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HomeMy WebLinkAboutElizabeth Field Airport Amendment to Grant ORIGINAL Page 1 of 2 Contract No. FA-EA Elizabeth Field Airport Fishers Island, NY AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO. 3-36-0029-11-04 WHEREAS, the Federal Aviation Administration (herein after referred to as the "FAA") has determined it to be in the interest of the United States that the Grant Agreement between the FAA, acting for and on behalf of the United States of America and the Town of Southhold, hereinafter referred to as the "Sponsor"), accepted by said Sponsor on the 16th day of August, 2004 and amended as hereinafter provided. NOW THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the FAA on the behalf of the United States, on one part, and the Sponsor, on the other part, do hereby mutually agree as follows: That the maximum amount of the obligation of the United States as set forth in Paragraph I of the terms and conditions of the Grant Agreement is hereby increased from $477,850.00 to $508,188.00 (increase by $30,338.00). IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the 8th day of January, 2007. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION ~~~ By (Name) Steven M. Urlass Manaqer, New York Airports District Office (Title) FAA Form 5100-38 (10-89) Page I . Page 2 of 2 Proiect No.3-36-0029-11-04 Elizabeth Field Airport Fishers Island, NY TOWN OF SOUTHOLD /ame of Sponsor) By ~~v/ KIERANM.CORCORAN SCott A. Russe 1 QUA~~~DINSUFFOLKCOUNTY Title Supervisor ARY #02C06119838 (SE~IfGMISS.'ON EXPIRES DEC. 6. 2Vg '" ~ Attest: " ; A; " Title:\, / A-ss~'- TOHl ~ CERTIFICATE OF SPONSOR'S ATTORNEY I, Lori Hulse Montefusco , acting as Attomey for Town of Southold (hereinafter referred to as "Sponsor") do hereby certify: That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the execution thereof by said Sponsor has been duly authorized and is in all respects due and proper and in accordance with the laws of the State of New York and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Southold, NY this 2007 I '\-f1 day of March FAA Form 5100-38 (10-89) 1/21(2007 15:57 . ' '. FAX 5162273813 NEW YORK ADO I4J 001 L/ \.-l o GRANT AGREEMENT U. S. Dsp8rtment of Transportation FedaliJl Avhlt/on AdmlnlslniUon 7/27/2004 3-36-0029-11-04 Date of Offer Project Number RECIPIENT: Town of Southhold (Herein called Sponsor) AIRPORT: ELIZABETH FIELD AIRPORT.IllIZW:lf~ FISHERS ISLAND, NEW YORK OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON 815HALf OF THE UNITED STATES, HERE8Y OFFERS AND AGREES to pey, as the United States' shin of 9li peroent ef the allowable oosts ineuned in accomplishing the project conslsllng of the following: Construel Apron (37.500 S.F.) end Taxiway Stub (180 L.F. x 25 L.F.) including Grading. Drainage .nd Mar1<ings See Attached Special eondliions as more particularly described in the Project Application dated 4(7104 The maximum obligation of the United States payable under this Oller shall be $477,850 For lhe purpose of any future grant amendments which mey increase the foregoing maximum obligation of the Uniled stales under provisions of Section 47108(b) of TIlle 49 U.S.C" the following amounts are beln9 specified for this PUl]lose: $477,850 lor airport development for land, and fer planning: This offer 15 made in accordance with and for lhepoJlpose of carrying oul the provisions of Tille 49, United Stales Code, herein call~d Tille 49 U.S.C. Acceptance and execution 01 this offershall comprise a Grant Agreement, as provided by Title 49 U.S. C., constituting the contractual obligations and rights of the United States and the Sponsor. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Manager 1 02/21/2007 15:56 FAX 5162273613 NEW YORK ADO I4J 002 , "--./ '-.J: Special Conditions 1. The Exhibit "Au set forth in Project Application dated 417104, for AlP Project No. 3-36-0029-11-04, is incorporated herein by reference and made a part hereof. 2. The sponsor agrees to perform the following: 1. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including. but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: a. The name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. b. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. c. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D3666, C1077). d. Qualifications of engineering supervision and construction personnel. e. A listing of all tests required by the contract specifications. including the type and frequency of tests to be taken, the method of sampling, the applicable test standard. and the acceptance criteria or tolerances permitted for each type of test. f. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, that the proper corrective actions, where necessary, are undertaken. 2. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out-of-tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. 02/21/2007 15:58 FAX 5162273813 NEW YORK ADO [gJ003 ., c \J "-/ .. 3. Failure to provide a complete report as described in paragraph 2, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. 4. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor tests results are inaccurate. 3. For a project to replace or reconstruct pavement at the airport, the sponsor shall implement an effective airport pavement maintenance management program as required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform with the provisions in the following outline entitled "Pavement Maintenance Management Program." "Pavement Maintenance Management Program" An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: Location of all runways, taxiways and aprons Dimension Type of pavement Year of construction or most recent major rehabilitation For compliance with the Airport Improvement Program assurances, pavements that have been constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted. 02/21/2007 15:58 FAX 5162273813 - , NEW YORK ADO 141004 '----'- ~I 2. Inspection Schedule a_ Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, Le. Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements. the frequency of inspections may be extended to three years. b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. 3. Record Keeping. Complete information on the flndings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of fIVe years. The types of distress, their locations, and remedial action, scheduled or performed. must be documented. The minimum information to be recorded is listed below. a. inspection date b. location c. distress types d. maintenance scheduled or performed For drive-by inspections. the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so tong as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. 5_ Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. FISc1104 02/21/2007 15:58 FAX 5162273813 NEW YORK ADO '---./ \...../ " ACCEPTANCE The Sponsor agrees to aCGomplish the project in compliance with the terms and conditions contained herein and in lne document "Masler "",reement on Tenns end CondKions of Accepting Airport Improvement Program Grants" dated 6/19/2002, Executed this I ~ day ~ ~ j 'lo b i Town of SoUlhhold , . Name of Sponsor Attest Signature of sponsor's Designated Official Representative Title Title CERTIFICATE OF SPONSOR'S ATTORNEY I, in my , acting as AIlomey for the Sponsor do hereby (:enify: Thai red to enter into the foregoing Grant "",reement under the laws of the State of . Further, I have examined the foregoing Grant Agreement, and the actions lake by said Sponsor relating thereto. and find that the acceptance thereof by saidSponsor and Sponso(s official representative has been duly autholized and thai the ell9Cution thereof is in all respects due and proper and in accordance with the laws of the said State end Trtle 49 U.S.C. In addition, for grants involving projects to be eanied out on property not owned by the sponsor. there are no legal impediments that will pttlvent full perfo ce by the Sponsor. Further. it is my opinion that the said Grant Agreement<:onstitutes a legal and binding oblig on of the 0 'n accordance e terms thereof. _~/I'Of/ Date I s ~005 02/21/2007 15:58 FAX 5162273813 NEW YORK ADO I4J 006 . - .' \ oe:MATM ENT OF TRANSPORT"TION - FWt!RAt......../irION ADM INIS'11lA."nON \......-' PART III. BUDGET INFORMATION - CONSTRUCTION SECTION A . GENERAL 1. Federal Domestic Assistance Catalog No. ............ 20-106 --- 2. Functional or Other Breakout :l-3&-0029.11-<>4 ...................... -- SECTION B . CALCULATION OF FEDERAL GRANT Use only for revisions 10131 I,;ost ';laSSI1ICa Don Amount La18StApprove AOJUsvne nt Kequlreo Amount ... or I-I 1. Administrative expense $ S $ $3.934.00 2. preliminary expense $0 3. Land, structures, right-of-way $0.00 4. Architectural engineering basic fees $0.00 S. Other architectural engineering fees $0.00 6. Project inspection fees $79.539.00 7. Land development so 8. Relocation expenses SO.OO 9. Relocation payments to individuals and businesses $0 10. Demolition and removal $0.00 11. Construction and project improvement $419.527.00 12. Equipment $0.00 ". 13. Miscellaneous $0.00 14. Total (Lines 1 through 13) $503.000.00 15. Estimated Income (if applicable) $0 16. lIIetProjectAmount(Line 14 minus 15) $503.000.00 17. Less: Ineligible elCcluslons $0 18. Add: Contingencies $0 19. Total ProjectAml (EXcluding rehabilitation grants) $503.000.00 20. Federal share requested on Line 19 $477.850.00 21. Add: Rehabilitation grants requested (100 percent) $0 22. Total Federal grant requested 95% $477,850.00 23. Grantee share 2.5% $12,575.00 24. Othe r sha res 2.5% $12,575.00 25. Total Project (Lines 22, 23, and 24) $ $ $ $503,000.00 FMFolm5100-100 Page 4 02/21/2007 15:58 FAX 5162273813 ~- NEW YORK ADO 141007 . '. DEPARTMENT OF TRANSPORTATL..i1'EJ)EAAL AI/lATIOI'l ADMINI5TRATIO~ \...../ , . -. SECTION C . EXCLUSIONS Ineligible for Excluded from Classification Participation Contingency provision 26. (1) (2) a. $ $ b. . c. d. e. f. g. Totals $ $ SECTION D . PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE . . 27. Grantee Share $ $12,575.00 a. Securities 0 b. MortgageS 0 c. Appropriations (by applicant) 0 d.Bonds 0 e. rax Levies 0 f. Non Cash 0 ..- g. Otller (Explain) 0 h. TOTAL-Grantee Share $12,575.00 28. Other Shares ..- a. State $12,575,00 b.Otller 0 c. Total Other Shares $12,575.00 29. TOTAL $ $25,150.00 SECTION E . REMARKS FAA Form 510<>-100 Page 5