HomeMy WebLinkAboutElizabeth Field Airport - Consultant
r~ RESOLUTION 2012-903
ADOPTED DOC ID: 8356
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-903 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 18,2012:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Cost Plus Fixed Fee Consultant Agreement for the
environmental assessment for the 5-year Capital Improvement Program Projects between the
Town of Southold and C&S Engineers, Inc. in the amount of $150,000.00, of which the Town of
Southold is responsible for 5% of this amount under the Grant Offer, in connection with Project
No. FAA AIP No. 3-36-0029-19-12, NYS DOT No. 0913.19, at Elizabeth Field Airport, Fishers
Island, New York, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
COST PLUS FIXED FEE
CONSULTANT AGREEMENT
FOR
ENVIRONMENTAL AND PLANNING SERVICES
FOR THE
ENVIRONMENTAL ASSESSMENT FOR THE FIVE
YEAR CAPITAL IMPROVEMENT PROGRAM PROJECTS
AT
ELIZABETH FIELD AIRPORT
FISHERS ISLAND, TOWN OF SOUTHOLD, NEW YORK
ov
FAA AIP NO. 3-36-0029-19-12
NYSDOT NO. 0913.19
TABLE OF CONTENTS
ARTICLES PAGE
ARTICLE 1DESCRIPTION OF SERVICES TO BE PERFORMED 1
ARTICLE 2-PROVISION FOR PAYMENT - TIME FOR PERFORMANCE 1
ARTICLE 3-STANDARD OF CARE, STANDARD PRACTICES, AND REQUIREMENTS 3
ARTICLE 4-ENTIRE AGREEMENT 3
ARTICLE 5TAXES, ROYALTIES, AND EXPENSES 3
ARTICLE 6--CONSULTANT LIABILITY 3
ARTICLE 7-LABOR LAW REQUIREMENTS 4
ARTICLE 8NONDISCRIMINATION PROVISIONS 4
ARTICLE 9-WORKER'S COMPENSATION AND LIABILITY INSURANCE 5
ARTICLE 10-ASSIGNMENT REQUIREMENTS 5
ARTICLE 1 1-ADDITIONAL SERVICES 6
ARTICLE 12 ABANDONMENT OR AMENDMENT OF PROJECT AND TERMINATION 6
ARTICLE 13-SUSPENSION OF SERVICES 7
ARTICLE 14 INTERCHANGE OF DATA 8
ARTICLE 15-DISPOSITION OF PROJECT DOCUMENTS 8
ARTICLE 16-CODE OF ETHICS 8
ARTICLE 17 INDEPENDENT CONTRACTOR 8
ARTICLE 18 PATENT RIGHTS AND COPYRIGHTS 9
ARTICLE 19-NEW YORK STATE PARTICIPATION 9
ARTICLE 21-MISCELLANEOUS 9
ARTICLE 22 SUBCONSULTANTS/SUBCONTRACTORS AND VENDORS 10
ARTICLE 23 - FORCE MAJEURE 10
ARTICLE 24 DISPUTE RESOLUTION 10
SCHEDULE A-SCOPE OF SERVICES .....................................................................................A-1 to A-7
SCHEDULE B- COST SUMMARY AND FEE SCHEDULE B-1 to B-2
SCHEDULE C-AGREED OVERHEAD C-1
SCHEDULE D-SPONSOR'S CERTIFICATION FOR SELECTION OF CONSULTANTS ...D-1 to D-3
SCHEDULE E-RESOLUTION E-1
SCHEDULE F-NOT USED
SCHEDULE G-CERTIFICATION OF CONSULTANT G-1
SCHEDULE H-AIRPORT AID PROGRAM H-1 to H-4
SCHEDULE I-NEW YORK STATE DOT REQUIREMENTS ....................................................I-1 to I-5
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COST PLUS FIXED FEE CONSULTANT AGREEMENT
FOR
ENVIRONMENTAL AND PLANNING
PROJECT: Environmental Assessment for the Five Year Capital Improvement Program Projects
Elizabeth Field Airport
This Agreement, made effective this day of 2012, is by and between the
Town of Southold a New York municipal corporation, having an address at P.O. Box 1179, Southold, New
York 11971 (hereinafter referred to as the "SPONSOR"), and C&S Engineers, Inc., a New York business
corporation having its principal offices at 499 Col. Eileen Collins Boulevard, Syracuse, New York 13212
(hereinafter referred to as the "CONSULTANT").
WITNESSETH: That the SPONSOR and the CONSULTANT, for and in consideration of the mutual obligations set
forth herein and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, agree as follows:
ARTICLE 1-DESCRIPTION OF SERVICES TO BE PERFORMED
The SPONSOR hereby retains the CONSULTANT because of its ability and reputation, and the CONSULTANT
accepts such retention, to perform for the SPONSOR the services of the Project more particularly described in
Schedule(s) "A", attached hereto and made a part hereof (the "Basic Services"). The SPONSOR's resolution or
other authorization for retaining the CONSULTANT is attached hereto and made a part hereof as Schedule "E".
The SPONSOR has completed or will complete a "Certification for Selection of Consultant" in connection with
the execution of this Agreement, a copy of which is attached hereto and made a part hereof as Schedule "D".
ARTICLE 2-PROVISION FOR PAYMENT - TIME FOR PERFORMANCE
A. Basis for Payment-The SPONSOR shall pay the CONSULTANT, and the CONSULTANT shall accept, as
full compensation for the performance by the CONSULTANT of the Basic Services under this
Agreement, the following:
Item I: Direct Technical Salaries of all employees assigned to the Project on a full-time basis for all
or part of the term of this Agreement, plus properly allocable partial salaries of all employees working
part-time on the Project, all subject to audit. Overtime in accordance with the terms of this Agreement
shall be charged under this Item.
The cost of Principals' salaries (or allowable portion thereof) included in Direct Technical Salaries
during the period that they are working specifically on the Project (productive time) are eligible if their
comparable time is also charged directly to other projects in the same manner. Otherwise, Principals'
salaries are only eligible as an overhead cost.
Item II-Actual Direct Nonsalary Costs incurred during the term of this Agreement, as defined in
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Schedule(s) "B", attached hereto and made a part hereof, all subject to audit.
Item III-Overhead Allowance based on agreed upon overhead during the term of this Agreement, as
set forth in Schedule "C", which is attached hereto and made a part hereof.
Item IV-Fixed Fee-A negotiated lump sum fee, which in this Agreement shall equal $16,956.52.
This Fixed Fee is not subject to audit, and is not subject to review or modification unless the SPONSOR
determines that such review or modification is justifiable and advisable.
A summary of the monies due the CONSULTANT under Items I, II, III, and IV is set forth in
Schedule(s) "B".
Item V-In the event of any claims being made or actions being brought against the Project, the
CONSULTANT agrees to render assistance to the SPONSOR in responding to the claim or action. Such
assistance, and the costs associated therewith, shall be an Additional Service as described in Article 11
hereof.
B. Partial Payments-The CONSULTANT shall be paid in monthly progress payments based on actual
allowable costs incurred during the month in accordance with Section "A" of this Article. Monthly
invoices shall clearly identify the costs of the services performed. A percentage of the Fixed Fee
described in Section "A", Item IV, of this Article shall be paid with each monthly progress payment.
The percentage to be used in calculating the monthly payment under Section "A", Item IV, shall equal
the ratio of the costs expended during the billing period to the maximum amount payable (exclusive of
Fixed Fee) allocated to fulfill the terms of this Agreement as established herein.
Accounts of the CONSULTANT shall clearly identify the costs of the services performed under this
Agreement and may be subject to periodic and final audit by the SPONSOR, the New York State
Department of Transportation (NYSDOT), and the Federal Aviation Administration (FAA). Such an
audit shall not be a condition for making partial payments.
C. Final Payment-Payment of the final invoice shall be made upon completion and acceptance of the
Project by the SPONSOR, the NYSDOT, and the FAA.
The maximum amount payable under this Agreement, including the CONSULTANT's Fixed Fee, shall
be $150,000.00 unless there is a substantial change in the scope, complexity, character, or duration* of
the Basic Services.
*Duration is applicable to construction observation only.
Execution of this Agreement by the SPONSOR and the CONSULTANT constitutes the SPONSOR's written
authorization to the CONSULTANT to proceed as of the above-written date with the performance of Basic
Services as set forth in Schedule(s) "A". The estimated time for completion of the Basic Services under this
Agreement, subject to the provisions of the following paragraph and of Articles 12, 13, and 23 hereof, shall be
as recorded in Schedule(s) "A".
If the SPONSOR fails to make any payment due the CONSULTANT for services and expenses within forty-five
(45) days after receipt of the CONSULTANT's invoice therefor, then the amounts due the CONSULTANT shall be
increased at the rate of 1.5% per month from said forty-fifth (45 day. Payments will be credited first to
principal and then to interest. Additionally, the CONSULTANT may, after giving seven (7) days' notice to the
SPONSOR, suspend services under this Agreement until the invoice is paid. Upon payment in full by the
SPONSOR, the CONSULTANT shall resume performance or famishing of services under this Agreement, and the
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time schedule set forth in Schedule(s) "A" and compensation set forth in Schedule(s) "B" hereto shall be
equitably adjusted to compensate for the period of suspension.
ARTICLE 3-STANDARD OF CARE, STANDARD PRACTICES, AND REQUIREMENTS
The standard of care for all engineering and related services performed or furnished by the CONSULTANT under
this Agreement shall be the care and skill ordinarily used by members of the CONSULTANT's profession
practicing under similar conditions at the same time and in the same locality. Before beginning to perform or
furnish any service hereunder, the CONSULTANT shall ascertain the standard practices of the SPONSOR, the
NYSDOT, and the FAA, if any, for projects of a type similar to this Project. Where the CONSULTANT deems it
practicable to do so, the services to be provided or furnished under this Agreement shall be performed in
accordance with these standard practices as long as they are consistent with the standard of care. If any of these
standard practices are inconsistent with the CONSULTANT's standard of care or are in conflict with one another,
or if strict adherence to the same is impossible or undesirable, then the CONSULTANT's services may vary or
deviate from such standards.
ARTICLE 4-ENTIRE AGREEMENT
This Agreement, with its accompanying Schedule or Schedules, constitutes the entire agreement between the
SPONSOR and the CONSULTANT with respect to its subject matter, and supersedes any prior agreement, whether
written or verbal, with respect to that subject matter. This Agreement may be amended or modified only by
written instrument signed by the SPONSOR and the CONSULTANT.
ARTICLE 5-TAXES, ROYALTIES, AND EXPENSES
The CONSULTANT shall pay all taxes, royalties, and expenses incurred by the CONSULTANT in connection with
performing its services under this Agreement, unless otherwise provided in Article 2.
ARTICLE 6-CONSULTANT LIABILITY
To the fullest extent permitted by law, the CONSULTANT shall indemnify the SPONSOR against, and hold it
harmless from, any suit, action, actual damage, and cost resulting solely from the negligent performance of
services or omission of the CONSULTANT under this Agreement, up to the limits of any available insurance.
Negligent performance of services, within the meaning of this Article, shall include, in addition to negligence
founded upon tort, negligence based upon the CONSULTANT's failure to meet professional standards and
resulting in obvious or patent errors in the services performed hereunder.
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Nothing in this Article or in this Agreement shall create or give to third parties any claim or right of action
against the CONSULTANT or the SPONSOR beyond such as may legally exist irrespective of this Article or this
Agreement.
Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the
SPONSOR nor the CONSULTANT, their respective officers, directors, partners, employees, contractors or
subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential
damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of
consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of
income, loss of reputation and any other consequential damages that either party may have incurred from any
cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty.
Both the SPONSOR and the CONSULTANT shall require similar waivers of consequential damages protecting all
the entities or persons named herein in all contracts and subcontracts with others involved in this project.
ARTICLE 7-LABOR LAw REQUIREMENTS
The CONSULTANT, and any subconsultant or subcontractor retained by it in connection with the performance or
furnishing of services under this Agreement, shall comply with the requirements of state or federal statutes,
regulations, or orders applicable to the employment of employees, as set forth in Schedules "H" and "I", which
are attached hereto and made a part hereof.
The SPONSOR recognizes that the CONSULTANT will be required by the New York State Department of Labor
(the "NYSDOL") to compensate its personnel performing field survey work in accordance with applicable
state wage rates in effect at the same time services are performed. The SPONSOR understands that the
CONSULTANT has no control over these labor rates and their periodic increases. Therefore, the SPONSOR agrees
to compensate the CONSULTANT for field survey services included as a part of this Agreement in accordance
with the NYSDOL Prevailing Rate Schedule, which is incorporated by reference into this Agreement.
Furthermore, the SPONSOR shall compensate the CONSULTANT for all increases in labor costs, including
applicable overhead and profit, when those increases occur by direction of the NYSDOL. Billings for, and
payments by the SPONSOR of, these increases will take place routinely in accordance with the appropriate terms
of this Agreement and these increases will be paid as an additional cost over and above the agreed amount.
ARTICLE 8-NONDISCRIMINATION PROVISIONS
During the performance of its services under this Agreement, the CONSULTANT, and any subconsultant,
subcontractor, or vendor retained by it, shall comply with the nondiscrimination requirements set forth in
Schedules "H" and "I" hereto, as applicable to this Project.
The CONSULTANT will include the provisions of Schedules "H" and "I" in every subconsultant agreement,
subcontract, or purchase order in such a manner that such provisions will be binding upon each subconsultant,
subcontractor, or vendor as to operations to be performed within the State of New York. The CONSULTANT will
take such action in enforcing such provisions of such subconsultant agreement, subcontract, or purchase order
as the SPONSOR may direct, including sanctions or remedies for noncompliance. If the CONSULTANT becomes
involved in or is threatened with litigation by a subconsultant, subcontractor, or vendor as a result of such
direction by the SPONSOR, the CONSULTANT shall promptly so notify the SPONSOR's legal counsel, requesting
such counsel to intervene and protect the interests of the SPONSOR.
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ARTICLE 9-WORKER'S COMPENSATION AND LIABILITY INSURANCE
The CONSULTANT agrees to procure and maintain at its own expense, and without direct expense to the
SPONSOR, until final acceptance by the SPONSOR of the services covered by this Agreement, insurance of the
kinds and in the amounts hereafter provided, written by insurance companies authorized to do business in the
State of New York. Before commencing the performance of services hereunder, the CONSULTANT shall furnish
the SPONSOR a certificate or certificates, in form satisfactory to the SPONSOR, showing that it has complied
with this Article. All policies shall provide for a 30-day notice of policy cancellation to the SPONSOR (except
10 days' notice should be provided for cancellation due to non-payment of premiums).
The kinds and amounts of insurance required are as follows:
A. Policy or policies covering the obligations of the CONSULTANT in accordance with the provisions of
any applicable worker's compensation or disability benefits law, including for the State of New York
Chapter 41, Laws of 1914, as amended, known as the Workers' Compensation Law, and amendments
thereto, and Chapter 600 of the Laws of 1949, as amended, known as the Disability Benefits Law, and
this Agreement shall be void and of no effect unless the CONSULTANT procures such policy or policies
and maintains the same in force during the term of this Agreement.
B. Policy or policies of commercial general liability insurance, with broad form endorsement covering,
among other things, the CONSULTANT'S obligation under Article 6 hereof, with limits of liability of
not less than One Million Dollars ($1,000,000) for all damages arising out of bodily injury, including
death at any time resulting therefrom sustained by one (1) person in any one (1) accident; and, subject
to that limit for each person; not less than Three Million Dollars ($3,000,000) for all damages arising
out of bodily injury, including death at any time resulting therefrom, sustained by two (2) or more
persons in any one (1) accident; and not less than One Million Dollars ($1,000,000) for all damages
arising out of injury to or destruction of property in any one (1) accident, and, subject to that limit per
accident, not less than Three Million Dollars ($3,000,000) for all damages arising out of injury to or
destruction of property during the policy period.
1. Liability insurance issued to and covering the liability of the CONSULTANT'S subconsultants
and subcontractors, having the same policy limits as those set forth above, with respect to all
services or work performed by said subconsultants or subcontractors under this Agreement.
2. Protective liability insurance issued to and covering the liability of the CONSULTANT with
respect to all services under this Agreement performed for the CONSULTANT by
subconsultants or subcontractors.
3. Professional liability insurance issued to and covering the liability of the CONSULTANT with
respect to all professional services performed by it under this Agreement.
The SPONSOR, the NYSDOT, and the FAA shall be additional insureds, as their interests may appear, under
the insurance coverages described in Paragraph B above, except for the coverage described in Subparagraph
(3), which coverages shall be subject to all of the terms, exclusions, and conditions of the applicable policy.
ARTICLE 10-ASSIGNMENT REQUIREMENTS
The CONSULTANT specifically agrees that:
A. It is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this
Agreement or of its right, title, or interest herein, or its power to execute this Agreement, to any other
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person, company, or corporation without the previous consent in writing of the SPONSOR, the
Commissioner of the NYSDOT, and the FAA.
B. If this provision of the Agreement is violated, the SPONSOR may terminate this Agreement for cause in
accordance with the provisions of Article 12. Furthermore, the SPONSOR shall be relieved from any liability
and obligation hereunder to the person, company, or corporation to whom the CONSULTANT shall assign,
transfer, convey, sublet, or otherwise dispose of this Agreement in violation of the foregoing paragraph (A),
and such transferee shall forfeit and lose all monies assigned to it under this Agreement, except so much as
maybe required to pay its employees.
ARTICLE 11-ADDITIONAL SERVICES
If authorized in writing by the SPONSOR through a Supplemental Agreement, the CONSULTANT shall famish or
obtain from others any service that is beyond the scope of Schedule(s) "A" ("Additional Services"). The scope
and time for performance, and payment from the SPONSOR to the CONSULTANT for, any Additional Services
(which shall be on the basis set forth in Schedule(s) "B") shall be set forth in such Supplemental Agreement.
ARTICLE 12-ABANDONMENT OR AMENDMENT OF PROJECT AND TERMINATION
A. ABANDONMENT OR AMENDMENT OF THE PROJECT-The SPONSOR shall have the absolute right to
abandon or to amend its Project or to change the general basis of performance at any time, and such
action on its part shall in no event be deemed a breach of this Agreement. If the SPONSOR amends its
Project or changes the general basis thereof, and the CONSULTANT is of the opinion that Additional
Services are made necessary thereby, then the provisions of Article 11 of this Agreement with respect to
Additional Services shall apply. If the SPONSOR abandons the Project, then the provisions of paragraph
B(1)(b) below shall govern payment to the CONSULTANT.
B. TERMINATION
The obligation to provide further services under this Agreement may be terminated:
1. For Cause:
a. By either party upon thirty (30) days' prior written notice in the event of substantial failure by the
other party to perform in accordance with the terms of this Agreement through no fault of the
terminating party. Notwithstanding the foregoing, this Agreement will not terminate as the result
of such substantial failure if the party receiving notice begins, within seven (7) days after receipt
of such notice, to correct its failure to perform and proceeds diligently to cure such failure within
thirty (30) days of such receipt; provided that, if and to the extent that such substantial failure
cannot reasonably be cured within such thirty (30)-day period, and if the party has diligently
attempted to cure the failure and thereafter continues diligently to cure the problem, then the cure
period may, in the discretion of the terminating party, be extended to sixty (60) days after the
receipt of notice.
b. By the CONSULTANT upon seven (7) days' written notice if (a) the CONSULTANT believes that it is
being requested by the SPONSOR to perform or furnish services contrary to or in conflict with the
CONSULTANT's responsibilities as a licensed design professional or the standard of care set forth
in Article 3 hereof; or (b) the CONSULTANT's services are delayed or suspended for more than
ninety (90) days, consecutively or in the aggregate, for reasons beyond the CONSULTANT's
control; or (c) the SPONSOR has abandoned, or is considered to have abandoned, the Project.
2. For convenience by the SPONSOR, effective upon the receipt of notice by the CONSULTANT.
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C. PAYMENTS UPON TERMINATION
1. For Cause:
a. By the SPONSOR: If the SPONSOR terminates this Agreement for cause upon completion of any
phase of Basic Services, then progress payments due the CONSULTANT in accordance with this
Agreement for all such services performed by or furnished through the CONSULTANT and its
subconsultants, subcontractors, and vendors through the completion of such phase shall constitute
total payment for such services. If the SPONSOR terminates this Agreement for cause during any
phase of Basic Services, the CONSULTANT will also be paid for such services performed or
furnished in accordance with this Agreement by the CONSULTANT during that phase through the
date of termination on the basis specified in Schedule(s) "B". The CONSULTANT will also be paid
for the charges of its subconsultants, subcontractors, or vendors who performed or furnished Basic
Services to the extent that such services have been performed or furnished in accordance with this
Agreement through the effective date of the termination. The SPONSOR shall also pay the
CONSULTANT for all unpaid Additional Services and unpaid Reimbursable Expenses.
b. By the CONSULTANT: If the CONSULTANT terminates this Agreement for cause upon completion
of any phase of Basic Services, then progress payments due the CONSULTANT in accordance with
this Agreement for all such services performed or furnished by the CONSULTANT and its
subconsultants, subcontractors, or vendors through the completion of such phase shall constitute
total payment for such services. The CONSULTANT shall also be paid for all unpaid Additional
Services and unpaid Reimbursable Expenses, as well as for the CONSULTANT's reasonable
expenses directly attributable to termination in accordance with the rates for Additional Services
set forth in Schedule(s) "B" hereto measured from the date of termination, including fair and
reasonable sums for overhead and profit and the costs of terminating the CONSULTANT's contracts
with its subconsultants, subcontractors, or vendors.
2. For convenience
If the SPONSOR terminates this Agreement for convenience upon completion of any phase of Basic
Services, then progress payments due the CONSULTANT in accordance with this Agreement for all
such services performed by or furnished through the CONSULTANT through the completion of such
phase shall constitute total payment for such services. If the SPONSOR terminates this Agreement
for convenience during any phase of Basic Services, the CONSULTANT will also be paid for such
services performed or furnished in accordance with this Agreement by the CONSULTANT during
that phase through the date of termination on the basis specified in Schedule(s) "B". Additionally,
the CONSULTANT will be paid for the charges of its subconsultants, subcontractors, or vendors
who performed or furnished Basic Services through the effective date of termination. The
SPONSOR shall also pay the CONSULTANT for all unpaid Additional Services and unpaid
Reimbursable Expenses, as well as for the CONSULTANT's reasonable expenses directly
attributable to termination in accordance with the rates for Additional Services set forth in
Schedule(s) "B" measured from the date of termination, including fair and reasonable sums for
overhead and profit and the costs of terminating the CONSULTANT's contracts with its
subconsultants, subcontractors, or vendors.
ARTICLE 13-SUSPENSION OF SERVICES
If the CONSULTANT's services hereunder are delayed or suspended, in whole or in part, by the SPONSOR for
more than thirty (30) calendar days, consecutively or in the aggregate, through no fault of the CONSULTANT,
then the CONSULTANT shall be entitled to equitable adjustments of rates and amounts of compensation to
reflect, among other things, reasonable costs incurred by the CONSULTANT in connection with the delay or
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suspension and reactivation and the fact that the time for performance of the CONSULTANT's services
hereunder has been revised. If the delay or suspension persists for more than ninety (90) days, consecutively or
in the aggregate, then the CONSULTANT may consider the Project to have been abandoned by the SPONSOR and
may terminate this Agreement for cause.
Upon the SPONSOR's resumption of its Project, and if the CONSULTANT has not terminated this Agreement for
cause, the CONSULTANT shall resume its services under this Agreement until the services are completed and
accepted, subject to any adjustment in the rates set forth in Schedule(s) "B" because of the passage of time.
ARTICLE 14-INTERCHANGE OF DATA
During the performance of this Agreement, all technical data in regard to the Project whether (a) existing in the
office of the SPONSOR or (b) existing in the office of the CONSULTANT, shall be made available to the other
party to this Agreement without expense to such other party.
ARTICLE 15-DISPOSITION OF PROJECT DOCUMENTS
At the time of completion of its services and upon payment in full therefor, the CONSULTANT shall make
available to the SPONSOR copies of documents prepared as the result of this Agreement. These documents shall
then become the property of the SPONSOR and the maintenance of the data therein shall be the sole
responsibility of the SPONSOR. Any reuse of the documents by the SPONSOR or others on extensions of the
Project, or on any other project, without written verification or adaptation by the CONSULTANT and its
subconsultants, subcontractors, or vendors, as appropriate, for the specific purpose intended will be at the
SPONSOR's or other user's sole risk and expense and without liability or legal exposure to the CONSULTANT or
its subconsultants, subcontractors, or vendors. The SPONSOR shall indemnify the CONSULTANT, its
subconsultants, subcontractors, and vendors against, and hold them harmless from, all claims, damages, losses,
and expenses (including reasonable expert and attorneys' fees) arising out of or resulting from such reuse.
In the event that this Agreement is terminated for any reason, then within ten (10) days after such termination,
the CONSULTANT shall make available to the SPONSOR all data and material prepared under this Agreement,
including cover sheets, in accordance with and subject to the terms of the above paragraphs.
ARTICLE 16-CODE OF ETHICS
The CONSULTANT specifically agrees that this Agreement may be canceled or terminated if any service under
this Agreement is in conflict with the provisions of Section 74 of the New York State Public Officers' Law, as
amended, and Schedule "G", which is attached hereto and made a part hereof.
ARTICLE 17-INDEPENDENT CONTRACTOR
The CONSULTANT, in accordance with its status as an independent contractor, shall conduct itself consistent
with such status; shall neither hold itself out as nor claim to be an officer or employee of the SPONSOR by
reason hereof; and shall not, by reason hereof, make any claim, demand, or application to or for any right or
privilege applicable to an officer or employee of the SPONSOR, including, but not limited to, workers'
compensation coverage, unemployment insurance benefits, Social Security coverage, or retirement membership
or credit.
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ARTICLE 18-PATENT RIGHTS AND COPYRIGHTS
Any patentable result arising out of this Agreement, as well as all information, designs, specifications, know-
how, data, and findings, shall be made available without cost to the State of New York or its licensees and the
FAA for public use. No material prepared in connection with this Project shall be subject to copyright. The
State and the FAA shall have the right to publish, distribute, disclose, or otherwise use any material prepared
under this Project, subject to the provisions of Article 15 hereof.
ARTICLE 19-NEW YORK STATE PARTICIPATION
The services to be performed in this Agreement are included in a NYSDOT Project, which is being undertaken
and accomplished by the SPONSOR and the State of New York and pursuant to which the State of New York
has agreed to pay a certain percentage of the allowable Project costs. The State of New York is not a party to
this Agreement and no reference in this Agreement to the Commissioner of Transportation or any
representative thereof, or to any rights granted to the Commissioner of Transportation or any representative
thereof or the State of New York by the Agreement, makes the State of New York a party to this Agreement.
The CONSULTANT and the SPONSOR agree that properly authorized officials of the State of New York may
from time to time inspect all Project documents for the purpose of insuring compliance with New York State
laws and protecting the interests of the State of New York.
ARTICLE 20-FEDERAL PARTICIPATION
The FAA is not a party to this Agreement, although the Project work program covered by this Agreement may
be financially aided in part by a Grant Agreement between the SPONSOR and the FAA. The SPONSOR and
the CONSULTANT hereby agree to comply fully with the conditions set forth in detail in the Grant Agreement
as though they were set forth in detail in this Agreement, including the requirements set forth in Schedules
"D", "G", and "H" hereto. The CONSULTANT further agrees that, by reason of complying with the conditions
of the Grant Agreement, no obligation is entailed on the part of the FAA to the CONSULTANT.
The CONSULTANT and the SPONSOR agree that properly authorized officials of the FAA may from time to
time inspect all Project documents for the purpose of insuring compliance with Federal laws and protecting the
interests of the FAA.
ARTICLE 21-MISCELLANEOUS
A. The CONSULTANT shall require all persons employed to perform services hereunder, including its
subconsultants or subcontractors, vendors, agents, officers, and employees, to comply with applicable
laws in the jurisdiction in which the Project is located.
B. If any provision of this Agreement is held to be invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
C. By execution of this Agreement, the CONSULTANT represents that it has not paid, and also agrees not
to pay, any bonus or commission for the purpose of obtaining any approval of this Agreement.
D. Any notice required under this Agreement shall be in writing, addressed to the appropriate party at the
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address set forth above, and shall be given personally; by registered or certified first-class mail,
postage prepaid and return receipt requested; by facsimile transmission, with confirmation of receipt;
or by a nationally-recognized overnight courier service, with proof of receipt. Notice shall be effective
upon the date of receipt. For purposes of this Agreement, failure or refusal to accept receipt shall
constitute receipt nonetheless. Either party may change its address for notice by giving notice to the
other in accordance with the terms of this paragraph.
E. This Agreement, and the interpretation and enforcement of the provisions hereof, is governed by the
laws of the State of New York.
ARTICLE 22- SUBCONSULTANTS/SUBCONTRACTORS AND VENDORS
All subconsultants and subcontractors performing services for or work on this Project shall be bound by the
same required provisions of this Agreement as is the CONSULTANT. As set forth above, all agreements
between the CONSULTANT and a subconsultant, subcontractor, or vendor shall include all standard required
contract provisions, and such agreements shall be subject to review by the NYSDOT and the FAA.
ARTICLE 23 - FORCE MAJEURE
Any delay in or failure of performance of any party to this Agreement shall not constitute a default under this
Agreement nor give rise to any claim for damage, if and to the extent such delay or failure is caused by
occurrences or events beyond the control of the party affected, including,.but not limited to, acts of God;
expropriation or confiscation of facilities or compliance with any order or request of government authority,
affecting to a degree not presently existing, the supply, availability, or use of personnel or equipment; loss of
utility services; blizzard; flood; fire; labor unrest; strikes; war; riot; or any cause the party is unable to prevent
with reasonable diligence. A party who is prevented from performing for any reason shall immediately notify
the other in writing of the reason for the nonperformance and the anticipated extent of any delay. Additionally,
if the delay resulting from any of the foregoing increases the cost of or time required by the CONSULTANT to
perform its services hereunder in an orderly and efficient manner, then the CONSULTANT shall be entitled to an
equitable adjustment in schedule and/or compensation.
ARTICLE 24 - DISPUTE RESOLUTION
A. The SPONSOR and the CONSULTANT agree to negotiate in good faith for a period of thirty (30) days
from the date of notice of disputes between them prior to exercising their right under paragraph (B)
below. The thirty-day period may be extended upon mutual agreement of the parties.
B. If any dispute cannot be resolved pursuant to paragraph (A) above, and only if mutually agreed by the
SPONSOR and the CONSULTANT, said dispute and all unsettled claims, counterclaims, and other
matters in question between them arising out of or relating to this Agreement or the breach of any
provision hereof ("disputes") shall be submitted to mediation by a mediator, to be selected by the
parties jointly, prior to a party initiating a legal action against the other, unless initiating mediation
would irrevocably prejudice one of the parties. It is the intention of the parties that any agreement
reached at mediation become binding. The cost of mediation shall be shared equally between the
parties.
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IN WITNESS WHEREOF, this Agreement has been executed by the SPONSOR, acting by and through it's
Supervisor of the Town of Southold, who has caused the seal of his or her office to be affixed hereto, and by
the CONSULTANT, acting by and through a duly-authorized officer, effective the day and year first above-
written, subject to the approval of the Commissioner of the NYSDOT, the State Comptroller, and the FAA.
SPONSOR CONSULTANT
Town of Southold, New York C&S Engineers, Inc.
By: By: /
Scott A. Russell / #Ahony Basile
Title: Town Supervisor Title: Manager, Airport Services Group
Date: Date:
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SCHEDULE A
SCOPE OF WORK
Project Title: Environmental Assessment for the Five Year Capital
Improvement Program Projects
Airport Name: Elizabeth Field Airport
Services Provided: Environmental and Planning
Project Description:
The CONSULTANT shall provide required planning and environmental services to complete the Environmental
Assessment for the Five Year Capital Improvement Program projects (the "Project'). The Project will be
performed by the SPONSOR with grant assistance from the Federal Aviation Administration (FAA) Airport
Improvement Program (AIP) and the New York State Department of Transportation (NYSDOT).
Overview of Services
C&S Engineers, Inc. (CONSULTANT) will provide the required professional services to prepare an
Environmental Assessment (EA) for the proposed projects listed below at Elizabeth Field Airport, Fishers Island,
New York (SPONSOR).
• Runway 30 Threshold Relocation and RSA Improvements and Obstruction Removal (design and
construction projects)
• Taxiway "A" Connector from R/W 25 to R/W 30 (design and construction projects)
• GPS: RNAV LPV Approach Development (Survey and GIS)
• Seawall Stabilization & Relocation (design and construction projects)
• Terminal Apron & Auto Parking Relocation (design and construction projects)
• Taxiway "B" and Apron Expansion (design and construction projects)
The project will be conducted in two phases. Phase 1 will be a validation of the project purpose and need, while
Phase 2 will be the development of the EA. Phase 2 includes any preliminary engineering needed to prepare the
EA.
Services to be provided by the CONSULTANT shall include environmental, planning and engineering services,
as applicable, required to accomplish the following items ("Basic Services"):
Project Administration
The Project will be performed by the SPONSOR with grant assistance from the FAA AIP. The
CONSULTANT will aid the SPONSOR by acting as its liaison and Project coordinator with the FAA. In
addition, CONSULTANT will assist the SPONSOR in the preparation of all paperwork required to secure
funds for the Project. The specific services to be provided by CONSULTANT as part of this phase are as
follows:
• Preparation of reimbursement request packages, coordination of their execution by the SPONSOR,
and submission to the funding agencies.
• Aid the SPONSOR by acting as liaison and Project coordinator with the funding agencies.
• Preparation of a draft Finding of No Significant Impact (FONSI).
• Consistent with CEQ and FAA requirements, we will assist the SPONSOR in announcing the
availability of the FONSI through appropriate media in the area. The announcement will indicate the
availability of the document for examination and note the appropriate location of general public access
where the document may be found (e.g., your office, local libraries, public buildings, etc.). A copy of
the announcement will be sent to the FAA when it is issued.
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Schedule
CONSULTANT agrees to complete the services identified herein in a manner satisfactory to the SPONSOR
within nine months after receiving a written Notice to Proceed from the SPONSOR, or within such extended
periods as are agreed to by the SPONSOR.
Phase 1 - Validation of Purpose and Need
The proposed projects to be evaluated in the EA have been identified as Phase I Capital Improvement Projects
(CIP) on the approved Airport Layout Plan (ALP) dated October 12, 2011. Some of the projects identified are
related to the Airport Reference Code (ARC) being upgraded from an A-1 for small airplanes exclusively to an
A-1/13-1 to accommodate larger aircraft, and the implementation of an LPV approach. A validation of these
projects is necessary to determine if there is justification for the projects to occur within the next five years.
Specific tasks to be completed include the following:
Task 1: Review of Critical Aircraft and Airport Design Standards
The approved ALP recommends the ARC be upgraded from an A-I for small aircraft exclusively to an A-1B-I
to accommodate larger aircraft. This task will review the existing operations at the airport and determine if the
airport has enough operations by larger aircraft to justify an increase in the ARC to A-1/13-I within the next five
years. If the airport does not meet FAA criteria to upgrade the ARC then the existing critical aircraft and
airport design standards associated with them will be identified. This task will also identify whether the
airport meets the airport design standards associated with the applicable ARC.
Task 2: Determine the Feasibility of Implementing an LPV Approach to the Airport
The ALP Narrative Report recommended the implementation of an LPV approach to the airport due to the
limited access available to Fishers Island. Currently the Island can be accessed by ferry service from
Connecticut or by airplane. During fog and/or adverse weather conditions, no operations can be conducted and
emergency response is limited to the ferry service.
This task will include reviewing the updated Advisory Circular 150/5300-13, CHG 18 and contacting the FAA
Flight Procedures Office to determine if the airport meets the criteria for an LPV approach.
Task 3: Obstruction Evaluation
The ALP Update identified obstructions at the airport associated with the implementation of an LPV approach.
If Task 2 determines an LPV approach is not feasible and/or would not be developed within the next five years
then the LPV related obstructions could remain. Since the ALP Update did not evaluate existing obstructions
an obstruction analysis would be required. This analysis would include identifying FAR Part 77 obstructions
to the primary, approach, and transitional surfaces, and identifying Runway End Siting Surface obstructions.
The obstruction analysis would be developed using the data obtained from the obstruction survey conducted as
part of the ALP Update.
This validation effort will conclude with a list of projects that are justified within the next 5 years (2013-2018)
to proceed forward in the environmental assessment process. This may result in removal or modification of
projects included in the current Five-Year CIP on the approved ALP.
Phase 2 - Preparation of the Environmental Assessment
An Environmental Assessment will be prepared to address potential environmental impacts from the above listed
projects. These projects are being undertaken by the Airport to support the increased demand for services at the
Airport and to enhance safety for passengers and aircraft.
Guidelines for EA Preparation
The purpose of an EA is to determine the significance of the environmental effects from a proposed project and
to look at alternatives to achieve the objectives of the Sponsor and the Federal Aviation Administration (FAA).
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The EA is intended to be a concise document that aids an agency's compliance with NEPA when no
environmental impact statement is necessary;
The EA will be prepared in a manner that is consistent with the following guidance documents:
• FAA Order 5050.413, National Environmental; Policy Act (NEPA) Implementing Instructions for
Airport Actions
• FAA Order 1050AE, Environmental Impacts, Policies and Procedures; and local rules and
regulations
• FAA Environmental Desk Reference for Airport Actions
The major components of the EA are:
Purpose and Need
Identify the Project to be assessed, the requested Federal action, and the time frame for such action. The
following items will be discussed:
• Description of Project
• Relevant information regarding the purpose and need for the Project
Affected Environment
A review of existing conditions at the Project site will be conducted. This task involves collecting data, which
will include, but not be limited to the following:
• An on-site airport site inspection will be conducted to familiarize CONSULTANT with the
proposed action being considered.
• Existing relevant data
Alternatives
A range of conceptual alternatives (up to four, including the no-action alternative) will be developed as part of
the Project. The results of the alternative analysis will be the basis for preparation of the alternative
development section of the EA. The alternatives phase will include development, and a description, of a "No
Action" alternative in accordance with CEQ regulations.
Environmental Consequences - Specific Impact Categories
This part of the EA involves examining the Project's potential environmental impact areas and determining if
they may be significant. During this process, specific consultation with environmental agencies will be
accomplished. The following impact categories, as specified in FAA Order 1050.1 E, will be addressed:
Air Quality
This chapter will assess the need to conduct air quality analyses for the airport development projects listed
above. The EPA Green Book for current National Ambient Air Quality Standards (NAAQS) attainment areas
has been reviewed. The Airport is located in Suffolk County, which is listed by the USEPA as non-attainment
for ozone and particulate material. Therefore, an air quality analysis and a NAAQS assessment are anticipated
for this project.
Coastal Resources
As applicable, any coastal zone management programs or coastal barriers affected by the proposed actions will
be identified. Given the location of the proposed actions potential coastal zone issues are anticipated.
Compatible Land Use
Any impacts exceeding thresholds of significance that have land use ramifications, such as disruption of
communities, relocation of residences or businesses, or impacts to natural resource areas, will be identified.
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Construction Impacts
Specific effects during construction of the Project which may create adverse environmental impacts (including
noise of construction equipment at the Project site; noise and dust from delivery of materials through
residential streets; creation of borrow pits and disposal of spoil; air pollution from burning debris; water
pollution from erosion; and emission from construction vehicles) will be identified. The extent to which any of
these effects is subject to local, state, or federal laws, ordinances, or regulations will be discussed, as
applicable, along with measures to be taken to conform to such requirements.
Department of Transportation Section 4(n
The EA will identify and consider publicly-owned land, including public parks, recreation areas, wildlife and
waterfowl refuges, or historic sites that could be affected by the proposed actions. Any areas affected will be
identified and measures to minimize impacts will be recommended.
Farmlands
This part of the EA will identify the effects of converting farmland to non-agricultural uses and involves
determining if the farmland is protected by the Farmland Protection Policy Act (FPPA). Farmland protected by
the FPPA is either prime farmland which is not already committed to urban development or water storage,
unique farmland, or farmland which is of state or local importance. The U.S. Soil Conservation Service and
other applicable agencies will be contacted to determine whether the FPPA is applicable to the proposed
actions.
Fish, Wildlife, andPlants
The United States Fish & Wildlife Service list a variety of threatened and endangered species are noted as
being potentially present in Suffolk County. The EA will review the projects potential to impact state- or
federally-listed threatened or endangered species. It is assumed that no detailed screenings or habitat
assessments for state- or federally-listed species will be required.
Floodplains
The Flood Insurance Rate Map or the Flood Insurance Study Report will be reviewed to determine if the
Project is located within a flood plain. The presence or absence of flood plains and the potential for impacts
will be documented.
Hazardous Materials, Pollution Prevention, and Solid Waste
A general review to determine the likelihood of encountering land that may contain hazardous substances or
may be contaminated will be undertaken. Airport development actions do not normally have any direct
relationship to solid waste collection, control, or disposal other than that associated with construction itself. A
preliminary review will indicate if the projected quantity or type of solid waste generated by or method of
collection or disposal of waste related to, the Project will be appreciably different than would be the case today.
Historic, Architectural, Archeological, and Cultural Resources
The New York State Historic Preservation Officer (SHPO) will be contacted to determine if the proposed
actions will have an impact upon any properties in, or eligible for inclusion in, the National Register of Historic
Places, and whether there is any reason to believe that significant scientific, prehistoric, historic,
archaeological, or paleontological resources would be lost or destroyed as a result of the proposed actions. For
the purposes of this agreement, it is assumed that Phase IA and IB Cultural Resource Surveys will be required,
and will be completed as part of these services.
Light Emissions & Visual Impacts
Consideration will be given as to the extent to which any lighting or visual impacts associated with the
proposed actions will create an annoyance among people in the vicinity of the Project.
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Natural Resources and Energy Supply
Energy requirements associated with the proposed actions include assessing the following impacts:
• Those which relate to changed demands for stationary facilities (e.g., airfield lighting and terminal
building heating). Any major changes in stationary facilities' demands, which would have a
measurable effect on local supplies, will be identified; and
• Those which involve the movement of air and ground vehicles.
Noise
It is assumed by the CONSULTANT that a noise analysis is not needed. The proposed action will not result in
any of the following:
• No induced increase in aircraft operations (outside of forecasted growth);
• No chance in the physical location of the runway thresholds;
• No induced change in flight procedure either through changes to flight tracks or the introduction of
new technology;
• No change in the fleet mix of aircraft operating at the airport; and
• No introduction of new aircraft types or categories operating at the airport.
If a noise analysis is needed, it will require an amendment to this scope of services.
Secondary (Induced) Imports
The proposed action's potential for induced or secondary impacts on surrounding communities will be
identified. The EA assessment will describe in general terms such factors as shifts in patterns of population
movement and growth, public service demands, and changes in business and economic activity to the extent
influenced by Airport development.
Socioeconomic Impacts, Environmental Justice, and Children's Environmental Health and Safety Risks
This section of the EA will consider the magnitude of potential economic and social impacts associated with
the proposed actions. The effect of the proposed action upon the social and community aspects of the area will
be described in terms of the numbers of people and businesses affected and available forms of relocation
assistance. Road closures and surface transportation disruptions will be identified and described, as
appropriate. Environmental justice is concerned with a variety of public policy efforts to ensure that adverse
human health or environmental effects of governmental activities do not fall disproportionately upon minority
populations and low-income populations. In the realm of aviation, environmental justice means that
transportation system changes, such as runway extensions, are studied carefully to determine the nature, extent,
and incidence of probable impacts, both favorable and adverse. The EA will also identify and assess
environmental health risks and safety risks of the proposed actions that may disproportionately affect children.
Water Quality
The potential effects of the proposed actions on water quality will be discussed. The following factors will be
considered:
• Erosion controls to prevent siltation;
• Designs to preserve existing drainage or to minimize dredge and fill; and
• Location with regard to an aquifer or sensitive ecological areas, such as wetlands.
Measures to minimize water pollution and run-off effects will be identified to demonstrate that State water
quality standards, as well as federal and local requirements, can be met.
Wetlands
Potential impacts to state and federal wetlands will be assessed. Wetlands will be delineated consistent with
the requirements of the Army Corps of Engineers and the New York State Department of Environmental
Conservation guidelines. If wetlands impacts are identified, a conceptual wetland mitigation plan will be
prepared as part of the EA.
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Wild and Scenic Rivers
The U.S. Department of the Interior will be contacted to determine the presence or absence of Wild and Scenic
Rivers that could be impacted by the proposed actions. If necessary, potential impacts will be identified and
mitigation measures will be recommended.
Other Considerations
The EA will discuss whether the proposed actions are likely to be highly controversial on environmental
grounds; are likely to be inconsistent with any federal, state, or local law or administrative determination
relating to the environment; and are reasonably consistent with plans, goals, policies, or controls that have been
adopted for the area in which the Airport is located.
Cumulative Impacts
CEQ Regulation 1500.7 states that "cumulative impact" is the impact on the environment which results
from the incremental impact of an action when added to other past, present, and reasonably foreseeable
future actions, regardless of what agency or person undertakes such other actions. Cumulative impacts are
defined as existing or baseline (no build) impacts on the environment, plus the incremental direct effect of
the proposed actions, plus the actions' indirect/secondary impacts. These will be assessed to determine the
environment's ability to sustain such impacts.
Anticipated Permits or Approvals
All required environmental permits for the proposed action will be identified. This scope of work includes
does not include preparation of permits for the proposed action.
Mitigation
Mitigation measures that will need to be taken to avoid or minimize significant impact on a particular resource
will be identified. Any impacts that cannot be mitigated, or that cannot be mitigated below the threshold of
significance identified in FAA Order 1050.1 E, will be discussed.
Public Involvement
One meeting will be scheduled with the SPONSOR and other agencies during the EA development process.
The meeting will be a public informational meeting. The FAA will be notified of and invited to the meeting for
coordination and comments.
EA Report Preparation
An EA will be prepared that summarizes the results of the foregoing tasks. Copies of the Draft Environmental
Assessment (DEA) and of the Final Environmental Assessment (FEA) documents will be prepared for
distribution. The distribution list will include the SPONSOR, the FAA, and other environmental agencies.
Additionally, copies of the FEA may be made available in print form at various public locations.
State Environmental Quality Review Act
This scope of work includes assisting the SPONSOR, as necessary in the preparation of the applicable
Environmental Assessment Form, coordination with involved agencies, and publication of the findings in
accordance with New York State Department of Conservation State Environmental Quality Review Act
regulations, 6 NYCRR Part 617.
Assumptions made by CONSULTANT and agreed to by the SPONSOR:
• If meetings in addition to those described in the "Public Involvement" section above require
attendance by CONSULTANT, and the FAA subsequently approves CONSULTANT's attendance, it
is agreed that such attendance is an additional service and that, if necessary, a supplemental agreement
will be executed by the SPONSOR to authorize such attendance and CONSULTANT's fee.
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• CONSULTANT will endeavor to complete the EA Scope of Services identified herein within nine
months after receiving the written Notice to Proceed. However, if circumstances beyond the control of
the CONSULTANT (including but not limited to, review by involved governmental agencies) prevent
the CONSULTANT from completing the work within the agreed upon time frame, then the
CONSULTANT may request an extension of time to complete the work and may be entitled to
additional compensation based on remaining effort anticipated and agreed to in advance by the
SPONSOR and FAA.
• CONSULTANT fee associated with this Scope of Services was developed based upon an assumption
that preparation of an Environmental Impact Statement (EIS) will not be necessary for the Project. If
an EIS is determined to be necessary, then the SPONSOR may enter into a supplemental agreement
authorizing CONSULTANT to perform the necessary additional services.
• DOT 4(f) properties will not be affected by the proposed project.
• Detailed studies of flora and fauna will not be required. Outside consultants or scientific specialists
will not be required.
• A noise analysis is not needed.
• Phase II and Phase III Cultural Resource surveys will not be required and are not included in this
scope of services.
END OF SCHEDULE
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Schedule B
Architectural -/-Engineering
Cost Summary
Environmental & Plannin Phase
PROJECT NAME: Fisher Island 5 year CIP Environmental Assessment DATE: 26-Nov-12
PROJ DESCRIPTION Elizabeth Field Airport, Fishers Island, New York A/E: C & S ENGINEERS, INC.
Environmental Assessment for 5 year CIP PROJECT NO: 211
CLIENT: Town of Southold C&S CONTACT: Thomas Horth
CLIENT MANAGER: Gordon S. Murphy
1. DIRECT SALARY COSTS: MAXIMUM AVERAGE
RATE OF PAY RATE OF PAY
TITLE ($/HR) ($/HR) @ HOURS COST
A. SERVICE GROUP MANAGER $74.30 $67.70 X 4 = $270.80
B. DEPARTMENT MANAGER $61.20 $56.80 X 76 = $4,316.80
C. MANAGING ENGINEER $53.20 $49.10 X 0 = $0.00
D. CHIEF/PRINCIPAL ENGINEER $59.80 $57.10 X 0 = $0.00
E SENIOR PROJECT ENGINEER $44.30 $42.30 X 72 = $3,045.60
F. PROJECT ENGINEER $41.60 $37.10 X 40 = $1,484.00
G. ENGINEER $41.50 $32.20 X 0 = $0.00
H. STAFF ENGINEER $32.80 $2840 X 0 = $0.00
I. SENIOR DESIGNER $37.90 $31.90 X 124 = $3,955.60
J. DESIGNER $3120 $26.30 X 0 = $0.00
K. CADD OPERATOR $26.60 $2270 X 0 = $0.00
L. ADMINISTRATIVE ASSISTANT $24.50 $21.60 X 32 - $691.20
M. GRANTS ADMINISTRATOR $38.00 $36.10 X 16 = $577.60
N. MANAGER AIRPORT PLANNING $57.00 $5430 X 56 = $3,040.80
0. SENIOR PLANNER $54.60 $47.20 X 295 = $13,924.00
P. PLANNER $32.80 $31.20 X 80 = $2,496.00
O. STAFF PLANNER $32.80 $28.40 X 0 = $0.00
R. SENIORIMANAGING ARCHITECT $52.40 $49.20 X 0 = $0.00
S. PROJECT ARCHITECT $41.50 $39.50 X 0 - $0.00
T. MANAGING GEOLOGIST (SOILS ENG) $56.80 $54.10 X 0 = $0.00
U. GEOLOGIST $27.40 $26.00 X 0 = $0.00
V. ENVIRONMENTAL SCIENTIST $34.70 $33.10 X 40 = $1,324.00
W. SENIOR CONSTRUCTION SUPERVISOR $65.90 $62.80 X 0 = $0.00
X. CONSTRUCTION SUPERVISOR $47.60 $45.30 X 0 = $0.00
Y. RESIDENT ENGINEER $49.20 $41.40 X 0 = $0.00
Z. CHIEF INSPECTOR $37.10 $3540 X 0 = $0.00
AA. SENIOR ENVIRONMENTAL SCIENTIST $32.80 $29.30 X 216 = $6,328.80
TOTAL ESTIMATED DIRECT SALARY COST: $41,455.20
II- OVERHEAD EXPENSES & PAYROLL BURDEN PER SCHEDULE "C" -
(AUDITABLE, ESTIMATED AND EXPRESSED AS A PERCENTAGE
OF DIRECT SALARY COST): 166.00% $68,815.63
III. SUBTOTAL OF ITEMS I & II: $110,270.83
B-1
IV. ESTIMATE OF DIRECT EXPENSES:
A. TRAVEL, BY AUTO (from SYR):
5 TRIPS @ 650 MILESRRIP @ $0.510 = $1,657.50
B. TRAVEL, BY AUTO (from Hadley, MA):
1 TRIPS @ 220 MILES/TRIP @ $0.51 = $112.20
C. PER DIEM:
7 DAYS @ 1 PERSONS @ $12100 = $661.00
D. MISCELLANEOUS: _ $141.95
TOTAL ESTIMATE OF DIRECT EXPENSES: $2,772.65
V. FIXED FEE (PROFIT, LUMP SUM):
A. LABOR PLUS OVERHEAD: 15% (OF IIL) $16,540.62
B. DIRECT EXPENSES: 15% (OF IV.) $415.90
TOTAL FIXED FEE: $16,956.52
VI. SUBCONTRACTS:
A. SBO - Cultural Resources $20,000.00
VII. TOTALS:
A. ESTIMATE OF MAXIMUM TOTAL COST FOR PLANNING SERVICES, AGREEMENT TOTAL & FAA ELIGIBLE: $150,000.00
B-2
SCHEDULE"Ce
C&S ENGINEERS, INC
AGREED OVERHEAD
ALLOWABLE % OF
SALARY OVERHEAD (PAYROLL BURDEN) COST DIRECT LABOR
Vacation & Holiday 2,000,000.00 15%
Sick & Personal 306,000.00 2%
FICA Taxes 1,700,000.00 12%
U. E. Taxes 235,000.00 2%
WC Insurance 130,000.00 1%
Group Insurance 1,500,000.00 11%
Bonus 1,600,000.00 12%
Employee Benefits 700,000.00 5%
Payroll Preparation 45,000.00 0%
TOTAL SALARY OVERHEAD 8,216,000.00 60%
GENERAL & ADMINISTRATIVE OVERHEAD
Indirect Labor 2,700,000.00 20%
Clerical & Administrative 2,200,000.00 16%
Project Development 2,600,000.00 19%
Training & Recruitment 300,000.00 2%
Office Supplies & Equipment Leases 1,814,000.00 13%
Travel & Auto Expenses 925,000.00 7%
Insurance 250,000.00 2%
Depreciation 780,000.00 6%
Rent , Janitorial, & Maintenance 1,830,000.00 13%
Utilities 190,000.00 1%
Telephone 380,000.00 3%
Dues & Fees 400,000.00 3%
Workshops, Seminars, & Education 125,000.00 1%
Legal & Accounting 90,000.00 1%
TOTAL GENERAL & ADMINISTRATIVE 14,584,000.00 106%
TOTAL OVERHEAD 22,800,000.00 166%
TOTAL DIRECT LABOR 13,700,000.00
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SCHEDULE D
SPONSOR'S CERTIFICATION FOR SELECTION OF CONSULTANT
New York UDepartment 00 Old Country Rd, Suite 46 ce
of Transportation Garden City, New York 11530
Telephone: 516-227-3812
Federal Aviation Fax: 516-227-3813
Administration
February 17, 2009 RIC O PY
Mr. Thomas Doherty
Airport Manager
P.O.Box H
Fishers Island
New York, 06390
Dear Mr. Doherty:
Elizabeth Field Airport, Fishers Island - Rehabilitate
Runways 12-30 and 7-25 - Sealing and Filling Cracks - Design
Only - Approval of Consultant Selection for 5 (five) Years
from 2/4/2009 to 2/4/2013 - AIP - 3-36-0029-16-09.
Reference is made to several letters received from you
concerning the subject consultant selection for 5 years.
Please be advised that we have reviewed the information
received and have no objection that the firm of C&S
Companies will be your consultant for all the engineering
services at you airport from 2/4/09 to 2/4/13 It is very
important to know that any time in the future you select C&S
Companies to do the engineering work for a specific project
at your airport, you must attach this letter to avoid any
delays in our process of approval. Furthermore, if you
decide not to select C&S for a particular project you could
select any other consulting firm, provided you make that
selection in accordance with our AC.
Regarding the subject project you must submit an executed
engineering agreement refle fees previously
approved by this office vi ur letter of 12/09.
If you have any question , please call at 51 -227-3812.
Sincerely,
Dan Vornea,P.E.
Airport Engineer
p-I
2
NYADO: D. Vornea
File Fishers Island- Sect. 4 16-09(FIG1609-1)
Fishers Island - General w/attm
cc M. Petranchuk, C. Brubach, K. Walters C&S
NYSDOT.
0. Suriani NYADO
H:WEA60NDODATATIshers 1s%FfGi669-1.dw h
Fishers Is1anJ Ferry District
P.O. Box II
FISHERS ISLAND.rrNEW YORK 06390
wwwjlrerru.com
THOMAS F. DOlll]IIP ROARDOFCOMMISSIONERS
M...gv R.V..ILd.P..Q1' OLI..
Uk.M.AL..
Uvh.a 631.788.7463 D*4CD..A..H
1. 631.788.5523 R.W R R.I. II
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February 4, 2009
Mr. Steven M Urlass
Federal Aviation Administration
NY Airports District Office, Suite 446
600 Old Colony Road
Garden City, NY 11530
Re: Elizabeth Field Airport
Airport Consultant Selection
Dear Mr. Urlass,
The Town of Southold has selected the firm of C &S Engineers, Inc. to provide professional services for
a period of 5 years assuming continued satisfactory performance.
To the best of our knowledge, the qualifications based selection procedure used in selecting C&S
Engineers, Inc. complies with the intent of Advisory Circular 15015100-14D. The firm was chosen
after careful consideration of its qualifications and those of another professional firm. C:&S Engineers,
Inc. has demonstrated by past performance, its capability to successfully complete a wide variety of
airport development projects including planning, design, construction inspection and other related
services. The firm posses the necessary professional staff, technical resources, financial capability,
experience and understanding of the work anticipated to complete it within the time allocated.
e a enclos the Spon rs Certification for Selection of Consultants for your files.
Sincere~CC~ ;
Thomas F. Doherty
Manager
Elizabeth Field Airport
Town of Southold
SCHEDULE E
(RESOLUTION TO BE INSERTED)
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SCHEDULE G
CERTIFICATION OF CONSULTANT
I hereby certify that I am the Manager of the Airport Services Group and a duly authorized representative of the
firm of C&S Engineers, Inc., whose address is 499 Col. Eileen Collins Blvd., Syracuse, NY, and that neither I
nor the above firm I here represent has:
A. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above
CONSULTANT) to solicit or secure this Contract.
B. agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services
of any firm or person in connection with carrying out the Contract, or
C. paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working
solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind
for, or in connection with, procuring or carrying out the Contract except as here expressly stated (if
any):
I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United
States Department of Transportation, in connection with this Contract, involving participation of Airport
Improvement Program (AIP) funds, and is subject to applicable state and Federal laws, both criminal and civil.
Date Anthony Basile
anager, Airport Services Group
END OF SCHEDULE
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SCHEDULE H
AIRPORT AID PROGRAM
Contractor Contractual Requirements
Civil Rights Act of 1964, Title VI - 49 CFR Part 21
During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to m
the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the regulation relative to nondiscrimination in federally
assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as
they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference
and made a part of this contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate
on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of material
and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section
21.5 of the Regulations, including employment practices when the contract covers a programs set forth in Appendix B of the
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 equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor shall provide all information and reports required by the regulation or
directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain comoliance
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 set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of
this contract, the sponsor shall impose such contract sanction as it or the FAA may determine to be appropriate, including but not
limited to
(a) withholding of payments to the contractor under the contractor under the contract until the contractor complies,
and/or
(b) cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract,
including procurements of materials and leases of equipment, unless exempt by the regulations or directivities issued pursuant
thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor of the FAA may direct
as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor
becomes involved in or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor
may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may
request the United States to enter into such litigation to protect the interest of the United States.
Disadvantaged Business Enterprise (DBE) Assurances
49 CFR Part 26
1. Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises, as defined in
49 CFR Part 26, shall have the maximum opportunity to participate in the performance of contracts and subcontracts finances in
whole or in part with Federal funds under this agreement.
2. DBE Obligation. The contractor agrees to ensure that disadvantaged business enterprises, as defined in 49 CFR Part 26
have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with
Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for
and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of DOT assisted contracts.
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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 it will comply with pertinent statutes, executive orders and such rules as are promulgated to assure that
no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any
activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its
transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to
provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these
cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the
property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another
purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee
retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid
solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil
Rights Act of 1964.
Access to Records and Reports
49 CFR Part 18.36(1)
The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal
Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to
any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of
making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required
under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
Rights to Inventions
49 CFR Part 18.36(i)(8)
All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of
the Federal grant under which this contract is executed.
Lobbying and Influencing Federal Employees
49 CFR Part 20, Appendix A
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of contractor, to any person for influencing or
attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The contractor shall require that the language of this certification be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31,
U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Trade Restriction Clause
49 CFR Part 30
The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it:
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a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate
against U. S. firms published by the Office of the United States Trade Representative (USTR);
b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a
foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a
foreign country on said list;
C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a
foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract
shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or
subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation
Administration may direct through the Sponsor cancellation of the contract at no cost to the Government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for
certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of
a prospective subcontractor unless it has knowledge that the certification is erroneous.
The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a
subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor
agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed
circumstances.
This certification is a material representation of fact upon which reliance was placed when making the award. If it is later
determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration
may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good
faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false,
fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.
Termination of Contract
49 CFR Part 18.36(i)(2)
a. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, 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 as may have been accumulated in
performing this contract, whether completed or in progress, delivered to the Sponsor.
b. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made,
but no amount shall be allowed for anticipated profit on unperformed 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 contract or otherwise. In such case, the contractor shall be liable to the Sponsor
for any additional cost occasioned to the Sponsor thereby.
d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so
failed, the termination shall be 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 and remedies of the sponsor provided in this clause are in addition to any other rights and remedies
provided by law or under this contract.
Breach of Contract Terms
49 CFR Part 18.36
Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the
suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this
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agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available there under
shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by
law.
Davis - Bacon Act Provisions
1. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less
often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amounts
due at time of payment computed at wage rates not less than those contained in the wage determination decision(s) of
the Secretary of Labor which is (are) attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination
decision(s) shall be posted by the contractor at the site of the work in a prominent place where it (they) can be easily
seen by the workers. For the purpose of this paragraph, contributions made or costs reasonably anticipated under
Section 1(b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of Subparagraph 4 below. Also for the purpose of this paragraph, regular
contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the
particular weekly period, are deemed to be constructively made or incurred during such weekly period [29 CFR
5.5(a)(1)(i)].
2. Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination(s)
and which is to be employed under the contract, shall be classified or reclassified conformably to the wage
determination(s), and a report of the action taken shall be sent by the SPONSOR to the FAA for approval and
transmittal to the Secretary of Labor. In the event that the interested parties cannot agree on the proper classification or
reclassification of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the
question accompanied by the recommendation of the FAA shall be referred to the Secretary of Labor for final
determination [29 CFR 5.5(a)(1)(ii)].
3. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a
fringe benefit, an hourly cash equivalent thereof shall be established. In the event the interested parties cannot agree
upon a cash equivalent of the fringe benefit, the question accompanied by the recommendation of the FAA shall be
referred to the Secretary of Labor for determination [29 CFR 5.5(a) (1)(iii)].
4. If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a
type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract.
Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable
standards of the Davis-Bacon Act have been met The Secretary of Labor may require the Contractor to set aside in a
separate account assets for the meeting of obligations under the plan or program.
Special Grant Condition
Office of Management and Budget issued Memorandum M-08-03 implementing Section 106(g) of the Trafficking Victims
Protection Act of 2000, as amended (TVPA) (22 U. S. C. 7104(g)).
TRAFFICKING IN PERSONS:
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not-
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. It further agrees by submitting this
proposal that it will include this clause without modification in all lower tier transactions, solicitations,
proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is
unable to certify to this statement, it shall attach an explanation to this solicitation/proposal,
END OF SCHEDULE
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SCHEDULEI
NEW YORK STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS
A. Standard Clauses For All New York State Contracts (Appendix A).
The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or
"this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word
"Contractor" herein refers to any party other than the State, whether a contractor, licensor, licensee, lessor, lessee, or any
other party):
I. Executory Clause. In accordance with Section 41 of the State Finance Law, the State shall have no liability under
this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.
2. Non-Assignment Clause. In accordance with Section 138 of the State Finance Law, this contract may not be
assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet, or
otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the
contract without the State's written consent are null and void. The Contractor may, however, assign its right to
receive payment without the State's prior written consent unless this contract concerns Certificates of
Participation pursuant to Article 5-A of the State Finance Law.
3. Comptroller's Approval. In accordance with Section 112 of the State Finance Law (or, if this contract is with the
State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this
contract exceeds $5,000 ($20,000 for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for
any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State
agrees to give something other than money, it shall not be valid, effective, or binding upon the State until it has
been approved by the State Comptroller and filed in his office.
4. Worker's Compensation Benefits. In accordance with Section 142 of the State Finance Law, this contract shall
be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of
this contract for the benefit of such employees as are required to be covered by the provisions of the Workers'
Compensation Law.
5. Non-Discrimination Requirements. In accordance with Article 15 of the Executive Law (also known as the
Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions,
the Contractor will not discriminate against any employee or applicant for employment because of race, creed,
color, sex, national origin, age, disability, or marital status. Furthermore, in accordance with Section 220-e of the
Labor Law, if this is a contract for the construction, alteration, or repair ofanypublic building orpublic work or
for the manufacture, sale, or distribution of materials, equipment, or supplies, and to the extent that this contract
shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by
reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York
State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any
employee hired for the performance of work under this contract. If this is a building service contract as defined in
Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor
its subcontractors shall, by reason of race, creed, color, national origin, age, sex, or disability: (a) discriminate in
hiring against any New York State citizen who is qualified and available to perform the work: or (b) discriminate
against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to
fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible
termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.
6. Wage and Hours Provisions. If this is a public work contract covered by Article 8 of the labor Law or a building
service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its
subcontractors maybe required or permitted to work more than the number of hours or days stated in said statues,
except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules
issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the
prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime
pay, as determined by the State Labor Department in accordance with the Labor Law.
7. Non-Collusive Bidding Requirement. In accordance with Section 139-d of the State Finance Law, if this contract
was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was
arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that,
at the time contractor submitted its bid, an authorized and responsible person executed and delivered to the State
a non-collusive bidding certification on Contractor's behalf.
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8. International Boycott Prohibition. In accordance with Section 220-f of the Labor Law and Section 139-h of the
State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract,
that neither the Contractor nor any substantially owned or affiliated person, firm, partnership, or corporation has
participated, is participating, or shall participate in an international boycott in violation of the federal Export
Administration Act of 1979 (50 USC App. Sections 240,1 et seq.) or regulations thereunder. If such Contractor,
or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or
regulations upon the final determination of the United States Commerce Department or any other appropriate
agency of the United States subsequent to the contract's execution, such contract, amendment, or modification
thereto shall be rendered forfeit and void. The contractor shall so notify the State Comptroller within five (5)
business days of such conviction, determination, or disposition of appeal (2 NYCRR 105.4).
9. Set-Off Rights. The State shall have all of its common law and statutory rights of set-off. These rights shall
include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the
Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any
other contract with any State department or agency, including any contract for a term commencing prior to the
term of this contract, plus any amounts due and owing to the State for any other reason including, without
limitation, tax delinquencies, fee delinquencies, or monetary penalties relative thereto. The State shall exercise its
set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the
finalization of such audit by the State agency, its representatives, or the State Comptroller.
10. Records. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts
and other evidence directly pertinent to performance under this contract (hereinafter, collectively "the Records").
The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional
years thereafter. The State Comptroller, the Attorney General, and any other person or entity authorized to
conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the
Records during normal business hours at an office of the Contractor within the State of New York or, if no such
office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for
the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public
disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the
"Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said
records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said
records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way
adversely affect, the State's right to discovery in any pending or future litigation.
11. Identifying Information and Privacy Notification:
(a) Federal Employer Identification Number and/or Federal Social Security Number. All invoices or New
York State standard vouchers submitted for payment for the sale of goods or services or the lease of
real or personal property to a New York State agency must include the payee's identification number,
(i.e., the seller's or lessor's identification number). The number is either the payee's Federal employee
identification number or Federal social security number, or both such numbers when the payee has
both such numbers. Failure to include this number or numbers may delay payment. Where the payee
does not have such number or numbers, the payee, on his invoice or New York State standard voucher,
must give the reason or reasons why the payee does not have such number or numbers.
(b) Privacy Notification.
(1) The authority to request the above personal information from a seller of goods or services or a
lessor of real or personal property, and the authority to maintain such information, is found in Section 5
of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory.
The principal purpose for which the information is collected is to enable the State to identify
individuals, businesses, and others who have been delinquent in filing tax returns or may have
understated their tax liabilities and to generally identify persons affected by the taxes administered by
the Commissioner of Taxation and Finance. The information will be used for tax administration
purposes and for any other purpose authorized by law.
(2) The personal information is requested by the purchasing unit of the agency contracting to purchase
the goods or services or lease the real or personal property covered by this contract or lease. The
information is maintained in New York State's Central Accounting System by the Director of State
Accounts, Office of the State Comptroller, AESOB, Albany, New York 12236.
12. Equal Employment Opportunities For Minorities And Women. In accordance with Section 312 of the Executive
Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in
excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for
labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or
rendered or furnished to, the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a
1-2
F:\PROJECT\211 - TOWN OF SOOTHOLD\211016001 - EA FOR 5YR CIP PROMCTS\AGREEMENTS\PRIME\DESIGNLPFF. DOC
MARTIN D. FINNEGAN SCOTT A. RUSSELL
TOWN ATTORNEY Supervisor
martin.finnegan@town.southold.ny.us pF suuryo
JENNIFER ANDALORO Town Hall Annex, 54375 Route 25
ASSISTANT TOWN ATTORNEY 41 P.O. Box 1179
jennifer.andaloro@town.southold.ny.us 4 Southold, New York 11971-0959
LORI M. HULSE Telephone (631) 765-1939
ASSISTANT TOWN ATTORNEY ~tCOU Facsimile (631) 765-6639
lori.hulse@town.southold.ny.us '
OFFICE OF THE TOWN ATTORNEY RECEIVED
TOWN OF SOUTHOLD
March 13, 2014 MAR 1 2314
VIA EMAIL and FIRST CLASS MAIL Southold Town Clerk
Federal Aviation Administration
Eastern Region, New York Airports District Office, AEA-NYC-ADO
1 Aviation Plaza, Room 111
Jamaica, NY 11434
Attention: Mr. Paul Whealan, Civil Engineer
RE: Fishers Island Ferry District
Grant #3-36-0029-19-12 (Annual Report)
Fishers Island Elizabeth Field Airport
Dear Mr. Whealan:
Pursuant to Tracey Marks' email dated March 7, 2014, 1 am enclosing Forms 425
and 271 in connection with the referenced matter, which have been executed by
Supervisor Russell.
If you have any questions regarding the enclosed, please do not hesitate to call
me.
Very truly yours,
Lynne Krauza
Secretary to the Town Attorney
/Ik
Enclosures
cc: Mr. Gordon Murphy, Assistant Manager, FIFD
Ms. Elizabeth A. Neville, Town Clerk
Mr. John Cushman, Comptroller
FEDERAL FINANCIAL REPORT
(Follow form instructions)
1. Federal Agency and Organizational Element to 2. Federal Grant or Other Identifying Number Assigned by Federal Agency (To
Which Report is Submitted report multiple grants, use FFR Attachment) Page of
Federal Aviation Administration Airports Division- AIP Grant # 3-36-0029.19-12 1 1
NYADO
pages
3. Recipient Organization (Name and complete address including Zip code)
Town of Southold Town Hall PO Box 1179 Southold, NY 11971
4a. DUNS Number 4b. EIN 5. Recipient Account Number or Identifying 6. Report Type 7. Basis of Accounting
197736387 11.6003307 Number (To report multiple grants, use FFR ?Quarterly ? Cash
Attachment) Semi-Annual Ao rual
3-36-0029.19-12 gAnnual
? Rnal
8. Projecl/Granl Period (Month, Day, Year) 9. Reporting Period End Date (Month, Day, Year)
From: 911912012 To: 911912016 913012013
10. Transactions - Cumulative
Use lines ac for single or combined multi rant reporting)
Federal Cash (To report multiple rants separately, also use FFR Attachmen :
a. Cash Receipts $0.00
b. Cash Disbursements $0.00
c. Cash on Hand line a minus b s0
Use lures d-o for sLVI& grant rein
Federal Expenditures and Unobli ated Balance:
d. Total Federal funds authorized $140,400.00
e. Federal share of expenditures $0.00
f. Federal share of unliquiclated obligations $0
. Total Federal share sum of lines a and $0.00
h. Unobli ated balance of Federal funds line d minus $140,400.00
Recipient Share:
1. Total recipient share required s7 800.00
Recipient share of expenditures 50.00
k. Remaining recipient share to be provided line t minus' 1$7,800.00
Program Income:
1. Total Federal share of program income earned
m. Program income expended in accordance with the deduction alternative
n. Program income expended in accordance with the addition alternative
o. Un nded program Income line I minus line m or line n
11. a. Type b. Rate c. Period Period To d. Base e. Amount Charged f. Federal Share
Indirect From
Expense
. Totals: 0 0 0
12. Remarks., Attach any explanations deemed necessary or information required by Federal sponsoring agency in compliance with governing legislation:
13. Certification: By signing this report, I certify to the best of my knowledge and belief that the report Is true, complete, and accurate, and the
expenditures, disbursements and cash receipts are for the purposes and Intent set forth in the award documents. I am aware that any false,
fictitious, or fraudulent information may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 16, Section 1001)
a. Typed or Printed Name and Title of Authorized Certifying Official c. Telephone (Area code, number, and extension)
(631) 765-1889
Scott A. Russell wnn~Supervisor
b. Signature of Authorized Certifying Official (sign here) e. Date Report Submitted (Month, Day, Year)
_ -I V-
1 Form 425 - Revised 10/11/2011
OMB Approval Number: 0348-0061
Expiration Date: 2/28/2015
Paperwork Burden Statement
According to the Paperwork Reduction Act, as amended. no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The
valid OMB control number for this information collection is 0348-0061. Public reporting burden for this collection of information is estimated to average 1.5 hours per response,
including time for reviewing instructions, searching existing date sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management
and Budget, Paperwork Reduction Project (0348-0061), Washington, DC 20503.
OLMA Y RM)ORY h (/fir po
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