HomeMy WebLinkAboutElizabeth Airport, Fishers Island - Grant Applicaton - Apron & Taxiway StubCushman, John
From: fishers island office [fiferry@fishers island. net]
Sent: Friday, February 08, 2002 8:58 AM
To: Cushman, John
Subject: Re: Federal Grant Applications
John -
Please hold those grant applications until I research this thing further.
Yesterday I got a lump sum consutlant agreement in the amount of $106,000+
for engineering, etc. for the apron project. I have got to find out where
these $$ are supposed to be coming from before moving -fur -er. ; ecertainly- _-
do not have that kind of money available and I would just as soon drop the
whole thing if that kind of money has to be found.
More later...
Phil
----- Original Message -----
From: "Cushman, John" <John.Cushman@town.southold.ny.us>
To: "Robert P."Knauff (E-mail)" <fiferry@fishersisland.net>
Sent: Friday, February 08, 2002 8:04 AM
Subject: Federal Grant Applications
> I am still awaiting word on the grant applications you sent over. Has the
> Town Board authorized Josh to sign them? If they have, please advise me
> when; if not , please e-mail a resolution over for 2/12 meeting. Thanks
Cushman, John
From: Cushman, John
Sent: Tuesday, February 19, 2002 12:31 PM
To: Robert P. Knauff (E-mail)
Subject: C & S agreements
C & S sent over a lump sum agreement for Josh to sign plus copies of Final Application for Federal Assistance for
proposed Apron and Taxiway Stub.
Please send over a description of the project and a proposed resolution authorizing Josh to sign. Please direct this
information to the Town Board via this office. — - — - -- -
Thanks
LUMP SUM
CONSULTANT AGREEMENT
FOR
ENGINEERING SERVICES
FOR THE
APRON AND TAXIWAY STUB
AT
ELIZABETH FIELD AIRPORT
FISHERS ISLAND, NEW YORK
FAA AIP NO. 3-36-0029-09-02
NYSDOT NO. 0913.09
TABLE OF CONTENTS
ARTICLES
PAGE
1.
DESCRIPTION OF WORK TO BE DONE................................................................1
2.
PROVISION FOR PAYMENT...................................................................... .......1
3.
STANDARD PRACTICES AND REQUIREMENTS...................................................2
4.
DOCUMENTS FORMING THE CONTRACT...........................................................
2
5.
TAXES, ROYALTIES AND EXPENSES.................................................................2
6.
CONSULTANT LIABILITY.................................................................................2
7.
LABOR LAW REQUIREMENTS...........................................................................2
8.
NON-DISCRIMINATION PROVISIONS..................................................................4
9.
WORKER'S COMPENSATION AND LIABILITY INSURANCE...................................5
10.
ASSIGNMENT REQUIREMENTS.........................................................................6
11.
EXTRA SERVICES............................................................................................7
12.
ABANDONMENT, CHANGE OF PLAN AND TERMINATION...................................7
13.
SUSPENSION OF SERVICES...............................................................................8
14.
DEATH OR DISABILITY OF THE CONSULTANT ...................................................
8
15.
INTERCHANGE OF DATA.................................................................................8
16.
DISPOSITION OF PROJECT DOCUMENTS............................................................8
17.
DAMAGES AND DELAYS.........:........................................................................
9
18.
CODE OF ETHICS.............................................................................................9
19.
INDEPENDENT CONTRACTOR..........................................................................9
20.
PATENT RIGHTS AND COPYRIGHTS..................................................................9
21.
NEW YORK STATE PARTICIPATION...................................................................9
22.
FEDERAL PARTICIPATION..............................................................................
1
23.
MISCELLANEOUS..........................................................................................
1
24.
SUBCONTRACTORS/SUBCONSULTANTS..........................................................
11
SCHEDULE A - SCOPES OF WORK..................................................................... A-1, A-6
SCHEDULE B - COST SUMMARIES..................................................................... B-1, B-2
SCHEDULE C - ALLOWABLE OVERHEAD..................................................................0-1
SCHEDULE D - SPONSOR'S CERTIFICATION FOR SELECTION OF CONSULTANTS ..D-1, D-2
SCHEDULE E - RESOLUTION.................................................................................... E-1
SCHEDULE F - OUTLINE FOR ENGINEER'S REPORT.............................................F-1, F-4
SCHEDULE G - CERTIFICATION OF CONSULTANT.................................................... G-1
SCHEDULE H - AIRPORT AID PROGRAM............................................................H-1, H-5
SCHEDULE I - NEW YORK STATE DOT REQUIREMENTS ........................................ 1-1,1-5
SCHEDULEJ........................................................................................................... J-1
LUMP SUM CONSULTANT AGREEMENT
FOR
ENGINEERING SERVICES
PROJECT: Apron and Taxiway Stub
Elizabeth Field Airport
NYSDOT PROJECT NO.
This Agreement, made this day of ,200_, by and between the Town of Southold
(hereinafter referred to as the "SPONSOR"), and C&S Engineers, Inc., located at Syracuse Hancock
International Airport, Syracuse, NY 13212 (hereinafter referred to as the "CONSULTANT").
WITNESSETH: That the SPONSOR and the CONSULTANT, for the consideration hereinafter named,
agree as follows:
ARTICLE 1. DESCRIPTION OF WORK TO BE DONE.
The SPONSOR agrees to and hereby does retain and employ the personal service of the CONSULTANT
because of its ability and reputation, and the CONSULTANT agrees to perform such services of said
Project being particularly described in Schedules A and B attached hereto and made a part hereof.
• Schedule A-1 Apron and Taxiway - Environmental Form C
• Schedule A-2 Apron and Taxiway - Design Services
ARTICLE 2. PROVISION FOR PAYMENT.
The SPONSOR shall pay to the CONSULTANT, and the CONSULTANT agrees to accept as full
compensation for its services under this Agreement, lump sum fees covering salaries of employees assigned
to the Project, all indirect costs, all direct expenses and profit.
• Schedule B-1 Apron and Taxiway Stub, Environmental: $37,906
• Schedule B-2 Apron and Taxiway Stub, Design: $68,438
The maximum fee under this Agreement cannot be exceeded for any reason, unless additional services are
performed in accordance with the Extra Services Provision in Article 11 of this Agreement.
Partial payments of the lump sum fee shall be made monthly on account. Such monthly installments shall
be in amounts determined by the SPONSOR and shall be based on its review of a monthly progress report
submitted by the CONSULTANT. Payment of the final invoice will be made upon the satisfactory
completion of the services covered by the lump sum fee. The CONSULTANT specifically agrees that the
Agreement shall be deemed executory only to the extent of the monies available, and no liability shall be
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incurred by the SPONSOR beyond the monies available for the purpose.
The time for completion of the services agreed to under this Agreement shall be as recorded in Schedules
A-1 and A-2 which are attached and made a part of this Agreement.
The method of computation of the CONSULTANT's lump sum fee is prescribed in Schedules B-1 and B-2
which are attached hereto and made a part hereof.
ARTICLE 3. STANDARD PRACTICES AND REQUIREMENTS.
The CONSULTANT shall ascertain the standard practices of the SPONSOR, the New York State
Department of Transportation (the "NYSDOT"), and the Federal Aviation Administration (the "FAA")
prior to beginning any of the services of this Project. Where practicable, all services required under this
Agreement shall be performed in accordance with these standard practices. In the event that provisions
of these standard practices are in conflict or strict adherence to same is impossible or undesirable, the
CONSULTANT may, with the approval of the other parties, vary or deviate from such standards. The
CONSULTANT shall perform all services under this Agreement in accordance with approved Federal and
State standards.
ARTICLE 4. DOCUMENTS FORMING THE CONTRACT.
The Contract Documents shall be deemed to include this Agreement, with accompanying schedule or
schedules.
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.
The CONSULTANT specifically agrees that its Subconsultants, agents or employees shall possess the
experience, knowledge and character necessary to qualify them individually for the particular duties they
perform. Further, it is expressly understood that the CONSULTANT shall indemnify and save harmless
the SPONSOR, the NYSDOT, and the FAA from claims, suits, actions, damages and costs of every name
and description resulting soley from the negligent performance of the services of the CONSULTANT under
this Agreement, and such indemnity shall not be limited by reason of enumeration of any insurance
coverage herein provided. Negligent performance of services, within the meaning of this Article, shall
include, in addition to negligence founded upon tort, negligence based up on the CONSULTANT'S failure
to meet professional standards and resulting in obvious or patent errors in the progression of his work.
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.
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ARTICLE 7. LABOR LAW REQUIREMENTS.
The CONSULTANT specifically agrees, as required by the New York Labor Law Sections 220, 220-d and
220-e, as amended, that its execution of this Agreement binds it to the following specific agreements:
A. No laborer, worker or mechanic in the employ of the CONSULTANT, Subconsultants or other
persons doing or contracting to do the whole or part of the services included in the Agreement shall
be permitted or required to work more than eight (8) hours in any one (1) calendar day or more
than five (5) days in one (1) week in the performance of services included in this Agreement except
in the emergencies set forth in the Labor Law;
B. The wages (including supplements) paid for a legal day's work shall be not less than the prevailing
rate of wages (including supplements) as defined by law;
C. The minimum hourly rate of wages (including supplements) to be paid shall not be less than that
designated by the Industrial Commissioner;
D. The minimum hourly supplements to be paid shall be in accordance with the prevailing practices
in the locality where the Project is located and shall be not less than designated by the Industrial
Commissioner. Supplements as defined in Section 220 of the Labor Law, as amended, mean all
remuneration for employment paid in any medium other than cash or reimbursement for expenses
or any payments which are not wages within the meaning of the law, including, but not limited to
health, welfare, non -occupational disability, retirement, vacation benefits, holiday pay and life
insurance;
E. The Labor Law provides that the Agreement may be forfeited and no sum paid for any work done
thereunder on a second conviction for willfully paying less than:
1. The stipulated wage scale (including supplements) as provided in Labor Law Section 220,
Subdivision 3, as amended, or
2. The stipulated minimum hourly scale (including supplements) as provided in Labor Law
Section 220-d, as amended.
F. The CONSULTANT specifically agrees as required by the provisions of Labor Law Section 220-e,
as amended, that:
1. In the hiring of employees for the performance of services under this Agreement or any
Subcontract hereunder, no CONSULTANT, Subconsultant, nor any person acting on
behalf of such CONSULTANT or Subconsultant shall, by reason of race, creed, sex, color
or national origin, discriminate against any citizen of the State of New York who is
qualified and available to perform the work to which the employment relates;
2. No CONSULTANT or Subconsultant or any person acting on its behalf, shall in any
manner discriminate or intimidate any employee hired for the performance of work under
this Agreement on account of race, creed, sex, color or national origin;
3. There may be deducted from the amount payable to the CONSULTANT by the SPONSOR
under the Agreement a penalty of five dollars ($5.00) for each person for each calendar
day during which such person was discriminated against or intimidated in violation of the
provisions of the Agreement;
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4. The Agreement may be canceled or terminated by the SPONSOR and all monies due or
to become due thereunder may be forfeited for a second or any subsequent violation of the
terms or conditions of this section of the Agreement.
G. Surveying Services - The SPONSOR recognizes that the CONSULTANT will be required by the
New York State Department of Labor 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, it is agreed that the SPONSOR will compensate the
CONSULTANT for field survey services included as a part of this Agreement in accordance with
the New York State Department of Labor Prevailing Rate Schedule made a part of this agreement.
Furthermore, the SPONSOR will compensate the CONSULTANT for all increases in labor costs
including applicable overhead and profit when those increases occur by direction of the New York
State Department of Labor. Billings for these increases 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 contract amount.
Additional Federal Labor Law provisions are contained in Schedule H.
ARTICLE 8. NON-DISCRIMINATION PROVISIONS.
During the performance of this Contract, the CONSULTANT agrees as follows:
A. The CONSULTANT shall not discriminate against any employee or applicant for employment
because of race, creed, sex, color or national origin, and shall take affirmative action to insure that
they are afforded equal employment opportunities without discrimination because of race, creed,
sex, color or national origin. Such action shall be taken with reference to, but not limited to:
recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or
termination, rates of pay or other forms of compensation and selection for training or retraining,
including apprenticeship and on-the-job training.
B. The CONSULTANT shall send to each labor union or representative of workers with which he
has or is bound by a collective bargaining or other agreement or understanding, a notice, to be
provided by the State Division of Human Rights, advising such labor union or representative of
the CONSULTANT's Agreement under clauses (A) through (G) (hereinafter called "non-
discrimination clauses"). If the CONSULTANT was directed to do so by the contracting agency
as part of the bid or negotiation of this Agreement, the CONSULTANT shall request such labor
union or representative to furnish him with a written statement that such labor union or
representative shall not discriminate because of race, creed, sex, color or national origin and that
such labor union or representative shall affirmatively cooperate within the limits of its legal and
contractual authority, in the implementation of the policy and provisions of these non-
discrimination clauses or that it consents and agrees that recruitment, employment and the terms
and conditions of employment under this Agreement shall be in accordance with the purposes and
provisions of these non-discrimination clauses. If such labor union or representative fails or
refuses to comply with a request that it furnish such a statement, the CONSULTANT shall
promptly notify the State Division of Human Rights of such failure or refusal.
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C. The CONSULTANT shall post and keep in conspicuous places, available to employees and
applicants for employment, notices to be provided by the State Division of Human Rights setting
forth the substance of the provisions of clauses (a) and (b) and such provisions of the State's laws
against discrimination as the State Commissioner of Human Rights shall determine.
D. The CONSULTANT shall state, in all solicitations or advertisements for employees placed by or
on behalf of the CONSULTANT, that all qualified applicants shall be afforded equal employment
opportunities without discrimination because of race, creed, sex, color or national origin.
E. The CONSULTANT will comply with the provisions of Sections 291-299 of the Executive Law
and Civil Rights Law; will furnish all information and reports deemed necessary by the State
Commissioner of Human Rights under these non-discrimination clauses and such sections of the
Executive Law; and will permit access to his books, records and accounts by the State
Commissioner of Human Rights, the Attorney General and the Industrial Commissioner for
purposes of investigation to ascertain compliance with these non-discrimination clauses and such
sections of the Executive Law and Civil Rights Law.
F. This Agreement may be forthwith canceled, terminated or suspended, in whole or in part, by the
contracting agency upon the basis of a finding made by the State Commissioner of Human Rights
that the CONSULTANT has not complied with these non-discrimination clauses, and the
CONSULTANT may be declared ineligible for future Agreements made by or on behalf of the
State or a public authority or agency of the State, until he satisfies the State Commissioner of
Human Rights that he has established and is carrying out a program in conformity with the
provisions of these non-discrimination clauses. Such finding shall be made by the State
Commissioner of Human Rights after conciliation efforts by the State Division of Human Rights
have failed to achieve compliance with these non-discrimination clauses and after a verified
complaint has been filed with the State Division of Human Rights; notice thereof has been given
to the CONSULTANT; and an opportunity has been afforded him to be heard publicly before the
State Commissioner of Human Rights or his designee. Such sanctions may be imposed and
remedies invoked independently of or in addition to sanctions and remedies otherwise provided by
law.
G. The CONSULTANT will include the provisions of clauses (A) through (F) in every Subcontract
or purchase order in such a manner that such provisions will be binding upon each Subconsultant
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 subcontract or purchase order as the
contracting agency may direct, including sanctions or remedies for non-compliance. If the
CONSULTANT becomes involved in or is threatened with litigation by a Subcontractor or vendor
as a result of such direction by the contracting agency, the CONSULTANT shall promptly so
notify the Municipal Counsel, requesting him to intervene and protect the interests of the
SPONSOR.
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 with the exception of Item (B)4 below which may be billed as a 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 New York State, covering all operations under the Agreement, whether performed by it or by
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Subconsultants. Before commencing the services, the CONSULTANT shall furnish the SPONSOR a
certificate or certificates in form satisfactory to the SPONSOR showing that it has complied with this
schedule, which certificate or certificates shall provide that the policies shall not be changed or canceled
until thirty (30) days, written notice has been given to the SPONSOR. The kinds and amounts of insurance
required are as follows:
A. Policy or policies covering the obligations of the 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 Worker'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 of no effect unless the
CONSULTANT procures such policy or policies and maintains the same in force during the term
of this Agreement.
B. Protective Liability Insurance issued to and covering the liability of the Municipal Corporation,
the Federal Aviation Administration, 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 Agreement including omissions and supervisory acts of the Municipal Corporation, the Federal
Aviation Administration, the State, the Commissioner and their employees or other representatives.
Policies of bodily injury liability and property damage liability insurance, each with limits of
liability of not less than one hundred thousand dollars ($100,000.00), 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 hundred thousand
dollars ($300,000.00) 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 hundred thousand dollars ($100,000.00) for all damages arising out of injury to or destruction
of property in any one (1) accident, and subject to this limit per accident, not less than three
hundred thousand dollars ($300,000.00) for all damages arising out of injury to or destruction of
property during the policy period.
Liability insurance issued to and covering the liability of the CONSULTANT with respect
to all work performed by it under this Agreement.
2. Liability insurance issued to and covering the liability of the CONSULTANT'S
Subconsultants with respect to all work performed by said Subconsultants under this
Agreement.
Protective liability insurance issued to and covering the liability of the CONSULTANT
with respect to all work under this Agreement performed for the CONSULTANT by
Subconsultants.
4. Protective liability insurance issued to and covering the liability of the SPONSOR and all
employees of the SPONSOR, both officially and personally, with respect to all operations
under this Agreement by the CONSULTANT or by his Subconsultants, including
omissions and supervisory acts of the SPONSOR and its employees.
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ARTICLE 10. ASSIGNMENT REQUIREMENTS.
The CONSULTANT specifically agrees that:
A. It is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of the
Agreement or of its right, title or interest therein, or its power to execute such Agreement, to any
other person, company or corporation without the previous consent in writing of the SPONSOR
and the Commissioner of Transportation and the FAA.
B. If this provision of the Agreement is violated, the SPONSOR may revoke and annul the Agreement
and the SPONSOR shall be relieved from any and all liability and obligations thereunder to the
person, company or corporation to whom the CONSULTANT shall assign, transfer, convey, sublet
or otherwise dispose of the Agreement, and such transferee shall forfeit and lose all monies
therefore assigned under said Agreement, except so much as may be required to pay his
employees.
ARTICLE 11. EXTRA SERVICES.
If the CONSULTANT is of the opinion that any services it has been directed to perform are beyond the
scope of this Agreement and constitute Extra Services, it shall promptly notify the SPONSOR of that fact.
The SPONSOR shall be the sole judge as to whether or not such Service is in fact beyond the scope of this
Agreement and constitutes Extra Services.
If the SPONSOR determines that such Services does constitute Extra Services, it shall provide extra
compensation to the CONSULTANT therefore upon a fair and equitable basis. A Supplemental Agreement
providing for such compensation for Extra Services shall be prepared and executed by the CONSULTANT
and the SPONSOR and be approved by the appropriate State and Federal officials.
ARTICLE 12. ABANDONMENT, CHANGE OF PLAN AND TERMINATION.
The SPONSOR shall have the absolute right to abandon the work or to amend its Project or to change the
general basis at any time, and such action on its part shall in no event be deemed a breach of contract.
If the SPONSOR does amend its Project or change the general basis and the CONSULTANT is of the
opinion that Extra Services are made necessary as a result thereof, the provisions of Article 11 of this
Agreement with respect to Extra Work shall apply.
The SPONSOR has the right to terminate this Agreement at its pleasure and make settlement with the
CONSULTANT upon an equitable basis as determined by the SPONSOR, who shall fix the value of the
services performed by the CONSULTANT prior to the termination of this Agreement. In determining the
value of the services performed, the SPONSOR shall consider the following:
A. The ratio of the amount of services performed by the CONSULTANT prior to the termination of
the Agreement to the total amount of services contemplated by this Agreement, less any payments
previously made.
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B. The amount of expense to which the CONSULTANT is put in performing the services performed
prior to the termination, in proportion to the amount of expense to which the CONSULTANT
would have been put had he been allowed to complete the services contemplated by the Agreement,
less any payments previously made.
C. The actual cost incurred by the CONSULTANT as verified by audit, plus a portion of the fixed
fee equal to the percentage of services completed.
In determining the value of the services performed by the CONSULTANT prior to the termination, no
consideration shall be given to profit which the CONSULTANT might have made on the uncompleted
portion of the services. If the termination is brought about as a result of unsatisfactory performance on the
part of the CONSULTANT, the value of the services performed by the CONSULTANT prior to termina-
tion shall be fixed solely on the ratio of such services to the total amount of work contemplated by this
Agreement.
ARTICLE 13. SUSPENSION OF SERVICES.
In the event that the services under the Agreement is entirely suspended, the CONSULTANT agrees that
its services shall likewise be suspended without compensation for the suspended period, unless otherwise
directed by the SPONSOR. Upon the resumption of the work under the Agreement, the CONSULTANT
shall resume its services under this Agreement until the service are completed and accepted. In all cases
provided for in this Agreement for the additional services above described, the SPONSOR'S directions
shall be exercised by the issuance of a Supplemental Agreement.
ARTICLE 14. DEATH OR DISABILITY OF THE CONSULTANT.
In case of the death or disability of one or more, but not all, of the persons herein referred to as the
CONSULTANT, the rights and duties of the CONSULTANT shall devolve upon the survivor or survivors
of them, who shall be obliged to perform the services required under this Agreement, and the SPONSOR
shall make all payments due to him or them.
In case of the death or disability of all the persons herein referred to as the CONSULTANT, all data and
records pertaining to the Project shall be delivered within sixty (60) days to the SPONSOR or its duly
authorized representative. In case of the failure of the CONSULTANT, his successors or personal
representatives, to make such delivery on demand, then and in that event the representatives of the
CONSULTANT shall be liable to the SPONSOR for any damages it may sustain by reason thereof. Upon
the delivery of all such data to the SPONSOR, the SPONSOR shall pay to the representatives of the
CONSULTANT all amounts due the CONSULTANT, including retained percentages to the date of the
death of the last survivor.
ARTICLE 15. INTERCHANGE OF DATA.
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 as the case may be.
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ARTICLE 16. DISPOSITION OF PROJECT DOCUMENTS.
At the time of completion of the work and upon payment for its services, the CONSULTANT shall make
available to the SPONSOR all original tracings plans, maps, computerized programs and reports which
have been prepared as the result of this Agreement. This material shall become the property of the
SPONSOR and the maintenance of the data shall be the responsibility of the SPONSOR. The cover sheet
of each document furnished to the SPONSOR by the CONSULTANT shall include the appropriate State
and Federal financial notices and the endorsement of the CONSULTANT.
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 the above paragraph.
ARTICLE 17. DAMAGES AND DELAYS.
The CONSULTANT agrees that no charges or claim for damages shall be made by him for any delays or
hindrances from any cause whatsoever during the progress of any portion of the services specified in this
Agreement. Such delays or hindrances, if any, shall be compensated for by an extension of time for such
reasonable period as the SPONSOR may decide, it being understood, however, that the permitting of the
CONSULTANT to proceed to complete any services or any part of them after the date of completion or
after the date to which the time of completion may have been extended, shall in no way operate as a waiver
on the part of the SPONSOR of any of its rights herein.
ARTICLE 18. 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.
ARTICLE 19. INDEPENDENT CONTRACTOR.
The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that
it shall conduct itself consistent with such status; that it shall neither hold itself out as nor claim to be an
officer or employee of the SPONSOR by reason hereof, and that it 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, worker's compensation coverage, unemployment insurance
benefits, social security coverage or retirement membership or credit.
ARTICLE 20. 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 or its licensees and the FAA
for public use. No material prepared in connection with this Project shall be subject to copyright. The
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State and the FAA shall have the right to publish, distribute, disclose or otherwise use any material
prepared under this Project.
ARTICLE 21. NEW YORK STATE PARTICIPATION.
The work in this Agreement is included in a NYSDOT Project, which is being undertaken and
accomplished by the SPONSOR and the State of New York, pursuant to which the State 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 New York State.
ARTICLE 22. FEDERAL PARTICIPATION.
The FAA is not a party to this Agreement although the Project work program covered by this Agreement
is to be financially aided in part by a Grant Agreement between the SPONSOR and the FAA as provided
for under the Airport and Airway Development Act of 1970 (P.L. 91258). 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. 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 23. MISCELLANEOUS.
A. The CONSULTANT agrees that it shall require 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.
B. 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 applicable law.
C. By execution of this Agreement, the CONSULTANT represents that he has not paid and also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this
Agreement.
D. The SPONSOR and CONSULTANT agree that all Project documents requiring formal approval
by a Federal agency will be submitted to the NYSDOT for its prior approval and forwarding to
the FAA for its formal approval. The SPONSOR and CONSULTANT agree that approval of all
Project documents requires the complete, prior and simultaneous coordination with the FAA and
New York State Department of Transportation.
F: \PROJECT\21100802\DESIGN\AGREEMNT\Cover.doc —10— 8/00
ARTICLE 24. SUBCONTRACTORS/SUBCONSULTANTS.
All subcontractors and subconsultants performing work on this Project shall be bound by the same required
contract provisions as the CONSULTANT. All agreements between the CONSULTANT and a
subcontractor or subconsultant shall include all standard required contract provisions, and such agreements
shall be subject to review by the NYSDOT and the FAA.
IN WITNESS WHEREOF, this Agreement has been executed by the SPONSOR, acting by and through
the Supervisor of the Town of Southold who has caused the seal of his office to be affixed hereto, and the
CONSULTANT, by and through a duly authorized officer, effective the day and year first above written,
subject to the approval of the Commissioner, Department of Transportation, the State Comptroller, and
the FAA.
SPONSOR
Town of Southold
By:
Joshua Y. Horton
Title: Supervisor
Date•i
CONSULTANT
C&S Engineers, Inc.
RAF
101, v�
/M
Title: Vice President
Date: �Z
F:\PROJECr\21100802\DESIGN\AGREEMNnCover.doc -11- 8/00
(ACKNOWLEDGMENT OF OFFICER OF OWNER ATTESTING AGREEMENT)
State of New York )
County q614116 SS:
On 144AII R a QW , 2001, before me, the undersigned, a Notary Public in and for said State, personally
appeared oshNa personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
�c
. ..:. ._ 3 `s Notary Public
(ACKNOWLEDGMENT OF CORPORATION)
State of New York )
County of Onondaga) SS:
On fflaq , 2004, before me, the undersigned, a Notary Public in and for said State, personally
appeared aid Als Q/ , personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,
the individual, or the person upon behalf of which the individual acted, executed the instrument.
'A0001 A) 4
Notary Public
SUSAN M. LOEWER
Notary Public, State of New York
Qual. in Onon. Co. No. 01 L0604004
My Comm. Exp. April 17,20 L —
F: \PROJECT\21100802\DESIGN\AGREEMNT\Cover.doc —12— 8/00
SCHEDULE A-1
SCOPE OF WORK
Project Title: Apron and Taxiway Stub
Airport Name: Elizabeth Field Airport
Services Provided: Short Environmental Assessment (Form C)
Project Description:
A Short Environmental Assessment (Form "C") for Terminal Apron and Access Taxiway Elizabeth Field
Airport, Fishers Island, New York.
The CONSULTANT agrees that the following services will be provided:
Conferences with the TOWN OF SOUTHOLD to review its wishes and requirements, inspection
of the site and become knowledgeable of the existing data that is already available for the Project.
2. Conferences with the New York State Department of Transportation and the Federal Aviation
Administration to review their programming and design standards and become knowledgeable of
the data that is already available for the project.
3. During the assessment, aid the TOWN OF SOUTHOLD by acting as liaison and project
coordinator with the New York State Department of Transportation and the Federal Aviation
Administration.
SHORT ENVIRONMENTAL ASSESSMENT (FORM "C") FOR TERMINAL APRON AND
ACCESS TAXIWAY PROJECTS
1. The Environmental Study will comply with FAA Order 1050.1C, Policies and Procedures for
Considering Environmental Impacts, FAA Order 5050.4A, The Airport Environmental
Handbook, the SEQR Law and Handbook and its attendant rules and regulations.
The study process is basically composed of six steps:
1) Description of existing conditions;
2) Description of proposed actions;
3) Consideration of alternatives and recommend a plan;
4) Measurement of significant changes;
5) Minimization of unavoidable impacts; and
6) Mitigation to avoid creation of significant impacts.
The Short Environmental Assessment will cover the following areas:
Wetlands, Flood Plains, Wild, Scenic, or Recreational Rivers and Coastal Zone Management: The
consultants will review the proposed development areas to determine if wetlands are affected. If
FAPROJECT\21100801\Apron-env\Agreemem\FORMCSCO. DOC A -I
there is uncertainty on whether this area is a wetland or in a flood plain, the United States Fish
and Wildlife Service, the New York Natural Heritage Program, and the U.S. Army Corps of
Engineers (COE) will be contacted for further information. If wetlands are discovered,
appropriate mitigation plans will be prepared and submitted to the COE. The project shall also
include correspondence with appropriate agencies to determine whether the project is within a
Coastal Zone, or adjacent to a waterbody listed on the state or federal list of Wild, Scenic, or
Recreational Rivers. If the project is located in a Coastal Zone, all state and federal coastal zone
policies will be followed. This project does not include a wetland delineation.
b. Prime and Unique Farm Land: If any farm land is to be converted to other uses as a direct result
of the proposed airport development or induced development, the local office of the United States
Department of Agriculture (USDA) will be contacted to determine if the farm land is identified as
prime or unique. If it is not prime or unique, the contact shall be documented.
Energy Supply and Natural Resources: As applicable, energy effects and natural resource effects
will be identified and described.
d. Light Emissions: The consultants will consider the extent to which any lighting associated with
the airport will create an annoyance among people in the vicinity.
Solid Waste: Airport development actions do not normally include 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 generation or
method of collection or disposal will be appreciably different then that would be the case today.
f. Construction Impacts: Specific effects during construction which may create adverse
environmental impacts including noise of construction equipment at the site, noise and dust from
delivery of materials through residential streets, creation of borrow pits and disposal of spoil, air
pollution from burning debris, and water pollution from erosion. The extent to which any of these
effects are subject to local, State or Federal ordinances or regulations will be discussed, as
applicable, together with measures to be taken to conform with such requirements.
g. Land Use: The land use task sets the stage for evaluating the impacts of the proposed airport
development. Both present conditions and planned/projected land uses for the future analysis year
will be set forth.
h. Socioeconomics: Two types of socioeconomic effects will be assessed: direct social impacts and
induced socioeconomic impacts. The effect of proposed development actions upon the social and
community aspects of the area will be described in terms of the numbers of persons and
businesses affected and available forms of relocation assistance. Road closures and surface
transportation disruptions will also be identified and described where appropriate. A general
description of potential socioeconomic effects upon the area will also be provided.
i. Air Quality: Effects upon the area's air quality will be described using accepted techniques.
Estimates will be provided of total amounts of pollutants as well as concentrations, as necessary
and appropriate, for complying with State air quality implementation plans.
Water Quality and Drainage: The description of effects of proposed development actions upon
water quality will include identification of relevant water quality standards, available water
FAPRO]EM21100801\Apron-cnv\Agreement\FO RMCSCO.DOC A-2
resources and effects upon existing water tables. Measures to minimize water pollution and runoff
effects will also be identified and described.
k. Department of Transportation Section 4 (f): This part of the assessment will identify and consider
effects upon public parks, recreation areas, wildlife and waterfowl refuges, historic sites and
scenic areas affected by the proposed development actions. Such areas affected will be identified
and means to minimize disruptive effects will be recommended.
Historic, Archaeological, Architectural, and Cultural Resources: Based upon contacts with
appropriate State agencies and examination of the National Register of Historic Places, districts,
sites, buildings, structures and objects included on the National Register and affected by proposed
development actions will be identified. Specifically, this project will cover the completion of a
Stage l A/B Cultural Resource Survey. A Stage 2 cultural resource survey is not included as part
of this project.
In. Biotic Communities and Endangered Species: General descriptions of the effect upon wildlife and
waterfowl habitat will be provided. Potentially affected species will be identified from secondary
sources and from contacts with appropriate State and Federal agencies. Endangered species that
may be found in the area of the proposed project will be identified from secondary sources and
contacts with State and Federal agencies. This project will include the completion of a biological
assessment of any threatened or endangered species identified by the above mentioned secondary
sources and appropriate state and federal agencies.
n. Noise: If required by FAA Order 5050.4A, a noise analysis will determine if the proposed project
is likely to have a significant impact on noise levels over noise -sensitive areas within the DNL 65
dBA noise contour.
o. Hazardous Sites/Materials: General review to determine the likelihood of encountering land that
may contain hazardous substances or may be contaminated will be provided.
P. Environmental Justice: General descriptions of the impacts to minority and/or low-income
populations considering human health, social, economic, and environmental issues will be
provided.
2. Documentation for the Short Environmental Assessment will include flood plain mapping,
wetlands mapping, air quality analysis and other analyses as appropriate, a listing of all required
permits for the project, and an evaluation of cumulative impacts (three years past and five years
future foreseeable projects). The Short Environmental Assessment will satisfy the regulatory
requirements of a formal EA and will be prepared to support a Finding of No Significant Impact
(FONSI).
3. The existing Airport Layout Plan drawing will have a "pen and ink" change made on it to reflect
the proposed development.
4. The CONSULTANT agrees to complete the work under this phase of the Agreement in a manner
satisfactory to the TOWN OF SOUTHOLD, within four (4) months after receiving a Notice to
Proceed from the TOWN OF SOUTHOLD or within such extended periods as are agreed to by
the TOWN OF SOUTHOLD.
END OF SCHEDULE
FAPROJECT21100801\Apron-env\Agreement\FORMCSCO.DOC A-3
Project Title:
Airport Name:
Services Provided:
Project Description:
SCHEDULE A-2
SCOPE OF WORK
Apron and Taxiway Stub
Elizabeth Field
DESIGN
The CONSULTANT shall provide required professional services to design the Design of an aircraft
parking apron for approximately eight aircraft and associated access taxiway stub. The proposed project
will be performed and constructed by the SPONSOR with grant assistance from the Federal Aviation
Administration (FAA) Airport Improvement Program (AIP) and the New York State Department of
Transportation.
Design of an aircraft parking apron for approximately eight aircraft and associated access taxiway stub.
Note: The design portion of this project shall not begin until after Environmental Form C has been
completed.
Professional services to be provided by the CONSULTANT shall include civil, electrical, structural, and
geotechnical engineering services required to accomplish the following items:
ADMINISTRATION PHASE
The CONSULTANT shall aid the SPONSOR by acting as their liaison and project coordinator with the
New York State Department of Transportation and the Federal Aviation Administration during the project
design. In addition the CONSULTANT shall assist the SPONSOR in the preparation of paperwork
required to secure funds for the project. The specific items of work shall include:
Preparation of grant application packages, coordination of their execution by the SPONSOR and
submission to the funding agencies.
2. Preparation of reimbursement request packages, and coordination of their execution by the
SPONSOR and submission to the funding agencies.
3. During the design phase, to aid the SPONSOR by acting as liaison and project coordinator with
the funding agencies.
4. The construction budget for the project is estimated to be $600,000. The CONSULTANT shall
evaluate the feasibility of this budget and keep the SPONSOR appraised during each phase of the
design. The CONSULTANT shall advise the SPONSOR as to options available for reducing
construction costs to stay within the budget, if it appears likely that contractor bid prices will
exceed this budget.
F:\PROJECT\21100802\DESIGN\AGREEMNT\Cover.doc A-1 800
5. The design schedule is anticipated to be as follows:
Contract Execution
Notice to Proceed (NTP)
Schematic Design
Preliminary Design
Final Design
SCHEMATIC DESIGN
Time from
Receipt of
NTP
Anticipated
Completion
Date
-----
March 1, 2002
120 Days
July 1, 2002
60 Days
September 1, 2002
60 Days
November 1, 2002
60 Days
December 31, 2002
The schematic design phase is intended to identify and evaluate alternatives to provide cost-effective and
practical solutions for the work items identified. The CONSULTANT will complete its evaluation of
alternatives through contacts with local authorities, review of the preapplication, field investigations, and
a practical design approach. The design will take advantage of local knowledge and experience and will
utilize expertise from recent construction projects to design a cost-effective project. Specific items of work
shall include:
1. Schedule and conduct a pre -design meeting with the SPONSOR, Federal Aviation Administration
and New York State Department of Transportation to review the scope of work and become
familiar with the project requirements and construction operational concerns.
2. Acquire and Review record documents such as plans, specifications, reports, and studies to become
familiar with data that is available for the project.
3. Perform preliminary site inspection to further familiarize the design team with project areas.
4. Prepare preliminary plans identifying required topographic field surveys, subsurface soils
investigations and other field investigative programs. Develop a schedule of completion to
minimize their interference with airport and tenant operations. Coordinate schedule with
SPONSOR and supervise programs at the site as necessary.
5. Acquire the necessary topographic survey and utility data of the site, including related office
computations and drafting.
6. Acquire the necessary soils and existing pavement investigation data, including borings, pavement
cores and test pits as well as field and laboratory tests to identify existing pavement conditions and
subsurface soil characteristics.
7. Perform a preliminary environmental review, including the collection and review of available
documents such as published wetland maps, soil conservation survey maps, and previous master
plan and environmental studies to identify potential impacts the project may have on the
environment.
F:\PROJECn21100802\DESIGN\AGREEMNnCover.doe A-2 8/00
8. Develop schematic designs including preliminary pavement horizontal geometric layouts and
prepare preliminary probable construction costs for each major element of the project.
9. Schedule and conduct a meeting with the SPONSOR to review the schematic design.
PRELIMINARY DESIGN
The work included under this phase shall generally consist of all work required to furnish the SPONSOR
with a set of Preliminary Plans, Specifications, and Engineer's Report.
The specific items of work shall include:
1. Finalize horizontal pavement geometrical layouts. Compute and document on drawings sufficient
information to layout proposed pavements in field during construction.
2. Analyze data obtained from subsurface soils and existing pavement investigation program and
determine properties of existing pavement and soil materials. Document results of program,
existing conditions, and recommendations in the design report.
3. Develop pavement design in accordance with FAA advisory circular 150/5320-6C.
4. Develop preliminary pavement centerline profiles, cross sections and site grading for the proposed
work.
5. Develop preliminary drainage designs including computation of surface water runoff volumes and
layout facilities necessary to accommodate expected flows.
6. Develop preliminary airfield lighting layouts including light fixture spacing and cable circuitry
requirements. Investigate existing electrical system capacities and perform preliminary design of
electrical power distribution and control systems.
7. Develop preliminary designs of structural project elements such as catch basins, manholes,
culverts, building foundations, and tower foundations.
8. Conduct site inspections to verify topographic survey and other project related existing physical
features and facilities.
9. Prepare preliminary contract drawings (approx. 50% complete) providing sufficient detail for
review of design concepts by SPONSOR, FAA, and NYSDOT.
10. Prepare general specifications and preliminarily develop technical specifications expected to be
required for the proposed services.
11. Develop a draft construction phasing and operations plan which limits interference of the
construction with airport and tenant operations.
F:\PROJEC7n21100802\DESIGN\AGREEMNT\Cover.doc A-3 8/00
12. Assist the SPONSOR in conducting a SEQR review of the project including completion of
appropriate EAF forms and preparation and submission of letters to governmental agencies
requesting their review and determination regarding what if any impacts the project is expected to
have on sensitive environmental areas.
13. Conduct wetland delineation and mapping; archaeological and other environmental investigations
as required by governmental agencies during the SEQR review process. The cost of these services
if required is not included in the CONSULTANT's original Scope of Work, however, when
required shall be included and paid for under a supplement to this agreement.
14. Update probable construction cost to reflect the preliminary project design.
15. Prepare written design report documenting items such as design concepts, assumptions, and
alternative designs. The contents of the report shall be consistent with Schedule 'Y'. Identify and
where necessary request waivers to standards from the FAA for design items that do not comply
with standards.
16. Submit sufficient copies of preliminary design documents to the SPONSOR, FAA, and NYSDOT
for their review and comment.
17. Schedule and conduct a preliminary design review meeting to discuss and resolve SPONSOR
comments.
FINAL DESIGN PHASE
The work included under this Phase shall generally consist of all work required to furnish the SPONSOR
with a complete set of contract documents including Final Plans, Specifications, Engineer's Design Report
and probable construction costs. Specifically, this work will include revising the Preliminary submittal
information to comply with SPONSOR comments and then completion of the final design. Plans and
Specifications, suitable for unit price bidding, will be completed, final design will be coordinated with the
SPONSOR and a 100% complete set of bid documents will be furnished to the SPONSOR. A final
probable construction cost and the final Design Report will also be prepared and submitted. A final
Construction Phasing and Operations Plan will be included as part of the specifications. Specific items of
work include:
Finalize pavement centerline profiles, cross-sections and grading designs.
2. Finalize pavement designs and detail pavement keyways; edge of pavement grading requirements,
and pavement sections.
3. Finalize drainage designs, layouts and detail pipe, and drainage structure installations.
4. Finalize structure designs and detail portland cement concrete, reinforcing bar and other related
installations.
5. Finalize airfield lighting layouts; electrical power distribution and system designs and detail
installations.
6. Finalize pavement marking layouts and detail installations.
FAPROJECf\21100802\DESIGN\AGREEMN7\Cover.doc A-4 8/00
7. Prepare final contract drawings.
8. Perform a detailed quantity takeoff of all bid items to be included on the contract drawings and in
the general specifications of the construction contract.
9. Finalize general specifications and prepare written technical specifications for all construction
materials and installations. Finalize construction phasing and operations plan and include in
specifications.
10. Prepare final probable construction costs based upon the actual bid items and quantity takeoffs.
11. Finalize design report to be consistent with the final design.
12. Prepare stormwater pollution control plan and submit required documents to comply with
stormwater permit requirements for construction projects.
13. Submit draft final documents to SPONSOR, FAA, and NYSDOT for final review and comment.
Schedule and conduct draft final review meeting with SPONSOR to discuss and resolve final
comments.
14. Reproduce and submit sufficient copies of bid documents to SPONSOR for bidding purposes. Bid
documents shall consist of the contract drawings and specifications. Cross-sections and soils
investigation data shall also be provided to bidders for informational purposes
BID PHASE
The bid phase is that time frame between completion of the design process and beginning of actual
construction when the SPONSOR publicly advertises and receives bids, awards contracts to the lowest
responsible bidder and executes a construction contract to perform the work with the successful contractors.
The CONSULTANT shall assist the SPONSOR during this phase as required. Specifically, the work shall
consist of:
1. Assist SPONSOR in the advertisement of the project and issuance of bid documents.
2. Receive and respond as required to questions from potential bidders regarding the contract
documents.
3. Schedule and conduct pre-bid conference if requested by SPONSOR and advise SPONSOR on
matters relating to design. Prepare meeting minutes of the pre-bid conference(s).
4. Prepare addenda to the bid documents after advertisement and prior to bidding as required upon
the SPONSORS approval.
5. Attend bid opening. Upon receipt of bids, perform bid reviews. The bid review shall include
items such as a check of the contractor's bid extensions, bid security, execution of bid, non-
collusive bidding certificate, EEO certification, statement of surety's intent, addenda receipt, buy
American certificate, subcontractors and supplier's list, Disadvantaged Business Enterprise (DBE)
certification, eligibility certification, corporate bidder's certification, non-discrimination statement
F:\PROJECT\21100802\DESIGN\AGREEMNnCover.doc A-5 8/00
and nonsegregated facilities certificate. Request evidence of competency and evidence of financial
responsibility from the contractor. Review contractor's list of personnel, list of equipment and
financial statement. Formal contact of the contractors references shall be made upon SPONSOR's
request or if contractor has no past working relationship with CONSULTANT, SPONSOR, FAA,
or NYSDOT.
6. Prepare a final bid tabulation, recommendation/rejection of award to the SPONSOR, and a sample
award letter. Request concurrence of award from the FAA and NYSDOT.
7. Upon award of contract, prepare conformed copies of contracts, coordinate contractors execution
of contract, review contractors bonds, insurance and DBE plan, review contractor's submission
with SPONSOR, coordinate SPONSORS execution of contract, assist in distributing copies of
executed contracts to the contractor, FAA and NYSDOT.
8. Coordinate Notice to Proceed (NTP) for construction. Contact FAA for permission to issue NTP.
Prepare a sample NTP letter for SPONSOR to send to contractor.
F:\PROJECT\21100802\DESIGN\AGREEMNT\Cover.doc A-6 8/00
ENGINEERS
DESIGN BUILD
TECHNICAL RESOURCES
OPERATIONS
ARCHITECTURAL/ENGINEERING
COST SUMMARY
SCHEDULE "B-1"
PLANNING PHASE
PROJECT NAME: Short Environmental Assessment (Form C)
PROJ DESCRIPTION Short Environmental Assessment for Terminal Apron and
Access Taxiway at Elizabeth Field, Fishers Island, New
York
CLIENT: Town of Southold
CLIENT MANAGER: Bruce Clark
DATE: 28 -Jan -02
A/E: C & S ENGINEERS, INC.
PROJECT NO: 211.
C&S CONTACT:
I. DIRECT SALARY COSTS:
MAXIMUM
AVERAGE
RATE OF PAY
RATE OF PAY
TITLE
($/HR)
($/HR)
0 HOURS
COST
A.
SERVICE GROUP MANAGER
$56.50
$43.30
X
5 =
$217.00
B.
MANAGING ENGINEER
$40.40
$37.50
X
0 =
$0.00
C.
SENIOR PROJECT ENGINEER
$37.20
$32.80
X
0 =
$0.00
D.
PROJECT ENGINEER
$31.80
$27.40
X
26 =
$712.00
E.
ENGINEER
$28.40
$23.30
X
32 =
$746.00
F.
SENIOR PROJECT ARCHITECT
$28.40
$26.90
X
0 =
$0.00
G.
ARCHITECT
$27.70
$25.40
X
0 =
$0.00
H.
ASST ARCHITECT
$22.70
$20.80
X
0 =
$0.00
I.
SENIOR GEOLOGIST (SOILS ENG)
$36.80
$33.70
X
0 =
$0.00
J.
HYDROGEOLOGIST
$21.90
$20.50
X
0 =
$0.00
K.
ENVIRONMENTAL SCIENTIST
$23.40
$22.90
X
0 =
$0.00
L.
ENVIRONMENTAL ANALYST
$19.10
$14.70
X
20 =
$294.00
M.
ASST ENGINEER
$23.20
$19.60
X
0 =
$0.00
N.
DESIGNER
$22.60
$18.20
X
0 =
$0.00
O.
SENIOR DRAFTER
$19.60
$18.00
X
16 =
$288.00
P.
DRAFTER
$15.00
$13.00
X
0 =
$0.00
0.
TECHNICALTYPIST
$19.80
$18.00
X
30 =
$540.00
R.
GRANTS ADMINISTRATOR
$18.90
$17.30
X
0 =
$0.00
S.
ASST GRANTS ADMINISTRATOR
$15.80
$13.70
X
0 =
$0.00
T.
SENIOR AIRPORT PLANNER
$41.80
$32.40
X
20 =
$648.00
U.
AIRPORT PLANNER
$27.20
$23.20
X
0 =
$0.00
V.
ASST AIRPORT PLANNER
$18.50
$18.20
X
170 =
$3,094.00
W.
INSPECTION SUPERVISOR
$38.10
$35.10
X
0 =
$0,00
X.
RESIDENT ENGINEER
$34.70
$29.20
X
0 =
$0.00
Y.
CHIEF INSPECTOR
$30.00
$26.90
X
0 =
$0.00
Z.
SENIOR INSPECTOR
$27.70
$23.00
X
0 =
$0.00
AA.
INSPECTOR
$23.70
$21.50
X
0 =
$0.00
BB.
JUNIOR INSPECTOR
$15.00
$14.30
X
0 =
$0,00
CC.
CONST RECORDS SPECIALIST
$22.20
$19.70
X
0 =
$0.00
DD.
PARTY CHIEF
$32.00
$29.90
X
0 =
$0.00
EE.
INSTRUMENT MAN
$28.80
$26.90
X
0 =
$0.00
FF.
RODMAN
$25.30
$23.60
X
0 =
$0.00
TOTAL ESTIMATED DIRECT SALARY COST
$6,539.00
11. OVERHEAD EXPENSES & PAYROLL BURDEN PER SCHEDULE "C" -
(AUDITABLE, ESTIMATED AND EXPRESSED AS A PERCENTAGE
OF DIRECT SALARY COST):
III. SUBTOTAL OF ITEMS I & It:
B-1
141.10% $9,227.00
$15,766.00
IV. ESTIMATE OF DIRECT EXPENSES:
MILES/TRIP 0
A.
TRAVEL, BY AUTO:
2
PERSONS 0
$500.00 =
TRIPS
B.
TRAVEL, BY AIR:
$193.00 =
$2,316.00
20
3 TRIPS
C.
PER DIEM:
0
SHEETS/SET 0
$1.00 =
6 DAYS 0
D.
REPRODUCTION -
$5.00 =
$0.00
REPORTS:
$0.00
10 SETS
DRAWINGS:
$1,000.00
TOTAL ESTIMATE OF DIRECT EXPENSES
SETS 0
MYLARS:
E.
LEGAL STENOGRAPHER:
F.
MISCELLANEOUS (rental car,
ferry, etc.):
V. FIXED FEE (PROFIT, LUMP SUM):
A. LABOR PLUS OVERHEAD
B. DIRECT EXPENSES
VI. SUBCONTRACTS:
A. Endangered species study
C. Stage 1 AB Study
D. Survey
TOTAL FIXED FEE
TOTAL SUBCONTRACTS
15% (OF III.)
15% (OF IV.)
VII. TOTALS:
A. ESTIMATE OF MAXIMUM TOTAL COST FOR PLANNING SERVICES, AGREEMENT TOTAL & FAA ELIGIBLE:
B-2
$6,326.00
$2,365.00
$949.00
$3,314.00
$4,500.00
$8,000.00
$0.00
$12,500.00
$37,906.00
MILES/TRIP 0
$0.345 =
$0.00
2
PERSONS 0
$500.00 =
$3,000.00
2
PERSONS @
$193.00 =
$2,316.00
20
PAGES/SET 0
$0.05 =
$10.00
0
SHEETS/SET 0
$1.00 =
$0.00
0
SHEETS 01
$5.00 =
$0.00
$0.00
_
$1,000.00
TOTAL ESTIMATE OF DIRECT EXPENSES
TOTAL FIXED FEE
TOTAL SUBCONTRACTS
15% (OF III.)
15% (OF IV.)
VII. TOTALS:
A. ESTIMATE OF MAXIMUM TOTAL COST FOR PLANNING SERVICES, AGREEMENT TOTAL & FAA ELIGIBLE:
B-2
$6,326.00
$2,365.00
$949.00
$3,314.00
$4,500.00
$8,000.00
$0.00
$12,500.00
$37,906.00
ENGINEERS
DESIGN BUILD
TECHNICAL RESOURCES
OPERATIONS
PROJECT NAME: Apron & Taxiway stub
PROJ DESCRIPTION: Apron & Taxiway stub
CLIENT: Town of Southold
CLIENT MANAGER: Phil Knauff
ARCHITECTURAL/ENGINEERING
COST SUMMARY
SCHEDULE 1113-2"
DESIGN PHASE
DATE: 28 -Jan -2002
A/E: C & S ENGINEERS, INC.
PROJECT NO: 211.008
C&S CONTACT: B. Clark
I. DIRECT SALARY COSTS:
MAXIMUM
AVERAGE
RATE OF PAY
RATE OF PAY
TITLE
($/HR)
($/HR)
@
HOURS
COST
A.
SERVICE GROUP MANAGER
$59.30
$45.50
X
0 =
$0.00
B.
MANAGING ENGINEER
$42.40
$39.40
X
78 =
$3,073.00
C.
SENIOR PROJECT ENGINEER
$39.10
$34.40
X
24 =
$826.00
D.
PROJECT ENGINEER
$33.40
$28.80
X
0 =
$0.00
E.
ENGINEER
$29.80
$24.50
X
288 =
$7,056.00
F.
SENIOR PROJECT ARCHITECT
$29.80
$28.20
X
0 =
$0.00
G.
ARCHITECT
$29.10
$26.70
X
0 =
$0.00
H.
ASST ARCHITECT
$23.80
$21.80
X
0 =
$0.00
I.
SENIOR GEOLOGIST (SOILS ENG)
$38.60
$35.40
X
0 =
$0.00
J.
HYDROGEOLOGIST
$23.00
$21.50
X
0 =
$0.00
K.
ENVIRONMENTAL SCIENTIST
$24.60
$24.00
X
0 =
$0.00
L.
ENVIRONMENTAL ANALYST
$20.10
$15.40
X
0 =
$0.00
M.
ASST ENGINEER
$24.40
$20.60
X
288 =
$5,933.00
N.
DESIGNER
$23.70
$19.10
X
0 =
$0.00
O.
SENIOR DRAFTER
$20.60
$18.90
X
0 =
$0.00
P.
DRAFTER
$15.80
$13.70
X
0 =
$0.00
Q.
TECHNICAL TYPIST
$20.80
$18.90
X
24 =
$454.00
R.
GRANTS ADMINISTRATOR
$19.80
$18.20
X
24 =
$437.00
S.
ASST GRANTS ADMINISTRATOR
$16.60
$14.40
X
0 =
$0.00
T.
SENIOR AIRPORT PLANNER
$43.90
$34.00
X
0 =
$0.00
U.
AIRPORT PLANNER
$28.60
$24.40
X
0 =
$0.00
V.
ASST AIRPORT PLANNER
$19.40
$19.10
X
0 =
$0.00
W.
INSPECTION SUPERVISOR
$40.00
$36.90
X
0 =
$0.00
X.
RESIDENT ENGINEER
$36.40
$30.70
X
0 =
$0.00
Y.
CHIEF INSPECTOR
$31.50
$28.20
X
0 =
$0.00
Z.
SENIOR INSPECTOR
$29.10
$24.20
X
0 =
$0.00
AA.
INSPECTOR
$24.90
$22.60
X
0 =
$0.00
BB.
JUNIOR INSPECTOR
$15.80
$15.00
X
0 =
$0.00
CC.
CONST RECORDS SPECIALIST
$23.30
$20.70
X
0 =
$0.00
DD.
PARTY CHIEF
$33.60
$31.40
X
0 =
$0.00
EE.
INSTRUMENT MAN
$30.20
$28.20
X
0 =
$0.00
FF.
RODMAN
$26.60
$24.80
X
0 =
$0.00
TOTAL ESTIMATED DIRECT SALARY COST $17,779.00
AGREEMENT AMOUNT
II. OVERHEAD EXPENSES & PAYROLL BURDEN PER SCHEDULE "C" -
(AUDITABLE, ESTIMATED AND EXPRESSED AS A PERCENTAGE
OF DIRECT SALARY COST): 141.1% $25,086.00
III. SUBTOTAL OF ITEMS I & II: $42,865.00
B-1
AGREEMENT AMOUNT
IV.
ESTIMATE OF DIRECT EXPENSES:
A.
TRAVEL, BY AIR:
4 TRIPS @
1
PERSON @
$600.00 =
$2,400.00
B.
PER DIEM:
4 DAYS @
1
PERSONS @
$193.00 =
$772.00
C.
REPRODUCTION -
1 .
DESIGN REPORTS:
10 SETS @
100
PAGES/SET @
$0.05 =
$50.00
2.
SPECIFICATIONS:
25 SETS @
250
PAGES/SET @
$0.05 =
$312.50
3.
DRAWINGS:
25 SETS @
8
SHEETS/SET @
$1.00 =
$200.00
4.
MYLARS:
8
SHEETS @
$5.00 =
$40.00
D.
MISCELLANEOUS:
_
$800.50
TOTAL
ESTIMATE OF DIRECT
EXPENSES
$4,575.00
V.
FIXED FEE
(PROFIT, LUMP SUM):
A.
LABOR PLUS OVERHEAD
15%
(OF III.)
$6,430.00
B.
DIRECT EXPENSES
15%
(OF IV.)
$686.00
TOTAL FIXED FEE
$7,116.00
VI.
SUBCONTRACTS:
A.
ESTIMATE OF TOPOGRAPHICAL SURVEYS:
$10,000.00
B.
ESTIMATE OF SUBSURFACE INVESTIGATION & TESTS:
1.
MOBILZATION/DEMOBILIZATION:
LUMP SUM
=
$1,000.00
2.
PAVEMENT CORES:
2
EACH @
$50.00 =
$100.00
3.
CONTINUOUS SAMPLING:
50
L.F. @
$18.00 =
$900.00
4.
OBSERVATION WELL:
0
L.F. @
$15.00 =
$0.00
5.
TEST PITS:
2
EACH @
$250.00 =
$500.00
6.
FIELD CBR:
2
EACH @
$250.00 =
$500.00
7.
FIELD DENSITY TESTS:
2
EACH @
$35.00 =
$70.00
8.
MECHANICAL ANALYSIS:
2
EACH @
$35.00 =
$70.00
9.
LABORATORY PROCTORS:
2
EACH @
$100.00 =
$200.00
10.
LABORATORY CBR, 1 PT.:
2
EACH @
$150.00 =
$300.00
11.
LABORATORY CBR, 3 PT.:
0
EACH @
$350.00 =
$0.00
12.
ATTERBERG LIMITS:
2
EACH @
$55.00 =
$110.00
13.
NATURAL MOISTURE CONTENT:
2
EACH @
$6.00 =
$12.00
14.
HYDROMETER ANALYSIS:
2
EACH @
$60.00 =
$120.00
TOTAL ESTIMATED
SUBSURFACE INVESTIGATION & TESTS:
$3,882.00
VII.
TOTALS:
A.
ESTIMATE OF MAXIMUM TOTAL COST FOR
DESIGN
SERVICES, AGREEMENT TOTAL
& FAA ELIGIBLE:
$68,438.00
B-2
SCHEDULE C
C&S ENGINEERS, INC.
SYRACUSE HANCOCK INTERNATIONAL AIRPORT
SYRACUSE, NY 13212
ESTIMATED ALLOWABLE OVERHEAD
FYE 12/31/98
GENERAL & ADMINISTRATIVE OVERHEAD
Indirect Labor
DOLLARS
MULTIPLIER
SALARY OVERHEAD (PAYROLL BURDEN)
640,000.00
0.158
Vacation & Holiday Pay
475,000.00
0.117
Sick & Personal Pay
150,000.00
0.037
FICA Taxes
520,000.00
0.128
Unemployment Taxes
100,000.00
0.025
Workmen's Compensation Insurance
35,000.00
0.009
Group Insurance
410,000.00
0.101
Bonus
50,000.00
0.012
Miscellaneous Employee Benefits
160,000.00
0.040
Payroll Preparation
7.200.00
0.002
TOTAL
1,907,200.00
0.471
GENERAL & ADMINISTRATIVE OVERHEAD
Indirect Labor
690,000.00
0.170
Clerical & Administrative
640,000.00
0.158
Project Development
750,000.00
0.185
Meeting, Conventions & Education
35,000.00
0.009
Office Supplies & Expenses
275,000.00
0.068
Travel & Subsistence
95,000.00
0.023
Field Supplies
15,000.00
0.004
Insurance
225,000.00
0.056
Depreciation
275,000.00
0.068
Rent
300,000.00
0.074
Utilities & Maintenance
195,000.00
0.048
Telephone
114,000.00
0.028
Auto Expenses
85,000.00
0.021
Dues & Fees
45,000.00
0.011
Legal & Accounting Expenses
65,000.00
0.016
Business Taxes
2.798.00
0.001
TOTAL
3,806,798.00
0.940
TOTAL ALLOWABLE OVERHEAD
5,713,998.00
1.411
TOTAL DIRECT LABOR
4,050,000.00
1.000
F:\PROJECT\21100802\DESIGN\AGREEMNnCover.doc 1/99
SCHEDULE D
SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS
Airport Sponsor: Town of Southold
AIP Project No.: 3-36-0029-02
Project Name: Apron and Taxiway Stub
Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act),
authorizes the Secretary to require certification from sponsors that they will comply with statutory and
administrative requirements. The following list of certified items includes major requirements for this
aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors
from fully complying with all applicable statutory and administrative standards. Every certified item must
be marked. Each certified item with a "no" response must be fully explained in an attachment to this
certification. If the item is not applicable to this project, mark the item "N/A". General procurement
standards for consultant services within Federal grant programs are described in 49 CFR 18.36. Sponsors
may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR
18 and Advisory Circular 150/5100-14.
Advertisements (were) (will be) placed to ensure fair and open competition from a wide area of
interest.
Yes _ No _ N/A
2. For contracts over $25,000, consultants (were) (will be) selected using competitive procedures
based on qualifications, experience, and disadvantaged business enterprise requirements with the
fee determined through negotiation.
Yes _ No _ N/A _
An independent cost analysis (was) (will be) performed, and a record of negotiations (has been)
(will be) prepared reflecting the considerations involved in the establishment of fees.
Yes _ No _ N/A _
4. If engineering or other services are to be performed by sponsor force account personal, prior
approval (was) (will be) obtained from FAA.
Yes _ No — N/A _
F:\PROJECT\21100802\DESIGN\AGREEMNnCover.doc D-1 8/00
5. The consultant services contracts clearly (establish) (will establish) the scope of work and delineate
the division of responsibilities between all parties engaged in carrying out elements of the project.
Yes _ No _ N/A _
6. Costs associated with work ineligible for AIP funding (are) (will be) clearly identified and separated
from eligible items.
Yes _ No _ N/A _
7. All mandatory contract provisions for grant -assisted contracts (have been) (will be) included in all
consultant services contracts.
Yes _ No _ N/A _
8. If the contract is awarded without competition, pre -award review and approval (was) (will be)
obtained from FAA.
Yes _ No _ N/A _
9. Cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards (were not)
(will not be) used.
Yes _ No _ N/A _
10. If the services being procured cover more than the single grant project referenced in this
certification, the scope of work (was) (will be) specifically described in the advertisement, and
future work will not be initiated beyond three years.
Yes _ No _ N/A _
I certify that, for the project identified herein, the responses to the foregoing items are correct as marked,
and that the attachments, if any, are correct and complete.
Date
Signature
Title
END OF SCHEDULE
F:\PROJECn21100802\DESIGN\AGREEMNnCover.doc D-2 8/00
SCHEDULE E
(RESOLUTION TO BE INSERTED)
F:\PROJECT\21100802\DESIGN\AGREEMNT\Cover.doc 800\
SCHEDULE F
ENGINEER'S REPORT
The following has been compiled as guidance covering what will be reflected as a minimum in an
Engineer's Report:
Chapter I - Introduction
1. Scope. A brief explanation of the scope of the proposed development as indicated in the Tentative
Allocation, and how it fits in with the present and future development of the airport as shown on
the approved Airport Layout Plan. This is not to be construed as another justification of the
item(s) which has(have) already been accomplished during the development and processing of the
Request for Aid. However, the Request for Aid and Tentative Allocation letter should be included
in this section.
2. Environmental and Safety Consideration. Fulfillment of environmental consideration and
commitments as per the project Environmental Impact Statement, AC 150/5370-7, "Airport
Construction Controls to Prevent Air and Water Pollution", Order EA 5210.1, "Safety
Requirements on Airports During ADAP-Funded Construction Activity" and AC 150/5370-2,
"Safety on Airports During Construction Activity".
3. Applicable FAR Part 77 Surfaces. Include sketch of applicable FAR Part 77 surfaces showing
any obstruction, plan and profile and any pertinent data and/or discussion concerning them,
especially with respect to the proposed project.
4. State what is the critical aircraft for design purposes and the basis of selection.
Chapter II - Design
1. Design Standards. A listing of the applicable Advisory Circulars that are current on the date of
the Tentative Allocation as shown in the latest tri -annual listing in the Federal Register and which
are mandatory as per Paragraph 83 and Appendix I of FAR Part 152. In the event the
Sponsor/Engineer wishes to use either draft or non -mandatory Advisory Circulars or other
standards, a written request, including the rationale shall be promptly submitted through the
sponsor for FAA consideration and inclusion in the report. The processing of the request shall be
accomplished in accordance with Order 5300.1A. Include a discussion on any variances from the
design standards and request for waivers.
2. Unusual Local Conditions. Identification and explanation of local conditions not covered by the
standards listed in above item (1) which will require modification. This should include a discussion
of the local condition, alternative solutions, recommended solution and the rationale for same. The
discussion shall also include economics, scheduling, methods and effect on other facilities,
operations, parties, etc. Some typical items that may generate this type of discussion are:
A. unusual soil classification, including drainage and structural characteristics;
B. unusual weather conditions such as precipitation and temperature;
F:\PROJECT\21100802\DESIGN\AGREEMNT\Cover.doc F-1 800
C. availability, proximity and costs of construction material, manpower, on and off-site
equipment and plans, etc.;
D. special design to accommodate unusual equipment and/or operations (e.g., off -hour
construction or non-standard construction procedures).
3. Soils Report and Other Test Reports. Either a separate document or include in Engineer's
Report. In soils report discuss reason for stopping borings at given elevations, assumption used
in report and why the number and types of tests were chosen. If separate, it should be referenced
in Engineer's Report.
4. Pavement Design. Discuss pavement design rationale making references to publications used,
including applicable graphs, etc., if necessary. Include Pavement Design Form 5100-1 and
Pavement Gradients and Cross Sections.
5. Drainage Design. Discuss drainage design rationale, including
grades, drainage structures (sizes, slope, strength, etc.), and sketch of drainage layout.
6. Lighting. Discussion should include the following:
A. Lighting system layout, including approach survey for VASI.
B. Plan and profile sketch for NAVAID projects.
C. Series lighting design (HIRL, MIRL, MITL, Centerline, TDZ), including:
1) Physical layout sketch;
2) Present regulator rating, condition and load;
3) Proposed load under this project;
4) Future load;
5) Wire sizes and length of runs.
Chapter III - Contract Provisions and Eligibility
1. Contract Technical Provisions. Discussion on the adaptation of the construction contracts'
technical provisions in order to avoid conflicts between the technical requirements of the sponsor,
the FAA, and other Grantor Agencies. Typical areas for consideration are:
A. Asphalt and concrete pavements (e.g., P-401 & P-501)
B. Drainage structures
C. Fencing (type, etc.)
D. Concrete
E. Turfing
F. Excavation and embankment
G. Painting
F:\PROJECT\21100802\DESIGN\AGREEMNT\Cover.doe F-2 8/00
H. Alternate bids
2. Contract General Provisions. (Non -Technical). Discussion on the adaptation of the construction
contract's general (non-technical) provisions in order to avoid conflicts between the procurement
requirements of the sponsor, the FAA, and other Grantor Agencies. Typical areas for considera-
tion are:
A. Definitions
B. State, Federal and local wage rates and labor provisions
C. EEO provisions, including Hometown or Imposed Plans
D. Insurance
E. Bid, payment and performance bonds
F. Payment provisions and application
G. Change Orders
H. Claims
I. Extra work
J. Material submissions, substitutions and approvals
K. Survey and layout procedure and responsibility
L. Guaranty and warranty procedure and responsibility
M. "As Built" information and responsibility
N. Pre -Construction Conference
O. Notice to Proceed
P. Stop Orders
Q. Time extensions
R. Airport operations and requirements
S. Repair and/or replacement or damage facility requirements
T. Work schedule (bar chart, PERT, etc.)
U. Bidding forms and requirements
V. Sponsor and Grantor Agency authority and responsibilities
F:\PROJECT\21100802\DESIGN\AGREEMNT\Cover.doc F-3 8/00
W. Safety (Order EA 5210.1)
3. Non -Eligible Work. Identification, justification and details of separation of non -eligible work to
be included in ADAP contract. This shall also cover the impact that the non -eligible work will
have on costs and scheduling of ADAP work.
4. Eligible Work to be Done by Others. Identification, justification and details of eligible work to
be done by others, such as utility companies, Sponsor Force Account, etc. This shall also cover
the impact that others doing eligible work will have on costs and scheduling of ADAP work.
5. Scheduling and Coordination. Identification, justification and details of scheduling and
coordination where project work will impact or be impacted by other parties and/or activities such
as airport users, airlines, public, FBO, National Weather Service, FAA Sponsor, other contractors,
military, utilities, concessionaires, etc. This discussion shall also cover the economic conditions
of the general and local construction market conditions, with a view to obtaining the most
advantageous bids. Included in the discussions should be what effect the Grantor Agency's (FAA,
State, Sponsor, etc.) commitments have on the schedule.
6. Construction Inspection and Testing. Discussion of construction inspection, sampling and testing
which shall include personnel, experience, techniques, methods, standards, results, timing
facilities, etc., and their relationship to the requirements of the approved Engineering Agreement
and construction contract.
7. Submittal of the Engineer's Report. The Engineering Report will accompany each submittal of
the plans and specifications, to the degree of development commensurate with the submittal itself.
The Sponsor/Engineer must understand that without submittal of the Engineer's Report the plans
and specifications will be returned without comments.
8. Project Completion. When the Record Drawings are submitted, the Engineer's Report will be
updated and submitted to reflect the changes that took place during construction. Updating should
include the departures taken, and explanation from the As -Advertised plans and specifications.
END OF SCHEDULE
F:\PROJECT\21100802\DESIGN\AGREEMNT\Cover.doc F-4 8/00
SCHEDULE G
CERTIFICATION OF CONSULTANT
I hereby certify that I am the Vice President and duly authorized representative of the firm of C&S
Engineers, Inc., whose address is Syracuse Hancock International Airport, 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.
END OF SCHEDULE
Rona d L. Peckham, P.E.
Vice President
F: \PROJECC\21100802\DESIGN\AGREEMN71Cover.doc G-1 8/00
SCHEDULE H
AIRPORT AID PROGRAM
There is set forth below the contract provision required by the regulations of the Secretary of Labor in Parts 5 and 5a of Title 29 of
the Code of Federal Regulations. Section 152.55(a) requires sponsors to insert this provision in full in each construction contract.
PROVISION REQUIRED BY THE REGULATIONS OF THE SECRETARY OF LABOR
A. MINIMUM WAGES
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(axl Xi)].
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(axl)(ii)].
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.
B. WITHHOLDING: FAA FROM SPONSOR Pursuant to the terms of the grant agreement between the United States and
SPONSOR, relating to Airport Development Aid Project No._____, and Part 152 of the Federal Aviation Regulations
(14 CFR Part 152), the FAA may withhold or cause to be withheld from the SPONSOR so much of the accrued payments
or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees; employed
by the Contractor or any Subcontractor on the work the full amount of wages required by this Contract. In the event of
failure to pay any laborer or mechanics, including any apprentice or trainee, employed or working on the site of the work
all or part of the wages required by this Contract, the FAA may, after written notice to the SPONSOR, take such action as
may be necessary to cause the suspension of any further payment or advance of funds until such violations have ceased [29
CFR 5.5(ax2)].
C. PAYROLLS AND BASIC RECORDS.
Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a
period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will
contain the name and address of each such employee, his correct classification; rates of pay (including rates of
contributions or costs anticipated of the types described in Section 1(bx2) of the Davis -Bacon Act), daily and
%%ENG%FNGVAASTOMAcrtEENrrn AIRPORITSM-x.noc H-1 sm
weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has
found, under 29 CFR 5.5(a)(lxiv) (see.Subparagraph 4 of Paragraph A above), that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program
described in Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that
the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and
that the plan or program has been communicated in writing to the laborers or mechanics affected, and records
which show the costs anticipated or the actual costs incurred in providing such benefits [29 CFR 5.5(a)(3)(i)].
2. The Contractor will submit weekly a copy of all payrolls to the SPONSOR for availability to the FAA as required
by SS 152.59(a). The copy shall be accompanied by a statement signed by the employer or his agent indicating
that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined
by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work
he performed. A submission of a "Weekly Statement of Compliance" which is required under this Contract and
the Copeland regulations of the Secretary of Labor (29 CFR Part 3) and the filing with the initial payroll or any
subsequent payroll of a copy of any fmdings by the Secretary of Labor, under 29 CFR 5.5(axlxiv) (see
Subparagraph 4 of Paragraph A above), shall satisfy this requirement. The prime Contractor shall be responsible
for the submission of copies of payrolls of all Subcontractors. The Contractor will make the records required
under the labor standards clauses of the Contract available for inspection by authorized representatives of the FAA
and the Department of Labor, and will permit such representatives to interview employees during working hours
on the job [29 CFR 5.5(ax3xii)].
D. APPRENTICES AND TRAINEES
Apprentices. Apprentices will be permitted to work as such only when the are registered, individually, under a
bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau
of Apprenticeship and Training, United States Department of Labor, or, if no such recognized agency exists in
a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department
of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the
ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed
on a payroll at an apprentice wage rate, who is not a trainee as defined in Subparagraph (2) of this Paragraph, or
who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the
classification of work he actually performed. The Contractor or Subcontractor will be required to furnish to the
SPONSOR written evidence of the registration of his program and apprentices as well as of the Appropriate ratios
and wage Hues, for the area of construction prior to using any apprentices on the contract work [29 CFR 5.5(ax4)].
2. Trainees. Trainees will be.petmitted to work as such when they are bona fide trainees employed pursuant to a
program approved by the United States Department of Labor, Manpower Administration, Bureau of
Apprenticeship and Training and, where Subparagraph 3 of this Paragraph is applicable, in accordance with the
provisions of Part 5a.29 CFR, Subtitle A.
3. Application of 29 CFR Part 5a. On contracts in excess of 510,000, the employment of all laborers and
mechanics, including apprentices and trainees as defined in 29 CFR 5.2(c) shall be also be subject to the provisions
of 29 CFR Part Sa. Apprentices and trainees shall be hired in accordance with the requirements of 29 CFR Parts
5a as set forth in Subparagraphs 4, 5, 6, 7, and 8 of this Paragraph.
4. Apprentice and Tminee Employment Requirements.
a. The Contractor agrees:
1) That he will make a diligent effort to hire for the performance of the contact a number of
apprentices or trainees, or both, in each occupation, which bears to the average number of the
journeymen in that occupation to be employed in the performance of the contract the
applicable ratio as determined by the Secretary of Labor,
2) That he will assure that 25 percent of such apprentices or trainees in each occupation are in
their first year of training, where feasible. Feasibility here involves a consideration of the
availability of training opportunities for first year apprentices, the hazardous nature of the
work for beginning workers, excessive unemployment of apprentices in their second and
subsequent years of training; and
3) That during the performance of the Contract he will, to the greatest extent possible, employ
the number of apprentices or trainees necessary to meet currently the requirements of
Subdivisions 1) and 2) of this Subparagraph.
%V NG\6N41MAS7ERSMGRFbNaW7VURPORISISCH-H.D0C H-2 sm
b. The Contractor agrees to maintain records of employment by trade of the number of apprentices and
trainees, apprentices and trainees by first year of training, and of journeymen, and the wages paid and
hours of work of such apprentices, trainees, and journeymen. The Contractor agrees to make these
records available for inspection upon request of the Department of Labor and the Federal Aviation
Administration.
C. The Contractor who claims compliance based on the criterion stated in (Subdivision 5 b. of this
Paragraph) agrees to maintain records of employment, as described in Subdivision b. of this Paragraph
on non -Federal and non -Federally assisted construction work done during the performance of this
contract in the same labor market area. The Contractor agrees to make these records available for
inspection upon request of the Department of Labor and the Federal Aviation Administration.
d. The Contractor agrees to supply one copy of the written notices required in accordance (with Subsection
5 c.) at the request of Federal Aviation Administration compliance officers. The Contractor also agrees
to supply at three-month intervals during performance of the Contract and after completion of contract
performance a statement describing steps taken toward making a diligent effort and containing a
breakdown by craft, of hours worked and wages paid for first year apprentices and trainees, other
apprentices and trainees, and journeymen. One copy of the statement will be sent to the Federal
Aviation Administration, and one to the Secretary of Labor.
e. The Contractor agrees to insert in any Subcontract under this contract the requirements contained (in
this Subdivision 4). Subparagraphs 5, 6, 7, and 8 shall also be attached to each such Contract for the
information of the Contractor. The term "Contractor" as used in such clauses in any Subcontract shall
mean the Subcontractor.
5. Criteria for Measuring Diligent Effort. A Contractor will be deemed to have made a "diligent effort" as required
by Subparagraph 4 of this Paragraph if during the performance of his Contract he accomplishes at least one of the
following three objectives:
a. The Contractor employees on this project a number of apprentices and trainees by craft as required by
the Contract clause at least equal to the ratios established in accordance with Subparagraph 6 of this
Paragraph.
b. The Contractor employs, on all his public and private, construction work combined in the labor market
area of this project, an average number of apprentices and trainees by craft as required by the contract
clauses, at least equal to the ratios established in accordance with Subparagraph 6.
C. 1) Before commencement of work on the project, the Contractor, if covered by a collective
bargaining agreement, will give written notice to all joint apprenticeship committees: the
local United States Employment Security Office; local chapter of the Urban League (Workers
Defense League) or other local organization concerned with minority employment; and the
Bureau of Apprenticeship and Training Representative, United State Department of Labor,
for the locality. The Contractor, if not covered by a collective bargaining agreement, will give
written notice to all the groups stated above except joint apprenticeship committees; this
Contractor also will notify all non joint apprenticeship sponsors in the labor market area
2) The notice will include at least the Contractor's name and address, the jobsite address, value
of contract, expected starting and completion dates, the estimated average. number of
employees in each occupation to be employed over the duration of the Contract, and a
statement of his willingness to employ a number of apprentices and trainees at least equal to
the ratios established in accordance with Subparagraph 6.
3) The Contractor must employ all qualified applicants referred to him through normal channels
(such as the Employment Service, the Joint Apprenticeship Committees and, where
applicable, minority organizations and apprentice outreach programs who have been delegated
this function) at least. up to the number of such apprentices and trainees required by the
applicable provision of Subparagraph 6.
6. Determination of ratios of Apprentices or Trainees to Journeymen. The Secretary of Labor has determined
that the applicable ratios of apprentices and trainees to journeymen in any occupation shall be as follows:
NNGNGkENG\MAWERS\AGRUMNTAIRMRTS03i-N.DW H-3 sus
a In any occupation the applicable ratio of apprentices and trainees to journeymen shall be equal to the
predominant ratio for the occupation in the area where the construction is to be undertaken, set forth in
collective bargaining agreements or other employment agreements, and available through the Regional
Manager for the Bureau of Apprenticeship and Training for the applicable area
b. For any occupation for which no such ratio is found the ratio of apprentices and trainees to journeymen
shall be determined by the Contractor in accordance with the recommendations set forth in the standards
of the National Joint Apprentice Committee for the occupation, which are filed with the United States
Department of Labor's Bureau of Apprenticeship and Training.
C. For any occupation for which no such recommendations are found, the ratio of apprentices and trainees
to journeymen shall be at least one apprentice or trainee for every five journeymen.
7. Variations, Tolerances, and Exemptions. Variations, tolerances, and exemptions from any requirement of this
Part with respect to any Contract or Subcontract may be granted when such action is necessary and proper in the
public interest, or to prevent injustice, or undue hardship. A request for a variation, tolerance, or exemption may
be made in writing by any interested person to the Secretary, United States Department of Labor, Washington,
D.C. 20210.
8. Enforcement.
a The FAA shall insure that the Contract clauses required by Subdivision 4 a of this Paragraph are inserted
in every Federal or Federally assisted construction contract subject thereto. For assistance programs for
construction work for which it does not contract directly, the FAA shall promulgate regulations and
procedures necessary to insure that contracts for the construction work subject to Subdivision 4 of this
Paragraph D will contain the clauses required thereby.
b. Enforcement activities, including the investigation of complaints of violations, to assure compliance with
the requirements of this Part, shall be the primary duty of the FAA. The Department of Labor will
coordinate its efforts with the FAA, as may be necessary to assure consistent enforcement of the
requirements of this Part. Enforcement of these provisions shall be in accordance with 29 CFR 5.6.
E. COMPLIANCE WITH COPELAND REGULATIONS. The Contractor shall comply with the Copeland Regulations
(29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference (29 CFR 5.5(aX5)).
F. OVERTIME REQUIREMENTS. No Contractor or Subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek
in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such
workweek unless such laborer or mechanic received compensation at a rate not less than 1 1/2 times his basic rate of pay
for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek, as the case may
be (29 CFR 5.5(cXl)).
G. VIOLATIONS; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. In the event of any violation of
Paragraph F of this provision, the Contractor and any Subcontractor responsible therefore shall be liable to any affected
employee for his unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States for
liquidated damages. Such liquidated damages shall be computed, with respect to each individual laborer or mechanic
employed in violation of said Paragraph F of this provision, in the sum of $10 for each calendar day on which such employee
was required or
permitted to work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime
wages required by said Paragraph F of this Provision (29 CFR 5.5(cX2)).
H. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES, AND PRIORITY OF PAYMENT.
The FAA may withhold or cause to be withheld, from any monies payable on account of work perforated by the
Contractor or Subcontractor, such sums as may administratively be determined to be necessary to satisfy any
liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in Paragraph
G of this Provision (29 CFR 5.5(cX3)).
2. In the event of failure or refusal of the Contractor or any Subcontractor to comply with overtime pay requirements
of the Contract Work Hours and Safety Standards Act, if the funds withheld by the FAA for the violations are not
sufficient to pay fully both the unpaid wages due laborers and mechanics and the liquidated damages due the
United States, the available fiords shall be used first to compensate the laborers and mechanics for the wages to
�u rrouTroutesraas��o x.noc H-4 sin
which they are entitled (or an equitable portion thereof when the funds are not adequate for this purpose); and the
balance, if any, shall be used for the payment of liquidated damages (29 CRR 5.14(d)(2)).
1. WORKING CONDITIONS. No Contractor may require any laborer or mechanic employed in the performance of the
contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his health or
safety as determined under construction safety and health standards (29 CFR Part 1518; 36 F.R. 7340) issued by the
Secretary of Labor.
J. SUBCONTRACTS. The Contractor will insert in each of his subcontracts the clauses contained in Paragraphs A through
K of this provision, and also a clause requiring the Subcontractors to include these provisions in any lower tier subcontracts
which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made
(29 CFR 5.5(a)(6), 5.5(c)(4)).
K. CONTRACT TERMINATION; DEBARMENT. A breach of Paragraphs A through J of this provision may be grounds
for termination of the contract. A breach of Paragraphs A through E and I may also be grounds for debarment as provided
in 29 CFR 5.6 of the regulations of the Secretary of Labor (29 CFR 5.5(a)(7)).
END OF SCHEDULE
\\ENGMNG\MASTERS\AGREEMMUIRPORTS\SM-N.DW H-5 5M
SCHEDULE I
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):
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 55,000 (520,000 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 of any public
building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and
to the extent that this contract shall be performed within the State of New York, Contractor agrees that
neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: (a)
discriminate in hiring against any New York State citizen who is qualified and available to perform 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 mux, 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 detemuned by the State Labor Department in accordance with the Labor Law.
muNcmavcvdesrExsuoxEEMrrry►tUrorrcx%SCH-].roc I-1 sres
7. Non -Collusive Bidding Requirement. In accordance with Section 139-4 of the State Finance Law, if this
contract was awarded based upon the submission of bids, Contractor wan -ants, under penalty of perjury, that
its bid was arrived at independently and without collusion aimed at restricting competition. Contractor
further wan -ants 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 Contractoes behalf.
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 2401 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, detemtination 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 nurnbers.
(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
NaENcuNcvr ASTERsv►catEtrrMtMRTS%M-t.Doc I-2 5/98
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
5100,000.00 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 bargaining or
other agreement or understanding, to furnish a written statement that such employment agency,
labor union or representative will not discriminate on the basis of race, creed, color, national
origin, sex, age, disability, or marital status, and that such union or 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 Na", "b", and "c", above, in every subcontract over
$25,000.00 for the conduction, 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 this 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 conducting 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 Govemoes 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.
%uarcMwc,,Mr AGREMA rr,xaurox s%scx-r.noc I-3 sros
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 request. 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.
B. Terms and Conditions (Addendum No. 1)
1. The Grantee agrees to incorporate or cause to be incorporated into any contract for construction work, or
furnishing of any materials, supplies, or equipment or professional consulting services of any kind in
connection 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 2204 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 nice, 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 corporation 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 canceled 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 this 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.
\%ENG\ENGVAASTERS\AGREEMNrWRMTS%SCH4.DOC I-4 sros
C.
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.
In. 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.
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 to 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.
Clauses to be Included in Grantee Contracts (Schedule I, Insurance).
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 Subcontractors. 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 canceled until thirty days written notice has been given to the Grantee. The kinds
and amounts of insurance required are as follows:
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.
2. Protective liability insurance issued to and 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 Property Damage Liability
Each Person Each Occurrence Each Occurrence
$1,000,000 $3,000,000 $1,000,000 $3,000,000
Consultant and Other Services
Bodily Injury Liability Property Damage Liability
Each Person Each Occurrence Each Occurrence
$100,000 $300,000 $100,000 $300,000
%CENGAG%MASrERMGeFAMNrAIP"RrslScaa.roc I-5
SM
3. Liability insurance issued to and covering the liability of the Contractor with respect to all work performed
by him under this Agreement.
4. Liability insurance issued to and covering the liability of each of the Contractor's Subcontractors with respect
to all work performed by said Subcontractor under this Agreement.
S. Protective liability insurance issued to and covering the liability of the Contractor with respect to all work
under this Agreement performed for the contractor by Subcontractor.
6. Protective liability insurance issued to and covering the liability of the Grantee and all employees of the
Grantee, both officially and personally, with respect to all operations under this agreement by the Contractor
or by his Subcontractor, including omissions and supervisory acts of the Grantee and its employees.
N21c: If work is to be performed by forces of the Grantee, the Grantee will provide or cause to be provided the
insurance coverage provided in Paragraph 2 above.
END OF SCHEDULE
%\ENc\EKG$IASrERsuoaEEMrnwtaroxrsZM- .Doc I-6 5198
a -
SCHEDULE J
"In accordance with Chapter 406 of the Laws of 1981, the Contractor hereby promises, asserts and represents 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 provisions of the United States Export Administration Act of 1969, as
amended, or the United States Export Administration Act of 1979, or the effective Regulations of the United States Department of
Commerce promulgated under either Act.
"It is understood further that the State in awarding a contract does so in material reliance upon the promise and representation made
by the Contractor in the foregoing paragraph and that such contract shall be rendered forfeit and void by the State Comptroller if
subsequent to the bid execution date, the Contractor or such owned or affiliated person, firm, partnership or corporation has been
convicted of a violation of the aforesaid Acts or Regulations or has been found upon final determination of the United States
Commerce Department or any other appropriate agency of the United States to have violated such Acts or Regulations.
"The Contractor agrees to and shall notify the Commissioner of Transportation and the Director of the Bureau of Contracts and State
Expenditures in the Department of Audit and Control of any such conviction or final determination of violation within five (5) days
thereof."
END OF SCHEDULE
F:\MAST6RS�AGREFMN AMPGRTS%M-1.IXX J-1 5198
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR. OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
'V"
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown. northfork. net
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 191 OF 2002
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 12,2002:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement with C&S Engineers, Inc., Syracuse
Hancock International Airport, Syracuse, NY 13212 to provide en ineering services in
accordance with a Lump Sum Consultant Agreement for the apron and taxiway stub at Elizabeth
Airport (FAA AIP No. 3-36-0029-09-02 and NYSDOT No. 0913.09), Fishers Island, New York
as requested by the Fishers Island Ferry District.
aja'411- T --
Elizabeth A. Neville
Southold Town Clerk
ENGINEERS
DESIGN BUILD
TECHNICAL RESOURCES
OPERATIONS
February 5, 2002
Joshua Y. Horton
Town of Southold
Town Hall PO Box 1179
Southold, NY 11971
CSS Engineers, Inc.
Syracuse Hancock International Airport
Syracuse, NY 13212
phone 315-455-2000
fax 315-455-9667
www.cscos.com
F SUPERVI
Tntn/nlncSORS OFFICE
�.,.._.
Re: Elizabeth Field Airport
Apron and Taxiway Stub
Engineering Services Consultant Agreement for Design
File: 211.008
Dear Mr. Horton:
Enclosed for your review and approval is one (1) copy of the draft Engineering Services
Consultant Agreement for this project. This Agreement provides for the complete design of the
project generally including project management, preliminary and final design, subsurface soil
investigation and laboratory testing, topographic surveys, and direct expenses. In addition,
this Agreement provides for the complete preparation of Environmental Form "C" as required
by NEPA.
In accordance with FAA AC 150/5100-14, the Town is responsible for completing the
Independent Fee Estimate (IFE) for this agreement. The IFE is to be submitted to the FAA for
their review and approval. Please feel free to contact me so I can explain the IFE process.
By copy of this letter, we are also submitting draft copies of this Agreement to the Federal
Aviation Administration (FAA) for their review and approval.
If you have any questions in reference to the enclosed, please do not hesitate to contact our
office.
Very truly yours,
C&S ENGINEERS,IL
Bruce W. Clark, PE
Managing Engineer
cc: Mr. Philip Brito (w/encl.)
Mr. Philip Knauff (w/encl.)
\\ENGENG\PROJECT\21100802\DESIGN\LF.T"rERS\DESAGRI DOC
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To: Thomas H. Doherty, Jr., Manager
Fishers Island Ferry District
From: Elizabeth A. Neville, Southold Town Clerk
Re: FAA Grant Applications
& Agreement with C&S Engineers re; Elizabeth Airport
Date: April 12, 2002
Tom,
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
I have been waiting to hear from Phil on the above regarding the completion of the Independent
Fee Estimate (IFE) referred to in C & S Engineers letter of February 2, 2002. Phil had called
someone, but never received a response back. The copies of the grant applications and the
agreement have been signed by the Deputy Supervisor. I spoke to Comptroller John Cushman
this morning and asked him if he knew anything about this IFE form. He did not and he advised
I send everything back to you at this time for completion and filing of the grants.