HomeMy WebLinkAboutElizabeth Field - Remove Obstruction in RunwaydlanpWafionPR 1993 81 t 3 A � � 305
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Mr. Scott L. Harris now
Superintendent, Town of Southold 3
Town Hall OR
53095 Main Road
P.O. Box 1179 1W*eW Tow,
Southold, New York 11971
Dear Mr. Harris:
Elizabeth Field Airport, Fishers Island, NY
Airport Property Map
AIP 3-36-0029-03-90
Reference is made to the above subject Airport Property Map
received with a letter from your consultant, C&S Engineers,
Inc. dated April 12, 1993.
Please be advised that we reviewed this airport property map
and we have no further comments to offer. In the event that
this map meets your acceptance, it shall also be considered
acceptable by us.
If you have any questions, please call Dan Vornea at 516-
295-9343.
Sincerely,
GAL X
Philip Brito
.Manager
r At
f nm0sOB
STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATI
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE, N.Y. 11788
JAMES A. KLIZLOSKI
REGIONAL DIRECTOR
February 11, 1992
Honorable Scott L. Harris
Supervisor, Town of Southold
Town Hall, Main Road
Southold, NY 11971
Dear Mr. Harris:
FE8 ! 41992
FRANKLIN E. WHITE
COMMISSIONER
Executed Aviation Grant Agreement
NYS DOT PIN 091303
Elizabeth Field
Remove Obstruction in Approaches
to RW 12-30 & 7-25
The subject project has been approved for State funding. Enclosed is a copy of
the fully executed Grant Agreement for your files.
Very truly yours,
JOHN A. FALOTICO
Planning & Program Manager
Enc.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
AVIATION TRANSPORTATION
INFRASTRUCTURE RENEWAL PROJECT GRANT AGREEMENT (CAPITAL)
Project No.
0913.03
Contract No. k 5 bQc )]
This Agreement made this 1st day of October , 1989 by and between the people of
the State of New York, (hereinafter referred to as the "State") acting by and through its Commissioner of
Transportation (hereinafter referred to as the "Commissioner"), whose office is in the Administration and
Engineering Building, 1220 Washington Avenue, Governor Harriman State Campus, City and County of Albany,
New York, and the Town of Southold
with offices at Southold, NY
(hereinafter referred to as the "Grantee")
WHEREAS, Section 14-h of the Transportation Law, and Article 17 of the Transportation Law known
as the Implementation of the Rebuild New York Through Transportation Infrastructure Renewal Bond Act
of 1983, authorizes the Commissioner to provide for the accomplishment of Municipal Transportation Infrastruc-
ture Renewal Project pursuant to an agreement with a Grantee and
WHEREAS, the Grantee has made application to the Commissioner for State aid for the accomplishment
of a Transportation Infrastructure Project, (hereinafter referred to as the "Project"), which Project is described
in Article 3 below, and
WHEREAS, the Grantee has applied for and secured available Federal Assistance for the Project, with the
approval of the Commissioner, and
.WHEREAS, the Project has been approved by the Commissioner and found to be consistent with sound
transportation development policy and planning concepts and eligible for State participation, and
Now, therefore, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree
as follows:
Article 1. Purpose of Agreement — The purpose of this Agreement is to provide for the undertaking of
an Airport Transportation Infrastructure Renewal Project (herein called the "Project"), with State financial
assistance to the Grantee in the form of a capital grant (herein called the "Grant") pursuant to the Rebuild
New York Through Transportation Infrastructure Bond Act of 1983 and to state the terms and conditions upon
which such assistance will be provided and the mutual understandings and agreements of the parties as to the
manner in which the Project will be undertaken and completed and the Project facilities and equipment will
be used.
Article 2. Documents Forming the Agreement — The agreement shall consist of this document and the
following attachments which are hereby made a part of this Agreement as if set forth fully herein: Addendum
No. 1, Schedule I, and Appendix A.
Article 3. The Project — The Grantee agrees to undertake and complete the Project and to provide for
the use of Project facilities, substantially as described in its application heretofore filed with and approved
by the Commissioner, a copy of which is hereby made part of this Agreement by reference, and in accordance
with the Request for Aid, made to the Federal Aviation Administrafion, a copy of which is hereby made part
of this Agreement by reference, and in accordance with the terms and conditions of this Agreement. The
Project is described as follows.
(1) Remove obstructions in the approaches to RW 12-30 & 7-25 and improve
Safety Areas' (2) Prepare Airport Property Map, for the Elizabeth Field/Southold
Airport.
This work is more particularly described and detailed in the plans, specifications and schedules approved or
to be approved by the Commissioner.
w4 -1c (1/89)
Article 4. The Grant — The Commissioner hereby determines that the estimated reasonable cost of this •
Project is $ 287,852. Subject to the Grantee compliance with the terms and conditions of this Agreement,
the Commissioner agrees to pay the Grantee, as hereinafter provided, not more than $ 21,589 or 75076
of the non -Federal share of the project cost whichever is less. The Grantee agrees to apply for additional Federal
assistance which may become available for the Project, subject to such conditions as the Commissioner may
require in order to maximize the amounts of Federal assistance received or to be received for all projects in
the State of New York. In the event that Federal assistance which was not included in the foregoing calculation
of the State payment becomes available to the Grantee, the amount of State payment shall be recalculated with
the inclusion of such additional Federal assistance and the Grantee shall either (a) pay to the State the amount
by which the State payment actually made exceeds the State payment determined by the recalculation or (b)
if such additional Federal assistance has not been received by the Grantee, authorize the State to receive such
amount from the Federal government and to retain an appropriate amount thereof. The Grantee shall provide
for the payment of the remainder of the actual total cost of the Project.
Article 5. Commencement 'of Work and Use and Sale of Project Facilities — The Grantee agrees to
undertake and proceed with the project within 6 months of the date of this agreement and to complete the
project in accordance with the schedules and specifications as approved by the Commissioner, and in accor-
dance with the completion date prescribed by the Legislature.
On completion of the Project, the Grantee shall commence and continue operation and maintenance
of the Project at its own cost and shall not discontinue operation, or dispose of the Project, without the
approval of the Commissioner, for the period of time corresponding to the period of useful life for the project
as determined by reference to Section 61 of the State Finance Law.
No part of any Project or Project facility shall be sold, rendered unusable, or otherwise relinquished without
obtaining prior written approval of the Commissioner and State Comptroller. If any Project parts or facilities
are so sold, other than for their replacement in such service with like facilities or equipment, the State share
of the proceeds of such a sale will be returned to the State Comptroller for deposit in the General Fund.
The Grantee will operate the airport as such for the use and benefit of the public. In furtherance of this
covenant (but without limiting its general applicability and effect), the Grantee specifically agrees that it will
keep the airport open to all types, kinds, and classes of aeronautical use without discrimination between such
types, kinds, and classes: Provided, that the Grantee may establish such fair, equal and not unjustly discriminatory
conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of
the airport; and provided further that the Grantee may prohibit or limit any given type, kind, or class aeronautical
use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
The Grantee will not grant or permit any exclusive right for the use of the airport, and will otherwise
comply with all applicable laws. In furtherance of this covenant (but without limiting its general applicability
and effect), the Grantee specifically agrees that, unless authorized by the Commissioner, it will not, either directly
or indirectly, grant or permit any person, firm, or corporation the exclusive right for the conduct of any
aeronautical activities on the airport, including but not limited to, charter flights, pilot training, aircraft rental
and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with
other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities
which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity.
The Grantee agrees that it will operate the airport for the use and benefit of the public, on fair and reasonable
terms, and without unjust discrimination. In furtherance of this covenant (but without limiting its general
applicability and effect, the Grantee specifically covenants and agrees:
a. That in its operation and the operation of all facilities on the airport, neither it not any person or
organization occupying space or facilities thereon will discriminate against any person or class of persons by
reason of race, creed, sex, color, or national origin in the use of any facilities provided for the public on the airport.
b. That in any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to render to the public any service (including the
furnishing or sale of any aeronautical parts, materials, or supplies) essential to the operation of aircraft at the
airport, the Grantee will insert and enforce provisions requiring the contractor:
(1) to furnish said service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and
(2) To charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided
that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or
other similar types of price reductions to volume purchasers.
c. That it will not exercise or grant any right or privilege which would operate to prevent any person,
firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with
its own employees (including, but not limited to maintenance and repair) that it may choose to perform.
DV4-2c (1/89)
d. In the event the Grantee itself exercises any of the rights and privileges referred to in subsection b,
the services involved will be provided on the same conditions -as would apply to the furnishing of such services
by contractors or concessionaries of the Grantee under the provisions of such subsection b.
Nothing contained herein shall be construed to prohibit the granting or exercise of any exclusive right for
the furnishing of nonaviation products and supplies or any service of a nonaeronautical nature or to obligate
the Grantee to furnish any particular nonaeronautical service at the Airport.
The Grantee will operate and maintain in a safe and serviceable condition the airport and all facilities thereon
and connected therewith which are necessary to service the aeronautical users of the airport other than facilities
owned or controlled by the United States, and will not permit any activity thereon which would interfere with
its use for airport purposes. Provided, that nothing contained herein shall be construed to require that the
airport be operated for aeronautical uses during temporary periods when snow, flood, or other climatic
conditions which would interfere with such operation and maintenance, and provided further, that nothing
herein shall be construed as requiring the maintenance, repair, restoration or replacement of any structure or
facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance
beyond the control of the Grantee.
Insofar as it is within its power and reasonable possible, the Grantee will, either by the acquisition and
retention of the easements or other interests in or rights for the use of land or airspace or by the adoption
and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any
structure, tree, or other object in the approach areas of the runways of the Airport, which would constitute
an obstruction to air navigation according to the criteria or standards applicable according to the currently
approved airport layout plan. In addition, the Grantee will not erect or permit the erection of any permanent
structure or facility which would interfere materially with the use, operation, or future development of the
airport, in any portion of a runway approach area in which the Grantee has acquired, or may hereafter acquire,
property interests permitting it to so control the use made of the surface of the land.
All facilities of the airport developed with State aid and all those usable for the landing and taking off
of aircraft, will be available to State Aircraft at all times, without charge.
The Grantee shall submit to the Commissioner, at such time as he may require, such financial statements,
operating information and other data as may be deemed necessary by the Commissioner to assure compliance
with this Article and to prepare his annual report on the scope and results of the Project. The airport and all
airport records and documents affecting the airport, including deeds, leases, operation and use agreements,
and other instruments, will be made available for inspection by any duly authorized representative of the
Commissioner upon reasonable request. The Grantee will furnish to the Commission upon request, a true copy
of any such document.
The Grantee will not enter into any transaction which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation
to perform all such covenants is assumed by another public agency found by the Commissioner to be eligible
to assume such obligations and having the power, authority, and financial resources to carry out all such obliga-
tions. If an arrangement is made for management or operation of the airport by any agency or person other
than the Grantee or an employee of the Grantee, the Grantee will reserve sufficient rights and authority to
insure that the airport will be operated and maintained in accordance with these covenants.
The Grantee will keep up-to-date at all times an airport layout plan of the airport showing (1) the
boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas
owned or controlled by the Grantee for airport purposes, and proposed additions thereto; (2) the location and
nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons,
terminal buildings, hangars, and roads) including all proposed extensions and reductions of existing airport
facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements
thereon. Such airport layout plan, and each amendment, revision or modification thereof, shall be subject to
the approval of the Commissioner which approval shall be evidenced by the signature of a duly authorized
representative of the Commissioner on the face of the layout plan. The Grantee will not make or permit the
making of any changes or alterations in the airport or any of its facilities other than in conformity with the
airport layout plan as so approved by the Commissioner if such changes or alterations might affect the safety,
utility, or efficiency of the airport.
Insofar as is within its power and to the extent reasonable, the Grantee will take action to restrict the use
of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal
airport operations including landing and takeoff of aircraft.
Article 6. Accomplishments of the Project —
a. Pursuant to Federal, State and Local Law. In the event that any election, referendum, approval,
permit, notice, or other proceedings or authorization is requisite under applicable law to enable the Grantee
to enter into this Agreement or to undertake the Project hereunder, or to observe, assume, or carry out any
of the provisions of this Agreement, the Grantee will initiate and consummate, as provided by law, all actions
necessary with respect to any such matters so requisite.
DV4-3b (1/89)
b. Funds of the Grantee. The Grantee shall initiate and prosecute to completion all proceedings necessary
to enable the Grantee to provide it share of actual total cost of the Project, as provided in Article 4 of this`
Agreement, or on prior to the time that such funds are needed to meet Project cost.
c. Submission of Proceedings, Contract and Other Documents. The Grantee shall submit to the
Commissioner and the State Comptroller such data, reports, records, contract and other documents relating
to the Project as the Commissioner and the State Comptroller may require.
Article 7. The Project Budget. A Project budget shall be prepared and maintained by the Grantee. The
Grantee shall carry out the Project and shall incur obligations only in conformity with the latest approved
Project budget, and within the "Estimated Total Cost" of the Project.
Article 8. Accounting Records —
a. Establishment and Maintenance of Accounting Record. The Grantee shall establish and maintain
for the Project, in accordance with requirements established by the Commissioner and approved by the State
Comptroller, separate accounts within its existing accounting system or set up independently, to be known as
the project account. The Grantee shall segregate and group project costs so that it can furnish on due notice,
cost information in the following cost classifications:
(1) Purchase price or value of land
(2) Incidental costs of land acquisition
(3) Costs of contract construction
(4) Costs of force account construction
(5) Engineering costs of plans and designs
(6) Engineering costs of supervision and inspection
(7) Other administrative costs
b. Funds Received or Made Available for the Project. The Grantee shall record in the project account,
as.they are received all grant payments received from the Federal Government on account of the Project. The
Grantee shall record in the project account.such funds as it may allocate for payment of its share of the actual
cost of the project. The Grantee shall advise the Commissioner monthly in writing of the amounts recorded
in the project account or at such times as the Commissioner may prescribe. The- Commissioner or the State
Comptroller may audit the project account at such time as the Commissioner or the State Comptroller may
require.
c. Costs Incurred for the Project. The Grantee shall charge to the project account all eligible costs
of the project. Costs in excess of the latest approved budget or attributable to actions which have not received
the required approval of the Commissioner and the Legislature shall not be considered eligible costs. In specific
cases where it is impractical to determine precise costs of certain indirect or service functions, eligible costs
will include such allowances for these costs as may be approved by the Commissioner and the Comptroller.
Such approval will be based upon an audit determination that the amounts reimbursed will not exceed actual
cost. Project costs consist of any costs involved in accomplishing a project including those of:
(1) Making field surveys;
(2) Preparing plans and specifications;
(3) Accomplishing or procuring the accomplishing of the work;
(4) Supervising and inspecting construction work;
(5) Acquiring land or an interest therein, or any easement through or other interest in airspace; and
(6) Administrative and other incidental costs incurred specifically in connection with accomplishing a
project, and that would not have otherwise been incurred. -
The costs described in this section, including the value of land, labor, materials and equipment donated or
loaned to the Grantee and appropriated to the project by the Grantee, are eligible for consideration as to their
allowability, except for:
(1) That part of the cost of acquiring an existing private airport that represents the cost of acquiring passenger
automobile parking facilities and buildings to be used as hangars;
(2) The cost of materials and supplies owned by the Grantee or furnished from a source of supply owned
by the Grantee if:
(i) Those materials and supplies were used for airport development before the grant agreement was
executed; or
DV4-4b (1/89)
(ii) Those cost is not supported by proper evidence of quantity and value:
(3) The cost of nonexpendable machinery, tools, or equipment owned by the Grantee and used under a
project by the Grantee's force account, except to the extent of the fair rental value of that machinery,
tools, or equipment for the period it is used on the project;
(4) The value of any land, including improvements, donated to the sponsor by another public agency; and
(5) Any costs incurred in connection with raising funds by the Grantee, including interest and premium
charges and administrative expenses involved in conducting bond elections and in the sale of bonds.
To be an allowable project cost, for the purposes of computing the amount of a grant, an item that is paid
or incurred must, in the opinion of the Commissioner -
(1) Have been necessary to accomplish airport development in conformity with the approved plans and
specifications for an approved project and with the terms of the grant agreement for the project;
(2) Be reasonable in amount;
(3) Have been incurred after the effective date of the Grant Agreement, except for those costs incurred
to apply for Federal funds; prepare project engineering reports, plans and specifications; to identify,
describe and determine value of land acquisition required for the project such as surveys, title searches
and abstracts, appraisals and legal fees and to acquire real property.
(4) Be supported by satisfactory evidence.
d. Documentation of Project Costs. All costs charged to the project account including any approved
services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records,
invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges, in accor-
dance with the rules and regulations of the Commissioner as approved by the State Comptroller.
e. Checks, Orders and Vouchers. Any check or order drawn by the Grantee with respect to any items
which is or will be chargeable against the project account will be drawn only in accordance with a properly
signed vouchers then on file in the office of the Grantee stating in proper detail the purpose for which such
check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents
pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent
feasible, kept separate and apart from all other such documents.
f. Reports. The Grantee shall prepare an interim report at the end of its fiscal year accounting for the
expenditures of the funds of the State, the Grantee, any Federal agency, and any other source with respect
to the project.
g. Retention of Records. The Grantee shall retain all required records for at least 3 years following
the receipt of final payment. In the event that any litigation claim, or audit is started before the expiration
of the three year retention period, the records shall be retained until all litigation, claims or audit findings
involving the records have been resolved but in no event less than three years.
Article 9. Requisitions and Payments
a. Interim progress payments shall be made upon request by the Grantee to the Commissioner under the
following conditions:
(1) Such requests for reimbursement of the State's share of authorized project costs shall be made on a
regular periodic basis, but no more frequently than once each month.
(2) Such request vouchers shall be in a summary form and the documents supporting such costs incurred
by the Grantee shall be maintained in a secure manner by the Grantee at its headquarters or at such
other place as shall be readily accessible to the Commissioner and the State Comptroller for purposes
of auditing project costs and expenditures. All such accounting records shall be retained by the Grantee
until six years after completion of the State Comptroller's final audit report which will be rendered
after the satisfactory completion of all physical work, the acquisition of real property and/or the fur-
nishing of goods or services. as provided by this agreement.
b. Subject to the other provisions hereof, requisitions for payments will be honored by the Commissioner
except that the State may elect by notice in writing to withhold any payment if:
DV4-5b (1/89)
(1) Misrepresentation. The Grantee shall have made any misrepresentation of a material nature in its
Application, or any supplement thereto or amendment thereof, or in or with respect to any document
or data furnished therewith or pursuant hereto;
(2) Litigation. There is then pending litigation with respect to the performance by the Grantee of any of
its duties or obligations which may jeopardize or adversely affect the Project, this Agreement, or
payments to the Project;
(3) Concurrence by State. The Grantee shall have taken any action pertaining to the Project which under
the established procedures requires the prior approval of the Commissioner or shall have made related
expenditures or incurred related obligations without the approval of the Commissioner;
(4) Conflict of Interests. There has been in connection with the Project any violation of the conflict of
interest rule, regulation, ordinance or statute applicable to the Grantee, its officers, members, or
employees, or
(5) Default. The Grantee shall be in default under any of the provisions of this Agreement.
c. Disallowed Costs. In determining the amount of a payment, the Commissioner shall exclude all project
costs incurred by the Grantee prior to the effective date of this agreement, except for those allowable costs
as defined in Article 8(c) of this agreement.
d. No interim payment will be made in an amount that would bring the aggregate amount of all partial
payments for the project to more than 95 percent of the estimated State's share of the total estimated cost
or the maximum obligation of the State as stated in Article 4, whichever amount is the lower. In determining
the amount of a partial grant payment, those project costs that the Commissioner considers to be of ques-
tionable allowability are deducted both from the amount of project costs incurred and from the amount of
the estimated total project cost.
e. Whenever certain development on a project is delayed or suspended for an appreciable period of time
for reasons beyond the Grantee's control and the allowability of the project costs of all development completed
has been determined on the basis of an audit and review of all costs, a semi-final grant payment may be made
in an amount large enough to bring the aggregate amount of all partial grant payments for the project to the
State's share of all allowable project costs incurred, even if the amount is more than 95 percent limitation.
However, it may not be more than the maximum obligation of the State as stated in Article 4.
f. Whenever the project is completed in accordance with the grant agreement, the Grantee may apply
for final payment. The final payment is made to the Grantee if:
(1) A final inspection of all work has been made jointly by the representatives of the Grantee and the
contractor and the Commissioner unless the Commissioner agrees to a different procedure for final
inspection.
(2) A final audit of the project account has been completed by the Commissioner or the State Comptroller.
(3) The Grantee has furnished final "as constructed" plans, unless otherwise agreed to by the Commissioner.
g. Based upon the final inspection, the final audit, the plans, and the documents and supporting informa-
tion, the Commissioner determines the total amount of the allowable project costs and the State Comptroller
pays the Grantee the State share, less the total amount of all prior payments.
h. In no event shall the making by the State of any payment pursuant to this agreement constitute or
be construed as a waiver by the State of any breach of covenant or any default which may then exist, on the
part of the Grantee and the making of any such payment by the State while any such breach or default shall
exist, it shall in nowise impair or prejudice any right or remedy available to the State in respect of such breach
or default.
Article 10. Termination or suspension of State's Obligations
a. Termination or Suspension Generally. If the Grantee abandons or, before completion, finally discon-
tinues the Project; or if, by reason of any of the events or conditions set forth in paragraphs (1) to (5),
inclusive, of Article 9 (b) hereof, or for any other reason, the commencement prosecution, or timely comple-
tion of the Project by the Grantee is rendered improbable, infeasible, impossible or illegal, the Commissioner
may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until such
time as the event or condition resulting in such suspension has ceased or been corrected, or the Commissioner
may terminate any or all or its obligations under this agreement.
DV4-6b (1/89)
b. Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination
notice under this Section, the Grantee shall proceed promptly to carry out the actions required therein which
may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be,
Project activities and contracts and such other action as may be required or desirable to keep to a minimum
the costs upon the basis of which the grant is to be computed; (2) furnish a statement of the status of the Pro-
ject activities and of the project account as well as a proposed schedule, plan and budget for terminating or
suspending the closing out Project activities and contracts, and other undertakings the costs of which are other-
wise includable as Project costs; and (3) provide to the Commissioner an estimate of the State's share of the
costs arising from the termination, suspension, or closing out of such activities, contracts, and other undertakings.
The closing out shall be carried out in conformity with the latest schedule, and budget approved by the
Commissioner upon the basis of terms and conditions imposed by the Commissioner upon the failure of the
Grantee to furnish the schedule, plan and budget within a reasonable time. The acceptance of a remittance
by the State of any or all Project funds previously received by the Grantee or the closing out of State financial
participation in the Project shall not constitute a waiver of any claim which the State may.otherwise have arising
out of this Agreement.
Article 11. Remission of Project Account Upon Completion of Project. Upon completion of the Project,
and after payment, provision for payment or reimbursement of all Project costs payable from the project
account is made, the Grantee shall remit to the State any unexpended balance of State funds previously paid to it.
Article 12. Audit and Inspection. The Grantee shall permit and shall require its contractors to permit the
Commissioner's and the State Comptroller's authorized representatives to inspect all work, materials, payrolls,
records of personnel, invoices of materials and other relevant construction, equipment, data and records; and
to audit the books, records and accounts of the Grantee pertaining to the Grant and the development of the
Project.
Article 13. Manner of Performing Work. The work constituting the Project may be performed by the
employment of the forces and the use of the equipment of the Grantee as authorized by the Commissioner,
or by contract let pursuant to bidding procedures, more particularly referred to in Addendum 1 hereof.
Article 14. (a) State Approval Required. Any contracts, supplemental contracts, or amendments
thereto executed by the Grantee for this project must receive the approval of the Commissioner and State
Comptroller before State reimbursement under this Agreement will be made. Such approvals do not change
the State's financial obligation as prescribed in Article 4 of this Agreement.
(b) Equal Employment Opportunity. All contracts for design, construction, services and
materials for the project of whatever nature and all documents soliciting bids or proposals therefore shall con-
tain the following provisions:
(1) The contractor will not discriminate against employees or applicants for employment because of race,
creed, color, national origin, sex, age, disability, or marital status and will undertake or continue
existing programs of affirmative action to ensure that minority group persons and women are afforded
equal opportunity without discrimination. Such programs shall include, but not be limited to, recruit-
ment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination,
rates of pay or other forms of compensation and selections for training or retraining including
apprenticeship and on-the-job training.
(2) At the request of the Department, the contractor shall request each employment agency, labor union,
or authorized representative of workers with which it has a collective bargaining or other agreement
or understanding and which is involved in the performance of the contract with the agency to furnish
a written statement that such employment agency, labor union or representative shall not discriminate
because of race, creed, color, national origin, sex, age, disability or marital status and that such union
or representative will cooperate in the implementation of the contractor's obligations hereunder.
(3) The contractor will state, in all solicitations or advertisements for employees placed by or on behalf
of the contractor in the performance of the contract with the agency, that all qualified applicants will
be afforded equal employment opportunity without discrimination because of race, creed, color,
national origin, sex, age, disability or marital status.
(4) The contractor will include the provisions of paragraphs 1 through 3 of this subdivision in every
subcontract or purchase order in such a manner that such provisions will be binding upon each subcon-
tractor or vendor as to its work in connection with the contract.
DV4-7b (1/89)
Article 15. Executory Clause. The Grantee agrees that this Agreement shall be deemed executory only to,
the extent of the monies available, and no liability shall be incurred by the State beyond the monies available
for the purpose.
Article 16. Participation by Minority and Women Owned Business Enterprises. It is the policy of the State
of New York to encourage meaningful participation by minority and women -owned business enterprises in the
performance of Transportation Infrastructure Renewal Projects. Because this is a Federal Assistance Project,
in accordance with Section 428 of the Transportation Law all Federal requirements relative to the participation
of disadvantaged, minority and/or women -owned business enterprises, including but not limited to 49 CFR
Part 23 shall apply to the Grant. A violation of any such Federal requirement shall be a violation of this
Agreement.
Article 17. New York State Content Program. All contracts financed under this Grant are subject to the
New York State Content Program authorized under Section 422(7) of the Transportation Law, when established.
Article 18. Indemnification. The Department shall in no way be liable for any costs, liability or damages
claimed by any person as the result of the Department's award of the Grant or any review or approval given
in connection therewith. The Grantee agrees to indemnify and hold harmless the Department and its officers,
agents and employees of and from any and all costs, liability, damage and expenses, including expenses for
legal services, claimed or recovered by any person by reason of injury to, or death of, any person or persons,
and damage to, destruction or loss of use of any and all property, arising from the award or administration
of the Grant.
Article 19. Maintaining the Project. The Grantee agrees to maintain the project at its own expense for
the period of time corresponding to the period of useful life of such project as determined by reference to
Section 61 of the State Finance Law in effect on the date of this Agreement.
DV4-8c (1/89)
IN WITNESS WHEREOF, this Agreement has been executed by the State acting by and through the
Commissioner, who has caused the seal of his office to be affixed hereto, and the Grantee by and through
a duly authorized officer has executed this Agreement effective the day and year first above written.
THE PEOPLE &Jft � ptVEW YORK
By REX GRATOOL
For: COMMISSIONER OF TRANSPORTATION
D E C 0 2 1991
STATE OF NEW YORK )
)
COUNTY OF Suffolk )
GRANTEE
t
5-c-5-1-1=5 -u —5arra
SuRervisor, Town of Southold
Title
DEC 20 1991
Approv 19
By
For the New York State
Comptroller Pursuant
To Section 112 State
Finance Law
On this 24th day September in the year One Thousand Nine Hundred Ninet"ne
before me personally came Scott Louis Harris , to me known, who being by me duly sworn
did depose and say that he/Aij resides at 37800 Main Road, Orient, New York ; that
he/§hZ( is the Supervisor, Town of- -Southold of the Grantee described in and which executed
the above instrument; that he/4k was authorized to execute the document on behalf of said Grantee pursuant
to a resolution which was duly adopted on September 24, 1991 and to which a
certified copy is attached and made a part hereof.
Agenty Ce ,iYcal; o1Contract No. �
contract, I also
- F r�� pago
will
be t� ;l;; contract."
ORIGtN4 SIGNED BY
REX GRATHWOL
DV4-9c (1/89)
NOTARY t/
JUDITH T. TERRY
Notary Public, State of New York
No. 52-0344963
Qualified in Suffolk County
Commission Expires May 31, t
ADDENDUM NO.. 1
TERMS AND CONDITIONS
1. The Grantee agrees to incorporate or cause to be incorporated into any contract for construction work,
or furnishing of nay materials, supplies, or equipment or professional consulting services of any kind in con-
nection with the Project, clauses under which the contractor:
(a) Agrees to procure and maintain insurance of the kinds and in the amounts hereinafter provided in
Schedule I hereof.
(b) Agrees that he will comply with the requirements of the State Labor Law -and particularly Sections
220 and 220-4 thereof as amended, and as set forth in Appendix A hereof.
(c) Agrees that during the performance of this contract the Contractor will not discriminate against any
employee or applicant for employment because of race, creed, sex, color or national origin and will comply
with the Non -Discrimination provisions set forth in Appendix A hereof.
(d) Agrees that he will cause all persons employed upon the work including his subcontractors, agents,
officers and employees, to comply with all applicable laws in the jurisdiction in which the work is performed.
(e) Agrees not to assign, transfer, convey, sublet or otherwise dispose of this agreement or any part thereof,
or of its right, title or interest therein or its power to execute such agreement to any person, company or cor-
poration without the previous consent in writing of the Grantee and the Commissioner of Transportation.
(f) Agrees that in accordance with its status as an independent contractor, it will conduct itself with such
status that it will neither hold itself out as nor claim to be an officer or employee of the State by reason hereof,
and that it will not by reason hereof, make any claim demand of application to or for any right or privilege
applicable to an officer or employee of the State, including, but not limited to, Workmen's Compensation
coverage, Unemployment Insurance Benefits, Social Security coverage or Retirement membership or Credit.
(g) Agrees that this agreement may be cancelled or terminated by the Grantee if any work under this
agreement is in conflict with _the provisions of Section 74 of the Public Officers Law.
(h) Agrees that any patentable result arising out of this Agreement, as well as all- information, designs,
specification, know-how, data, and findings, shall be made available without cost to the State or its licenses
for public use.
(i) Agrees that for construction work he will furnish a performance bond in an amount at least equal
to 100 percent of his contract price as security for the faithful performance of his contract and also a labor
and material bond in an amount equal to 100 percent of his contract price as security for the payment of all
persons performing labor on the Project under his contract and furnishing materials in connection with his
contract. The performance bond and the labor and material bond may be in one or in separate instruments
in accordance with law.
(j) Agrees that the Commissioner and the State Comptroller reserve the right to audit and inspect the
work of the contractor and any and all records thereof through representatives of the State, as well as through
officers and employees of the State, as they shall determine.
(k) Agrees that the State shall not be obligated or liable hereunder to any party other than the Grantee.
(1) Agrees that if any provision of this Agreement is held 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
the applicable law.
(m) Agrees that by execution of the Agreement the contractor represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this agreement.
(n) Agrees that all project documents requiring formal approval by a Federal Agency will be submitted
to the Commissioner for his prior approval and forwarding to the Federal Agency for its formal approval.
DV4-10b (1/89)
2. The Grantee agrees to give full opportunity for free, open and competitive bidding for each contract to
be let by it calling for construction or the furnishing of any materials, supplies, or equipment W be paid for
with Project Funds in accordance with the requirements of Section 103 of the General Municipal Law, the
State Finance Law and any other applicable State Laws, Regulations or any requirements or opinions of the
State Comptroller.
3. The Grantee agrees that contracts for professional or consulting services may be negotiated, but they must
be in writing and must state the maximum compensation or reimbursement to be paid. Negotiations must be
adequately documented to show consultants considered, proposals received, reasons for selecting the proposed
consultant, and the unit basis or other detailed explanation in support of the amount of compensation to be paid.
DV4-1Ib (1/89)
SCHEDULE 1
INSURANCE
CLAUSES TO BE INCLUDED IN GRANTEE CONTRACTS
The Grantee agrees to incorporate or cause to be incorporated into any contract in connection with the
Project, the following clauses:
The Contractor agrees to procure and maintain insurance of the kinds and in the amounts hereafter
provided in insurance companies authorized to do business in New York State, covering all operations under
the contract whether performed by it or sub -contractors. Before commencing the work the Contractor shall
furnish the Grantee a certificate or certificates in form satisfactory to the Grantee showing that it has complied
with this Schedule, which certificate or certificates shall not be changed or cancelled until thirty days written
notice has been given to the Grantee. The kinds and amounts of insurance required are as follows:
A. Policy or policies covering the obligations of the Contractor in accordance with the provisions of
any applicable Workmen's Compensation or Disability Benefits Law, including for the State of New
York, Chapter 41, Laws of 1914, as amended, known as the Workmen's 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 no effect unless the Contractor procures such
policy or policies and maintains the same in force during the term of his contract.
B. Protective Liability insurance issued to an covering the liability of the Grantee, the State, the
Commissioner and all employees or other representatives of each of them, both officially and
personally with respect to all operations under the contract including omissions and supervisory acts
of the Grantee, the State, the Commissioner and their employees or other representatives with the
following limits:
Construction
Bodily Injury Liability
Each Person Each Occurrence
- $1,000,000 $3,000,000
Property Damage Liability
Each Occurbnce Aggregatd
$1,000,000 $3,000,000
Consultant and Other Services
Bodily Injury Liability Property Damage Liability
Each'Person Each Occurence Each Occurence Aggregate
$100,000 $300,000 $100,000 $300,000
C. Liability insurance issued to and covering, the liability of the CONTRACTOR with respect to all work
performed by him under this Agreement.
D. Liability insurance issued to and covering the liability of each of the CONTRACTOR'S sub -contractors
with respect to all work performed by said sub -contractor under this Agreement.
E. Protective liability insurance issued to and covering the liability of the CONTRACTOR with respect
to all work under this Agreement performed for the CONTRACTOR by sub -contractor.
F. Protective liability insurance issued to and covering the liability of the Grantee and all employees
of the Grantee, both officially and personally, with respect to all operations under this agreement
by the CONTRACTOR or by his sub -contractor, including omissions and supervisory acts of the
Grantee and its employees.
NOTE. If work is to be performed by forces of the Grantee, the Grantee will provide or cause to be provided
the insurance coverage provided in Paragraph B above.
DV4-12b (1/89)
CONR 335-1f (9/89)
APPENDIX A
STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS
The parties to the attached contract, license, lease, amendment or other agreement of any kind
(hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby
made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether
a contractor, licensor, licensee, lessor, lessee or any other party):
1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have
no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available
for this contract.
2. NON -ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this
contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred,
conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any
attempts to assign the contract without the State's written consent are null and void. The Contractor may,
however, assign its right to receive payment without the State's prior written consent unless this contract
concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.
3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if
this contract is with the State University or City University of New York, Section 355 or Section 6218 of
the Education Law), if this contract exceeds $5,000 ($20,000 for certain S.U.NY. 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. WORKERS' 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 satutory and constitutional non-
discrimination provisions, the Contractor will not discriminate against any employee or applicant for employ-
ment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in
accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or
repair of any public building or public work or for the manufacture, sale or distribution of materials, equip-
ment 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 perfor-
mance 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 subcon-
tractors shall, by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in
hiring against any New York State citizen who is qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired for the performance of work under this contract.
Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section
239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a
second or subsequent violation.
6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor
Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the
employees of its subcontractors may be required or permitted to work more than the number of hours or
days stated in said statues, except as otherwise provided in the Labor Law and as set forth in prevailing
wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its
subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements,
including the premium rates for overtime pay, as determined by the State Labor Department in accordance
with the Labor Law.
7. NON -COLLUSIVE BIDDING REQUIREMENT. In accordance with Section 139-d of the State Finance
Law. If this contract was awarded based upon the submission of bids, Contractor warrants, under penalty
of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition.
Contractor further warrants that at the time Contractor submitted its bid, an authorized and responsible
person executed and delivered to the State a non -collusive bidding certification on Contractor's behalf.
CONR 335-2f (9/89)
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
conditon 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 2401 et seq.) or regula-
tions 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, deter-
mination or disposition of appeal (2 NYCRR 105.4)
9. SETOFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of
set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes
of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the
State with regard to this contract, any other 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 prac-
tices 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 Con-
tractor 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 employer identification number or Federal social security number, or both such
numbers when the payee has both such numbers. Failure to include this number or numbers may
delay payment. Where the payee does not have such number or numbers, the payee, on 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 Direc-
tor of State Accounts, Office of the State Comptroller, AESOB, Albany, New York 12236.
V
CONR 335-3f (9/89)
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 combina-
tion 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 contracting agency is committed to expend or does
expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real
property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner
of a State assisted housing project is committed to expend or does expend funds for the acquisition,
construction, demolition, replacement, major repair or renovation of real property and improvements thereon
for such project, then:
(a) The contractor will not discriminate against employees or applicants for employment because
of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or
continue existing programs of affirmative action to ensure that minority group members and women
are afforded equal employment opportunities without discrimination. Affirmative action shall mean
recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or
termination and rates of pay or other forms of compensation;
(b) at the request of the contracting agency, the Contractor shall request each employment agency,
labor union, or authorized representative of workers with which it has a collective barganing or
other agreement or understanding, to furnish a written statement that such employment agency,
labor union or representative will not discriminate on the basis or race, creed, color, national origin,
sex, age, disability or marital status and that such union or representative will affirmatively cooperate
in the implementation of the contractor's obligations herein; and
(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the
performance of the State contract, all qualified applicants will be afforded equal employment
opportunities without discrimination because of race, creed, color, national origin, sex, age, disability
or marital status.
Contractor will include the provisions of "a", "b" and "c", above, in every subcontract over $25,000.00 for
the construction, demolition, replacement, major repair, renovation, planning or design of real property
and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor.
Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment
outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall
consider compliance by a contractor or subcontractor with the requirements of any federal law concerning
equal employment opportunity which effectuates the purpose of his section. The contracting agency shall
determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with
any such federal law and if such duplication or conflict exists, the contracting agency shall waive the
applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all
duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business
Development pertaining hereto.
13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any
and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this
Appendix A shall control.
14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except
where the Federal supremacy clause requires otherwise.
15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment
shall be governed by Article XI -A of the State Finance Law to the extent required by law.
16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof,
may not be submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard
in a court of competent jurisdiction of the State of New York.
17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice
Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it be registered or certified
mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of
process or upon the State's receipt of the return thereof by the United States Postal Service as refused
or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of
address to which service of process can be made. Service by the State to the last known address shall
be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which
to respond.
August 1989
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 26, 1991
John A. Falotico
Planning 8 Program Management Director
Department of Transportation
State of New York
Veterans Memorial Highway
Hauppauge, New York 11788
Re: Aviation Grant Agreement
PIN 091303 - Elizabeth Field Airport
Dear Mr. Falotico:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
In accordance with the instructions in your letter of September 11,
1991, transmitted herewith are six (6) executed Aviation Grant Agreements
with respect to the Removal of Obstructions in Approaches to RW 12-30 and
7-25, Elizabeth Field Airport, Fishers Island, improved safety areas, and
prepare airport property maps. I am also enclosing the completed SEQR
Agency Compliance Statements, and six (6) certified resolutions of the
Southold Town Board, adopted on September 24, 1991.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosures
cc: Accounting 8 Finance
R. P. Knauff, F. I . Ferry Dist.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 24, 1991:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Scott L. Harris to execute the SEQR Agency
Compliance Statement for the NYS Department of Transportation Elizabeth
Field Airport State Funding for the Airport Property Map, and to remove
obstructions in the approaches to RW 12-30 and 7-25 and improve safety
areas; and be it further
RESOLVED that Supervisor Harris be authorized to execute the New York
State Department of Transportation Aviation Transportation Infrastructure
Renewal Project Grant Agreements ( Project No. 0913.03) , (1) Remove
obstructions in the approaches to RW 12-30 and 7-25, and improve Safety
Areas; and (2) prepare Airport Property Map for Elizabeth Field/Southold
Airport, all in accordance with the approval of the Town Attorney.
J�h.y
Southold ; Town Clerk
September 25, 1991
\ti
FAX TRANSMITTAL
TO: LORRIN BIRD, NYSDOT
FROM: JUDITH TERRY, Southold Town Clerk
DATE: October 23, 1991
Number of Pages (including cover) :
3
Town Hall, 53095 Main Road
P.O. Box 1 179
Southold, New York 11971
FAX (516) 765-1823
TELEPHONE (516) 765-1801
If total transmittal is not received, please call (516)765-1801.
COMMENTS: Attached is submitted after consultation with Calocerinos & Spina.
/ A P
f
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OI VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
FAX TRANSMITTAL
TO: LORRIN BIRD, NYSDOT
FROM: JUDITH TERRY, Southold Town Clerk
DATE: October 23, 1991
Number of Pages (including cover) :
3
Town Hall, 53095 Main Road
P.O. Box 1 179
Southold, New York 11971
FAX (516) 765-1823
TELEPHONE (516) 765-1801
If total transmittal is not received, please call (516)765-1801.
COMMENTS: Attached is submitted after consultation with Calocerinos & Spina.
DV -21-R1 (11/85)
Agency Compliance Statement
State Environmental Ouality Review
In accordance with the rules, regulations and procedures adopted by
Town of Southold
(Name of Municipal Corporation)
(or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules,
regulations and procedures) pursuant to the intent of the State Environmental
Quality Review Act, the project described below is classified as a:
L] Type i Action - with possible significant effect (NEPA or SEQR DEIS, FEIS
and SEQR Record of Decision have been prepared).
[� Type I Action - with no significant effect (Environmental Assessment Form
or Environmental Assessment and Negative Declaration have
been prepared and filed).
L] Unlisted Action - with possible significant effect (NEPA or SEQR DEIS, FEIS
and SEQR Record of Decision have been prepared).
L] Unlisted Action - with no significant effect (Environmental Assessment Form
or Environmental Assessment and Negative Declaration have
.been prepared and filed).
[�J Type II Action
[l Ministerial Act
L] Exempt Act
(1) Remove obstructions in the approaches to RW 12-30 & 7-25 and
Improve Safety .Areas
Y Applicant Signature
Scott Louis Harris
Supervisor, Town of Southold
Title
September 24, 1991
Date
DV -21-R1 (11/85)
Agency Compliance Statement
State Environmental Quality Review
In accordance with the rules, regulations and procedures adopted by
Town of Southold
(Name of Municipal Corporation)
(or 6NYCRR Part 617 where the Municipal Corporation has not adopted such rules,
regulations and procedures) pursuant to the intent of the State Environmental
Quality Review Act, the project described below is classified as a:
«15-0"
L] Type I Action - with possible significant effect (NEPA or SEQR DEIS, FEIS
and SEAR Record of Decision have been prepared).
[J Type I Action - with no significant effect (Environmental Assessment Form
or Environmental Assessment and Negative Declaration have
been prepared and filed).
L] Unlisted Action - with possible significant effect (NEPA or SEQR DEIS, FEIS
and SEQR Record of Decision have been prepared).
L] Unlisted Action - with no significant effect (Environmental Assessment Form
or Environmental Assessnent and Negative Declaration have
been prepared and filed). -
[A Type II Action
[I Ministerial Act
L] Exempt Act
(2) Prepare Airport Property Map
plicant Signature
Scott Louis Harris
Supervisor, Town of Southold
Title
September 24, 1991
Date
STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATION
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE, N.Y. 11788
JAMES A. KUZLOSKI
REGIONAL DIRECTOR
September 11, 1991
Honorable Scott Lewis Harris
Supervisor
Southold Town Hall
P. 0. Box 1179
Southold, N.Y. 11971
Dear Mr. Harris:
V -P 18199[
FRANKLIN E. WHITE
COMMISSIONER
Aviation Grant Agreement
PIN 091303 - Elizabeth Field Airport
Removal of Obstructions in Approaches
to RW 12-30 & 7-25;
Improved Safety Areas;
Prepare Airport Property Maps
The subject project has been approved for State funding. Seven (7) copies of
the State Grant Agreement are being forwarded to you for further processing.
Please have these documents signed and notarized and return six (6) signed
Grants and six (6) Resolutions from your legislative body authorizing their
execution to this office.
One copy of a completed SEQR Agency Compliance Statement Form DV -21 should
also be completed and forwarded with the executed grant agreements.
Very truly yours,
�J
JOHN A. FALOTICO
Planning & Program Management Director
Enc.
cc: R. P. Knauff
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER