HomeMy WebLinkAboutR-2004-087 Federal Grant Acceptance & Agreement (Yakima Air Terminal)CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION
Resolution No. R-2004- 87 Resolution 367-2004
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, Washington, and the County of Yakima,
Washington.
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 May 28, I, 2004 for a grant of federal
funds for projects at the Yakima Air Terminal, which Application and Standard DOT Title VI Assurances,
as approved by the FAA under project number 3-53-0089-025 (the "Project"), is hereby incorporated
herein and made a part hereof; and
WHEREAS, the FAA has approved the following projects:
Acquire Aircraft Rescue and Firefighting (ARFF) vehicle; Improve Runway 9 runway protection
zone by relocating West Washington Avenue, including land acquisition, Parcel 81; C000nstruct
two aprons, including revising the Airport Layout Plan (ALP).
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, up to ninety (95%) 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) 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 the Standard DOT Title VI Assurances both dated May 28, 2004, on their behalf by
Jerry G. Kilpatrick, Assistant Airport Manager, and that they jointly and severally adopt
and ratify the representations and assurances contained therein, and; it is understood that
the word "Sponsor" as used in the project application and other assurances is deemed to
include the City of County, Washington and the County of Yakima, Washington.
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.
Joint Resolution - AIP-25
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Application for Federal Assistance and Standard DOT Title VI Assurances dated May 28,
2004, executed by Jerry G. Kilpatrick, Assistant Airport Manager, are hereby ratified. A true copy of such
Application and Standard DOT Title VI Assurances are attached hereto and incorporated herein; and, it is
understood 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, 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 22ndlay of June
ATTEST: Karen S. Roberts, City Clerk
Joint Resolution - AIP-25
, 2004.
Paul George, Mayor, City of Yakima
BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS:
The Application for Federal Assistance and Standard DOT Title VI Assurances dated May 28,
2004, executed by Jerry G. Kilpatrick, Assistant Airport Manager, are hereby ratified. A true copy of such
Application and Standard DOT Title VI Assurances are attached hereto and incorporated herein; and, it is
understood 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, 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.
,.4d
Dated this 1.), day of , 2004.
ATTEST:
jtAitn4-- akiAtki
Clerk of tig,d Board
Jennifer Adams
Deputy Clerk of the Board
Joint Resolution - AIP-25
Ronald F. Gamache, Commissioner
esse S. Palacios, Commissioner
Constituting the Board of County Commissioners for
Yakima County, Washington
.1, lA AI T
VicAL LISTER FIE
CITECEIVED
Y OF AKIIb7A
JUN 1 4 2004
FACITY COUNCIL
2400 West Washington Ave. n Yakima, Washington 98903 s (509) 575-6149 (509) 575-6185 Fax
June 14, 2004
City of Yakima
Yakima City Council
129 North 2nd. Street
Yakima, Washington 98901
Dear Council Members:
The Federal Aviation Administration has offered a Grant in the amount of $1,814,666 as reimbursement
for three separate projects at the airport. They are: Purchase of a Aircraft Rescue and Firefighting (ARFF)
vehicle for Fire Station #94; runway 9 runway protection zone improvements (relocation of West
Washington Avenue including the purchase of land), and, construction of two general aviation/air freight
ramps.
The Yakima Air Terminal Board requests the Council adopt the attached resolution authorizing the City
Manager and City Attorney to sign the enclosed Federal Aviation Administration Grant Agreement and
Certificate of Sponsors Attorney, and ratify the signature of Jerry G. Kilpatrick, Assistant Airport
Manager, on the Grant Application. As you may recall from previous such resolutions, this is a formality
required by the FAA. We respectfully request this action be taken at your June 22, 2004 City Council
meeting.
The Yakima County Commissioners have also been requested to consider this resolution at their meeting on
the same date.
Thank you for your consideration in this matter.
Bob Clem
Airport Manager
Joint Resolution - AIP-25
CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION
Resolution No. R-2004- 87 Resolution #
A JOINT RESOLUTION OF THE CITY OF YAIUMA 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, Washington, and the County of Yakima,
Washington.
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 May 28,1, 2004 for a grant of federal funds for projects
at the Yakima Air Terminal, which Application and Standard DOT Title VI Assurances, as approved by the
FAA under project number 3-53-0089-025 (the "Project"), is hereby incorporated herein and made a part
hereof; and
WHEREAS, the FAA has approved the following projects:
Acquire Aircraft Rescue and Firefighting (ARFF) vehicle; Improve Runway 9 runway protection
zone by relocating West Washington Avenue, including land acquisition, Parcel 81; C000nstruct two
aprons, including revising the Airport Layout Plan (ALP).
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, up to
ninety (95%) 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) 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 the
Standard DOT Title VI Assurances both dated May 28, 2004, on their behalf by Jerry G.
Kilpatrick, Assistant Airport Manager, and that they jointly and severally adopt and ratify
the representations and assurances contained therein, and; it is understood that the word
"Sponsor" as used in the project application and other assurances is deemed to include the
City of County, Washington and the County of Yakima, Washington.
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,
Joint Resolution-AIP-25
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Application for Federal Assistance and Standard DOT Title VI Assurances dated May 28, 2004,
executed by Jerry G. Kilpatrick, Assistant Airport Manager, are hereby ratified. A true copy of such
Application and Standard DOT Title VI Assurances are attached hereto and incorporated herein; and, it is
understood 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, 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 22nday of June , 2004.
Paul George, Mayor, City of Yakima
ATTEST: Karen S. Roberts, City Clerk
Joint Resolution - AIP-25
BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS:
The Application for Federal Assistance and Standard DOT Title VI Assurances dated May 28, 2004,
executed by Jerry G. Kilpatrick, Assistant Airport Manager, are hereby ratified. A true copy of such
Application and Standard DOT Title VI Assurances are attached hereto and incorporated herein; and, it is
understood 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, 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.
Dated this day of , 2004.
James M. Lewis, Chair, Yakima County Commissioners
Ronald F. Gamache, Commissioner
Jesse S. Palacios, Commissioner
Constitutes the Board of County Commissioners for
Yakima County, Washington
ATTEST:
Clerk of the Board
Joint Resolution - AIP-25
June 14, 2004
City of Yakima
Yakima City Council
129 North 2nd. Street
Yakima, Washington 98901
Dear Council Members:
The Federal Aviation Administration has offered a Grant in the amount of $1,814,666 as reimbursement for
three separate projects at the airport. They are: Purchase of a Aircraft Rescue and Firefighting (ARFF)
vehicle for Fire Station #94; runway 9 runway protection zone improvements (relocation of West Washington
Avenue including the purchase of land), and; construction of two general aviation/air freight ramps.
The Yakima Air Terminal Board requests the Council adopt the attached resolution authorizing the City
Manager and City Attorney to sign the enclosed Federal Aviation Administration Grant Agreement and
Certificate of Sponsors Attorney, and ratify the signature of Jerry G. Kilpatrick, Assistant Airport Manager,
on the Grant Application. As you may recall from previous such resolutions, this is a formality required by
the FAA. We respectfully request this action be taken at your June 22, 2004 City Council meeting.
The Yakima County Commissioners have also been requested to consider this resolution at their meeting on
the same date.
Thank you for your consideration in this matter.
Sincerely,
Bob Clem
Airport Manager
Joint Resolution - AIP-25
Section 1
FAA Grant Agreement
Joint Resolution - AIP-25
0
U.S. Department of Transportation
Federal Aviation Administration
Page 1 of 6 pages
Grant Agreement
Part 1 - Offer
Date of Offer: June 9, 2004
Yakima Air Terminal/McAllister Field Airport
Yakima, Washington
Project Number: 3-53-0089-025
Contract Number: DOT-FAO4NM-0028
To: Yakima County, Washington and the City 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 May 28, 2004, for a grant
of Federal funds for a project at or associated with the Yakima Air Terminal/McAllister Field Airport
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:
Acquire Aircraft Rescue and Firefighting (ARFF) vehicle; Improve
Runway 9 runway protection zone by relocating West Washington
Avenue, including land acquisition, Parcel 81; Construct two
aprons, including revising the Airport Layout Plan (ALP);
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, United
States Code, as amended, herein called "the Act", 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-five (95) 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
$1,814,666.00. For the purposes of any future grant amendments which may increase
the foregoing maximum obligation of the United States under the provisions of Section
47108(b) of the Act, the following amounts are being specified for this purpose:
$ 0.00 for planning
$1,814,666.00 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 the Act.
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.
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 9, 2004, 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
FAA Form 5100-37 PG 2 (10-89)
Page 3 of 6 pages
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 mutually understood and agreed that if, during the life of the project, the FAA
determines that the maximum grant obligation of the United States exceeds the
expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is
greater, the maximum obligation of the United States can be unilaterally reduced by
letter from the FAA advising of the budget change. Conversely, if there is an overrun
in the total actual eligible and allowable project costs, FAA may increase the maximum
grant obligation of the United States to cover the amount of the overrun not to exceed
the statutory percent limitation and will advise the sponsor by letter of the increase. It
is further understood and agreed that if, during the life of the project, the FAA
determines that a change in the grant description is advantageous and in the best
interests of the United States, the change in grant description will be unilaterally
amended by letter from the FAA. Upon issuance of the aforementioned letter, either
the grant obligation of the United States is adjusted to the amount specified or the
grant description is amended to the description specified.
10. It is understood and agreed that Yakima County, Washington and the City of Yakima,
Washington authorized the execution of the Application for Federal Assistance dated
May 28, 2004, on their behalf by Jerry Kilpatrick, Assistant Airport Manager, Yakima Air
Terminal/McAllister Field Airport, 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 Yakima County, Washington and the City of Yakima, Washington.
11. The Sponsor agrees to request cash draw downs on the letter of credit only when
actually needed for its disbursements and to timely reporting of such disbursements
as required. It is understood that failure to adhere to this provision may cause the
letter of credit to be revoked.
12. It is understood and agreed by and between the parties hereto that notwithstanding
the fact that this Grant Offer is made and accepted upon the basis of the current
Exhibit "A" Property map, the Sponsor hereby covenants and agrees that upon
completion of the land acquisition in this project, it will update said Exhibit "A"
Property map to standards satisfactory to the FAA and submit said documentation in
final form to the FAA. It is further mutually agreed that the reasonable cost of
developing said Exhibit "A" Property Map is an eligible administrative cost for
participation within the scope of this project.
FAA Form 5100-37 PG 3 (10-89)
Page 4 of 6 pages
13. Unless otherwise approved by the FAA, the Sponsor 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.
14. It is understood and agreed by and between the parties hereto that this Grant Offer is
made and accepted based on estimates for the Runway 9 safety area improvements
and the ARFF vehicle; and the parties hereby covenant and agree that within 180 days
from the date of acceptance of this Grant Offer, the Sponsor shall advertise for bids
for the Runway 9 safety area improvements and the ARFF vehicle contained within the
grant description.
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 the Act
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... &ZZ‘.):e
Carol Key, Acti g Mager,
Seattle Airports District Office
Part 11 - Acceptance
The Sponsor does hereby ratify and adopt 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 , 2004.
(SEAL) By
Attest:
Title:
Yakima County, Washington
Sponsor's Designated Official Representative
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 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 the Act. 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 , 2004.
Signature of Sponsor's Attorney
FAA Form 5100-37 PG 5 (10-89)
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 , 2004.
City of Yakima, Washington
(SEAL) By
Sponsor's Designated Official Representative
Title:
Attest• Title•
CERTIFICATE OF SPONSOR'S ATTORNEY
1, , 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 , 2004.
Signature of Sponsor's Attorney
FAA Form 5100-37 PG 6 (10-89)
Section 2
FAA Grant Application
Joint Resolution - AIP-25
APPLICATION FOR
FEDERAL ASSISTANCE
2. DATE SUBMITTED
Mav 28,_200
.�.....� .err..,,.., ,..�..,.,-.�-�v-r✓
Applicant Identifier
AIP 3-53-0089-25
1 TTYPE9F'' "".''
4ppfieaiioi Preapplication
>is(tiicfao:.;. ❑ Construction
0 Non -Construction 0 Non -Construction
3. DATE RECEIVED BY STATE
State Application Identifier
4. DATE RECEIVED BY FEDERAL AGENCY
Federal Identifier
5. APPLICANT INFORMATION
Legal Name:
Yakima Mr Terminal Board
Organizational Unit:
Yakima Air Terminal - McAllister Field
Address (give city, county, state, and zip code)
Yakima Air Terminal
2400 West Washington Avenue
Yakima, Washington 98903
(DUNS 17-543-4471)
Name and telephone number of the person to be contracted on matters involving
this application (give area code)
Jerry G. Kilpatrick, Assistant Manager
Telephone (509) 575-6149, FAX (509) 575-6185
email - ykm@nwinfo.net
EMPLOYER
9
IDENTIFICATION
1_
1
NUMBER
1
(EIN):
8
3
8
9
8
7. TYPE OF APPLICANT: (enter appropriate letter in box)
N
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) Part 139 Certificated
Public Airport
8. TYPE OF APPLICATION:
If Revision, enter
A Increase Award
D Decrease
4 New
appropriate letter(s)
B
Duration Other
ili
Decrease
Continuation ii
in box(es):
Award C
(specify)
Revision
❑ ❑
Increase Duration
9. NAME OF FEDERAL AGENCY
Federal Aviation Administration, Seattle ADO
1601 Lind Avenue SW, Renton, WA 98055-4056
10. CATALOG OF FEDERAL DOMESTIC
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
1) Purchase ARFF Vehicle
2) Construct West GA/Air Freight Ramp
3) Relocate West Washington Avenue
ASSISTANCE NUMBER
TITLE: Improvement
2
0
1
0
6
Airport
Program (AIPI
12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.):
Central Washington State, including City and County of
Yakima.
13. PROPOSED PROJECT
14. CONGRESSIONAL DISTRICTS OF
Start Date
6/04
Ending Date
6/05
a. Applicant
Fourth
b. Project
Fourth
15. ESTIMATED FUNDING
16. IS APPLICATION
a. YES,
b. NO
THIS
STATE
DATE:
46,
II
SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS
PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE
EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
PROGRAM IS NOT COVERED BY E. O. 12372
OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
a. Federal
$ 1,814,666 •
b. Applicant
$ 57,509 •
c. State
$
d. Local
$ 420,000 •
e. Other
$
f. Program income
$ .
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
❑ Yes If yes, attach an explanation
A,
No
g. TOTAL
$ 2,292,175 •
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 COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS
AWARDED
a. Typed Name of Authorized Representative
Jerry G. Kilpatrick
b. Title
Assistant Airport Manager
c. Telephone number
509-575-6149
d. Signature of Autho\,,,,ed RepresentatiG'
e. Date Signed
g(//p.fc///bzi
%
Previous Editions No
Usable
Authorized for Local Reproduction
Standard Form 424 (REV 4-88)
Prescribed by OMB Circular A-102
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION
PART II
PROJECT APPROVAL INFORMATION
SECTION A
OMB NO 80.R0184
Item 1
Does this assistance request require State, local,
regional, or other priority rating?
EYes No
Name of Governing Body
Priority
Item 2.
Does this assistance request require State, local
advisory, educational or health clearances?
['Yes No
Name of Agency or Board
(Attach Documentation)
Item 3
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
DYes ®No
(Attach Comments)
Item 4
Does this assistance request require State, local,
regional or other planning approval?
❑Yes No
Name of Approving Agency
Date
Item 5.
Is the proposed project covered by an approved
comprehensive plan?
®Yes ENo
Check One: State
Local
Regional
Airport Master Plan — Airport Administration Office
Item 6.
Will the assistance requested serve a Federal Name of Federal Installation
installation? Federal Population benefiting from Project
❑Yes No
Item 7
Will the assistance requested be on Federal land
or installation?
Name of Federal Installation
Location of Federal Land
EYes No Percent of Project
Item 8
Will the assistance requested have an impact or effect
on the environment?
EYes No
Number of:
Item 9. Individuals
Will the assistance requested cause the displacement of Families
individuals, families, businesses, or farms? Businesses
Yes ®No Farms
Item 10.
Is there other related Federal assistance on this
project previous, pending, or anticipated?
®Yes ❑No
A portion of the West Washington Avenue Relocation Project
will be utilizing grant funds from the Federal Highway
Administration.
FM Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION
PART II — SECTION C
OMB NO -80-R0184
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 the vicinity of the airport:
Airport Safety Overlay Zone included in: 1) Yakima Urban Area Comprehive Zoning Ordinance; Yakima County Zoning
Ordinance; City of Union Gap Zoning Ordinance
2. Defaults. — The Sponsor is not in default on any obligation to the United States or any agency of the United
States Government relative to the development, operation, or maintenance of any airport, except as stated
herewith:
Not in default.
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 the
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 land* which are to be
developed or used as part of or in connection with the Airport subject to the following exceptions,
encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map
designated as Exhibit "A":
Refer to "Exhibit A", Airport Property Map dayed 2/84.
*State character of property interest in each area and list and identify for each all exceptions, encumbrances,
and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas
of land need only be identified here by the area numbers shown on the property map.
FAA Form 5100-100 (4-76)
Page 3a
FAA AC 81-06913
U.S, DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION
OMB NO 80-R0184
PART II — SECTION C (Continued)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such
attorney or title company has determined that the Sponsor holds the above property interests.
(a)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any
construction work under the Project, the following property interest in the following areas of land* on which
such construction work is to be performed, all of which areas are identified on the aforementioned property
map designated as Exhibit "A":
West Washington Relocation Project:
A portion of property adjacent to parcel 78 (to the west) has been purchased in fee for the purpose of right-of-way for the road
relocation. The property map will be amended and submitted to the FAA.
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all
construction work under the Project, the following property interest in the following areas of land* which are to
be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all
of which areas are identified on the aforementioned property map designated as Exhibit "A":
None
5. Exclusive Rights. — There is no grant of an exclusive right for the conduct of any aeronautical activity
at any airport owned or controlled by the Sponsor except as follows:
None
*State character of property interest in each area and list and identify for each all exceptions, encumbrances,
and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas
of land need only be identified here by the area numbers shown on the property map.
FAA Form 5100-100 (4-76)
Page 3b
FAA AC 81.069i 3
U.S. DEPARTMENT OF TRA
AVIATIO
---....� i...L.i.ui..o. n. uvI. OMB NO. 80-R0184
PART III— BUDGET INFORMATION — CONSTRUCTION
SECTION A — GENERAL
1 Federal Domestic Assistance Catalog No.. ........
2. Functional or Other Breakout. ... . ............ .. .....
20-106
.
SECTION B - CALCULATION OF FEDERAL GRANT
Cost Classification
Use only for revisions
Latest Approved
Amount
Adjustment
+ or (-)
Total
Amount
Required
1. Administration Expense
$
$
$ 10,500
2. Preliminary Expense
3. Land, structures, right-of-way
106,030
4. Architectural engineering basic fees (Design under AIP-24)
34,706
5. Other architectural engineering fees
6. Project inspection fees (Ramp)
55,827
7. Land development
8. Relocation Expenses
9. Relocation payments to individuals and businesses
10. Demolition and removal
11. Construction and project improvement
81,050,716
12. Equipment
$614,396
13. Miscellaneous
14. Total (Lines 1 through 13)
$1,872,175
15. Estimated Income (if applicable)
-0-
16. Net Project Amount (Line 14 minus 15)
$1,872,175
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
$1,872,175
20. Federal Share requested of Line 19
$1,814,666
21. Add Rehabilitation Grants Requested (100 percent)
22. Total Federal grant requested (Lines 20 & 21)
81,814,666
23. Grantee share (Ramp and ARFF Truck)
$57,509
24. Other shares (City of Yakima, W. Wash. Ave)
8420,000
25. Total project (Lines 22, 23, & 24)
$2,292,175
AA Form 5100-100 (6-73) SUPERSEDES FM FORM 5100-10 PAGES 1 THRU 7
Page 4
S. DEP
----...._..... ..._..,-..........,..,,,...... OMB NO. 80-R0164
SECTION C - EXCLUSIONS
Classification
26
Ineligible for
Participation
(1)
$
Excluded from
Contingency Provision
(2)
$
a.
b..
c.
d.
e.
f.
g. Totals
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share
$ 57,509
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
57,509
d. Bonds
e. Tax Levies
f. Non Cash
g .Other (Explain) See Remarks below.
h .TOTAL — Grantee share
57,509
28. Other Shares
$420,000
a. State
b. Other
c. Total Other Shares
29. TOTAL
$ 477,509 (*)
SECTION E - REMARKS
(*)Grantee's share of the ARFF Vehicle and West GA/Air Freight Ramp project will be from PFC 9.
Grantee's share of the West Washington Relocation Project will be from airport sponsor contributions to the
project (City/County of Yakima) of approximately $420,000. The total project cost for the W. Washington
Avenue project is approximately $4.2 million dollars. The airport is only participating in a portion of that
project ($720,000).
PART IV PROGRAM NARRATIVE (Attach - See Instructions)
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
FAA AC 75-023
PAGE 5
PART IV
PROGRAM NARRATIVE
PROJECT: Purchase Class 1 Aircraft Rescue and Fire Fighting (ARFF) Vehicle
AIRPORT: Yakima Air Terminal - McAllister Field, Yakima, Washington
1. Objective:
The objective is to equip the airport fire station with an ARFF vehicle capable of meeting the Part 139
Certification requirements.
2. Benefits Anticipated:
The airport's ability to respond to an aircraft accident or incident will be enhanced by providing modern
and dependable aircraft rescue and fire fighting equipment.
3. Approach: (See approved Scope of Work in final Application)
Competitive bidding process based on FAA specifications for a Class 1 ARFF Vehicle.
4. Geographic Location:
Yakima Air Terminal - McAllister Field, Yakima, Washington
5. Justification for Force Account Work: (if applicable)
Bid documents and vehicle specifications are done in-house by airport personnel. Airport personnel also
conduct the pre -delivery inspection at the factory, and acceptance testing upon delivery. Total
administrative (force account) work is estimated at $2,500.
6: Sponsor's Representative: (incl. address & tel. no.)
Jerry G. Kilpatrick, Assistant Manager
Yakima Air Terminal
2400 West Washington Avenue
Yakima, WA 98903
Telephone - 509-575-6149
FAX - 509-575-6185
email; ykm@nwinfo.net
PART IV
PROGRAM NARRATIVE
PROJECT: Construct West General Aviation/Air Freight Ramp
AIRPORT: Yakima Air Terminal - McAllister Field, Yakima, Washington
2. Objective:
Add additional general aviation and air freight ramp space with tie -downs to meet increased aviation
activity.
2. Benefits Anticipated:
Meet increasing demand for general aviation and air freight facilities.
3. Approach: (See approved Scope of Work in final Application)
The airport hired a private engineering consultant to develop the plans and specifications based on FAA
requirements. The competitive bidding process was utilized based on the specifications. Once bids are
opened, the contract will be awarded to the lowest qualified bidder and construction will follow in the
near future.
4. Geographic Location:
Yakima Air Terminal - McAllister Field, Yakima, Washington
5. Justification for Force Account Work: (if applicable)
Airport personnel will monitor the safety and security aspects of the project. One airport operations
employee will be assigned the duty of assuring that Part 139 and Part 1542 requirements are met and to
monitor the contractor's employee and equipment movements. This will include monitoring construction
equipment traffic while in the safety areas and/or movement areas and monitoring vehicle and personnel
access to the AOA. Total administrative and force account work is estimated at 56,000.
6: Sponsor's Representative: (incl. address & tel. no.)
Jerry G. Kilpatrick, Assistant Manager
Yakima Air Terminal
2400 West Washington Avenue
Yakima, WA 98903
Telephone - 509-575-6149
FAX - 509-575-6185
email; ykm@nwinfo.net
PART IV
PROGRAM NARRATIVE
PROJECT: Relocation of West Washington Avenue
AIRPORT: Yakima Air Terminal - McAllister Field, Yakima, Washington
3. Objective:
The objective of this project is to remove a section of West Washington Avenue, a major arterial, out of
the existing Runway Protection Zone (RPZ), and, as far as practical out of the future RPZ.
•
2. Benefits Anticipated:
Both aviation and vehicular safety will be enhanced by moving a major arterial highway out of the
current RPZ. The roadway will be relocated within the future RPZ, however, it will be located as far as
practical to the outer portion of the RPZ.
3. Approach: (See approved Scope of Work in final Application)
The City of Yakima's intent is to reconstruct W. Washington Avenue from a two Iane to a five lane
roadway to increase traffic flow and safety. Estimated construction costs for the entire project is $4.2
million. The existing alignment passes through the current RPZ to runway 09. At the request of the
airport, they have agreed to relocate the roadway, with financial participation from the Airport, out of the
RPZ and as far as practical out of the future RPZ. When constructed, the old alignment will be scarified
and removed, then it will revert to the airport for airport uses.
4. Geographic Location:
Yakima Air Terminal - McAllister Field, Yakima, Washington
5. Justification for Force Account Work: (if applicable)
A minimal amount of contract monitoring, submitting pay requests and auditing will be required by
airport personnel. Total administrative and force account work is estimated at $2,000.
6: Sponsor's Representative: (incl. address & tel. no.)
Jerry G. Kilpatrick, Assistant Manager
Yakima Air Terminal
2400 West Washington Avenue
Yakima, WA 98903
Telephone - 509-575-6149
FAX - 509-575-6185
email; ykm@nwinfo.net
CIP/PREAPPLICATION DATA SHEET
AIRPORT: Yakima Air Terminal (YKM) LOCAL PRIORITY:
WORK ITEM: West GA/Air Freight Ramp Construction
UPDATED: May 28, 2004
SPONSOR SIGNATURE:
COST ESTIMATE:
ADMINISTRATION:
ENGINEERING:
INSPECTION:
ADO USE:
PREAPP
NO:
4)612'
Item (Excavation, Paving, etc.)
DAlE: 51Z-T/Dzi
$ $6,000
1: Construction
$436,746
$
4:
$
$ $34,706
2:
$
5:
$
$ $55,827
3:
$
TOTAL:
$ $533,279
GRANT
NO:
ADO- Form Ala Page 6
NPIAS
CODE:
WORK
CODE:
FAA
PRIOR:
FED $
CIP/PREAPPLICATION DATA SHEET
AIRPORT: Yakima Air Terminal (YKM) LOCAL PRIORITY:
WORK ITEM: West Washington Avenue Relocation
LIGHTING •Hi~(GHT
RESTRICT atiy
UPDATED: May 28, 2004
V;'%SH:rCtii3VOP:.AVEc.�R,':'A: i,4,1 .^~..��T-R d 1,4Y
cif OF..V4j`;'' 4� " ?'i
VA • � .::.iID''i`:.E?c;W;; ON
M4
.k'teiftt:
3. 3t•arar>i3;�E�c 3.
,9. 1iat5t. •
7,t.., n .
Mbuni 'M
aa.' 5t, t:1313t
ta: We-st
SPONSOR SIGNATURE:
DATE: 512gAz./
COST ESTIMATE: $720,000 Item (Excavation, Paving, etc.)
ADMINISTRATION:
ENGINEERING:
INSPECTION:
ADO USE:
PREAPP
NO:
$ $2,000
1:
Construction
$ $613,970
4:
$
$
2:
Right -of -Way
$
$106,030
5:
$
$
3:
$
TOTAL:
$ $722,000
GRANT
NO:
ADO- Form Ala Page 6
NPIAS
CODE:
WORK
CODE:
FAA
PRIOR:
FED $
ASSURANCES Appendix 1
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 assurances regarding Exclusive Rights and Airport Revenue
so long as the airport is used as an airport. There shall be no limit on the duration of 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 Undertaken 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..
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.1
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
Airport Assurances (9/99) 1
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 seq.1 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.
470(0.1
0. 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.
i. Clean Air Act, P.L. 90-148, as amended.
j. 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
I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(0)
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq. 1
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1
t. Copeland Antikickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity)
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction)
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement 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
work financed in whole or part by loans or grants from the United States.'
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts
covering federally financed and assisted construction (also labor standards
provisions applicable to non -construction 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
cooperative agreements to state and local governments.3
Airport Assurances (9/99) 2
Appendix 1
49 CFR Part 20 - New restrictions on lobbying.
j. 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 Disadvantage Business Enterprise in
Airport Concessions.
49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.1 2
m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
m. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.1
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.1
o. 49 CFR Part 29 — Government wide debarment and suspension (non -
procurement) and government wide requirements for drug-free workplace
(grants).
p. 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.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.1
Office of Management and Budget Circulars
a. A-87 — Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b. A-133 - Audits of States, Local Governments, and Non -Profit
Organizations
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 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.
Airport Assurances (9/99) 3
Appendix 1
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, a public agency or the Federal government, 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
mariner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise 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.
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.
Airport Assurances (9/99) 4
Appendix 1
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.
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 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 and 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
Airport Assurances (9/99) 5
Appendix 1
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 shall 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 $2,000 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
Airport Assurances(9/99) 6
Appendix 1
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:
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 Secretary to approve any pending or future application for a
Federal airport grant.
19. 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 non -aeronautical 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
Airport Assurances (9/99) 7
Appendix 1
(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, flood
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, to the extent reasonable, including
the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. 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 the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities offering
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 -
(e) 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,
Airport Assurances (9/99) 8
Appendix 1
Appendix 1
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, firm, or corporation operating aircraft on the airport from
performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling] that it may
choose to perform.
g.
In the event the sponsor itself exercises any of the rights and privileges
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.
i. 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:
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 existing at such an airport before
the grant of any assistance under Title 49, United States Code.
24. 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 Assurances (9/99) 9
Appendix 1
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.
a. 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.
b. 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.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States Code.
26. 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;
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:
(1) all amounts paid by the airport to any other unit of government and
the purposes for which each such payment was made; and
Airport Assurances (9/99) 10
Appendix 1
(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 multiplied by gross weights of such aircraft) is in excess of five
million pounds.
28. 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, taxiways, aprons, terminal buildings, hangars
and roads), including all proposed extensions and reductions of existing
airport facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such airport
layout 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 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 all costs of restoring such property
Airport Assurances (9/99) 11
Appendix 1
(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. (32)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
Airport Assurances 9/99) 12
Appendix 1
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.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to
fund 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
7/1/99 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 D 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.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of any DOT -assisted
contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.
The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to
ensure non discrimination in the award and administration of DOT -assisted contracts. The
recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801).
Airport Assurances (9/99) 13
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Updated on: 7/1199
The following apply to both AIP and PFC Projects
NUMBER TITLE
70/7460-1J
150/5000-13
150/5210-5B
150/5210-7B
150/5210-13A
150/5210-14A
150/5210-15
150/5210-18
150/5210-19
150/5220-4B
150/5220-10B
150/5220-13B
150/5220-16B
150/5220-17A
150/5220-18
150/5220-19
150/5220-20CHG 1
150/5220-21A
150/5300-13 CHG 1,
2, 3, 4, 5
150/5300-14
150/5320-5B
150/5320-6D
150/5320-12C
150/5320-14
150/5320-16
150/5325-4A CHG 1
150/5340-1G
150/5340-4C
CHG1&2
150/5340-5B CHG 1
150/5340-14B
CHG 1&2
150/5340-17B
150/5340-18C CHG
150/5340-19
150/5340-21
150/5340-23B
150/5340-24 CHG 1
150/5340-27A
150/5345-3D
150/5345-5A
Obstruction Marking and Lighting
Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and
Recommended Requirements for Airport Surface Movement Sensors
Painting, Marking and Lighting of Vehicles Used on an Airport
Aircraft Fire and Rescue Communications
Water Rescue Plans, Facilities, and Equipment
Airport Fire and Rescue Personnel Protective Clothing
Airport Rescue & Firefighting Station Building Design
Systems for Interactive Training of Airport Personnel
Driver's Enhanced Vision System (DEVS)
Water Supply Systems for Aircraft Fire and Rescue Protection
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles
Runway Surface Condition Sensor Specification Guide
Automated Weather Observing Systems for NonFederal Applications
Design Standards for Aircraft Rescue Firefighting Training Facilities
Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
Materials
Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles
Airport Snow and Ice Control Equipment
Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
Airport Design
Design of Aircraft Deicing Facilities
Airport Drainage
Airport Pavement Design and Evaluation
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement
Surfaces
Airport Landscaping for Noise Control Purposes
Airport Pavement Design for the Boeing 777 Airplane
Runway Length Requirements for Airport Design
Standards for Airport Markings
Installation Details for Runway Centerline Touchdown Zone Lighting Systems
Segmented Circle Airport Marker System
Economy Approach Lighting Aids
Standby Power for Non -FAA Airport Lighting Systems
1 Standards for Airport Sign Systems
Taxiway Centerline Lighting System
Airport Miscellaneous Lighting Visual Aids
Supplemental Wind Cones
Runway and Taxiway Edge Lighting System
Air -to -Ground Radio Control of Airport Lighting Systems
Specification for L821 Panels for Remote Control of Airport Lighting
Circuit Selector Switch
150/5345-7D
CHG1
150/5345-10E
150/5345-12 C
150/5345-13A
150/5345-26B
CHG1&2
150/5345-27C
150/5345-28D CHG
150/5345-39B CHG
150/5345-42C CHG
1
1
1
150/5345-43E
150/5345-44F CHG 1
150/5345-45A
150/5345-46A
150/5345-47A
150/5345-49A
150/5345-50 CHG 1
150/5345-51
CHG1
150/5345-52
150/5345-53A
(incl. addendum)
150/5360-9
150/5360-12A
150/5360-13 CHG 1
150/5370-2C
150/5370-10A
CHG 1, 2, 3, 4, 5, 6,7
8, 9
150/5390-2A
150/5390-3
NUMBER
150/5100-14C
150/5200-30A
CHG 1 & 2
150/5200-33
150/5300-15
150/5370-11 CHG 1
150/5370-12
150/5370-6B
NUMBER
150/5000-12
Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
Specification for Constant Current Regulators Regulator Monitors
Specification for Airport and Heliport Beacon
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport
Lighting Circuits
Specification for L823 Plug and Receptacle, Cable Connectors
Specification for Wind Cone Assemblies
Precision Approach Path Indicator (PAPI) Systems
FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers
Specification for Airport Light Bases, Transformer Housings, Junction Boxes and
Accessories
Specification for Obstruction Lighting Equipment
Specification for Taxiway and Runway Signs
Lightweight Approach Light Structure
Specification for Runway and Taxiway Light Fixtures
Isolation Transformers for Airport Lighting Systems
Specification L854, Radio Control Equipment
Specification for Portable Runway Lights
Specification for Discharge -Type Flasher Equipment
Generic Visual Glideslope Indicators (GVGI)
Airport Lighting Equipment Certification Program
Planning and Design of Airport Terminal Facilities at NonHub Locations
Airport Signing & Graphics
Planning and Design Guidance for Airport Terminal Facilities
Operational Safety on Airports During Construction
Standards for Specifying Construction of Airports
Heliport Design
Vertiport Design
The following apply to AIP Projects only
TITLE
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
Airport Winter Safety and Operations
Hazardous Wildlife Attractants On or Near Airports
Use of Value Engineering for Engineering Design of Airport Grant Projects
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
Quality Control of Construction for Airport Grant Projects
Construction Progress and Inspection Report -Airport Grant Program
The following apply to PFC Projects only
TITLE
Announcement of Availability - Passenger Facility Charge (PFC) Application (FAA Form
5500-1)
STANDARD DOT TITLE VI ASSURANCES
The Yakima Air Terminal Board (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 or
operated in compliance with all requirements of the Regulations.
2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and
the Regulations.
3. Where Federal financial assistance is received to construct a facility, or part of a facility, the
assurance shall extend to the entire facility and facilities operated in connection therewith.
4. Where Federal financial assistance is in the form or for the acquisition of real property or an
interest in real property, the assurance shall extend to rights to space on, over, or under such property.
5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant
running with the land, in any future deeds, leases, permits, Iicenses, and similar agreements entered
into by the Sponsor with other parties:
(a) for the subsequent transfer of real property acquired or improved with Federal financial
assistance under this project; and
(b) for the construction or use of or access to space on, over, or under real property acquired or
improved with Federal financial assistance under this Project.
6. This assurance obligates the Sponsor for the period during which Federal financial assistance is
extended to the program, except where the 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.
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 sponsors, 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
appear below are authorized to sign this assurance on behalf of the Sponsor.
DATED May 28, 2004
Jerry G. Kilpatrick, Assistant Manager
(Sponsor)
re of Authorized Official)
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter,
"DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a
part of this contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. the contractor shall not
participate either directly of indirectly in the discrimination prohibited by section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or 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.
4. Information and Reports. The contractor shall provide all information and reports required by
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 (FAA) to be pertinent to ascertain compliance with such Regulations,
orders, and instructions. Where any information required of a contract is in the exclusive possession
of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor
or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or
the FAA may determine to be appropriate, including, but not limited to:
a. Withholding of payments 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 shall include the provisions of paragraphs 1 through
5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by
the Regulations or directives issued pursuant thereto. The contractor shall take such action with
respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event
a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a
result of such direction, the contractor may request the Sponsor to enter into such litigation to protect
the interests of the sponsor and, in addition, the contractor may request the United States to enter into
such litigation to protect the interest of the United States.
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits, or similar
instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and
5(b).
1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs,
personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the case of deeds and
leases add "as a covenant running with the land") that in the event facilities are
constructed, maintained, or otherwise operated on the said property described
in this (deed, license, lease, permit, etc.) for a purpose for which a DOT
program or activity is extended or for another purpose involving the provision
of similar services or benefits, the (grantee, licensee, Iessee, permittee, etc.) shall
maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in
Federally Assisted Programs of the Department of Transportation, and as said
Regulations may be amended.
2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his
heirs, personal representatives, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree (in the case of deeds
and leases add "as a covenant running with the land") that: (1) no person on
the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any
improvements on, over, or under such land and the furnishing of services
thereon, no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or otherwise be subjected
to discrimination, (3) that the (grantee, Licensee, permittee, etc.) shall use the
premises in compliance with 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 may be amended.
REQUIRED STATEMENTS
AIRPORT IMPROVEMENT PROGRAM PROJECTS
AIRPORT: Yakima Air Terminal, Yakima, Washington
LOCATION: Yakima Air Terminal
MP PROJECT NO.: AIP-3-53-0089-25
STATEMENTS APPLICABLE TO THIS PROJECT: Construct West GA/Air Freight Ramp, Relocate West Washington Avenue,
and, Purchase ARFF Vehicle.
• a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been
given to the interest of communities that are near (Exact name of airport)Yakima Air Terminal - McAllister
Field.
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.
• c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the
Fixed Base Operator(s) utilizing (Exact name of airport) Yakima Air Terminal - McAllister Field, and they
have been informed regarding the scope and nature of this project.
• d. THE PROPOSED PROJECT IS CONSISTENT 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: 1 DATE: May 28, 2004
TITLE: Jerry Kilpatrick, Kilpatrick, Assistant Manager
SPONSORING AGENCY: Yakima Air Terminal Board
NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the
following specific information concerning the opposition to the project must be furnished.
a. Identification of the Federal, state, or local governmental agency, or the person or persons
b. The nature and basis of opposition; None
c. Sponsor's plan to accommodate or otherwise satisfy the opposition;
d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts
developed at the hearing as they relate to the social, economic, and environmental aspects of the
proposed project and its consistency with the goals and objectives of such urban planning as has been
carried out by the community.
e. If the opponents proposed any alternatives, what these alternatives were and the reason for
nonacceptance;
f. Sponsor's plans, if any, to minimize any adverse effects of the project;
9•
Benefits to be gained by the proposed development; and
h. Any other pertinent information which would be of assistance in determining whether to proceed with the
project.
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, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal Grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby
Activities", in accordance with its 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 subrecipents shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
Signed
Date May 28, 2004
so Authori ed Representative
Title Jerry G. Kilpatrick, Assistant Manager
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Alternate I. (Grantees Other Than Individuals)
A. The grantee certifies that it will or 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 grantee'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 each 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 employer in writing of his or her conviction for a violation of a
criminal drug statute 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;
(1) 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 -
(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;
(g) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f),
B. 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 (Street address, city, county, state, zip code)
Yakima Air Terminal - McAllister Field
2400 West Washington Avenue
Yakima, WA 98903
Check E if there are workplaces on file that are not identified here.
Sign . 1-ofj:-"iltifying icial
Jerry G. Kilpatrick
Title
May 28, 2004
Date
TITLE VI SPONSOR CHECKLIST
Nondiscrimination on the basis of race, color or national origin
Airport/Sponsor: Yakima Air Terminal Board
AIP #: AIP 3-53-0089-25
Project Description(s): Construct West GA/Air Freight Ramp, Relocate W. Wash. Ave,
Purchase ARFF Vehicle
1) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s)
and the conclusions made; EIS data concerning the race, color, or national origin of the affected community;
steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or
national origin.
® None
2) Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor.
Include a summary of the findings.
® None (If "None", continue with questions 3 and 4).
3) Please list any current applications for federal funding (other than FAA) of airport related projects which
exceed the amount for this grant.
❑ The City of Yakima, and Yakima County have applied for State and Federal highway and
economic development funds, as well as in-house contributions, for the West Washington Avenue
Relocation Project.
4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two
years. Include who conducted the review and any findings of noncompliance.
® None
Date:
This checklist is only required for projects that involve one of the following: Environmental Assessment or
Impact Statement (EIS); airport or runway relocation; major runway extension; relocation of any structure of
person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures
or lands of any indigenous or ethnic population.
Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW;
Renton, WA 98055-4056. FAX: (425) 227-1009 Phone (425) 227-2009
For more Title VI information visit the Civil Rights website at
http://www.nw.faa.gov/civilrights/home.htm
U.S. Department of Transportation
Federal Aviation Administration
Page 1 of 6 pages
Grant Agreement
Part 1 - Offer
Date of Offer: June 9, 2004
Yakima Air Terminal/McAllister Field Airport
Yakima, Washington
Project Number: 3-53-0089-025
Contract Number: DOT-FA04NM-0028
To: Yakima County, Washington and the City 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 May 28, 2004, for a grant
of Federal funds for a project at or associated with the Yakima Air Terminal/McAllister Field Airport
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:
Acquire Aircraft Rescue and Firefighting (ARFF) vehicle; Improve
Runway 9 runway protection zone by relocating West Washington
Avenue, including land acquisition, Parcel 81; Construct two
aprons, including revising the Airport Layout Plan (ALP);
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, United
States Code, as amended, herein called "the Act", 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-five (95) 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
$1,814,666.00. For the purposes of any future grant amendments which may increase
the foregoing maximum obligation of the United States under the provisions of Section
47108(b) of the Act, the following amounts are being specified for this purpose:
$ 0.00 for planning
$1,814,666.00 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 the Act.
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.
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 9, 2004, 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
FAA Form 5100-37 PG 2 (10-89)
Page 3 of 6 pages
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 mutually understood and agreed that if, during the life of the project, the FAA
determines that the maximum grant obligation of the United States exceeds the
expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is
greater, the maximum obligation of the United States can be unilaterally reduced by
letter from the FAA advising of the budget change. Conversely, if there is an overrun
in the total actual eligible and allowable project costs, FAA may increase the maximum
grant obligation of the United States to cover the amount of the overrun not to exceed
the statutory percent limitation and will advise the sponsor by letter of the increase. It
is further understood and agreed that if, during the life of the project, the FAA
determines that a change in the grant description is advantageous and in the best
interests of the United States, the change in grant description will be unilaterally
amended by letter from the FAA. Upon issuance of the aforementioned letter, either
the grant obligation of the United States is adjusted to the amount specified or the
grant description is amended to the description specified.
10. It is understood and agreed that Yakima County, Washington and the City of Yakima,
Washington authorized the execution of the Application for Federal Assistance dated
May 28, 2004, on their behalf by Jerry Kilpatrick, Assistant Airport Manager, Yakima Air
Terminal/McAllister Field Airport, 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 Yakima County, Washington and the City of Yakima, Washington.
11. The Sponsor agrees to request cash draw downs on the letter of credit only when
actually needed for its disbursements and to timely reporting of such disbursements
as required. It is understood that failure to adhere to this provision may cause the
letter of credit to be revoked.
12. It is understood and agreed by and between the parties hereto that notwithstanding
the fact that this Grant Offer is made and accepted upon the basis of the current
Exhibit "A" Property map, the Sponsor hereby covenants and agrees that upon
completion of the land acquisition in this project, it will update said Exhibit "A"
Property map to standards satisfactory to the FAA and submit said documentation in
final form to the FAA. It is further mutually agreed that the reasonable cost of
developing said Exhibit "A" Property Map is an eligible administrative cost for
participation within the scope of this project.
FAA Form 5100-37 PG 3 (10-89)
Page 4 of 6 pages
13. Unless otherwise approved by the FAA, the Sponsor 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.
14. It is understood and agreed by and between the parties hereto that this Grant Offer is
made and accepted based on estimates for the Runway 9 safety area improvements
and the ARFF vehicle; and the parties hereby covenant and agree that within 180 days
from the date of acceptance of this Grant Offer, the Sponsor shall advertise for bids
for the Runway 9 safety area improvements and the ARFF vehicle contained within the
grant description.
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 the Act
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...
arol Key, Acting
Seattle Airports ''stri "Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt 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 , 2004.
(SEAL)
Attest:
Title:
By.
Title•
kima County, Wasgton
onsor's Desig
Official Representative
CERTIFICATE OF SPONSOR'S ATTORNEY
1, , 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 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 the Act. 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 .. �- , 2004.
Signa re of Spon .• is Attorney
FAA Form 5100-37 PG 5 (10-89)
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
(SEAL)
22nd
day of
By
JuriP , 2004.
City of Yakima, Washington
Sponsor's Designated Official Representative
Title: R. A. Zais Jr., City Manager
Attest' 2 1'621-64 ) TitleCity Clerk
1,
CERTIFICATE OF SPONSOR'S ATTORNEY
Raymond Paolella
CITY CONTRACT NO: aZL -�
RESOLUT10NN0:
, 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.. . Yakima this 22nd .. day of June , 2004.
Signature of Sponsor's Attorney
FAA Form 5100-37 PG 6 (10-89)
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4t //
For Meeting of. June 22, 2004
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: Bob Clem, 575-6159
EXPLANATION: This grant has been awarded to the City of Yakima and the County of Yakima for
three separate projects at Yakima Air Terminal—McAllister Field as follows: (1) purchase of an Aircraft
Rescue and Firefighting (ARFF) vehicle for Fire Station #94; (2) runway 9 runway protection zone
improvements (relocation of West Washington Avenue including the purchase of land), and; (3)
construction of two general aviation/air freight ramps.
Resolution X Ordinance Contract X Other (Specify)
Mail to (name & address)
Phone:
Funding Source
APPROVED FOR SUBMITTAL
7-4/247
c
Ci Manager
STAFF RECOMMENDATION: Adopt resolution
BOARD RECOMMENDATION:
COUNCIL ACTION•
Resolution adopted. RESOLUTION R-2004-87