HomeMy WebLinkAbout2018 On & Off Airport Obstruction Study ELIZABETH FIELD AIRPORT (0138)
FISHERS ISLAND
FY 2018
GRANT APPLICATION
f .a�
Max
ter, - � •
J
Town of Southold
Fishers Island Ferry District
On & Off Airport ��ofSO&
♦ � hO `O
Obstruction Studycn
00UNTI
PREPARED BY
ARP SOP No. 6.00 Effective Date: 10/1/2015
AIP Grant Application Checklist
AIRPORT NAME: Fishers Island Elizabeth Field Airport DATE: 6/29/2018
SYSTEM FOR AWARD MANAGEMENT(SAM) CAGE CODE#: 39TN9
SYSTEM FOR AWARD MANAGEMENT(SAM) EXPIRATION DATE: 09/12/2018
This checklist(and attached instructions)is a tool to assist a grantee(airport sponsor)in identifying the requirements and
considerations associated with preparing an Airport Improvement Program (AIP)grant application package for submittal
to the FAA.Airport sponsors should read and consider each of the items carefully. Some of the items can be answered
by simply checking the "Yes" and "No" boxes while others require providing additional information as part of
the airport's request for AIP funds.
Ref Yes No N/A Comments
Attached
1. Standard Form 424 (signed) ✓
2. Project Cost Breakdown (attached) ✓
3. Project Sketch (at the request of the ADO) ✓
4. Project Narrative (attached or within Form 5100-111101 Part Iv) ✓"
5 Form 5100-100 (parts II - IV) (airport development grants) ✓
Form 5100-101 (parts II - IV) (planning grants)
6. Bid Tabulations/Negotiated Amounts (attached orpreviously submitted to the ADO) ✓
7. Exhibit A (attached orpreviously submitted to the ADO) ✓
8. Title Certificate or Long Term Lease Agreement (at the request of the ADO) Y/
r y
OMB Number 4040-0004
Expiration Date 10/31/2019
Application for Federal Assistance SF-424
*1 Type of Submission *2 Type of Application *If Revision,select appropriate letter(s)
n Preapplication ®New
®Application ❑Continuation *Other(Specify)
❑ Changed/Corrected Application Revision
"3 Date Received 4 Applicant Identifier
oB8
5a.Federal Entity Identifier 5b Federal Award Identifier
3-36-0029- - 2018
State Use Only:
6 Date Received by State 7 State Application Identifier 0913.
8.APPLICANT INFORMATION:
*a Legal Name Town of Southold
*b Employer/Taxpayer Identification Number(EIN/TIN) *c.Organizational DUNS
11-6003307 1977363870000
d.Address:
*Street1• Town of Southold
Street2. Town Hall PO Box 1179
*City, Southold
County/Parish
*State NY: New York
Province
*Country USA: UNITED STATES
"Zip/Postal Code 11971-000
e.Organizational Unit:
Department Name Division Name
f.Name and contact information of person to be contacted on matters involving this application:
Prefix Mr. *First Name Gordon
Middle Name
*Last Name Murphy
Suffix
Title Manager
Organizational Affiliation
Fishers Island Ferry District
*Telephone Number 631-788-7463 Fax Number
*Email gmurphy@fiferry.com
� Y
Application for Federal Assistance SF-424
*9.Type of Applicant 1:Select Applicant Type:
D: Special District Government
Type of Applicant 2 Select Applicant Type
Type of Applicant 3 Select Applicant Type
*Other(specify)
*10.Name of Federal Agency:
Federal Aviation Adminitration
11.Catalog of Federal Domestic Assistance Number:
20.106
CFDA Title
*12.Funding Opportunity Number:
3-36-0029- - 2018
*Title.
On and Off Airport Obstruction Study
13.Competition Identification Number:
Title
On and Off Airport Obstruction Study
14.Areas Affected by Project(Cities,Counties,States,etc.):
Iv,.. is . .:
4 - obstruction plan.pdf Add;A#tacHinerit f:Delete,Attachmerit.' ;axViewAttachment
*15.Descriptive Title of Applicant's Project:
On and Off Airport Obstruction Study
Attach supporting documents as specified in agency instructions
i„ Add Attachments. Delete Attachments, V�w Attachments_
r �
Application for Federal Assistance SF-424
16.Congressional Districts Of:
*a.Applicant Ny 2 *b.Program/Project Ny 2
Attach an additional list of Program/Project Congressional Districts if needed.
Add Attachment- Delete Attachment View Attachment
17.Proposed Project:
.a Start Date 09/01/2018 *b.End Date, 03/01/2020
18.Estimated Funding($):
*a Federal 155,700.00
*b.Applicant 0.00
'c.State 8,650.001
*d Local 8,650.001
*e Other 0.00
*f. Program Income 0.00
*g TOTAL 173,000.00
*19.Is Application Subject to Review By State Under Executive Order 12372 Process?
® a.This application was made available to the State under the Executive Order 12372 Process for review on 01/30/2018
b.Program is subject to E.O. 12372 but has not been selected by the State for review.
❑ c.Program is not covered by E.O.12372.
*20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.)
❑Yes ®No
If"Yes",provide explanation and attach
Add Attachment k Delete Attachment j View Attachment
21.*By signing this application,I certify(1)to the statements contained in the list of certifications**and(2)that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to
comply with any resulting terms if 1 accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may
subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001)
® **I AGREE
**The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency
specific instructions.
Authorized Representative:
Prefix Mr. *First Name Scott
Middle Name. A.
*Last Name: Russell
Suffix
*Title Town Supervisor
*Telephone Number 631-765-1889 Fax Number 631-765-1823
*Email scott.russell@town.southold.ny.us
*Signature of Authorized Representative. *Date Signed
Project Cost Breakdown
Airport: Elizabeth Field Aiport
Project Description: On and Off Airport Obstruction Study
Construction or Engineering/
Brief Item Description Land Cost Land Incidental Admin. Cost Total Cost Federal Share Non-Federal
90% 10
On and Off Airport
Obstruction Study $168,500 $2,500 $171,000 $153,900 $17,100
IFE $2,000 $2,000 $1,800 $200
Totals $0 $168,500 $4,500 $173,0001 $155,700 $17,300
Administrative Cost Summary
On and Off Airport Obstruction Study
Project&Grant Administration*
No. of Hrs Hrly Rate Total
Gordon Murphy-Manager, FIFD 24 $50.00 $1,200.00
Diane Hansen, Admin Asst. 38 $30.00 $1,140.00
Postage $160.00 $160.00
Total $2,500.00
TOTAL: $2,500.00
* Project Administration Costs includes consultant and manufacturer coordination,
deliverable reviews and grant management.
US Department of Transportation OMB CONTROL NUMBER:2120-0569
Federal Aviation Administration EXPIRATION DATE: 8/31/2019
Application for Federal Assistance (Planning Projects)
Part II — Project Approval Information
Section A—Statutory Requirements
The term "Sponsor' refers to the applicant name as provided in box 8 of the associated SF-424 form.
Item 1
❑X Yes ❑No
Does Sponsor maintain an active registration in the System for Award Management
(www.SAM.gov)?
Item 2
❑X Yes ❑No ❑N/A
Can Sponsor commence the work identified in the application in the fiscal year the grant is
made or within six months after the grant is made,whichever is later?
Item 3
Are there any foreseeable events that would delay completion of the project?If yes, ❑Yes ❑X No ❑N/A
provide attachment to this form that lists the events.
Item 4
Is the project covered by another Federal assistance program?If yes, please identify other ❑Yes ❑X No ❑N/A
funding sources by the Catalog of Federal Domestic Assistance(CFDA)number.
CFDA:
Item 5
Will the requested Federal assistance include Sponsor indirect costs as described in 2 CFR ❑Yes Q No ❑N/A
Appendix VII to Part 200,States and Local Government and Indian Tribe Indirect Cost
Proposals?
If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate
the Sponsor proposes to apply:
❑ De Minimis rate of 10% as permitted by 2 CFR§200.414
❑Negotiated Rate equal to % as approved by (the Cognizant Agency)
on (Date) (2 CFR part 200, appendix VII)
Note:Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs.
FAA Form 5100-101 (4/16)SUPERSEDES PREVIOUS EDITION Page 1 of 4
Section B - Certification Regarding Lobbying
The declarations made on this page are under the signature of the authorized representative as identified in box 21 of
form SF-424, to which this form is attached. The term "Sponsor" refers to the applicant name provided in box 8 of the
associated SF-424 form.
The Authorized Representative certifies,to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions
(3)The Authorized Representative shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements)and that all subrecipients shall certify and disclose accordingly
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code.Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
FAA Form 5100-101 (4/16)SUPERSEDES PREVIOUS EDITION Page 2 of 4
13 r
Part III - Budget Information
Section A—Budget Summary
Federal New or Revised Budget
Grant Program Catalog No
(a) (o Federal Non-Federal Total
(c) (d) (e)
1.Airport Improvement Program 20-106 $ 155,700 $17,300 $173,000
2.
3.TOTALS $ 1 $ $
Section B—Budget Categories (All Grant Programs)
Airport Improvement Program Other Program
(1) (2)
4.Object Class Categories Amount Adjustment Amount Adjustment Total
+or(-)Amount +or(-)Amount
(Use only for (Use only for
revisions) revisions)
a.Administrative expense $ 4,500 $ $ $ $
b.Airport Planning 168,500
c. Environmental Planning
d. Noise Compatibility Planning
e.Subtotal
f. Program Income
g. TOTALS (line a minus line f) $ 173,000 $ $ $ $
Section C—Non-Federal Resources
Grant Program Applicant State Other Sources Total
(a) (b) (c) (d) (e)
5. $ 8,650 $ 8,650 $ $ 17,300
6.
7.TOTALS $ $ $ $
Section D—Forecasted Cash Needs
Source of funds Total for Project 1s`Year 2nd Year 3`d Year 4th Year
8. Federal $ 155,700 $ $ $ $
9. Non-Federal 17,300
10.TOTAL $ 173,000 $ $ $ $
Section E—Other Budget Information
11. Other Remarks: (attach sheets if necessary)
FAA Form 5100-101 (4/16)SUPERSEDES PREVIOUS EDITION Page 3 of 4
Part IV - Program Narrative
(Suggested Format)
PROJECT: On and Off Airport Obstruction Study
AIRPORT: Elizabeth Field Airport
1. Objective:
This project will include an airfield-wide study of the removal or mitigation of existing obstructions that may be penetrating the Part 77,
20:1 Approach and 7.1 Transitional surfaces,TSS and other applicable TERPS surfaces at all four Runway ends. Currently there are
various vegetative,turf, and man-made obstructions penetrating the 20.1 approach and 7:1 transitional surfaces ranging from 6
inches to 18 feet.Work under this phase will include a full AGIS survey in accordance with AC 150/5300-16B through 18B.
2. Benefits Anticipated:
Currently the airport is in non-compliance with FAR Part 77 20 1 Approach and 7 to 1 Transitional surfaces.. Removal or modification
of these obstructions is necessary to meet FAR Part 77 approach and transitional requirements, however a detailed obstruction
evaluation has not been performed at 0138, and therefore it is not feasible to determine the extent of the penetrations.The results of
the study will be used to identify current and anticipated obstructions and the required extent of removal
Removal or mitigation of the obstructions will increase the overall safety of operations at Elizabeth Field Airport
3.Approach: (See approved Scope of Work in Final Application)
4. Geographic Location:
Elizabeth Field Airport is located on the western side of Fisher's Island Fishers Island is located at the eastern end of Long Island Sound,2 miles offthe
southeastern coast of Connecticut
5. If Applicable, Provide Additional Information:
6. Sponsor's Representative: (include address&telephone number)
Scott Russell, Telephone: 631-765-1889, Email:scott russell@town.southold.ny.us
Address Town of Southold, PO Box 1179, Southold, New York 11971
FAA Form 5100-101 (4/16)SUPERSEDES PREVIOUS EDITION Page 4 of 4
U.S.Department of Transportation OMB CONTROL NUMBER. 2120-0569
Federal Aviation Administration EXPIRATION DATE:8/31/2019
Construction Project Final Acceptance
Airport Improvement Program Sponsor Certification
Sponsor: Town of Southold
Airport: Fishers Island Elizabeth Field Airport
Project Number: 3-36-0029- -2018
Description of Work: On and Off Airport Obstruction Study
Application
49 USC§47105(d), authorizes the Secretary to require me certification from the sponsor that it will
comply with the statutory and administrative requirements in carrying out a project under the Airport
Improvement Program. General standards for final acceptance and close out of federally funded
construction projects are in 2 CFR§200.343—Closeout and supplemented by FAA Order 5100.38. The
sponsor must determine that project costs are accurate and proper in accordance with specific
requirements of the grant agreement and contract documents.
Certification Statements
Except for certification statements below marked not applicable(N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgment and
confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate
time based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with
all applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. The personnel engaged in project administration, engineering supervision, project inspection, and
acceptance testing were or will be determined to be qualified and competent to perform the work
(Grant Assurance).
0 Yes ❑ No ❑N/A
2. Construction records, including daily logs, were or will be kept by the resident
engineer/construction inspector that fully document contractor's performance in complying with:
a. Technical standards(Advisory Circular(AC) 150/5370-12);
b. Contract requirements (2 CFR part 200 and FAA Order 5100.38); and
c. Construction safety and phasing plan measures (AC 150/5370-2).
❑Yes ❑ No Q N/A
3. All acceptance tests specified in the project specifications were or will be performed and
documented. (AC 150/5370-12).
❑Yes [:] No Q N/A
FAA Form 5100-129(1/17)SUPERSEDES PREVIOUS EDITION page 1 of 3
4. Sponsor has taken or will take appropriate corrective action for any test result outside of
allowable tolerances (AC 150/5370-12).
❑Yes ❑ No ❑X N/A
5. Pay reduction factors required by the specifications were applied or will be applied in computing
final payments with a summary made available to the FAA(AC 150/5370-10).
❑Yes ❑ No 0 N/A
6. Sponsor has notified, or will promptly notify the Federal Aviation Administration (FAA) of the
following occurrences:
a. Violations of any federal requirements set forth or included by reference in the contract
documents (2 CFR part 200);
b. Disputes or complaints concerning federal labor standards(29 CFR part 5); and
c. Violations of or complaints addressing conformance with Equal Employment Opportunity or
Disadvantaged Business Enterprise requirements (41 CFR Chapter 60 and 49 CFR part 26).
[—]Yes ❑ No 0 N/A
7. Weekly payroll records and statements of compliance were or will be submitted by the prime
contractor and reviewed by the sponsor for conformance with federal labor and civil rights
requirements as required by FAA and U.S. Department of Labor(29 CFR Part 5).
❑Yes ❑ No 0 N/A
8. Payments to the contractor were or will be made in conformance with federal requirements and
contract provisions using sponsor internal controls that include:
a. Retaining source documentation of payments and verifying contractor billing statements
against actual performance(2 CFR§200.302 and FAA Order 5100.38);
b. Prompt payment of subcontractors for satisfactory performance of work(49 CFR§26.29);
c. Release of applicable retainage upon satisfactory performance of work(49 CFR§26.29);
and
d. Verification that payments to DBEs represent work the DBE performed by carrying out a
commercially useful function (49 CFR§26.55).
❑Yes ❑ No ❑X N/A
9. A final project inspection was or will be conducted with representatives of the sponsor and the
contractor present that ensure:
a. Physical completion of project work in conformance with approved plans and specifications
(Order 5100.38);
b. Necessary actions to correct punch list items identified during final inspection are complete
(Order 5100.38); and
c. Preparation of a record of final inspection and distribution to parties to the contract
(Order 5100.38);
F]Yes ❑ No 0 N/A
10. The project was or will be accomplished without material deviations, changes, or modifications
from approved plans and specifications, except as approved by the FAA(Order 5100.38).
❑Yes ❑ No 0 N/A
FAA Form 5100-129(1/17)SUPERSEDES PREVIOUS EDITION page 2 of 3
11. The construction of all buildings have complied or will comply with the seismic construction
requirements of 49 CFR§41.120.
❑Yes ❑ No ❑X N/A
12. For development projects, sponsor has taken or will take the following close-out actions:
a. Submit to the FAA a final test and quality assurance report summarizing acceptance test
results, as applicable (Grant Condition);
b. Complete all environmental requirements as established within the project environmental
determination (Oder 5100.38); and
c. Prepare and retain as-built plans (Order 5100.38).
❑Yes ❑ No 0 N/A
13. Sponsor has revised or will revise their airport layout plan (ALP)that reflects improvements made
and has submitted or will submit an updated ALP to the FAA no later than 90 days from the
period of performance end date. (49 USC§47107 and Order 5100.38).
❑Yes ❑ No 0 N/A
Attach documentation clarifying any above item marked with "No" response.
Sponsor's Certification
I certify,for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
Executed on this day of 2018
Name of Sponsor: Town of Southold
Name of Sponsor's Authorized Official: Scott Russell
Title of Sponsor's Authorized Official: Town Supervisor
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC§ 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-129(1/17)SUPERSEDES PREVIOUS EDITION page 3 of 3
1 US Department of Transportation OMB CONTROL NUMBER:2120-0569
Federal Aviation Administration EXPIRATION DATE:8/31/2019
Selection of Consultants
Airport Improvement Program Sponsor Certification
Sponsor: Town of Southold
Airport: Fishers Island Elizabeth Field Airport
Project Number: 3-36-0029- -2018
Description of Work: On and Off Airport Obstruction Study
Application
49 USC §47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). General requirements for selection of consultant services within federal grant programs
are described in 2 CFR§§200.317-200.326. Sponsors may use other qualifications-based procedures
provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100=14,
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.
Certification Statements
Except for certification statements below marked as not applicable(N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate time
based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative
issues arising out of their procurement actions (2 CFR§200.318(k)).
❑p Yes ❑No ❑N/A
2. Sponsor procurement actions ensure or will ensure full and open competition that does not
unduly limit competition (2 CFR§200.319).
❑x Yes ❑No ❑N/A
3. Sponsor has excluded or will exclude any entity that develops or drafts specifications,
requirements, or statements of work associated with the development of a request-for-
qualifications (RFQ)from competing for the advertised services (2 CFR§200.319).
❑x Yes ❑No ❑N/A
FAA Form 5100-134(2/17)SUPERSEDES PREVIOUS EDITION Page 1 of 3
4. The advertisement describes or will describe specific project statements-of-work that provide
clear detail of required services without unduly restricting competition (2 CFR§200.319).
p Yes ❑No ❑N/A
5. Sponsor has publicized or will publicize a RFQ that:
a. Solicits an adequate number of qualified sources (2 CFR§200.320(d)); and
b. Identifies all evaluation criteria and relative importance (2 CFR§ 200.320(d)).
p Yes ❑No ❑N/A
6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged
business enterprise participation with price not being a selection factor(2 CFR§200.320(d)).
®Yes ❑No ❑N/A
7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to
individuals or firms suspended, debarred or otherwise excluded from participating in federally
assisted projects(2 CFR§180.300).
p Yes ❑No ❑N/A
8. A/E services covering multiple projects: Sponsor has agreed to or will agree to:
a. Refrain from initiating work covered by this procurement beyond five years from the date
of selection (AC 150/5100-14); and
b. Retain the right to conduct new procurement actions for projects identified or not
identified in the RFQ (AC 150/5100-14).
D Yes ❑No ❑N/A
9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as
most qualified for the services identified in the RFQ (2 CFR§200.323).
p Yes ❑No ❑N/A
10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately
from costs associated with eligible work(2 CFR§200.302).
p Yes ❑No ❑N/A
11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the
procurement action, rationale for contract type and basis for contract fees (2 CFR§200.318(i)).
p Yes ❑No ❑N/A
12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant
contract for AIP-assisted'work(49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix ll)
0 Yes ❑No ❑ N/A
FAA Form 5100-134(2/17)SUPERSEDES PREVIOUS EDITION Page 2 of 3
13. For contracts that apply a time-and-material payment provision (also known as hourly rates,
specific rates of compensation, and labor rates), the Sponsor has established or will establish:
a. Justification that there is no other suitable contract method for the services (2 CFR
§200.3180));
b. A ceiling price that the consultant exceeds at their risk (2 CFR§200.3180)); and
c. A high degree of oversight that assures consultant is performing work in an efficient
manner with effective cost controls in place 2 CFR§200.3180)).
❑x Yes ❑No ❑N/A
14. Sponsor is not using or will not use the prohibited cost-plus-percentage-of-cost(CPPC) contract
method. (2 CFR§200.323(d)).
❑x Yes ❑No ❑N/A
Attach documentation clarifying any above item marked with "no" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements)and could subject me to fines, imprisonment, or both.
Executed on this . , day of 2018
�
Name of Sponsor: Town of Southold
Name of Sponsor's Authorized Official: Scott Russell
Title of Sponsor's Authorized Official: Town Supervisor
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements)and could subject me to fines, imprisonment, or both.
FAA Form 5100-134(2/17)SUPERSEDES PREVIOUS EDITION Page 3 of 3
US Department of Transportation OMB CONTROL NUMBER:2120-0569
Federal Aviation Administration EXPIRATION DATE: 8/31/2019
Certification and Disclosure Regarding Potential Conflicts of Interest
Airport Improvement Program Sponsor Certification
Sponsor: Town of Southold
Airport: Fishers Island Elizabeth Field Airport
Project Number: 3-36-0029- -2018
Description of Work: On and Off Airport Obstruction Study
Application
Title 2 CFR§200.112 and § 1201.112 address Federal Aviation Administration (FAA) requirements for
conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors
must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following
have a financial or other interest in the firm selected for award:
a) The employee, officer or agent,
b) Any member of his immediate family,
c) His or her partner, or
d) An organization which employs, or is about to employ, any of the above.
Selecting "Yes" represents sponsor or sub-recipient acknowledgement and confirmation of the
certification statement. Selecting "No" represents sponsor or sub-recipient disclosure that it cannot fully
comply with the certification statement. If"No" is selected, provide support information explaining the
negative response as an attachment to this form. This includes whether the sponsor has established
standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR§
200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification
statement focus area, but no later than the end of the project period of performance.
Certification Statements
1. The sponsor or sub-recipient maintains a written standards of conduct governing conflict of
interest and the performance of their employees engaged in the award and administration of
contracts (2 CFR§200.318(c)). To the extent permitted by state or local law or regulations, such
standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of
such standards by the sponsor's and sub-recipient's officers, employees, or agents, or by
contractors or their agents.
❑x Yes ❑ No
FAA Form 5100-135(2/17)SUPERSEDES PREVIOUS EDITION Page 1 of 2
2. The sponsor's or sub-recipient's officers, employees or agents have not and will not solicit or
accept gratuities,favors or anything of monetary value from contractors, potential contractors, or
parties to sub-agreements (2 CFR§200.318(c)).
0 Yes ❑ No
3. The sponsor or sub-recipient certifies that is has disclosed and will disclose to the FAA any
known potential conflict of interest(2 CFR§ 1200.112).
N Yes ❑ No
Attach documentation clarifying any above item marked with "no" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
have the explanation for any item marked "no" is correct and complete.
Executed on this�pJA day of Z-1 , 2018
Name of Sponsor: Town of Southold
Name of Sponsor's Authorized Official: Scott Russell
Title of Sponsor's Authorized Official: Town Supervisor
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements)and could subject me to fines, imprisonment, or both.
FAA Form 5100-135(2/17)SUPERSEDES PREVIOUS EDITION Page 2 of 2
U.S Department of Transportation OMB CONTROL NUMBER:2120-0569
•/ Federal Aviation Administration EXPIRATION DATE:8/31/2019
Drug-Free Workplace
Airport Improvement Program Sponsor Certification
Sponsor: Town of Southold
Airport: Fishers Island Elizabeth Field Airport
Project Number: 3-36-0029- -2018
Description of Work: On and Off Airport Obstruction Study
Application
49 USC§47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). General requirements on the drug-free workplace within federal grant programs are
described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a
drug-free workplace in accordance with the regulation. The AIP project grant agreement contains specific
assurances on the Drug-Free Workplace Act of 1988.
Certification Statements
Except for certification statements below marked as not applicable(N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time
based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. A statement has been or will be published prior to commencement of project notifying 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 to be taken against
employees for violation of such prohibition (2 CFR§ 182.205).
❑x Yes ❑ No ❑ N/A
2. An ongoing drug-free awareness program (2 CFR§ 182.215) has been or will be established
prior to commencement of project to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The sponsor's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace.
❑x Yes ❑ No ❑ N/A
FAA Form 5100-130(1/17)SUPERSEDES PREVIOUS EDITION Page 1 of 3
3. Each employee to be engaged in the performance of the work has been or will be given a copy of
the statement required within item 1 above prior to commencement of project(2 CFR§ 182.210).
0 Yes [] No ❑ N/A
4. Employees have been or will be notified in the statement required by item 1 above that, as a
condition employment under the grant(2 CFR§ 182.205(c)), the employee will:
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction.
p Yes ❑ No ❑ N/A
5. The Federal Aviation Administration (FAA)will be notified in writing within 10 calendar days after
receiving notice under item 4b above from an employee or otherwise receiving actual notice of
such conviction (2 CFR§ 182.225). Employers of convicted employees must provide notice,
including position title of the employee, to the FAA(2 CFR§ 182.300).
p Yes ❑ No ❑ N/A
6. One of the following actions (2 CFR§ 182.225(b))will be taken within 30 calendar days of
receiving a notice under item 4b above with respect to any employee who is so convicted:
a. Take appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; and
b. Require such employee to participate satisfactorily in drug abuse assistance or
rehabilitation programs approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency.
p Yes ❑ No ❑ N/A
7. A good faith effort will be made, on a continuous basis, to maintain a drug-free workplace through
implementation of items 1 through 6 above (2 CFR§ 182.200).
p Yes ❑ No ❑ N/A
Site(s) of performance of work(2 CFR§ 182.230):
Location 1
Name of Location: Elizabeth Field Airport
Address: 500 Airport Road, Fishers Island, NY 06390
Location 2(if applicable)
Name of Location:
Address:
Location 3 (if applicable)
Name of Location:
Address:
FAA Form 5100-130(1/17)SUPERSEDES PREVIOUS EDITION Page 2 of 3
Attach documentation clarifying any above item marked with a "No" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
Executed on this day of kj 2018
Name of Sponsor: Town of Southold
Name of Sponsor's Authorized Official: Scott Russell
Title of Sponsor's Authorized Official: Town Supervisor
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC§ 1001 (False
Statements)and could subject me to fines, imprisonment, or both.
FAA Form 5100-130(1/17)SUPERSEDES PREVIOUS EDITION Page 3 of 3
�1 U.S Department of Transportation OMB CONTROL NUMBER:2120-0569
Federal Aviation Administration EXPIRATION DATE' 8/31/2019
Project Plans and Specifications
Airport Improvement Program Sponsor Certification
Sponsor: Town of Southold
Airport: Fishers Island Elizabeth Field Airport
Project Number: 3-36-0029- -2018
Description of Work: On and Off Airport Obstruction Study
Application
49 USC §47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of
Labor(www.dol.gov/). AIP Grant Assurance C.1—General Federal Requirements identifies applicable
federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under
AIP. A list of current advisory circulars with specific standards for procurement, design or construction of
airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant
Assurance 34 contained in the grant agreement.
Certification Statements
Except for certification statements below marked as not applicable(N/A),this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate
time based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. The plans and specifications were or will be prepared in accordance with applicable federal
standards and requirements, so that no deviation or modification to standards set forth in the
advisory circulars, or FAA-accepted state standard, is necessary other than those explicitly
approved by the Federal Aviation Administration (FAA) (14 USC§47105).
p Yes ❑ No ❑N/A
2. Specifications incorporate or will incorporate a clear and accurate description of the technical
requirement for the material or product that does not contain limiting or proprietary features that
unduly restrict competition (2 CFR§200.319).
❑Yes ❑ No ❑x N/A
FAA Form 5100-132(1/17)SUPERSEDES PREVIOUS EDITION Page 1 of 3
3. The development that is included or will be included in the plans is depicted on the current airport
layout plan as approved by the FAA(14 USC§47107).
0 Yes ❑ No ❑ N/A
4. Development and features that are ineligible or unallowable for AIP funding have been or will be
omitted from the plans and specifications (FAA Order 5100.38, par. 3-43).
❑ Yes ❑ No 0 N/A
5. The specification does not use or will not use"brand name" or equal to convey requirements
-unless sponsor requests and receives approval from the FAA to use brand name (FAA Order
5100.38, Table U-5).
❑ Yes ❑ No 0 N/A
6. The specification does not impose or will not impose geographical preference in their
procurement requirements(2 CFR§200.319(b) and FAA Order 5100.38, Table U-5).
❑ Yes ❑ No ❑x N/A
7. The use of prequalified lists of individuals, firms or products include or will include sufficient
qualified sources that ensure open and free competition and that does not preclude potential
entities from qualifying during the solicitation period (2 CFR§319(d)).
❑ Yes ❑ No 0 N/A
8. Solicitations with bid alternates include or will include explicit information that establish a basis for
award of contract that is free of arbitrary decisions by the sponsor(2 CFR§200.319(a)(7)).
❑ Yes ❑ No 0 N/A
9. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering
clause into the contract(FAA Order 5100.38, par. 3-57).
❑ Yes ❑ No 0 N/A
10. The plans and specifications incorporate or will incorporate applicable requirements and
recommendations set forth in the federally approved environmental finding (49 USC§47106(c)).
❑x Yes ❑ No ❑ N/A
11. The design of all buildings comply or will comply with the seismic design requirements of 49 CFR
§41.120. (FAA Order 5100.38d, par. 3-92)
❑ Yes ❑ No 0 N/A
12. The project specification include or will include process control and acceptance tests required for
the project by as per the applicable standard:
a. Construction and installation as contained in Advisory Circular(AC) 150/5370-10.
❑Yes ❑ No 0 N/A
FAA Form 5100-132(1/17)SUPERSEDES PREVIOUS EDITION Page 2 of 3
b. Snow Removal Equipment as contained in AC 150/5220-20.
❑Yes ❑ No p N/A
c. Aircraft Rescue and Fire Fighting (ARFF)vehicles as contained in AC 150/5220-10.
[]Yes ❑ No p N/A
13. For construction activities within or near aircraft operational areas(AOA):
a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming
to Advisory Circular 150/5370-2.
b. Compliance with CSPP safety provisions has been or will be incorporated into the plans
and specifications as a contractor requirement.
c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order
5100.38, Par. 5-29).
❑ Yes ❑ No p N/A
14. The project was or will be physically completed without federal participation in costs due to errors
and omissions in the plans and specifications that were foreseeable at the time of project design
(49 USC§47110(b)(1)and FAA Order 5100.38d, par. 3-100).
❑ Yes ❑ No 0 N/A
Attach documentation clarifying any above item marked with "No" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
Executed on this 6t day of T f 2018
Name of Sponsor: Town of Southold
Name of Sponsor's Authorized Official: Scott Russell
Title of Sponsor's Authorized Official: Town Supervisor
Signature of Sponsor's Authorized Official:
1 declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and 1
willfully providing false information to the federal government is a violation of 18 USC§ 1001 (False `
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-132(1/17)SUPERSEDES PREVIOUS EDITION Page 3 of 3
�1 U.S.Department of Transportation OMB CONTROL NUMBER:2120-0569
Federal Aviation Administration EXPIRATION DATE: 8/31/2019
Equipment and Construction Contracts
Airport Improvement Sponsor Certification
Sponsor: Town of Southold
Airport: Fishers Island Elizabeth Field Airport
Project Number: 3-36-0029- -2018
Description of Work: On and Off Airport Obstruction Study
Application
49 USC §47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). General procurement standards for equipment and construction contracts within Federal
grant programs are described in 2 CFR§§200.317-200.326. Labor and Civil Rights Standards
applicable to the AIP are established by the Department of Labor(www.dol.gov)AIP Grant Assurance
C.1—General Federal Requirements identifies all applicable Federal Laws, regulations, executive orders,
policies, guidelines and requirements for assistance under the AIP. Sponsors may use state and local
procedures provided the procurement conforms to these federal standards.
This certification applies to all equipment and construction projects. Equipment projects may or may not
employ laborers and mechanics that qualify the project as a "covered contract" under requirements
established by the Department of Labor requirements. Sponsor shall provide appropriate responses to
the certification statements that reflect the character of the project regardless of whether the contract is
for a construction project or an equipment project.
Certification Statements
Except for certification statements below marked as not applicable(N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate
time based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. A written code or standard of conduct is or will be in effect prior to commencement of the project
that governs the performance of the sponsor's officers, employees, or agents in soliciting,
awarding and administering procurement contracts (2 CFR§200.318).
❑x Yes ❑ No ❑ N/A
FAA Form 5100-131 (1/17)SUPERSEDES PREVIOUS EDITION Page 1 of 4
2. For all contracts, qualified and competent personnel are or will be engaged to perform contract
administration, engineering supervision, construction inspection, and testing
(Grant Assurance C.17).
❑x Yes ❑ No ❑ N/A
3. Sponsors that are required to have a Disadvantage Business Enterprise (DBE) program on file
with the FAA have included or will include clauses required by Title VI of the Civil Rights Act and
49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts.
❑ Yes [] No ❑x N/A
4. Sponsors required to have a DBE program on file with the FAA have implemented or will
implement monitoring and enforcement measures that:
a. Ensure work committed to Disadvantaged Business Enterprises at contract award is
actually performed by the named DBEs (49 CFR§26.37(b));
b. Include written certification that the sponsor has reviewed contract records and has
monitored work sites for performance by DBE firms (49 CFR§26.37(b)); and
c. Provides for a running tally of payments made to DBE firms and a means for comparing
actual attainments (i.e. payments)to original commitments (49 CFR§26.37(c)).
❑ Yes ❑ No ❑x N/A
5. Sponsor procurement actions using the competitive sealed bid method (2 CFR§200.320(c)).was
or will be:
a. Publicly advertised, allowing a sufficient response time to solicit an adequate number of
interested contractors or vendors;
b. Prepared to include a complete, adequate and realistic specification that defines the
items or services in sufficient detail to allow prospective bidders to respond;
c. Publicly opened at a time and place prescribed in the invitation for bids; and
d. Prepared in a manner that result in a firm fixed price contract award to the lowest
responsive and responsible bidder.
❑ Yes ❑ No 59 N/A
6. For projects the Sponsor proposes to use the competitive proposal procurement method (2 CFR§
200.320(d)), Sponsor has requested or will request FAA approval prior to proceeding with a
competitive proposal procurement by submitting to the FAA the following:
a. Written justification that supports use of competitive proposal method in lieu of the
preferred sealed bid procurement method;
b. Plan for publicizing and soliciting an adequate number of qualified sources; and
c. Listing of evaluation factors along with relative importance of the factors.
❑Yes ❑ No ❑x N/A
7. For construction and equipment installation projects, the bid solicitation includes or will include the
current federal wage rate schedule(s)for the appropriate type of work classifications (2 CFR Part
200, Appendix II).
❑Yes ❑ No ❑x N/A
FAA Form 5100-131 (1/17)SUPERSEDES PREVIOUS EDITION Page 2 of 4
8. Concurrence was or will be obtained from the Federal Aviation Administration (FAA) prior to
contract award under any of the following circumstances (Order 5100.38D):
a. Only one qualified person/firm submits a responsive bid;
b. Award is to be made to other than the lowest responsible bidder; and
c. Life cycle costing is a factor in selecting the lowest responsive bidder.
❑ Yes ❑ No 0 N/A
9. All construction and equipment installation contracts contain or will contain provisions for:
a. Access to Records(§ 200.336)
b. Buy American Preferences (Title 49 U.S.C. § 50101)
c. Civil Rights-General Provisions and Title VI Assurances(41 CFR part 60)
d. Federal Fair Labor Standards (29 U.S.C. §201, et seq)
e. Occupational Safety and Health Act requirements (20 CFR part 1920)
f. Seismic Safety—building construction (49 CFR part 41)
g. State Energy Conservation Requirements-as applicable(2 CFR part 200, Appendix II)
h. U.S. Trade Restriction (49 CFR part 30)
i. Veterans Preference (49 USC§47112(c))
❑ Yes ❑ No 0 N/A
10. All construction and equipment installation contracts exceeding $2,000 contain or will contain the
provisions established by:
a. Davis-Bacon and Related Acts (29 CFR part 5)
b. Copeland"Anti-Kickback"Act(29 CFR parts 3 and 5)
❑ Yes ❑ No 0 N/A
11. All construction and equipment installation contracts exceeding $3,000 contain or will contain a
contract provision that discourages distracted driving (E.O. 13513).
❑ Yes ❑ No 0 N/A
12. All contracts exceeding $10,000 contain or will contain the following provisions as applicable:
a. Construction and equipment installation projects-Applicable clauses from
41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal
Employment Opportunity;
b. Construction and equipment installation -Contract Clause prohibiting segregated facilities
in accordance with 41 CFR part 60-1.8;
c Requirement to maximize use of products containing recovered materials in accordance
with 2 CFR§200.322 and 40 CFR part 247; and
d. Provisions that address termination for cause and termination for convenience
(2 CFR Part 200, Appendix II).
❑ Yes ❑ No l7 N/A
FAA Form 5100-131 (1/17)SUPERSEDES PREVIOUS EDITION Page 3 of 4
13. All contracts and subcontracts exceeding $25,000: Measures are in place or will be in place (e.g.
checking the System for Award Management)that ensure contracts and subcontracts are not
awarded to individuals or firms suspended, debarred, or excluded from participating in federally
assisted projects(2 CFR parts 180 and 1200).
❑ Yes ❑ No 0 N/A
14. Contracts exceeding the simplified acquisition threshold (currently$150,000) include or will include
provisions, as applicable, that address the following:
a. Construction and equipment installation contracts-a bid guarantee of 5%, a performance
bond of 100%, and a payment bond of 100% (2 CFR§200.325);
b. Construction and equipment installation contracts-requirements of the Contract Work
Hours and Safety Standards Act(40 USC 3701-3708, Sections 103 and 107);
c. Restrictions on Lobbying and Influencing (2 CFR part 200,Appendix II);
d. Conditions specifying administrative, contractual and legal remedies for instances where
contractor of vendor violate or breach the terms and conditions of the contract (2 CFR
§200, Appendix II); and
e. All Contracts-Applicable standards and requirements issued under Section 306 of the
Clean Air Act(42 USC 7401-7671q), Section 508 of the Clean Water Act(33 USC 1251-
1387, and Executive Order 11738.
❑Yes ❑ No p N/A
Attach documentation clarifying any above item marked with "No"response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
Executed on this V111 day of 1 2018
Name of Sponsor: Town of Southold
Name of Sponsor's Authorized Official: Scott Russell
Title of Sponsor's Authorized Official- Town Supervisor
Signature of Sponsor's Authorized Official: ..45:ez�
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements)and could subject me to fines, imprisonment, or both.
FAA Form 5100-131 (1/17)SUPERSEDES PREVIOUS EDITION Page 4 of 4
1 2 3 4
I
NBRT„'c �F`���T��' HOPaONTALSURFACE xP,WNI0AL5ERFAEE ..
I I
� ? •,I /'/ f � '' - I i Z 71 TRAusmouALsuRFKE APPRoneN suRFKE rigs aplEe119ee�Eeomiv elw
S I ' W AnN=95R ` '�' .,• •• \ ' E( i �� Fxxw o6'm 86
z0 1 SLOPE
•� aPv;�\,�Y
OIasTRU-ON TABLE _�, ,t0 ._� _�-.__...�.,�.__. __-_ t_ w_ a ,i•^Pot..�_1. I. ti,f-I. ® �
anns.nac.:M-1 uA
Part>lA a ,,T I , :`�,<�w`.Yap aN_Y-v,a4- �.HnwMq Na f,�t'.. •
r��+ Point
P.Nk
RENWAY
n;�a°n isle :o; :ra..,o°n,.T Na6Pn 'L. �......T _c a•,
? :�t` y. Sd, s
Pv N.—, G¢erl AT on ae Eleva n Penaba,lPn 3unaeo PreYtl° �'�� - S , ///PRIMARY suRFKE
ansa 93 A «a t LL: ` c8 19 y <J West ` j .°I
WIi9N5 113` 33 A Im=, I /v 1 itr_'.n . .tpAa• t 'w�� �' Harbor .}yy (RUNWAY
1 302 cemaraer 27
!j f Pullera f t
3g5 blNsn area sA w A none a6aen r- /� 7 `�
Pn to.m nanPN _____,,._ a t,:. err "I I_��' /151and 1 e ,..._•r-'t\�,t. _` FAR PART 77 SURFACES a
I ... ond'^'yi I'g,
P.P.
nnn�n nsmn.'zoi Tr.�NUPna sro P>,P° —_. -R-q�•-.�i` _ G -' a"fie.•
n k an lre ,e5 m A I I 1^" ^ ".2 _rt16 •i 634
ti... 4'�r'tt."'44-��, ti _._;i✓..,-..} �t�_G.' f'f' . -
mtlo. n a a°9 ° ',\ rte,{^,,t/ar♦�irj; ti�ii�tl%, "•S=-'�•`'.: S:'eJt 1D rGy _._ -
S%�. ` r.1. ry•-,d,. ;.., {f oee �a y %J I
mb pp E,.Y ua 1�;!{t .. . ,'"�•ti;,•, -!. ,' e
Nu72
0r clump MPNagmnea tl 198 tin 91 Ad remove TERLIMRe OF. �, t +•! T•_ _!ii., g'n'4 'J•`•`i" 1� j Gr7 u "T
RUNWAYPROTECTON20NE (y r4'/+!� 4• yt _I -^• .,I' /d.Y J
,� Iree i9Y aT A rem t PWRARY SURFACE .� Y•'!`f.-`19,l\, �~'"•• e
�, RUNWAYvreoTEcnOLPVBTS°NzONE il' F"b t )v 1�?b IS��` - �5•:' y :Y;� �p`.U''J„'a,.,�?'y Ta,A!' 4 4�- r+ /•
74 gmwalreea pn wn.-d Sao 101 A rem I � S11cPr fi�!'G I;en' Bu. _„t+_ -�,'CNC''r��`:�-� N, Y` - t'�'✓-'" �' _ '(�j! �'
75 cbeny,a 039' ,64 Trem Ut CUASI'CI;ANU 1 •:`db } .''' A�'• H S G011 \�' ', � ;T• {`��•_..=�
Z1r.. ry
TIO SLOPE
RPKE ]5
7a eNan 33a 1ze T ]' ' '/tK; 4`'� ;�J'j��~ �4],r,Y '- - '.L_��.f�.<-'rq;ir["1'�.7�'s"�� "+"a'•�t5� � �•' �9'n �m3
77 busM1 2A T 11 T
a�w �_ �._ I •'1""`a _�.�3•"dc_ + z _ - m,APPROKNsoP�.
77nnNn nsm°. 'riup --- ,. _ ,2t a.5. � � _ . - �r rh,t:�;.'/��_;�Jii;`#� I,•,,- �c
n 2a,xa sl o v.nn PmPpaae ( ^;I
P.TA
DpmrlPaon zO nalTop ElevatiwnnaPPneUaYon sonata Action { 12-1 v� 24BAx1I3
2S, IOP 9NI 214 7 a T n«e 1 i i•,zm0z••j3^-.'"��y ' tEll
Roii�� SO
252 imkad lwrerremamasrelP ane Tra nal lTe T n«e '1LJBa 1 J 1361 '6L _E uNO-•��-� +�~ l Fqry�2o
ona1310'e 1T 10 Pn n Sunaco PfOP0H0tl I 20,APPRO7a
O ACN SLOPE }`- �I a 1]261 f2M9•�`t] e 12�1l0.°11 - -_ I I FO
0, Lg'Ptlal"m T 5e P m r .-E.LnrsoF
AU WAYPROTETONiONE 101 lree P 1
BNSBPE ! ' n a
121302S. t3 51 P
IiE
1 p«, Iever _ I I 1 i
2M3 cM1emr clump 10a mmne � I I
12]W sA ane small enreba 11 93 P remove I ( TI—PE
OL .—ENWLEFERLITON ` I 1•
-^--- _ ZONE
gwptlllreea 251 174 P remp�e - 201aP'OKNSLOPE� o
o
rggl1l 95 3 P none !t(
B 121307 woe—.1,pale 2e 2,5 T last IR 1 __-_- } p o
12']08 make
5 Z
o d
,2305 sane eons 3901tlng ,5f e6 P nonHOR6ONTAL SURFAOE I I LL N Z
12/309 beml 79 o
2. P remove 1) { I F g
1213010 owtlnaeaYa6SUI«g „B 66 P eI
d l o
123011 maMer light 129' ]T P el«al f� i i � ) i W LL
12130.12 IEns-1.751on9 103 51 P el«m 1
1&30.13 am tlwevnlb PAra '- 54 02 P
� 1W30.14 sane sone a 20 P remove � M1 I F _._._...___-.��_�-»._•--•---. �._.�._.,-.._�:�_ �_-..._..— I�-.�.-.....--•--'".._.-.,.._� ¢ OQ
s Runwi IT
1 7 ry(Pl anen aI RI
gn�Tran Pnal SlPpe 7 Pnma { Z
9 an rt Pmpa�e I
Number
°nM1 En l
n2sz I«k ane mn bean E311 31 sNT°a pre I I f GENERAL NOTES
32 T remove - i , AU EYATorvs sl,OWNIN FEETABovE NFxt sEatEVEL. 5 d
7125a mage bep A2T I EL
i _ p L)0A I— IwbN'lam9r«IPeak 26T sr r el«ale I ' ( 3 SEESNEETs5AN06FOR0EPAI—IN 9FEEr } V
( I OF BLo3E W 00�R0En0N0 5
ICIN.SORFKE ( R 01---AND a F
71255 uelilY Pde 49 tt T IeNuy I UVIER2ELE115�0 EN-.1 I OasniUCTON3IN NO y
>/258 maple Vee 63T 11 T T remove ��� _- y i� '' 5 Rl IBR.SURFAOEou,NO—TO EONFKIS NOPROPOSEO ORDS I—IO H I.a..m
_ 21 T —{_.«_-...�.__�__.__�.._ Q
]159 cmcrele enae 128' 16 T el«a, � I i ^4_�-T-�_^�-Y ON UATA TABLE
PLAN
R ]I2S9 been it 24 P remove i } S—a,Oar SHEETREFERENLENO
7/2510 cpnaele Mva 11T 26 P rel«ale j3 1 i i ,WO0 1000 200017 4
SHEET A OF 6
1 2 II 13 q cppvn9mm
- ---- -- - - - - - - - - -- -
4
i
I
i
January 31, 2018
Sarah Lansdale, Director
Suffolk County Planning Department
H Lee Dennison Bldg. 11th Floor
100 Veterans Memorial Highway
P.O. Box 6100
Hauppauge, New York 11788-0099
Re: Elizabeth Field Airport— Fisher's Island
FY 2018 Pre-Applications
Federal Catalog No. 20-106
File: 211
Enclosed please find the following:
One copy each of the Grant Pre-Applications, Airport Project Schedule, Form 424, Form
5100- 100, project description and justification, cost break down, and project sketch for your
review and clearance for the following project:
• Rehabilitate Electrical Building
• Airport Wide Obstruction Evaluation (Survey & Analysis)
Airport Entrance Road Improvements
Remarks
If you have any questions or need additional information, please do not hesitate to contact us.
Very truly yours,
C&S ENGINEERS, INC.
Tracey L. Marks
Grants Administrator
TLM
Enclosures
cc: William Duffy
Scott Russell
Gordon Murphy
COST PLUS FIXED FEE
CONSULTANT AGREEMENT
FOR
THE
ON AND OFF AIRPORT OBSTRUCTION STUDY
AT
ELIZABETH FIELD AIRPORT
FISHERS ISLAND
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
FAA AIP NO. 3-36-0029- -2018
NYSDOT NO. 0913.
oE sours°lo
lk
oourm,�
TABLE OF CONTENTS
ARTICLES PAGE
ARTICLE 1—DESCRIPTION OF SERVICES TO BE PERFORMED.......................................................................1
ARTICLE 2-PROVISION FOR PAYMENT—TIME FOR PERFORMANCE...........................................................1
ARTICLE 3—STANDARD OF CARE,STANDARD PRACTICES,AND REQUIREMENTS.......................................3
ARTICLE 4—ENTIRE AGREEMENT................................................................................................................3
ARTICLE 5—TAXES,ROYALTIES,AND EXPENSES........................................................................................3
ARTICLE 6—CONSULTANT LIABILITY..........................................................................................................3
ARTICLE 7—LABOR LAW REQUIREMENTS...................................................................................................4
ARTICLE 8—NONDISCRIMINATION PROVISIONS..........................................................................................4
ARTICLE 9—WORKER'S COMPENSATION AND LIABILITY INSURANCE........................................................4
ARTICLE 10—ASSIGNMENT REQUIREMENTS ...............................................................................................5
ARTICLE 11—ADDITIONAL SERVICES..........................................................................................................6
ARTICLE 12—ABANDONMENT OR AMENDMENT OF PROJECT AND TERMINATION......................................6
ARTICLE 13—SUSPENSION OF SERVICES......................................................................................................7
ARTICLE14—INTERCHANGE OF DATA.........................................................................................................8
ARTICLE 15DISPOSITION OF PROJECT DOCUMENTS.................................................................................8
ARTICLE 16—CODE OF ETHICS ....................................................................................................................8
ARTICLE 17—INDEPENDENT CONTRACTOR.................................................................................................8
ARTICLE 18 PATENT RIGHTS AND COPYRIGHTS........................................................................................8
ARTICLE 19—NEW YORK STATE PARTICIPATION........................................................................................9
ARTICLE 19—NEW YORK STATE PARTICIPATION........................................................................................9
ARTICLE 20—FEDERAL PARTICIPATION.......................................................................................................9
ARTICLE 21MISCELLANEOUS....................................................................................................................9
ARTICLE 22—SUBCONSULTANTS/SUBCONTRACTORS AND VENDORS.......................................................10
ARTICLE 23—FORCE MAJEURE................................................................................................................10
ARTICLE 24—DISPUTE RESOLUTION........................................................................................................10
SCHEDULE A—SCOPE OF SERVICES...................................................................................A-1 to A-11
SCHEDULE B—COST SUMMARY AND FEE SCHEDULE....................................................B-1 to B-2
SCHEDULE C—AGREED OVERHEAD...............................................................................................C-1
SCHEDULED— [INTENTIONALLY OMITTED]................................................................................D-1
SCHEDULE E—RESOLUTION ............................................................................................................. E-1
SCHEDULE F—OUTLINE FOR ENGINEER'S REPORT..........................................................F-1 to F-3
SCHEDULE G—CERTIFICATION OF CONSULTANT ......................................................................G-1
SCHEDULE H—AIRPORT AID PROGRAM.............................................................................H-1 to H-7
SCHEDULE I—NEW YORK STATE DOT REQUIREMENTS....................................................I-1 to I-5
G\Group\Aviahon\GRANTS\FAAAIP\21I\ml8 Airport-Wide Obstruction Evaluation(Survey&Analysis)\Grant Apphcation\Design Agreement\Design-CPFF doe 09/11
COST PLUS FIXED FEE CONSULTANT AGREEMENT
FOR
PROJECT: On and Off Airport Obstruction Study
Elizabeth Field Airport—Town of Southold
Term: August 1,2018 to December 31,2020
This Agreement, made effective this day of , 2018, is by and between the
Town of Southold, New York, municipal corporation having an address at P.O. Box 1179, Southold,New
York, 11971 (hereinafter referred to as the "SPONSOR"), and C&S Engineers, Inc., a New York business
corporation having its principal offices at 499 Col. Eileen Collins Boulevard, Syracuse, New York 13212
(hereinafter referred to as the"CONSULTANT").
WITNESSETH:That the SPONSOR and the CONSULTANT,for and in consideration of the mutual obligations set
forth herein and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, agree as follows:
ARTICLE 1—DESCRIPTION OF SERVICES TO BE PERFORMED
The SPONSOR hereby retains the CONSULTANT because of its ability and reputation,and the CONSULTANT
accepts such retention,to perform for the SPONSOR the services of the Project more particularly described in
Schedule(s)"A",attached hereto and made a part hereof(the"Basic Services"). The SPONSOR's resolution or
other authorization for retaining the CONSULTANT is attached hereto and made a part hereof as Schedule"E".
The SPONSOR has completed or will complete a"Certification for Selection of Consultant"in connection with
the execution of this Agreement,a copy of which is attached hereto and made a part hereof as Schedule"D".
ARTICLE 2—PROVISION FOR PAYMENT—TIME FOR PERFORMANCE
A. Basis for Payment—The SPONSOR shall pay the CONSULTANT,and the CONSULTANT shall accept,as
full compensation for the performance by the CONSULTANT of the Basic Services under this
Agreement,the following:
Item I: Direct Technical Salaries of all employees assigned to the Project on a full-time basis for all
or part of the term of this Agreement,plus properly allocable partial salaries of all employees working
part-time on the Project,all subject to audit. Overtime in accordance with the terms of this Agreement
shall be charged under this Item.
The cost of Principals' salaries(or allowable portion thereof) included in Direct Technical Salaries
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 Nonsalary Costs incurred during the term of this Agreement, as defined in
1
0\Group\Aviatton\GRANTS\FAAAIP\2111xx18 Anport-Wide Obstruction Evaluation(Survey&Analysis)\Grant Apphcatmn\Design Agreement\Design-CPFF doc 09/11
Schedule(s)`B", attached hereto and made a part hereof, all subject to audit.
Item III—Overhead Allowance based on agreed upon overhead during the term of this Agreement,as
set forth in Schedule"C",which is attached hereto and made a part hereof.
Item IV—Fixed Fee—A negotiated lump sum fee,which in this Agreement shall equal$13,325.40.
This 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 1, II, III, and IV is set forth in
Schedule(s)`B".
Item V—In the event of any claims being made or actions being brought against the Project, the
CONSULTANT agrees to render assistance to the SPONSOR in responding to the claim or action. Such
assistance,and the costs associated therewith,shall be an Additional Service as described in Article 11
hereof.
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
invoices shall clearly identify the costs of the services performed. A percentage of the Fixed Fee
described in Section"A",Item IV,of this Article shall be paid with each monthly progress 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 services performed under this
Agreement and may be subject to periodic and final audit by the SPONSOR, the New York State
Department of Transportation(NYSDOT),and the Federal Aviation Administration(FAA). Such an
audit shall not be a condition for making partial payments.
C. Final Payment—Payment of the final invoice shall be made upon completion and acceptance of the
Project by the SPONSOR,the NYSDOT, and the FAA.
The maximum amount payable under this Agreement,including the CONSULTANT's Fixed Fee,shall
be$168,500.00 unless there is a substantial change in the scope,complexity,character,or duration*of
the Basic Services.
*Duration is applicable to construction observation only.
Execution of this Agreement by the SPONSOR and the CONSULTANT constitutes the SPONSOR's written
authorization to the CONSULTANT to proceed as of the above-written date with the performance of Basic
Services as set forth in Schedule(s)"A". The estimated time for completion of the Basic Services under this
Agreement,subject to the provisions of the following paragraph and of Articles 12, 13,and 23 hereof,shall be
as recorded in Schedule(s)"A".
If the SPONSOR fails to make any payment due the CONSULTANT for services and expenses within forty-five
(45)days after receipt of the CONSULTANT's invoice therefor,then the amounts due the CONSULTANT shall be
increased at the rate of 1.5% per month from said forty-fifth (451h) day. Payments will be credited first to
principal and then to interest. Additionally,the CONSULTANT may,after giving seven(7)days'notice to the
SPONSOR, suspend services under this Agreement until the invoice is paid. Upon payment in full by the
SPONSOR,the CONSULTANT shall resume performance or furnishing of services under this Agreement,and the
2
G\Group\Aviatton\GRANTS\FAAAIP\211\tot18 Airport-Wide Obstruction Evaluation(Survey&Analysts)\Grant Apphcahon\Design Agreement\Design-CPFF doe 09/11
time schedule set forth in Schedule(s) "A" and compensation set forth in Schedule(s) `B" hereto shall be
equitably adjusted to compensate for the period of suspension.
ARTICLE 3—STANDARD OF CARE,STANDARD PRACTICES,AND REQUIREMENTS
The standard of care for all engineering and related services performed or furnished by the CONSULTANT under
this Agreement shall be the care and skill ordinarily used by members of the CONSULTANT'S profession
practicing under similar conditions at the same time and in the same locality.Before beginning to perform or
furnish any service hereunder, the CONSULTANT shall ascertain the standard practices of the SPONSOR, the
NYSDOT,and the FAA,if any,for projects of a type similar to this Project.Where the CONSULTANT deems it
practicable to do so, the services to be provided or furnished under this Agreement shall be performed in
accordance with these standard practices as long as they are consistent with the standard of care.If any of these
standard practices are inconsistent with the CONSULTANT'S standard of care or are in conflict with one another,
or if strict adherence to the same is impossible or undesirable,then the CONSULTANT's services may vary or
deviate from such standards.
ARTICLE 4—ENTIRE AGREEMENT
This Agreement,with its accompanying Schedule or Schedules,constitutes the entire agreement between the
SPONSOR and the CONSULTANT with respect to its subject matter,and supersedes any prior agreement,whether
written or verbal,with respect to that subject matter. This Agreement may be amended or modified only by
written instrument signed by the SPONSOR and the CONSULTANT.
ARTICLE 5—TAXES,ROYALTIES,AND EXPENSES
The CONSULTANT shall pay all taxes,royalties,and expenses incurred by the CONSULTANT in connection with
performing its services under this Agreement,unless otherwise provided in Article 2.
ARTICLE 6—CONSULTANT LIABILITY
To the fullest extent permitted by law, the CONSULTANT shall indemnify the SPONSOR against, and hold it
harmless from, any suit, action, actual damage, and cost resulting solely from the negligent performance of
services or omission of the CONSULTANT under this Agreement,up to the limits of any available insurance.
Negligent performance of services,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 services performed hereunder.
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.
3
0 1Group\Aviation\GRANTS\FAAAIP1211\xxl8 Alport-Wide Obstruction Evaluation(Survey&Analysis)\Grant ApplicationMesign Agreement\Design-CPFF doe 09/11
Notwithstanding any other provision of this Agreement,and to the fullest extent permitted by law,neither the
SPONSOR nor the CONSULTANT, their respective officers, directors, partners, employees, contractors nor
subconsultants shall be liable to the other or shall make any claim for any incidental,indirect or consequential
damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of
consequential damages shall include,but is not limited to, loss of use,loss of profit,loss of business,loss of
income,loss of reputation and any other consequential damages that either party may have incurred from any
cause of action including negligence,strict liability,breach of contract and breach of strict or implied warranty.
Both the SPONSOR and the CONSULTANT shall require similar waivers of consequential damages protecting all
the entities or persons named herein in all contracts and subcontracts with others involved in this project.
The provisions of this Article 6 shall survive termination or expiration of this Agreement.
ARTICLE 7—LABOR LAW REQUIREMENTS
The CONSULTANT,and any subconsultant or subcontractor retained by it in connection with the performance or
furnishing of services under this Agreement, shall comply with the requirements of state or federal statutes,
regulations,or orders applicable to the employment of employees,as set forth in Schedules"H"and"I",which
are attached hereto and made a part hereof.
The SPONSOR recognizes that the CONSULTANT will be required by the New York State Department of Labor
(the "NYSDOL") 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,the SPONSOR agrees
to compensate the CONSULTANT for field survey services included as a part of this Agreement in accordance
with the NYSDOL Prevailing Rate Schedule, which is incorporated by reference into this Agreement.
Furthermore, the SPONSOR shall compensate the CONSULTANT for all increases in labor costs, including
applicable overhead and profit, when those increases occur by direction of the NYSDOL. Billings for, 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 amount.
ARTICLE 8—NONDISCRIMINATION PROVISIONS
During the performance of its services under this Agreement, the CONSULTANT, and any subconsultant,
subcontractor, or vendor retained by it, shall comply with the nondiscrimination requirements set forth in
Schedules"H"and"I"hereto, as applicable to this Project.
The CONSULTANT will include the provisions of Schedules "H" and"I" in every subconsultant agreement,
subcontract,or purchase order in such a manner that such provisions will be binding upon each subconsultant,
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 subconsultant agreement,subcontract,or purchase order
as the SPONSOR may direct,including sanctions or remedies for non-compliance.If the CONSULTANT becomes
involved in or is threatened with litigation by a subconsultant, subcontractor, or vendor as a result of such
direction by the SPONSOR,the CONSULTANT shall promptly so notify the SPONSOR's legal counsel,requesting
such counsel 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 its own expense, and without direct expense to the
SPONSOR,until final acceptance by the SPONSOR of the services covered by this Agreement,insurance of the
4
G\Group\Aviation\GRANTS\FAAAIP\211\xxl8 Airport-Wide Obstruction Evaluation(Survey&Analysis)\Grant Apphcatwn\Design AgreementWestgn-CPPF doc 09/11
kinds and in the amounts hereafter provided,written by insurance companies authorized to do business in the
State of New York. Before commencing the performance of services hereunder,the CONSULTANT shall furnish
the SPONSOR a certificate or certificates, in form satisfactory to the SPONSOR, showing that it has complied
with this Article.All policies shall provide for a 30-day notice of policy cancellation to the SPONSOR(except
10 days' notice should be provided for cancellation due to non-payment of premiums).
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 Workers'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 of no effect unless the CONSULTANT procures such policy or policies
and maintains the same in force during the term of this Agreement.
B. Policy or policies of commercial general liability insurance,with broad form endorsement covering,
among other things,the CONSULTANT's obligation under Article 6 hereof,with limits of liability of
not less than One Million Dollars($1,000,000)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 Million Dollars($3,000,000)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 Million Dollars($1,000,000)for all damages
arising out of injury to or destruction of property in any one(1)accident,and,subject to that limit per
accident,not less than Three Million Dollars($3,000,000)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's subconsultants
and subcontractors,having the same policy limits as those set forth above,with respect to all
services or work performed by said subconsultants or subcontractors under this Agreement.
2. Protective liability insurance issued to and covering the liability of the CONSULTANT with
respect to all services under this Agreement performed for the CONSULTANT by
subconsultants or subcontractors.
3. Professional liability insurance issued to and covering the liability of the CONSULTANT with
respect to all professional services performed by it under this Agreement.
The SPONSOR,the NYSDOT, and the FAA shall be additional insureds,as their interests may appear,under
the insurance coverages described in Paragraph B above,except for the coverage described in Subparagraph
(3),which coverages shall be subject to all of the terms, exclusions,and conditions of the applicable policy.
ARTICLE 10—ASSIGNMENT REQUIREMENTS
The CONSULTANT specifically agrees that:
A. It is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this
Agreement or of its right,title,or interest herein,or its power to execute this Agreement,to any other
person, company, or corporation without the previous consent in writing of the SPONSOR, the
Commissioner of the NYSDOT, and the FAA.
B. If this provision of the Agreement is violated,the SPONSOR may terminate this Agreement for cause in
accordance with the provisions of Article 12. Furthermore,the SPONSOR shall be relieved from any liability
5
G\Group\Aviation\GRANTS\FAAAIP\211\xxl8 Airport-Wide Obstruction Evaluation(Survey&Analysis)\Grant Apphcation\Design Agreement\Design-CPFF doe 09/11
and obligation hereunder to the person,company,or corporation to whom the CONSULTANT shall assign,
transfer,convey,sublet,or otherwise dispose of this Agreement in violation of the foregoing paragraph(A),
and such transferee shall forfeit and lose all monies assigned to it under this Agreement,except so much as
may be required to pay its employees.
ARTICLE 11—ADDITIONAL SERVICES
If authorized in writing by the SPONSOR through a Supplemental Agreement,the CONSULTANT shall furnish or
obtain from others any service that is beyond the scope of Schedule(s)"A"("Additional Services"). The scope
and time for performance,and payment from the SPONSOR to the CONSULTANT for,any Additional Services
(which shall be on the basis set forth in Schedule(s)`B")shall be set forth in such Supplemental Agreement.
ARTICLE 12 ABANDONMENT OR AMENDMENT OF PROJECT AND TERMINATION
A. ABANDONMENT OR AMENDMENT OF THE PROJECT—The SPONSOR shall have the absolute right to
abandon or to amend its Project or to change the general basis of performance at any time, and such
action on its part shall in no event be deemed a breach of this Agreement. If the SPONSOR amends its
Project or changes the general basis thereof, and the CONSULTANT is of the opinion that Additional
Services are made necessary thereby,then the provisions of Article 11 of this Agreement with respect to
Additional Services shall apply. If the SPONSOR abandons the Project,then the provisions ofparagraph
B(1)(b)below shall govern payment to the CONSULTANT.
B. TERMINATION
The obligation to provide further services under this Agreement may be terminated:
1. For Cause:
a. By either party upon thirty(3 0)days'prior written notice in the event of substantial failure by the
other party to perform in accordance with the terms of this Agreement through no fault of the
terminating party. Notwithstanding the foregoing,this Agreement will not terminate as the result
of such substantial failure if the party receiving notice begins,within seven(7)days after receipt
of such notice,to correct its failure to perform and proceeds diligently to cure such failure within
thirty(30) days of such receipt; provided that, if and to the extent that such substantial failure
cannot reasonably be cured within such thirty (30)-day period, and if the party has diligently
attempted to cure the failure and thereafter continues diligently to cure the problem,then the cure
period may, in the discretion of the terminating party, be extended to sixty(60) days after the
receipt of notice.
b. By the CONSULTANT upon seven(7)days'written notice if(a)the CONSULTANT believes that it is
being requested by the SPONSOR to perform or furnish services contrary to or in conflict with the
CONSULTANT's responsibilities as a licensed design professional or the standard of care set forth
in Article 3 hereof; or(b) the CONSULTANT's services are delayed or suspended for more than
ninety (90) days, consecutively or in the aggregate, for reasons beyond the CONSULTANT's
control; or(c)the SPONSOR has abandoned, or is considered to have abandoned,the Project.
2. For convenience by the SPONSOR,effective upon the receipt of notice by the CONSULTANT.
C. PAYMENTS UPON TERMINATION
1. For Cause:
a. By the SPONSOR:If the SPONSOR terminates this Agreement for cause upon completion of any
6
G\Group\Aviahon\GRANTSXFAAAIP12I I W 8 Airport-Wide Obstruction Evaluation(Survey&Analysts)\Grant Apphcation\Design Agreement\Design-CPH doe 09/11
phase of Basic Services,then progress payments due the CONSULTANT in accordance with this
Agreement for all such services performed by or furnished through the CONSULTANT and its
subconsultants,subcontractors,and vendors through the completion of such phase shall constitute
total payment for such services.If the SPONSOR terminates this Agreement for cause during any
phase of Basic Services, the CONSULTANT will also be paid for such services performed or
furnished in accordance with this Agreement by the CONSULTANT during that phase through the
date of termination on the basis specified in Schedule(s)`B".The CONSULTANT will also be paid
for the charges of its subconsultants,subcontractors,or vendors who performed or furnished Basic
Services to the extent that such services have been performed or furnished in accordance with this
Agreement through the effective date of the termination. The SPONSOR shall also pay the
CONSULTANT for all unpaid Additional Services and unpaid Reimbursable Expenses.
b. By the CONSULTANT:If the CONSULTANT terminates this Agreement for cause upon completion
of any phase of Basic Services,then progress payments due the CONSULTANT in accordance with
this Agreement for all such services performed or furnished by the CONSULTANT and its
subconsultants,subcontractors,or vendors through the completion of such phase shall constitute
total payment for such services. The CONSULTANT shall also be paid for all unpaid Additional
Services and unpaid Reimbursable Expenses, as well as for the CONSULTANT's reasonable
expenses directly attributable to termination in accordance with the rates for Additional Services
set forth in Schedule(s) `B" hereto measured from the date of termination, including fair and
reasonable sums for overhead and profit and the costs of terminating the CONSULTANT'S contracts
with its subconsultants, subcontractors, or vendors.
2. For convenience
If the SPONSOR terminates this Agreement for convenience upon completion of any phase of Basic
Services,then progress payments due the CONSULTANT in accordance with this Agreement for all
such services performed by or furnished through the CONSULTANT through the completion of such
phase shall constitute total payment for such services.If the SPONSOR terminates this Agreement
for convenience during any phase of Basic Services,the CONSULTANT will also be paid for such
services performed or furnished in accordance with this Agreement by the CONSULTANT during
that phase through the date of termination on the basis specified in Schedule(s)`B".Additionally,
the CONSULTANT will be paid for the charges of its subconsultants, subcontractors, or vendors
who performed or furnished Basic Services through the effective date of termination. The
SPONSOR shall also pay the CONSULTANT for all unpaid Additional Services and unpaid
Reimbursable Expenses, as well as for the CONSULTANT's reasonable expenses directly
attributable to termination in accordance with the rates for Additional Services set forth in
Schedule(s)`B"measured from the date of termination,including fair and reasonable sums for
overhead and profit and the costs of terminating the CONSULTANT's contracts with its
subconsultants, subcontractors, or vendors.
ARTICLE 13—SUSPENSION OF SERVICES
If the CONSULTANT's services hereunder are delayed or suspended, in whole or in part,by the SPONSOR for
more than thirty(30)calendar days,consecutively or in the aggregate,through no fault of the CONSULTANT,
then the CONSULTANT shall be entitled to equitable adjustments of rates and amounts of compensation to
reflect, among other things, reasonable costs incurred by the CONSULTANT in connection with the delay or
suspension and reactivation and the fact that the time for performance of the CONSULTANT's services
hereunder has been revised.If the delay or suspension persists for more than ninety(90)days,consecutively or
in the aggregate,then the CONSULTANT may consider the Project to have been abandoned by the SPONSOR and
may terminate this Agreement for cause.
7
G\Group\Aviation\GRANTS\FAAAIP\211\axl8 Airport-Wide Obstruction Evaluation(Survey&Analysis)\Grant Apphcation\Design Agreement\Design-CPFF doc 09/11
Upon the SPONSOR'S resumption of its Project,and if the CONSULTANT has not terminated this Agreement for
cause,the CONSULTANT shall resume its services under this Agreement until the services are completed and
accepted, subject to any adjustment in the rates set forth in Schedule(s)`B"because of the passage of time.
ARTICLE 14-INTERCHANGE OF DATA
During the performance of this Agreement,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.
ARTICLE 15-DISPOSITION OF PROJECT DOCUMENTS
At the time of completion of its services and upon payment in full therefor, the CONSULTANT shall make
available to the SPONSOR copies of documents prepared as the result of this Agreement.These documents shall
then become the property of the SPONSOR and the maintenance of the data therein shall be the sole
responsibility of the SPONSOR. Any reuse of the documents by the SPONSOR or others on extensions of the
Project, or on any other project, without written verification or adaptation by the CONSULTANT and its
subconsultants, subcontractors, or vendors, as appropriate, for the specific purpose intended will be at the
SPONSOR's or other user's sole risk and expense and without liability or legal exposure to the CONSULTANT or
its subconsultants, subcontractors, or vendors. The SPONSOR shall indemnify the CONSULTANT, its
subconsultants,subcontractors,and vendors against,and hold them harmless from,all claims,damages,losses,
and expenses (including reasonable expert and attorneys' fees)arising out of or resulting from such reuse.
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 and subject to the terms of the above paragraphs.
ARTICLE 16—CODE OF ETHICS
The CONSULTANT specifically agrees that this Agreement may be canceled or terminated if any service 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",which is attached hereto and made a part hereof.
ARTICLE 17-INDEPENDENT CONTRACTOR
The CONSULTANT,in accordance with its status as an independent contractor,shall conduct itself consistent
with such status; shall neither hold itself out as nor claim to be an officer or employee of the SPONSOR by
reason hereof, and 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, workers'
compensation coverage,unemployment insurance benefits,Social Security coverage,or retirement membership
or credit.
ARTICLE 18—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 of New York or its licensees and the
FAA for public use.No material prepared in connection with this Project shall be subject to copyright.The
State and the FAA shall have the right to publish,distribute,disclose,or otherwise use any material prepared
under this Project, subject to the provisions of Article 15 hereof.
8
G\Group\Aviatton\GRANTS\FAAAIP\211\xod 8 Airport-Wide Obstruction Evaluation(Survey&Analysis)\Grant Application\Design Agreement\Design-CPFF doc 09/11
ARTICLE 19-NEW YORK STATE PARTICIPATION
The services to be performed in this Agreement are included in a NYSDOT Project,which is being undertaken
and accomplished by the SPONSOR and the State of New York and pursuant to which the State of New York
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,makes 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 the State of New York.
ARTICLE 20-FEDERAL PARTICIPATION
The FAA is not a party to this Agreement,although the Project work program covered by this Agreement may
be financially aided in part by a Grant Agreement between the SPONSOR and the FAA. 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, including the requirements set forth in Schedules
"D", "F", "G", and "H" hereto. 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 FAA to the CONSULTANT.
The CONSULTANT and the SPONSOR agree that properly authorized officials of the FAA may from time to
time inspect all Project documents for the purpose of insuring compliance with Federal laws and protecting the
interests of the FAA.
ARTICLE 21-MISCELLANEOUS
A. The CONSULTANT shall require all persons employed to perform services hereunder, including its
subconsultants or subcontractors,vendors,agents,officers,and employees,to comply with applicable
laws in the jurisdiction in which the Project is located.
B. If any provision of this Agreement is held to be 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 it has not paid,and also agrees not
to pay, any bonus or commission for the purpose of obtaining any approval of this Agreement.
D. Any notice required under this Agreement shall be in writing,addressed to the appropriate party at the
address set forth above, and shall be given personally; by registered or certified first-class mail,
postage prepaid and return receipt requested;by facsimile transmission,with confirmation of receipt;
or by a nationally-recognized overnight courier service,with proof ofreceipt. Notice shall be effective
upon the date of receipt. For purposes of this Agreement, failure or refusal to accept receipt shall
constitute receipt nonetheless. Either party may change its address for notice by giving notice to the
other in accordance with the terms of this paragraph.
E. This Agreement,and the interpretation and enforcement of the provisions hereof,is governed by the
laws of the State of New York.
F. SPONSOR acknowledges that:
• CONSULTANT is not recommending any action to SPONSOR or other obligated person
hereunder that would cause CONSULTANT to be considered a municipal advisor for purposes
9
G\Group\Aviation\GRANTS\FAAAIP\211\x 18 Airport-Wide Obstruction Evaluation(Survey&Analysis)\Grant Apphcation\Design Agreement\Design-CPFF doc 09/11
of the Securities and Exchange Commission Registration of Municipal Advisors Rule, 78
Fed.Reg. 67468 (2013);
• CONSULTANT does not owe a fiduciary duty pursuant to Section 15B of the Securities
Exchange Act of 1934(15 U.S.C.78o-4)to SPONSOR or other obligated person with respect
to the information and material contained in this Agreement or any Project deliverable;and
• SPONSOR or other obligated person should discuss any information and material contained in
this Agreement or Project deliverable with any and all internal or external advisors and
experts that SPONSOR or other obligated person deems appropriate before acting on this
information or material.
ARTICLE 22—SUBCONSULTANTS/SUBCONTRACTORS AND VENDORS
All subconsultants and subcontractors performing services for or work on this Project shall be bound by the
same required provisions of this Agreement as is the CONSULTANT. As set forth above, all agreements
between the CONSULTANT and a subconsultant, subcontractor, or vendor shall include all standard required
contract provisions, and such agreements shall be subject to review by the NYSDOT and the FAA.
ARTICLE 23—FORCE MAJEURE
Any delay in or failure of performance of any parry to this Agreement shall not constitute a default under this
Agreement nor give rise to any claim for damage, if and to the extent such delay or failure is caused by
occurrences or events beyond the control of the party affected, including, but not limited to, acts of God;
expropriation or confiscation of facilities or compliance with any order or request of government authority,
affecting to a degree not presently existing,the supply,availability,or use of personnel or equipment;loss of
utility services;blizzard;flood;fire;labor unrest;strikes;war;riot;or any cause the party is unable to prevent
with reasonable diligence.A party who is prevented from performing for any reason shall immediately notify
the other in writing of the reason for the nonperformance and the anticipated extent of any delay. Additionally,
if the delay resulting from any of the foregoing increases the cost of or time required by the CONSULTANT to
perform its services hereunder in an orderly and efficient manner,then the CONSULTANT shall be entitled to an
equitable adjustment in schedule and/or compensation.
ARTICLE 24—DISPUTE RESOLUTION
A. The SPONSOR and the CONSULTANT agree to negotiate in good faith for a period of thirty(30)days
from the date of notice of disputes between them prior to exercising their right under paragraph(B)
below. The thirty-day period may be extended upon mutual agreement of the parties.
B. If any dispute cannot be resolved pursuant to paragraph(A)above,and only if mutually agreed by the
SPONSOR and the CONSULTANT, said dispute and all unsettled claims, counterclaims, and other
matters in question between them arising out of or relating to this Agreement or the breach of any
provision hereof("disputes") shall be submitted to mediation by a mediator, to be selected by the
parties jointly,prior to a party initiating a legal action against the other, unless initiating mediation
would irrevocably prejudice one of the parties. It is the intention of the parties that any agreement
reached at mediation become binding. The cost of mediation shall be shared equally between the
parties.
10
G\Group\Aviatton\GRANTS\FAAAIP\211\ax18 Airport-Wide Obstruction Evaluation(Survey&Analysis)\Grant ApphcahonTesign AgreementTesign-CPFF doe 09/11
IN WITNESS WHEREOF,this Agreement has been executed by the SPONSOR,acting by and through the County
Executive of Chautauqua County,who has caused the seal of his or her office to be affixed hereto,and by the
CONSULTANT,acting by and through a duly-authorized officer,effective the day and year first above-written,
subject to the approval of the Commissioner of the NYSDOT,the State Comptroller, and the FAA.
SPONSOR(S) CONSULTANT
Fishers Island Ferry District C&S Engineers,Inc.
By: By:
Kirsten A. Cerro,P.E.
(Print Name)
Title: Title: Department Manager-Aviation Group
Date: Date:
Town of Southold
By:
Scott A. Russell
Title: Town Supervisor
Date:
11
G\Group\Aviation\GRANTS\FAAAIP\211\od8 Airport-Wide Obstruction Evaluation(Survey&Analysis)\Grant Apphcatton\Destgn Agreement\Design-CPFF doc 09111
SCHEDULE A
SCOPE OF WORK
Project Title: On and Off Airport Obstruction Study
Airport Name: Elizabeth Field Airport—Town of Southold
Services Provided: Engineering,Obstruction Airspace Analysis
Project Description:
The CONSULTANT shall provide professional services for the preparation of an obstruction airspace
analysis of the FAR Part 77 Civil Airport Imaginary Surfaces of the Navigable Airspace of R/W 7-25 &
12-30. The Part 77 primary, approach, and transitional surfaces for each runway will be analyzed. Also
included will be an analysis of the Runway End Siting Requirements for the Approach and Departure
Surfaces in accordance with Appendix 2 of Advisory Circular 150/5300-13. The PAPI obstacle clearance
surface and applicable TERPS 20:1 visual surfaces will also be analyzed.The project is to be performed by
the SPONSOR with grant assistance from the Federal Aviation Administration(FAA)Airport Improvement
Program(AIP) and the New York State Department of Transportation(NYSDOT).
General and Administration Phase:
The CONSULTANT shall aid the SPONSOR by acting as its liaison and Project coordinator with the NYSDOT
and the FAA during the Project's design. In addition, the CONSULTANT shall assist the SPONSOR in the
preparation of paperwork required to secure funds for the Project. The specific services to be provided or
furnished for this Phase of the Project are the following:
1. Preparation of grant application packages; coordination of their execution by the Sponsor; and
submission to the funding agencies.
2. Preparation of reimbursement request packages; coordination of their execution by the Sponsor;
and submission to the funding agencies.
3. Throughout the project, aid the Sponsor by acting as its liaison and Project coordinator with the
funding agencies.
Obstruction Analysis:
An evaluation will be performed referencing the horizontal control to The North American Datum of 1983
(NAD 83), which is "The horizontal control datum for the United States, Canada, Mexico, and Central
America,based on a geocentric origin and the Geodetic Reference System 1980;and referencing the vertical
control to The North American Vertical Datum of 1988 (NAVD 88), which is the vertical control datum
established in 1991 by the minimum-constraint adjustment of the Canadian-Mexican-U.S. leveling
observations.
• The analysis will identify Title 14 CFR Part 77 obstructions within the primary, approach, and
transitional surfaces to runways 7-25 & 13-31. In addition, Runway End Siting Requirements for
each runway will be evaluated, identifying specific dimensions and slopes for each of the runway
ends based on the type of aircraft operations and instrumentation associated with each runway.The
TERPS 20:1 Visual surfaces per FAA Order 8260.313 will also be evaluated as a part of this project.
The evaluation will utilize as a guideline, Federal Aviation Regulation (FAR) Part 77, Objects
Affecting Navigable Airspace; Appendix 2 of Airport Design AC 150/5300-13; and Federal
Aviation Administration Order 8260.3B United States Standard for Terminal Instrument
A-1
Procedures (TERPS). The obstruction analysis will be based on the aforementioned aerial
photography combined with ground control points. All obstruction information will be submitted
to NGS in the required format identified in the advisory circular.
• At the conclusion of this analysis all data collected will be turned over to the airport sponsor.
Plan Preparation:
• Develop New Color Digital Orthographic Aerial photography and Ground Control as base
mapping,primary,approach,and transitional surface drawings will be prepared,at a scale of
1 inch= 800 feet, of R/W 7-25 & 12-30. The drawings shall include a plan view of the area
with corresponding profiles of the FAR Part 77 Approach and the Runway End Siting
Approach Surface. Assumptions include a limit of aerial photography of 4,000 feet from the
existing runway ends,although based upon existing site conditions and the proximity of RW
ends 12,30,and 7 to the water,the limit of obstruction mapping is anticipated to only include
sufficient length and area to identify the obstructions that are identified. Approach and
Departure Runway End Siting Surface requirements will also be evaluated in the plans and
discussed within the report for those obstructions not located on airport property. The plans
will show the extent of required displacement of the threshold should the Off-Airport
obstructions not be removed, and the report will discuss the various options, costs and
benefits of partial Off-Airport obstruction removal and reduced displacement.
• Precision Approach Path Indicator (PAPI) glide path angle and obstacle clearance surface
(OCS) for both runway 7-25 and runway 12-30 will be analyzed with penetrating obstacles
identified in plan&profile, and discussed within the report.
• . The Existing Airport Property Lines (EAPL) will be shown based on information obtained
from project records. Recent changes to the airport property lines will be incorporated into
the finished deliverable obstruction study documents. Off-Airport property lines will be
shown as obtained from county tax mapping information, along with tax mapping
identification numbering and property value assessment information. Off-Airport properties
containing obstructions to the various surfaces analyzed will be shown with ownership
identified as Tax parcel numbers.
• Regulated Wetlands will be plotted on the drawings from available plans and records.
Delineation of wetland areas is not included within the scope of work for this project.
• Editing of aerial mapping physical features and identified obstructions will be accomplished
by field site visits. At the time of the field site visits, random photographs will be taken
depicting the type and extent of natural vegetation or physical feature of the identified
obstructions and will be included within the report. A comprehensive Data Table will be
prepared, listing the specifics of the objects that have been identified as being obstructions
to FAR Part 77 primary, approach, transitional and horizontal surfaces (within the limits of
the approach surface).Included in the Data Table will be a recommended plan of action(e.g.
removal of the obstacle, topping the penetrating portion of the natural vegetation, cutting
only in wetland areas,or lighting&marking of the object)as a treatment for each obstruction.
In addition, an analysis of the Runway End Siting Requirements in accordance with
Appendix 2 of the Advisory Circular 150/5300-13 will be provided,along with identification
of obstacles penetrating the runway departure surface. Identification of objects within the
Runway Protection Zone (RPZ) and within the Runway Safety Area(RSA) will be shown,
A-2
with recommendations as to whether these objects being beneath the Part 77 surface, but
within these areas, should be removed.
• An Engineer's Opinion of Probable Construction Costs for the recommended plan of action
for treatment of both On-Airport and Off-Airport obstructions will be developed and included
in the report.In addition, an Engineer's Opinion of Probable Costs for obtaining Off-Airport
Avigation easements, if necessary,will also be prepared.
Report Preparation:
An Obstruction Evaluation Report, will be prepared for submission to the SPONSOR, the FAA,
and the New York State Department of Transportation.
Aeronautical Survey(performed by Woolpert,Inc.—See Exhibit"A"attached to schedule A)
The consultant shall provide professional engineering, surveying, and project management
services related to the completion of the required aeronautical surveys. Using color aerial
mapping, this project will collect and submit required data for the areas beneath the primary,
approach and transitional surfaces for R/W 7-25 and 12-30. The data collection will be in
accordance with the Advisory Circulars identified below, which details the data collection
requirements and accuracies for the project and verification by the National Geodetic Survey
(NGS). The Aeronautical Survey will be performed referencing the horizontal control to The
North American Datum of 1983 (NAD 83),which is"The horizontal control datum for the United
States, Canada, Mexico, and Central America, based on a geocentric origin and the Geodetic
Reference System 1980; and referencing the vertical control to The North American Vertical
Datum of 1988 (NAVD 88), which is the vertical control datum established in 1991 by the
minimum-constraint adjustment of the Canadian-Mexican-U.S. leveling observations.
• AC 150/5300-16A "General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic Survey."
• AC 150/5300-17B "General Guidance and Specifications for Aeronautical Survey Airport
Imagery Acquisition and Submission to the National Geodetic Survey."
• AC 150/5300-18B "General Guidance and Specifications for Submission of Aeronautical
Surveys to NGS:Field Data Collection and Geographic Information System(GIS) Standards"
Geodetic Control:
The following are the specific tasks to be completed by the consultant.
1. Geodetic Control and Submission to the National Geodetic Survey.
• As of this writing, there are no Primary Airport Control or Secondary Airport Control
Stations located at the airport. Temporary Survey Marks (TSMs) will be utilized as the
basis of survey control. Airport Imagery Acquisition and Submission to the National
Geodetic Survey.
• Acquire airport imagery of the airport in support of airport surveys. The imagery accuracy
shall, at minimum,be as specified on page 8,Table 1, of FAA AC 150/5300-17B entitled
"General Guidance and Specifications for Aeronautical Survey: Airport Imagery
Acquisition and Submission to the National Geodetic Survey", dated September 29,2008,
for Map Scale 1"=800'.
A-3
• Submit imagery to the National Geodetic Survey and acquire approval.
• All work shall be performed in accordance with FAA AC 15045300-17B entitled"General
Guidance and Specifications for Aeronautical Survey: Airport Imagery Acquisition and
Submission to the National Geodetic Survey,"dated September 29,2008.
2. Field Data Collection and Geographic Information System Standards:
• Collect Data through field and office methodologies in support of the FAA Airport
Surveying-GIS Program. Airport data features will be collected as part of this project,and
as indicated on Table 2-1 Survey Requirements Matrix as stated in section 2.6.9 of AC
150/5300-18B. Features names and reference numbers are to be as specified in Chapter 5
of FAA AC 150/5300-18B entitled" General Guidance are Specifications of Submission
of Aeronautical Data Collection and Geographic Information Systems (GIS) Standards,"
dated September 29, 2008.
• The consultant will submit data to the FAA who will forward critical data to the National
Geodetic Survey for independent verification and validation
• All work shall be performed in accordance with FAA AC150/5300-18B entitled"General
Guidance and Specifications and Submission of Aeronautical Data Collection and
Geographic Information Systems(GIS) Standards,"dated May 22, 2009.
Estimated Schedule
Work Item Completion Date
Executed Engineer's Agreement/Notice To Proceed AUGUST 2018
Aerial Photography and Ground Control Obtained OCTOBER 2018
Digital Ortho-Imagery&Identified Surface Obstructions Delivered JANUARY 2019
35% Obstruction Plans &Profile Submittal MARCH 2019
90%Plans&Profile;Treatment Table; and Report Submittal JUNE 2019
Final Document Submissions AUGUST 2019
A-4
®A®
WOOLPEPT
ARCHITECTURE I ENGINEERING I GEOSPATIAL
December 20, 2017
Thomas J. Horth, P.E.
Managing Engineer
CEtS Companies
499 Col. Eileen Collins Blvd.
Syracuse, NY 13212
RE: Proposal: Aerial photography and Surveying Services at Elizabeth Field Airport (0138)
Dear Mr. Horth:
We appreciate the opportunity to provide a proposal for supporting CEtS Companies with
geospatial services at the Elizabeth Field Airport (0138) in Fishers Island, NY. The fee and
bulleted list of scope functions is understood to be completed in accordance with the FAA
Advisory Circulars 150/5300-16A, -17C, and -18B, change 1, with further guidance from the
FAA Eastern Region (AEA) and the Office of Airports Safety and Standards (AAS) in
Washington, D.C.
Project Understanding
Woolpert understands that this project will follow the standards for a Vertically Guided
Runway survey from AC 150/5300-18B, specifically Table 2-1 requirements for an Airport
Obstruction Chart (AOC) as shown in Attachment B. The project will be focused around
performing four main tasks:
1) Obstruction analysis for AC 150/5300-18B, Vertically Guided Approach Obstruction
Identification Surfaces as shown in Attachment "A" for Existing Runways 07/25 Et
12/30.
2) Obstruction analysis for all features within 12.5' of the FAR Part 77, Visual "A"
(Utility) Obstruction Identification Surfaces for Existing Approaches 07/25 Et 12/30.
3) Obstruction analysis for all features penetrating the Threshold Siting Surface, Type 6,
from Table 3-2 in AC 150/5300-13A.
Task 01 - Obstruction analysis for AC 150/5300-18B, Vertically Guided Approach
Obstruction Identification Surfaces as shown in Attachment "A" for Existing Runways
07/25 Et 12/30.
• Initiate and complete the AGIS Project process on the AGIS web portal as an
Instrument Procedure Development survey
■ Develop SOW and plans as required
Woolpert,Inc.
4454 Idea Center Boulevard
Dayton,OH 45430-1500
937.461.5660
7 T
December 20, 2017
Page 2
0138 does not possess existing Primary and Secondary Airport Control Stations
(PACS/SACS). Temporary Survey marks (TSMs) will be recovered and utilized as the
basis of control in accordance with AC-16A.
Establish photogrammetric control and collect stereo imagery covering the surface
area defined by the Vertically Guided Runway standards
■ Estimated 20 control points and 5 check points
■ Collect imagery at a ground sample distance of 0.5 feet (imagery equivalent
scale of 1"=800'), flight layout will be provided
■ Imagery Limits can be found in Attachment A
■ Collected with leaf-on conditions
• Geo-referencing of aerial photography
• Runway critical point survey on all usable runways
Runway profile survey on all usable runways
• Navigational aid inventory, for NAVAIDs associated to the airport (within 10 NM of
ARP) including the associated perpendicular points
• Obstruction analysis for objects penetrating the Vertically Guided surfaces
■ Woolpert will request existing obstruction data for 0138 from the FAA for,review
of the OIS.
■ If information is not available, a collection of objects penetrating the OIS will
be collected using the density selection criteria.
• Development of new ortho-photography of entire project area
■ Pixel resolution of 0.5-feet over entire project area
• The VGA Imaginary Surfaces shall show 50 foot interval contours which are labeled
• Collect major landmark features within imagery coverage
• Population of calculable and required attributes
Develop an AGIS compliant data file containing the safety critical data required to
achieve instrument approach procedure development
Develop the final reports to AGIS
■ Imagery Acquisition Report
■ Final Project Report
Woolpert,Inc.
4454 Idea Center Boulevard
Dayton,OH 45430-1500
937.461.5660
December 20, 2017
Page 3
Task 02 - Obstruction analysis for all features within 12.5' of the FAR Part 77, Visual "A"
(Utility) Obstruction Identification Surfaces for Existing Approaches 07/25a 12/30.
• Obstruction analysis for surface penetrations and features within 12.5 feet of the
FAR Part 77 surfaces
■ All features which penetrate these surfaces lowered 12.5 feet are to be
collected.
■ Ground elevations will be provided for any object within 12.5 feet of the
specified FAR Part 77 surface. Exact accuracy of the ground positions may vary
depending upon the visibility of the ground within the aerial imagery. Where
major elevation breaks are not present, it is anticipated that the 200' grid will
be used to calculate the majority of ground elevations.
• Areas of tree canopy that penetrate the specified OIS surface lowered 12.5 feet
shall be contoured at 5 foot contour intervals. Individual trees extending
significantly above the tree canopy shall not be contoured but will have a spot
elevation on top
■ The outline of the limits of the tree canopy penetrating the OIS surface
lowered 12.5 feet is to be identified
• Areas of terrain that penetrate the specified OIS surface lowered 12.5 feet shall be
contoured at 2 foot contour intervals.
• Obstruction accuracies will meet the National Map Accuracy standards for 1"=800'
scale photography
• Spot elevations on a 200' grid inside the specified Part 77 approach surfaces
■ This grid will not be provided in obscured areas or areas over water
■ Areas of ground penetration will be captured at a 100 foot grid interval
■ The outline of the limits of the ground penetrating the OIS surface lowered
12.5 feet is to be identified
• All railroad and road centerlines will have a spot elevation where they cross the
extended runway centerline and the exterior limits of the OIS surfaces.
• Top height for all buildings on airfield property shall be provided.
• The Part 77 Imaginary Surfaces shall show 50 foot interval contours which are
labeled
• Develop and deliver to C&S Companies a Microsoft Excel file containing information
to all Obstacles that were collected within 12.5 feet of the Obstruction
Identification Surfaces
■ This spreadsheet will contain Northing, Easting, Elevation, Penetration Depth,
Station, and Offset information
Woolpert,Inc.
4454 Idea Center Boulevard
Dayton,OH 45430-1500
937.461.5660
December 20, 2017
Page 4
• Develop and deliver to C£tS Companies an AutoCAD file containing information to
all Obstacles that were collected within 12.5 feet of the Obstruction Identification
Surfaces
Task 03 - Obstruction analysis for all features penetrating the Threshold Siting Surface,
Type 6, from Table 3-2 in AC 150/5300-13A.
• Obstruction analysis for surface penetrations to the 20:1 visual surface
■ All features which penetrate this surface are to be collected.
• Obstruction accuracies will meet the National Map Accuracy standards for 1"=800'
scale photography
• Develop and deliver to CatS Companies a Microsoft Excel file containing information
to all Obstacles that were collected for this Obstruction Identification Surfaces
■ This spreadsheet will contain Northing, Easting, Elevation, Penetration Depth,
Station, and Offset information
• Develop and deliver to C£tS Companies an AutoCAD file containing information to
all Obstacles that were collected for this Obstruction Identification Surfaces
Woolpert,Inc.
4454 Idea Center Boulevard
Dayton,OH 45430-1500
937.461.5660
December 20, 2017
Page 5
Fee Estimate Breakdown
The survey fee estimate has been separated into individual breakdowns for each task.
Fee Estimate
Task 01: AC-18B Obstruction Analysis $53,215
Task 02: FAR Part 77 Obstruction Analysis $9,238
Task 03: TSS 20:1 Obstruction Analysis $1,720
Project Total = $64,173
Woolpert estimates the entire project to take 6 months (contingent on ability to capture leaf-
on imagery) from the official notice-to-proceed to the date of delivery to the final data file
and report to the Airports GIS website. The proposed fee estimates are valid for ninety (90)
days from proposal date.
Please don't hesitate to contact me to discuss any comments or questions you may have
(937.531.1631).
Sincerely,
a- %��
Woolpert, Inc. Woolpert, Inc.
Eric Risner, PS Thomas E. Mackie, PS
Aviation Project Manager Aviation Project Director
Vice President
Woolpert,Inc.
4454 Idea Center Boulevard
Dayton,OH 45430-1500
937.461.5660
December 20, 2017
Page 6
Attachment A: AC- 18B Vertically
Guided OIS
Woolpert,Inc.
4454 Idea Center Boulevard
Dayton,OH 45430-1500
937.461.5660
December 20, 2017
Page 7
Attachment B: Survey Requirements
IntendedEnd UseoftheDaae 7 Ac Reference Afloat. -
•Obstmcteon
Required Tash,r =C} t
Pratade a Survey at:d Quality Conarol Plzn 1503t10-ll4l17118
Estabhsh ervlidata Airport Geadztic Cormal 15a5300-I6
Peffmm,document and report the tie to National Spatial 15015300-14
Reference System(NM)
Suet end(s 1hre3hohi s 150390-18
Mnmtmient msnay 150300-11
Documentrunway eed(5)dwashaldlocanon(3) 15115300-18 •
Memrify and—%y arty displaced thre31toWs) 15015390-I II
Momtmuentdupbcedthreshoh3(3) 1505-300-18
Donumentdrapbcedthreshold(3)facetion 1511530048
Detenase or validate rtmwaf length 150+530048
Detprm orvafidnterunwzywidth 130+5300-I8
Demes nmwzy preffle ns 50 foot stations 130x3300-18
Deumni n rtmwaypnfile using 14 foot matia3 15015300-I8
Detem> a the tovdlulm m zone elevdtum(TDZE) 15015300-18
DE!em>ir and doammm the mte section point of all specially 150300-I8
aredhard surface SPHS nmwm
Detemairaanddommotthe hnrizammlemitsofW 1305300-I9
Stoptea3•s
Detenna my Stopaayptafles 1305300-18
Da^emijae ff the runway bw an associated cleararay 1305300-I8
Sufsm•clearway to detemrme ob3em penetrating the 31ope 1505300-18
Defective and dacwnad the vgduay int mectianto ftedwid 130x5300-18
dirtance
Defemme runway nate azunuth 15015300-18
Defemike crvatidne and document the position of 15015300-I9
naedeatiaESI aids
Detem fit-orvand2de and don mens the paition ofrumvag MY5300-I11
abeam poiet9 ofmavieationd mds
Datmmira potembal navigational aid screenung objects 1305300-I8
CoEectand dacument'VMmcenwchedgomtlocafionand 130x5300-IS
a350aated data
Perform orw date and document ad airport ampace aadyms 1505300-18
Coliect and document helicaptertomchdowm lid off area 1505300-18
(TLOF)
Collect and document helicopter final approach acd takeoff 15015-300-111 +
area(FATO)
Collect or validate end dacutaent airport phmmietic dam 1{015300-18
Determire orvalidate the elaratian ofthe Au Traffic Control 150+5300-I2
Tomer Cab Floor(if one i9 on the airport)
Perform orzandate a topographic mmvey 1345300-18
Collect?id document namoayand aavi lith 1505300-18
CaEectanddoc¢ment smudcoordmates 15015300-18
CoM t cultural and natural fntmes of LmNimaA vahte 15015300-I8
Dgrenmira elevntion efroadways at the warsectimg point of the 1505300-18
Rumtiay Pmtecdon Zone MRZ)or the nm ay centerhme
extended
De,armme all Landglse to 65 DNL contour 1505300-18
Document features d photagophs 1505304-18
Document features =ketchs3 1505300-18
CoEect pamon and 4W ofrEmway mmkmp 1505300-I8
Caltect Paman and mwjd= 15015300-I8
Locate,calk-Lt and doccmaent photo 1)points 1305300-17
Identify cofiect and document warzads or Envnammentally 15015300-18
9enn=e areas
Collect uma`ery 15015300-17
Pronde a final Pro•ectRe ort 15015300-140
Woolpert,Inc.
4454 Idea Center Boulevard
Dayton,OH 45430-1500
937.461.5660
Cas ARCHITECTURAL/ENGINEERING
COMPANIES COST SUMMARY
SCHEDULE "B"
OBSTRUCTION ANALYSIS & REPORT
PROJECT NAME AIRPORT-WIDE OBSTRUCTION EVALUATION DATE 25-Jun-18
PROJ DESCRIPTION AIRPORT-WIDE OBSTRUCTION STUDY AND EVALUATION A/E C&S ENGINEERS,INC
PROJECT NO 211
CLIENT TOWN OF SOUTHOLD/FISHERS ISLAND FERRY DISTRICT C&S CONTACT TJH
CLIENT MANAGER Gordon S Murphy
I. ESTIMATE OF DIRECT SALARY COSTS: MAXIMUM AVERAGE
RATE OF PAY RATE OF PAY ESTIMATED ESTIMATED
TITLE ($/HR) ($/HR) @ HOURS COST
A SERVICE GROUP/ASSOCIATE MANAGER $8650 $8220 X 0 = $000
B DEPARTMENT MANAGER $7140 $6480 X 0 = $000
C MANAGING/CHIEF ENGINEER $6390 $5610 X 72 = $4,03900
D PRINCIPAL ENGINEER $6060 $5650 X 0 = $000
E SENIOR PROJECT ENGINEER $5460 $4730 X 162 = $7,66300
F PROJECT ENGINEER/ENV SCIENTIST $4440 $3980 X 50 = $1,99000
G ENGINEER $4040 $3330 X 198 = $6,59300
H STAFF ENGINEER $31 90 $2790 X 0 = $000
I SENIOR DESIGNER $4270 $3940 X 204 = $8,03800
J DESIGNER $3240 $2760 X 0 = $000
K CADD OPERATOR/DESIGN TECHNICIAN $3140 $2840 X 40 = $1,13600
L ADMINISTRATIVE ASSISTANT $2820 $2450 X 12 = $29400
M INTERN $1950 $1630 X 0 = $000
N GRANTS ADMINISTRATOR $3440 $3280 X 20 = $65600
O ASSISTANT GRANTS ADMINISTRATOR $2780 $2650 X 40 = $1,06000
P MANAGING PLANNER $5870 $5590 X 0 = $000
Q SENIOR PROJECT PLANNER $5060 $4820 X 40 = $1,92800
R PLANNER $3360 $31 10 X 0 = $0.00
S STAFF PLANNER $3060 $2840 X 0 = $000
T SENIOR/MANAGING ARCHITECT $5550 $5450 X 0 = $000
U SENIOR GIS ANALYST $3520 $3360 X 0 = $000
V GEOLOGIST $3460 $3300 X 0 = $000
W ENVIRONMENTAL SCIENTIST $3240 $3030 X 0 = $000
X SENIOR CONSTRUCTION SUPERVISOR $7790 $6920 X 0 = $000
Y CONSTRUCTION SUPERVISOR $4440 $4220 X 0 = $000
Z RESIDENT ENGINEER $5090 $4560 X 0 = $000
AA CHIEF INSPECTOR $4500 $3870 X 0 = $000
BB SENIOR INSPECTOR $41 60 $3450 X 0 = $000
CC. INSPECTOR $3300 $3140 X 0 = $000
DD JUNIOR INSPECTOR $21 60 $2060 X 0 = $000
EE SENIOR TECHNICAL ADMINISTRATOR $3570 $3210 X 0 = $000
FF SENIOR PROJECT LANDSCAPE ARCHITECT $4440 $4220 X 0 = $000
GG PROJECT LANDSCAPE ARCHITECT $4200 $4010 X 0 = $000
TOTAL ESTIMATED DIRECT SALARY COST $33,39700
II. OVERHEAD EXPENSES&PAYROLL BURDEN PER SCHEDULE"C"-
(AGREED OVERHEAD EXPRESSED AS A PERCENTAGE
OF DIRECT SALARY COST) 16600% $55,43900
III. SUBTOTAL OF ITEMS I&II: $88,83600
1
B-1
IV. ESTIMATE OF DIRECT EXPENSES:
A TRAVEL,BY AUTO
2 TRIPS @ 640 MILES/TRIP @ $0535 = $68480
B PER DIEM
3 DAYS @ 1 PERSONS @ $19400 = $58200
C MISCELLANEOUS = $7180
TOTAL ESTIMATE OF DIRECT EXPENSES $1,33860
V. FIXED FEE(PROFIT,LUMP SUM):
A LABOR PLUS OVERHEAD 15% (OF III) $13,32540
B DIRECT EXPENSES 0% (OF IV) $000
TOTAL FIXED FEE $13,32540
VI. SUBCONTRACTS:
A WOOLPERT,INC (AERIAL SURVEYING AND MODELING) $65,00000
VII. TOTALS:
A. MAXIMUM TOTAL COST FOR DESIGN SERVICES,AGREEMENT TOTAL&FAA ELIGIBLE: $168,500.00
B-2
SCHEDULE "C"
C&S ENGINEERS, INC
AGREED OVERHEAD
Indirect Labor 13,833,871 80%
P/R Taxes & Benefits 5,563,283 32%
Legal &Accounting 235,447 1%
Rent& Maintenance 2,263,483 13%
Utilities 129,165 1%
Office Supplies 685,114 4%
Telephone/Internet 666,017 4%
Professional Activity 217,843 1%
Business Development 393,061 2%
Auto &Truck Expenses 892,789 5%
Insurance 644,954 4%
Office Equipment Rent/ Maintenance 2,282,451 13%
Library& Reference Data 249,547 1%
Depreciation 774,903 4%
TOTAL INDIRECT EXPENSES 28,831,928 166%
TOTAL DIRECT LABOR 17,350,990
END OF SCHEDULE
C-1
G\Group\Aviatron\GRANTS\FAAAIP\211\xxl8 Airport-Wide Obstruction Evaluation(Survey&Analysis)\Grant Appbcatwn\Design Agreement\Design-CPFF doe
01/16
SCHEDULE E
(RESOLUTION TO BE INSERTED)
G\Group\Avtahon\GRANTS\FAAAIP\211\x 18 Airport-Wide Obstruction Evaluation(Survey&Analysis)\Grant Apphcation\Design Agreement\Design-CPFF doc 09/04
SCHEDULE F
ENGINEER'S REPORT
The following has been compiled as guidance covering what will be reflected in an Engineer's Report:
Chapter I-Introduction
1. Scope—A brief explanation of the scope of the proposed development as indicated in the Tentative
Allocation, and how it fits in with the present and future development of the airport as shown on the
approved Airport Layout Plan.This is not to be construed as another justification of the item(s)which
has(have)already been accomplished during the development and processing of the Request for Aid.
However,the Request for Aid and Tentative Allocation letter should be included in this section.
2. Environmental and Safety Consideration— Fulfillment of environmental consideration and
commitments as per the project Environmental Clearance issued by the FAA and AC 150/5370-2,
"Operational Safety on Airports During Construction."
3. Applicable FAR Part 77 Surfaces.Include sketch of applicable FAR Part 77 surfaces showing any
obstruction,plan, and profile, and any pertinent data and/or discussion concerning them, especially
with respect to the proposed project.
4. State what is the critical aircraft for design purposes and the basis of selection.
Chapter II-Design
1. Design Standards—A listing of the applicable Advisory Circulars that are current on the date of the
Tentative Allocation as shown in the latest tri-annual listing in the Federal Register and which are
mandatory as per Paragraph 83 and Appendix I of FAR Part 152.In the event the SPONSOR/Engineer
wishes to use either draft or non-mandatory Advisory Circulars or other standards,a written request,
including the rationale therefore, shall be promptly submitted through the SPONSOR for FAA
consideration and inclusion in the report. The processing of the request shall be accomplished in
accordance with Order 5300.1A.Include a discussion as to any variances from the design standards
and request for waivers.
2. Unusual Local Conditions—Identification and explanation of local conditions not covered by the
standards listed in above item(1)which will require modification.This should include a discussion of
the local condition, alternative solutions, recommended solution, and the rationale for same. The
discussion shall also include economics, scheduling, methods, and effect on other facilities,
operations,parties, etc. Some typical items that may generate this type of discussion are:
A. unusual soil classification, including drainage and structural characteristics;
B. unusual weather conditions, such as precipitation and temperature;
C. availability, proximity, and costs of construction material, manpower, on and off-site
equipment, and plans, etc.;
D. special design to accommodate unusual equipment and/or operations (e.g., off-hour
construction or non-standard construction procedures).
F-1
G\Group\Aviation\GRANTS\FAAAIP\211\ux18 Airport-Wide Obstruction Evaluation(Survey&Analysts)\Grant Appbcatton\Design Agreement\Design-CPFF doe 09/04
3. Soils Report and Other Test Reports.Either a separate document or include in Engineer's Report.In
soils report discuss reason for stopping borings at given elevations,assumption used in report and why
the number and types of tests were chosen.If separate,it should be referenced in Engineer's Report.
4. Lighting—Discussion should include the following:
A. Lighting system layout,including approach survey for VASI.
B. Plan and profile sketch for NAVAID projects.
C. Series lighting design(HIRL,MIRL,MITL, Centerline,TDZ), including:
1) Physical layout sketch;
2) Present regulator rating, condition, and load;
3) Proposed load under this project;
4) Future load;
5) Wire sizes and length of runs.
Chapter III-Contract Provisions and Eligibility
1. Contract Technical Provisions—Discussion on the adaptation of the construction contracts'
technical provisions in order to avoid conflicts between the technical requirements of the SPONSOR,
the FAA, and other Grantor Agencies.Typical areas for consideration are:
A. Asphalt and concrete pavements(e.g.,P-401&P-501)
B. Drainage structures
C. Fencing(type,etc.)
D. Concrete
E. Turfing
F. Excavation and embankment
G. Painting
H. Alternate bids
2. Contract General Provisions—(Non-Technical).Discussion on the adaptation of the construction
contract's general (non-technical) provisions in order to avoid conflicts between the procurement
requirements of the SPONSOR,the FAA,and other Grantor Agencies.Typical areas for consideration
are:
A. Definitions
B. State,Federal, and local wage rates and labor provisions
C. EEO provisions, including Hometown or Imposed Plans
D. Insurance
E. Bid,payment and performance bonds
F. Payment provisions and application
G. Change Orders
F-2
G\Group�Av,at,on\GRANTSTAAAIP\211\xx18 Airport-Wide Obstruction Evaluation(Survey&Analysis)\Grant Apphcation\Design Agreement0esign-CPH doe 09/04
H. Claims
I. Extra work
J. Material submissions, substitutions and approvals
K. Survey and layout procedure and responsibility
L. Guaranty and warranty procedure and responsibility
M. "As Built"information and responsibility
N. Pre-Construction Conference
O. Notice to Proceed
P. Stop Orders
Q. Time extensions
R. Airport operations and requirements
S. Repair and/or replacement or damage facility requirements
T. Work schedule(bar chart,PERT, etc.)
U. Bidding forms and requirements
V. SPONSOR and Grantor Agency authority and responsibilities
W. Safety(Order EA 5210.1)
3. Non-Eligible Work.Identification,justification and details of separation of non-eligible work to be
included in ADAP contract.This shall also cover the impact that the non-eligible work will have on
costs and scheduling of ADAP work.
4. Eligible Work to be Done by Others—Identification,justification and details of eligible work to be
done by others,such as utility companies,Sponsor Force Account,etc.This shall also cover the impact
that others doing eligible work will have on costs and scheduling of ADAP work.
5. Scheduling and Coordination—Identification, justification and details of scheduling and
coordination where project work will impact or be impacted by other parties and/or activities such as
airport users, airlines, public, FBO, National Weather Service, FAA Sponsor, other contractors,
military,utilities,concessionaires,etc.This discussion shall also cover the economic conditions ofthe
general and local construction market conditions,with a view to obtaining the most advantageous bids.
Included in the discussions should be what effect the Grantor Agency's(FAA, State, Sponsor, etc.)
commitments have on the schedule.
6. Submittal of the Engineer's Report.The Engineer's Report will accompany each submittal of the
plans and specifications,to the degree of development commensurate with the submittal itself.The
Sponsor/Engineer must understand that without submittal of the Engineer's Report, the plans and
specifications will be returned without comments.
END OF SCHEDULE
F-3
G.\Group\Aviation\GRANTS\FAAAIPM I\xx18 Airport-Wide Obstruction Evaluation(Survey&Analysis)\Grant Appbcatwn\Design Agreement\Design-CPFF doc 09/04
s
SCHEDULE G
CERTIFICATION OF CONSULTANT
I hereby certify that I am the Manager of the Airport Services Group and a duly authorized representative ofthe
firm of C&S Engineers,Inc.,whose address is 499 Col.Eileen Collins Blvd.,Syracuse,NY,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 Kirsten A. Cerro,P.E.
Department Manager,Aviation Group
END OF SCHEDULE
G-1
G\Group�Avtation\GRANTS\FAAAIP\211\md 8 Airport-Wide Obstruction Evaluation(Survey&Analysis)\Grant Applicahon\Design Agreement\Design-CPFP doe 09/04
SCHEDULE H
AIRPORT AID PROGRAM
A/E SERVICES REQUIRED FEDERAL CONTRACT PROVISIONS
For purposes of this schedule the term"Contractor"or"Consultant"shall refer to"Consultant"as that term is defined
in the Agreement to which this schedule is attached.
ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor,the Federal
Aviation Administration,and the Comptroller General of the United States or any of their duly authorized representatives access to
any books,documents,papers,and records of the contractor which are directly pertinent to the specific contract for the purpose of
making audit,examination,excerpts and transcriptions.The Contractor agrees to maintain all books,records and reports required
under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or
termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
Sponsor will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must
undertake in order to avoid termination of the contract. Sponsor reserves the right to withhold payments to Contractor until such time
the Contractor corrects the breach or the Sponsor elects to terminate the contract.The Sponsor's notice will identify a specific date by
which the Contractor must correct the breach. Sponsor may proceed with termination of the contract if the Contractor fails to correct
the breach by deadline indicated in the Sponsor's notice. The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations,rights and remedies
otherwise imposed or available by law.
GENERAL CIVIL RIGHTS PROVISIONS
The contractor agrees to comply with pertinent statutes,Executive Orders and such rules as are promulgated to ensure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity
conducted with or benefiting from Federal assistance.
This provision binds the contractors and subtier contractors from the bid solicitation period through the completion of the contract.
This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
CIVIL RIGHTS—TITLE VI ASSURANCES.
Title VI Solicitation Notice:
The Sponsor in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat.252,42 U.S.C. §§2000d to
2000d-4)and the Regulations,hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race,color,or national origin in consideration for an award.
Compliance with Nondiscrimination Requirements
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(hereinafter includes consultants)will comply with the Title VI List of
Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor,with regard to the work performed by it during the contract,will not discriminate on
the grounds of race,color,or national origin in the selection and retention of subcontractors,including procurements of
materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited
by the Acts and the Regulations,including employment practices when the contract covers any activity,project,or program
set forth in Appendix B of 49 CFR part 21.
H-1
G\GROUP\AVIATION\GRANTS\FAAAIP\211\XX18 AIRPORT-WIDE OBSTRUCTION EVALUATION(SURVEY&ANALYSIS)\GRANT APPLICATION\DESIGN
AGREEMENTiDESIGN-CPFF DOC 09/04
3. Solicitations for Subcontracts, Including Procurements 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 will be notified by the contractor
of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the
grounds of race,color,or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts,the Regulations,and
directives issued pursuant thereto and will 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 to be pertinent to ascertain
compliance with such Nondiscrimination Acts, and authorities and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish the information,the contractor will so
certify to the sponsor or the Federal Aviation Administration,as appropriate,and will set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination provisions of this
contract,the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be
appropriate,including,but not limited to:
a. Withholding payments to the contractor under the contract until the contractor complies;and/or
b. Cancelling,terminating,or suspending a contract,in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract,
including procurements of materials and leases of equipment,unless exempt by the Acts,the Regulations and directives
issued pursuant thereto. The contractor will take 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,that if the contractor becomes involved in,or is threatened with litigation by a subcontractor,or
supplier because of such direction,the contractor may request the sponsor to enter into any litigation to protect the interests
of the sponsor. In addition,the contractor may request the United States to enter into the litigation to protect the interests of
the United States.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract,the contractor,for itself,its assignees,and successors in interest(hereinafter referred to as the
"contractor")agrees to comply with the following non-discrimination statutes and authorities;including but not limited to:
• Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.,78 stat.252),(prohibits discrimination on the basis of
race,color,national origin);
• 49 CFR part 21(Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of
Title VI of The Civil Rights Act of 1964),
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601),(prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and
projects);
• Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 et seq.),as amended,(prohibits discrimination on the basis
of disability);and 49 CFR part 27;
a The Age Discrimination Act of 1975,as amended,(42 U S.C.§6101 et seq.),(prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982,(49 USC §471,Section 47123),as amended,(prohibits discrimination
based on race,creed,color,national origin,or sex);
• The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of
the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by
expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid
recipients,sub-recipients and contractors,whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the basis of disability in
the operation of public entities,public and private transportation systems,places of public accommodation,and certain
testing entities(42 U.S.C.§§12131-12189)as implemented by Department of Transportation regulations at 49 CFR parts
37 and 38;
• The Federal Aviation Administration's Non-discrimination statute(49 U.S.C. §47123)(prohibits discrimination on the
basis of race,color,national origin,and sex);
a Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
H-2
G\GROUPWVIATION\GRANTS\FAAAIP\211\XX18 AIRPORT-WIDE OBSTRUCTION EVALUATION(SURVEY&ANALYSIS)\GRANT APPLICATION\DESIGN
AGREEMEN'nDESIGN-CPFF DOC 09/04
Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and
activities with disproportionately high and adverse human health or environmental effects on minority and low-income
populations;
• Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,and resulting agency
guidance,national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure
compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs(70 Fed.Reg.at 74087 to 74100);
• Title IX of the Education Amendments of 1972,as amended,which prohibits you from discriminating because of sex in
education programs or activities(20 U.S.C. 1681 et seq).
CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards,orders,and regulations issued pursuant to the Clean Air Act(42 U.S.C.§
740-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C.§ 1251-1387).The Contractor agrees to report any
violation to the Sponsor immediately upon discovery.The Sponsor assumes responsibility for notifying the Environmental Protection
Agency(EPA)and the Federal Aviation Administration.Contractor must include this requirement in all subcontracts that exceed
$150,000
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
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,including watchmen and guards,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 paragraph(1)above,the contractor and any subcontractor responsible
therefor 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 with respect to each individual laborer or mechanic,including
watchmen and guards,employed in violation of the clause set forth in paragraph 1 above,in the sum of$10 for each calendar day
on 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 paragraph(1)above.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or 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 monies 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 paragraph(2)above.
4. Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs(1)through(4)and also a
clause requiring the subcontractor 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 paragraphs(1)through
(4)of this section.
CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation,the bidder or offeror certifies that neither it nor its principals are presently
debarred or suspended by any Federal department or agency from participation in this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder,by administering each lower tier subcontract that exceeds$25,000 as a"covered transaction",must verify each
lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from
participation in this federally assisted project. The successful bidder will accomplish this by:
H-3
G\GROUP\AVIATION\GRANTS\FAAAIP\211\XXI8 AIRPORT-WIDE OBSTRUCTION EVALUATION(SURVEY&ANALYSIS)\GRANT APPLICATION\DESIGN
AGREEMENT\DESIGN-CPFF DOC 09/04
1. Checking the System for Award Management at website: http://www.sam.gov
2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension(Bidder or
Offeror),above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract
If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or
disqualified at the time it entered the covered transaction,the FAA may pursue any available remedies,including suspension and
debarment of the non-compliant participant.
DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance(§26.13)-The contractor or subcontractor shall not discriminate on the basis of race,color,national origin,or
sex in the performance of this contract.The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT assisted contracts.Failure by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy,as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than 15days from the receipt of each payment the prime contractor receives from Sponsor.The
prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is
satisfactorily completed.Any delay or postponement of payment from the above referenced time frame may occur only for good cause
following written approval of the Sponsor.This clause applies to both DBE and non-DBE subcontractors.
The requirements of 49 CFR part 26 apply to this contract.It is the policy of the Sponsor to practice nondiscrimination based on race,
color,sex or national origin in the award or performance of this contract. Sponsor encourages participation by all firms qualifying
under this solicitation regardless of business size or ownership.
TEXTING WHEN DRIVING
In accordance with Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving"(10/1/2009)and DOT
Order 3902.10"Text Messaging While Driving"(12/30/2009),the FAA encourages recipients of Federal grant funds to adopt and
enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when
performing work related to a grant or sub-grant.
In support of this initiative,Sponsor encourages the Contractor to promote policies and initiatives for its employees and other work
personnel that decrease crashes by distracted drivers,including policies that ban text messaging while driving motor vehicles while
performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier
contracts exceeding$3,500 and involve driving a motor vehicle in performance of work activities associated with the project.
ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in
the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C.6201 et seq).
EQUAL OPPORTUNITY CLAUSE
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 ensure that applicants are employed,and that
employees are treated during employment without regard to their race,color,religion,sex,sexual orientation,gender identify 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 forms of 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 considerations 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 of September 24, 1965,as amended,and
of 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 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 administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules,regulations,and orders.
H-4
G\GROUP\AVIATION\GRANTS\FAAAIP\211\XX18 AIRPORT-WIDE OBSTRUCTION EVALUATION(SURVEY&ANALYSIS)\GRANT APPLICATION\DESIGN
AGREEMENT\DESIGN-CPFF DOC 09/04
(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 of September 24, 1965,and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary
of Labor,or as otherwise provided by law.
(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 of 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 administering agency 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 administering agency the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
FEDERAL FAIR LABOR STANDARDS ACT(FEDERAL MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201,the Federal
Fair Labor Standards Act(FLSA),with the same force and effect as if given in fall text. The FLSA sets minimum wage,overtime pay,
recordkeeping,and child labor standards for full and part time workers. The Contractor has full responsibility to monitor compliance
to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly
with the U.S.Department of Labor—Wage and Hour Division
CERTIFICATION REGARDING LOBBYING
The bidder or offeror certifies by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the Bidder or Offeror,to any person for
influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee
of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making
of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,
or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with
its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards
at all tiers(including subcontracts,sub-grants,and contracts under grants,loans,and cooperative agreements)and that all
sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.
Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more
than$100,000 for each such failure.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with
the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that
may cause death or serious physical harm to the employee.The Contractor retains full responsibility to monitor its compliance and
their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970(20 CFR Part
1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S.Department of
Labor—Occupational Safety and Health Administration.
RIGHTS TO INVENTIONS
Contracts or agreements that include the performance of experimental,developmental,or research work must provide for the rights of
the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401,Rights to Inventions Made by
Non-profit Organizations and Small Business Firms under Government Grants,Contracts,and Cooperative Agreements. This contract
incorporates by reference the patent and inventions rights as specified within in the 37 CFR§401.14. Contractor must include this
requirement in all sub-tier contracts involving experimental,developmental or research work.
H-5
G\GROUPWVIATION\GRANTS\FAAAIP\211\XX18 AIRPORT-WIDE OBSTRUCTION EVALUATION(SURVEY&ANALYSIS)\GRANT APPLICATION\DESIGN
AGREEMENT\DESIGN-CPFF DOC 09/04
TERMINATION OF CONTRACT
Termination for Convenience-The Sponsor may,by written notice to the Consultant,terminate this Agreement for its
convenience and without cause or default on the part of Contractor.Upon receipt of the notice of termination,except as
explicitly directed by the Sponsor,the Contractor must immediately discontinue all services affected.Upon termination of the
Agreement,the Contractor must deliver to the Sponsor all data,surveys,models,drawings,specifications,reports,maps,
photographs,estimates,summaries,and other documents and materials prepared by the Contractor under this contract,whether
complete or partially complete.Sponsor agrees to make just and equitable compensation to the Contractor for satisfactory work
completed up through the date the Contractor receives the termination notice. Compensation will not include anticipated profit
on non-performed services. Sponsor further agrees to hold Contractor harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
Termination for Default-Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations
that are essential to the completion of the work per the terms and conditions of the Agreement.The party initiating the
termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party[7]days advance written notice of its intent to terminate the
Agreement.The notice must specify the nature and extent of the breach,the conditions necessary to cure the breach,and the
effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies
provided by law or under this agreement.
a) Termination by Sponsor:The Sponsor may terminate this Agreement in whole or in part,for the failure of the
Consultant to:
1. Perform the services within the time specified in this contract or by Sponsor approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project;
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination,the Consultant must immediately discontinue all services affected unless the
notice directs otherwise. Upon termination of the Agreement,the Consultant must deliver to the Sponsor all data,surveys,
models,drawings,specifications,reports,maps,photographs,estimates,summaries,and other documents and materials
prepared by the Engineer under this contract,whether complete or partially complete.
Sponsor agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the
date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed
services.
Sponsor further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of
the termination action under this clause.
If,after finalization of the termination action,the Sponsor determines the Consultant was not in default of the Agreement,
the rights and obligations of the parties shall be the same as if the Sponsor issued the termination for the convenience of the
Sponsor.
b) Termination by Consultant:The Consultant may terminate this Agreement in whole or in part,if the Sponsor:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the Project for more than[180]days due to reasons beyond the control of the Consultant.
Upon receipt of a notice of termination from the Consultant,Sponsor agrees to cooperate with Consultant for the purpose
of terminating the agreement or portion thereof,by mutual consent. If Sponsor and Consultant cannot reach mutual
agreement on the termination settlement,the Consultant may,without prejudice to any rights and remedies it may have,
proceed with terminating all or parts of this Agreement based upon the Sponsor's breach of the contract.
In the event of termination due to Sponsor breach,the Engineer is entitled to invoice Sponsor and to receive full payment
for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred
by the Consultant through the effective date of termination action. Sponsor agrees to hold Consultant harmless for errors
or omissions in documents that are incomplete as a result of the termination action under this clause.
H-6
G\GROUP\AVIATION\GRANTS\FAAAIP\211\XX18 AIRPORT-WIDE OBSTRUCTION EVALUATION(SURVEY&ANALYSIS)\GRANT APPLICATION\DESIGN
AGREEMENT\DESIGN-CPFF DOC 09/04
TRADE RESTRICTION CERTIFICATION
By submission of an offer,the Offeror certifies that with respect to this solicitation and any resultant contract,the Offeror-
a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate
against U.S.firms as published by the Office of the United States Trade Representative(U.S.T.R.);
b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a
foreign country included on the list of countries that discriminate against U.S.firms as published by the U.S.T.R;and
c.has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign
country included on the list of countries that discriminate against U.S.firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United 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.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or
that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor
must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was
erroneous by reason of changed circumstances.
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 an Offeror or subcontractor:
(1)who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries
that discriminate against U.S.firms published by the U.S.T.R.or
(2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such
U.S.T.R.list or
(3)who incorporates in the public works project any product of a foreign country on such U.S.T.R.list;
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.
The Offeror agrees that,if awarded a contract resulting from this solicitation,it will incorporate this provision for certification without
modification in in all lower tier subcontracts.The contractor may rely on the certification of a prospective subcontractor that it is not a
firm from a foreign country included on the list of countries that discriminate against U.S.firms as published by U.S.T.R,unless the
Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined
that the Contractor or subcontractor knowingly rendered an erroneous certification,the Federal Aviation Administration may direct
through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
VETERAN'S PREFERENCE
In the employment of labor(excluding executive,administrative,and supervisory positions),the contractor and all sub-tier
contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered
veterans include Vietnam-era veterans,Persian Gulf veterans,Afghanistan-Iraq war veterans,disabled veterans,and small
business concerns(as defined by 15 U.S.C.632)owned and controlled by disabled veterans. This preference only applies
when there are covered veterans readily available and qualified to perform the work to which the employment relates.
END OF SCHEDULE
H-7
G\GROUP\AVIATION\GRANTS\FAAAIP\211=18 AIRPORT-WIDE OBSTRUCTION EVALUATION(SURVEY&ANALYSIS)\GRANT APPLICATION\DESIGN
AGREEMENT\DESIGN-CPFF DOC 09/04
SCHEDULE I
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 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. 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 ofNew 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 defined 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 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.
I-1
G\GROUP\.AVIATION\GRANTS\FAAAIP\211\XX18 AIRPORT-WIDE OBSTRUCTION EVALUATION(SURVEY&ANALYSIS)\GRANT APPLICATION\DESIGN
AGREEMENDDESIGN-CPFF DOC 09/04
s
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 240,1 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 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 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 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
I-2
G\GROUP\AVIATION\GRANTS\FAAAIP\21IM18 AIRPORT-WIDE OBSTRUCTION EVALUATION(SURVEY&ANALYSIS)\GRANT APPLICATION\DESIGN
AGREEMEN'nDESIGN-CPFF DOC 09/11
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.
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.
18. Prohibition on Purchase of Tropical Hardwoods.The Contractor certifies and warrants that all wood products to
be used under this contract award will be in accordance with,but not limited to,the specifications and provisions
of Section 165 of the State Finance Law, (Use of Tropical Hardwoods)which prohibits purchase and use of
I-3
G\GROUP\AVIATION\GRANTS\FAAAIP\211VOC18 AIRPORT-WIDE OBSTRUCTION EVALUATION(SURVEY&ANALYSIS)\GRANT APPLICATION\DESIGN
AGREEMENT\DESIGN-CPFF DOC 09/11
tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political
subdivision or public benefit corporation.Qualification for an exemption under this law will be the responsibility
of the contractor to establish to meet with the approval of the State.
In addition,when any portion of this contract involving the use of woods,whether supply or installation,is to be
performed by any subcontractor,the prime Contractor will indicate and certify in the submitted bid proposal that
the subcontractor has been informed and is in compliance with specifications and provisions regarding use of
tropical hardwoods as detailed in§165 State Finance Law.Any such use must meet with the approval of the
State;otherwise,the bid may not be considered responsive.Under bidder certifications,proof of qualification for
exemption will be the responsibility of the Contractor to meet with the approval of the State.
19. Macbride Fair Employment Principles.In accordance with the MacBride Fair Employment Principles(Chapter
807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business
operations in Northern Ireland,or(b)shall take lawful steps in good faith to conduct any business operations in
Northern Ireland in accordance with the MacBride Fair Employment Principles(as described in Section 165 of
the New York State Finance Law),and shall permit independent monitoring of compliance with such principles.
20. Omnibus Procurement Act of 1992. It is the policy of New York State to maximize opportunities for the
participation ofNew York State business enterprises,including minority and women-owned business enterprises
as bidders,subcontractors and suppliers on its procurement contracts.
Information on the availability of New York State subcontractors and suppliers is available from:
NYS Department of Economic Development
Division for Small Business
30 South Pearl St--71117loor
Albany,New York 12245
Telephone:518-292-5220
Fax:518-292-5884
http://www.empire.state.nv.us
A directory of certified minority and women-owned business enterprises is available from: NYS Department of
Economic Development Division of Minority and Women's Business Development 30 South Pearl St--2nd Floor
Albany,New York 12245 Telephone:518-292-5250 Fax:518-292-5803 http://www.empire.state.ny.us
The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable,
Contractors certify that whenever the total bid amount is greater than$1 million:a)The Contractor has made
reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and
subcontractors, including certified minority and women-owned business enterprises, on this project, and has
retained the documentation of these efforts to be provided upon request to the State; (b)The Contractor has
complied with the Federal Equal Opportunity Act of 1972(P.L.92-261),as amended;(c)The Contractor agrees
to make reasonable efforts to provide notification to New York State residents of employment opportunities on
this project through listing any such positions with the Job Service Division ofthe New York State Department of
Labor,or providing such notification in such manner as is consistent with existing collective bargaining contracts
or agreements.The Contractor agrees to document these efforts and to provide said documentation to the State
upon request;and(d)The Contractor acknowledges notice that the State may seek to obtain offset credits from
foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.
21. Reciprocity And Sanctions Provisions. Bidders are hereby notified that if their principal place of business is
located in a country,nation,province,state or political subdivision that penalizes New York State vendors,and if
the goods or services they offer will be substantially produced or performed outside New York State, the
Omnibus Procurement Act 1994 and 2000 amendments(Chapter 684 and Chapter 383,respectively)require that
they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of
discriminatory jurisdictions subject to this provision includes the states of South Carolina,Alaska,West Virginia,
Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of
jurisdictions subject to this provision.
22. Compliance with New York State Information Security Breach and Notification Act.Contractor shall comply
with the provisions of the New York State Information Security Breach and Notification Act(General Business
Law Section 899-aa;State Technology Law Section 208).
23. Compliance with Consultant Disclosure Law.If this is a contract for consulting services,defined for purposes of
this requirement to include analysis, evaluation,research,training, data processing, computer programming,
engineering,environmental,health,and mental health services,accounting,auditing,paralegal,legal or similar
services,then,in accordance with Section 163(4-g)of the State Finance Law(as amended by Chapter 10 of the
Laws of 2006),the Contractor shall timely,accurately and properly comply with the requirement to submit an
annual employment report for the contract to the agency that awarded the contract,the Department of Civil
Service and the State Comptroller.
I-4
G\GROUP\AVIATION\GRANTS\FAAAIP\211\XXl8 AIRPORT-WIDE OBSTRUCTION EVALUATION(SURVEY&ANALYSIS)\GRANT APPLICATION\DESIGN
AGREEMENnDESIGN-CPFF DOC 09/11
24. Procurement Lobbying.To the extent this agreement is a"procurement contract"as defined by State Finance Law
Sections 139 j and 139-k,by signing this agreement the contractor certifies and affirms that all disclosures made
in accordance with State Finance Law Sections 139 j and 139-k are complete,true and accurate.In the event such
certification is found to be intentionally false or intentionally incomplete,the State may terminate the agreement
by providing written notification to the Contractor in accordance with the terms of the agreement.
25. Certification of Registration To Collect Sales And Compensating Use Tax By Certain State Contractors,
Affiliates And Subcontractors. To the extent this agreement is a contract as defined by Tax Law Section 5-a,if
the contractor fails to make the certification required by Tax Law Section 5-a or if during the term ofthe contract,
the Department of Taxation and Finance or the covered agency,as defined by Tax Law 5-a,discovers that the
certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a
material breach of this contract and this contract may be terminated,by providing written notification to the
Contractor in accordance with the terms of the agreement,if the covered agency determines that such action is in
the best interest of the State.
END OF SCHEDULE
I-5
G\GROUP\AVIATION\GRANTS\FAAAIP\21 1=1 8 AIRPORT-WIDE OBSTRUCTION EVALUATION(SURVEY&ANALYSIS)\GRANT APPLICATION\DESIGN
AGREEMENT\DESIGN-CPFF DOC 09/11
PA
PASSERO ASSOCIATES
engineering architecture
June 28, 2018
Gordon Murphy
Assistant Manager
Fishers Island Ferry District
261 Trumbull Drive
Fisher Island,NY 06390
Re: Elizabeth Field Airport
Preparation of IFE for: On and Off Airport Obstruction Study
File: 2017.2417.0002
Dear Mr. Murphy:
We have completed the Independent Fee Estimate for the above referenced project for
engineering/planning services to be provided at Elizabeth Field Airport.The independent fee estimate
is shown below.
On and Off Airport Obstruction Study=$ 176,770.
Given the normally acceptable range for IFE's of+/- 10%,we would expect the Consultant's fee for
this project to be within $194,450 and $159,090.
We have attached a detailed breakdown of our estimate which includes a list of tasks to be performed,
man-hour estimates with rates (direct salary, overhead and profit), direct expenses and subcontracts.
The fee estimate is based upon the scope of work provided with your e-mail transmission.
We are pleased to have this opportunity to provide this service for Elizabeth Field Airport.If you have
any questions regarding the enclosed,please do not hesitate to contact our office.
Sincerely,
�, 'J. d —
Bruce W. Clark
Sr.Aviation Project Manager
112 State Street,Suite 1000 Albany,NY 12207 T518.934.8804 F518.934.8803 www.passero.com
PASSERO ASSOCIATES
ARCHITECTURAUENGINEERING
WORK SUMMARY
6/28/18
PROJECT: On and Off Airport Obstruction Study GTT
SERVICES: STUDY BC
CLIENT: Fishers Island Ferry District
CLIENT MGR- Gordon S.Murphy,Assistant Manager
SEN SEN DIRECT LOADED TOTAL
CONT PHASE MAN PROJ PROJ STAFF SEN ADMIN GRANT LABOR EXPENSES SERVICES BY COSTS HOURS
NO. NO. I TASK ENG MAN ENG ENG DES ASSIST ADMIN COSTS OTHERS TOTALS PER TASK
100 PROJECT ADMINISTRATION 4 8 32 32 32 $3,84432 $11,93661 108
121 AERIAL SURVEY COORDINATION 12 8 $74800 $2,32254 20
122 OBST PLANS&PROFILES(1"=200) 80 180 200 $13,782.00 $42.79311 460
123 PROPERTY LAYOUTS 6 16 24 $1,34144 $4,165.17 46
124 PREPARE FAR PART 77 PLAN(1"=1000) 24 40 60 $3,74960 $11,642.51 124
125 ANALYZE ALL OBSTRUCTION SURFACES 80 120 80 $8,944.80 $27,773.60 280
127 PREPARE COST ESTIMATES 12 40 8 $1,840.48 $5,714.69 60
180 QUALITY ASSURANCE/QUALITY CONTROL 2 12 8 $1,08888 $3,38097 22
600 DIRECT EXPENSES(ALL) $1,77500 $2,04125
791 AERONAUTICAL SURVEY $65,000.00 $65.00000
6 20 254 404 372 32 32 $35,33952 $1,775.00 $65,000.00 $176,77046 1120
` FEDERAL AVIATION ADMINISTRATION
' �157 ,l EASTERN REGION
AIRPORTS DIVISION
CATEGORICAL EXCLUSION FORM
Airport: Elizabeth Field Fishers Island Airport(0138)
Project: Obstruction Study
FAA has determined that the listed project qualifies for a categorical exclusion under
FAA Order 1050.IF,paragraph:
5-6.1h.Approval of an airport's sponsor request to impose Passenger facility Charges or
approval to impose and use Passenger Facility Charges for planning studies.
5-6.1mFAA administrative actions associated with transfer of ownership or operation of
an existing airport, for acquisition or long-term lease as long as the transfer is
limited to ownership,right of possession, and/or operating responsibility.
5-6.1n Issuance of grants to prepare noise exposure maps and noise compatibility
programs.
5 6.10 Issuance of planning grants which do not imply a project commitment, such as
airport planning grants and grants to states participating in the state,block grant
j program— _
5-6.3h Acquisition of security equipment required by rule or regulation for the safety or
security of personnel and property on the airport or snow removal equipment.
5/17/2018
Signature of Responsible FAA Official Date
1 2 3 4
CONNECTICUT RHODE ISLAND I
wESTttsml C&S Englneels,Inc
unc"ETro� I'�oRm ssca.Eamn ncmm ma.
as�xrr
�CSHERS ISLAND F
�asn
p P ELIZABETY6SLOCK ISLAND
LONG ISLAND SOUND AIRPORT opF SOU�y�
LONG ISLAND
loTOFFXE '
QUEsmlrw nVE a
ATLANTIC OCF_AN
LOCATION MAP
FISHERS ISLAM
TENNISCOURTe .
Fr' Amo
___/e��ube•"_�',dp6 - _ ; Z'� w CWOst rcuxE 8 g
gio
__RUNR'gYPRO1E .5 ✓ _� -- /I•'`"•i \ ROW BOUxOARY i�0
EOI APPROgCN&OPE _^'!_ __ � �/I ROFA �� �'- • NNE� \ O d"� G � Fob
NOTES
-----
-�,TQRE �/i \\ � o
III _ �YAWxOQONEANO \\� (L9 N "T aEFNiEDfRG.S _\\ A• OFOO °C°OR°W"lE9RFFFA"EOTONOmH.LL1EPoG—N.Fl—
�— �\�A._ 1 x"PHI
/f'�i ARP(�Town:l Lox m°wsa•E
Ipb > .• j _______________ yam _ I Rwt TI'SW wrrmQs-
g
e FPL _ .J— _ NWAVP RW 39 FNO N11411 =.I O 0 O
B MPR2[IMATE �/ //\ �F \ \r � xilrjpPRO"gtyLOPE _ �LOx019UNDInxENEWY°RN ST"TE PLM'E COOROINAiE 9YSTEm Q O 2Z
G
COAST ux j/ I' ] MFA•teI ACRE9(NIlE1N FEESWPIEI W O O
l`aa,A�o_� eLoocn;w+osourm rn ]5
lAOp Txwwsmemmmcmo
SND ° µ—
NOMTOCAFECB0NOMrU
R° EWACCURATE
AN°U ° ABSAOM-SH
N
a F W
N
PLAN ORm"nON EN.oesmucnox suRVE oarvE BY
w LL
B.wo AssoMrES ENOINEERwaAxQ lANo suavEWNo luc
ECEMBERN00 WASU9E010 PREPPAE 1HLR PROPERTY L1AP
SCALE t•ga0
BOPS 0 B00 EWR
W
Q
CL. Q
EaIWn pamN IP
S __RS9 _ Rurvrsy Sam Area Ran w/
9 _ JIQHIFA) o
d OC
y _ _
__�OFI—— OOpI�Free lore
reeA� A = Q.
Qs_-- Ta.. F rtOFA1 O �W
£i --159_--_ Tmlway Sala Area } _
iA SuIIEInB Real almn Llne B3.) O
P,weEL F LAND ACQUISITION TABLE ARP Pkv eRe6lmts Pam1 \
owxrn" ar'Ef1ON ® Qure.eau _ a 0-
11 4 59 _________O—p a aLhlo Q
�g SHEETRFFEoRENCE NO
�_
_-- _ -_ GreunE ElenBm Cmlane 8
gl aHEEi B OF 8
COST PLUS FIXED FEE
CONSULTANT AGREEMENT
FOR
THE
ON AND OFF AIRPORT OBSTRUCTION STUDY
AT-
ELIZABETH FIELD AIRPORT
FISHERS ISLAND
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
FAA AIP NO. 3-36-0029-021-2018
NYSDOT NO. 0913.22
�o,*pF SO�Tyolo
�y�OUNV,��
0
TABLE OF CONTENTS
ARTICLES PAGE
ARTICLE 1-DESCRIPTION OF SERVICES TO BE PERFORMED.......................................................................1
ARTICLE 2-PROVISION FOR PAYMENT-TIME FOR PERFORMANCE...........................................................1
ARTICLE 3-STANDARD OF CARE,STANDARD PRACTICES,AND REQUIREMENTS.......................................3
ARTICLE 4-ENTIRE AGREEMENT................................................................................................................3
ARTICLE 5-TAXES,ROYALTIES,AND EXPENSES........................................................................................3
ARTICLE 6-CONSULTANT LIABILITY..........................................................................................................3
ARTICLE 7-LABOR LAW REQUIREMENTS...................................................................................................4
ARTICLE 8-NONDISCRIMINATION PROVISIONS..........................................................................................4
ARTICLE 9-WORKER'S COMPENSATION AND LIABILITY INSURANCE........................................................4
ARTICLE 10-ASSIGNMENT REQUIREMENTS ...............................................................................................5
ARTICLE 11—ADDITIONAL SERVICES..........................................................................................................6
ARTICLE 12—ABANDONMENT OR AMENDMENT OF PROJECT AND TERMINATION......................................6
ARTICLE 13—SUSPENSION OF SERVICES......................................................................................................7
ARTICLE 14—INTERCHANGE OF DATA.........................................................................................................8
ARTICLE 15—DISPOSITION OF PROJECT DOCUMENTS.................................................................................8
ARTICLE16—CODE OF ETHICS ....................................................................................................................8
ARTICLE 17—INDEPENDENT CONTRACTOR.................................................................................................8
ARTICLE 18—PATENT RIGHTS AND COPYRIGHTS........................................................................................8
ARTICLE 19—NEW YORK STATE PARTICIPATION........................................................................................9
ARTICLE 19—NEW YORK STATE PARTICIPATION........................................................................................9
ARTICLE 20—FEDERAL PARTICIPATION.......................................................................................................9
ARTICLE 21—MISCELLANEOUS....................................................................................................................9
ARTICLE 22—SUBCONSULTANTS/SUBCONTRACTORS AND VENDORS.......................................................10
ARTICLE23—FORCE MAJEURE................................................................................................................10
ARTICLE 24—DISPUTE RESOLUTION........................................................................................................10
SCHEDULE A—SCOPE OF SERVICES...................................................................................A-1 to A-11
SCHEDULE B—COST SUMMARY AND FEE SCHEDULE....................................................B-1 to B-2
SCHEDULE C—AGREED OVERHEAD...............................................................................................C-1
SCHEDULED— [INTENTIONALLY OMITTED]................................................................................D-1
SCHEDULEE—RESOLUTION.............................................................................................................E-1
SCHEDULE F—OUTLINE FOR ENGINEER'S REPORT..........................................................F-1 to F-3
SCHEDULE G—CERTIFICATION OF CONSULTANT......................................................................G-1
SCHEDULE H—AIRPORT AID PROGRAM.............................................................................H-1 to H-7
SCHEDULE I—NEW YORK STATE DOT REQUIREMENTS....................................................I-1 to I-5
F\Project\211-TOWN OF SOUTHOLD\211017001-On and Off Airport Obstruction Evaluahon\Agreements\Destgn-CPFF doc 09/11
A { 3
I a
COST PLUS FIXED FEE CONSULTANT AGREEMENT
FOR
PROJECT: On and Off Airport Obstruction Study
Elizabeth Field Airport–Town of Southold
Term: August 1,2018 to December 31,2020
This Agreement, made effective this day of , 2018, is by and between the
Town of Southold, New York, municipal corporation having an address at P.O. Box 1179, Southold, New
York, 11971 (hereinafter referred to as the "SPONSOR"), and C&S Engineers, Inc., a New York business
corporation having its principal offices at 499 Col. Eileen Collins Boulevard, Syracuse, New York 13212
(hereinafter referred to as the"CONSULTANT").
WITNESSETH:That the SPONSOR and the CONSULTANT,for and in consideration of the mutual obligations set
forth herein and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, agree as follows:
ARTICLE 1—DESCRIPTION OF SERVICES TO BE PERFORMED
The SPONSOR hereby retains the CONSULTANT because of its ability and reputation,and the CONSULTANT
accepts such retention,to perform for the SPONSOR the services of the Project more particularly described in
Schedule(s)"A",attached hereto and made a part hereof(the"Basic Services"). The SPONSOR's resolution or
other authorization for retaining the CONSULTANT is attached hereto and made a part hereof as Schedule"E".
The SPONSOR has completed or will complete a"Certification for Selection of Consultant"in connection with
the execution of this Agreement, a copy of which is attached hereto and made a part hereof as Schedule"D".
ARTICLE 2—PROVISION FOR PAYMENT—TIME FOR PERFORMANCE
A. Basis for Payment—The SPONSOR shall pay the CONSULTANT,and the CONSULTANT shall accept,as
full compensation for the performance by the CONSULTANT of the Basic Services under this
Agreement, the following:
Item I: Direct Technical Salaries of all employees assigned to the Project on a full-time basis for all
or part of the term of this Agreement,plus properly allocable partial salaries of all employees working
part-time on the Project,all subject to audit. Overtime in accordance with the terms of this Agreement
shall be charged under this Item.
The cost of Principals' salaries (or allowable portion thereof)included in Direct Technical Salaries
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 Nonsalary Costs incurred during the term of this Agreement, as defined in
1
F\Project\211-TOWN OF SOUTHOLD\211017001-On and Off Auport Obstruction EvaluationWgreements\Destgn-CPFF doc 09/11
v a t
e
Schedule(s) `B", attached hereto and made a part hereof, all subject to audit.
Item III—Overhead Allowance based on agreed upon overhead during the term of this Agreement,as
set forth in Schedule"C",which is attached hereto and made a part hereof.
Item IV—Fixed Fee—A negotiated lump sum fee,which in this Agreement shall equal$13,325.40.
This 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 1, II, III, and IV is set forth in
Schedule(s) `B".
Item V—In the event of any claims being made or actions being brought against the Project, the
CONSULTANT agrees to render assistance to the SPONSOR in responding to the claim or action. Such
assistance,and the costs associated therewith,shall be an Additional Service as described in Article 11
hereof.
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
invoices shall clearly identify the costs of the services performed: A percentage of the Fixed Fee
described in Section"A",Item IV,of this Article shall be paid with each monthly progress 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 services performed under this
Agreement and may be subject to periodic and final audit by the SPONSOR, the New York State
Department of Transportation(NYSDOT),and the Federal Aviation Administration(FAA). Such an
audit shall not be a condition for making partial payments.
C. Final Payment—Payment of the final invoice shall be made upon completion and acceptance of the
Project by the SPONSOR,the NYSDOT, and the FAA.
The maximum amount payable under this Agreement,including the CONSULTANT's Fixed Fee,shall
be$168,500.00 unless there is a substantial change in the scope,complexity,character,or duration*of
the Basic Services.
*Duration is applicable to construction observation only.
Execution of this Agreement by the SPONSOR and the CONSULTANT constitutes the SPONSOR's written
authorization to the CONSULTANT to proceed as of the above-written date with the performance of Basic
Services as set forth in Schedule(s)"A". The estimated time for completion of the Basic Services under this
Agreement,subject to the provisions of the following paragraph and of Articles 12, 13,and 23 hereof,shall be
as recorded in Schedule(s) "A".
If the SPONSOR fails to make any payment due the CONSULTANT for services and expenses within forty-five
(45)days after receipt of the CONSULTANT'S invoice therefor,then the amounts due the CONSULTANT shall be
increased at the rate of 1.5% per month from said forty-fifth (451') day. Payments will be credited first to
principal and then to interest. Additionally,the CONSULTANT may,after giving seven(7)days' notice to the
SPONSOR, suspend services under this Agreement until the invoice is paid. Upon payment in full by the
SPONSOR,the CONSULTANT shall resume performance or furnishing of services under this Agreement,and the
2
F\Project\21 l-TOWN OF SOUTHOLD\211017001-On and Off Auport Obstruction Evaluatton\Agree=nts\Design-CPFF doc 09/11
time schedule set forth in Schedule(s) "A" and compensation set forth in Schedule(s) `B" hereto shall be
equitably adjusted to compensate for the period of suspension.
ARTICLE 3—STANDARD OF CARE,STANDARD PRACTICES,AND REQUIREMENTS
The standard of care for all engineering and related services performed or furnished by the CONSULTANT under
this Agreement shall be the care and skill ordinarily used by members of the CONSULTANT's profession
practicing under similar conditions at the same time and in the same locality.Before beginning to perform or
furnish any service hereunder, the CONSULTANT shall ascertain the standard practices of the SPONSOR, the
NYSDOT,and the FAA,if any,for projects of a type similar to this Project.Where the CONSULTANT deems it
practicable to do so, the services to be provided or furnished under this Agreement shall be performed in
accordance with these standard practices as long as they are consistent with the standard of care.If any of these
standard practices are inconsistent with the CONSULTANT's standard of care or are in conflict with one another,
or if strict adherence to the same is impossible or undesirable,then the CONSULTANT'S services may vary or
deviate from such standards.
ARTICLE 4—ENTIRE AGREEMENT
This Agreement,with its accompanying Schedule or Schedules,constitutes the entire agreement between the
SPONSOR and the CONSULTANT with respect to its subject matter,and supersedes any prior agreement,whether
written or verbal, with respect to that subject matter. This Agreement may be amended or modified only by
written instrument signed by the SPONSOR and the CONSULTANT.
ARTICLE 5—TAXES,ROYALTIES,AND EXPENSES
The CONSULTANT shall pay all taxes,royalties,and expenses incurred by the CONSULTANT in connection with
performing its services under this Agreement, unless otherwise provided in Article 2.
ARTICLE 6—CONSULTANT LIABILITY
To the fullest extent permitted by law, the CONSULTANT shall indemnify the SPONSOR against, and hold it
harmless from, any suit, action, actual damage, and cost resulting solely from the negligent performance of
services or omission of the CONSULTANT under this Agreement, up to the limits of any available insurance.
Negligent performance of services,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 services performed hereunder.
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.
3
F\Project\211-TOWN OF SOUTHOLD\211017001-On and Off Airport Obstruction EvaluationWgreements\Design-CPFF doc 09/11
Notwithstanding any other provision of this Agreement,and to the fullest extent permitted by law,neither the
SPONSOR nor the CONSULTANT, their respective officers, directors, partners, employees, contractors nor
subconsultants shall be liable to the other or shall make any claim for any incidental,indirect or consequential
damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of
consequential damages shall include,but is not limited to, loss of use,loss of profit,loss of business,loss of
income,loss of reputation and any other consequential damages that either party may have incurred from any
cause of action including negligence,strict liability,breach of contract and breach of strict or implied warranty.
Both the SPONSOR and the CONSULTANT shall require similar waivers of consequential damages protecting all
the entities or persons named herein in all contracts and subcontracts with others involved in this project.
The provisions of this Article 6 shall survive termination or expiration of this Agreement.
ARTICLE 7—LABOR LAW REQUIREMENTS
The CONSULTANT,and any subconsultant or subcontractor retained by it in connection with the performance or
furnishing of services under this Agreement, shall comply with the requirements of state or federal statutes,
regulations,or orders applicable to the employment of employees,as set forth in Schedules"H"and"I",which
are attached hereto and made a part hereof.
The SPONSOR recognizes that the CONSULTANT will be required by the New York State Department of Labor
(the "NYSDOL") 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,the SPONSOR agrees
to compensate the CONSULTANT for field survey services included as a part of this Agreement in accordance
with the NYSDOL Prevailing Rate Schedule, which is incorporated by reference into this Agreement.
Furthermore, the SPONSOR shall compensate the CONSULTANT for all increases in labor costs, including
applicable overhead and profit, when those increases occur by direction of the NYSDOL.Billings for, 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 amount.
ARTICLE 8—NONDISCRIMINATION PROVISIONS
During the performance of its services under this Agreement, the CONSULTANT, and any subconsultant,
subcontractor, or vendor retained by it, shall comply with the nondiscrimination requirements set forth in
Schedules "H"and"I"hereto, as applicable to this Project.
The CONSULTANT will include the provisions of Schedules "H" and "I"in every subconsultant agreement,
subcontract,or purchase order in such a manner that such provisions will be binding upon each subconsultant,
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 subconsultant agreement,subcontract,or purchase order
as the SPONSOR may direct,including sanctions or remedies for non-compliance.If the CONSULTANT becomes
involved in or is threatened with litigation by a subconsultant, subcontractor, or vendor as a result of such
direction by the SPONSOR,the CONSULTANT shall promptly so notify the SPONSOR's legal counsel,requesting
such counsel 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 its own expense, and without direct expense to the
SPONSOR,until final acceptance by the SPONSOR of the services covered by this Agreement,insurance of the
4
F\Project1211-TOWN OF SOUTHOLD\211017001-On and Off Airport Obstruction EvaluahonWgreements\Destgn-CPFF doc 09/11
kinds and in the amounts hereafter provided,written by insurance companies authorized to do business in the
State of New York. Before commencing the performance of services hereunder,the CONSULTANT shall furnish
the SPONSOR a certificate or certificates, in form satisfactory to the SPONSOR, showing that it has complied
with this Article.All policies shall provide for a 30-day notice of policy cancellation to the SPONSOR(except
10 days' notice should be provided for cancellation due to non-payment of premiums).
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 Workers'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 of no effect unless the CONSULTANT procures such policy or policies
and maintains the same in force during the term of this Agreement.
B. Policy or policies of commercial general liability insurance,with broad form endorsement covering,
among other things,the CONSULTANT's obligation under Article 6 hereof,with limits of liability of
not less than One Million Dollars($1,000,000)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 Million Dollars($3,000,000)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 Million Dollars($1,000,000)for all damages
arising out of injury to or destruction of property in any one(1)accident,and,subject to that limit per
accident,not less than Three Million Dollars($3,000,000)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's subconsultants
and subcontractors,having the same policy limits as those set forth above,with respect to all
services or work performed by said subconsultants or subcontractors under this Agreement.
2. Protective liability insurance issued to and covering the liability of the CONSULTANT with
respect to all services under this Agreement performed for the CONSULTANT by
subconsultants or subcontractors.
3. Professional liability insurance issued to and covering the liability of the CONSULTANT with
respect to all professional services performed by it under this Agreement.
The SPONSOR,the NYSDOT, and the FAA shall be additional insureds,as their interests may appear,under
the insurance coverages described in Paragraph B above,except for the coverage described in Subparagraph
(3), which coverages shall be subject to all of the terms,exclusions, and conditions of the applicable policy.
ARTICLE 10—ASSIGNMENT REQUIREMENTS
The CONSULTANT specifically agrees that:
A. It is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this
Agreement or of its right,title,or interest herein,or its power to execute this Agreement,to any other
person, company, or corporation without the previous consent in writing of the SPONSOR, the
Commissioner of the NYSDOT, and the FAA.
B. If this provision of the Agreement is violated, the SPONSOR may terminate this Agreement for cause in
accordance with the provisions of Article 12. Furthermore,the SPONSOR shall be relieved from any liability
5
F\Prglect1211-TOWN OF SOUTHOLD\211017001-On and Off Airport Obstruction Evaluatton\Agreements\Design-CPFF doc 09/11
and obligation hereunder to the person,company,or corporation to whom the CONSULTANT shall assign,
transfer,convey,sublet,or otherwise dispose of this Agreement in violation of the foregoing paragraph(A),
and such transferee shall forfeit and lose all monies assigned to it under this Agreement,except so much as
may be required to pay its employees.
ARTICLE 11—ADDITIONAL SERVICES
If authorized in writing by the SPONSOR through a Supplemental Agreement,the CONSULTANT shall furnish or
obtain from others any service that is beyond the scope of Schedule(s)"A"("Additional Services"). The scope
and time for performance,and payment from the SPONSOR to the CONSULTANT for, any Additional Services
(which shall be on the basis set forth in Schedule(s)`B")shall be set forth in such Supplemental Agreement.
ARTICLE 12—ABANDONMENT OR AMENDMENT OF PROJECT AND TERMINATION
A. ABANDONMENT OR AMENDMENT OF THE PROJECT—The SPONSOR shall have the absolute right to
abandon or to amend its Project or to change the general basis of performance at any time, and such
action on its part shall in no event be deemed a breach of this Agreement. If the SPONSOR amends its
Project or changes the general basis thereof, and the CONSULTANT is of the opinion that Additional
Services are made necessary thereby,then the provisions of Article 11 of this Agreement with respect to
Additional Services shall apply. If the SPONSOR abandons the Project,then the provisions of paragraph
B(1)(b)below shall govern payment to the CONSULTANT.
B. TERMINATION
The obligation to provide further services under this Agreement may be terminated:
1. For Cause:
a. By either party upon thirty(30)days'prior written notice in the event of substantial failure by the
other party to perform in accordance with the terms of this Agreement through no fault of the
terminating party. Notwithstanding the foregoing,this Agreement will not terminate as the result
of such substantial failure if the party receiving notice begins,within seven(7)days after receipt
of such notice,to correct its failure to perform and proceeds diligently to cure such failure within
thirty (30) days of such receipt; provided that, if and to the extent that such substantial failure
cannot reasonably be cured within such thirty (30)-day period, and if the party has diligently
attempted to cure the failure and thereafter continues diligently to cure the problem,then the cure
period may, in the discretion of the terminating party, be extended to sixty (60) days after the
receipt of notice.
b. By the CONSULTANT upon seven(7)days' written notice if(a)the CONSULTANT believes that it is
being requested by the SPONSOR to perform or furnish services contrary to or in conflict with the
CONSULTANT's responsibilities as a licensed design professional or the standard of care set forth
in Article 3 hereof; or (b) the CONSULTANT'S services are delayed or suspended for more than
ninety (90) days, consecutively or in the aggregate, for reasons beyond the CONSULTANT's
control;or(c)the SPONSOR has abandoned, or is considered to have abandoned, the Project.
2. For convenience by the SPONSOR,effective upon the receipt of notice by the CONSULTANT.
C. PAYMENTS UPON TERMINATION
1. For Cause:
a. By the SPONSOR: If the SPONSOR terminates this Agreement for cause upon completion of any
6
F\Project\211-TOWN OF SOUTHOLD\211017001-On and Off Airport Obstruction EvaluattonWgreements\Destgn-CPFF doc 09/11
9 l
phase of Basic Services, then progress payments due the CONSULTANT in accordance with this
Agreement for all such services performed by or furnished through the CONSULTANT and its
subconsultants,subcontractors,and vendors through the completion of such phase shall constitute
total payment for such services.If the SPONSOR terminates this Agreement for cause during any
phase of Basic Services, the CONSULTANT will also be paid for such services performed or
furnished in accordance with this Agreement by the CONSULTANT during that phase through the
date of termination on the basis specified in Schedule(s)`B".The CONSULTANT will also be paid
for the charges of its subconsultants,subcontractors,or vendors who performed or furnished Basic
Services to the extent that such services have been performed or furnished in accordance with this
Agreement through the effective date of the termination. The SPONSOR shall also pay the
CONSULTANT for all unpaid Additional Services and unpaid Reimbursable Expenses.
b. By the CONSULTANT:If the CONSULTANT terminates this Agreement for cause upon completion
of any phase of Basic Services,then progress payments due the CONSULTANT in accordance with
this Agreement for all such services performed or furnished by the CONSULTANT and its
subconsultants,subcontractors,or vendors through the completion of such phase shall constitute
total payment for such services. The CONSULTANT shall also be paid for all unpaid Additional
Services and unpaid Reimbursable Expenses, as well as for the CONSULTANT's reasonable
expenses directly attributable to termination in accordance with the rates for Additional Services
set forth in Schedule(s) `B" hereto measured from the date of termination, including fair and
reasonable sums for overhead and profit and the costs of terminating the CONSULTANT's contracts
with its subconsultants, subcontractors, or vendors.
2. For convenience
If the SPONSOR terminates this Agreement for convenience upon completion of any phase of Basic
Services,then progress payments due the CONSULTANT in accordance with this Agreement for all
such services performed by or furnished through the CONSULTANT through the completion of such
phase shall constitute total payment for such services.If the SPONSOR terminates this Agreement
for convenience during any phase of Basic Services,the CONSULTANT will also be paid for such
services performed or furnished in accordance with this Agreement by the CONSULTANT during
that phase through the date of termination on the basis specified in Schedule(s)`B".Additionally,
the CONSULTANT will be paid for the charges of its subconsultants, subcontractors, or vendors
who performed or furnished Basic Services through the effective date of termination. The
SPONSOR shall also pay the CONSULTANT for all unpaid Additional Services and unpaid
Reimbursable Expenses, as well as for the CONSULTANT's reasonable expenses directly
attributable to termination in accordance with the rates for Additional Services set forth in
Schedule(s) `B"measured from the date of termination,including fair and reasonable sums for
overhead and profit and the costs of terminating the CONSULTANT's contracts with its
subconsultants, subcontractors, or vendors.
ARTICLE 13—SUSPENSION OF SERVICES
If the CONSULTANT's services hereunder are delayed or suspended,in whole or in part,by the SPONSOR for
more than thirty(30)calendar days,consecutively or in the aggregate,through no fault of the CONSULTANT,
then the CONSULTANT shall be entitled to equitable adjustments of rates and amounts of compensation to
reflect, among other things, reasonable costs incurred by the CONSULTANT in connection with the delay or
suspension and reactivation and the fact that the time for performance of the CONSULTANT's services
hereunder has been revised.If the delay or suspension persists for more than ninety(90)days,consecutively or
in the aggregate,then the CONSULTANT may consider the Project to have been abandoned by the SPONSOR and
may terminate this Agreement for cause.
7
F Trogect\211-TOWN OF SOUTHOLD\211017001-On and Off Airport Obstruction EvaluationWgreements\Destgn-CPFF doe 09/11
Upon the SPONSOR's resumption of its Project,and if the CONSULTANT has not terminated this Agreement for
cause,the CONSULTANT shall resume its services under this Agreement until the services are completed and
accepted, subject to any adjustment in the rates set forth in Schedule(s) `B"because of the passage of time.
ARTICLE 14—INTERCHANGE OF DATA
During the performance of this Agreement,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.
ARTICLE 15—DISPOSITION OF PROJECT DOCUMENTS
At the time of completion of its services and upon payment in full therefor, the CONSULTANT shall make
available to the SPONSOR copies of documents prepared as the result of this Agreement.These documents shall
then become the property of the SPONSOR and the maintenance of the data therein shall be the sole
responsibility of the SPONSOR.Any reuse of the documents by the SPONSOR or others on extensions of the
Project, or on any other project, without written verification or adaptation by the CONSULTANT and its
subconsultants, subcontractors, or vendors, as appropriate, for the specific purpose intended will be at the
SPONSOR's or other user's sole risk and expense and without liability or legal exposure to the CONSULTANT or
its subconsultants, subcontractors, or vendors. The SPONSOR shall indemnify the CONSULTANT, its
subconsultants,subcontractors,and vendors against,and hold them harmless from,all claims,damages,losses,
and expenses (including reasonable expert and attorneys' fees)arising out of or resulting from such reuse.
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 and subject to the terms of the above paragraphs.
ARTICLE 16—CODE OF ETHICS
The CONSULTANT specifically agrees that this Agreement may be canceled or terminated if any service 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", which is attached hereto and made a part hereof.
ARTICLE 17-INDEPENDENT CONTRACTOR
The CONSULTANT,in accordance with its status as an independent contractor, shall conduct itself consistent
with such status; shall neither hold itself out as nor claim to be an officer or employee of the SPONSOR by
reason hereof; and 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, workers'
compensation coverage,unemployment insurance benefits,Social Security coverage,or retirement membership
or credit.
ARTICLE 18—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 of New York or its licensees and the
FAA for public use.No material prepared in connection with this Project shall be subject to copyright.The
State and the FAA shall have the right to publish,distribute,disclose,or otherwise use any material prepared
under this Project, subject to the provisions of Article 15 hereof.
8
F\Project\211-TOWN OF SOUTHOLD\211017001-On and Off Airport Obstruction Evaluation\Agreements\Design-CPFF doe 09/11
ARTICLE 19—NEW YORK STATE PARTICIPATION
The services to be performed in this Agreement are included in a NYSDOT Project,which is being undertaken
and accomplished by the SPONSOR and the State of New York and pursuant to which the State of New York
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,makes 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 the State of New York.
ARTICLE 20—FEDERAL PARTICIPATION
The FAA is not a party to this Agreement,although the Project work program covered by this Agreement may
be financially aided in part by a Grant Agreement between the SPONSOR and the FAA. 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, including the requirements set forth in Schedules
"D", "F", "G", and "H" hereto. 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 FAA to the CONSULTANT.
The CONSULTANT and the SPONSOR agree that properly authorized officials of the FAA may from time to
time inspect all Project documents for the purpose of insuring compliance with Federal laws and protecting the
interests of the FAA.
ARTICLE 21—MISCELLANEOUS
A. The CONSULTANT shall require all persons employed to perform services hereunder, including its
subconsultants or subcontractors,vendors,agents,officers,and employees,to comply with applicable
laws in the jurisdiction in which the Project is located.
B. If any provision of this Agreement is held to be 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 it has not paid,and also agrees not
to pay, any bonus or commission for the purpose of obtaining any approval of this Agreement.
D. Any notice required under this Agreement shall be in writing,addressed to the appropriate party at the
address set forth above, and shall be given personally; by registered or certified first-class mail,
postage prepaid and return receipt requested;by facsimile transmission,with confirmation of receipt;
or by a nationally-recognized overnight courier service,with proof of receipt. Notice shall be effective
upon the date of receipt. For purposes of this Agreement, failure or refusal to accept receipt shall
constitute receipt nonetheless. Either party may change its address for notice by giving notice to the
other in accordance with the terms of this paragraph.
E. This Agreement, and the interpretation and enforcement of the provisions hereof,is governed by the
laws of the State of New York.
F. SPONSOR acknowledges that:
• CONSULTANT is not recommending any action to SPONSOR or other obligated person
hereunder that would cause CONSULTANT to be considered a municipal advisor for purposes
9
F\Prolect\211-TOWN OF SOUTHOLD\211017001-On and Off Airport Obstruction Evaluation\Agmements\Destgn-CPFF doc 09/11
of the Securities and Exchange Commission Registration of Municipal Advisors Rule, 78
Fed.Reg. 67468 (2013);
• CONSULTANT does not owe a fiduciary duty pursuant to Section 15B of the Securities
Exchange Act of 1934(15 U.S.C.78o-4)to SPONSOR or other obligated person with respect
to the information and material contained in this Agreement or any Project deliverable; and
• SPONSOR or other obligated person should discuss any information and material contained in
this Agreement or Project deliverable with any and all internal or external advisors and
experts that SPONSOR or other obligated person deems appropriate before acting on this
information or material.
ARTICLE 22—SUBCONSULTANTS/SUBCONTRACTORS AND VENDORS
All subconsultants and subcontractors performing services for or work on this Project shall be bound by the
same required provisions of this Agreement as is the CONSULTANT. As set forth above, all agreements
between the CONSULTANT and a subconsultant, subcontractor, or vendor shall include all standard required
contract provisions, and such agreements shall be subject to review by the NYSDOT and the FAA.
ARTICLE 23—FORCE MAJEURE
Any delay in or failure of performance of any party to this Agreement shall not constitute a default under this
Agreement nor give rise to any claim for damage, if and to the extent such delay or failure is caused by
occurrences or events beyond the control of the party affected, including, but not limited to, acts of God;
expropriation or confiscation of facilities or compliance with any order or request of government authority,
affecting to a degree not presently existing,the supply,availability,or use of personnel or equipment;loss of
utility services;blizzard;flood;fire;labor unrest;strikes;war;riot;or any cause the party is unable to prevent
with reasonable diligence.A party who is prevented from performing for any reason shall immediately notify
the other in writing of the reason for the nonperformance and the anticipated extent of any delay. Additionally,
if the delay resulting from any of the foregoing increases the cost of or time required by the CONSULTANT to
perform its services hereunder in an orderly and efficient manner,then the CONSULTANT shall be entitled to an
equitable adjustment in schedule and/or compensation.
ARTICLE 24—DISPUTE RESOLUTION
A. The SPONSOR and the CONSULTANT agree to negotiate in good faith for a period of thirty(30)days
from the date of notice of disputes between them prior to exercising their right under paragraph(B)
below. The thirty-day period may be extended upon mutual agreement of the parties.
B. If any dispute cannot be resolved pursuant to paragraph(A)above,and only if mutually agreed by the
SPONSOR and the CONSULTANT, said dispute and all unsettled claims, counterclaims, and other
matters in question between them arising out of or relating to this Agreement or the breach of any
provision hereof("disputes") shall be submitted to mediation by a mediator, to be selected by the
parties jointly,prior to a party initiating a legal action against the other, unless initiating mediation
would irrevocably prejudice one of the parties. It is the intention of the parties that any agreement
reached at mediation become binding. The cost of mediation shall be shared equally between the
parties.
10
F\Prglect@1 I-TOWN OF SOUTHOLD1211017001-On and Off Airport Obstruction EvaluattonWgreements\Destgn-CPFF doe 09/I1
IN WITNESS WHEREOF,this Agreement has been executed by the SPONSOR,acting by and through the Town
of Southold who has caused the seal of his or her office to be affixed hereto,and by the CONSULTANT,acting
by and through a duly-authorized officer,effective the day and year first above-written,subject to the approval
of the Commissioner of the NYSDOT,the State Comptroller, and the FAA.
SPONSOR(S) CONSULTANT
Fishers Island Ferry District C&S Engineers,Inc.
By: By:
Kirsten A. Cerro,P.E.
S eV
(Print Name)
Title: A � Title: Department Manager-Aviation Group
Date: Il 1r Date: ('� A, a2o�
Town of Southold
By:
Scott A. Russell
Title: Town Supervisor
Date:
11 '
F\Project\211-TOWN OF SOUTHOLD\21I017001-On and Off Au'port Obstruction Evaluation\Agreements\Destgn-CPFF doc 09/11
SCHEDULE A
SCOPE OF WORK
Project Title: On and Off Airport Obstruction Study
Airport Name: Elizabeth Field Airport—Town of Southold
Services Provided: Engineering,Obstruction Airspace Analysis
Project Description:
The CONSULTANT shall provide professional services for the preparation of an obstruction airspace
analysis of the FAR Part 77 Civil Airport Imaginary Surfaces of the Navigable Airspace of RAV 7-25 &
12-30. The Part 77 primary, approach, and transitional surfaces for each runway will be analyzed. Also
included will be an analysis of the Runway End Siting Requirements for the Approach and Departure
Surfaces in accordance with Appendix 2 of Advisory Circular 150/5300-13. The PAPI obstacle clearance
surface and applicable TERPS 20:1 visual surfaces will also be analyzed.The project is to be performed by
the SPONSOR with grant assistance from the Federal Aviation Administration(FAA)Airport Improvement
Program(AIP)and the New York State Department of Transportation(NYSDOT).
General and Administration Phase:
The CONSULTANT shall aid the SPONSOR by acting as its liaison and Project coordinator with the NYSDOT
and the FAA during the Project's design. In addition, the CONSULTANT shall assist the SPONSOR in the
preparation of paperwork required to secure funds for the Project. The specific services to be provided or
furnished for this Phase of the Project are the following:
1. Preparation of grant application packages; coordination of their execution by the Sponsor; and
submission to the funding agencies.
2. Preparation of reimbursement request packages; coordination of their execution by the Sponsor;
and submission to the funding agencies.
3. Throughout the project, aid the Sponsor by acting as its liaison and Project coordinator with the
funding agencies.
Obstruction Analysis:
An evaluation will be performed referencing the horizontal control to The North American Datum of 1983
(NAD 83), which is "The horizontal control datum for the United States, Canada, Mexico, and Central
America,based on a geocentric origin and the Geodetic Reference System 1980;and referencing the vertical
control to The North American Vertical Datum of 1988 (NAVD 88), which is the vertical control datum
established in 1991 by the minimum-constraint adjustment of the Canadian-Mexican-U.S. leveling
observations.
• The analysis will identify Title 14 CFR Part 77 obstructions within the primary, approach, and
transitional surfaces to runways 7-25 & 13-31. In addition, Runway End Siting Requirements for
each runway will be evaluated, identifying specific dimensions and slopes for each of the runway
ends based on the type of aircraft operations and instrumentation associated with each runway.The
TERPS 20:1 Visual surfaces per FAA Order 8260.313 will also be evaluated as a part of this project.
The evaluation will utilize as a guideline, Federal Aviation Regulation (FAR) Part 77, Objects
Affecting Navigable Airspace; Appendix 2 of Airport Design AC 150/5300-13; and Federal
Aviation Administration Order 8260.3B United States Standard for Terminal Instrument
A-1
Procedures (TERPS). The obstruction analysis will be based on the aforementioned aerial
photography combined with ground control points. All obstruction information will be submitted
to NGS in the required format identified in the advisory circular.
• At the conclusion of this analysis all data collected will be turned over to the airport sponsor.
Plan Preparation:
• Develop New Color Digital Orthographic Aerial photography and Ground Control as base
mapping,primary,approach,and transitional surface drawings will be prepared,at a scale of
1 inch= 800 feet, of R/W 7-25 & 12-30.•The drawings shall include a plan view of the area
with corresponding profiles of the FAR Part 77 Approach and the Runway End Siting
Approach Surface. Assumptions include a limit of aerial photography of 4,000 feet from the
existing runway ends,although based upon existing site conditions and the proximity of RW
ends 12,30,and 7 to the water,the limit of obstruction mapping is anticipated to only include
sufficient length and area to identify the obstructions that are identified. Approach and
Departure Runway End Siting Surface requirements will also be evaluated in the plans and
discussed within the report for those obstructions not located on airport property. The plans
will show the extent of required displacement of the threshold should the Off-Airport
obstructions not be removed, and the report will discuss the various options, costs and
benefits of partial Off-Airport obstruction removal and reduced displacement.
• Precision Approach Path Indicator (PAPI) glide path angle and obstacle clearance surface
(OCS) for both runway 7-25 and runway 12-30 will be analyzed with penetrating obstacles
identified in plan&profile, and discussed within the report.
• The Existing Airport Property Lines (EAPL) will be shown based on information obtained
from project records. Recent changes to the airport property lines will be incorporated into
the finished deliverable obstruction study documents. Off-Airport property lines will be
shown as obtained from county tax mapping information, along with tax mapping
identification numbering and property value assessment information. Off-Airport properties
containing obstructions to the various surfaces analyzed will be shown with ownership
identified as Tax parcel numbers.
• Regulated Wetlands will be plotted on the drawings from available plans and records.
Delineation of wetland areas is not included within the scope of work for this project.
• Editing of aerial mapping physical features and identified obstructions will be accomplished
by field site visits. At'the time of the field site visits, random photographs will be taken
depicting the type and extent of natural vegetation or physical feature of the identified
obstructions and will be included within the report. A comprehensive Data Table will be
prepared, listing the specifics of the objects that have been identified as being obstructions
to FAR Part 77 primary, approach, transitional and horizontal surfaces (within the limits of
the approach surface).Included in the Data Table will be a recommended plan of action(e.g.
removal of the obstacle, topping the penetrating portion of the natural vegetation, cutting
only in wetland areas,or lighting&marking of the object)as a treatment for each obstruction.
In addition, an analysis of the Runway End Siting Requirements in accordance with
Appendix 2 of the Advisory Circular 150/5300-13 will be provided,along with identification
of obstacles penetrating the runway departure surface. Identification of objects within the
Runway Protection Zone (RPZ) and within the Runway Safety Area (RSA) will be shown,
A-2
with recommendations as to whether these objects being beneath the Part 77 surface, but
within these areas, should be removed.
• An Engineer's Opinion of Probable Construction Costs for the recommended plan of action
for treatment of both On-Airport and Off-Airport obstructions will be developed and included
in the report. In addition,an Engineer's Opinion of Probable Costs for obtaining Off-Airport
Avigation easements, if necessary,will also be prepared.
Report Preparation:
An Obstruction Evaluation Report, will be prepared for submission to the SPONSOR, the FAA,
and the New York State Department of Transportation.
Aeronautical Survey(performed by Woolpert,Inc.—See Exhibit"A" attached to schedule A)
The consultant shall provide professional engineering, surveying, and project management
services related to the completion of the required aeronautical surveys. Using color aerial
mapping, this project will collect and submit required data for the areas beneath the primary,
approach and transitional surfaces for R/W 7-25 and 12-30. The data collection will be in
accordance with the Advisory Circulars identified below, which details the data collection
requirements and accuracies for the project and verification by the National Geodetic Survey
(NGS). The Aeronautical Survey will be performed referencing the horizontal control to The
North American Datum of 1983 (NAD 83),which is"The horizontal control datum for the United
States, Canada, Mexico, and Central America, based on a geocentric origin and the Geodetic
Reference System 1980; and referencing the vertical control to The North American Vertical
Datum of 1988 (NAVD 88), which is the vertical control datum established in 1991 by the
minimum-constraint adjustment of the Canadian-Mexican-U.S. leveling observations.
• AC 150/5300-16A "General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic Survey."
• AC 150/5300-17B "General Guidance and Specifications for Aeronautical Survey Airport
Imagery Acquisition and Submission to the National Geodetic Survey."
• AC 150/5300-18B "General Guidance and Specifications for Submission of Aeronautical
Surveys to NGS: Field Data Collection and Geographic Information System(GIS) Standards"
Geodetic Control:
The following are the specific tasks to be completed by the consultant.
1. Geodetic Control and Submission to the National Geodetic Survey.
• As of this writing, there are no Primary Airport Control or Secondary Airport Control
Stations located at the airport. Temporary Survey Marks (TSMs) will be utilized as the
basis of survey control. Airport Imagery Acquisition and Submission to the National
Geodetic Survey.
• Acquire airport imagery of the airport in support of airport surveys. The imagery accuracy
shall, at minimum,be as specified on page 8, Table 1,of FAA AC 150/5300-17B entitled
"General Guidance and Specifications for Aeronautical Survey: Airport Imagery
Acquisition and Submission to the National Geodetic Survey", dated September 29, 2008,
for Map Scale 1"=800'.
A-3
• Submit imagery to the National Geodetic Survey and acquire approval.
• All work shall be performed in accordance with FAA AC 15045300-17B entitled"General
Guidance and Specifications for Aeronautical Survey: Airport Imagery Acquisition and
Submission to the National Geodetic Survey,"dated September 29,2008.
2. Field Data Collection and Geographic Information System Standards:
• Collect Data through field and office methodologies in support of the FAA Airport
Surveying-GIS Program. Airport data features will be collected as part of this project,and
as indicated on Table 2-1 Survey Requirements Matrix as stated in section 2.6.9 of AC
150/5300-18B. Features names and reference numbers are to be as specified in Chapter 5
of FAA AC 150/5300-18B entitled" General Guidance are Specifications of Submission
of Aeronautical Data Collection and Geographic Information Systems (GIS) Standards,"
dated September 29,2008.
• The consultant will submit data to the FAA who will forward critical data to the National
Geodetic Survey for independent verification and validation
• All work shall be performed in accordance with FAA AC 1 50/5300-18B entitled"General
Guidance and Specifications and Submission of Aeronautical Data Collection and
Geographic Information Systems(GIS) Standards,"dated May 22,2009.
Estimated Schedule
Work Item Completion Date
Executed Engineer's Agreement/Notice To Proceed AUGUST 2018
Aerial Photography and Ground Control Obtained OCTOBER 2018
Digital Ortho-Imagery&Identified Surface Obstructions Delivered JANUARY 2019
35%Obstruction Plans&Profile Submittal MARCH 2019
90%Plans&Profile;Treatment Table; and Report Submittal JUNE 2019
Final Document Submissions AUGUST 2019
A-4
ARCH ITECTURAUENGINEERING
COMPANIES COST SUMMARY
SCHEDULE "B"
OBSTRUCTION ANALYSIS & REPORT
PROJECT NAME• AIRPORT-WIDE OBSTRUCTION EVALUATION DATE. 25-Jun-18
PROJ DESCRIPTION AIRPORT-WIDE OBSTRUCTION STUDY AND EVALUATION A/E• C&S ENGINEERS,INC
PROJECT NO. 211
CLIENT: TOWN OF SOUTHOLD/FISHERS ISLAND FERRY DISTRICT C&S CONTACT TJH
CLIENT MANAGER: Gordon S Murphy
I. ESTIMATE OF DIRECT SALARY COSTS: MAXIMUM AVERAGE
RATE OF PAY RATE OF PAY ESTIMATED ESTIMATED
TITLE ($/HR) ($/HR) @ HOURS COST
A. SERVICE GROUP/ASSOCIATE MANAGER $8650 $8220 X 0 = $0.00
B DEPARTMENT MANAGER $71.40 $6480 X 0 = $0.00
C MANAGING/CHIEF ENGINEER $63.90 $5610 X 72 = $4,039.00
D PRINCIPAL ENGINEER $60.60 $56.50 X 0 = $000
E SENIOR PROJECT ENGINEER $54.60 $47.30 X 162 = $7,66300
F. PROJECT ENGINEER/ENV SCIENTIST $44.40 $3980 X 50 = $1,99000
G. ENGINEER $40.40 $33.30 X 198 = $6,59300
H. STAFF ENGINEER $31.90 $27.90 X 0 = $000
1 SENIOR DESIGNER $42.70 $39.40 X 204 = $8,03800
J DESIGNER $32.40 $2760 X 0 = $000
K. CADD OPERATOR/DESIGN TECHNICIAN $31.40 $28.40 X 40 = $1,136.00
L ADMINISTRATIVE ASSISTANT $2820 $24.50 X 12 = $294.00
M INTERN $19.50 $16.30 X 0 = $0.00
N GRANTS ADMINISTRATOR $34.40 $3280 X 20 = $65600
O ASSISTANT GRANTS ADMINISTRATOR $27.80 $26.50 X 40 = $1,060.00
P MANAGING PLANNER $58.70 $5590 X 0 = $000
Q. SENIOR PROJECT PLANNER $50.60 $48.20 X 40 = $1,92800
R PLANNER $33.60 $31.10 X 0 = $0.00
S STAFF PLANNER $30.60 $2840 X 0 = $0.00
T SENIOR/MANAGING ARCHITECT $5550 $5450 X 0 = $0.00
U SENIOR GIS ANALYST $3520 $33.60 X 0 = $000
V. GEOLOGIST $3460 $3300 X 0 = $0.00
W ENVIRONMENTAL SCIENTIST $3240 $3030 X 0 = $0.00
X SENIOR CONSTRUCTION SUPERVISOR $77.90 $69.20 X 0 = $000
Y CONSTRUCTION SUPERVISOR $44.40 $4220 X 0 = $000
Z RESIDENT ENGINEER $50.90 $4560 X 0 = $0.00
AA CHIEF INSPECTOR $45.00 $3870 X 0 = $0.00
BB SENIOR INSPECTOR $41.60 $3450 X 0 = $0.00
CC INSPECTOR $33.00 $3140 X 0 = $000
DD. JUNIOR INSPECTOR $21.60 $2060 X 0 = $0.00
EE. SENIOR TECHNICAL ADMINISTRATOR $35.70 $3210 X 0 = $000
FF SENIOR PROJECT LANDSCAPE ARCHITECT $44.40 $4220 X 0 = $000
GG. PROJECT LANDSCAPE ARCHITECT $42.00 $4010 X 0 = $000
TOTAL ESTIMATED DIRECT SALARY COST: $33,39700
II. OVERHEAD EXPENSES&PAYROLL BURDEN PER SCHEDULE"C"-
(AGREED OVERHEAD EXPRESSED AS A PERCENTAGE
OF DIRECT SALARY COST): 16600% $55,439.00
III. SUBTOTAL OF ITEMS I&II: $88,836.00
B-1
IV. ESTIMATE OF DIRECT EXPENSES:
A TRAVEL,BY AUTO
2 TRIPS @ 640 MILES/TRIP @ $0535 = $68480
B PER DIEM
3 DAYS @ 1 PERSONS @ $19400 = $58200
C. MISCELLANEOUS: _ $7180
TOTAL ESTIMATE OF DIRECT EXPENSES• $1,33860
V. FIXED FEE(PROFIT,LUMP SUM):
A LABOR PLUS OVERHEAD. 15% (OF III) $13,32540
B DIRECT EXPENSES• 0% (OF IV) $0.00
TOTAL FIXED FEE- $13,325.40
VI. SUBCONTRACTS:
A WOOLPERT,INC (AERIAL SURVEYING AND MODELING) $65,00000
VII. TOTALS:
A. MAXIMUM TOTAL COST FOR DESIGN SERVICES,AGREEMENT TOTAL&FAA ELIGIBLE: $168,500.00
B-2
SCHEDULE "C"
C&S ENGINEERS, INC
AGREED OVERHEAD
Indirect Labor 13,833,871 80%
P/R Taxes & Benefits 5,563,283 32%
Legal &Accounting 235,447 1%
Rent& Maintenance 2,263,483 13%
Utilities 129,165 1%
Office Supplies 685,114 4%
Telephone/Internet 666,017 4%
Professional Activity 217,843 1%
Business Development 393,061 2%
Auto &Truck Expenses 892,789 5%
Insurance 644,954 4%
Office Equipment Rent/Maintenance 2,282,451 13%
Library& Reference Data 249,547 1%
Depreciation 774,903 4%
TOTAL INDIRECT EXPENSES 28,831,928 166%
TOTAL DIRECT LABOR 17,350,990
END OF SCHEDULE
C-1
F\Project\211-TOWN OF SOUTHOLD\211017001-On and Off Alport Obstruction Evaluation\Agreements\Design-CPFF doe
01/16
SCHEDULE E
(RESOLUTION TO BE INSERTED)
F\Prolect\211-TOWN OF SOUTHOLDt211017001-On and Of Airport Obstruction EvaluattonWgreements\Design-CPFF doe 09/04
SCHEDULE F
ENGINEER'S REPORT
The following has been compiled as guidance covering what will be reflected in an Engineer's Report:
Chapter I-Introduction
1. Scope—A brief explanation of the scope of the proposed development as indicated in the Tentative
Allocation, and how it fits in with the present and future development of the airport as shown on the
approved Airport Layout Plan.This is not to be construed as another justification of the item(s)which
has(have)already been accomplished during the development and processing of the Request for Aid.
However, the Request for Aid and Tentative Allocation letter should be included in this section.
2. Environmental and Safety Consideration— Fulfillment of environmental consideration and
commitments as per the project Environmental Clearance issued by the FAA and AC 150/5370-2,
"Operational Safety on Airports During Construction."
3. Applicable FAR Part 77 Surfaces.Include sketch of applicable FAR Part 77 surfaces showing any
obstruction, plan, and profile, and any pertinent data and/or discussion concerning them, especially
with respect to the proposed project.
4. State what is the critical aircraft for design purposes and the basis of selection.
Chapter II-Design
1. Design Standards—A listing of the applicable Advisory Circulars that are current on the date of the
Tentative Allocation as shown in the latest tri-annual listing in the Federal Register and which are
mandatory as per Paragraph 83 and Appendix I of FAR Part 152.In the event the SPONSOR/Engineer
wishes to use either draft or non-mandatory Advisory Circulars or other standards,a written request,
including the rationale therefore, shall be promptly submitted through the SPONSOR for FAA
consideration and inclusion in the report. The processing of the request shall be accomplished in
accordance with Order 5300.1A.Include a discussion as to any variances from the design standards
and request for waivers.
2. Unusual Local Conditions—Identification and explanation of local conditions not covered by the
standards listed in above item(1)which will require modification.This should include a discussion of
the local condition, alternative solutions, recommended solution, and the rationale for same. The
discussion shall also include economics, scheduling, methods, and effect on other facilities,
operations,parties, etc.Some typical items that may generate this type of discussion are:
A. unusual soil classification,including drainage and structural characteristics;
B. unusual weather conditions, such as precipitation and temperature;
C. availability, proximity, and costs of construction material, manpower, on and off-site
equipment, and plans, etc.;
D. special design to accommodate unusual equipment and/or operations (e.g., off-hour
construction or non-standard construction procedures).
F-1
F\Prolect\.211-TOWN OF SOUTHOLD\211017001-On and Off Airport Obstruction EvaluahonWgreements\Design-CPFF doc 09/04
3. Soils Report and Other Test Reports.Either a separate document or include in Engineer's Report.In
soils report discuss reason for stopping borings at given elevations,assumption used in report and why
the number and types of tests were chosen.If separate,it should be referenced in Engineer's Report.
4. Lighting—Discussion should include the following:
A. Lighting system layout,including approach survey for VASI.
B. Plan and profile sketch for NAVAID projects.
C. Series lighting design (HIRL,MIRL, MITL, Centerline,TDZ), including:
1) Physical layout sketch;
2) Present regulator rating, condition, and load;
3) Proposed load under this project;
4) Future load;
5) Wire sizes and length of runs.
Chapter)u- Contract Provisions and Eligibility
1. Contract Technical Provisions—Discussion on the adaptation of the construction contracts'
technical provisions in order to avoid conflicts between the technical requirements of the SPONSOR,
the FAA, and other Grantor Agencies.Typical areas for consideration are:
A. Asphalt and concrete pavements (e.g.,P-401&P-501)
B. Drainage structures
C. Fencing(type,etc.)
D. Concrete
E. Turfing
F. Excavation and embankment
G. Painting
H. Alternate bids
2. Contract General Provisions—(Non-Technical).Discussion on the adaptation of the construction
contract's general (non-technical) provisions in order to avoid conflicts between the procurement
requirements of the SPONSOR,the FAA,and other Grantor Agencies.Typical areas for consideration
are:
A. Definitions
B. State,Federal, and local wage rates and labor provisions
C. EEO provisions, including Hometown or Imposed Plans
D. Insurance
E. Bid,payment and performance bonds
F. Payment provisions and application
G. Change Orders
F-2
F\Project\2l 1-TOWN OF SOUTHOLD\211017001-On and Off Airport Obstruction Evaluation\Agreements\Destgn-CPFF.doc 09/04
H. Claims
I. Extra work
J. Material submissions, substitutions and approvals
K. Survey and layout procedure and responsibility
L. Guaranty and warranty procedure and responsibility
M. "As Built"information and responsibility
N. Pre-Construction Conference
O. Notice to Proceed
P. Stop Orders
Q. Time extensions
R. Airport operations and requirements
S. Repair and/or replacement or damage facility requirements
T. Work schedule(bar chart, PERT, etc.)
U. Bidding forms and requirements
V. SPONSOR and Grantor Agency authority and responsibilities
W. Safety(Order EA 5210.1)
3. Non-Eligible Work.Identification,justification and details of separation of non-eligible work to be
included in ADAP contract.This shall also cover the impact that the non-eligible work will have on
costs and scheduling of ADAP work.
4. Eligible Work to be Done by Others—Identification,justification and details of eligible work to be
done by others,such as utility companies,Sponsor Force Account,etc.This shall also cover the impact
that others doing eligible work will have on costs and scheduling of ADAP work.
5. Scheduling and Coordination—Identification, justification and details of scheduling and
coordination where project work will impact or be impacted by other parties and/or activities such as
airport users, airlines, public, FBO, National Weather Service, FAA Sponsor, other contractors,
military,utilities,concessionaires,etc.This discussion shall also cover the economic conditions of the
general and local construction market conditions,with a view to obtaining the most advantageous bids.
Included in the discussions should be what effect the Grantor Agency's (FAA, State,Sponsor, etc.)
commitments have on the schedule.
6. Submittal of the Engineer's Report.The Engineer's Report will accompany each submittal of the
plans and specifications, to the degree of development commensurate with the submittal itself.The
Sponsor/Engineer must understand that without submittal of the Engineer's Report, the plans and
specifications will be returned without comments.
END OF SCHEDULE
F-3
F\Prolect\211-TOWN OF SOUTHOLD\211017001-On and Off Airport Obstruction EvaluationWgreements\Design-CPFF doc 09/04
SCHEDULE G
CERTIFICATION OF CONSULTANT
I hereby certify that I am the Manager of the Airport Services Group and a duly authorized representative of the
firm of C&S Engineers,Inc.,whose address is 499 Col.Eileen Collins Blvd.,Syracuse,NY,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.
6J U0 , WE I" 6-M,2
Date Kirsten A. Cerro,P.E.
Department Manager, Aviation Group
END OF SCHEDULE
G-1
F\Project\211-TOWN OF SOUTHOLD\211017001-On and Off Airport Obstruction Evaluation\Agreements\Design-CPFF doc 09/04
SCHEDULE H
AIRPORT AID PROGRAM
A/E SERVICES REQUIRED FEDERAL CONTRACT PROVISIONS
For purposes of this schedule the term"Contractor"or"Consultant"shall refer to"Consultant"as that term is defined
in the Agreement to which this schedule is attached.
ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal
Aviation Administration,and the Comptroller General of the United States or any of their duly authorized representatives access to
any books,documents,papers,and records of the contractor which are directly pertinent to the specific contract for the purpose of
making audit,examination,excerpts and transcriptions.The Contractor agrees to maintain all books,records and reports required
under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or
termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
Sponsor will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must
undertake in order to avoid termination of the contract. Sponsor reserves the right to withhold payments to Contractor until such time
the Contractor corrects the breach or the Sponsor elects to terminate the contract.The Sponsor's notice will identify a specific date by
which the Contractor must correct the breach. Sponsor may proceed with termination of the contract if the Contractor falls to correct
the breach by deadline indicated in the Sponsor's notice. The duties and obligations Imposed by the Contract Documents and the
rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations,rights and remedies
otherwise imposed or available by law.
GENERAL CIVIL RIGHTS PROVISIONS
The contractor agrees to comply with pertinent statutes,Executive Orders and such rules as are promulgated to ensure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity
conducted with or benefiting from Federal assistance.
This provision binds the contractors and subtier contractors from the bid solicitation period through the completion of the contract.
This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
CIVIL RIGHTS-TITLE VI ASSURANCES.
Title VI Solicitation Notice:
The Sponsor in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat.252,42 U.S.C. §§2000d to
2000d-4)and the Regulations,hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race,color,or national origin in consideration for an award.
Compliance with Nondiscrimination Requirements
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(hereinafter includes consultants)will comply with the Title VI List of
Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor,with regard to the work performed by it during the contract,will not discriminate on
the grounds of race,color,or national origin in the selection and retention of subcontractors,including procurements of
materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited
by the Acts and the Regulations,including employment practices when the contract covers any activity,project,or program
set forth in Appendix B of 49 CFR part 21.
H-1
F\PROIECM211-TOWN OF SOUTHOLD\211017001-ON AND OFF AIRPORT OBSTRUCTION EVALUATIONWGREEMENTS\DESIGN-CPFF DOC 09/04
3. Solicitations for Subcontracts, Including Procurements 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 will be notified by the contractor
of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the
grounds of race,color,or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts,the Regulations,and
directives issued pursuant thereto and will 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 to be pertinent to ascertain
compliance with such Nondiscrimination Acts, and authorities and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish the information,the contractor will so
certify to the sponsor or the Federal Aviation Administration,as appropriate,and will set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination provisions of this
contract,the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be
appropriate,including,but not limited to:
a. Withholding payments to the contractor under the contract until the contractor complies;and/or
b. Cancelling,terminating,or suspending a contract,in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract,
including procurements of materials and leases of equipment,unless exempt by the Acts,the Regulations and directives
issued pursuant thereto. The contractor will take 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,that if the contractor becomes involved in,or is threatened with litigation by a subcontractor,or
supplier because of such direction,the contractor may request the sponsor to enter into any litigation to protect the interests
of the sponsor. In addition,the contractor may request the United States to enter into the litigation to protect the interests of
the United States.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract,the contractor,for itself,its assignees,and successors in interest(hereinafter referred to as the
"contractor")agrees to comply with the following non-discrimination statutes and authorities;including but not limited to:
• Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.,78 stat.252),(prohibits discrimination on the basis of
race,color,national origin);
• 49 CFR part 21(Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of
Title VI of The Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601),(prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and
projects);
• Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 et seq.),as amended,(prohibits discrimination on the basis
of disability);and 49 CFR part 27;
• The Age Discrimination Act of 1975,as amended,(42 U S.C.§6101 et seq.),(prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982,(49 USC §471,Section 47123), as amended,(prohibits discrimination
based on race,creed,color,national origin,or sex);
• The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of
the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by
expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid
recipients,sub-recipients and contractors,whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the basis of disability in
the operation of public entities,public and private transportation systems,places of public accommodation,and certain
testing entities(42 U.S.C.§§ 12131-12189)as implemented by Department of Transportation regulations at 49 CFR parts
37 and 38;
• The Federal Aviation Administration's Non-discrimination statute(49 U.S.C.§47123)(prohibits discrimination on the
basis of race,color,national origin,and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and
activities with disproportionately high and adverse human health or environmental effects on minority and low-income
H-2
F\PROJECM 11-TOWN OF SOUTHOLD\211017001-ON AND OFF AIRPORT OBSTRUCTION EVALUATIONWGREEMENTS\DESIGN-CPFF DOC 09/04
populations;
• Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,and resulting agency
guidance,national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure
compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs(70 Fed.Reg.at 74087 to 74100);
• Title IX of the Education Amendments of 1972,as amended,which prohibits you from discriminating because of sex in
education programs or activities(20 U.S.C. 1681 et seq).
CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards,orders,and regulations issued pursuant to the Clean Air Act(42 U.S.C.§
740-767lq)and the Federal Water Pollution Control Act as amended(33 U.S.C.§ 1251-1387).The Contractor agrees to report any
violation to the Sponsor immediately upon discovery.The Sponsor assumes responsibility for notifying the Environmental Protection
Agency(EPA)and the Federal Aviation Administration.Contractor must include this requirement in all subcontracts that exceed
$150,000.
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
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,including watchmen and guards,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 paragraph(1)above,the contractor and any subcontractor responsible
therefor 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 with respect to each individual laborer or mechanic,including
watchmen and guards,employed in violation of the clause set forth in paragraph 1 above,in the sum of$10 for each calendar day
on 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 paragraph(1)above.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or 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 monies 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 paragraph(2)above.
4. Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs(1)through(4)and also a
clause requiring the subcontractor 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 paragraphs(1)through
(4)of this section.
CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently
debarred or suspended by any Federal department or agency from participation in this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder,by administering each lower tier subcontract that exceeds$25,000 as a"covered transaction",must verify each
lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from
participation in this federally assisted project. The successful bidder will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov
2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension(Bidder or
Offeror),above.
H-3
F 1PROJEC11,211-TOWN OF SOUTHOLD\211017001-ON AND OFF AIRPORT OBSTRUCTION EVALUATIONWGREEMENTS\DESIGN-CPFF DOC 09/04
t
3. Inserting a clause or condition in the covered transaction with the lower tier contract
If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or
disqualified at the time it entered the covered transaction,the FAA may pursue any available remedies,including suspension and
debarment of the non-compliant participant.
DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance(§26.13)-The contractor or subcontractor shall not discriminate on the basis of race,color,national origin,or
sex in the performance of this contract.The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT assisted contracts.Failure by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy,as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than 15days from the receipt of each payment the prime contractor receives from Sponsor.The
prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is
satisfactorily completed.Any delay or postponement of payment from the above referenced time frame may occur only for good cause
following written approval of the Sponsor.This clause applies to both DBE and non-DBE subcontractors.
The requirements of 49 CFR part 26 apply to this contract.It is the policy of the Sponsor to practice nondiscrimination based on race,
color,sex or national origin in the award or performance of this contract.Sponsor encourages participation by all firms qualifying
under this solicitation regardless of business size or ownership.
TEXTING WHEN DRIVING
In accordance with Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving"(10/1/2009)and DOT
Order 3902.10"Text Messaging While Driving"(12/30/2009),the FAA encourages recipients of Federal grant funds to adopt and
enforce safety policies that decrease crashes by distracted driers, including policies to ban text messaging while driving when
performing work related to a grant or sub-grant.
In support of this initiative,Sponsor encourages the Contractor to promote policies and initiatives for its employees and other work
personnel that decrease crashes by distracted drivers,including policies that ban text messaging while driving motor vehicles while
performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier
contracts exceeding$3,500 and involve driving a motor vehicle in performance of work activities associated with the project.
ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in
the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C.6201et seq).
EQUAL OPPORTUNITY CLAUSE
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 ensure that applicants are employed,and that
employees are treated during employment without regard to their race,color,religion,sex,sexual orientation,gender identify 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 forms of 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 considerations 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 of September 24, 1965,as amended,and
of 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 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 administering agency 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 of September 24, 1965,and such other sanctions may be imposed and
H-4
F\PROJEC I I-TOWN OF SOUTHOLD\211017001-ON AND OFF AIRPORT OBSTRUCTION EVALUATIONWGREEMENTS\DESIGN-CPFF DOC 09/04
remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary
of Labor,or as otherwise provided by law.
(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 of 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 administering agency 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 administering agency the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201,the Federal
Fair Labor Standards Act(FLSA),with the same force and effect as if given in full text. The FLSA sets minimum wage,overtime pay,
recordkeeping,and child labor standards for full and part time workers. The Contractor has full responsibility to monitor compliance
to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly
with the U.S.Department of Labor—Wage and Hour Division
CERTIFICATION REGARDING LOBBYING
The bidder or offeror certifies by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the Bidder or Offeror,to any person for
influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee
of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making
of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,
or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with
its instructions
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards
at all tiers(including subcontracts,sub-grants,and contracts under grants,loans,and cooperative agreements)and that all
sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.
Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more
than$100,000 for each such failure.
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with
the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that
may cause death or serious physical harm to the employee.The Contractor retains full responsibility to monitor its compliance and
their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970(20 CFR Part
1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S.Department of
Labor—Occupational Safety and Health Administration.
RIGHTS TO INVENTIONS
Contracts or agreements that include the performance of experimental,developmental,or research work must provide for the rights of
the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401,Rights to Inventions Made by
Non-profit Organizations and Small Business Firms under Government Grants,Contracts,and Cooperative Agreements. This contract
incorporates by reference the patent and inventions rights as specified within in the 37 CFR§401.14. Contractor must include this
requirement in all sub-tier contracts involving experimental,developmental or research work.
TERMINATION OF CONTRACT
H-5
F\PROJECT\211-TOWN OF SOUTHOLD\211017001-ON AND OFF AIRPORT OBSTRUCTION EVALUATIONWGREEMENTS\DESIGN-CPFF DOC 09/04
Termination for Convenience-The Sponsor may,by written notice to the Consultant,terminate this Agreement for Its
convenience and without cause or default on the part of Contractor.Upon receipt of the notice of termination,except as
explicitly directed by the Sponsor,the Contractor must immediately discontinue all services affected.Upon termination of the
Agreement,the Contractor must deliver to the Sponsor all data,surveys,models,drawings,specifications,reports,maps,
photographs,estimates,summaries,and other documents and materials prepared by the Contractor under this contract,whether
complete or partially complete.Sponsor agrees to make just and equitable compensation to the Contractor for satisfactory work
completed up through the date the Contractor receives the termination notice. Compensation will not include anticipated profit
on non-performed services. Sponsor further agrees to hold Contractor harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
Termination for Default-Either party may terminate this Agreement for cause If the other party fails to fulfill its obligations
that are essential to the completion of the work per the terms and conditions of the Agreement.The party initiating the
termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party[7]days advance written notice of its intent to terminate the
Agreement.The notice must specify the nature and extent of the breach,the conditions necessary to cure the breach,and the
effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies
provided by law or under this agreement.
a) Termination by Sponsor:The Sponsor may terminate this Agreement in whole or in part,for the failure of the
Consultant to:
1. Perform the services within the time specified in this contract or by Sponsor approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project;
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination,the Consultant must Immediately discontinue all services affected unless the
notice directs otherwise. Upon termination of the Agreement,the Consultant must deliver to the Sponsor all data,surveys,
models,drawings,specifications,reports,maps,photographs,estimates,summaries,and other documents and materials
prepared by the Engineer under this contract,whether complete or partially complete.
Sponsor agrees to make dust and equitable compensation to the Consultant for satisfactory work completed up through the
date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed
services.
Sponsor further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of
the termination action under this clause.
If,after finalization of the termination action,the Sponsor determines the Consultant was not in default of the Agreement,
the rights and obligations of the parties shall be the same as if the Sponsor issued the termination for the convenience of the
Sponsor.
b) Termination by Consultant-The Consultant may terminate this Agreement in whole or in part,if the Sponsor:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the Project for more than[180]days due to reasons beyond the control of the Consultant.
Upon receipt of a notice of termination from the Consultant,Sponsor agrees to cooperate with Consultant for the purpose
of terminating the agreement or portion thereof,by mutual consent. If Sponsor and Consultant cannot reach mutual
agreement on the termination settlement,the Consultant may,without prejudice to any rights and remedies it may have,
proceed with terminating all or parts of this Agreement based upon the Sponsor's breach of the contract.
In the event of termination due to Sponsor breach,the Engineer is entitled to Invoice Sponsor and to receive full payment
for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred
by the Consultant through the effective date of termination action.Sponsor agrees to hold Consultant harmless for errors
or omissions in documents that are incomplete as a result of the termination action under this clause.
TRADE RESTRICTION CERTIFICATION
By submission of an offer,the Offeror certifies that with respect to this solicitation and any resultant contract,the Offeror-
a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate
H-6
F\PROJECr\211-TOWN OF SOUTHOLD\211017001-ON AND OFF AIRPORT OBSTRUCTION EVALUATIONWGREEMENTS\DESIGN-CPFF DOC 09/04
against U.S.firms as published by the Office of the United States Trade Representative(U.S.T.R.);
b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a
foreign country included on the list of countries that discriminate against U.S.firms as published by the U S.T.R;and
c.has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign
country included on the list of countries that discriminate against U.S.firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United 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.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or
that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor
must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was
erroneous by reason of changed circumstances.
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 an Offeror or subcontractor:
(1)who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries
that discriminate against U.S.firms published by the U.S.T.R.or
(2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such
U.S.T.R.list or
(3)who incorporates in the public works project any product of a foreign country on such U.S.T.R.list;
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.
The Offeror agrees that,if awarded a contract resulting from this solicitation,it will incorporate this provision for certification without
modification in in all lower tier subcontracts.The contractor may rely on the certification of a prospective subcontractor that it is not a
firm from a foreign country included on the list of countries that discriminate against U.S.firms as published by U.S.T.R,unless the
Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined
that the Contractor or subcontractor knowingly rendered an erroneous certification,the Federal Aviation Administration may direct
through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
VETERAN'S PREFERENCE
In the employment of labor(excluding executive,administrative,and supervisory positions),the contractor and all sub-tier
contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered
veterans include Vietnam-era veterans,Persian Gulf veterans,Afghanistan-Iraq war veterans,disabled veterans,and small
business concerns(as defined by 15 U.S.C.632)owned and controlled by disabled veterans. This preference only applies
when there are covered veterans readily available and qualified to perform the work to which the employment relates.
END OF SCHEDULE
H-7
F\PROIECIl211-TOWN OF SOUTHOLD1211017001-ON AND OFF AIRPORT OBSTRUCTION EVALUATION%AGREEMENTS%DESIGN-CPFF DOC 09/04
SCHEDULEI
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 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. 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 builchng 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 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 penalty of penury,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.
I-1
F\PROJECT\211-TOWN OF SOUTHOLD\211017001-ON AND OFF AIRPORT OBSTRUCTION EVALUATION\AGREEMENTSOESIGN-CPFF DOC 09/04
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 240,1 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 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 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 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 adrmnistration
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(it)a written agreement in excess of$100,000.00 whereby a
I-2
F\PROJECT\211-TOWN OF SOUTHOLD\211017001-ON AND OFF AIRPORT OBSTRUCTION EVALUATION\AGREEMENTS\DESIGN-CPFF DOC 09/11
contracting agency is committed to expend or does expend funds for the acquisition,construction,demolition,
replacement,mayor repair or renovation of real property and improvements thereon;or(in)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,fob 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.
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(in)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.
18. Prohibition on Purchase of Tropical Hardwoods.The Contractor certifies and warrants that all wood products to
be used under this contract award will be in accordance with,but not limited to,the specifications and provisions
of Section 165 of the State Finance Law, (Use of Tropical Hardwoods)which prohibits purchase and use of
tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political
subdivision or public benefit corporation.Qualification for an exemption under this law will be the responsibility
I-3
F\PROIECT211-TOWN OF SOUTHOLD\211017001-ON AND OFF AIRPORT OBSTRUCTION EVALUATION\AGREEMENTS%DESIGN-CPFF DOC 09/11
of the contractor to establish to meet with the approval of the State.
In addition,when any portion of this contract Involving the use of woods,whether supply or installation,is to be
performed by any subcontractor,the prime Contractor will indicate and certify in the submitted bid proposal that
the subcontractor has been informed and is in compliance with specifications and provisions regarding use of
tropical hardwoods as detailed in§165 State Finance Law.Any such use must meet with the approval of the
State;otherwise,the bid may not be considered responsive.Under bidder certifications,proof of qualification for
exemption will be the responsibility of the Contractor to meet with the approval of the State.
19. Macbride Fair Employment Principles.In accordance with the MacBride Fair Employment Principles(Chapter
807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business
operations in Northern Ireland,or(b)shall take lawful steps in good faith to conduct any business operations in
Northern Ireland in accordance with the MacBride Fair Employment Principles(as described in Section 165 of
the New York State Finance Law),and shall permit independent monitoring of compliance with such principles.
20. Omnibus Procurement Act of 1992. It is the policy of New York State to maximize opportunities for the
participation of New York State business enterprises,including minority and women-owned business enterprises
as bidders,subcontractors and suppliers on its procurement contracts.
Information on the availability of New York State subcontractors and suppliers is available from:
NYS Department of Economic Development
Division for Small Business
30 South Pearl St--7a'Floor
Albany,New York 12245
Telephone:518-292-5220
Fax:518-292-5884
http://www.empire state.ny.us
A directory of certified minority and women-owned business enterprises Is available from: NYS Department of
Economic Development Division of Minority and Women's Business Development 30 South Pearl St--2nd Floor
Albany,New York 12245 Telephone:518-292-5250 Fax:518-292-5803 http://www empire.state.ny.us
The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable,
Contractors certify that whenever the total bid amount is greater than$1 million:a)The Contractor has made
reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and
subcontractors,including certified minority and women-owned business enterprises,on this project,and has
retained the documentation of these efforts to be provided upon request to the State; (b)The Contractor has
complied with the Federal Equal Opportunity Act of 1972(P.L.92-261),as amended;(c)The Contractor agrees
to make reasonable efforts to provide notification to New York State residents of employment opportunities on
this project through listing any such positions with the Job Service Division of the New York State Department of
Labor,or providing such notification in such manner as is consistent with existing collective bargaining contracts
or agreements.The Contractor agrees to document these efforts and to provide said documentation to the State
upon request;and(d)The Contractor acknowledges notice that the State may seek to obtain offset credits from
foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.
21. Reciprocity And Sanctions Provisions. Bidders are hereby notified that if their principal place of business is
located in a country,nation,province,state or political subdivision that penalizes New York State vendors,and if
the goods or services they offer will be substantially produced or performed outside New York State, the
Omnibus Procurement Act 1994 and 2000 amendments(Chapter 684 and Chapter 383,respectively)require that
they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of
discriminatory jurisdictions subject to this provision includes the states of South Carolina,Alaska,West Virginia,
Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of
jurisdictions subject to this provision.
22. Compliance with New York State Information Security Breach and Notification Act.Contractor shall comply
with the provisions of the New York State Information Security Breach and Notification Act(General Business
Law Section 899-aa;State Technology Law Section 208).
23. Compliance with Consultant Disclosure Law.If this is a contract for consulting services,defined for purposes of
this requirement to include analysis,evaluation, research, training, data processing, computer programming,
engineering,environmental,health,and mental health services,accounting,auditing,paralegal,legal or similar
services,then,in accordance with Section 163(4-g)of the State Finance Law(as amended by Chapter 10 of the
Laws of 2006),the Contractor shall timely,accurately and properly comply with the requirement to submit an
annual employment report for the contract to the agency that awarded the contract, the Department of Civil
Service and the State Comptroller.
24. Procurement Lobbying.To the extent this agreement is a"procurement contract"as defined by State Finance Law
Sections 139-j and 139-k,by signing this agreement the contractor certifies and affirms that all disclosures made
I-4
F IPROJECI1211-TOWN OF SOUTHOLD\2110I7001-ON AND OFF AIRPORT OBSTRUCTION EVALUATIONWGREEMENTS\DESIGN-CPFF DOC 09/11
in accordance with State Finance Law Sections 139-j and 139-k are complete,true and accurate.In the event such
certification is found to be intentionally false or intentionally incomplete,the State may terminate the agreement
by providing written notification to the Contractor in accordance with the terms of the agreement.
25. Certification of Registration To Collect Sales And Compensating Use Tax By Certain State Contractors,
Affiliates And Subcontractors. To the extent this agreement is a contract as defined by Tax Law Section 5-a,if
the contractor fails to make the certification required by Tax Law Section 5-a or if during the term of the contract,
the Department of Taxation and Finance or the covered agency,as defined by Tax Law 5-a,discovers that the
certification,made under penalty of perjury, is false, then such failure to file or false certification shall be a
material breach of this contract and this contract may be terminated,by providing written notification to the
Contractor in accordance with the terms of the agreement,if the covered agency determines that such action is in
the best interest of the State.
END OF SCHEDULE
I-5
F\PROJECT\211-TOWN OF SOUTHOLD\211017001-ON AND OFF AIRPORT OBSTRUCTION EVALUATIONWGREEMENTS\DESIGN-CPFF DOC 09/11
3 -36 - 0029 - 021 - 2018
�1
U.S.Department ORIGINAL
of Transportation
Federal Aviation
Administration +
GRANTAGREEMENT
PART I—OFFER
Date of Offer August 30, 2018
Airport/Planning Area Elizabeth Field
AIP Grant Number 3-36-0029-021-2018
DUNS Number 197736387
To: 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 July 6, 2018, for a grant of
Federal funds for a project at or associated with the Elizabeth Field Airport, which is included as part of
this Grant Agreement; and
WHEREAS,the FAA has approved a project for the Elizabeth Field Airport(herein called the "Project")
consisting of the following:
• Prepare an On and Off Airport Obstruction Study for RW 12-30 and RW 7-25 Approaches
which is more fully described in the Project Application.
NOW THEREFORE,According to the applicable provisions of the former Federal Aviation Act of 1958, as
amended and recodified,49 U.S.C. §40101, et seq., and the former Airport and Airway Improvement Act
of 1982 (AAIA), as amended and recodified,49 U.S.C. §47101, et seq., (herein the AAIA.grant statute is
referred to as"the Act"),the representations contained in the Project Application, and in consideration of
(a)the Sponsor's adoption and ratification of the Grant Assurances dated March 2014,and the Sponsor's
acceptance of this Offer; and, (b)the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the Grant Assurances and conditions as herein
provided.
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay ninety(90) percent of the allowable costs incurred accomplishing the
Project as the United States share of the Project.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is$155,700.
1
3 -36 - 0029 -021 -2018
allowable amounts for any future grant amendment,which may increase the foregoing maximum
obligation of the United States under the provisions of 49 U.S.C. §47108(b):
$155,700 for planning
$0 airport development or noise program implementation; and,
$0 for land acquisition.
2. Period of Performance.The period of performance begins on the date the Sponsor formally accepts this
agreement. Unless explicitly stated otherwise in an amendment from the FAA,the end date of the period
of performance is 4 years (1,460 calendar days) from the date of formal grant acceptance by the Sponsor.
The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of
performance (2 CFR§200.309). Unless the FAA authorizes a written extension,the sponsor must submit all
project closeout documentation and liquidate (pay off) all obligations incurred under this award no later
than 90 calendar days after the end date of the period of performance (2 CFR §200.343).
The period of performance end date does not relieve or reduce Sponsor obligations and assurances that
extend beyond the closeout of a grant agreement.
3. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
4. Indirect Costs-Sponsor.Sponsor may charge indirect costs under this award by applying the indirect cost
rate identified in the project application as accepted by the FAA,to allowable costs for Sponsor direct
salaries and wages.
5. Determining the Final Federal Share of Costs.The United States' share of allowable project costs will be
made in accordance with the regulations, policies, and procedures of the Secretary. 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.
6. Completing the Project Without Delay and in Conformance with Requirements.The Sponsor must carry
out and complete the project without undue delays and in accordance with this agreement, and the
regulations, policies, and procedures of the Secretary. Per 2 CFR§ 200.308,the Sponsor agrees to report
to the FAA any disengagement from performing the project that exceeds three months.The report must
include a reason for the project stoppage.The Sponsor also agrees to comply with the assurances which
are part of this agreement.
7. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw
this offer at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date.This offer will expire and the United States will 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 September 14,
2018 or such subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds.The Sponsor must 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 for 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 dispersed by
the Sponsor,that were originally paid pursuant to this or any other Federal grant agreement.The Sponsor
must obtain the approval of the Secretary as to any determination of the amount of the Federal share of
such funds.The Sponsor must return the recovered Federal share, including funds recovered by
settlement, order, or judgment,to the Secretary.The Sponsor must 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
2
3 - 36 -0029 -021- 2018
final positions of the Sponsor, in court.or otherwise, involving the recovery of such Federal share require
advance approval by the Secretary.
10. United States Not Liable for Damage,or Injury.The United States is not responsible or liable for damage
to property or injury to persons which may arise from, or be incident to, compliance with this grant
agreement.
11. System for Award Management 4SAM) Registration And Universal Identifier.
A. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from this
requirement under 2 CFR 25.110,the Sponsor must maintain the currency of its information in the
SAM until the Sponsor submits the final financial report required under this grant, or receives the final
payment,whichever is later.This requires that the Sponsor review and update the information at least
annually after the initial registration and more frequently if required by changes in information or
another award term.Additional information about registration procedures may be found at the SAM
website (currently at http://www.sam.gov).
B. Data Universal Numbering System: DUNS number means the nine-digit number established and
assigned by Dun and Bradstreet, Inc.-(D & B)to uniquely identify business entities. A DUNS number
may be obtained from D &B by telephone (currently 866-705-5771) or on the web (currently at
http://fedgov.dnb.com/webform).
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each payment
request under this agreement electronically via the Delphi elnvoicing System for Department of
Transportation (DOT) Financial Assistance Awardees.
13. Informal Letter Amendment of AIP Projects. If, during the life of the project,the FAA determines that the
maximum grant obligation of the United States exceeds the expected needs of the Sponsor by$25,000 or
five percent(5%), whichever is greater,the FAA can issue a letter amendment to the Sponsor unilaterally
reducing the maximum obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in
the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not
exceed the statutory limitations for grant amendments.The FAA's authority to increase the maximum
obligation does not apply to the "planning" component of condition No. 1.
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of
the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant.-If the Sponsor fails to comply with this requirement,the FAA may
suspend, cancel,or terminate this agreement.
15. Financial Reporting and Payment Requirements.The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submittal of timely and accurate reports.
16. Buy American. Unless otherwise approved in advance 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 which funds are provided under this grant.The Sponsor will
include a provision implementing Buy American in every contract.
17. Maximum Obligation Increase for Non-primary Airports. In accordance with 49 U.S.C. §47108(b), as
amended,the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer:
3
3 - 36 - 0029 -021 - 2018
A. May not be increased for a planning project;
B. May be increased by not more than 15 percent for development projects;
C. May be increased by not more than-15 percent or by an amount not to exceed 25 percent of the total
increase in allowable costs attributable to the acquisition of land or interests in land, whichever is
greater, based on current credible appraisals or a court award in a condemnation proceeding.
18. Suspension or Debarment.When entering into a "covered transaction" as defined by 2 CFR§180.200,the
Sponsor must:
A. Verify the non-federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System for Award
Management(SAM)to determine if the non-federal entity is excluded or disqualified; or
2. Collecting a certification statement from the non-federal entity attesting they are not excluded or
disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded
or disqualified from participating.
B. Require prime contractors to comply with 2 CFR§180.330 when entering into lower-tier transactions
(e.g.Sub-contracts).
C. Immediately disclose to the FAA whenever the Sponsor(1) learns they have entered into a covered
transaction with an ineligible entity or(2) suspends or debars a contractor, person, or entity.
19. Ban on Texting While Driving.
A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving, October 1, 2009, and DOT Order 3902.10,Text Messaging While Driving, December 30,2009,
the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
including policies to ban text messaging while driving when performing any work for, or on behalf
of,the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business,such
as:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks associated
with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants,
contracts and subcontracts.
20. AIP Funded Work Included in a PFC Application.
Within 90 days of acceptance of this award, Sponsor must submit to the Federal Aviation Administration
an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC
project also covered under this grant award.The airport sponsor may not make any expenditure under
this award until project work addressed under this award is removed from an approved PFC application by
amendment.
21. Exhibit "A" Property Map.The Exhibit"A" Property Map dated October 2010, is incorporated herein by
reference or is submitted with the project application and made part of this grant agreement.
4
3 -36 -0029 -021 - 2018
22. Employee Protection from Reprisal.
A. Prohibition of Reprisals-
1. In accordance with 41 U.S.C. §4712, an employee of a grantee or subgrantee may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or
body described in sub-paragraph (A)(2), information that the employee reasonably believes is
evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety; or
V. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered:The persons and bodies to which a disclosure by an employee is
covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal office or employee responsible for oversight of a grant program;
V. A court or grand jury;
vi. A management office of the grantee or subgrantee; or
vii. A Federal or State regulatory enforcement agency.
3. Submission of Complaint—A person who believes that they have been subjected to a reprisal
prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the
Office of Inspector General (OIG)for the U.S. Department of Transportation.
4. Time Limitation for Submittal of a Complaint-A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General—Actions, limitations and exceptions of the Inspector
General's office are established under 41 U.S.C. §4712(b)
6. Assumption of Rights to Civil Remedy- Upon receipt of an explanation of a decision not to conduct
or continue an investigation by the Office of Inspector General,the person submitting a complaint
assumes the right to a civil remedy under4l U.S.C. §4712(c).
23. Disadvantaged Business Enterprise (DBE)/Airport Concessions Disadvantaged Business Enterprise
(ACDBE) Program.The Sponsor understands and agrees that the FAA will not make nor be obligated to
make any payments on this grant until the Sponsor has received from the FAA Office of Civil Rights
approval of its DBE Program (reflecting compliance with 49 CFR Part 26), and if applicable its ACDBE
program.
24. Environmental.The environmental approval for this project was issued on May 17, 2018.
The Sponsor understands and agrees to complete the above-listed mitigation measures to standards
satisfactory to the FAA. It is further mutually agreed that the reasonable cost of completing these
mitigation measures is an allowable cost within the scope of this project.
25. Protection of Runway Protection Zone-Airport Property.The Sponsor agrees to prevent the erection or
creation of any structure, place of public assembly, or other use in the runway protection zone, as
depicted on the Exhibit"A": Property Map, except for NAVAIDS that are fixed by their functional purposes
or any other structure permitted by the FAA.The Sponsor further agrees that any existing structures or
5
3 - 36 - 0029 -021 - 2018
uses within the Runway Protection Zone will be cleared or discontinued by the Sponsor unless approved
by the FAA.
26. Protection of Runway Protection Zone-Easement.The Sponsor agrees to take any and all steps necessary
to ensure that the owner of the land within the designated Runway Protection Zone will not build any
structure in the Runway Protection Zone that is an airport hazard or which might create glare or
misleading lights or lead to the construction of residences,fuel handling and storage facilities, smoke
generating activities, or places of public assembly, such as churches, schools, office buildings, shopping
centers, and stadiums.
27. Consultant Contract and Cost Analysis.The Sponsor understands and agrees that no reimbursement will
be made on the consultant contract portion of this grant until the FAA has received the consultant
contract,the Sponsor's analysis of costs, and the independent fee estimate.
28. Preliminary Scope of Work.This Grant is made and accepted upon the basis of a preliminary scope of
work.The parties agree that within 30,days from the date of acceptance of this Grant Offer, the Sponsor
will furnish a final scope of work to the FAA and that no work will commence, nor will there be any
contract signed for accomplishment of such work, until the final scope of work has been approved by the
FAA.The Sponsor and the FAA further agree that any reference to the scope of work made in the Grant
Offer or in the project application is in respect to the final scope of work.
6
3 -36 - 0029 -021 - 2018
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
FEDERAL AVIATION ADMINISTRATION
(Signature) 10
Evelyn Martinez
(Typed Name)
Manager, New York Airports District Office.
(Title of FAA Official)
7
3 - 36 -0029 -021 - 2018
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.
I declare under penalty of perjury that the foregoing is true and correct.'
Executed this 1 �`1 day of ado
Town of Southold
---- -- -- - - ----- -- ----
(Name of Sponsor)
10
(Signature of Sponsors Authorized Official)
BY: _J C_0_4+ - -
(Typed Name of Sponsor's Authorized Official)
Title: sy f a
----------- -- -- ------
(Title of Sponsor's Authorized Official~
q� CERTIFICATE OF SPONSOR'S ATTORNEY
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 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 (location)this day of !
By:
(Signature of Sponsor' r y)
'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment, or both.
8
f,
I�Y
3 - 36 -0029 - 021 - 2018
Low
U.S.Department SPONSOR
of Transportation
Federal Aviation
Administration
GRANT AGREEMENT
PART I—OFFER
Date of Offer August 30, 2018
Airport/Planning Area Elizabeth Field
AIP Grant Number 3-36-0029-021-2018
DUNS Number 197736387
TO: 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 July 6, 2018,for a grant of
Federal funds for a project at or associated with the Elizabeth Field Airport, which is included as part of
this Grant Agreement; and
WHEREAS,the FAA has approved a project for the Elizabeth Field Airport(herein called the"Project")
consisting of the following:
• Prepare an On and Off Airport Obstruction Study for RW 12-30-and RW 7-25 Approaches
which is more fully described in the Project Application.
NOW THEREFORE,According to the applicable provisions of the former Federal Aviation Act of 1958, as
amended and recodified,49 U.S.C. §40101,et seq.,and the former Airport and Airway Improvement Act
of 1982 (AAIA), as amended and recodified,49 U.S.C. §47101,et seq., (herein the AAIA grant statute is
referred to as"the Act"),the representations contained in the Project Application,and in consideration of
(a)the Sponsor's adoption and ratification of the Grant Assurances dated March 2014,and the Sponsor's
acceptance of this Offer; and, (b)the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the Grant Assurances and conditions as herein
provided.
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay ninety(90) percent of the allowable costs incurred accomplishing the
Project as the United States share of the Project.
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is$155,700.
1
r
3 -36 -0029 - 021 - 2018
allowable amounts for any future grant amendment,which may increase the foregoing maximum
obligation of the United States under the provisions of 49 U.S.C. §47108(b):
$155,700 for planning
$0 airport development or noise program implementation; and,
$0 for land acquisition.
2. Period of Performance.The period of performance begins on the date the Sponsor formally accepts this
agreement. Unless explicitly stated otherwise in an amendment from the FAA,the end date of the period
of performance is 4 years (1,460 calendar days)from the date of formal grant acceptance by the Sponsor.
The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of
performance (2 CFR§200.309). Unless the FAA authorizes a written extension,the sponsor must submit all
project closeout documentation and liquidate (pay off) all obligations incurred under this award no later
than 90 calendar days after the end date of the period of performance (2 CFR§200.343).
The period of performance end date does not relieve or reduce Sponsor obligations and assurances that
extend beyond the closeout of a grant agreement.
3. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA has
determined to be ineligible or unallowable.
4. Indirect Costs-Sponsor.Sponsor may charge indirect costs under this award by applying the indirect cost
rate identified in the project application as accepted by the FAA,to allowable costs for Sponsor direct
salaries and wages.
S. Determining the Final Federal Share of Costs.The United States'share of allowable project costs will be
made in accordance with the regulations, policies, and procedures of the Secretary. 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.
6. Completing the Project Without Delay and in Conformance with Requirements.The Sponsor must carry
out and complete the project without undue delays and in accordance with this agreement, and the
regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308,the Sponsor agrees to report
to the FAA any disengagement from performing the project that exceeds three months.The report must
include a reason for the project stoppage.The Sponsor also agrees to comply with the assurances which
are part of this agreement.
7. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw
this offer at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date.This offer will expire and the United States will 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 September 14,
2018 or such subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds.The Sponsor must 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 for 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 dispersed by
the Sponsor,that were originally paid pursuant to this or any other Federal grant agreement.The Sponsor
must obtain the approval of the Secretary as to any determination of the amount of the Federal share of
such funds.The Sponsor must return the recovered Federal share, including funds recovered by
settlement,order,or judgment,to the Secretary.The Sponsor must 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
2
k
Oy .
t '
3 -36 -0029 - 021 - 2018
final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require
advance approval by the Secretary.
10. United States Not Liable for Damage or Iniury.The United States is not responsible or liable for damage
to property or injury to persons which may arise from,or be incident to,compliance with this grant
agreement.
11. System for Award Management(SAM) Registration And Universal Identifier.
A. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from this
requirement under 2 CFR 25.110,the Sponsor must maintain the currency of its information in the
SAM until the Sponsor submits the final financial report required under this grant, or receives the final
payment,whichever is later.This requires that the Sponsor review and update the information at least
annually_after the initial registration and more frequently if required by changes in information or
another award term.Additional information about registration procedures may be found at the SAM
website (currently at http://www.sam.gov).
B. Data Universal Numbering System: DUNS number means the nine-digit number established and
assigned by Dun and Bradstreet, Inc. (D & B)to uniquely identify business entities.A DUNS number
may be obtained from D& B by telephone (currently 866-705-5771)or on the web (currently at
http://fedgov.dnb.com/webform).
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each payment
request under this agreement electronically via the Delphi elnvoicing System for Department of
Transportation (DOT) Financial Assistance Awardees.
13. Informal Letter Amendment of AIP Projects. If, during the life of the project,the FAA determines that the
maximum grant obligation of the United States exceeds the expected needs of the Sponsor by$25,000 or
five percent(5%),whichever is greater,the FAA can issue a letter amendment to the Sponsor unilaterally
reducing the maximum obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in
the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not
exceed the statutory limitations for grant amendments.The FAA's authority to increase the maximum
obligation does not apply to the "planning"component of condition No. 1.
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of
the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement,the FAA may
suspend, cancel,or terminate this agreement.
15. Financial Reporting and Payment Requirements.The Sponsor will comply with all federal financial
reporting requirements and payment requirements, including submittal of timely and accurate reports.
16. Buv American. Unless otherwise approved in advance 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 which funds are provided under this grant.The Sponsor will
include a provision implementing Buy American in every contract.
17. Maximum Obligation Increase for Non-primary Airports. In accordance with 49 U.S.C. §47108(b), as
amended,the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer:
3
3 -36 -0029 -021 - 2018
A. May not be increased for a planning project;
B. May be increased by not more than 15 percent for development projects;
C. May be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total
increase in allowable costs attributable to the acquisition of land or interests in land,whichever is
greater, based on current credible appraisals or a court award in a condemnation proceeding.
18. Suspension or Debarment.When entering into a "covered transaction" as defined by 2 CFR§180.200,the
Sponsor must:
A. Verify the non-federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System for Award
Management(SAM)to determine if the non-federal entity is excluded or disqualified; or
2. Collecting a certification statement from the non-federal entity attesting they are not excluded or
disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded
or disqualified from participating.
B. Require prime contractors to comply with 2 CFR§180.330 when entering into lower-tier transactions
(e.g.Sub-contracts).
C. Immediately disclose to the FAA whenever the Sponsor(1) learns they have entered into a covered
transaction with an ineligible entity or(2)suspends or debars a contractor, person, or entity.
19. Ban on Texting While Driving.
A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving,October 1, 2009,and DOT Order 3902.10,Text Messaging While Driving, December 30, 2009,
the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers
including policies to ban text messaging while driving when performing any work for,or on behalf
of,the Federal government, including work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the business,such
as:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks associated
with texting while driving.
B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants,
contracts and subcontracts.
20. AIP Funded Work Included in a PFC Application.
Within 90 days of acceptance of this award, Sponsor must submit to the Federal Aviation Administration
an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC
project also covered under this grant award.The airport sponsor may not make any expenditure under
this award until project work addressed under this award is removed from an approved PFC application by
amendment.
21. Exhibit"A" Property Map.The Exhibit"A" Property Map dated October 2010, is incorporated herein by
reference or is submitted with the project application and made part of this grant agreement.
4
3 -36 -0029 -021 - 2018
22. Employee Protection from Reprisal.
A. ,Prohibition of Reprisals—
1. In accordance with 41 U.S.C. §4712,an employee of a grantee or subgrantee may not be
discharged, demoted,or otherwise discriminated against as a reprisal for disclosing to a person or
body described in sub-paragraph (A)(2), information that the employee reasonably believes is
evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety; or
V. A violation of law, rule,or regulation related to a Federal grant.
2. Persons and bodies covered:The persons and bodies to which a disclosure by an employee is
covered are as follows:
i. , A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal office or employee responsible for oversight of a grant program;
V. A court or grand jury;
vi. A management office of the grantee or subgrantee; or
vii. A Federal or State regulatory enforcement agency.
3. Submission of Complaint—A person who believes that they have been subjected to a reprisal
prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the
Office of Inspector General (OIG)for the U.S. Department of Transportation.
4. Time Limitation for Submittal of a Complaint-A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General—Actions, limitations and exceptions of the Inspector
General's office are established under 41 U.S.C. §4712(b)
6. Assumption of Rights to Civil Remedy- Upon receipt of an explanation of a decision not to conduct
or continue an investigation by the Office of Inspector General,the person submitting a complaint
assumes the right to a civil remedy under4l U.S.C. §4712(c).
23. Disadvantaged Business Enterprise(DBE)/Airport Concessions Disadvantaged Business Enterprise
(ACDBE) Program.The Sponsor understands and agrees that the FAA will not make nor be obligated to
make any payments on this grant until the Sponsor has received from the FAA Office of Civil Rights
approval of its DBE Program (reflecting compliance with 49 CFR Part 26),and if applicable its ACDBE
program.
24. Environmental.The environmental approval for this project was issued on May 17, 2018.
The Sponsor understands and agrees to complete the above-listed mitigation measures to standards
satisfactory to the FAA. It is further mutually agreed that the reasonable cost of completing these
mitigation measures is an allowable cost within the scope of this project.
25. Protection of Runway Protection Zone-Airport Property.The Sponsor agrees to prevent the erection or
creation,of any structure, place of public assembly,or other use in the runway protection zone,as
depicted on the Exhibit"A": Property Map, except for NAVAIDS that are fixed by their functional purposes
or any other structure permitted by the FAA.The Sponsor further agrees that any existing structures or
5
3 - 36-0029 - 021 - 2018
uses within the Runway Protection Zone will be cleared or discontinued by the Sponsor unless approved
by the FAA.
26. Protection of Runway Protection Zone-Easement.The Sponsor agrees to take any and all steps necessary
to ensure that the owner of the land within the designated Runway Protection Zone will not build any
structure in the Runway Protection Zone that is an airport hazard or which might create glare or
misleading lights or lead to the construction of residences,fuel handling and storage facilities,smoke
generating activities, or places of public assembly,such as churches,schools, office buildings, shopping
centers,and stadiums.
27. Consultant Contract and Cost Analysis.The Sponsor understands and agrees that no reimbursement will
be made on the consultant contract portion of this grant until the FAA has received the consultant
contract,the Sponsor's analysis of costs, and the independent fee estimate.
28. Preliminary Scope of Work.This Grant is made and accepted upon the basis of a preliminary scope of
work.The parties agree that within 30 days from the date of acceptance of this Grant Offer,the Sponsor
will furnish a final scope of work to the FAA and that no work will commence, nor will there be any
contract signed for accomplishment of such work, until the final scope of work has been approved by the
FAA.The Sponsor and the FAA further agree that any reference to the scope of work made in the Grant
Offer or in the project application is in respect to the final scope of work.
6
r�
3 -36 - 0029 -021 2018
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
FEDERAL AVIATION ADMINISTRATION
(Signature)
Evelyn Martinez
(Typed Name)
Manager, New York Airports District Office.
(Title of FAA Official)
7
3 - 36 -0029 -021 - 2018
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.
I declare under penalty of perjury that the foregoing is true and correct.'
Executed this /� day of
Town of Southold
--- - ------------ ame of Spo or) ---- -— - --
--- ---------
(Signature of S onsor's Authorized Official)
(Type Nome of Sponsor's uthornzed Official)
Title: �J Jl SO
(Title of Sponsor's Authorized Official
CERTIFICATE OF SPONSOR'S ATTORNEY
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 o . 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 at9l, did (location)this day of x`11"_ 10
By: ,l- w„
(Signature of S onsor )
'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment,or both.
8
3 - 36-0029 -021 -2018
ASSURANCES
AIRPORT SPONSORS
A. General.
a. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
b. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended.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 both public agency sponsors and private sponsors.
c. Upon acceptance of this grant offer by the sponsor,these assurances are incorporated in and
become part of this 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 this 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 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 assurances regarding Exclusive
Rights and Airport Revenue so long as the airport is used as an airport.There shall be no limit on
the duration of the terms, conditions, and assurances with respect to real property acquired with
federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the
assurances.
2. Airport Development or Noise Compatibility 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 the facilities developed or equipment acquired
under an airport development or noise compatibility program project shall be no less than ten (10)
years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this grant agreement,only Assurances 1,2,3,5, 6, 13, 18, 25, 30,32,
33,and 34 in Section C apply to planning projects.The terms,conditions, and assurances of this
grant agreement shall remain in full force and effect during the life of the project;there shall be
no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long
as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies,with respect to this grant that:
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:
9
March,2014
3 -36 - 0029 -021 - 2018
FEDERAL LEGISLATION
a. Title 49, U.S.C., subtitle VII,as amended.
b. Davis-Bacon Act-40 U.S.C. 276(a), et sea.'
c. Federal Fair Labor Standards Act-29 U.S.C. 201,et seq.
d. Hatch Act—5 U.S.C. 1501,et sea.Z
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42
U.S.C.4601,et sea.'z
f. National Historic Preservation Act of 1966-Section 106- 16 U.S.C.470(f).'
g. Archeological and Historic Preservation Act of 1974-16 U.S.C.469 through 469c.'
h. Native Americans Grave Repatriation Act-25 U.S.C.Section 3001, et seq.
L Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973-Section 102(a)-42 U.S.C.4012a.'
I. Title 49, U.S.C.,Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973-29 U.S.C. 794.
n. Title Vlof the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975-42 U.S.C. 6101, et sea.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968-42 U.S.C.4151, et sea.'
S. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C. 8373.'
t. Contract Work Hours and Safety Standards Act-40 U.S.C. 327, et sea.'
U. Copeland Anti-kickback Act- 18 U.S.C. 874.1
V. National Environmental Policy Act of 1969-42 U.S.C.4321, et seq.'
w. Wild and Scenic Rivers Act, P.L.90-542, as amended.
X. Single Audit Act of 1984-31 U.S.C. 7501,et seg.z
y. Drug-Free Workplace Act of 1988-41 U.S.C. 702 through 706.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-
282, as amended by section 6202 of Pub. L. 110-252).
EXECUTIVE ORDERS
a. Executive Order 11246- Equal Employment Opportunity'
b. Executive Order 11990- Protection of Wetlands
c. Executive Order 11998—Flood Plain Management
10
March,2014
3 -36 -0029 -021 - 2018
d. Executive Order 12372- Intergovernmental Review of Federal Programs
e. Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building
Construction'
f. Executive Order 12898- Environmental Justice
FEDERAL REGULATIONS
a. 2 CFR Part180-OIVIBGuidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles,and Audit
Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and
Contracts with State and Local Governments,and OMB Circular A-133-Audits of States, Local
Governments,and Non-Profit Organizations].4,1,6
c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment
d. 14 CFR Part 13-Investigative and Enforcement Procedures14 CFR Part 16- Rules of Practice
For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150-Airport noise compatibility planning.
f. 28 CFR Part 35-Discrimination on the Basis of Disability in State and Local Government
Services.
g. 28 CFR§50.3- U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964.
h. 29 CFR Part 1-Procedures for predetermination of wage rates.'
i. 29 CFR Part 3-Contractors and subcontractors on public building or public work financed in
whole or part by loans or grants from the United States.'
j. 29 CFR Part 5-Labor standards provisions applicable to contracts covering federally financed
and assisted construction (also labor standards provisions applicable to non-construction
contracts subject to the Contract Work Hours and Safety Standards Act).'
k. 41 CFR Part 60-Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor(Federal and federally assisted contracting requirements).'
I. 49 CFR Part 18- Uniform administrative requirements for grants and cooperative agreements
to state and local governments.'
m. 49 CFR Part 20- New restrictions on lobbying.
n. 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.
o. 49 CFR Part 23- Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally Assisted Programs.12
q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of
Transportation Programs.
r. 49 CFR Part 27—Nondiscrimination on the Basis of Handicap in Programs and,Activities
Receiving or Benefiting from Federal Financial Assistance.'
11
March,2014
3 -36 -0029 -021- 2018
s. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities conducted by the Department of Transportation.
t. 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.
u. 49 CFR Part 32—Governmentwide Requirements for Drug-Free Workplace (Financial
Assistance)
v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities(ADA).
w. 49 CFR Part 41-Seismic safety of Federal and federally assisted or regulated new building
construction.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations
or circulars are incorporated by reference in this grant agreement.
FOOTNOTES TO ASSURANCE C.1.
1 These laws do not apply to airport planning sponsors.
z These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 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 Title 49, United States Code.
4 On December 26, 2013 at 78 FR 78590,the Office of Management and Budget(OMB) issued the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform
Administrative Requirements for Grants(OMB Circular A-102 and Circular A-110 or 2 CFR Part 215
or Circular)as well as the Cost Principles(Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR
part 225; and A-122, 2 CFR part 230).Additionally it replaces Circular A-133 guidance on the Single
Annual Audit. In accordance with 2 CFR section 200.110,the standards set forth in Part 200 which
affect administration of Federal awards issued by Federal agencies become effective once
implemented by Federal agencies or when any future amendment to this Part becomes final.
Federal agencies, including the Department of Transportation, must implement the policies and
procedures applicable to Federal awards by promulgating a regulation to be effective by
December 26, 2014 unless different provisions are required by statute or approved by OMB.
5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining
the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this 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 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.
b. Private Sponsor:
12
March,2014
3 -36 -0029 -021 - 2018
It has legal authority to apply for this grant and to finance and carry out the proposed project
and comply with all 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 this 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 this grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, 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 this 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 this grant agreement without
approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title
49, United States Code,to assume the obligations of this 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 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.
13
March,2014
3 -36 - 0029 -021 - 2018
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 Title 49, United States Code,the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement also requires
compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use,to taxi an aircraft between that property and any location on airport. Sponsors
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
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.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which
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 project is located or has advised the communities that they have the right
to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport,an airport runway, or a major runway extension at
a medium or large hub airport,the sponsor has made available to and has provided upon request
to the metropolitan planning organization in the area in which the airport is located, if any, a copy
14
March,2014
3 -36 -0029 - 021 -2018
of the proposed amendment to the airport layout plan to depict the project and a copy of any
airport master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance.
With respect to a project approved after January 1, 1995,for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance-management program and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed or repaired with Federal financial
assistance at the airport. It will provide such reports on pavement condition and pavement
management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code,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 and deplaning from aircraft
other than air carrier aircraft.
13. Accounting System,Audit,and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition
by the recipient of the proceeds of this grant,the total cost of the project in connection with
which this grant is given or used, and the amount or 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 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 this 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 disposition of
the proceeds of a grant or relating to the project in connection with which this 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 six(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 this
grant agreement which involve labor, provisions establishing minimum rates of wages,to be
predetermined by the 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 on any project funded under this 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 Vietnam era
veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title
15
March,2014
3 -36 -0029 - 021 - 2018
49, United States Code. 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 of the Secretary,shall be incorporated into this grant agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary, and incorporated into this 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 to 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 the 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.
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 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. 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
16
March,2014
3 -36 -0029 -021 - 2018
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. 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 non-aeronautical purposes must first be
approved by the Secretary. In furtherance of this assurance,the sponsor will have in effect
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, 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.
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,to the extent reasonable, including the adoption of zoning laws,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 its 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 the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
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 to 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 reasonable,and not unjustly discriminatory, basis to all users
thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or service,
17
March,2014
3 -36-0029 -021 - 2018
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
a.) Each fixed-based operator at the airport 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.
b.)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.
c:) Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of
another air carrier tenant)shall be subject to such 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 utilize similar facilities, subject to reasonable classifications such as
tenants or non-tenants and signatory carriers and non-signatory 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 classification or status.
d.)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.
e.)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 commercial aeronautical service
providers authorized by the sponsor under these provisions.
f.) The sponsor may establish such reasonable, 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.
g.)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 person providing,or intending to
provide,aeronautical services to the public. For purposes of this paragraph,the providing of the
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 airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training,aircraft rental
18
March,2014
3 -36 -0029 -021 - 2018
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,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 Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport 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 made under Title 49, United States Code,the Airport and Airway Improvement
Act of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. 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 which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the
airport.The following exceptions apply to this paragraph:
1) If covenants or assurances in debt obligations issued 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, loca'I taxes on aviation fuel)shall not'apply.
2) If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land,this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale.This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period)of
any airport improvement grant made to the private owner for any purpose other than
land acquisition on or after October 1, 1996, plus an amount equal to the federal share of
the current fair market value of any land acquired with an airport improvement grant
made to that airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction, production, lease,or
other means at a general aviation airport(as defined at Section 47102 of title 49 United
States Code), if the FAA determines the airport sponsor meets the requirements set forth
in Sec. 813 of Public Law 112-95.
a.) As part of the annual audit required under the Single Audit Act of 1984,the'sponsor will
direct that the audit will review, and the resulting audit report will provide an opinion
concerning,the use of airport revenue and taxes in paragraph (a), and indicating '
whether funds paid or transferred to the owner or operator are paid or transferred in a
19
March,2014
3 -36 - 0029 - 021 - 2018
manner consistent with Title 49, United States Code and any other applicable provision
of law, including any regulation promulgated by the Secretary or Administrator.
b.)Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of Section 47107 of Title 49, United States Code.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request and make such reports available to the public; make
available to the public at reasonable times and places a report of the airport budget in a
format prescribed by the Secretary;
b. for airport development projects, 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;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms,conditions,and assurances of this grant agreement
including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
1) all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2) all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
27. Use by 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 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. by gross weights of such aircraft) is in excess of five million pounds 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 movement of Government aircraft multiplied.
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
20
March,2014
3 -36 -0029 -021 - 2018'
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 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;
3) the location of all existing and proposed nonaviation areas and of all existing
improvements thereon; and
4) all proposed and existing access points used to taxi aircraft across the airport's property
boundary.Such airport layout plans 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 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.
a.) If a change or alteration in the airport or the 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 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 except in the case
of a relocation or replacement of an existing airport facility due to a change in the
Secretary's design standards beyond the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall,
on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from
participation in, be denied the benefits of,or be otherwise subjected to discrimination in any
activity conducted with, or benefiting from,funds received from this grant.
a. Using the definitions of activity,facility-and program as found and defined in §§21.23 (b) and
21.23 (e) of 49 CFR§21,the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance,with all non-discrimination requirements imposed by, or
pursuant to these assurances.
b. Applicability
1) Programs and Activities. If the sponsor has received a grant(or other federal assistance)
for any of the sponsor's program or activities,these requirements extend to all of the
21
March,2014
3 - 36-0029 -021 - 2018
sponsor's programs and activities.
2) Facilities.Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel,alter or acquire a facility,or part of a facility,the assurance
extends to the entire facility and facilities operated in connection therewith.
3) Real Property.Where the sponsor receives a grant or other Federal financial assistance in
the form of,or for the acquisition of real property or an interest in real property,the
assurance will extend to rights to space on,over,or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance 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:
1) So long as the airport is used as an airport,or for another purpose involving the provision
of similar services or benefits; or
2) So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work,or material under this grant agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
"The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of
1964(78 Stat. 252,42 U.S.C. §§ 2000d to 2000d-4)and the Regulations, hereby notifies all
bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, disadvantaged business enterprises and airport concession disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award."
e. Required Contract Provisions.
1) It will insert the non-discrimination contract clauses requiring compliance with the acts
and regulations relative to non-discrimination in Federally-assisted programs of the DOT,
and incorporating the acts and regulations into the contracts by reference in every
contract or agreement subject to the non-discrimination in Federally-assisted programs of
the DOT acts and regulations.
2) It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3) It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use,or improvements thereon or interest therein to a sponsor.
4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race, color, national origin,creed, sex,age, or handicap as a covenant running with the
land, in any future deeds, leases, license, permits,or similar instruments entered into by
the sponsor with other parties:
a.) For the subsequent transfer of real property acquired or improved under the applicable
activity, project, or program; and
22
March,2014
3 - 36 -0029 -021 - 2018
b.)For the construction or use of,or access to, space on,over, or under real property
acquired or improved under the applicable activity, project,or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it,other recipients,sub-recipients, sub-grantees,
contractors, subcontractors, consultants,transferees,successors in interest,and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts,the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts,the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, it will dispose of the land,when the land is no longer needed for such
purposes, 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 acquisition of such land
will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or(2)
transferred to another eligible airport as prescribed by the Secretary.The Secretary shall give
preference to the following, in descending order, (1) reinvestment in an approved noise
compatibility project, (2) reinvestment in an approved project that is eligible for grant funding
under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport
development project that is eligible for grant funding under Sections 47114,47115, or 47117
of title 49 United States Code, (4)transferred to an eligible sponsor of another public airport
to be reinvested in an approved noise compatibility project at that airport,.and (5) paid to the
Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for
noise compatibility purposes is leased at fair market value and consistent with noise buffering
purposes,the lease will not be considered a disposal of the land. Revenues derived from such
a lease may be used for an approved airport development project that would otherwise be
eligible for grant funding or any permitted use of airport revenue.
'b. For land purchased under a grant for airport development purposes (other than noise
compatibility), 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, (1) upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary.The Secretary shall give preference to the
following, in descending order: (1) reinvestment in an approved noise compatibility project, (2)
reinvestment in an approved project that is eligible for grant funding under Section 47117(e)
of title 49 United States Code, (3) reinvestment in an approved airport development project
that is eligible for grant funding under Sections 47114,47115, or 47117 of title 49 United
States Code, (4)transferred to an eligible sponsor of another public airport to be reinvested in
an approved noise compatibility project at that airport, and (5) paid to the Secretary for
deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if(1) it may
be needed for aeronautical purposes(including runway protection zones)or serve as noise
buffer land, and (2)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 or owner before December 31, 1987, will be considered to be needed for airport
purposes if the Secretary or Federal agency making such grant before December 31, 1987,was
23
March,2014
3 - 36-0029 -021 - 2018
notified by the operator or owner of the uses of such land,did not object to such use, and the
land continues to be used for that purpose,such use having commenced no later than
December 15, 1989.
d. Disposition of such land under(a) (b) or(c)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 services, preliminary engineering, design,
engineering,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 January 24, 2017 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.
a. 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.
b. 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
Subpart D and E of 49 CFR Part 24.
c. 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. Access By Intercity Buses.
The airport owner or operator will permit,to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport; however, it has no obligation to fund
special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of any DOT-assisted contract covered by 49 CFR Part 26,or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition,the
sponsor shall not discriminate on the basis of race, color, national origin or sex in the
administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26.The
sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure
24
March,2014
3 - 36 -0029 -021 - 2018
nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession
contracts.The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as
approved by DOT, are incorporated by reference in this agreement. Implementation of these
programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the sponsor of its failure to carry out its approved program,the
Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1936(31 U.S.C. 3801).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport(as defined in section 47102
of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for
access to gates or other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport,the airport owner or operator shall
transmit a report to the Secretary that-
1) Describes the requests;
2) Provides an explanation as to why the requests could not be accommodated; and
3) Provides a time frame within which, if any,the airport will be able to accommodate the
requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due
date.
25
March,2014
3 -36 -0029 - 021 - 2018
L AVjq�
FAA
Airports
a o
ai�M15 RP��
Current FAA Advisory Circulars Required for Use in AIP Funded
and PFC Approved Projects
Updated: 2/20/2018
View the most current versions of these ACs and any associated changes at:
http://www.faa.gov/airports/resources/advisory circularsand
http://www.faa.gov/regulations policies/advisory circulars/
NUMBER ;TITLE„
70/7460-1L
Change 1 Obstruction Marking and Lighting
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-66
Changes 1-2 Airport Master Plans
150/5070-7
Change 1 The Airport System Planning Process
150/5100-13B Development of State Standards for Nonprimary Airports
150/5200-28F Notices to Airmen (NOTAMS)for Airport Operators
150/5200-30D Airport Field Condition Assessments and Winter Operations Safety
Change 1
150/5200-31C Airport Emergency Plan
Changes 1-2
150/5210-51) Painting, Marking,and Lighting of Vehicles Used on an Airport
150/5210-71) Aircraft Rescue and Fire Fighting Communications
150/5210-13C Airport Water Rescue Plans and Equipment
150/5210-14B Aircraft Rescue Fire Fighting Equipment,Tools and Clothing
150/5210-15A Aircraft Rescue and Firefighting Station Building Design
26
FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated:2/20/2018
3 - 36 - 0029 - 021 - 2018
NUMBER TITLE
i
150/5210-18A Systems for Interactive Training of Airport Personnel
150/5210-19A Driver's Enhanced Vision System (DEVS)
150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting(ARFF)Vehicles
150/5220-16E Automated Weather Observing Systems (AWOS)for Non-Federal Applications
150/5220-17B Aircraft Rescue and Fire Fighting(ARFF)Training Facilities
150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20A Airport Snow and Ice Control Equipment
150/5220-21C Aircraft Boarding Equipment
150/5220-22B Engineered Materials Arresting Systems(EMAS)for Aircraft Overruns
150/5220-23 Frangible Connections
150/5220-24 Foreign Object Debris Detection Equipment
150/5220-25 Airport Avian Radar Systems
150/5220-26 Airport Ground Vehicle Automatic Dependent Surveillance- Broadcast(ADS-B)
Changes 1-2 Out Squitter Equipment
150/5300-713 FAA Policy on Facility Relocations Occasioned by Airport Improvements of
Changes
150/5300-13A
Change 1 Airport Design
150/5300-14C Design of Aircraft Deicing Facilities
150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of
Geodetic Control and Submission to the National Geodetic Survey
150/5300-17C
Change 1 Standards for Using Remote Sensing Technologies in Airport Surveys
150/5300-18B General Guidance and Specifications for Submission of Aeronautical Surveys to
Change 1 NGS: Field Data Collection and Geographic Information System (GIS)Standards
150/5320-51) Airport Drainage Design
150/5320-6F Airport Pavement Design and Evaluation
27
FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated:2/20/2018
3 -36 -0029 -021 - 2018
NUMBER TITLE
150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport
Changes 1-8 Pavement Surfaces
150/5320-15A Management of Airport Industrial Waste
150/5235-413 Runway Length Requirements for Airport Design
150/5335-5C Standardized Method of Reporting Airport Pavement Strength- PCN
150/5340-1L Standards for Airport Markings
150/5340-5D Segmented Circle Airport Marker System
150/5340-18F Standards for Airport Sign Systems
150/5340-26C Maintenance of Airport Visual Aid Facilities
150/5340-30J Design and Installation Details for Airport Visual Aids
150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting
150/5345-513 Circuit Selector Switch
150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-10H Specification for Constant Current Regulators and Regulator Monitors
150/5345-12F Specification for Airport and Heliport Beacons
150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors
150/5345-27E Specification for Wind Cone Assemblies
150/5345-28G Precision Approach Path Indicator(PAP[)Systems
150/5345-39D Specification for L-853, Runway and Taxiway Retro reflective Markers
150/5345-42H Specification for Airport Light Bases,Transformer Housings,Junction Boxes, and
Accessories
150/5345-43H Specification for Obstruction Lighting Equipment
150/5345-44K Specification for Runway and Taxiway Signs
150/5345-45C Low-Impact Resistant(LIR)Structures
28
FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated:2/20/2018
3 -36 -0029 - 021 - 2018
NUMBER TITLE
150/5345-46E Specification for Runway and Taxiway Light Fixtures
150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-49D Specification L-854, Radio Control Equipment
150/5345-50B Specification for Portable Runway and Taxiway Lights
150/5345-51B Specification for Discharge-Type Flashing Light Equipment
150/5345-52A Generic Visual Glideslope Indicators(GVGI)
150/5345-53D Airport Lighting Equipment Certification Program
150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short Lighting
Systems
150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS)
150/5360-12F Airport Signing and Graphics
150/5360-13
Change 1 Planning and Design Guidelines for Airport Terminal Facilities
150/5360-14A Access to Airports By Individuals With Disabilities
150/5370-2G Operational Safety on Airports During Construction
150/5370-10G Standards for Specifying Construction of Airports
150/5370-116 Use of Nondestructive Testing in the Evaluation of Airport Pavements
150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5370-15B Airside Applications for Artificial Turf
150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete)Airfield Pavements
150/5370-17 Airside Use of Heated Pavement Systems
150/5390-2C Heliport Design
150/5395-1A Seaplane Bases
l 29
FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated:2/20/2018
3 -36 -0029 -021 - 2018
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 2/20/2018
-['NUMB,ER .TITLE
150j5400-14E Architectural, Engineering,and Planning Consultant Services for Airport Grant
Change 1 Projects
150/5100-17 Land Acquisition and Relocation Assistance for Airport Improvement Program
Changes 1-7 Assisted Projects
150/5300-15A Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals
150/5370-12B Quality Management for Federally Funded Airport Construction Projects
150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements
150/5380-713 Airport Pavement Management Program
150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness
30
FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated:2/20/2018