HomeMy WebLinkAboutR-2009-025 Joint City/County Federal FAA Assistance Grant Application 3-53-0089-28CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION
Resolution # R-2009-25 Resolution # 65-2009
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 January 29, 2009 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 3-53-0089-28 (the "Project"),
is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved the following projects:
1) Runway 27 Safety Area Project — Realignment of South 16th Avenue; 2) Install
Enhanced Centerline Markings per FAA Design Standards, and; 3) Update Runway and
Taxiway Guidance System Faceplates to meet current FAA design criteria.
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 five (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 January 29,
2009, on their behalf by Jerry G. Kilpatrick, Acting Airport Manager, and that they
jointly and severally adopt and ratify the representations and assurances
contained therein, and; is understood that the word ASponsor= as used in the
project application and other assurances is deemed to include the City of Yakima,
Washington and the County of Yakima, Washington.
Joint Resolution - AIP-28
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 upon receipt.
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
January 29, 2009, 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 ASponsor 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 upon receipt.
ADOPTED BY THE CITY COUNCIL this 3`d day of February, 2009.
City Clerk
Joint Resolution - AIP-28
avid Edler, 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 January 29,
2009, executed by Jerry G. Kilpatrick, Acting 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 ASponsor- 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 upon receipt.
DONE this 3rd day of February 2009.
Attest: Christina S. Steiner
Clerk of the Board
Joint Resolution - AIP-28
daldi
J. Elliott,wid Chairman
Michael D. Leita, Commissioner
in J. ^hey, Commissioner
Constituting : Board ofCounry Commissioners
for Yakima County, Washington
Version 7/03
APPLICATION FOR
FEDERAL ASSISTANCE
2. DATE SUBMITTED -
January 29, 2009
Applicant Identifier
AIP-3-53-0089-28
1. TYPE OF SUBMISSION:
Application
® Construction
❑ Non -Construction
Preapplication
0 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 Air Terminal Board -
Organizational Unit: Yakima Air Terminal — McAllister Field
Department: Airport Administration -
Organizational DUNS: 17-543-4471
Division:
Address:
Name and telephone number of person to be contacted on
matters involving this application (give area code)
Street: 2400 West Washington Avenue
Prefix: Mr. '
First Name: Jerry.
City: Yakima
Middle Name: G.
County: Yakima
Last Name: Kilpatrick
State: Washington
zip Code: 98903
Suffix:
Country : USA
Email: jerry.kilpatrick@yakimaairterminal.com
6. EMPLOYER IDENTIFICATION NUMBER EIN):
Phone number (give area code):
509-575-6149
FAX number (give area code):
509-575-6185
9
1-
1
1
8
3
8°
9
8
8. TYPE OF APPLICATION:
►.1 New ■ Continuation
■
Revision
7. TYPE OF APPLICANT: (See track of form for Application Types)
N
Other (specify) Part 139 Certificated Airport
If Revision, enter appropriate letter(s) in box(es):
(See back of form for description of letters)
9. NAME OF FEDERAL AGENCY
Federal Aviation Administration, Seattle ADO.
,----
�11.
Other (specify)
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER
11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
1) Runway 27 Safety Area Improvements,
Realignment of So. 16th Avenue.
2) Install Enhanced Taxiway Centerline
Markings.
3) Install New Runway/Taxiway Guidance Sign
Faceplates to meet current FAA standards.
2
0-
1
0
6
TITLE:
12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.):
Central Washington State
13. PROPOSED PROJECT
14. CONGRESSIONAL DISTRICTS OF
Start Date
9/09
Ending Date
12/10
a. Applicant
Fourth
b. Project
Fourth '
15. ESTIMATED FUNDING
16. IS APPLICATION SUBJECT TO REVIEW BY STATE
EXECUTIVE ORDER 12372 PROCESS •
a. Yes. 0 THIS PREAPPLICATION/APPLICATION WAS MADE
AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
PROCESS FOR REVIEW ON
DATE:
b. No. IS PROGRAM IS NOT COVERED BY E. O. 12372
0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR
REVIEW
a. Federal
$ 3,990,000 mu
b. Applicant
$ .uu
c. State
$ .uu
d. Local
$ 210,000 .uu
e. Other
$ -UU
f. Program income
$ 'O°
17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
❑Yes If "Yes" attach an explanation in No
g. TOTAL
$ 4,200,000 "uu
18. TO THE BEST OF MY -KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION 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. Authorized Representative . `-
Prefix Mr. , ..
. First Name Jerry
Middle Name G.
Last Name Kilpatrick„ . `_: ' `..-
Suffix
b. Title Acting Airport_ Manager:.:. _ -
c. Telephone number (give area code)
509-575-6149
d. Signature of Authorized"Representative. r
.
e. Date Signed { z e .42 (.19, ^^
Previous Editions Not Usable
Authorized for Local Reproduction .
•
andard Form 424 (Rev.a-
Prescribed by OMB Circular A-102
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1
Does this assistance request require State,
local, regional, or other priority rating?
❑Yes No
Name of Governing Body
Priority
Item 2.
Does this assistance request require State, local
advisory, educational or health clearances'?
['Yes ZNo
Name of Agency or Board
(Attach Documentation)
(Attach Comments)
Item 3
Does this assistance request require clearinghouse review
in accordance with OMB Circular A-95?
Yes No
Item 4 •
Does this assistance request require State, local,
regional or other planning approval?
['Yes No
Name of Approving Agency
Date
Check One: State ❑
5. Local
proposed project covered by an approved Regional ❑
,prehensive plan?
ZYes ❑No Location of plan Airport Master Plan, ALP
Item 6.
Will the assistance requested serve a Federal
installation?
❑Yes ®No
Name of Federal Installation
Federal Population benefiting from Project
Item 7
Will the assistance requested be on Federal land
or installation?
❑Yes No
Name of Federal Installation
Location of Federal Land
Percent of Project
Item 8
Will the assistance requested have an impact or effect
on the environment?
Ekes ®No
See instructions for additional information to be provided.
Item 9.
Will the assistance requested cause the displacement of
individuals, families, businesses, or farms?
Yes No
Number of:
Individuals
Families
Businesses
Farms
10.
;re other related Federal assistance on this
project previous, pending, or anticipated?
❑Yes No
See instructions for additional -information to be provided.
FAA Form 5100-100 (6-73) SUPERSEDES FM FORM 5100-10 PAGES 1 THRU 7 Page 2
U.S DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PART II — SECTION C
The Sponsor hereby represents and certifies as follows:
OMB NO 2120-0569
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: Yakima Urban Area Comprehensive Zoning Ordinance; Yakima County Zoning
Ordinance, and; 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":
The land interests owned by the Yakima Air Terminal is as shown on the current Exhibit "A" property map dated
November 17, 2005 (Airport Board approval date) which is on file with the FAA's Seattle ADO in Renton, Washington.
*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
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569
PART I1 — 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.
(b) 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":
None
(c) The Sponsor will acquire within a reasonabletime, 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":
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
s character of property interest in each area and list and identify for each all exceptions, encumbrances, and
:rse 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
ATION - FEDERAL AVIATION ADMINISTRATION
OMB NO. 2120-0569
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
Total Amount
Required
. Latest Approved
Amount
Adjustment+ or (-)
1. Administration Expense
$
$
$ 40,000
2. Preliminary Expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees
5. Other architectural engineering fees
25,000
6. Project inspection fees
350,000
7. Land development
8. Relocation Expenses
9. Relocation payments to individuals and businesses
10. Demolition and removal
11. Construction and project improvement
3,785,000
12. Equipment
13. Miscellaneous
14. Total (Lines 1 through 13)
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt. (Excluding Rehabilitation Grants)
4,200,000
20. Federal Share requested of Line 19
3,990,000
21. Add Rehabilitation Grants Requested (100 percent)
22. Total Federal grant requested (Lines 20 & 21)
23. Grantee share
210,000
24.• Other shares
25. Total project (Lines 22, 23, & 24)
$
$
$ 4,200,000
FAA FORM 5100-100 (6-73) SUPERSEDES FAA FORM 5100-
OMB NO. 2120-0569
U.S. DEPARTMENT OF TRANSPOR 1 A 1 IUN - r-tutr ML AVIA I wry ..4J1.111.1J I .... i 1..t.
- SECTION C - EXCLUSIONS
26. Classification
Ineligible for
Participation
(t)•
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
$
a. Securities
b. Mortgages
c. Appropriations (By Applicant)
210,000
d. Bonds
e. Tax Levies
f. Non Cash'
g'.Other (Explain)
h .TOTAL — Grantee share
28. Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL
$ 210,000
SECTION E - REMARKS
Grantee's share will be financed through the Passenger Facility Charge Program.
CIADT nr oDnc-ROM MARRATIVF (ATTACH—SF_F INSTRUCTIONS)
arm 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
PAGE 5
PART IV
PROGRAM NARRATIVE
(Suggested Format)
U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
PROJECT: Runway 27 Safety Area Project - Realignment of So. 16th Avenue.
AIRPORT: Yakima Air Terminal - McAllister Field
1. Objective:
Enhance aircraft safety by providing a runway safety area consistent with current FAA desij
standards.
OMB NO 2120-056
2. Benefits Anticipated:
Enhanced Safety.
3. Approach: (See approved Scope of Work in final Application)
The airport's consultant prepared has prepared the plans and specifications under another
grant. The Airspace and Environmental reviews have been completed. The plans and
specifications will be published and a call for bids will be announced in accordance with FA
guidelines.
4. Geographic Location:
Approach end of Runway 27, the primary ILS runway at Yakima.
5. Justification for Force Account Work: (if applicable)
Airport personnel will be utilized to provide FAA and TSA required safety and security
observation of the job site and be present on site to prevent the possibility of any
runway/taxiway incursions.
6: Sponsor's Representative: (incl. address & tel. no.)
Jerry G. Kilpatrick, Acting Airport Manager
Yakima Air Terminal — McAllister Field
2400 West Washington Avenue
Yakima, WA 98903
509-575-6149 .
jerry.kilpatrick@yakimaairterminal.com
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
PAG
CIP/PREAPPLICATION DATA SHEET
AIRPORT: Yakima Air Terminal LOCAL PRIORITY: UPDATED: January,
2009
WORK ITEM: Runway 27 Safety Area Project — Realignment of South 16th Avenue.
SKETCH:
Project sketch were included in the EA and Plans and Specifications.
JUSTIFICATION:
Currently, YKM does not have a standard safety area for it's primary ILS runway. This project
relocate a major arterial highway outside of the Runway Safety Area, grade and level the .safe,_
area to FAA specs, and provide a service road around the RSA to reduce the potential of vehicular
incursions on Runway 9-27.
SPONSOR SIGNATURE:
COST ESTIMATE: Item (Excavation, Paving, etc.)
ADMINISTRATION:
ENGINEERING:
INSPECTION:
ADO USE:
PREAPP
NO:
DATE:
$20,000
1 Construction
$ 3,500,000
4:
$
Completed
2:
$
5: '
$
$ 350,000
3:
$
TOTAL:
$ 3,870,000
GRANT
NO:
NPIAS
CODE:
WORK
CODE:
FAA
PRIOR: FED $
CIP/PREAPPLICATION DATA SHEET
AIRPORT: Yakima Air Terminal
LOCAL PRIORITY: UPDATED: Januar
2009
WORK ITEM: Install Enhanced Taxiway Centerline Markings
SKETCH: Not pertinent to this project
JUSTIFICATION: Changes in FAA design standards has required that the airport install
enhanced taxiway centerline markings near the hold bars of runways. This project will a
for the installation of these new markings to enhance safety in low visibility conditions.
SIGNATURE:
SPONSORDATE: -�{
COST ESTIMATE: Item (Excavation, Paving, etc.)
ADMINISTRATION:
ENGINEERING:
INSPECTION:
$ 5,000
1 Construction
$ 35,000
4:
$
$ 6,000
2:
$
5:
$
$ 4,000
3:
$
• TOTAL:
$50,000
ADO USE:
PREAPP GRANT NPIAS WORK FAA
NO: NO: CODE: CODE: PRIOR: FED $
CIP/PREAPPLICATION DATA SHEET
AIRPORT: Yakima Air Terminal
LOCAL PRIORITY: UPDATED: Januar
2009
WORK ITEM: Replace Taxiway and Runway Guidance Sign Plates.
SKETCH: Not pertinent to this project
JUSTIFICATION: Changes in FAA design standards has required that the airport install n
faceplates on the taxiway and runway guidance sign system. Installing the new sign plat
will bring the taxiway/runway guidance system up to current FAA design standards. Thi:
project was promoted by FAA, Safety and Certification.
SPONSOR SIGNATURE:
COST ESTIMATE:
ADMINISTRATION:
ENGINEERING:
INSPECTION:
ADO USE:
PREAPP
NO:
Item (Excavation, Paving, etc.)
DATE: j 1"11/d(
$ 15,000
1 Construction
$ 250,000
4:
$
$ 10,000
2:
$
5:
$
$ 5,000
3:
$
TOTAL:
$280,000
GRANT
NO:
NPIAS
CODE:
WORK
CODE:
FAA
PRIOR:
FED $
Appendix 1
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as partof 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.'
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act — 5 U.S.C. 1501, et seq.'
Airport Assurances (3/2005) 1
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C. 4601, et seq."
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.
470(1).'
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c.'
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. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(1))
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.'
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
8373.'
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.'
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.'
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.'
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 - Intergovermnental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction'
Executive Order 12898 - Enviromnental 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.'
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).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).'
Airport Assurances (3/2005) 2
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
i. 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.
1. 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.12
m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance. i
o. 49 CFR Part 29 — Government wide debarment and suspension (nonprocurement)
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
These laws do not apply to airport planning sponsors.
These laws do not apply to private sponsors.
' 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
Airport' Assurances (3/2005) 3
to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to provide
such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs
which are not to be paid by the United States. It has sufficient funds available to assure operation
and maintenance of items funded under the grant agreement which it will.own.or control.
4. Good Title.
a. It, 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
manner 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
Airport Assurances (3/2005) 4
property which includes provisions specified by the Secretary. It will take
steps.to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public -use
airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for -management and operation of the airport by
any agency or person other than the sponsor or an employee of the •
sponsor, the sponsor will reserve sufficient rights and authority to insure
that the airport will be operated and maintained in accordance Title 49,
United States Code, the regulations and the terms, conditions and
assurances in the grant agreement and shall insure that such arrangement
also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at
the time of submission of this application) of public agencies that are authorized by the State
in which the project is located to plan for the development of the area surrounding the
airport.
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
Airport Assurances (3/2005) 5
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 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 Record Keeping 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
Airport Assurances (3/2005) 6
plans, specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the project. to assure that the work conforms
to the plans, specifications, and schedules approved by the Secretary for the project. It shall
subject the construction work on any project contained in an approved project application to
inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and procedures
shall require such cost and progress reporting by the sponsor or sponsors of such project as
the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
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.
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.
g.
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
Airport Assurances (3/2005) 7
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
(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, fine, or corporation to
conduct or to engage in any aeronautical activity for furnishing services to
the public at the airport, the sponsor will insert and enforce provisions
requiring the contractor to -
(1) furnish said services on a reasonable, and not unjustly discriminatory,
basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each
•
unit or service, provided that the contractor may be allowed to make
reasonable and nondiscriminatory discounts, rebates, or other similar
types of price reductions to volume purchasers.
Airport Assurances (3/2005) 8
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, non tenant, or
subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classifications such as
tenants or non tenants and signatory carriers and non signatory 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.
g.
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.
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 efficientoperation of the airport.
The sponsor may prohibit or limit any given type, kind or class of
'aeronautical use of the airport if such action is necessary for the safe
operation of the airport or necessary to serve the civil aviation needs of the
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed -based operator shall
not be construed as an exclusive right if both of the following apply:
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,
Airport Assurances (3/2005) 9
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
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
Airport Assurances (3/2005) 10
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: •
(i) all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
(ii) all services and property provided by the airport to other units of government
and the amount of compensation received for provision of each such
service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in common with other aircraft at
all times without charge, except, if the use by Government aircraft is substantial, charge may
be made for a reasonable share, proportional to such use, for the cost of operating and
maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise
agreed to by the sponsor and the using agency, substantial use of an airport by Government
aircraft will be considered to exist when operations of such aircraft are in excess of those
which; in the opinion of the Secretary, would unduly interfere with use of the landing areas
by other authorized aircraft, or during any calendar month that —
a. Five (5) or more Government aircraft are regularly based at the airport or
on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft 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
Airport Assurances (3/2005)
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 (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, including the purchase of nonresidential buildings or
property in the vicinity of residential buildings or property previously
purchased by the airport as part of a noise compatibility program.
b. 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, (1) 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 (2) be paid to the Secretary for
deposit in the Trust -Fund if no eligible project exists. - -
Airport Assurances (3/2005) 12
c. Land shall be considered to be needed for airport purposes under this
assurance if (1) it may be needed for aeronautical purposes (including
runway protection zones) or serve as noise buffer land, and (2) 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.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport. •
32. Engineering and Design Services. It will award each contract, or sub -contract for program
management, construction management, planning studies, feasibility studies, architectural
services, preliminary engineering, design, engineering, surveying, mapping or related
services with respect to the project in the same manner as a contract for architectural and
engineering services is negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by
the sponsor of the airport.
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
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
Airport Assurances (3/2005) 13
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 progrun, 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).
38. Hangar Construction. if the airport owner or operator and a person who owns an aircraft
agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's
expense, the airport owner or operator will grant to the aircraft owner for the hangar a long
term lease that is subject to such terms and conditions on the hangar as the airport owner or
operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as
defined in section 47102 of title 49, U.S.C.) has been unable to
accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport, the airport owner
or operator shall transmit a report to the Secretary that -
1. Describes the requests;
2. Provides an explanation as to why the requests could not be
accommodated; and
3. Provides a time frame within which, if any; the airport will be able
to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if
the airport has been unable to accommodate the request(s) in the six month
period prior to the applicable due date.
Airport Assurances (3/2005) 14
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
Updated on: 6/15/05
The Following Apply to Both AIP and PFC Projects
Title
Number
70/7460-1 K and Change 1
150/5000-13
150/5070-6A
150/5200-28B
150/5210-5B
150/5210-7C
150/5210-13A
150/5210-14A
• 150/5210-15
150/5210-18
......... .
150/5210-19
150/5220-4B
150/5220-10B
150/5220-13B
150/5220-160
150/5220-17A
150/5220-18
150/5220-19
150/5220-20 and Change 1
150/5220-21B
490/5220-22 and Change 1
15300-13 and Changes 1
.,ough 7
150/5300-14 and Changes 1
through 2
150/5320-5B
........
150/5320-6D and Change
. ...........
... .......
150/5320-12C
150/5320-14
150/5320-15 and Change 1
150/5320-16
150/5325-4A and Change/
150/5335-5 and Change 1
150/5340-1H and Change 1
150/5340-4C and Changes 1
through 2
150/5340-5B and Change/
150/5340-14B and Changes
through 3
150/5340-17B
150/5340-18C and Change 1
150/5340-21
150/5340-23B
150/5340-24 and Change 1
150/5340-27A •
150/5340-28
150/5340-29
'50/5345-3E
0/5345-5A
I50/5345 -7E
1.50/5345-10E
..........
Obstruction Marking and Lighting
Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and Recommended
Requirements for Airport_ Surface Movement Sensors
Airport Master Plans
Notices to Airmen (NOTAMS) for Airport Operators
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
Drive's Enhanced Vision System
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 (AWOS) 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 Agent Aircraft Rescue and Firefighting Vehicles
Airport Snow and Ice Control Equipment
Guide Specification for Devices Used to Board Airline Passengers With Mobility Impairments
Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
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
Management of Airport Industrial Waste
Airport Pavement Design for the Boeing 777 Airplane
Runway Length Requirements for Airport Design
Standardized Method of Reporting Pavement Strength PCN
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 -FM Airport Lighting Systems
Standards for Airport Sign Systems
Airport Miscellaneous Lighting Visual Aids
Supplemental Wind Cones
Runway and Taxiway Edge Lighting System
Air -to -Ground Radio Control of Airport Lighting Systems
•
Low Visibility Taxiway
Installation Details for Land and Hold Short Lighting Systems
Specification for L-821 Panels for Control to Airport Lighting
Circuit Selector Switch
Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
Specification for Constant Current Regulators Regulator Monitors
150/5345-12C
150/5345-13A
150/5345-26C
150/5345-27C
150/5345-28D and Change/
150/5345-39B and Change 1
150/5345-42C and Change 1
150/5345-43E
150/5345-44F and Change 1
150/5345-45A
150/5345-468
150/5345-47A
150/5345-49A
150/5345-50 and Change 1
150/5345-51 and Change 1
150/5345-52
150/5345-53B
150/5345-54A and Change 1
150/5345-55
150/5360-9
150/5360-12D
150/5360-13 and Change 1
150/5370-2E
150/5370-10A and Changes 1
through 13
150/5380-6
150/5390-2A
150/5390-3
150/5395-1
Number
150/5100-14C
150/5100-17 and Changes 1
through 4
150/5200-30A and Changes 1
through 5
150/5200-33
150/5300-15
150/5370-6B
150/5370-11 and Change 1
150/5370-12
Number
150/5000-12
Specification for Airport and Heliport Beacon
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits
Specification for L-823, Plug and Receptacle, Cable Connectors
Specification for Wind Cone Assemblies
Precision Approach Path Indicator Systems (PAPI)
FAA Specification L-853, 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 L-854, Radio Control Equipment
Specification for Portable Runway Lights
Specification for Discharge -Type Flasher Equipment
Generic Visual Glideslope Indicators (GVGI)
Airport
LightingEquipmentrtification Program
Certification
Specification for L-1884 Power and Control Unit for Land and Hold Short
Lighted Visual Aid to Indicate Temporary Runway Closure
Planning and Design of Airport Terminal Facilities at Non -Hub Locations
Airport Signing & Graphics
Planning and Design Guidance for Airport Terminal Facilities
Operational Safety on Airports During Construction
Standards for Specifying Construction of Airports -
Guidelines and Procedures for Maintenance of Airport Pavements
Heliport Design
Vertiport Design
Seaplane Bases
The Following Additional Apply to AIP Projects Only
Title
Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
Land Acquisition and Relocation Assistance for Airport Improvement Program
Assisted Projects
Airport Winter Safety and Operations
Hazardous Wildlife Attractants on or Near Airports
Use of Value Engineering for Engineering Design of Airport Grant Projects
Construction Progress and Inspection Report --Airport Grant Program
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
Quality Control of Construction for Airport Grant Projects
The Following Additional 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 Ci Rightsil 21Noct of ndiscr9m N64 ondiscrimination on in Federal42 U.S.C. 6ldy Ass set tied Programs.)
of
requirements imposed by 49 CFR Part
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 e deaied tes she hall,
on the ground of race, color, or national origin, be excluded from participation in,
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 afacility, cconne part of
a facility,iththe
assurance shall extend to the entire facility andoperated
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, licenses, 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 llch financ�al assistance is to
eral financial
assistance is extended to the program, except where the Federal
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
hsFeaeralrfi cescial
assistance is extended, or for another purpose involving the provision
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 er mlcipants osed oepursf a a t to the financial
act the Regulations,
such program will comply with all requirementsP
and this assurance. Page 1 of 2
STANDARD DOT TITLE VI ASSURANCES (Continued)
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 January 29, 2009
Jerry G. Kilpatrick, Acting Airport Manager
Yakima Air Terminal
(Sponsor)
(Sign of ofuthorizell Official)
Page2of2
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 programa of the D aP bment �ded fromf ot me tortation (t me hereI(hereinaDOT")
Title 49, Code of Federal Regulations, Part 21, Y Ye ame
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
leages of in in the
equipmenselection
thedContracretentltorshall not
on of
subcontractors; including procurements of materials
•
participate either directly of indirectly in the discrimination prohibited by section 21.5 of
the
Beog Regulations,
including employment practices when the contract covers a program set forth in Appendix
the
Regulations.
3. Solicitations for Subcontracts, Including Procurements
of Mat rials and
dwork to buipment. Ined under sosoli stations
either by competitive bidding or negotiation made by th
subcontract, including procurements of mof thteriae contractor'sntractoror lease of 's obligations under each pth sncontrabt and theor or
supplier shall be notified by the contractor
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor shall provide all information
its and reportbookssre required
the
Regulations or directives issued pursuant thereto and shall permit
other sources of information, and its facilities as may be determined by the Sponsor Federalorthesadd A cations.
Administration (FAA) to be pertinent to ascertain
assn thepliance exclusivelth such possess possession oflanother' who fails or refuses to
Where any information required of a contractappropriate, and shall
furnish this information, the contractor shall so certify to the sponsor or the FAA, as appro p
set forth what efforts it has made to obtain the information.
iance
th the
5. Sanctions for Noncompliance In ththe sponsor shall impose suoh e event of the contrator's clontract sanctions ons as it or the
nondiscrimination provisions of this contract,
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.
5
6. Incorporation of Provisions. The contractor shall include the provisions
of p ragrasphs 1 ht uyghe inn
equipment,
every subcontract, including procurements of materials and leases of
Regulations or directives issued pursuant thereto.
or the FAA may direct as a means of enforcingr shall take such action such subcontract or procurement as the sponsorsu h provisions
including sanctions for noncompliance. Provided, however,
that in the event a contractor becomes involved
e
in, or is threatened with, litigation with a subcontractor
rsupplier
the interests of the sponsorlandthn addition,
contractor
may request the Sponsor to enter into such litigation to protect
the contractor may request the United States to enter into such litigation tb protect the interest of the United
Cates.
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).
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, lessee, 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 — McAllister Field
LOCATION: Yakima, Washington
AIP PROJECT NO.: AIP-3-53-0089-28
STATEMENTS APPLICABLE TO THIS PROJECT Runway 27 Safety Area Project — Realignment of So. 16th
Ave; Enhanced Taxiway Centerline Markings; Upgrade
Taxiway Guidance Sign System.
a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to
the interest of communities that are near the Yakima Air Terminal.
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 the 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: Jerry G. Kilpatrick DATE: January 29. 2009
TITLE: Acting Airport Manager
SPONSORING AGENCY: Yakima Air Terminal — McAllister Field
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 opposing the project; None
b. The nature and basis of opposition;
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 environmerital 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;
Sponsor's plans, if any, to minimize any adverse effects of the project;
g. 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. Theundersigned 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
Title Jerry G. Kilpatrick, Acting Airport Manager
Date January 29, 2009
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
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;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph (d)(2), with respect to any employee who is so convicted-
•
(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
Page 1 of 2
CERTIFICATION REGARDING
DRUG-FREE WORKPLACE REQUIREMENTS
(Continued)
Alternate I. (Grantees Other Than Individuals)
(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, Washington 98903
Check fI if there are workplaces on file that are not identified here.
Signatur o ertify �. o
cial
Jerry G. Kilpatrick, Acting Airport Manager
Title
January 29, 2009
Date
Page 2 of 2
Airport/Sponsor:
AIP #:
TITLE VI PRE -AWARD SPONSOR CHECKLIST
Yakima Air Terminal — McAllister Field
AIP-3-53-0089-28
Project Description(s):
1)
Runway 27 Safety Area Project — Realignment of So. 16th Avenue;
Enhanced Taxiway Centerline Markings; Upgrade Taxiway Guidance Sign
System.
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).
Please list any current applications for federal funding (other than FAA) of airport related projects which
exceed the amount for this grant.
® None
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
To be completed by the Civil Rights Staff
Review completed and approved:
Signature
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.
aturn 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
January 29, 2009
YAKIMA AIR TERMINAL
McALLUSTER FIELD
;7411r.-,' `! i-r;,L `.V scirn:L:>n .,-e. • Yn-.ir"r, 'v'ia:,t: nqt r 7691:3 • [5091 575 6'.19 • 1E071575-6185 Fax
Mr. Dave Edler, Mayor, and
Yakima City Council
City of Yakima
129 North Second Street
Yakima, Washington 98901
Mr. Mike Leita, and
Yakima County Commissioners
128 North Second Street
Yakima, Washington 98901
City of Yakima
Yakima City Council
129 North 2nd. Street
Yakima, Washington 98901
Dear Council Members and Commissioners:
The Federal Aviation Administration has offered a Grant in the amount of $3,990,000 as 95
percent reimbursement for three separate projects at the airport. The projects are: Runway 27
Safety Area Project — Realignment of South 16`h Avenue; Paint Enhanced Taxiway Centerline
Markings, and;,Replace Runway/Taxiway Guidance Sign System Panels.
The Yakima Air Terminal Board requests the Yakima City Council and Yakima county
Commissioners adopt the attached resolution authorizing the appropriate representatives of the
City and County to sign the Federal Aviation Administration•Grant Agreement and Certificate of
Sponsors Attorney upon receipt, and, to ratify the signature of Jerry G. Kilpatrick, Acting 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 February 3, 2009 meetings.
Thank you for your consideration in this matter.
Sincerely,
(original signed by)
Jerry G. Kilpatrick
Acting Airport Manager
enclosures: FAA Grant Application
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 12_
For Meeting Of February 3, 2009
ITEM TITLE: Joint City — County Resolution ratifying a Federal FAA Assistance Grant
Application and authorizing execution and acceptance of a Grant' Agreement for Federal
Assistance and Certificate of Sponsor's Attorney between the FAA and the City and County of
Yakima, Washington.
SUBMITTED BY: Jerry Kilpatrick, Acting Airport Manager
CONTACT PERSON/TELEPHONE: Jerry Kilpatrick (575-6149)
SUMMARY EXPLANATION: The FAA has offered Yakima Air Terminal, McAllister Field a Grant
in the amount of $3, 990,000.00 as a ninety five percent reimbursement for three proposed
projects on behalf of the Air Terminal. The projects include (1) the Runway 27 Safety Area
Project involving the South 16th Avenue realignment, (2) Paint Enhanced Taxiway Centerline
Markings and (3) Taxiway Guidance Sign System Panels. As a joint owner of the Air Terminal
the City must ratify the attached Acting Airport Manager's application for FAA grant funds to fulfill
the City's responsibility to allow the FAA to extend the desired grant funds to the airport. The
City's adoption of the attached Joint Resolution will allow the City Manager and City Attorney to
execute, the FAA Grant Agreement and Certificate of Sponsor's Attomey; also necessary to meet
the City's compliance with FAA grant assurances and to receive the FAA grant funds. The
County will be considering the same actions on its own behalf as co-owner of the Air Terminal.
Resolution X Ordinance . Contract Other(Specify) FAA
Application For Federal Assistance Contract Mail to (name and address):_
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Air Terminal Board recommends
adoption
COUNCIL ACTION:
U S Department of Transportation
Federal Aviation Administration
Grant Agreement
Part 1 - Offer
Date of Offer: February 12, 2009
Yakima Air Terminal/McAllister Field
Yakima, Washington
Project Number: 3-53-0089-028
Contract N
umber: DOT-FA09NM-0091
Page 1 of 7 pages
To: The City of Yakima, Washington and the County of Yakima, Washington (herein called the
"Sponsor")
From. The United States of America (acting through the Federal Aviation Administration, herein
called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated January 29, 2009, for a grant
of Federal funds for a project at or associated with Yakima Air Terminal/McAllister Field 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.
Improve Runway 27 safety area (Phase 2), including realignment of South 16th
Avenue, installing perimeter fence, environmental mitigation and monitoring,
construction of access driveway and ARFF/airport service road; Install enhanced
taxiway centerline markings (Phase 1), Install signs (Phase 1),
all as more particularly described in the Project Application.
FAA Form 5100-37 PG 1 (10-89)
Page 2 of 7 pages
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, 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 $2,824,918.00. 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
$2,824,918.00 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 lsettlement 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 February 20, 2009, 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.
FAA Form 5100-37 PG 2 (10-89)
Page 3 of 7 pages
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
1 You as the recipient,
employees may not —
to a recipient that is a private entity
your employees, subrecipients under this award, and subrecipients'
Engage in severe forms of trafficking in persons during the period of time that the award
is in effect;
ii. Procure °a commercial sex act during the period of time that the award is in effect; or
Use forced labor in the performance of the award or subawards under the award
2 We as the Federal awarding agency may unilaterally terminate this award, without penalty,
if you or a subreceipient that is a private entity
Is determined to have violated a prohibition in paragraph a.1 of this award term, or
ii 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
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. 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 —
Associated with performance under this award, or
ii. 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.
1. 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.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section.
Implements
(TVPA), as
section 106(g) of the Trafficking Victims Protection Act of 2000
mended (22 U S.C. 7104 (g)), and
FAA Form 5100-37 PG 3 (10-89)
Page 4 of 7 pages
ii Is in addition to all other remedies for noncompliance that are available to us
under this award
3 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.
1. "Employee" means either:
An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii. 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.
2 "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.
3 "Private entity":
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.
ii 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.
4. "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).
Special Conditions
10. 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 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 overfund 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.
11 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.
FAA Form 5100-37 PG 4 (10-89)
Page 5 of 7 pages
12. It is understood and agreed tha the City of Yakima, Washington and the County of Yakima,
Washington authorized the execution of the Application for Federal Assistance and Standard DOT
Title VI Assurances both dated January 29, 2009, on their behalf by Jerry Kilpatrick, Acting Airport
Manager, and that they jointly and severally adopted and ratified the representations and assurances
contained therein; and that the word "Sponsor" as used in the project application and other
assurances is deemed to include the City of Yakima, Washington and the County of Yakima,
Washington
13. It is understood and agreed the Sponsor will not claim reimbursement for costs under this grant until
FAA has approved the DBE goals.
14. This Phase 2 grant is intended to be the first phase of a two-phase 2009 construction project for
improvements to the runway safety area. The bidding of the entire portion of the project associated
with these work items will be completed with sufficient time to properly apply for a Phase 3 grant prior
to August 15, 2009 "The Phase, 3 grant funding will be the difference in funding necessary for the
Federal share of the runway safety area improvements less the Phase 2 funding, subject to available
Sponsor entitlements. The FAA makes no commitment of funding beyond the Sponsor's available
entitlements pursuant to law. If the project does not receive acceptable bids, or sufficient funding is
unavailable, the FAA has the option to close this grant and recover the funds.
15. It is understood and agreed by and between both parties that no work shall commence in the grant
until the force account is approved in writing by the FAA.
16. This grant is intended to be the first phase of a two-phase 2009 construction project for the
installation of the enhanced taxiway and runway markings and installation of signs. The bidding of
the entire portion of the project associated with these work items will be completed with sufficient
time to properly apply for a second phase grant prior to August 15, 2009. The second phase grant
funding will be the difference in funding necessary for the Federal share of the installation of the
enhanced taxiway and runway markings and installation of signs less the Phase 1 funding for these
items, subject to available Sponsor entitlements. The FAA makes no commitment of funding beyond
the Sponsor's available entitlements pursuant to law If the project does not receive acceptable bids,
or sufficient funding is unavailable, the FAA has the option to close this grant and recover the funds.
FAA Form 5100-37 PG 5 (10'89)
Page 6 of 7 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
JOr
Stanley . Allison, cting Manager, Seattle 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
Executed this
(SEAL)
Attest.
Title
day of
ary
City of Yakima, Washington
, 2009.
By. ..
Sponsor's Designated Official Representative
Title
CERTIFICATE OF SPONSOR'S ATTORNEY
//��
(..Li {ems/... , 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 yiticI M r this / 744-
CITY CONTRAC rN0: ` ' .409' "
RESOLUTION NO: o? 9-Z.5-
hS. ?Gre�of Sponsor's Attorney
day of .
, 2009
FAA Form 5100-37 PG 6 (10-89)
Page 7 of 7 pages
Part 11 - 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
Attest: .
Title.
r 7M
day of
CteAL. 0 .
E50 z-ls aa�
CERTIFICATE OF SPONSOR'S ATTORNEY
1, .62s.h , 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.
, 2008.
County of Yakima, Washington
Sponsor's Designated ,Official Representative
Title: . . . .6z444.sLl4,4sr�.s.�
Dated at °/(.(--W(--/ this l J day of //vy 200
Signature of Sponsor's Attorney
FAA Form 5100-37 PG 7 (10-89)