HomeMy WebLinkAboutR-2022-096 Resolution authorizing a design grant application to the Federal Aviation Administration (FAA) for Capital Improvement Projects at the Yakima Air Terminal-McAllister FieldA RESOLUTION
RESOLUTION NO. R-2022-096
authorizing a design grant application to the Federal Aviation Administration
(FAA) for Capital Improvement Projects at the Yakima Air Terminal -McAllister
Field.
WHEREAS, the City owns and operates the Yakima Air Terminal -McAllister Field in accordance
with applicable Federal, State, and Local regulations; and
WHEREAS, the Federal Aviation Administration makes federal grants available to airports to
maintain and improve airport facilities; and
WHEREAS, the Yakima Air Terminal -McAllister Field has been notified that grant funds may be
available to maintain and/or improve the airport upon submission of completed grant applications and
satisfaction of certain conditions; and
WHEREAS, the Yakima Air Terminal -McAllister Field has recently completed an Airport Master
Plan Update, which details a variety of Federal Aviation Administration required capital improvement
projects, including designing and building a new Taxilane at the south end of the airport which will provide
runway access and opportunities for future hangar development, safety areas grading, utility
improvements and demolition/modification of 2-3 existing hangars; and
WHEREAS, the design grant application will request a total of approximately Two Hundred and
Twenty Thousand ($220,00) dollars in grant funding from the Federal Aviation Administration, of which
the Federal Aviation Administration will provide up to 90% of the funds needed for capital improvements
and the airport will match the remaining 10% through its Passenger Facility Charge program for said
projects; and
WHEREAS, the City Council deems it to be in the best interest of the City and its residents to
authorize submission of the grant application to the Federal Aviation Administration for grant funds
needed to accomplish the identified capital improvements and, if grant funds are awarded, to accept the
funds for the purposes identified in the grant application, Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City Manager is hereby authorized and directed to submit a completed grant application
to the Federal Aviation Administration to Design the South Taxilane which will provide runway
access and opportunities for future hangar development, safety areas grading, utility
improvements and demolition/modification of 2-3 existing hangars at the Yakima Air Terminal -
McAllister Field.
2. If grant funds are awarded, the City Manager is further authorized and directed to accept said
grant funds to be applied to the purposes specified above.
s-�
ADOPTED BY THE CITY COUNCIL this 1st day of Augu
ATTEST: ✓ Soneya Lund, Assistant Mayor
Son a Iaar Tee, City Cler
Yakima Air Terminal - McA
AIP Development Application Checklist
3-53-0089-052-2022
1. SF424
2. SF5100-100
3. CIP Data Sheet
4. Standard DOT Title VI Assurances
5 Certification for Contracts Grants Loans
6. Airport Sponsor Assurances
7. Current FAA Advisory Circulars
8. SF5100-134 Sponsor Certification for Selection of Consultants
9 SF5100-132 Sponsor Certification for Plans and Specs
10. SF5100-131 Sponsor Certification for Equipment/Construction Contracts
11. SF5100-129 Sponsor Certification for Project Final Acceptance
12. SF5100-130 Sponsor Certification for Drug Free Workplace
13. SF5100-133 Sponsor Certification for Land (Use only for Land Acquisition)
14. SF5100-135 Sponsor Certification for Conflict of Interest
15 Title VI Pre -Award Sponsor Checklist
OMB Number 4040-0004
Expiration Date 12/31/2022
Application for Federal Assistance SF-424
* 1. Type of Submission
Preapplication
Application
* 2 Type
of Application * If Revision, select appropriate letter(s)
a New
7 Continuation
U Revision
* Other (Specify)
Application
Changed/Corrected
* 3. Date Received 4. Applicant Identifier
5a. Federal Entity Identifier
5b Federal Award Identifier
State Use Only:
6 Date Received by
7. State Application Identifier
State
S. APPLICANT
INFORMATION:
*a Legal Name
City of Yakima
* b Employer/Taxpayer Identification Number (EIN/TIN)
* c UEI
91-6001293
d. Address
* Streetl
Street2
* City
County/Parish
* State
Province
*Country
* Zip / Postal Code
129 2nd Street
Yakima
WA: Washington
USA: UNITED STATES
98901-2637
e. Organizational Unit:
Department Name
Division Name
f. Name and contact information of person to be contacted on matters involving this application:
Prefix
Middle Name
* Last Name
Suffix
Mr
* First Name'
Jaime
Vera
Title Airport Operations and Maintenance Manager
Organizational Affiliation
* Telephone Number
509 575 6010 Fax Number
*Email Jaime.Vera@yakimawa.gov
Application for Federal Assistance SF-424
* 9. Type of Applicant 1: Select Applicant Type:
t
C: City or Township Government
Type of Applicant 2 Select Applicant Type
Type of Applicant 3. Select Applicant Type
* Other (specify)
* 10. Name of Federal Agency:
Federal Aviation Administration - Northwest Mountain Region
11. Catalog of Federal Domestic Assistance Number:
20.106
CFDA Title
Airport Improvement Program
*12. Funding Opportunity Number:
* Title
13. Competition Identification Number.
1
Title
14. Areas Affected by Project (Cities, Counties, States, etc.):
Add Attachment
D&iett Attachment
View Attachment
* 15. Descriptive Title of Applicant's Project:
Taxilane Charlie Extension - Design, Bidding and Environmental
Attach supporting documents as specified in agency instructions
Add Attachments
1
Application for Federal Assistance SF-424
16. Congressional
* a. Applicant
Districts Of:
WA-004
* b. Program/Project WA-009
Attach an additional list of Program/Project Congressional Districts if needed.
Add Attachment elete Attaef ment Attachment
17. Proposed
*a Start Date
Project:
01/01/2022
*b.End Date. 03/31/2023
18. Estimated Funding ($):
*a Federal
*b Applicant
* c State
* d Local
* e Other
* f Program Income
*g TOTAL
196,741.00
20,749.00
207,990.00
* 19. Is Application
a This application
b. Program
Subject to Review By State Under Executive Order 12372 Process?
was made available to the State under the Executive Order 12372 Process for review on
is subject to E.O. 12372 but has not been selected by the State for review.
is not covered by E 0 12372.
c. Program
* 20. Is the Applicant
Li Yes
If "Yes", provide
Delinquent On Any
Federal Debt? (If "Yes," provide explanation in attachment.)
0
No
explanation and attach
Add Attachment Delete Attachment Vlew Attachment
21. *By signing
herein are true,
comply with any
subject me to
this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements
complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to
resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may
criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001)
and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency
a ** I AGREE
** The list of certifications
specific instructions
Authorized Representative:
Prefix
Middle Name
* Last Name
Suffix
Mr.
* First Name Bob
Harrison
*Title City Manager
*Telephone Number
509 575 6000 Fax Number
*Email bob.harrison@yakimawa.gov
* Signature of Authorized Representative
•
. 0
* Date Signed 4',
CITY CONTRACT NO' 10'2-+31
RESOLUTION NO 1Z_ o2Uaa•-cAlp
U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-100, Application for Federal Assistance
(Development and Equipment Projects)
Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of information displays a currently
valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public
reporting for this collection of information is estimated to be approximately 28 hours per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, completing and reviewing the collection of information. All responses to this collection of
information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting
requirements of 2 CFR 200, no assurance of confidentiality is provided. Send comments regarding this
burden estimate or any other aspect of this collection of information, including suggestions for reducing
this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
INSTRUCTIONS FOR FORM 5100-100
PART I — Application for Federal Assistance
Part I of the Application for Federal Assistance consists of a completed Standard Form (SF) 424. The
remaining parts of Form 5100-100 (Parts II, III and IV) represent continuation pages that the Sponsor
must attach to the associated SF-424 form. The signature of the Sponsor's authorized representative on
the SF-424 form represents acceptance of the representations and certifications made within the
corresponding FAA 5100-100 form.
PART II — Project Approval Information
This information is necessary for the Federal Aviation Administration to evaluate this request for Federal
assistance. Responses do not require an explanation unless explicitly requested by the question.
SECTION A. STATUTORY CONDITIONS
Item 1 — Indicate whether the Sponsor maintains an active registration in the Federal System for Award
Management (SAM). Pursuant to 2 CFR §25.200(b), a Sponsor must maintain an active registration in
the Central Contractor Registration repository (housed within SAM) with current information at the time of
the application and during the active period of the Federal award.
Item 2 — Indicate whether the Sponsor can commence the project within the same fiscal year the grant is
made or within 6 months of when the grant is made, whichever is later. Attach explanation for negative
responses. This information is considered when allocating discretionary funds. (49 U.S.C. § 47115(d)(2))
Item 3 — Indicate whether the Sponsor can complete the project without unreasonable delays. If
applicable, provide listing of foreseeable events (winter shutdown, land acquisition issues, non -
aeronautical events, etc.) that have potential to delay completion of the project. (49 USC § 47106(a))
Item 4 — Indicate whether the environmental review (i.e. environmental assessment, mitigated FONSI,
etc.) identified impacts or effects on the environment that require mitigating measures that lessen the
impact or effect on the environment. If yes, provide a summary listing of mitigating measures.
(49 U.S.C. § 47106(c))
Item 5 — Indicate whether the project covered by this request is also covered by an approved Passenger
Facility Charge (PFC) application or other Federal assistance program by selecting all applicable check
boxes (49 U.S.C. § 40117(d) and 2 CFR § 200.403). If the approved PFC application only addresses the
Sponsor's AIP matching share, select the appropriate check box.
If the project, or portions thereof, is covered by another Federal assistance program, identify the Federal
assistance program by name and the Catalog of Federal Domestic Assistance (CFDA) number.
Item 6 — Indicate whether the Sponsor intends to seek reimbursement of Sponsor indirect costs as
defined by 2 CFR §200.414 and 2 CFR Appendix VII to Part 200. This information request does not
include the indirect costs claimed by a for -profit entity (e.g. consultant).
• The de minimis rate may only be used if the Sponsor has not previously received a negotiated
Indirect Cost Rata (ICR) and does not exceed the limitations prescribed in Appendix VII to Part
200.
• A Sponsor with an existing approved negotiated ICR must identify the ICR value, the name of the
cognizant agency that approved the ICR and the date of approval.
SECTION B. CERTIFICATION REGARDING LOBBYING
This section addresses the Sponsor's declaration regarding lobbying activities. The declaration made in
the section are under signature of the authorized representative as identified in box 21 of form SF-424, to
which this form is attached.
Title 31 U.S.C. § 1352 establishes that no appropriated funds may be expended by a recipient of a
Federal grant to pay any person for influencing or attempting to influence an officer or employee of any
agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this covered Federal assistance action. Pursuant to 40 CFR part 20, this
certification attests that the Sponsor has not made, and will not make, any payment prohibited payment
by 31 U.S.C. § 1352.
FAA Form 5100-100
SECTION C. REPRESENTATIONS AND CERTIFICATION
1. Compatible Land Use (49 U.S.C. § 47107(a)(10)) — Identify actions the Sponsor has taken to
assure land uses in close proximity to the airport are compatible with normal airport operations
2. Defaults — Confirm that Sponsor is not in default on any obligation to the United States or any
agency of the United States government.
3. Possible Disabilities — Confirm that Sponsor has no facts or circumstances (i.e. legal, financial
or otherwise) that might adversely affect the Sponsor in completing the project and carrying out
the provisions of the associated Grant Assurances.
4. Consistency with Local Plans (49 U.S.C. § 47106(a)) — Confirm project is consistent with plans
(existing at the time the project is approved) of public agencies authorized by the State in which
the airport is located to plan.
5. Consideration of Local Interests (49 U.S.C. § 47106(b)) — Confirm the Sponsor has given fair
consideration to the community in and near the project.
6. Consultation with Users (49 U.S.C. § 47105(a)) - Confirm the Sponsor has consulted with
airport users that will be affected by the project.
7. Public Hearings (49 U.S.C. § 47106(c)) — For projects involving the location of an airport,
runway or major runway extension, confirm the Sponsor:
a Provided an opportunity for a public hearing to consider economic, social and
environmental effects of the project.
b. Has voting representation from the communities in which the project is located; or has
advised the communities that they have the right to petition the Secretary about the
proposed project.
8. Air and Water Quality Standards - Confirm Sponsor will comply with applicable air and water
quality standards.
9. Exclusive Rights (49 U.S.C. § 47107(a) — Identify all instances of exclusive rights to conduct
aeronautical services at the airport.
10. Land (49 U.S.C. § 47106(b)) —
a. Identify property interests specific to the development project and/or land acquisition. The
declaration of property interest is to be based upon a title opinion submitted by an
attorney. When identifying the property interest, use the same parcel numbers as used to
identify the property on the associated Exhibit A property map.
Example. "Sponsor maintains property interest as depicted within the property table on
the Exhibit A property map dated / / originally filed with AIP Project ###."
b. Complete this subpart if the Sponsor proposes a project for which they have not yet
obtained appropriate property interests. Note that the work may not commence until
Sponsor obtains acceptable property interests. Identify such property by parcel number
that corresponds to the associated Exhibit A property map.
c. Complete this subpart when acquiring property interests under the grant. Identify such
property by parcel number that corresponds to the associated Exhibit A property map.
FAA Form 5100-100
PART III — Budget Information
SECTION A. GENERAL
1. Assistance Listing Number - Show the Assistance Listing Number from which the assistance is
requested.
2. Functional or Other Breakout: Indicate "Airport Improvement Program". Prepare a separate set of
Part III forms for other Federal program categories.
SECTION B. CALCULATION OF FEDERAL GRANT
When applying for a new grant, use the Total Amount Column only. Use all columns when requesting
revisions of previously awarded amounts.
Line 1 - Enter amounts needed for administration expenses, which may include such items as: legal fees,
mailing/shipping expenses, audit fees and documented Sponsor employee time that is necessary to
administer the grant.
Line 2 - Enter amounts pertaining to allowable preliminary expenses. These include such expenses as
independent fee estimate preparation, advertising expenses and permits.
Line 3 - Enter amounts directly associated with the acquisition of land, existing structures, and related
right-of-way.
Line 4 - Enter fees for architectural engineering basic services.
Line 5 - Enter amounts for architectural engineering special services (e.g. surveys, tests and borings).
Line 6 - Enter fees for inspection, testing and monitoring of construction and related programs.
Line 7 - Enter amounts associated with the development of land where the primary purpose of the grant
is land improvement. Site work normally associated with major construction should be excluded from this
category and shown on line 11.
Line 8 - Enter the dollar amounts needed to provide relocation advisory assistance, and the net amounts
for replacement (last resort) housing. Do not include relocation administration expenses on this Line;
include them on Line 1.
Line 9 - Enter the estimated amount of relocation payments to be made to displaced persons, business
concerns, and non-profit organizations for moving expenses and replacement housing.
Line 10 - Enter the cost of demolition or removal of improvements on developed land. Reduce the costs
on this line by the amount of expected proceeds from the sale of salvage, if so instructed by the Federal
grantor agency. Otherwise, show the proceeds on Line 15.
Line 11 - Enter amounts for the actual construction of, addition to or restoration of a facility. Include in this
category the amounts of project improvements such as grading, drainage, paving, marking, lighting,
buildings, seeding/sodding, etc.
Line 12 - Enter amounts for equipment. Examples include ARFF vehicles, SRE equipment, AWOS
equipment, interactive training, NAVAID equipment, etc.)
Line 13 - Enter miscellaneous amounts for items not specifically covered by previous categories.
FAA Form 5100-100 iv
Line 14 - Enter the sum of Lines 1-13.
Line 15 - Enter the estimated amount of program income that will be earned during the grant period and
applied to the program. Examples include vehicle trade-in value, sale of millings resulting from project,
credits passed on from contractor, etc. This line may be used to indicate applied liquidated damages.
Line 16 - Enter the difference between Line 14 and Line 15.
Line 17 - Enter the aggregate amount for those items, which are a part of the project but not subject to
Federal participation. Refer to Section C, exclusions.
Line 18 — Enter the subtotal sum of Lines 16 and 17 (This is the amount to which the matching share
ratio prescribed in program legislation is applied.)
Line 19 - Indicate the total amount of the Federal assistance requested. This value is determined by
multiplying the grant participation rate by the amount indicated in line 18.
Line 20 — Indicate the amount of the Grantee's share (from Section D).
Line 21 — Indicate the amount of other shares (from Section D)
Line 22 — Indicate sum of Lines 19, 20 and 21.
SECTION C. EXCLUSIONS
Line 23 a-g - Identify and list those costs which are part of the project cost but are not subject to Federal
participation because of program legislation or Federal grantor agency instructions. The total amount on
Line g should agree with the amount shown on Line 17 of Section B.
SECTION D. PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
Line 24 a-g - Show the source of the grantee's share. If cash is not immediately available, specify the
actions completed to date and those actions remaining to make cash available under Section E -
Remarks. Indicate also the period of time that will be required after execution of the grant agreement to
obtain the funds. If there is a non -cash contribution, explain what this contribution will consist of.
Line 24h - Indicate total of Lines 24 a-g. This amount must equal the amount in Section B, Line 20.
Line 25a - Show the amount that will be contributed by a State or state agency, only if the applicant is not
a State or state agency. If there is a non -cash or other contribution, explain what the contribution will
consist of under Section E - Remarks.
Line 25b - Show the amount that will be contributed from other sources. If there is a non -cash
contribution, explain what the contribution will consist of under Section E - Remarks.
Line 25c - Show the total of Lines 28a and 28b. This amount must be the same as the amount shown in
Section B, Line 21.
Line 26 - Enter the totals of Lines 24h and 25c.
SECTION E. OTHER REMARKS
Make any remarks pertinent to the project and provide any other information required by these
instructions or the grantor agency. Attach additional sheets, if necessary.
FAA Form 5100-100 V
PART IV — Program Narrative
Prepare the program narrative statement in accordance with the following instructions for all new grant
programs. Requests for supplemental assistance should be responsive to Item 5b only. Requests for
continuation or refunding or other changes of an approved project should be responsive to Item 5c only.
1. OBJECTIVES AND NEED FOR THIS ASSISTANCE
Provide a short and concise description of the proposed improvement. Include a narrative on why this
improvement is needed.
2. RESULTS OR BENEFITS EXPECTED
Identify results and benefits to be derived. For example, include a description of who will occupy the
facility and show how the facility will be used. For land acquisition or development projects, explain how
the project will benefit the public.
3. APPROACH
a. Outline a plan of action pertaining to the scope and detail of how the Sponsor proposes to
accomplish the work.
b. Cite factors, which might accelerate or decelerate the work, and your reason for taking this
approach as opposed to others. Describe any unusual features of the project such as
construction approach, reductions in cost or time or extraordinary social and community
involvements.
c. Provide projections of project milestone dates. As a minimum, identify target dates for defining
project costs (i.e. bid opening or completion of negotiations), anticipated issuance of notice -to -
proceed and anticipated project completion date.
d. Identify monitoring and oversight mechanisms the Sponsor proposes to implement.
e. List key individuals and entities such as consultant, Sponsor personnel and contractor who will
work on the project. Provide a short description of the nature of their effort or contribution.
4. GEOGRAPHIC LOCATION
Identify location of the project. This will typically be the name of the airport.
5. IF APPLICABLE, PROVIDE THE FOLLOWING INFORMATION:
a. Describe the relationship between this project and other work planned, anticipated or underway
under the Federal Assistance listed under Part II, Section A, Item 5.
b. Explain the reason for all requests for supplemental assistance and justify the need for additional
funding.
c. If there have been significant changes in the project objectives, location, approach or time delays,
explain and justify. For other requests for changes or amendments, explain the reason for the
change(s). If the scope, budget, or objectives have changed or an extension of time is necessary,
explain the circumstances and justify.
6. SPONSOR'S REPRESENTATIVE
Identify contact information of Sponsor's representative.
FAA Form 5100-100 Vi
01, U.S Department of Transportation
�/ Federal Aviation Administration
OMB CONTROL NUMBER 2120-0569
EXPIRATION DATE: 6/30/2023
Application for Federal Assistance (Development and Equipment Projects)
PART II — PROJECT APPROVAL INFORMATION
Part II - SECTION A
The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form.
Item 1.
Does Sponsor maintain an registration in the System for Award Management
active
X Yes ❑ No
(www.SAM.gov)?
Item 2.
Can Sponsor commence the work identified in the application in the fiscal the
year
X Yes No ❑ N/A
is made the is is later? ❑
grant or within six months after grant made, whichever
Item 3.
Are there any foreseeable events that would delay completion of the project? If yes, ❑ Yes X No ❑ N/A
provide attachment to this form that lists the events.
Item 4.
Will the project(s) covered by this request have impacts or effects on the
environment that require mitigating measures? If yes, attach a summary listing of ❑ Yes X No ❑ N/A
mitigating measures to this application and identify the name and date of the
environmental document(s).
Item 5.
Is the project covered by this request included in an approved Passenger Facility
Charge (PFC) application or other Federal assistance program? If yes, please X Yes ❑ No ❑ N/A
identify other funding sources by checking all applicable boxes.
X The project is included in an approved PFC application.
If included in an approved PFC application,
does the application only address AIP matching share? X Yes ❑ No
❑ The project is included in another Federal Assistance program. Its CFDA number is below
Item 6.
Will the Federal include Sponsor indirect described in
requested assistance costs as
Yes X No ❑ N/A
2 CFR Appendix VII to Part 200, States and Local Government and Indian Tribe
Indirect Cost Proposals?
If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate
the Sponsor proposes to apply:
De Minimis rate of 10% as permitted by 2 CFR § 200.414.
❑ Negotiated Rate equal to % as approved by (the Cognizant Agency)
on (Date) (2 CFR part 200, appendix VII).
Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs.
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION
Page 1 of 7
OMB CONTROL NUMBER 2120-0569 OMB
EXPIRATION DATE. 6/30/2023
PART II - SECTION B
Certification Regarding Lobbying
The declarations made on this page are under the signature of the authorized representative as identified in box 21 of
form SF-424, to which this form is attached. The term "Sponsor" refers to the applicant name provided in box 8 of the
associated SF-424 form.
The Authorized Representative 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 Sponsor, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with 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 Authorized Representative shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The Authorized Representative shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. 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.
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 7
OMB CONTROL NUMBER 2120-0569 OMB
EXPIRATION DATE 6/30/2023
PART II — SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use — The Sponsor has taken the following actions to assure compatible usage of land adjacent
to or in the vicinity of the airport:
The City has implemented land use criteria and an airport overlay zone that helps to ensure compatible land use
adjacent to the airport. See ALP land use drawing.
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:
None
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 the Grant Assurances, either by limiting its legal or financial ability or
otherwise, except as follows:
None
4. 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.
This plan is consistent with state and local plans.
5. Consideration of Local Interest — It has given fair consideration to the interest of communities in or near where the
project may be located.
Yes.
6. Consultation with Users — In making a decision to undertake an airport development project under Title 49, United
States Code, it has consulted with airport users that will potentially be affected by the project (§ 47105(a)(2)).
Yes, as a part of the public process during the last ALP and Master Plan updates.
7. 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.
NA
8. 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 and 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.
NA
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION
Page 3 of 7
OMB CONTROL NUMBER. 2120-0569 OMB
EXPIRATION DATE 6/30/2023
PART 11— SECTION C (Continued)
9. 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:
There is no grant of an excluse right at Yakima Air Terminal - McAllister Field.
10. 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". [1]
The City of Yakima is the sole property owner of the airport. The land interests owned by the sponsor are shown on the
current "Exhibit A" dated October 2020 that is on file with the FAA SEA ADO.
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". [1]
NA
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction
work under the Project, the following property interest in the following areas of land which are to be developed or used
as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on
the aforementioned property map designated as Exhibit "A". [1]
NA
State the 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 (8/20) SUPERSEDES PREVIOUS EDITION
Page 4 of 7
OMB CONTROL NUMBER 2120-0569 OMB
EXPIRATION DATE 6/30/2023
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A — GENERAL
1. Assistance Listing Number:
2. Functional or Other Breakout:
SECTION B — CALCULATION OF FEDERAL GRANT
Cost Classification
Latest Approved
Amount
(Use only for
revisions)
Adjustment
+ or (-) Amount
(Use only for
revisions)
Total
Amount
Required
1. Administration expense
$ 8,000
2. Preliminary expense
22,770
3. Land, structures, right-of-way
4. Architectural engineering basic fees
176,720
5. Other Architectural engineering fees
6. Project inspection fees
7. Land development
8 Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
12. Equipment
13. Miscellaneous
14. Subtotal (Lines 1 through 13)
$ 207,490
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
207,490
17. Less. Ineligible Exclusions (Section C, line 23 g )
18. Subtotal (Lines 16 through 17)
$ 207,490
19. Federal Share requested of Line 18
186,741
20. Grantee share
20,749
21. Other shares
22 TOTAL PROJECT (Lines 19, 20 & 21)
$ 207,490
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION
Page 5 of 7
OMB CONTROL NUMBER 2120-0569 OMB
EXPIRATION DATE 6/30/2023
SECTION C — EXCLUSIONS
23. Classification (Description of non -participating work)
Amount Ineligible for
Participation
a.
b.
c.
d.
e
f.
g
Total
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
24. Grantee Share — Fund Categories
Amount
a. Securities
b. Mortgages
c. Appropriations (by Applicant)
d. Bonds
e. Tax Levies
f. Non -Cash
g. Other (Explain) PFC Appplication 21-20-C-00-YKM Design
20,749
h. TOTAL - Grantee share
$ 20,749
25. Other Shares
Amount
a. State
b Other
c. TOTAL - Other Shares
26. TOTAL NON-FEDERAL FINANCING
SECTION E — REMARKS
(Attach sheets if additional space is required)
The sponsor intends to use PFC to match the grant. An application has been submitted. PFC Application
21-20-C-00-YKM
The following items are incorporated by reference: Exhibit A Property Map dated October 2020.
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION
Page 6 of 7
OMB CONTROL NUMBER. 2120-0569
OMB EXPIRATION DATE 6/30/2023
PART IV — PROGRAM NARRATIVE
(Suggested Format)
PROJECT: Taxilane Charlie Extension - Design, Bidding and Environmental
AIRPORT: Yakima Air Terminal - McAllister Field, YKN
1. Objective:
The project consists of the design, bidding and environmental of the extension of Charlie taxilane.
2. Benefits Anticipated:
This project will open up a large portion of the airport for hangar development. The airport is quickly running out of
space for development and currently has a long hangar wait list. This project also includes demo of two existing T
Hangars that have outlived their useful life and are beyond repair.
3. Approach: (See approved Scope of Work in Final Application)
Cat Ex was issued by the FAA in January of 2022. Contract documents have been developed and are awaiting FAA
review. Topographic survey and site plan development was completed in the Spring. Once that was completed we
moved forward with alternatives development. Yakima chose a preferred alternative, design was then completed
based on the City's preferred alternative. Moving forward, the project is anticipated to be bid this fall/winter with
hopes of construction to commence in 2023.
4. Geographic Location:
Yakima, Washington
5. If Applicable, Provide Additional Information:
Yakima Air Terminal - McAllister Field, YKM
6. Sponsor's Representative: (include address & telephone number)
Bob Harrison, City Manager 509 575-6000
129 2nd Street
Yakima, WA 98901-2637
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION
Page 7 of 7
CIP DATA SHEET
AIRPORT
Yakima Air Terminal -McAllister Field ILOCID ( YKM
LOCAL PRIORITY
1
PLANNED YEAR TO
PROJECT DESCRIPTION
South GA Taxlaine Project, Environmental, Design and Bidding
CONSTRUCT
2022
JUSTIFICATION: I The 2021 Airport Layout Plan Update identified the need for additional hangar developmea
to meet current and future based aircraft demands. Additionally, an aircraft manufacturer has indicated the neJ
to expand their facilities, which will be located adjacent to the proposed taxilanes.
COST ESTIMATE:
ADMINISTRATION.
ENGINEERING:
INSPECTION:
$ 8,000
1. Construction
$
4
$
S176,720
2
$ 22, 770
5
$
$
3
$
TOTAL:
$ 207,490
Federal ( %) $ 186,74
State $
Local ( %) $ 20,749
SPONSOR VERIFICATION:
For each and every
project as applicable
Date (see instruction sheet or attached comments for more information)
2021 -Date of approved ALP with project shown
Jan 22' -Date of environmental determination (ROD, FONSI, CatEx)
NA
NA
NA
-Date of land acquisition or signed purchase agreement
-Date of pavement maintenance program
-Date of Benefit Cost Analysis (BCA) as required
SPONSOR'S SIGNATURE:
PRINTED NAME:
PHONE NUMBER:
DATE:
% �6t4sti //G✓o— TITLE: 1.44kribo 7p »/
tiJ q-S— (a010 EMAIL. ra./Mj�• pc" e tea �NfAtriel •
FAA USE ONLY
7/70/z2
PREAPP NUMBER
GRANT NUMBER
NPIAS CODE
WORK CODE
FAA PRIORITY
FEDERAL $
INSTRUCTIONS FOR COMPLETING
CAPITAL IMPROVEMENT PLAN DATA SHEET
A Capital Improvement Plan (CIP) Data Sheet must be submitted for each major work item that is requesting Federal assistance over
the next 5 years. Submittal of this information is necessary to effectively administer the Airport Improvement Program.
HEADER INFORMATION - Include the name of the airport, the LOCID, the local priority of the requested work, the project description
and the desired Federal fiscal year (October 1st to September 30th) that you desire the project.
SKETCH - Color -coded sketch that depicts and identifies the scope of the proposed project. An aerial photo can be used as long as it
shows the proposed project information.
JUSTIFICATION - Answers the questions of what it is, why is it needed and what is the benefit. This is a very important part of your
Capital Improvement Plan. The information is required to accurately determine the eligibility of your project and its priority for
funding. Projects without adequate justification cannot be added to the CIP. To help you prepare solid justification we have
compiled the following list of suggestions, which you can use to support your assessment of the need for this project. Be sure to list
all reasons and needs for your project and include a detailed description of existing conditions. Use extra pages if needed.
For pavement rehabilitation include the age of the pavement, distresses, Pavement Condition Index
(PCI) Rating (may be able to obtain this info from ODA), or any other factor that would affect pavement life.
Include type of pavement (apron, runway) and dimensions (linear feet and width or square footage). Also
include what you have done to maintain the pavement over its lifetime and the date of the last major
rehabilitation (i.e. overlays, sealcoats, etc.)
New taxiways/taxilanes — what will this taxiway/taxilane serve? Does it serve a hangar area? Is it a
parallel taxiway? What width are you proposing? If you propose a width that is wider than FAA standards,
indicate how that additional pavement will be funded.
For Apron Expansion indicate the current size of the apron and what you plan to add. Indicate why you
need more apron space and how the apron area will be used (tie down area, etc).
For fencing projects — indicate the height of the fence and lineal footage. Also, explain why the fence is
needed (i.e. deer fencing, security, etc)
Land acquisition explain what the land is needed for — approach protection? Development such as a
new hangar area? Also include if it is fee or easement. Include parcel numbers and acreage of those parcels.
Please state if residences or businesses will be acquired
For Arrival/Departure Building, provide what type of facility you currently have and what you plan to
build (square footage, types of rooms)
COST ESTIMATE - The estimate of total cost including the Federal, State and Local shares. For first year projects, attach a detailed
cost estimate showing unit costs; aggregate in square yards (S.Y.), concrete paving in square yards (S.Y.) and asphaltic paving in tons.
Separate the costs for land acquired in fee and land acquired in easement. Note if the project is dependent on other sources of
funding (i.e. other agency grants)
SPONSOR VERIFICATION - The verification that the project is properly planned and is ready to "go" within the first year of the CIP for
applicable projects. Except for equipment acquisition, proposed development and land acquisition must be shown on an approved
ALP, have cleared environmental processing, and the land already acquired or have a signed purchase agreement. These
requirements must be completed before a project can be considered for upcoming year funding. For the 2nd and 3rd years of the CIP
program, the sponsor should be working towards satisfying these requirements. Date each item verifying that all project
requirements are satisfied (check marks are not acceptable).
STANDARD DOT TITLE VI ASSURANCES
City of Yakima (hereinafter referred to as the Sponsor) hereby agrees that as a condition to
receiving Federal financial assistance from the Department of Transportation (DOT), it will
comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all
requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs
of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964
(hereinafter referred to as the "Regulations") to the end that no person in the United States
shall, on the ground of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any program or
activity for which the applicant receives Federal financial assistance and will immediately take
any measures necessary to effectuate this agreement. Without limiting the above general
assurance, the Sponsor agrees concerning this grant that:
1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be
conducted or operated in compliance with all requirements of the Regulations.
2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the
Act and the Regulations.
3. Where Federal financial assistance is received to construct a facility, or part of a facility,
the assurance shall extend to the entire facility and facilities operated in connection therewith.
4. Where Federal financial assistance is in the form or for the acquisition of real property or
an interest in real property, the assurance shall extend to rights to space on, over, or under
such property.
5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a
covenant running with the land, in any future deeds, leases, permits, 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 which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of personal property or real property or interest therein or structures
or improvements thereon, in which case the assurance obligates the Sponsor or any
transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits; or
(b) the period during which the Sponsor retains ownership or possession of the property.
7. It will provide for such methods of administration for the program as are found by the Secretary of
transportation of the official to whom he delegates specific authority to
give reasonable guarantees that it, other sponsors, subgrantees,
contractors, subcontractors, transferees, successors in interest, and
other participants of Federal financial assistance under such program
will comply with all requirements imposed or pursuant to the act, the
Regulations, and this assurance.
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
City of Yakima
(Sponsor)
(Signature of Authorized Official)
Page 2 of 2
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. the contractor shall not
participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or lease of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation
Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions.
Where any information required of a contract is in the exclusive possession of another who fails or refuses to
furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall
set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the
FAA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any
subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved
in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor
may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition,
the contractor may request the United States to enter into such litigation to protect the interest of the United
States.
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments
entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b).
1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree (in the case of deeds and leases add "as a
covenant running with the land") that in the event facilities are constructed,
maintained, or otherwise operated on the said property described in this (deed,
license, lease, permit, etc.) for a purpose for which a DOT program or activity is
extended or for another purpose involving the provision of similar services or benefits,
the (grantee, licensee, 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, YKM
LOCATION: Yakima, WA
AIP PROJECT NO.. 3-53-0089-052-2022
STATEMENTS APPLICABLE TO THIS PROJECT Taxilane Charlie Extension - Design, Bidding and
Environmental
® a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been
given to the interest of communities that are near (Exact name of airport) Yakima Air Terminal —
McAllister Field.
® b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land
from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or
Local jurisdiction.
• c. FBO COORDINATION The airport development proposed in this project has been coordinated with the
Fixed Base Operator(s) utilizing 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:
TITLE: City Manager
DATE r11,1
cJ l.QiD--
SPONSORING AGENCY: City of Yakima
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,
b The nature and basis of opposition,
c Sponsors plan to accommodate or otherwise satisfy the opposition,
d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing
as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and
objectives of such urban planning as has been carried out by the community
e If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance,
f Sponsor's plans, if any, to minimize any adverse effects of the project,
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. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not
more than $100,000 for each such failure.
Signed
Title
Date r�
Sponsor's Authorized Representative
City Manager
FAA
Airports
ASSURANCES
AIRPORT SPONSORS
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public -use
airport; the term "private sponsor" means a private owner of a public -use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and
become part of this 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 this 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 this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30,
32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of
this grant agreement shall remain in full force and effect during the life of the project; 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.
Airport Sponsor Assurances 2/2020 Page 1 of 18
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:
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.'
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42
U.S.C. 4601, et seq.'2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
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.'
I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.'
s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.'
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.'
u. Copeland Anti -kickback Act - 18 U.S.C. 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.'
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.'
Y.
Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L.
109-282, as amended by section 6202 of Pub. L. 110-252).
Airport Sponsor Assurances 2/2020 Page 2 of 18
EXECUTIVE ORDERS
a. Executive Order 11246 - Equal Employment Opportunity'
b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11998 —Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs
e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building
Construction'
f. Executive Order 12898 - Environmental Justice
g.
h.
Executive Order 13788 - Buy American and Hire American
Executive Order 13858 — Strengthening Buy -American Preferences for Infrastructure
Projects
FEDERAL REGULATIONS
a. 2 CFR Part180 — OMB Guidelines to Agencies on Government -wide Debarment and
Suspension (Non -procurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants
and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States,
Local Governments, and Non -Profit Organizations].4' s, 6
c. 2 CFR Part 1200 — Non -procurement Suspension and Debarment
d. 14 CFR Part 13 - Investigative and Enforcement Procedures14 CFR Part 16 - Rules of Practice
For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150 - Airport noise compatibility planning.
f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government
Services.
g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964.
h. 29 CFR Part 1- Procedures for predetermination of wage rates.'
i. 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.'
j. 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).'
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and federally assisted contracting
requirements).'
I. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative
agreements to state and local governments.'
m. 49 CFR Part 20 - New restrictions on lobbying.
Airport Sponsor Assurances 2/2020 Page 3 of 18
n. 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.
o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal
and Federally Assisted Programs.' 2
q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of
Transportation Programs.
r. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance.'
s. 49 CFR Part 28 —Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities conducted by the Department of Transportation.
t. 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.
u. 49 CFR Part 32 —Government-wide Requirements for Drug -Free Workplace (Financial
Assistance)
v. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 41- Seismic safety of Federal and federally assisted or regulated new building
construction.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in this grant agreement.
FOOTNOTES TO ASSURANCE C.1.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 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.
4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform
Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part
215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2
CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the
Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part
200 which affect administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this Part becomes
final. Federal agencies, including the Department of Transportation, must implement the
policies and procedures applicable to Federal awards by promulgating a regulation to be
effective by December 26, 2014 unless different provisions are required by statute or approved
by OMB.
Airport Sponsor Assurances 2/2020 Page 4 of 18
5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this 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 this grant and to finance and carry out the proposed
project and comply with all terms, conditions, and assurances of this grant agreement. It
shall designate an official representative and shall in writing direct and authorize that
person to file this application, including all understandings and assurances contained
therein; to act in connection with this application; and to provide such additional
information as may be required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by
the United States. It has sufficient funds available to assure operation and maintenance of items
funded under this 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 this
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. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, 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 this grant agreement without approval by the
Airport Sponsor Assurances 2/2020 Page 5 of 18
Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United
States Code, to assume the obligations of this grant agreement and to have the power,
authority, and financial resources to carry out all such obligations, the sponsor shall insert in
the contract or document transferring or disposing of the sponsor's interest, and make
binding upon the transferee all of the terms, conditions, and assurances contained in this
grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of
local government or are on property owned by a unit of local government other than the
sponsor, it will enter into an agreement with that government. Except as otherwise
specified by the Secretary, that agreement shall obligate that government to the same
terms, conditions, and assurances that would be applicable to it if it applied directly to the
FAA for a grant to undertake the noise compatibility program project. That agreement and
changes thereto must be satisfactory to the Secretary. It will take steps to enforce this
agreement against the local government if there is substantial non-compliance with the
terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it
will enter into an agreement with the owner of that property which includes provisions
specified by the Secretary. It will take steps to enforce this agreement against the property
owner whenever there is substantial non-compliance with the terms of the agreement.
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 this grant agreement and shall insure that such arrangement also requires
compliance therewith.
Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport.
Sponsors of general aviation airports entering into any arrangement that results in
permission for the owner of residential real property adjacent to or near the airport must
comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
g.
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.
Airport Sponsor Assurances 2/2020 Page 6 of 18
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. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension
at a medium or large hub airport, the sponsor has made available to and has provided upon
request to the metropolitan planning organization in the area in which the airport is located, if
any, a copy of the proposed amendment to the airport layout plan to depict the project and a
copy of any airport master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction
of pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance -management program and it assures that it will use such program for
the useful life of any pavement constructed, reconstructed or repaired with Federal financial
assistance at the airport. It will provide such reports on pavement condition and pavement
management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project 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 this grant, the total cost of the project in connection with
which this 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 this 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 this 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.
Airport Sponsor Assurances 2/2020 Page 7 of 18
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this
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 this 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
Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans,
and small business concerns owned and controlled by disabled veterans as defined in Section
47112 of Title 49, United States Code. However, this preference shall apply only where the
individuals are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the
Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this grant
agreement, and, upon approval of the Secretary, shall be incorporated into this grant
agreement. Any modification to the approved plans, specifications, and schedules shall also be
subject to approval of the Secretary, and incorporated into this grant agreement.
17. Construction Inspection and Approval.
►t 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.
Airport Sponsor Assurances 2/2020 Page 8 of 18
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 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
Airport Sponsor Assurances 2/2020 Page 9 of 18
respect to the airport, of the noise compatibility program measures upon which Federal funds
have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and
without unjust discrimination to all types, kinds and classes of aeronautical activities,
including commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at
the airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will
insert and enforce provisions requiring the contractor to-
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed -based operators making the
same or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed -
based operator that is authorized or permitted by the airport to serve any air carrier at such
airport.
e. Each air carrier using such airport (whether as a tenant, 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.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm,
or corporation operating aircraft on the airport from performing any services on its own
aircraft with its own employees [including, but not limited to maintenance, repair, and
fueling] that it may choose to perform.
In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance, the services involved will be provided on the same conditions as would apply to
the furnishing of such services by commercial aeronautical service providers authorized by
the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to
be met by all users of the airport as may be necessary for the safe and efficient operation of
the airport.
g.
Airport Sponsor Assurances 2/2020 Page 10 of 18
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the
airport if such action is necessary for the safe operation of the airport or necessary to serve
the civil aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending
to provide, aeronautical services to the public. For purposes of this paragraph, the providing of
the services at an airport by a single fixed -based operator shall not be construed as an exclusive
right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based
operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed -
based operator and such airport. It further agrees that it will not, either directly or
indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport
to conduct any aeronautical activities, including, but not limited to charter flights, pilot
training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising
and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum
products whether or not conducted in conjunction with other aeronautical activity, repair
and maintenance of aircraft, sale of aircraft parts, and any other activities which because of
their direct relationship to the operation of aircraft can be regarded as an aeronautical
activity, and that it will terminate any exclusive right to conduct an aeronautical activity now
existing at such an airport before the grant of any assistance under Title 49, United States
Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No
part of the Federal share of an airport development, airport planning or noise compatibility
project for which a grant is made under Title 49, United States Code, the Airport and Airway
Improvement Act of 1982, the Federal Airport Act or the Airport 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. The following exceptions apply to this paragraph:
1) 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
Airport Sponsor Assurances 2/2020 Page 11 of 18
by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not
apply.
2) If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land, this
limitation on the use of all revenues generated by the sale shall not apply to certain
proceeds from the sale. This is conditioned on repayment to the Secretary by the private
owner of an amount equal to the remaining unamortized portion (amortized over a 20-
year period) of any airport improvement grant made to the private owner for any
purpose other than land acquisition on or after October 1, 1996, plus an amount equal
to the federal share of the current fair market value of any land acquired with an airport
improvement grant made to that airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at Section 47102 of title 49 United
States Code), if the FAA determines the airport sponsor meets the requirements set
forth in Sec. 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will
direct that the audit will review, and the resulting audit report will provide an opinion
concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether
funds paid or transferred to the owner or operator are paid or transferred in a manner
consistent with Title 49, United States Code and any other applicable provision of law,
including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of Section 47107 of Title 49, United States Code.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request and make such reports available to the public; make
available to the public at reasonable times and places a report of the airport budget in a
format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations
and other instruments, available for inspection by any duly authorized agent of the
Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the
project and continued compliance with the terms, conditions, and assurances of this grant
agreement including deeds, leases, agreements, regulations, and other instruments,
available for inspection by any duly authorized agent of the Secretary upon reasonable
request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make
available to the public following each of its fiscal years, an annual report listing in detail:
1) all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2) 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.
Airport Sponsor Assurances 2/2020 Page 12 of 18
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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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;
3) the location of all existing and proposed non -aviation areas and of all existing
improvements thereon; and
4) all proposed and existing access points used to taxi aircraft across the airport's
property boundary. Such airport layout plans and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary which approval
shall be evidenced by the signature of a duly authorized representative of the Secretary
on the face of the airport layout plan. The sponsor will not make or permit any
changes or alterations in the airport or any of its facilities which are not in conformity
Airport Sponsor Assurances 2/2020 Page 13 of 18
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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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 except
in the case of a relocation or replacement of an existing airport facility due to a change in
the Secretary's design standards beyond the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall,
on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
activity conducted with, or benefiting from, funds received from this grant.
a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b)
and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all non-discrimination requirements imposed by, or
pursuant to these assurances.
b. Applicability
1) Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor's program or activities, these requirements extend to all of the
sponsor's programs and activities.
2) Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3) Real Property. Where the sponsor receives a grant or other Federal financial assistance
in the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial
assistance is to provide, or is in the form of, personal property, or real property, or interest
therein, or structures or improvements thereon, in which case the assurance obligates the
sponsor, or any transferee for the longer of the following periods:
1) So long as the airport is used as an airport, or for another purpose involving the
provision of similar services or benefits; or
2) So long as the sponsor retains ownership or possession of the property.
Airport Sponsor Assurances 2/2020 Page 14 of 18
d. Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work, or material under this grant agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
"The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act
of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all
bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, disadvantaged business enterprises and airport concession disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award."
e. Required Contract Provisions.
1) It will insert the non-discrimination contract clauses requiring compliance with the acts
and regulations relative to non-discrimination in Federally -assisted programs of the
DOT, and incorporating the acts and regulations into the contracts by reference in every
contract or agreement subject to the non-discrimination in Federally -assisted programs
of the DOT acts and regulations.
2) It will include a list of the pertinent non-discrimination authorities in every contract that
is subject to the non-discrimination acts and regulations.
3) It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis
of race, color, national origin, creed, sex, age, or handicap as a covenant running with
the land, in any future deeds, leases, license, permits, or similar instruments entered
into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -
grantees, contractors, subcontractors, consultants, transferees, successors in interest, and
other participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
g.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, 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 be, at the discretion of the Secretary, (1) reinvested in another
project at the airport, or (2) transferred to another eligible airport as prescribed by the
Secretary. The Secretary shall give preference to the following, in descending order, (1)
Airport Sponsor Assurances 2/2020 Page 15 of 18
reinvestment in an approved noise compatibility project, (2) reinvestment in an approved
project that is eligible for grant funding under Section 47117(e) of title 49 United States
Code, (3) reinvestment in an approved airport development project that is eligible for grant
funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4)
transferred to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the
Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility
purposes is leased at fair market value and consistent with noise buffering purposes, the
lease will not be considered a disposal of the land. Revenues derived from such a lease may
be used for an approved airport development project that would otherwise be eligible for
grant funding or any permitted use of airport revenue.
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 or
transferred to another eligible airport as prescribed by the Secretary. The Secretary shall
give preference to the following, in descending order: (1) reinvestment in an approved noise
compatibility project, (2) reinvestment in an approved project that is eligible for grant
funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an
approved airport development project that is eligible for grant funding under Sections
47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor
of another public airport to be reinvested in an approved noise compatibility project at that
airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund.
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.
Engineering and Design Services. If any phase of such project has received Federal funds under
Chapter 471 subchapter 1 of Title 49 U.S.C., 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 in the same manner as a contract for architectural and engineering services is
negotiated under Chapter 11 of Title 40 U. S. C., or an equivalent qualifications -based
requirement prescribed for or by the sponsor of the airport.
Airport Sponsor Assurances 2/2020 Page 16 of 18
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.
a. 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.
b. 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.
c. 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 sponsor shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition, the
sponsor shall not discriminate on the basis of race, color, national origin or sex in the
administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions
Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23
and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26
to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or
concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26
and 23, and as approved by DOT, are incorporated by reference in this agreement.
Implementation of these programs is a legal obligation and failure to carry out its terms shall be
treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry
out its approved program, the Department may impose sanctions as provided for under Parts 26
and 23 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 1936 (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
Airport Sponsor Assurances 2/2020 Page 17 of 18
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 Sponsor Assurances 2/2020 Page 18 of 18
FAA
Airports
Current FAA Advisory Circulars Required for Use in AIP
Funded and PFC Approved Projects
Updated: 1/31/2022
View current and previous versions of these ACs and any associated changes at:
http://www.faa.gov/airports/resources/advisory_circulars and
http://www faa goy/regulations policies/advisory circulars/.
NUMBER
TITLE
70/7460-1 M
Obstruction Marking and Lighting
150/5000-9A
Announcement of Availability — Report No. DOT/FAA/PP/92-5, Guidelines for
the Sound Insulation of Residences Exposed to Aircraft Operations
150/5000-17
Critical Aircraft and Regular Use Determination
150/5020-1
Noise Control and Compatibility Planning for Airports
150/5070-6B,
Airport Master Plans
Changes 1 - 2
150/5070-7
The Airport System Planning Process
Change 1
150/5100-13C
Development of State Aviation Standards for Airport Pavement Construction
150/5200-28F
Notices to Airmen (NOTAMs) for Airport Operators
150/5200-30D,
Airport Field Condition Assessments and Winter Operations Safety
Changes 1 - 2
150/5200-31 C,
Airport Emergency Plan
Changes 1 - 2
150/5200-33C
Hazardous Wildlife Attractants on or near Airports
1 All grant recipients are responsible for reviewing errata sheets and addendums pertaining to these
Advisory Circulars.
FAA Advisory Circulars Required for Use in
AIP Funded and PFC Approved Projects
Updated 1/31/2022
ARP
Page 1 of 5
. -.
arF✓
r y v3
.a: .,. `mr't. fs ... ,-„.. a�-., ., f. .t � ..&. .. �.,-. r°."'.a ., z.. ...
150/5200-34A
Construction or Establishment of Landfills Near Public Airports
150/5200-38
Protocol for the Conduct and Review of Wildlife Hazard Site Visits, Wildlife
Hazard Assessments, and Wildlife Hazard Management Plans
150/5210-5D
Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7D
Aircraft Rescue and Fire Fighting Communications
150/5210-13C
Airport Water Rescue Plans and Equipment
150/5210-14B
Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
150/5210-15A
Aircraft Rescue and Firefighting Station Building Design
150/5210-18A
Systems for Interactive Training of Airport Personnel
150/5210-19A
Driver's Enhanced Vision System (DEVs)
150/5220-10E
Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
150/5220-16E,
Change 1
Automated Weather Observing Systems (AWOS) for Non -Federal
Applications
150/5220-17B
Aircraft Rescue and Fire Fighting (ARFF) Training Facilities
150/5220-18A
Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20A
Airport Snow and Ice Control Equipment
150/5220-21C
Aircraft Boarding Equipment
150/5220-22B
Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5220-23A
Frangible Connections
150/5220-24
Airport Foreign Object Debris (FOD) Detection Equipment
150/5220-25
Airport Avian Radar Systems
150/5220-26,
Changes 1 - 2
Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS -
B) Out Squitter Equipment
150/5230-4C
Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports
150/5300-13A,
Change 1
Airport Design
150/5300-14D
Design of Aircraft Deicing Facilities
150/5300-15A
Use of Value Engineering for Engineering and Design of Airport Grant Projects
FAA Advisory Circulars Required for Use in
AIP Funded and PFC Approved Projects
Updated 1/31/2022
ARP
Page 2 of 5
NUMBER
TITLE
150/5300-16B
General Guidance and Specifications for Aeronautical Surveys: Establishment
of Geodetic Control and Submission to the National Geodetic Survey
150/5300-17C,
Change 1
Standards for Using Remote Sensing Technologies in Airport Surveys
150/5300-18B,
Change 1
General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-5D
Airport Drainage Design
150/5320-6G
Airport Pavement Design and Evaluation
150/5320-12C,
Changes 1 - 8
Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-15A
Management of Airport Industrial Waste
150/5320-17A
Airfield Pavement Surface Evaluation and Rating Manuals
150/5325-4B
Runway Length Requirements for Airport Design
150/5335-5C
Standardized Method of Reporting Airport Pavement Strength - PCN
150/5340-1 M,
Change 1
Standards for Airport Markings
150/5340-5D
Segmented Circle Airport Marker System
150/5340-18G,
Change 1
Standards for Airport Sign Systems
150/5340-26C
Maintenance of Airport Visual Aid Facilities
150/5340-30J
Design and Installation Details for Airport Visual Aids
150/5345-3G
Specification for L-821, Panels for the Control of Airport Lighting
150/5345-5B
Specifications for Airport Lighting Circuit Selector Switch
150/5345-7F
Specification for L-824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-10H
Specification for Constant Current Regulators and Regulator Monitors
150/5345-12F
Specification for Airport and Heliport Beacons
150/5345-13B
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
FAA Advisory Circulars Required for Use in
AIP Funded and PFC Approved Projects
Updated 1/31/2022
ARP
Page 3 of 5
NUMBER
TITLE
150/5345-26E
FAA Specification For L-823 Plug and Receptacle, Cable Connectors
150/5345-27F
FAA Specification for Wind Cone Assemblies
150/5345-28H
Precision Approach Path Indicator (PAP!) Systems
150/5345-39E
Specification for L-853, Runway and Taxiway Retroreflective Markers
150/5345-42J
Specification for Airport Light Bases, Transformer Housings, Junction Boxes,
and Accessories
150/5345-43J
Specification for Obstruction Lighting Equipment
150/5345-44K
Specification for Runway and Taxiway Signs
150/5345-45C
Low -Impact Resistant (LIR) Structures
150/5345-46E
Specification for Runway and Taxiway Light Fixtures
150/5345-47C
Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-49D
Specification L-854, Radio Control Equipment
150/5345-50B
Specification for Portable Runway and Taxiway Lights
150/5345-51B
Specification for Discharge -Type Flashing Light Equipment
150/5345-52A
Generic Visual Glideslope Indicators (GVGI)
150/5345-53D
Airport Lighting Equipment Certification Program
150/5345-54B
Specification for L-884, Power and Control Unit for Land and Hold Short
Lighting Systems
150/5345-55A
Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B
Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-12F
Airport Signing and Graphics
150/5360-13A
Airport Terminal Planning
150/5360-14A
Access to Airports By Individuals With Disabilities
150/5370-2G
Operational Safety on Airports During Construction
150/5370-10H
Standard Specifications for Construction of Airports
150/5370-11 B
Use of Nondestructive Testing in the Evaluation of Airport Pavements
FAA Advisory Circulars Required for Use in
AIP Funded and PFC Approved Projects
Updated 1/31/2022
ARP
Page 4 of 5
NUMBER
TITLE
150/5370-13A
Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt
150/5370-15B
Airside Applications for Artificial Turf
150/5370-16
Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
150/5370-17
Airside Use of Heated Pavement Systems
150/5380-6C
Guidelines and Procedures for Maintenance of Airport Pavements
150/5380-7B
Airport Pavement Management Program
150/5380-9
Guidelines and Procedures for Measuring Airfield Pavement Roughness
150/5390-2C
Heliport Design
150/5395-1B
Seaplane Bases
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 1/31/2022
NUMBER
TITLE
150/5100-14E,
Change 1
Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
150/5100-17,
Changes 1 - 7
Land Acquisition and Relocation Assistance for Airport Improvement Program
Assisted Projects
150/5100-21
State Block Grant Program
150/5370-12B
Quality Management for Federally Funded Airport Construction Projects
FAA Advisory Circulars Required for Use in
AIP Funded and PFC Approved Projects
Updated 1/31/2022
ARP
Page 5 of 5
U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-134, Selection of Consultants — Airport
Improvement Program Sponsor Certification
Paperwork Reduction Act Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of information displays a currently
valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public
reporting for this collection of information is estimated to be approximately 8 hours per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, completing and reviewing the collection of information. All responses to this collection of
information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting
requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.
FAA Form 5100-134
01 U S. Department of Transportation OMB CONTROL NUMBER. 2120-0569
fte Federal Aviation Administration EXPIRATION DATE 6/30/2023
Selection of Consultants
Airport Improvement Program Sponsor Certification
Sponsor: City of Yakima
Airport: Yakima Air Terminal - McAllister Field, YKM
Project Number: AIP 3-52-0089-052-2022
Description of Work: Taxilane Charlie Extension - Design, Bidding and Environmental
Application
49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). General requirements for selection of consultant services within federal grant programs
are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications -based procedures
provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14,
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time
based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative
issues arising out of their procurement actions (2 CFR § 200.318(k)).
❑x Yes ❑ No ❑ N/A
2. Sponsor procurement actions ensure or will ensure full and open competition that does not
unduly limit competition (2 CFR § 200.319).
Yes ❑ No ❑ N/A
3. Sponsor has excluded or will exclude any entity that develops or drafts specifications,
requirements, or statements of work associated with the development of a request -for -
qualifications (RFQ) from competing for the advertised services (2 CFR § 200.319).
❑x Yes ❑ No ❑ N/A
FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3
4. The advertisement describes or will describe specific project statements -of -work that provide
clear detail of required services without unduly restricting competition (2 CFR § 200.319).
❑x Yes ❑ No ❑ N/A
5. Sponsor has publicized or will publicize a RFQ that:
a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and
b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)).
❑x Yes ❑ No ❑ N/A
6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged
business enterprise participation with price not being a selection factor (2 CFR § 200.320(d)).
❑x Yes ❑ No ❑ N/A
7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to
individuals or firms suspended, debarred or otherwise excluded from participating in federally
assisted projects (2 CFR §180.300).
❑x Yes ❑ No ❑ N/A
8. A/E services covering multiple projects: Sponsor has agreed to or will agree to:
a. Refrain from initiating work covered by this procurement beyond five years from the date
of selection (AC 150/5100-14); and
b. Retain the right to conduct new procurement actions for projects identified or not
identified in the RFQ (AC 150/5100-14).
❑x Yes ❑ No ❑ N/A
9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as
most qualified for the services identified in the RFQ (2 CFR § 200.323).
12Yes ❑ No ❑ N/A
10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately
from costs associated with eligible work (2 CFR § 200.302).
❑x Yes ❑ No ❑ N/A
11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the
procurement action, rationale for contract type and basis for contract fees (2 CFR §200.318(i)).
❑x Yes ❑ No ❑ N/A
12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant
contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix II)
❑x Yes ❑ No ❑ N/A
FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3
13. For contracts that apply a time -and -material payment provision (also known as hourly rates,
specific rates of compensation, and labor rates), the Sponsor has established or will establish:
a. Justification that there is no other suitable contract method for the services (2 CFR
§200.318(j));
b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.318(j)); and
c. A high degree of oversight that assures consultant is performing work in an efficient
manner with effective cost controls in place 2 CFR §200.318(j)).
❑Yes El No ON/A
14. Sponsor is not using or will not use the prohibited cost -plus -percentage -of -cost (CPPC) contract
method. (2 CFR § 200.323(d)).
El Yes ❑ No ❑ N/A
Attach documentation clarifying any above item marked with "no" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
Executed on this day of
Name of Sponsor: City of Yakima
Name of Sponsor's Authorized Official: Bob Harrison
Title of Sponsor's Authorized Official: City Map ger
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3
U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-132, Project Plans and Specifications — Airport
Improvement Program Sponsor Certification
Paperwork Reduction Act Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of information displays a currently
valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public
reporting for this collection of information is estimated to be approximately 8 hours per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, completing and reviewing the collection of information. All responses to this collection of
information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting
requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden to. Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.
FAA Form 5100-132
Olb U S Department of Transportation OMB CONTROL NUMBER. 2120-0569
�/ Federal Aviation Administration EXPIRATION DATE: 6/30/2023
Project Plans and Specifications
Airport Improvement Program Sponsor Certification
Sponsor: City of Yakima
Airport: Yakima Air Terminal - McAllister Field, YKM
Project Number: AIP 3-53-0089-052-2022
Description of Work: Taxilane Charlie Extension - Design, Bidding, and Environmental
Application
49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of
Labor (www.dol.gov/). AIP Grant Assurance C.1—General Federal Requirements identifies applicable
federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under
AIP. A list of current advisory circulars with specific standards for procurement, design or construction of
airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant
Assurance 34 contained in the grant agreement.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate
time based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. The plans and specifications were or will be prepared in accordance with applicable federal
standards and requirements, so that no deviation or modification to standards set forth in the
advisory circulars, or FAA -accepted state standard, is necessary other than those explicitly
approved by the Federal Aviation Administration (FAA) (14 USC § 47105)
❑x Yes ❑ No ❑ N/A
2. Specifications incorporate or will incorporate a clear and accurate description of the technical
requirement for the material or product that does not contain limiting or proprietary features that
unduly restrict competition (2 CFR §200 319)
❑x Yes ❑ No ❑ N/A
FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3
3. The development that is included or will be included in the plans is depicted on the current airport
layout plan as approved by the FAA (14 USC § 47107).
D Yes ❑ No ❑ N/A
4. Development and features that are ineligible or unallowable for AIP funding have been or will be
omitted from the plans and specifications (FAA Order 5100.38, par 3-43).
❑x Yes ❑ No ❑ N/A
5. The specification does not use or will not use "brand name" or equal to convey requirements
unless sponsor requests and receives approval from the FAA to use brand name (FAA Order
5100.38, Table U-5).
❑x Yes ❑ No ❑ N/A
6. The specification does not impose or will not impose geographical preference in their
procurement requirements (2 CFR §200.319(b) and FAA Order 5100.38, Table U-5)
❑X Yes ❑ No ❑ N/A
7. The use of prequalified lists of individuals, firms or products include or will include sufficient
qualified sources that ensure open and free competition and that does not preclude potential
entities from qualifying during the solicitation period (2 CFR §319(d)).
p Yes ❑ No ❑ N/A
8. Solicitations with bid alternates include or will include explicit information that establish a basis for
award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)).
DYes No ❑N/A
9. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering
clause into the contract (FAA Order 5100.38, par 3-57).
El Yes No El N/A
10. The plans and specifications incorporate or will incorporate applicable requirements and
recommendations set forth in the federally approved environmental finding (49 USC §47106(c))
D Yes ❑ No ❑ N/A
11. The design of all buildings comply or will comply with the seismic design requirements of 49 CFR
§ 41.120. (FAA Order 5100.38d, par. 3-92)
❑ Yes ❑ No O N/A
12. The project specification include or will include process control and acceptance tests required for
the project by as per the applicable standard:
a. Construction and installation as contained in Advisory Circular (AC) 150/5370-10.
0 Yes ❑ No ❑ N/A
FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3
b. Snow Removal Equipment as contained in AC 150/5220-20.
❑ Yes ❑ No O N/A
c. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10.
❑ Yes ❑ No p N/A
13. For construction activities within or near aircraft operational areas(AOA):
a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming
to Advisory Circular 150/5370-2.
b. Compliance with CSPP safety provisions has been or will be incorporated into the plans
and specifications as a contractor requirement.
c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order
5100.38, Par. 5-29).
p Yes ❑ No ❑ N/A
14. The project was or will be physically completed without federal participation in costs due to errors
and omissions in the plans and specifications that were foreseeable at the time of project design
(49 USC §47110(b)(1) and FAA Order 5100.38d, par. 3-100).
tI Yes ❑ No ❑ N/A
Attach documentation clarifying any above item marked with "No" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
Executed on this day of
Name of Sponsor:
Name of Sponsor's Authorized Official:
Title of Sponsor's Authorized Official:
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION
Page 3 of 3
U S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-131, Equipment and Construction Contracts —
Airport Improvement Sponsor Certification
Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of information displays a currently
valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public
reporting for this collection of information is estimated to be approximately 8 hours per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, completing and reviewing the collection of information. All responses to this collection of
information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting
requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden to. Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524
FAA Form 5100-131
A, U.S. Department of Transportation OMB CONTROL NUMBER- 2120-0569
�/ Federal Aviation Administration EXPIRATION DATE. 6/30/2023
Equipment and Construction Contracts
Airport Improvement Sponsor Certification
Sponsor. City of Yakima
Airport: Yakima Air Terminal - McAllister Field, YKM
Project Number: AIP 3-53-0089-052-2022
Description of Work: Taxilane Charlie Extension - Design, bidding and Environmental
Application
49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). General procurement standards for equipment and construction contracts within Federal
grant programs are described in 2 CFR §§ 200.317-200.326. Labor and Civil Rights Standards
applicable to the AIP are established by the Department of Labor (www.dol.gov) AIP Grant Assurance
C.1—General Federal Requirements identifies all applicable Federal Laws, regulations, executive orders,
policies, guidelines and requirements for assistance under the AIP. Sponsors may use state and local
procedures provided the procurement conforms to these federal standards.
This certification applies to all equipment and construction projects. Equipment projects may or may not
employ laborers and mechanics that qualify the project as a "covered contract" under requirements
established by the Department of Labor requirements. Sponsor shall provide appropriate responses to
the certification statements that reflect the character of the project regardless of whether the contract is
for a construction project or an equipment project.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate
time based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. A written code or standard of conduct is or will be in effect prior to commencement of the project
that governs the performance of the sponsor's officers, employees, or agents in soliciting,
awarding and administering procurement contracts (2 CFR § 200.318).
❑X Yes ❑ No ❑ N/A
FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 4
2. For all contracts, qualified and competent personnel are or will be engaged to perform contract
administration, engineering supervision, construction inspection, and testing
(Grant Assurance C.17).
❑x Yes ❑ No ❑ N/A
3. Sponsors that are required to have a Disadvantage Business Enterprise (DBE) program on file
with the FAA have included or will include clauses required by Title VI of the Civil Rights Act and
49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts.
El Yes ❑ No ❑ N/A
4. Sponsors required to have a DBE program on file with the FAA have implemented or will
implement monitoring and enforcement measures that:
a. Ensure work committed to Disadvantaged Business Enterprises at contract award is
actually performed by the named DBEs (49 CFR § 26.37(b));
b. Include written certification that the sponsor has reviewed contract records and has
monitored work sites for performance by DBE firms (49 CFR § 26.37(b)); and
c. Provides for a running tally of payments made to DBE firms and a means for comparing
actual attainments (i.e. payments) to original commitments (49 CFR § 26.37(c)).
O Yes ❑ No ❑ N/A
5. Sponsor procurement actions using the competitive sealed bid method (2 CFR § 200.320(c)). was
or will be:
a. Publicly advertised, allowing a sufficient response time to solicit an adequate number of
interested contractors or vendors;
b. Prepared to include a complete, adequate and realistic specification that defines the
items or services in sufficient detail to allow prospective bidders to respond;
c. Publicly opened at a time and place prescribed in the invitation for bids; and
d Prepared in a manner that result in a firm fixed price contract award to the lowest
responsive and responsible bidder.
Q Yes ❑ No ❑ N/A
6. For projects the Sponsor proposes to use the competitive proposal procurement method (2 CFR §
200.320(d)), Sponsor has requested or will request FAA approval prior to proceeding with a
competitive proposal procurement by submitting to the FAA the following.
a. Written justification that supports use of competitive proposal method in lieu of the
preferred sealed bid procurement method;
b. Plan for publicizing and soliciting an adequate number of qualified sources; and
c. Listing of evaluation factors along with relative importance of the factors.
p Yes ❑ No ❑ N/A
7. For construction and equipment installation projects, the bid solicitation includes or will include the
current federal wage rate schedule(s) for the appropriate type of work classifications (2 CFR Part
200, Appendix II).
El Yes ❑ No ❑ N/A
FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 4
8. Concurrence was or will be obtained from the Federal Aviation Administration (FAA) prior to
contract award under any of the following circumstances (Order 5100.38D):
a. Only one qualified person/firm submits a responsive bid;
b. Award is to be made to other than the lowest responsible bidder; and
c. Life cycle costing is a factor in selecting the lowest responsive bidder.
❑x Yes ❑ No ❑ N/A
9. All construction and equipment installation contracts contain or will contain provisions for:
a. Access to Records (§ 200.336)
b. Buy American Preferences (Title 49 U.S.C. § 50101)
c. Civil Rights - General Provisions and Title VI Assurances( 41 CFR part 60)
d. Federal Fair Labor Standards (29 U.S.C. § 201, et seq)
e. Occupational Safety and Health Act requirements (20 CFR part 1920)
f. Seismic Safety — building construction (49 CFR part 41)
g. State Energy Conservation Requirements - as applicable(2 CFR part 200, Appendix II)
h. U.S. Trade Restriction (49 CFR part 30)
i. Veterans Preference (49 USC § 47112(c))
❑x Yes ❑ No ❑ N/A
10. All construction and equipment installation contracts exceeding $2,000 contain or will contain the
provisions established by:
a. Davis -Bacon and Related Acts (29 CFR part 5)
b. Copeland "Anti -Kickback" Act (29 CFR parts 3 and 5)
❑x Yes ❑ No ❑ N/A
11. All construction and equipment installation contracts exceeding $3,000 contain or will contain a
contract provision that discourages distracted driving (E.O. 13513).
❑x Yes ❑ No ❑ N/A
12. All contracts exceeding $10,000 contain or will contain the following provisions as applicable:
a. Construction and equipment installation projects - Applicable clauses from
41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal
Employment Opportunity;
b. Construction and equipment installation - Contract Clause prohibiting segregated facilities
in accordance with 41 CFR part 60-1.8;
c. Requirement to maximize use of products containing recovered materials in accordance
with 2 CFR § 200.322 and 40 CFR part 247; and
d. Provisions that address termination for cause and termination for convenience
(2 CFR Part 200, Appendix II).
❑x Yes ❑ No ❑ N/A
FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 4
13. All contracts and subcontracts exceeding $25,000: Measures are in place or will be in place (e.g.
checking the System for Award Management) that ensure contracts and subcontracts are not
awarded to individuals or firms suspended, debarred, or excluded from participating in federally
assisted projects (2 CFR parts 180 and 1200).
❑x Yes ❑ No ❑ N/A
14. Contracts exceeding the simplified acquisition threshold (currently $250,000) include or will include
provisions, as applicable, that address the following:
a. Construction and equipment installation contracts - a bid guarantee of 5%, a performance
bond of 100%, and a payment bond of 100% (2 CFR § 200.325);
b. Construction and equipment installation contracts - requirements of the Contract Work
Hours and Safety Standards Act (40 USC 3701-3708, Sections 103 and 107);
c. Restrictions on Lobbying and Influencing (2 CFR part 200, Appendix II);
d. Conditions specifying administrative, contractual and legal remedies for instances where
contractor of vendor violate or breach the terms and conditions of the contract (2 CFR
§200, Appendix II), and
e. All Contracts - Applicable standards and requirements issued under Section 306 of the
Clean Air Act (42 USC 7401-7671q), Section 508 of the Clean Water Act (33 USC
1251-1387, and Executive Order 11738.
❑x Yes ❑ No ❑ N/A
Attach documentation clarifying any above item marked with "No" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
Executed on this day of
Name of Sponsor
Name of Sponsor's Authorized Official:
Title of Sponsor's Authorized Official:
Signature of Sponsor's Authorized Official.
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION
Page 4 of 4
U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-129, Construction Project Final Acceptance —
Airport Improvement Program Sponsor Certification
Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of information displays a currently
valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public
reporting for this collection of information is estimated to be approximately 8 hours per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, completing and reviewing the collection of information. All responses to this collection of
information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting
requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden to. Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.
FAA Form 5100-129
*lbU S Department of Transportation OMB CONTROL NUMBER. 2120-0569
`/ Federal Aviation Administration
EXPIRATION DATE 6/30/2023
Construction Project Final Acceptance
Airport Improvement Program Sponsor Certification
Sponsor: City of Yakima
Airport: Yakima Air Terminal - McAllister Field, YKM
Project Number: AIP 3-53-0089-052-2022
Description of Work: Taxilane Charlie Extension - Design, Bidding and Environmental
Application
49 USC § 47105(d), authorizes the Secretary to require me certification from the sponsor that it will
comply with the statutory and administrative requirements in carrying out a project under the Airport
Improvement Program. General standards for final acceptance and close out of federally funded
construction projects are in 2 CFR § 200.343 — Closeout and supplemented by FAA Order 5100.38. The
sponsor must determine that project costs are accurate and proper in accordance with specific
requirements of the grant agreement and contract documents.
Certification Statements
Except for certification statements below marked not applicable (N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgment and
confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate
time based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with
all applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. The personnel engaged in project administration, engineering supervision, project inspection, and
acceptance testing were or will be determined to be qualified and competent to perform the work
(Grant Assurance).
['Yes ❑ No ❑ N/A
2. Construction records, including daily logs, were or will be kept by the resident
engineer/construction inspector that fully document contractor's performance in complying with:
a. Technical standards (Advisory Circular (AC) 150/5370-12);
b. Contract requirements (2 CFR part 200 and FAA Order 5100.38); and
c. Construction safety and phasing plan measures (AC 150/5370-2).
Q Yes ❑ No ❑ N/A
3. All acceptance tests specified in the project specifications were or will be performed and
documented. (AC 150/5370-12).
Q Yes ❑ No ❑ N/A
FAA Form 5100-129 (8/20) SUPERSEDES PREVIOUS EDITION page 1 of 3
4. Sponsor has taken or will take appropriate corrective action for any test result outside of
allowable tolerances (AC 150/5370-12).
Yes ❑ No ❑ N/A
5. Pay reduction factors required by the specifications were applied or will be applied in computing
final payments with a summary made available to the FAA (AC 150/5370-10).
▪ Yes ❑ No ❑ N/A
6. Sponsor has notified, or will promptly notify the Federal Aviation Administration (FAA) of the
following occurrences:
a. Violations of any federal requirements set forth or included by reference in the contract
documents (2 CFR part 200);
b. Disputes or complaints concerning federal labor standards (29 CFR part 5); and
c. Violations of or complaints addressing conformance with Equal Employment Opportunity or
Disadvantaged Business Enterprise requirements (41 CFR Chapter 60 and 49 CFR part 26).
Q Yes ❑ No ❑ N/A
7. Weekly payroll records and statements of compliance were or will be submitted by the prime
contractor and reviewed by the sponsor for conformance with federal labor and civil rights
requirements as required by FAA and U.S. Department of Labor (29 CFR Part 5).
Q Yes ❑ No ❑ N/A
8. Payments to the contractor were or will be made in conformance with federal requirements and
contract provisions using sponsor internal controls that include:
a Retaining source documentation of payments and verifying contractor billing statements
against actual performance (2 CFR § 200.302 and FAA Order 5100.38);
b. Prompt payment of subcontractors for satisfactory performance of work (49 CFR § 26.29);
c. Release of applicable retainage upon satisfactory performance of work (49 CFR § 26.29);
and
d Verification that payments to DBEs represent work the DBE performed by carrying out a
commercially useful function (49 CFR §26.55).
0 Yes ❑ No ❑ N/A
9. A final project inspection was or will be conducted with representatives of the sponsor and the
contractor present that ensure:
a. Physical completion of project work in conformance with approved plans and specifications
(Order 5100.38);
b. Necessary actions to correct punch list items identified during final inspection are complete
(Order 5100.38); and
c. Preparation of a record of final inspection and distribution to parties to the contract
(Order 5100.38);
Q Yes ❑ No ❑ N/A
10. The project was or will be accomplished without material deviations, changes, or modifications
from approved plans and specifications, except as approved by the FAA (Order 5100.38).
Yes ❑ No ❑ N/A
FAA Form 5100-129 (8/20) SUPERSEDES PREVIOUS EDITION page 2 of 3
11. The construction of all buildings have complied or will comply with the seismic construction
requirements of 49 CFR § 41.120.
❑ Yes ❑ No Q N/A
12. For development projects, sponsor has taken or will take the following close-out actions:
a. Submit to the FAA a final test and quality assurance report summarizing acceptance test
results, as applicable (Grant Condition);
b. Complete all environmental requirements as established within the project environmental
determination (Oder 5100.38); and
c. Prepare and retain as -built plans (Order 5100.38).
n Yes ❑ No ❑ N/A
13. Sponsor has revised or will revise their airport layout plan (ALP) that reflects improvements made
and has submitted or will submit an updated ALP to the FAA no later than 90 days from the
period of performance end date. (49 USC § 47107 and Order 5100.38).
❑X Yes ❑ No ❑ N/A
Attach documentation clarifying any above item marked with "No" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
Executed on this day of
Name of Sponsor:
Name of Sponsor's Authorized Official:
Title of Sponsor's Authorized Official:
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both
FAA Form 5100-129 (8/20) SUPERSEDES PREVIOUS EDITION page 3 of 3
ry
U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-130, Drug -Free Workplace — Airport Improvement
Program Sponsor Certification
Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of information displays a currently
valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public
reporting for this collection of information is estimated to be approximately 8 hours per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, completing and reviewing the collection of information. All responses to this collection of
information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting
requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.
FAA Form 5100-130
SDI
U.S Department of Transportation OMB CONTROL NUMBER' 2120-0569
a/ Federal Aviation Administration EXPIRATION DATE. 6/30/2023
Drug -Free Workplace
Airport Improvement Program Sponsor Certification
Sponsor City of Yakima
Airport: Yakima Air Terminal - McAllister Field, YKM
Project Number: AIP 3-53-0089-052-2022
Description of Work: Taxilane Charlie Extension - Design, Bidding and Environmental
Application
49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). General requirements on the drug -free workplace within federal grant programs are
described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a
drug -free workplace in accordance with the regulation The AIP project grant agreement contains specific
assurances on the Drug -Free Workplace Act of 1988.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time
based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. A statement has been or will be published prior to commencement of project notifying employees
that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against
employees for violation of such prohibition (2 CFR § 182.205).
❑x Yes ❑ No ❑ N/A
2. An ongoing drug -free awareness program (2 CFR § 182.215) has been or will be established
prior to commencement of project to inform employees about:
a The dangers of drug abuse in the workplace;
b. The sponsor's policy of maintaining a drug -free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace.
I] Yes ❑ No ❑ N/A
FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3
U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-135, Certification and Disclosure Regarding
Potential Conflicts of Interest — Airport Improvement Program
Sponsor Certification
Paperwork Reduction Act Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of information displays a currently
valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public
reporting for this collection of information is estimated to be approximately 8 hours per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, completing and reviewing the collection of information. All responses to this collection of
information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting
requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden to. Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.
FAA Form 5100-135
Attach documentation clarifying any above item marked with a "No" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
Executed on this day of
Name of Sponsor: City of Yakima
Name of Sponsor's Authorized Official: Bob Harrison
Title of Sponsor's Authorized Official: City Mana
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3
3. Each employee to be engaged in the performance of the work has been or will be given a copy of
the statement required within item 1 above prior to commencement of project (2 CFR § 182.210).
❑x Yes ❑ No ❑ N/A
4. Employees have been or will be notified in the statement required by item 1 above that, as a
condition employment under the grant (2 CFR § 182.205(c)), the employee will:
a. Abide by the terms of the statement; and
b. 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.
❑x Yes ❑ No ❑ N/A
5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after
receiving notice under item 4b above from an employee or otherwise receiving actual notice of
such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice,
including position title of the employee, to the FAA (2 CFR § 182.300)
❑x Yes ❑ No ❑ N/A
6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of
receiving a notice under item 4b above with respect to any employee who is so convicted:
a Take appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; and
b. Require such employee to participate satisfactorily in drug abuse assistance or
rehabilitation programs approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency.
❑x Yes ❑ No ❑ N/A
7. A good faith effort will be made, on a continuous basis, to maintain a drug -free workplace through
implementation of items 1 through 6 above (2 CFR § 182.200).
❑x Yes ❑ No ❑ N/A
Site(s) of performance of work (2 CFR § 182.230):
Location 1
Name of Location: Yakima Air Terminal - McAllister Field
Address: 2300 West Washington Avenue, Yakima, WA 98903
Location 2 (if applicable)
Name of Location.
Address.
Location 3 (if applicable)
Name of Location:
Address:
FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3
I, U S Department of Transportation OMB CONTROL NUMBER' 2120-0569
%I' Federal Aviation Administration EXPIRATION DATE. 6/30/2023
Certification and Disclosure Regarding Potential Conflicts of Interest
Airport Improvement Program Sponsor Certification
Sponsor: City of Yakima
Airport: Yakima Air Terminal - McAllister Field, YKM
Project Number: AIP 3-53-0089-052-2022
Description of Work: Taxilane Charlie Extension - Design, bidding and Environmental
Application
Title 2 CFR § 200.112 and § 1201.112 address Federal Aviation Administration (FAA) requirements for
conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors
must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following
have a financial or other interest in the firm selected for award:
a) The employee, officer or agent,
b) Any member of his immediate family,
c) His or her partner, or
d) An organization which employs, or is about to employ, any of the above.
Selecting "Yes" represents sponsor or sub -recipient acknowledgement and confirmation of the
certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully
comply with the certification statement. If "No" is selected, provide support information explaining the
negative response as an attachment to this form. This includes whether the sponsor has established
standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR §
200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification
statement focus area, but no later than the end of the project period of performance.
Certification Statements
1. The sponsor or sub -recipient maintains a written standards of conduct governing conflict of
interest and the performance of their employees engaged in the award and administration of
contracts (2 CFR § 200.318(c)). To the extent permitted by state or local law or regulations, such
standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of
such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by
contractors or their agents.
❑x Yes ❑ No
FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 2
2. The sponsor's or sub -recipient's officers, employees or agents have not and will not solicit or
accept gratuities, favors or anything of monetary value from contractors, potential contractors, or
parties to sub -agreements (2 CFR § 200.318(c)).
❑x Yes ❑ No
3. The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any
known potential conflict of interest (2 CFR § 1200.112).
Yes ❑ No
Attach documentation clarifying any above item marked with "no" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
have the explanation for any item marked "no" is correct and complete.
Executed on this day of
Name of Sponsor: City of Yakima
Name of Sponsor's Authorized Official: Bob Harrison
Title of Sponsor's Authorized Official: City Manager '
Signature of Sponsor's Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 2
Airport/Sponsor:
AIP #:
TITLE VI PRE -AWARD SPONSOR CHECKLIST
City of Yakima, Yakima Air Terminal — McAllister Field, YKM
3-53-0089-052-2022
Project Description(s):
)
Taxilane Charlie Extension - Design, Bidding and Environmental
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
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
4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two
years. Include who conducted the review and any findings of noncompliance.
® None
To e cnyp)eted b e Civil Rights Staff
Review completed and approved:
Signature
Date: r k !•�l
This checklist is only required for projects that involve one of the following: Environmental Assessment or Impact
Statement (EIS); airport or runway relocation; major runway extension; relocation of any structure of person; or impact
to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or
ethnic population.
Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW; Renton, WA 98057-3356. FAX: (425)
227-1009 Phone (425) 227-2009
1
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.K.
For Meeting of: August 1, 2022
Resolution authorizing a design grant application to the Federal
Aviation Administration (FAA) for Capital Improvement Projects at
the Yakima Air Terminal -McAllister Field
SUBMITTED BY: Jaime Vera, Interim Airport Director
SUMMARY EXPLANATION:
The Federal Aviation Administration makes federal grants available to airports to maintain and
improve airport facilities. The Yakima Air Terminal -McAllister Field has been notified that grant
funds may be available to maintain and/or improve the airport upon submission of completed
grant applications and satisfaction of certain conditions.
The Yakima Air Terminal -McAllister Field has recently completed an Airport Master Plan Update,
which details a variety of Federal Aviation Administration required capital improvement projects,
including designing and constructing a new Taxilane at the south end of the airport which will
provide runway access and opportunities for future hangar development, safety areas grading,
utility improvements and demolition/modification of 2-3 existing hangars.
The design grant application will request a total of approximately Two Hundred and Twenty Thousand
dollars ($220,000) in grant funding from the Federal Aviation Administration, of which the Federal
Aviation Administration will provide up to 90% of the funds needed for capital improvements and the
airport will match the remaining 10% through its Passenger Facility Charge program for said project.
Projects are funded by FAA grants which will not impact the city's general fund.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
2
Description Upload Date Type
❑ Resolution 7/19/2022 Resolution
❑ Grant Application 7/19/2022 Contract
3-53-0089-052-2022
0
U.S. Department
of Transportation
Federal Aviation
Administration
August 11, 2022
Mr. Bob Harrison
City Manager
City of Yakima
129 N. 2nd St.
Yakima, WA 98901
Dear Mr. Harrison:
Airports Division
Northwest Mountain Region
Oregon,Washington
Seattle Airports District
Office:
2200 S 216th St
Des Moines, WA 98198
The Grant Offer for Airport Improvement Program (AIP) Project No. 3-53-0089-052-2022 at Yakima Air
Trml/McAllister Field Airport is attached for execution. This letter outlines the steps you must take to
properly enter into this agreement and provides other useful information. Please read the conditions,
special conditions, and assurances that comprise the grant offer carefully.
You may not make any modification to the text, terms or conditions of the grant offer.
Steps You Must Take to Enter Into Agreement.
To properly enter into this agreement, you must do the following:
1. The governing body must give authority to execute the grant to the individual(s) signing the
grant, i.e., the person signing the document must be the sponsor's authorized representative(s)
(hereinafter "authorized representative").
2. The authorized representative must execute the grant by adding their electronic signature to
the appropriate certificate at the end of the agreement.
3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s)
will automatically receive an email notification.
4. On the same day or after the authorized representative has signed the grant, the sponsor's
attorney(s) will add their electronic signature to the appropriate certificate at the end of the
agreement.
5. If there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow
the above procedures to fully execute the grant and finalize the process. Signatures must be
obtained and finalized no later than August 23, 2022.
6. The fully executed grant will then be automatically sent to all parties as an email attachment.
Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for
reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please
see the attached Grant Agreement for more information regarding the use of this System.
Project Timing. The terms and conditions of this agreement require you to complete the project without
undue delay and no later than the Period of Performance end date (1,460 days from the grant execution
1
3-53-0089-052-2022
date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We
expect you to submit payment requests for reimbursement of allowable incurred project expenses
consistent with project progress. Your grant may be placed in "inactive" status if you do not make draws
on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the
Period of Performance ends are generally not allowable and will be rejected unless authorized by the
FAA in advance.
Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as
follows:
• For all grants, you must submit by December 31st of each year this grant is open:
1. A signed/dated SF-270 (Request for Advance or Reimbursement for non -construction
projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for
Construction Programs), and
2. An SF-425 (Federal Financial Report).
• For non -construction projects, you must submit FAA Form 5100-140, Performance Report within
30 days of the end of the Federal fiscal year.
• For construction projects, you must submit FAA Form 5370-1, Construction Progress and
Inspection Report, within 30 days of the end of each Federal fiscal quarter.
Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply
with audit requirements as established under 2 CFR part 200. Subpart F requires non -Federal entities
that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that
year. Note that this includes Federal expenditures made under other Federal -assistance programs.
Please take appropriate and necessary action to ensure your organization will comply with applicable
audit requirements and standards.
Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your
FAA contact indicated below to close the project without delay and submit the necessary final closeout
documentation as required by your Region/Airports District Office.
FAA Contact Information. [Selection Criteria: Point of Contact Name, Phone, Email] is the assigned
program manager for this grant and is readily available to assist you and your designated representative
with the requirements stated herein.
We sincerely value your cooperation in these efforts and look forward to working with you to complete
this important project.
Sincerely,
Warren D. Ferrell
Manager
Seattle ADO
2
3-53-0089-052-2022
0
U.S. Department
of Transportation
Federal Aviation
Administration
FAA Airport Improvement Program (AIP)
GRANT AGREEMENT
Part I - Offer
Federal Award Offer Date August 11, 2022
Airport/Planning Area Yakima Air Terminal/McAllister Field Airport
FY2022 AIP Grant Number 3-53-0089-052-2022 (Contract Number: DOT-FA22NM-0144)
Unique Entity Identifier FJNNX1XFJ9K3
TO: City of Yakima, Washington
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein
called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 2, 2022, for a grant
of Federal funds for a project at or associated with the Yakima Air Trml/McAllister Field Airport, which is
included as part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the Yakima Air Trml/McAllister Field Airport (herein
called the "Project") consisting of the following:
Extend Taxilane C, including connector taxilanes, (phase 1-design);
which is more fully described in the Project Application.
NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code
(U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018
(Public Law Number 115-254); the Department of Transportation Appropriations Act, 2021 (Public Law
116-260, Division L); the Consolidated Appropriations Act, 2022 (Public Law 117-103); and the
representations contained in the Project Application; and in consideration of: (a) the Sponsor's adoption
and ratification of the Grant Assurances attached hereto; (b) the Sponsor's acceptance of this Offer; and
(c) the benefits to accrue to the United States and the public from the accomplishment of the Project
and compliance with the Grant Assurance and conditions as herein provided;
3
3-53-0089-052-2022
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay ninety (90) percent of the allowable costs incurred accomplishing the
Project as the United States share of the Project.
Assistance Listings Number (Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is
$186,741.
The following amounts represent a breakdown of the maximum obligation for the purpose of
establishing allowable amounts for any future grant amendment, which may increase the foregoing
maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b):
$ 0 for planning
$ 186,741 airport development or noise program implementation; and,
$ 0 for land acquisition.
2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements:
a. Period of Performance:
1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed
by the last Sponsor signatory to the Agreement. The end date of the Period of Performance
is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance
end date shall not affect, relieve, or reduce Sponsor obligations and assurances that
extend beyond the closeout of this Grant Agreement.
2. Means the total estimated time interval between the start of an initial Federal award and
the planned end date, which may include one or more funded portions or budget periods.
(2 Code of Federal Regulations (CFR) § 200.1).
b. Budget Period:
1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as
the period of performance provided in paragraph (2)(a)(1). Pursuant to 2 CFR § 200.403(h),
the Sponsor may charge to the Grant only allowable costs incurred during the Budget
Period.
2. Means the time interval from the start date of a funded portion of an award to the end
date of that funded portion during which the Sponsor is authorized to expend the funds
awarded, including any funds carried forward or other revisions pursuant to 2 CFR §
200.308.
c. Close Out and Termination
1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout
documentation and liquidate (pay-off) all obligations incurred under this award no later
than 120 calendar days after the end date of the period of performance. If the Sponsor
does not submit all required closeout documentation within this time period, the FAA will
proceed to close out the grant within one year of the period of performance end date with
the information available at the end of 120 days. (2 CFR § 200.344).
4
3-53-0089-052-2022
2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions
set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as
applicable.
3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA
has determined to be ineligible or unallowable.
4. Determining the Final Federal Share of Costs. The United States' share of allowable project costs
will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the
Secretary of Transportation ("Secretary"), and any superseding legislation. Final determination of
the United States' share will be based upon the final audit of the total amount of allowable project
costs and settlement will be made for any upward or downward adjustments to the Federal share
of costs.
5. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must
carry out and complete the project without undue delays and in accordance with this Agreement,
49 U.S.C. Chapters 471 and 475, and the regulations, and the Secretary's policies and procedures.
Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any
disengagement from performing the project that exceeds three months or a 25 percent reduction in
time devoted to the project. The report must include a reason for the project stoppage. The
Sponsor also agrees to comply with the grant assurances, which are part of this Agreement.
6. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or
withdraw this offer at any time prior to its acceptance by the Sponsor.
7. Offer Expiration Date. This offer will expire and the United States will 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
August 23, 2022, or such subsequent date as may be prescribed in writing by the FAA.
8. Improper Use of Federal Funds. The Sponsor must 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 for 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
dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant
agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the
amount of the Federal share of such funds. The Sponsor must return the recovered Federal share,
including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must
furnish to the Secretary, upon request, all documents and records pertaining to the determination
of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such Federal share require advance approval by the Secretary.
9. United States Not Liable for Damage or Injury. The United States is not responsible or liable for
damage to property or injury to persons which may arise from, or be incident to, compliance with
this Grant Agreement.
10. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI).
a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from
this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its
information in the SAM until the Sponsor submits the final financial report required under this
Grant, or receives the final payment, whichever is later. This requires that the Sponsor review
and update the information at least annually after the initial registration and more frequently if
5
3-53-0089-052-2022
required by changes in information or another award term. Additional information about
registration procedures may be found at the SAM website (currently at http://www.sam.gov).
b. Unique entity identifier (UEI) means a 12-character alpha -numeric value used to identify a
specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at
https://sam.gov/content/entity-registration.
11. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each
payment request under this Agreement electronically via the Delphi elnvoicing System for
Department of Transportation (DOT) Financial Assistance Awardees.
12. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines
that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor
by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the
Sponsor unilaterally reducing the maximum obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an
overrun in the total actual eligible and allowable project costs to cover the amount of the overrun
provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to
increase the maximum obligation does not apply to the "planning" component of Condition No. 1,
Maximum Obligation.
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best
interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
13. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA
may suspend, cancel, or terminate this Grant Agreement.
14. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial
reporting requirements and payment requirements, including submittal of timely and accurate
reports.
15. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. §
50101, 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 which
funds are provided under this grant. The Sponsor will include a provision implementing Buy
American in every contract and subcontract awarded under this Grant.
16. Build America, Buy America. The sponsor must comply with the requirements under the Build
America, Buy America Act (Public Law 117-58).
17. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the
maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this
Grant Offer:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects if funds are available;
c. May be increased by not more than the greater of the following for a land project, if funds are
available:
6
3-53-0089-052-2022
1. 15 percent; or
2. 25 percent of the total increase in allowable project costs attributable to acquiring an
interest in the land.
If the sponsor requests an increase, any eligible increase in funding will be subject to the United
States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if
applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not
responsible for the same Federal share provided herein for any amount increased over the initial
grant amount. The FAA may adjust the Federal share as applicable through an informal letter of
amendment.
18. Audits for Sponsors.
PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program -specific audit in
accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the
Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy
of the completed audit to the FAA. Sponsors that expend less than $750,000 in Federal awards and
are exempt from Federal audit requirements must make records available for review or audit by the
appropriate Federal agency officials, State, and Government Accountability Office. The FAA and
other appropriate Federal agencies may request additional information to meet all Federal audit
requirements.
19. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR §
180.200, the Sponsor must:
a. Verify the non -Federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System for
Award Management (SAM) to determine if the non -Federal entity is excluded or
disqualified; or
2. Collecting a certification statement from the non -Federal entity attesting they are not
excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or firm are not
excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier
transactions (e.g., Sub -contracts).
c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered
into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars
a contractor, person, or entity.
20. Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging
While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving,
December 30, 2009, the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving when performing any work
for, or on behalf of, the Federal government, including work relating to a grant or subgrant.
7
3-53-0089-052-2022
2. Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all
subgrants, contracts, and subcontracts funded with this Grant.
21. Trafficking in Persons.
a. You as the recipient, your employees, subrecipients under this Grant, and subrecipients'
employees may not:
1. Engage in severe forms of trafficking in persons during the period of time that the Grant
and applicable conditions are in effect;
2. Procure a commercial sex act during the period of time that the Grant and applicable
conditions are in effect; or
3. Use forced labor in the performance of the Grant or any subgrants under this Grant.
b. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if
you or a subrecipient that is a private entity:
1. Is determined to have violated a prohibition in paragraph (a) of this condition; or
2. Has an employee who is determined by the agency official authorized to terminate the
Grant to have violated a prohibition in paragraph (a) of this Condition through conduct
that is either —
a. Associated with performance under this Grant; or
b. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR Part 180, OMB
Guidelines to Agencies on Government -wide Debarment and Suspension
(Nonprocurement), as implemented by our agency at 2 CFR Part 1200.
c. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph (a) of this Condition.
d. Our right to terminate unilaterally that is described in paragraph (a) of this Condition:
1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. § 7104(g)), and
2. Is in addition to all other remedies for noncompliance that are available to us under this
Grant Agreement.
22. Exhibit "A" Property Map. The Exhibit "A" Property Map dated October 2020, is incorporated
herein by reference or is submitted with the project application and made part of this Grant
Agreement.
23. Employee Protection from Reprisal.
a. Prohibition of Reprisals
8
3-53-0089-052-2022
1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee, subgrantee,
contractor, or subcontractor may not be discharged, demoted, or otherwise discriminated
against as a reprisal for disclosing to a person or body described in sub -paragraph (a)(2)
below, information that the employee reasonably believes is evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety; or
v. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered. The persons and bodies to which a disclosure by an employee
is covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or management at the
relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor, contractor, or subcontractor
who has the responsibility to investigate, discover, or address misconduct; or
vii. An authorized official of the Department of Justice or other law enforcement agency.
3. Submission of Complaint. A person who believes that they have been subjected to a
reprisal prohibited by paragraph (a) of this Condition may submit a complaint regarding the
reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation.
4. Time Limitation for Submittal of a Complaint. A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General. Actions, limitations, and exceptions of the
Inspector General's office are established under 41 U.S.C. § 4712(b).
6. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a decision not to
conduct or continue an investigation by the OIG, the person submitting a complaint
assumes the right to a civil remedy under 41 U.S.C. § 4712(c)(2).
SPECIAL CONDITIONS
24. Design Grant. This Grant Agreement is being issued in order to complete the design of the project.
The Sponsor understands and agrees that within 2 years after the design is completed that the
Sponsor will accept, subject to the availability of the amount of Federal funding identified in the
Airport Capital Improvement Plan (ACIP), a grant to complete the construction of the project in
order to provide a useful and useable unit of work. The Sponsor also understands that if the FAA
has provided Federal funding to complete the design for the project, and the Sponsor has not
completed the design within four (4) years from the execution of this Grant Agreement, the FAA
may suspend or terminate grants related to the design.
25. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in
effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the
Future Is Made in All of America by All of America's Workers.
9
3-53-0089-052-2022
26. Grant Approval Based Upon Certification. The FAA and the Sponsor agree that the FAA approval of
this grant is based on the Sponsor's certification to carry out the project in accordance with policies,
standards, and specifications approved by the FAA. The Sponsor Certifications received from the
Sponsor for the work included in this grant are hereby incorporated into this grant agreement. The
Sponsor understands that:
a. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain
prior FAA approval for modifications to any AIP standards or to notify the FAA of any
limitations to competition within the project;
b. The FAA's acceptance of a Sponsor's certification does not limit the FAA from
reviewing appropriate project documentation for the purpose of validating the
certification statements;
If the FAA determines that the Sponsor has not complied with their certification statements, the FAA
will review the associated project costs to determine whether such costs are allowable under AIP.
10
3-53-0089-052-2022
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, 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 Grant Assurances, terms, and conditions as provided herein. Such Grant
Agreement shall become effective upon the Sponsor's acceptance of this Offer.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
/�!
(Signature)
Warren Ferrell
(Typed Nome)
Manager, Seattle Airports District Office
(Title of FAA Official)
' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
11
3-53-0089-052-2022
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 Grant Assurances, terms, and conditions in this Offer and in the Project Application.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
Dated August 17, 2022
City of Yakima, Washington
(Name of Sponsor)
Robert f farrisah
(Signature of Sponsor's Authorized Official)
By: Robert Harrison
(Typed Name of Sponsor's Authorized Official)
Title: City Manager
(Title of Sponsor's Authorized Official)
CITY CONTRACT NO:
RESOLUTION NO:{129(Q
' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
12
3-53-0089-052-2022
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Sara Watkins , 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, who has been duly authorized to
execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws
of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et
seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number 115-254); the Department of
Transportation Appropriations Act, 2021 (Public Law 116-260, Division L); the Consolidated
Appropriations Act, 2022 (Public Law 117-103); and the representations contained in the Project
Application. 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.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
Dated at August 17, 2022
By: ,.
(Signature of Sponsor's Attorney)
Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
13
3-53-0089-052-2022
ASSURANCES
AIRPORT SPONSORS
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public -use
airport; the term "private sponsor" means a private owner of a public -use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and
become part of this 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 this 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 this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25,
30, 32, 33, 34, and 37 in Section C apply to planning projects. The terms, conditions, and
assurances of this Grant Agreement shall remain in full force and effect during the life of the
project; 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.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
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3-53-0089-052-2022
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 Grant
including but not limited to the following:
FEDERAL LEGISLATION
a. 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, 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.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §
4601, et seq.', 2
f. National Historic Preservation Act of 1966 — Section 106 - 54 U.S.C. § 306108.1.1
g. Archeological and Historic Preservation Act of 1974 - 54 U.S.C. § 312501, et seq.'
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section § 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended - 42 U.S.C. § 7401, et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended - 16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973 — Section 102(a) - 42 U.S.C. § 4012a.'
I. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 - 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968, as amended - 42 U.S.C. § 4151, et seq.'
s. Powerplant and Industrial Fuel Use Act of 1978 — Section 403 - 42 U.S.C. § 8373.1
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq.'
u. Copeland Anti -kickback Act - 18 U.S.C. § 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. § 4321, et seq.l
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended —16 U.S.C. § 1271, et seq.
x. Single Audit Act of 1984 - 31 U.S.C. § 7501, et seq.2
y. Drug -Free Workplace Act of 1988 - 41 U.S.C. §§ 8101 through 8105.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as
amended by section 6202 of P.L. 110-252).
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J.
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Build America, Buy America Act, P.L. 117-58, Title IX.
EXECUTIVE ORDERS
a. Executive Order 11246 — Equal Employment Opportunity'
b. Executive Order 11990 — Protection of Wetlands
c. Executive Order 11998 — Flood Plain Management
d. Executive Order 12372 — Intergovernmental Review of Federal Programs
e. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building
Construction'
f. Executive Order 12898 — Environmental Justice
g.
Executive Order 13166 — Improving Access to Services for Persons with Limited English
Proficiency
h. Executive Order 13985 — Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
i. Executive Order 13988 — Preventing and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation
Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's
Workers
k. Executive Order 14008 — Tackling the Climate Crisis at Home and Abroad
FEDERAL REGULATIONS
a. 2 CFR Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards.4,5
c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13 — Investigative and Enforcement Procedures.
e. 14 CFR Part 16 — Rules of Practice For Federally -Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150 —Airport Noise Compatibility Planning.
g.
28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1— Procedures for Predetermination of Wage Rates.'
J.
29 CFR Part 3 — Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.'
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k. 29 CFR Part 5 — Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act)."
I. 41 CFR Part 60 — Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally -assisted contracting requirements)."
m. 49 CFR Part 20 — New Restrictions on Lobbying.
n. 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.
o. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally -Assisted Programs.' 2
q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27 — Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.'
s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
t. 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.
u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial
Assistance).
v. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38 — Americans with Disabilities Act (ADA) Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41— Seismic Safety.
FOOTNOTES To ASSURANCE (C)(1)
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon State and Local Governments by this regulation shall
apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this grant agreement.
Airport Sponsor Assurances 5/2022
Page 4 of 18
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2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this 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 this Grant and to finance and carry out the proposed project
and comply with all terms, conditions, and assurances of this Grant Agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as may be
required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the
United States. It has sufficient funds available to assure operation and maintenance of items funded
under this 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 this 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. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, 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 this 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 this 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
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document transferring or disposing of the sponsor's interest, and make binding upon the
transferee all of the terms, conditions, and assurances contained in this Grant Agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it
will enter into an agreement with that government. Except as otherwise specified by the
Secretary, that agreement shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project. That agreement and changes thereto must
be satisfactory to the Secretary. It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provisions specified by
the Secretary. It will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
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 ensure that the airport will be operated and maintained in
accordance with Title 49, United States Code, the regulations and the terms, conditions and
assurances in this Grant Agreement and shall ensure that such arrangement also requires
compliance therewith.
Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport. Sponsors
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
g•
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.
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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. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a
medium or large hub airport, the sponsor has made available to and has provided upon request to
the metropolitan planning organization in the area in which the airport is located, if any, a copy of
the proposed amendment to the airport layout plan to depict the project and a copy of any airport
master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance -Management.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance -management program and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance
at the airport. It will provide such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under 49 U.S.C. § 44706, 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 this Grant, the total cost of the project in connection with
which this 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 this 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 this Grant was given
or used, it shall file a certified copy of such audit with the Comptroller General of the United
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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 this Grant
Agreement which involve labor, provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public
Building, Property, and Works), 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 this 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 Vietnam era
veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.
However, this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this Grant
Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary, and incorporated into this 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.
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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 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 pilots 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.
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21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed -based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, 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.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport from performing any services on its own aircraft
with its own employees (including, but not limited to maintenance, repair, and fueling) that it
may choose to perform.
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.
g.
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h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be
met by all users of the airport as may be necessary for the safe and efficient operation of the
airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
services at an airport by a single fixed -based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based
operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed -based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant or
permit any person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise compatibility project for
which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport 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.
The following exceptions apply to this paragraph:
1. 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
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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.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale. This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period) of
any airport improvement grant made to the private owner for any purpose other than land
acquisition on or after October 1, 1996, plus an amount equal to the federal share of the
current fair market value of any land acquired with an airport improvement grant made to
that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA
determines the airport sponsor meets the requirements set forth in Section 813 of Public
Law 112-95
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 49 U.S.C. § 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary
may reasonably request and make such reports available to the public; make available to the
public at reasonable times and places a report of the airport budget in a format prescribed by
the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this Grant Agreement
including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
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2. 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 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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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;
3. the location of all existing and proposed non -aviation areas and of all existing
improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport's property
boundary.
Such airport layout plans and each amendment, revision, or modification thereof, shall be
subject to the approval of the Secretary which approval shall be evidenced by the signature of a
duly authorized representative of the Secretary on the face of the airport layout plan. The
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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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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 except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary's design standards beyond the control of
the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on
the grounds of race, color, and national origin (including limited English proficiency) in accordance
with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to
2000d-4); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123
and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or
disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
program and activity conducted with, or benefiting from, funds received from this Grant.
a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§
21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct
all programs in compliance with all non-discrimination requirements imposed by or pursuant to
these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor's program or activities, these requirements extend to all of the
sponsor's programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in
the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is
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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:
1. So long as the airport is used as an airport, or for another purpose involving the provision
of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work, or material under this Grant Agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
"The (City of Yakima), in accordance with the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all
bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant
to this advertisement, [select businesses, or disadvantaged business enterprises or airport
concession disadvantaged business enterprises] will be afforded full and fair opportunity to
submit bids in response to this invitation and no businesses will be discriminated against on the
grounds of race, color, national origin (including limited English proficiency), creed, sex
(including sexual orientation and gender identity), age, or disability in consideration for an
award."
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally -assisted programs of the
Department of Transportation (DOT), and incorporating the acts and regulations into the
contracts by reference in every contract or agreement subject to the non-discrimination in
Federally -assisted programs of the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race, color, national origin (including limited English proficiency), creed, sex (including
sexual orientation and gender identity), age, or disability as a covenant running with the
land, in any future deeds, leases, license, permits, or similar instruments entered into by
the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
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g•
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, 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 be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §
47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value
and consistent with noise buffering purposes, the lease will not be considered a disposal of the
land. Revenues derived from such a lease may be used for an approved airport development
project that would otherwise be eligible for grant funding or any permitted use of airport
revenue.
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, upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §
47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
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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.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49
U.S.C., 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 in the same manner as a contract for
architectural and engineering services is negotiated under Chapter 11 of Title 40 U.S.C., 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 any project funded under an Airport Improvement Program Grant in accordance
with policies, standards, and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars (https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf) for
AIP projects as of August 2, 2022.
35. Relocation and Real Property Acquisition.
a. 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.
b. It will provide a relocation assistance program offering the services described in Subpart C of 49
CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24.
c. 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.
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37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award
and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor
shall not discriminate on the basis of race, color, national origin or sex in the administration of its
Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are
incorporated by reference in this agreement. Implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Parts 26 and 23 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. §§ 3801-3809, 3812).
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 49 U.S.C. §
47102) 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.
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