HomeMy WebLinkAboutR-1995-116 FAA Grant / Project # 3-53-0089-15• •
CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION
NO. R-95- 116 NO. 411-1995
A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY
ratifying Amendment #1 to Federal Aviation Grant (FAA) made to
the Yakima Air Terminal for Project #3-53-0089-15 under
Contract Number DOT-FA95NM-0027 deleting Special Condition
Number 11 authorizing payment by letter of credit.
WHEREAS, the City of Yakima ("City") and Yakima County
("County") are co-owners of the Yakima Air Terminal ("Airport")
WHEREAS, the Airport has received a grant of federal funds for
a project number 3-53-0089-15; and
WHEREAS, the FAA now desires to amend said grant by deleting
special condition Number 11 authorizing payment by letter of
credit,
NOW, THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Amendment #1 to the FAA grant for project 3-53-0089-15
awarded to the Airport shall be amended to delete special condition
number 11 authorizing payment by letter of credit.
The City Manager and City Attorney of the City of Yakima are
hereby authorized to execute the Grant Amendment and other such
documents as may be required.
ADOPTED BY THE CITY COUNCIL this 8th day of Ault, 1995.
��p e
Mayor 'r ro
BE IT HEREBY RESOLVED BY THE BOARD OF YARIMA COUNTY COMMISSIONERS:
The Amendment #1 to the FAA grant for project 3-53-0089-15
awarded to the Airport shall be amended to delete special condition
number 11 authorizing payment by letter of credit.
The Chair of the Board of County Commissioners and Prosecuting
Attorney of the County of Yakima are hereby authorized to execute
the Grant Amendment and other such documents as may be required.
Dated this
ATTEST:
Sylvia E. Hin
-'lprk the
osa
ar
day of August, 1995.
BOARD OF YAKIMA COUNTY COMMISSIONERS
Bet ie Ingham, Chir
A4./_�%�-
,d //
Aar
'`. Jf. Le ir o tier
William H. Flower, Member
/Deputy Clerk
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Page 1 of 3 pages
Contract Number: DOT-FA95NM-0027
Yakima Air Terminal
Yakima, Washington
AMENDMENT NUMBER 1 TO GRANT AGREEMENT FOR PROJECT NUMBER 3-53-0089-15
WHEREAS, the Federal Aviation Administration (hereinafter referred to
as the "FAA") has determined it to be in the interest of the United
States that the Grant Agreement between the FAA, acting for and on
behalf of the United States and the City of Yakima, Washington and the
County of Yakima, Washington (hereinafter referred to as the
"Sponsor"), accepted by said Sponsor on the 5th day of July, 1995, to
be amended as hereinafter provided.
NOW, THEREFORE, WITNESSETH:
That in consideration of the benefits to accrue to the parties hereto,
the FAA on behalf of the United States, on the one part, and the
Sponsor, on the other part, do hereby mutually agree as follows:
Special Condition Number 11 authorizing letter of credit
shall be deleted from the grant agreement.
This Amendment shall expire unless it has been accepted by the Sponsor
on or before August 28, 1995.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
said Grant Agreement to be duly executed.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By....Carolyn Read
Title....Acting Manager, Seattle
Airports District Office
Date....July 28, 1995
FAA Form 5100-38 PG 1 (10-89)
(SEAL)
Attest:
Title:
Page 2 of 3 pages
Project Number: 3-53-0089-15
Yakima Air Terminal
Yakima, Washington
City of Yakima, Washington
.
By ~ �
Title City Manager
Date ..$/.1?195
City Clerk
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Raymond L. Paolella , acting as Attorney for the Sponsor do hereby
certify:
That I have examined the foregoing Amendment to Grant Agreement
and the proceedings taken by said Sponsor relating thereto, and find
that the execution thereof by said Sponsor has been duly authorized and
is in all respects due and proper and in accordance with the laws of
the State of Washington, and further, that, in my opinion, said
Amendment to Grant Agreement constitutes a legal and binding obligation
of the Sponsor in accordance with the terms thereof.
Dated at A/41=1/ �� ..? � G►sJ�� �%� this
/ ? day of i..l , 19)r-5-:-
Title
r-5 . .
Title 627
/7%7
FAA Form 5100-38 PG 2 (10-89)
(SEAL)
Page 3 of 3 pages
Project Number: 3-53-0089-15
Yakima Air Terminal
Yakima, Washington
By
Title. Chair,_ .Board.9f, Yakima ,County„
Commissioners
Date. Aug.ust .8,..1995
County of Yakima, Washington
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Ron
certify:
, acting as Attorney for the Sponsor do hereby
That I have examined the foregoing Amendment to Grant Agreement
and the proceedings taken by said Sponsor relating thereto, and find
that the execution thereof by said Sponsor has been duly authorized and
is in all respects due and proper and in accordance with the laws of
the State of Washington, and further, that, in my opinion, said
Amendment to Grant Agreement constitutes a legal and binding obligation
of the Sponsor in accordance with the terms thereof.
Dated at , this 8th day of § August , 1995 •
By
Title Deputy Prosecuting Attorney
FAA Form 5100-38 PG 3 (10-89)
YA K I M A AIR TERMINAL
2400 West Washington Ave. • Yakima, Washington 98903 • (509) 575-6149 • (509) 575-6185 Fax
May 15, 1995
Paul Johnson, Civil Engineer
Carol Key, Supervisor, Washington Section
FAA, Seattle ADO
1601 Lind Avenue SW
Renton, Washington 98055-4056
Dear Paul and Carol:
Enclosed you will find the original and two copies of our Application for Federal
Assistance for the Runway 9-27 Rehabilitation Project and the Terminal Renovation
Project.
You will note that the request for discretionary funds has been reduced to $896,719
versus the 1.24 million originally requested. This is a result of some very attractive bids
on the runway project.
As you are aware, we are moving forward full speed on these projects, in particular, the
runway rehabilitation project. Our air carriers, Horizon and United Express, have put
considerable time and expense in modifying their schedules and fleet mix for June and
July to accommodate the construction. Additionally, the non-scheduled charter operators
(of which we have four now) have also adjusted their schedules in anticipation of the
project.
We will sincerely appreciate whatever assistance your office can provide is securing the
additional funding (discretionary) needed to accomplish this project within the projected
time frame.
Sin - rely,
rry G. Kilpatrick
Airport Supervisor
orvrB Aj1_provaI No. 0348-
APPLICATION FOR
FEDERAL ASSISTANCE
2 DATE SUBMITTED
May 16, 1995
AppI cant Identifier
`YPE OF SUBMISSION Preepplicabon
1pplrcaaon 0 Construction
iii Construction
3 DATE RECEIVED BY STATE
State Application idenofer
0 Non -Construction 0 Non -Construction
, DATE RECE VED BY FEDERAL AGENCY
Fedora) Idenbhor
9]-118389E
APPLICANT INFORMATION
1 Legal Name.
Yakima Air Terminal
Organizational Unit
Yakima Air Terminal.
address (gtve city, county, stare and zip code)
2400 West Washington Ave.
Yakima, Washington 98903
Yakima County, Washington
Name and telephone number of the person to be contracted on matters involving :nis
application (grve area code) ,
pJerry Kilpatrick
Airport Supervisor
(509) 575-6149
6 EMPLOYER' IDENTIFICATION NUMBER (EIN):
n n n c E
MIE
F
r
l Q
7 TYPE OF APPLICANT (enter appropriate letter in box) II
A. State H. interdependent School District
County I. State Controlled Institution of Higher Learning
C Municipal J Pnvate University
C
0 Township K. Indian Tribe
E. Interstate L. Individual
F. Intermunicipal M. Profit Organization
G Special District N. Other (Specify)
8. TYPE CF APPLICATION:
® New
If Revision, enter appropriate letter(s) in box(es):
A Increase Award B Decrease Award
D Decrease Duration Other (specify)
0 Continuation
II
C Increase
0 Revision
■
Duration
FAR PART 139 PUBLIC AIRPORT
9. NAME OF FEDERAL AGENCY
Federal Aviation Administration
Seattle ADO
10. CATALOG OF FEDERAL DOMESTIC
ASSISTANCE NUMBER
TITLE: Airpoft- Tmprovemnnt
Ill
Program
111
11
I
11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT:
1. Terminal Renovation
2. Runway 9-27 Rehabilitation
12. AREAS AFFECTED BY PROJECT (cities, counties, states. etc.).
Central Washington
13 PROPOSED PROJECT
14 CONGRESSIONAL DISTRICTS OF
Start Date
5/95
Ending Date
6/96
a. Applicant
Fourth
b Project
Fourth
15 ESTIMATED FUNDING
16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 1.2372 PROCESS'
a. YES. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE
STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
DATE
a Federal
$ .00
2,090,652
b Applicant
$ .00
260,683
c State
$ .00
b. NO Q PROGRAM IS NOT COVERED BY E. 0 12372
0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
d Local
5 00
e. Other
6 00
1 Program income
$ 00
17 1STHE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
❑ Yes If yes, attach an explanation No
p TOTAL
52,351,33g0
13. TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED
6Y THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED
a. Typed Name of Authorized Representative 1
Bob Clem
b Title
Managing Director
c. Telephone number
(509) 575-6149
d Signatureof • • ed Represe tiv
1111Ib
r
e Date Signed)
SA -x3---
cvious Editions Not Usable
Authorized for Local Reproduction
Standard Form 424 (Rei 4-05)
Prescribed by OMB Circular A...02
I! S r)EPARTMENT OF _RANSPORTATION . FEDERAL AVIATION ADMINISTRATION
0.'B NO
PART 11
PROJECT APPROVAL INFORMATION
SECTION A
Item 1
Does this assistance request require Store, loc
recioncl, or other priority rating'
Yes X
Name of Governing Body -
onty Rating
tem 2
Coes this cssrs'cnce request require State, or Iocci
advisory educat oncl or health clearances"
Name of Agency or
Douro
Yes X Attach Documentat on;
tem 3
Does •tis assistcnce request reoulre clecringhcuse rev e
•
n accordance with OMB Circular A-95'
Yes
X
Attach Comments'
tem 4.
Does this assistance request require Sra•e, local,
regional or other planning approval'
Yes
X No
Nome of Approving -agency
✓ate
em 5.
Is the proposed prosect covered by an approved
comprehensive plan'
X Yes
Check one State ;J
Local 'X +Airport Master Plan
Regional
No Location of plan Yakima Air_ Terminal
Item 6.
Will the assistance requested serve a Federcl
installation" Yes
X
Name of Federal Installation
No Federal Population benefiting from Prosect
Item i.
Will the assistance requested be or, Federal land
or lost -allot -ion'
Yes
X
Name of Feaeral installation
Location of Federal Land
No Percent of Prosect
Item 8.
Will the assistance requester have on Impact or effect
on the env ronment'
Yes
X
See Instruction for ocdtrlonal information to be
Drovlded.
:tem 9
Will the assistance requested cause the dispicceoent cr
indi,!dual s families businesses, or farms'
Yes
'7
Number of-
individual5
Families
Businesses
-arms
,s there o:i-er related Federal 055istence on th s See :nStruct.ons for cdc:t On01 information to be
Crc:eC( previous, penaina, or antic :Dote_' Provided.
Yes X
FAA Form 5100 .100 i6-'31 5.P=RSEJES FAA ORM 5100-0 PAGEt ' TnRu 7
Page 2
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION
PART II - SECTION C
OMB NO 04-R0209
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
REFER TO EXHIBIT "A", PROPERTY ASAP, DATED 2-84
AIRPORT INFLUENCE ZONE IN CITY OF YAKIMA AND
YAKIMA COUNTY COMPREHENSTVE ZONTNG ORDINANCE
2. Defaults.—The Sponsor is not in default on any obligation to the United States or any agency of the United States Govern-
ment relative to the development, operation, or maintenance of any airport, except as stated herewith -
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 Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows -
NONE
4. Land.—(a) The Sponsor holds the following property interest in the following areas of land* which are to be developed
or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances. and adverse interests,
all of which areas are identified on the aforementioned property map designated as Exhibit "A"
NONE
.*State character of property interest in each area and fisc and identify for each all exceptions, encumbrances, and adverse interest
of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here bti the
area numbers shown on the property mop.
FAA Form 5100-100 (4-76)
DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION
PART 11 - SECTION C (Continued)
OMB NO 04-R0209
111.- -pro-or forth( r rtitle, that the JL„%e i- ,J -.•.I un J title rxaminalu>n h% a qualified Jtt„rne% or title , onlpan% .ind [hat
h attor,r••% ,r till, onup.rrn ha- determined that the-pon-or hold- the abu%e properl\ 1ntr:re-t-
(1i' 1 h. u.,n .,r %.111 .0 11u1r. %sitlun J rea-orlable time but in aro. rs.•nt prior to the .tart Irl an eon<lruction %,ori, under
th. f'r,l., t the l,rlli'IIIc ur„f,t•rt\ alter,• -t 1n th. loll()%viryz arca- .ol land- vn %%111t1 durh rr,n-tru, tion %%ork IS to br. perfnrrned
hi( h area- Jr, nlentii,. d ,In the aforementioned propert% map ,1,:t•o rnale,l a- Exhibit 1
NONE
(.•) The ''pon'or will at,.luire %sithin a reasonable time and 1t feasible prior to the completion of all construction work under
the Project the follo%%1ng prup•rt\ intrre-t 1n the follo%.inu arras of and which are to be de%eloped or used as part of or in
connection with the Airport as it mill be upon completion of the Proje..ct. all of which area: are identified on the aforementioned
!nap dr<1_rnat.•d as Exhlhit -a
NONE
Exclu-Re Hight I -here 1s no grant of an exclusl%e nlht for the conduct of an aeronautu•aI actn•tt, at an% airport o%, ed
or controlled b% the `pons.,r except J- b)llo%.r
NONE
`Mate rhararter of profp•rf tritorect (If Our -II area and list and u/entl1' for each all e.rrepttorrs encamprances. and adterse interests
nl ever% kind inti nutur, ns ludrn_ lien<, easernen(s. leasee. err The separate area. of land near: nal% he identified her. '..)% the
ares nurrnlert s/toren nn the prnperr % map
FAA Form 5100-100 1=
Page 3b
FAA .%C ,31 06913
PAR -i — BUDGET INFORMATION — CCNS1. CTION
SECTION A — GENERAL
Federal Domestic Assistance Catalog No. ... . ... 20-106 — AIP PROGRAM
12. Functional or Other Breakout
SECTION B — CALCULATION OF FEDERAL GRANT
Cosi Clossui,cotron
Use only for revts,ons
Tocol
Amount
Requved
I
Latest Approved
Amount
Adtustnent
- or 1
i 1 Aominlstration expense
S
S
S 12, 500
2. Preliminary expense
3. Landis ructures, right-of-way
Architectural engineering basic fees
I 46,150
5 Other architectural engineering ees
5 Project inspection fees
175, 771.
7. Land development
8. Relocation Expenses
' Relocation payments to Individuals ano Businesses
.ti Demolition and removal
11. Construction and project improvement
2,116, 914
12. Equipment
13. Miscellaneous
14. Total ( Lines 1 through 131
2,351,335
1
15 Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
17. Less: Ineligible Exclusions
i
1C. Add: Cant, ft:net -3
19. Total Project Amt. (Excluding Rehaoilitation Grants)
20. Federal Share requested of Line 19
2,351,335
2,090,652
21. Add Rehabilitation Grants Requested (100 Percents
22 Total Federal grant requested (Lines 20 & 21)
23 Grantee share
2,090,652
260,683
Other shares
—0—
/5 Total project i Lines 22. 23 s 24
52.,351,335
FAA Form 5100-100 (6 73) SUPERSEDES FAA FORM 5100 -10 PAGES i THRU 7
Page 4
DEPAPTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION
SECTION C — EXCLUSIONS
SECTION E — REMARKS
GRANTEE SHARE FROM P.F.C. REVENUES AND GENERAL BUDGET APPROPRIATIONS.
PART IV PROGRAM NARRATIVE (Attach — See Instructions)
FAA Form 5100-100 (5-73) SJPERSEDES FAA FORM 5100-10 RAGES 1 THRU 7
FAA AC 73-0232
Page 5
1
Clossif.coroon Inelrg,ble for I
Porrrc .vofror, 1
26 (1j I
E.ci,c,, r,, ,
Eor,e,ngenc., oa,„
12,
I; I;
b
I
Toros is ,.
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share 5
260,
683
a Securities
b. Mortgages
c. Appropriations (By Applicant) PASSENGER FACILITY CHARGE PROGRAM
260,
683
a. Bonds
e. Tax Levies
f. Non Cash
g Other (Explain)
h. TOT '.,L — Grantee share
l
260,
683
2h. Other Shares
a. State
b Other
c. Total Other Shares
29 TOTAL IS
260-683
SECTION E — REMARKS
GRANTEE SHARE FROM P.F.C. REVENUES AND GENERAL BUDGET APPROPRIATIONS.
PART IV PROGRAM NARRATIVE (Attach — See Instructions)
FAA Form 5100-100 (5-73) SJPERSEDES FAA FORM 5100-10 RAGES 1 THRU 7
FAA AC 73-0232
Page 5
AIRPORT IMPROVEMENT PROGRAM PROJECTS:
AIRPORT: Yakima Air Terminal (YKM)
LOCATION: Yakima, Washington
PROJECT TITLE: Runway 9-27 Rehabilitation Project
AIP PROJECT NO: AIP-3-53-0089-15
STATEMENTS APPLICABLE TO THIS PROJECT:
V a.
INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project,
consideration has been given to the interest of communities that are near
the Yakima Air Terminal.
V b. - THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the
use of publicly owned land from a public park, recreation area, wildlife and
fowl refuge, or a historical site under Federal, State, or Local jurisdiction.
✓ c.
FBO COORDINATION: The airport development proposed in this project
has been coordinated with the Fixed Base Operator(s) utilizing the Yakima
Air Terminal, and they have been informed regarding the scope and nature
of this project.
E7 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:
G�.��-�-Z
Jerry G. Kilpatrick
TITLE: Airport Supervisor
DATE: ..37/37'65
SPONSORING AGENCY: Yakima Air Terminal Board
2400 West Washington Avenue
Yakima, Washington 98903
Yakima Air Terminal, Pre -App Data Sheet
Airport: Yakima Air Terminal, Yakima, Washington (YKM)
Local Priority:
Work Item: Runway 9-27 Rehabilitation Project
Updated :15/May/1995
PP.A.IEe_T A2e4-
.-
1
Justification: The existing porous friction course (PFC) surface on runway 9-27 is 16
Justification:
years old and has "outlived" its useful life. After a review of the surface on October
20, 1993, FAA representatives recommended the surface be replaced as soon as
practical due to safety concerns (FOD damage potential). The current AIP-14 project
includes engineering design services for the project, and therefore, no engineering
costs, other than inspection, are included in this application.
Sponsors Signature: 9:et-er.A6/ } vas
Date: May 15, 9995
Cost Estimates:
ADO Use:
Administration $ 10,000
Preapp Number:
Pre -Engineering $ N/A
Grant Number
Engineering $ N/A
Code:
Inspection $ 159,771
Construction $ 1,670,576
Priority:
Total Project Cost $ 1,840,347
Federal Share $
AIRPORT IMPROVEMENT PROGRAM PROJECTS:
AIRPORT: Yakima Air Terminal (YKM)
LOCATION: Yakima, Washington
PROJECT TITLE: Terminal Building Rehabilitation Project
AIP PROJECT NO: AIP-3-53-0089-15
STATEMENTS APPLICABLE TO THIS PROJECT:
✓ a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project,
consideration has been given to the interest of communities that are near
the Yakima Air Terminal.
v/ b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the
use of publicly owned land from a public park, recreation area, wildlife and
fowl refuge, or a historical site under Federal, State, or Local jurisdiction.
✓ c.
FBO COORDINATION: The airport development proposed in this project
has been coordinated with the Fixed Base Operator(s) utilizing the Yakima
Air Terminal, 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:
i► -'6/� )ei-t-t,
'Jerry G. K patrick
TITLE: Airport Supervisor
DATE: 3745195 -
SPONSORING AGENCY: Yakima Air Terminal Board
2400 West Washington Avenue
Yakima, Washington 98903
1 Yakima Air Terminal, Pre-App Data Sheet
Airport: Yakima Air Terminal, Yakima, Washington (YKM)
Local Priority:
Work Item: Terminal Building Rehabilitation Project - Phase 1
Updated • 15/May/1995
PRD,I E- CT Ara :;
Pt
Justification: The terminal building at YKM does not have a mechanical HVAC system,
no ADA access to the second level and observation deck, entrance doors do not meet
ADA requirements, and the baggage claim area is antiquated and in need of
remodeling. This project will provide a new heating/cooling system to the building, an
elevator to the second floor, new entry doors, a outside cover for the baggage claim
area, and the associated mechanical/electrical improvments necessary to accomplish
the project.
Sponsors Signature: C,� ie.. . J
Date: May 15, 1995
Cost Estimates:
ADO Use:
Preapp Number:
Administration $ 2,500
Pre-Engineering $
Engineering $ 46,150
Inspection $ 16,000
Construction $ 446,338
Grant Number
Code:
Priority:
Federal Share $
Total Project Cost $ 510,988
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for
airport development, airport planning, and noise compatibility program grants for
airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public agency
with control of a public -use airport; the term "private sponsor" means a private
owner of a public -use airport; and the term "sponsor" includes both public agency
sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are
incorporated in and become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a
Public Agency Sponsor. The terms, conditions and assurances of the grant
agreement shall remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development or noise
compatibility program project, or throughout the useful life of the project items
installed within a facility under a noise compatibility program project, but in any
event not to exceed twenty (20) years from the date of acceptance of a grant offer of
Federal funds for the project. However, there shall be no limit on the duration of
the assurance against exclusive rights or the terms, conditions and assurances with
respect to real property acquired with Federal funds. Furthermore, the duration of
the Civil Rights assurance shall be specified in the assurances.
Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applies to a private sponsor except that
the useful life of project items installed within a facility or the useful life of the
facilities developed or equipment acquired under an airport development or noise
compatibility program project shall be no less than ten (10) years from the date of
acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the
grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in
section C apply to planning projects. The terms, conditions, and assurances of the
grant agreement shall remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant
that:
Airport Assurances (1-95) Page 1 of 16
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate
to the application, acceptance and use of Federal funds for this project including but
not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.'
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.S.C. 1501, et seq.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 - 16
U.S.C. 470(0.1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C.
469 through 469c.1
h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C.
4012a 1
i. Rehabilitation Act of 1973 - 29 U.S.C. 794.
j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
k. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
1. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.'-
m. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2
U.S.C. 8373.1
n. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et
seq.1
o. Copeland Antikickback Act - 18 U.S.C. 874.1
p. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et
seq.1
q. Endangered Species Act - 16 U.S.C. 668(a). et seq.'
r. Single Audit Act of 1984 - 31 U.S.C. 7501. et seq.2
s. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 11246 - Equal Employment Opportunity 1
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction'
Federal Regulations
a. 49 CFR Part 18 - Uniform administrative requirements for grants
and cooperative agreements to state and local governments.'
b. 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.
Airport Assurances (1-95) Page 2 of 16
c. 49 CFR Part 23 - Participation by minority business enterprise in
Department of Transportation programs.
d 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.1 2
e. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in
programs and activities receiving or benefitting from Federal
financial assistance.1
f. 49 CFR Part 29 - Governmentwide debarment and suspension (non -
procurement) and governmentwide requirements for drug-free
workplace (grants).
g. 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.
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 nonconstruction 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).1
I. 14 CFR Part 150 - Airport noise compatibility planning.
m. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or
regulated new building construction.'
n. 49 CFR Part 20 - New restrictions on lobbying.
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with
State and Local Governments.
b A-128 - Audits of State and Local Governments.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements
for State and Local Governments receiving Federal assistance. Any
requirement levied upon State and Local Governments by this
regulation and circular shall also be applicable to private sponsors
receiving Federal assistance under the Airport and Airway
Improvement Act of 1982, as amended.
Specific assurances required to be included in grant agreements by any of the above
laws. regulations or circulars are incorporated by reference in the grant agreement.
Airport Assurances (1-95) Page 3 of 16
Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the
grant, and to finance and carry out the proposed project; that a
resolution, motion or similar action has been duly adopted or passed
as an official act of the applicant's governing body authorizing the
filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in
connection with the application and to provide such additional
information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to
finance and carry out the proposed project and comply with all
terms, conditions, and assurances of this grant agreement. It shall
designate an official representative and shall in writing direct and
authorize that person to file this application, including all
understandings and assurances contained therein; to act in
connection with this application: and to provide such additional
information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the
project costs which are not to be paid by the United States. It has sufficient funds
available to assure operation and maintenance of items funded under the grant
agreement which it will own or control.
4. Good Title.
a. It holds good title, satisfactory to the Secretary, to the landing area
of the airport or site thereof, or will give assurance satisfactory to
the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the
property of the sponsor, it holds good title satisfactory to the
Secretary to. that portion of the property upon which Federal funds
will he expended or will give assurance to the Secretary that good
title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive
it of any of the rights and powers necessary to perform any or all of
the terms, conditions, and assurances in the grant agreement without
the written approval of the Secretary, and will act promptly to
acquire, extinguish or modify any outstanding rights or claims of
right of others which would interfere with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary
Airport Assurances (1-95) Page 4 of 16
b. It will not sell, lease, encumber, or otherwise transfer or dispose of
any part of its title or other interests in the property shown on
Exhibit A to this application or, for a noise compatibility program
project, that portion of the property upon which Federal funds have
been expended, for the duration of the terms, conditions, and
assurances in the grant agreement without approval by the
Secretary. If the transferee is found by the Secretary to be eligible
under the Airport and Airway Improvement Act of 1982 to assume
the obligations of the grant agreement and to have the power,
authority, and financial resources to carry out all such obligations,
the sponsor shall insert in the contract or document transferring or
disposing of the sponsor's interest, and make binding upon the
transferee all of the terms, conditions, and assurances contained in
this grant agreement.
c. For all noise compatibility program projects which are to be carried
out by another unit of local government or are on property owned
by a unit of local government other than the sponsor, it will enter
into an agreement with that government. Except as otherwise
specified by the Secretary, that agreement shall obligate that
government to the same terms, conditions, and assurances that
would be applicable to it if it applied directly to the FAA for a
grant to undertake the noise compatibility program project. That
agreement and changes thereto must be satisfactory to the Secretary.
It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of
the agreement.
d. For noise compatibility program projects to be carried out on
privately owned property, it will enter into an agreement with the
owner of that property which includes provisions specified by the
Secretary. It will take steps to enforce this agreement against the
property owner whenever there is substantial non-compliance with
the terms of the agreement.
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 with the Airport and Airway Improvement
Act of 1982, the regulations and the terms, conditions and
assurances in the grant agreement and shall insure that such
arrangement also requires compliance therewith.
Airport Assurances (1-95) Page 5 of 16
6. Consistency with Local Plans. The project is reasonably consistent with plans
(existing at the time of submission of this application) of public agencies that are
authorized by the State in which the project is located to plan for the development
of the area surrounding the airport. For noise compatibility program projects, other
than land acquisition, to be carried out on property not owned by the airport and
over which property another agency has land use control or authority, the sponsor
shall obtain from each such agency a written declaration that such agency supports
that project and the project is reasonably consistent with the agency's plans
regarding the property.
7. Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
8. Consultation with Users. In making a decision to undertake any airport
development project under the Airport and Airway Improvement Act of 1982, it has
undertaken reasonable consultations with affected parties using the airport at which
project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport
runway, or a major runway extension, it has afforded the opportunity for public
hearings for the purpose of considering the economic, social, and environmental
effects of the airport or runway location and its consistency with goals and
objectives of such planning as has been carried out by the community and it shall,
when requested by the Secretary, submit a copy of the transcript of such hearings to
the Secretary. Further, for such projects, it has on its management board either
voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major
runway extension, or runway location it will provide for the Governor of the state
in which the project is located to certify in writing to the Secretary that the project
will be located, designed, constructed, and operated so as to comply with applicable
air and water quality standards. In any case where such standards have not been
approved and where applicable air and water quality standards have been
promulgated by the Administrator of the Environmental Protection Agency.
certification shall be obtained from such Administrator. Notice of certification or
refusal to certify shall be provided within sixty days after the project application has
been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after
January 1, 1995, for the replacement or reconstruction of pavement at the airport, it
assures or certifies that it has implemented an effective airport pavement
maintenance -management program and it assures that it will use such program for
the useful life of any pavement constructed, reconstructed or repaired with Federal
financial assistance at the airport. It will provide such reports on pavement
condition and pavement management programs as the Secretary determines may be
useful.
Airport Assurances (1-95) Page 6 of 16
12. Terminal Development Prerequisites. For projects which include terminal
development at a public airport, it has, on the date of submittal df the project grant
application, all the safety equipment required for certification of such airport under
section 612 of the Federal Aviation Act of 1958 and all the security equipment
required by rule or regulation, and has provided for access to the passenger
enplaning and deplaning area of such airport to passengers enplaning and deplaning
from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Recordkeeping Requirements.
a. It shall keep all project accounts and records which fully disclose
the amount and disposition by the recipient of the proceeds of the
grant, the total cost of the project in connection with which the
grant is given or used, and the a>xtount or nature of that portion of
the cost of the project supplied by other sources, and such other
financial records pertinent to the project. The accounts and records
shall be kept in accordance with an accounting system that will
facilitate an effective audit in accordance with the Single Audit Act
of 1984.
b. It shall make available to the Secretary and the Comptroller General
of the United States, or any of their duly authorized representatives,
for the purpose of audit and examination, any books, documents,
papers, and records of the recipient that are pertinent to the grant.
The Secretary may require that an appropriate audit be conducted
by a recipient. In any case in which an independent audit is made
of the accounts of a sponsor relating to the disposition of the
proceeds of a grant or relating to the project in connection with
which the grant was given or used, it shall file a certified copy of
such audit with the Comptroller General of the United States not
later than six (6) months following the close of the fiscal year for
which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for
work on any projects funded under the grant agreement which involve labor,
provisions establishing minimum rates of wages. to be predetermined by the
Secretary of Labor, in accordance with the Davis -Bacon Act. as amended (40
U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor.
and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project
funded under the grant agreement which involve labor, such provisions as are
necessary to insure that, in the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to Veterans of
the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the
Airport and Airway Improvement Act of 1982. However, this preference shall
apply only where the individuals are available and qualified to perform the work to
which the employment relates.
Airport Assurances (1-95) Page 7 of 16
16. Conformity to Plans and Specifications. It will execute the project subject to
plans, specifications, and schedules approved by the Secretary. Such plans,
specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this
grant agreement, and, upon approval of the Secretary, shall be incorporated into
this grant agreement. Any modification to the approved plans, specifications, and
schedules shall also be subject to approval of the Secretary, and incorporated into
the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent
technical supervision at the construction site throughout the project to assure that
the work conforms to the plans, specifications, and schedules approved by the
Secretary for the project. It shall subject the construction work on any project
contained in an approved project application to inspection and approval by the
Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall require such cost
and progress reporting by the sponsor or sponsors of such project as the Secretary
shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narrative contained in the project application or with the
modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with
the planning project a notice that the material was prepared under a
grant provided by the United States.
d. It will make such material available for examination by the public,
and agrees that no material prepared with funds under this project
shall be subject to copyright in the United States or any other
country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any of the material prepared in
connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's
employment of specific consultants and their subcontractors to do
all or any part of this project as well as the right to disapprove the
proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the
sponsor's employees to do all or any part of the project.
Airport Assurances (1-95) Page 8 of 16
h. It understands and agrees that the Secretary's approval of this
project grant or the Secretary's approval of any planning material
developed as part of this grant does not constitute or imply any
assurance or commitment on the part of the Secretary to approve
any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and
flood conditions. Any proposal to temporarily close the airport for
nonaeronautical purposes must first be approved by the Secretary.
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.
In furtherance of this assurance, the sponsor will have in effect at
all times 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.
Airport Assurances (1-95) Page 9 of 16
21. Compatible Land Use. It will take appropriate action, including the adoption of
zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the
immediate vicinity of the airport to activities and purposes compatible with normal
airport operations, including landing and takeoff of aircraft. In addition, if the
project is for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make its airport available as an airport for public use on fair
and reasonable terms and without unjust discrimination, to all types,
kinds and classes of aeronautical use.
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 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 fair, reasonable, and not unjustly
discriminatory basis to all users thereof, and
(2) charge fair, 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 any airport owned by the sponsor shall
be subject to the same rates, fees, rentals, and other charges as are
uniformly applicable to all other fixed -based operators making the
same or similar uses of such airport and utilizing the same or
similar facilities.
d. Each air carrier using such airport shall have the right to service
itself or to use any fixed -based operator that is authorized or
permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant,
or subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to
facilities directly and substantially related to providing air
transportation as are applicable to all such air carriers which make
similar use of such airport and utilize similar facilities, subject to
reasonable classifications such as tenants or nontenants and
signatory carriers and
Airport Assurances (1-95) Page 10 of 16
nonsignatory carriers. Classification or status as tenant or signatory
shall not be unreasonably withheld by any airport provided an air
carrier assumes obligations substantially similar to those already
imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to
prevent any person, firm, or corporation operating aircraft on the
airport; from performing any services on its own aircraft with its
own employees (including, but not limited to maintenance, repair,
and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and
privileges referred to in this assurance, the services involved will be
provided on the same conditions as would apply to the furnishing of
such services by contractors or concessionaires of the sponsor under
these provisions.
h. The sponsor may establish such fair, equal, and not unjustly
discriminatory conditions to be met by all users of the airport as
may be necessary for the safe and efficient operation of the airport.
The sponsor may prohibit or limit any given type, kind or class of
aeronautical use of the airport if such action is necessary for the
safe operation of the airport or necessary to serve the civil aviation
needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any
person providing, or intending to provide, aeronautical services to the public. For
purposes of this paragraph, the providing of the services at an airport by a single
fixed -based operator shall not be construed as an exclusive right if both of the
following apply:
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 the Airport and
Airport Assurances (1-95) Page 11 of 16
Airway Improvement Act of 1982.
24. Fee and Rental Structure. It will maintain a fee and rental structure consistent
with Assurance 22 and 23 for the facilities and services being provided the airport
users 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 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. If the airport is under the control of a public agency, 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 directly and substantially
related to the actual air transportation of passengers or property; or for noise
mitigation purposes on or off the airport. Provided, however, that if covenants or
assurances in debt obligations issued before September 3, 1982, by the owner or
operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for the use
of the revenues from any of the airport owner or operator's facilities, including the
airport, to support not only the airport but also the airport owner or operator's
general debt obligations or other facilities, then this limitation on the use of all
revenues generated by the airport (and, in the case of a public airport, local taxes on
aviation fuel) shall not apply.
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.
(b) make available to the public at reasonable times and places a report of the
airport budget in a format prescribed by the Secretary;
(c) 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;
(d) for noise compatibility program projects, make records and documents relating
to the project and continued compliance with the terms, conditions, and assurances
of the grant agreement including deeds, leases, agreements, regulations, and other
instruments, available for inspection by any duly authorized agent of the Secretary
upon reasonable request; and
Airport Assurances (1-95) Page 12 of 16
(e) in a format prescribed by the Secretary, provide to the Secretary and make
available to the public, not later than 60 days following each of its fiscal years,
ending after March 1, 1995, an annual report listing in detail :
(i) all amounts paid by the airport to any other unit of government and the
purposes for which each such payment was made; and
(ii) all services and property provided by the airport to other units of
government and the amount of compensation received for provision of each such
service and property.
27. Use by Government Aircraft. It will make available all of the facilities of the
airport developed with Federal financial assistance and all those usable for landing
and takeoff of aircraft to the United States for use by Government aircraft in
common with other aircraft at all times without charge, except, if the use by
Government aircraft is substantial, charge may be made for a reasonable share,
proportional to such use, for the cost of operating and maintaining the facilities
used. Unless otherwise determined by the Secretary, or otherwise agreed to by the
sponsor and the using agency. substantial use of an airport by Government aircraft
will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary, would unduly interfere with use of the
landing areas by other authorized aircraft, or during any calendar month that -
a. Five (5) or more Government aircraft are regularly based at the airport or
on land adjacent thereto, or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal
Government for use in connection with any air traffic control or air navigation
activities, or weather -reporting and communication activities related to air traffic
control, any areas of land or water, or estate therein, or rights in buildings of the
sponsor as the Secretary considers necessary or desirable for construction,
operation, and maintenance at Federal expense of space or facilities for such
purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
Airport Assurances (1-95) Page 13 of 16
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the
airport showing (1) boundaries of the airport and all proposed
additions thereto, together with the boundaries of all offsite areas
owned or controlled by the sponsor for airport purposes and
proposed additions thereto; (2) the location and nature of all
existing and proposed airport facilities and structures (such as
runways, taxiways, aprons, terminal buildings, hangars and roads),
including all proposed extensions and reductions of existing airport
facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such
airport layout plans and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which
approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout plan.
The sponsor will not make or permit any changes or alterations in
the airport or any of its facilities which are not in conformity with
the airport layout plan as approved by the Secretary and which
might, in the opinion of the Secretary, adversely affect the safety,
utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which
the Secretary determines adversely affects the safety, utility, or
efficiency of any federally owned, leased, or funded property on or
off the airport and which is not in conformity with the airport
layout plan as approved by the Secretary, the owner or operator
will, if requested, by the Secretary (1) eliminate such adverse effect
in a manner approved by the Secretary; or (2) bear all costs of
relocating such property (or replacement thereof) to a site
acceptable to the Secretary and all costs of restoring such property
(or replacement thereof) to the level of safety, utility, efficiency,
and cost of operation existing before the unapproved change in the
airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no
person shall, on the grounds of race, creed, color, national origin,
sex, age, or handicap be excluded from participating in any activity
conducted with or benefitting from funds received from this grant.
This assurance obligates the sponsor for the period during which
Federal financial assistance is extended to the program, except where
Federal financial assistance is to provide, or is in the form of
personal property or real property or interest therein or structures or
improvements thereon in
which case the assurance obligates the sponsor or any transferee for
the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance
is extended, or for another purpose involving the provision of similar
services or benefits, or (b) the period during which the sponsor
retains ownership or possession of the property.
Airport Assurances (1-95) Page 14 of 16
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility
purposes, it will dispose of the land, when the land is no longer
needed for such purposes, at fair market value, at the earliest
practicable time. That portion of the proceeds of such disposition
which is proportionate to the United States' share of acquisition of
such land will, at the discretion of the Secretary, 1) be paid to the
Secretary for deposit in the Trust Fund, or 2) be reinvested in an
approved noise compatibility project as prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development
purposes (other than noise compatibility), it will, when the land is
no longer needed for airport purposes, dispose of such land at fair
market value or make available to the Secretary an amount equal to
the United States' proportionate share of the fair market value of the
land. That portion of the proceeds of such disposition which is
proportionate to the United States' share of the cost of acquisition
of such land will, (a) upon application to the Secretary, be
reinvested in another eligible airport improvement project or
projects approved by the Secretary at that airport or within the
national airport system, or (b) be paid to the Secretary for deposit in
the Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes
under this assurance if (a) it may be needed for aeronautical
purposes (including runway protection zones) or serve as noise
buffer land, and (b) the revenue from interim uses of such land
contributes to the financial self-sufficiency of the airport. Further,
land purchased with a grant received by an airport operator or
owner before December 31, 1987, will be considered to be needed
for airport purposes if the Secretary or Federal agency making such
grant before December 31, 1987, was notified by the operator or
owner of the uses of such land, did not object to such use, and the
land continues to be used for that purpose, such use having
commenced no later than December 15, 1989.
c. Disposition of such land under (a) or (b) will be subject to the
retention or reservation of any interest or right therein necessary to
ensure that such land will only be used for purposes which are
compatible with noise levels associated with operation of the
airport.
32. Engineering and Design Services. It will award each contract, or sub -contract for
program management, construction management, planning studies, feasibility
studies, architectural services, preliminary engineering, design, engineering,
surveying, mapping or related services with respect to the project in the same
manner as a contract for architectural and engineering services is negotiated under
Title IX of the Federal Property and Administrative Services Act of 1949 or an
equivalent qualifications -based requirement prescribed for or by the sponsor of the
airport.
Airport Assurances (1-95) Page 15 of 16
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 s'/n/53and included in this grant, and in accordance with
applicable state policies, standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real
property, to the greatest extent practicable under State law, by the land acquisition
policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners
for necessary expenses as specified in Subpart B. (2) It will provide a relocation
assistance program offering the services described in Subpart C and fair and
reasonable relocation payments and assistance to displaced persons as required in
Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable
period of time prior to displacement, comparable replacement dwellings to displaced
persons in accordance with Subpart E of 49 CFR Part 24.
Airport Assurances (1-95) Page 16 of 16
STANDARD DOT TITLE VI ASSURANCES
Nf: \/11\ILIMW \1'2. kEDEAAlrN3AL(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
recuirements 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 cf, 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 _siting the above general assurance,
the Sponsor agrees concerning this grant that:
1. Each "program" and "facility" (as defined in Section 21.23(a) and
21.23(b)) will be conducted cr operated in compliance with all requirements
cf the Regulations.
2. It will insert the clauses cf 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 enzi-= facility and
facilities operated in connection therewith.
4. Where Federal financial assistance is in the form cr for the acquisition
cf real property or an interest in real property, the assurance shall extend
to rights to space on, over, or under such property.
_. It will include the a_propriate clauses set forth in Attachment 2 cf
this assurance, as a covenant running with the land, in any futur=e deeds,
leases, permits, licenses, and similar agreements entered into by the
Socnscr with other parties:
(a) for the subsequent transfer of real property acquired cr improved
with Federal financial assistance under this project; and
(b) for the construction cr use cf or access tc space on, over, cr
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, cr 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 anv transferee for the
longer of the following periods:
(a) the period during which the property is used for a purcose for
which Federal financial assistance is extended, cr for another rurccsee
involving the provision of similar services or benefits; cr
CONTRACTOR CONTRACTUAL REOU1REMENTS
ATT'ACIIMENT 1
During the performance ()I' this contract, the contractor, for itself. its assignees and succe,surs in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply vvith 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 nut
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 v%ith 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
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 ot'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 L nited States to enter into such litigation to protect the interest
of the L niter! States.
CLAUSES FOR DEEDS, LICEIsiSES, LEASES, PERMITS OR SiMiLAR INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in Bleeds. licenses. leases, permits. or similar instruments entered
into by the Sponsor pursuant to the pro\i:eions of -assurances 5(a) and 5(b).
The (grantee. licensee. permittee. etc.. as appropriate) for himself. his heirs. personal
representatives. successors in interest, and assigns. as a part of the consideration hereof.
does hereby covenant and agree (fin 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 [)OT program or acti'ity 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 pairsuant to 49 CFR Part 21. Nondiscrimination in
Federally .Assisted Programs of tl:+e Department of Transportation. and as said Regulations
mai be amended.
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) aro person on thegrounds 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
over. or under such 1.:a1 and the furnishing of sen ices thereon. no
rc ;rounds of race. color. •,r 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.
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
acreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting
to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
+e'ber 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
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 510,000 and
not more than $100,000 for each such failure.
Signed
Title
�1 5
Sponsthor?ze Representative
Date
CURRENT FAA ADVISORY CIRCULARS FOR AIF PROJECTS
Effecti'e Date• 8-12-93
NUMBER SUBJECT
7D/7460 -1H Obstruc5on Markt g and Lighting
CHG 1 & 2
150/5100-143 Arcuitech.ral, Engineering, and Planning Consultant Services for Airport Grant
CHG 1 Projects
150/5210-53 Parneng, Marking and Lighting of Vehicles Used on an Airport
150/5210-7B Air aft Fra and Rescue CcmmunicaDors
150/5210-1e Airport Fire and Resa* Personnel Protective Cbrhing
150/5210-15 Airport F,escle & rsetighting Station 3uiiding Design
150/5220-43 Water Supply Systems for Aim -aft F -e and Rescue Protection
15C/5220 -10A _Gude Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles
150r-020.12 Airport Srnwsweeper Speabca5on Guide
150/5220-:35 Runway Sur'ace Con itfon Sensor S -?5c --,.ion Guide
15:/5220-'4A Airport Fire and Restore Venide Sped5catfon Guide
150:5220-16A Autmated Weather 0^ -serving System -Ls for Non -Feder
150'5220-t 71 DesiApplicationsign Stan a; ee `or Air;,.att RescueF>rs-Sghting Training Facilities
15C/5220-16 Buildings for Storage and Mainienanoe of Arport Snow and Control Equipment = d
Materials
150/5220-20 Airport Snow and Ica Control
m+ ° Equipment
150'5220-21 Guide Specifications far lifts Used to ;,car;' Airline P aengers with Mobility ir:Zparrments
CHG 1
150/5300-13 Airport Design
CNG 1 & 2
150/5320-5B Airport Drainage
15015320-6C Airport Pavement Desisn and Evaluation
CHG 1 & 2
150/5320-125 Measurement, ConsrLction, and 4Saintena;= cf Skid Fe;istant Airport Pavement Surfaces
150;5320-14 Airport Landscaping for Noise Control Purposes
15015325-4A Rurmay Length Require:110ns for Airport Design
CHG 1
150/S340 -1F Marking cf Paved Areas on Airpors
CHG
15015240-dC Ins:21iation Details for Runway Centerline Touchdown Zone Lighting Systems
CHG 1 &2
150/5340-53 Segmented Circe Airport Marker System
CHG 1
150'5,340-143 Economy Approach Uchang Aids
CHG 1 & 2
150/5340-173 Standby Power for Non -FAA AitpQrt lighting Systems
150/5340-1 SC Standards far A r- rt Sign Systems
CHG 1
150/5340-19 Taxiway Centerline Lighting System
150:5340-21 Airport Miscellaneous Lighting Vizi Aids
150./5340-236 Supplemental Wird Cones
150/5340-24 Runway and Taxiway Edge Lighting Systet.,
CHG 1
150!5340-27A Air -to -Ground Radio Control of Airport L ghting Systerrs
150/5345--3D Specification for L-821 Panels for Remota Control of Airport Lighting
150!5345-5A Circrit Selector Switch
150/5345-7D Specification for L-824 Underground Elec;icai Cable for Ai. -port Lighuna Circuits
CHG 1
150!5345-10E Specification for ConsMnt Current Recutators Regulator Monitors
150/5345-120 Specification for Arport and Heliport Beacon
1
cr 1J
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS (continued)
2
S-12-93
NUMBER SUBJECT
150/55345--13A Spedfic3t;on for L -S41 Auxiliary Relay Cabinet Assembly for Piiot Co.ruoi of Alr:n
Lighting Circuits
150/5345-25B Specification for L-823 Plug and Receptacle. Gable Connectors
CHG 1 & 2
15015345-27C Specification for Wind Cone A=embrws
150,5345-2BD Pracs+on Approach Path Indic.mor (PAP° Systems
CHG
150/533.:5-39B FAA Specification L-85.3. Runway and Taxiway Centarline F+etroretleci ve Bakers
CHG 1
/5015345-42C Spec fi=ion for Airport Light Bases. Transformer Housings, Junction
CHG 1 Boxes and Accessories
150/5345-430 Specification for Obstruction Lighting Equipment
15Cr5345-=4E Specification for Taxiway and Runway 5grs
150/5345-45A Lightweight Approaci Light Structure
1S0I5345-46A Speofi�tion for Runway and Taxiway Lia Fix ure
150/5345-47A isolation Trarstormers for Airport Ligating Systems
150/5345-19A Soec:ncaticn L -a54, Radio Control Equipment
150/55345-50 Specification for Pbrabla Runway Lighs
150/5345-51 Specification for Discharge -Type Flas1'sr Equipment
CHG 1
150/5335-52 Generic Visual Gr.deslope lndimsors (GVGI)
150:5360-9 Planning and Design of Airport Terminal Facilites at Non -Hub Locations
150/5360-1.2 Airport Signing d Graphics
150(5360-13 Planning and Design Guidance for Aup✓41 Terminal Facilities
150/5370-2C Operational Safety on Airports During Cors7VGion
150/5370-63 Consvuction Progress and inspection Report --Airport Grant Program
150/5370-1OA Standard: tor Specifying Constrvcdon of Airports
CHG 112/3./.1/5
150;5370-11 Use of Nondestuctive Testing Devices in the Evaluation of Airport Pavements
CHG 1
150!5370-12 Cualiy Control of Construction for Airport Grant Projec's
150/5390-2 Heliport Design
150(5390-3 Vert port Design
Page 1 of 8 Pages
U.S. Department of Transportation
Federal Aviation Administration
Grant Agreement
Part 1 - Offer
Date of Offer: June 30, 1995
Yakima Air Terminal
Yakima, Washington
Project Number: 3-53-0089-15
Contract Number: DOT-FA95NM-0027
To: The City of Yakima, Washington and the County of Yakima,
'Washington (herein called the "Sponsor")
From: The United States of America (acting through the
Federal Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project
Application dated May 15, 1995, for a grant of Federal funds for
a project at or associated with the Yakima Air Terminal which
Project Application, as approved by the FAA, is hereby
incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (herein
called the "Project") consisting of the following:
Apply porous friction course Runway 9/27, including
rehabilitating shoulders; Modify terminal building;
all as more particularly described in the Project Application.
FAA Form 5100-37 PG 1 (10-89)
Page 2 of 8 Pages
NOW THEREFORE, pursuant to and for the purpose of carrying out
the provisions of Title 49, U.S.C., Subtitle VII, Part B, and in
consideration of (a) the Sponsor's adoption and ratification of
the representations and assurances contained in said Project
Application and its acceptance of this Offer as hereinafter
provided, and (b) the benefits to accrue to the United States and
the public from the accomplishment of the Project and compliance
with the assurances and conditions as herein provided, THE
FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED
STATES, HEREBY OFFERS AND AGREES to pay, as the United States
share of the allowable costs incurred in accomplishing the
Project, ninety (90) percentum of all allowable Project costs.
This offer is made on and subject to the following terms and
conditions:
Conditions
1. The maximum obligation of the United States payable
under this offer shall be $2,090,651.00. For the
purposes of any further grant amendments which may
increase the foregoing maximum obligation of the
United States under the Title 49, U.S.C.,, Section
47108 (b), the following amounts are being specified
for this purpose:
$ .00 for planning
$2,090,651.00 for airport development or
noise program implementation
2. The allowable costs of the project shall not include
any costs determined by the FAA to be ineligible for
consideration as to allowability under the provisions
of Title 49, U.S.C., Subtitle VII, Part B.
3. Payment of the United States share of the allowable
project costs will be made pursuant to and in
accordance with the provisions of such regulations and
procedures as the Secretary shall prescribe. Final
determination of the United States share will be based
upon the final audit of the total amount of allowable
project costs and settlement will be made for any
upward or downward adjustments to the Federal share of
costs.
4. The sponsor shall carry out and complete the Project
without undue delays and in accordance with the terms
hereof, and such regulations and procedures as the
Secretary shall prescribe, and agrees to comply with
the assurances which were made part of the project
application.
FAA Form 5100-37 PG 2 (10-89)
Page 3 of 8 Pages
5. The FAA reserves the right to amend or withdraw this
offer at any time prior to its acceptance by the
sponsor.
6. This offer shall expire and the United States shall
not be obligated to pay any part of the costs of the
project unless this offer has been accepted by the
sponsor on or before July 31, 1995, or such subsequent
date as may be prescribed in writing by the FAA.
7. The sponsor shall take all steps, including litigation
if necessary, to recover Federal funds spent
fraudulently, wastefully, or in violation of Federal
antitrust statutes, or misused in any other manner in
any project upon which Federal funds have been
expended. For the purposes of this grant agreement
the term "Federal funds" means funds however used or
disbursed by the sponsor that were originally paid
pursuant to this or any other Federal grant agreement.
It shall obtain the approval of the Secretary as to
any determination of the amount of the Federal share
of such funds. It shall return the recovered Federal
share, including funds recovered by settlement, order
or judgment, to the Secretary. It shall furnish to
the Secretary upon request, all documents and records
pertaining to the determination of the amount of the
Federal share or to any settlement, litigation,
negotiation, or other efforts taken to recover such
funds. All settlements or other final positions of
the sponsor, in court or otherwise, involving the
recovery of such Federal share shall be approved in
advance by the Secretary.
8. The United States shall not be responsible or liable
for damage to property or injury to persons which may
arise from, or be incident to, compliance with this
grant agreement.
Special Conditions
9. It is understood and agreed that the City of Yakima,
Washington, and the County of Yakima, Washington,
authorized the execution of the application for
Federal Assistance dated May 15, 1995, and Standard
DOT Title VI Assurances dated June 26, 1995, on their
behalf by Bob Clem, Managing Director, and that they
jointly and severally adopted and ratified the
representations and assurances contained therein; and
that the word "Sponsor" as used in the project
application and other assurances is deemed to include
the City of Yakima, Washington, and the County of
Yakima, Washington.
FAA Form 5100-37 PG 3 (10-89)
Page 4 of 8 Pages
10. It is understood and agreed by the parties hereto that
the maximum obligation of the United States for this
grant agreement may, if requested by the Sponsor and
approved by the FAA, be increased as provided in Title
49, U.S.C., Section 47108 (b) to cover increased
eligible and allowable development project costs.
Upon approval of the sponsor's request for such an
increase, FAA will advise the Sponsor by letter of the
new grant amount. Issuance of such letter will
constitute an amendment to this agreement and the
maximum grant obligation of the United States will be
adjusted to the amount specified.
11. The Sponsor agrees to request cash draw downs on the
letter of credit only when actually needed for its
disbursements and to timely reporting of such
disbursements as required. It is understood that
failure to adhere to this provision may cause the
letter of credit to be revoked.
12. It is understood and agreed by and between the parties
hereto that this Grant is made and accepted upon the
basis of preliminary plans and specifications for the
terminal work; and the parties hereby covenant and
agree that within 120 days from the date of acceptance
of this Grant Offer, the Sponsor shall furnish final
plans and specifications to the FAA and that no
construction work will be commenced hereunder nor will
there be any advertisement for bids for accomplishment
of such work until the said final plans and
specifications for the terminal work :have been
approved by the FAA; and the parties do hereby further
covenant and agree that any reference made in this
Grant Offer or in the aforesaid project application to
plans and specifications shall be considered as having
reference to said final plans and specifications.
13. By acceptance of this grant, sponsor agrees to perform
the following:
a. Furnish a construction management program to FAA
prior to the start of construction which shall detail
the measures and procedures to be used to comply with
the quality control provisions of the construction
contract, including, but not limited to, all quality
control provisions and tests required by the Federal
specifications. The program shall include as a
minimum:
1. The name of the person representing the
sponsor who has overall responsibility for contract
administrations for the project and the authority to
take necessary actions to comply with the contract.
FAA Form 5100•-37 PG 4 (10-89)
Page 5 of 8 Pages
2. Names of testing laboratories and consulting
engineer firms with quality control responsibilities
on the project together with a description of the
services to be provided.
3. Procedures for determining that testing
laboratories meet the requirements of the American
Society of Testing and Materials standards on
laboratory evaluation, referenced in the contract
specifications (D 3666, C 1077).
4. Qualifications of engineering supervision and
construction inspection personnel.
5. A listing of all tests required by the
contract specifications, including the type and
frequency of tests to be taken, the method of
sampling, the applicable test standard, and the
acceptance criteria or tolerances permitted for each
type of test.
6. Procedures for ensuring that the tests are
taken in accordance with the program, that they are
documented daily, that the proper corrective actions,
where necessary are undertaken.
b. Submit at completion of the project, a final test
and quality control report documenting the results of
all tests performed, highlighting those tests that
failed or did not meet the applicable test standard.
The report shall include the pay reductions applied
and reasons for accepting any out -of -tolerance
material. An interim test and quality control report
shall be submitted, if requested by the FAA.
c. Failure to provide a complete report as described
in paragraph 2, or failure to perform such tests,
shall, absent any compelling justification, result in
a reduction in Federal Participation for costs
incurred in connection with construction of the
applicable pavement. such reduction shall be at the
discretion of the FAA and will be based on the type or
types of required tests not performed or not
documented and will be commensurate with the
proportion of applicable pavement with respect to the
total pavement constructed under the grant agreement.
d. The FAA, at its discretion, reserves the right to
conduct independent tests and to reduce grant payments
accordingly if such independent tests determine that
sponsor test results are inaccurate.
FAA Form 5100-37 PG 5 (10-89)
Page 6 of 8 Pages
14. Unless otherwise approved by the FAA, it will not
acquire or permit any contractor or subcontractor to
acquire any steel or manufactured products produced
outside the United States to be used for any project
for airport development or noise compatibility for
which funds are provided under this grant. The
sponsor will include in every contract a provision
implementing this special condition.
FAA Form 5100-37 PG 6 (10-•89)
Page 7 of 8 Pages
The Sponsor's acceptance of this Offer and ratification and
adoption of the Project Application incorporated herein shall be
evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and this Offer and Acceptance shall
comprise a Grant Agreement, as provided by Title 49, U.S.C.,
Subtitle VII, Part B, constituting the contractual obligations
and rights of the United States and the Sponsor with respect to
the accomplishment of the Project and compliance with the
assurances and conditions as provided herein. Such Grant
Agreement shall become effective upon the Sponsor's acceptance of
this Offer. UNITED STATES OF AMERICA
FEDERAL AVI2TION ADM STRATIO
J. Wade Bryant, Manager,
eattle Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and accept all assurances,
statements, representations, warranties, covenants, and
agreements contained in the Project Application and incorporated
materials referred to in the foregoing Offer and does hereby
accept this Offer and by such acceptance agrees to comply with
all of the terms and conditions in this Offer and in the Project
Application.
Executed this ,� day of -TA- , 19 yS
City of Yakima, Washington
(SEAL) By ic a . \
Sponsor's Designated Official Representative
Attest:
Title:
i" -h -I:) Title:
/CERTIFICATE OF SPONSOR'S ATTORNEY
I
/cr. n� w �1 - /�acting as Attorney for the Sponsor do hereby
cer`tify:
That in my opinion the Sponsor is empowered to enter into the
foregoing Grant Agreement under the laws of the State of
Washington. Further, I have examined the foregoing Grant
Agreement and the actions taken by said Sponsor relating thereto,
and find that the acceptance thereof by said Sponsor and
Sponsor's official representative has been duly authorized and
that the execution thereof is in all respects due and proper and
in accordance with the laws of the said State and Title 49,
U.S.C., Subtitle VII, Part B. In addition, for grants involving
projects to be carried out on property not owned by the Sponsor,
there are no legal impediments that will prevent full performance
by the Sponsor. Further, it is my opinion that the said Grant
Agreement constitutes a legal and binding obligation of the
Sponsor in accordance with the terms thereof.
Dated at`Li"- � 4�
this of .: l.`' 19,5
.. �.: . f
ignature of Sponsor's Attorney
FAA Form 5100-37 PG 7 (10-89)
Page 8 of 8 Pages
The Sponsor does hereby ratify and accept all assurances,
statements, representations, warranties, covenants, and
agreements contained in the Project Application and incorporated
materials referred to in the foregoing Offer and does hereby
accept this Offer and by such acceptance agrees to comply with
all of the terms and conditions in this Offer and in the Project
Application.
Executed this day of j / ,
(SEAL) By
Cou;y of Yakima Washington
t
Sponsor's .Designated Official. Representative
Title:
Attest..: f'- % ... a'itle:
JIM .LEWIS ,..BI,LL FLOWERS COUNTY. COMMISSIONERS
CLERK OF THE BOARD
,••• •.•..• .. .
(`• ' LCE�RTIFICAATE OF SPONSR'S ATTORNEYEy
. J .. J4 , actin as Attorneyfor the Sponsor do hereby
certify:
That in my opinion the Sponsor is empowered to enter into the
foregoing Grant Agreement under the laws of the State of
Washington. Further, I have examined the foregoing Grant
Agreement and the actions taken by said Sponsor relating thereto,
and find that the acceptance thereof by said Sponsor and
Sponsor's official representative has been duly authorized and
that the execution thereof is in all respects due and proper and
in accordance with the laws of the said State and Title 49,
U.S.C., Subtitle VII, Part B. In addition, for grants involving
projects to be carried out on property not owned by the Sponsor,
there are no legal impediments that will prevent full performance
by the Sponsor. Further, it is my opinion that the said Grant
Agreement constitutes a legal and binding obligation of the
Sponsor in accordance with the terms thereof.
0P. -ST Dated at (.011 . 9 this .. day of .. �.14t, 19 !P: ST
Signature of
sor°s Attorney
FAA Form 5100-37 PG 8 (10-89)
CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION
NO. R-95- 35 NO. 291-1995
A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY ratifying an
Application for Federal Assistance and Standard DOT Title VI Assurances, and
authorizing the execution and acceptance of a Grant Agreement for Federal Assistance
and Certificate of Sponsor's Attorney between the Federal Aviation Administration and
the City of Yakima and Yakima County.
WHEREAS, the City of Yakima ("City") and Yakima County ("County") are co-owners of
the Yakima Air Terminal
WHEREAS, the Yakima Air Terminal Board has submitted to the Federal Aviation
Administration ("FAA") an Application for Federal Assistance dated May 16, 1995 for a grant of
federal funds for a project at the Yakima Air Terminal, which Application and Standard DOT Title
VI Assurances, as approved by the FAA under project number 3-53-0089-15 (the "Project"), is
hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved the Project for the Yakima Air Terminal to provide for
the rehabilitation of Runway 9-27 and a partial terminal building renovation, and
WHEREAS, the United States of America, acting through the FAA is expected to offer to
City and County a grant to pay, as the United States share of the allowable costs incurred in
accomplishing the Project, ninety (90%) percentum of all allowable project costs for the runway
rehabilitation project and eighty-fve (85%) percentum of all allowable project costs for the
terminal building renovation project, and
WHEREAS, The FAA has requested as a condition precedent to funding by the United
States of the allowable costs incurred in the Project, that:
1) the City and County ratify the Application for Federal Assistance and the Standard
DOT Title VI Assurances, dated May 16, 1995, executed by Bob Clem, Managing
Director and Jerry Kilpatrick, Airport Supervisor and adopt and ratify the
representations and assurances contained in the Application, and,
(resol-15.jgk, 5-95)
2) the City and County authorize the City Manager and City Attorney of the City of
Yakima and the Chair of the Board of County Commissioners and Prosecuting
Attomey of Yakima County to accept and execute the Grant Offer and Certificate
of Sponsor's Attorney
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Application for Federal Assistance and Standard DOT Title VI Assurances dated May
16, 1995, executed by Bob Clem, Managing Director and Jerry Kilpatrick, Airport Supervisor, are
hereby ratified. A true copy of such Application and Standard DOT Title VI Assurances are
attached hereto and incorporated herein, and,
The City Manager and City Attomey of the City of Yakima are hereby authorized to
accept the Grant Offer and to execute other such documents as may be required.
ADOPTED BY THE CITY COUNCIL this ~ day of \, 1995.
c --
ATTEST: Karen S. Roberts, City Clerk
(resol-15.jgk, 5-95)
Mayor
BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS:
The Application for Federal Assistance and Standard DOT Title VI
Assurances dated May :16, 1995, executed by Bob Clem, Managing Director,
and Jerry Kilpatrick, Airport Supervisor of the Yakima Air Terminal, are
hereby ratified. A true copy of such Application and Standard DOT Title
VI Assurances are attached hereto and incorporated herein, and,
The Chair of the Board of County Commissioners and Prosecuting
Attorney of the County of Yakima are hereby authorized to accept the
Grant Offer and to execute other such documents as may be required.
DATED this day of June, 1995.
BOARD OF YAKIMA COUNTY COMMISSIONERS
Al
Bettie Ingham,
X6'0
Member
b:DOTVIIns.Res
emw
William H. Flower, Member
Constituting the Board of County Commissioners for
Yakima County, Washington