0.00 S. JR INSPECTOR $11.20 $10.20 X 0 = 50.00 T. PARTY CHIEF $27.80 526.50 X 0 = $0.00 U. INSTRUMENT MAN $24.70 523.50 X 0 = $0.00 V. RODMAN 522.60 $21.50 X 0 = -------------- -------------- SO.00 TOTAL ESTIMATED DIRECT SALARY COST II. OVERHEAD EXPENSES & PAYROLL BURDEN PER SCHEDULE "C" - (AUDITABLE, ESTIMATED AND EXPRESSED AS A PERCENTAGE OF DIRECT SALARY COST): A. AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: B. N.Y.S.D.O.T. ELIGIBLE FACTOR: RUNWAY 7-25 OVERLAY Page 1 $14,708.00 NYSDOT AGREEMENT AMOUNT ELIGIBLE & FAA COST ELIGIBLE COST -------------- ---------------- 142% $20,885.00 125% $18,385.00 ---------------------------- ---------------------------- 111. SUBTOTAL OF ITEMS I & I1: A. AGREEMENT AMOUNT & F.A.A. ELIGIBLE: B. N.Y.S.D.O.T. ELIGIBLE: IV. ESTIMATE OF DIRECT EXPENSES: & $450.00 = $2,700.00 A. DAY/TRIP TRAVEL, BY AIR: S300.00 2 PERSONS 8 $151.00 = $906.00 3 TRIPS 8 2 $0.05 = $100.00 TRAVEL, BY RENTAL CAR: = S250.00 3 TRIPS a B. PER DIEM: 3 DAYS 2 C. REPRODUCTION - 1. DESIGN REPORTS: 20 SETS 2 2. SPECIFICATIONS: 60 SETS 8 3. DRAWINGS: 60 SETS a 4. MYLARS: D. COMPUTER TIME: E. CADD TIME: F. OPL PROJECT INSURANCE PREMIUM: G. MISCELLANEOUS: 2 PERS/TRIP & $450.00 = $2,700.00 1 DAY/TRIP 2 5100.00 = S300.00 2 PERSONS 8 $151.00 = $906.00 100 PAGES/SET 2 $0.05 = $100.00 400 PAGES/SET a 50.05 = $1,200.00 6 SHEETS/SET 8 $1.00 = $360.00 12 SHEETS 9 55.00 = S60.00 0 HOURS 9 512.00 = $0.00 40 HOURS a $25.00 = S1,000.00 = S250.00 = $124.00 TOTAL ESTIMATE OF DIRECT EXPENSES V. FIXED FEE (PROFIT, LUMP SUM): A. LABOR PLUS OVERHEAD: 1 AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: 2 N.Y.S.D.O.T. ELIGIBLE FACTOR: B. DIRECT EXPENSES: 1 AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: 2 N.Y.S.D.O.T. ELIGIBLE FACTOR: TOTAL FIXED FEE NYSDOT AGREEMENT AMOUNT ELIGIBLE & FAA COST ELIGIBLE COST -------------- ---------------- $35,593.00 433,093.00 $7,000.00 15% (OF III.A.) 15% (OF III.B.) $4,964.00 $7,000.00 $5,339.00 15% (OF IV.) $1,050.00 1.5% (OF IV.) $105.00 ---------------------------- ---------------------------- $5,069.00 56,389.00 -------------- -------------- -------------- -------------- VI. TOTALS: A. ESTIMATE OF MAXIMUM TOTAL COST FOR DESIGN SERVICES, NYSDOT ELIGIBLE: $45,162.00 B. ESTIMATE OF MAXIMUM TOTAL COST FOR DESIGN SERVICES, AGREEMENT TOTAL & FAA ELIGIBLE: RUNWAY 7-25 OVERLAY Page 2 $48,982.00 SCHEDULE C CALOCERINOS & SPINA ENGINEERS, P.C. 1020 SEVENTH NORTH STREET LIVERPOOL, NEW YORK 13088 ESTIMATED ALLOWABLE OVERHEAD FYE 12/31/92 DOLLARS MULTIPLIER SALARY OVERHEAD (PAYROLL BURDEN) Vacation & Holiday Pay 531,200.00 0.114 Sick & Personal Pay 161,775.00 0.035 FICA Taxes 570,000.00 0.122 Unemployment Taxes 45,000.00 0.010 Workmen's Compensation Insurance 29,000.00 0.006 Group Insurance 490,000.00 0.105 Bonus 25,000.00 0.005 Miscellaneous Employee Benefits 115,000.00 0.025 Payroll Preparation 6.000.00 0.001 TOTAL 1,972,975.00 0.422 GENERAL & ADMINISTRATIVE OVERHEAD Indirect Labor 966,600.00 0.207 Clerical & Administrative 901,700.00 0.193 Project Development 745,400.00 0.159 Meeting, Conventions & Education 90,000.00 0.019 Office Supplies & Expenses 290,000.00 0.062 Field Supplies 36,000.00 0.008 Insurance 325,000.00 0.070 Depreciation 255,000.00 0.055 Rent 515,000.00 0.110 Utilities & Maintenance 162,450.00 0.035 Telephone 105,000.00 0.022 Auto Expenses 43,000.00 0.009 Dues & Fees 65,000.00 0.014 Legal & Accounting Expenses 165,000.00 0.035 Miscellaneous 0.00 0.000 TOTAL 4,665,150.00 0.998 TOTAL ALLOWABLE OVERHEAD 6,638,125.00 1.420 TOTAL DIRECT LABOR 4,675,000.00 1.000 END OF SCHEDULE airN7:UG210 9.11.91 ' � r T r r f f SCHEDULE D Mr. Philip Brito, Manager Federal Aviation Administration New York Airports District Office 181 South Franklin Avenue - Room 305 Valley Stream, New York 11581 . 1992 Re: Fishers Island -Elizabeth Field Airport Subj: Airport Consultant Selection for Runway 7-25 Overlay Dear Mr. Brito: The Town of Southold has selected the firm of Calocerinos & Spina Engineers, P.C. to provide professional services for the proposed bituminous overlay of Runway 7-25 at Elizabeth Field Airport. To the best of our knowledge, the qualifications based selection procedure used in selecting Calocerinos and Spina complies with the intent of Advisory Circular 150/5100-14A (latest version). The firm was chosen after careful consideration of its qualifications and those of other professional firms. C&S has demonstrated by past performance, its capability to successfully complete a wide variety of airport development projects including planning, design, construction inspection and other related services. The firm possesses the necessary professional staff, technical resources, financial capability, experience and understanding of the work anticipated to complete it within the time allocated. The President and Engineer In Charge are Registered Professional Engineers in the State of New York. Very truly yours, TOWN OF SOUTHOLD Scott L. Harris Supervisor SLH Jmc Enclosure cc: Calocerinos & Spina Engineers, P.C. END OF SCHEDULE air\7AAG210 9.11.91 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER �oc��FF OIK��Gy OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 6, 1992: RESOLVED that the Town Board of the Town of Southold hereby approves, and authorizes Supervisor Scott L. Harris to execute, the Lump Sum Consultant Agreement for engineering design services by Calocerinos 8 Spina Engineers, P.C. , for services associated with the construction of a bituminous overlay on Runway 7-25 (1940' x 75') at Elizabeth Field Airport, Fishers Island; said lump sum fee in the amount of $48,982.00; all in accordance with the approval of the Town Attorney. Judith T. Terry Southold Town Clerk October 7, 1992 SCHEDULE E (RESOLUTION TO BE INSERTED) air\7:\AG210 9.11.91 SCHEDULE F ENGINEER'S REPORT GENERAL CONTENTS SECTION 1 - INTRODUCTION A paragraph or so generally including the following: A. Airport location, owner, operator, brief history. B. Type of airport, classification, airplane design group. C. Based aircraft, aircraft operations, enplanements. 1.01 Proposed Development Generally includes: A. A brief explanation of the scope of the proposed improvement. B. How project fits in with present and future development'of the airport as shown on ALP. 1.02 Purpose and Scope of Report Generally includes: A. Purpose of report. B. Contents of report (i.e., basis of design, cost estimates, recommendations, . development of alternative improvements, etc.). 1.03 Scope of Professional Services Generally includes: A. List of professional services to be provided (i.e., survey, visual inspection, pavement design, report preparation, etc.). 1.04 Airside Facilities Generally includes: A. Description of existing airside facilities. B. Reference to General Plan. 1.05 Environmental Considerations (Use Standard) 1.06 Safety Considerations (Use Standard) .irQ; WG210 9.11.91 SECTION 2 - GEOTECHNICAL General paragraph to include: A. Geotechnical testing setup in accordance with FAA AC. B. When conducted. C. Purpose and contents of section. 2.01 Subsurface Investigation Generally includes: A. Description of subsurface investigation program. B. What the investigation included. C. Who performed the testing. D. Reference boring plan. 2.02 Laboratory Testing Generally includes: A. Type and number of laboratory tests to be conducted. B. Testing standards followed. 2.03 Findings Generally includes: A. Results of geotechnical investigation. B. Subgrade soils. C. Ground water conditions. D. Frost conditions. E. Subgrade density and strength. 2.04 Conclusions and Recommendations Generally includes: A. Existing pavement section. B. Subgrade limiting soil type, compaction, CBR. C. Subgrade frost susceptibility. D. Need for underdrains, stabilization fabric, drainage improvements. E. Special construction methods required. F. Reference to Appendix for data. a:.v:msxio -2- 9.11.91 w SECTION 3 - BASIS OF DESIGN General paragraph to include: A. Purpose and contents of section. B. Reference to FAA AC (General). 3.01 Construction History Generally includes: A. History of airport pavement to be overlayed (i.e., initial pavement section, overlays, maintenance efforts, etc.). B. Graphic showing different pavement types, Figure No. 4. 3.02 Existing Pavement Condition Generally includes: A. Discussion of existing pavement condition. B. Indication of pavement distress and severity. C. Possible figure showing location of the various pavement distresses. D. Indication of areas requiring reconstruction, or special repair. 3.03 Preparation of Existing Pavement Generally includes: A. Indication of repairs, type of crack sealing, and surface preparation required prior to the overlay. B. Indication if reflective crack membrane is to be used. 3.04 Overlay Design Generally includes: A. Aircraft mix. B. Selection of design aircraft. C. Determination of equivalent annual total departures by design aircraft. D. Design Data - design aircraft, maximum takeoff weight, landing gear configuration, equivalent annual departures, soil classification, subgrade CBR, subbase CBR. E. Existing pavement strength. F. Required pavement strength. G. Overlay design. .ifv:mgziu -3- 9.11.91 3.05 Pavement Geometry Generally includes: A. Reference to FAA AC 150/5300-4B, "Utility Airports" or FAA AC 150/5300-12, "Airport Design Standards - Transport Airports". B. Pavement widths and lengths. C. Limits of overlay. 3.06 Surface Gradients Generally includes: A. Reference to FAA AC 150/5300-4B, "Utility Airports" or FAA AC 150/5300-12, "Airport Design Standards - Transport Airports". B. Proposed pavement longitudinal and transverse grades. C. Allowable grades (FAA AC). D. Refer to Figure No. 3. 3.07 Safety Areas Generally includes: A. Reference to FAA AC 150/5300-4B, "Utility Airports" or FAA AC 150/5300-12, "Airport Design Standards - Transport Airports". B. Required safety area, dimensions and grades. C. Proposed safety areas grades and dimensions. 3.08 Runway Grooving Generally includes: A. Purpose and justification for grooving. B. Area to be grooved. C. Dimensions of grooves. 3.09 Markings Generally includes: A. Refer to FAA AC 150/5340-1F, "Marking of Paved Areas On Airports". B. Type and color of markings to be applied. SECTION 4 - BID ALTERNATIVES AND COST ESTIMATES Generally includes: A. Purpose of section. air\7:Fsg= - -4- 9.11.91 s . i 4.01 Bid Alternatives Generally includes: A. Breakdown of how improvements are to be bid. B. Priority of improvements. 4.02 Cost Estimates Generally includes: A. Detailed cost estimates. B. Source of quantities and unit costs. 4.03 Project Cost Summary and Analysis Generally includes: A. Cost for various bids (i.e., base, alternate No. 1, Add -Ons). B. Alternate project cost combinations. C. Alternative project cost summary. APPENDICES A - Geotechnical Data B - Pavement Design Curves and Calculations C - Figures Figure No. 1 - General Plan Figure No. 2 - Boring Location Plan Figure No. 3 - Centerline Profile and Cross -Sections (Optional) Figure No. 4 - Existing Pavement Type & Section Plan (Optional) END OF SCHEDULE r .;.v:aszio -5- 9.11.91 SCHEDULE G CERTIFICATION OF CONSULTANT I hereby certify that I am the Division Manager and duly authorized representative of the firm of Calocerinos & Spina Engineers, P.C., whose address is 1020 Seventh North Street, Liverpool, New York, and that neither I nor the above firm I here represent has: A. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Contract. B. agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services of any firm or person in connection with carrying out the Contract, or C. paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States' Department of Transportation, in connection with this Contract, involving participation of Airport Improvement Program (AIP) funds and is subject to applicable state and Federal laws, both criminal and civil. Date Ronald L. Peckham, P.E. Division Manager END OF SCHEDULE air\7:\AG210 9.11.91 t SCHEDULE H AIRPORT AID PROGRAM There is set forth below the contract provision required. by the regulations of the Secretary of Labor in Parts 5 and 5a of Title 29 of the Code of Federal Regulations. Section 152.55(a) requires sponsors to insert this provision in full in each construction contract. PROVISION REQUIRED BY THE REGULATIONS OF THE SECRETARY OF LABOR A. MINIMUM WAGES All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision(s) of the Secretary of Labor which is (are) attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decisions) shall be posted by the contractor at the site of the work in a prominent place where it (they) can be easily seen by the workers. For the purpose of this paragraph, contributions made or costs reasonably anticipated under Section 1(b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Subparagraph 4 below. Also for the purpose of this paragraph, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period [29 CFR 5.5(a)(1)(i)]. 2. Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination(s) and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination(s), and a report of the action taken shall be sent by the SPONSOR to the FAA for approval and transmittal to the Secretary of Labor. In the event that the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for final determination [29 CFR 5.5(a)(1)(ii)]. 3. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof shall be established. In the event the interested parties cannot agree upon a,6ash equivalent of the fringe benefit, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for determination [29 CFR 5.5(a) (1)(iii)]. 4. If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costa reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract. Provided, however, the Secretary of Labor has found, upon the written . request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. B. WITHHOLDING: FAA FROM SPONSOR. Pursuant to the terms of the grant agreement between the United States and SPONSOR, relating to Airport Development Aid Project No. ,and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), the FAA may withhold or cause to be withheld from the SPONSOR so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the Contractor or any Subcontractor on the work the full amount of wages required by this Contract. In the event of failure to pay any laborer or mechanics, including any apprentice or trainee, employed or working on the site of the work all or part of the wages required by this Contract, the FAA may, after written notice to the SPONSOR, take such action as may be necessary to cause the suspension of any further payment or advance of funds until such violations have ceased [29 CFR 5.5(a)(2)]. C. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv) (see Subparagraph 4 of Paragraph A above), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such air\7AAG210 9.11.91 benefits [29 CFR 5.5(a)(3)()]. 2. The Contractor will submit weekly a copy of all payrolls to the SPONSOR for availability to the FAA as required by SS 152.59(a). The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this Contract and the Copeland regulations of the Secretary of Labor (29 CFR Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor, under 29 CFR 5.5(a)(1)(iv) (see Subparagraph 4 of Paragraph A above), shall satisfy this requirement. The prime Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors. The Contractor will matte the records required under the labor standards clauses of the Contract available for inspection by authorized representatives of the FAA and the Department of Labor, and will permit such representatives to interview employees during working hours on the job [29 CFR 5.5(a)(3)(i)]. D. APPRENTICES AND TRAINEES 1. Apprentices. Apprentices will be permitted to work as such only when the are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in Subparagraph 2 of this Paragraph, or who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The Contractor or Subcontractor will be required to furnish to the SPONSOR written evidence of the registration of his program and apprentices as well as of the Appropriate ratios and wage rates, for the area of construction prior to using any apprentices on the contract work [29 CFR 5.5(a)(4)]. 2. Trainees. Trainees will be permitted to work as such when they are bona fide trainees employed pursuant to a program approved by the United States Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training and, where Subparagraph 3 of this Paragraph is applicable, in accordance with the provisions of Part 5a.29 CFR, Subtitle A. 3. Application of 29 CFR Part 5a. On contracts in excess of $10,000 the employment of all laborers and mechanics, including apprentices and trainees as defined in 29 CFR 5.2(c) shall be also be subject to the provisions of 29 CFR Part 5a. Apprentices and trainees shall be hired in accordance with the requirements of 29 CFR Parts 5a as set forth in Subparagraphs 4, 5, 6, 7, and 8 of this Paragraph. 4. Apprentice and Trainee Employment Requirements. a. The Contractor agrees: li That he will make a diligent effort to hire for the performance of the contract a number of apprentices or trainees, or both, in each occupation, which bears to the average number of the journeymen in that occupation to be employed in the performance of the contract the applicable ratio as determined by the Secretary of Labor; 2) That he will assure that 25 percent of such apprentices or trainees in each occupation are in their first year of training, where feasible. Feasibility here involves a consideration of the availability of training opportunities for first year apprentices, the hazardous nature of the work for beginning workers, excessive unemployment of apprentices in their second and subsequent years of training; and 3) That during the performance of the Contract he will, to the greatest extent possible, employ the number of apprentices or trainees necessary to meet currently the requirements of Subdivisions 1) and 2) of this Subparagraph. The Contractor agrees to maintain records of employment by trade of the number of apprentices and trainees, apprentices and trainees by first year of training, and of journeymen, and the wages paid and hours of work of such apprentices, trainees, and journeymen. The Contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal Aviation Administration. The Contractor who claims compliance based on the criterion stated in (Subdivision 5 b. of this Paragraph) agrees to maintain records of employment, as described in Subdivision b. of this Paragraph on non -Federal and non - Federally assisted construction work done during the performance of this contract in the same labor market area. air\7:\AG210 u-2 9.1 1.91 o t* The Contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal Aviation Administration. d. The Contractor agrees to supply one copy of the written notices required in accordance (with Subsection 5 c.) at the request of Federal Aviation Administration compliance officers. The Contractor also agrees to supply at three-month intervals during performance of the Contract and after completion of contract performance a statement describing steps taken toward malting a diligent effort and containing a breakdown by craft, of hours worked and wages paid for first year apprentices and trainees, other apprentices and trainees, and journeymen. One copy of the statement will be sent to the Federal Aviation Administration, and one to the Secretary of Labor. C. The Contractor agrees to insert in any Subcontract under this contract the requirements contained (in this Subdivision 4). Subparagraphs 5, 6, 7, and 8 shall also be attached to each such Contract for the information of the Contractor. The term "Contractor" as used in such clauses in any Subcontract shall mean the Subcontractor. 5. Criteria for Measuring Diligent Effort. A Contractor will be deemed to have made a "diligent effort" as required by Subparagraph 4 of this Paragraph if during the performance of his Contract he accomplishes at least one of the following three objectives: a. The Contractor employees on this project a number of apprentices and trainees by craft as required by the Contract clause at least equal to the ratios established in accordance with Subparagraph 6 of this Paragraph. b. The Contractor employs, on all his public and private, construction work combined in the labor market area of this project, an average number of apprentices and trainees by craft as required by the contract clauses, at least equal to the ratios established in accordance with Subparagraph 6. 1) Before commencement of work on the project, the Contractor, if covered by a collective bargaining agreement, will give written notice to all joint apprenticeship committees: the local United States Employment Security Office; local chapter of the Urban League (Workers Defense League) or other local organization concerned with minority employment; and the Bureau of Apprenticeship and Training Representative, United State Department of Labor, for the locality. The Contractor, if not covered by a collective bargaining agreement, will give written notice to all the groups stated above except joint apprenticeship committees; this Contractor also will notify all non joint apprenticeship sponsors in the labor market area. 2) The notice will include at least the Contractor's name and address, the jobsite address, value of contract, expected starting and completion dates, the estimated average number of employees in each occupation to be employed over the duration of the Contract, and a statement of his willingness to employ a number of apprentices and trainees at least equal to the ratios established in accordance with Subparagraph 6. 3) The Contractor must employ all qualified applicants referred to him through normal channels (such as the Employment Service, the Joint Apprenticeship Committees and, where applicable, minority organizations and apprentice outreach programs who have been delegated this function) at least up to the number of such apprentices and trainees required by the applicable provision of Subparagraph 6. 6. Determination of ratios of Apprentices or Trainees to Journeymen. The Secretary of Labor has determined that the applicable ratios of apprentices and trainees to journeymen in any occupation shall be as follows: a. In any occupation the applicable ratio of*apprentices and trainees to journeymen shall be equal to the predominant ratio for the occupation in the area where the construction is to be undertaken, set forth in collective bargaining agreements or other employment agreements, and available through the Regional Manager for the Bureau of Apprenticeship and Training for the applicable area. b. For any occupation for which no such ratio is found the ratio of apprentices and trainees to journeymen shall be determined by the Contractor in accordance with the recommendations set forth in the standards of the National Joint Apprentice Committee for the occupation, which are filed with the United States Department of Labor's Bureau of Apprenticeship and Training. For any occupation for which no such recommendations are found, the ratio of apprentices and trainees to journeymen shall be at least one apprentice or trainee for every five journeymen. 7. Variations, Tolerances, and Exemptions. variations, tolerances, and exemptions from any requirement of this Part with respect to any Contract or Subcontract may be granted when such action is necessary and proper in the public interest, or to prevent injustice, or undue hardship. A request for a variation, tolerance, or exemption may be made in writing by any interested person to the Secretary, United States Department of Labor, Washington, D.C. 20210. 8. Enforcement. a. The FAA shall insure that the Contract clauses required by Subdivision 4 a. of this Paragraph are inserted in every Federal or Federally assisted construction contract subject thereto. For assistance programs for construction work air\7AAo210 H-3 9.11.91 OF for which it does not contract directly, the FAA shall promulgate regulations and procedures necessary to insure that contracts for the construction work subject to Subdivision 4 of this Paragraph D will contain the clauses required thereby. b. Enforcement activities, including the investigation of complaints of violations, to assure compliance with the requirements of this Part, shall be the primary duty of the FAA. The Department of Labor will coordinate its efforts with the FAA, as may be necessary to assure consistent enforcement of the requirements of this Part. Enforcement of these provisions shall be in accordance with 29 CFR 5.6. E. COMPLIANCE WITH COPELAND REGULATIONS. The Contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference (29 CFR 5.5(a)(5)). F. OVERTIME REQUIREMENTS. No Contractor or Subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek unless such laborer or mechanic received compensation at a rate not less than 1 1/2 times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek, as the case may be (29 CFR 5.5(c)(1)). G. VIOLATIONS; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. In the event of any violation of Paragraph F of this provision, the Contractor and any Subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed, with respect to each individual laborer or mechanic employed in violation of said Paragraph F of this provision, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by said Paragraph F of this Provision (29 CFR 5.5(c)(2)). H. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES, AND PRIORITY OF PAYMENT. The FAA may withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or Subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in Paragraph G of this Provision (29 CFR 5.5(c)(3)). 2. In the event of failure or refusal of the Contractor or any Subcontractor to comply with overtime pay requirements of the Contract Work Hours and Safety Standards Act, if the funds withheld by the FAA for the violations are not sufficient to pay fully both the unpaid wages due laborers and mechanics and the liquidated damages due the United States, the available funds shall be used first to compensate the laborers and mechanics for the wages to which they are entitled (or an equitable portion thereof when the funds are not adequate for this purpose); and the balance, if any, shall be used for the payment of liquidated damages (29 CFR 5.14(d)(2)). 1. WORKING CONDITIONS. No Contractor may require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1518;36 F.R. 7340) issued by the Secretary of Labor. J. SUBCONTRACTS. The Contractor will insert in each of his subcontracts the clauses contained in Paragraphs A through K of this provision, and also a clause requiring the Subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made (29 CFR 5.5(a)(6), 5.5(c)(4)). K. CONTRACT TERMINATION; DEBARMENT. A breach of Paragraphs A through J of this provision may be grounds for termination of the contract. A breach of Paragraphs A through E and I may also be grounds for debarment as provided in 29 CFR 5.6 of the regulations of the Secretary of Labor (29 CFR 5.5(a)(7)). END OF SCHEDULE air\7:4WG210 H-4 9.11.91 SCHEDULE I LABOR LAW AND NON-DISCR 41NATION REQUIREMENTS LABOR LAW REQUIREMENTS. The Consultant Subcontractor specifically agrees, as required by the Labor Law, Section 220, 220-4 and 220-e, as amended, that the execution of this Agreement binds him to the following specific agreements: A. No laborer, worker or mechanic in the employ of the Consultant Subcontractor, Subcontractor or other person doing or contracting to do the whole or part of the work included in this Agreement shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week in the performance of work included in this Agreement except in the emergencies set forth in the Labor Law; B. The wages (including supplements) paid for a legal day's work shall not be less than the prevailing rate of wages (including supplements) as defined by Law; C. The minimum hourly rate of wages (including supplements) to be paid shall not be less than that designated by the Industrial Commissioner; D. The minimum hourly supplements to be aid shall be in accordance with the prevailing practices in the locality where the Project is located and shall be not less than those designated by the Industrial Commissioner. Supplements as defined in Section 220 of the Labor Law, as amended, mean all remuneration for employment paid in any medium other than cash or reimbursement for expenses or any payments which are not wages within the meaning of the Law, including but not limited to health, welfare, non- occupational disability, retirement, vacation benefits, holiday pay and life insurance; E. The Labor Law provides that the Agreement may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than; The stipulated wage scale (including supplements) as provided in the Labor Law, Section 220, Subdivision 3, as amended, or 2. The stipulated minimum hourly scale (including supplements) as provided in the Labor Law, Section 220-4, as amended; F. The Consultant Subcontractor specifically agrees as required by the provisions of Labor Law, Section 220-e, as amended, that: In the hiring of employees for the performance of work under the Agreement of any Subcontract hereunder, no Consultant Subcontractor, Subcontractor or any person acting on behalf of such Consultant Subcontractor or Subcontractor shall, by reason of race, creed, sex, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. 2. No Consultant Subcontractor, Subcontractor or any person on his behalf, shall in any manner discriminate or intimidate any employee hired for the performance of work under the Agreement on account of race, creed, sex, color or national origin. 3. There may be deducted from the amount payable to the Consultant Subcontractor by the Consultant under the Agreement a penalty of five dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement. 4. The Agreement may be canceled or terminate i by the Consultant and all monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this Section of the Agreement. Additional Federal Labor Law provisions are contained in the attached Appendix. air\7:\AG210 9.11.91 t1 NON-DISCRIMINATION REQUIREMENTS. During the performance of this Contract, the Consultant Subcontractor agrees as follows: C A. The Consultant Subcontractor shall not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin, and shall take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Such action shall be taken with reference to, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. B. The Consultant Subcontractor shall send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice to be provided by the State Division of Human Rights, advising such labor union or representative, of the Consultant Subcontractor's Agreement under Clauses A. through G. (hereinafter called "non-discrimination clauses"). If the Consultant Subcontractor was directed to do so by the contracting agency as pact of the bid or negotiation of this Agreement, the Consultant Subcontractor shall request such labor union or representative to furnish it with a written statement that such labor union or representative shall not discriminate because of race, creed, sex, color, or national origin and that such labor union or representative shall atiirtnatively cooperate within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Agreement shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with a request that it furnish such a statement, the Consultant Subcontractor shall promptly notify the State Division of Human Rights of such failure or refusal. C. The Consultant Subcontractor shall post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights setting forth the substance of the provision of clauses (a) and (b) and such provisions of the State's laws against discrimination as the State Commissioner of Human Rights shall determine. D. The Consultant Subcontractor shall state, in all solicitations or advertisements for employees placed by or on behalf of the Consultant Subcontractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. E. The Consultant Subcontractor shall comply with the provision of Section 291-299 of the Executive Law and Civil Rights Law, shall furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these non-discrimination clauses and such sections of the Executive Law, and shall permit access to its books, records and accounts by the State Commissioner of Human Rights, the attorney General and Industrial Commissioner for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and the Civil Rights Law. F. This Agreement may be forthwith canceled, terminated or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the State Commissioner of Human Rights that the Consultant Subcontractor has not complied with these non-discrimination clauses, and the Consultant Subcontractor may be declared ineligible for future Agreements made by or on behalf of the State or a public authority or agency of the State, until he satisfies the State Commissioner of Human Rights that he has established and is carrying out a program in conformity with the provision of these non-discrimination clauses. Such findings shall he made by the State Commissioner of Human Rights after conciliation efforts by the State Division of Human Rights have failed to achieve compliance with these non-discrimination clauses and after a verified compliant has been filed with the State Division of Human Rights, notice thereof has been given to the Consultant Subcontractor, and an opportunity has been afforded him to be heard publicly before the State Commissioner of Human Rights or his designee. Such sanctions may be imposed and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by Law. END OF SCHEDULE "ir\7:uG210 I-2 9.11.91 1 SCHEDULE) "In accordance with Chapter 406 of the Laws of 1981, the Contractor hereby promises, asserts and represents that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating or shall participate in an international boycott in violation of the provisions of the United States Export Administration Act of 1969, as amended, or the United States Export Administration Act of 1979,or the effective Regulations of the United States Department of Commerce promulgated under either Act. "It is understood further that the Sponsor in awarding a contract does so in material reliance upon the promise and representation made by the Contractor in the foregoing paragraph and that such contract shall be rendered forfeit and void by the State Comptroller if subsequent to the bid execution date, the Contractor or such owned or affiliated person, firm, partnership or corporation has been convicted of a violation of the aforesaid Acts or Regulations or has been found upon final determination of the United States Commerce Department or any other appropriate agency of the United States to have violated such Acts or Regulations. "The Contractor agrees to and shall notify the Commissioner of Transportation and the Director of the Bureau of Contracts and State Expenditures in the Department of Audit and Control of any such conviction or final determination of violation within five days thereof." END OF SCHEDULE air%7:UG210 9.11.91 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS !MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 25, 1992 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Philip Brito, Manager New York Airports District Office U.S. Department of Transportation Federal Aviation Administration 181 S. Franklin Avenue, Room 305 Valley Stream, New York 11582 Dear Mr. Brito: Enclosed herewith is the original and three (3) executed copies of the Grant Offer for Elizabeth Field, Fishers Island, Engineering Design for Runway 7-25 Overlay. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) cc: Accounting & Finance Calocerinos S Spina, P.C. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 6, 1992: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a grant agreement between the U.S. Department of Transportation, Federal Aviation Administration and the Town of Southold for Engineering Design for Runway 7-25 Overlay, Elizabeth Field Airport, Fishers Island, in the amount of $45,900, all in accordance with the approval of the Town Attorney. Judith T. Terry Southold Town Clerk October 7, 1992 Ll �1 U.S. Department of Transportation Federai Aviation Administration SEP 14199? Mr. Scott L. Harris Supervisor, Town of Southold Town Hall 53095 Main Road Southold, New York 12953 Dear Mr. Harris: Elizabeth Field Airport AIP 3-36-0029-07-92 Grant Offer 181 A. 9wA&v An., Pk 505 VAV ,bGY m% iy 11582 In response to your request for Federal assistance for development at Elizabeth Field Airport, we are pleased to inform you that the Federal Aviation Administration (FAA), offers a Federal Grant allocating the amount of $45,900 (Federal Share) under the terms of the Airport and Airway Safety and Capacity Expansion Act of 1987 (AIP). Enclosed are an original and four (4) copies of a Grant Agreement for the subject project. The execution by this agency of Part I - Otfer indicates the intention of the United States to participate in the allowable costs of the project in an amount not to exceed the maximum obligation of the United States and subject to the terms and conditions set forth and described therein. If this offer is acceptable, you should execute Part II - Acceptance, pursuant to FAR Part 152.115, Change 9. Please return to this office the original and three (3) copies of the executed Grant Offer, with a copy of the Project Application attached, to each, all fully executed as duplicate originals (that is, with original signatures thereon) and certification by your attorney that the acceptance complies with applicable law and constitutes a legal and binding obligation. When the executed Grant Agreement has been determined to be legally sufficient, you will be notified accordingly. The obligations assumed under this Grant Agreement shall not be changed or modified except with the written consent of this Administration. Please notify Roseanne Coppola of this office at (718) 553- 1882 as soon as this Grant has been fully executed. This Grant Offer should be executed as soon as possible but no later than September 30, 1992 otherwise the Offer expires and the funds are lost. Sincerely, Philip B ito Manager Enclosures i US. Department of Transportation Federal Aviation Administration GRANT AGREIsMENT Part I - Offer Date of Offer September 15, 1992 Elizabeth Field Project No. 3-36-0029-07-9� Contract No. FA—EA 92170 TO: The Town of Southold, New York (herein called the "Sponsor") Airport/Planning Area FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 8/31/92for a grant of Federal funds for a project at or associated with the Elizabeth Field Airport/Planning Area which Project Application, as approved by the FAA, is hereby incorporated herein and made apart hereof; and . WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: Engineering Design for Runway 7-25 Overlay All as more particularly described on the property map attached as Exhibit "A" to the Project Application and in the Engineering Agreements for the work approved by the New York Airports District Office for Grant; #3-36- 0029-04-91, all of which are incorporated by reference and made a part thereof; all as more particularly described in the Project Application. FAA Form 5100-37 (10-89) Page 1 Supersedes FAA Form 5100-37 pages 1 thru 4 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment if the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90% of all such costs The Offer is made on and subject to the following terms and conditions: Conditions The maximum obligation of the United States payable under this offer shall be $ 45,900 Forthe purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: $ for planning —0— $ for airport development or noise program implementation. $45,900 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at anytime prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before 9/30/92 or such subsequent date as may be prescribed in writing by the FAA. 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. Forthe purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed bythe sponsorthat were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. it shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share orto any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or otherfinal positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. FAA Form 5100-37 (10-89) Page 2 Page 2.1 of 3 special conditions 1. It is understood and agreed by and between the parties hereto that the Sponsor shall complete this project to provide a safe and usable unit. 2. It is understood and agreed by and between the parties hereto that the typewritten description of airport development appearing in Item 11 of the Project Application is hereby deleted and the typewritten description of airport development appearing in the "Whereas" Clause on Page 1 of the Grant Offer is substituted in its place and stead. 3. It is understood and agreed by and between the parties hereto that Federal participation in the project costs will be limited to the costs of that work accomplished after the date of acceptance of the Grant Offer. 4. It is understood and agreed by and between the parties hereto that all references to the Airport Development Aid Program of the FAA in the Title VI of the Civil Rights Act of 1964 Assurances (7 pages) shall be replaced by the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Expansion Act of 1987. 5. The sponsor shall provide for an audit to be made in accordance with Office of Management and Budget Circular A- 128. 6. The Sponsor agrees to comply with the Part V Assurances (dated 3/91) attached to this Offer which replaces the Part V Assurances that accompanied the Project Application. 7. It is understood and agreed by and between the parties hereto that within 120 days from the date of acceptance of this Grant Offer, the Sponsor shall furnish final plans and specifications and Sponsor certification for project plans and specifications to the FAA, that no construction work will be commenced hereunder, and that no contract will be awarded for the accomplishment of such work until the said certification and final plans and specifications have been submitted to the FAA, and the parties do further agree that any reference made in this Grant Offer or in the aforesaid Application to plans and specifications shall be considered as having reference to said final plans and specifications as approved. 8. It is understood and agreed by and between the parties hereto that the Sponsor shall, within 30 days after accepting this Offer, submit an Engineering Agreement for the professional services necessary to accomplish this project. The procurement of such professional services shall be accomplished in accordance with 49 CFR Part 18. +� Page 2.2 of 3 j 9. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FED IATION ADM TION (Name) Philip Brifd Manager, New Yo k Airports District Office (Title) Part 11 - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this 22nd day of September , 1992 (SEAL) Atte rJ�� Judith T. Terry Title: Southold Town Clerk Town of Southold (Name of Sponsor) By ja�� (Sponsor's Designated Official Representative) Scott Louis Harris Title Supervisor CERTIFICATE OF SPONSOR'S ATTORNEY I, Matthew G. Kiernan , acting as Attorney for the Sponsor do hereby certify: That in my oppon the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of New York . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated atSouthold, N.Y. this 22nd day of Sept • 1992 of S'ponsor's Attorney FAA Form 5100-37 (10-89) Page 3 M +'. APPLICATION FOR OMB Approval No. 0348-0043 Previous Editions Nt f;rk--sia^dFat y: 424 (REV 4-88) bro: r,v ',j7iB Circular A-102 Authorized for Local Reproduction 2 DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 08/19/92 211 I. UME Mk 3. DATE RECEIVED BY STATE State Applicant Identifier (XJ Construction Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Non -Construction Non -Construction & APPLICANT INFORMATION Legal Nanw: Organizational Unit, Town of Southold Fishers Island Ferry District Address (give ay, —1y, etab, -dap Soda) Name and telephone number of the person to be contacted on matters involving Suffolk County this application (gAr arae coda) Town Hall, 53095 Main Road P.O. Box 1179 R. Philip Knauff Southold, New York 11971 (516) 788-7463 a. EMPLOYER IDENTIFICATION NUMBER (EYiit 7. TYPE OF APPLICANT: (arrar aoproprA W Jana M bout 0 3 3 0 7 A. State H. Independent School Dist S. County 1. State Controlled Institution of Higher Learning C. Municipal J. Private University S. TYPE OF APPLICATIOW D. Township K Indian Tribe © New EI Continuation Revision E. Interstate L. Individual F. Intermunicipal M. Profit Organization If Revision, enter appropriate letter(s) in box(es)CI ❑ G. Special District N. Other (Specify) A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration Other (Specify): e. NAME OF FEDERAL AGENCY: Federal Aviation Administration New York Airports District Office 10. CATALOG OF FEDERAL DOMESTIC/ /. DESCRO'TIVE TITLE OF APPLICANTS PROJECT: UM ASSISTANCE NBER 2 0 O 1 0 6 TITLE Airport Improvement Program (AIP) RUNWAY 7-25 OVERLAY (Design) 12. AREAS AFFECTED BY PROJECT (olds, ocundas, ea ae, ark Fishers Island 13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 2nd 2nd I& ESTIMATED FUND940: 1s. IS APPLICATION SUBJECT TO RENEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. YES THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE a Federal $ .00 45,900 STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON SAI #42127-3113/92 b Applicant $ 1,275 .00 DATE b. NO r] PROGRAM IS NOT COVERED BY E.O. 12372 c state f; 3,825 '00 d Local i .00 n OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e Other S .00 I Program Income S .00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? F� Yes If 'Yes,' attach an explanation. ® No g TOTAL $ .00 51,000 18 TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a Typed Name of Authorized Representative b Tide c Telephone number Stott L. Harris Town Supervisor (516) 765-1800 d Signature of Authorized presentative a Date Signed 199 AUG 31 Previous Editions Nt f;rk--sia^dFat y: 424 (REV 4-88) bro: r,v ',j7iB Circular A-102 Authorized for Local Reproduction DAATMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Name of Governing Body Priority Rating Name of Agency or Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse (Attach Comments) review in accordance with OMB Circular A-95? X Yes No Item 4. Does this assistance request require State, local regional or other planning approval? Yes X No Name of Approving Agency Date OMB NO.43-ROUS Item 5. Is the proposed project covered by an approved Check one: State [ ] Long Island comprehensive pian? Local [X] Regional Planning Regional [ ] Board X Yes No Location of plan Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Yes__X _No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land Name of Federal installation or installation? Location of Federal Land Yes X No Percent of Project Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. Yes X No Item 9. Number of Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses Yes X No Farms Item 10. Is there other related Federal assistance on this See instruction for additional information to be project previous, pending, or anticipated? provided. Yes X No FAA Form 3100-100 (6-73) Supersedes FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 PART II -SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. -The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Elizabeth Field is surrounded on three sides by water, thus runway clear zone areas are over water. The community adjacent to the airport property is a residential vacation area with limited commercial activity. 2. Defaults. -The Sponsor is not in default on any obligation to the United States or any agency of the United States Goverrment relative to the development, operation, or maintenance of any airport, except as stated herewith: NONE 3. Possible Disabilities. -There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: 4. Land. -(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": PARCEL NO. 1 - Fee Simple Title *State character of property interest in each area and List and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. Page 3a 211/1/1/91 DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. 04-RO209 PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": NONE (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": NONE 5. Exclusive Rights. -There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: NONE *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) 211/1/1/91 Page 3b OMB Approved No. 0348-0041 BUDGET INFORMATION --Construction Programs NOTE.* Certain Federal assistance programs require additional computations to arrive at the Federal share o/nroiect costa eligible for narticinatino_ Hench is the cage mw will ha notiBad azanaara Form 424c; (4-88) Prescribed by OMB Circular A-102 Authorized for Local Reproduction COST CLASSIFICATION a. Total Cost b. Costs Not Allowable for Participation c. Total Allowable Costs (Column a -b) 1. Administrative and legal expenses $ $2,018 .00 $ .00 $ $2,018 .00 2. Land, structures, rights-of-way, appraisals, etc. $ .00 $ .00 $ .00 3. Relocation expenses and payments $ .00 $ .00 $ .00 4. Architectural and engineering fees $ $48,982 .00 S .00 $ $48,982 .00 5. Other architectural and engineering fees $ .00 $ .00 $ .00 0. Project inspection fees $ $ .00 .00 $ .00 $ .00 $ $ .00 .00 7. Site work 8. Demolition and removal $ .00 $ .00 $ .00 9. Construction $ .00 $ .00 $ .00 10. Equipment $ .00 $ .00 $ .00 11. Miscellaneous AUDIT $ .00 $ .00 $ .00 12. SUBTOTAL $ $51,000 .00 $ .00 $ $51,000 .00 13. Contingencies (sum of lines 1-11) $ .00 $ .00 $ .00 14. SUBTOTAL $ $51,000 .00 $ .00 $ $51,000 .00 15. Project (program) income $ .00 $ .00 $ .00 18. TOTAL PROJECT COSTS (subtract #15 from k14) $ $51,000 .00 $ .00 $ $51,000 .00 FEDERAL FUNDING 17. Federal assistance requested, calculate as follows: Enter eligible costs from line 18c Multiply x 90% (Consult Federal agency for Federal percentage share). RUNWAY 7-25 OVERLAY (Design) Enter the resulting Federal share 09/18/82 211 $ $45,90 o0 azanaara Form 424c; (4-88) Prescribed by OMB Circular A-102 Authorized for Local Reproduction DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO. 80—RO184 ' PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 1. Federal Domestic Assistance Catalog No .................. 20.106 2. Functional or Other Breakout ........................... SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (—) 1. Administration expense $ $ $ $2,018 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees $48,982 5. Other architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous AUDIT 14. Total (Lines 1 through 13) $51,000 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) $51,000 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) $51,000 20. Federal ihare requested of Line 19 $45,900 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) $45,900 23. Grantee share $1,275 24. Other shares $3,825 25. Total project (Lines 22, 23 & 24) CAA C...... Ginn $ $ $ $51,000 • ........ v.vv-.vv %v -r-1 G QQwr-o rMN rwrim oiOu - i V rAGES 1 1 HRR / Page 4 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION 01413 N0.80-rdO184 -• • �•••• •�� ,a.�� w.-�...�cuco ra, rv.,w. aivo-w rnuts i , nnu i Page 5 FAA AC 75-0232 SECTION C — EXCLUSIONS 26 Classification Ineligible for Participation (t) Excluded from Contingency Provision (Z) a. $ $ b. C. d. e. f. 9• Totals Is $ SECTION D — PROPOSED METHOD OF FINANCING NON—FEDERAL SHARE 27 Grantee Share a. Securities b. Mortgages c. Appropriation (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 2.50% $1,275 28. Other Shares a. State 7.50% $3,525 b. Other C. Total Other Shares 29. TOTAL $5,100 SECTION E — REMARKS PART IV PROGRAM NARRATIVE (Attach—See Instructions) -• • �•••• •�� ,a.�� w.-�...�cuco ra, rv.,w. aivo-w rnuts i , nnu i Page 5 FAA AC 75-0232 OMB Approved No. 0348-0042 ASSURANCES — CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the dull authorized representative of the applicant I certify that the applicant: Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in the application. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instruction from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifica- tions and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728- 4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.R.F. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S. C. § § 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statues relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686) which prohibits discrimination on the basis of sex (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended, relating to non-discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 d1-3 and 290 ee-3), as amended, relating to confidentiality to alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other non- discrimination provisions in the specific statute(s) under which application for Federal assistance is being made, and 0) the requirements on any other non-discrimination Statute(s) which may apply to the application. Standard Form 424D (4-88) 11. Will comply, or has already compiled, with the requirements of Titles H and III of the Uniform Relocation Assistance and Real property Acquisitions Policies Act of 1970 (P.L. 9146) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S. C. § 874), the Contract Work Hours and Safety Standards Act (40 U.S. §§ 327-333) regarding labor standards for federally assisted construction subagreements. 14. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard ares to participate in the program and to purchase flood insurance is the total cost of insurance construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood ha7wds in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S. C. § § 1451 et. seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.) 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 19. Will comply with all applicable requirements of all other Federal laws, Executive Orders, regulations and policies governing this program. SIGNATURE OF AUrWRIZED CERTUrYING OFFICIAL TITLE j' Town Supervisor APPLICANT ORGAN ION DATE SUBMITTED Town of Southold 08/19/92 Fishers Island Ferry District SF 424D (4-88) Back 3/1/91 CHECKLIST FOR ENVIRONMENTAL IMPACTS AIRPORT IMPROVEMENT PROGRAM AIRPORT: Fisher Island Airport PROJECT DESCRIPTION: Runway 7-25 Overlay (Design) V-19 In order for the FAA to determine the appropriate course of action, it is necessary that the proposed action is not likely to: a. Have an effect that is not minimal on properties protected under Section 106 of the Historic Preservation Act of 1966, as amended, or Section 4(f); b. Be controversial on environmental grounds. A proposed Federal action is considered highly controversial when the action is opposed by a Federal, state or local government agency or by a substantial number of persons affected by such action on environmental grounds; C. Have a significant impact on natural, ecological, cultural, or scenic resources of national, state, or local significance, including endangered species, wetlands, floodplains, coastal zones, prime or unique farmland, energy supply and natural resources, or resources protected by the Fish and Wildlife Coordination Act; d. Be highly controversial with respect to the availability of adequate relocation housing. In an action involving relocation of persons or businesses, a controversy over the amount of the acquisition or relocation payments is not considered to be controversy with respect to the availability of adequate relocation housing. G. Cause substantial division or disruption of an established community, or disrupt orderly, planned development, or is likely to be not reasonably consistent with plans or goals that have been adopted by the community in which the project is located; f. Cause a significant increase in surface traffic congestion; g. Have a signification impact on noise levels of noise sensitive areas; h. Have a significant impact on water quality or contaminate a public water supply system; 3/1/91 V-20 i. Have a significant impact on air quality or violate the local, state or Federal standards of air quality; j. Be consistent with a Federal, state, or local law or administrative determination relating to the environment. A U 2 G " : 199 cott Har is Date Town Supervisor Town of Southold STATE CLEARINGHOUSE NYS Division of the Budget State Capitol, Albany, NY 12224 0;1 AI a74.1 Ff1r SAI# 42127 -Airport Improvements - R/W 12-30 rehab. R/W 7-25 Rehab., apron & access taxiway Elizabeth Field Airport, Southold, Suffolk County C1 71 Sheila M. Farley Calocerinos & Spina 1020 Seventh North Street Liverpool, NY 13088 Dear Applicant: v The State Clearinghouse has submitted a summary of your proposed federal funding application, identified above, to the State & local review agencies participating in the New York Intergovernmental Review Process. No review agency has objected to, or commented on, your proposed project as described. The review, therefore, is complete; and you may submit this clearance letter to the federal grantor agency as evidence that you have complied with the procedures set up under Presidential Executive Order 12372. If a substantial change is made in the nature or magnitude of the project, kindly submit a revised project notification to us and the the appropriate areawide clearinghouse. L01ILT Island RoUlonal Planning .Board PROJECT NOTIFICATION AND REVIEW SYSTEM APPLIC A.NT:—:pawn OCL sugha .d ADDRESS: TtW. tj8J:J:, g34)95 %��...;.A, r _ n_ ra: 1179. Southold. '.7.Y. 11971 RESPONSIBLE OFFICER: CONTACT PERSON: r. .,L 11� ff PROJECT TITLE: f-dreor- 'rear M>c x'11-yshorh rt shar"a Islend FED. CAT. No.: 20. t56 LIRPB No.: SC=AB DATE NOI REC'D: i x rr, OF APPL1CAIiON: L__L New U Continuation u Other TO THE APPLICANT: Your application has been sent to the following agencies and elected officials; George Gatta, Jr., Deputy Cty. Exec. Hon. Bill Jones, S.C.Legislator Roberta 0. Hunter, S.C.Human Rights Tom Junor Commissioner Joseph Hurley, SCDPW Nnn_ Mirhapl Caracciolo, S.C.Legislator Comments: Those comments received are attached hereto. RECEIVED MAR 10 1992 Annlicant a C`_FaRED tc. rr;:c�L . ith zhe application process. Southold TnWn t :leek Applicant is NOT CLEARED to proceed with the application process. y Susan D. Windeshelm. CleanrtghoaseAdrntrtutt,razor J y. Pursuant to Executive Order 12312, this letter must be included as part of your final application as evidence that the Areawide Clearinghouse review of your project has been completed. This does not remove your obligation to comply with anv other federal or gate laws regarding the project. Thank you for your cooperation. A95 -D H. Lee Dennison Executive Office Building Lee E. Koppelm=n Veterans Memorial Highway, Hauppauge N.Y. 11788 Susan D. Windesheirn Executive Director (516) 853-5189 Usaringhouse Admirnstrwor L01ILTIsland .�cgional Planning Board PROJECT NOTIFICATION AND REVIEW SYSTEM APPLICANT: Toon- of 1ZrQ3ytbe%1+A ADDRESS: =era ;4all, 53095 2-4" Pond, 2 .Q L= 1179, c.,..th^71,41y 4_ t t Q71 RESPONSIBLE OFFICER: CONTACT PERSON: PROJECT TITLE: r'i cr - -- Mt T -i z.b .-r, rj.T m rt�16191—4 c+ i FED. C AT..No.:LIRPB No.: se 06 DATE NOI REC'D:2W02 TYPE OF APPLICATION: "New ❑ Continuation [7 Other TO: Lou Please review the attached application and provide your comments on this form. Keep the application for your files and return to LIRPB not later than March 1. 1992 i If you have any questions please call this office (516)853--4099. You may refer this notification to any other interested parties in your area. I. Do you foresee a conflict between this proposal and any of your Agency's projects or programs? (please explain) 2. Do you have any suggestions which will improve the effectiveness or maximize the benefit of this proposal? 1 please explain i 3. Do you have some other concerns requiring additional communication about this project', please explain) - 4. Is a conference required to resolve your concernt s)? 5. What are your official comments on this project? Pease check appropriate box. 6aiThis agency has no objection to the project. F7 This agency requests that the LIRPB support this project. F7 This agency re guests that the LIRPB not support this project. AGE N. TCYO.FFICIAL �L-1FJNG',kBOVE COi'vEN1ENTS: AGENCY NA.%IE: ` .t X4;,,1 t Signature Title Date X95 -B SutTotki H. Lee Dennison Executive Office Building Lee E. Koppelman Veterans Memorial 4ighway, Hauppauge N.Y. 11788 Susan D. Windesheim Executive Director (516) 853-5189 Cleoringnouse Administrator l CItir J song Island .R.cFlona�vPlannlnu Boars —.::3 s V PROJECT t4gAFiCATiON AND REVIEW SYSTEM APPLICA_tiT: Tommi of Srautholf, ADDRESS: 53Q95:J,J-n I'osd�2 n Box 1379, so,,#-beiml ?S _4_ 11471 RESPONSIBLE OFFICER: CONTACT PERSON: PROJECT TITLE: fpr 9!+zabeeh F!keld,--Fisher's island - i FED. CAT. No.: 20. 19 6 LIRPB No.:_sE 96 DATE NOI RECD: i TYPE OF APPLICATION: 7i New U Continuation Other 1,7 T0: ATE — Please review he attached application ' d provide our corn errtt on`'th s'form. Keep the application for your Files and return to LIRPB not later than March 1, 1992 If you have any questions please call this office (516) 853-4099. You may refer this notification to any other interested parties in your area. 1. Do you foresee a conflict between this proposal and anv of your Agency's projects or programs? (please it explain) 2. Do you have any suggestions which will improve the effectiveness or maximize the benefit of this proposal' please explain) I .i 3. Do you have some other concerns requiring additional communication about this project? ( please explain)- 4. xplain)s 4. Is a conference required to resolve your concernt s0 5. What are your official comments ,n this project.' 'lease check appropriare box. L7 This agency has no objection to the project. Q This agency requests that the LIRPB support this project. F7 This agency requests that the LIRPB not support this project. kGENCYOFFICI. L.%AKINGABOVECO'vI:NIENTS Sign A95 -B Suffolk) AGE'N'CY NAME:�� Ti Date H. Lee Dennison Executive Office Building Lee E. Koppelman Veterans Memorial Highway, Hauppauge N.Y. 1178 Susan D. Windesheim Executive Director (516) 853-5189 Cleonngnouse Administrator a I oz7� sl�z7ci .�cgloilal �laililin� �o�rci PROJECT NOTIFICATION AND REVIEW SYSTEM APPLICAtiT: Toru of Soathald.. ADDRESS: Tei ::e11�53095 stairs 202d, D n Ba- 1129. cn.,thalA . M7_4_ 13071 RESPONSIBLE OFFICER: CONTACT PERSON: PROJECT TITLE: rporeoventenea,ram F!Izabeeh !slang — FED. CAT. No.: LIRPB No.: Se DATE NOI REC'1):_21&�= TYPE OF APPLICATION: "ew 71 Continuation 7 Other II uc TO: L' r_ Gni. C` tiGc��. C� £, (% ��q�-'✓ DATE Please review the attached application and provide your c6mmto�form. Keep the application for your Files and return to LIRPB not later than March 1. 1992/ If you have any questions please call this office (516) 853-4099. You may refer this notification to any other interested parties in vour area. 1. Do you forese�lj a conflict between this proposal and any of vour Agency's projects or programs? (please explain) i t 2. Do you have any suggestions which will improve the effectiveness or maximize the benefit of this proposal' please explain),Inh-e. 3. Do you have some other concerns requiring additional communication about this project:' (please explain)- 4. xplain)s 4. Is a conference required to resolve your concerns s )? S. What are your official comments on this project.' Please cheer appropriate bor. `9� This agency Ras no objection to the project. 17 This agency requests that the LIRPB support this project. F7 This agency requests that the LIRPB not support this project. NCYOFFICIA.L. `L -UC GABOVE CO�I.%IENTS: AGENCYNA.NTE: Signature Title -\9.-B Suffaiki H. Lee Dennison Executive Office Building l -e E. Koppelman Veterans Memonal Highway, Hauppauge N.Y. 11788 Susan D. Windesheir- Execurive Director (516) 853-5189 Clearinghouse Administ•otor Y - FtiE I oz7� sl�z7ci .�cgloilal �laililin� �o�rci PROJECT NOTIFICATION AND REVIEW SYSTEM APPLICAtiT: Toru of Soathald.. ADDRESS: Tei ::e11�53095 stairs 202d, D n Ba- 1129. cn.,thalA . M7_4_ 13071 RESPONSIBLE OFFICER: CONTACT PERSON: PROJECT TITLE: rporeoventenea,ram F!Izabeeh !slang — FED. CAT. No.: LIRPB No.: Se DATE NOI REC'1):_21&�= TYPE OF APPLICATION: "ew 71 Continuation 7 Other II uc TO: L' r_ Gni. C` tiGc��. C� £, (% ��q�-'✓ DATE Please review the attached application and provide your c6mmto�form. Keep the application for your Files and return to LIRPB not later than March 1. 1992/ If you have any questions please call this office (516) 853-4099. You may refer this notification to any other interested parties in vour area. 1. Do you forese�lj a conflict between this proposal and any of vour Agency's projects or programs? (please explain) i t 2. Do you have any suggestions which will improve the effectiveness or maximize the benefit of this proposal' please explain),Inh-e. 3. Do you have some other concerns requiring additional communication about this project:' (please explain)- 4. xplain)s 4. Is a conference required to resolve your concerns s )? S. What are your official comments on this project.' Please cheer appropriate bor. `9� This agency Ras no objection to the project. 17 This agency requests that the LIRPB support this project. F7 This agency requests that the LIRPB not support this project. NCYOFFICIA.L. `L -UC GABOVE CO�I.%IENTS: AGENCYNA.NTE: Signature Title -\9.-B Suffaiki H. Lee Dennison Executive Office Building l -e E. Koppelman Veterans Memonal Highway, Hauppauge N.Y. 11788 Susan D. Windesheir- Execurive Director (516) 853-5189 Clearinghouse Administ•otor Lo i _: _s ai1� �c�ioil�l �lsnzlin_T Bo�r� 7� PROJECT. _N-MCATION AND REVIEW SYSTEM I APPLICANT: Town of Cauthald ADDRESS: g ;4�1,-5349.9 2-4-- Road, P 0 Box 1179, SoutbOld RESPONSIBLE OFFICER: CONTACT PERSON: PROJECT TTTLE:_ F., ,.r,yertefft n, , T5rel, =28beeb Field Fleher's island FED. CAT. No.: LIRPB No.: Se 96 DATE NOI REC'D:_____,iJZ T'"PE OF APPLICATION: �ew Continuation Other L ` / �'' DATE Ovide vour comments on this form. Keep the application for your j Please review theattacZed application and Files and return to LIRPB not later than March 1, 1992 If you have any questions please call this office (516) 853-4099. You may refer this notification to any other interested parties in your area. 1. Do you foresee a conflict between this proposal and any of your Agency's projects or programs? (please explain) No I 2. Do you have any suggestions which will improve the effectiveness or maximize the benefit of this proposal.' (pieaseexpiain) No 3. Do you have some other concerns requiring additional communication about this project? (please explain)— No 4. Is a conference required to resolve your concern s t'. No .3. «Vhat are vour official comments on this project? Pease check approprtare box. fQThis agency has no objection to the project. This agency requests that the LIRPB support this project. F7 This agency requests that the LIRPB not support this project. -kGENCY0FFICIAL.N AKING Si -k95-B iSuffoikj CONTNIENTS Suffolk Co. Dept. of AGENCYNANIE: Public Works Commissioner Title H. Lee Dennison Executive Office Budding Lee E. Koppeiman Veterans Memorial Highway, Hauppauge N.Y. 11788 Executive Director (516) 853-5189 2/18/92 Date Susan D. Windesheim Clernngnouse Administrator 3/1/91 STANDARD DOT TITLE VI ASSURANCES V-31 Town of Southold (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. - 1 - 3/1/91 V-32 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED: August 19, 1992 -2- Scott L. Harris Town Supervisor Town of Southold 3/1/91 V-33 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itsel& its assignees and successors in interest (hereinafter referred to as the -contra wel) agrees as follows: L Compliance with Regulations. The contractor shall comply with the Regulations relative to nondis- crimination m federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulation, Part 21. n they may be amended from time to time (hereinafter referred to as the Reguladon), which we herein incorporated by reference and made a pat of this contract. 2 Nnsdiscrinsimodes. The contractor. with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of sub- contractors, including procurements of materials and lessees of equipment The contractor shall not partici- pate either directly or indirectly in the discrlmivation prohibited by section 21.5 of the Regulations, includ- ing employment practices whim the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Selmonttacts, Iadoding Procurements of Materials and Equipment In all solicita- tions either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regu- lations relative to nondiummination on the grounds of race, color, or national origin. 4. Informed= ad Rapo % The contractor shall provide all information and reports required by the Regulation or dhvc d m issaad pursuant thereto and shall permit access to its books, records. accounts, other sources of udbrmWoo6 and its focalities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertioeat to ascertain compliancx with such Regulations, orders, and instruc- tions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to fiu=h this informatim the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth who efforts it has made to obtain the information. 5. Sanctions for Noneompiiaoce. In the event of the contractor's noncompliance with the nondiscrim- ination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including. but not limited to: and/or a. Withholding of payments to the contractor under the contract until the contractor complies, 5. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through S in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contrac- tor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addi- tion, the contractor may request the United States to enter into such litigation to protect the interests of the United States. -3- 3/1/91 V-34 CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENT'S ATTACHMENT 2 The following clauses shall be included in deeds, license% leases. permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, lessee, permite e, etc., as appropriate) for himself, his heirs, personal repre- sentatives, successors in interest„ and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of dead and leases add "as a covenant mining with the land") that in the event facilities are constructed, maintained or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provak a of similar services or benefits, the (graatee. licensee, lessee, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Fart 21, is Federally Assisted Propsms of the Deparoment of Transportation, and as said Regulations may be awed. 2. The (grantee, licemee, lessee, permitee. etc., as appropriate) for himself; his personal representa- tives. successors in interest, and asigos, as a part of the coaside ackm hereof; does hereby covenant and agree (m the case of deeds and leases add "as a covenant rtm mag with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any im- provements on, over, or under such land and the furnishing of services thereon, no person on the grounds of rac color, or national origin shall be cwluded from participation in. denied the benefits of, or otherwise be subjected to di'mioation. (3) that the (grantee; licenseelessee, peamitm etc.) shall use the premises in compliance with, all other requit+smsms imposed by or paesasa< to 49 CFR Part Z1, in Federally Assisted Progrrms of the Departmmt of Transportation. and as said Regulaucas may be amended -4- ASSURANCES Airport Sponsors A. General V-35 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants to airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, or the Aviation Safety and Noise Abatement Act, at 1979. As used herein the term 'public agency sponsors means a public agency with control of a public -use airport; the term "private sponsor* means a private owner of a public -use airport; and the term 'sponsor' includes public.agency sponsors and private sponsors. 3. Upon acceptance at the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. H. Duration and Applicability 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The tern, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program prcijrct, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance. ' 2. Airport Development or Noise Compatibility Program Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful lite of facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than 10 years iron the date of the acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, S, 6, 13, 18, 30, 32, 33, 34, and 36 in Section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 3/1/91 V-36 1. General Federal Requirements. It will comply with all applicable Federal lave, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project including but, not limited to the following: Federal Legislation a. Federal Aviation Act of 1938 - 49 U.S.C. 1301, et seq. b. Davis -Bacon Act - 46 U.S.C. 276(a), et seq. 1/ c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. 1501, at seq. 2/ e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 42 U.S. C. 4601, at seq. 1/ 2/ f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.- 470(f). I/ g. Archeological, and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. 1/ h. Flood Disaster Protection Act of 1977 - Section 102(a) - 42 U.S. C. 4012a. 1/ i. Rehabilitation Act of 1973 - 29 U.S.C. 794. J. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 20004 through d-4 k. Aviation Safety and Boise Abatement Act of 1979, 49 U.S.C. 2101, at seq. 1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, at seq. a. Arcb3 tectural Barriers Act of 1968 - 42 U.S.C. 4151, et seq. 1/ n. Airport and Airvay Improvement Act of 1982, as amended 49 U.S.C. 2201, et seq. o. Poverplant and Industrial Fuel Use Act of 1978 --Section 403 - 2 U. S. C. 8373. 1 / p. Contract Mork Hours and Safety Standards Act - 40 U.S.C. 327, et seq. 1/ q. Copeland Anti,kickback Act - 18 U.S.C. 874. 1/ r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. 1/ s. -Endangered Species Act - 16 U.S.C. 668(a), et seq. 11 t. Single Audit Act of 1984 - 31 U.S.C. 7561, et seq. 2/ u. Drug-Free'Norkplace Act of 1988 - 41 U.S.C. 762 through 706. Executive Orders Executive Order 12=2 - Intergovernmental. Reviev of Federal Programs Executive Order 11246 - Equal Employment Opportunity l/ Federal Regulations a. 49 CFR Part 2.8 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3/ b. 49 CFR Part 21 - Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. V-37 c. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department at Transportation Programs. d. 49 CFR Part 24 - Unifort Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally Assisted Programs. 1/ 2/ e. 49 CFR Part 27 - tion -Discrimination an the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. 11 f. 49 CFR Part 29 - Debarments, Suspensions, and Voluntary Exclusions. g. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. h. 29 CFR Part I - Procedures far Predetermination of Wage Rates. i/ i. 29,CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Part by Loans or Grants from U.S. i/ J. 29 CFR Part 3 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction. 1/ k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted Contracting Requirements). 1/ 1. 14 CFR Part 130 - Airport Noise Compatibility Planning. Office of Management and Budget Circulars a. A-67 - Cost Principles Applicable to Grants and Contracts vith State and Local Governments. 3/ b. A-128 - Audits of State and Local Governments. 2/ 1/ These lava do not apply to airport planning sponsors. 2/ These lava do not apply to private sponsors. 3/ 49 CFR Part 18 and CMB Circular A-87 contain requirements for State and local governments receiving Federal assistance. Any requirement levied upon State and local governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under the Airport and Airvay Improvement Act of 1982, as amended. Specific assurances required to be included in grant agreements by any of the above lave, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and armurances contained therein, and directing and authorizing the person identified as the official representative -at the applicant to act in connection with the application and to provide such additional information as may be required. 3/1/91 V-38 b. Private Sponsor. It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all the terms, conditions, and assurances at -this grant. agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with the application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Saecretary that good title will be acquired. b. For noise compatibility. program projects to be carried out an the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the- property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 3. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and asmurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee, all of the terms, conditions and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit at local government or are on property owned by a unit of local. government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement 3/1/91 V-39 shall obligate that government to the same terms, conditions, and ,assurances that would be applicable to it it it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non- compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-campliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public - use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the Airport and Airvay Improvement Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with Plans (existing at -the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. For noise compatibility program projects, other than land acquisition, to be carried out on property not owned by the airport and over which property another public agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agency's plans regarding the property. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under the Airport and Airvay Improvement Act of 1982, it has undertaken reasonable consultations with affected parties using the airport at which the project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose at considering the economic, social, and environmental @fleets of the airport or runway location and its consistency with. goals and objectives of such planning as has been carried out by the community. It shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. 3/ 1/91 V-40 1, 10. Air and water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any cane where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport Located astride a line separating two counties within a single state, it has received approval tar tae project from the governing body of all villages incorporated under the lava of that state which are located entirely within five miles of the nearest boundary of the airport. 12. Terminal Development Prerequisites. For projects which include terminal development at a public airport, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 612 at the Federal Aviation Act of 1998 and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area at such airpart to passengers enplaning or deplaning Iron aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Recardkeeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient at the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion at the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Nct of 1984. b. It shall make available to the Secretary and the Comptroller Geneaal o.' the United States, or any of their duly authorized representatives, for the purpose of audit and, examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is sad* of the accounts of a sponsor relating to the disposition at the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such -TZdit with the Comptroller General of the United States not later than 6 months following the close of the fiscal year for which the audit was made. 14. Kinimum wage Rates. It shall include, in all contracts in excess of 52,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates at wages, to be predetermined by the 3/1/91 V-41 Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a --276a-5), vhich contractors shall pay to skilled and unskilled labor, and such aWaus rates shall b4i stated in the invitation for bids and shall be included in proposals or bids for the vork. 13. Veteran's Preference. It shall include, in all contracts for work on any projects funded under the grant agreement vhich involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 513(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement at site preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and Incorporation into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the constructiod site throughout the project to assure that the work conforms with the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors at such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. 3/1/91 V-42 *' e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. . f. It will grant the Secretary the right to disapprove the Sponsor's employment of specific consultants and their subcontractors to do all or. any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part at the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. operation and Maintenance. a. It will suitably operate and maintain the airport and all facilities thereon or connected therevith, with due regard -to climatic and flood conditions. Any proposal to temporarily close the airport for nonaeronautical purposes aunt first be approved by the Secretary. The airport and all facilities which are necssaary to serve the aeronautical users of the airport, other than facilities owned or controlled by the united States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as say be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or, action thereon which would interfere with its use for airport purposes. In furtherance of this assurance, the sponsor will have in effect at all times arrangements for -- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marring and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. .,, ,, .._.�..., ..�_............._..vr....wr.iww.rrr..wwrrrr�t�rrrwr..r..tr r...:w wrr.ar•. a•.uru......... .......... ..www..•..................saww... .ww.w.r�.awaedw..�ecuw•. ,... 3/1/91 V-43 b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and )litigation. It will take appropriate action to assure that such terminal airspace as is required to -protect instrument and visual operations to the airport (including established minimus flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible (.and Use. It will take appropriate action, including the adoption of zoning lave, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, it the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce the compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Rondiscrimination. a. It vill make its airport available as an "art for public use or. fair and reasonable terms and without unjust discrimination, to all types, kinds, and classes of aeronautical uses. b. In any agreement, contract, lease or other arrangement under which a right or privilege at the airport.is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to -- (1) furnish said services on a fair, equal, and not unjustly discriminatory basis to all'users thereof, and (2) charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided, that the contractor Any be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates, tees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses g such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such 3/1/91 V-44 nondiscriminatory and substantially comparable rules;, regulations, conditions, rates, fees, rentals, and other charges vith respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers vhich sake similar use of such airport. and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory, carriers. Classification or status as tenant or signatory shall not be unreasonably vithheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classifications or status. f. It vill not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its ovn aircraft vith its ovn employees (including, but not limited to maintenance, repair, and fueling) that it may choose to pert arm. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved vill be provided an the same conditions as vould apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. h. The sponsor, may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It rill permit no exclusive right for the use of the airport by any personas providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single flied -based operator shall not be construed as an exclusive right if both of the folloving apply: a. It vould be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If alloving more than one fixed -based operator to provide such services vould require the reduction 'of space le+sised pursuant to an -existing agreement betveen such single fixed -based operator and such airport. It further agrees that it rill not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right at the airport, or at any other airport nov ovned or controlled by it, to conduct any aeronautical activities, including;, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products vhether or not conducted in conjunction vith other aeronautical activity, repair and maintenance of aircraft, sale of ..... y.,.... .. ............. .... w.. .... .. .. .ww..4w 4.(..........ww.. ... w..4 .r'1:w....w.. .N4..w wN1.l: •.wIN:�•.ww..a m.,,. ,., .. 3/1/91 V-45 aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity no• existing at such an airport before the .grant at any assistance under the Airport and Airway Improvement Act of 1982- 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23, for the facilities and services being provided the airport users which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such tactors as the volume at traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under the Airport and Airvay Improvement Act of 1982, the Federal Airport Act or the Airport Airway Development Act at 1976 shall be included in the rate base in establishing fees, rates, and charges for users at that airport. 2S. Airport Revenue. If the airport is under the control of a public agency, all revenues generated by the airport and any local taxes on aviation fuel established atter December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are awned or operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or oft the airport. Provided, however, that it covenants or assurances in debt obligations before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to suppurt not only the airport but also the airport owner or operator's general debt obligations or other facilities, than this limitation on the use of all revenues generated by the airport (and, in the case at a public airport, local taxes on aviation fuel) shall not apply. 26. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. For airport development projects, it will also make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent at -the Secretary upon reasonable request. For noise compatibility program projects, it will also make records and documents relating to the projects and continued compliance with the terms, conditions, and assurances at the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. 27. Use of Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takoalf of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, it 3/1/91 the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist vhen operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that -- a. Five (3) or mor* Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number at movements (counting each landing as a movement) of Government aircraft is 300 or mare, or the gross accumulative weight of Government aircraft using -the airport (the total movements of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It rill furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or veather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of spac& or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a vritten request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport shoring (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature 'of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities vhich are not in conformity vith the airport layout plan as approved by the Secretary and vhich might, in the opinion of the Secretary, adversely affect the safety, utility, or efficiency of the airport. b. If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally awned, leased, or funded property an or off the 1 3/1/91 V-47 airport and which is not in conformity with the airport layout plan as approved by the Secretary, the ovner or operator will, it requested by the Secretary (1) eliminate such adversi effect in a manner approved by the Secretary; or (2) bean all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted vith or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the folloving periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the sponsor retains ovnership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will, when the land is no longer needed for such purposes, dispose of such land at fair market value at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land will, at the discretion of the Secretary, -(1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development (other than noise compatibility) purposes, it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no such eligible project exizts. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zone) or serves as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a.grant received by an airport operator 4/11/91 . V-48 r' , or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or the Federal agency making such grant before December 31, 1987, vas notified by the operator or owner of the use bf such land, did not object to such use, and the land continues to be used fbr that purpose, such use having commenced not later than December 15, 1989. (c) Disposition of such land under (a) or (b) will be subject to, the retention or reservation of any interest or right therein necessary to`*nsure'. that such land will only be used for purposes which are compatible with noise' -,- levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub- contract for program management,. construction management, planning studies, feasibility studies, architectural surveying, mapping, or related serviced with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. M. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the united States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the 'Current FAA Advisory Circulars for AIP Projects,` dated _31'W92 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State lav, by the land acquisition policies in Subpart B of 49 CrR Part 24 and will pay or reimburse property ovners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subparts D and E of 49 CFR Part 24. (3) It vill make available within a reasonable period of time prior to displacement comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 35. Drug -Free Workplace. It will provide a drug-free workplace at the site of work specified in the grant application in accordance with 49 CFR Part 29 by (1) publishing a statement notifying its employees that the :unlavful manufacture, distribution, dispensing, possession or use of a controlled substance is_ prohibited in the sponsor's workplace and specifying the actions that will be taken against its employees for violation of such prohibition; (2) establishing a drug-free awareness prograa to inform its employees about the dangers of drug ..... ...... —......r ----r- rrY��MWr..r.....w.... ... .... .r .. ... ........a....y..M.4.•........L�.�JJ.w�....i6F.u......�.. YAW iI YS.{Lrw ..�e�d�S44idJYs1•. _ _ wstlr 3/1/91 V-49 abuse in the workplace and any available drug counseling, rehabilitation, and employees assistance programs; (3) notifying, the FAA within ten days after receiving notice of an employee criminal drug statute conviction for a violation occurring in the workplace; and (4) making a good faith effort to maintain a drug-free workplace. 2126192 V --W CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECT'S Wactive Daft. 2-2A-92 mtJAiov Suamcr 7W7400.1 W Obouedon Mr** and t.imov cma 9 1464VOOoNA AkW twlm fru OW QWG/w 13G*16.0 pdok Ii, *Mm%q rd EA ft 10 d %*AW U8W Qn en ANW li(mlo.m ASM Ph ww ibeeaa Cottrlvdal w 14M10b141. v- 6w 01.1 1111 19000/0.119, A wk RmsM i Notrlr >l�a_ *Ak NOP 100r1Y*,d& mw ftwAA"wm 18*j& O.l()A t1er 404 141mvi VOW" 10041t00-11. A«e r%Ift 18010li-1: Aie>�K MaNwrMrr wi Adi lsomsca-4= A/+wgr *A*W Cw&%m Owo Srie>bA Oft 14*600-M Apo Ate are &M* %" ftdOW" *AM 1l0INIM-11 IN- �- i N hr ibw &W WMArow 41 AbW Ohm err ant Me C 11W t a�-ti AIAoiW YNa�wr OONrrintt awmM IN No ftft IWOW" tAOri®0-i'A Oueial �ndri Mr A wd 1501/IOp•1i A#Sd Orem+ aa' •: tiQ�i AI�d D�ia>w 1gNrD•dC AbpeA ftom" ft" and MhiR "lag 140sleowm - *now" "bommm ie" AdifrM Alpo+! ft"M *111 M 1!0+$110-1s Akpd Mr Not oeald Fxl 1oQu*" ft"m LattMl AM/t11nIMIM{ let AUSeA Oa o CW40 t 1 SOA%24»1 OF M&+,p of ftmd Arm M A4&% CMG 1 i Www& n 0w%% fw fto" Qltdem Touted al Zww WO" CNO 14 2 1 4i a off**W C*Cb NIP" VAOMw *MM cm 1 14040dO-l" Soar101i Ap~ LWAV A b CWO 1 a' loots r4-171 *W%6y Pear+ lr P(rr-fM AW UdWM *SIMI ispr5'iialoC S1dldr" for Akw so s"I" CMO 1 I SQIL' do -1 • TMNW Wool" LvAq Palo 1 x"0041 AirW Womg rwwm Uoh*V Kud Addy 150414 s &rppienr+"* "W COr" 1$00"40-$4 A-rrvrkjv ted Tartmw E4" U"v S1a"m c4G 1 9 fo/SU"AIA Ak-M-Omu a tilde Cootrvl d Airport Llq"SMOOM 140 Spdfocali" for L421 PW" OW P*ff** COnvd W WPW, t.�" 15Q%346-" Gaol 3amew %r%m 1lotsu8-TD Sproif e0o br L -Q: Ur4orrWA d SNOW G+b+ W Amort L-Otng Cft ies CNG t 1SG:'S366-1 Oc S000 w for Ce www Cwwd PAVAM $ pp ww Aft! ibm 1 SOM346-t 2C ippftTlOtl bf r1C'pp't Im MW %M( 2/;6/92 V®31 & 52 CURRENT %°AA ADMORY ClItCULARS FOR A1P PitOJK'tl (MdnWd) wedirt Dates 2-Z6-92 MUMMA susiecr 1504345-1711 Ap000km for L-4dl AwS" ti* C46W A"WA* tr P6% C'a" of AkW Lkhkv mom I XW& Wa softom" IN L—i Pius and EMIR a" CAaareialas amtf! 1804141-M w wilt OMM Aft"i IMIt G(4 t toomms4w FAA lomdaW t -M Pown,1 ad T&#mW Ora M MO ANurtr d v 0 AAO 101 MM1 1 0 f edWM Mr int+# Ulk VOM %MbMW 1#a AbQ16 *mdw, Mm,m Oil 1 AmommAn 1 fyllefMM1 MM �1ua/011 L�� tgIIM01r� 1 foafa�iax it T1R1MttM► �d'IN� fID1� t S APO" (W O MMr tf010f1i.�IM lPIS1WN dr ft"W a ""Vail IMOVMw 1 A b"m TMW M M fir,AkltLV" "M M11 Amomm L -W R* Owk* 11IM ' 1400WASA0 Oomow fK ft%W %FOW MOX 01101 tfOf•" ft"Ou" fir obow"Am Aww 0*000 amt f 4hol" ow" YdW oto" i1dow" 1401104 ow ON* d ompot MrM R 94041UM Deis 12I ND -12 p4 at ft" R 6 4 — 1SOMM." hrwAV OW pin OYMltnM.lorJlU o Tou*W PodMe 1001 87040 comia r O&W en 'Wo 011 Do* O - w I- t,1Ue ISOM 048 OIt+ aft ASA ww MIIP eft p4eae•-oop ow t ping w+ 'dAlorio-tOA f�Ilidt MK Op+'�b'h1�o1rs elA�wirr 041. >L i 160=70-11 UN of pimwn 1MM 4W" or4m k fly &WulW d A&W Pwmmwm OM01 ' 110 aiQ-1f Cam as & W IF cool tom U► Mpm 4td PIUjM11 1804004 1W NRI1 QTR 1 0 y4fow D+al r r g E]IST12% ?.l;1AT P^CTECTION ZONE NO PEA,MP, 0-.4'47 SILVER EEL COVE a BLOCK ISLAND SOLIND i EY:ST:NO W OCATED TMWLLO 011OUrED rWW-SKLD /: DLESTRIAR .VL �\ r ROAD NOTES: \� © NEN YORK STATE PLANE COORDINATE YALUES NCRTH EAST T X °cuTING Aa ARP (LTIUATE) 38043.025 ZONE NO ~RMED ChAkCD 25422_ 56 RW 2 END PAY'T. 38C2f2.534 253974LGSO RW 30 END PAY'T. 379154.076 254252.384 RW 07 END PAY'T. 37558.214 2540159.670 RN 25 END PAY T. 380653.373 254P_90.057 © GRID IS BASED ON NEi► ''CRK STATE PLANE — — COORDINATE STSTEN.LONG ISLAND ZONE © AREA = 195 ACRES (TITLE IN FEE) LAND ACOUISITION TABLE ►ARCEI ACOUIS:TIav ! ' '� EtJC:.c N0. DAINTON DATE i DEED NUEA-fa SOWL i unm n,res :..or «Nfl1 awrn � s 'mr-... sw+.s I I I E�OE?A REVISIONS 1004 0i SOLT"C`" Ets�Eos Ts�.M ti. r 7A PAVED "AD BY DATE CHANGE ELIZABETH FIELD AIRPORT DIRT NC.D COST LIW — AIRPORT PROPERTY MAP --- �•C -- PRQK,;TY LI -It CESI:\ED: OE [CRI .% ;CT ---�- SMEE' ROAD lCVCAAr CHE:xE^: Cf__ D.iE 7.,,,, j PRC_I:T F„E Czlocerms & S-pna II I EnOn..n ? C L �,,,� C�"_S Calocerinos & Spina Engineers. P.0 Mr. R. Philip Knauff Manager Fishers Island Ferry District P.O. Box H Fishers Island, New York 06390 Dear Mr. Knauff: August 26, 1992 Rci.'_.EIVED OCT( i 1W SodhTWOM Cf --,- Re: Fishers Island Airport - Elizabeth Field Runway 7-25 Overlay Lump Sum Consultant Agreement for Design File: 211. Enclosed for your review and approval is one copy of the draft Lump Sum Consultant Agreement for design of the above -referenced project. This Agreement provides for the complete design of the project generally including project management; preliminary and final design; and direct expenses. The topographic surveys and subsurface soils investigation and laboratory testing required for this project were performed as part of the previously completed pavement evaluation study project and are not included in this agreement. By copy of this letter, we are submitting draft copies of this Agreement to the Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT) for their concurrent review and approval. The FAA recently advised our office that grant monies may become available for this project this fiscal year. If a grant is offered by the FAA and accepted by the Town, we will forward formal copies of this agreement for execution. If you have any questions in reference to the enclosed, please do not hesitate to contact me. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. Mark F. Petranchuk Managing Engineer MFP:imc Enclosure cc: Mr. Philip Brito (w/encl) Mr. Robert Michaud (w/enol) Mr. James Kuzloski (w/2enel) 1020 Seventh North Street, Liverpool, NY 13088-6199 (315) 457-6711 FAX (315) 457-9800 LUMP SUM CONSULTANT AGREEMENT 1 I' DESIGN PROJECT: Fishers Island Airport - Elizabeth Field Runway 7-25 Overlay NYSDOT PROJECT NO. This Agreement made this day of ,1992, by and between the Town of Southold (hereinafter referred to as the "SPONSOR"), and Calocerinos & Spina Engineers, P.C. (hereinafter referred to as the "CONSULTANT"). WITNESSETH: That the SPONSOR and the CONSULTANT, for the consideration hereinafter named, agree as follows: ARTICLE 1. DESCRIPTION OF WORK TO BE DONE. The SPONSOR agrees to and hereby does retain and employ the personal service of the CONSULTANT because of his ability and reputation, and the CONSULTANT agrees to perform such services of said Project being particularly described in Schedule A attached hereto and made a part hereof. ARTICLE 2. PROVISION FOR PAYMENT. The SPONSOR shall pay to the CONSULTANT and the CONSULTANT agrees to accept as full compensation for his services under this Agreement, a lump sum fee of $48,982.00 covering salaries of employees assigned to the Project, all indirect costs, all direct expenses and profit. The maximum fee under this Agreement cannot be exceeded for any reason, unless additional services are performed in accordance with the Extra Work Provision in Article 11 of this Agreement. Partial payments of the lump sum fee shall be made monthly on account. Such monthly installments shall be in amounts determined by the SPONSOR and shall be based on its review of a monthly progress report submitted by the CONSULTANT. Retainage in the amount of five percent (5%) of each monthly installment, exclusive of Subcontractor costs, up to a maximum of Twenty Thousand Dollars ($20,000.00) shall be withheld by the SPONSOR conditioned upon the faithful performance of all terms and provisions of this Agreement. The SPONSOR shall retain from each monthly installment five air\7: W G210 9.11.91 percent (5%) of each Subcontractor's costs up to a maximum of Twenty Thousand Dollars ($20,000.00) for each individual Subcontractor. Release of retainage will be made upon the satisfactory completion of the work covered by the lump sum fee. The CONSULTANT specifically agrees that the Agreement shall be deemed executory only to the extent of the monies available, and no liability shall be incurred by the SPONSOR beyond the monies available for the purpose. The time for completion of the services agreed to under this Contract shall be as recorded in Schedule A which is attached and made a part of this Agreement. The method of computation of the CONSULTANT lump sum fee is prescribed in Schedule B which is attached and made a part of this Agreement. ARTICLE 3. STANDARD PRACTICES AND REQUIREMENTS. The CONSULTANT shall ascertain the standard practices of the SPONSOR, the New York State Department of Transportation, and the Federal Aviation Administration prior to beginning any of the work of this Project. Where practicable, all work required under this Agreement shall be performed in accordance with these standard practices. In the event that provisions of these standard practices are in conflict or strict adherence to same is impossible or undesirable, the CONSULTANT may, with the approval of the other parties, vary or deviate from such standards. The CONSULTANT shall certify that all work performed under this Agreement shall conform with all approved Federal and State standards and/or with deviations of such standards when approved. ARTICLE 4. DOCUMENTS FORMING THE CONTRACT. The Contract Documents shall be deemed to include this Agreement, with accompanying schedule or schedules. ARTICLE 5. TAXES, ROYALTIES AND EXPENSES. The CONSULTANT shall pay all taxes, royalties and expenses incurred in connection with the services under this Agreement, unless otherwise provided in Article 2. ARTICLE 6. CONSULTANT LIABILITY. The CONSULTANT shall be responsible for all damage to life and property due to activities of the CONSULTANT, his Subcontractors, agents or employees, in connection with his services under this Agreement. The CONSULTANT specifically agrees that his Subcontractors, agents or employees shall possess the experience, knowledge and character necessary to qualify them individually for the particular duties they perform. Further, it is expressly understood that the CONSULTANT shall indemnify and save harmless the SPONSOR, New York State Department of Transportation and Federal Aviation Administration from claims, suits, actions, damages and costs of every name and description resulting rir\7:\AG210 -2- 9.11.91 from the negligent performance of the services of the CONSULTANT under this Agreement, and such indemnity shall not be limited by reason of enumeration of any insurance coverage herein provided. Negligent performance of service, within the meaning of this Article, shall include, in addition to negligence founded upon tort, negligence based upon the CONSULTANT'S failure to meet professional standards and resulting in obvious or patent errors in the progression of his work. Nothing in this Article or in this Agreement shall create or give to third parties any claim or right of action against the CONSULTANT or the SPONSOR beyond such as may legally exist irrespective of this Article or this Agreement. ARTICLE 7. LABOR LAW REQUIREMENTS. The CONSULTANT specifically agrees, as required by the Labor Law, Sections 220, 220-4 and 220-e, as amended, that his execution of this Agreement binds him to the following specific agreements: A. No laborer, worker or mechanic in the employ of the CONSULTANT, Subcontractor or other persons doing or contracting to do the whole or part of the work included in the Agreement shall be permitted or required to work more than eight (8) hours in any one (1) calendar day or more than five (5) days in one (1) week in the performance of work included in this Agreement except in the emergencies set forth in the Labor Law; B. The wages (including supplements) paid for a legal day's work shall be not less than the prevailing rate of wages (including supplements) as defined by law; C. The minimum hourly rate of wages (including supplements) to be paid shall not be less than that designated by the Industrial Commissioner; D. The minimum hourly supplements to be paid shall be in accordance with the prevailing practices in the locality where the Project is located and shall be not less than designated by the Industrial Commissioner. Supplements as defined in Section 220 of the Labor Law, as amended, mean all remuneration for employment paid in any medium other than cash or reimbursement for expenses or any payments which are not wages within the meaning of the law, including, but not limited to health, welfare, non -occupational disability, retirement, vacation benefits, holiday pay and life insurance; E. The Labor Law provides that the Agreement may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than: 1. The stipulated wage scale (including supplements) as provided in the Labor Law, Section 220, Subdivision 3, as amended, or 2. The stipulated minimum hourly scale (including supplements) as provided in the Labor Law, Section 220-4, as amended. F. The CONSULTANT specifically agrees as required by the provisions of Labor Law, Section 220- e, as amended, that: air\7:UG210 —3— 9.11.91 In the hiring of employees for the performance of work under this Agreement or any Subcontract hereunder, no CONSULTANT, Subcontractor, nor any person acting on behalf of such CONSULTANT or Subcontractor shall, by reason of race, creed, sex, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; 2. No CONSULTANT or Subcontractor or any person on his behalf, shall in any manner discriminate or intimidate any employee hired for the performance of work under the Agreement on account of race, creed, sex, color or national origin; There may be deducted from the amount payable to the CONSULTANT by the SPONSOR under the Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; 4. The Agreement may be canceled or terminated by the SPONSOR and all monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of the Agreement. G. Surveying Services - The SPONSOR recognizes that the CONSULTANT will be required by the New York State Department of Labor to compensate its personnel performing field survey work in accordance with applicable state wage rates in effect at the same time services are performed. The SPONSOR understands that the CONSULTANT has no control over these labor rates and their periodic increases. Therefore, it is agreed that the SPONSOR will compensate the CONSULTANT for field survey services included as a part of this agreement in accordance with the pricing schedule made a part of this agreement. Furthermore, the SPONSOR will compensate the CONSULTANT for all increases in labor costs including applicable overhead and profit when those increases occur by direction of the New York State Department of Labor. Billings for these increases and payments by the SPONSOR of these increases will take place routinely in accordance with the appropriate terms of this agreement and these increases will be paid as an additional cost over and above the agreed contract amount. Additional Federal Labor Law provisions are contained in Schedule H. ARTICLE 8. NON-DISCRDVIINATION PROVISIONS. During the performance of this Contract, the CONSULTANT agrees as follows: A. The CONSULTANT shall not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin, and shall take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Such action shall be taken with reference to, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation and selection for training or retraining, including apprenticeship and on-the-job training. air\7:\AG210 —4— 9.11.91 B. The CONSULTANT shall send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Division of Human Rights, advising such labor union or representative of the CONSULTANT's Agreement under clauses (a) through (g) (hereinafter called "non- discrimination clauses"). If the CONSULTANT was directed to do so by the contracting agency as part of the bid or negotiation of this Agreement, the CONSULTANT shall request such labor union or representative to furnish him with a written statement that such labor union or representative shall not discriminate because of race, creed, sex, color or national origin and that such labor union or representative shall affirmatively cooperate within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non- discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Agreement shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with a request that it furnish such a statement, the CONSULTANT shall promptly notify the State Division of Human Rights of such failure or refusal. C. The CONSULTANT shall post and keep in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the State's laws against discrimination as the State Commissioner of Human Rights shall determine. D. The CONSULTANT shall state, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, that all qualified applicants shall be afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. E. The CONSULTANT will comply with the provisions of Section 291-299 of the Executive Law and Civil Rights Law, will furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the State Commissioner of Human Rights, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. F. This Agreement may be forthwith canceled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commissioner of Human Rights that the CONSULTANT has not complied with these non-discrimination clauses, and the CONSULTANT may be declared ineligible for future Agreements made by or on behalf of the State or a public authority or agency of the State, until he satisfies the State Commissioner of Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the State Commissioner of Human Rights after conciliation efforts by the State Division of Human Rights have failed to achieve compliance with these non-discrimination clauses and after verified complaint has been filed with the State Division of Human Rights, notice thereof has been given to the CONSULTANT and an opportunity has been afforded him to be heard publicly before the State Commissioner of Human Rights or his designee. Such sanctions may be imposed and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by law. aiA7:\AC210 —5— 9.11.91 G. The CONSULTANT will include the provisions of clauses (a) through (f) in every Subcontract or purchase order in such a manner that such provisions will be binding upon each Subcontractor or vendor as to operations to be performed within the State of New York. The CONSULTANT will take such action in enforcing such provisions of such Subcontract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the CONSULTANT becomes involved in or is threatened with litigation with a Subcontractor or vendor as a result of such direction by the contracting agency, the CONSULTANT shall promptly so notify the Municipal Counsel, requesting him to intervene and protect the interests of the SPONSOR. ARTICLE 9. WORKER'S COMPENSATION AND LIABILITY INSURANCE. The CONSULTANT agrees to procure and maintain at his own expense and without direct expense to the SPONSOR; with the exception of Item (b)4 which may be billed as a direct expense to the SPONSOR, until final acceptance by the SPONSOR of the services covered by this Agreement, insurance of the kinds and in the amounts hereafter provided in insurance companies authorized to do business in New York State, covering all operations under the Agreement, whether performed by it or by Subcontractors. Before commencing the work, the CONSULTANT shall furnish the SPONSOR a certificate or certificates in form satisfactory to the SPONSOR showing that it has complied with this schedule, which certificate or certificates shall provide that the policies shall not be changed or canceled until thirty (30) days written notice has been given to the SPONSOR. The kinds and amounts of insurance required are as follows: A. Policy or policies covering the obligations of the CONSULTANT in accordance with the provisions of any applicable Worker's Compensation or Disability Benefits Law, including for the State of New York Chapter 41, Laws of 1914, as amended, known as the Worker's Compen- sation Law, and amendments thereto, and Chapter 600 of the Laws of 1949, as amended, known as the Disability Benefits Law, and this Agreement shall be void and of no effect unless the CONSULTANT procures such policy or policies and maintains the same in force during the term of this Agreement. B. Protective Liability Insurance issued to and covering the liability of the Municipal Corporation, the Federal Aviation Administration, the State, the Commissioner and all employees or other representatives of each of them, both officially and personally with respect to all operations under the Agreement including omissions and supervisory acts of the Municipal Corporation, the Federal Aviation Administration, the State, the Commissioner and their employees or other representatives. Policies of bodily injury liability and property damage liability insurance, each with limits of liability of not less than one hundred thousand dollars ($100,000.00) for all damages arising out of bodily injury, including death at any time resulting therefrom sustained by one (1) person in any one (1) accident and subject to that limit for each person; not less than three hundred thousand dollars ($300,000.00) for all damages arising out of bodily injury, including death at any time resulting therefrom, sustained by two (2) or more persons in any one (1) accident, and not less than one hundred thousand dollars ($100,000.00) for all damages arising out of injury to or destruction of property in any one (1) accident and subject to this limit per accident not less than three hundred thousand dollars ($300,000.00) for all damages arising out of injury to or destruction of property during the policy period. air\7:\AG210 -6- 9.11.91 Liability insurance issued to and covering the liability of the CONSULTANT with respect to all work performed by him under this Agreement. 2. Liability insurance issued to and covering the liability of the CONSULTANT'S Subcontractors with respect to all work performed by said Subcontractor under this Agreement. 3. Protective liability insurance issued to and covering the liability of the CONSULTANT with respect to all work under this Agreement performed for the CONSULTANT by Subcontractors. 4. Protective liability insurance issued to and covering the liability of the SPONSOR and all employees of the SPONSOR, both officially and personally, with respect to all operations under this Agreement by the CONSULTANT or by his Subcontractor, includ- ing omissions and supervisory acts of the SPONSOR and its employees. ARTICLE 10. ASSIGNMENT REQUIREMENTS. The CONSULTANT specifically agrees that: A. He is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of the Agreement or of his right, title or interest therein, or his power to execute such Agreement, to any other person, company or corporation without the previous consent in writing of the SPONSOR and the Commissioner of Transportation and the Federal Aviation Administration. B. If this provision of the Agreement is violated, the SPONSOR may revoke and annul the Agreement and the SPONSOR shall be relieved from any and all liability and obligations thereunder to the person, company or corporation to whom the CONSULTANT shall assign, transfer, convey, sublet or otherwise dispose of the Agreement, and such transferee shall forfeit and lose all monies therefore assigned under said Agreement, except so much as may be required to pay his employees. ARTICLE 11. EXTRA WORK. If the CONSULTANT is of the opinion that any work he has been directed to perform is beyond the scope of this Agreement and constitutes Extra Work, he shall promptly notify the SPONSOR of that fact. The SPONSOR shall be the sole judge as to whether or not such work is in fact beyond the scope of this Agreement and constitutes Extra Work. If the SPONSOR determines that such work does constitute Extra Work, it shall provide extra compensation to the CONSULTANT upon a fair and equitable basis. A Supplemental Agreement providing for such compensation for Extra Work shall be prepared and executed by the CONSULTANT and SPONSOR and be approved by the appropriate State and Federal officials. air\7:\AG210 —7— 9.11.91 ARTICLE 12. ABANDONMENT, CHANGE OF PLAN AND TERMINATION. The SPONSOR shall have the absolute right to abandon the work or to amend its Project or to change the general basis at any time, and such action on its part shall in no event be deemed a breach of contract. If the SPONSOR does amend its Project or change the general basis and the CONSULTANT is of the opinion that Extra Work is made necessary as a result thereof, the provisions of Article 11 of this Agreement with respect to Extra Work shall apply. The SPONSOR has the right to terminate this Agreement at its pleasure and make settlement with the CONSULTANT upon an equitable basis as determined by the SPONSOR, who shall fix the value of the work performed by the CONSULTANT prior to the termination of this Agreement. In determining the value of the work performed, the SPONSOR shall consider the following: A. The ratio of the amount of work performed by the CONSULTANT prior to the termination of the Agreement to the total amount of work contemplated by this Agreement, less any payments previously made. B. The amount of expense to which the CONSULTANT is put in performing the work performed prior to the termination, in proportion to the amount of expense to which the CONSULTANT would have been put had he been allowed to complete the total work contemplated by the Agreement, less any payments previously made. C. The actual cost incurred by the CONSULTANT as verified by audit, plus a portion of the fixed fee equal to the percentage of work completed. In determining the value of the work performed by the CONSULTANT prior to the termination, no consideration shall be given to profit which the CONSULTANT might have made on the uncompleted portion of the work. If the termination is brought about as a result of unsatisfactory performance on the part of the CONSULTANT, the value of the work performed by the CONSULTANT prior to termination shall be fixed solely on the ratio of such work to the total amount of work contemplated by this Agreement. ARTICLE 13. SUSPENSION OF WORK. In the event that the work under the Agreement is entirely suspended, the CONSULTANT agrees that his services shall likewise be suspended without compensation for the suspended period, unless otherwise directed by the SPONSOR. Upon the resumption of the work under the Agreement, the CONSULTANT shall resume his services under this Agreement until the work is completed and accepted. In all cases provided for in this Agreement for the additional services above described, the SPONSOR'S directions shall be exercised by the issuance of a Supplemental Agreement. ARTICLE 14. DEATH OR DISABILITY OF THE CONSULTANT. In case of the death or disability of one or more, but not all of the persons herein referred to as the CONSULTANT, the rights and duties of the CONSULTANT shall devolve upon the survivor or air\7:\AG210 —8— 9.11.91 survivors of them, who shall be obliged to perform the services required under this Agreement, and the SPONSOR shall make all payments due to him or them. In case of the death or disability of all the persons herein referred to as the CONSULTANT, all data and records pertaining to the Project shall be delivered within sixty (60) days to the SPONSOR or its duly authorized representative. In case of the failure of the CONSULTANT, his successors or personal representatives, to make such delivery on demand, then and in that event the representatives of the CONSULTANT shall be liable to the SPONSOR for any damages it may sustain by reason thereof. Upon the delivery of all such data to the SPONSOR, the SPONSOR shall pay to the representatives of the CONSULTANT all amounts due the CONSULTANT, including retained percentages to the date of the death of the last survivor. ARTICLE 15. INTERCHANGE OF DATA. All technical data in regard to the Project whether (a) existing in the office of the SPONSOR or (b) existing in the office of the CONSULTANT, shall be made available to the other party to this Agreement without expense to such other party as the case may be. ARTICLE 16. DISPOSITION OF PROJECT DOCUMENTS. At the time of completion of the work, the CONSULTANT shall make available to the SPONSOR all original tracings plans, maps, computerized programs and reports which have been prepared as the result of this Agreement. This material shall become the property of the SPONSOR and the maintenance of the data shall be the responsibility of the SPONSOR, The cover sheet of each document famished to the SPONSOR by the CONSULTANT shall include the appropriate State and Federal financial notices and the endorsement of the CONSULTANT. In the event that this Agreement is terminated for any reason, then within ten (10) days after such termination, the CONSULTANT shall make available to the SPONSOR all data and material prepared under this Agreement including cover sheets in accordance with the above paragraph. ARTICLE 17. DAMAGES AND DELAYS. The CONSULTANT agrees that no charges or claim for damages shall be made by him for any delays or hindrances from any cause whatsoever during the progress of any portion of the services specified in this Agreement. Such delays or hindrances, if any, shall be compensated for by an extension of time for such reasonable period as the SPONSOR may decide, it being understood, however, that the permitting of the CONSULTANT to proceed to complete any services or any part of them after the date of completion or after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the SPONSOR of any of its rights herein. av\7:UG210 -9- 9.11.91 ARTICLE 18. CODE OF ETHICS. The CONSULTANT specifically agrees that this Agreement may be canceled or terminated if any work under this Agreement is in conflict with the provisions of Section 74 of the New York State Public Officers' Law, as amended, and Schedule G. ARTICLE 19. INDEPENDENT CONTRACTOR. The CONSULTANT, in accordance with his status as an independent contractor, covenants and agrees that he shall conduct himself consistent with such status, that he shall neither hold himself out as nor claim to be an officer or employee of the SPONSOR by reason hereof, and that he shall not by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the SPONSOR, including but not limited to, worker's compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. ARTICLE 20. PATENT RIGHTS AND COPYRIGHTS. Any patentable result arising out of this Agreement, as well as all information, designs, specifications, know-how data, and findings, shall be made available without cost to the State or its licensees and the Federal Aviation Administration for public use. No material prepared in connection with this Project shall be subject to copyright. The State and the Federal Aviation Administration shall have the right to publish, distribute, disclose or otherwise use any material prepared under this Project. ARTICLE 21. NEW YORK STATE PARTICIPATION. The work in this Agreement is included in a New York State Department of Transportation Project, which is being undertaken and accomplished by the SPONSOR and the State of New York, pursuant to which the State has agreed to pay a certain percentage of the allowable project costs. The State of New York is not a party to this Agreement and no reference in this Agreement to the Commissioner of Transportation or any representative thereof, or to any rights granted to the Commissioner of Transportation or any representative thereof or the State of New York, by the Agreement, make the State of New York a party to this Agreement. The CONSULTANT and the SPONSOR agree that properly authorized officials of the State of New York may from time to time inspect, all Project documents for the purpose of insuring compliance with New York State laws and protecting the interests of New York State. ARTICLE 22. FEDERAL PARTICIPATION. The Federal Aviation Administration is not a party to this Contract although the Project work program covered by this Agreement is to be financially aided in part by a Grant Agreement between the SPONSOR and the Federal Aviation Administration as provided for under the Airport and Airway Development Act of 1970 (P.L. 91258). The SPONSOR and the CONSULTANT hereby agree to comply fully with the conditions set forth in detail in the Grant Agreement as though they were set forth in detail au\7:\AG210 -10- 9.11.91 in this Agreement. The CONSULTANT further agrees that by reason of complying with the conditions of the Grant Agreement, no obligation is entailed on the part of the Federal Aviation Administration to the CONSULTANT. The CONSULTANT and the SPONSOR agree that properly authorized officials of the Federal Aviation Administration may from time to time inspect all Project documents for the purpose of insuring compliance with Federal laws and protecting the interests of the Federal Aviation Administration. ARTICLE 23. MISCELLANEOUS. A. The CONSULTANT agrees that he shall require all persons employed upon the work, including his Subcontractors, agents, officers and employees, to comply with all applicable laws in the jurisdiction in which the work is performed. B. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to -the terms and requirements of applicable law. C. By execution of this Agreement, the CONSULTANT represents that he has not paid and also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this Agreement. D. The SPONSOR and CONSULTANT agree that all Project documents requiring formal approval by a Federal agency will be submitted to the New York State Department of Transportation for their prior approval and forwarding to the Federal agency for its formal approval. The SPONSOR and CONSULTANT agree that approval of all Project documents requires the complete, prior and simultaneous coordination with the Federal agency and New York State Department of Transportation. ARTICLE 24. SUBCONTRACTORS/SUBCONSULTANTS. All subcontractors and subconsultants performing work on this project shall be bound by the same required contract provisions as the prime consultant. All agreements between the prime consultant and a subcontractor or subconsultant shall include all standard required contract provisions, and such agreements shall be subject to review by the State and the Federal Aviation Administration. afrl7:UG210 —11— 9.11.91 IN WITNESS WHEREOF, this Agreement has been executed by the SPONSOR, acting by and through the Supervisor of the Town of Southold who has caused the seal of his office to be affixed hereto, and the CONSULTANT, by and through a duly authorized officer has executed this Agreement effective the day and year first above written, subject to the approval of the Commissioner, Department of Transportation, the State Comptroller, and the Federal Aviation Administration. SPONSOR CONSULTANT Town of Southold Calocerinos & Spina Engineers, P.C. By: Scott L. Harris Title: Town Supervisor Date: By: Ronald L. Peckham Title: Division Manager Date: tir\7:UG210 -12- 9.11.91 (ACKNOWLEDGEMENT OF OFFICER OR OWNER ATTESTING CONTRACT) State of New York ) County of ) SS: On this day of , 19_, before me personally came and appeared to me known, who being by me duly sworn did depose and say that he is the of the described in and which executed the foregoing instrument, that he knows the seal of said Owner; that one of the impressions appearing on said instrument is a true and correct impression of such seal; and that he affixed it thereto and attest the same over his signature by virtue of the authority in him vested. Notary Public (ACKNOWLEDGEMENT OF CORPORATION) State of New York ) County of Onondaga ) SS: On this day of , 19_, before me personally came and appeared RONALD L. PECKHAM, P.E., to me known, who being duly sworn, did depose and say that he resides in Liverpool, New York; that he is the Division Manager of CALOCERINOS & SPINA ENGINEERS, P.C., the CORPORATION described in and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that is was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public v.\7:uc210 -13- 9.11.91 SCHEDULE A Project Description: Engineering design services associated with the construction of a bituminous overlay on Runway 7-25 (1940' x 75') The CONSULTANT agrees that the following types of professional services will be provided within the scope of Schedule "B": Conferences with the SPONSOR to review his wishes and requirements, inspection of the site and become knowledgeable of the existing data that is already available for the Project. 2. Conferences with the New York State Department of Transportation and the Federal Aviation Administration to review their programming and design standards and become knowledgeable of the data that is already available for the Project. 3. During the design phase, to aid the SPONSOR by acting as liaison and project coordinator with the New York State Department of Transportation and the Federal Aviation Administration. The CONSULTANT shall prepare an Engineering Report per applicable requirements of Schedule F by supplementing the Pavement Evaluation Study Report dated February, 1992. 4. Prepare preliminary engineering studies' design and cost estimates for review and acceptance by the SPONSOR, New York State Department of Transportation and the Federal Aviation Administration for the Project's scope of work. 5. Prepare detailed applications for project funding to meet the Airport Improvement Program criteria of the Federal Aviation Administration. 6. If required, to update the Airport Layout Plan by identifying the improvements proposed herein and submit sufficient copies for its approval by the New York State Department of Transportation and the Federal Aviation Administration. 7. Prepare and furnish detailed Construction Plans, Specifications and Contract Documents for the Project. Submit sufficient copies of preliminary (509 complete) and final copies of the documents to the SPONSOR, the New York State Department of Transportation and the Federal Aviation Administration for their review and approval. For bidding purposes, provide as many copies of the Contract Documents to the SPONSOR as may be required. ■irV9AG210 9.11.91 8. The CONSULTANT agrees to complete the work under this phase of the Agreement in a manner satisfactory to the SPONSOR, within five (5) months after receiving a Notice to Proceed from the SPONSOR or within such extended periods as are agreed to by the SPONSOR. 9. Work products shall be submitted to State and Federal Agencies in accordance with the following schedule and shall be started by receipt of a signed Engineering Agreement: Time from Receipt of Executed Agreement Project Date Engineer's Agreement October, 1992 Preliminary Plans, 60 Days December, 1992 Specifications and Design Report (50% Completion) Final Plans, Specifications 120 Days February, 1993 and Design Report (100% Completion) 10. Assist the SPONSOR in securing bids, tabulation and analysis of bid results and furnish recommendations on the award of the Construction Contract. 11. Assist the SPONSOR in the preparation of formal Contract Documents for the award of Contracts. END OF SCHEDULE aiAdAwpfAm\etaodwdVgtm \AG210 A-2 9.11.91 * ARCHITECTURAL/ENGINEERING * COST SUMMARY * SCHEDULE "B" * DESIGN PHASE PROJECT: RUNWAY 7-25 OVERLAY DATE: 18 -Aug -92 PROJ DESCRIPTION: CONSTRUCT BITUMINOUS OVERLAY ON RUNWAY 7-25 09401X751) A/E: CALOCERINOS & SPINA PROJECT NO: 211.006 CLIENT: TOWN OF SOUTHOLD C&S CONTACT: M.F.PETRANCHUK CLIENT MANAGER: MR. R.PHILIP KNAUFF I. DIRECT SALARY COSTS: MAXIMUM AVERAGE DATC nC DSV Dere nC DSV ----------------------------------------- TITLE A. DIVISION MANAGER B. MANAGING ENGINEER C. SEN PROJ ENGINEER D. PROJECT ENGINEER E. SEN GEOLOGIST (SOILS ENG) F. GEOLOGIST (SOILS ENG) G. ENGINEER H. ASST ENGINEER 1. DESIGNER J. SEN DRAFTSMAN K. DRAFTSMAN L. TECHNICAL TYPIST M. GRANT ADMINISTRATOR N. INSPECTION SUPERVISOR 0. RESIDENT ENGINEER P. CHIEF INSPECTOR Q. SEN INSPECTOR R. INSPECTOR S. JR INSPECTOR T. PARTY CHIEF U. INSTRUMENT MAN V. RODMAN ($/HR) ----------- (S/HR) ----------- 2 HOURS ------- COST $44.10 $38.40 X 8 = ---------------- S307.00 $31.50 529.90 X 36 = S1,076.00 528.80 $26.60 X 0 = SO.00 $23.80 521.60 X 212 = $4,579.00 $24.50 $22.30 X 0 = 50.00 $22.80 520.70 X 0 = SO.00 520.70 $19.00 X 0 = SO.00 $18.90 $16.00 X 276 = $4,416.00 $17.20 $14.00 X 0 = $0.00 516.50 $13.30 X 248 = $3,298.00 513.50 $11.10 X 0 = $0.00 $12.70 511.30 X 40 = S452.00 516.00 $14.50 X 40 = $580.00 $27.30 524.80 X 0 = SO.00 526.20 523.80 X 0 = $0.00 $23.30 $21.20 X 0 = $0.00 520.40 $18.50 X 0 = $0.00 517.00 $13.80 X 0 = $0.00 $11.20 $10.20 X 0 = SO.00 $27.80 $26.50 X 0 = $0.00 $24.70 $23.50 X 0 = $0.00 $22.60 $21.50 X 0 = 50.00 -------------- -------------- TOTAL ESTIMATED DIRECT SALARY COST I1. OVERHEAD EXPENSES & PAYROLL BURDEN PER SCHEDULE "C" - (AUDITABLE, ESTIMATED AND EXPRESSED AS A PERCENTAGE OF DIRECT SALARY COST): A. AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: B. N.Y.S.D.O.T. ELIGIBLE FACTOR: RUNWAY 7-25 OVERLAY Page 1 142% 125% NYSDOT ELIGIBLE COST -------------- $18,385.00 -------------- -------------- 514,708.00 AGREEMENT AMOUNT & FAA ELIGIBLE COST ---------------- $20,885.00 III. SUBTOTAL OF ITEMS I & I1: A. AGREEMENT AMOUNT & F.A.A. ELIGIBLE: B. N.Y.S.D.O.T. ELIGIBLE: IV. ESTIMATE OF DIRECT EXPENSES: A. PERS/TRIP TRAVEL, BY AIR: $2,700.00 1 DAT/TRIP 3 TRIPS 8 2 PERSONS 2 TRAVEL, BY RENTAL CAR: 100 PAGES/SET 3 TRIPS a B. PER DIEM: $250.00 3 DAYS a C. REPRODUCTION - 1. DESIGN REPORTS: 20 SETS a 2. SPECIFICATIONS: 60 SETS a 3. DRAWINGS: 60 SETS a 4. MYLARS: D. COMPUTER TIME: E. CADD TIME: F. OPL PROJECT INSURANCE PREMIUM: G. MISCELLANEOUS: 2 PERS/TRIP 8 5450.00 = $2,700.00 1 DAT/TRIP a $100.00 = $300.00 2 PERSONS 2 $151.00 = $906.00 100 PAGES/SET 2 $0.05 = $100.00 400 PAGES/SET 9 $0.05 = $1,200.00 6 SHEETS/SET 8 $1.00 = $360.00 12 SHEETS 2 $5.00 = $60.00 0 HOURS 2 $12.00 = $0.00 40 HOURS 2 $25.00 = $1,000.00 = $250.00 = $124.00 TOTAL ESTIMATE OF DIRECT EXPENSES V. FIXED FEE (PROFIT, LUMP SUM): A. LABOR PLUS OVERHEAD: 1 AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: 2 N.Y.S.D.O.T. ELIGIBLE FACTOR: B. DIRECT EXPENSES: 1 AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: 2 N.Y.S.D.O.T. ELIGIBLE FACTOR: TOTAL FIXED FEE NYSDOT AGREEMENT AMOUNT ELIGIBLE & FAA COST ELIGIBLE COST -------------- ---------------- $35,593.00 $33,093.00 $7,000.00 15% (OF III.A.) 15% (OF III.B.) $4,964.00 $7,000.00 $5,339.00 15% (OF IV.) $1,050.00 1.5% (OF IV.) $105.00 ---------------------------- ---------------------------- $5,069.00 56,389.00 -------------- -------------- -------------- -------------- VI. TOTALS: A. ESTIMATE OF MAXIMUM TOTAL COST FOR DESIGN SERVICES, NYSDOT ELIGIBLE: $45,162.00 B. ESTIMATE OF MAXIMUM TOTAL COST FOR DESIGN SERVICES, AGREEMENT TOTAL & FAA ELIGIBLE: RUNWAY 7-25 OVERLAY Page 2 &48,982.00 SCHEDULE C CALOCERINOS & SPINA ENGINEERS, P.C. 1020 SEVENTH NORTH STREET LIVERPOOL, NEW YORK 13088 ESTIMATED ALLOWABLE OVERHEAD FYE 12/31/92 DOLLARS MULTIPLIER SALARY OVERHEAD (PAYROLL BURDEN) Vacation & Holiday Pay 531,200.00 0.114 Sick & Personal Pay 161,775.00 0.035 FICA Taxes 570,000.00 0.122 Unemployment Taxes 45,000.00 0.010 Workmen's Compensation Insurance 29,000.00 0.006 Group Insurance 490,000.00. 0.105 Bonus 25,000.00 0.005 Miscellaneous Employee Benefits 115,000.00 0.025 Payroll Preparation 6.000.00 0.001 TOTAL 1,972,975.00 0.422 GENERAL & ADMINISTRATIVE OVERHEAD Indirect Labor 966,600.00 0.207 Clerical & Administrative 901,700.00 0.193 Project Development 745,400.00 0.159 Meeting, Conventions & Education 90,000.00 0.019 Office Supplies & Expenses 290,000.00 0.062 Field Supplies 36,000.00 0.008 Insurance 325,000.00 0.070 Depreciation 255,000.00 0.055 Rent 515,000.00 0.110 Utilities & Maintenance 162,450.00 0.035 Telephone 105,000.00 0.022 Auto Expenses 43,000.00 0.009 Dues & Fees 65,000.00 0.014 Legal & Accounting Expenses 165,000.00 0.035 Miscellaneous 0.00 0.000 TOTAL 4,665,150.00 0.998 TOTAL ALLOWABLE OVERHEAD 6,638,125.00 1.420 TOTAL DIRECT LABOR 4,675,000.00 1.000 END OF SCHEDULE air\7:UG210 9.11.91 SCHEDULE D Mr. Philip Brito, Manager Federal Aviation Administration New York Airports District Office 181 South Franklin Avenue - Room 305 Valley Stream, New York 11581 Re: Fishers Island -Elizabeth Field Airport Subj: Airport Consultant Selection for Runway 7-25 Overlay Dear Mr. Brito: The Town of Southold has selected the firm of Calocerinos & Spina'Engineers, P.C. to provide professional services for the proposed bituminous overlay of Runway 7-25 at Elizabeth Field Airport. To the best of our knowledge, the qualifications based selection procedure used in selecting Calocerinos and Spina complies with the intent of Advisory Circular 150/5100-14A (latest version). The firm was chosen after careful consideration of its qualifications and those of other professional firms. C&S has demonstrated by past performance, its capability to successfully complete a wide variety of airport development projects including planning, design, construction inspection and other related services. The firm possesses the necessary professional staff, technical resources, financial capability, experience and understanding of the work anticipated to complete it within the time allocated. The President and Engineer In Charge are Registered Professional Engineers in the State of New York. Very truly yours, TOWN OF SOUTHOLD Scott L. Harris Supervisor SLH Jmc Enclosure cc: Calocerinos & Spina Engineers, P.C. END OF SCHEDULE a6\7AAG210 9.11.91 SCHEDULE E (RESOLUTION TO BE INSERTED) air\7:\AG210 9.11.91 SCHEDULE F ENGINEER'S REPORT GENERAL CONTENTS SECTION I - INTRODUCTION A paragraph or so generally including the following: A. Airport location, owner, operator, brief history. B. Type of airport, classification, airplane design group. C. Based aircraft, aircraft operations, enplanements. 1.01 Proposed Development Generally includes: A. A brief explanation of the scope of the proposed improvement. B. How project fits in with present and future development of the airport as shown on ALP. 1.02 Purpose and Scope of Report Generally includes: A. Purpose of report. B. Contents of report (i.e., basis of design, cost estimates, recommendations, development of alternative improvements, etc.). 1.03 Scope of Professional Services Generally includes: A. List of professional services to be provided (i.e., survey, visual inspection, pavement design, report preparation, etc.). 1.04 Airside Facilities Generally includes: A. Description of existing airside facilities. B. Reference to General Plan. 1.05 Environmental Considerations (Use Standard) 1.06 Safety Considerations (Use Standard) •vV:UC210 9.11.91 SECTION 2 - GEOTECHNICAL au\7:48210 General paragraph to include: A. Geotechnical testing setup in accordance with FAA AC. B. When conducted. C. Purpose and contents of section. 2.01 Subsurface Investigation Generally includes: A. Description of subsurface investigation program. B. What the investigation included. C. Who performed the testing. D. Reference boring plan. 2.02 Laboratory Testing Generally includes: A. Type and number of laboratory tests to be conducted. B. Testing standards followed. 2.03 Findings Generally includes: A. Results of geotechnical investigation. B. Subgrade soils. C. Ground water conditions. D. Frost conditions. E. Subgrade density and strength. 2.04 Conclusions and Recommendations Generally includes: A. Existing pavement section. B. Subgrade limiting soil type, compaction, CBR. C. Subgrade frost susceptibility. D. Need for underdrains, stabilization fabric, drainage improvements. E. Special construction methods required. F. Reference to Appendix for data. -2- 9.11.91 SECTION 3 - BASIS OF DESIGN air\7A&g210 General paragraph to include: A. Purpose and contents of section. B. Reference to FAA AC (General). 3.01 Construction History Generally includes: A. History of airport pavement to be overlayed (i.e., initial pavement section, overlays, maintenance efforts, etc.). B. Graphic showing different pavement types, Figure No. 4. 3.02 Existing Pavement Condition Generally includes: A. Discussion of existing pavement condition. B. Indication of pavement distress and severity. C. Possible figure showing location of the various pavement distresses. D. Indication of areas requiring reconstruction, or special repair. 3.03 Preparation of Existing Pavement Generally includes: A. Indication of repairs, type of crack sealing, and surface preparation required prior to the overlay. B. Indication if reflective crack membrane is to be used. 3.04 Overlay Design Generally includes: A. Aircraft mix. B. Selection of design aircraft. C. Determination of equivalent annual total departures by design aircraft. D. Design Data - design aircraft, maximum takeoff weight, landing gear configuration, equivalent annual departures, soil classification, subgrade CBR, subbase CBR. E. Existing pavement strength. F. Required pavement strength. G. Overlay design. -3- 9.11.91 3.05 Pavement Geometry Generally includes: A. Reference to FAA AC 150/5300-4B, "Utility Airports" or FAA AC 150/5300-12, "Airport Design Standards - Transport Airports". B. Pavement widths and lengths. C. Limits of overlay. 3.06 Surface Gradients Generally includes: A. Reference to FAA AC 150/5300-4B, "Utility Airports" or FAA AC 150/5300-12, "Airport Design Standards - Transport Airports". B. Proposed pavement longitudinal and transverse grades. C. Allowable grades (FAA AC). D. Refer to Figure No. 3. 3.07 Safety Areas Generally includes: A. Reference to FAA AC 150/5300-4B, "Utility Airports" or FAA AC 150/5300-12, "Airport Design Standards - Transport Airports". B. Required safety area, dimensions and grades. C. Proposed safety areas grades and dimensions. 3.08 Runway Grooving Generally includes: A. Purpose and justification for grooving. B. Area to be grooved. C. Dimensions of grooves. 3.09 Markings Generally includes: A. Refer to FAA AC 150/5340-1F, "Marking of Paved Areas On Airports". B. Type and color of markings to be applied. SECTION 4 - BID ALTERNATIVES AND COST ESTIMATES Generally includes: A. Purpose of section. air\7A.g210 -4- 9.11.91 4.01 Bid Alternatives Generally includes: A. Breakdown of how improvements are to be bid. B. Priority of improvements. 4.02 Cost Estimates Generally includes: A. Detailed cost estimates. B. Source of quantities and unit costs. 4.03 Project Cost Summary and Analysis Generally includes: A. Cost for various bids (i.e., base, alternate No. 1, Add -Ons). B. Alternate project cost combinations. C. Alternative project cost summary. APPENDICES A - Geotechnical Data B - Pavement Design Curves and Calculations C - Figures Figure No. 1 - General Plan Figure No. 2 - Boring Location Plan Figure No. 3 - Centerline Profile and Cross -Sections (Optional) Figure No. 4 - Existing Pavement Type & Section Plan (Optional) END OF SCHEDULE .ir\i:\rg= -5- 9.11.91 SCHEDULE G CERTIFICATION OF CONSULTANT I hereby certify that I am the Division Manager and duly authorized representative of the firm of Calocerinos & Spina Engineers, P.C., whose address is 1020 Seventh North Street, Liverpool, New York, and that neither I nor the above firm I here represent has: A. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Contract. B. agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services of any firm or person in connection with carrying out the Contract, or C. paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States' Department of Transportation, in connection with this Contract, involving participation of Airport Improvement Program (AIP) funds and is subject to applicable state and Federal laws, both criminal and civil. Date Ronald L. Peckham, P.E. Division Manager END OF SCHEDULE air\7:\AG210 9.11.91 SCHEDULE H AIRPORT AID PROGRAM There is set forth below the contract provision required by the regulations of the Secretary of Labor in Parts 5 and 5a of Title 29 of the Code of Federal Regulations. Section 152.55(a) requires sponsors to insert this provision in full in each construction contract. PROVISION REQUIRED BY THE REGULATIONS OF THE SECRETARY OF LABOR A. MINIMUM WAGES All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision(s) of the Secretary of Labor which is (are) attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision(s) shall be posted by the contractor at the site of the work in a prominent place where it (they) can be easily seen by the workers. For the purpose of this paragraph, contributions made or costs reasonably anticipated under Section I(b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Subparagraph 4 below. Also for the purpose of this paragraph, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period [29 CFR 5.5(a)(I)(i)]. 2. Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination(s) and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination(s), and a report of the action taken shall be sent by the SPONSOR to the FAA for approval and transmittal to the Secretary of Labor. In the event that the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for final determination [29 CFR 5.5(a)(1)(ii)]. 3. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof shall be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for determination 129 CFR 5.5(a) (1)(iii)]. 4. If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract. Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. B. WITHHOLDING: FAA FROM SPONSOR. Pursuant to the terms of the grant agreement between the United States and SPONSOR, relating to Airport Development Aid Project No. ,and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), the FAA may withhold or cause to be withheld from the SPONSOR so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the Contractor or any Subcontractor on the work the full amount of wages required by this Contract. In the event of failure to pay any laborer or mechanics, including any apprentice or trainee, employed or working on the site of the work all or part of the wages required by this Contract, the FAA may, after written notice to the SPONSOR, take such action as may be necessary to cause the suspension of any further payment or advance of funds until such violations have ceased 129 CFR 5.5(a)(2)]. C. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in Section l(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(w) (see Subparagraph 4 of Paragraph A above), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such oirWAAG210 9.11.91 benefits 129 CFR 5.5(x)(3)()]. The Contractor will submit weekly a copy of all payrolls to the SPONSOR for availability to the FAA as required by SS 152.59(x). The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this Contract and the Copeland regulations of the Secretary of Labor (29 CFR Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor, under 29 CFR 5.5(a)(1)(v) (see Subparagraph 4 of Paragraph A above), shall satisfy this requirement. The prime Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors. The Contractor will make the records required under the labor standards clauses of the Contract available for inspection by authorized representatives of the FAA and the Department of Labor, and will permit such representatives to interview employees during working hours on the job 129 CFR 5.5(a)(3)(ii)]. D. APPRENTICES AND TRAINEES 1. Apprentices. Apprentices will be permitted to work as such only when the are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in Subparagraph 2 of this Paragraph, or who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The Contractor or Subcontractor will be required to furnish to the SPONSOR written evidence of the registration of his program and apprentices as well as of the Appropriate ratios and wage rates, for the area of construction prior to using any apprentices on the contract work 129 CFR 5.5(a)(4)]. 2. Trainees. Trainees will be permitted to work as such when they are bona fide trainees employed pursuant to a program approved by the United States Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training and, where Subparagraph 3 of this Paragraph is applicable, in accordance with the provisions of Part 5a.29 CFR, Subtitle A. 3. Application of 29 CFR Part 5a. On contracts in excess of $10,0004he employment of all laborers and mechanics, including apprentices and trainees as defined in 29 CFR 5.2(c) shall be also be subject to the provisions of 29 CFR Part 5a. Apprentices and trainees shall be hired in accordance with the requirements of 29 CFR Parts 5a as set forth in Subparagraphs 4, 5, 6, 7, and 8 of this Paragraph. 4. Apprentice and Trainee Employment Requirements. a. The Contractor agrees: 1) That he will make a diligent effort to hire for the performance of the contract a number of apprentices or trainees, or both, in each occupation, which bears to the average number of the journeymen in that occupation to be employed in the performance of the contract the applicable ratio as determined by the Secretary of Labor; 2) That he will assure that 25 percent of such apprentices or trainees in each occupation are in their first year of training, where feasible. Feasibility here involves a consideration of the availability of training opportunities for first year apprentices, the hazardous nature of the work for beginning workers, excessive unemployment of apprentices in their second and subsequent years of training; and 3) That during the performance of the Contract he will, to the greatest extent possible, employ the number of apprentices or trainees necessary to meet currently the requirements of Subdivisions 1) and 2) of this Subparagraph. b. The Contractor agrees to maintain records of employment by trade of the number of apprentices and trainees, apprentices and trainees by first year of training, and of journeymen, and the wages paid and hours of work of such apprentices, trainees, and journeymen. The Contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal Aviation Administration. C. The Contractor who claims compliance based on the criterion stated in (Subdivision 5 b. of this Paragraph) agrees to maintain records of employment, as described in Subdivision b. of this Paragraph on non -Federal and non - Federally assisted construction work done during the performance of this contract in the same labor market area. air\7AAG210 u-2 9.11.91 The Contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal Aviation Administration. The Contractor agrees to supply one copy of the written notices required in accordance (with Subsection 5 c.) at the request of Federal Aviation Administration compliance officers. The Contractor also agrees to supply at three-month intervals during performance of the Contract and after completion of contract performance a statement describing steps taken toward making a diligent effort and containing a breakdown by craft, of hours worked and wages paid for first year apprentices and trainees, other apprentices and trainees, and journeymen. One copy of the statement will be sent to the Federal Aviation Administration, and one to the Secretary of Labor. e. The Contractor agrees to insert in any Subcontract under this contract the requirements contained (n this Subdivision 4). Subparagraphs 5, 6, 7, and 8 shall also be attached to each such Contract for the information of the Contractor. The term "Contractor" as used in such clauses in any Subcontract shall mean the Subcontractor. 5. Criteria for Measuring Diligent Effort. A Contractor will be deemed to have made a "diligent effort" as required by Subparagraph 4 of this Paragraph if during the performance of his Contract he accomplishes at least one of the following three objectives: The Contractor employees on this project a number of apprentices and trainees by craft as required by the Contract clause at least equal to the ratios established in accordance with Subparagraph 6 of this Paragraph. b. The Contractor employs, on all his public and private, construction work combined in the labor market area of this project, an average number of apprentices and trainees by craft as required by the contract clauses, at least equal to the ratios established in accordance with Subparagraph 6. 1) Before commencement of work on the project, the Contractor, if covered by a collective bargaining agreement, will give written notice to all joint apprenticeship committees: the local United States Employment Security Office; local chapter of the Urban League (Workers Defense League) or other local organization concerned with minority employment; and the Bureau of Apprenticeship and Training Representative, United State Department of Labor, for the locality. The Contractor, if not covered by a collective bargaining agreement, will give written notice to all the groups stated above except joint apprenticeship committees; this Contractor also will notify all non joint apprenticeship sponsors in the labor market area. 2) The notice will include at least the Contractor's name and address, the jobsite address, value of contract, expected starting and completion dates, the estimated average number of employees in each occupation to be employed over the duration of the Contract, and a statement of his willingness to employ a number of apprentices and trainees at least equal to the ratios established in accordance with Subparagraph 6. 3) The Contractor must employ all qualified applicants referred to him through normal channels (such as the Employment Service, the Joint Apprenticeship Committees and, where applicable, minority organizations and apprentice outreach programs who have been delegated this function) at least up to the number of such apprentices and trainees required by the applicable provision of Subparagraph 6. 6. Determination of ratios of Apprentices or Trainees to Journeymen. The Secretary of Labor has determined that the applicable ratios of apprentices and trainees to journeymen in any occupation shall be as follows: a. In any occupation the applicable ratio of apprentices and trainees to journeymen shall be equal to the predominant ratio for the occupation in the area where the construction is to be undertaken, set forth in collective bargaining agreements or other employment agreements, and available through the Regional Manager for the Bureau of Apprenticeship and Training for the applicable area. b. For any occupation for which no such ratio is found the ratio of apprentices and trainees to journeymen shall be determined by the Contractor in accordance with the recommendations set forth in the standards of the National Joint Apprentice Committee for the occupation, which are filed with the United States Department of Labor's Bureau of Apprenticeship and Training. For any occupation for which no such recommendations are found, the ratio of apprentices and trainees to journeymen shall be at least one apprentice or trainee for every five journeymen. 7. Variations, Tolerances, and Exemptions. Variations, tolerances, and exemptions from any requirement of this Part with respect to any Contract or Subcontract may be granted when such action is necessary and proper in the public interest, or to prevent injustice, or undue hardship. A request for a variation, tolerance, or exemption may be made in writing by any interested person to the Secretary, United States Department of Labor, Washington, D.C. 20210. 8. Enforcement. a. The FAA shall insure that the Contract clauses required by Subdivision 4 a. of this Paragraph are inserted in every Federal or Federally assisted construction contract subject thereto. For assistance programs for construction work au\7:UG210 H-3 9.11.91 for which it does not contract directly, the FAA shall promulgate regulations and procedures necessary to insure that contracts for the construction work subject to Subdivision 4 of this Paragraph D will contain the clauses required thereby. Enforcement activities, including the investigation of complaints of violations, to assure compliance with the requirements of this Part, shall be the primary duty of the FAA. 'Me Department of Labor will coordinate its efforts with the FAA, as may be necessary to assure consistent enforcement of the requirements of this Part. Enforcement of these provisions shall be in accordance with 29 CFR 5.6. E. COMPLIANCE WITH COPELAND REGULATIONS. The Contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference (29 CFR 5.5(a)(5)). F. OVERTIME REQUIREMENTS. No Contractor or Subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek unless such laborer or mechanic received compensation at a rate not less than 1 1/2 times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek, as the case may be (29 CFR 5.5(c)(1)). G. VIOLATIONS; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. in the event of any violation of Paragraph F of this provision, the Contractor and any Subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed, with respect to each individual laborer or mechanic employed in violation of said Paragraph F of this provision, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by said Paragraph F of this Provision (29 CFR 5.5(c)(2)). H. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES, AND PRIORITY OF PAYMENT. The FAA may withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or Subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in Paragraph G of this Provision (29 CFR 5.5(c)(3)). In the event of failure or refusal of the Contractor or any Subcontractor to comply with overtime pay requirements of the Contract Work Hours and Safety Standards Act, if the funds withheld by the FAA for the violations are not sufficient to pay fully both the unpaid wages due laborers and mechanics and the liquidated damages due the United States, the available funds shall be used first to compensate the laborers and mechanics for the wages to which they are entitled (or an equitable portion thereof when the funds are not adequate for this purpose); and the balance, if any, shall be used for the payment of liquidated damages (29 CFR 5.14(d)(2)). 1. WORKING CONDITIONS. No Contractor may require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1518;36 F.R. 7340) issued by the Secretary of Labor. I SUBCONTRACTS. The Contractor will insert in each of his subcontracts the clauses contained in Paragraphs A through K of this provision, and also a clause requiring the Subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made (29 CFR 5.5(a)(6), 5.5(c)(4)). K. CONTRACT TERMINATION; DEBARMENT. A breach of Paragraphs A through J of this provision may be grounds for termination of the contract. A breach of Paragraphs A through E and I may also be grounds for debarment as provided in 29 CFR 5.6 of the regulations of the Secretary of Labor (29 CFR 5.5(a)(7)). END OF SCHEDULE air\7AAG210 H-4 9.11.91 SCHEDULE I LABOR LAW AND NON-DISCRMNATION REQUIREMENTS LABOR LAW REQUIREMENTS. The Consultant Subcontractor specifically agrees, as required by the Labor Law, Section 220, 220-4 and 220-e, as amended, that the execution of this Agreement binds him to the following specific agreements: A. No laborer, worker or mechanic in the employ of the Consultant Subcontractor, Subcontractor or other person doing or contracting to do the whole or part of the work included in this Agreement shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week in the performance of work included in this Agreement except in the emergencies set forth in the Labor Law; B. The wages (including supplements) paid for a legal day's work shall not be less than the prevailing rate of wages (including supplements) as defined by Law; C. The minimum hourly rate of wages (including supplements) to be paid shall not be less than that designated by the Industrial Commissioner; D. The minimum hourly supplements to be aid shall be in accordance with the prevailing practices in the locality where the Project is located and shall be not less than those designated by the Industrial Commissioner. Supplements as defused in Section 220 of the Labor Law, as amended, mean all remuneration for employment paid in any medium other than cash or reimbursement for expenses or any payments which are not wages within the meaning of the Law, including but not limited to health, welfare, non- occupational disability, retirement, vacation benefits, holiday pay and life insurance; E. The Labor Law provides that the Agreement may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than; The stipulated wage scale (including supplements) as provided in the Labor Law, Section 220, Subdivision 3, as amended, or The stipulated minimum hourly scale (including supplements) as provided in the Labor Law, Section 220-4, as amended; F. The Consultant Subcontractor specifically agrees as required by the provisions of Labor Law, Section 220-e, as amended, that: I . In the hiring of employees for the performance of work under the Agreement of any Subcontract hereunder, no Consultant Subcontractor, Subcontractor or any person acting on behalf of such Consultant Subcontractor or Subcontractor shall, by reason of race, creed, sex, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. 2. No Consultant Subcontractor, Subcontractor or any person on his behalf, shall in any manner discriminate or intimidate any employee hired for the performance of work under the Agreement on account of race, creed, sex, color or national origin. 3. There may be deducted from the amount payable to the Consultant Subcontractor by the Consultant under the Agreement a penalty of five dollars for each person for each calendar day during which such person was discriminated against of intimidated in violation of the provisions of the Agreement. 4. The Agreement may be canceled or terminated by the Consultant and all monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this Section of the Agreement. Additional Federal Labor Law provisions are contained in the attached Appendix. nir\7AAG210 9.11.91 y NON-DISCRIMINATION REQUIREMENTS. During the performance of this Contract, the Consultant Subcontractor agrees as follows: A. The Consultant Subcontractor shall not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin, and shall take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Such action shall be taken with reference to, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. B. The Consultant Subcontractor shall send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice to be provided by the State Division of Human Rights, advising such labor union or representative, of the Consultant Subcontractor's Agreement under Clauses A. through G. (hereinafter called 'non-discrimination clauses"). If the Consultant Subcontractor was directed to do so by the contracting agency as part of the bid or negotiation of this Agreement, the Consultant Subcontractor shall request such labor union or representative to furnish it with a written statement that such labor union or representative shall not discriminate because of race, creed, sex, color, or national origin and that such labor union or representative shall affirmatively cooperate within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Agreement shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with a request that it furnish such a statement, the Consultant Subcontractor shall promptly notify the State Division of Human Rights of such failure or refusal. C. The Consultant Subcontractor shall post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights setting forth the substance of the provision of clauses (a) and (b) and such provisions of the State's laws against discrimination as the State Commissioner of Human Rights shall determine. D. The Consultant Subcontractor shall state, in all solicitations or advertisements for employees placed by or on behalf of the Consultant Subcontractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. E. The Consultant Subcontractor shall comply with the provision of Section 291-299of the Executive Law and Civil Rights Law, shall furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these non-discrimination clauses and such sections of the Executive Law, and shall permit access to its books, records and accounts by the State Commissioner of Human Rights, the attorney General and Industrial Commissioner for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and the Civil Rights Law. F. This Agreement may be forthwith canceled, terminated or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the State Commissioner of Human Rights that the Consultant Subcontractor has not complied with these non-discrimination clauses, and the Consultant Subcontractor may be declared ineligible for future Agreements made by or on behalf of the State or a public authority or agency of the State, until he satisfies the State Commissioner of Human Rights that he has established and is carrying out a program in conformity with the provision of these non-discrimination clauses. Such findings shall be made by the State Commissioner of Human Rights after conciliation efforts by the State Division of Human Rights have failed to achieve compliance with these non-discrimination clauses and after a verified compliant has been filed with the State Division of Human Rights, notice thereof has been given to the Consultant Subcontractor, and an opportunity has been afforded him to be heard publicly before the State Commissioner of Human Rights or his designee. Such sanctions may be imposed and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by Law. airk?AAG210 END OF SCHEDULE 1-2 9.11.91 SCHEDULE J "In accordance with Chapter 406 of the Laws of 1981, the Contractor hereby promises, asserts and represents that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating or shall participate in an international boycott in violation of the provisions of the United States Export Administration Act of 1969, as amended, or the United States Export Administration Act of 1979,or the effective Regulations of the United States Department of Commerce promulgated under either Act. "It is understood further that the Sponsor in awarding a contract does so in material reliance upon the promise and representation made by the Contractor in the foregoing paragraph and that such contract shall be rendered forfeit and void by the State Comptroller if subsequent to the bid execution date, the Contractor or such owned or affiliated person, firm, partnership or corporation has been convicted of a violation of the aforesaid Acts or Regulations or has been found upon final determination of the United States Commerce Department or any other appropriate agency of the United States to have violated such Acts or Regulations. "The Contractor agrees to and shall notify the Commissioner of Transportation and the Director of the Bureau of Contracts and State Expenditures in the Department of Audit and Control of any such conviction or final determination of violation within five days thereof." END OF SCHEDULE ait17:\AG210 9.11.91 Ria 411ED To: Mr. Philip Brito Manager Federal Aviation Administration N.Y. Airports District Office 181 South Franklin Avenue Valley Stream, New York 11581 Attention: Enclosed please find the following: Re: Fishers Island Airport FY92 Final Application Runway 7-25 Overlay (Design) File: 211 Date: 03 -Sep -92 - Six copies of the Final Application for Federal Assistance for the above proposed project for your review and processing. Remarks: If you have any questions or need additional information, please do not hesitate to contact us. Enclosures cc: Mr. R. Philip Knauff Mr. James Kuzloski (w/encl) Mr. Robert Michaud (w/encl) Ms. Judith T. Terry CALOCERINOS & SPINA ENGINEERS, P.C. S�iei 1 a M. Farl ey Grants Administrator r3 U.S. Department of Transportation Federal Aviation Administration . AJJi, Mr. Scott L. Harris Jf�. V" A 181 �. 9-wAtt-n. ", ORM. X5 9iAt 8,w,, ny 11581 Superintendent, Town of Southold REe..HVED, Main Road Southold, New York 11971 A" J1°; Dear Mr. Harris:1..a Elizabeth Field Airport - Engineering Design =or runway 7-25 Overlay Reference is made to a letter from your consultant, Calocerinos & Spina, dated August 26, 1992 transmitting Engineering Design Agreement for the subject project. We have reviewed this agreement and have no comments to offer. If you have no objections, please execute this agreement and send us a copy for our files. Concurrently, we suggest that you prepare a project application and send us six (6) copies so that they are available if grant monies become available, before September 30, 1992. Also you must submit a written estimate of the proposed construction of the Overlay of Runway 7-25 project. If you have any questions, please call at 516-295-9343. Sincerely, Dan Vornea Airport Engineer Enclosure JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 31, 1992 Sheila M. Farley Grants Administrator Calocerinos 8 Spina Engineers, P.C. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Fishers Island Airport FY92 Final Application Runway 7-25 Overlay (Design) Dear Ms. Farley: Transmitted herewith are nine (9) executed copies of the Final Application for Runway 7-25 Overlay (Design) at Elizabeth Field Airport, Fishers Island, New York. Please note that these applications were sent to Phil Knauff at Fishers Island under date of August 21st. He received them on August 24th, and then had to turn around and mail them to me, and I did not receive them until late in the day on August 28th (Friday). I was unable to get the Supervisor's signature until late in the day on August 31st. Therefore they are not leaving in the mail to you until September 1st. Perhaps in the future, as we have discussed in the past, if you wish to expedite documents of this nature, you might consider sending one copy to Mr. Knauff for his information, and the remainder of them directly to me. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (9) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 8, 1992: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an Application for Federal Assistance to the New York State Department of Transportation, Federal Aviation Administration, for Runway 7-25 Overlay (Design) at Elizabeth Field Airport, Fishers Island, New York, all in accordance with the preparation of same by the Town's engineers for the project, Calocerinos Spina Engineers, P.C. Judith T. Terry Southold Town Clerk September 9, 1992 3 CS RECEIVED AUG 2 A 1992 :z To: Mr. R. Philip Knauff Manager Fisher's Island Ferry District P.O. Box H Fisher's Island, New York 06390 Attention: Enclosed please find the following: Re: Fishers Island Airport FY92 Final Application Runway 7-25 Overlay (Design) File: 211 Date: 21 -Aug -92 - Ten copies of the Final Application for Federal Assistance for the above referenced project. Remarks: Please have Mr. Scott Harris sign nine copies of the Final Application, on the pages indicated, for further distribution to the appropriate agencies. It is most critical that these applications be returned to me no later than August 28, 1992 so that we may comply with the FAA guidelines. Please keep one copy for your files. If you have any questions or need additional information, please do not hesitate to contact us. CALOCERINOS & SPINA ENGINEERS, P.C. Enclosures cc: ." Sheila M. Farley Grants Administrator AII1I71I InAT1P%&1 r�rA OMB Approval No. 0348-0043 r-%§ 1 L-1vr1I 1V1V rVl"l 2. DATE SUBMITTED Applicant entl of FEDERAL ASSISTANCE 08/19/92 211 1. TYPE OF SUBMISSIONt A PIAMdon �aPP a 3. DATE RECEIVED BY STATE State Applicant Identifier XL1 Construction Construction Non -Construction � Non -Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier S. APPLICANT INFORMATION Legal Nam.: Organizational Unit: Town of Southold Fishers Island Ferry District Addraes (ghv dy, county, araar, and Zo code) Name and telephone number of the person to be contacted on matters involving Suffolk County this application (9" area coda) Town Hall, 53095 Main Road P.O. Box 1179 R. Philip Knauff Southold, New York 11971 (516) 788-7463 0. EMPLOYER IDENTIFICATION NUMBER (EIN): 1 1 1— 6 0 0 1 3 1 3 0 7 7. TYPE OF APPLICANT: (antw apWapdata I~ ki bQ4 Lui A. State H. Independent School Dist B. County 1. State Controlled Institution of Higher Learning C. Municipal J. Private University 8. TYPE OF APPLICATION: © New Continuation � Revision D. Township K Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Profit Organization If Revision, enter appropriate letter(s) in box(ee)o 1:1 G. Special District N. Other (Specify) A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration Other (Specify): s. NAME OF FEDERAL AGENCY: Federal Aviation Administration New York Airports District Office 10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ASSISTANCE NUMBER 2 0 0 1 0 6 TITLE Airport Improvement Program (AIP) RUNWAY 7-25 OVERLAY (Design) 12- AREAS AFFECTED BY PROJECT (dWa, counties, etafaa, elm k Fishers Island 13. PROPOSED PROJECT: 14. COMORESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 2nd 2nd 15. ESTIMATED FUNDING: IS. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. YES THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE a Federal $ .00 STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON b Applicant $ .00 SAI #42127 - 3/13/92 DATE c State $ .00 b. NO F] PROGRAM IS NOT COVERED BY E.O. 12372 d Local $.00 E] OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e Other $ .00 1 Program Income $ .00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g TOTAL $ .00 Yes if 'Yes,' attach an explanation. ® No 18 TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a Typed Name of Authorized Representative b Title c Telephone number Scott L. Harris Town Supervisor (516) 765-1800 d Signature of Authorized Representative a Date Signd AUG 11 1992 Previous Editions No�t,Usable 7._ ..._.-._ I tk;— Ard Form 424 (REV 4-88) Prerw *1,%gf1 by OME; Circular A-102 Authorized for Local Reproduction DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Name of Governing Body Priority Rating Item 2. Does this assistance request require State, or local Name of Agency or advisory, educational or health clearances? Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse (Attach Comments) review in accordance with OMB Circular A-95? --& _Yes No Item 4 Does this assistance request require State, local Name of Approving Agency regional or other planning approval? Date Yes X No item 5. Is the proposed project covered by an approved comprehensive plan? _-A—Yes No OMB NO. 43-R0528 Check one: State [ j Long Island Local [X] Regional Planning Regional [ ] Board Location of plan Item 6. Will the assistance requested serve a Federal Name of Federal Installation Installation? Yes X No Federal Population benefiting from Project Item t. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land Yes X No Percent of Project item U. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. Yes _XNo nern U. Number of Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses Yes X No Farms le111 IV. - - Is there other related Federal assistance on this See instruction for additional information to be project previous, pending, or anticipated? provided. Yes _XNo FAA Form 5100-100 (6-73) Supersedes FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 PART II -SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible land Use. -The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Elizabeth Feld is surrounded on three sides by water, thus runway clear zone areas are over water. The community adjacent to the airport property is a residential vacation area with limited commercial activity. 2. Defaults. -The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: NONE 3. Possible Disabilities. -There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: NONE 4. Land. -(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "All: PARCEL NO. 1 - Fee Simple Title *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. Page 3a 211/1/1/91 DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of Land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": NONE (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land"' which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": NONE 5. Exclusive Rights. -There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: NONE 'State character of property interest in each area and list and identify for heach all exceptions, encumb interests of every kind and nature, including liens, easements, learances, and adverse ses, etc. The separate areas of land need only be identified here by te area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b 211/1/1/91 OMB Approved No. 0348-0041 BUDGET INFORMATION --Construction Programs NOTE., Certain Federal assistance programs require additional computations to arrive at the Federal share ofproject costs eligible for participation. If such is the case you will be notified. Standard Form 414u (4-sttl Prescribed by OMB Circular A-102 Authorized for Local Reproduction COST CLASSIFICATION a. Total Cost b. Costs Not Allowable for Participation c. Total Allowable Costs (Column a -b) 1. Administrative and legal expenses $ $2,018 .00 $ .00 $ $2,018 .00 2. Land, structures, rights-of-way, appraisals, etc. $ .00 $ .00 $ .00 3. Relocation expenses and payments $ .00 $ .00 $ .00 4. Architectural and engineering fees $ $48,982 .00 $ .00 $ $48,982 .00 5. Other architectural and engineering fees $ .00 $ .00 $ .00 8. Project Inspection fees $ .00 $ .00 $ .00 7. Site work $ .00 $ .00 $ .00 8. Demolition and removal $ .00 $ .00 $ .00 9. Construction $ .00 $ .00 $ .00 10. Equipment $ .00 $ .00 $ .00 11. Miscellaneous AUDIT $ .00 $ .00 $ .00 12. SUBTOTAL $ $51,000 .00 $ .00 $ $51,000 .00 13. Contingencies (sum of lines 1-11) $ .00 $ .00 $ .00 14. SUBTOTAL $ $51,000 .00 $ .00 $ $51,000 .00 15. Project (program) income $ .00 $ .00 $ 00 18. TOTAL PROJECT COSTS (subtract #15 from #14) $ $51,000 .00 $ .00 $ $51,000 .00 FEDERAL FUNDING 17. Federal assistance requested, calculate as follows: Enter eligible costs from line 18c Multiply x 90% (Consult Federal agency for Federal percentage share). RUNWAY 7-25 OVERLAY (Design) Enter the resulting Federal share os/rwa2 err $Jr9UU 00 Standard Form 414u (4-sttl Prescribed by OMB Circular A-102 Authorized for Local Reproduction DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION OMB NO. 60—RO184 PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 1. Federal Domestic Assistance Catalog No .................. 20.106 2. Functional or Other Breakout ........................... SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (—) 1. Administration expense $ $ $ $2,018 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees $48,982 5. Other architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous AUDIT 14. Total (Lines 1 through 13) $51,000 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) $51,000 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) $51,000 20. Federal Share requested of Line 19 $45,900 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 S 21) $45,900 23. Grantee share 24. Other shares 25. Total project (Lines 22, 23 & 24) $ $ 7 $ $1,275 $3,825 $51,000 FAA Form 5100-100 (6_73) SUPERSEDES FAA FORM 5100 —10 PAGES 1 THRU Page 4 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION SECTION C — EXCLUSIONS Classification 26 Ineligible for Participation Excluded from Contingency Provision (2) a. $ $ b. C. d. e. f. 9- Totals Is $ SECTION D — PROPOSED METHOD OF FINANCING NON—FEDERAL SHARE 27 Grantee Share a. Securities b. Mortgages C. Appropriation (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 2.50 $1,275 28. Other Shares a. State 7.50% $3,825 b. Other c. Total Other Shares 29. TOTAL $5,100 SECTION E — REMARKS PART IV PROGRAM NARRATIVE (Attach—See Instructions) FAA Form 6100-100/a-T313ljvcnecncccsscn Page 5 CAA Ar 79-n"l OMB Approved No. 0348-0042 ASSURANCES — CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in the application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instruction from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifica- tions and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728- 4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.R.F. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 10. .Will comply with all Federal statues relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686) which prohibits discrimination on the basis of sex (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended, relating to non-discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality to alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other non- discrimination provisions in the specific statute(s) under which application for Federal assistance is being made, and 0) the requirements on any other non-discrimination Statute(s) which may apply to the application. Standard Form 424D (4-88) 11. Will comply, or has already compiled, with the Environmental Policy Act of 1969 (P.L. 91 - Town Supervisor requirements of Titles II and III of the Uniform 190) and Executive Order (EO) 11514; (b) APPLICANT ORGANLI�TION ' Relocation Assistance and Real property notification of violating facilities pursuant to 08/19/92 Acquisitions Policies Act of 1970 (P.L. 91-646) EO 11738; (c) protection of wetlands pursuant which provides for fair and equitable treatment to EO 11990; (d) evaluation of flood hazards of persons displaced or whose property is in floodplain in accordance with EO 11988; acquired as a result of Federal and federally (e) assurance of project consistency with the assisted programs. These requirements apply to approved State management program all interests in real property acquired for project developed , under the Coastal Zone purposes regardless of Federal participation in Management Act of 1972 (16 U.S.C. §§ 1451 purchases. et. seq.); (f) conformity of Federal action to State (Clean Air) Implementation Plans under 12. Will comply with the provisions of the Hatch Section 176(c) of the Clean Air Act of 1955, Act (5 U.S.C. §§ 1501-1508 and 7324-7328) as amended (42 U.S.C. § 7401 et seq.); (g) which limit the political activities of employees protection of underground sources of drinking whose principal employment activities are water under the Safe Drinking Water Act of funded in whole or in part with Federal funds. 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the 13. Will comply, as applicable, with the provisions Endangered Species Act of 1973, as amended, of the Davis -Bacon Act (40 U.S.C. §§ 276a to (P.L. 93-205). 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), the Contract Work Hours 16. Will comply with the Wild and Scenic Rivers and Safety Standards Act (40 U.S. §§ 327-333) Act of 1968 (16 U.S.C. §§ 1271 et seq.) regarding labor standards for federally assisted related to protecting components or potential construction subagreements. components of the national wild and scenic rivers system. 14. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood 17. Will assist the awarding agency in assuring Disaster Protection Act of 1973 (P.L. 93-234) compliance with Section 106 of the National which requires recipients in a special flood Historic Preservation Act of 1966, as amended hazard area to participate in the program and to (16 U.S.C. 470), EO 11593 (identification and purchase flood insurance is the total cost of preservation of historic properties), and the insurance construction and acquisition is Archaeological and Historic Preservation Act $10,000 or more. of 1974 (16 U.S.C. 469a-1 et seq.) 15. Will comply with environmental standards which 18. Will cause to be performed the required may be prescribed pursuant to the following: (a) financial and compliance audits in accordance institution of environmental quality control with the Single Audit Act of 1984. measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive 19. Will comply with all applicable requirements Order (EO) 11514; (b) of all other Federal laws, Executive Orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL. TITLE Town Supervisor APPLICANT ORGANLI�TION ' DATE SUBMITTED Town of Southold 08/19/92 Fishers Island Ferry District SF 424D (4-88) Back 3/1/91 CHECKLIST FOR ENVIRONMENTAL IMPACTS AIRPORT IMPROVEMENT PROGRAM AIRPORT: Fisher Island Airport PROJECT DESCRIPTION: Runway 7-25 Overlay (Design) V-19 In order for the FAA to determine the appropriate course of action, it is necessary that the proposed action is not likely to: a. Have an effect that is not minimal on properties protected under Section 106 of the Historic Preservation Act of 1966, as amended, or Section 4(f); b. Be controversial on environmental grounds. A proposed Federal action is considered highly controversial when the action is opposed by a Federal, state or local government agency or by a substantial number of persons affected by such action on environmental grounds; C. Have a significant impact on natural, ecological, cultural, or scenic resources of national, state, or local significance, including endangered species, wetlands, floodplains, coastal zones, prime or unique farmland, energy supply and natural resources, or resources protected by the Fish and Wildlife Coordination Act; d. Be highly controversial with respect to the availability of adequate relocation housing. In an action involving relocation of persons or businesses, a controversy over the amount of the acquisition or relocation payments is not considered to be controversy with respect to the availability of adequate relocation housing. e. Cause substantial division or disruption of an established community, or disrupt orderly, planned development, or is likely to be not reasonably consistent with plans or goals that have been adopted by the community in which the project is located; f. Cause a significant increase in surface traffic congestion; g. Have a signification impact on noise levels of noise sensitive areas; h. Have a significant impact on water quality or contaminate a public water supply system; 3/1/91 V-20 i. Have a significant impact on air quality or violate the local, state or Federal standards of air quality; j. Be consistent with a Federal, state, or local law or administrative determination relating to the environment. Scott Harris Town Supervisor Town of Southold AUG 31 1992 Date STATE CLEARINGHOUSE NYS Division of the Budget State Capitol, Albany, NY 12224 fS1R1 d7d-iFnC ;AI# 42127 -Airport Improvements - R/W 12-30 rehab. R/W 7-25 Rehab., apron & access taxiway Elizabeth Field Airport, Southold, Suffolk County Sheila M. Farley Calocerinos & Spina 1020 Seventh North Street Liverpool, NY 13088 Dear Applicant: The State Clearinghouse has submitted a summary of your proposed federal funding application, identified above, to the State & local review agencies participating in the New York Intergovernmental Review Process. No review agency has objected to, or commented on, your proposed project as described. The review, therefore, is complete; and you may submit this clearance letter to the federal grantor agency as evidence that you have complied with the procedures set up under Presidential Executive Order 12372. If a substantial change is made in the nature or magnitude of the project, kindly submit a revised project notification to us and the the appropriate areawide clearinghouse. Z,on; Island ROLTIDzlal Planning Boarrl PROJECT NOTIFICATION AND REVIEW SYSTEM APPLICANT: ADDRESS:TON14 H811, r. d ',7.Y. 11971 RESPONSIBLE OFFICER: CONTACT PERSON: % .,M,.t PROJECT TITLE: c _ r14 .,..s,at-h r.1i+hPTt4 TS1 d FED. CAT. No.: ir rC. OF YL1CA1'I0iY: New a.: TO THE APPLICANT: LIRPB No.:- sr, nr, DATE NOI REC'D:_ Z/fi/`I2 El Continuation U Other Your application has been sent to the following agencies and elected officials; George'Gatta Jr Deputy Cty. Exec. Hon. Bill Jones, S.C.Legislator Roberta 0. Hunter, S C Human Rights Tom Junor Commissioner Joseph Hurley, SCDPW u^" rt; r},aA1 r racciolo S C Legislator Comments: Those comments received are attached hereto. RECEIVED MAR 10 1992 XPJ Annlic?nt is CT rertEn t- p::.:e�L �e lc : the application process. Sou+n1d Tr,..., (7IPrk Applicant is NOT CLEARED to proceed with the application process. / Susan D. Windesheim. Clearinghouse AdmcnTtl ytnr .��. Pursuant to Executive Order 12372 this letter must be included as part of your final application as evidence that the Areawide Clearinghouse review of vour project has been compieted. This does not remove vour obligation to comply with anv other federal or Mate laws regarding the project. Thank you for vour cooperation. A95 -D Lee E. Ko H. Lee Dennison Executive p�� gutlding Di-ect n Veterans Memorial Highway, Hau g Executive Di-ector peau a N.Y. 11.88 Saturn D. Windeshelm (516) 853-5189 veonngnamuse Administrwor LonLT Isl�nrl Rcgi011al Planning BDaril PROJECT NOTIFICATION AND REVIEW SYSTEM APPLICANT ADDRESS: e RESPONSIBLE OFFICER: CONTACT PERSON: PROJECT TITLE: FED. CAT. No.: LIRPB No.: . 96 Z'ic-PE OF APPLICATION: �\tew ❑ Continuation ❑ Other. DATE NOI RECD: I TO:��r DATE ✓��Z Please review,the attached application and provide your comments on this form. Keep the application for your Files and return to LIRPB not later than March 1, in1992 in otnce terested parties in your area. you have any questions please call this (516) 853-4099. You may refer this notification to any other , 1. Do you foresee a conflict between this proposal and anv of vour Agency's projects or programs? (please !. explain) '?. Do you have any suggestions which will improve the effectiveness or maximize the benefit of this proposal? please explain) i 3. Do you have some other concerns requiring additional communication about this project:' I please explain)- 4. xplaini_4. Is a conference required to resolve your concern( s )'? �• Wat are your official comments on this project? Please check appropriate box. ® This agency has no objection to the project. ❑ This agencv requests that the LIRPB support this project. ❑ This agency requests that the LIRPB not support this project. AGENCY FFI.0 AL NL-�J ING',ABOVE COiMMENTS: AGENCYNA.tiIE: �� i .t C4,., nature " l �100C Title Dace i A95 -B Suffolki H F ..00 c. n.oppelman-------•• •-h•-RULwe vrnce tswiding Veterans Memonai 4igway, Hauppauge N.Y. 11788 Executive Director Susan D. Windesheim (516) 853-5189 Cleanngncuse Administrator t i t APPLICANT: Lon� Islaiicl Roo ionavPlanning Board PROJEC-T %'` :L J1 �' ATION AND REVIEW SYSTEM ADDRESS: Tewft Rall, 33009 lWo Ro-dl Bor 1179 Southold X V 11q71 RESPONSIBLE OFFICER: CONTACT PERSON: PROJECT TITLE: -o-- eke-;-Fisher''s lslafi FED. CAT. No.: LIRPB No.:s -e 86 DATE NOI REC'D:a TYPE OF APPLiCATIGN: L--�.lNew U Continuation ❑ Other i Pl files anti return to LIRPB not later than March 1 1992 If you have any questions please call this office (516) 853-4099. interested parties in your area. You may refer this notification to any other 1. Do you foresee a conflict between this proposal and any of your Agency's projects or programs? (please explain) I 3. Do you have any suggestions which will improve the effectiveness or maximize the benefit of this proposal.? 1 please explain) 3. Do you have some other concerns requiring additional communication about this project.' (please explain) - 4. Is a conference required to resolve your concerns s)? S. "hat -are your official cormheats on this project.? Please check appropriate box. This agency has no objection to the project. ❑ This agency requests that the LIRPB support this project. ❑ This agency requests that the LIRPB not support this project. AGENCY OFFICIAL1LAKINGABOVE CO,%LNIENTS: AGENCYNA.ME: L le A95 -B Suffolki LDate12- Date Lee E. Ko ••• -- venm9pn t:xecuttve Office Building ppelman Veterans Memorial Highway, Hauppauge O Executive Director PPau a N.Y. 1178 Susan D. Windesheim (516) 853-5189 Cleonngnouse Admintstrotor APPLICANT: Z.,Oil LT Island ROLT' Dilal Planning Board PROJECT NOTIFICATION AND REVIEW SYSTEM ADDRESS: Te,e ; L73095 •,r a Road, r n ro4 1179, c„uthold , 217-7- 11471 RESPONSIBLE OFFICER: CONTACT PERSON: PROJECT TITLE: egret—i,=#-zap– �� she't�g T -g an pi FED. CAT. No.: _ LIRPB No.: DATE NOI REC'D:_�=�T,9 TYPE iJF �.PPLICATION: l �'ew Continuation j� Other TO 74 i' "G � c �r�.l , ;� �� ' � '� l � i�'�fAIZ Z^✓ DATE Please review the attached application and provide yourc6mm t on nils form. Keep the application for your t files and return to LIRPB not later than March 1, 1992 If you have any questions please call this office (5 16) 853-4099. You may refer this notification to any other interested parties in your area. I. Do you forese a conflict between this proposal and any of your Agency's projects or programs? (please explains O 2. Do you have any suggestions which will improve the effectiveness or maximize the benefit of this proposal.' � please explain )aoK-e. 3. Do you have some other concerns requiring additional communication about this project? ( please explain)- 4. xplain)_4. Is a conference required to resolve vour concerns s)" 5. «'hat are your official comments on this project? Please cheer appropriate box. This agency has no objection to the project. This agency requests that the LIRPB support this project. This agency requests that the LIRPB not support this project. OFFICIAL Signature A95 -B tSuffolki NGABOVECO.%I%IENTS: AGENCYNA.�IE Title —14113U11 c.Ancuuve vrnce t5widing [,e E. Koppelman Veterans Memona: Highway, Hauppauge N.Y. 11788 Execuiwe Director Susan D. Windesheir+ (516) 853-5189 Cleoringnouse AdminfWator ROIII 011al Planning Boarr PROJECT.. NOTIFICATION AND REVIEW SYSTEM i APPLICANT: Town. of Southold ADDRESS: ;mm 441,--53095 1 -In Toad, F 0 Box 1129. Soutbald , Ny_ 1"71 RESPONSIBLE OFFICER: CONTACT PERSON: PROJECT TITLE: .s T=?rOVIRLItent ogres ;�abet!h r4e1ti, V49hey''s ;slang FED. CAT. No.:• LIRPB No.: se- e6 DATE NOI REC'D:2/6P2 I TYPE OF APPLICATION: I ew Q Continuation ❑ Other ua i T C- - t, � � ZL Zl � �, DATE Please reviapplication and Ovide your comments on this form. Keep the application for your files and return to LIRPB not later than March 1. 1992 If you have any questions please call this office (516) 853-4099. You may refer this notification to any other interested parties in vour area. 1. Do you foresee a conflict between this proposal and any of your Agency's projects or programs? (please ill explain) No i I 2. Do you have any suggestions which will improve the effectiveness or maximize the benefit of this proposal'. i please explain t No 3. Do you have some other concerns requiring additional communication about this project:' ( please explain )— No 4 4. Is a conference required to resolve vour concerns s)" No .3. What are vour official comments on this project.? Pease check appropriate box. This agency has no objection to the project. This agency requests that the LIRPB support this project. This agency requests that the LIRPB not support this project. Suffolk Co. Dept. of AGENCY OFFICIAL.NUKINGA$�COi'41VIENTS: AGENCYNA.NIE: Public Works Commissioner Title X9 -5-B SutToiki 2/18/92 nate H. Lee Dennison Executive Office Budding Lee E. Koppelman Veterans Memorial Highway, Hauppauge N.Y. 11788 Susrn D. Windesheim Executive Director (516) 853-5189 Cle.:nngnouse Administrator 3/1/91 STANDARD DOT `TME VI ASSURANCES V-31 Town of Southold (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. -1- 3/1/91 V-32 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED: August 19, 1992 -2- Scott L. Harris x own Supe&isor Town of Southold CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees ind successors in interest (hereinafter referred to as the "contractor') agrees as follows: L Compliance with Regulations. The contractor shall comply with the Regulations relative to nondis- crimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulatiiom, Part 21, as they may be amended from time to tune (hereinafter referred to as the Reguladom� which are herein incorporated by reference and made a part of this contract. 2. Nosdiserisiaation. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of sub- contractors, including procurements of materials and leases of equipment The contractor shall not partici- pate either directly or indirectly in the discrimination probilAted by section 21.5 of the Regulations, includ- ing employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Som for Sobcmbmc% Including Procurements of :Materials and Equipment. In all solicita- tions either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regu- lations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books. records, accounts, ocher sources of informatim and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulatiom, orders, and instruc- tions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA. as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noaeompliaaee. In the event of the contractor's noncompliance with the nondtscnm- madon provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: and/or, a. Withholding of payments to the contractor under the contract until the contractor complies, 5. Cancellation, termination, or suspension of the contract. in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through S in every subcontract, including procurements of materials and leases of equipment. unless exempt by the Regulations or directives issued pursuant thereto. True contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in. or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contrac- tor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addi- tion, the contractor may request the United States to enter into such litigation to protect the interests of the United States. -3- V-34 CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases. permits, or similar instruments entered, into by the Sponsor pursuant to the provisions of Assurance 5(a) and 5(b). 1. The (grantee, licensee, lesseepermitee, etc., as appropriate) for himself. his heirs, personal repre- sentatives, successors in interest. and amps, as a part of the consideration hereof, does hereby covenant and agree (ui the case of deeds and leases add "es a covenant rmmmg with the land') that in the event facilities are constructed, maintained, or otherwiest operated on the said property described in this (deed, license, lease, permit, etc) for a purposes for which a DOT program or activity is extended or for mother purpose involving the provision of simil services or benefits. the (grantee, lice. lesseepermitee, eta) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 24 Nondiscnunination in Federally Amasted Programs of the Department of Transportation. and as said Regulations may be amwoded. 2. The (grantee, licenser, lessee, permitee, etc, as appropriate) for himaei& his peroral representa- tives. successors in interest, and assiigas, as a part of the considerabon hereof. does henry covenant and agree Cm the case of deeds and leases add "as a covenant running with the land') that: (1) no person on the grounds of race, color. or national origin shall be esciuded from participation in, denied 'the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any im- provements on, over, or under such land and the fiarnishing of services thereon, no person on the grounds of rac.: , color, or national origin shall be excluded from participation in. denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, lices'ssee, lesseepermitee. etc.) shall use the premises in compliance with all other ,tequireesmts imposed by or pursuant to 49 CFR Part 21, Nond=mninstion in Federally Amsted PWVPms of the Depwtnant of Trasssportatioo6 and as said Regulations may be amended- -4- 3/ ./91 ASSURAHCES Airport Sponsors A. General V-35 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants to airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of the Airport and Airvay Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, or the Aviation Safety and Noise Abatewent Act of 1979. As used herein the term •public agency sponsor• means a public agency with control of a public -use airport; the term •private sponsor• means a private ovner of a public -use airport; and the tars •sponsor' includes public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. H. Duration and Applicability 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program prc+ject, but in any event not to exceed twenty (26) years from the date of acceptance of a grant offer of Federal funds for the project. Hovever, there shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance. 2. Airport Development or Noise Compatibility Program Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than 10 years fro■ the date of the acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 3, 6, 13, 18, 30, 32, 33, 34, and 36 in Section C apply to planning projects. The terms, conditions, and assurances of the grant agreement: shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 3/1/91 V-36 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal. Legislation a. Federal Aviation Act of 1958 - 49 U.S.C.. 1301, at seq. b. Davis -Bacon Acct - 46 U.S. C. 276(a), at seq. 1/ c. Federal Fair (Labor Standards Act 29 U.S.C. 201, at seq. d. Hatch Act - 3 U.S.C. 1301, at seq.. 2/ e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601, at seq. l/ 2/ f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.. 476(1). 1/ g. Archeological and Historic Preseraation Act of 1974 - 16 U.S.C. 469 through 469c. 1/ h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 401.2a. 1/ i. Rehabilitation Act of 1973 - 29 U.S.C. 794. J. Civil Rights Act of 1964 - Title 71 - 42 U.S.C. 2006d through d-4 k. Aviation Safety and poise Abatement Act of 1979, 49 U.S.C. 2101, at seq. 1. Age Discrimination Act o1 1975 - 42 U.S.C. 6101, at seq. a. Architectural Barriers Act of 196)'3 - 42 U.S.C. 4151, at seq. 1/ n. Airport and Airway Improvement Act of 1982, as amended 49 U.S.C. 2201„ at seq. o. Powerplant-and Industrial Fuel Use Act of 1978 --Section 403 - 2 U.S.C. 8373. 1/ p. Contract work Hours and Safety Standards Act - 40 U.S.C. 327, at seq. 1/ q. Copeland Antikickback Act - 18 U.J.C. 874. 1/ r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. 1/ s. -Endangered Species Act - 16 U.S.C„ 668(a), at seq. 1/ t. Single Audit Act of 1984 - 31 U.S.C. 7501, at seq. 2/ u. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 11246 - Equal Employment Opportunity 1/ Federal Regulations a. 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3/ b. 49 CFR Part 2.1 - Nandi scriminatior, in Federally -Assisted Programs of the Department of Transportation •- Effectuation of Title VI of the Civil Rights Act of 1964. 3/ 1/S1 V-3' C. 49 CFR Part 223 - Participation by Minority Business Enterprise in Department of Transportation Programs. d. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation far Federal and Federally Assisted Programs. 1/ 22/ e. 49 CFR Part 27 - Hon-Disarisination on the 'Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. 1/ f. 49 CFR Part 29 - Debarments, Suspensions, and Voluntary Exclusions. g. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Marxet Access to U.S. Contractors. h. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates. i/ i. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Part by Loans or Grants from U.S. .1/ ). 29 CFR Part 3 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction. 1/ k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted Contracting Requirements). 1/ 1. 14 CFR Part 110 - Airport Koine Compatibility Planning. Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts vith State and Local Governments. 3/ b. A-128 - Audits of State and Local Governments. 2/ I/ These lava do not apply to airport planning sponsors. 2/ These lora do not apply to private sponsors. 3/ 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and local governments receiving Federal assistance. Any requirement levied upon State and local governments by this regulation and circular shall, also be applicable to private sponsors receiving Federal assistance under the Airport and Airvay Improvement Act ` of 1982, as amended. Specific assurances required to be included in grant agreements by any of the above lava, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution. notion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and asmurances contained therein, and directing and authorizing the person identified as the official representative -of the applicant to act in connection vith the application and to provide such additional information as any be required. 3/1/91 -.3 b. Private Sponsor. It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all the teras, conditions, and assurances of -this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with -the application; and to provide ,such additional information as may be required.. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs vhich are not to be paid by the United States. It has sullicient funds available to assure operation and maintenance of items funded under the grant: agreement which it will own or control. 4. Good Title. a. It holds good title, satislactor► to the Secretary, to the landing area of the airport or site thereat, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out an t1he property of the sponsor, it holds good t::tle satisfactory to the Secretary to that portion of the. property upon which Federal funds will be expended or will give assurance to the Secretary that good title vi11 be obtained. S. Preserving Rights and Pavers. a. It will not take or permit any action which would operate to deprive it at any of the right's and pavers necessary to perform any or all of the teras. conditions, and asmurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would inter -fere with such performance by the sponsor. This shall, be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber or athervise transfer or dispdse of any part of its title or other interests in the property shown an Exhibit A to this application or, tar a noise compatibility program project, that. portion of the property upon which Federal funds leave been expended, for the duration at the terms, conditions, and assurances in the grant agreement without. approval by the Secretary. If the translerea is found by the Secretary to be eligible under the Airport and Airway Improvement Act at 1582 two assume the obligations of the grant agreement and to have the paver, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of tree sponsor's interest, and make binding upon the transferee, all of the terms, conditions and assurances contained in this grant agreement. C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified' by the Secretary, that agreement 3� 1/91 V-39 shall obligate that government to the same terms, conditions, and assurances that Mould be applicable to it it it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non compliance with the teras of the agreement. d. For noise compatibility program projects to be carried out an privately ovned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforcm th13 agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. Ii the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public - use airport in accardance with these assurances for the duration of these assurances. f. I2 an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the Airport and Airvay Improvement Act of 1982, the regulations and the teras, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 8. Consistency with Local Plans. The project is reasonably consistent with plans (existing at 'the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan far the development of the area surrounding the airport. For noise compatibility program projects, other than land acquisition, to be carried out an property not owned by the airport and over which property another public agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agency's plans regarding' the property. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project may be located!. 8. Consultation with Users. In making a decision to undertake any airport development project under the Airport and Airway Improvement Act of 1982, it has undertaken reasonable consultations with affected parties using the airport at, which the project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives at such planning as has been carried out by the community. It shall, when requested by the Secretary, submit a copy of the transcript of such hearinge to the Secretary. 3/1/91 V-40 10. Air and 'dater Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any cace where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Loral Approval. In projects involving the construction or extension of any runway at any general aviation airport located, astride a line separating two counties within a single state, it has received approval for tae project from the governing body of all villages incorporated under the lava of that state which are located entirely within five miles of the nearest boundary of the airport. 12. Terminal Development Prerequisites. For projects which include terminal development at a publico airport, it has, an the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 612 of the Federal Aviation Act of 19f8 and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning Eras aircraft other than air carrier aircraft,. 13. Accounting System, Audit, and Recordkeeping ]Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with vhich the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Xct of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and. examination, any batiks, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts at a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall the a certified copy of such -TQit with the Comptroller General of the United States not later than 6 months following the close of the fiscal year for vhich the audit was made. 14. Minimum wage Rates. It shall include, in all contracts in excess of 52,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the 3/ 1/9'1 11-41 Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a --276a-3), which contractors shall pay to skilled and unskilled labor, and such sinimus rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 13. Veteran's Preference. It shall include, in all contracts for work on any projects funded wader the grant agressent which involve labor, such provisions as arm necessary to insure that, in the employment of labor (except in executive, adminlstrative, and supervisory positions), preference shall be given. to veterans of the Vietnam era and disabled veterans as defined la lection 313(c)(1) and (2) of the Airport and Alrway Zmpro®ement Act, of 1?82. Hovever, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans. specifications, and schedules shall be submitted to the Secretary prior t commencement of site preparation, construction, or other perforsance under this grant agreement, and, upon approval by the Secretary, shat: be incorporated iota this grant agreement. Any modifications to the approved plans, speci-ications, and schedules shall also be subject to approval by the Secretary anu incorporation into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms with the plans, specifications, and schedules approved by the Secretary for the project. rt shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance vitt regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cont and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C. It will include in .11 published material prepared in connection v..:', the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. 3/1/91 V-12 e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection vith this grant. . t. It will grant the Secretary the right to disapprove the Sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cast of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any port of the project. h. It understands and agrees that the Swcretary's approval of this project grant or the Swcretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. It will suitably operate and maintain the airport and all facilitles thereon or connected therewith, with due regard -to climatic and flood conditions. Any propasal to temporarily close the airport tar nonaeronautical purposes must first be approved by the Secretary. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as any be required or prescribed by applicable Federal. state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere vita its use for airport purposes. In furtherance of this assurance, the sponsor will have in effect at all times arrangements for -- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting Iran airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use at the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. 3/'.'/ 9 i _......__.._____..........._...._.....__..,..,. ....._....._.�.. _......... . ._..„.......__.....____ ...,. 'At- , V-43 b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and !Litigation. It will take appropriate action to assure that such tersinal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or other -wise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Ilea. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use. within its jurisdiction, that will reduce the compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal !unds have been expended. 22. Economic Nondiscrimination. a. It will sake its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination, to all types, kinds, and classes of aeronautical uses. b. In any agreement, contract, lease or other arrangement under which a right or privilege at the airport -is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor rill insert and enforce provisions requiring the contractor to -- (1) furnish said services an a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses 3 such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such 3/1/91 V-44 nondiscriminatory and substantially comparable rules;, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers vhich make similar use of such airport. and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably vithheld by any airport provided an air carrier assures obligations substantially similar to those already imposed an air carriers in such classifications or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from perforsing any services as its own aircr-aft vi,th its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perforce. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved sill be provided on the same conditions as vould apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. h. The sponsor- may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and eUicient ape"Ition of the airport. i. The sponsor may prohibit or limit any given type, kind, or class of aeronautical ease of the airport if such action is necessary for the sale operation of the airport or necessary to starve the civil aviation needs of the public. 23. Exclusive Rights. It rill permit rio exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed -based operator shall not be construed as an exclusive right it both of the following apply: a. It vould be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. I1 alloying more than one fixed -based operator to provide such services would require the reduction 'at space leased pursuant to an -existing agreement betveen such single fixed -based operator and such airport. It further agrees that it rill not, either directly or indirectly, grant or permit any person, firm or corporation they exclusive right at the airport, or at any other airport nav owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products vhether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of 3,` 1/91 11-45 aircraft parts, and any other activities which because o: their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity new existing at such an airport before tlo .grant of any assistance under the Airport and Airway Improvement Act of 11282- 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23, for the facilities and services being provided the airport users which vill make the airport as sell -sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. Yo part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under time Airport and Airvay Improvement Act of 1982, the Federal Airport Act or the Airport Airvay Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for users of that airport. =. Airport Revenue. If the airport is under the control of a public agency, all revenues generated by the airport and any local taxes an aviation fuel established atter December 30, 1987, will be expended by it for the capital or operating costs at the airport; the local airport system; or other local facilities which are avned or operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. ?rovided, however, that if covenants or assurances in debt obligations before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support :got only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation an the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 25. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. For airport development projects, it will also make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. For noise compatibility program projects, it will also make records and documents relating to the projects and continued compliance with the terms, conditions, and assurances of the grant agreevent including deeds, leases, agreements, regulations, and other instruments, available for inspec -:O.; by any duly authorized agent of the Secretary upon reasonable request. 27. Use of Government Aircraft. It will make available all of the facilities at the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if V -46 the use by Government: aircraft is substantial, charge say be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless othervise determined by the Secr*tary, or othervise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess at those which, in the opinion of the SeCr*tory, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month theist -- a. Five (3) or more Government airm-aft are regularly based at the Llxpart or on land adjacent thoreto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 30® or more, or the gross accumulative weight of Government aircraft using -the airport (the total movements of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to *.he Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to al.- traffic irtraffic central, any areas of land or crater, or estate therein, or rights in buildings of the spausor as the Secretary considers necessary or desirable for construction, operation, and saintenancce at Federal expense of spacr or facilities for such purposes. Such areas or any portion thereof Trill be made available as provided herein within ):our months after receipt of a written request from the Secretary. 29. Airport Layout Plain. a. It will keep up to date at all times an airport layout plan of the airport shaming (1) boundaries of them airport and all proposed additions thereto, together vitli the boundaries ®f all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature 'of all existing and proposed airport faicilitivi and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative at the Secretary on the face of the airport layout plan. The sponsor will not make cir permit any changes or alterations in the airport or in any of its facilities which are not in conformity with 'the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the sa]'ety, utility, or efficiency of the airport. b. If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or all the 3% 1,`91 V-47 airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested by the Secretary eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereat) to a site acceptable to the Secretary and all costs of restoring such property for replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or iti facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods. (a) the period during which the property is used for a purpose for which Federa' financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport: noise compatibility purposes, it will, when the land is no longer needed for such purposes, dispose of such land at fair market value at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land will, at the discretion o -f the Secretary, -(1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development (other than noise compatibility) purposes, it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b; be paid to the Secretary for deposit in the Trust Fund if no such eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zone) or serves as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, :land purchased with a grant received by an airport operator 4/11/91 V-4$ or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or the Federal agency making such grant before December 31, 1987, was notified by the! operator or owner of the use xof such land, did not object to such use, and the land continues to be used fnr that purpose, such use having commenced not later than December 13, 1989. (c) Disposition of such land under (a) or (b) will be subject to, the retention or reservation of any interest or right therein necessary to`*uusure� that such land will only be used for purposes which are compatible with noise:''- levels associated with operation of the airport. 3Z Engineering and Design Services. It will award each contract, or :sub- contract for program sawKement,. construction management, planning studies, feasibility studies, architectural surveying, sapping, or related serviced with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title I7( of the Federal. Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Markel. Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which_ such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in przcurewnt and construction. 34. Policies, Standards, and Specifications. It will carry out the project. in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the 'Current FAA Advisory Circulars for AIP Projects,• dated 2 92 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary,. 33. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpw-t B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It vill provide a relocation assistance program offering the services described in Subpart C and fair and reasonable r-elocation payments and assistance to displaced persons as required in Subparts D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of tine prior to displacement comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 35. Drug -Free Workplace. It will provide a drug-free workplace at the site of work specified in the grant application 1.n accordance with 49 CFR Part 29 by (1) publishing a statement notifying its employees that the :unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is. prohibited in the sponsor's workplace and specifying the actions that will be taken against its employees for violation of such prohibition; (2) establishing a drug-free awareness program to inform its employees about the dangers of drug abuse La the workplace and any available drug aounse -Ing, rehab l:,tat.zn, an: ireployees assistance programs; ( 3) notifying, the FAA v-"-.'i-,n ten ays a: t e - receiving notice of an employee criminal drug statute cnnv,V'ion ;or a vlalat ; occurring in the workplace; and (4) making a good faith eafort 'a xaiata:Y: drug-frw* workplace. ri V26/92 RM CURRENT FAA ADVISORY CIRCULARS FOR A1P PROJECTS EfTactiw nate: Z-2" oulwao au&ffic't 'artolw o ohruabn mwiwv and cma 1 fjdi1C4 i4a CacM#W4 $$ oicrs lar Airpctt 0cw OHO 1 pwjarR i14u!=0+00A AkWdVAW4or!WrOWC001/aM 171060 hMYt+O, �� M/ L�fMill rt3 NoltfMM tlaM an ,m A1rMtt M010 -n AW M Am WW ftum Ow woWOM 1a.�lfltO�•fe Avow AN wo mai! pow. too** amft VhW *S* Oft &d ftWA7M0lft 1jQtjt�,.10A Oki101 fMi W MMIM""7iW Am* ft"o ami FbWW*q V**i+a 1lQfi -f 1 AiW oowrlsw % o 0 * 1 tfmW 1:C�81�-i! 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E --R L(n :YUO - � 017) f " • �////�� j1 � hsysa,• L LE[FNO our ucm Q mno:.c ro.er �Ir �P— l.vf=ir ttY Ii=0 !tl=tur I I lANO ACOUISITION TABLE 'Q © NEW YM STATE PLACE=COROL4ATE VALLIS \ MC5'H T E.LST I �' A• �• /y mru a.w.r nnrtnm. fids ♦ Eu[ w w.rm ou.m ARP UTIMATp 38C)43.025 254M.66 _ / RIF Q Elm Pev'T. 7E026: 521 RM 30 EIdJ PAY'T• 379'94.C76 2535i12.6B0 251258.381 RV 07 END PAV'T. 31558171 251C 89.670 RR 25 END PAV'T. 38C653.373 251890.057 1\\ 2) GRID IS BASED ON AV 'CR[ STATE PEUF CDOROI.NATE STSTEU.1,C.SG ISLAJNO NNE otzx.® _ _ `naurto rwcann AREA = e5 ACRES (TIRE IN FEE) ll / 0.0Q IS" SoLm LE[FNO our ucm Q mno:.c ro.er �Ir �P— l.vf=ir ttY Ii=0 !tl=tur I I lANO ACOUISITION TABLE 'Q EXN�gIi' I�AI I REVISIONS ..E a. ELIZABETH FIELD AIRPORT _ AIRPORT PROPERTY MAP E or C�•f C=E:. CE C.'E: ��5:,;.a •, Y9� _ 3 Cabe- .-Cs 3 �:pna Ow U.S. Department of Transportation Federal Aviation Administration AUS X92 Mr. Scott Harris Superintendent, Town of Southold Main Road Southold, New York 11971 16A 181 1 Y A4,u*, ORm. M5 My ,bG,., ny 11581 RECEIVED AUG 19, 1992 Dear Mr. Harris: Southold T—.— e7lA,k Elizabe-11 Field Airport - Engineering Design for Runway 12-30 Overlay AIP 3-36-0029-06-92 Please be advised that the FAA completed the consolidated review of this project and there are no objections. It is requested that when the construction will start and work is conducted on or near the runway, that runway or the entire airport, if necessary, should be closed to all air traffic and NOTAMs be issued. If you have any questions, please call at 516-295-9343. Sincerely, Dan Vornea Airport Engineer US. Department of Transportation Federal Aviation Administration JUL a -1992 Ms. Judith T. Terry Southold Town Clerk Town of Southold Town Hall, 53095 Main Road P. O. Box 1179 Southold, NY 11971 Dear Ms. Terry: V" ASO 181 &nth. 9wALn ROOM 305 V.k U.., ny 9581 RECEIVED JUL 13 1992 *AARMY...,,r r" We have found and advise that the execution of the Grant Agreement for AIP Project No. 3-36-0029-06-92 at Elizabeth Field Airport is satisfactory. Our finding is based on the execution of Part II - Acceptance of the Grant Agreement and your Attorney's certification. Sincerely, " Philip Brito t -Manager, New York Airports District Office r JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 6, 1992 Philip Brito, Manager New York Airports District Office U.S. D.O.T. - F.A.A. 1818 S. Franklin Avenue, Room 305 Valley Stream, New York 11582 Re: Elizabeth Field Airport AIP 3-36-0029-06-92 Grant Offer Dear Mr. Brito: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Transmitted herewith are the original and three (3) copies of the executed Grant Offer for Engineering Design at Elizabeth Field, Fishers Island, all with original signatures of the Supervisor and Town Attorney of the Town of Southold. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) cc: Calocerinos S Spina Engineers, P.C. Accounting & Finance ♦ 1t JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER �oc��FFOIKcOGy � z OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 30, 1992: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an acceptance of a Grant Offer from the U.S. Department of Transportation, Federal Aviation Administration, for $54,000 for Engineering Design for Runway 12-30 Overlay, at Elizabeth Field Airport, Fishers Island, all in accordance with the approval of the Town Attorney. Judith T. Terry Southold Town Clerk July 1, 1992 Caw U.S. Department of Transportation Federal Aviation Administration Mr. Scott L. Harris Supervisor, Town of Town Hall 53095 Main Road Southold, New York Dear Mr. Harris: Southold 12953 Elizabeth Field Airport AIP 3-36-0029-06-92 Grant Offer 76At 1. 181 S. YwAAI^ Aw.., 6Bn. 305 My &,,m, ny If 582 JUN 2 21M Tire C" redlow In response to your request for Federal assistance for development at Elizabeth Field Airport, we are pleased to inform you that the Federal Aviation Administration (FAA), offers a Federal Grant allocating the amount of $54,000 (Federal Share) under the terms of the Airport and Airway Safety and Capacity Expansion Act of 1987 (AIP). Enclosed are an original and four (4) copies of a Grant Agreement for the subject project. The execution by this agency of Part I - Offer indicates the intention of the United States to participate in the allowable costs of the project in an amount not to exceed the maximum obligation of the United States and subject to the terms and conditions set forth and described therein. If this offer is acceptable, you should execute Part II -- Acceptance, pursuant to FAR Part 152.115, Change 9. Please return to this office the original and three (3) copies of the executed Grant Offer, with a copy of the Project Application attached, to each, all fully executed as duplicate originals (that is, with original signatures thereon) and certification by your attorney that the acceptance complies with applicable law and constitutes a legal and binding obligation. When the executed Grant Agreement has been determined to be legally sufficient, you will be notified accordingly. The obligations assumed under this Grant Agreement shall not be changed or modified except with the written consent of this Administration. i Please notify Roseanne Coppola of this office at (718) 553- 1882 as soon as this Grant has been fully executed. This Grant Offer should be executed as soon as possible but no later than August 30, 1992 otherwise the Offer expires and the funds are lost. sincerely, Philip Br o Manager Enclosures .e*. e -., , Qw US. Department of Transportation Federal Aviation Adndnistration GRANT AGREEMENT Part I - Offer Date of Offer June 5, 1992 Elizabeth Field Airport/Planning Area Project No. 3-36-0029-06-92 Contract No. FA—EA 92-048 TO. Town of Southold, New York (herein called the "Sponsor' FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated 515 f92, for a grant of Federal funds for a project at or associated with the E31-aaha*h Ri a i a Airport/Planning Area which Project Application, as approved by the FAA, is hereby incorporated herein and made apart hereof; and . WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: Engineering Design for Runway 12-30 Overlay All as more particularly described on the property map attached as Exhibit "A" to the Project Application and in the Engineering Agreements for the work approved by the New York Airports District Office for Grant #3-36-0029-04-91, all of which are incorporated by reference and made a part thereof; all as more particularly described in the Project Application. FAA Form 5100-37 (10-89) Supersedes FAA Form 5100-37 pages 1 thru 4 Page 1 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of 'he Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 90% of all such costs The Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $ g4Tggg For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States underthe provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: $ for planning —0— $ for airport development or noise program implementation. $54,000 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at anytime prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated toay an part of the costs of the project unless this offer has been accepted by the sponsor on or before 8M 9L or such subsequent date as may be prescribed in writing by the FAA. 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any othermanner in any project upon which Federalfunds have been expended. Forthe purposes of this grant agreement, the term "Federal funds' means funds however used ordisbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. it shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. it shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible o ,liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. FAA Form 5100-37 (10-89) Page 2 f. Page 2.1 of 3 special Conditions 1. It is understood and agreed by and between the parties hereto that the Sponsor shall complete this project to provide a safe and usable unit. 2. It is understood and agreed by and between the parties hereto that the typewritten description of airport development appearing in Item 11 of the Project Application is hereby deleted and the typewritten description of airport development appearing in the "Whereas" Clause on Page 1 of the Grant Offer is substituted in its place and stead. 3. It is understood and agreed by and between the parties hereto that all references to the Airport Development Aid Program of the FAA in the Title VI of the Civil Rights Act of 1964 Assurances (7 pages) shall be replaced by the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Expansion Act of 1987. 4. The sponsor shall provide for an audit to be made in accordance with Office of Management and Budget Circular A- 128. 5. The Sponsor agrees to comply with the Part V Assurances (dated 3/91) attached to this Offer which replaces the Part V Assurances that accompanied the Project Application. 6. It is understood and agreed by and between the parties hereto that the Sponsor shall, within 15 days after accepting this Offer, submit an Engineering/ Force Account Agreement for the professional services necessary to accomplish this project. The procurement of such professional services shall be accomplished in accordance with 49 CFR Part 18. 7. It is understood and agreed by and between the parties hereto that Federal participation in the project costs will be limited to the costs of that work accomplished after the date of acceptance of the Grant Offer. ,, ... .;:. r, .' •.. ri +" ;r';� .,�r+, ;and this O11�r rnui nri the cor;It iclual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERA ON ADMINI TIQN (Name) Philip Brito M�n�nnr Maw Vnrtr Airnnrtc DiRtrirt Office (Tide) Part 11- Acceptance The Sponsordoes hereby ratify and adopt all assurances, statements, representations, warranties. covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this 30th day of June 19 92 Town of Southold (Na of Sponsor) t (SEAL) By (S or's Designs ffidal.R ;wntative) bcott Louis arris Attest:the Supervisor -"Judith T. Terry Title: Southold Town Cher CERTIFICATE OF SPONSOR'S ATTORNEY Matthew G. Kiernan , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of New York . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Southold, N.Y. this 30th of June 19 92 S ll l�2 of Sponsor's Attorney FAA Form 5100-37 (10-89) Page 3 L �'i I.'i• L T■AL • � OMB Approval No. 0348-0043 N:ii'r'Lllrfi 1 IVIV 11-10111 2 -DATE SUBMITTED Applicant Ide—n-tifiew FEDERAL ASSISTANCE 04/23/92 211 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Applicant Identifier Applkatlon Proappik.&AM FXI Construction F1 Construction 4, DATE RECEIVED BY FEDERAL AGENCY a era enb er D Non -Construction F1 Non -Construction 6. APPLICANT INFORMATION LatlaJ Nam.: Organizational Unit: Town of Southold Fishers Island Ferry District Address (9" oly, oounly, state, and zip cods) Name and telephone number of the person to be contacted on matters involving Suffolk County this application (give area code) Town Hall, 53095 Main Road P.O. Box 1179 R. Philip Knauff Southold, New York 11971 (516) 788-7463 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate /ever in box) LUJ 6 1 O 1 0 1 3 1 3 1 0 7 A. State H. Independent School Dist B. County 1. State Controlled Institution of Higher Leaming C. Municipal J. Private University 8. TYPE OF APPLICATION: D. Township K. Indian Tribe ® New El Continuation F� Revision E. Interstate L. Individual F. Intermunicipal M. Profit Organization If Revision, enter appropriate letter(s) in box(es)[I Q G. Special District N. Other (Specify) A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration Other (Specify): e. NAME OF FEDERAL AGENCY: Federal Aviation Administration New York Airports District Office 10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: ASSISTANCE NUMBER: 2 O O 1 O 6 TITLE Airport Improvement Program (AIP) RUNWAY 12-30 REHABILITATION (Design) 12. AREAS AFFECTED BY PROJECT (cftl", cound", states, etas Fishers Island 13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 2nd 2nd 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. YES THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE a Federal $ 54,000 .00 STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON SAI #42127 3/13/92 b Applicant .00 $ 1,500 DATE c State $ .00 4,500 b. NO F� PROGRAM IS NOT COVERED BY E.O. 12372 d Local $ .00 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e Other $ .00 f Program Income $ .00 17. IS THE APPLICANT DELINOUENT ON ANY FEDERAL DEBT? r-1.00 Yes If 'Yes,' attach an explanation. ® No g TOTAL $ 60,000 18 TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a Typed Name of Authorized Representative b Title c Telephone number Scott L. Harris Town Supervisor (516) 765-1800 d Signature of Authorized Rep,sentative a Date Signed rR r-revlous tamons Not Usable Authorized for Local Reproduction Standard Form 424 -(REV 4-88) Prescribed by OMB Circular A-102 DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION A PART II PROJECT APPROVAL INFORMATION Item 1. Does this assistance request require State, local, regional, or other priority rating? Yes X No Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Name of Governing Body Priority Rating Name of Agency or Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse (Attach Comments) review in accordance with OMB Circular A-95? X Yes No Item 4. Does this assistance request require State, local Name of Approving Agency regional or other planning approval? Date Yes X No Item 5. Is the proposed project covered by an approved comprehensive plan? OMB NO. 43-RO528 Check one: State [ ] Long Island Local [X] Regional Planning Regional [ ] Board X Yes No Location of plan Item 6. Will the assistance requested serve a Federal installation? Name of Federal Installation Yes X No Federal Population benefiting from Project Item 7. Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land _ Yes X No Percent of Project Item 8. Will the assistance requested have an impact or effect See instruction for additional information to be on the environment? provided. Yes X No Item 9. Number of Will the assistance requested cause the displacement of Individuals individuals families, businesses, or farms? Families _ Businesses Yes X No Farms Item 10. Is there other related Federal assistance on this See instruction for additional information to be project previous, pending, or anticipated? provided. Yes X No FAA Form 5100.100 (6-73) Supersedes FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 T PART II -SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. -The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Elizabeth Field is surrounded on three sides by water, thus runway clear zone areas are over water. The community adjacent to the airport property is a residential vacation area with limited commercial activity. 2. Defaults. -The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: NONE 3. Possible DisabiIities.-There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: NONE 4. Land. -(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": PARCEL NO. 1 - Fee Simple Title *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. Page 3a 211/1/1/91 DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. 04-80209 PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": NONE (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": NONE 5. Exclusive Rights. -There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: NONE *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) 211/1/1/91 Page 3b OMB Approved No. 0348-0041 BUDGET INFORMATION --Construction Programs rvv i c: uenain reoerai assistance programs require additional computations to arrive at the Federal share of project costs eligible for participation. if such is the case you will be notified Authorized for Local Reproduction Prescribed by OMB Circular A-10; COST CLASSIFICATION a. Total Cost b. Costs Not Allowable for Participation c. Total Allowable Costs (Column a -b) 1. Administrative and legal expenses $ $1,936 .00 $ .00 $ $1,936 .00 2. Land, structures, rights-of-way, appraisals, etc. $ .00 $ .00 $ .00 3. Relocation expenses and payments $ .00 $ .00 $ .00 4. Architectural and engineering fees $ $58,064 .00 $ .00 $ $58,064 .00 5. Other architectural and engineering fees $ .00 $ .00 $ .00 6. Project inspection fees $ .00 $ .00 $ .00 7. Site work $ .00 $ .00 $ .00 8. Demolition and removal $ .00 $ .00 $ .00 9. Construction $ .00 $ .00 $ .00 10. Equipment $ .00 $ .00 $ .00 11. Miscellaneous AUDIT $ .00 $ .00 $ •00 12. SUBTOTAL $ $60,000 .00 $ .00 $ $60,000 .00 13. Contingencies (sum of lines 1-11) $ .00 $ .00 $ .00 14. SUBTOTAL $ $60,000 .00 $ .00 $ $60,000 .00 15. Project(program)income $ .00 $ .00 $ .00 16. TOTAL PROJECT COSTS (subtract #15 from #14) $ $60,000 .00 $ .00 $ $60,000 .00 FEDERAL FUNDING 17. Federal assistance requested, calculate as follows: Enter eligible costs from line 16c Multiply x 90% (Consult Federal agency for Federal percentage share). RUNWAY 12-30 REHABILITATION (Design) Enter the resulting Federal share $00 $54,000 Authorized for Local Reproduction Prescribed by OMB Circular A-10; DEPAPIT,MENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 60-RO184 PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 1. Federal Domestic Assistance Catalog No .................. 20.106 2. Functional or Other Breakout ........................... SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ $ $ $1,936 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees $58,064 5. Other architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous AUDIT 14. Total (Lines 1 through 13) $60,000 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) $60,000 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) $60,000 20. Federal Share requested of Line 19 $54,000 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lines 20 & 21) $54,000 23. Grantee share $1,500 24. Other shares $4,500 275.25. Total project (Lines 22, 23 & 24) CA A C... - $ $ $ $60,000 r 1-v1m 100- 100 to -i41 SUPERSEDES FAA FORM 5100 - 10 PAGES 1 THRU 7 Page 4 iDEPAkTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION O M B NO. 80-R O 184 FAA Form 5100-100 (8-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 5 FAA AC 75-0232 SECTION C - EXCLUSIONS 26 Classification Ineligible for Participation (i) Excluded from Contingency Provision (2) a. $ $ b. C. d. e. f. g. Totals $ Is SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27 Grantee Share a. Securities b. Mortgages c. Appropriation (By Applicant) d. Bonds e. Tax Levies If. Non Cash g. Other (Explain) h. TOTAL - Grantee share 2.50% $1,500 28. Other Shares a. State 7.50% $4,500 b. Other c. Total Other Shares 29. TOTAL $6,000 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach -See Instructions) FAA Form 5100-100 (8-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 5 FAA AC 75-0232 OMB Approved No. 0348-0042 ASSURANCES — CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in the application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instruction from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifica- tions and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728- 4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.R.F. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statues relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S. C. §§ 1681-1683, and 1685-1686) which prohibits discrimination on the basis of sex (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended, relating to non-discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality to alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other non- discrimination provisions in the specific statute(s) under which application for Federal assistance is being made, and 0) the requirements on any other non-discrimination Statute(s) which may apply to the application. Standard Form 424D (4-88) 11. Will comply, or has already compiled, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real property Acquisitions Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), the Contract Work_Hours and Safety Standards Act (40 U.S. §§ 327-333) regarding labor standards for federally assisted construction subagreements. 14. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance is the total cost of insurance construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et. seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.) 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 19. Will comply with all applicable requirements of all other Federal laws, Executive Orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Jf Town Supervisor r L , APPLICANT ORGANIZA ON DATE SUBMITTED Town of Southold 04/23/92 Fishers Island Ferry District SF 424D (4-88) Back 3/1/91 CHECKLIST FOR ENVIRONMENTAL IMPACTS AIRPORT IMPROVEMENT PROGRAM AIRPORT: Fisher Island Airport V-19 PROJECT DESCRIPTION: Runway 12-30 Rehabilitation (Design) In order for the FAA to determine the appropriate course of action, it is necessary that the proposed action is not likely to: a. Have an effect that is not minimal on properties protected under Section 106 of the Historic Preservation Act of 1966, as amended, or Section 4(f); b. Be controversial on environmental grounds. A proposed Federal action is considered highly controversial when the action is opposed by a Federal, state or local government agency or by a substantial number of persons affected by such action on environmental grounds; C. Have a significant impact on natural, ecological, cultural, or scenic resources of national, state, or local significance, including endangered species, wetlands, floodplains, coastal zones, prime or unique farmland, energy supply and natural resources, or resources protected by the Fish and Wildlife Coordination Act; d. Be highly controversial with respect to the availability of adequate relocation housing. In an action involving relocation of persons or businesses, a controversy over the amount of the acquisition or relocation payments is not considered to be controversy with respect to the availability of adequate relocation housing. e. Cause substantial division or disruption of an established community, or disrupt orderly, planned development, or is likely to be not reasonably consistent with plans or goals that have been adopted by the community in which the project is located; f. Cause a significant increase in surface traffic congestion; g. Have a signification impact on noise levels of noise sensitive areas; h. Have a significant impact on water quality or contaminate,a public water supply system; 3/1/91 V-20 i. Have a significant impact on air quality or violate the local, state or Federal standards of air quality; j. Be consistent with a Federal, state, or local law or administrative determination relating to the environment. A�L�r (rill el 1992 Scott Harris Date Town Supervisor Town of Southold Fishers Island Ferry District i 3/1/91 V-31 STANDARD DOT TITLE VI ASSURANCES Town of Southold (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 20004 et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. -1- 3/1/91 V-32 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED: April 23, 1992 Scott L. Harris Town Supervisor Town of Southold -2- 3/1/91 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 V-33 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondis- crimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The contractor shall not partici- pate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, includ- ing employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicita- tions either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regu- lations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instruc- tions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrim- ination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: and/or a. Withholding of payments to the contractor under the contract until the contractor complies, b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs t through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contrac- tor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addi- tion, the contractor may request the United States to enter into such litigation to protect the interests of the United States. -3- x/1/91 V-34 CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal repre- sentatives, successors in interest, and assigns, as a part of the. consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal representa- tives, successors- in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: 0) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any im- provements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the p-emises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. -4- ASSURANCES Airport Sponsors A. General V-35 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants to airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, or the Aviation Safety and Noise Abatement Act of 1979. As used herein the term •public agency sponsor' means a public agency with control of a public -use airport; the term •private sponsor• means a private owner of a public -use airport; and the term 'sponsor' includes public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. H. Duration and Applicability 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developeu or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurance against exclusive rights or the terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance. 2. Airport Development or Noise Compatibility Program Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful- life of facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than 10 years from the date of the acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grLnt agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, 34, and 36 in Section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 3/1/91 V-36 , 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Federal Aviation Act of 1958 - 49 U.S.C. 1301, et seq. b. Davis -Bacon Act - 40 U.S.C. 276(x), et seq. 1/ c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. 1501, et seq. 2/ e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601, et seq. 1/ 2/ f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). 1/ g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. 1/ h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. 1/ i. Rehabilitation Act of 1973 - 29 U.S.C. 794. J. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4 k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. 2101, et seq. 1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. M. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et seq. 1/ n. Airport and Airway Improvement Act of 1982, as amended 49 U.S.C. 2201, et seq. o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 2 U.S.C. 8373. 1/ p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. 1/ q. Copeland Antikickback Act - 18 U.S.C. 874. 1/ r. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. 1/ S. Endangered Species Act - 16 U.S.C. 668(a), et seq. 1/ t. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2/ U. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 11246 - Equal Employment Opportunity 1/ Federal Regulations a. 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3/ b. 49 CFR Part 21 - Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. V-37 c. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. d. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally Assisted Programs. 1/ 2/ e. 49 CFR Part 27 - Hon -Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. 1/ f. 49 CFR Part 29 - Debarments, Suspensions, and Voluntary Exclusions. g. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. h. 29 CFR Part 1 - Procedures for Predetermination of Wage Rates. 1/ 1. 29 CFR Part 3- Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Part by Loans or Grants from U.S. 1/ J. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction. 1/ k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted Contracting Requirements). 1/ 1. 14 CFR Part 150 - Airport Noise Compatibility Planning. Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. 3/ b. A-128 - Audits of State and Local Governments. 2/ 1/ These laws do not apply to airport planning sponsors. 2/ These laws do not apply to private sponsors. 3/ 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and local governments receiving Federal assistance. Any requirement levied upon State and local governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under the Airport and Airway Improvement Act of 1982, as amended. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: Tt has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar, action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the apFlication, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 3/1/91 b. Private Sponsor. It has legal authority to apply for the finance and carry out the proposed project and comply with conditions, and assurances of this grant agreement. It shall official representative and shall in writing direct and authorize file this application, including all understandings and assura therein; to act in connection with the application; and t additional information as may be required. v-38 ' grant and to all the terms, _designate an that person to nces contained o provide such 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of*any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee, all of the terms, conditions and assurances contained in this grant agreement. C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement V-39 shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non- compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public - use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the Airport and Airway Improvement Act of 1982, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent.with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. For noise compatibility program projects, other than land acquisition, to be carried out on property not owned by the airport and over which property another public agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agency's plans regarding' the property. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under the Airport and Airway Improvement Act of 1982, it has undertaken reasonable consultations with affected parties using the airport at which the project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community. It shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. 3/1/91 V-40 ' 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable ai,r and water quality standards. In any cane where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located astride a line separating two counties within a single state, it has received approval for the project from the governing body of all villages incorporated under the laws of that state which are located entirely within five miles of the nearest boundary of the airport. 12. Terminal Development Prerequisites. For projects which include terminal development at a public airport, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, an,t Recordkeeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Xct of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the dispositior of the proceeds of a grant or relating to the project in connection with which '.he grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than 6 months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the 3/1/91 V-41 Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a --276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include, in all contracts for work an any projects funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval by the -Secretary, shall be incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall, also be' subject to -approval by the Secretary and incorporation into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms with the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. 3/1/91 V-42 ' L e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the Sponsor's employment of specific consultants and their subcontractors to do all or.any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or arty part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, -with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for nonaeronautical purposes must first be approved by the Secretary: The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. In furtherance of this assurance, the sponsor will have in effect at all times arrangements for -- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be conjxrued to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance, Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. 3/1/91 V-43 b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation,• it.will not cause or permit any change in land use, within its jurisdiction, that will reduce the compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination, to all types, kinds, and classes of aeronautical uses. b. In any agreement, contract, lease or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to -- (1) furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such 3/1/91 V-44 r nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classifications or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. h. The- sponsor may, establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly- grant or permit any person, firm or corporation the exclusive right at the ai-,ort, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of V-45 aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the _grant of any assistance under the Airport and Airway Improvement Act of 1982. 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23, for the facilities and services being provided the airport users which will make the airport at self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. Ho part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under the Airport and Airvay Improvement Act of 1982, the Federal Airport Act or the Airport Airway Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for users of that airport. 25. Airport Revenue. If the airport is under the control of a public agency, all revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations before September 3, 1982, by the owner or operator of the airport, or provisions enacted before.September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 26. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. For airport development projects, it will also make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. For noise compatibility program projects, it will also make records and documents relating to the projects and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of she Secretary upon reasonable request. 27. Use of Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if 3/1/91 V-46 ' the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that -- a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movements of Government aircraft multiplied by.gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas_ of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written reques•, from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an , airport layout plan of the airport shoving (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or in any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility, or efficiency of the airport. b. If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the • 3/1/91 V-47 airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will, when the land is no longer needed for such purposes, dispose of such land at fair market value at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development (other than noise compatibility) purposes, it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no such eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zone) or serves as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator 3/1/91 V-48 or owner before December 31, 1987, x111 be considered to be needed for airport purposes if the Secretary or the Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the use of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced not later than December 15, 1989. (c) Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub- contract for program management, construction management, planning studies, feasibility studies, architectural surveying, mapping, or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Prqperty and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the "Current FAA Advisory Circulars for AIP Projects," dated _ 4 11/91 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subparts D and E of 49 CFR Part 24. (3) It. will make available within a reasonable period of time prior to displacement comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Drug-F-ve workplace. It will provide a drug-free workplace at the site of work specified in the grant application in accordance with 49 CFR Part 29 by (1) publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the sponsor's workplace and specifying the actions that will be taken against its employees for violation of such prohibition; (2) establishing a drug-free awareness program to inform its employees about the dangers of drug .. _. ..... ... ... ..........: .............., .. ... . . . �. .i. . . . .�. .. .•. . .�a �. �•. . .•. .. �. .a..... .•. i.fJJ..•..t. 1. . ..1.1.)....•1...1. a.aJ.a av�i.. •.JW 3/1/91 V-49 abuse in the workplace and any available drug counseling, rehabilitation, and employees assistance programs; (3) notifying the FAA within ten days after receiving notice of an employee criminal drug statute conviction for a violation occurring in the workplace; and (4) making a good faith effort to maintain a drug-free workplace. x 4/11/191 CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS ElTcctive Date: 4-11-91 NUMBER 70746D -IG 150(5100-148 CNG 1 150/5200-M CHG1i2 151715210.58 15(15210-78 15015210-14 15=10-15 15015224-4R 15106220-10 CNG T i 2", 15015220-11 1 Sp15220--12 1505220-14A 15015220-15 1 S052Z4-16 1505220--17 150153011`11 1506320-66- 150/Si20-6C': CHG 1A2 15GY5320-12A 15015320-14 i 5Q5325 -4J► CHCS 1 1506340-0 15015340 4C CHG 1 &2 150 534040 CHG 1 15015340-148 CHG 1a2 1SCV5340-178 15cr, 40-188 150/5,'340-19 1505340}-21 15005344-238 15015344-24 CHG 1 15(15340--27A 150/5345-0 t 5O(534.SSA 15Q+5345--70 CHG t 150/534$-10E 150/5345-12C 15015345-13A SUBJECT Obstru =n Marking and Lighting Ardwactural. &9neering. and Planning Consultant Services for Alport Grant P Airport Winter Salely and Opetasons Pa *q. Mari&V and LJghdrq of Vehidn Used on an Airport Ak=* Fre and Rescan Corrunun cions Airport Fre and Rome Psrsonni l Prolerllve Cb"V Airport Rescue i Freiglrirq Swim 8ttid V Design Warr Supply Sysmm for Morah Fire and Re sou Proiecion Guide Spediation for Watedfawn Type Allo$ Fre and Rastas Tarda fes* Alport Fre.ard Rttaue Vehicle SpecFK26 n Guide Buidings for awn* and Maxtenarnce of Airport SnorwflemoM'and ke Control.. Equipment A Guide - - X*xnaled WWeadner Observing Sinsfaents tor. (ion -Federal Applications Design Standards for Aircraft Pksiae F*is- ipNiiiq Trakwv Facidrss . Airport Ciesign - - J4port Alpert Pavearerst Oesgn and Ev-ai<setiou, _ "_ _ - , .. - dm �� W �Fi A t r�IRR Airport LarndecaPinO W V/�f, *Q1 Prspaws . - -- _Rxwap LmVb f gA%iseras for Akpart Owl* Marking of Paved Areas on Airports _ InstaMon Deems for Runway Centerkw Touchdown Zone Lghting System Segrne aed �Cvt le Airport MarWW System Economy Approach Lighting Aids Standby Power for Non4AA Airport Lighting Systems Standards for Airport Sign Systems Ta—ay Centerfute Lighting System Airport Uscef wo s Lighting Visual Aids Supplemental Wind Cones Runway and Tamway Edge Ughting Si*m Air-oro-Cwouid-RaiSb-Cbnttof of Aip"a?t1i-Thing Sysleins SQediration for L-821 Panels for Rernow Control of Airport Lighting Catut Selector Sw*:h Speciimbon for L-824 Underground Electrical Cable for Airport LigfiWV Cir uft Specification for Constant Current Regulators Regulator Monitors Speafkation for Airport and Heliport Beacon Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting C+rcuts V-50 Y-51 & 52 CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS (continued) Effective Date: 4-I1-91 NUMBER 15015345468 CHGl&2 15015345-M 155-280 15005345-398 CSG 1 1505345-42C 150/5345-430 1505345.440 15Q/5345-4511 150/5345.46A 150/5345-47A 15C/S345-4M 15x534.5 -W CHG 1 15xS34641 CHG 1 15015345-62 1501536" 15x5360-12 150153603-13 15015370-2C 1506370-68 1 506370-10A CHG 1, 2.3 15O/`.,370-11 CHG 1 150/5370-12 1 SOf5390-2 SUBJECT t Spgc*mfon for L-823 Plug and Recepwde, Cabin Connecun Spec afon for Wind Cam Asssrn66s Precision Approach Pain irndcalor (PAPA Syst+Ores FAA SpedBcafon L-853, Amway and Tardrray CeMartne Rebom& c5w Marken SF 1.4 , tion for Airport LS ft Bas". Translonner "ousirNm Junc*m Brazes and Accessories Spec&afon for Cbm cion LgAtrg Equon" Specdafon for Twm2y and Ruway Signs Ugle Approach Light Saud re Speclicafon for Rurway and Ta=%Qy LW t Falmes _ y 4 oWm Transbmwrs for Airport Lighting Syssenrs Specrication L--854, Radom Conval Equi mw t Specdcafon for Portahie R nww uphes Speclicafon for Diisc3�Type Fiasinr Equi m" Generic vwuai Cidesiope lncieators ( vG4 Plannig am Design d Airport Ternrind Facfiea at iioa-i rub Locators Airport .3' prang A C-moics Planning and Design G adanas far Airport Twumnel FacFdm at Non-+iub Locadoas Operaftal Safety on Airports During caruauctioa Ca mucfon Progress and inspecten Repart---Airport Grant PrV= Standards for Specsiy ng Cortssucion of Arrports Use d Nondesaucriw Testanq Devices in ttw Evaiindan d Airport Ouaity Caned of Cortsaucum br Airport Grant P"cis Hekw Design �i Y-51 & 52 CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS (continued) Effective Date: 4-I1-91 NUMBER 15015345468 CHGl&2 15015345-M 155-280 15005345-398 CSG 1 1505345-42C 150/5345-430 1505345.440 15Q/5345-4511 150/5345.46A 150/5345-47A 15C/S345-4M 15x534.5 -W CHG 1 15xS34641 CHG 1 15015345-62 1501536" 15x5360-12 150153603-13 15015370-2C 1506370-68 1 506370-10A CHG 1, 2.3 15O/`.,370-11 CHG 1 150/5370-12 1 SOf5390-2 SUBJECT t Spgc*mfon for L-823 Plug and Recepwde, Cabin Connecun Spec afon for Wind Cam Asssrn66s Precision Approach Pain irndcalor (PAPA Syst+Ores FAA SpedBcafon L-853, Amway and Tardrray CeMartne Rebom& c5w Marken SF 1.4 , tion for Airport LS ft Bas". Translonner "ousirNm Junc*m Brazes and Accessories Spec&afon for Cbm cion LgAtrg Equon" Specdafon for Twm2y and Ruway Signs Ugle Approach Light Saud re Speclicafon for Rurway and Ta=%Qy LW t Falmes _ y 4 oWm Transbmwrs for Airport Lighting Syssenrs Specrication L--854, Radom Conval Equi mw t Specdcafon for Portahie R nww uphes Speclicafon for Diisc3�Type Fiasinr Equi m" Generic vwuai Cidesiope lncieators ( vG4 Plannig am Design d Airport Ternrind Facfiea at iioa-i rub Locators Airport .3' prang A C-moics Planning and Design G adanas far Airport Twumnel FacFdm at Non-+iub Locadoas Operaftal Safety on Airports During caruauctioa Ca mucfon Progress and inspecten Repart---Airport Grant PrV= Standards for Specsiy ng Cortssucion of Arrports Use d Nondesaucriw Testanq Devices in ttw Evaiindan d Airport Ouaity Caned of Cortsaucum br Airport Grant P"cis Hekw Design • STATE CLEARINGHOUSE NYS Division of the Budget State Capitol, Albany, NY 12224 IS t Al 474.1 FnC 3A1# 42127 -Airport Improvements - R/W 12-30 rehab. R/W 7-25 Rehab., apron & access taxiway Elizabeth Field Airport, Southold, Suffolk County MAR Sheila M. Farley Calocerinos & Spina 1020 Seventh North Street Liverpool, NY 13088 Dear Applicant: The State Clearinghouse has submitted a summary of your proposed federal funding application, identified above, to the State & local review agencies participating in the New York Intergovernmental Review Process. No review agency has objected to, or commented on, your proposed project as described. The review, therefore, is complete; and you may submit this clearance letter to the federal grantor agency as evidence that you have complied with the procedures set up under Presidential Executive Order 12372. If a substantial change is made in the nature or magnitude of the project, kindly submit a revised project notification to us and the the appropriate areawide clearinghouse. .4"631 SJIiIL3001vo � •1 7 7 �oc��FF OIK�OGy o � JUDITH T. TERRY ►? ''� TOWN CLERK p T REGISTRAR OF VITAL STATISTICS N MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone. (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 25, 1992: RESOLVED that the Town Board of the town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Fiscal Year- 1992 Pre - Application for federal Assistance for design and construction of Runway 1203- Rehabilitation, Runway 7-25 Rehabilitation, and Apron and Access Taxiway at Elizabeth Field Airport, Fishers Island, all in accordance with the approval of the Town's consultants Calocerinos E Spina Engineers, P.C. Judith T. Terry Southold Town Clerk February 26, 1992 Z,oi1g Island Rcuional Planning Board PROJECT NOTIFICATION AND REVIEW SYSTEM APPLICANT: ADDRESS: BOX -1179, Southold,N.Y. 11971 RESPONSIBLE OFFICER: CONTACT PERSON: PROJECT TITLE: , d FED. CAT. No.: LIRPB No.: ., • DATE NOI RECD: 2 6/92 MeE OF APPLiCArIoN: New I -I Continuation U Other L: TO THE APPLICANT: Your application has been sent to the following agencies and elected officials: I George Gatta, Jr Deputy Cty. Exec. Hon. Bill Jones, S.C.Legislator Roberta 0. Hunter, S.C.Human Rights Tom Junor Commissioner Joseph Hurley, SCDPW Tann Mirhaal C'aracciolo S C Legislator Comments: r Those comments received are attached hereto. RECEIVED y MAR 10 1992 Pr:,:ecL the appiication process. Southold T^'N^ r1eTk Applicant is NOT CLEARED to proceed with the application process. tiK J / Susan D. Windeshetm. Cfeannghouse �1dmLIlef,laro,/ Pursuant to Executive Order 12372, this letter must be included as part of vour final application as evidence that the Areawide Clearinghouse review of vour project has been completed. This does not remove your obligation to comply with any other federal nr gate laws regarding the project. Thank you for vour cooperation. A95 -D H. Lee Dennison Execur,va om— a... 7 -Ra ..uppelm:n Veterans Merronal Highway, Hauppauge N.Y. 11''98 Executive Director Susan D. Windesheirn (516) 853-5189 veonn9houso Administrator APPLICANT: ADDRESS:_ Z,onLT Island Rc0ional Plannin� Board PROJECT NOTIFICATION AND REVIEW SYSTEM RESPONSIBLE OFFICER: CONTACT PERSON: PROJECT TITLE: beth Field, _4ehet'—'9;91eF,4I FED. CAT. No.: LIRPB No.: _ebb DATE NOI REC'D:___=p,c U TT -PE OF APPLICATION:Continuation ❑ Other u� TO / �_ �� .-mac Gt�i DATE ✓��j Please review -the attached application and provide your comments on this form. Keep the application for your i files and return to LIRPB not later than 'March 1, 1992 If you have any questions please call this office (516)853-4099. You may refer this notification to any other interested parties in your area. I. Do you foresee a conflict between this proposal and any of ,your Agency s projects or programs? (please explain i 2. Do you have any suggestions which will improve the effectiveness or maximize the benefit of this proposal? please explain i I i 3. Do you have some other concerns requiring additional communication about this project:' please explain)- 4. xplaini_4. Is a conference required to resolve your concernr s)'? 3. �-at are your official conments on this project? Please cheek appropriate bo.r. ® This agency has no objection to the project. i ❑ This agency requests that the LIRPB support this project. ❑ This agency requests that the LIRPB not support this project. AGENCY OFFIC AL NL-tKING�ABOVE MMINIENTS: AGENCY NAME: 'ignature Title Daie A95•B Suffolki i i H. Lee Dennisnn F.o, a ria:__ n_- , uppeiman Veterans Memorial Highway, Haug_eNY61 1788 Susan D. WindesheimExecutive Director (516) 853 .5189 ppau Cleanngnous. Administrator x Loll� Island �cgi�ona„I p1aIlI11nLT BoEtrc� PROJECT Nj::Q- ACATION AND REVIEW SYSTEM v w APPLICANT: ADDRESS: _ 30-r 1179, r RESPONSIBLE OFFICER: CONTACT PERSON: PROJECT TITLE: R. � - Elizabeth F!Eeld, Fleher's—!s1ertd FED. CAT. No.: 2 a.. 1 5J IVLIRPB No.:sc- DATE NOI REC'D:_ Ac ir+., TYPE OF APPLICATION: ❑i .New ❑ ❑ �� !� Continuation Other I T0; 6" 17 , ATE Please review he attached application d provide your c6m4iietr files and return to LIRPB not later than 'March 1, 1992 If you have any questions please call this office (516)853-4099. interested parties in your area. 'form. Keep the application for your You may refer this notification to any other 1. Do you foresee a conflict between this proposal and any of your Agency's projects or programs? (please explain) 2. Do you have any suggestions which will improve the effectiveness or maximize the benefit of this proposal? please explain i 3. Do you have some other concerns requiring additional communication about this project?, please explain) 4. Is a conference required to resolve your concerru s i'' 5. What are your official comments ;n this project' Please check appropr:are box. ZThis agency has no objection to the project. ❑ This agency requests that the LIRPB support this project. ❑ This agency requests that the LIRPB not support this project. AGENCYOFFICIAL NLAKING ABOVE COMMENTS A95-8 'Suffolk, H. Lee Denman, F--_ AGENCY NAME: J Ile _ >z I Tile Date i Veterans Memor,al Highway, Hau Executive Director ppauge N.Y. 1178 Susan D. Windeaheim (516) 853-5189 cleoringnouse AdminsTMator Loll Island Roulonal Plannin Board PROJECT NOTIFICATION AND REVIEW SYSTEM APPLICANT ADDRESS: _ RESPONSIBLE OFFICER: --.CONTACT PERSON: - PROJECT TITLE: Fisher's;;4zabeeh Field, FED. CAT. No.: 29. 196 LIRPB No.:Ge 96 DATE NOI RECD: TYPE OF .�.PPLICATION: (�`ew ❑ Continuation E Other _ TO 4 `� ` ,,.�. �i; �� ✓ DATE Please review the attached application and provide your c6mmtofi finis form. Keep the application for your Files and return to LIRPB not later than March 1, 1992 If you have any questions please call this office (5 16) 853-4099. You may refer this notification to any other interested parties in your area. I. Do ,you foresea conflict between this proposal and anv of your Agency's projects or programs? (please explain) go 2. Do you have any suggestions which will improve the effectiveness or maximize the benefit of this proposal? I please explain) Ll V\`e. i 3. Do you have some other concerns requiring additional communication about this project) ( please explain)- 4. xplain)_ 4. Is a conference required to resolve your concerns s)-) i. What are your official comments on this project? Please cheer appropriate box. This agency has no objection to the project. 7 This agency requests that the LIRPB support this project. F1 This agency requests that the LIRPB not support this project. I ENCYOFFICI.0 %LkKINGABOVE COMMENTS: AGENCYN .M�E: T Signature Title t Dae A95•B ,SutTolki -L-CT Lirnmson cxecutrve utlice Building L>e E. Koppelman Veterans Memonai Highway, Hauppauge N.Y. 11188 Executive Director Susan D. Windesheir++ (316) 853-5189 Clearinghouse Admmist ator f Y v` _3 s 0 �,oi��.:I.slanc� �c�loil�l Plalaning PRQJECT NpFiCAT10N AND REVIEW SYSTEM -� APPLICANT: Tnr_... ADDRESS: Tewe -Vnin 20,A 'D RESPONSIBLE OFFICER: CONTACT PERSON: PROJECT TITLE: r FED. CAT. No.:tifr— LIRPB No.:�J.2 a DATE NO[ RECD:-----V44Z TYPE OF APPLICATION: 7 New ❑ Continuation ❑ Other 61 DATE_ Please review the/attacKed application and p%vide your comments on this form. Keep the application for your Files and return to LIRPB not later than March 1, 1992 If you have any questions please call this office (516) 853-•4099. You may refer this notification to any other interested parties in your area. 1. Do ,you foresee a conflict between this proposal and any of your Agency's projects or programs? (please explain) NO i I 2. Do you have any suggestions which will improve the effectiveness or maximize the benefit of th 1pleaseexplain) No is proposal? 3. Do you have some other concerns requiring additional communication about this project:' 1 please explain) No i 4. 1i a conference required to resolve your concerns s 0 No .5. «'hat are your official comments on this project.? P.rease crtech approprtare box. X� This agency has no objection to the project. ❑ This agency requests that the LIRPB support this project. ❑ This agency requests that the LIRPB not support this project. Suffolk Co. Dept. of -kGENCYOFFICIAL %LAKING>B69• rE CONUNIENTS: AGENCYNAME: Public Works �, Sign -\9b-8 1 Suffolk, Lee E. Koppeiman Executive Director Commissioner Title H. Lee Dennison Executive Office Building veterans Memorial Highway, Hauppduge N.Y. 11788 (516) 853-5189 2/18/92 Date Susan D. Windesheim Cleatngnouse Admirnstrwor I 'D4 otNr•T PROTECTTCN W ►Avco aA�W ol mart m Cove BLOCK ISLAND smm vsmcow i O � ETISTI�L AaoCATEM nwsE OL9 SOO �REIau7ED TNoyQD 00*0 (\�/EVAS7RIIM AvL EKmD6 "WAY ►RO7ECTIOR UK Aa PLA04M 0"W= NGTES: © IE7 TORK STATE KATE COORDINATE VALIIE.S NORTH EAST T X MW UTIYATD 38OH3.025 254m156 81� 12 ETD PAV'7. 380262.534 2539742.680 8R 30 END PAYT. 379T94.076 2542512.384 111 07 END PATT. 37%5214 2540199.670 Df 25 END PAVT. 380653.373 254990.057 ® GRID IS BASED ON NEW TORR STATE PLANE COORDINATE STSTEN,LONC ISLAND ZONE ® AREA = 19S ACRES (TITLE IN FEE) LAND ACOUISITION TABLE OtANTOR At DATE I0R , ,� ACRFIQ SoLva 1 IuCTo 7T•M7 • rQy 1 .AM snRf• a — f A I EVI LEGEND R SIONS TOMN OF SMCID FIS(RS I$ ANC TLA. .Aril 00.0 By DATE CNAM(a ELIZABETH FIELD AIRPORT My AOAO T ® our. ro.:: LIQ( AIRPORT PROPERTY MAP DESIGNED: DE CRA..; ,CT I J ��— .ROP-�T7 LIEF CHECKED. GE DA,E: 25�.Aa T..99+ SHEET of R0A0 AaAouT PRD TCT FILE No., 21-3.001 ICA00 FILE NO.: 46ou2Cl CiS Cabcerms85pma L 'I JUDITH T. TERRY Town Hall, 53095 Main Roadj TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS �' Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 i OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 26, 1992 Mark F. Petranchuk, Managing Engineer Calocerinos S Spina Engineers, P.C. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Fishers Island Airport Runway 12-30 Overlay Lump Sum Consultant Agreement for Design Dear Mr. Petranchuk: Transmitted herewith are six (6) executed Lump Sum Consultant Agree- ments for Design for the Elizabeth Field, Fishers Island, Runway 12-30 Overlay. I have retained two (2) copies for our records. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (6) cc: Accounting & Finance C�--'"IS calocorinos & Spina Engineers. P.C. ` f.q June 18 1992 LUPMUZ-& ,'f ay F,e Mr. Scott L. Harris Supervisor, Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Fishers Island Airport Runway 12-30 Overlay Lump Sum Consultant Agreement for Design File: 211. Dear Mr. Harris: Enclosed are eight copies of the Lump Sum Consultant Agreement for Design services on the above -referenced project. The amount of this Agreement has verbally been approved by the Federal Aviation Administration and is identical to the draft agreement previously submitted for your review. If the enclosed Agreement meets your approval, please execute, retain the required number of copies for your records and return the remainder, along with a copy of the resolution authorizing execution, to my attention for distribution to the New York State Department of Transportation and Federal Aviation Administration. If you have any questions in reference to the enclosed, please do not hesitate to contact me. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. Mark F. Petranchuk Managing Engineer MFP Jmc Enclosures 1020 Seventh North Street, Liverpool, NY 13088-6199 (315) 457-6711 FAX (315) 457-QR11' A JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 16, 1992: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Lump Sum Consultant Agreement with Calocerinos S Spina Engineers, P.C., for engineering design services necessary for the construction of a bituminous overlay on Runway 12-30 (2328' x 1001) at Elizabeth Field Airport, Fishers Island, at a lump sum fee of $58,064.00; said consultant agreement all in accordance with the recommendation of the Board of Commissioners of the Fishers Island Ferry District. Judith T. Terry Southold Town Clerk June 17, 1992 d 4 .ir%s:xlI\aVmrv►cz,o ? f SCHEDULE E (RESOLUTION TO BE INSERTED) i 9.11.91 Ll SCHEDULE F ENGINEER'S REPORT GENERAL CONTENTS SECTION 1- INTRODUCTION A paragraph or so generally including the following: A. Airport location, owner, operator, brief history. B. Type of airport, classification, airplane design group. C. Based aircraft, aircraft operations, enplanements. 1.01 Proposed Development Generally includes: A. A brief explanation of the scope of the proposed improvement. B. How project fits in with present and future development of the airport as shown on ALP. 1.02 Purpose and Scope of Report Generally includes: A. Purpose of report. B. Contents of report (ie. basis of design, cost estimates, recommendations, development of alternative improvements, etc.). 1.03 Scope of Professional Services Generally includes: A. List of professional services to be provided (ie. survey, visual inspection, pavement design, report preparation, etc.). 1.04 Airside Facilities Generally includes: A. Description of existing airside facilities. B. Reference to General Plan. 1.05 Environmental Considerations (Use Standard) 1.06 Safety Considerations (Use Standard) 9.11.91 vkVA21 vgv=c.%AG210 SECTION 2 - GEOTECIMCAL General paragraph to include: A. Geotechnical testing setup in accordance with FAA AC. B. When conducted. C. Purpose & contents of section. 2.01 Subsurface Investigation Generally includes: A. Description of subsurface investigation program. B. What the investigation included. C. Who performed the testing. D. Reference boring plan. 2.02 Laboratory Testing Generally includes: A. Type and number of laboratory tests to be conducted. B. Testing standards followed. 2.03 Findings Generally includes: A. Results of geotechnical investigation. B. Subgrade soils. C. Ground water conditions. D. Frost conditions. E. Subgrade density and strength. 2.04 Conclusions and Recommendations Generally includes: A. Existing pavement section. B. Subgrade limiting soil type, compaction, CBR. C. Subgrade frost susceptibility. D. Need for underdrains, stabilization fabric, drainage improvements. E. Special construction methods required. F. Reference to Appendix for data. .i5:\21 11&g=xuv►c210 9.11.91 SECTION 3 - BASIS OF DESIGN General paragraph to include: A. Purpose and contents of section. B. Reference to FAA AC (General). 3.01 Construction I3istory Generally includes: A. History of airport pavement to be overlayed (ie. initial pavement section, overlays, maintenance efforts, etc.). B. Graphic showing different pavement types, Figure No. 4. 3.02 Existing Pavement Condition Generally includes: A. Discussion of existing pavement condition. B. Indication of pavement distress and severity. C. Possible figure showing location of the various pavement distresses. D. Indication of areas requiring reconstruction, or special repair. 3.03 Preparation of Existing Pavement Generally includes: A. Indication of repairs, type of crack sealing, and surface preparation required prior to the overlay. B. Indication if reflective crack membrane is to be used. 3.04 Overlay Design Generally includes: A. Aircraft mix. B. Selection of design aircraft. C. Determination of equivalent annual total departures by design aircraft. D. Design Data - design aircraft, maximum takeoff weight, landing gear configuration, equivalent annual departures, soil classification, subgrade CBR, subbase CBR. E. Existing pavement strength. F. Required pavement strength. G. Overlay design. 9.11.91 .u\5:\21 i\sgnnz.wcz10 3.05 Pavement Geometry Generally includes: A. Reference to FAA AC 150/5300-4B, "Utility Airports" or FAA AC 150/5300-12, "Airport Design Standards - Transport Airports". B. Pavement widths and lengths. C. Limits of overlay. 3.06 Surface Gradients Generally includes: A. Reference to FAA AC 150/5300-4B, "Utility Airports" or FAA AC 150/5300-12, "Airport Design Standards - Transport Airports". B. Proposed pavement longitudinal and transverse grades. C. Allowable grades (FAA AC). D. Refer to Figure No. 3. 3.07 Safety Areas Generally includes: A. Reference to FAA AC 150/5300-4B, "Utility Airports" or FAA AC 150/5300-12, "Airport Design Standards - Transport Airports". B. Required safety area, dimensions and grades. C. Proposed safety area grades and dimensions. 3.08 Runway Grooving Generally includes: A. Purpose and justification for grooving. B. Area to be grooved. C. Dimensions of grooves. 3.09 Markings Generally includes: A. Refer to FAA AC 150/5340-1F, "Marking of Paved Areas On Airports". B. Type and color of markings to be applied. SECTION 4 - BID ALTERNATIVES AND COST ESTIMATES Generally includes: A. Purpose of section. 9.11.91 w\5:\21 n.V,muv►czw 4.01 Bid Alternatives Generally includes: A. Breakdown of how improvements are to be bid. B. Priority of improvements. 4.02 Cost Estimates Generally includes: A. Detailed cost estimates. B. Source of quantities and unit costs. 4.03 Project Cost Summary and Analysis Generally includes: A. Cost for various bids (ie. base, alternate No. 1, Add -Ons). B. Alternate project cost combinations. C. Alternative project cost summary. APPENDICES A - Geotechnical Data B - Pavement Design Curves and Calculations C - Figures Figure No. 1 - General Plan Figure No. 2 - Boring Location Plan Figure No. 3 - Centerline Profile and Cross -Sections (Optional) Figure No. 4 - Existing Pavement Type & Section Plan (Optional) 9.11.91 dAS:X21I Vv®uNG210 SCHEDULE G CERTIFICATION OF CONSULTANT I hereby certify that I am the Division Manager and duly authorized representative of the firm of Calocerinos & Spina Engineers, P.C., whose address is 1020 Seventh North Street, Liverpool, New York, and that neither I nor the above firm I here represent has: A. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Contract. B. agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services of any firm or person in connection with carrying out the Contract, or C. paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States' Department of Transportation, in connection with this Contract, involving participation of Airport Improvement Program (AIP) funds and is subject to applicable state and Federal laws, both criminal and civil. ,/ i/i, / /� _� i/moi ,Pate l6am,P� Division Manager END OF SCHEDULE .v\5:\21 i\sgwmuv►cz►o 9.11.91 SCHEDULE H AIRPORT AID PROGRAM There is set forth below the contract provision required by the regulations of the Secretary of Labor in Parts 5 and Sa of Title 29 of the Code of Federal Regulations. Section 15255(x) requires sponsors to insert this provision in full in each construction contract. PROVISION REQUIRED BY THE REGULATIONS OF THE SECRETARY OF LABOR A. MINIMUM WAGES All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision(s) of the Secretary of Labor which is (are) attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision(s) shall be posted by the contractor at the site of the work in a prominent place where it (they) an be easily seen by the workers. For the purpose of this paragraph, contributions made or costs reasonably anticipated under Section 1(b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Subparagraph 4 below. Also for the purpose of this paragraph, regular contributions made or casts incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period [29 CFR 55(a)(1)(i)). 2. Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination(s) and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination(s), and a report of the action taken shall be sent by the SPONSOR to the FAA for approval and transmittal to the Secretary of Labor. In the event that the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for final determination [29 CFR 55(a)(1)(ii)). 3. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof shall be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for determination [29 CFR 55(a) (1)(iii)]. 4. If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract. Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. B. WITHHOLDING: FAA FROM SPONSOR. Pursuant to the terms of the grant agreement between the United States and SPONSOR, relating to Airport Development Aid Project No._____, and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), the FAA may withhold or cause to be withheld from the SPONSOR so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the Contractor or any Subcontractor on the work the full amount of wages required by this Contract. In the event of failure to pay any laborer or mechanics, including any apprentice or trainee, employed or working on the site of the work all or part of the wages required by this Contract, the FAA may, after written notice to the SPONSOR, take such action as may be necessary to cause the suspension of any further payment or advance of funds until such violations have ceased [29 CFR 55(a)(2)]. C. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 55(a)(1)(iv) (see Subparagraph 4 of Paragraph A above), that the wages of any laborer or mechanic include the amount of any casts reasonably anticipated in providing benefits under a plan or program described in Section 1(bx2XB) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that 9.11.91 aiA5:\2114&mxmdAG210 H-2 the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits [29 CFR 5.5(ax3)(i)J. 2. The Contractor will submit weekly a copy of all payrolls to the SPONSOR for availability to the FAA as required by SS 15259(a). The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this Contract and the Copeland regulations of the Secretary of Labor (29 CFR Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor, under 29 CFR 5.5(axlxiv) (see Subparagraph 4 of Paragraph A above), shall satisfy this requirement. The prime Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors. The Contractor will make the records required under the labor standards clauses of the Contract available for inspection by authorized representatives of the FAA and the Department of Labor, and will permit such representatives to interview employees during working hours on the job [29 CFR 55(a)(3)(ii)]. D. APPRENTICES AND TRAINEES 1. Apprentices. Apprentices will be permitted to work as such only when the are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shalt not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in Subparagraph 2 of this Paragraph, or who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed The Contractor or Subcontractor will be required to furnish to the SPONSOR written evidence of the registration of his program and apprentices as well as of the Appropriate ratios and wage rates, for the area of construction prior to using any apprentices on the contract work [29 CFR 55(a)(4)J. 2. Trainees. Trainees will be permitted to work as such when they are bona fide trainees employed pursuant to a program approved by the United States Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training and, where Subparagraph 3 of this Paragraph is applicable, in accordance with the provisions of Part 5a.29 CFR, Subtitle A- 3. Application of 29 CFR Part Sa. On contracts in excess of $10,000, the employment of all laborers and mechanics, including apprentices and trainees as defined in 29 CFR 5.2(c) shall be also be subject to the provisions of 29 CFR Part 5a. Apprentices and trainees shall be hired in accordance with the requirements of 29 CFR Parts 5a as set forth in Subparagraphs 4, 5, 6, 7, and 8 of this Paragraph. 4. Apprentice and Trainee Employment Requirements. a. The Contractor agrees: 1) That he will make a diligent effort to hire for the performance of the contract a number of apprentices or trainees, or both, in each occupation, which beats to the average number of the journeymen in that occupation to be employed in the performance of the contract the applicable ratio as determined by the Secretary of Labor, 2) That he will assure that 25 percent of such apprentices or trainees in each occupation are in their first year of training, where feasible. Feasibility here involves a consideration of the availability of training opportunities for fust year apprentices, the hazardous nature of the work for beginning workers, excessive unemployment of apprentices in their second and subsequent years of training; and 3) That during the performance of the Contract he will, to the greatest extent possible, employ the number of apprentices or trainees necessary to meet currently the requirements of Subdivisions 1) and 2) of this Subparagraph. b. The Contractor agrees to maintain records of employment by trade of the number of apprentices and trainees, apprentices and trainees by first year of training, and of journeymen, and the wages paid and hours of work of such apprentices, trainees, and journeymen. The Contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal Aviation Administration. 9.11.91 .ir%5:%211 Vp=ft1AG210 H-3 C. The Contractor who claims compliance based on the criterion stated in (Subdivision 5 b. of this Paragraph) agues to maintain records of employment, as described in Subdivision b. of this Paragraph on non -Federal and non - Federally assisted construction work done during the performance of this contract in the same labor market area. The Contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal Aviation Administration. d. The Contractor agrees to supply one copy of the written notices required in accordance (with Subsection 5 c.) at the request of Federal Aviation Administration compliance officers. The Contractor also agrees to supply at three-month intervals during performance of the Contract and after completion of contract performance a statement describing steps taken toward mairing a diligent effort and containing a breakdown by craft, of hours worked and wages paid for fust year apprentices and trainees, other apprentices and trainees, and journeymen. One copy of the statement will be sent to the Federal Aviation Administration, and one to the Secretary of Labor. C. The Contractor agrees to insert in any Subcontract under this contract the requirements contained (in this Subdivision 4). Subparagraphs 5, 6, 7, and 8 shall also be attached to each such Contract for the information of the Contractor. The term "Contractor" as used in such clauses in any Subcontract shall mean the Subcontractor. S. Criteria for Measuring Diligent Effort. A Contractor will be deemed to have made a "diligent effort" as required by Subparagraph 4 of this Paragraph if during the performance of his Contract be accomplishes at least one of the following three objectives: a. The Contractor employees on this project a number of apprentices and trainees by craft as required by the Contract clause at least equal to the ratios established in accordance with Subparagraph 6 of this Paragraph. b. The Contractor employs, on all his public and private, construction work combined in the labor market area of this project, an average number of apprentices and trainees by craft as required by the contract clauses, at least equal to the ratios established in accordance with Subparagraph 6. C. 1) Before commencement of work on the project, the Contractor, if covered by a collective bargaining agreement, will give written notice to all joint apprenticeship committees: the local United States Employment Security Office; local chapter of the Urban League (Workers Defense League) or other local organization concerned with minority employment; and the Bureau of Apprenticeship and Training Representative, United State Department of Labor, for the locality. The Contractor, if not covered by a collective bargaining agreement, will give written notice to all the groups stated above except joint apprenticeship committees; this Contractor also will notify all non -joint apprenticeship sponsors in the labor market area. 2) The notice will include at least the Contractor's name and address, the jobsite address, value of contract, expected starting and completion dates, the estimated average number of employees in each occupation to be employed over the duration of the Contract, and a statement of his willingness to employ a number of apprentices and trainees at least equal to the ratios established in accordance with Subparagraph 6. 3) The Contractor must employ all qualified applicants referred to him through normal channels (such as the Employment Service, the Joint Apprenticeship Committees and, where applicable, minority organizations and apprentice outreach programs who have been delegated this function) at least up to the number of such apprentices and trainees required by the applicable provision of Subparagraph 6. 6. Determination of ratios of Apprentices or Trainees to Journeymen. The Secretary of Labor has determined that the applicable ratios of apprentices and trainees to journeymen in any occupation shall be as follows: a. In any occupation the applicable ratio of apprentices and trainees to journeymen shall be equal to the predominant ratio for the occupation in the area where the construction is to be undertaken, set forth in collective bargaining agreements or other employment agreements, and available through the Regional Manager for the Bureau of Apprenticeship and Training for the applicable area. b. For any occupation for which no such ratio is found the ratio of apprentices and trainees to journeymen shall be determined by the Contractor in accordance with the recommendations set forth in the standards of the National Joint Apprentice Committee for the occupation, which are filed with the United States Department of Labor's Bureau of Apprenticeship and Training. C. For any occupation for which no such recommendations are found, the ratio of apprentices and trainees to journeymen shall be at least one apprentice or trainee for every fm journeymen. 7. Variations, Toleranas, and Exemptions. Variations, tolerances, and exemptions from any requirement of this Part with respect to any Contract or Subcontract may be granted when such action is necessary and proper in the public 9.11.91 .uAs:121 cN.Zmmno.uo210 H-4 interest, or to prevent injustice, or undue hardship. A request for a variation, tolerance, or exemption may be made in writing by any interested person to the Secretary, United States Department of Labor, Washington, D.0 20210. & EaforaenmL a The FAA shall insure that the Contract clauses required by Subdivision 4 a. of this Paragraph are inserted in every Federal or Federally assisted duction contract subject thereto. For assistance programs for construction wort for which it does not contract directly, the FAA shall promulgate regulations and procedures necessary to insure that contracts for the construction work subject to Subdivision 4 of this Paragraph D will contain the clauses required thereby. b. Enforcement activities, including the iavesuption of complaints of violations, to assure compliance with the requirements of this Part, shall be the primary duty of the FAA. The Department of Labor will coordinate its efforts with the FAA, at may be necessary to assure consistent enforcement of the requirements of this Part. Enforcement of these provisions shall be in accordance with 29 CFR 5.6. E. COMPLIANCE WTf'H COPELAND REGULATIONS. The Contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Saxetary of Labor which are herein incorporated by reference (29 CFR 5S(a)(5)). F. OVERTIMEREQUIREMENTS. No Contractor or Subcontractor contracting for any part of the contract workwhich may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in ezcate of 40 hours in such workweek unless such laborer or mechanic received compensation at a rate not less than 11/2 times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek, as the case may be (29 CFR 5.5(c)(1)). G. VIOLATIONS; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. In the event of any violation of Paragraph F of this provision, the Contractor and any Subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shalt be computed, with respect to each individual laborer or mechanic employed in violation of said Paragraph F of this provision, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of 8 haus or in excess of the standard workweek of 40 hours without payment of the overtime wages required by said Paragraph F of this Provision (29 CFR 3S(c)(2)). H. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES, AND PRIORITY OF PAYMENT. The FAA may withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or Subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in Paragraph G of this Provision (29 CFR 5.5(c)(3)). In the event of failure or refusal of the Contractor or any Subcontractor to comply with overtime pay requirements of the Contract Work Houtz and Safety Standards Act, if the funds withheld by the FAA for the violations are not sufficient to pay fully both the unpaid wages due laborers and mechanics and the liquidated damages due the United States, the available funds shall be used first to compensate the laborers and mechanics for the wages to which they are entitled (or an equitable portion thereof when the funds are not adequate for this purpose); and the balance, if any, shall be used for the payment of liquidated damages (29 CFR 5.14(dX2)). WORKING CONDITIONS. No Contractor may require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1518; 36 F.R. 7340) issued by the Secretary of Labor. J. SUBCONTRACTS. The Contractor will insert in each of his subcontracts the clauses contained in Paragraphs A through K of this provision, and also a clause requiring the Subcontractor: to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made (29 CFR 5S(a)(6), 5.5(cx4)). K. CONTRACT TERMINATION; DEBARMENT. A breach of Paragraphs A through J of this provision may be grounds for termination of the contract. A breach of Paragraphs A through E and I may also be grounds for debarment as provided in 29 CFR 5.6 of the regulations of the Secretary of Labor (29 CFR 5.5(a)(7)). END OF SCHEDULE 9.11.91 SCHEDULE I LABOR LAW AND NON-DISCRIMINATION REQUIREMENTS LABOR LAW REQUIREMENTS. The Consultant Subcontractor specifically agrees, as required by the Labor Law, Section 220, 220-4 and 220t, as amended, that the execution of this Agreement binds him to the following specific agreements: A. No laborer, worker or mechanic in the employ of the Consultant Subcontractor, Subcontractor or other person doing or contracting to do the whole or part of the work included in this Agreement shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week in the performance of work included in this Agreement except in the emergencies set forth in the Labor Law; B. The wages (including supplements) paid for a legal day's work shall not be less than the prevailing rate of wages (including supplements) as defined by Lawn, C. The minimum hourly rate of wages (including supplements) to be paid shall not be less than that designated by the Industrial Commissioner, D. The minimum hourly supplements to be aid shall be in accordance with the prevailing practices in the locality where the Project is located and shall be not less than those designated by the Industrial Commissioner. Supplements as defined in Section 220 of the Labor Law, as amended, mean all remuneration for employment paid in any medium other than cash or reimbursement for expenses or any payments which are not wages within the meaning of the Law, including but not limited to health, welfare, non- occupational disability, retirement, vacation benefits, holiday pay and life insurance; E The Labor Law provides that the Agreement may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than; 1. The stipulated wage scale (including supplements) as provided in the labor Law, Section 220, Subdivision 3, as amended, or 2. The stipulated minimum hourly scale (including supplements) as provided in the Labor Law, Section 220-4, as amended; F. The Consultant Subcontractor specifically agrees as required by the provisions of Labor Law, Section 220-e, as amended, that: 1. In the hiring of employees for the performance of work under the Agreement of any Subcontract hereunder, no Consultant Subcontractor, Subcontractor or any person acting on behalf of such Consultant Subcontractor or Subcontractor shall, by reason of ram, creed, sex, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates 2. No Consultant Subcontractor, Subcontractor or any person on his behalf, shall in any manner discriminate or intimidate any employee hired for the performance of work under the Agreement on account of race, creed, sex, color or national origin. 3. There may be deducted from the amount payable to the Consultant Subcontractor by the Consultant under the Agreement a penalty of five dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement. 4. The Agreement may be canceled or terminated by the Consultant and all monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this Section of the Agreement. Additional FedcW Labor Law provisions are contained in the attached Appendix. 9.11.91 avN5:\21 1\xVnnaUo210 4► I-2 NON-DISCRIMINATION REQUIREMENTS. During the performance of this Contract, the Consultant Subcontractor agrees as follows: A. The Consultant Subcontractor shall not discriminate against any employee or applicant for employment because of nice, creed, sex, color or national origin, and shall take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Such action shall be taken with reference to, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. B. The Consultant Subcontractor shall send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice to be provided by the State Division of Human Rights, advising such labor union or representative, of the Consultant Subcontractor's Agreement under Clauses A. through G. (hereinafter called "non-discrimination clauses"). If the Consultant Subcontractor was directed to do so by the contracting agency as part of the bid or negotiation of this Agreement, the Consultant Subcontractor shall request such labor union or representative to furnish it with a written statement that such labor union or representative shall not discriminate because of race, creed, sex, color, or national origin and that such labor union or representative shall affirmatively cooperate within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Agreement shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with a request that it furnish such a statement, the Consultant Subcontractor shall promptly notify the State Division of Human Rights of such failure or refusal. C. The Consultant Subcontractor shall post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights setting forth the substance of the provision of clauses (a) and (b) and such provisions of the State's laws against discrimination as the State Commissioner of Human Rights shall determine. D. The Consultant Subcontractor shall state, in all solicitations or advertisements for employees placed by or on behalf of the Consultant Subcontractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Ii The Consultant Subcontractor shall comply with the provision of Section 291-299 of the Executive Law and Civil Rights Law, shall furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these non-discrimination clauses and such sections of the Executive Law, and shall permit access to its books, records and accounts by the State Commissioner of Human Rights, the attorney General and Industrial Commissioner for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and the Civil Rights Law. F. This Agreement may be forthwith canceled, terminated or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the State Commissioner of Human Rights that the Consultant Subcontractor has not complied with these non-discrimination clauses, and the Consultant Subcontractor may be declared ineligible for future Agreements made by or on behalf of the State or a public authority or agency of the State, until be satisfies the State Commissioner of Human Rights that he has established and is carrying out a program in conformity with the provision of these non-discrimination clauses. Such findings shall be trade by the State Commissioner of Human Rights after conciliation efforts by the State Division of Human Rights have failed to achieve compliance with these non-discrimination clauses and after a verified compliant has been filed with the State Division of Human Rights, notice thereof has been given to the Consultant Subcontractor, and an opportunity has been afforded him to be heard publicly before the State Commissioner of Human Rights or his designee. Such sanctions may be imposed and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by Law. END OF SCHEDULE 4A5:%211VV=w%AG210 9.11.91 SCHEDULE J "In accordance with Chapter 406 of the Laws of 1981, the Contractor hereby promises, asserts and represents that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating or shall participate in an international boycott in violation of the provisions of the United States Export Administration Act of 1969, as amended, or the United States Export Administration Act of 1979, or the effective Regulations of the United States Department of Commerce promulgated under either Act. "It is understood further that the Sponsor in awarding a contract does so in material reliance upon the promise and representation made by the Contractor in the foregoing paragraph and that such contract shall be rendered forfeit and void by the State Comptroller if subsequent to the bid execution date, the Contractor or such owned or affiliated person, firm, partnership or corporation has been convicted of a violation of the aforesaid Acts or Regulation or has been found upon final determination of the United States Commerce Department or any other appropriate agency of the United States to have violated such Acts or Regulations. 'The Contractor agrees to and shall notify the Commissioner of Transportation and the Director of the Bureau of Contracts and State Expenditures in the Department of Audit and Control of any such conviction or final determination of violation within five days thereof." END OF SCHEDULE .ir\5:%211aVnvft\►c210 9.11.91 LUMP SUM CONSULTANT AGREEMENT FOR DESIGN PROJECT: Fishers Island - Elizabeth Field Runway 12-30 Overlay FAA AIP PROJECT NO. 3-36-0029-06-92 NYSDOT PROJECT NO. This Agreement made this WJI-f�6 day of n'i• A,& ,1992, by and between the Town of Southold (hereinafter referred to as the "SPONSOR"), and Calocerinos & Spina Engineers, P.C. (hereinafter referred to as the "CONSULTANT"). WITNESSETH: That the SPONSOR and the CONSULTANT, for the consideration hereinafter named, agree as follows: ARTICLE 1. DESCRIPTION OF WORK TO BE DONE. The SPONSOR agrees to and hereby does retain and employ the personal service of the CONSULTANT because of his ability and reputation, and the CONSULTANT agrees to perform such services of said Project being particularly described in Schedule A attached hereto and made a part hereof. ARTICLE 2. PROVISION FOR PAY HENT. The SPONSOR shall pay to the CONSULTANT and the CONSULTANT agrees to accept as full compensation for his services under this Agreement, a lump sum fee of $58,064.00 covering salaries of employees assigned to the Project, all indirect costs, all direct expenses and profit. The maximum fee ender this Agreement cannot be exceeded for any reason, unless additional services are performed in accordance with the Extra Work Provision in Article 11 of this Agreement. Partial payments of the lump sum fee shall be made monthly on account. Such monthly installments shall be in amoums determined by the SPONSOR and shall be based on its review of a monthly progress report submitted by the CONSULTANT. Retainage in the amount of five percent (5%) of each monthly installment, exclusive of Subcontractor costs, up to a maximum of Twenty Thousand Dollars ($20,000.00) shall be withheld by the SPONSOR conditioned upon the faithful performance of all terms and provisions of this Agreement. The SPONSOR shall retain from each monthly installment five 9.11.91 .iASA211NsV=0s\Anz18 2 - percent (5%) of each Subcontractor's costs up to a maximum of Twenty Thousand Dollars ($20,000.00) for each individual Subcontractor. Release of retainage will be made upon the satisfactory completion of the work covered by the lump sum fee. The CONSULTANT specifically agrees that the Agreement shall be deemed executory only to the extent of the monies available, and no liability shall be incurred by the SPONSOR beyond the monies available for the purpose. The time for completion of the services agreed to under this Contract shall be as recorded in Schedule A which is attached and made a part of this Agreement. The method of computation of the CONSULTANT lump sum fee is prescribed in Schedule B which is attached and made a part of this Agreement. ARTICLE 3. STANDARD PRACTICES AND REQuIREmENhs. The CONSULTANT shall ascertain the standard practices of the SPONSOR, the New York State Department of Transportation, and the Federal Aviation Administration prior to beginning any of the work of this Project. Where practicable, all work required under this Agreement shall be performed in accordance with these standard practices. In the event that provisions of these standard practices are in conflict or strict adherence to same is impossible or undesirable, the CONSULTANT may, with the approval of the other parties, vary or deviate from such standards. The CONSULTANT shall certify that all work performed under this Agreement shall conform with all approved Federal and State standards and/or with deviations of such standards when approved. ARTICLE 4. DOCUMENTS FORMING THE CONTRACT. The Contract Documents shall be deemed to include this Agreement, with accompanying schedule or schedules. ARTICLES. TAXES, ROYALTIES AND EXPENSES. The CONSULTANT shall pay all taxes, royalties and expenses incurred in connection with the services under this Agreement, unless otherwise provided in Article 2. ARTICLE 6. CONSULTANT LIABILITY. The CONSULTANT shall be responsible for all damage to life and property due to activities of the CONSULTANT, his Subcontractors, agents or employees, in connection with his services under this Agreement. The CONSULTANT specifically agrees that his Subcontractors, agents or employees shall 9.11.91 ,uv:m1\.gmmu\AG210 -3 - possess the experience, knowledge and character necessary to qualify them individually for the particular duties they perform. Further, it is expressly understood that the CONSULTANT shall indemnify and save harmless the SPONSOR, New York State Department of Transportation and Federal Aviation Administration from claims, suits, actions, damages and costs of every name and description resulting from the negligent performance of the services of the CONSULTANT under this Agreement, and such indemnity shall not be limited by reason of enumeration of any insurance coverage herein provided. Negligent performance of service, within the meaning of this Article, shall include, in addition to negligence founded upon tort, negligence based upon the CONSULTANT'S failure to meet professional standards and resulting in obvious or patent errors in the progression of his work. Nothing in this Article or in this Agreement shall create or give to third parties any claim or right of action against the CONSULTANT or the SPONSOR beyond such as may legally exist irrespective of this Article or this Agreement. ARTICLE 7. LABOR LAW REQUIREMENTS. The CONSULTANT specifically agrees, as required by the Labor Law, Sections 220, 220-4 and 220-e, as amended, that his execution of this Agreement binds him to the following specific agreements: A. No laborer, worker or mechanic in the employ of the CONSULTANT, Subcontractor or other persons doing or contracting to do the whole or part of the work included in the Agreement shall be permitted or required to work more than eight (8) hours in any one (1) calendar day or more than five (5) days in one (1) week in the performance of work included in this Agreement except in the emergencies set forth in the Labor Law; B. The wages (including supplements) paid for a legal day's work shall be not less than the prevailing rate of wages (including supplements) as defined by law; C. The minimum hourly rate of wages (including supplements) to be paid shall not be less than that designated by the Industrial Commissioner; D. The minimum hourly supplements to be paid shall be in accordance with the prevailing practices in the locality where the Project is located and shall be not less than designated by the Industrial Commissioner. Supplements as defined in Section 220 of the Labor Law, as amended, mean all remuneration for employment paid in any medium other than cash or reimbursement for expenses or any payments which are not wages within the meaning of the law, including, but not limited to health, welfare, non -occupational disability, retirement, vacation benefits, holiday pay and life insurance; E. The Labor Law provides that the Agreement may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than: 1. The stipulated wage scale (including supplements) as provided in the Labor Law, Section 9.11.91 dA5:\21 Vp mmuAG210 -4- 220, Subdivision 3, as amended, or 2. The stipulated minimum hourly scale (including supplements) as provided in the Labor Law, Section 220-d, as amended. F. The CONSULTANT specifically agrees as required by the provisions of Labor Law, Section 220- e, as amended, that: 1. In the hiring of employees for the performance of work under this Agreement or any Subcontract hereunder, no CONSULTANT, Subcontractor, nor any person acting on behalf of such CONSULTANT or Subcontractor shall, by reason of race, creed, sex, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; 2. No CONSULTANT or Subcontractor or any person on his behalf, shall in any manner discriminate or intimidate any employee hired for the performance of work under the Agreement on account of race, creed, sex, color or national origin; 3. There may be deducted from the amount payable to the CONSULTANT by the SPONSOR under the Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; 4. The Agreement may be canceled or terminated by the SPONSOR and all monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of the Agreement. G. Surveying Services - The SPONSOR recognizes that the CONSULTANT will be required by the New York State Department of Labor to compensate its personnel performing field survey work in accordance with applicable state wage rates in effect at the same time services are performed. The SPONSOR understands that the CONSULTANT has no control over these labor rates and their periodic increases. Therefore, it is agreed that the SPONSOR will compensate the CONSULTANT for field survey services included as a part of this agreement in accordance with the pricing schedule made a part of this agreement. Furthermore, the SPONSOR will compensate the CONSULTANT for all increases in labor costs including applicable overhead and profit when those increases occur by direction of the New York State Department of Labor. Billings for these increases and payments by the SPONSOR of these increases will take place routinely in accordance with the appropriate terms of this agreement and these increases will be paid as an additional cost over and above the agreed contract amount. Additional Federal Labor Law provisions are contained in Schedule H. 9.11.91 av%S:%2111@VmemUG210 -5 - ARTICLES. NON-DISCROMATION PROVISIONS. During the performance of this Contract, the CONSULTANT agrees as follows: A. The CONSULTANT shall not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin, and shall take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Such action shall be talo with reference to, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation and selection for training or retraining, including apprenticeship and on-the-job training. B. The CONSULTANT shall send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Division of Human Rights, advising such labor union or representative of the CONSULTANT's Agreement under clauses (a) through (g) (hereinafter called "non- discrimination clauses"). If the CONSULTANT was directed to do so by the contracting agency as part of the bid or negotiation of this Agreement, the CONSULTANT shall request such labor union or representative to furnish him with a written statement that such labor union or representative shall not discriminate because of race, creed, sex, color or national origin and that such labor union or representative shall affirmatively cooperate within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non- discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Agreement shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with a request that it furnish such a statement, the CONSULTANT shall promptly notify the State Division of Human Rights of such failure or refusal. C. The CONSULTANT shall post and keep in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the State's laws against discrimination as the State Commissioner of Human Rights shall determine. D. The CONSULTANT shall state, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, that all qualified applicants shall be afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. E. The CONSULTANT will comply with the provisions of Section 291-299 of the Executive Law and Civil Rights Law, will furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the State Commissioner of Human Rights, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. 9.11.91 .ir%5:%21BegmaW G210 Si F. This Agreement may be forthwith canceled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commissioner of Human Rights that the CONSULTANT has not complied with these non-discrimination clauses, and the CONSULTANT may be declared ineligible for future Agreements made by or on behalf of the State or a public authority or agency of the State, until he satisfies the State Commissioner of Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the State Commissioner of Human Rights after conciliation efforts by the State Division of Human Rights have failed to achieve compliance with these non-discrimination clauses and after verified complaint has been filed with the State Division of Human Rights, notice thereof has been given to the CONSULTANT and an opportunity has been afforded him to be heard publicly before the State Commissioner of Human Rights or his designee. Such sanctions may be imposed and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by law. G. The CONSULTANT will include the provisions of clauses (a) through (f) in every Subcontract or purchase order in such a manner that such provisions will be binding upon each Subcontractor or vendor as to operations to be performed within the State of New York. The CONSULTANT will take such action in enforcing such provisions of such Subcontract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the CONSULTANT becomes involved in or is threatened with litigation with a Subcontractor or vendor as a result of such direction by the contracting agency, the CONSULTANT shall promptly so notify the Municipal Counsel, requesting him to intervene and protect the interests of the SPONSOR. ARTICLE 9. WORKER'S COMPENSATION AND LIABILITY INSURANCE. The CONSULTANT agrees to procure and maintain at his own expense and without direct expense to the SPONSOR; with the exception of Item (b)4 which may be billed as a direct expense to the SPONSOR, until final acceptance by the SPONSOR of the services covered by this Agreement, insurance of the kinds and in the amounts hereafter provided in insurance companies authorized to do business in New York State, covering all operations under the Agreement, whether performed by it or by Subcontractors. Before commencing the work, the CONSULTANT shall furnish the SPONSOR a certificate or certificates in form satisfactory to the SPONSOR showing that it has complied with this schedule, which certificate or certificates shall provide that the policies shall not be changed or canceled until thirty (30) days written notice has been given to the SPONSOR. The kinds and amounts of insurance required are as follows: A. Policy or policies covering the obligations of the CONSULTANT in accordance with the provisions of any applicable Worker's Compensation or Disability Benefits Law, including for the State of New York Chapter 41, Laws of 1914, as amended, known as the Worker's Compen- sation Law, and amendments thereto, and Chapter 600 of the Laws of 1949, as amended, known as the Disability Benefits Law, and this Agreement shall be void and of no effect unless the CONSULTANT procures such policy or policies and maintains the same in force during the term 9.11.91 airUAzi 1\aVnvw\AG210 -7 - of this Agreement. B. Protective Liability Insurance issued to and covering the liability of the Municipal Corporation, the Federal Aviation Administration, the State, the Commissioner and all employees or other representatives of each of them, both officially and personally with respect to all operations under the Agreement including omissions and supervisory acts of the Municipal Corporation, the Federal Aviation Administration, the State, the Commissioner and their employees or other representatives. Policies of bodily injury liability and property damage liability insurance, each with limits of liability of not less than one hundred thousand dollars ($100,000.00) for all damages arising out of bodily injury, including death at any time resulting therefrom sustained by one (1) person in any one (1) accident and subject to that limit for each person; not less than three hundred thousand dollars ($300,000.00) for all damages arising out of bodily injury, including death at any time resulting therefrom, sustained by two (2) or more persons in any one (1) accident, and not less than one hundred thousand dollars ($100,000.00) for all damages arising out of injury to or destruction of property in any one (1) accident and subject to this limit per accident not less than three hundred thousand dollars ($300,000.00) for all damages arising out of injury to or destruction of property during the policy period. 1. Liability insurance issued to and covering the liability of the CONSULTANT with respect to all work performed by him under this Agreement. 2. Liability insurance issued to and covering the liability of the CONSULTANT'S Subcontractors with respect to all work performed by said Subcontractor under this Agreement. 3. Protective liability insurance issued to and covering the liability of the CONSULTANT with respect to all work under this Agreement performed for the CONSULTANT by Subcontractors. 4. Protective liability insurance issued to and covering the liability of the SPONSOR and all employees of the SPONSOR, both officially and personally, with respect to all operations under this Agreement by the CONSULTANT or by his Subcontractor, including omissions and supervisory acts of the SPONSOR and its employees. ARTICLE 10. ASSIGNMENT REQUIREMENTS. The CONSULTANT specifically agrees that: A. He is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of the Agreement or of his right, title or interest therein, or his power to execute such Agreement, to any other person, company or corporation without the previous consent in writing of the SPONSOR and the Commissioner of Transportation and the Federal Aviation Administration. 9.11.91 .65:%21 1%.&=w.%AG210 E1 B. If this provision of the Agreement is violated, the SPONSOR may revoke and annul the Agreement and the SPONSOR shall be relieved from any and all liability and obligations thereunder to the person, company or corporation to whom the CONSULTANT shall assign, transfer, convey, sublet or otherwise dispose of the Agreement, and such transferee shall forfeit and lose all monies therefore assigned under said Agreement, except so much as may be required to pay his employees. ARTICLE 11. EXTRA WORK. If the CONSULTANT is of the opinion that any work he has been directed to perform is beyond the scope of this Agreement and constitutes Extra Work, he shall promptly notify the SPONSOR of that fact. The SPONSOR shall be the sole judge as to whether or not such work is in fact beyond the scope of this Agreement and constitutes Extra Work. If the SPONSOR determines that such work does constitute Extra Work, it shall provide extra compensation to the CONSULTANT upon a fair and equitable basis. A Supplemental Agreement providing for such compensation for Extra Work shall be prepared and executed by the CONSULTANT and SPONSOR and be approved by the appropriate State and Federal officials. ARTICLE 12. ABANDONMENT, CHANGE OF PLAN AND TERMINATION. The SPONSOR shall have the absolute right to abandon the work or to amend its Project or to change the general basis at any time, and such action on its part shall in no event be deemed a breach of contract. If the SPONSOR does amend its Project or change the general basis and the CONSULTANT is of the opinion that Extra Work is made necessary as a result thereof, the provisions of Article 11 of this Agreement with respect to Extra Work shall apply. The SPONSOR has the right to terminate this Agreement at its pleasure and make settlement with the CONSULTANT upon an equitable basis as determined by the SPONSOR, who shall fix the value of the work performed by the CONSULTANT prior to the termination of this Agreement. In determining the value of the work performed, the SPONSOR shall consider the following: A. The ratio of the amount of work performed by the CONSULTANT prior to the termination of the Agreement to the total amount of work contemplated by this Agreement, less any payments previously made. B. The amount of expense to which the CONSULTANT is put in performing the work performed prior to the termination, in proportion to the amount of expense to which the CONSULTANT would have been put had he been allowed to complete the total work contemplated by the Agreement, less any payments previously made. 9.11.91 4ASA21 1\*grn=.uo210 -9- C. The actual cost incurred by the CONSULTANT as verified by audit, plus a portion of the fixed fee equal to the percentage of work completed. In determining the value of the work performed by the CONSULTANT prior to the termination, no consideration shall be given to profit which the CONSULTANT might have made on the uncompleted portion of the work. If the termination is brought about as a result of unsatisfactory performance on the part of the CONSULTANT, the value of the work performed by the CONSULTANT prior to termination shall be fixed solely on the ratio of such work to the total amount of work contemplated by this Agreement. ARTICLE 13. SUSPENSION OF WORK. In the event that the work under the Agreement is entirely suspended, the CONSULTANT agrees that his services shall likewise be suspended without compensation for the suspended period, unless otherwise directed by the SPONSOR. Upon the resumption of the work under the Agreement, the CONSULTANT shall resume his services under this Agreement until the work is completed and accepted. In all cases provided for in this Agreement for the additional services above described, the SPONSOR'S directions shall be exercised by the issuance of a Supplemental Agreement. ARTICLE 14. DEATH OR DISABILITY OF THE CONSULTANT. In case of the death or disability of one or more, but not all of the persons herein referred to as the CONSULTANT, the rights and duties of the CONSULTANT shall devolve upon the survivor or survivors of them, who shall be obliged to perform the services required under this Agreement, and the SPONSOR shall make all payments due to him or them. In case of the death or disability of all the persons herein referred to as the CONSULTANT, all data and records pertaining to the Project shall be delivered within sixty (60) days to the SPONSOR or its duly authorized representative. In case of the failure of the CONSULTANT, his successors or personal representatives, to make such delivery on demand, then and in that event the representatives of the CONSULTANT shall be liable to the SPONSOR for any damages it may sustain by reason thereof. Upon the delivery of all such data to the SPONSOR, the SPONSOR shall pay to the representatives of the CONSULTANT all amounts due the CONSULTANT, including retained percentages to the date of the death of the last survivor. ARTICLE 15. INTERCHANGE OF DATA. All technical data in regard to the Project whether (a) existing in the office of the SPONSOR or (b) existing in the office of the CONSULTANT, shall be made available to the other party to this Agreement without expense to such other party as the case may be. 9.11.91 dr\5A21 I1.VzumuIAG210 -10 - ARTICLE 16. DISPOSITION OF PROJECT DOCUMENTS. At the time of completion of the work, the CONSULTANT shall make available to the SPONSOR all original tracings plans, maps, computerized programs and reports which have been prepared as the result of this Agreement. This material shall become the property of the SPONSOR and the maintenance of the data shall be the responsibility of the SPONSOR, The cover sheet of each document furnished to the SPONSOR by the CONSULTANT shall include the appropriate State and Federal financial notices and the endorsement of the CONSULTANT. In the event that this Agreement is terminated for any reason, then within ten (10) days atter such termination, the CONSULTANT shall make available to the SPONSOR all data and material prepared under this Agreement including cover sheets in accordance with the above paragraph. ARTICLE 17. DAMAGES AND DELAYS. The CONSULTANT agrees that no charges or claim for damages shall be made by him for any delays or hindrances from any cause whatsoever during the progress of any portion of the services specified in this Agreement. Such delays or hindrances, if any, shall be compensated for by an extension of time for such reasonable period as the SPONSOR may decide, it being understood, however, that the permitting of the CONSULTANT to proceed to complete any services or any part of them after the date of completion or after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the SPONSOR of any of its rights herein. ARTICLE 18. CODE OF ETHICS. The CONSULTANT specifically agrees that this Agreement may be canceled or terminated if any work under this Agreement is in conflict with the provisions of Section 74 of the New York State Public Officers' Law, as amended, and Schedule G. ARTICLE 19. INDEPENDENT CONTRACTOR. The CONSULTANT, in accordance with his status as an independent contractor, covenants and agrees that he shall conduct himself consistent with such status, that he shall neither hold himself out as nor claim to be an officer or employee of the SPONSOR by reason hereof, and that he shall not by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the SPONSOR, including but not limited to, worker's compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. ARTICLE 20. PATENT RIGHTS AND COPYRIGHTS. 9.11.91 .ie\5:\211%g=MVM10 -11 - Any patentable result arising out of this Agreement, as well as all information, designs, specifications, know-how data, and findings, shall be made available without cost to the State or its licensees and the Federal Aviation Administration for public use. No material prepared in connection with this Project shall be subject to copyright. The State and the Federal Aviation Administration shall have the right to publish, distribute, disclose or otherwise use any material prepared under this Project. ARTICLE 21. NEW YORK STATE PARTICIPATION. The work in this Agreement is included in a New York State Department of Transportation Project, which is being undertaken and accomplished by the SPONSOR and the State of New York, pursuant to which the State has agreed to pay a certain percentage of the allowable project costs. The State of New York is not a party to this Agreement and no reference in this Agreement to the Commissioner of Transportation or any representative thereof, or to any rights granted to the Commissioner of Transportation or any representative thereof or the State of New York, by the Agreement, make the State of New York a party to this Agreement. The CONSULTANT and the SPONSOR agree that properly authorized officials of the State of New York may from time to time inspect, all Project documents for the purpose of insuring compliance with New York State laws and protecting the interests of New York State. ARTICLE 22. FEDERAL PARTICIPATION. The Federal Aviation Administration is not a party to this Contract although the Project work program covered by this Agreement is to be financially aided in part by a Grant Agreement between the SPONSOR and the Federal Aviation Administration as provided for under the Airport and Airway Development Act of 1970 (P.L. 91258). The SPONSOR and the CONSULTANT hereby agree to comply fully with the conditions set forth in detail in the Grant Agreement as though they were set forth in detail in this Agreement. The CONSULTANT further agrees that by reason of complying with the conditions of the Grant Agreement, no obligation is entailed on the part of the Federal Aviation Administration to the CONSULTANT. The CONSULTANT and the SPONSOR agree that properly authorized officials of the Federal Aviation Administration may from time to time inspect all Project documents for the purpose of insuring compliance with Federal laws and protecting the interests of the Federal Aviation Administration. ARTICLE 23. MISCELLANEOUS. A. The CONSULTANT agrees that he shall require all persons employed upon the work, including his Subcontractors, agents, officers and employees, to comply with all applicable laws in the jurisdiction in which the work is performed. 9.11.91 .v�5:%21i%Snnn%s%Ac210 -12- B. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. C. By execution of this Agreement, the CONSULTANT represents that he has not paid and also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this Agreement. D. The SPONSOR and CONSULTANT agree that all Project documents requiring formal approval by a Federal agency will be submitted to the New York State Department of Transportation for their prior approval and forwarding to the Federal agency for its formal approval. The SPONSOR and CONSULTANT agree that approval of all Project documents requires the complete, prior and simultaneous coordination with the Federal agency and New York State Department of Transportation. ARTICLE 24. SUBCONTRACTORS/SUBCONSULTANTS. All subcontractors and subconsultants performing work on this project shall be bound by the same required contract provisions as the prime consultant. All agreements between the prime consultant and a subcontractor or subconsultant shall include all standard required contract provisions, and such agreements shall be subject to review by the State and the Federal Aviation Administration. IN WrINM WHEREOF, this Agreement has been executed by the SPONSOR, acting by and through the Supervisor of the Town of Southold who has caused the seal of his office to be affixed hereto, and the CONSULTANT, by and through a duly authorized officer has executed this Agreement effective the day and year first above written, subject to the approval of the Commissioner, Department of Transportation, the State Comptroller, and the Federal Aviation Administration. By: "Z'Itl A--Z�L— /4" Scott L. Harris Title: Sugervisor WM-. u%VznM%AMI0 W0 PAr MA INMA i 9.11.91 ni (ACKNOWLEDGEMENT OF OFFICER OR OWNER ATTESTING CONTRACT) State of New York ) County of-5�19�A4,q SS: On this �3'g° day, of �njl.tAI p , , 19�&L before me personally came and appeared f -f LDu is ,,Yoge 1 s , to me known, who being by me duly sworn did depose and say that he is the _� Lo,e sow of the o -F Sou �-Aog-A described in and which executed the f6regoing instrument, that he knows the seal of said Owner; that one of the impressions appearing on said instrument is a true and correct impression of such seal; and that he affixed it thereto and attest the same over his signature by virtue of the authority in him vested. Notary Public JUDITH T. TERRY Notary Public, State of New York No. 52-0344963 Qualified in Suffolk County Commission Expires May 31, 19h-� (ACKNOWLEDGEMENT OF CORPORATION) State of New York ) County of Onondaga ) SS: On this L— day of , 1 before me personally came and appeared RONALD L. PECKHAM, P.E., to me known, who being duly sworn, did depose and say that he resides in Liverpool, New York; that he is the Division Manager of CALOCERINOS & SPINA ENGINEERS, P.C., the CORPORATION described in and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that is was so affixed by the order of the Hoard of Directors of said corporation, and that he signed his name thereto by like order. THERESA M. HOPKINS Notary Public, State of New York OuarAld in Onondaga Co. No. 49185 My Commission Expires February 1, 1 aiA5A2114geunwMG210 Notary Pu lic 9.11.91 SCHEDULE A Projed Description: Engineering design services necessary for the construction of a bituminous overlay on Runway 12-30 (2328' x 100'). The CONSULTANT agrees that the following types of professional services will be provided within the scope of Schedule "B": 1. Conferences with the SPONSOR to review his wishes and requirements, inspection of the site and become knowledgeable of the existing data that is already available for the Project. 2. Conferences with the New York State Department of Transportation and the Federal Aviation Administration to review their programming and design standards and become knowledgeable of the data that is already available for the Project. 3. During the design phase, to aid the SPONSOR by acting as liaison and project coordinator with the New York State Department of Transportation and the Federal Aviation Administration. The CONSULTANT shall prepare an engineering report per applicable requirements of Schedule "F" by supplementing the Pavement Evaluation Study Report dated February, 1992. 4. Perform preliminary engineering sufficient to prepare preliminary cost estimates for review and acceptance by the SPONSOR, New York State Department of Transportation and the Federal Aviation Administration for the Project's scope of work. 5. Prepare detailed applications for project funding to meet the Airport Improvement Program criteria of the Federal Aviation Administration. 6. If required, to update the Airport Layout Plan by identifying the improvements proposed herein and submit sufficient copies for its approval by the New York State Department of Transportation and the Federal Aviation Administration. 7. Prepare and furnish detailed Construction Plans, Specifications and Contract Documents for the Project. Submit sufficient copies of preliminary (50% complete) and final copies of the documents to the SPONSOR, the New York State Department of Transportation and the Federal Aviation Administration for their review and approval. For bidding purposes, provide as many copies of the Contract Documents to the SPONSOR as may be required. 9.11.91 niMA21 1*mmMuc210 A-2 8. The CONSULTANT agrees to complete the work under this phase of the Agreement in a manner satisfactory to the SPONSOR, within six (6) months after receiving a Notice to Proceed from the SPONSOR or within such extended periods as are agreed to by the SPONSOR. 9. Work products shall be submitted to State and Federal Agencies in accordance with the following schedule and shall be started by receipt of a signed Engineering Agreement: Time from Receipt of Executed Agreement Project Date Engineer's Agreement July, 1992 Preliminary Plans, 90 Days October, 1992 Specifications and Design Report (50% Completion) Final Plans, Specifications 150 Days December, 1992 and Design Report (100% Completion) 10. Assist the SPONSOR in securing bids, tabulation and analysis of bid results and furnish recommendations on the award of the Construction Contract. 11. Assist the SPONSOR in the preparation of formal Contract Documents for the award of Contracts. END OF SCHEDULE .iASA211lagnmuWG210 9.11.91 * ARCHITECTURAL/ENGINEERING * COST SUMMARY * SCHEDULE "B" * DESIGN PHASE PROJECT: RUNWAY 12-30 OVERLAY PROJ DESCRIPTION: CONSTRUCT BITUMINOUS OVERLAY ON RUNWAY 12-30 (2350IX1001) DATE: 12 -Mar -92 A/E: CALOCERINOS & SPINA PROJECT NO: 211 I CLIENT: TOWN OF SOUTHOLD C&S CONTACT: N.F.PETRANCHUK CLIENT MANAGER: MR. R.PHILIP KNAUFF ==s=ax==saxsassaxssssazxsazsaszasas:s=rissmazassams:ass:=aasaax:t:sa=mazsssas=ssssaxaxraaax:zasxasaazsmazssas=saxsazxxxaxa I. DIRECT SALARY COSTS: MAXIM14 AVERAGE RATE OF PAY RATE OF PAY -------------------------------------- TITLE (5/MR) ----------- ($/HR) a HOURS COST A. DIVISION MANAGER 544.10 ----------- 538.40 X ------- 12 = ---------------- $461.00 B. MANAGING ENGINEER $31.50 529.90 X 52 = $1,555.00 C. SEN PROJ ENGINEER 528.80 526.60 X 0 = SO.00 D. PROJECT ENGINEER $23.80 $21.60 X 236 = S5,098.00 E. SEN GEOLOGIST (SOILS ENG) 524.50 $22.30 X 0 = F. GEOLOGIST (SOILS ENG) $22.80 $20.70 X 0 $0.00 G. ENGINEER $20.70 $19.00 X 0 $0.00 H. ASST ENGINEER $18.90 $16.00 X 340 = = SO.00 S5,440.00 I. DESIGNER $17.20 514.00 X 0 $0.00 J. SEN DRAFTSMAN $16.50 $13.30 X 324 $4,309.00 K. DRAFTSMAN $13.50 $11.10 X 0 = L. TECHNICAL TYPIST 512.70 511.30 X 60 SO.00 M. GRANT ADMINISTRATOR $16.00 $14.50 X 40 $678.00 N. INSPECTION SUPERVISOR $27.30 524.80 X 0 = = $580.00 0. RESIDENT ENGINEER $26.20 523.80 X 0 = $0.00 P. CHIEF INSPECTOR $23.30 521.20 X 0 = SO.00 0. SEN INSPECTOR $20.40 $18.50 X 0 $0.00 R. INSPECTOR $17.00 $13.80 X 0 = = $0.00 S. JR INSPECTOR $11.20 510.20 X 0 $0.00 T. PARTY CHIEF 527.80 $26.50 X 0 = $0.00 U. INSTRUMENT MAN 524.70 $23.50 X 0 = 50.00 V. RODMAN $22.60 $21.50 X 0 = $0.00 $0.00 =r=sassaaoa== TOTAL ESTIMATED DIRECT SALARY COST II. OVERHEAD EXPENSES & PAYROLL BURDEN PER SCHEDULE "C" - (AUDITABLE, ESTIMATED AND EXPRESSED AS A PERCENTAGE OF DIRECT SALARY COST): A. AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: B. N.Y.S.D.O.T. ELIGIBLE FACTOR: RUNWAY 12-30 OVERLAY Page 1 140% 125% $18,121.00 NYSDOT AGREEMENT AMOUNT ELIGIBLE & FAA COST ELIGIBLE COST -------------- ---------------- $25,369.00 $22,651.00 aaaxaxaxxszaax ssssapsaasaasa III. SUBTOTAL OF ITEMS I & II: A. $2,700.00 AGREEMENT AMOUNT & F.A.A. ELIGIBLE: B. 2 PERSONS a $151.00 = N.Y.S.D.O.T. ELIGIBLE: IV. ESTIMATE OF DIRECT EXPENSES: A. 40 HOURS a TRAVEL, BY AIR: $1,000.00 3.0% 3 TRIPS a S250.00 TRAVEL, BY RENTAL CAR: S124.00 3 TRIPS a B. PER DIEM: $7,574.00 3 DAYS a C. REPRODUCTION - 1. DESIGN REPORTS: 20 SETS a 2. SPECIFICATIONS: 60 SETS a 3. DRAWINGS: 60 SETS a 4. MYLARS: D. COMPUTER TIME: E. CARD TIME: F. OPL PROJECT INSURANCE PREMIUM: G. MISCELLANEOUS: 2 PERS/TRIP a $450.00 = $2,700.00 1 DAY/TRIP a $100.00 = S300.00 2 PERSONS a $151.00 = $906.00 100 PAGES/SET a 50.05 = $100.00 400 PAGES/SET a 50.05 = $1,200.00 6 SHEETS/SET a $1.00 = S360.00 12 SHEETS a 55.00 = S60.00 0 HOURS a $12.00 = SO.00 40 HOURS a 525.00 = $1,000.00 3.0% = S250.00 = S124.00 TOTAL ESTIMATE OF DIRECT EXPENSES V. FIXED FEE (PROFIT, LUMP SUM): A. LABOR PLUS OVERHEAD: 1 AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: 2 N.Y.S.O.O.T. ELIGIBLE FACTOR: B. DIRECT EXPENSES: 1 AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: 2 N.Y.S.D.O.T. ELIGIBLE FACTOR: TOTAL FIXED FEE NYSDOT AGREEMENT AMOUNT ELIGIBLE & FAA COST ELIGIBLE COST -------------- ---------------- 543,490.00 540,772.00 $7,000.00 57,000.00 15% (OF III.A.) 56,524.00 15% (OF III.B.) $6,116.00 15% (OF IV.) $1,050.00 3.0% (OF IV.) 5210.00 $6,326.00 $7,574.00 VI. TOTALS: A. ESTIMATE OF MAXIMUM TOTAL COST FOR DESIGN SERVICES, NYSDOT ELIGIBLE: $54,098.00 B. ESTIMATE OF MAXIMUM TOTAL COST FOR DESIGN SERVICES, AGREEMENT TOTAL & FAA ELIGIBLE: RUNWAY 12-30 OVERLAY Page 2 $58,064.00 SCHEDULE C CALOCERINOS & SPINA ENGDU=S, P.C. 1020 SEVENTH NORTH STREET LIVERPOOL, NEW YORK 13088 ES1 T*1ATED ALLOWABLE OVERHEAD FYE 12/31/92 DOLLARS MULTIPLIER SALARY OVERHEAD (PAYROLL BURDEN) Vacation & Holiday Pay 531,200.00 0.112 Sick & Personal Pay 165,800.00 0.035 FICA Taxes 580,000.00 0.122 Unemployment Taxes 45,000.00 0.009 Workmen's Compensation Insurance 29,000.00 0.006 Group Insurance 490,000.00 0.103 Bonus 25,000.00 0.005 Miscellaneous Employee Benefits 115,000.00 0.024 Payroll Preparation 6.000.00 0.001 TOTAL 1,987,000.00 0.418 GENERAL & ADMINISTRATIVE OVERHEAD Indirect Labor 966,600.00 0.203 Clerical & Administrative 901,700.00 0.190 Project Development 745,400.00 0.157 Meeting, Conventions & Education 90,000.00 0.019 Office Supplies & Expenses 290,000.00 0.061 Field Supplies 36,000.00 0.008 Insurance 325,000.00 0.068 Depreciation 255,000.00 0.054 Rent 515,000.00 0.108 Utilities & Maintenance 162,450.00 0.034 Telephone 105,000.00 0.022 Auto Expenses 43,000.00 0.009 Dues & Fees 65,000.00 0.014 Legal & Accounting Expenses 165,000.00 0.035 Miscellaneous 0.00 0.000 TOTAL 4,665,150.00 0.982 TOTAL ALLOWABLE OVERHEAD 6,652,150.00 1.400 TOTAL DIRECT LABOR 4,750,000.00 1.000 END OF SCHEDULE .ir%5:0INaga=0v►c210 9.11.91 SCHEDULE D Mr. Philip Brito, Manager Federal Aviation Administration New York Airports District Office 181 South Franklin Avenue - Room 305 Valley Stream, New York 11581 Re: Fishers Island - Elizabeth Field Airport Subj: Airport Consultant Selection for Runway 12-30 Overlay Dear Mr. Brito: The Town of Southold has selected the firm of Calocerinos & Spina Engineers, P.C. to provide professional services for a bituminous overlay of Runway 12-30 at Elizabeth Field Airport. To the best of our knowledge, the qualifications based selection procedure used in selecting Calocerinos and Spina complies with the intent of Advisory Circular 150/5100-14A (latest version). The firm was chosen after careful consideration of its qualifications and those of other professional firms. C&S has demonstrated by past performance, its capability to successfully complete a wide variety of airport development projects including planning, design, construction inspection and other related services. The firm possesses the necessary professional staff, technical resources, financial capability, experience and understanding of the work anticipated to complete it within the time allocated. The President and Engineer In Charge are Registered Professional Engineers in the State of New York. SLH: jmc Enclosure cc: Calocerinos & Spina Engineers, P.C. .irU:%xuUV=oX►czio Very truly yours, TOWN OF SOUTHOLD ,' A-, - �' Scott L. Harris Supervisor END OF SCHEDULE 9.11.91 0 - US. Department of Transportation Federal Aviation Administration Ju[q e 1992 Mr. Scott Harris Superintendent, Town of Southold Main Road Southold, New York 11971 Dear Mr. Harris: y"AV�W&.Id 181 1. 9 . Gln. M-1) My &,,,i., 7ly 11581 TOWN C" 580fty Elizabeth Field Airport, Fishers Island, NY Engineering for R/W 12-30 Overlay - Engineering Consultant Agreement AIP 3-36-0029-06-92 Reference is made to a letter from your consultant C&S dated May 6, 1992 providing clarification on our comments to the draft agreement for the subject project. It was our understanding that an executed agreement will be submitted to us, immediately thereafter for our formal approval. Until now such an agreement was not yet transmitted and the grant offer will be subject to the receipt of this executed agreement. If you have any questions, please call at 516-295-9343. Sincerely, Dan Vornea Airport Engineer 0 U.S. Department of Transportation Federal Aviation Administration .�uzy � 1992 Mr. Scott L. Harris Supervisor, Town of Southold Town Hall 53095 Main Road Southold, New York 12953 Dear Mr. Harris: Elizabeth V i eld Airport AIP 3-36-0029-06-92 Tentative Allocation T6V"k"d&Ad'a 4. 181 S. YwAn A., 6,)m. 305 va&V &,", ny 11581 JUN I p TOM M& SONOW101 In response to your request for financial aid, we are pleased to inform you that the Federal Aviation Administration (FAA) has allocated the sum of $52,257 under the terms of the Airport and Airway Improvement Act of 1987 (AIP), to accomplish the following items of development at Elizabeth Field Airport: -Engineering for Runway 12-30 Overlay This allocation is made within the amount authorized under the terms of Act, and the issuance of a Grant Offer is subject to the approval of the project as finally formulated and meeting the requirements set forth under the Act. We advise you to contact Mr. Robert Michaud at New York State Department of Transportation (NYS DOT) to ascertain the potential for State funding for this project so as to adjust your project budget plans accordingly. IL :is our understanding that the engineering =result -ant was selected in accordance with Advisory Circular 150/5100-14B, "Architectural, Engineering and Planning Consultant Services for Airport Grant Projects." You are required to certify that these requirements have been met by completing and submitting the form entitled "SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS", a copy of which is contained in the Airport Sponsor's Guide issued to you earlier this year. In accordance with 49 CFR Part 23, all sponsors are required to assume certain DBE requirements as a condition of project approval. More information on these requirements can be found in Advisory Circular 150/5100-15A, "Civil Rights Requirements for the Airport Improvement Program (AIP)", Section 5, DBE Program. N The DBE Program must be approved by the FAA Civil Rights Staff. Further details on the content and preparation of a DBE Program can be obtained from the Civil Rights Staff, Eastern Region, at telephone 718-553-1149. In order for this office to proceed with the Grant Process, we are requesting that you indicate within two weeks your willingness to proceed with this project regardless of state funding participation. If your answer is affirmative please indicate your estimated schedule dates for these phases of the project. Engineering Design Agreement Grant Acceptance By letter, copy to this office, you should transmit one copy of the application to the NYS DOT Regional Office, with one copy to Mr. Robert Michaud, NYS DOT in Albany. This office already received six copies of this project application. The FAA expects to issue a Grant Offer upon receipt of the approved engineering agreement. This information must be in our office by July 24, 1992, to allow us to issue a Grant. Sincerely, 0"-tz� W , , -� - Philip Brito Manager JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Dear Mark: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 17, 1992 Town Hall, 53095 Main Road P.O. Box 1 179 Southold, New York 1 1971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 Attached is the certified resolution of the Southold Town Board authorizing the execution of the Engineering Consultant Agreement for Runway 12-30 Rehab- ilitation at Elizabeth Field, Fishers Island. i JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 16, 1992: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Lump Sum Consultant Agreement with Calocerinos 8 Spina Engineers, P.C., for engineering design services necessary for the construction of a bituminous overlay on Runway 12-30 (2328' x 100') at Elizabeth Field Airport, Fishers Island, at a lump sum fee of $58,064.00; said consultant agreement all in accordance with the recommendation of the Board of Commissioners of the Fishers Island Ferry District. Judith T. Terry Southold Town Clerk June 17, 1992 Fishers Island Ferry District District Created By Special Act of The N. V. State Legislature (I aws of N. Y., 1947, Chapter 699) FISHERS ISLAND, NEW YORK 06390 ROBERT P. KNAUFF Manager - Secretary RICWW TELEPHONE 788-7463 Area Code 516 Tem OmA So -di sid Mr. Scott L. Harris Supervisor, Town of Southold 53095 Main Road Southold, NY 11971 Dear Mr. Harris: BOARD OF COMMISSIONERS REYNOLDS duPONT, JR., Chairman RICHARD S. BAKER JOHN C. EVANS THOMAS F. DOHERTY, JR. LILLIE M. AHMAN June 3, 1992 At a special meeting of the Board of Commissioners of the Fishers Island Ferry District held this date, the following resolution was passed. It is requested that it be included as a part of the agenda for the June 16, 1992 Town Board Meeting. Moved Commissioner duPont, seconded Commissioner Doherty WHEREAS the Board of Commissioners of the Fishers Island Ferry District wishes to continue improvements at Elizabeth Airport, Fishers Island; and WHEREAS Calocerinos & Spina Engineers, P.C. has submitted a draft lump sum consultant agreement for the design of runway 12-30 rehabilitation; and THEREFORE BE IT RESOLVED that the Board of Commissioners requests that the Town Board, Town of Southold authorize Supervisor Harris to enter into the agreement with Calocerinos and & Spina Engineers, P.C. per its lump sum fee of $58,064.00. Vote of the Board of Commissioners: Ayes: Commissioner du - Pont, Commissioner Doherty, Commissioner Ahman. Nays: None. Absent: Commissioner Baker, Commissioner Evans. Enclosed herewith, for your information, is a copy of the Fishers Island Ferry District Financial Statements for December 31, 1991 & 1990 prepared by Doherty, Beals, & Banks, P.C., Certified Public Accountants. Very truly yours, R bertP. Knauff C S Calocerinos & Spina Engineers, P.C. APR 2 4 Mr. R. Philip Knauff Manager Fishers Island Ferry District P.O. Box H Fishers Island, New York 06390 Re: Fishers Island Airport - Runway 12-30 Rehabilitation Lump Sum Consultant Agreement for Design File: 211. Dear Mr. Knauff: Enclosed for your review and approval is one (1) copy of the draft Lump Sum Consultant Agreement for design of the above -referenced project. This Agreement provides for the complete design of the project generally including project management, preliminary and final design, and direct expenses. By copy of this letter, we are submitting draft copies of this Agreement to the Federal Aviation Administration and New York State Department of Transportation for their concurrent review and approval. If you have any questions in reference to the enclosed, please do not hesitate to contact me. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. Mark F. Petranchuk Managing Engineer MFP.jmc Enclosure cc: Mr. Philip Brito (w/encl) Mr. Robert Michaud (w/encl) Mr. James Kuzloski (w/2encl) Mr. Scott Harris (w/encl) 1020 Seventh North Street, Liverpool, NY 13088-6199 (3 i 5) 457-6711 FAX (315) 457 9803 LUMP SUM CONSULTANT AGREEMENT FOR DESIGN PROJECT: Fishers Island - Elizabeth Field Runway 12-30 Overlay NYSDOT PROJECT NO. This Agreement made this day of ,1992, by and between the Town of Southold (hereinafter referred to as the "SPONSOR"), and Calocerinos & Spina Engineers, P.C. (hereinafter referred to as the "CONSULTANT"). WITNESSETH: That the SPONSOR and the CONSULTANT, for the consideration hereinafter named, agree as follows: ARTICLE 1. DESCRIPTION OF WORK TO BE DONE. The SPONSOR agrees to and hereby does retain and employ the personal service of the CONSULTANT because of his ability and reputation, and the CONSULTANT agrees to perform such services of said Project being particularly described in Schedule A attached hereto and made a part hereof. ARTICLE 2. PROVISION FOR PAYMENT. The SPONSOR shall pay to the CONSULTANT and the CONSULTANT agrees to accept as full compensation for his services under this Agreement, a lump sum fee of $58,064.00 covering salaries of employees assigned to the Project, all indirect costs, all direct expenses and profit. The maximum fee under this Agreement cannot be exceeded for any reason, unless additional services are performed in accordance with the Extra Work Provision in Article 11 of this Agreement. Partial payments of the lump sum fee shall be made monthly on account. Such monthly installments shall be in amounts determined by the SPONSOR and shall be based on its review of a monthly progress report submitted by the CONSULTANT. Retainage in the amount of five percent (5%) of each monthly installment, exclusive of Subcontractor costs, up to a maximum of Twenty Thousand Dollars ($20,000.00) shall be withheld by the SPONSOR conditioned upon the faithful performance of all terms and provisions of this Agreement. The SPONSOR shall retain from each monthly installment five 9.11.91 air\.5:\211 Vgmws\AG210 -2 - percent (595) of each Subcontractor's costs up to a maximum of Twenty Thousand Dollars ($20,000.00) for each individual Subcontractor. Release of retainage will be made upon the satisfactory completion of the work covered by the lump sum fee. The CONSULTANT specifically agrees that the Agreement shall be deemed executory only to the extent of the monies available, and no liability shall be incurred by the SPONSOR beyond the monies available for the purpose. The time for completion of the services agreed to under this Contract shall be as recorded in Schedule A which is attached and made a part of this Agreement. The method of computation of the CONSULTANT lump sum fee is prescribed in Schedule B which is attached and made a part of this Agreement. ARTICLE 3. STANDARD PRACTICES AND REQUIREMENTS. The CONSULTANT shall ascertain the standard practices of the SPONSOR, the New York State Department of Transportation, and the Federal Aviation Administration prior to beginning any of the work of this Project. Where practicable, all work required under this Agreement shall be performed in accordance with these standard practices. In the event that provisions of these standard practices are in conflict or strict adherence to same is impossible or undesirable, the CONSULTANT may, with the approval of the other parties, vary or deviate from such standards. The CONSULTANT shall certify that all work performed under this Agreement shall conform with all approved Federal and State standards and/or with deviations of such standards when approved. ARTICLE 4. DOCUMENTS FORMING THE CONTRACT. The Contract Documents shall be deemed to include this Agreement, with accompanying schedule or schedules. ARTICLES. TAXES, ROYALTIES AND EXPENSES. The CONSULTANT shall pay all taxes, royalties and expenses incurred in connection with the services under this Agreement, unless otherwise provided in Article 2. ARTICLE 6. CONSULTANT LIABILITY. The CONSULTANT shall be responsible for all damage to life and property due to activities of the CONSULTANT, his Subcontractors, agents or employees, in connection with his services under this Agreement. The CONSULTANT specifically agrees that his Subcontractors, agents or employees shall 9.11.91 w\5A211 \.emnas WG210 Hca possess the experience, knowledge and character necessary to qualify them individually for the particular duties they perform. Further, it is expressly understood that the CONSULTANT shall indemnify and save harmless the SPONSOR, New York State Department of Transportation and Federal Aviation Administration from claims, suits, actions, damages and costs of every name and description resulting from the negligent performance of the services of the CONSULTANT under this Agreement, and such indemnity shall not be limited by reason of enumeration of any insurance coverage herein provided. Negligent performance of service, within the meaning of this Article, shall include, in addition to negligence founded upon tort, negligence based upon the CONSULTANT'S failure to meet professional standards and resulting in obvious or patent errors in the progression of his work. Nothing in this Article or in this Agreement shall create or give to third parties any claim or right of action against the CONSULTANT or the SPONSOR beyond such as may legally exist irrespective of this Article or this Agreement. ARTICLE 7. LABOR LAW REQUIREMENTS. The CONSULTANT specifically agrees, as required by the Labor Law, Sections 220, 220-4 and 220-e, as amended, that his execution of this Agreement binds him to the following specific agreements: A. No laborer, worker or mechanic in the employ of the CONSULTANT, Subcontractor or other persons doing or contracting to do the whole or part of the work included in the Agreement shall be permitted or required to work more than eight (8) hours in any one (1) calendar day or more than five (5) days in one (1) week in the performance of work included in this Agreement except in the emergencies set forth in the Labor Law; B. The wages (including supplements) paid for a legal day's work shall be not less than the prevailing rate of wages (including supplements) as defined by law; C. The minimum hourly rate of wages (including supplements) to be paid shall not be less than that designated by the Industrial Commissioner; D. The minimum hourly supplements to be paid shall be in accordance with the prevailing practices in the locality where the Project is located and shall be not less than designated by the Industrial Commissioner. Supplements as defined in Section 220 of the Labor Law, as amended, mean all remuneration for employment paid in any medium other than cash or reimbursement for expenses or any payments which are not wages within the meaning of the law, including, but not limited to health, welfare, non -occupational disability, retirement, vacation benefits, holiday pay and life insurance; E. The Labor Law provides that the Agreement may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than: 1. The stipulated wage scale (including supplements) as provided in the Labor Law, Section 9.11.91 air\5 A21 I \&grue9\AG210 -4- 220, Subdivision 3, as amended, or 2. The stipulated minimum hourly scale (including supplements) as provided in the Labor Law, Section 220-4, as amended. F. The CONSULTANT specifically agrees as required by the provisions of Labor Law, Section 220- e, as amended, that: 1. In the hiring of employees for the performance of work under this Agreement or any Subcontract hereunder, no CONSULTANT, Subcontractor, nor any person acting on behalf of such CONSULTANT or Subcontractor shall, by reason of race, creed, sex, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; 2. No CONSULTANT or Subcontractor or any person on his behalf, shall in any manner discriminate or intimidate any employee hired for the performance of work under the Agreement on account of race, creed, sex, color or national origin; 3. There may be deducted from the amount payable to the CONSULTANT by the SPONSOR under the Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; 4. The Agreement may be canceled or terminated by the SPONSOR and all monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of the Agreement. G. Surveying Services - The SPONSOR recognizes that the CONSULTANT will be required by the New York State Department of Labor to compensate its personnel performing field survey work in accordance with applicable state wage rates in effect at the same time services are performed. The SPONSOR understands that the CONSULTANT has no control over these labor rates and their periodic increases. Therefore, it is agreed that the SPONSOR will compensate the CONSULTANT for field survey services included as a part of this agreement in accordance with the pricing schedule made a part of this agreement. Furthermore, the SPONSOR will compensate the CONSULTANT for all increases in labor costs including applicable overhead and profit when those increases occur by direction of the New York State Department of Labor. Billings for these increases and payments by the SPONSOR of these increases will take place routinely in accordance with the appropriate terms of this agreement and these increases will be paid as an additional cost over and above the agreed contract amount. Additional Federal Labor Law provisions are contained in Schedule H. 9.11.91 siASA2114ermnts\AG210 51 ARTICLE 8. NON-DISCRIMINATION PROVISIONS. During the performance of this Contract, the CONSULTANT agrees as follows: A. The CONSULTANT shall not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin, and shall take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Such action shall be taken with reference to, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation and selection for training or retraining, including apprenticeship and on-the-job training. B. The CONSULTANT shall send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Division of Human Rights, advising such labor union or representative of the CONSULTANT's Agreement under clauses (a) through (g) (hereinafter called "non- discrimination clauses"). If the CONSULTANT was directed to do so by the contracting agency as part of the bid or negotiation of this Agreement, the CONSULTANT shall request such labor union or representative to furnish him with a written statement that such labor union or representative shall not discriminate because of race, creed, sex, color or national origin and that such labor union or representative shall affirmatively cooperate within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non- discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Agreement shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with a request that it furnish such a statement, the CONSULTANT shall promptly notify the State Division of Human Rights of such failure or refusal. C. The CONSULTANT shall post and keep in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the State's laws against discrimination as the State Commissioner of Human Rights shall determine. D. The CONSULTANT shall state, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, that all qualified applicants shall be afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. E. The CONSULTANT will comply with the provisions of Section 291-299 of the Executive Law and Civil Rights Law, will furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these nondiscrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the State Commissioner of Human Rights, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with these nondiscrimination clauses and such sections of the Executive Law and Civil Rights Law. 9.11.91 airl5: \211 NagrnnIs\AG210 on F. This Agreement may be forthwith canceled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commissioner of Human Rights that the CONSULTANT has not complied with these non-discrimination clauses, and the CONSULTANT may be declared ineligible for future Agreements made by or on behalf of the State or a public authority or agency of the State, until he satisfies the State Commissioner of Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the State Commissioner of Human Rights after conciliation efforts by the State Division of Human Rights have failed to achieve compliance with these non-discrimination clauses and after verified complaint has been filed with the State Division of Human Rights, notice thereof has been given to the CONSULTANT and an opportunity has been afforded him to be heard publicly before the State Commissioner of Human Rights or his designee. Such sanctions may be imposed and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by law. G. The CONSULTANT will include the provisions of clauses (a) through (f) in every Subcontract or purchase order in such a manner that such provisions will be binding upon each Subcontractor or vendor as to operations to be performed within the State of New York. The CONSULTANT will take such action in enforcing such provisions of such Subcontract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the CONSULTANT becomes involved in or is threatened with litigation with a Subcontractor or vendor as a result of such direction by the contracting agency, the CONSULTANT shall promptly so notify the Municipal Counsel, requesting him to intervene and protect the interests of the SPONSOR. ARTICLE 9. WORKER'S COMPENSATION AND LIABILITY INSURANCE. The CONSULTANT agrees to procure and maintain at his own expense and without direct expense to the SPONSOR; with the exception of Item (b)4 which may be billed as a direct expense to the SPONSOR, until final acceptance by the SPONSOR of the services covered by this Agreement, insurance of the kinds and in the amounts hereafter provided in insurance companies authorized to do business in New York State, covering all operations under the Agreement, whether performed by it or by Subcontractors. Before commencing the work, the CONSULTANT shall furnish the SPONSOR a certificate or certificates in form satisfactory to the SPONSOR showing that it has complied with this schedule, which certificate or certificates shall provide that the policies shall not be changed or canceled until thirty (30) days written notice has been given to the SPONSOR. The kinds and amounts of insurance required are as follows: A. Policy or policies covering the obligations of the CONSULTANT in accordance with the provisions of any applicable Worker's Compensation or Disability Benefits Law, including for the State of New York Chapter 41, Laws of 1914, as amended, known as the Worker's Compen- sation Law, and amendments thereto, and Chapter 600 of the Laws of 1949, as amended, known as the Disability Benefits Law, and this Agreement shall be void and of no effect unless the CONSULTANT procures such policy or policies and maintains the same in force during the term 9.11.91 ,ir\s:\zuvV=&&,\Aczio -7 - of this Agreement. B. Protective Liability Insurance issued to and covering the liability of the Municipal Corporation, the Federal Aviation Administration, the State, the Commissioner and all employees or other representatives of each of them, both officially and personally with respect to all operations under the Agreement including omissions and supervisory acts of the Municipal Corporation, the Federal Aviation Administration, the State, the Commissioner and their employees or other representatives. Policies of bodily injury liability and property damage liability insurance, each with limits of liability of not less than one hundred thousand dollars ($100,000.00) for all damages arising out of bodily injury, including death at any time resulting therefrom sustained by one (1) person in any one (1) accident and subject to that limit for each person; not less than three hundred thousand dollars ($300,000.00) for all damages arising out of bodily injury, including death at any time resulting therefrom, sustained by two (2) or more persons in any one (1) accident, and not less than one hundred thousand dollars ($100,000.00) for all damages arising out of injury to or destruction of property in any one (1) accident and subject to this limit per accident not less than three hundred thousand dollars ($300,000.00) for all damages arising out of injury to or destruction of property during the policy period. 1. Liability insurance issued to and covering the liability of the CONSULTANT with respect to all work performed by him under this Agreement. 2. Liability insurance issued to and covering the liability of the CONSULTANT'S Subcontractors with respect to all work performed by said Subcontractor under this Agreement. Protective liability insurance issued to and covering the liability of the CONSULTANT with respect to all work under this Agreement performed for the CONSULTANT by Subcontractors. 4. Protective liability insurance issued to and covering the liability of the SPONSOR and all employees of the SPONSOR, both officially and personally, with respect to all operations under this Agreement by the CONSULTANT or by his Subcontractor, including omissions and supervisory acts of the SPONSOR and its employees. ARTICLE 10. ASSIGNMENT REQUIREMENTS. The CONSULTANT specifically agrees that: A. He is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of the Agreement or of his right, title or interest therein, or his power to execute such Agreement, to any other person, company or corporation without the previous consent in writing of the SPONSOR and the Commissioner of Transportation and the Federal Aviation Administration. 9.11.91 aiA5:U11V�\AG210 51 B. If this provision of the Agreement is violated, the SPONSOR may revoke and annul the Agreement and the SPONSOR shall be relieved from any and all liability and obligations thereunder to the person, company or corporation to whom the CONSULTANT shall assign, transfer, convey, sublet or otherwise dispose of the Agreement, and such transferee shall forfeit and lose all monies therefore assigned under said Agreement, except so much as may be required to pay his employees. ARTICLE 11. EXTRA WORK. If the CONSULTANT is of the opinion that any work he has been directed to perform is beyond the scope of this Agreement and constitutes Extra Work, he shall promptly notify the SPONSOR of that fact. The SPONSOR shall be the sole judge as to whether or not such work is in fact beyond the scope of this Agreement and constitutes Extra Work. If the SPONSOR determines that such work does constitute Extra Work, it shall provide extra compensation to the CONSULTANT upon a fair and equitable basis. A Supplemental Agreement providing for such compensation for Extra Work shall be prepared and executed by the CONSULTANT and SPONSOR and be approved by the appropriate State and Federal officials. ARTICLE 12. ABANDONMENT, CHANGE OF PLAN AND TERMINATION. The SPONSOR shall have the absolute right to abandon the work or to amend its Project or to change the general basis at any time, and such action on its part shall in no event be deemed a breach of contract. If the SPONSOR does amend its Project or change the general basis and the CONSULTANT is of the opinion that Extra Work is made necessary as a result thereof, the provisions of Article 11 of this Agreement with respect to Extra Work shall apply. The SPONSOR has the right to terminate this Agreement at its pleasure and make settlement with the CONSULTANT upon an equitable basis as determined by the SPONSOR, who shall fix the value of the work performed by the CONSULTANT prior to the termination of this Agreement. In determining the value of the work performed, the SPONSOR shall consider the following: A. The ratio of the amount of work performed by the CONSULTANT prior to the termination of the Agreement to the total amount of work contemplated by this Agreement, less any payments previously made. B. The amount of expense to which the CONSULTANT is put in performing the work performed prior to the termination, in proportion to the amount of expense to which the CONSULTANT would have been put had he been allowed to complete the total work contemplated by the Agreement, less any payments previously made. 9.11.91 .u\s:\zi Iv�\AG210 -9- C. The actual cost incurred by the CONSULTANT as verified by audit, plus a portion of the fixed fee equal to the percentage of work completed. In determining the value of the work performed by the CONSULTANT prior to the termination, no consideration shall be given to profit which the CONSULTANT might have made on the uncompleted portion of the work. If the termination is brought about as a result of unsatisfactory performance on the part of the CONSULTANT, the value of the work performed by the CONSULTANT prior to termination shall be fixed solely on the ratio of such work to the total amount of work contemplated by this Agreement. ARTICLE 13. SUSPENSION OF WORK. In the event that the work under the Agreement is entirely suspended, the CONSULTANT agrees that his services shall likewise be suspended without compensation for the suspended period, unless otherwise directed by the SPONSOR. Upon the resumption of the work under the Agreement, the CONSULTANT shall resume his services under this Agreement until the work is completed and accepted. In all cases provided for in this Agreement for the additional services above described, the SPONSOR'S directions shall be exercised by the issuance of a Supplemental Agreement. ARTICLE 14. DEATH OR DISABILITY OF THE CONSULTANT. In case of the death or disability of one or more, but not all of the persons herein referred to as the CONSULTANT, the rights and duties of the CONSULTANT shall devolve upon the survivor or survivors of them, who shall be obliged to perform the services required under this Agreement, and the SPONSOR shall make all payments due to him or them. In case of the death or disability of all the persons herein referred to as the CONSULTANT, all data and records pertaining to the Project shall be delivered within sixty (60) days to the SPONSOR or its duly authorized representative. In case of the failure of the CONSULTANT, his successors or personal representatives, to make such delivery on demand, then and in that event the representatives of the CONSULTANT shall be liable to the SPONSOR for any damages it may sustain by reason thereof. Upon the delivery of all such data to the SPONSOR, the SPONSOR shall pay to the representatives of the CONSULTANT all amounts due the CONSULTANT, including retained percentages to the date of the death of the last survivor. ARTICLE 15. INTERCHANGE OF DATA. All technical data in regard to the Project whether (a) existing in the office of the SPONSOR or (b) existing in the office of the CONSULTANT, shall be made available to the other party to this Agreement without expense to such other party as the case may be. 9.11.91 .irl5: X211 \agrmavts\AG210 -10 - ARTICLE 16. DISPOSITION OF PROJECT DOCUMENTS. At the time of completion of the work, the CONSULTANT shall make available to the SPONSOR all original tracings plans, maps, computerized programs and reports which have been prepared as the result of this Agreement. This material shall become the property of the SPONSOR and the maintenance of the data shall be the responsibility of the SPONSOR, The cover sheet of each document furnished to the SPONSOR by the CONSULTANT shall include the appropriate State and Federal financial notices and the endorsement of the CONSULTANT. In the event that this Agreement is terminated for any reason, then within ten (10) days after such termination, the CONSULTANT shall make available to the SPONSOR all data and material prepared under this Agreement including cover sheets in accordance with the above paragraph. ARTICLE 17. DAMAGES AND DELAYS. The CONSULTANT agrees that no charges or claim for damages shall be made by him for any delays or hindrances from any cause whatsoever during the progress of any portion of the services specified in this Agreement. Such delays or hindrances, if any, shall be compensated for by an extension of time for such reasonable period as the SPONSOR may decide, it being understood, however, that the permitting of the CONSULTANT to proceed to complete any services or any part of them after the date of completion or after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the SPONSOR of any of its rights herein. ARTICLE 18. CODE OF ETHICS. The CONSULTANT specifically agrees that this Agreement may be canceled or terminated if any work under this Agreement is in conflict with the provisions of Section 74 of the New York State Public Officers' Law, as amended, and Schedule G. ARTICLE 19. INDEPENDENT CONTRACTOR. The CONSULTANT, in accordance with his status as an independent contractor, covenants and agrees that he shall conduct himself consistent with such status, that he shall neither hold himself out as nor claim to be an officer or employee of the SPONSOR by reason hereof, and that he shall not by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the SPONSOR, including but not limited to, worker's compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. ARTICLE 20. PATENT RIGHTS AND COPYRIGHTS. 9.11.91 aW:\21 I1a&fmms1AG210 -11 - Any patentable result arising out of this Agreement, as well as all information, designs, specifications, know-how data, and findings, shall be made available without cost to the State or its licensees and the Federal Aviation Administration for public use. No material prepared in connection with this Project shall be subject to copyright. The State and the Federal Aviation Administration shall have the right to publish, distribute, disclose or otherwise use any material prepared under this Project. ARTICLE 21. NEW YORK STATE PARTICIPATION. The work in this Agreement is included in a New York State Department of Transportation Project, which is being undertaken and accomplished by the SPONSOR and the State of New York, pursuant to which the State has agreed to pay a certain percentage of the allowable project costs. The State of New York is not a party to this Agreement and no reference in this Agreement to the Commissioner of Transportation or any representative thereof, or to any rights granted to the Commissioner of Transportation or any representative thereof or the State of New York, by the Agreement, make the State of New York a party to this Agreement. The CONSULTANT and the SPONSOR agree that properly authorized officials of the State of New York may from time to time inspect, all Project documents for the purpose of insuring compliance with New York State laws and protecting the interests of New York State. ARTICLE 22. FEDERAL PARTICIPATION. The Federal Aviation Administration is not a party to this Contract although the Project work program covered by this Agreement is to be financially aided in part by a Grant Agreement between the SPONSOR and the Federal Aviation Administration as provided for under the Airport and Airway Development Act of 1970 (P.L. 91258). The SPONSOR and the CONSULTANT hereby agree to comply fully with the conditions set forth in detail in the Grant Agreement as though they were set forth in detail in this Agreement. The CONSULTANT further agrees that by reason of complying with the conditions of the Grant Agreement, no obligation is entailed on the part of the Federal Aviation Administration to the CONSULTANT. The CONSULTANT and the SPONSOR agree that properly authorized officials of the Federal Aviation Administration may from time to time inspect all Project documents for the purpose of insuring compliance with Federal laws and protecting the interests of the Federal Aviation Administration. ARTICLE 23. MISCELLANEOUS. A. The CONSULTANT agrees that he shall require all persons employed upon the work, including his Subcontractors, agents, officers and employees, to comply with all applicable laws in the jurisdiction in which the work is performed. 9.11.91 oirl5:\211\a�\AG210 -12- B. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. C. By execution of this Agreement, the CONSULTANT represents that he has not paid and also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this Agreement. D. The SPONSOR and CONSULTANT agree that all Project documents requiring formal approval by a Federal agency will be submitted to the New York State Department of Transportation for their prior approval and forwarding to the Federal agency for its formal approval. The SPONSOR and CONSULTANT agree that approval of all Project documents requires the complete, prior and simultaneous coordination with the Federal agency and New York State Department of Transportation. ARTICLE 24. SUBCONTRACTORS/SUBCONSULTANTS. All subcontractors and subconsultants performing work on this project shall be bound by the same required contract provisions as the prime consultant. All agreements between the prime consultant and a subcontractor or subconsultant shall include all standard required contract provisions, and such agreements shall be subject to review by the State and the Federal Aviation Administration. IN WITNESS WHEREOF, this Agreement has been executed by the SPONSOR, acting by and through the Supervisor of the Town of Southold who has causal the seal -of -his -office--to--heaffb edlierdo and the CONSULTANT, by and through a duly authorized officer has executed this Agreement effective the day and year first above written, subject to the approval of the Commissioner, Department of Transportation, the State Comptroller, and the Federal Aviation Administration. SPONSOR TOWN OF SO OLD By: Scott L. Harris Title: Supervisor Date: CONSULTANT CALOCERINOS & SPINA ENGINEERS P.C. By: Ronald L. Peckham, P.E. Title: Division Manager Date: 9.11.91 -13 - (ACKNOWLEDGEMENT OF OFFICER OR OWNER ATTESTING CONTRACT) State of New York ) County of ) SS: On this day of , 19_, before me personally came and appeared to me known, who being by me duly sworn did depose and say that he is the of the described in and which executed the foregoing instrument, that he knows the seal of said Owner; that one of the impressions appearing on said instrument is a true and correct impression of such seal; and that he affixed it thereto and attest the same over his signature by virtue of the authority in him vested. Notary Public (ACKNOWLEDGEMENT OF CORPORATION) State of New York ) County of Onondaga ) SS: On this day of , 19_, before me personally came and appeared RONALD L. PECKHAM, P.E., to me known, who being duly sworn, did depose and say that he resides in Liverpool, New York; that he is the Division Manager of CALOCERINOS & SPINA ENGINEERS, P.C., the CORPORATION described in and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that is was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public air\5:1211 Na[rmms\AG210 9.11.91 SCHEDULE A Project Description: Engineering design services necessary for the construction of a bituminous overlay on Runway 12-30 (2328' x 100'). The CONSULTANT agrees that the following types of professional services will be provided within the scope of Schedule "B": 1. Conferences with the SPONSOR to review his wishes and requirements, inspection of the site and become knowledgeable of the existing data that is already available for the Project. 2. Conferences with the New York State Department of Transportation and the Federal Aviation Administration to review their programming and design standards and become knowledgeable of the data that is already available for the Project. 3. During the design phase, to aid the SPONSOR by acting as liaison and project coordinator with the New York State Department of Transportation and the Federal Aviation Administration. The CONSULTANT shall prepare an engineering report per applicable requirements of Schedule "F" by supplementing the Pavement Evaluation Study Report dated February, 1992. 4. Perform preliminary engineering sufficient to prepare preliminary cost estimates for review and acceptance by the SPONSOR, New York State Department of Transportation and the Federal Aviation Administration for the Project's scope of work. 5. Prepare detailed applications for project funding to meet the Airport Improvement Program criteria of the Federal Aviation Administration. 6. If required, to update the Airport Layout Plan by identifying the improvements proposed herein and submit sufficient copies for its approval by the New York State Department of Transportation and the Federal Aviation Administration. 7. Prepare and furnish detailed Construction Plans, Specifications and Contract Documents for the Project. Submit sufficient copies of preliminary (50% complete) and final copies of the documents to the SPONSOR, the New York State Department of Transportation and the Federal Aviation Administration for their review and approval. For bidding purposes, provide as many copies of the Contract Documents to the SPONSOR as may be required. 9.11.91 •ir\SA211 fi�\AG210 A-2 8. The CONSULTANT agrees to complete the work under this phase of the Agreement in a manner satisfactory to the SPONSOR, within six (6) months after receiving a Notice to Proceed from the SPONSOR or within such extended periods as are agreed to by the SPONSOR. 9. Work products shall be submitted to State and Federal Agencies in accordance with the following schedule and shall be started by receipt of a signed Engineering Agreement: Engineer's Agreement Time from Receipt of Executed Agreement PrQject Date July, 1992 Preliminary Plans, 90 Days October, 1992 Specifications and Design Report (50% Completion) Final Plans, Specifications 150 Days December, 1992 and Design Report (100% Completion) 10. Assist the SPONSOR in securing bids, tabulation and analysis of bid results and furnish recommendations on the award of the Construction Contract. 11. Assist the SPONSOR in the preparation of formal Contract Documents for the award of Contracts. END OF SCHEDULE etr\5:\211 VQrmntsUG210 9.11.91 TOTAL ESTIMATED DIRECT SALARY COST II. OVERHEAD EXPENSES & PAYROLL BURDEN PER SCHEDULE "C" - (AUDITABLE, ESTIMATED AND EXPRESSED AS A PERCENTAGE OF DIRECT SALARY COST): A. AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: B• N.Y.S.D.O.T. ELIGIBLE FACTOR: RUNWAY 12-30 OVERLAY Page 1 140% 125% NYSDOT ELIGIBLE COST -------------- $22,651.00 -------------- -------------- $18,121.00 AGREEMENT AMOUNT & FAA ELIGIBLE COST ---------------- $25,369.00 * ARCHITECTURAL/ENGINEERING * COST SUMMARY * SCHEDULE "B" * DESIGN PHASE • ##*#********#******##*####********** PROJECT: RUNWAY 12-30 OVERLAY DATE: 12 -Mar -92 PROJ DESCRIPTION: CONSTRUCT BITUMINOUS OVERLAY ON RUNWAY 12-30 (2350'X1001) A/E: CALOCERINOS & SPINA PROJECT NO: 211 CLIENT: TOWN OF SOUTHOLD C&S CONTACT: M.F.PETRANCHUK CLIENT MANAGER: MR. R.PHILIP KNAUFF I. DIRECT SALARY COSTS: ------------------------------------------------------------------------ MAXIMUM AVERAGE RATE OF PAY RATE OF PAY ----------------------------------------- TITLE ($/HR) (S/HR) 2 HOURS COST A. DIVISION MANAGER ----------- ----------- $44.10 $38.40 X ------- 12 ---------------- = S461.00 B• MANAGING ENGINEER $31.50 $29.90 X 52 = S1,555.00 C• SEN PROJ ENGINEER 528.80 526.60 X 0 = SO.00 D. PROJECT ENGINEER $23.80 521.60 X 236 = $5,098.00 E• SEN GEOLOGIST (SOILS ENG) $24.50 $22.30 X 0 = $0.00 F. GEOLOGIST (SOILS ENG) 522.80 $20.70 X 0 = MOO G. ENGINEER $20.70 $19.00 X 0 = $0.00 H. ASST ENGINEER $18.90 $16.00 X 340 = $5,440.00 1. DESIGNER 517.20 $14.00 X 0 = 50.00 J. SEN DRAFTSMAN $16.50 513.30 X 324 = S4,309.00 K• DRAFTSMAN $13.50 $11.10 X 0 = $0.00 L. TECHNICAL TYPIST $12.70 511.30 X 60 = S678.00 M• GRANT ADMINISTRATOR $16.00 514.50 X 40 = $580.00 N. INSPECTION SUPERVISOR $27.30 524.80 X 0 = $0.00 0. RESIDENT ENGINEER 526.20 523.80 X 0 = 50.00 P• CHIEF INSPECTOR 523.30 $21.20 X 0 = $0.00 Q. SEN INSPECTOR $20.40 $18.50 X 0 = $0.00 R. INSPECTOR 517.00 $13.80 X 0 = $0.00 S• JR INSPECTOR $11.20 510.20 X 0 = $0.00 T• PARTY CHIEF 527.80 $26.50 X 0 = $0.00 U. INSTRUMENT MAN 524.70 523.50 X 0 = $0.00 V. RODMAN $22.60 521.50 X 0 = -------------- -------------- $0.00 TOTAL ESTIMATED DIRECT SALARY COST II. OVERHEAD EXPENSES & PAYROLL BURDEN PER SCHEDULE "C" - (AUDITABLE, ESTIMATED AND EXPRESSED AS A PERCENTAGE OF DIRECT SALARY COST): A. AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: B• N.Y.S.D.O.T. ELIGIBLE FACTOR: RUNWAY 12-30 OVERLAY Page 1 140% 125% NYSDOT ELIGIBLE COST -------------- $22,651.00 -------------- -------------- $18,121.00 AGREEMENT AMOUNT & FAA ELIGIBLE COST ---------------- $25,369.00 III. SUBTOTAL OF ITEMS 1 & 11: A. AGREEMENT AMOUNT & F.A.A. ELIGIBLE: B. N.Y.S.D.O.T. ELIGIBLE: IV. ESTIMATE OF DIRECT EXPENSES: A. TRAVEL, BY AIR: %2,700.00 1 DAY/TRIP 3 TRIPS 9 2 PERSONS 2 TRAVEL, BY RENTAL CAR: HOURS 2 3 TRIPS 8 B. PER DIEM: $25.00 = %1,000.00 3 DAYS 2 C. REPRODUCTION - 1. DESIGN REPORTS: %124.00 20 SETS 8 2. SPECIFICATIONS: 60 SETS 2 3. DRAWINGS: 60 SETS 2 4. MYLARS: D. COMPUTER TIME: E. CADD TIME: F• OPL PROJECT INSURANCE PREMIUM: G. MISCELLANEOUS: 2 PERS/TRIP 2 %450.00 %2,700.00 1 DAY/TRIP 2 %100.00 = %300.00 2 PERSONS 2 %151.00 = %906.00 100 PAGES/SET 2 %0.05 = $100.00 400 PAGES/SET 8 $0.05 = %1,200.00 6 SHEETS/SET 8 %1.00 = %360.00 12 SHEETS 2 %5.00 = %60.00 0 HOURS 2 %12.00 = %0.00 40 HOURS 2 $25.00 = %1,000.00 %250.00 _ %124.00 TOTAL ESTIMATE OF DIRECT EXPENSES V. FIXED FEE (PROFIT, LUMP SUM): A. LABOR PLUS OVERHEAD: 1 AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: 2 N.Y.S.D.O.T. ELIGIBLE FACTOR: B. DIRECT EXPENSES: 1 AGREEMENT AMOUNT & F.A.A. ELIGIBLE FACTOR: 2 N.Y.S.D.O.T. ELIGIBLE FACTOR: VI. TOTALS: A. B. TOTAL FIXED FEE NYSDOT AGREEMENT AMOUNT ELIGIBLE & FAA COST -------------- ELIGIBLE COST ---------------- %43,490.00 %40,772.00 $7,000.00 15% (OF II1.A.) 15% (OF I11.B.) %6,116.00 15% (OF IV.) 3.0% (OF IV.) %210.00 -------------- -------------- %6,326.00 -------------- -------------- ESTIMATE OF MAXIMUM TOTAL COST FOR DESIGN SERVICES, NYSDOT ELIGIBLE: %54,098.00 ESTIMATE OF MAXIMUM TOTAL COST FOR DESIGN SERVICES, AGREEMENT TOTAL & FAA ELIGIBLE: RUNWAY 12-30 OVERLAY Page 2 %7,000.00 %6,524.00 %58,064.00 SCHEDULE C CALOCERINOS & SPINA ENGINEERS, P.C. 1020 SEVENTH NORTH STREET LIVERPOOL, NEW YORK 13088 ESTIMATED ALLOWABLE OVERHEAD FYE 12/31/92 DOLLARS MULTIPLIER SALARY OVERHEAD (PAYROLL BURDEN) Vacation & Holiday Pay 531,200.00 0.112 Sick & Personal Pay 165,800.00 0.035 FICA Taxes 580,000.00 0.122 Unemployment Taxes 45,000.00 0.009 Workmen's Compensation Insurance 29,000.00 0.006 Group Insurance 490,000.00 0.103 Bonus 25,000.00 0.005 Miscellaneous Employee Benefits 115,000.00 0.024 Payroll Preparation 6.000.00 0.001 TOTAL 1,987,000.00 0.418 GENERAL & ADMINISTRATIVE OVERHEAD Indirect Labor 966,600.00 0.203 Clerical & Administrative 901,700.00 0.190 Project Development 745,400.00 0.157 Meeting, Conventions & Education 90,000.00 0.019 Office Supplies & Expenses 290,000.00 0.061 Field Supplies 36,000.00 0.008 Insurance 325,000.00 0.068 Depreciation 255,000.00 0.054 Rent 515,000.00 0.108 Utilities & Maintenance 162,450.00 0.034 Telephone 105,000.00 0.022 Auto Expenses 43,000.00 0.009 Dues & Fees 65,000.00 0.014 Legal & Accounting Expenses 165,000.00 0.035 Miscellaneous -----OM. 0.000 TOTAL 4,665,150.00 0.982 TOTAL ALLOWABLE OVERHEAD 6,652,150.00 1.400 TOTAL DIRECT LABOR 4,750,000.00 1.000 END OF SCHEDULE air\S:\211 *grimtsUG210 9.11.91 SCHEDULE D Mr. Philip Brito, Manager Federal Aviation Administration New York Airports District Office 181 South Franklin Avenue - Room 305 Valley Stream, New York 11581 Re: Fishers Island - Elizabeth Field Airport Subj: Airport Consultant Selection for Runway 12-30 Overlay Dear Mr. Brito: The Town of Southold has selected the firm of Calocerinos & Spina Engineers, P.C. to provide professional services for a bituminous overlay of Runway 12-30 at Elizabeth Field Airport. To the best of our knowledge, the qualifications based selection procedure used in selecting Calocerinos and Spina complies with the intent of Advisory Circular 150/5100-14A (latest version). The firm was chosen after careful consideration of its qualifications and those of other professional firms. C&S has demonstrated by past performance, its capability to successfully complete a wide variety of airport development projects including planning, design, construction inspection and other related services. The firm possesses the necessary professional staff, technical resources, financial capability, experience and understanding of the work anticipated to complete it within the time allocated. The President and Engineer In Charge are Registered Professional Engineers in the State of New York. Very truly yours, TOWN OF SOUTHOLD Scott L. Harris Supervisor SLH Jmc Enclosure cc: Calocerinos & Spina Engineers, P.C. END OF SCHEDULE air\SAzi iNatmvu\AG210 9.11.91 SCHEDULE E (RESOLUTION TO BE INSERTED) ,ir\5:\211 \•gt®nUG210 9.11.91 SCHEDULE F ENGINEER'S REPORT GENERAL CONTENTS SECTION 1 - INTRODUCTION A paragraph or so generally including the following: A. Airport location, owner, operator, brief history. B. Type of airport, classification, airplane design group. C. Based aircraft, aircraft operations, enplanements. 1.01 Proposed Development Generally includes: A. A brief explanation of the scope of the proposed improvement. B. How project fits in with present and future development of the airport as shown on ALP. 1.02 Purpose and Scope of Report Generally includes: A. Purpose of report. B. Contents of report (ie. basis of design, cost estimates, recommendations, development of alternative improvements, etc.). 1.03 Scope of Professional Services Generally includes: A. List of professional services to be provided (ie. survey, visual inspection, pavement design, report preparation, etc.). 1.04 Airside Facilities Generally includes: A. Description of existing airside facilities. B. Reference to General Plan. 1.05 Environmental Considerations (Use Standard) 1.06 Safety Considerations (Use Standard) 9.11.91 Wr15A2111&g m \AG210 SECTION 2 - GEOTECHNICAL General paragraph to include: A. Geotechnical testing setup in accordance with FAA AC. B. When conducted. C. Purpose & contents of section. 2.01 Subsurface Investigation Generally includes: A. Description of subsurface investigation program. B. What the investigation included. C. Who performed the testing. D. Reference boring plan. 2.02 Laboratory Testing Generally includes: A. Type and number of laboratory tests to be conducted. B. Testing standards followed. 2.03 Findings Generally includes: A. Results of geotechnical investigation. B. Subgrade soils. C. Ground water conditions. D. Frost conditions. E. Subgrade density and strength. 2.04 Conclusions and Recommendations Generally includes: A. Existing pavement section. B. Subgrade limiting soil type, compaction, CBR. C. Subgrade frost susceptibility. D. Need for underdrains, stabilization fabric, drainage improvements. E. Special construction methods required. F. Reference to Appendix for data. air\5:1211 VgmirtsUG210 9.11.91 SECTION 3 - BASIS OF DESIGN General paragraph to include: A. Purpose and contents of section. B. Reference to FAA AC (General). 3.01 Construction History Generally includes: A. History of airport pavement to be overlayed (ie. initial pavement section, overlays, maintenance efforts, etc.). B. Graphic showing different pavement types, Figure No. 4. 3.02 Existing Pavement Condition Generally includes: A. Discussion of existing pavement condition. B. Indication of pavement distress and severity. C. Possible figure showing location of the various pavement distresses. D. Indication of areas requiring reconstruction, or special repair. 3.03 Preparation of Existing Pavement Generally includes: A. Indication of repairs, type of crack sealing, and surface preparation requiredprior - - - to the overlay. B. Indication if reflective crack membrane is to be used. 3.04 Overlay Design Generally includes: A. Aircraft mix. B. Selection of design aircraft. C. Determination of equivalent annual total departures by design aircraft. D. Design Data - design aircraft, maximum takeoff weight, landing gear configuration, equivalent annual departures, soil classification, subgrade CBR, subbase CBR. E. Existing pavement strength. F. Required pavement strength. G. Overlay design. 9.11.91 sir\5A21 Imgrmn,.Uc2i0 3.05 Pavement Geometry Generally includes: A. Reference to FAA AC 150/5300-4B, "Utility Airports" or FAA AC 150/5300-12, "Airport Design Standards - Transport Airports". B. Pavement widths and lengths. C. Limits of overlay. 3.06 Surface Gradients Generally includes: A. Reference to FAA AC 150/5300-4B, "Utility Airports" or FAA AC 150/5300-12, "Airport Design Standards - Transport Airports". B. Proposed pavement longitudinal and transverse grades. C. Allowable grades (FAA AC). D. Refer to Figure No. 3. 3.07 Safety Areas Generally includes: A. Reference to FAA AC 150/5300-4B, "Utility Airports" or FAA AC 150/5300-12, "Airport Design Standards - Transport Airports". B. Required safety area, dimensions and grades. C. Proposed safety area grades and dimensions. 3.08 Runway Grooving Generally includes: A. Purpose and justification for grooving. B. Area to be grooved. C. Dimensions of grooves. 3.09 Markings Generally includes: A. Refer to FAA AC 150/5340-1F, "Marking of Paved Areas On Airports". B. Type and color of markings to be applied. SECTION 4 - BID ALTERNATIVES AND COST ESTIMATES Generally includes: A. Purpose of section. 9.11.91 .ir\5A21 im&nnnd.uci10 4.01 Bid Alternatives Generally includes: A. Breakdown of how improvements are to be bid. B. Priority of improvements. 4.02 Cost Estimates Generally includes: A. Detailed cost estimates. B. Source of quantities and unit costs. 4.03 Project Cost Summary and Analysis Generally includes: A. Cost for various bids (ie. base, alternate No. 1, Add -Ons). B. Alternate project cost combinations. C. Alternative project cost summary. APPENDICES A - Geotechnical Data B - Pavement Design Curves and Calculations C - Figures -- Figure No. 1 - General Plan Figure No. 2 - Boring Location Plan Figure No. 3 - Centerline Profile and Cross -Sections (Optional) Figure No. 4 - Existing Pavement Type & Section Plan (Optional) 9.11.91 eir\S:\2114etmobUG210 SCHEDULE G CERTIFICATION OF CONSULTANT I hereby certify that I am the Division Manager and duly authorized representative of the firm of Calocerinos & Spina Engineers, P.C., whose address is 1020 Seventh North Street, Liverpool, New York, and that neither I nor the above firm I here represent has: A. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Contract. B. agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services of any firm or person in connection with carrying out the Contract, or C. paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States' Department of Transportation, in connection with this Contract, involving participation of Airport Improvement Program (AIP) funds and is subject to applicable state and Federal laws, both criminal and civil. Date ,iA5A21 t lrgnmu\AG210 Ronald L. Peckham, P.E. Division Manager END OF SCHEDULE 9.11.91 SCHEDULE H AIRPORT AID PROGRAM There is set forth below the contract provision required by the regulations of the Secretary of Labor in Parts 5 and 5a of Title 29 of the Code of Federal Regulations. Section 15255(a) requires sponsors to insert this provision in full in each construction contract. PROVISION REQUIRED BY THE REGULATIONS OF THE SECRETARY OF LABOR A. MINIMUM WAGES 1. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision(s) of the Secretary of Labor which is (are) attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision(s) shall be posted by the contractor at the site of the work in a prominent place where it (they) can be easily seen by the workers. For the purpose of this paragraph, contributions made or costs reasonably anticipated under Section 1(b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Subparagraph 4 below. Also for the purpose of this paragraph, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period [29 CFR 5.5(a)(1)(i)]. 2. Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination(s) and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination(s), and a report of the action taken shall be sent by the SPONSOR to the FAA for approval and transmittal to the Secretary of Labor. In the event that the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for final determination [29 CFR 5-5(a)(1)(ii)]. 3. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof shall be established. In the_event the interested_patties-cannot agree upon a cash equivalent of the fringe benefit, the question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for determination [29 CFR 5.5(a) (1)(iii)]. 4. If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract. Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. B. WITHHOLDING: FAA FROM SPONSOR. Pursuant to the terms of the grant agreement between the United States and SPONSOR, relating to Airport Development Aid Project No. , and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), the FAA may withhold or cause to be withheld from the SPONSOR so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the Contractor or any Subcontractor on the work the full amount of wages required by this Contract. In the event of failure to pay any laborer or mechanics, including any apprentice or trainee, employed or working on the site of the work all or part of the wages required by this Contract, the FAA may, after written notice to the SPONSOR, take such action as may be necessary to cause the suspension of any further payment or advance of funds until such violations have ceased [29 CFR 53(a)(2)]. C. PAYROLLS AND BASIC RECORDS. 1. Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 53(a)(1)(iv) (see Subparagraph 4 of Paragraph A above), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that 9.11.91 air\5:\21I\&Vr u\AG210 H•2 the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits [29 CFR 53(a)(3)(i)]. 2. The Contractor will submit weekly a copy of all payrolls to the SPONSOR for availability to the FAA as required by SS 15259(a). The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this Contract and the Copeland regulations of the Secretary of Labor (29 CFR Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor, under 29 CFR 5.5(a)(1)(iv) (see Subparagraph 4 of Paragraph A above), shall satisfy this requirement. The prime Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors. The Contractor will make the records required under the labor standards clauses of the Contract available for inspection by authorized representatives of the FAA and the Department of Labor, and will permit such representatives to interview employees during working hours on the job [29 CFR 5.5(a)(3)(ii)]. D. APPRENTICES AND TRAINEES 1. Apprentices. Apprentices will be permitted to work as such only when the are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in Subparagraph 2 of this Paragraph, or who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The Contractor or Subcontractor will be required to furnish to the SPONSOR written evidence of the registration of his program and apprentices as well as of the Appropriate ratios and wage rates, for the area of construction prior to using any apprentices on the contract work [29 CFR 5.5(a)(4)]. 2. Trainees. Trainees will be permitted to work as such when they are bona fide trainees employed pursuant to a program approved by the United States Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training and, where Subparagraph 3 of this Paragraph is applicable, in accordance with the provisions of Part Sa.29 CFR, Subtitle A. 3. Application of 29 CFR Part 5a. On contracts in excess of $10,000, the employment of all laborers and mechanics, including apprentices and trainees as defined in 29 CFR 5.2(c) shall be also be subject to the provisions of 29 CFR Part 5a. Apprentices and trainees shall be hired in accordance with the requirements of 29 CFR Parts 5a as set forth in Subparagraphs 4, 5, 6, 7, and 8 of this Paragraph. 4. Apprentice and Trainee Employment Requirements. a. The Contractor agrees: 1) That he will make a diligent effort to hire for the performance of the contract a number of apprentices or trainees, or both, in each occupation, which bears to the average number of the journeymen in that occupation to be employed in the performance of the contract the applicable ratio as determined by the Secretary of Labor, 2) That he will assure that 25 percent of such apprentices or trainees in each occupation are in their first year of training, where feasible. Feasibility here involves a consideration of the availability of training opportunities for first year apprentices, the hazardous nature of the work for beginning workers, excessive unemployment of apprentices in their second and subsequent years of training; and 3) That during the performance of the Contract he will, to the greatest extent possible, employ the number of apprentices or trainees necessary to meet currently the requirements of Subdivisions 1) and 2) of this Subparagraph. b. The Contractor agrees to maintain records of employment by trade of the number of apprentices and trainees, apprentices and trainees by first year of training, and of journeymen, and the wages paid and hours of work of such apprentices, trainees, and journeymen. The Contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal Aviation Administration. 9.11.91 air\5:\21 I \a�\AG210 H-3 C. The Contractor who claims compliance based on the criterion stated in (Subdivision 5 b. of this Paragraph) agrees to maintain records of employment, as described in Subdivision b. of this Paragraph on non -Federal and non - Federally assisted construction work done during the performance of this contract in the same labor market area. The Contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal Aviation Administration. d. The Contractor agrees to supply one copy of the written notices required in accordance (with Subsection 5 c.) at the request of Federal Aviation Administration compliance officers. The Contractor also agrees to supply at three-month intervals during performance of the Contract and after completion of contract performance a statement describing steps taken toward making a diligent effort and containing a breakdown by craft, of hours worked and wages paid for first year apprentices and trainees, other apprentices and trainees, and journeymen. One copy of the statement will be sent to the Federal Aviation Administration, and one to the Secretary of Labor. C. The Contractor agrees to insert in any Subcontract under this contract the requirements contained (in this Subdivision 4). Subparagraphs 5, 6, 7, and 8 shall also be attached to each such Contract for the information of the Contractor. The term "Contractor" as used in such clauses in any Subcontract shall mean the Subcontractor. 5. Criteria for Measuring Diligent Effort. A Contractor will be deemed to have made a "diligent effort" as required by Subparagraph 4 of this Paragraph if during the performance of his Contract he accomplishes at least one of the following three objectives: a. The Contractor employees on this project a number of apprentices and trainees by craft as required by the Contract clause at least equal to the ratios established in accordance with Subparagraph 6 of this Paragraph. b. The Contractor employs, on all his public and private, construction work combined in the labor market area of this project, an average number of apprentices and trainees by craft as required by the contract clauses, at least equal to the ratios established in accordance with Subparagraph 6. C. 1) Before commencement of work on the project, the Contractor, if covered by a collective bargaining agreement, will give written notice to all joint apprenticeship committees. the local United States Employment Security Office; local chapter of the Urban League (Workers Defense League) or other local organization concerned with minority employment; and the Bureau of Apprenticeship and Training Representative, United State Department of Labor, for the locality. The Contractor, if not covered by a collective bargaining agreement, will give written notice to all the groups stated above except joint apprenticeship committees; this Contractor also will notify all non joint apprenticeship sponsors in the labor market area.--- ---- 2) The notice will include at least the Contractor's name and address, the jobsite address, value of contract, expected starting and completion dates, the estimated average number of employees in each occupation to be employed over the duration of the Contract, and a statement of his willingness to employ a number of apprentices and trainees at least equal to the ratios established in accordance with Subparagraph 6. 3) The Contractor must employ all qualified applicants referred to him through normal channels (such as the Employment Service, the Joint Apprenticeship Committees and, where applicable, minority organizations and apprentice outreach programs who have been delegated this function) at least up to the number of such apprentices and trainees required by the applicable provision of Subparagraph 6. 6. Determination of ratios of Apprentices or Trainees to Journeymen. The Secretary of Labor has determined that the applicable ratios of apprentices and trainees to journeymen in any occupation shall be as follows: a. In any occupation the applicable ratio of apprentices and trainees to journeymen shall be equal to the predominant ratio for the occupation in the area where the construction is to be undertaken, set forth in collective bargaining agreements or other employment agreements, and available through the Regional Manager for the Bureau of Apprenticeship and Training for the applicable area. b. For any occupation for which no such ratio is found the ratio of apprentices and trainees to journeymen shall be determined by the Contractor in accordance with the recommendations set forth in the standards of the National Joint Apprentice Committee for the occupation, which are filed with the United States Department of Labor's Bureau of Apprenticeship and Training. C. For any occupation for which no such recommendations are found, the ratio of apprentices and trainees to journeymen shall be at least one apprentice or trainee for every five journeymen. 7. Variations, Tolerances, and Exemptions. Variations, tolerances, and exemptions from any requirement of this Part with respect to any Contract or Subcontract may be granted when such action is necessary and proper in the public 9.11.91 uru:\211 VVnmt,\AG210 H-4 interest, or to prevent injustice, or undue hardship. A request for a variation, tolerance, or exemption may be made in writing by any interested person to the Secretary, United States Department of Labor, Washington, D.C. 20210. 8. Enforcement a. The FAA shall insure that the Contract clauses required by Subdivision 4 a. of this Paragraph are inserted in every Federal or Federally assisted construction contract subject thereto. For assistance programs for construction work for which it does not contract directly, the FAA shall promulgate regulations and procedures necessary to insure that contracts for the construction work subject to Subdivision 4 of this Paragraph D will contain the clauses required thereby. b. Enforcement activities, including the investigation of complaints of violations, to assure compliance with the requirements of this Part, shall be the primary duty of the FAA. The Department of Labor will coordinate its efforts with the FAA, as may be necessary to assure consistent enforcement of the requirements of this Part. Enforcement of these provisions shall be in accordance with 29 CFR 5.6. E. COMPLIANCE WITH COPELAND REGULATIONS. The Contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference (29 CFR 5.5(a)(5)). F. OVERTIME REQUIREMENTS. No Contractor or Subcontractor contracting for anypart of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek unless such laborer or mechanic received compensation at a rate not less than 11/2 times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek, as the case may be (29 CFR 5.5(c)(1)). G. VIOLATIONS; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. In the event of any violation of Paragraph F of this provision, the Contractor and any Subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed, with respect to each individual laborer or mechanic employed in violation of said Paragraph F of this provision, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by said Paragraph F of this Provision (29 CFR 53(c)(2)). H. WITHHOLDING FOR UNPAID WAGES AND—LIQUIDATED-DAMAGES, AND ORITYOF PAYMENT. 1. The FAA may withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or Subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in Paragraph G of this Provision (29 CFR 5.5(c)(3)). 2. In the event of failure or refusal of the Contractor or any Subcontractor to comply with overtime pay requirements of the Contract Work Hours and Safety Standards Act, if the funds withheld by the FAA for the violations are not sufficient to pay fully both the unpaid wages due laborers and mechanics and the liquidated damages due the United States, the available funds shall be used first to compensate the laborers and mechanics for the wages to which they are entitled (or an equitable portion thereof when the funds are not adequate for this purpose); and the balance, if any, shall be used for the payment of liquidated damages (29 CFR 5.14(d)(2)). I. WORKING CONDITIONS. No Contractor may require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1518; 36 F.R. 7340) issued by the Secretary of Labor. I SUBCONTRACTS. The Contractor will insert in each of his subcontracts the clauses contained in Paragraphs A through K of this provision, and also a clause requiring the Subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made (29 CFR 5S(a)(6), 53(c)(4)). K. CONTRACT TERMINATION; DEBARMENT. A breach of Paragraphs A through J of this provision may be grounds for termination of the contract. A breach of Paragraphs A through E and I may also be grounds for debarment as provided in 29 CFR 5.6 of the regulations of the Secretary of Labor (29 CFR 5.5(a)(7)). END OF SCHEDULE air\5:\21 I \agmnsUG2l0 9.11.91 SCHEDULE I LABOR LAW AND NON-DISCRIMINATION REQUIREMENTS LABOR LAW REQUIREMENTS. The Consultant Subcontractor specifically agrees, as required by the Labor Law, Section 220, 220-4 and 220-e, as amended, that the execution of this Agreement binds him to the following specific agreements: A. No laborer, worker or mechanic in the employ of the Consultant Subcontractor, Subcontractor or other person doing or contracting to do the whole or part of the work included in this Agreement shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week in the performance of work included in this Agreement except in the emergencies set forth in the Labor Law; B. The wages (including supplements) paid for a legal day's work shall not be less than the prevailing rate of wages (including supplements) as defined by Law; C. The minimum hourly rate of wages (including supplements) to be paid shall not be less than that designated by the Industrial Commissioner, D. The minimum hourly supplements to be aid shall be in accordance with the prevailing practices in the locality where the Project is located and shall be not less than those designated by the Industrial Commissioner. Supplements as defined in Section 220 of the Labor Law, as amended, mean all remuneration for employment paid in any medium other than cash or reimbursement for expenses or any payments which are not wages within the meaning of the Law, including but not limited to health, welfare, non- occupational disability, retirement, vacation benefits, holiday pay and life insurance; I? The Labor Law provides that the Agreement may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than; 1. The stipulated wage scale (including supplements) as provided in the Labor Law, Section 220, Subdivision 3, as amended, or 2. The stipulated minimum hourly scale (including supplements) as provided in the Labor Law, Section 220-0, as amended; F. The Consultant Subcontractor specifically agrees as required by the provisions of Labor Law, Section 220-e, as amended, that: 1. In the hiring of employees for the performance of work under the Agreement of any Subcontract hereunder, no Consultant Subcontractor, Subcontractor or any person acting on behalf of such Consultant Subcontractor or Subcontractor shall, by reason of race, creed, sex, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. 2. No Consultant Subcontractor, Subcontractor or any person on his behalf, shall in any manner discriminate or intimidate any employee hired for the performance of work under the Agreement on account of race, creed, sex, color or national origin. 3. There may be deducted from the amount payable to the Consultant Subcontractor by the Consultant under the Agreement a penalty of five dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement. 4. The Agreement may be canceled or terminated by the Consultant and all monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this Section of the Agreement. Additional Federal Labor Law provisions are contained in the attached Appendix. 9.11.91 air\5:\211\agt XAc210 I-2 NON-DISCRIMINATION REQUIREMENTS. During the performance of this Contract, the Consultant Subcontractor agrees as follows: A. The Consultant Subcontractor shall not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin, and shall take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Such action shall be taken with reference to, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. B. The Consultant Subcontractor shall send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice to be provided by the State Division of Human Rights, advising such labor union or representative, of the Consultant Subcontractor's Agreement under Clauses A. through G. (hereinafter called "non-discrimination clauses*). If the Consultant Subcontractor was directed to do so by the contracting agency as part of the bid or negotiation of this Agreement, the Consultant Subcontractor shall request such labor union or representative to furnish it with a written statement that such labor union or representative shall not discriminate because of race, creed, sex, color, or national origin and that such labor union or representative shall affirmatively cooperate within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Agreement shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with a request that it furnish such a statement, the Consultant Subcontractor shall promptly notify the State Division of Human Rights of such failure or refusal. C. The Consultant Subcontractor shall post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Division of Human Rights setting forth the substance of the provision of clauses (a) and (b) and such provisions of the State's laws against discrimination as the State Commissioner of Human Rights shall determine. D. The Consultant Subcontractor shall state, in all solicitations or advertisements for employees placed by or on behalf of the Consultant Subcontractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. —. - -- -- - Iw The Consultant Subcontractor shall comply with the provision of Section 291-299 of the Executive Law and Civil Rights Law, shall furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these non-discrimination clauses and such sections of the Executive Law, and shall permit access to its books, records and accounts by the State Commissioner of Human Rights, the attorney General and Industrial Commissioner for the purposes of investigation to ascertain compliance with these nondiscrimination clauses and such sections of the Executive Law and the Civil Rights Law. F. This Agreement may be forthwith canceled, terminated or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the State Commissioner of Human Rights that the Consultant Subcontractor has not complied with these non-discrimination clauses, and the Consultant Subcontractor may be declared ineligible for future Agreements made by or on behalf of the State or a public authority or agency of the State, until he satisfies the State Commissioner of Human Rights that he has established and is carrying out a program in conformity with the provision of these non-discrimination clauses. Such findings shall be made by the State Commissioner of Human Rights after conciliation efforts by the State Division of Human Rights have failed to achieve compliance with these non-discrimination clauses and after a verified compliant has been filed with the State Division of Human Rights, notice thereof has been given to the Consultant Subcontractor, and an opportunity has been afforded him to be heard publicly before the State Commissioner of Human Rights or his designee. Such sanctions may be imposed and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by Law. END OF SCHEDULE air15A211\a�\AG210 9.11.91 I . • SCHEDULE J "In accordance with Chapter 406 of the Laws of 1981, the Contractor hereby promises, asserts and represents that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating or shall participate in an international boycott in violation of the provisions of the United States Export Administration Act of 1969, as amended, or the United States Export Administration Act of 1979, or the effective Regulations of the United States Department of Commerce promulgated under either Act. "It is understood further that the Sponsor in awarding a contract does so in material reliance upon the promise and representation made by the Contractor in the foregoing paragraph and that such contract shall be rendered forfeit and void by the State Comptroller if subsequent to the bid execution date, the Contractor or such owned or affiliated person, firm, partnership or corporation has been convicted of a violation of the aforesaid Acts or Regulations or has been found upon final determination of the United States Commerce Department or any other appropriate agency of the United States to have violated such Acts or Regulations. "The Contractor agrees to and shall notify the Commissioner of Transportation and the Director of the Bureau of Contracts and State Expenditures in the Department of Audit and Control of any such conviction or final determination of violation within five days thereof.' au\5:\21naQ}, \AG210 END OF SCHEDULE 9.11.91 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 6, 1992 Sheila M. Farley, Grants Administrator Calocerinos 6 Spina Engineers, P.C. 1020 Seventh North Street Liverpool, New York 13088-6199 Re: Fishers Island Airport FY92 Final Application Runway 12-30 Rehab ( Design) Dear Ms. Farley: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Transmitted herewith are nine (9) executed copies of Final Application for Federal Assistance for the proposed Runway 12-30 Rehab ( Design) project at Elizabeth Field, Fishers Island. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (9) cc: Accounting 6 Finance JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER �oc��FFOIkc�Gy � z .F Vv��pl OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 5, 1992: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute the Final Application for Federal Assistance for the proposed Runway 12-30 Rehab (Design) , project at Elizabeth Field, Fishers Island, all in accordance with the recommendation ,and approval of Calocerinos & Spina Engineers, P.C., the Town's engineers for the project. Judith T. Terry Southold Town Clerk May 6, 1992 C-- S Calocerinos & Spina Fii noels P.0 To: Mr. Scott L. Harris Town Supervisor Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Enclosed please find the following: J Irp _._.. nil APR 2 9 1992 N "' u RCE Re: Elizabeth Meld FY92 Final Application Runway 12-30 Rehab (Design) File: 211 Date: 27 -Apr -92 - Ten copies of the Final Application for Federal Assistance for the proposed project referenced above for your review and signatures. Dear Mr. Harris: Please sign nine copies of the enclosed final application on all pages indicated and return them to me for distribution to the appropirate agencies. Keep one copy for your files. If you have any questions or need additional information, please do not hesitate to contact us. CALOCERINOS & SPINA ENGINEERS, P.C. Enclosures 5 cc: Mr. R. Philip Knauff'l Mrs. Judith Terry Sheila M. Farley Grants Administrator 1020 Seventh North Street, Liverpool, NY 13088-6199 (315) 457-6711 FAX (315) 457-9803 h `� � ..�._ w., � � �� i f,. � Y tai. ♦ .. � " �.. <+ r. .� "'.,. ` .� Y' ;�: $� �� r • ..N`. 1 *�� . f' {� s:, f '�� < ;:� �J �,/t ;'- S�'�. 0 Z' n 0 Ito0 Z a J , U) C D= W Y C* C: Existing Transformer And Disconnect (Typ.)--*, Existing Threshold Lights / { To Be Raised See( Detail Sheet No. 8 (Typ.) Existing REIL (TYR ) Existing Catch Basin (Typ. )- BASE B I D GRADING PLAN Scale : I'�= 60' \\ Existing 4 -Way �\ Duct Bank @ For Continuation N Of Runway 7- 25 See Sheet No. 6 .k �\ � o � \`l dir Continuation U i ' Runway 7-25 „. Sheet No. 5 Existing 4 -way j t Duct Bank 10 xisting Grad, W CX See X89 Detqfl_ „ o Z St+e�tt bio. b Q 4' Ire) r N 2 9 W 4 9 Proposed Finished ode o W .,X s W WCc L Ac ExistingGrade, C ,� W .�` W ti k. p 7 ) _ Q 0 W ? •. r Z 6 J U ' + + 5 8.74 O J.4: 18.27 18:56 111.75 8.75 8.70 8.64 $ 8.56 8.51 8.46 8.30 8.28 8.20 8.14 8.02 8.00 7.9V 7.91 7.90 7.81 7.70 7.66 7.56 7.50 7.43 7.45 7.50 7.32 7.32 722 7.01 7.09 7.01 6.96 6.92 ± 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 4 RUNWAY d2 CENTERLINE PR VISIONS TOWN OF SOUTHOLD FISHERS ISLAND, NEW YORK Scale: Vert. - i"= I ( BASE BID) ELIZABETH FIELD AIRPORT Horiz.- I"= 60' RUNWAY 7-25 AND 12-30 OVERLAY . . ., 1 4 1 2Ft. K GRADING PLAN 600 6© 120Ft. ANDP ROFILE C. Calocerinos & Spina DATE: S E !r Pltranchuk NO ALTERATION PERMITTED HEREON Engineers. P C IN CHARGE OF: R.L. PeCkhIa111 ., . . EXCEPT AS PROVIDED UNDER SECTION SCALE: AS SHOWN MADE BY: M.J. Drozd 7209 SUBDIVISION 2 OF THE NEW YORK CHECKED BY: B.W. 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GRA NG PLAN Scale : I" =0' Y' � I. lk . v C ry i U v NIV V N 1 C i "1 r _� - _�_ - - ----__ 1� I _"�"***� _/ y- I I ',�� O ,: M t , {' M v N . • t ,. 6.41 6.33 6.24 6.22 6.10 r 6.06 6.02 3.97 5.94 5.87 5.85 5.74 II I 1- I I ,ll,t, i IMI I i I ► I r 18 19 20� , 21 22 23 __� IRU SAY 12- ��N �II��II�II0 __ CENTE INE PR�3FILE am R Scale: vert. - I"= .t (BASE BID) rz�" + I� Horiz.- I"=4i' , ., S' 11 .� 9 rti . i 8 /' BLOCK ISLAND SOUND TO O a. 0 0 6. 4 - WV > `' 0 C -p U c N BIW %m I O V v W W 5.67 1 24 Approximate Coastline M T O 3 C a. M E W 0 10 C W Cl' -Existing Electrical Pull Box (Typ.) Existing Double m Obstruction Light (Typ.) 1_ I � . i` + N Proposed Elevation 5.70 5.63 i. 566 5.39 Existing Elevation I I F; I I IN 25 V I • f . _-� i I- --- Vii' 7 I I l O ± 6 I 0 1 2Ft. II It } r60 0 60 12OFt. 11111111111111111111 - 5 60' Ci 7 . 8 9 14 11 (BASE BID) NO ALTERATION PERMITTED HEREON EXCEPT AS PROVIDED UNDER SECTION 7209 SUBDIVISION 2 OF THE NEW YORK STATE EDUCATION LAW i 10 9 I 8 7 6 5 4 RE/ISIONS TOWN OF SOUTHOLD FISHERS ISLAND, NEW YORK ELIZABETH FIELD AIRPORT RUNWAY 7-25 AND 12-30 OVERLAY ii, GRADING PLAN �.� AND PROFILE C-2,Calocerinos & Spina DATE: Engineers, P C SCALE: AS SHOWN FILE NO. 211.006 SHEET NO. 4, i`R. ? - �tj,'w,`.',,. x` .^ 'moi" �' - ^;'i., ,>-r"rk -f ".y^ :'i .,f - . 4 '.'a, Existing Trinsforn+tr . , k., € .k _, _ "�,,, 1 .. And Disconnect (Typ•) 0 7 -- - . ->< .r,. 'F- -5: �V it - :�}� -'S »" t .ter €' _ - �'� ��/wI ,,. ., *;< ,M ° :�' :' I :..: �xistinq PAPI f�` r- i ,, , '� x. t ,'s y • ' . # I I , f•+ kk'rR� M's `"'Nn !` S'yt %* ,k y i , 3 f^>fi •. �, •l V © I I O ` +. px'•.'.. v' r -1w •n + ,',,!'`*'' " ^ .a 4'y�i'�.:. ,A�t-,vn''1., •"1 r,Nt / • • 1 �* * ^*may -47" "' ;, �, . f:*'+ :,, r ,F. 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" r f.., k 4�' i , X x' ` �.i�.'. _ � ETR ! PROF! s :t� -i F�.x x 4. CNELNE LE ' �!'` _ k',F "'*;., Via..E.:,: ' . - .. i {may r A t :.-r"` t . .Y '� � .�, ` „ _ Sral�� (•�,�rt. -I„'T' I� (ADD-ON NO• '*.' # ': , . s+` -*%N .n ✓ : j f ,''r+.9 n -x f '`F' �. K;3S^�` ; c: fir,° '! 4 I fNr�z. - l�� 'T' 60, � Mt ' '+ , ", ' ,e: :'" '' �' # 3' ;: " ��"'�' * '. T' '''' Sys-,, `�, , - `' , `f, _ r4°A far` t, s �;•- ,f', , >C N kkyr j _ _ y - 5I Y, _ - C. , :,_ r r, '` ^' v'. Z W i 'W'AA V/ to 0) 0 Q v/ 2 J U Q 2 T� Z W ''i^ MI W'A VI Y 0 Q VI Z J V Q 2 N� Existing I Grade See Keying Detail Sheet No. � a' c 7 g W u 9 8 „x. vrr"�"' 7 6 5 Proposed Elev. 8.Oi Existing Elevation a] 3 C N K W 150' 1( 37.5' Runwa 7-25 8' (Typ•) _ _ 50' Runway 12-30 �--_----- Existing Subgrade-�~ 0m v Proposed True And ,Leveling Course, Thickness Varies Item P - 401 C ).) • , 37.5' Runwa 7-25 50' Runwa 12-30 8' (Typ. ) 1-2°(Typ.) Meet Existing Pavement (Typ.) - Proposed NYSDOT Type 6F Top Course Item P- 409 TYPICAL RUNWAY PAVEMENT SECTION Not To Scale 75' Runwa 7 - 25 Runway 12- 30 = if M. Z 2" ( Typ.) • 0 W g E N? 1 Proposed Tri Course, Thicknes"Ories It - ::.401 C 8'(Tv�. Meet Existing Pavement-- , Proposed Bituminous Propo SDOT Type 6F Tack Coat Item P-60: Top se I m P - 409 . : j,:> ':; „r � I 0 1 2 Ft. ;,;?. _ .: y, ,k ,3 60 0 60 120 Ft. s �- mit . i'f ' >,,,y µ-.'++ .. Y' ' + .. , a"" . ^, # • µ�+''} { " ill - �4 , :. fie°- . , �{ f . .; j'« �? .�S ',4 , x � . aI " 1, ._ � • ' , y EXCEPTEAS TPROVPERDMIUTE R HE LEON :x ,, -r,.'-, Mag-, ^ , 4 A y� .' DE NDE SE TION ,i,`r ,, +, t* - tw . 7209 SUBDIVISION 2 OF THE NEW YORK w STATE EDUCATION LAW �. - 4 3.,, .� , fid:+k 1 Y{,4 k" - 'F t .s. s, a -Mr `*� ,, ,1� - I , . . ., : 1r�,. y-'++ u. KEYING DETAIL "A" Not To Scale � Sawcut Existing Pavement Prior To Removal, See Joint Sealing . Detail Sheet Existing Grads -Existing Pavement To Be Removed By Milling ' RVISIONS TOWN OF SOUTHOLD FISHERS ISLAND, NEW YORK ELIZABETH FIELD AIRPORT RUNWAY 7- 25 AND 12-30 OVERLAY GRADIN P G LA N AND PROFILE s. Calocerinos & Spina DATE: f I- Engineers, P.0 SCALE: AS SHOWN FILE NO. 211.006 SHEET NO. 5 a .a y�A r:T1 ��*'�� l'%Y�• - �: `•£�"�'' tom« i :cr'.a':•'' ' i sxy M1T f i b • .*i. .yy ` } 4 - 6" STRIPES 3 - 6' SPACES r J W Cr �- Z 6"CENTERLINE STRIPE HOLDING POSITION MARKING DETAIL NOT TO SCALE Drnn�.�d 1! W:d& A..:wiinn Proposed Aviation White Relocated Threshold Marking Proposed Aviation White Runway Designation Marking (Typ.) See Numeral Details This Sheet Existing 4-Wa Duct Bank--< m Proposed 3' Wide Aviation Yt1low Chevron Marking (Typ.) Existing Transformer And Disconnect (Typ.) b . Existing R E I L (Typ.) Z Existing I-I/C No. 8 AWG " p 5KV L-824 Type"C" Existing Double Direct Burial Cable (Typ.) �� Obstruction Light (Typ.) Proposed Aviation White o Displaced Threshold Marking Existing Single Obstruction Light (Typ.) o 2' �I .r/, 1FmV Q IN CHARGE OF: R.L. Peckham P.E., M.F. Petranchuk MADE BY: M.J. Droz d CHECKED BY: B.W. Clark, H 14 S111 1. IVAN. INC 242140 Existing Electrical Suildin —Existing 8 -Way Duct Bank Existing Electrical Manhole Approximate 4 Coast Line4 5' r. z 20 NUMERAL AILS Not To Scale Existing Office Building—_--_ Existing 211 Rigid Steel Conduit (Typ.) Existing Base Only Of Base Mounted Edge Light (Owner Has Top Portion In Storage) — �0 Existing Electrical Pull Box (Ty p. ) Existing Lighted Wind Cone And Segmented Circle �d 2'1 Rigid Steel Conduit Conduit Trenching Detail !t Nn_ (Tvn!-I _DrnnnemA IQ" UAA& A..in�inn 100 0 100 200Ft. 1001 NO ALTERATION PERMITTED HEREON EXCEPT AS PROVIDED UNDER SECTION 7209 SUBDIVISION 2 OF THE NEW YORK STATE EDUCATION LAW 0 :l�'tQl Existing REIL (Typ.) 24n' K PROPOSED RUNWAY GROOVING z PROPOSED RUNWAY a: GROOVING o 50' 11/20 (TYP.) (TYP.) I/4 (TYP.) " Qa w 1/4 " (TYP.) --•-� I-�— NOTE: GROOVES TO BE SAWED AT RIGHT ANGLE TO THE RUNWAY CENTERLINE. LRUNWAY EDGE OF PAVEMENT KM SECTION RUNWAY GROOVING DETAIL NOT TO SCALE NOT Ss L WHEN 5 OR MORE CABLES ARE PLACED IN A COMMON TRENCV.,THE C.:3LES SEALL DE INSTALLED USING 38 SPACING WITH COUNTERPOISE WIRE CENTER=-:) ABOVE. 2. THE CONTRACTOR SHALL PROVIDE ONE COUNTERPOISE WIRE OVER 1-5 CABLES, TWO COUNTERPOISE WIRES OVER 6-10 CABLES, THREE COUNTERPOISE WIRES INSTALL 6"WIDE PLASTIC WARNING FOR 11-15 CABLES. ETC. THE COUNTERPOISE WIRES SHALL BE PLACED TAPE IN ALL CABLE TRENCHES PROPORTIONATELY THROUGHOUT THE TRENCH. PRIOR TO PLACING TOPSOIL/— 3" TOPSOIL, SEED AND MULCH (TYP.) EXISTING GRADE, / SUITABLE BACKF COUNTERPOISE I NYSDOT ITEM 703-06 MATERIA CABLE (TYP. CABLE TRENCHING DETAIL T TO SCAR TURFED- AREAS' PAVED AREAS 1 SAWCUT PAVEMENT (TYPO r-0" i 1.♦ KEY TO EXISTING PAVEMENT 3" TOPSOIL, SEED AND MULCH (TYP.) - L51111 TACK COAT (TYP.) SUITABLE BACKFILL- i 3 ITEM P-603 I if 1.4 REMOVE EXISTING PAVEMENT AS SHOWN AND 1 REPLACE WITH NYSDOT ITEM 401, TYPE 6 tU TOP. MATCH DEPTH OF EXISTING PAVEMENT. ( M --_-- BACKFILL TRENCH WITH GRANULAR MATERIAL I CONFORMING TO NYSDOT ITEM 304,TYPE 4 NYSDOT ITEM 703-06 MATERIAL -- . I .++ OT Ss L THE CONTRACTOR' SHALL RESTORE TRENCHED An AREAS TO A tftITION EQUAL TO OR BETTER RIGID CONDUIT A, THAN THE ORIGIN#L SURFACE. (TYP.) 2. PABVIDE_WATwtT TERMINATION AT 3" 3" CONDUIT ENDS. SAW CUT EXISTING PAVEMENT PRIOR TO REMOVAL --, NYSDOT CONCRETE CLASS "A" L-823CONNECTOR PLUG PROPOSED L -661T FIXTURE WITH -WATT INCANDESCENT LAMP BREAKABLE COUPLING AND DISCONNItt PLUG L -86T CLASS L SIZE 13 k%HT BASE EXISTING PA TO BE REMOVED AND REPLACED WITH h � MATERIAL TO MATCH s EXISTING nyr. rwrir. L-830 TRANSFORMER .. 2"RIGID STEEL CONDUIT CO!'M COUNTERPOISE WITH EXOTHERMIC �Vc NO.i ANG SKV L -t24 E '�C" DIRECT BURIAL CABLE JVIDE WATERTIGHT MINATION TYPE I NOT TO SCALE. -B �K DA CC VI W EASE M%M_ SIGN .i 0� CONCRETE LIGHT UNIT' EXOTHERMIC CONNECTION UNDERGROUND CABLE it LINCHARGE OF: R.L. Peckham PE., M.F. Petranchuk DE BY M.J. OfOZ<tICKED BY; B.W. Clark, J.A. Sawmiller � H.H. SULLIVAN, INC. $44140 NOTES: I. ALL SIGNS SHALL BE DOUBLF SIF)ED. 2. THE MAXIMUM OVERALL MOUNTING HEIGHT IS AS FOLLOWS: -- -- /-� SIZE I : 30" SIZE 2' :36" SIZE 3 ; 42" z SIZE 4 .54" W v FRANGIBLE COUPtIN6 P• CHAMFER (I YPJ �, 1 ,• -dlu=leu mu= c� - NYSDOT 1-- CONCRETE CL ASS "A" END VIEW TAIL NOTESs L LETTERS SHALL BE APPROXIMATELY 4" HIGH x 3" WIDE x 1/4" DEEP WITH 1/2" STROKE WIDTH. 2. CONTRACTOR SHALL INDICATE NUMBER OF DUCTS ON DUCT BANK NUMBER. NYSOOT CONCRETE CLASS "A" r In CHAMFER TRENCH LINE NOTES: I. ALL STRIPES AND SPACES TO BE EOUAL WIDTH. 2. ALL MARKINGS 3' IN WIDTH OR GREATER SHALL BE STRIATED 4" MIN. 6" MAX. SPACL 6" MAX. STRIPE STRIATED MARKING DETAIL NOT TO SCALE Joint Sealing Filler ASTM D-3405 Proposed Pavement Bond Brea I1/2"I NOTES= I. Joint Construction Is Considered Incidental To This Contract And do Direct Payment Nill Be Made. JOINT SEALING DETAIL Not to Scale NO ALTERATION PERMITTED HEREON EXCEPT AS PROVIDED UNDER SECTION 7209 SUBDIVISION 2 OF THE NEW YORK STATE EDUCATION LAW NOTES: sting Or Proposed rement AN IDENTIFYING NUMBER TAG SHALL BE PLACED ON EACH ELEVATED LIGHT UNIT. THE TAG SHALL BE A. 2" DIA. DISK OF NON -CORROSIVE COPPER BASED METAL WITH NUMBERS PERMANENTLY STAMPED OR ETCHED. TAGS SHALL BE SECURELY ATTACHED TO THE LIGHT UNIT BY SET SCREW OR WIRE BAND. GHT UNIT NUMBER ENTIFICATION IDENTIFICATION TAG DETAIL NOT TO SCALE REVIVONS TOWN OF SOUTHOLD FISHERS ISLAND, NEW YORK ELIZABETH FIELD AIRPORT RUNWAY 7-25 AND 12-30 OVERLAY DETAILS , CCalocerinos & Spina v Engineers. RC DATE: SCALE: AS SHOWN FILE NO. 211.006 SHEET N0. -- FAA APPROVED L-858 GUIDANCE SIGN, I- 1/c NO.8 AVC SIZL 2, STYLE 2. CLASS I _, AV. L -824 / VARIES VtPE "C" CABLF 64RL COPPER Ci)UNTEPPOISL 'VVIRE VITH EXOTHERMIC CJNNLC T ION - i EXISTT GR RDE TYP. __- f� bn� c • • • c ► �� `� E 'TT' - r v n ♦ c - •6@ 12" • • PROVIDE L-8(67 CLASS WATERTIGHT LIGHT BASE TERMINATION-- 1-823 CONNECTOR �� 211RIGID STEEL -L-830 TRANSFORMER CONDUIT - - ----' RI BSE TYPE I NOT TO SCALE. -B �K DA CC VI W EASE M%M_ SIGN .i 0� CONCRETE LIGHT UNIT' EXOTHERMIC CONNECTION UNDERGROUND CABLE it LINCHARGE OF: R.L. Peckham PE., M.F. Petranchuk DE BY M.J. OfOZ<tICKED BY; B.W. Clark, J.A. Sawmiller � H.H. SULLIVAN, INC. $44140 NOTES: I. ALL SIGNS SHALL BE DOUBLF SIF)ED. 2. THE MAXIMUM OVERALL MOUNTING HEIGHT IS AS FOLLOWS: -- -- /-� SIZE I : 30" SIZE 2' :36" SIZE 3 ; 42" z SIZE 4 .54" W v FRANGIBLE COUPtIN6 P• CHAMFER (I YPJ �, 1 ,• -dlu=leu mu= c� - NYSDOT 1-- CONCRETE CL ASS "A" END VIEW TAIL NOTESs L LETTERS SHALL BE APPROXIMATELY 4" HIGH x 3" WIDE x 1/4" DEEP WITH 1/2" STROKE WIDTH. 2. CONTRACTOR SHALL INDICATE NUMBER OF DUCTS ON DUCT BANK NUMBER. NYSOOT CONCRETE CLASS "A" r In CHAMFER TRENCH LINE NOTES: I. ALL STRIPES AND SPACES TO BE EOUAL WIDTH. 2. ALL MARKINGS 3' IN WIDTH OR GREATER SHALL BE STRIATED 4" MIN. 6" MAX. SPACL 6" MAX. STRIPE STRIATED MARKING DETAIL NOT TO SCALE Joint Sealing Filler ASTM D-3405 Proposed Pavement Bond Brea I1/2"I NOTES= I. Joint Construction Is Considered Incidental To This Contract And do Direct Payment Nill Be Made. JOINT SEALING DETAIL Not to Scale NO ALTERATION PERMITTED HEREON EXCEPT AS PROVIDED UNDER SECTION 7209 SUBDIVISION 2 OF THE NEW YORK STATE EDUCATION LAW NOTES: sting Or Proposed rement AN IDENTIFYING NUMBER TAG SHALL BE PLACED ON EACH ELEVATED LIGHT UNIT. THE TAG SHALL BE A. 2" DIA. DISK OF NON -CORROSIVE COPPER BASED METAL WITH NUMBERS PERMANENTLY STAMPED OR ETCHED. TAGS SHALL BE SECURELY ATTACHED TO THE LIGHT UNIT BY SET SCREW OR WIRE BAND. GHT UNIT NUMBER ENTIFICATION IDENTIFICATION TAG DETAIL NOT TO SCALE REVIVONS TOWN OF SOUTHOLD FISHERS ISLAND, NEW YORK ELIZABETH FIELD AIRPORT RUNWAY 7-25 AND 12-30 OVERLAY DETAILS , CCalocerinos & Spina v Engineers. RC DATE: SCALE: AS SHOWN FILE NO. 211.006 SHEET N0.