HomeMy WebLinkAboutR-1999-090 Application for Federal Assistance & Grant AgreementCITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION
NO. R-99- 90 NO. 367-1999
A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY ratifying an Application for
Federal Assistance and Standard DOT Title VI Assurances, and authorizing the execution and acceptance
of a Grant Agreement for Federal Assistance and Certificate of Sponsor's Attorney between the Federal
Aviation Administration and the City of Yakima and Yakima County.
WHEREAS, the City of Yakima ("City") and Yakima County ("County") are co-owners of the Yakima
Air Terminal; and
WHEREAS, the Yakima Air Terminal Board has submitted to the Federal Aviation Administration
("FAA') an Application for Federal Assistance dated September 28, 1998 for a grant of federal funds for a
project at the Yakima Air Terminal, which Application and Standard DOT Title VI Assurances, as approved
by the FAA under project number 3-53-0089-19 (the "Project"), is hereby incorporated herein and made a
part hereof; and
WHEREAS, the FAA has approved the Phase II Concourse portion of the Terminal Building
Rehabilitation Project for the Yakima Air Terminal: and
WHEREAS, the United States of America, acting through the FAA has offered to City and County
a grant to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety
(90%) percentum of all allowable project costs for the project, and
WHEREAS, The FAA has requested as a condition precedent to funding by the United States of the
allowable costs incurred in the Project, that:
1) the City and County ratify the Application for Federal Assistance and the Standard DOT
Title VI Assurances, dated September 28, 1998, executed on their behalf by Bob Clem,
Airport Manager and adopt and ratify the representations and assurances contained in the
Application, and,
2) the City and County authorize the City Manager and City Attorney for the City of Yakima
and the Chair of the Board of County Commissioners and Prosecuting Attorney for Yakima
County to accept and execute the Grant Offer and Certificate of Sponsor's Attorney
NOW, THEREFORE,
(Resolution - AIP-19, 6/99)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Application for Federal Assistance and Standard DOT Title VI Assurances dated September 28,
1998, executed by Bob Clem, Airport Manager, are hereby ratified. A true copy of such Application and
Standard DOT Title VI Assurances are attached hereto and incorporated herein, and,
The City Manager and City Attorney of the City of Yakima are hereby authorized to accept the Grant
Offer and to execute other such documents as may be required.
ADOPTED BY THE CITY COUNCIL this 6th
day of July , 1999.
,SCJ / Gly
ATTEST: Karen S. Roberts, City Clerk
(Resolution - AIP-19, 6/99)
John Puccinelli, Mayor
BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS:
The Application for Federal Assistance and Standard DOT Title VI Assurances dated September 28,
1998, executed by Bob Clem, Airport Manager, are hereby ratified. A true copy of such Application and
Standard DOT Title VI Assurances are attached hereto and incorporated herein, and,
The Chair and Prosecuting Attorney of the County of Yakima are hereby authorized to accept the
Grant Offer and to execute other such documents as may be required.
r T'
Dated this 6 day of
QO�4
OS "le
ATTEST: SYLVIA E. HINOJOSA
1999.
James M. Lewis,
Bettie Ingham, Commissione
CIf the Board
(Resolution - AIP-19, 6/99)
se Palacios, Commissioner
Constitutes the Board of County Commissioners for
Yakima County, Washington
Page 1 of 6 pages
U.S. Department of Transportation
Federal Aviation Administration
Grant Agreement
Part 1 - Offer
Date of Offer: June 25, 1999
Yakima Air Terminal
Yakima, Washington
Project Number: 3-53-0089-19
Contract Number: DOT-FA99NM-0041
To: The City of Yakima, Washington and the County of Yakima, Washington (herein
called the "Sponsor")
From: The United States of America (acting through the Federal Aviation Administration,
herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated September 25, 1998, for
a grant of Federal funds for a project at or associated with the Yakima Air Terminal which Project
Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of
the following:
Rehabilitate and expand terminal building (Phase 4);
all as more particularly described in the Project Application.
FAA Form 5100-37 PG 1 (10-89)
Page 2 of 6 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, U.S.C.,
Subtitle VII, Part B, and in consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Project Application and its acceptance of this Offer as
hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED
STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs
incurred in accomplishing the Project, ninety (90) percentum of all allowable Project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be
$208,246.00. For the purposes of any future grant amendments which may
increase the foregoing maximum obligation of the United States under the Title
49, U.S.C., Section 47108 (b), the following amounts are being specified for
this purpose:
$ 0.00 for planning
$208,246.00 for airport development or
noise program implementation
2. The allowable costs of the project shall not include any costs determined by the
FAA to be ineligible for consideration as to allowability under the provisions of
Title 49, U.S.C., Subtitle VII, Part B.
3. Payment of the United States share of the allowable project costs will be made
pursuant to and in accordance with the provisions of such regulations and
procedures as the Secretary shall prescribe. Final determination of the United
States share will be based upon the final audit of the total amount of allowable
project costs and settlement will be made for any upward or downward
adjustments to the Federal share of costs.
4. The Sponsor shall carry out and complete the Project without undue delays and
in accordance with the terms hereof, and such regulations and procedures as the
Secretary shall prescribe, and agrees to comply with the assurances which were
made part of the project application.
FAA Form 5100-37 PG 2 (10-89)
Page 3 of 6 pages
5. The FAA reserves the right to amend or withdraw this offer at any time prior to
its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any
part of the costs of the project unless this offer has been accepted by the
Sponsor on or before July 25, 1999, or such subsequent date as may be
prescribed in writing by the FAA.
7. The Sponsor shall take all steps, including litigation if necessary, to recover
Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust
statutes, or misused in any other manner in any project upon which Federal
funds have been expended. For the purposes of this grant agreement the term
"Federal funds" means funds however used or disbursed by the Sponsor that
were originally paid pursuant to this or any other Federal grant agreement. It
shall obtain the approval of the Secretary as to any determination of the amount
of the Federal share of such funds. It shall return the recovered Federal share,
including funds recovered by settlement, order or judgment, to the Secretary. It
shall furnish to the Secretary upon request, all documents and records
pertaining to the determination of the amount of the Federal share or to any
settlement, litigation, negotiation, or other efforts taken to recover such funds.
All settlements or other final positions of the Sponsor, in court or otherwise,
involving the recovery of such Federal share shall be approved in advance by
the Secretary.
8. The United States shall not be responsible or liable for damage to property or
injury to persons which may arise from, or be incident to, compliance with this
grant agreement.
Special Conditions
9. It is understood and agreed that the City of Yakima, Washington and the
County of Yakima, Washington authorized the execution of the Application for
Federal Assistance and Standard DOT Title VI Assurances both dated
September 28, 1998, on their behalf by Bob Clem, Airport Manager, and that
they jointly and severally adopted and ratified the representations and
assurances contained therein; and that the word "Sponsor" as used in the project
application and other assurances is deemed to include the City of Yakima,
Washington and the County of Yakima, Washington.
FAA Form 5100-37 PG 3 (10-89)
Page 4 of 6 pages
10. It is understood and agreed by the parties hereto that the maximum obligation
of the United States for this grant agreement may, if requested by the Sponsor
and approved by the FAA, be increased as provided in Title 49, U.S.C., Section
47108 (b) to cover increased eligible and allowable development project costs.
Upon approval of the Sponsor's request for such an increase, FAA will advise
the Sponsor by letter of the new grant amount. Issuance of such letter will
constitute an amendment to this agreement and the maximum grant obligation
of the United States will be adjusted to the amount specified.
11. Unless otherwise approved by the FAA, it will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products
produced outside the United States to be used for any project for airport
development or noise compatibility for which funds are provided under this
grant. The sponsor will include in every contract a provision implementing this
special condition.
12. The sponsor attests any automated facility, technology system, or equipment
acquired, assessed, tested, installed or repaired under the Airport Improvement
Program project has completed, or will complete, successful verification and
validation of the year 2000 (Y2K) date change data processing. The sponsor
shall ensure Y2K compliance of the facilities, systems, or equipment prior to its
acceptance and/or commissioning to verify it meets operational standards. The
sponsor may provide for continuous operation and maintenance of such, or
alternate courses of action. The future Y2K awareness, assessment (including
implementation work related to the project) will be the responsibility of the
sponsor or its contractor. The Government will not participate in additional
costs of Y2K assessment, testing, or repair work for the automated data
processing subject to this grant agreement.
c
FAA Form 5100-37 PG 4 (10-89)
Page 5 of 6 pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by Title 49,
U.S.C., Subtitle VII, Part B, constituting the contractual obligations and rights of the United States and
the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and
conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's
acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By e /fit � ' � 4
Wade Bryant, Manager,
Seattle Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and accept all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to in
the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of
the terms and conditions in this Offer and in the Project Application.
Executed this Y -- day of
,S-0 I
, 1999.
City of Yakima, Washington
,;„
By.. ~ .`. .
Title:
Attest. `7 1"� Title.
CERTIFICATE OF SPONSOR''S ATTORNEY
Sponsor's Designated Official Representative
I, , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws
of the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's
official representative has been duly authorized and that the execution thereof is in all respects due and
proper and in accordance with the laws of the said State and Title 49, U.S.C., Subtitle VII, Part B. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are
no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the
said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the
terms thereof.
Dated at this day of , 1999.
Si
ature of S•onsor's Attorne
FAA Form 5100-37 PG 5 (10-89)
-cici -Gig
Page 6 of 6 pages
Part II - Acceptance
The Sponsor does hereby ratify and accept all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to in
the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of
the terms and conditions in this Offer and in the Project Application.
Executed this day of , 1999.
(SEAL)
County of Yakima, Washington
By
Sponsor's Designated Official Representative
Title:
Attest: . . ..... . . . . . . . ..... . . . . . . . . . . Title:............................................
CERTIFICATE OF SPONSOR'S ATTORNEY
I, , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws
of the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's
official representative has been duly authorized and that the execution thereof is in all respects due and
proper and in accordance with the laws of the said State and Title 49, U.S.C., Subtitle VII, Part B. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are
no legal impediments that will prevent full perfoimance by the Sponsor. Further, it is my opinion that the
said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the
terms thereof.
Dated at this day of , 1999.
t.
Signature of Sponsor's Attorney
FAA Form 5100-37 PG 6 (10-89)
Section 3
FAA Grant Application
(Resolution - AIP-19, 6/99)
f-AF�r tICATION FOR
FEDERAL ASSISTANCE
I 1. TYPE OF SUBMISSION:
/1 ppl nstrru
17�i Construction
.3 Non -Construction
2. DATE SUBMITTED •-' 'veficant Identifier
September 28, 1998'
5. APPLICANT INFORMATION
PreappiicaUon
e Construction
• Non -Construction
OMB A r r royal No. 0348_0043
3. DATE RECEIVED BY STATE State Apo tion Identifier
4. DATE RECEIVED BY FEDERAL AGENCY F.dsral identifier
Legal Name: Yakima Air Terminal -
McAllister Field
Address (give city, county, state, and zip code)
91-1183898
Organizational Unit:
2400 West Washington Ave.
Yakima, WA 98903
Yakima County, Washington State
6 EMPLOYER IDENTIFICATION NUMBER (EIN):
Yakima Air
McAllister
Name and telephone number of the person to be
application (give area code)
Jerry Kilpatrick
Airport Supervisor
(509) 575-6149 Fax
DEI-❑❑o❑oo❑
8. TYPE OF APPLICATION:
a New 0 Continuation 0 Rte,
If Revision, enter appropriate letter(s) In box(es): ❑ ❑
A Increase Award B Decrease Award C Increase Duration
D Decrease Duration Other (specify)
10. CATALOG OF FEDERAL DOMESTIC
ASSISTANCE NUMBER
TITLE: Airport Improvement Program
REAS AFFECTED BY PROJECT (cities, counties, states, etc.).
Central Washington
13. PROPOSED PROJECT
Terminal -
Field
contracted on matters involving this
(509) 575-6185
7. TYPE OF APPLICANT: (enter appropriate Fetter -1n box) 0
A. State H. Interdependent School District
B. County I. State Controlled Institution of Higher Learning
C. Municipal J. Private University
D. Township K. Indian Tribe
E. Interstate L. Individual
F. Intermunicipal M. Profit Organization
G. Special District N. Other (Specify)
X
T'AR Part 139 Public Airport
9. NAME OF FEDERAL AGENCY
Federal Aviation Administration
Seattle ADO
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT.
Terminal Renovation Project,
Phase II - Concourse
Start Date I Ending Date
10/98 8/99
15 . ESTIMATED FUNDING
14. CONGRESSIONAL DISTRICTS OF
a. Applicant
Fourth rth
b. Project
Fou
a. Federal
650,000
b. Applicant
188,442
c. State
d
Local
e
Other
Program income
16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
a. YES, THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE
STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
DATE
b NO J PROGRAM IS NOT COVERED BY E. 0. 12372
0 011 PROGRAM HAS NOT BEEN SELECTED BY STATE FEAR REVIEW
g. TOTAL
838,442
17 ISTHE APPLICANT DELINQUENT ON ANY FEDERAL DEBT7
0 Yes K yes, attach an explanation
L'1 No
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED
BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT
WILL a. T Name of Authorized COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED
Typed horded RF THE APPLICANT
Bob Clem
d. Signature
ed Representa e
Pp- 's Editions Not Usable
b. Title
Airport Manager
Authorized for Local Reproduction
c. Telephone number
(509) 575-6149
e. Date Signed
Standard Form 424 (REV 4-88)
Prescribed by OMB Circular A-102
1]S DEPARTMENT Ji TRANSPoRTA TION
FEC[RAL AVIArlQN ADMINISTRATION
PART H
PROJECT APPROVAL INFORMATION
SECTION A
I em I
Does :h.s oss.s;once request require Stare, loco;
rec,onc; or oche, prions, rating?
Yes X
,TCme of Govern,no Body
Jr 'Or I, Roling
:ern 2
Coes ';,s cssis•cnce reques• reau,re Stare or locc, `leme cr A
ge :cy or
e sort' edeca' oncl or hec+•h cleerencesD
E.oarc
Yes X -.:troch Documental on
.,O
:em?
Does ' . s 2s ii s cnce recues' reae,re Cle_rnn e hcuse rev ,_
S ':cch Co -it -en's
,n cccordonce .•h CMB l_,rc-;lor A -95D
Yes
X
;tem 4.
Does :his ass's:once recues: require Store, Ieca:
Nome of Approving agency
regional or other planning approval?
✓cte
Yes X Pio
Item 5.
Is the proposed proles: covered by en approved Check one State .—I
comprehensive plan?
Loco! IlAi:port Master Plan
leo onal ---.!X Yes No Location of plan Yaki a Air Terminal
item 6.
Will the css sconce requested serve a Federcl
instollar,onD Yes
X
Nome of Federcl Ins:ell-ot;on
N.0 Federo; Popu,et.on benefit:no from Protect
I :ern i
Will the oss,s•once reques.'ed be an Federcl land
Or ,nStoIICtIOn?
Yes
X Percent of Prole -r
Name of Feo=rel Ins ailot,on
Loco:ion of Federal Land
Item 8
Will the ass's -once requested hc•,e cn impoc; or efiec
on :he env;ronme-0":
Yes
X
See ,nstruc:,en for eco .enol n:ormot,on to be
_ cv,dea
ern 9
the css•stance reoueste! cruse :he oisp;cceme c:
inC,, loyal fcm,l les bus ne ss es, or forms
.•em I
Yes X
Number of
:nd:v,duci s
Families
Fus:nes ses
-arms
7^ere ocher re,atea Feoera, ass srence or. TV; s
stoic`, See :ns:rucr ons rot ,-_da r ono! •ntormo;:on ra be
See
pend,nc, or anr,C :oored'
arovlced
Yes
X ••o
FAA Form 5100-100-
=7
6-) ica
r _ �c 7Ei FAA FJRW i3Oa-:a PA-=; , - .-- _
U 5 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION
OMB NO 04 R0209
PART II SECTION C
The Sponsor hereby represents and certifies as follows
1_ Compatible Land Use —The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in
thc vicinity of the airport
PF -'FFR TO EXHIBIT "A", PROPERTY t'AP, DARED 2-84
AIRPOR': INFLUENCE ZONE IN CITY OF YAKIMA AND
YAKIMA COUNTY COMPREHENSIVE ZONING ORDINANCE
2 Defaults.—The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern
ment relative to the development, operation, or maintenance of any airport, except as stated herewith
Noir
3. Possible Disabilities.—There are no facts or circumstances (including the existence of effective or proposed leases, use
agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)
which in reasonable probability might make it impossible for thc Sponsor to carry out and complete the Project or carry out the
provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise except as follows -
NONE
4. Land. --(a) The Sponsor holds the following property interest in the following areas of lariil` which arc to tie de‘elnpcd
or used as part of or in connection with the Airport, subject to the following exceptions encumbrance- and ad\er=.e intere,t<
all of which areas are identified on the aforementioned propcm map designated as Exhibit
NONE
.''.State character of property interest in each arca and list and identify for each all exceptions, encumbrances, and adverse interest:
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only LT the
area numbers shown on the property map. be identified here
FAA Form 5100-100 (4 76)
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION
P ART II St-J:TION (: (Continued)
°A10 Nr, Oa x0299
I II• ip ,11-..r lure, • r •rills. - !ILII til. iIt..t. J -•.I .n, J t,lb unul.,(I.ul I„ j tllallllr,I .,t t.rnr, „r 0(1r f,111pJ11, .III I tb.ri
-u, b Jtt,tnl , "r III, ''"11" t, l.t- .I, trnnulnl Ut ti Ill• -I"'" -"r I,)1r1- for JI,n,.-
(I,I I It. tuul•. r .III .011110• «,llun J r•J ',IJl.lr lune but In .Nry ,•,.•ntrior fry lhr _l.trl „p aii run-
lht ('n./, • l lb. I•tll ,..ln_ pr•,f.• rt, uit,-r• -1 In lh, I,.II,,,.ur, Jrt•J- .,I IJn,I p lrur(tUn „rirl unrl r
II .,i „hn II ar. J- (It• Jl,,r,-I,I ntt.�n. •I Pr"1"-r" t fns it -tris , ,.n-tr.n !I. n „oil I to hr p,•rl,,;;11 , l
( ( r(� ntJp .L,.I•nlJtril J� b\htlnt �
NONE
(.1 the upon ,>r will :It yulr „ithut a re.asonable trine and if feasible prior to the completltut of aII construction work under
the Project. the (olio„tn, prup.•rt‘ nttere-t in the followmy arrJ; .,f land- khteh Jre to be de,eloped or used as part of or In
t'onneetton with the Airport as It k,i11 lir upon tnmpIPtton of the Drupe, t all of ishtch areas are identified on the aforementioned
• :nap dr<t_nat..d as E.hlhtt a..
NONE
Exrlu=nr Rights- 111rre is no orattt of afi e (clu51\for the conduct of at„ aeronaut„ JI aetntt at anx airport o:• ned
or iontrull -d It the `ponst.r e\rrpt .Ir !'0110,,.;
NONE
f
Itarnrti r o f prttp.•r!, ntt, r,•t( rn ,•ut h nreu and list and edema, rte t•arh all N.rr,•
rt
tt/ Nt r•r, - � print ,•a, afnnrances. and adverse rntrres[5
kuul fund rimae•• tri lndul_ Ir• n: . i,t :n. nt c lra.a•:
!, /%I,• ,Pparn[v nrrus r), Ltnd nr.•,%.,r11, h n/vgtr(iPr/ her. �, the
nrr'n nunrG.•rc aut,r n wt th• prayer; : mitp
FAA Form 5100-100 t.
Page 3b
C.0 aC i i 06913
PART III — BUDGET INFORMATION — CCNSTP'-'':TION
SECTION A — GENERAL
1. Federal Domestic Assistance Cato log No
2. Functional or Other Breakout
20-106, AIP Program
SECTION B — CALCULATION OF FEDERAL GRANT
Cosi Clos siricorion
1 Administration expense
2. Preliminary expense
Use only for revisions
Latest Approved
Amount
Adlusrmc nr
- or (-)
S
Toro!
Amount
Required
15,000.00 I
3. Land,structures, right-of-way
a Architectural engineering basic fees
i 5 Other architectural engineering lees
70,000.00
5 Project Inspection fees
7. Land development
80,000.00
3 Relocation Expenses
9 elocation payments to Inolvlcuals anc Businesses
10 Demolition and removal
11 Construction and project Improvement
12. Equipment
673,442.00
13. Miscellaneous
14. Total (Lines 1 through 13)
15 Estimated Income (If applicable)
838,442.00 1
16. Net Project Amount (Line minus 15s
1, Less. Ineligible Exclusions
19 Total Project Amt. t Excluding Rehabilitation Grants)
20 Federal Share requested of L ne o
838,442.00
21 Add Rehabilitation Grants Requested (100 Percent)
650,000.00
22 Total Federal grant requested •L.nes 20 3 21)
23 Grantee share
24 Other shares
's Total project (Lines 22, 23 3 241 1
Form 5]00.100 r6 731 SUPERSEO�5 FAA FORM 5100-10 PAGES 1 THRU 7
650,000.00
188,442.00
0
IS 838, 442.00
Poge4
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRAT
OMB NO 80•R
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
FAA AC 73-022
Page 5
SECTION C — EXCLUSIONS
Classification
26
Ineligible for
Participation
(1)
Excluded from
Contingency Prov is ion
(21
a
5
b
c
d
I
.
I
.
T orols
S
L'
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27 Grantee Share ! 5 188,442.00
a. Securities
b. Mortgages
c. Appropriations (By Applicant) Passenger Facility Charge Program 188, 442.00
d. Bonds
e. Tax Levies
f. Non Cash
g Other (Explain)
h. TOTAL — Grantee share 188,442.00
2R Other Shares
a. State
b. Other
c. Total Other Shares 1 18,8 , 4 4 2. 0 0
29. TOTAL
SECTION E — REMARKS
PART IV PROGRAM NARRATIVF (A1•+r,.-1, _ coo ir,c...—..,...,1
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
FAA AC 73-022
Page 5
YAKIMAAIR TERMINAL
McALLISTER FIELD
2400 West Washington Ave • Yakima, Washington 98903 • (509) 575-6149 • (509) 575-6185 Fax
YAKIMA AIR TERMINAL
TERMINAL BUILDING RENOVATION PROJECT - PHASE II - CONCOURSE
PROGRAM NARRATIVE
Project Name: Terminal Building Renovation Project - Phase II - Concourse.
AIP Project Number: 3-53-0089-18
1. Sponsor:
Yakima Air Terminal
2400 West Washington Avenue
Yakima, Washington 98903
Telephone (509) 575-6149
FAX (509) 575-6185
2. Sponsors Representatives:
Administrative oversight will be provided by:
Bob Clem, Airport Manager
Construction and technical oversight will be provided by:
Jerry G. Kilpatrick, Airport Supervisor
3. Project Objective:
The terminal building was first constructed in 1949 Since that time it has underwent several
expansions, the last major expansion being the concourse addition in 1967 Since 'that time,
boarding have increased to a point that the concourses are dangerously overcrowded. In the past
five years alone, boardings have increased 41%.
Phase II of the terminal renovation project was bid in March of 1998. This project included the
concourse addition, however, because of higher than anticipated bids and insufficient funding, the
concourse portion of the project had to be removed.
This project will reinstate the concourse addition as originally anticipated in the Phase II project.
4. Benefits Anticipated:
This project will provide a facility which will meet the future aviation demand and enhance the safety
and security of airport tenants and passengers
Terminal - Phase II - Concourse, Project Narrative
Submitted by Jerry G Kilpatrick, Airport Supervisor
1
5. Scope of Project -Justification:
Expand departure concourse and add restrooms in concourse.
In the past five years, boardings have increased over 41% (from 65,232 in 1992 to 91,208
in 1996). Yakima is also experiencing a dramatic increase in charter activity utilizing B-727
,737 and MD -80 type aircraft
The present concourse is a "Y" configuration, an east wing and a west wing The area
between the two concourses will be enclosed approximately doubling the square footage.
There will be one additional gate position added in the center of the new concourse area to
accommodate the charters and diversions.
Restrooms will also be added downstream of the security screening checkpoint to reduce
the burden on the screeners.
6. Approach:
Being this is a "continuation" of an existing project, the Architecture and Engineering on this project
will be performed by the same team that prepared the original plans and specifications
A second consultant will be utilized to provide environmental services (asbestos abatement
specifications/monitoring in accordance with Labor & Industries standards)
The airport selected the following firms to perform these services:
Prime Architect: TRAHO Architects, Inc.
P O. Box 1644
Yakima, Washington 98907
Structural (sub): AKB Consulting Engineers, Inc. (DBE)
875 140th Avenue N E , Suite201
Bellevue, Washington 98005
Electrical (sub) Conley Engineering, Inc.
P 0 Box 8326
Yakima, Washington 98908
Mechanical (sub): L&S Engineering
218 W Pacific Ave, Suite 211
Spokane, Washington 99201
Environmental - Asbestos Abatement Consultant:
Terminal - Phase II - Concourse, Project Narrative
Submitted by Jerry G. Kilpatrick, Airport Supervisor
Fulcrum Environmental Consulting, Inc.
105 S 3rd Street
Yakima, Washington 98901
2
6.
7. Project Schedule (estimates):
Plans/Specifications to FAA December, 1998
DBE goals submitted to FAA December, 1998
Advertise for bids January, 1999
Open bids February, 1999
Application Submitted Completed
Grant Offer/Acceptance February, 1999
Notice to Proceed March, 1999
Project completion August, 1999
8. Preliminary Budget (based on estimates):
Construction, including
W S.S.T. (7 9%) $ 673,442
Architectural/Engineering
Construction Monitoring,
including detailed as-builts
$ 70,000
$ 80,000
Total A/E Expenses $ 150,000
Administrative Costs $ 15,000
Total Estimated Project Costs $ 838,442
9. Justification for Force Account Work:
The Yakima Air Terminal has personnel experienced in pre -design, construction safety and security
monitoring and coordinating construction projects to minimize disruption to normal airport
operations The Airport feels it is cost effective to utilize staff personnel to perform these tasks,
working in unison with the contractor and consultant. This is expected to take approximately 200
working hours (based on a five month construction project)
10. Special Airport Security Measures:
Significant construction is anticipated in the Security Identification Display Area (SIDA) and the
departure concourses. Prior to construction, the Airport Security Coordinator will submit to FAA
CASFO a temporary amendment to the Airport Security Program covering security controls during
construction. A preliminary draft of the Special Security Measures has been presented to and
tentatively approved by CASFO personnel (pending formal submission)
Terminal - Phase II - Concourse, Project Narrative
Submitted by Jerry G Kilpatrick, Airport Supervisor
3
PROJECT SCHEDULE
LOCATION: Yakima Air Terminal, Yakima, Washington (YKM)
Project Number: MP 3-53-0089-18
PROJECT DESCRIPTION: Terminal Building Rehabilitation Project - Phase 11 -
Concourse Addition
ITEM
SCHEDULED
DATE
ACTUAL
DATE
Pre -application Submitted
10/1/98
Advertise for Consultant
Completed
Select Consultant
Completed
Receive Independent Estimate
10/5/98
Submit Work Scope & Record of Negotiation
10/5/98
Finalize Land Cost (Land)
N/A
Submit Plans & Specifications to FAA
12/98
Advertise Dates (30 -days)
1/99
Open Bids (Construction)
2/99
Application Submitted
2/99
Grant Offer Issue
2/99
Grant Acceptance
2/99
Notice to Proceed
3/99
Construction Complete
8/99
c,
COMMENTS: This project is a continuation of an existing project The concourse expansion
was originally bid with the remainder of the phase II work, however, sufficient funding was not
available 1998, therefore, the concourse expansion was removed by change order The Plans and
Specifications for the work have been approved by the FAA, but, will be re -submitted once they
are modified to show only the concourse expansion portion of the work. Since this is a
continuation of an existing project, the same architect will be utilized
SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS
Yakima Air Terminal
Sponsor's Name
Attachment 1
Yakima Air Terminal —
McAllister Field 3-53-0089-18
Airport Project Number
Terminal Renovation Project — Phase II — Concourse
Project Description
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 form 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.
1. Advertisements were placed to ensure fair and open competition from a wide
area of interest.
Yes X No N/A
2. For contracts over $25,000, consultants were selected using competitive
procedures based on qualifications, experience, and disadvantaged business
enterprise requirements with the fee determined through negotiation.
Yes X No N/A
3. An independent cost analysis was performed, and a record of negotiations
has been prepared reflecting the considerations involved in the establishment
of fees.
Yes X No N/A
4. If engineering or other services are to be performed by sponsor force
account personnel, prior approval was obtained from FAA.
Yes No N/A X
5. The consultant services contracts clearly establish the scope of work and
delineate the division of responsibilities between all parties engaged in.
carrying out elements of the project.
Yes X No N/A
Page 1 of 2
6. Costs associated with work ineligible for AIP funding are clearly identified
and separated from eligible items.
Yes No N/A X
7. All mandatory contract provisions for grant -assisted contracts have been
included in all consultant services contracts.
Yes X No N/A
8. If the contract is awarded without competition, pre -award review and
approval was obtained from FAA.
Yes No N/A X
9. Cost -plus -percentage -of -cost methods of contracting prohibited under Federal
standards were not used.
Yes No N/A X
10. If the services being procured cover more than the single grant project
referenced in this certification, the scope of work was specifically described
in the advertisement, and future work will not be initiated beyond three years.
Yes X No N/A
I certify that, for the project identified herein, the responses to the forgoing
items are correct as marked, and that the attachments, if any, are correct and
complete.
Signed:
Sponsor's Authorized Representative
Bob Clem Airport Manager
Dated:
Typed Name and Title of Sponsor's Representative
r,
Page 2 of 2
Attachment 2
SPONSOR CERTIFICATION FOR PROJECT PLANS AND SPECIFICATIONS
Yakima Air Terminal —
McAllister Field Airport (YKM) 3-53-0089-18
Sponsor's Name
Airport Project Number
Terminal Renovation Project, Phase II — Concourse
Project Description
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 form 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 AIP standards are described in Advisory Circular 150/5100-6,
150/5100-15, and 150/5100-16. A list of current advisory circular with specific
standards for design or construction of airports and procurement or installation
of airport equipment and facilities is referenced in Grant Assurance 34.
1. The plans and specifications were developed in accordance with all
applicable Federal standards and requirements, and no deviation from or
modification to standards set forth in the advisory circular (was) (will be)
necessary other than those previously approved by FAA.
2. Specifications for the procurement of equipment are not proprietary or
written so as to restrict competition. At least two manufacturers can meet the
specification.
YesX No N/A
YesX No N/A
3. The development included in the plans is depicted on an airport layout plan
approved by FAA.
Yes X No t. N/A
4. Development which is ineligible for AIP funding has been omitted from the
plans and specifications, or included on a separate bid schedule.
Yes No N/AX
5. Process control and acceptance tests required for the project by standards
contained in Advisory Circular 150/5370-10 are included in the project
specifications.
Yes X No N/A
Page 1 of 2
6. If a value engineering clause is incorporated into the contract, concurrence
was obtained from FAA.
Yes No N/A X
7. The plans and specifications incorporate applicable requirements and
recommendations set forth in Federally -approved environmental finding.
Yes No N/A X
8. For construction activities within or near aircraft operational areas, the
requirements contained in Advisory Circular 150/5370-2 have been discussed with
FAA and incorporated into the specifications. A safety/phasing plan has been
prepared, the FAA concurrence (has been) (will be) obtained, if required.
Yes X No N/A
9. The project will be physically completed without Federal participation in
costs due to errors or omissions in the plans and specifications which were
foreseeable at the time of project design.
Yes X No N/A
I certify that, for the project identified herein, the responses to the forgoing
items are correct as marked, and that the attachments, if any, are correct and
complete.
Signed:
ew,„
Sponsor's Authorized Representative
Bob Clem, Airport Manager
Dated: ,4���e-
r.
Typed Name and Title of Sponsor's Representative
Page 2 of 2
Attachment 3
SPONSOR CERTIFICATION FOR EQUIPMENT/CONSTRUCTION CONTRACTS
Yakima Air Terminal —
McAllister Field Airport (YKM) 3-53-0089-18
Sponsor's Name
Airport Project Number
Terminal Renovation Project, Phase II — Concourse
Project Description
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 form 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". Standards for advertising and awarding equipment and construction
contracts within Federal grant programs are described in 49 CFR 18.36. Sponsors
may use their procurement procedures reflecting State and local laws or
regulations provided procurements conform to specific standards in 49 CFR 18 and
Advisory Circulars 150/5100-6, 150/5100-15, and 150/5100-16.
1. A code or standard of conduct is in effect governing the performance of the
sponsor's officers, employees, or agents in soliciting and awarding procurement
contracts.
Yes X No N/A
2. Qualified personnel are engaged to perform contract administration,
engineering supervision, and construction inspection and testing.
Yes X No N/A
3. The procurement was publicly advertised using the competitive sealed bid
method of procurement.
Yes X No N/A
4. The request for bids clearly and accurately describes all administrative
and other requirements of the equipment and/or services to be provided.
Yes X No N/A
Page 1 of 3
5. Concurrence will be obtained from FAA prior to contract award under any of
the following circumstances:
a. Only one qualified person/firm submits a responsive bid,
b. The contract is to be awarded to other than the lowest responsive and
responsible bidder,
c. Life cycle costing is a factor in selecting the lowest responsive
bidder, and
d. Proposed contract prices are more than 10% over the sponsor's cost
estimate.
Yes X No N/A
6. All contracts exceeding $100,000, require a bid guarantee of 5%, a
performance bond of 100%, and a payment bond of 100%.
Yes X No N/A
7. Contracts exceeding $100,000, contain provisions or conditions specifying
administrative, contractual, and legal remedies, including contract termination,
for those instances in which contractors violate or breach contract terms. They
also contain provisions requiring compliance -with applicable standards and
requirements issued under Section 306 of the Clean Ai•r Act (42 USC 1857 (h)),
Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and
environmental protection regulations (40 CFR Part 15).
Yes X No N/A
8. All construction contracts involving labor contain provisions insuring that
in the employment of labor honorably dischargede Vietnam era veterans and
disabled veterans will be given preference.
Yes X No N/A
9. All construction contracts exceeding $2,000 contain provisions requiring
compliance with the Davis -Bacon Act and bid solicitations contain a copy of the
current Federal wage rate determination. Provisions requiring compliance with
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
USC 327-330) and the Copeland "Anti Kick Back" Act are included. t.
Yes X No N/A
10. All construction contracts exceeding $10,000 contain appropriate clauses
form 41 CFR Part 60 for compliance with Equal Employment Opportunity Executive
Order 11246.
Yes X No N/A
11. All contracts and subcontracts contain clauses required from Title VI Civil
Rights Assurances and 49 CFR 23 for Disadvantaged Business Enterprise.
Yes X No N/A
Page 2 of 3
12. Appropriate checks have been made to assure that contracts or subcontracts
are not awarded to those individuals or firms suspended, debarred, or voluntarily
excluded from doing business with any DOT element and appearing on the DOT
Unified List.
I certify that, for the project identified herein, the responses to the forgoing
items are correct as marked, and that the attachments, if any, are correct and
complete.
Signed:
Bob Clem, Airport Manager
Sponsor's Authorized Representative
Typed Name and Title of Sponsor's Representative
Dated:
t,
Pao," 1 of 1
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public -use
airport; the term "private sponsor" means a private owner of a public -use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in
full force and effect throughout the useful life of the facilities developed or equipment acquired for
an airport development or noise compatibility program project, or throughout the useful life of the
project items installed within a facility under a noise compatibility program project, but in any event
not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for
the project. However, there shall be no limit on the duration of the assurance against exclusive
rights or the terms, conditions and assurances with respect to real property acquired with Federal
funds Furthermore, the duration of the Civil Rights assurance shall be specified in the
assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph 1 also applies to a private sponsor except that the useful life of project
items installed within a facility or the useful life of the facilities developed or equipment acquired
under an airport development or noise compatibility program project shall be no less than ten (10)
years from the date of acceptance of Federal aid for the project.
3. Airport Planning Under -taken by a Sponsor. Unless otherwise specified in the grant
agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning
projects. The terms, conditions, and assurances of the grant agreement shall remain in full force
and effect during the life of the project
C Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that.
1 General Federal Requirements. It will comply with all applicable Federal laws, regulations,
executive orders, policies, guidelines, and requirements as they relate to the application,
acceptance and use of Federal funds for this project including but not limited to the following
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended. c,
b Davis -Bacon Act - 40 U S.C. 276(a), et sea 1
c. Federal Fair Labor Standards Act - 29 U S C 201 et sea
d Hatch Act - 5 U.S C. 1501, et seq,2
e Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 Title 42 U.S C 4601, et seal 2
National Historic Preservation Act of 1966 - Section 106 - 16 U S C 470(f) 1
g Archeological and Historic Preservation Act of 1974 - 16 U.S C 469 through
469c.1
h Native Americans Grave Repatriation Act - 25 U S C Section 3001, et seq
Clean Air Act, P L. 90-148, as amended
Coastal Zone Management Act, P L. 93-205, as amended
k Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U S C 4012a 1
Title 49 ,U S C., Section 303, (formerly known as Section 4(f))
m Rehabilitation Act of 1973 - 29 U.S C 794
-\gran:[ -\ssuranccs (5/97)
Append:.
n.
o.
p.
r.q
s.
t.
u.
v.
w.
x.
Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
American Indian Religious Freedom Act, P.L. 95-341, as amended.
Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sea,1
Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq,1
Copeland Antikickback Act - 18 U.S.C. 874.1
National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq,1
Wild and Scenic Rivers Act, P.L. 90-542, as amended.
Single Audit Act of 1984 - 31 U.S.C. 7501, et sea,2
Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through
Executive Orders
Executive Order 11246 - Equal Employment Opportunity)
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 - FloodPlain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building
Construction 1
Executive Order 12898 - Environmental Justice
Federal Regulations
706.
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcemen
Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.1
e. 29 CFR Part 3 - Contractors and subcontractors on public building or public wo
financed in whole or part by loans or grants from the United States.1
29 CFR Part 5 - Labor standards provisions applicable to contracts covering
federally financed and assisted construction (also labor standards provisions
applicable to nonconstruction contracts subject to the Contract Work Hours and
Safety Standards Act).1
g 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally assisted
contracting requirements).1
h 49 CFR Part 18 - Uniform administrative requirements for grants and cooperativ
agreements to state and local govemments.3
49 CFR Part 20 - New restrictions on Lobbying.
49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights Act of
1964.
k. 49 CFR Part 23 - Participation by minority business enterprise in Department of
Transportation programs.
f.
1-
49 CFR Part 24 - Uniform relocation assistance and real property acquisition for
Federal and federally assisted programs.1 2
m. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and
activities receiving or benefitting from Federal financial assistance 1
n 49 CFR Part 29 - Governmentwide debarment and suspension (non -
procurement) and governmentwide requirements for drug-free workplace
(grants).
0 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and
services of countries that deny procurement market access to U.S contractors.
p 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated
new building construction.)
Office of Management and Budget Circulars
a A-87 - Cost Principles Applicable to Grants and Contracts with State and Local
Governments.
Dort Assurances (5/97) 2
rk
e
Appendix
b A-128 - Audits of State and Local Governments.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Pad 18 and OMB Circular A-87 contain requirements for State and
Local Governments receiving Federal assistance. Any requirement levied upon
State and Local Governments by this regulation and circular shall also be
applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to
finance and carry out the proposed project: that a resolution, motion or similar
action has been duly adopted or passed as an official act of the applicant's
governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing
the person identified as the official representative of the applicant to act in
connection with the application and to provide such additional information as may
be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and
carry out the proposed project and comply with all terms, conditions, and
assurances of this grant agreement. It shall designate an official representative
and shall in writing direct and authorize that person to file this application,
including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as
may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which
are not to be paid by the United States. It has sufficient funds available to assure operation and
maintenance of items funded under the grant agreement which it will own or control
4. Good Title.
a. It holds good title, satisfactory to the Secretary, to the landing area of the airport
or site thereof, or will give assurance satisfactory to the Secretary that good title
will be acquired.
b For noise compatibility program projects to be carried out on the property of the
sponsor, it holds good title satisfactory to the Secretary to that portion of the
property upon which Federal funds will be expended or will give assurance to the
Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the
rights and powers necessary to perform any or all of the terms, conditions, and
assurances in the grant agreement without the written approval of the Secretary,
and will act promptly to acquire, extinguish or modify any outstanding rights or
claims of right of others which would interfere with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary
b It will not sell, lease, encumber, or othenvise transfer or dispose of any part of its
title or other interests in the property shown on Exhibit A to this application or, for
a noise compatibility program project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms, conditions, and
assurances in the grant agreement without approval by the Secretary If the
transferee is found by the Secretary to be eligible under Title 49, United States
Code, to assume the obligations of the grant agreement and to have the power,
authority, and financial resources to carry out all such obligations, the sponsor
shall insert in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions, and
assurances contained in this grant agreement
Appendix
irpor[ Assurances (5/97)
Appendix
c. For all noise compatibility program projects which are to be carried out by another
unit of local government or are on property owned by a unit of local government
other than the sponsor, it will enter into an agreement with that government.
Except as otherwise specified by the Secretary, that agreement shall obligate that
government to the same terms, conditions, and assurances that would be
applicable to it if it applied directly to the FAA for a grant to undertake the noise
compatibility program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce this agreement against
the local government if there is substantial non-compliance with the terms of the
agreement.
d. For noise compatibility program projects to be carried out on privately owned
property, it will enter into an agreement with the owner of that property which
includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial non-
compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary
to ensure that the airport will continue to function as a public -use airport in
accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any
agency or person other than the sponsor or an employee of the sponsor, the
sponsor will reserve sufficient rights and authority to insure that the airport will be
operated and maintained in accordance Title 49, United States Code, the
regulations and the terms, conditions and assurances in the grant agreement and
shall insure that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the
time of submission of this application) of public agencies that are authorized by the State in which
the project is located to plan for the development of the area surrounding the airport. For noise
compatibility program projects, other than land acquisition, to be carried out on property not
owned by the airport and over which property another agency has land use control or authority,
the sponsor shall obtain from each such agency a written declaration that such agency supports
that project and the project is reasonably consistent with the agency's plans regarding the
property.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in
or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport development project
under Title 49, United States Code, it has undertaken reasonable consultations with affected
parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major
runway extension, it has afforded the opportunity for public hearings for the purpose of
considering the economic, social, and environmental effects of the airport or runway location and
its consistency with goals and objectives of such planning as has been carried out by the
community and it shall, when requested by the Secretary, submit a copy of the transcript of such
hearings to the Secretary. Further, for such projects, it has on its management board either voting
representation from the communities where the project is located or has advised the communities
that they have the right to petition the Secretary concerning a proposed project
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location it will provide for the Governor of the state in which the project is
located to certify in writing to the Secretary that the project will be located, designed, constructed,
and operated so as to comply with applicable air and water quality standards. In any case where
such standards have not been approved and where applicable air and water quality standards
have been promulgated by the Administrator of the Environmental Protection Agency, certification
shall be obtained from such Administrator. Notice of certification or refusal to certify shall be
provided within sixty days after the project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,
for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has
implemented an effective airport pavement maintenance -management program and it assures
.-Airport Assuranccs (5/97) n
_e.
that it will use such program for the useful life of any pavement constructed, reconstructed or
repaired with Federal financial assistance at the airport. It will provide such reports on pavement
condition arid pavement management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at a
public use airport, as defined in Title 49, it has, on the date of submittal of the project grant
application, all the safety equipment required for certification of such airport under section 44706
of Title 49, United States Code, and all the security equipment required by rule or regulation, and
has provided for access to the passenger enplaning and deplaning area of such airport to
passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of the grant, the total cost of the
project in connection with which the grant is given or used, and the amount or
nature of that portion of the cost of the project supplied by other sources, and
such other financial records pertinent to the project. The accounts and records
shall be kept in accordance with an accounting system that will facilitate an
effective audit in accordance with the Single Audit Act of 1984.
b. It shalt make available to the Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, for the purpose of audit
and examination, any books, documents, papers, and records of the recipient that
are pertinent to the grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is made of
the accounts of a sponsor relating to the disposition of the proceeds of a grant or
relating to the project in connection with which the grant was given or used, it
shall file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which
the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of 52,000 for work on any
projects funded under the grant agreement which involve labor, provisions establishing minimum
rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -
Bacon Act, as amended (40 U S.C. 276a -276a-5), which contractors shall pay to skilled and
unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under the
grant agreement which involve labor, such provisions as are necessary to insure that, in the
employment of labor (except in executive, administrative, and supervisory positions), preference
shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112
of Title 49, United States Code. However, this preference shall apply only where the individuals
are available and qualified to perform the work to which the employment relates
16 Conformity to Plans and Specifications. It will execute the project subject to plans,
specifications, and schedules approved by the Secretary Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of site preparation,
construction, or other performance under this grant agreement, and, upon approval of the
Secretary, shall be incorporated into this grant agreement Any modification to the approved
plans, specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into the grant agreement
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the project to assure that the work conforms to the
plans, specifications, and schedules approved by the Secretary for the project It shall subject the
construction work on any project contained in an approved project application to inspection and
approval by the Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall require such cost and
progress reporting by the sponsor or sponsors of such project as the Secretary shall deem
necessary.
18. Planning Projects. In carrying out planning projects
Append:\
-irnort -Assurances (5/97)
a. It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the
planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the
United States.
d. It will make such material available for examination by the public, and agrees that
no material prepared with funds under this project shall be subject to copyright in
the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of
specific consultants and their subcontractors to do all or any part of this project as
well as the right to disapprove the proposed scope and cost of professional
services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or
the Secretary's approval of any planning material developed as part of this grant
does not constitute or imply any assurance or commitment on the part of the
19.
Secretary to approve any pending or future application for a Federal airport grant.
Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users
of the airport, other than facilities owned or controlled by the United States, shall
be operated at all times in a safe and serviceable condition and in accordance
with the minimum standards as may be required or prescribed by applicable
Federal, state and local agencies for maintenance and operation. It will not cause
or permit any activity or action thereon which would interfere with its use for
airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions.
Any proposal to temporarily close the airport for nonaeronautical purposes must
first be approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect arrangements for -
(1) Operating the airport's aeronautical facilities whenever required,
(2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use
of the airport.
Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when snow, floo i or other
climatic conditions interfere with such operation and maintenance. Further,
nothing herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is substantially
damaged or destroyed due to an act of God or other condition or circumstance
beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns
or controls upon which Federal funds have been expended
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal
airspace as is required to protect instrument and visual operations to the airport (including
established minimum flight altitudes) will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
21 Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to
the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the
airport to activities and purposes compatible with normal airport operations, including landing and
Appendix !
irport .Assurances (5/97)
Apperdic
takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it
will not cause or permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program measures upon which
Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make its airport available as an airport for public use on reasonable terms
and without unjust discrimination, to any person, firm, or corporation to conduct or
to engage in any aeronautical activity for furnishing services to the public at the
airport.
b. In any agreement, contract, lease, or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporation to conduct or
to engage in any aeronautical activity for furnishing services to the public at the
airport, the sponsor will insert and enforce provisions requiring the contractor to -
(1) furnish said services on a reasonable, and not unjustly discriminatory, basis
to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit or
service, provided that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates, fees,
rentals, and other charges as are uniformly applicable to all other fixed -based
operators making the same or similar uses of such airport and utilizing the same
or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use
any fixed -based operator that is authorized or permitted by the airport to serve
any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant
of another air carrier tenant) shall be subject to such nondiscriminatory and
substantially comparable rules, regulations, conditions, rates, fees, rentals, and
other charges with respect to facilities directly and substantially related to
providing air transportation as are applicable to all such air carriers which make
similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or nontenants and signatory carriers and
nonsignatory carriers. Classification or status as tenant or signatory shall not be
unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classification
or status.
f It will not exercise or grant any right or privilege which operates to prevent any
person, Arm, or corporation operating aircraft on the airport; from performing any
services on its own aircraft with its own employees (including, but not limited to
maintenance, repair, and fueling) that it may choose to perform.
g In the event the sponsor itself exercises any of the rights and privilege referred
to in this assurance, the services involved will be provided on the same conditions
as would apply to the furnishing of such services by commercial aeronautical
service providers authorized by the sponsor under these provisions
h The sponsor may establish such reasonable, and not unjustly discriminatory,
conditions to be met by all users of the airport as may be necessary for the safe
and efficient operation of the airport
The sponsor may prohibit or limit any given type, kind or class of aeronautical use
of the airport if such action is necessary for the safe operation of the airport or
necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed -based operator shall not be
construed as an exclusive right if both of the following apply
Airport Assurances (5/97) 7
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -
based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require
the reduction of space leased pursuant to an existing agreement between such single
fixed -based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or
corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but
not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop
dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of
aviation petroleum products whether or not conducted in conjunction with other aeronautical
activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which
because of their direct relationship to the operation of aircraft can be regarded as an aeronautical
activity, and that it will terminate any exclusive right to conduct an aeronautical activity now
24.
existing at such an airport before the grant of any assistance under Title 49, United States Code.
Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services
at the airport which will make the airport as self-sustaining as possible under the circumstances
existing at the particular airport, taking into account such factors as the volume of traffic and
economy of collection. No part of the Federal share of an airport development, airport planning or
noise compatibility project for which a grant is made under Title 49, United States Code, the
Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway
Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and
charges for users of that airport.
25. Airport Revenues.
y All revenues generated by the airport and any local taxes on aviation fuel established
after December 30, 1987, will be expended by it for the capital or operating costs of
the airport; the local airport system; or other local facilities which are owned or
operated by the owner or operator of the airport and which are directly and
substantially related to the actual air transportation of passengers or property; or for
noise mitigation purposes on or off the airport. Provided, however, that if covenants
or assurances in debt obligations issued before September 3, 1982, by the owner or
operator of the airport, or provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all revenues generated
by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall
not apply.
z. As part of the annual audit required under the Single Audit Act of 1984, the sponsor
will direct that the audit will review, and the resulting audit report will provide an
opinion concerning, the use of airport revenue and taxes in paragraph (a), and
indicating whether funds paid or transferred to the owner or operator are paid or
transferred in a manner consistent with Title 49, United States Code and any other
applicable provision of law, including any regulation promulgated by the Secretary or
Administrator.
aa. Any civil penalties or other sanctions will be imposed for violation of this assurance in
26.
accordance with the provisions of Section 47107 of Title 49, United States Code
Reports and Inspections. It will.
a submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request and make such reports available to the public;
make available to the public at reasonable times and places a report of the airport
budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
agreements, regulations and other instruments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request;
Appendix
\Irpor[ Assurances (5/97)
0
c. for noise compatibility program projects, make records and documents relating to the
project and continued compliance with the terms, conditions, and assurances of the
grant agreement including deeds, leases, agreements, regulations, and other
instruments, available for inspection by any duly authorized agent of the Secretary
upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make
available to the public following each of its fiscal years, an annual report listing in
detail:
(i) all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
(ii) all services and property provided by the airport to other units of government
and the amount of compensation received for provision of each such service and
property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport developed
with Federal financial assistance and all those usable for landing and takeoff of aircraft to the
United States for use by Government aircraft in common with other aircraft at all times without
charge, except, if the use by Government aircraft is substantial, charge may be made for a
reasonable share, proportional to such use, for the cost of operating and maintaining the facilities
used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and
the using agency, substantial use of an airport by Government aircraft will be considered to exist
when operations of such aircraft are in excess of those which, in the opinion of the Secretary,
would unduly interfere with use of the landing areas by other authorized aircraft, or during any
calendar month that -
a. Five (5) or more Government aircraft are regularly based at the airport or on land
adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government aircraft
28.
multiplied by gross weights of such aircraft) is in excess of five million pounds
Land for Federal Facilities. It will furnish without cost to the Federal Government for use in
connection with any air traffic control or air navigation activities, or weather -reporting and
communication activities related to air traffic control, any areas of land or water, or estate therein,
or rights in buildings of the sponsor as the Secretary considers necessary or desirable for
construction, operation, and maintenance at Federal expense of space or facilities for such
purposes Such areas or any portion thereof will be made available as provided herein within four
months after receipt of a written request from the Secretary
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (1)
boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto; (2) the location and nature of all
existing and proposed airport facilities and structures (such as runways, txiways,
aprons, terminal buildings, hangars and roads), including all proposed extensions
and reductions of existing airport facilities; and (3) the location of all existing and
proposed nonaviation areas and of all existing improvements thereon. Such
airport layout plans and each amendment, revision, or modification thereof, shall
be subject to the approval of the Secretary which approval shall be evidenced by
the signature of a duly authorized representative of the Secretary on the face of
the airport layout plan. The sponsor will not make or permit any changes or
alterations in the airport or any of its facilities which are not in conformity with the
airport layout plan as approved by the Secretary and which might, in the opinion
of the Secretary, adversely affect the safety, utility or efficiency of the airport.
b If a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally
owned, leased, or funded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary, the owner or
Appendix
port Assurances (5/97)
9
Appendix
operator- will, if requested, by the Secretary (1) eliminate such adverse effect in a
manner approved by the Secretary; or (2) bear all costs of relocating such
property (or replacement thereof) to a site acceptable to the Secretary and aII
costs of restoring such property (or replacement thereof) to the level of safety,
utility, efficiency, and cost of operation existing before the unapproved change in
the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on
the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from
participating in any activity conducted with or benefiting from funds received from this grant. This
assurance obligates the sponsor for the period during which Federal financial assistance is
extended to the program, except where Federal financial assistance is to provide, or is in the form
of personal property or real property or interest therein or structures or improvements thereon in
which case the assurance obligates the sponsor or any transferee for the longer of the following
periods: (a) the period during which the property is used for a purpose for which Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits, or (b) the period during which the sponsor retains ownership or possession of the
property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will
dispose of the land, when the land is no longer needed for such purposes, at fair
market value, at the earliest practicable time. That portion of the proceeds of
such disposition which is proportionate to the United States' share of acquisition
of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for
deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility
project as prescribed by the Secretary.
b (1) For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for airport
purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States' proportionate share of the fair
market value of the land. That portion of the proceeds of such disposition which
is proportionate to the United States' share of the cost of acquisition of such land
will, (a) upon application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport or
within the national airport system, or (b) be paid to the Secretary for deposit in the
Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this
assurance if (a) it may be needed for aeronautical purposes (including runway
protection zones) or serve as noise buffer land, and (b) the revenue from interim
uses of such land contributes to the financial self-sufficiency of the airport.
Further, land purchased with a grant received by an airport operator or owner
before December 31, 1987, will be considered to be needed for airport purposes
if the Secretary or Federal agency making such grant before December 31, 1987,
was notified by the operator or owner of the uses of such land, did not object to
such use, and the land continues to be used for that purpose, such use having
commenced no later than December 15, 1989.
c. Disposition of such land under (a) or (b) will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such land will
only be used for purposes which are compatible with noise levels associated with
operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub -contract for program
management, construction management, planning studies, feasibility studies, architectural
services, preliminary engineering, design, engineering, surveying, mapping or related services
with respect to the project in the same manner as a contract for architectural and engineering
services is negotiated under Title IX of the Federal Property and Administrative Services Act of
1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the
airport.
1irp,ort .Assurances (5/97)
10
A
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund PPe^:x
any project which uses any product or service of a foreign country during the period in which such
foreign country is listed by the United States Trade Representative as denying fair and equitable
market opportunities for products and suppliers of the United States in procurement and
construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies,
standards, and specifications approved by the Secretary including but not limited to the advisory
circulars listed in the Current FAA Advisory Circulars for AIP projects, dated -r'%/55 and included
in this grant, and in accordance with applicable state policies, standards, and specifications
approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the
greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49
CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in
Subpart B. (2) It will provide a relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart 0 and E of 49 CFR Part 24. (3) It will make available within a reasonable
period of time prior to displacement, comparable replacement dwellings to displaced persons in
accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent
practicable, intercity buses or other modes of transportation to have access to the airport,
however, it has no obligation to fund special facilities for intercity buses or for other modes of
transportation
irport Assurances (5/97)
11
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Updated on: 5/1/95
NUMBER
SUBJECT
70/7460-1H, CHG 1 & 2 - Obstruction Marking and Lighting
150/5000-13 - Announcement of Availability—RICA Inc., Document RTCA-221, Guidance and Recommended
Requirements for Airport Surface Movement Sensors
150/5100-14C - Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
150/5210-56 - Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-713 - Aircraft Fire and Rescue Communications
150/5210-14 - Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 - Airport Rescue & Firefighting Station Building Design
150/5210-18 - Systems for Interactive Training of Airport Personnel
150/5220-4B - Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10A - Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles
150/5220-13B - Runway Surface Condition Sensor Specification Guide
150/5220-14A - Airport Fire and Rescue Vehicle Specification Guide
150/5220-16A - Automated Weather Observing Systems for NonFederal Applications
'50/5220-17A - Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18 - Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials
150/5220-19 - Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting Vehicles
150/5220-20 - CHG 1 - Airport Snow and Ice Control Equipment
150/5220-21 - CHG 1 - Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments
150/5300-13 - CHG 1, 2, 3, 4 - Airport Design
150/5300-14 - Design of Aircraft Deicing Facilities
150/5300-15 - Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5320-5B - Airport Drainage
150/5320-6C - CHG 1 & 2 - Airport Pavement Design and Evaluation
150/5320-12B - Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
c,
150/5320-14 - Airport Landscaping for Noise Control Purposes
150/5325-4A - CHG 1 - Runway Length Requirements for Airport Design
150/5340-1G - Standards for Airport Markings
150/5340-4C - CHG 1 & 2 - Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-5B - CHG 1 - Segmented Circle Airport Marker System
150/5340-14B - CHG 1 & 2 - Economy Approach Lighting Aids
150/5340-17B - Standby Power for NonFAA Airport Lighting Systems
1/5340-18C - CHG 1 - Standards for Airport Sign Systems
'50/5340-19 - Taxiway Centerline Lighting System
STANDARD DOT TITT.F VI ASSURANCES
Yakima Air Terminal -
McAllister Field (hereinafter referred to as the
Sponsor) hereby agrees that as a condition to receiving Federal financial
assistance from the Department of Transportation (DOT), it will comply with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all
requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation -- Effectuation of
Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the
"Regulations") to the end that no person in the United States shall, on the
ground of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity for which the applicant receives Federal
financial assistance and will immediately take any measures necessary to
effectuate this agreement. Without limiting the above general assurance,
the Sponsor agrees concerning this grant that:
1. Each "program" and "facility" (as defined in Section 21.23(a) and
21.23(b)) will be conducted cr operated in compliance with all requirements
cf the Regulations.
2. !t will insert the clauses of Attachment 1 of this assurance -.. every
cont=act subject to the Act and the Regulations.
3. Where Federal financial assistance is received to construct a _acilit_�,
or cart of a facility, the assurance shall extend to the enti- `lits and
facilities operated in connection therewith.
4. Where Federal financial assistance is in the form cr for the accuisjticn
cf real property or an interest in real property, the assurance shall extend
to rights to space on, over, or under such property.
S. it will include the a^Crocriate clauses set forth in Attachment 2 cf
this assurance, as a covenant running with the land, in anv future deeds,
leases, permits, licenses, and similar acre=
- menta entered into by the
Sponsor with other
(a) for the subsequent transfer of real bropertv acc-uired cr `improved
with Federal financial assistance under this project; and
(b) for the construction or use of or access tc space on, over, cr
under real property acc-uired or Lmcrcved with Federal finano`-_1 ass_stapc e
under this Project. --
6. This assurance obligates the Sponsor for the period during wn'c1 Federal
financial assistance is extended to the program, except where the Federal
financial assistance is to provide, cr is in the form of personal proper -v
or real property or interest therein or structures or improvements thereon,
in which case the assurance obligates the Sponsor or anv_
for tne
longe_ of the following cericds:
(a) the period during which the property is used for a curocse
for
which Federal financial assistance is extended, cr for another cu_rcse
involving the provision of similar services or benefits; cr
(b) the period during which the Sponsor retains ownership or possession
of the property.
7. It will provide for such methods of administration for the program as
are found by the Secretary of transportation of the official to whom he
delegates specific authority to give reasonable guarantees that it, other
soonsors, subgrantees, contractors, subcontractors, transferees, successors
in interest, and other participants of Federal financial assistance under
such program will comply with all requirements imposed or pursuant to the
act, the Regulations, and this assurance.
8. It agrees that the United States has a right to seek judicial
enforcement with regard to any matter arising under the Act, the
Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining
Federal financial assistance for this Project and is binding on its
contractors, the Sponsor, subcontractors, transferees, successors in
interest and other participants in the Project. The person or persons whose
signatures apcear below are authorized to sicn this assurance on behalf of
the Sponsor.
DATED September 28, 1998
Yakima Air Terminal -
McAllister Field
By
(Sccnscr)
(Signature of Authorized Official)
Bob Clem, Airport Manager
r
CONTRAC"I'OR CONTRACTUAL RCO(JLRENT ENTS
ATrAcIIM :NT 1
During the pet -lin -mance of this contract (Inc contractor. for tt,elf iN assignees and sincr,,nrs in nrterest
(Itereinalter referred to as the 'contractor-) agrees as follow,.
I Compliance with Regulations rite contractor lira!! comp!, tyifli lite regul-rtuur, rrla[nc to
nnndrscrnuut.trnn ut federally assisted programs of the Department til Transportation thereinafter. "DOT
Title J4. (_ode of Federal Regulation,, !'art 21. as [het niav be amended from time to tune (hereinafter
referred to as the Rel_fulatie,nsi, aloe!! are herein incorporated by referrncr and made a bort of this
contract
2. Nondiscrimination_ The contractor, tcitlr regard to the mirk performed by it (luno_ the contract.
shall not discriminate on the grounds of race. color, or national origin in the selection and re(enUon of
subcontractors, including procurements of materials and leases of equipment. the contractor shall not
participate either directlt of indirectlr in the discrimination prohibited by section 21.5 of the Regulations.
including enrplutn,ent practices tehen the contract covers a program set forth in Appendix II of the
Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equinment In all
solicitations either bt coatpetitise budding ur negotiation made by the contractor for tvorl. to be performed
under a subcontract. including procurements of materials or lease of equipment, each potential
subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this
contract and the Regulations relative to nondiscrimination on the grounds of race. color or national origin
!. Information and Reports. The contractor shall provide all information and reports required b} the
Regulations or directives issued pursuant thereto and shall permit access to its books. records, accounts.
other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation
Administration (F..AI to be pertinent to ascertain compliance tvith such Regulations, orders. and
instructions. ‘Vhere ant information required of a contract is in the exclusive possession of another tvpo
fails or refuses to furnish this information, the contractor shall so certify to the sponsor ur the FAA. as
appropriate. and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the eFeitt of the contractor's noncompliance mtlh the
nondiscrimination prntisions of this contract. the sponsor shall impose such contract sanctions as it or the
FA.A neat determine to be appropriate, including, but not limited to:
a. ‘,itlilioldrng of patnten(s to the contractor under the contract until the contractor complies
and/or
b Cancellation. termination. or suspension of the contract, in whole or in part
6. incorporation of Provisions. The contractor stall include the prutistons of paragraphs ! tirrouglr
in every subcontract including procurements of materials and leases ill -equipment. unless exempt bt the
Regulation, or dirrctites issued pursuant thereto. The contractor shall take such action <<uln respect to ittt
subcontract or procurement as the sponsor or the FAA may direct as .t paeans of enfurcni_ such prntn,ron,
tncludtug sanctions for uunLunrphatIce Protrded_ !limner, that in the etent a contractor hei.oi nes itt()Ned
tn. of is threatened unlit. It(tz.atiun %nth a subcontractor or supplier as a result ut such direction the
contractor that request the Sponsor to enter into such litigation to protect the interest, ul the sponsor and
in addition, the contractor roar request the l nited States to enter into such litigation (u protect the interest
of the 1_ tilted States.
CLAUSES FOR DEEDS, LICENISES, LEASES, I'ERMrr;S OR SIMILAR ms-i-RUMENTS
/CITACI IM ENT 2
111e Inlln%%ur^ 0.111:NCS ,I1.11l Ire ritclu(letf nt deeds. hien,(_\, le:ucs. permits. lir ::,tintl.tr utstrunients (Mkt cd
Mk; bx the C)ftonsnr pursuant to the prnxrnionS cif-\stiur:rnees 5(a1 ,tad 5lht
I he (gr.tntee. licensee. pernntlee. etc.. as approprtatel for himself. his heirs personal
representatives. successors 111 tntcrest. and assigns. as a part of the consideration hereof
clues hereby euxen.utt and agree len the case of deeds and leases add '.0 a Cn'etl:Int
running with the land") (flat in th•r exetit facilities are constructed. tu,unl.tutcd nr
otlteniise operated on the said property described ut this (deed license. lease permit. etc
for a purpose fur «Inch a DOT pr•,,rani or .tCtixity is extended or for another purpose
iiix(,lxing the provision of Similar ,en ices or benefits. the (grantee. licensee. lesser.
perittittee. etc.) skill maintain and operate such facilities and sen -ices in compliance with
all other requirements imposed prtrSuant to -19 CFR Part 21. Nondiscrimination in
Federallx Assisted Programs of tlac Department of Transportation. and as said Regulations
may lie amended.
The (grantee. licensee. lessee. permitter, etc.. as appropna[ei for himself. his heirs
personal representatixes. successors in interest. and assigns. as a part of the u,nsideration
hereof. does Hereby covenant and agree tin the case of deeds :rid leases add -as a cnenan(
runnictg xiitli the land") that t1) no person on the grounds of race. color or national
origin shall he excluded from participation in. dented the benefits of. or be othermsr
subjected to discrimination its the use of said facilities, (2) that in the construction of an_,,
oxer-, or udder suc!: 1.Ott :i id the furnishing of ser-•ires thereon no
;r rinds ul race. cotur. ,r n.itt•,n.tl origin shall he excluded from
participation in. denied the benefits of. or otltenxise be subjected to discrimination. (i)
that the (grantee, licensee. permittee, etc.) shall use the premises in compliance xtitlt all
other requirements imposed by or pursuant to 49 CFR Part 21. Nondiscrimination in
Federally assisted Programs of the Department of Transportation. and as said Regulations
n(av he amended.
AIRPORT:
LOCATION:
PROJECT TITLE.
AIP PROJECT NO:
AIRPORT IMPROVEMENT PROGRAM PROJECTS:
Yakima Air Terminal - McAllister Field (YKM)
Yakima, Washington 98903
Terminal Building Renovation, Phase II - Concourse
AIP 3-53-0089-18
STATEMENTS APPLICABLE TO THIS PROJECT.
X a. INTEREST OF NEIGHBORING COMMUNITIES. In formulating this project, consideration has
been given to the interest of communities that are near the Yakima Air Terminal.
X b THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned
land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal,
State, or Local jurisdiction.
X c. FBO COORDINATION. The airport development proposed in this project has been coordinated with
the Fixed Base Operator(s) utilizing the Yakima Air Terminal, and they have been informed
regarding the scope and nature of this project.
X d. THE PROPOSED PROJECT IS CONSIS PENT with existing approved plans for the area
surrounding the airport.
The above statements have been duly considered and are applicable to this project. (Provide comment for any statement
not checked.)
BY
Bob Clem
TITLE Airport Manager
SPONSORING AGENCY
Terminal - Phase II - Concourse, Project Narrative
Submitted by Jerry G Kilpatrick, Airport Supervisor
DATE
Yakima Air Terminal Board
2400 West Washington Avenue
Yakima, Washington 98903
Telephone (509) 575-6149
FAX (509) 575-6185
4
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and
belief, that:
1. No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any agency, a
Member of Congress, and officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of
any Federal Contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal Contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL "Disclosure of Lobby Activities", in
accordance with it's instructions.
3. The undersigned shall require that the language of this
certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submissions of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31,
U.S. Code. Any person who fails to file the required certifigation
shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Sponsors Authorized Representative:
Signed:
Title: Bob Clem, Airport Manager
Date:
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Alternate I.
Grantee: Yakima International Airport (YKM), Yakima, WA.
A. The Yakima international Airport Terminal Board of Directors certifies that it
will continue to provide a drug-free workplace by:
(a)
Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibition.
(b) Establishing an ongoing drug-free awareness program to inform employees
about:
(1) The dangers of drug abuse in the workplace,
(2) The Airport's policy of maintaining a drug-free workplace;
(3)
Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace
(c) Making it a requirement that such employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as
a condition of employment under the grant, the employee will
(1) Abide by the terms of the statement, and
(2) Notify the grantee in writing of his or her conviction for a vidtation of
a criminal drug statue occurring in the workplace no later than five
calendar days after such conviction
(e) Notifying the agency in writing, within ten calendar days after receiving
notice under paragraph (d)(2) from an employee or otherwise receiving
actual notice of such conviction Employers of convicted employees must
provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt
of such notices. Notices shall include the identification number(s) of each
affected grant.
(f) Taking one of the following actions, within 30 calendar days of receiving
notice under paragraph (d)(2), with respect to any employee who is so
convicted:
(g)
(1)
Taking appropriate personnel action against such an employee, up
to and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by
a Federal, State, or local health, law enforcement, or other
appropriate agency.
Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant.
Place of Performance:
Yakima International Airport (YKM)
2400 West Washington Avenue
Yakima, Washington 98903
Yakima County, State of Washington
Ydied)
Bob Clem, Airport Manager
Yakima International Airport
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. % 5
For Meeting of July 6, 1999
ITEM TITLE: Resolution ratifying an Application for Federal Assistance and Standard DOT Title
VI Assurances, and authorizing the execution and acceptance of a Grant
Agreement for Federal Assistance and Certificate of Sponsor's Attorney between
the Federal Aviation Administration and the City of Yakima and Yakima County.
SUBMITTED BY: Bob Clem, Airport Manager
CONTACT PERSON/TELEPHONE: Bob Clem, 575-6149
SUMMARY EXPLANATION: This grant has been awarded to the City of Yakima and the
County of Yakima to complete the terminal construction project at the Yakima Air Terminal—
McAllister Field.
Resolution X Ordinance
Funding Source
Contract X Other(Specify)
APPROVED FOR SUBMI1"1'AL:
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-99-90
(1k)agenda/airport grant for construction projectalp