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RESOLUTION 2008-646
ADOPTED
DOC ID: 4027
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-646 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 1, 2008:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Lump Sum Consultant Agreement for planning
services between the Town of Southold and C&S Eneineers, Inc. in the amount of
$80,017.25 in connection with Project No. 3-36-0029-15-08 for the Airport Layout Plan at
Elizabeth Field Airport, Fishers Island, New York, subject to the approval of the Town Attorney.
~Q.~
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
LUMP SUM ORIGINAL
CONSULTANT AGREEMENT
FOR
AIRPORT LAYOUT PLAN
AT
ELIZABETH FIELD AIRPORT
FISHER'S ISLAND, NEW YORK
FAA AiP NO. 3-36-00029-15-08
NYSDOT NO. 0913.15
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TABLE OF CONTENTS
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PAGE
ARTICLES
AR'f1C'I,I', I-- DIiS('RIP"fIGN OF SIiRVIC'ISS'I'O BIS Pt:RPURMI{U .................................................. ..................... I
I
ARTICLE 2- PROVISION FUR PAYMENT-TIMIi PUR PE:RFURMANCE .....................................
'
' .....................
2
F 3-
A R'fICI S .................
I
STANDARD OE CARE, S"fANUARD PRAC"IICE;S, AND REOUIREMI?N .....................
,
ARrI('Lt% 4- ENI"IRL: AGREEME.N~I' ........................................................................................... .......................
2
ARTICLE $- fAXiSS, ROYAI. I'IP,S, AND EXPTiNSE.S .................................................................. ......................
......3
ARTICLE-, 6- ('ONSUI: fnNT UAtiu.rrv .................................................................................... ................
.3
ARIICLIi 7- LABOR LAW RE(11JIREMENTS ............................................................................. .....................
3
AR"I1CLE 8- NUNDItiCRIMINAI'IUN PRGVISIUNS .................................................................... ......................
AR"f IC'LE 9- WGRKER'S COMPtiNSAI'ION ANU LIABILITY INSHRANCti .................................. ......................4
ARTICLE 10 -ASSIGNMEN'I'RI:QUIREMEN'fS ......................................................................... ......................4
S
ARTICLE I I -ADDITIONAL SERVICFS ....................................................................................
" ......................
S
ARTICLE 12 IION ................
-ABANDONMENT OR AMENDMENT OF PRUJFC"f AND TERMINA ......................
ARTICLE l3 -SUSPENSION OF SERVICES ................................................................................ ......................6
AR"fICLE 14 -INTERCHANGE OF DA"fA ................................................................................... ......................7
F. I S
ARTICt -DISPOSITION OF PRGl F.C'f DGCUMEN"rs ........................................................... ......................7
.
ARTICLE 16- ~GDE OF ETHICS .............................................................................................. ......................7
AR"fICLE l7 -INDL~.PENDENT CUN'rRAC1TJR ........................................................................... ......................7
8
ARTICLE 18 -PATEN"f RIGHTS AND COPYRIGtffS .................................................................. ......................
ARTICLE 19 -NEW YORK STATE PAR"fICIPA'ITON ................................................................. .......................8
ARTICLE 20 -FEDERAL PARIICIPAT'ION ............................................................................... .......................8
..........8
AR"fICt.E 21 -MISCTI,I.ANEOUS .............................................................................................
'
~ .............
9
ARTICLE 22 RACTORS .........................................................
I
- SUBCONSUCfANI'S/SUBCON .......................
AR"fICLE. 23 - FoRC{; MAJEIIRF ........................................................................................... .......................9
9
ARTICLE 24 - DISPU're RESGLU'1'ION ................................................................................... .......................
SCHEDULE A- SCOPE OF SERVICES ................................................................................... ..A-I to A-6
SCHEDULE B- COST SUMMARY AND FEE SCHEDULE .................................................. .. B-1 to B-2
SCHEDULE C- ALLOWABLE OVERHEAD ......................................................................... .............C-I
SCHEDULE D -SPONSOR'S CERTIFICATION FOR SELECTION OF CONSULTANTS. ..D-I to D-2
SCHEDULE E- RESOLUTION ................................................................................................ ............. E-I
SCHEDULE F- NOT USED IN THIS AGREEMENT
SCHEDULE G -CERTIFICATION OF CONSULTANT ......................................................... .............G-1
SCHEDULE H -AIRPORT AID PROGRAM ........................................................................... ............. FI-I
SCHEDULE I-NEW YORK STATE, DOT REQUIREMENTS ....................................................I-I to 1-3
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F ll snn IanSA'L.\\W1(. ('Ladle J'I Ler lsl:uW ALP Ia J' e.\LP Jru111umP can iL~m JOa
LUMP SUM CONSULTANT AGREEMENT
FOR
AIRPORT LAYOUT PLAN
PROJECT: Airport Layout Plan
Elizabeth Field Airport, NY
This Agreement, made effective this day of , 2008, is by and between the
Town of Southold, a New York municipal corporation, having an address at P.U. 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 ofthe 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 CONSIR, fAN"f because of Its ability and reputation, and the CONSUI, PANT
accepts such retention, to perform for the SPONSOR the services of the Project more particularly described in
Schedule(s) "A", which is attached hereto and made a part hereof (the "Basic Services"). The SPONSOR'S
resolution or other authorization for retaining the CONSUL'fAN'I' is attached hereto and made a part hereof as
Schedule "E". The SPONSOR has completed or will complete a "Certification for Selection ofConsultant" in
connection with the execution ofthis Agreement, a copy of which is attached hereto and made a part hereofas
Schedule "D".
ARTICLE 2-PROVISION FOR PAY6IENT-TIME FOR PERFORMANCE
fhe SPONSOR shall pay to the CONSl11.1'ANT, and the CONSUI:I'ANT shall accept, as full compensation for the
performance by [he CONSUL; LINT' of the Basic Services a lump sum tee of $80,017.25, which covers salaries
of employees assigned to the Project, all indirect costs, all direct expenses, and profit. The maximum fee
under this Agreement cannot be exceeded for any reason, unless Additional Services are authorized and
performed in accordance with the provisions ofArticle I 1 ofthis Agreement. The method ofcomputation of
the CUNSl1LTAN'I"slump sum fee is prescribed in Schedule(s) "B",which is attached hereto and made a part
hereof.
Partial payments of the lump sum fee shall be made monthly on account. The portion of the fee billed for the
CONSl11; rnN'r's Basic Services will be based upon the CoNSULrAN'I"s estimate ofthe proportion of the total
Basic Services actually completed and expenses actually incurred at the time of billing. Payment of the final
invoice will he made upon the substantial completion of the Basic Services covered by the lump sum fee.
h' Illvieiuii?r.u~s A'1_A?TINGCM1VAIe'{iaLee IalanJ ALY l'pJwe.ALP A,..II Imnp ,wn auinl dm 1i9 Y1J
' a,
he CoNSULrnNr may, after giving seven (7) days' notice to the
S PUNSOR, suspend services under this Agreement until the invoice is paid. Upon payment in full by the
SPONSOa, the C'oNSUI; r'nNT shall resume performance or furnishing ofservices under this Agreement, and the
time schedule and compensation set forth in Schedule(s) "B" hereto shall be equitably adjusted to compensate
for the period of suspension.
Execution of this Agreement by the SPONSOR and the CONSUCfnNI' constitutes the SPUNSUa'S written
authorization to the CltNtiul:l'nN'I' to proceed as of the above-written date with the performance of Basic
Services as set forth in Schedule(s) "A". The time for completion of the Basic Services under this Agreement,
subject to the provisions of Articles 12, 13, and 23 hereof shall be as recorded in Schedule(s) "A".
ARTICLE 3-STANDARD OF CARE, STANDARD PRACTICES, AND REQUIREMENTS
The standard of care for all engineering and related services performed or furnished by the CONSULPAN'I'
under this Agreement shall be the care and skill ordinarily used by members ofthe CONSULTAN'1"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 CONSUCI'AN'T shall ascertain the standard practices of the SPONSOR, the
New York State Department of Transportation (the "NYSDOT"), and the Federal Aviation Administration
(the "FAA"), if any, for projects of a type similar to this Project. Where the CONSUL; fnNT deems it practicable
to do so, the services to be provided or furnished under this Agreement shall be performed in accordance w ith
these standard practices as long as they are consistent with the standard of care. If any of these standard
practices are inconsistent with the CoNSULtnN~r's standard of care or are in conflict with one another, or if
strict adherence to the same is impossible or undesirable, then the CUNSUI,inNT'S services may vary or
deviate from such standards.
ARTICLE ~--ENTIRE AGREEMENT
This Agreement, with its accompanying Schedule or Schedules, constitutes the entire agreement between the
SPONSOa and the CUNSIIl.tANT' 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 moditied
only by written instrument signed by the SPONSOR and the CONSUi:1'nN r.
ARTICLE TAX ES, ROYALTIES, AND EXPENSES
Che CONSUCI'ANr shall pay all tales, royalties, and expenses incurred by the CoNSUCrnNI' in connection
with pertbrming its services under this Agreement, unless otherwise provided in Article 2.
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ARTICLE (-CONSULTANT LIABILITY
fo the fullest extent permitted by law, the CONSULTANT shall indemnify the SPUNSUR 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 CONSUL; fnN'I' under this Agreement, up to the limits of any available insurance.
Negligent performance ofservices, within the meaning ofthis Article, shall include, in addition to negligence
founded upon rort, negligence based upon the CUNSIII:rnNr'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 CONSIII, rANT or the SPONSUR beyond such as may legally exist irrespective ofthis Article or this
Agreement.
ARTICLE 7-LABOR LAW REQUIREMENTS
The CONSULTANT, and any subconsultant or subcontractor retained by it in connection with the performance
or furnishing ofservices under this Agreement, shall comply with the requirements ofstate or federal statutes,
regulations, or orders applicable to the employment of employees, as set forth in Schedules "H" and "1",
which are attached hereto and made a part hereof.
The SPONSOR recognizes that the CONSUCIANI' 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 etiect 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 CONSUL'T'ANT' 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 ofthe 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 B--NONDISCRIMINATION PROVISIONS
During the performance of its services under this Agreement, the CONSUIanNT, 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 CONSUCfnNT 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 CONSUl,T.4N1'
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 CONSUL, tnNT'
becomes involved in or is threatened with litigation by a subconsultant, subcontractor, or vendor as a result of
such direction by the SPONSOR, the CONSl1CPAMf shall promptly so notify the SPONSOR'S legal counsel,
requesting such counsel to intervene and protect the interests of the SPONSOR.
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ARTICLE 9-WORKER'S COMPENSATION AND LIABILITY INSURANCE
"I'he Ct)NSUI:tnN'f agrees to procure and maintain at its own expense, and without direct expense to the
SPONSUR, until final acceptance by the SP(1NSUR ofthe services covered by this Agreement, insurance ofthe
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 CUNSUI, InNT shall
furnish the SPONSOR a certificate or certificates, in form satisfactory to the SPONSOR, showing that it has
complied with this Article, which certificate or certificates shall provide that the policies shall nut be changed
or canceled until thirty (30) days' written notice has been given to the SPONSOR. The kinds and amounts of
insurance required are as follows:
A. Policy or policies covering the obligations of the CONSUI: rnNT in accordance with the provisions of
any applicable worker's compensation or disability benefits law, including for the State ofNew 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 ofcommercial 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 ($[,000,000) for all damages arising out ofbodily injury, including
death at any time resulting therefrom sustained by one (I) person in any one (I) 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 (I) accident, and, subject to that limit per
accident, not less than'fhree 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 theCONSULTnNT'ssubconsultants
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 far the CONSULTANT by
subconsultants or subcontractors.
3. Professional liability insurance issued to and covering the liability ofthe CoNSULTnN't' with
respect to all professional services performed by it under this Agreement.
The SPONSOR, the NYSDOT, and the FAA shall be named as additional insureds, as their interests may
appear, under the insurance coverages described in Paragraph B above, except for [he coverage described in
Subparagraph (3), which coverages shall be subject to all of the terms, exclusions, and conditions of [he
applicable policy.
ARTICLE 10-ASSIGNMENT REQUIREM1IENTS
The CoNSULr,vNT 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
F'DiCixiun'Tnnx I'1..\VM.\6 Ch:nllf tuher L.Iwid \IP l:pdalc! \LP Jntl lump ,um +yml d~z t~~~~"A
Commissioner of the NYSDOT, and the FAA
B. I f this provision of the Agreement is violated, Nie SI'(1NSOR may terminate this Agreement for cause in
accordance with the provisions of Article 12. Furthermore, the SPONSOR shall be relieved from any
liability and obligation hereunder to the person, company, or corporation to whom the CONSUI: rnNT shall
assign, transfer, convey, sublet, or otherwise dispose of Chis Agreement in violation of the toregoing
paragraph (A), and such transferee shall forfeit and lose all monies assigned to it under this Agreement,
except so nuich as may be required to pay its employees.
ARTICLE l l-ADDITIONAL SERVICES
If authorized in writing by the SPONSOR through a Supplemental Agreement, the CONSUI: rANr 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 PROJECP AND TERMINATION
A. ABANDONMENT OR AMENDMENT OI''THG 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 he deemed a breach ofthis Agreement. If the SPONSOR amends its
Project or changes the general basis thereof, and the CONSUL TAN'f is of the opinion that Additional
Services are made necessary thereby, then the provisions ofArticle I I ofthis Agreement with respect to
Additional Services shall apply. Ifthe SPONSOR abandons the Project, then the provisions ofparngraph
B(I)(b) below shall govern payment to the CONSUI: rAN'r.
B. TLRMINAIION
T'he 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 pertixm in accordance with the terms ofthis Agreement through no fault ofthe
terminating party. Notwithstanding the foregoing, this Agreement will not terminate as the result
of such substantial failure ifthe party receiving notice begins, within seven (7) days after receipt
of such notice, [o 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 contint(es 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.
h. By the CoNSULT~~N'T upon seven (7) days' written notice if (a) the CONSUI: TAN~t' believes that it
is being requested by the SPONSOR to perform or furnish services contrary to or in conFlict with
the CONSI iLrAN1"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 CUNSUCTANI"s
control; or (c) the SPONSOR has abandoned, or is considered to have abandoned, the Project.
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2. For convenience by the SPONSOR, effective upon the receipt of notice by the CUNSUL: rnNr.
C. PnYML'.N"rS UPUN TERMINATION
I . For Cruse:
a. By the SPONSOR: If the SPONSOR terminates this Agreement for cause upon completion ofany
phase of Basic Services, then progress payments due the CONSUL:L'nNT in accordance with this
Agreement for all such services performed by or furnished through the CONSUI,rANT 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 Por cause
during any phase of Basic Services, the CONSUI;rnNr will also be paid for such services
performed or furnished in accordance with this Agreement by the CONSUL.TnN'fduringfhat phase
through the date oftermination on the basis specified in Schedule(s) "B". The CONSUL; rnN'I' will
also be paid for the charges of its subconsultants, subcontractors, orvendors 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 ofthe termination. The SPONSOR shall
also pay the CONSUCrnN'r for all unpaid Additional Services and unpaid Reimbursable
Expenses.
b. By the CONSULTANT: If the CONSULTANT terminates this Agreement for cause upon completion
ofany phase of Basic Services, then progress payments due the CONSUL, L'rw'r in accordance with
this Agreement for all such services performed or furnished by the CONSUL:rnNT and its
subconsultants, subcontractors, orvendors through the completion of such phase shall constitute
total payment for such services. The CONSULT'AN'T' 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 oftermination, including fair and
reasonable sums for overhead and profit and the costs of terminating the CONSIiI,fAN'f'S
contracts with its subconsultants, subcontractors, or vendors.
2. For convenience
If the SPONSOR terminates this Agreement for convenience upon completion ofany 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
CONSUCPANf during that phase through the date of termination on the basis specified in
Schedule(s) "B". Additionally, the CONSULTANC will be paid for the charges of its
subconsultants, subcontractors, orvendors who performed or furnished Basic Services through
the effective date oftermination. The SPONSOR shall also pay the CONSUI, L'nNT for all unpaid
Additional Services and unpaid Reimbursable Expenses, as well as for the CONSULTAN't'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 casts of terminating the
CONSUI,1',1NT'Scontracts with i[s subconsultants, subcontractors, or vendors.
ARTICLE l3-SUSPENSION OF SERVICES
I f the CUNSUI, rnNT"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 CUNSI it.r;w~r,
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then the CONSUI:rnNT shall be entitled to equitable adjushnents of rates and amounts of compensation to
reflect, among other things, reasonable costs incurred by the CONSUL:rnN'r in connection with the delay or
suspension and reactivation and the fact that the time for performance of the Ct)NSUCLANI''S services
hereunder has been revised. Ifthe delay or suspension persists for more than ninety (90) days, consecutively
or in the aggregate, then the CONSUL; fnN'r may consider the Project to have been abandoned by the SPUNSUR
and may terminate this Agreement for cause.
Upon [he SPUNSOR's resumption of its Project, and if the CoNSUi.TnNT has not terminated this Agreement for
cause, the CoNSUt:rnNT 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 l4-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 CONSULTANL, shall be made available to the
other party to this Agreement without expense to such other party.
ARTICLE 1~DISPOSITION OF PROJECT DOCUMENTS
A[ the time of completion of its services and upon payment in full therefor, the CONSUI,tANT 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 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 CONSUL'PAN'I 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 l(r-CODE OF ETHICS
The CONSUCrnNT specifically agrees that this Agreement may be canceled or terminated if any service tinder
this Agreerent is in conflict with the provisions of Section 7d ofthe 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 CONSUL, rnN'r, 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 SPUNSOR, including, but not limited to, workers'
F i)i~umm roan. I'I_\VpMGI-LUdi.`I''nLer brand.\LP i prime`:\LV Jnll lump ann a4~n1 da ~Pt0.1
compensation coverage, unemployment insurance benefits, Social Security coverage, or retirement
membership or credit.
AR"PICLE I8-PATENT RICIITS 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 ofNew York or its licensees and the
FAA for public use. No material prepared in connection with this Project shall he 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 I S hereof.
ARTICLE l9-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 ofNew 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 ofNew York by the Agreement, makes the State ofNew York a party to this Agreement.
The CONSUI; rnN~r and the SPONSOR agree that properly authorized officials of the State ofNew 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 ofNew York.
ARTICLE 20-FEDERAL PARTICIPATION
The FAA is not a party to this Agreement, although the Project work program covered by this Agreement is to
be financially aided in part by a Grant Agreement between the 9PUNSOR and the FAA as provided for under
the Airport and Airway Development Act of 1970 (P.L. 91258). The SPUNSOR and the CoNSUL'rAN'r 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 CONSUL'rAN'C fiirther 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 CONSLLTAN'r.
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-lVI1SCELLAN EOUS
A. The CONSUI.TAN f 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.
Q. If any provision of this Agreement is held to he invalid, the remainder ofthis Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
8
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C By execution of this Agreement, the CONSI n; I'nN'r represents that it has not paid, and also agrees not
to pay, any bonus or commission for the purpose of obtaining any approval ofthis 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 ofreceipt;
or by anationally-recognized overnight courier service, with proof of receipt. Notice shall be
effective upon the date of receipt. For purposes ofthis 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 ofthis paragraph.
E. This Agreement, and the interpretation and enforcement ofthe provisions hereof, is governed by the
taws of the State of New York.
ARTICLE 22- SU BCONSU LTANTS/SU BCONTRACTORS A N D V ENDORS
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 ofany party to this Agreement shall not constitute a default under this
Agreement nor give rise [o any claim for damage, if and to the extent such delay or failure is caused by
occurrences or events beyond the control of [he party affected, including, but not limited [o, acts of God;
expropriation or confiscation of facilities or compliance with any order or request of government authority,
atlecting 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
CONSULt'nN r to perform its services hereunder in an orderly and efficient manner, then CoNSULrnNT shall
be entitled to an equitable adjustment in schedule and/or compensation.
ARTICLE 24 -DISPUTE RESOLUTION
A. The SPONSOR and the CONSUI, I'nN'T agree to negotiate in good faith for a period of thirty (30) days
from the date of notice of disputes behveen them prior to exercising their right under Section 24B
below. 'fhe thirty-day period may be extended upon mutual agreement of the parties.
If any dispute cannot be resolved pursuant to paragraph (A) above, and only if mutually agreed by
ShoNSOR and CONSULTTANf, 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 ofany 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 ofthe parties that any agreement reached at
mediation become binding. The cost of mediation shall be shared equally behveen the parties.
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IN WITNESS WHEREOF, this Agreement has been executed by the Si~oNSOR, acting by and through the
Supervisor of the Town of Southold, who has caused the seal of his or her ottice to be affixed hereto, and by
the CONSULTANT, acting by and through aduly-authorized officer, etTective the day and year first above-
written, subject to the approval ofthe Commissioner of the NYSDOT, the State Comptroller, and the FAA.
SPONSOR
CONSULTANT
Town of Southol C.4cS F.n ' eers, Inc.
By: ~~ By:
Scott A. Russell iarles R. McDermott
Title: Supervisor
Date: ~~ (-~ 0
Title: Manager Planning Department
Date: ~/~0/OfI
10
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SCHEDULE A-1
SCOPE OF WORK
Project Name: Airport Layout Plan Update
Airport Name: Elizabeth Field Airport, NY
Services Provided: Planning Services
Overview of Services:
C&S Engineers, Inc. (CONSULTANT) shall provide the required professional services to prepare an
Airport Layout Plan Update (Project) for the Elizabeth Field Airport. FAA AC 150/5070-6B,
Airport Master Plans provides general guidelines for the preparation of an airport layout plan update.
Following the approval of the Airport Layout Plan Update by the SPONSOR, the FAA and
NYSDOT, an environmental clearance documents may be needed for projects included on the
approved ALP.
The Airport Layout Plan Update will include the following:
I. Administration Phase
II. Phase I -Airport Requirements
Airtield Inventory
III. Phase II -Review 8 Verification of Existing Planning Data
Forecasts of Aviation Demand
Facility Requirements
IV. Phase III -Implementation
Airport System Design
Financial Plan
V. Airport Layout Drawings
Existing Airport Layout
Proposed Airport Layout
Terminal Area Plan
Airport Airspace Drawing
Inner Portion of the Approach Surface Drawing
Land Use and Ground Access Plan
Airport Property Map
VI. Project Coordination
Summary Report
A- I
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Note: [n accordance with AC l50/5070 6B, the Consultant shall provide a Summary Report and an
Airport Layout Plan Drawing Set only. This scope of work is NOT intended to undertaken as an
Airport Master Plan study.
Attached hereto and made apart thereof is the FAA Eastern Region Airport Layout Plan Checklist
dated July 8, 2002. The attached checklist will be used in the preparation of the ALP drawing set. It
is agreed that any revisions to the attached checklist constitutes additional work.
Administration Phase
This project will be performed by the SPONSOR with grant assistance from the FAA Airport
Improvement Program (AIP) and the New York State Department of Transportation (NYSDOT).
The CONSULTANT shall aid the SPONSOR by acting as their liaison and project coordinator with
the FAA and the NYSDOT. In addition, the CONSULTANT shall assist the SPONSOR in the
preparation of all paperwork required to secure funds for the project. The specific items of work
shall include:
i. Preparation of reimbursement request packages, coordination of their execution by the
SPONSOR, and submission to the funding agencies.
ii. Aid the SPONSOR by acting as liaison and project coordinator with the funding
agencies.
II. Phase I -Airport Requirements
Inventory
This phase involves data collection and inventory of the facilities at the airport, an on-site
visit to confirm information about existing facilities, and an interview with Airport
Management to determine airport facility needs and future business development.
Existing Airport Facilities
Existing Airside and Landside Facilities at the Airport will be documented and compared to
FAA design standards. Available mapping material and aerial photographs will be evaluated
against the on-site visits to the airport.
Airside Facilities refer to all aeronautical surfaces whereupon aircraft operations are carried
out: runways, taxiways, and aprons. This includes an im~entory of the airport
instrumentation, lighting and markings.
Landside facilities refer to those parts of the airport designed to serve passengers, tenants,
airport workers, and airport administration: vehicle access roads, vehicle parking, fuel
facilities, airport utilities, aircraft maintenance areas, and buildings.
A-2
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Scheduled Airport Construction
All recent construction or construction scheduled to be completed within the study period
will be noted as such and included in the Inventory section of the Airport Layout Plan
Update.
III. Phase II -Review & Verification of Existing Planning Data
i. Key Issues
The current and future facility, operational and management challenges that the Airport
currently faces will be documented in this section. The Airport Layout Plan Update will
evaluate and make recommendations how to best handle these challenges. Attention will be
given to the following items:
• Accessibility of aircraft to areas on the airport
• Obstructions
• Compliance with FAA design standards
• Environmentallssues
ii. Forecasts of Aviation Demand
Forecasts of aviation demand provide the basis for the demand/capacity analysis, the
determination of facility requirements, and any recormmendations for Airport development.
The latest available FAA Terminal Area forecasts will be used to determine facility
requirements.
Existing forecasts of aviation demand will be validated for:
• Based Aircraft
• Based Aircraft Fleet mix
• Annual Airport Operations (local and itinerant)
• Peak Period Activity (peak month, design day, and design hour)
• Instrument Approaches
iii. Facility Requirements
Facility requirements are developed from information obtained in the demand/capacity
analysis and from the various FAA advisory circulars and regulations that provide criteria
for design of airport components.
Airside Facilities
• Runways
• Taxiways
• Aprons
• Airport instrumentation and lighting
A-3
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Landside Facilities
• "terminal area
IV. PHASE III -IMPLEMENTATION
i. Airport System Design
This phase of the Airport Layout Plan Update describes the development program. The
development program will be described and the basis for the proposed items developed will
be presented in three phases as dictated by forecast demand: short, intermediate, and long-
term.
ii. Financial Plan
The financial plan identities capital improvement projects in three phases and the possible
financial obligations to be assumed by the federal and state government, the airport sponsor,
and private sources.
A priority system will be developed and used in this study to produce priority rankings of
development projects. The objective is to establish an eYlicient order for project
development and implementation. Special emphasis will be placed upon airport improve-
ment projects proposed For the short (5-year) term planning period.
V. Airport Layout Drawings
Airport Layout Plan Drawings will be prepared in accordance with the attached Eastern Region
Airport Layout Plan Checklist (see attached).
Existing Airport Layout
The existing airport layout illustrates the airport, with appropriate design standards as it
exists today.
ii. Proposed Airport Layout
The airport layout plan will illustrate the development plan for the airport in three phases
based on the preferred alternative.
iii. Runway End Siting
FAA AC 150-5300-13, Airport Design, Appendix 2 identifies specific dimensions and slopes
for all rumvay ends based on the type of aircraft operations and instrumentation associated
with that runway. A Runway End Siting will be completed as part of the Airport layout
Plan Update.
A-d
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iv. Terminal Area Plan
The recently completed Terminal Area Plan graphically depicts landside development and
will be incorporated into the updated ALP drawing.
v. Airport Airspace Drawing
Obstruction data is not available for the Fisher's Island Airport (i.e., NOAA Obstruction
Chart, obstruction study, etc.) and the previous ALP is from 1987. As a result, a field survey
will be conducted to identify approximately 50 tree top elevations and building top
elevations that penetrate the primary, approach, and transitional surfaces at the airport in
accordance with FAR Part 77, Objects Affecting Nnvigcrble Airspace. An aerial photograph
will be obtained to assist in identifying obstructions and preparing the Airport Airspace
Drawing. This plan will depict airport boundary lines, runway layout and runway protection
zones, roadways, FAR Part 77 surfaces (based on ultimate development), existing land uses,
and obstructions.
vi. Inner Portion of the Approach Surface Drawing
Large scale plan views of inner portions of approaches for each runway, usually limited to
the RPZ areas, will be provided on the drawings. These plans will also include an
obstruction treatment program to eliminate any identified obstacles.
vii. Land Use and Ground Access Plan
The Land Use Plan will describe the most compatible use of land adjacent to the airport for
future years. This plan can serve as a land development guide since it will contain specific
recommendations that will be compatible with airport operations from the standpoint of
potential noise impact and obstruction criteria.
The Land Use Plan will be prepared based on noise and environmental conditions. Utilizing
information on the existing land use and noise environment, maps at 1" = 1,000' will be
prepared for existing and future conditions displaying noise impact from DNL 65 dB.
The ground access portion of this plan will generally identity improvements that are
necessary to the highway system in the airport environs. The existing local highway
network, inaddition torecommended on-airport access improvements, will be depicted on a
plan.
viii. Airport Property Map
fhe Airport Property Map will be prepared to the same scale as the Airport Layout Plan and
shall be in accordance with the latest version of the Eastern Region checklist:
Drafting symbols and legend table to indicate the types of acquisitions
involved with each tract or area.
A-5
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• Data table with a numbering system showing pertinent data applicable to
property acquisitions.
• Airport property and easement boundary lines.
VI. Project Coordination
Public Participation
"Chere is no public participation included as part of the Airport Layout Plan Update.
Coordination
CONSULTANT should schedule three meetings with the airport management:
• Kick-off meeting -study definition, Airport Layout Plan update process
orientation, and existing airport inventory.
• Review proposed airport development plan.
• Review of final development plan, financial plan, and airport layout plan.
Summary Report
CONSIJLTtANT shall provide ten copies of the final Airport [.ayout Plan Update report,
including ten full-size sets of drawings. The FAA NYADO and NYSDOT will be provided
with copies of all necessary reports and drawings.
END OF SCHEDULE
A-6
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vsioz
Eastern Region
Airport Layout Plan Checklist
This checklist is required for use by consultants, airport sponsors, and FAA Airports District Office (ADO)/Airport
Field Office (AFO)IState Block Grant personnel to insure that all pertinent information is reflected on the Airport
Layout Plan (ALP) set of drawings for airports seeking formal FAA/State Block grant approval of a new or updated
ALP. This checklist is not required for minor pen and ink changes to an approved ALP. The checklist can be used for the
small airports as well as for the larger, more complex ones and therefore every drawing or item in the checklist may not apply
in all airport situations. Items that are always required are identified on the checklist. Other optional items that are required
should be identified in the scope of work. In addition, all of the drawings may not be required. The ADO and state personnel
with the sponsor will identify what drawings are required in the scope of work. This involves the ADO and state working
closely with the airport sponsor and their consultant to evaluate and reach agreement on the use of the checklist in the ALP
project during the drafting of the scope of work. The individual checklist items as well as the case-by-case drawings that
apply to a given airport situation depend on the nature and complexity of the facility and the evaluation during the ALP
workscope determination process. Sound planning and understanding of local needs and conditions should be taken into
account during this process. If during or after this process, the airport sponsor or their consultant disagrees with the ADO
regarding the applicability of any element of the checklist to a given ALP project, they should provide the rationale for any
such disagreement to the ADO. The ADO shall determine whether or not the rationale is acceptable and make the
appropriate determination. In summary, this checklist should be used as part of the ALP workscope development process,
during the preparation of the ALP, and in the draft and final ALP reviews.
AIRPORT: Elizabeth Field Airport LOCATION: Fisher's Island, NY
SPONSOR: Town of Southold, NY DATE:
Signature
CONSULTANT: C&S Engineers Inc. DATE:
Signature
STATE:
Signature
DATE:
FAA PROJECT MGR: Jose Moreno DATE: 5/l2/US
THIS CHECKLIST WAS COMPLETED FOR (check all that have been completed):
( )ALP Workscope Purposes
( )ALP Preparation Purposes
( ) ALP Review Purposes
For FAA use on
REVISIONS
Revision
F,~ge 1 of 16
~isinz
Eastern Region
Airport Layout Plan Checklist
Note: The following information provides specific instructions on its use in terms of completing the checklist. This checklist
should be reviewed three separate times: first in the preparation of the scope of work, second during the sponsor's
preparation of the drawing and finally during the ADO and state review.
Specific Instructions:
When used for ALP Workscope preparation purposes, An "X" mark should be put in the "Required in Scope"
column for each checklist item to indicate that it is required on the ALP. Leaving the cell blank will indicate that the item
is not required. Note that some items already have an "X". These are items that are not optional and will always be
required on the specific drawing. The Workscope should be prepared as a joint effort by the airport sponsor (and their
consultant) and the ADO. Any item requiring explanations should be given as remarks.
2. When used for ALP preparation purposes, the preparer (airport sponsor and their consultant) should put an "X"
mark in the "Sponsor Check" column for each item that is included on the ALP. Note these items should match up with
the Xs in the "Required in Scope" column. If this is not the case the sponsor should provide additional information in the
remarks section or upfront in the overall remarks section. The checklist completed by the preparer should (shall, if so
stated in an agreed to ALP Workscope) be submitted to the ADO with the draft ALP drawings.
3. When used for ALP review purposes, the ADO and state reviewers will put an "X" mark in the "ADOIAFO/State
Check" column to confirm that every item required in the work scope has been included on the drawings in a satisfactory
manner. The ADO should submit the completed checklist to the preparer with the marked-up draft ALP drawings and/or
ALP written comments.
References:
The ALP checklist below is based primarily on Appendix 7 of AC 150/5300-13, Airport Design, latest edition. Appendix 7
covers ALP components and preparation. The Airport Property Map (formerly Exhibit "A") component of the ALP checklist is
based primarily on AC 150/5100-17 latest edition, Land Acquisition and Relocation Assistance for Airport Improvement
Program Assisted Projects.
Use the space below for any detailed remarks.
Page 2 of lh
vaiaz
Eastern Region
Airport Layout Plan Checklist
I DRAWINGS REQUIRED
Required
In Scope
X Sponsor
Check
X ADO/AFO/
State
Check
?C Remarks
a. Narrative Re ort X XX
b. Existin Air ort La out Drawin Pa es 4-8
c. Pro osed Air ort La out Plan Pa es 4-8 X
d. Air ort Airs ace Drawin Pa es 9-10 X
e. Inner Portion of the Approach Surface Drawing.
Pa es 11-12 X
f. Terminal Area Drawing/GA Terminal Area. (Page
13
g. Land Use Plan Drawing including RPZ Control
Plan Pa a 14 XX
h. Airport Property Map Drawing, (Formerly
Exhibit. "A" . Pa a 15-16 XX
i. Utili Plan Drawin
Note: Normally, the Airport Layout Drawing and the Airport Airspace Drawing should be presented on separate sheets. The
Property Map (formerly Exhibit "A"), if done as part of a new or updated ALP set of drawings, should also be depicted on a
separate sheet (or sheets for large airports).
P,ige 3 of 16
7/x/112
Eastern Region
Airport Layout Plan Checklist
EXISTING AIRPORT LAYOUT DRAWING AND PROPOSED ALP
II. Purpose: The Existing Airport Layout drawing is an inventory of the airport and should show all existing facilities
rt
and airport design standards. The proposed Airport Layout Plan (ALP) represents the 20-year plan for the airpo
i
rport
and should illustrate all existing facilities and airport design standards as well as proposed development, a
desi n standards and future land use. An develo ment at the air ort must be shown on an a roved ALP.
Required
in Scope
X
1. Features and Facilities
a . La out of existin and ultimate facilities X
b . Wind rose and covera a anal sis' X
c . Standard air ort and runwa data tables. X
d . Standard Le end and buildin tables. X
e . Title and revision blocks. X
. S onsor a royal block. X
(g). List of approved modifications to FAA Airport
Design Standards (with dates), including proposed
and tanned MOS See Standard table
h . List of non-std. Conditions/ ro osed dis osition.
2. Pre aration Guidelines:
" XX
.
(a). Sheet Size, recommended 22"x34
b . Scale, Determined b size 1"=200' to 1"=600'
1 Show Bar Scale. X
2 Metric conversion table
c . North Point: X
X
1 True
2 Ma netic and ear of ma netic declination. X
3 North is to to left of drawin .
(d). Wind Rose: Explain in Remarks for Data source X
if wind data not available for ALP wind rose.
(1) Data source and time period covered (latest X
10-yr period, using 36 point) Individual
Combined covera e.
(2) Individual and combined coverage, see X
paragraph 203b of AC 150/5300-13, Airport
Desi n for information on wind conditions.
Runwa s with 10.5 knots crosswind
a X
.
b . Runwa s with 13 knots crosswind XX
c . Runwa s with 16 knots crosswind
d . Runwa s with 20 knots crosswind
e . IFR Windrose.
e . Air ort Reference Point ARP
1 Existin nearest second NAD 83 . X
2 Ultimate nearest second NAD 83 . X
3 Use crosshair to define the location X
(f). Topographic Information -Ground contours at X
intervals of 2' to 10'. Show rinci al drains a features.
Wetland and Flood lain boundaries
(h). Elevations:
(1). Runways -Indicate at existing and ultimate X
ends, displaced thresholds, touchdown
zones, Intersections, high and low points -
accuracy to the nearest 1/10 ft. If
Obstruction Chart (OC) exists for the
air ort, should use elevations from OC.
(2). Structures on Airport - If no Terminal Area XX
Plan Drawing -show top elevations on this
sheet. Use table and numberin s stem.
"This item may be incorporated m the i me page ui u~a r~~.
P,~q? 9 ~f 1(
~ixiuz
Eastern Region
Airport Layout Plan Checklist
II. EXISTING AIRPORT LAYOUT DRAWING AND PROPOSED ALP continued
Required Sponsor ADO/AFO Remarks
in Scope Check /State
X X Check
X
i. Runwa
1 . Dimensions -Len th and width. X
2 Runwa Centerline X
3 . Orientation:
a . Show runwa end numbers. X
b . True bearin nearest 1110 de ree X
4. Li htin
a . Show threshold li hts.
b . No runwa ed a li hts on drawin .
5. Markin
(5). Show staged lengths if new runway or if runway
extension will be develo ed in sta es.
(a). Show interim staged lengths on stage
develo ment sketches in ALP Re ort
7 . End Coordinates all in NAD 83 "
(a). Show existing runway end coordinates X
(nearest 1/100 of a second, NAD 83. If OC
exists for airports, coordinates should
come from OC and should be rounded to
the nearest 1/100 of a second. (See below
for roundin rules "
(b). For interim staged runway development
show end coordinates. (nearest 1/100 of a
second, NAD 83 ."
c Dis laced thresholds" X
d Grid crosshairs in latitude and Ion itude X
(8). Monuments - (Show location of all survey
monuments and reference markers. Note how
monuments are rotected .
(g). Declared Distances -Identify any stopways
and/or clearwa s used in declared distance.
10 . An dis laced thresholds. XX
11 . An cleanva s.
(12 . An sto wa s. XX
13 . BRL
(14). Separation dimensions from BRL (and any
arallel runwa s.
15 . Runwa Visibilit Zone
Runwa Ob'ect Free Area OFA X
k . Precision Ob~ect Free Area POFA
I .Runwa Safe Areas. X
(m). Obstacle Free Zone (OFZ). -Specify "NO OFZ
PENETRATIONS" when no object other than
frangible NAVAIDS penetrates the OFZ.
Otherwise show the object penetration and
indicate how they will be eliminated. The OFZ
ma be de icted on the drawin with dimensions.
'This item may be incorporated in the Title page of the ALP.
"All Coordinates should be in NAD 83 and if an OC exists for the airport, any existing information should be taken from the OC. The
coordinates should be rounded to the nearest 11100 of a second. Rounding rules as follows: Above or at .005 rounds up, below .005
rounds down.
Page 5 of 16
7/ft/0?
Eastern Region
Airport Layout Plan Checklist
II. EXISTING AIRPORT LAYOUT DRAWING AND PROPOSED ALP continued
Reyuired
in Scope
X Sponsur
Check
X ADO/AFO
/State
Check
X Remarks
(n). Threshold Details -Depict the threshold with
coordinates -accuracy to nearest 1/100 of a
second, elevation, displacement from runway
end, and print "No Threshold Siting Surface
Object Penetrations" or show object penetrations
and indicate how the will be eliminated. XX
(o). RPZ details per paragraph 212, Table 2-4, and
Fi . 2-3 of AC 150/5300-13, Air orf Desi n. X
1 . Show size with dim. existin 8 ultimate X
(2). Existing and Proposed Airport interest in
RPZ fee or easement, or non-air ort . X
(3). If declared distance is used show
approach and departure RPZs X
(p). Approach Surface Slope -Label approach surface
slo a with RPZ X
(q). Holding position and markings. Depict the holding
position and marking distance from runway
centerline, with dimension lines.
r . Taxiwa Details -Include the followin
1 . Width. X
(2). Separation dimensions from parallel
runwa sand taxilanes. X
(3). Clearance dimensions to objects, including
aircraft arkin areas.
4 . Taxiwa Safet areas X
s .Aron details existin /ultimate "'
1 . Dimensions width and len th .
2 . Aircraft arkin arran ement.
3 . Taxilanes. XX
t . Navaids and visaids existin ./ultimate .
1 . Location and t e. X
u . Terminal area existin /ultimate .
(1). Show and identify all main structures.
Identify by using facility table if no terminal
area Ian. X
2 . Han ar areas and related taxiwa s. X
3 . Auto arkin and entrance road. X
v . Wind cone/tee and se mented circle. X
(w). Any weather equipment (e.g., AWOS, ASOS,
etc., includin related critical areas . X
x . Air ort service roads. X
. Air ort fencin X
z . Air ort Data Table See Standard Table 1 X
1 . Air ort elevation nearest 1/10 ft . X
2 . ARP lat./Ion ., nearest secondlNAD-83. X
3 . Mean dail max tem erasure. X
4 . Combined wind covers e VFR/IFR % . X
5 . Air ort ma netic variation and date. X
(6). ARC for design aircraft accommodated at
the air ort fora roach ur oses. X
7 . NPIAS service level, GA, RL, P, etc. X
"' Not required if addressetl in I ermmav~H Nrea rian.
Page 6 of 16
~isnrz
Eastern Region
Airport Layout Plan Checklist
II. EXISTING AIRPORT LAYOUT DRAWING AND PROPOSED ALP continued
Required Sponsor ADO/AEO Remarks
in Scope Check /State
X X Check
X
(8). State equivalent service role (local,
communit , re Tonal, etc.
9 . Taxiwa li htin
10 . Taxiwa hold line X
XX
11 . Air ort and Terminal Navaids. X
12 . Others indicate in remarks .
as . Runwa Data Table See Standard Table 2
(1)Latitude and longitude of each runway end
existin /ultimate. NAD 83 X
(2). Approach visibility minimums (include
existing/proposed, i.e.; V, 1 mile, 3/4
mile, 1/2 mile, CAT II/III.
3 . FAR Part 77 Cat. and a roach slo e. X
4 . Dimensions width and ten th . X
5 . Pavement t e. X
6 . Pavement desi n siren th. X
7 . Li htin X
8 . Markin X
9. Percent radient. X
10 . Maximum rade within runwa ten th. X
11 . Line of si ht re uirements. X
12 . Percent wind coves e. X
13 . Visual a roach aids PAPI, REIL, etc.. X
(14). Instrument approach aids (ILS, LOC,
etc. . X
15 . ARC for each runwa
(16). Identify the critical aircraft. If more than
one aircraft involved, then identi as follows:
a .Critical aircraft b win s an.
b .Critical aircraft b a roach s eed.
c .Critical aircraft b wei ht.
17 . Sta a Len ih if critical aircraft over 60KIb
18 . RSA dimensions. X
19 . OFA dimensions. X
(20). OFZ. Specify "No OFZ object
penetrations" if no abject other than
fran ible Navaids enetrates the OFZ.
22 . Runwa elevations nearest 0.01 ft. .
a . Existin end. X
b .Ultimate end.
c .Dis laced threshold. X
X
~
(d .Touchdown zone. ~
23 Dis laced Threshold
24 Effective Runwa Len ht
XX
bb . Declared Distance Table See Standard Table 7
1.TORA.
2 . TODA.
3.ASDA.
4.LDA.
5 . LDA - A roach end RSA ten th
6 . LDA - Sto end RSA ten th
7 . ASDA -RSA Len th
8 . Date of A royal
cc . Le end Table. See Standard Table 4 . X
page 7 o E 16
~ixniz
Eastern Region
Airport Layout Plan Checklist
[I. EXISTING AIRPORT LAYOUT DRAWING AND PROPOSED ALP continued
Reyuired
in Scope
X Sponsor
Check
X ADO/A FO
/State
Check
X Remarks
(dd). Facilities Table, (See Standard Table 5) identify
by number and description. Show top building
elevation if no terminal area drawin . XX
ee . Location and vicinit ma s' X
Title and Revision Blocks. X
A royal Block on ALP FAA, S onsor & State X
(hh). Modification of Standard Table (See Standard
Table 3 X
(ii). RSA Determination Table
See Standard Table 6
Standard FAA Ian ua a See Standard Table 11 X
"This item may be incorporated in the I rtle sneer o[ me HLr.
Page 8 of 1Fi
nsinz
Eastern Region
Airport Layout Plan Checklist
III, AIRSPACE DRAWING
Purpose: The airspace drawing illustrates all proposed Part 77 surfaces and identifies any penetrations to
Penetrations on the inner approach surface should be shown on the inner approach
uter surfaces
.
o
drawin .Pro osed actions to miti ate obstructions should be rovided.
Required Sponsor ADO/AFO Remarks
in Scope Check /State
X X Check
X
1. Part 77 Surfaces
(a). Plan view of all Part 77 surfaces based X
on proposed runway lengths.
(b). Profile views of proposed Part 77 XX
a roaches
(c). Obstruction Data Table, as appropriate XX
2. Pre aration Guidelines:
a . Sheet Size, Same as ALP Drawin X
(b). Scale, recommended; 1" = 2000' for
plan view
1" = 2000' (horizontal) and
1" = 100' vertical fora roach rofiles.
(c). Title and Revision Blocks, format sees X
ALP Drawin .
d . Plan view details.
(1). Use current USGS 71/2 minute Quad
for base map when available
(latitude/longitude grid tick on map). Show
area under all applicable. Part 77 airport
imaginary surfaces.
(2 . Show runwa end numbers. X
(3). 50-ft elevation contours on all sloping
imaginary surfaces.
(4). When horizontal and/or conical
surfaces overlap the approach surface,
show the most demanding surfaces
with solid lines and others with dashed.
(5). Show objects, by numbers and top
elevation of any that are obstructions.
Note and reter to inner portion of
approach surface drawing for details on
any close-in approach obstruction.
(6). For precision instrument approaches,
show entire 50,000' approach surface,
(may show outer approach on separate
sheet
(7). Include a note specifying any height
restriction zoning ordinancesJstatutes in
the airport environs.
(8). Identify land uses in the FAR Part 77
area, especially those incompatible with
normal airport operations. ""
(9 . RPZ for ro osed runwa . X
(10). Airport ultimate property lines and X
easements
11). Existin hazardous beacons
e . A roach Profile Details
(1). Ground profile use highest terrain
across length and width of the
a roach surfaces.
''`~"If USGS map is used, this item is not required.
page 9 of 16
7/%/02
Eastern Region
Airport Layout Plan Checklist
Ilt. AIRSPACE DRAWING (continued)
Required Sponsor ADO/AFO Remarks
in Scope Check !State
X X Check
X
(2). Show top elev., by number, all
significant objects within the approach
surface; e. ., roadwa ,towers, etc.
(3). Show existing and ultimate runway ends
and Part 77 a roach slo es.
(4). Show threshold and slope based on
threshold siting requirements per
Appendix 2 of AC 15915300-13, Airport
Desi n, if a licable.
(f). Show profile of entire runway if space
available on sheet. As minimum, show
end elev. & high/low points (nearest 1/10
ft .
Obstruction Data Table See Standard Table 8
(1). List all obstructions shown in the plan X
and/or rofite views.
(2). Identify obstructions by number in plan
profile, description and amount of Part
77 surface penetrations and proposed X
disposition of the obstruction including
no action.
(3). For any close-in obstructions in the
approach areas, include note and refer X
to the obstruction tables on the inner
ortion of the a roach surface drawin .
Page 10 0l 16
six/oz
Eastern Region
Airport Layout Plan Checklist
INNER PORTION OF THE APPROACH SURFACE. DRAWING
ly, Purpose: The Inner Portion of the Approach Surface Drawing provides a detailed illustration of close in
itional surface and a proposed action
t
rans
obstructions. It identifes all obstructions in the inner approachlprimary
to mitt ate them. 9 p REMARKS
Re aired S onsor ADOlAFO
in Scope Check /State
X ~( Check
X
1. Features:
(a). Show each runway end, large scale
X
plan view of the inner portion of the
approach (existing/ultimate.). Limit to
area where Part 77-approach surface
reaches a maximum of 100-foot height
above the runwa end.
(b). Projected profile views of item a. X
above, for each runwa end.
(c). Obstruction tables for the existing and X
ultimate inner portion of the approach
area for each runwa end.
2. Pre oration Guidelines:
a . Sheet Size, Same as ALP Drawin X
(b). Scale, recommend; X
horizontal 1" = 200', Vertical 1" = 20'
(c). Title and Revision Blocks- Same X
format as ALP Drawin .
d . Plan View Details
(1). Use aerial photos for base maps
when available.
(2). Use numbering system to identify X
obstruction.
(3). Depict property line when it is X
located within the area.
(4). Show elevations and clearances for
roads, railroads, waterways, etc., at
the approach surface edges and
extended runway centerline.
Number these points and key to
profile view and obstruction table,
as a ro riate.
t X
opways,
(5). Depict ends of runways, s
clearways, safety areas, and object
free areas existin /ultimate .
(6). Show ground contours within the X
area.
(7). Show existing ultimate approach X
and de arture RPZ's.
(8). Indicate existing/ultimate Part 77 X
a roach slo es.
e . Profile View Details
(1). Depict the ground along runway X
safety area and signifcant items
such as fences, stream beds,
roadways, etc., regardless of
whether the items are obstructions
(2). Identity obstructions with number X
from Ian.
(3). Depict cross- section of roads and
railroads where they intersect outer
ed es of a roach surface.
Page 11 of 16
7/8/03
Eastern Region
,airport Layout Plan Checklist
IV. INNER PORTION OF THE APPROACH SURFACE DRAWING continued
Required Sponsor ADO/AFO REMARKS
in Scope Check /State
X X Check
N
(4). Show approach surface, threshold
shin surface & PAPI surface X
Runwa Centerline Profile
(1) Scale (vertical sufficient to show X
line-of-si ht re uirements.
(2) Elevations (stations and elev. at
runway ends and at all points of X
rode than e
Obstruction Table See Standard Table 8
(1). Prepare separate table for each
approach surface (existing /ultimate) X
and specify type and slope of the
Part 77 a roach surface.
(2). List obstructions. by number in plan
for inner approach ,primary and X
inner transitional surfaces. Include
the amount of Part 77 surface
penetration and proposed
disposition of obstructions, also no
action.
Page 12 of 16
~ixinz
Eastern Region
Airport Layout Plan Checklist
V 'GERMINAL AREA DRAWING
Purpose: The terminal drawing provides a small scale drawing of existing and proposed terminal area
development and is used to identify taxilanes and aircraft parking layout. This drawing may not be required for
small air orts.
Required Sponsor ADO/AFO REMARKS
in Scope Check /State
}t X Check
K
1. Features:
(a). Large scale plan view of the area (or X
areas) where the aprons, buildings,
han ars, arkin lots, etc., are located.
2. Pre aration Guidelines:
a . Sheet Size, Same as ALP Drawin X
b . Scale, 1" = 50' to 1" = 100'
(c). Large-scale plan view of terminal area
(or areas) showing details of aprons,
buildings, hangars, parking lots, etc. X
X
Existin !Ultimate. .
d . BRL X
(e). Depict separation between objects and
taxiwa s, taxilanes, and tiedowns. X
(f). Title and Revision Blocks, Same as X
ALP Drawin .
. Facilities Data Table See Standard Table 5
(1). Structure identification number
(identify structures on plan
view with numbers instead of X
words.
2 . To elevation on structures. X
(0). Obstruction marking
Existin /Ultimate
(h). Legend, Include symbol for planned X
removal, abandonment., etc.
Pale 13 0 [ 16
~ixioz
Eastern Region
Airport Layout Plun Checklist
VI LAND USE DRAWING
Purpose: The land use plan drawing depicts existing and recommended use of all land within the ultimate
airport property line (on airport) and in the vicinity of the airport (off airport). It provides a plan for aviation/non
aviation related use areas on the airport, for guidance on compatible land uses in close proximity to runways,
for line of sight between runway ends and within runway visibility zones, for guidance to local authorities for
establishin a ro riate zonin in the vicinit of the air orl and a RPZ control Ian.
Required Sponsor ADO/AFO/ Remarks
in Scope Check State
X X Check
X
1. Pre oration Guidelines:
a .Sheet Size, Same as ALP Drawin X
(b . Scale, Same as ALP Drawin
(c). Title and Revision Blocks, Same as X
X
ALP Drawin
(d). Base Map, Use aerial photos when
available.
(e). Legend, Use std. drafting symbols to X
show various parcels and/or areas on
and off the airport (existing /ultimate).
Show uses b eneral cafe o
.Public Facilities
(1). Depict the location of all public
facilities (e.g., schools, hospitals,
prisons, parks, etc.) in the vicinity of
the air ort.
(2). Show current noise contours, if
available date of data used .
. Drawin Details
(1). Normally limited to existing and X
ultimate features (i.e., runways,
taxiways, RPZ's, terminal buildings
and Navaids, etc.
(2). Show details to determine
aeronautical areas versus non-
aeronautical areas.
(3) RPZ Control Plan (See Standard X
Table 10
4 Land Use exisiin and ro osed X
5 Zonin existin and ro osed X
(6) Airport Property Line (existing and X
ro osed
7 Pro osed ro ert ac uisition
(h). Note regarding any existing airport
zonin districts/re ulations
Page L9 of 16
~ixlo2
Eastern Region
Airport Layout. Plan Checklist
VII AIRPORT PROPERTY MAP Former) Exhibit "A"
. Purpose: The primary intent of the airport property map (formerly Exhibit "A") drawing, is to identify all land
which is designated airport property and to provide an inventory of all parcels which make up the airport. It is
a document that must be on file in the ADO as part of the development project process. If it is not on file, or
this drawing can be prepared as part of the ALP set of drawings. As a minimum, the
needs updating
,
Property Map (formerly Exhibit "A") muss show the current airport research, available mapping/surveys, and
as required. Physical survey of boundaries is generally not required. In those instances
field verification
,
where field survey may be considered necessary, the property line and runway should be tied to the State
rid s stem. Standards for recision and accurac would be art of this review
Reyuired Sponsor ADO/AFO REMARKS
in Scope Check /State
X X Check
X
1. Pre aration Guidelines:
a .Sheet Size, Same as ALP drawin X
(b). Scale, Same as ALP drawing X
Show bar scale.
(c). Title and Revision Blocks, See ALP X
Drawing. Clearly label as Airport
Pro ert Ma former) Exhibit "A"
(d). Legend, Use standard drafting X
symbols and legend table to indicate
the type of acquisition involved with
each tract or area. (See Standard Table
3
2. S ecific Pro a Ma re wired items:
(a). Identify existing and proposed airport X
roe line.
ti
th X
e en
re
(b). Each parcel making up
airport must be shown and numbered.
In addition, parcels, which were once
air ort ro ert ,must also be shown.
(c). Both fee and easement interest must X
be shown and se aratel desi nated.
(d). Delineate runways, taxiways, RPZ's, X
TSA's, RSA's, OFA's, BRL's, Terminal
Buildings, and Navaids for proposed
develo ment.
e . Ma netic and true north arrows. X
3. Existin Pro ert Table See Standard Tables 9
(a). Show an inventory of all parcels by tax X
parcel number, type of interest, acreage,
date of acquisition, purpose of
acquisition and AIP or PFC grant or
application number.
(b). The purpose of acquisition if acquired
under a Federal grant (approach
protection., aeronautical, noise
compatibility, current or future
development.) based on the grant
description must be indicated, plus any
s ecial conditions.
4. Pro osed Ac uisition Table See Standard Tables 9
(a). Show all proposed land acquisition
includin owner acres a and ur ose.
5. Pro osed Easement Ac uisition Table See Standard Tables 9
(a). Show all proposed easement
acquisition including owner, acreage and
t e of easement.
Page 15 of 16
~ixna
Eastern Region
Airport Layout Plan Checklist
. ~~. ~,._...:.......n
ufi, AIRPORT PROPERTY M AY rormer r r,xmur. .~ ~~••••
ADO/AFO ••_--~
REMARKS
Reyuired Sponsor
in Scope Check !State
X X Check
x
6. The Property Map must be dated and X
amended whenever there is a change to
any airport property.
7. Meles and Bounds far proposed Airport
Pro ert Line
8. Points of reference for tracing parcels
from a deed description by scaling should
be shown. As new parcels are acquired,
the property map should add their
associated bearings and lengths to
enable quick confirmation of the parcel's
location. XX
9. Fencing, if it does not obscure airport
bounds lines.
Pa~7e 1 ti of 16
ARCHITECTURAL/ENGINEERING
COST SUMMARY
SCHEDULE "B"
PLANNING PHASE
DATE: 06-May-08
PROJECT NAME. Airport Layout Plan Update AIE C & S ENGINEE RS, INC.
PROJ DESCRIPTION Update to the Airport Layout Plan and preparation .
PROJEC T NO: TBD
of a narrative report
C&S CONTACT. McDermott
CLIENT:
CLIENT MANAGER.
I. DIRECT SALARY COSTS: MAXIMUM AVERAGE
RATE OF PAY RATE OF PAY
($/HR) ($/HR) ~ HOU RS COST
TITLE
SERVICE GROUP MANAGER
A $73.20 $63.30 X 2 = $127.00
.
DEPARTMENT MANAGER
B $63.30 $48.30 X 2 = $97.00
.
MANAGING ENGINEER
C $45.50 $44.10 X 44 = $1,940.00
.
CHIEF ENGINEER
D $45.00 $43.00 X 0 = $0.00
.
SENIOR PROJECT ENGINEER
E $39.90 $35.90 X 0 = $0.00
.
PROJECT ENGINEER
F $38.10 $32.50 X 0 = $0.00
.
ENGINEER
G $34.10 $31.60 X 0 = $0.00
.
STAFF ENGINEER
H $28.40 $24.70 X 0 $0 00
.
SENIOR DESIGNER
I $34.10 $29.40 X 160 = $4,704.00
.
DESIGNER
J $28.40 $2260 X 0 = $0.00
.
CADD OPERATOR
K $20.30 $18.70 X 0 = $000
.
ADMINISTRATIVE ASSISTANT
L $22.50 $18.70 X 60 = $1,122.00
.
GRANTS ADMINISTRATOR
M $33.60 $30.20 X 40 = $1,208.00
.
MANAGER AIRPORT PLANNING
N $50.80 $48.80 X 16 = $78100
.
SENIOR PLANNER
O $5090 $40.10 X 306 = $12,271.00
.
PLANNER
P $35.70 $33.10 X 40 = $1,324.00
.
STAFF PLANNER
O $27.30 $25.20 X 0 = $0.00
.
SENIOR PROJECT ARCHITECT
R $37.30 $34.40 X 0 = $0.00
.
PROJECT ARCHITECT
S $31.50 $29.90 X 0 = $0.00
.
MANAGING GEOLOGIST (SOILS ENG)
T $47.70 $45.60 X 0 = $0.00
.
GEOLOGIST
U $22.90 $21.50 X 0 = $0.00
.
ENVIRONMENTAL SCIENTIST
V $2940 $25.80 X 0 = $0.00
.
SENIOR CONSTRUCTION SUPERVISOR
W $56.70 $54.60 X 0 = $0.00
.
CONSTRUCTION SUPERVISOR
X $45.50 $44.10 X 0 = $0.00
.
RESIDENT ENGINEER
Y $39.80 $37.90 X 0 = $0.00
.
CHIEF INSPECTOR
Z $31.50 $29.90 X 0 = $0.00
.
SENIOR INSPECTOR
AA $28.10 $24.20 X 0 = $0.00
.
INSPECTOR
BB $28.40 $25.20 X 0 = 50.00
.
JUNIOR INSPECTOR
CC $17.90 $16.80 X 0 = $0.00
.
SENIOR TECHNICAL ADMINISTRATOR
DD $26.80 $25.20 X 0 = $0.00
.
PARTY CHIEF
EE $48.90 546.60 X 0 = $0.00
.
INSTRUMENT MAN
FF $46.10 $44.00 X 0 = $0.00
.
GG. RODMAN $46.70 544.00 X 0 = $0.00
TOTAL ESTIMATED DIRECT SAL ARY COST: $23,574 00
II. OVERHEAD EXPENSES 8 PAYROLL BURDEN PER SCHEDULE "C" -
(AUDITABLE, ESTIMATED AND EXPRESSED AS A PERCENTAGE
0000/a
160 $37 718.00
OF DIRECT SALARY COST): .
561.292.00
III. SUBTOTAL OF ITEMS 1811:
B-1
IV. ESTIMATE OF DIRECT EXPENSES
A. TRAVEL, BY AUTO:
5 TRIPS @ 610 MILES/TRIP @
g. TRAVEL, BY AIR.
o TRIPS @ 0 PERSONS @
C. PER DIEM.
5 DAYS @ 2 PERSONS @
D. LEGAL STENOGRAPHER.
E. MISCELLANEOUS:
ao.sos = $1,s4oss
$0.00 = $0.00
$160.00 = $1,600.00
_ $0.00
_ $800.00
TOTAL ESTIMATE OF DIRECT EXPENSES:
V. FIXED FEE (PROFIT, LUMP SUM):
A. LABOR PLUS OVERHEAD.
B. DIRECT EXPENSES.
15%
15%
(OF IIL)
(OF IV.)
TOTAL FIXED FEE'.
VI. SUBCONTRACTS:
A. OBSTRUCTION SURVEYING
B.
C.
VII. TOTALS:
A. ESTIMATE OF MAXIMUM TOTAL COST FOR PLANNING SERVICES, AGREEMENT TOTAL & FAA ELIGIBLE:
$3,940.25
$9,194.00
$591.00
$9,785.00
$5.000.00
$0.00
$0.00
$80,017.25
B-2
SCHEDULE"C"
C8S ENGINEERS, INC
PROJECTED ALLOWABLE OVERHEAD
FYE 12131108
ALLOWABLE %OF
SALARY OVERHEAD (PAYROLL BURDEN) COST DIRECT LABOR
700,000.00
1 13.49%
Vacation & Holiday ,
375,000.00 2.98%
Sick & Personal 1,450,000.00 11.51%
FICA Taxes 220,000.00 1.75%
U. E. Taxes 120,000.00 0.95%
WC Insurance 1,360,000.00 10.79%
Group Insurance 550,000.00 4.37%
Bonus 000.00
639 5.07%
Employee Benefits ,
000.00
30 0.24%
Payroll Preparation ,
000.00
444
6 51.14%
TOTAL SALARY OVERHEAD ,
,
GENERAL 8 ADMINISTRATIVE OVERHEAD
512,000.00
1 12.00%
Indirect Labor ,
450,000.00
2 19.44%
Clerical & Administrative ,
600,000.00
2 20.63%
Project Development ,
000.00
300 2.38%
Meetings Conventions & Education ,
000.00
000
3 23.81
Office Supplies & Equipment Leases ,
, 15%
6
Travel & Auto Expenses 775,000.00 .
78%
2
350,000.00 .
Insurance 525,000.00 4.17%
Depreciation 000.00
231
1 9.77%
Rent, Janitorial, & Maintenance ,
,
250,000.00 1.98%
Utilities 350,000.00 2.78%
Telephone 85,000.00 0.67%
Dues & Fees 500.00
153 1.22%
Workshops, Seminars, & Education ,
135,000.00 1.07%
Legal & Accounting
TOTAL GENERAL 8 ADMINISTRATIVE 13,716,500.00 108.86%
TOTAL ALLOWABLE OVERHEAD 20,160,500.00 160.00%
TOTAL DIRECT LABOR 12,600,000.00
TOTAL PAYROLL 21,537,000.00
DIRECT LABOR % 58.50%
GI
eN fH
F Uidnion: tran. hIAVNIAGd'had,cFaher ldanJ ALY Ppdv,F.ALY droll lu,np num nu,m Joc
SCHEDULE"D"
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
AIRPORT IMPROVEMENT PROGRAM
SPONSOR CERTIFICATION
SELECTION OF CONSULTANTS
L~%ante~nrl (.li~pwai _. (Pr ojeal ,1'nniher')
Tmcn ofSnu7hnld lilicahe7h /'!¢ld
(Work Des~~riplinn/
Title 49, United States Code, section 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 standards for selection of consultant services within
Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. Sponsors
may use other qualifications-based procedures provided they are equivalent to specific standards in 49 CFR
18 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services
for Airport Grant Projects.
Except for the certified items below marked not applicable (N/A), the list includes major requirements for this
aspect of project implementation, although it is not comprehensive, nor does it relieve [he sponsor from fully
complying with all applicable statutory and administrative standard.
Yes No N/A
1. Solicitations were (will be) made to ensure fair and open competition ® ^ ^
t}om a wide area of interest.
2. For contracts over $100,000, consultants were (will be) selected using
competitive procedures based on yualifications, experience, and ® ^ ^
disadvantaged enterprise requirements with the fees determined
through negotiations.
3. A record of negotiations has been (will be) prepared reflecting
® ^ ^
considerations involved in the establishment of fees, which are not
significantly above the sponsor's independent cost estimate.
4. I f engineering or other services are to be performed by sponsor force
account personnel, prior approval was (will be) obtained from the ® ^ ^
FAA.
5. The consultant services contracts clearly establish (will establish) the
scope of work and delineate the division of responsibilities between ® ^ ^
all parties engaged in carrying out elements of the project.
6. Costs associated with work ineligible for AIP funding are (will he)
clearly identified and separated from eligible items in solicitations, ® ^ ^
contracts, and related project documents.
D- I
r ol.~,l~~~ trm.,ri.:~~nmi~ u,:~,r~t,r~.ire. isi.~~a nir t~rd~ie ~i a dra~i e~~w •~~~~ ay~m euc sew
Yes No N/A
7. Mandatory contract provisions for grant-assisted contracts have been
(will be) included in consultant services contracts.
8. The cost-plus-percentage-of-cost methods of contracting prohibited
under Federal standards were not (will not be) used.
9. If the services being procured cover more than the single grant project
referenced in this certification, the scope of work was (will he)
specifically described in the advertisement, and future work will not
be initiated beyond five years.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have
prepared documentation attached hereto for any item marked "no" that is correct and complete.
To+1Gn of Southold
~~~~~..~~.. // (Nnnie ~Spnnso~J
lSignatrnz)
Scott A. Russell
(7}~ped Aunre nl Sponsor s Uesi,~~¢ned Olf'a-iul 2epresenlatlive/
Town Supervisor
(7:r/red /rtle uj5pnn.aw~'s UeclgnoleAU(jiuul Rr/n asrnlo(ree)
7"_q-og
~i~~u~•~
END OF SCHEDULE
D-2
v,n~, Lloirh.,,o r~.~,uwNOrn,nm r~,i~rr i.m~w.~i r r, t.,~e,~~r d.,,n i,~~»n,~~~~~ axe^~.no< uo:w
SCHEDULE E
(RESOLUTION TO BE INSERTED)
,,,~ ~~,
V Un iaiuufmn.PL,ASNIVGCM1ndio-P'oper laLmd-V.v1'~N.i~e'-dLP JcJLunip .uni au~~~~Juc
SCHEDULE G
CERTIFICATION OF CONSUL'CANT
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 1 nor the above firm I here represent has:
A. employed or retained for a connnission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona tide employee working solely for me or the above
CONSUI,IAM~) to solicitor secure this Contract.
B. agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services
of any tinn 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 CONSUI; rAN't) 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):
1 acknowledge that this certificate is to be tarnished 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.
.71~~0
Date Charles R. McDermott
Manager, Planning Services
END OF SCHEDULE
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SCHEDULE H
AIRPORT AlD PROGRAM
Contractor Contractual Requirements
Civil Rights Act of 1964, Title VI - 49 CFR Part 21
Uuring the performance oClhis contract, the contractor, for ilsel F. il5 assignecw and successors in interest (hereinafter referred to as the
"amtractor'I ;rgrccs as follows:
I. Corn pliance with Regulations.'Chc contractor Shull comply with the regulation relative to nondiscrimination infederally
assisted programs of the Deportment of"Crmsportntion (hcreinaltcr, "DO"f'")Title 49. Code of Federal Regulations, Part 31. as' they
may be amended from time to time.lhereinafterrefeaed to as the Regulationsl. which arc herein incorporated by relirencn anJ mode
a p:uY of this contract.
2 Nondiscrimination.'fhe contractor, with regard to the work pcr(ormcd by it During the contract, shall not discriminate on
the grounds ol'mee, color. or national origin in the selection and retention of subcontractors, including procurements of material and
leases of eyuipment. 'Che contractor Shull not participate either directly or indirectly in the discrimination prohihited by section ? I.5
oFthe Regulations. including employment practices when the contract covers a programs set forth in Appendix B ofthe Regulations.
3. Solicitation 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 eyuipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the regulations relative to nondiscrimination nn the grounds of race, color, or national origin.
y. Information and Reports. fhe contractor Shull provide all information and reports required by the regulation or directives
issued pursuant thereto and Shull permit access [o its books, records, accounts, other sources of information. and its facilities as miry
be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such
regulations, orders and instructions. Where any information required of a contractor shall so certify to the sponsor or the FAA, as
appropriate. and shall ut forth what elfiirts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of
tltis contract. the sponsor shall impose such contract sanction as it or the FAA may determine to be appropriate, including but not
limited to --
(;Q withholding of payments to the contractor under the contractor underthe contract until the contractor complies, and/or
(b) cancellation. termination, or suspension of [he contract, in whole or in port.
G. Ineorporntion of Provisions. "Che contractor shall include the provisions of paragraphs I through 5 in every subcontract.
including procurements of materials• and leases of eyuipment, unless exempt by the regulations or directivi[ies issued pursuant thereto.
'Che contractor shall take such action with respect to any ,ubcontract or procurement as the sponsor of the FAA tnay direct us a means
of entiircing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor hecomes
involved in or is threatened with. litigation with u subcontractor or supplier as tt result of such direction, [he contracax may reyuest
the sponsor to enter into such litigation to protect the interests of the sponsor and. in addition, the contractor may request the United
1ta[es to toter into such litigation to protect the interest of the united States.
Disadvantaged Business Enterprise (DBE) Assurances
49 CFR Part 26
I. Policy. It is the policy ofthe Department of"I'ransportationtUOT)that disadvantaged business enterprises. as defined in 49
CPR Part 23. shall have the maximum opportunity to participate in the pertimnanee ofcontracls and subcontracts linances in ~shole or
in purl with Federal lands under this agreement.
2. DBE Obligation. 'fhe contrnctor agrees to ensure that disadvantaged business enterprises, as defined in q9 CFR Purt 23
hate the maximwn opportunity to participate in the performance of contracts and subcontracts linanecd in whole or in port w ith
Federal funds provided under this agreement. In this regard. all contractors shall take all neceswry and reasonable steps in
accordance with q9 CFR Part 23 to ensure that dis:alv:mG+ged business enterprises hove the maximum opportunity to compete for and
perlixm contracts-. Grntrndors shall not discriminate on the basis of rrce. color, national origin, orsex in the aw;tniend performance
of DU 1' ;usisted contracts.
H-I
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Airport and Airway Improvement Act of 1982, Section 520
General Civil Rights Provisions
49 U.S.C. 47123
The contractor assures that i[ will comply with pertinent statutes, executive orders and such rules as ore pmmulgtrted to assure that no
person shall, on tht grounds of race, creed, color, national origin, sex, age, or handicap be excluded IYan p:uticipating in any activity
conducted with or hencllting from Federal assislanee.'fhis pmvision obligates the tenanUconee~ssionuire/lessee or its u'ansferce lift the
period during which federal assistance is extended to the airport u program, except where Federal assistance into provides or is inthe
(arm of personal property ur real property or imcrest therein or structures or improvements thereon. In these cases the provision
obligates the parq' or any tmnslcrec fur the longer of the following periods: Qq the perioJ during which the propcrt} is used by the
airport sponsor or any Iranslbree tier a purpose for which federal assistance is ex[cndeJ, ur for another purpose involving the
provision ul similar services or benelits or lhl the period during which the airport sponsor or any transferee retains ownership or
possossimt of tlm property. In the case of contractors, this provision binds the cumractors Irom the hiJ solicilaliun period through the
complclion of the conlrnct.'1 his provision is in addition to Ihul reyuired of title VI ul'the Civil Rights Act of 19Gd.
Access to Records and Reports
49 CFR Part 18.36(1)
The Cuntractur shall maintain an neceptable cost accounting system. "the Contractor agrees to provide the Sponsor. the Federal
Aviation Achninistrution and the Comptroller (ianerul of the United Stales or any of their duly authorized represcnlativcs 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 ttgrecs [o maintain all books, records and reports reyuired
under this contract For a period of not Iess than three years after final payment is made and all pending matters arc closed.
Rights to Inventions
49 CFR Part 18.36(1)(8)
All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of
the Pederd gran[ under which this contract is axecutai.
Lobbying and Influencing Federal Employees
49 CFR Part 20, Appendix A
(I) Nn Federal appropriated funds shall be paid. by or on behalf of the con[mctnr, to any person for inthtencing or attempting W
influence an oft icer or employee of any agency. a Member of Congress. un off icer or employee of Congress, ur an em ployee of a
Member of Congress in connection with the making of any Federal grant and the amendment or nwdilication of any Federal
grant.
(?) If any funds other than Federal appropriate) funds have been paid or will be paid to any person for intluencing or attempting to
influence un officer ur employee of any agency, a Nlemberof Congress, an officer or employee ul'C'ongress, ur an employ ce of u
Mcmbcr of C'ungress in connection with any Federal grant, the contractor shall complete and submit Standard Furm-LLL.
"Uisclusure of lobby Activities;' in necontance with its instructions.
Trade Restriction Clause
49 CFR Part 30
the contractor ur subcontractor, by submission uFun offer and,br exceution of a amtricL certifies that it:
a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate
against ll.S. firms published by the Oltice of the United Stales "trade Representative (US"CR):
h. has no[ knowingly entered inW any contract or whcontract fur this pmjec[ with a person that is a citizen ur national of u
lirreien crnurirv on said list, or is uw ned or controlled directly ur indirectly by one or more citizens or nationals of a foreign
cnuntrv on said IisC
c. has nut procured any product our subcuntmctcd For the supply of mry product tirt use on the project that is produced in u
foreign country un said list.
l hiless the restrictions of this clause arc waived h} the Secretary o(fransportution in accordance with ~9 CPR 30.17, nu contract shall
he awanled m ^ contractor ur subeuntntcax who is unable to cenily to the above If the conirautor knowingly procures or
subcontracts fur the supply of any product ur service of a foreign cuunuy on said list tin' use on the project, the F'edsnl Aviation
Administration may Jirect through the Sponsor cancellation ul the contract ;n no cost [u the Government.
H-2
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Further, the contractor agrees Ihut, if awarded a contract resulting from this ttaliciWtion. it will incorporate this provision for
ccrtilicaliun without modil ication in each contract and in all lower tier subcontracts. 'nc~contrtctorraay rely on the certilicution ofa
prospective subconlrtctur unless it has knowledge that the certification is erroneous.
1'he contractor shall provide immediate written notice to the sponsor if the contractor learns that its certiticution or that of u
subcontractor was erroneous when suhaniRCd or btu become erroneous by reason of changed circums[unces. 'fhe suhcontntetor ugrces
to provide +vriuen notice to the contractor it ut any lime it Irtrns that its certi llcation w:u erroneous by reason of changed
circumstances.
This certification is to material representation of fact upon which rclianec was placed when making the mvard. If it is Ixter determine)
that the contractor or subanrirucror knowingly rendered ^n erroneous certification, thc.Fcdernl Aviation Administration may diroct
through the Sponsor cancellation of the contract ur subcontract for default ul no cost to the Government.
Nothing ttnnuincd in the foregoing shall be construed to reyuiro establishment of a system of records in order to rmtder. in good faith.
the certilicution rcyuircd by this provision. fhc knowledge and inibrma[iun oFa contractor is not rcyuircd ro exceed [hot which is
normally possessed by a prudent person in the ordinary course of business Jcalings.
"hhis certification concerns x matter within the jurisdiction of an agency of the United Brutes o[ America and the making of a falso.
ticlitimas, or iruudulenl certification may render the maker suh,lec[ to prosecution under Title I8. United SW[es Cade, Section 1001.
Termination of Contract
49 CFR Part 18.36(1)(2)
a. The Sponsor may, by written notice, terminate this contract in whole or in part at uny lime, either for the Sponsor's
convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be
immediately discontinued (unless the notice directs otherwise) and all materials ns may have been accumulated in
performing this contract, whether completed or in progress, delivered to the Sponsor.
h. If the termination is for the convenience of the Sponsor, an equitable adjuslnrent in the contract price shall be made,
but no mnount shall be allowed for anticipated profit on wtperformed services.
c. If the termination is due to failure to fulfill the contractor's obligations. the Sponsor may take over the work and
prosecute the same to completion by contractor othanvise. In such case. the contractor shall be liable to the Sponsor
for any nddi[ional cost occasioned to the Sponsor thereby.
d. If, aRcr notice of termination for failure to fulfill contract obligations, it is determined that the contractor bud not so
foiled. the termination shall Me deemed to have been effected for the convenience of the Sponsor. In such event,
adjustment in the contract price shall be made as provided in paragraph 2 of this clause.
e. The rights ^nd remedies of the sponsor provided in this clause are in addition [o any other rights and remedies provided
by law or under [his contract.
Breach of Contract Terms
d9 CFR Part 18.36
Any violation or breach of terms of this contract on the part ofthe amtruc[or or their subcontractors may result in the suspension
or termination of this contract or such other action that may he necessary to enforce the rights of the parties of this agreement.
The duties and obligations imposed by the C'ontruct Documents and the rights and remedies uvailuble there under shall he in
addition to and not ^ limimtiun of any duties, obligations, rights and remedies otherwise imposed or available by law.
H-3
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Davis -Bacon Act Provisions
L All mechanics and laborers employed or working upon the site oFthe work will be paid unconditionally and not less often
than ones a wuek and without subscyuent deduction or rebate on arty account (except such pay roll deductions as arc
permitted by regulations issued by the Secretary of Lahnr under the Cupelnnd Act (?9 CFR Purt 2), the full amounts Joe
at time of payment computed at wage rotes nut Icss than those conttdned in the wage determination Jecision(sl of the
Secretary of Labor which is (arc) attached hereto and made ^ part hereof. regardless of any contractual relationship which
may he alleged to exist between dte contractor and such laborers unJ mechanics: and the wage determination decisionlsl
shall be posted by the contractor at the silo nl the work in a prominent place where it (they) can be easily seen by the
workers. Fur the purpose of this pnragmph, contributions made or costs reasonably antic iputed under Section I I h) (2) of
the Davis-Bacon Acl on behalf of luhorers or mechanics are considered wages paid [o such laborers or mechanics, subject
to the provisions of Subparagraph d belhw. Also for the purpose of this paragraph, regular contributions made or costs
incurred for more th:m a weekly period under plans. funds. or programs. but covering the particular weekly period are
deemed to he constructively made or incurred during such weekly period (29 CPR 55(u)(I)(i)(.
2. Any class of luhorers or mechanics, including apprentices and trainees. which is not listed in [he wage determination(s)
and which is to he employed under the contract, shall he clncsitied or reclassified conformably to the wage
detcnninution(s).and a mport ofthe action liken shall be ant by the SPONSOR to the FAA fur approval and lransmittld
to the Secretary of Labor. hr the event that the interested parties cannot agree on the proper classification or
redassi tication of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the yuestion
accompanied by the recommendation of the PAA shall be referred to the Secretary of Labor for final determination (29
CFR 55(a)(I)(ii)J.
3. Wheneverthe minimum wage rate prescribed in the contract foraelass of laborers or mechanics includesafringe benefit
which is not expressed as an hourly wage rote and the contractor is obligated to pay a cash eyuivalent of such a fringe
benefit, an hourly cash eyuivalent Ihereol'shull he established. In the event [he interested parties cannot agree upon a
cash eyuivalent of the fringe benefit, the question accompanied by the recommendation of the FAA shall he referred to
the Secretary of Labor for determination (29 CFR 55(x)1 I)(iii)~.
d. If the Contractor does not make payments to a trustee or other third person, he may consider as part of [he wages of any
laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a
q-pe expressly listed in the wage determination decision of the Secretary of Labor which is a part of this- contract.
Provided, however. the Secreh+ry of Labor has Found, upon the written request of the Contractor. that the applir+ble
standards of the Davis-flacon Act have been met. The Secretary of Labor may require [he Contractor to set wide in a
separate account accts for [hc ntccling of obligations under the plan or program.
END OF SCHEDULE
[i-a
1' ni Cnimirnnx Pl_.A9VIA'(. Chad lc Hxher 61and 9LP l'pAumeVlP Jnii lwnp ,cum ugntl doe ivi 01
SCHEDULE[
NEW YORK STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS
A. Standard Clauses For All New Yurk Sndo C'ontmcts (Appendix ,1).
1'he parties to the attached contract. license. kale, amendment or other agreement of any kin) Ihercina0er. "the contract' or
'this contraci') agree W be bound by the following clausos which arc hereby mole a part of the contract (thr word
"Contractor" herein refers to any parq~ other Than the Stole, whether a contractor. IinnsorJicensec, lessor, lessee. or any
other party ):
I. I'atcukt r} C'Inust. In accordance +vith Section 41 of the Smte Finance Law, the Stutz shall hove no liability
under t h is contract to the C'untrueRtr or to anyone elst heyonJ funds appropriated and avai table for this contract.
2. Non-Assignment Clouse. In ucatrJwtce with Soclion 138 of the State Finance Law. this contraci may not he
assignul by the Contractor or its right, title or interest therein unsigned, transfcrreJ, conveyal, sublet or
olhenvise dispose) of without the previous consent in writing, of the State anJ any atlempts to assign the
contract without the Stute~s written consent ore null and voiJ. 'the Contractor may. huxvcvs, assign its right to
receive payment without the Slate's prior written consent unless this atmntct concerns C'atilicates el
Participation pursuant to Article ~-A of the Stu[e Finance Law.
3. Comptroller's Approval In accordance with Section 112 of the State Pinunce Law (or. ifthis contract is with the
Slide University ar City University oFNew York. Section 355 or Section 6218 0([he Education Law), ifthis
contract exceeds $x.000 ($20.000 for certain S.U.N.Y. anJ C.LLN.Y. contracts), or if this is an mnendmznt Ibr
any amount [o a contract which, as so amended, exceeds said statutory mnount, or if, by ibis 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 approve) by the Slate Comptroller and tiled in his office.
4. Worker's Compensation [2enefits. In accordance with Section 142 of the State Pinmtee Luw, this contrnct shall
he void and of no force and effewt unless [he Contractor shall pntvidt and maintain coverage during flee life of
this contract fur the benefit of such employees as are require) to be covered by the provisions of the Workers'
Compensation Luw.
j. Van-Discrimination Rcyuircments. In accordance with Article 15 of the F,xcroutive Law (also known as the
l lumen Rights Law) anJ all other State and Federal stahdory anJ consritutionnl non-discrimination provisions.
doe Cuntmetor will not discriminate against any employee orrpplican[ for employment because of race, creel.
color, sex, notional origin. age. )inability, or marital status. Furthermore, in accordance with Section 22U-z ofthe
Labor Law, ifthis is acontract for the construction. alteration. or repair of any public building or public work or
for the manufacture, sale, or distribution of materials. eyuipmenL or supplies, and to the extent that [his contract
shall he performeJ within the S[ute of New York, Contractor agrees that neither it nor its subcontractors shall, by
reason of race, creel. color disability, sex, or national origin: (a) discriminate in hiring against any New York
State citizen who is yualiFleJ and available to perform the work: or (b) discriminate against or intimidate any
zmployce hire) for the perfonnmue of work under this contract If this is u building service contract as Jetincd
in Section 230 of the Labor Lmv, then, in accorJunee with Section 239 thereof Contractor agrees that neither it
nor its wbcontmetors Shull, by reason of race, creed, color, national origin, age, sex or disability: (u)
discriminate in hiring ugairet any New York State citizen who is yualitied and available to perform the work: or
fb) liscriminate against or intimidate any employee hire) for the performance of work under this contract.
Contractor is subject to tines of $0.00 per person per day for any violation of Section 220-e or Section 239 as
++cll ns possible termination of this contract and forfeiture of all moneys due hereunder for a second or
subscyutnt violation.
6. Wage undllours Provisions. If this isapuhlic work contract covered by.lrticle8ufthe Luhor Law ore building
service contract covered by Article 9 thereof neither Contractor's employees nor the employees of its
wbcontrac[ors may be reyuired or ptnniutJ to work more than the number ofhours or days stated in said statues.
except as otherwise provided in thz Labor Law ;ntd ns set forth in prevailing wage and supplement schedules
innued by the State Labor Deportment. Furthermore, Contractor and its suhcontrtc[ors must pay at least the
prevailing wagz rote and pay or pan irk the prevailing supplements. including the premium rotes for overtime
pa}, us JctermineJ by the State Lahar Ucpartmem in accordance with the Luhor L:nv.
Non-Collusive l3idding Rcyuirement. In accordance with Section 139-d of the Stale Finunee Lao', if this contract
tvus' :nvarJtJ based upon the suhmisnion of bids, Contractor wurrunts, under penalty of perjury. that ;ts biJ was
arrival a[inlependently and without collusion aimed at restricting competition. Contractor further wam;ut[s that.
m the time contmcax submitted its bid, an authorized and responsible person executed anJ delivered to the Stale
a non-collusive bidding certilication on Contractor's hchall'.
r on isiox,rn ~.vn~r;_x.nirvc:rwtai n r~;vma i5L+vo u r crn,cn~+rr nnarr roar sent .w~rr ooc
,. International L~oycott Prohibition. In accordance with Section 220-foflhe Labor Law and Section 139-h ol'the
State Finance Luw, if this contract exceeds $S,lIl10, the Contractor agrees, ;ts a material condition of the conU'xl.
thol neither the Contractor nor any substantially owned or aft iliaterl person, tine. partnership. or corporation has
purticipuWd, is participating, or shall participate in an in[crnulional boycott in violation of the federal h:xport
Administration Act of 1979150 I1SC App. Sections 240, I et seq.) or regulations Ihereundar. If such Contractor.
or any of the ulurostriJ affiliates of C'untractor, is convicted or is otherwise found to h:we violated said laws or
regulations upon the final delerminalion of the United States Commerce Uepanmcnt or any other appropriate
agency of the l htitat Slates subsequent m the contract's execution. such contract, amendment or modification
thereto shall he rendered forfeit anJ void. 'fhe contractor shall so notify the Stale C'ompln)Ilcr within live U)
business days of such conviction. detcnnination. or disposition ol'appcul 12 NYC'RR 105.4).
), Sct-U IT Rights. l~hc Stato shall hour all of its common law and sWlutory rights of set-off. 'hhesc rights shall
include. but not be limited lo. the Slato's option to withhold for the purposes of set-off any mone}s Jae to the
Contractor under this contract up m any amounts Duc and owing to the State with rcgarJ to this contract any
other contract with any Stale department or agency, including any contract for a term commencing prior to the
roan of this contract, plus any amounts due nnJ owing to the Slate for any other reason including, witlwu[
limitation. tux dclinyuencies, fee delinquencies, or monetary penalties relative thereto. 'fhe Stale shall exercise
its set-off rights in accordance with normal State practices including, in caws of set-otTpursuant to an mtdi[. the
finalization of such audit by the State agency, its representatives, or the Stale Comptroller.
10. Records. 'fhe Contractor shat l establish and maintain complete and accurate books. records. documents, accounts
and other ev idence Directly pertinent to performance under this contract (hereinafter, collectively "the Records' ).
The Records must be kept For [he balance of [he calendar year in which they were made and for six IG) additional
yeas thoreatier. "fhe State Comptroller, the Attorney General and any other person or entity authorized a,
conduct an examination, as well as [he agency or agencies involved in this contract shall have access to the
Records during normal business hours at an oltice of the Contractor within the State of New York of if no such
oltice i5 available, a[ a mutually agreeable and reasonable venue within the Stale, for the term specified above for
the purposes of inspection, auditing and copying. The State shall take reasonable sups to protect from public
disclosure any of the Records which are exempt Prom disclosure under Section 87 of the Public Officers Luw (the
"Statute") provided that (i) the Contractor shall timely inform an appropriate State official, in writing. that said
records shoulD no[ be Disclosed: anJ (ii) said records shall he sufficiently identified: and (iii) designation of said
reoords as exempt under the Stanne is reasonable. Nothing contained herein shall diminish. or in any way
adversely al'tect. the State's right to Discovery in any pending or ILture litigation.
Identifying Inlornmtion and Privacy Notification
ta) Federal F,mployer lJcntilicu[ion Numberand/or Federal Social Security Number. Allim~oices 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 Nety York Slate agency must include the payee s iJentificn[ion number.
(i.e., the se Iler's or lessor's identification number). "I'he 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 numberor numbers may delay payment Where [he payee
does nut have such number or numbers, the payee, on his invoice or New York State standard voucher,
must give the reason or reasons why the puyec dues no[ have such number or numbers.
(hl Privacy Notification
111 Che :mthority to request the above personal information from a seller of goods or services or a
lessor oPre~l or personal pn)perty, and the authority to maintain such infonnution. is found in Section ~
of the State'fax Lmv. Uisclosuro ol'this information by the seller or lessor to the Smte is mandatory.
"fhe principal purpose for which the information is collected is to enable the State to identify
individuals, businesses, unJ others who have been dclinyuent in tiling tux returns or may have
understated their tax liabilities and to gcnendly identify persons afTecteJ by the utxes aJministercD h}'
the Commissioner of Taxation anJ Finance. 'fhe information will he used fix tax aJministration
purposes and for :my other purpose uuthorired by law.
12) T'he personal information is requested by the purchasing unit ofthe agency contracting to purchase
the goods or services or lease the real or personal property covered by this contract or lease. 'fhe
infonnution is maintained in New York Stub's Central Accounting System by the Uirectur o[ State
Accounts. Office of the Slum Comptroller, AF.SOB, Albany, New York 12236.
12. FyualFmploymtnl Opportunities For Minorities MD Wooten. In accordance with Section 312 of the Executive
Luw, i f this anuract is: ti 1 u written agreement or purchase orDer i ns(rumen[, providing fix a total expenditure in
excess of $25.000.00, whereby u contracting agency is committed to expend or Does expand funds in return far
lahor, services, supplies, cyuipmcn[, materials or any contbinalion of the foregoing, to he pertbrmeJ for, or
rendered or furnished [o, the contracting agency: or (i i) a written agrcement in excess of $100,000.00 whereby a
1-2
F'DIb ISIU~ TR \N51 L\VRISG'r'I1,\RI IF I ISI IIIR ISL.\Nn \LP 1'Pn,\TkP.\LP nR>rT LUi\1Y SC\I \GMT n(K' ~~~~~~I
cununeting agency is committed [o expend or does expend funds for the acquisition, construction, demolition,
replacement major repair or renovation of real property unJ improvements lhercon: or (iii) a written agreement
in oscess of $ ID0.0110.011 whereby the owner of a State assisted housing project is committed to upend or does
expend funds for the «cquisilion, construction, demolition, replacement, major repair. or renovation of real
properly :utd improvements lhercon for such project. then:
la)1-he contractor will nM discriminate against employees- or applicants for clnploymen[ because of
rtcc, creed. color. national origin, sex, age. disability, or marital status. and will undertake or continue
existing programs of altlnnative action to ensure that minority group memhcrs and women arc
«Ilbrded equal omploymrnt opportunities without discrimination. Allirnuuive action shall mean
r~Y;nliuncnt employment. job assignmcn4 promotion, upgrudings, Jcnwlion, transler, layoff, ar
termination and rates of pny or other forms of compensation:
(h) xt the reyuest of the cunlracting agency, the Contrnetor shall request each employment agency.
labor union, or authorized representative of workers with which it has acollective 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 represema[ivc will nl7innativcly 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 eyuul employment
opportunities without discrimination because of race, creed, color, national origin, sex, age, disability,
or marital status.
Contrnetor will include the provisions of "d', "b". and "c ~, above, in every subcontract over
$25,0011.00 for the construction, demolition, replacement major repair, renovation, planning or design
of real property and improvements thereon (the "Work") except where the Work is Cor lht beneficial
use of the contractor Section 312 does not apply to: (i) work, goods or services unrelated to this'
contmet; or (ii) employment outside New York Smte; 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 laderal law concerning cyual employment oppottunity which effectuates the
purpose of this section. The contracting agency shall determine whether the imposition of [he
reyuirements- of the provisions hereof duplicate or contlict with any such federal law and if such
duplication or contlict exists, the contracting agency shall waive the applicability ofSection 312 to the
ostent of such duplication or conflict Contractor will comply with all duly promulgated and lawful
rules and regulations of the Governor's Oftice of Minority and Women's Business Development
pertaining hereto.
13. Conflicting l~enns.Inthe event ofacontlict between the terms ul the contras[(including any and all attachments
thereto and amendments thereof) and the terms of this Appendix A. the terms of this Appendix A shall control.
11. Governing Lmv. 'Chis contract shall be governed by the laws of [he State oFNew York except whore the federal
supremacy cl:mse « quires otherwise.
I5. Late Payment 'timeliness of payment and any interest [o he paid to Contractor for late payment shall be
governed by Article XI-A oFthe Stale Finance Law to the ex«nt required by law.
Ifi, No :\rhitmtion. Disputes involving this contract. including the breach or alleged breach thereof may no[ be
submitted to binding arbitration (except where statutorily authorized) but must. instead, be heard in a coon of
competentjurisdic[ion of the Slate of New York.
17. Service of Process. In addition to the methods of service allowed by the State Civil Practice Law & Rules
1`CPLR"), contractor herehy consents [u service of process upon it he registt«d or certified m~ih return receipt
reyuest Service hereunder shall he complete upon contractor s actual receipt of process or upon the State's
receipt of the return thereof by the lhtited States Postal Service as refilled or undclivertblc. Contractor mwt
promptly notify the State, in writing, of each and every change of address to which service of process can he
made. Service by the State to the lust known address shall be sufficient. Contractor will have thirty (30)
calendar days alier service hereunder is complete in which to respond.
8ND OI' SCI ILDULI?
1-3
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