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HomeMy WebLinkAboutFederal Aviation Administration - USDOT - Yakima Air Terminal Apron Rehabilitation GRANT 3-53-0089-035-2013COW-0 U.S. Department Of Transportation Federal Aviation Administration Northwest Mountain Region September 16, 2013 Mr. Robert Peterson, MPA Interim Airport Manager 2400 West Washington Ave, Suite B Yakima, WA 98903 Dear Mr. Peterson, MPA: Grant offer for Yakima Air Terminal /McAllister Field Airport Yakima, Washington AIP Project Number: 3 -53- 0089 - 035 -2013 Contract Number: DOT- FA13NM -0096 DUNS Number: 07- 821 -2651 Seattle Airports District Office 1601 Lind Ave SW, Suite 250 Renton, WA 98057 Enclosed is a copy of the subject grant offer in the amount of $773,100.00. Please note that the grant offer must be accepted by the sponsor on or before: Tuesday, September 17, 2013. Please have the appropriate official authorized to execute the Grant Offer sign and date the "Acceptance" with the appropriate official attesting to the execution and affixing the sponsor's corporate seal. The attorney for the sponsor then must execute and date the "Certificate of Sponsor's Attorney" with the date being no earlier than the date of acceptance of the Grant Agreement. This action will certify that the acceptance complies with all applicable local and state laws and constitutes a legal and binding obligation of the sponsor. After execution is completed, please fax (425) 227 -1650 or scan and e-mail a copy of the signed Grant Agreement to your FAA project manager not later than: Tuesday, September 17, 2013, and, also, return an executed copy to this office by mail. All applicable project - related requirements pertaining to environmental analysis and approval for this grant have been met in accordance with the guidelines contained in FAA Order 5050.413, Airport Environmental Handbook. If you have any questions in regard to acceptance of the grant offer, please contact your project manager or this office. Sincerely, Carol Suo Manager, Seattle Airports District Office 140W ra U.S. Department of Transportation Federal Aviation Administration Grant Agreement Part 1 — Offer Yakima Air Terminal /McAllister Field Airport Yakima, Washington Date of Offer: Monday, September 16, 2013 Project Number: 3 -53- 0089 - 035 -2013 Contract Number: DOT- FA13NM -0096 To: 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 7/31/2013, 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: Rehabilitate Apron (Phase 2 - construction) all as more particularly described in the Project Application. FAA Form 5100 -37 PG 1 (10 -89) Page 1 of 12 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, 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, 90.00 percentum of all allowable Project costs. This Offer is made on and subject to the following terms and conditions: Part I - Conditions 1) The maximum obligation of the United States payable under this Offer shall be $773,100.00. 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 $ 773,100.00 For airport development or noise program implementation Please note that this grant offer may be funded all or inpart, with funds from the Small Airport Fund. 2) The allowable costs of the project shall not include any costs determined by the FAA Jo 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. FAA Form 5100 -37 PG 2 (10 -89) Page 2 of 12 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 Tuesday, September 17, 2013, or such subsequent date as may be prescribed in writing by the FAA. 7) The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds :spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination 'of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment to the Secretary. It shall furnish 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. 9) Trafficking in persons: a) Provisions applicable to a recipient that is a private entity. i) You as the recipient, your employees, subrecipients under this award, and sub recipients' employees may not — (1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect; or (3) Use forced labor in the performance of the award or subawards under the award. ii) We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subreceipient that is a private entity — (1) Is determined to have violated a prohibition in paragraph a.1 of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either — (a) Associated with performance under this award; or FAA Form 5100 -37 PG 3 (10 -89) Page 3 of 12, (b) Imputed to your or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. b) Provision °applicable to a recipient other than a private entity. i) We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity— (1) Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either — (a) Associated with performance under this award; or (b) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. c) Provisions applicable to any recipient. i) You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. ii) Our right to terminate unilaterally that is described in paragraph a.2 or b of this, section: (1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104 (g)), and (2) Is in addition to all other remedies for noncompliance that are available to us under this award. iii) You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d) Definitions. For purposes of this award term: i) "Employee" means either: (1) An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or (2) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. ii) "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. FAA Form 5100 -37 PG 4 (10 -89) Page 4 of 12 iii) "Private entity ": (1) Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. (2) Includes: (a) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). (b) A for - profit organization. iv) "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 10)System of Award Management and Universal Identifier Requirements a) Requirement for System of Award Management (SAM) i) Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. b) Requirement for Data Universal Numbering System (DUNS) Numbers i) If you are authorized to make subawards under this award, you: (1) Must notify potential subrecipients that no entity (see definition in paragraph c of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. (2) May knot make a subaward to an entity unless the entity has provided its DUNS number to you. c) Definitions i) For purposes of this award term: (1) System of Award Management (SAM means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at https://www.sam.gov /portal /public /SAMI). . (2) Data 'Universal Numbering System (DUNS) number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D &B) to uniquely identify business entities. A DUNS number may be obtained from D &B by telephone (currently 866 - 705 -5711) or the Internet (currently at http: //fedpov.dnb.com /webform). (3) Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: (a) A Governmental organization, which is a State, local government, or Indian Tribe; (b) A foreign public entity; . (c) A domestic or foreign nonprofit organization, (d) A domestic or foreign for - profit organization; and FAA Form 5100 -37 PG 5 (10 -89) Page 5 of 12 (e) A Federal agency, but only as a subrecipient under an award or subaward to a non - Federal entity. (4) Subaward: (a) This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. (b) The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A- 133, "Audits of States, Local Governments, and Non - Profit Organizations "). A subaward may be provided through any legal agreement, including an agreement that you consider a contract. (5) Subrecipient means an entity that: (a) Receives a subaward from you under this award; and (b) Is accountable to you for the use of the Federal funds provided by the subaward. (c) A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 11)ELECTRONIC GRANT PAYMENT(S): The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for FAA grantees. Each payment request under this grant agreement must be made electronically via the Delphi einvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. The following are the procedures for accessing and utilizing the Delphi einvoicing System. a) Grant Recipient Requirements. i) Grantees must have Internet access to register and submit payment requests through the Delphi einvoicing system unless, under limited circumstances, a waiver is granted by the FAA and DOT under section (c) below. ii) Grantees must submit payment requests electronically and the FAA will process payment requests electronically. b) System User Access. i) Grantees must contact the FAA Airports District/Regional Office and officially submit a written request to sign up for the system. The FAA Office of'Airports will provide the grantee's name, email address and telephone number to the DOT Financial Management Office. The DOT will then invite the grantee via email to sign up for the system and require the grantee to complete two forms. The grantee will complete a web based DOT registration form and download the Proof of Identification form to verify the grantee's identity. ii) The grantee must complete the Proof of Identification form, and present it to a Notary Public for verification. The grantee will return the notarized form to: FAA Form 5100 -37 PG 16 (10 -89) Page 6 of 12 DOT Enterprise Services Center FAA Accounts Payable, AMZ -100 PO Box 25710 Oklahoma City, OK 73125 iii. The DOT will validate the both forms and email a user ID and password to the grantee. Grantees should contact the FAA Airports District/Regional Office with any changes to their system information. Note: Additional information, including access forms and training materials, can be found on the DOT elnvoicing website (hftp://Www.dot.gov/cfo/delphi-einvoicing-system.html). c) Waivers. ,DOT Financial Management officials may, on a case by case basis, waive the requirement to register and. use the electronic grant payment system based on user requests and concurrence of the FAA. Waiver request forms can be obtained on the DOT elnvoicing website (http: / /www.dot.gov/ cfo /delphi- einvoicing- system.html) or by contacting the FAA Airports District /Regional Office. Recipients must explain why they are unable to use or access the Intemet to register and enter payment requests. i) All waiver requests should be sent to the FAA Airports District/Regional Office for concurrence, prior to sending to the Director of the Office of Financial Management, US Department of Transportation, Office of Financial Management, B -30, room W93- 431, 1200 New Jersey Avenue SE, Washington DC 20590 -0001, DOTElectroniclnvoicing(a-)-dot .qov. The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days. ii) If a grantee is granted a waiver, the grantee should submit all hard - copy invoices directly to: DOT /FAA PO Box 25082 AMZ -110 Oklahoma City, OK 73125 FAA Form 5100 -37 PG 7 (10 -89) Page 7 of 12 Special Conditions 1) 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 development and land 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. If the increase in project costs is attributable to planning items, the maximum United States obligation may not be increased. 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 am1'ended 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. 2) In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a) may not be ,increased for a planning project; b) may be increased by not more than 15 percent for development projects; c) may be increased by not more than 15 percent for land projects. 3) The Sponsor agrees to perform the following: a) Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with`the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: i) The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. ii) Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. iii) Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). iv) Qualifications of engineering supervision and construction inspection personnel. v) A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, FAA Form 5100 -37 PG 8 (10 -89) Page 8 of 12 the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. _ vi) Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary are undertaken. b) Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of- tolerance material. An interim test and quality control report shall be submitted,, if requested by the FAA. c) Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d) The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 4) For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as required by Airport Sponsor Assurance Number 11. The Sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: a) Pavement Inventory. The following must be depicted in an appropriate form and level of detail: i) location of all runways, taxiways, and aprons; ii) dimensions; iii) type of pavement, and; iv) year of construction or most recent major rehabilitation. b) Inspection Schedule. i) Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380 -6, "Guidelines and Procedures for Maintenance of Airport Pavements," the frequency of inspections may be extended to three years. FAA Form 5100 -37 PG 9 (10 -89) Page 9 of 12 ii) Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. c) Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below: i) inspection date; ii) location; iii) distress types; iv) maintenance scheduled or performed. (1) For drive -by inspections, the date of inspection and any maintenance performed must be recorded. d) Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. e) Reference: Refer to Advisory Circular 150/5380 -6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. 5) The Sponsor shall provide for an annual audit in accordance with Office of Management and Budget Circular A -133. The Sponsor shall provide one copy of the completed A -133 Audit to the FAA Airports District Office and three copies of the audit to: Federal Audit Clearinghouse, Bureau of the Census, 1201 10th Street, Jeffersonville, IN 47132. 6) Financial Reporting Requirements. The Sponsor agrees to submit a Federal Financial Report (FAA Form SF -425) for all open grants to the Airports District Office within 90 days following the end of each Federal fiscal year and with each Final Project Closeout Report. The sponsor further agrees to submit an Outlay Report and Request for Reimbursement (FAA Form SF -271) or Request for Advance or Reimbursement (FAA Form SF -270 for non - construction projects) to the Airports District Office within 90 days following the end of each Federal fiscal year and with each Final Project Closeout Report. 7) The Sponsor understands and agrees that in accordance with 49 USC 47111, no payments totaling more than 90 percent of United States Government's share of the project's estimated allowable cost may be made before the project is determined to be satisfactorily completed. FAA Form 5100 -37 PG 10 (10 -89) Page 10 of 12 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 0- Car LSudmi, Manage , the Airports District 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. I declare under penalty of perjury that the foregoing is true and correct. Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.0 Section 1001 (False Statements) and could subject you to fine , impriso nt or both. �t Executed this day of 201 City of Yak ma, shin or By V Sponsor's ignatdV 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 atG2'�rJ1� this day of .S 013. ignature of Sponsor's Attorney FAA Form 5100 -37 PG 11 (10 -89) Page 11 of 12 A -133 Single Audit Certification Form The Single Audit Act of 1984, implemented by OMB Circular A -133 (Audits of States, Local Governments, and Non -Profit Organizations) establishes audit requirements for State and local governments that receive Federal aid. State or local governments (City, County, Airport Board) that expend $500,000 or more a year (calendar or fiscal) in total Federal financial assistance must conduct an audit and submit it to the Federal Audit Clearinghouse. For more information on the Single Audit Act requirements please reference the following web site: littp:Hharvester.cetisus.gov /sac/ This notice is our request for a copy of your most recent audit, whether or not there are any significant findings. In accordance with your Airport Improvement Program (AIP) grant agreement, you must also provide the following certification to your local Airports District Office (ADO). Please fill out the information below by checking the appropriate line(s), sign, date, and return this form to the FAA local ADO identified at the bottom of the form. Airport Sponsor Information: Sponsor Nnmc -Ak Ttl trrir•s — Airport Name Q'Slor-t-i.- P-CE 'S„' Sponsor's Representative Name - <-K-- G tLt Telephone Fis`ca`l Calendar Year Ending &-Dar/— KA&�4� r Rcprescnlativc's 'ritic Rab. Pcdrira% a !1!s kb,,_-. tw7a . a Email Please check the appropriate line(s): L7 We are subject to the A -133 Single Audit requirements (expended $500,000 or more in total Federal funds for the fiscal /calendar year noted above) and are taking the following action: ❑ The A -133 single audit for this fiscal /calendar year has been submitted to the FAA. ❑ The A -133 single audit for this fiscal /calendar year is attached. 0/ The A -133 single audit report will be submitted to the FAA as soon as this audit is available. ❑ We are exempt from the Single Audit A -133 requirements for the fiscal /calendar noted above. Sponsor Certification: Signature Return to: FAA, Seattle Airports District Office 1601 Lind Avenue SW, Suite 250 Seattle, WA 98057 -3356 Date CITY CONTRAC r No:";;'�O/3` / 7 .-s- RESOLUTION NO: 211- FAA Form 5100 -37 PG 12 (10 -89) Page 12 of 12