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HomeMy WebLinkAboutElizabeth Field Airport~®~~1 RESOLUTION 2008-654 ~'°°~~,.~'~ ADOPTED DOC ID: 4035 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-654 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 1, 2008: WHEREAS, this Resolution shall authorize the acceptance of a grant offer from the New York State Department of Transportation (NYSDOT) for work at the Elizabeth Field Airport described as, Acquire Snow Removal Equipment, PIN 0913.10 (2003); Apron Construction, PIN 0913.11 (2004); Acquire Snow Removal Equipment, PIN 0913.12 (2006); Airfield Lighting, etc., PIN 0913.13 (2006); Install Airfield Lighting for RW's 7-25, etc., PIN 0913.14 (2007); and WHEREAS, the NYSDOT has offered a matching grant to the federal grant for each PIN above noted; and WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being (0913.10) federal (FAA): $150,000; State $8,334; Local $8,333; and Total $166,667; and WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being (09] 3.11) federal (FAA): $477,850; State $12,575; Local $12,575; and Total $503,000; and WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shazes being (0913.12) federal (FAA): $88,350; State $2,325; Local $2,325; and Total $93,000; and WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being (0913.13) federal (FAA): $80,750; State $2,125; Local $2,125; and Total $85,000; and Resolution 2008-654 Board Meeting of July 1, 2008 WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being (0913.14) federal (FAA): $1,042,000; State $27,421; Local $27,421; and Total $1,096,842; and WHEREAS, if the Town of Southold and/or the FAA notifies the NYSDOT that the Town has requested and received an increase in Federal funding for the Project based on increased eligible costs, the State share noted above shall be increased proportionately up to a maximum increase of I S%. NOW, THEREFORE, the Town Board of the Town of Southold does hereby RESOLVED, that the Town Board of the Town of Southold hereby approves the subject Project; and it is hereby further RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all necessary Agreements on behalf of the Town of Southold with NYSDOT in connection with the Project; and it is further RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED, that this Resolution shall take effect immediately. ~~Q.~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 7/1/2008 9:52 AM by Linda Cooper Page 2 AVIATION CAPITAL PROJECT AGREEMENT ELIZABETH FIELD AIRPORT PROJECT NO. 0913.10 / 0913.11 / 0913.12 /0913.13 / 0913.14 CONTRACT NO. K THIS AGREEMENT made this 1st day of April, 2008 by and between the People of the State of New York (hereinafter refeaed to as "State") acting by and through the Commissioner of Transportation (hereinafter referred to as "Commissioner" and "Department" respectively) with offices at 50 Wolf Rd, Albany, New York 12232, and the Town of Southold (hereinafter referred to as "Grantee") with offices at Southold, New York. WHEREAS, Article 2 of the Transportation Law authorizes the Commissioner to provide for the accomplishment of airport or aviation projects, and to provide funding to private owners, municipalities and authorities in connection therewith; and WHEREAS, the Grantee is the sponsor of an airport known as Elizabeth Field Airport in Suffolk County (hereinafter referred to as the "Airport"); and WHEREAS, the Grantee has made and will make application to the Commissioner for State aid for the accomplishment of airport or aviation projects at the Airport; and WHEREAS, The Grantee has applied for and will secure available Federal Assistance for the Projects from the Federal Aviation Administration, (hereinafter called "FAA Grant Agreements"); and WHEREAS, the Projects will be approved by the Commissioner as consistent with sound transportation development policy and planning concepts and eligible for State participation; and WHEREAS, the Grantee is authorized to enter into this Agreement by resolution, a copy of which is attached hereto and made a part hereof; and WHEREAS, State funding for said airport or aviation projects has been and will be provided by budget bills duly enacted into law. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the State and the Grantee agree as follows: Article L Purpose of Agreement. The purpose of this Agreement is to provide for the undertaking of airport or aviation projects (each project hereinafter referred to as the "Project"), the details of which are more fully described in Schedule A-1 attached hereto, with State financial assistance to the Grantee in the form of a grant, and to state the terms, conditions, requirements, and resu~ictions upon which such State assistance will he provided and the mutual understandings and agreements of the parties as to the manner in which the Project will be undertaken and completed, and the Project facilities and equipment will be used. Thia grant is established with the Grantee for a period of ten years commencing on the date first above written after this Agreement is approved by the State Comptroller, and terminating ten years therefrom, and shall not be dependent on the official duty continuity of the signatories or their successors. The Agreement may be concluded at any time upon written agreement between the Commissioner and the official representative(s) of the Grantee subject to the written approval of the State Comptroller. Article 2. Documents Forming the Agreement. Schedule A, containing individual project information including project description, cost, funding allocation and schedule, is attached hereto and is hereby made a part of this agreement as if set forth fully herein. Appendix A, standard clauses for all New York State contracts, is attached hereto and is hereby made a part of this agreement as if set forth fully herein. Appendix 8, containing State bidding requirements, is attached hereto and is hereby made a part of this agreement as if set forth fully herein. Resolution of the Grantee (if applicable) affirming the terms of this Agreement and authorizing the Agreement to be executed. Article 3. The Project. The Grantee agrees to complete and provide for the use of project facilities and equipment in accordance with Federal law, rules and the FAA Grant Agreements, and the terms and conditions of this Agreement. The Grantee shall commence and continue operation of the Project upon its completion and shall not discontinue operation or dispose of the Project without the approval of the Commissioner. The Grantee shall also provide for the payment~of its share of the cost of the Project. Article 4. The Grant. The State share of project costs is fifty percent of the non-Federal costs to complete the Project approved by the Commissioner and procured in part through Federal funding. The maximum amount of the State's share of funding is as set forth in Schedule A. The Grantee agrees to apply for additional Federal assistance which may become available for the Project, subject to such conditions as the Commissioner may require, in order to maximize the amounts of Federal assistance received or to be received for all projects in the State. Article 5. Use of Project Facilities and Equipment. a. on completion of the Project, the Grantee shall commence and continue operation and maintenance of the Project at its own cost and shall not discontinue operation, or dispose of the Project, without the approval of the Commissioner, for the period of time corresponding to the period of useful life for the Project as determined by reference to Section 61 of the State Finance Law. b. No part of any Project or Project facility shall be sold, rendered unusable, or otherwise relinquished without obtaining prior written approval of the Commissioner and State Comptroller. If any Project parts or facilities are so sold, other than for their replacement in such service with like facilities or equipment, the State share of the proceeds of such a sale will be returned to the State Comptroller for deposit in the General Fund. c. The Grantee will operate and maintain the Airport in full compliance with the terms of the FAA Grant Agreement and all the covenants made by the Grantee to the FAA are deemed made to the State by this Agreement as if fully set forth herein. d. All facilities of the Airport developed with State aid and all those usable for the landing and taking off of aircraft, will be available to State Aircraft at all times, without charge. e. The Grantee shall submit to the Commissioner, at such time as he may require, such financial statements, operating information and other data as may be deemed necessary by the Commissioner to assure compliance with this Agreement and to prepare hie annual report on the scope and results of the Project. The Airport and all Airport records and documents affecting the Airport, including deeds, leases, operation and use agreements, and other instruments, will be made available for inspection by any duly authorized representative of the Commissioner upon reasonable request. The Grantee will furnish to the Commissioner upon request, a true copy of any such document. Article 6. Accomplishment of the Project. a. Pursuant to Federal, State and Local Law. In the event that any election, referendum, approval, permit, notice or other proceedings or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, asswoe, or carry out any of the provisions of this Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. b. Funds of the Grantee. The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide its share of actual total coat of the Project, ae provided in Schedule A of this Agreement, on or prior to the time that such funds are needed to meet theProject costs. c. Submission of Proceedings, Contracts and Other Documents. The Grantee shall submit to the Commissioner and the State comptroller such data, reports, records, contract and other documents relating to the Project as the Commissioner and the State Comptroller may require. Article 7. The Project Budget. Costs for any new Project approved by the FAA and the Commissioner, and coats incurred for any change that increases the State share set forth in Schedule A or any amendment thereto, will be eligible for State reimbursement under this Agreement only after an amendment is made to the Agreement in writing and approved by the State Comptroller. Article 8. Accounting Records. a. Establishment and Maintenance of Accounting Records. The Grantee shall establish and maintain for the Project, in accordance with requirements established by the Comtoisaioner, and approved by the State Comptroller, separate accounts within its existing accounting system or set up independently, to be known as the project account. The Grantee shall segregate and group project coats so that it can furnish on due notice, cost information in the following cost classifications: i. Purchase price or value of land ii. Incidental costs of land acquisition iii. Costa of contract construction iv. Coate of force account construction v. Engineering costa of plans and designs vi. Engineering costs of supervision and inspection vii. Other administrative costa viii. Costa of equipment acquisition ix. Miscellaneous costs not otherwise included b. Funds Received or Made Available for the Project. The Grantee shall record in the project account, ae they are received, all grant payments received from the Federal Government on account of the Project. The Grantee shall also record in the project account such funds as it may allocate for payment of its share of the . actual coat of the Project. The Grantee shall advise the Commissioner monthly in writing of the amounts recorded in the project account or at such times as the Camnieaioner may prescribe. The Commissioner or the State Comptroller may audit the project account at such times ae the commissioner or the State Comptroller may require. c. Coats Incurred for the Project. The Grantee shall charge to the project account all eligible costs of the Project. Costa in excess of the latest approved budget or attributable to actions which have not received the required approval of the Commissioner shall not be considered eligible costs. In specific cases, where it ie impractical to determine precise costs of certain indirect or service functions, eligible costa will include such allowances for these costs as may be approved by the Commissioner and the State.Comptroller. Such approval will be based upon an audit determination that the amounts reimbursed will not exceed actual cost. d. Eligible Costs. Eligible Project costs consist of any costa involved in accomplishing a project including those of: (1) Making field surveys; (2) Preparing plans and specifications; (3) Accomplishing or procuring the accomplishing of the work; 4 (4) Supervising and inspecting construction work; (5) Acquiring land or an interest therein, or any easement through or other interest in airspace; and (6) Administrative and other incidental costa incurred specifically in connection with accomplishing project, and that would not have otherwise been incurred. e. The costa described in this section, including the value of land, labor, materials and equipment donated or loaned to the Grantee and appropriated to the Project by the Grantee, are eligible for consideration as to their allowability, except for: (1) That part of the cost of acquiring an existing private airport that represents the cost of acquiring passenger automobile parking facilities and buildings to be used as hangars; (2) The costof materials and supplies owned by the Grantee or furnished from a source of supply owned by the Grantee if: (i) Those materials and supplies were used for airport development before the effective date of the grant; or (ii) Those costa are not supported by proper evidence of~ quantity and value. (3) The cost of nonexpendable machinery, tools, or equipment owned by the Grantee and used under a project by the Grantee's force account, except to the extent of the fair rental value of that machinery, tools, or equipment for the period it is used on the project; (4) The value of any land, including improvements, donated to the sponsor by another public agency; and (5) Any costs incurred in connection with raising funds by the Grantee, including interest and premium charges and administrative expenses involved in conducting bond elections and in the sale of bonds. f. To be an eligible project cost, for the purposes of computing the amount of a grant, an item that is paid or incurred must, in the opinion of the Commissioner: (1) Have been necessary to accomplish airport development in conformity with the approved plans and specifications for an approved project and with the terms of the grant agreement for the project; (2) Be reasonable in amount; (3) Have been incurred after the effective date of the Grant Agreement, except for those costs incurred to apply for Federal funds; prepare project engineering reports, plans and specifications; to identify, describe and determine value of land acquisition required for the project such as surveys, title searches and abstracts, appraisals and legal fees and to acquire real property; and 5 (4) Be supported by satisfactory evidence. g. Documentation of Project Costa. All costs charged to the project account, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges, in accordance with the rules and regulations of the Commissioner as approved by the State Comptroller. h. Checks, orders, and Vouchers. Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order ie drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. Reports. The Grantee shall prepare an interim report at the end of its fiscal year accounting for the expenditures of the funds of the State, the Grantee, any Federal agency, and any other source with respect to the Project. Article 9. Payment e. a. Payments shall be made to the Grantee upon request to the Commissioner under the following conditions: i. Such request for reimbursement of the State's share of authorized project expenditures shall be made on a regular periodic basis, as approved by the Commissioner. Cumulative payment requests shall in no event exceed the total cumulative amount of State funding approved by the commissioner. ii. Such request shall be in a form established by the Commissioner, and shall include a certification that Federal reimbursement has been received therefor. The documents supporting such expenditures by the Grantee shall be maintained in a secure manner by the Grantee at its headquarters or at such other place as shall be readily accessible to the Commissioner and the State Comptroller for purposes of auditing project costa and expenditures. All such accounting records shall be retained by the Grantee until six (6) years after final payment is made hereunder. iii. Subject to the other provisions hereof, applications for payment will be honored by the Commissioner except that the State may elect by notice in writing to withhold any payment if: (1) Misrepresentation. The Grantee shall have made any misrepresentation of a material nature in its application for funds hereunder, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished to the Commissioner or other State official in connection with a Project under this Agreement; (2) Litigation. There is then pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely effect the Project, this Agreement, or payments to the Project; (3) Concurrence by State. The Grantee shall have taken any action pertaining to the Project which under the established procedures require the prior approval of the Commissioner or shall have made related expenditures or incurred related obligations without the approval of the Commissioner; (4) Conflict of Interest. There has been in connection with the Project any violation of the conflict of interest rule, regulation, ordinance or statute applicable to the Grantee, its officers, members, or employees; or (5) Default. TheGrantee shall be in default under any of the provisions of this Agreement. b Article 10 a. b. In no event shall the making by the State of any payment pursuant to this Agreement constitute or be construed as a waiver by the State of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of any such payment by the State while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the State in respect of such breach or default. Termination of Suspension of state's Obligation. Termination or Suspension Generally. If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in paragraphs (1) to (5), inclusive, of Article 9 a.iii. hereof, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible or illegal, the Commissioner may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until ouch time ae the event or condition resulting in such suspension has ceased or been corrected, or the Commissioner may terminate any or all of its obligations under this Agreement. Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination notice under this Section, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: i. Necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other actions as may be required or desirable to keep to a minimum State costs. ii. Furnish a statement of the status of the Project activities and of the project account ae well as a proposed schedule, plan and budget for terminating or suspending the closing out project activities and contracts, and other undertakings the cost of which are otherwise includable as project costa; and iii. Provide to the Commissioner an estimate of the State's share of the costa arising from the termination, suspension, or closing out of such activities, contracts, and other undertakings. The closing out shall be carried out in conformity with the latest schedule, and budget approved by the commissioner upon the basis of terms and conditions imposed by the Commissioner upon the failure of the Grantee to furnish the schedule, plan and budget within a reasonable time. The acceptance of a remittance by the State of any or all Project Funds previously received by the Grantee or the closing out of State financial participation in the Project shall not constitute a waiver of any claim which the State may otherwise have azieing out of this Agreement. Article 11.. Audit Disallowances. Costs claimed or previously reimbursed that cannot be supported ae the lStatehCOmptrollerubthetgAtAo,sand\orlthelofficerboftthe I~iaeioner, Generalof the U. S. Department of Transportation. Amounts pector Grantee that are subsequently disallowed are subject to recovery by the Commissioner, or at the option of the State, will be offset or reduced against current or future reimbursement claims on the same or other projects. Article 12. Audit and inspection. The Grantee shall permit, and shall require its contractors to permit the Commissioner's and the State Comptroller's authorized representatives to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant construction, accountstofdthe Granteeoperta °ingotouthe Grant oand~thecdevelopment of the Project. Article 13. Manner of Performing Work. The work constituting the Project may be performed by the employment of the forces and the use of the equipment of the Grantee as authorized by the Commissioner or by contract let pursuant to bidding procedures, more particularly referred to in Appendix B hereof. Article 14. Executory Clause. The Grantee agrees that this Agreement shall be deemed executory only to the extent of the monies available, and no liability shall be incurred by the State beyond the monies available for the purpose. Contract: Grantee: Facility: Town of Southold ELIZABETH FIELD AIRPORT SCHEDULE #: A-1 PIN Proiect Description 0913.10 Acquire Snow Removal Equipment, including Tractor with 84 inch front plow blade; 59 inch snow blower attachment and a Truck with power winch and complete snowplow package. Estimated Total Cost $166,667 Federal Share $150,000 Local Share $8,333 Maximum State Share Payable ,i; ~~ a State Share $8,334 $9.583 The State share payable under this Agreement is 50% of the non-federal share of eligible costs. In accordance with the separate federal grant referenced herein, the federal share shown above may be increased administratively, upon request of the grantee based on increases in eligible costs, to a maximum of 15%. If and when the federal share increases, the State share shall be increased proportionately, without further amendment to this Agreement, up to the maximum amount shown above. Contract: Grantee: Facility: Town of Southold ELIZABETH FIELD AIRPORT SCHEDULE #: A-2 PIN Proiect Description 0913.11 Construct Apron (37,5000 s.f.) and TW Stub (180 l.f. x 251.f) including Grading, Drainage and Markings Estimated Total Cost $503,000 Federal Share $477,550 Local Share $12,575 Maximum State Share Payable` __ i; State Share $12.575 $14,461 The State share payable under this Agreement is 50% of the non-federal shaze of eligible costs. In accordance with the separate federal grant referenced herein, the federal share shown above may be increased administratively, upon request of the grantee based on increases in eligible costs, to a maximum of 15%. If and when the federal share increases, the State share shall be increased proportionately, without further amendment to this Agreement, up to the maximum amount shown above. Contract: Grantee: Facility: Town of Southold ELIZABETH FIELD AIRPORT SCHEDULE #: A-3 PIN 0913.12 Proiect Descriution Acquire Snow Removal Equipment, Caterpillar 430E IT Backhoe Loader Estimated Total Cost $93,000 Federal Share $88,350 Local Share $2,325 Maximum State Share Pavable* - , i; ~: a State Share $2,325 $2,614 The State share payable under this Agreement is 50% of the non-federal share of eligible coats. In accordance with the separate federal grant referenced herein, the federal share shown above may be increased administratively, upon request of the grantee based on increases in eligible costs, to a maximum of 15%. If and when the federal share increases, the State share shall be increased proportionately, without further amendment to this Agreement, up to the maximum amount shown above. Contract: K006663 Grantee: Town of Southold Facility: ELIZABETH FIELD AIRPORT SCHEDULE #: A-4 - ~ I; Estimated Federal Local State PIN Proiect Description Total Cost Share Share Share 0913.13 Airfield Lighting for RW's 7-25 & 12-30 incld $85,000 $80,750 $2,125 $2,125 Replacement of (4) PAPI's & REILS, Lighted Wind Cone & assoc Cables, Conduits, Regulators & Other Pertinent Electrical Equip - Eng Design Only Maximum State Share Payable* $2.444 The State share payable under this Agreement is 50% of the non-federal share of eligible costs. In accordance with the separate federal grant referenced herein, the federal share shown above may be increased administratively, upon request of the grantee based on increases in eligible costs, to a maximum of 15%. If and when the federal share increases, the State share shall be increased proportionately, without further amendment to this Agreement, up to the maximum amount shown above. Contract: K006663 _„_ Grantee: Town of Southold ~! Facility: ELIZABETH FIELD AIRPORT SCHEDULE #: A-5 Estimated Federal Local State PIN Project Description Total Cost Share Share Share 0913.14 Install Airfield Lighting for Runways 7-25 $1,096,842 $1,042,000 $27,421 $27,421 (1,79LL.F.x75L.F.) and 12-30 (2,328L.F.x100L.F.) including the replacement of four existing PAPI's, four existing REIL's and a Lighted Windcone including all assoc. Cables, Regulators and other related Ele. Equip Maximum State Share Payable* $31,534 The State share payable under this Agreement is 50% of the non-federal share of eligible costs. In accordance with the separate federal grant referenced herein, the federal shaze shown above may be increased administratively, upon request of the grantee based on increases in eligible costs, to a maximum of 15%. If and when the federal share increases, the State share shall be increased proportionately, without further amendment to this Agreement, up to the maximum amount shown above. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the date hereinabove set forth. Department of Transportation Certification "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." THE PEOPLE OF THE STATE OF NEW YORK By: ~~ Commissioner of Transportation 4~ DATE: GRANTEE TOc.J ©~ -5'O ~~~0~ D By: c~'`f S~ ~ - kSSe, .Si.c~lJf~t U c~ ~ ~ DATEU~- ~~ - Q(p APPROVED AS TO FORM: By: New York State Attorney General DATE: STATE OF NEW YORK ) APPROVED: By: For the New York State Comptroller pursuant to Section 112 of the State Finance Law DATE: s.: COUNTY OF .5 C(F~y ~ O,n~this / S~ day of ~, 6~, 20'v$ before me personally came X'~ ~ t~ E-~ , to me knov~,and known to me to be the ~u-~~f'yi,SO ~ of the ~ .,11/x+ O~ ~~ t.l-~,~~ the sameperson described in and who executed the foregoing instrument; that shdhg is authorized to execute the foregoing instrument on behalf of the ~~yL ~~' ~u-~{o(~{pursuant to and as provided by statute. Notary Publ c ' LINDA J COOPER NOTARY PUBLIC, State of New York Np. 01C04822563, Suffolk Count Term Expires December 31, 20~ APPENDIX A: STANDARD CLAUCFS FOR NYS CONTRA TC The parties to the attached contmct license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licrnser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred conveyed, sublet or odterwise disposed of without'the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consrnt are null and void. The Contractor may, however, assign its tight to receive payment without the State's prior written consent unless this conhact concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 1t2 of the State Finance Law (or, if this contract is with the State University or City University of New York Section 355 or Section 6218 of the Education Law), if this wntract exceeds $15,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration ezceeds SI0,000, it shall not be valid effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $30,000 (State Finance Law Section 163.6.a). 4. WORKER ' OMPENSATION B NEFI . In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be wvered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION RFOUIR M NT To the extent required by Article IS of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non- discrimination provisions, the Contmctor will not discriminate against any employee or applicant for employment because of mce, seed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier slams, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform [he work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contmctor agrees that neither it nor its subcontractors shall by reason ofmce, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the perfomtance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WACE AND HOURS PROM ION If this is a public work contmct covered by Article 8 of the Labor Law or a building service contmct covered by Article 9 thereof, neither Contractors employees nor the employees of its subconlmctors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department Furthermore, Contractor and its subcontractors must pay at least the prevailing Pagc I October 2006 wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Departmrnt in accordance with the Labor Law. 7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under prnalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State anon-collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this cmtract exceeds S5,0(q, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated is participating, or shall participate in an international boycott in viola- tion of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et segJ. or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Departrnrnt or any other appropriate agrncy of the United States subsequrnt to the contract's execution, such contract, amendment or modification thereto shall be rrndered forfeit and void. The COrltractOr shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contrail with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary prnalties relative thereto. The State shall exercise its setoff rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the Slate Comptroller. I0: RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter or three (3) years after final payment, whichever is later. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well es the agency or agencies involved in this contract, shall have access to the Rcoords during normal business hours et an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any prnding or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFI ATION. (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property [o a New York State agrncy must include the payee's identification number, i.e., the sellefs or lessors identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (I) The authority to request the above personal information from a seller of goads or services or a lessor of real or personal property, and the authority [o maintain such information, is found in Page 2 October 2006 Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contmcting to purchase the goods or srnices or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, I l0 State Sheet, Albany, New York 12236. 12. FOUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, if this contras is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,0(10.(10, whereby a contmsing agrncy is committed to expend or does expend funds in remm for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or famished to the contracing agency; or (ii) a written agreement in excess of $IOO,t100.00 whereby a contracting agency is committed to exprnd or does expend funds for the acquisition, construsion, demolition, replacemen4 major repay or renovation of real property and improvemrnta thereon; or (iii) a written agreement in excess of S 100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, constructon, demolition, replacement, major repair or renovation of real property and improvements thereon for such projes, then: (a) The Contrasor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other fortes of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to famish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repaiq renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contras; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sate of securities. The State shall consider compliance by a contrasor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whsher the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflis. Contractor will comply with all duly promulgated and lawful rules and regulations of the Empire State Development Corporation's Division of Minority and Women's Business Development (MW BD) pertaining hereo. l3. CONFLICTING TERMS. In the event of a conflis bsween the terns of the contmct (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal wpremacy clause requires otherwise. Page 3 October 2006 I5. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law. l6. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that ell wood products to be used under this contract awazd will be in accordance with, but not limited to, the specifications and provisions of State Finance Law §165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractoq the prime Contractor will indicate and certifyin the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in X165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES (NON-FEDERAL AID NEW YORK STATE CONTRACTSI. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northam Ireland or (b) shall take lawful steps in good faith to conduct any business operations in Northam Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACI' OF 1992 (NON-FEDERAL A[D NEW YORK STATE CONTRACTSI. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontraMOrs and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St - T" Floor Albany, New York 12245 Telephone: 518-292-5220 A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York 12245 http://www.empirestate.ny. us Page 4 October 2006 The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $I million: (a) The Contractor has made reasonable efforts [o' encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, un this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amrnded; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistrnt with existing collective bazgaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon requesk and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. R ... r ~ n .- -• - - -- CONTRACTSI. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goads or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May I5, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list ofjurisdictions subjeM to this provision. 22. PUatfHASES OF APPAREL. In acwrdance with State Finance Law 162 (4-a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such appazel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. 23. CONT ACT TERMINATION PROVISION. The State reserves the right to terminate this contract in the event it is found that the certification filed by the Contractor in accordance with the requirements contained in State Finance Laws ~139j and §139k was intrntionally false or intentionally incomplete. Upon such finding, the State may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of the contract. 24. ocoSONAL INFOnMAT1ON SECURITY. Contractor shall comply with the provisions of the New York State Information Security Breach and Nonfica6on Act (General Business Law Section 889-aa; Stare Technology Law Section 206). Contractor shall be liable for the costs associated with such breach if caused by Contractors negligent or willful acts or omissions, or the negligent or willPol acts or omissions of Contractors agents, officers, employees or subcontractors. Page 5 October 2006 Appendix B STATE BIDDING REQUIREMENTS 1. The Contract has incorporated the provisions specified in Appendix A, "Standard Clauses for All New York State Contracts." 2. The award of the contract was based on public advertisement and competitive bidding, and conforms to all State and local laws. 3. * The award of the contract was made to the lowest bidder from at least three (3) bids received and was within 20$ of the estimated cost. If this statement cannot be made because the award to the lowest responsible bidder was not the lowest bid received, or if less than three (3) bids were received, or if the awarded bid was not within 20$ of the estimated cost, the following information must be forwarded to the NYSDOT Aviation Services Bureau: a. Engineer's Estimate or purchase price estimate b. Certificated copy of Bid Tabulation c. Justification for making the award 4. The execution of the contract (or purchase order in the case of equipment purchase) by the sponsor, if a municipality, was specifically authorized by resolution passed by its governing body. 5. The contractor has submitted to the sponsor executed copies of Performance Bond and Labor & Materials Bonds in the amounts that are equal to or greater than the value of the contract (not required for equipment purchase) . 6. The contractor has submitted an executed non-collusion certification as part of his bid for the contract. 7. The contractor has provided the sponsor with proof that liability insurance has been obtained in the amounts specified in the Grant Agreement. 8. The contract or purchase order is properly executed by both the sponsor and the contractor. 9. Any or all of the above documents will be submitted to the NYSDOT upon their request. It is acknowledged by the sponsor that each project receiving State funding is subject to a final audit, and if overpayment or improper procurement methods occurred, reimbursement to the State will be required. * Not applicable for contracts under $5,000, or for items purchase from a State contract. However, the grantee is responsible to assure that a reasonable price was obtained. DV-21 NYS PIN 0913.11 State Environmental Quality Review In accordance with the rules, regulations and procedures adopted by Town of Southold (or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules, regulations and procedures) pursuant to the intent of the State Environmental Quality Review Act, the project described below is classified as a: CSECK ONE ^ Type I Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). ^ Type I Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). ^ Unlisted Action -with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). ^ Unlisted Action -with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). [~ Type II Action ^ Ministerial Act ^ Exempt Act PROJECT DESCRIPTION Construct A ron (37,5000 s.f.) and TW Stub (180 l.f. x 25 l.f) including Gradin Draina a and Markings ~ c~l~o r-/ ~o~ rl `I Authorized Signature Date Pin No. 0913.10 Agency Compliance Statement State Environmental Quality Review In accordance with the rules, regulations and procedures adopted by the Town of Southold (or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules, regulations and procedures) pursuant to the intent of the State Environmental Quality Review Act, the project described below is classified as a: CHECK ONE ^ Type IAction - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). ^ Type IAction - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). ^ Unlisted Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). ^ Unlisted Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). ~I Type II Action ^ Ministerial Act ^ Exempt Act PROJECT DESCRIPTION Acquire 59 inch snow blower attachment and a truck with power winch and complete snowplow package at Elizabeth Field Airport. ~o~n (d ~~ Da~~~~~~~ I~ Title DV-21 NYS PIN 0913.12 State Environmental Quality Review In accordance with the rules, regulations and procedures adopted by Town of Southold (or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules, regulations and procedures) pursuant to the intent of the State Environmental Quality Review Act, the project described below is classified as a: CHECK ONE ^ Type I Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). ^ Type I Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). ^ Unlisted Action -with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). ^ Unlisted Action -with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). ~I Type II Action ^ Ministerial Act ^ Exempt Act PROJECT DESCRIPTION Acquire Snow Removal Equipment, Caterpillar 430E IT Backhoe Loader Tower s ~~o C~ ~~ A{uth ' ze/~i Siy~7nature / J f~T f'~ C.L~SE l (~ S~ Lll ~ Date DV-21 NYS PIN 0913.13 State Environmental Quality Review In accordance with the rules, regulations and procedures adopted by Town of Southold (or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules, regulations and procedures) pursuant to the intent of the State Environmental Quality Review Act, the project described below is classified as a: CHECK ONE ^ Type I Action - with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). ^ Type I Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). ^ Unlisted Action -with possible significant effect (NEPA or SEQR DEIS, FEIS and SEQR Record of Decision have been prepared). ^ Unlisted Action -with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). Type II Action ^ Ministerial Act ^ Exempt Act PROJECT DESCRIPTION Airfield Lighting for RW's 7-25 & 12-30 incld Replacement of (4) PAPI's & REILS, Lighted Wind Cone & assoc Cables, Conduits, Regulators & Other Pertinent Electrical Equip - Eng Design Only ~~w2 T ~© c-[T/A10lal P~ ~("~p~ej~~rg~ChSSE. !~~ ~~ vr,`s~7 ~(-~~-off" Date DV-21 NYS PTA' D9"1?. State Environmental Quality Review In accordance with the rules, regulations and procedures adopted by Town of Southold (or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules, regulations and procedures) pursuant to the intent of the State Environmental Quality Review Act, the project described below is classified as a: CHECK ONE ^ Type I Action - with possible significant effect (NEPA or SEQR DEZS, FEIS and SEQR Record of Decision have been prepared). ^ Type I Action - with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). ^ Unlisted Action -with possible significant effect (NEPA or SEAR DEIS, FEIS and SEQR Record of Decision have been prepared). ^ Unlisted Action -with no significant effect (Environmental Assessment Form or Environmental Assessment and Negative Declaration have been prepared and filed). Type II Action ^ Ministerial Act ^ Exempt Act PROJECT DESCRIPTION Install Airfield Lighting for Runways 7-25 (1,792L.F.x75L.F.) and 12-30 (2,328L.F.x100L.F.) including the replacement of four existing PAPI's, four existing REIL's and a Lighted Windcone including all assoc. Cables, Regulators and other r ated Elect~ri/cal Equipment -~pr~Jrl So ~ /~.o ~c~ ~ _ ~ ~~-~ A(sutch~onzgd Sygnatiyy~~ ~ ~/ S~~.s,~ Date Title V