HomeMy WebLinkAboutR-2023-085 Resolution authorizing application for and, if awarded, to accept grants from the Federal Aviation Administration (FAA) for Snow Removal Equipment (Runway Plows capital improvements at the Yakima Air Terminal-McAllister FieldRESOLUTION NO. R-2023-085
A RESOLUTION authorizing application for and, if awarded, to accept grants from the Federal Aviation
Administration (FAA) for Snow Removal Equipment (Runway Plows capital
improvements at the Yakima Air Terminal -McAllister Field.
WHEREAS, the City owns and operates the Yakima Air Terminal -McAllister Field in accordance
with applicable Federal, State, and Local regulations; and
WHEREAS, the Federal Aviation Administration makes federal grants available to airports to
maintain and improve airport facilities; and
WHEREAS, the Yakima Air Terminal -McAllister Field has been notified that grant funds may be
available to maintain and/or improve the airport upon submission of completed grant applications and
satisfaction of certain conditions; and
WHEREAS, the Yakima Air Terminal -McAllister Field has recently completed an Airport Master
Plan Update, which details a variety of Federal Aviation Administration required capital improvement
projects, including purchasing Snow Removal Equipment (Runway Plows); and
WHEREAS, the grant applications will request a total of approximately One Million Five Hundred
Nine Thousand Four Hundred Fourteen ($1,509,414) dollars in grant funding from the Federal Aviation
Administration, of which the Federal Aviation Administration will provide up to 90% of the funds needed
for capital improvements and the airport will match the remaining 10% through its Passenger Facility
Charge program for said projects; and
WHEREAS, the City Council deems it to be in the best interest of the City and its residents to
authorize submission of grant applications to the Federal Aviation Administration for grant funds needed
to accomplish the identified capital improvements and if grant funds are awarded, to accept the funds for
the purposes identified in the grant application, Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City Manager is hereby authorized and directed to submit completed grant applications
to the Federal Aviation Administration to request grant funds for purchasing Snow Removal
Equipment (Runway Plows).
2. If grant funds are awarded, the City Manager is further authorized and directed to accept said
grant funds to be applied to the purposes specified above.
ADOPTED BY THE CITY COUNCIL this 20th day of June, 2023.
ATTEST: Janice Deccio, Mayor
Rosalinda Ibarra, City Cler
OMB Number: 4040-0004
Expiration Date: 11/30/2025
Application for Federal Assistance SF-424
°1. Type ufSubmission:
[�
��Peappicadon
XFgAppicndon
E]Changed/Corrected Application
°2. Type ofApplication
FENaw
LJCuntinuadon
n Revision
*I DateRaoakmd� 4. Applicant Identifier:
YKM
5a. Federal Entity Identifier:
3-53-0089-054-2023
State Use Only:
6. Date Received by State:
g. APPLICANT INFORMATION:
.a. Legal Name: City of Yakima
°KRevision, select appropriate letter(s):
* Other (Specify)
*5b. Federal Award Identifier:
7. State Application Identifier:
°b. Employer/Taxpayer Identification Number (BN/T|N):
91-6K001283
d. Address:
^Guae t
Street z:
°u UB:
FJNNX1XFJ0N3
*City: Yakima
County/Parish:
*State: Province: WA
� *Country:
*Zip / Postal Code USA: United States
m. Organizational Unit:
Department Name�
'---
Division Name:
t Name and contact information of person to be contacted on matters involving this application'
Prefix:
Middle Name:
*Last Name: Vera
-
Mc
*First Name: Jaime
Title: Airport Operations and Maintenance Manager
Organizational Affiliation"
*Telephone Number: 509 575 6010 Fax Number:
*Email: Jaime.Vera@yakimawa.gov
�Application for Federal Assistance SF-424
�^9.Type ofApplicant 1: Select Applicant Type:
C:City orTownship Government
Type ofApplicant u: Select Applicant Type:
Pick anapplicant type
Type ufApplicant 3: 8a|mct Applicant Type:
Pick anapplicant type
*Other (Specify)
�°10. Name o{Federal Agency:
Federal Aviation Administration
1 11
11.Catalog ofFederal Domestic Assistance Number:
20.106
�CFDATble:
�^Airport Improvement Program
*12. Funding Opportunity Number:
*Title:
13. Competition Identification Number:
Title:
14.Areas Affected byProjecu(CUUns.Countipa.Gtatea.em.):
*16. Descriptive Title ofApplicant's Project:
Snow Removal Equipment (SRE) Procurement Project, Two (2) Chassis with Sand Spreader and Plow Attachment
�Attach supporting documents amspecified inagency instructions,
�
: Application for Federal Assistance SF-424
10. Congressional Districts Of:
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed Project:
*a. Start Date: 08/01/2023 *b. End Date: 08/01/2025
18. Estimated Funding ($):
*a. Federal
°b.App|ioon1
~c State
*d. Local
.e. Other
^tProgram Income
*g, TOTAL
$1,358,472
$15U.&42
$0
$O
$U
$U
$1,5O ,414
°19. Is Application Subject »oReview By State Under Executive Order 1237@Process?
F-1 a. This application was made available to the State under the Executive Order 12372 Process for review on
b. Program issubject mE.O.123T2but has not been selected bythe State for review.
c. Program in not covered byED. 12372.
_
^20Is the Applicant Delinquent OnAny Federal Debt?
El Yes FX� No
If "Yes", explain:
21. *By signing this application, I certify (1) to the statements contained in the list of certifications**and (2)that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply
with any resulting terms if|accept onaward. I am aware that any false, fictitious, or fraudulent statements or claims may subject
me0ocriminal, civil, uradministrative penalties. (U.G.Code, Title 218.Section 1OO1)
0 **|AGREE
** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or
agency specific instructions.
Authorized Representative,
Prefix: Mr. *First Name: Bob
Middle Name'.
*Last Name: Harrison
Suffix:
*Title: City Manager
*Telephone Number: 509-575-6000
'
* Email: bob. harrison@yakimawa.gov
*Signature of Authorized Represent
Fax Number:
CITY CONTRACT NO:
FIVcOLUTION*O,
-Date Signed:
,U, S. Department of Transportation OMB CONTROL NUMBER: z1un-0000
Federal Aviation Administration EXPIRATION DATE: 6/30/2023
Application for Federal Assistance (Development and Equipment Projects)
PARTUA—PROJECT APPROVAL INFORMATION
PartN-SECTIONA
The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form,
Item
Does Sponsor maintain an active registration in the System for Award Management
(www.SAyW.gov)?
1XI Yes El No
Item 2.
Can Sponsor commence the work identified in the application in the fiscal year the
grant is made or within six months after the grant is made, whichever is later?
RX Yes El No El N/A
Itam3.
Are there any foreseeable events that would delay completion of the project? If yes,
provide attachment tothis form that lists the events.
|Item 4.
Will the project(s) covered by this request have impacts or effects on the
�environment that require mitigating measures? |fyes, attach asummary listing of
|mitigating measures iothis application and identify the name and date ufthe
_envinmnmentu|dooument(a).
Itam5.
` |othe project covered bythis request included inanapproved Passenger Facility
Charge (PFC) application or other Federal assistance program? If yes, please
|identify other funding sources bychecking all applicable boxes.
1XI Yes El No El N/A
ElThe project ioincluded inanapproved PFCapplication.
|fincluded inanapproved PFCapplication,
does the application only address A|Pmatching share? FlYea El No
El The project is included in another Federal Assistance program. Its CFDA number is below.
x Item 6.
Will the requested Federal assistance include Sponsor indirect costs uodescribed in
2CFRAppendix V||toPart 2O0.States and Local Government and Indian Tribe
Indirect Cost Proposals?
Ifthe request for Federal assistance includes aclaim for allowable indirect costs, select the applicable indirect cost rate
� the Sponsor proposes toapply:
E]Negotiated Rate equal to
El Yes N No El N/A
Y6aoapproved by (the Cognizant Agency)
on (Oote)(2CFRpart 20O.appendix N|).
Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs.
FAA Form mnn1oo(8mo) SUPERSEDES PREVIOUS EDITION Page 1wr
OMB CONTROL NUMBER: o1oo-0nooOMB
EXPIRATION DATE: omomnua
PART 11'SECTION B
Certification Regarding Lobbying
The declarations made onthis pageare under the oigne�n*ofthe auUhohzednopmeon�Uveas identified inbox 21of
|
| form SF'424.0owhich this form ioattached. The term "Sponsor refers Vmthe applicant name provided inbox 8ofthe
associated SF-424 form.
The Authorized Repreoontativem*rtifies.tothebeaiofhiaorherknow|odgeendbe|ieCthat
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer �
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grunt. |oen, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid mwill be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The Authorized Representative shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification iaamaterial representation offact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is m prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
FAA Form mon1no(8mn) SUPERSEDES PREVIOUS EDITION Page omr
OMB CONTROL NUMBER: o1zo-0onnOMB
EXPIRATION DATE: 6/30/2023
PARTU—SECTION C
�The Sponsor hereby represents and certifies aafollows,
1. Compatible Land Use — The Sponsor has taken the following actions to assure compatible usage of land adjacent
to or in the vicinity of the airport:
The City of Yakima has adopted land use policies to protect the land adjacent to the airport from incompatible land use
through the City's comprehensive plan.
2. Defaults — The Sponsor is not in default on any obligation to the United States or any agency of the United States
Government relative to the development, operation, or maintenance of any airport, except as stated herewith:
� Correct
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
U�legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete
the Project or carry out the provisions of the Grant Assurances, either by limiting its legal or financial ability or
otherwise, except as follows:
4.Consistency with Local Plans — The project iareasonably consistent with plans existing atthe time ofsubmission
of this application) of public agencies that are authorized by the State in which the projectiulocated 0oplan for the
development ofthe area surrounding the airport.
Yes
5. Consideration of Local Interest — It has given fair consideration to the interesofcommunities inurnear where the
project may be located.
Yes
6. Consultation with Users — In making a decision to undertake an airport development projectunder Title 4Q United
States Code, it has consulted with airport users that will potentially be affected by the project (§ 47105(a)(2)).
NA
7. Public Hearings — In projects involving the location of an airport, an airport runway or a major runway extension, it
has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental
effects of the airport or runway location and its consistency with goals and objectives of such planning as has been
carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript ofsuch
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 hopetition the
Secretary concerning a proposed project.
8.Air and Water Quality Standards —|nprojects involving airport location, amajor runway extension, orrunway
location it will provide for the Governor of the state in which the project is located to certifyinwriting tothe Secretary
that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water
quality standards. In any case where such standards have not been approved and where applicable air and water
quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification
shall be obtained from such Administrator. Nckiuo of certification or refusal to certify shall be provided within sixty days
after the project application has been received bythe Secretary.
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 7
OMB CONTROL NUMBER: z1uo-0osoOMB
EXPIRATION DATE: 6/30/2023
PART|U—SECTON C(ConUnuod)
�0.Exclusive Rights — There isnogrant ofanexclusive right for the conduct nfany aeronautical activity aiany airport
owned orcontrolled bythe Sponsor except aafollows:
�
� mono
10. Land — (a) The sponsor holds the following property interest in the following areas of land, which are to be developed
nrused aapart oforinconnection with the Airport subject hothe following exceptions, encumbrances, and adverse
interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1See Exhibit A, approved in 2021, on file with the FAA Seattle Airport District Office.
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and
that such attorney mtitle company has determined that the Sponsor holds the above property interests.
(b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work
� under the Project, the following property interest in the following areas of land on which such construction work is to be
porformed.u||ofwhiohaneeooneidantifiedonthomfonymonhonadpnopertymmpdnnignatodaoExhibit''A"[1]
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction
� work under the Project, the following property interest in the following areas of land which are to be developed or used
as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on
� the aforementioned property map designated aaExhibit ^A".[1]
/ State the character ofproperty interest ineach area and list and identify for each all exceptions, encumbrances, and adverse
interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by
the area numbers shown onthe property map.
FAA Form o1on-1oo(8mu) SUPERSEDES PREVIOUS EDITION
Page 4m7
OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A — GENERAL
1. Assistance Listing Number:
2. Functional or Other Breakout:
20-106
SECTION B — CALCULATION OF FEDERAL GRANT
Cost Classification
1. Administration expense
2. Preliminary expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees
5. Other Architectural engineering fees
6. Project inspection fees
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
Latest Approved Adjustment
Amount + or (-) Amount
(Use only for (Use only for
revisions) revisions)
Total
Amount
Required
$ 683
57,680
12. Equipment
13. Miscellaneous
14. Subtotal (Lines 1 through 13)
15. Estimated Income (if applicable)
1,451,051
$ 1,509,414
16. Net Project Amount (Line 14 minus 15)
17. Less: Ineligible Exclusions (Section C, line 23 g.)
18. Subtotal (Lines 16 through 17)
19. Federal Share requested of Line 18
20. Grantee share
21. 0 her shares
22. TOTAL PROJECT (Lines 19, 20 & 21)
1,509,414
$ 1,509,414
1,358,472
150,942
$ 1,509,414
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION
Page 5 of 7
SECTION C — EXCLUSIONS
23. Classification (Description of non -participating work)
a.
b.
e.
OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
Amount Ineligible for
Participation
Total
SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
24. Grantee Share — Fund Categories
a. Securities
b. Mortgages
Amount
c. Appropriations (by Applicant)
d. Bonds
150,942
e. Tax Levies
f. Non -Cash
g. Other (Explain)
h. TOTAL - Grantee share
25. Other Shares
a. State
b. Other
$ 150,942
Amount
c. TOTAL - Other Shares
26. TOTAL NON-FEDERAL FINANCING
$ 150,942
SECTION E — REMARKS
(Attach sheets if additional space is required)
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION
Page 6 of 7
OMB CONTROL NUMBER: z1uuenee
OMB EXPIRATION DATE: 6/30/2023
PART|V—PROGRAM NARRATIVE
(Suggested Format)
PROJECT: Snow Removal Equipment RE)Procurement Project
AIRPORT: Yakima Air Terminal - McAllister Field
tObjeotive:
The objective ofthis project istoreplace two pieces ofexisting SREequipment that has aged beyond the life
expectancy. The procurement of the SRE equipment is necessary for the airport to achieve snow clearing goals and
for keeping the airport open during snow events.
3. Benefits Anticipated:
With the new SREequipment the airport will beable to more reliably keep the airport open during heavy snow
3.Apprmach: (See approved Scope ofWork inFinal Application)
The approach for this project is to execute a contract with the low responsive and responsible bidder. The bidder
would then assemble/manufacture the SRE equipment over a period of approximately 500 calendar days. Final
delivery/acceptance of the SRE equipment will be anticipated during Winter 2024.
4.Geographic Location:
Yakima Air Terminal -McAllister Field is located in Sections 34 and 35 Township 13 N, Range 18E, and Sections 2
and 3.Township 12N.Range 18E.
6.If Applicable, Provide Additional Information:
�6. Sponsor'e Representative: (include address &telephone number)
Mr. Bob Harrison, City Manager 5OQ'575-800O
City nfYakima
129 North Second Street, Yakima, WA 98901
FAA Form o1no'1nnN/2n SUPERSEDES PREVIOUS EDITION Page rm7
01,11"Y'����
CIP DATA SHEET
Yakima Air Terminal -McAllister Field
x
"
9,1&�yKM
Snow Removal Equipment Procurement 2Truck Mounted Plows
1
���'��
����
�
Xft
��
����maA�o �inn�d��m�)Uuck����plows inorder tomeet its FAA
obligation toclear critical pnvomantsduhngonmmevantamvanmwoonditionu.ThoAirporthaomubitaaking
broom/plow vehicles that are very effective in light snow scenarios. Howovor, during heavy snow events
the airport relies on their 20 plus year old fleet of truck mounted plows to clear the wet/heavy snow that the
multitasking equipment cannot handle. The existing truck/plows are well beyond there useful service life.
COST ESTIMATE:
xom|m|sTnAToW
swa|mssx|ws:
|mspscTW
�
i^ $1^358,472
SPONSOR VERIFICATION:
For each and every
project asapplicable
1. Construction
z
a
�
$1/�51.051
g
gVVRVVR $150.942
4
s
$
�
$1,509,414
Date (see instruction sheet or attached comments for more information)
2821
NA
NA
NA
NA
-Date nfapproved ALP with project shown
-Date o*environmental determination (noD,romo'catsN
-Date nfland acquisition orsigned purchase agreement
-Date ofpavement maintenance program
-Date ofBenefit Cost Analysis (ocA)asrequired
spomSon3SIGwATune
PRINTED NAME: "/--;r-
-� �
TITLE:
FAA USE ONLY
�
DATE: 16
--_`�,��' '
.
»v/
INSTRUCTIONS FOR COMPLETING
CAPITAL IMPROVEMENT PLAN DATA SHEET
ACapital Improvement Plan (CP)Data Sheet must besubmitted for each major work item that urequesting Fedea|a,g,mmeove
the next 5 years. Submittal of this information is necessary to effectively administer the Airport Improvement Program.
HEADER INFORMATION Include the name of the airport, the0OD, the local priority of the requested work, the project description
and the desired Federal fiscal year (October 1st mSeptember 30th)that you desire the project.
swsTcH Color -coded sketch that depicts and identifies the scope of the proposed project. ^maerial photo can beused as long a,u
shows the proposed project information.
Jusnp|[ATnm Answers the questions ofwhat uis, why uuneeded and what uthe benefit. This isavery important part ofyour
Capital Improvement Plan. The information is required to accurately determine the eligibility of your project and its priority for
fvndinx Projects without adequate justification cannot beadded tothe [|p. Tuhelp you prepare solid justification wehave
compiled the following list nfsuggestions, whi:hvouconusemmppnrtvnu,aoes me,toftheneedfo,thispnoject. oesure u,list
all reasons and needs for your project and include a detailed description of existing conditions. Use extra pages if needed.
For pavement rehabilitation include the age of the pavement, distresses, Pavement Condition Index
(PCI) Rating (may be able to obtain this info from ODA), or any other factor that would affect pavement life.
Include type of pavement (apron, runway) and dimensions (linear feet and width or square footage). Also
include what you have done to maintain the pavement over its lifetime and the date of the last major
rehabilitation (|.c.overlays, sea|cuats,ctcJ
New tax|ways/tvx||ane,—what will this mx|wav/tvxi|aneserve? Does itserve vhangar area? |s|tv
parallel taxiway? What width are you proposing? |fyou propose awidth that iswider than FAA standards,
indicate how that additional pavement will bcfunded.
For Apron Expansion indicate the current size vfthe apron and what you plan tnadd. Indicate why you
need more apron space and how the apron area will be used (tie down area, etc).
nnfendmKpmjects—indicate the height ofthe fence and lineal footage. Also, explain why the fence is
needed (i.c.deer fencing, security, etc)
Land acquisition explain what the land isneeded for — approach protection? Development such asa
new hangar area? Also include |fiti,fee o,easement. Include parcel numbers and acreage ofthose parcels.
Please state ifresidences v,businesses will bcacquired.
For Arrival/Departure Building, provide what type of facility you currently have and what you plan to
build (square footage, types nfrooms)
COST ESTIMATE The estimate of total cost including the Federal, State and Local shares. For first year projects, attach adetailed
cost estimate showing unit costs; aggregate in square yards (S.Y.), concrete paving in square yards (Sx.)and asphaltic paving intons.
Separate the costs for land acquired infee and land acquired measement. Note |fthe project isdependent nnother sources vf
funding (|.r.other agency grants)
SPONSOR VERIFICATION The verification that the project i,properly planned and is ready m"go within the first year nfthe opfor
applicable projects. Except for equipment acquisition, proposed deve|upmp,uand|andacqu|,itivnmvstheshnwnvn"napproved
ALP, have cleared environmental processing, and the land already acquired or have a signed purchase agreement. These
requirements must be completed before a project can be considered for upcoming year funding. For the zndand 3,dyears ofthe c|p
program, the sponsor should be working towards satisfying these requirements. Date each item verifying that all project
requirements are satisfied (check marks are not accep,ab|r).
STANDARD DOT TITLE VI ASSURANCES
City of Yakima, Washington (hereinafter referred to as the Sponsor) hereby agrees that as a
condition to receiving Federal financial assistance from the Department of Transportation
(DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and
all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act
of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United
States shall, on the ground of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under any program or
activity for which the applicant receives Federal financial assistance and will immediately take
any measures necessary to effectuate this agreement. Without limiting the above general
assurance, the Sponsor agrees concerning this grant that:
1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be
conducted or operated in compliance with all requirements of the Regulations.
2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the
Act and the Regulations.
3. Where Federal financial assistance is received to construct a facility, or part of a facility,
the assurance shall extend to the entire facility and facilities operated in connection therewith.
4. Where Federal financial assistance is in the form or for the acquisition of real property or
an interest in real property, the assurance shall extend to rights to space on, over, or under
such property.
5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a
covenant running with the land, in any future deeds, leases, permits, licenses, and similar
agreements entered into by the Sponsor with other parties:
(a) for the subsequent transfer of real property acquired or improved with Federal financial
assistance under this project; and
(b) for the construction or use of or access to space on, over, or under real property
acquired or improved with Federal financial assistance under this Project.
6. This assurance obligates the Sponsor for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of personal property or real property or interest therein or structures
or improvements thereon, in which case the assurance obligates the Sponsor or any
transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits; or
(b) the period during which the Sponsor retains ownership or possession of the property,
7. It will provide for such methods of administration for the program as are found by the Secretary of
transportation of the official to whom he delegates specific authority to
give reasonable guarantees that it, other sponsors, subgrantees,
contractors, subcontractors, transferees, successors in interest, and
other participants of Federal financial assistance under such program
will comply with all requirements imposed or pursuant to the act, the
Regulations, and this assurance.
Page 1 of 2
STANDARD DOT TITLE VI ASSURANCES (Continued)
8. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Act, the Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance
for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in
interest and other participants in the Project. The person or persons whose signatures appear below are
authorized to sign this assurance on behalf of the Sponsor.
,ba ioz
DATED
Tam
Pa e 2 of 2
CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. the contractor shall not
participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or lease of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation
Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions.
Where any information required of a contract is in the exclusive possession of another who fails or refuses to
furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall
set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the
FAA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any
subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved
in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor
may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition,
the contractor may request the United States to enter into such litigation to protect the interest of the United
States.
CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments
entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b).
1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree (in the case of deeds and leases add "as a
covenant running with the land") that in the event facilities are constructed,
maintained, or otherwise operated on the said property described in this (deed,
license, lease, permit, etc.) for a purpose for which a DOT program or activity is
extended or for another purpose involving the provision of similar services or benefits,
the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such
facilities and services in compliance with all other requirements imposed pursuant to
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department
of Transportation, and as said Regulations may be amended.
The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs,
personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the case of deeds and
leases add "as a covenant running with the land") that: (1) no person on the grounds
of race, color, or national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2)
that in the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use
the premises in compliance with all other requirements imposed by or pursuant to 49
CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, and as said Regulations may be amended.
MATZTENE,
REQUIRED STATEMENTS
AIRPORT IMPROVEMENT PROGRAM PROJECTS
AIRPORT: na|—McAllister Field (YKK8)
LOCATION: Yakima Washington
3-53'008-054-2023
AIP PROJECT NO.:
STATEMENTS APPLICABLE T0THIS PROJECT Snow Removal Equipment (SRE) Procurement
Project
m. INTEREST OF NEIGHBORING COMMUNITIES: |nformulating this project, consideration has been
given to the interest of communities that are near Yakima Air Terminal — McAllister Field.
b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use ofpublicly owned land
from opublic park, recreation area, wildlife and fowl refuge, orahistorical site under Federal, State, or
Local jurisdiction.
o. FBO COOdevelopment coordinated with the
Fixed Base C)perahor(o)utilizing Yakima McAllister Field, and they have been informed
regarding the scope and nature of this pr ject.
0.1
d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the
The above statements have been duly considered and are applicable tothis project. (Provide comment for any
statement not oheokad).
TITLE:
SPONSORING AGENCY:
NOTE: Where opposition isstated tounairport development project, whether expressly orbyproposed revision, the
following specific information concerning the opposition to the project must be furnished.
u. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project;
b. The nature and basis ofopposition;
n^ Gponaor'oplan 0oaccommodate urotherwise satisfy the opposition;
d� Whether unopportunity for ahearing was afforded, and ifahearing was held, ananalysis ofthe facts developed atthe hearing
as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and
objectives ofsuch urban planning aohas been carried out Uythe community,
e If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance;
f Gponoor'aplans, ifany, 0mminimize any adverse effects ofthe pnojec�
g, Benefits tobogained hythe proposed development; and
� h Any other pertinent information which would be of assistance in determining whether to proceed with the project.
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $10 00 for each such failure.
Signed
Title
1444470Y
sentative
Date 6 fit'keqf
FAA
Airports
ASSURANCES
AIRPORT SPONSORS
A. General.
l. 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.
I 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 V11, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public -use
airport; the term "private sponsor" means a private owner of a public -use airport; and the term
"sponsor"includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and
become part ofthis Grant Agreement.
B. Duration and Applicability.
1. Airport development mrNoise Compatibility Program Projects Undertaken bVaPublic Agency
Sponsor'
The terms, conditions and assurances of this Grant Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an
airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under noise compatibility program project, but in
any event not to exceed twenty (20) years from the date of acceptance of a grant offer of
Federal funds for the project. However, there shall be no limit on the duration of the
assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an
airport. There shall be no limit on the duration of the terms, conditions, and assurances with
respect to real property acquired with federal -funds. Furthermore, the duration of the Civil
Rights assurance shall bespecified inthe assurances.
Z. Airport Development mrNoise Compatibility Projects Undertaken byaPrivate 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 byaSponsor.
Unless otherwise specified inthis Grant Agreement, only Assurances 1'2'3'5'G'13'18'23'ZS'
30, 32, 33, 34, and 37 in Section C apply to planning projects. The terms, conditions, and
mge 1*19
assurances of this Grant Agreement shall remain in full force and effect during the life of the
project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and
Airport Revenue solong asthe airport isused asanairport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
|twill comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and
requirements as they relate to the application, acceptance, and use of Federal funds for this Grant
including but not limited tothe following:
FEDERAL LEGISLATION
a. 49U.SI.subtitle V1|'aoamended.
b. Davis -Bacon Act, asamended --4OU.5I.§§314l-3144 3146and3147 etueq.z
c. Federal Fair Labor Standards Act —39U.S.[.§2Ul,etseq.
d. Hatch Act —SU.SI.§1S01'etseq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.
1,z
§46O1,etseq.
f. National Historic Preservation Act ofl966—Section 186—S4U.S.C. §3OG1O8.z
8. Archeological and Historic Preservation Act of1974—S4U.5I.§]1ZSU1'etseq.z
h. Native Americans Grave Repatriation Act —2SU.S.C.§SO01,etseq.
i. Clean Air Act, Pl.9U'148'asamended —4ZU.SI.§74O1'etseq.
i. Coastal Zone Management Act, Pl.9%'S82,asamended —16U.5I.§14S1,etseq.
k. Flood Disaster Protection Act of1973—Section 102(a) 42U.SI.§4012a.1
i 49U.3I.§3O3'(formerly known asSection 4(f)).
m. Rehabilitation Act ofl973-29U.SI.g794.
n. Title V|ofthe Civil Rights Act of1964(42U.SI.§ZOOOdetseq,78s1at.%S2)(prohibits
discrimination on the basis ufrace, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits
discrimination onthe basis ofdisabi|ity).
p. Age Discrimination Act of197S-4IU.SI.§61O1'etseq.
q. American Indian Religious Freedom Act, Pl.9S'341,asamended.
r. Architectural Barriers Act nf196O,asamended —4ZU.SI.@4151,etseq.z
s. Powerplant and Industrial Fuel Use Act of1978—Section 483-4ZU.S.C.§O373.'
t. Contract Work Hours and Safety Standards Act —4OU.S.C.y3701'etxeq.'
u. Copeland Anti -kickback Act —18U.SI.§874.'
Airport Sponsor Assurances 5/7077
mg.zmm
v. National Environmental Policy Act ufl969-4ZU.6.[§433l,etseq!
xx. Wild and Scenic Rivers Act, Pl.9U-542,asamended —16U.SI.§1I71'etseq.
x. Single Audit Act uf19O4-31U.S.C.§7S01'etseq.'
y. Drug -Free Workplace Act nf19QD-41U.S.C.0§81U1through 81US.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as
amended bysection 6202ofPl.11U'IS2).
aa. Civil Rights Restoration Act of19D7, P.L. 100'I59.
bb. Build America, Buy America Act, P.L. 117'58'Tit|e |X.
EXECUTIVE ORDERS
a. Executive Order 11246—Equal Employment Opportunity'
b. Executive Order 1199U—Protection ofWetlands
o. Executive Order 1199D—Flood Plain Management
d. Executive Order l237Z—Intergovernmental Review ofFederal Programs
e. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building
Construction'
f. Executive Order 12O9D—Environmental Justice
g. Executive Order 13166—Improving Access to Services for Persons with Limited English
Proficiency
h. Executive Order 13985 — Executive Order on Advancing Racial Equity and Support for
UnderservedCommunities Through the Federal Government
i Executive Order 13988 — Preventing and Combating Discrimination on the Basis of Gender Identity
orSexual Orientation
]�
Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's
Workers
k. Executive Order 14U08—Tackling the Climate Crisis atHome and Abroad
FsmcnxL REGULATIONS
a. 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200— Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Axvards.4,,
c. 2CFRPart 12DU—NonprucunementSuspension and Debarment.
d. l4[FRPart 13—Investigative and Enforcement Procedures.
e. 14 CFR Part 16 — Rules of Practice for Federally -Assisted Airport Enforcement Proceedings.
[ 14[FKPart 1SO—Airport Noise Compatibility Planning.
=�_�
g. 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government
h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i 29CFRPart 1—Procedures for Predetermination mfWage Rotes.z
j. 29 CFR Part 3 — Contractors and Subcontractors on Public Building or Public Work Financed in
Whole orin Part byLoans urGrants from the United States.'
k. 29 CFR Part 5 — Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject tothe Contract Work Hours and Safety Standards Ac1).'
i 41 CFR Part 60 — Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally -assisted contracting requirements).'
m. 49CFRPart Z0—New Restrictions onLobbying.
n. 49 CFR Part 21 — Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation Effectuation ofTitle V|ofthe Civil Rights Act uf1964.
o. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally -Assisted Programs. 1,z
q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27 — Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.'
s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programsor
Activities Conducted by the Department of Transportation.
t. 49CFR Part 3U—Denial of Public Works Contracts to Suppliers ofGoods and Services of
Countries That Deny Procurement Market Access toUS.Contractors.
u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial
Assistance).
u 49 CFR Part 37 — Transportation nspurtatonSen/icesfor|ndk/idua|swithDisabi|hies(\DA).
xv. 49CFRPart 3D—Americans with Disabilities Act (ADA)Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41 —Seismic Safety.
FoomomnoASSURANCE (07)(1)
I These laws do not apply to airport planning sponsors.
z These laws donot apply toprivate sponsors.
' 2[FR Part 2O0contains requirements for State and Local Governments receiving Federal
apply where applicable to private sponsors receiving Federal assistance under Title 49,United
States Code.
° Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility ofspecific types ofexpenses.
' Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
Spcop|c AssunAmcEs
Specific assurances required tobeincluded ingrant a0reementsbyanyuftheabovelaws regulations or
circulars are incorporated byreference inthis Grant Agreement.
2. Responsibility and Authority mfthe Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed project;
that a resolution, motion or similar action has been duly adopted or passed as an official act of
the applicant's governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed project
and comply with all terms, conditions, and assurances ofthis Grant Agreement.|tshall
designate anofficial representative and shall inwriting direct and authorize that person tofile
this application, including all understandings and assurances contained therein; toact in
connection with this application; and to provide such additional information as may be
required.
3' Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the
United States. It has sufficient funds available to assure operation and maintenance of items funded
under this Grant Agreement which it will own or control.
4. Good Title.
a. It, apublic agency orthe Federal government, holds good title, satisfactory totheSecretary,to
the landing area of the airport or site thereof, or will give assurance satisfactory to the
Secretary that good title will beacquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the property upon which Federal
funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in this Grant
Agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere
Airport Sponsor Assurances 5/202?
P.ge,of 19
g.
with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. Subject tothe FAA Act ofZU18'Public Law 115'ZS/LSection 163'itwill not sell, lease,
encumber, or otherwise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to this application or, for a noise compatibility program project,
that portion of the property upon which Federal funds have been expended, for the duration of
the terms, conditions, and assurances in this Grant Agreement without approval by the
Secretary. |fthe transferee isfound bythe Secretary tobeeligible under Title 49'United States
Code, to assume the obligations of this Grant Agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall insert in the contractor
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 asotherwise specified by the
Secretary, that agreement shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project. That agreement and changes thereto must
be satisfactory to the Secretary. It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provisions specified by
the Secretary. It will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public -use airport in accordance with these assurances
for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained in
accordance with Title 49, United States Code, the regulations and the terms, conditions and
assurances in this Grant Agreement and shall ensure that such arrangement also requires
compliance therewith.
Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport. Sponsors
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements ofSec. 136ofPublic Law 11I'9Sand the sponsor assurances.
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 ofthe area surrounding the airport.
7. Consideration nfLocal Interest.
Ithas given fair consideration tothe interest ofcommunities inurnear where the project maybe
8. Consultation with Users.
|nmaking adecision tnundertake any airport development project under Title 49 United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which
project isproposed.
9. Public Hearings.
In projects involving the location ofanairport, anairport runway, oramajor 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 o proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a
medium or large hub airport, the sponsor has made available to and has provided upon request to
the metropolitan planning organization in the area in which the airport is located, if any, a copy of
the proposed amendment to the airport layout plan to depict the project and a copy of any airport
master plan inwhich the project isdescribed ordepicted.
11. Pavement Preventive KHaintenance-&8anagennent'
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 osthe Secretary determines may beuseful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule
or regulation, and has provided for access to the passenger enplaning and deplaning area of such
airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of this Grant, the total cost of the project in connection with
which this Grant is given or used, and the amount or nature of that portion of the cost of the
project supplied by other sources, and such other financial records pertinent to the project. The
accounts and records shall be kept in accordance with an accounting system that will facilitate
aneffective audit inaccordance with the Single Audit Act ofI984.
b. it shall make available to the Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives, for the purpose of audit and examination, any
books, documents, papers, and records of the recipient that are pertinent to this Grant. The
Secretary may require that an appropriate audit be conducted by a recipient. In any case in
which an independent audit is made of the accounts of a sponsor relating to the disposition of
the proceeds of a grant or relating to the project in connection with which this Grant was given
or used, it shall file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which the audit was
made.
14.Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant
Agreement which involve labor, provisions establishing minimum rates of wages, to be
predetermined bythe Secretary ofLabor under 4OU.SI.§§3141'3144 3146'and 3147'Public
Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such
minimum rates shall be stated in the invitation for bids and shall be included in proposals orbids for
the work.
15. Veteran's Preference.
It shall include inall contracts for work onany project funded under this Grant Agreement which
involve labor, such provisions as are necessary to insure that, in the employment of labor (except in
executive, administrative, and supervisory positions), preference shall be given to Vietnam era
veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.
However, this preference shall apply only where the individuals are available and qualified to
perform the work towhich the employment relates.
16.Confonmity tmPlans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall besubmitted tothe Secretary prior tu
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 ofthe Secretary, and incorporated into this Grant Agreement.
17.Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications, and schedules approved by
the Secretary for the project. It shall subject the construction work on any project contained in an
approved project application to inspection and approval by the Secretary and such work shall be in
accordance with regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors of such
project asthe Secretary shall deem necessary.
Airport Sponsor Assuranm 5/2022
Page oofm
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 orwith 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 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 orany
other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise
use any ofthe material prepared inconnection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors tudoall orany part ofthis project uswell asthe right to
disapprove the proposed scope and cost ofprofessional services.
It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
urany part ofthe project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary to approve any pending or future
application fora Federal airport grant.
8.
lS Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, state, and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non -aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:
l. Operating the airport's aeronautical facilities whenever required;
I. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing
contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood, or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, orreplacement ofany structure or
facility which is substantially damaged or destroyed due to an act of God or other
condition orcircumstance beyond the control ufthe sponsor.
b. It will suitably operate and maintain noise compatibility program items that itowns orcontrols
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 tnthe airport (including established minimum flight altitudes) will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition' if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22.Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
3. Charge reasonable, and not unjustly discriminatory, prices for each unit orservice,
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 atthe airport shall besubject tothe same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed -based operators making the same or
similar uses ofsuch airport and utilizing the same ursimilar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,
regulations, conditions, rates, fees, rentals, and other charges with respect tofacilities 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
Airport Sponsor Assurances 512022
mg,.If) am
8.
classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport
provided an air carrier assumes obligations substantially similar to those already imposed on air
carriers insuch classification orstatus.
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 toperform.
In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance, the services involved will be provided on the same conditions as would apply to the
furnishing of such services by commercial aeronautical service providers authorized by the
sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be
met by all users of the airport as may be necessary for the safe and efficient operation of the
airport.
i The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs ofthe 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 ofthe following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based
operator toprovide 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 ofany assistance under Title 4Q,United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise compatibility project for
which aGrant ismade under Title 49 United States Code, the Airport and Airway Improvement Act
of1982,the Federal Airport Act orthe Airport and Airway Development Act of197Ushall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
25.Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it for the capital or operating costs of the airport; the
local airport system; or other local facilities which are owned or operated by the owner or
operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply tothis paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the
owner or operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale. This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period) of
any airport improvement grant made to the private owner for any purpose other than land
acquisition on or after October 1, 1996, plus an amount equal to the federal share of the
current fair market value of any land acquired with an airport improvement grant made to
that airport onurafter October 1'1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA
determines the airport sponsor meets the requirements set forth in Section 813 of Public
LawllZ'9S.
b. Aspart nfthe annual audit required under the Single Audit Act of1984 the sponsor will direct
that the audit will review, and the resulting audit report will provide an opinion concerning, the
use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or
transferred to the owner or operator are paid or transferred in a manner consistent with Title
49, United States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of49U.SI.§47lO7.
26Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary
may reasonably request and make such reports available to the public; make available to the
public at reasonable times and places a report of the airport budget in a format prescribed by
the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this Grant Agreement
including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
I. 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 byGovernment 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, inthe opinion ofthe Secretary, would unduly interfere with use ofthe landing areas
byother authorized aircraft, urduring 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) isinexcess offive million pounds.
28. Land for Federal Facilities.
Itwill furnish without cost tothe Federal Government for use inconnection withanyairtraffic
control or air navigation activities, orweather-reporting and communication activities related to air
traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or facilities for
such purposes. Such areas or any portion thereof will be made available as provided herein within
four months after receipt ufawritten request from the Secretary.
Page mof 19
29. Airport Layout Plan.
a. Subject tothe FAA Reauthorization Act nfZU18'Public Law 11S'2S4'Section 163'itwill keep up
todate atall times anairport layout plan ofthe 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 ufexisting airport facilities;
3. the location of all existing and proposed non -aviation areas and of all existing
improvements thereon; and
4. all proposed and existing access points used totaxi aircraft across the airport's property
boundary.
Such airport layout plans and each amendment, revision, or modification thereof, shall be
subject to the approval of the Secretary which approval shall be evidenced by the signature of
a duly authorized representative of the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by the Secretary and
which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of
the airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or
alteration in the airport or the facilities is made which the Secretary determines adversely
affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or
off the airport and which is not in conformity with the airport layout plan as approved by the
Secretary, the owner oroperator will, ifrequested, bythe Secretary:
1. eliminate such adverse effect inomanner approved bythe Secretary; nr
Z. bear all costs of relocating such property (or replacement thereof) to a site acceptable to
the Secretary and all costs of restoring such property (or replacement thereof) to the level
of safety, utility, efficiency, and cost of operation existing before the unapproved change in
the airport or its facilities except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary's design standards beyond the control of
the airport sponsor.
30Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on
the grounds of race, color, and national origin (including limited English proficiency) in accordance
with the provisions uf Title V|ofthe Civil Rights Act of1QG4(78Stat.2S2,42U.SI.§§ZUU0dto
20OOd-4); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123
and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or
disability per the Americans with Disabilities Act of199Oand related requirements, beexcluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
program and activity conducted with, or benefiting from, funds received from this Grant.
a. Using the definitions ufactivity, facility, and program asfoundanddefinedin48CFR
§§21.J3(b)and 2123(e)'the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all non-discrimination requirements imposed by or
pursuant tothese assurances.
b. Applicability
1. Programs and Activities. Ifthe sponsor has received agrant (orotherfedero|ssistance)
for any of the sponsor's program or activities, these requirements extend to all of the
sponso/sprograms and activities.
3. Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in
the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend torights tospace on, over, orunder such property.
c. Duration.
The sponsor agrees that it isobligated tothis assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is
to provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the assurance obligates the sponsor, or any
transferee for the longer ofthe following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision
ofsimilar services orbenefits; or
%. Solong asthe sponsor retains ownership orpossession ofthe property.
d. Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work, or material under this Grant Agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
°TheQ5eectimn Sponsor ),inaccordance with the provisions ofTitle V|ofthe
Civil Rights Act nf1964(7OS1at.ZSJ'4ZU.SI.g§IU8OdtoZOOUd'4)and the Regulations,
hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract
entered into pursuant tothis advertisement, [select businesses, or disadvantaged business
enterprises or airport concession disadvantaged business enterprises] will be afforded full and
fair opportunity to submit bids in response to this invitation and no businesses will be
discriminated against on the grounds of race, color, national origin (including limited English
proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in
consideration for an award."
e. Required Contract Provisions.
1. It will insert the non'discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally -assisted programs of the
Department of Transportation (DOT), and incorporating the acts and regulations into the
contracts by reference in every contract oragreement subject tothe non-discrimination in
Federally -assisted programs ofthe DOT acts and regulations.
Airport Sponsor Assurances S/2022 Page 15 f 19
g.
l It will include a list of the pertinent non-discrimination authorities in every contract that is
subject tothe non-discrimination acts and regulations.
3. |tm/iUinsertnon'discriminatiunmontractdausesasacovenantrunninOvviththe|and,in
any deed from the United States effecting or recording a transfer of real property,
structures, use, urimprovements thereon orinterest therein toasponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination onthe basis of
race, color, national origin (including limited English proficienoy),creed, sex (including
sexual orientation and gender identity), age, or disability as a covenant running with the
land, in any future deeds, leases, license, permits, or similar instruments entered into by
the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project, orprogram; and
b. For the construction or use of, or access to, space on, over, or under real property
acquired urimproved under the applicable activity, project, orprogram.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
32. Disposal mfLand.
a. For land purchased under grant for airport noise compatibility purposes including land
serving ayanoise buffer, itwill dispose ofthe land, when the land isnolonger needed for such
purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of
such disposition which is proportionate to the United States' share of acquisition of such land
will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed bythe Secretary. The Secretary shall give
preference tothe following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
§47117(e);
I Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114`47115,or47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
S. Payment tnthe Secretary for deposit inthe Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value
and consistent with noise buffering purposes, the lease will not be considered a disposal of the
land. Revenues derived from such a lease may be used for an approved airport development
project that would otherwise beeligible for grant funding orany permitted use ofairport
revenue.
b. For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That portion of the proceeds of
such disposition which is proportionate to the United States' share of the cost of acquisition of
such land will, upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, indescending order:
1. Reinvestment inanapproved noise compatibility project;
3. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
§47117(e);
3. Reinvestment inunapproved airport development project that iseligible for grant funding
under 49U.SI.5§47114,4711S'or47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project atthat airport; or
5. Payment tothe Secretary for deposit inthe Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be
needed for aeronautical purposes (including runway protection zones) or serve as noise buffer
land, and (Z)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 lS'1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of
any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title
49 U.S.C., it will award each contract, orsub-contract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering,
design, engineering' sun/eying, mapping orrelated services in the same manner as a contract for
architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an
equivalent qualifications -based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed by
Airport Sponsor Assurances 5/2022
the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers ofthe United States inprocurement and construction.
34'Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance
with policies, standards, and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars )fur
A|Pprojects asof[Selection Criteria: Project Application Date].
36.Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law,
by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses asspecified inSubpart 8.
b. It will provide a relocation assistance program offering the services described in Subpart C of 49
CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as
required inSubpart Dand Eof49CFR Part Z4.
c. It will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36Access 0yIntercity Buses.
The airport owner oroperator will permit, tnthe maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport; however, it has no obligation to fund
special facilities for intercity buses or for other modes of transportation.
37' Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, orsex, in the award
and performance of any DOT -assisted contract covered by49 CFR Part 26' or in the award and
performance of any concession activity contract covered by49 CFR Part 23. In addition, the sponsor
shall not discriminate on the basis nfrace, color, national origin or sex in the administration of its
Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration ofDOT'assisted contracts, and/or concession contracts. The spunsor's
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are
incorporated by reference in this agreement. implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
U.3.C.§§3DO1']DO9'3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C.
§ 47102) has been unable to accommodate one or more requests by an air carrier for access to
gates or other facilities at that airport in order to allow the air carrier to provide service to the
airport or to expand service at the airport, the airport owner or operator shall transmit a report
tothe Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides atime frame within which, ifany, the airport will beable toaccommodate the
requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due date.
FAA
Airports
Current FAA Advisory Circulars Required for Use in AIP
Funded, BIL Funded, and PFC Approved Projects
Updated: 11/17/2022
View current and previous versions of these ACs and any associated changes at:
11412ii.Vvvklqa ri.PcAtsi.T5fAlLc.:0-51:1a0Y1§.0„U. u 4..1:§ and
11 tP ztagY.1 r eS10 tkg11§__PS?! rc1,11q[S14 I
70/7460-1M
Obstruction Marking and Lighting
150/5000-9B
150/5000-17
Guidelines for the Sound Insulation of Residences Exposed to Aircraft
Operations
Critical Aircraft and Regular Use Determination
150/5020-1
Noise Control and Compatibility Planning for Airports
150/5070-66,
Changes 1 - 2
Airport Master Plans
150/5070-7
Change 1
The Airport System Planning Process
150/5100-13C Development of State Aviation Standards for Airport Pavement Construction
150/5200-28G
Notices to Airmen (NOTAMs) for Airport Operators
150/5200-30D,
Changes 1 - 2
Airport Field Condition Assessments and Winter Operations Safety
150/5200-31C,
Changes 1 - 2
Airport Emergency Plan
150/5200-33C Hazardous Wildlife Attractants on or near Airports
I All grant recipients are responsible for reviewing errata sheets and addendums pertaining to these
Advisory Circulars.
FAA Advisory Circulars Required for Use in AIP
Updated 11/17/2022 Page 1 of 5
Funded, BIL Funded and PFC Approved Projects ARP
Construction urEstablishment ofLandfills Near Public Airports
15052OU'38
Protocol for the Conduct and Review of Wildlife Hazard Site Visits, Wildlife
Hazard Assessments, and Wildlife Hazard Management Plans
Painting, Marking, and Lighting of Vehicles Used on an Airport
Aircraft Rescue and Fire Fighting Communications
Airport Water Rescue Plans and Equipment
Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
Aircraft Rescue and Firefighting Station Building Design
150/5220-1 OE
Systems for Interactive Training ofAirport Personnel
Driver's Enhanced Vision System (OEVo)
Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
150/5220-16E.
ChanDe1
Automated Weather Observing 8ynbamu (AVVOS)for Non -Federal
Applications
Aircraft Rescue and Fire Fighting (ARFF) Training Facilities
Buildings for Storage and Maintenance ofAirport Snow and km Control
Equipment and Materials
Airport Snow and Ice Control Equipment
Aircraft Boarding Equipment
Engineered Materials Arresting Systems (EN1AS)for Aircraft Overruns
Frangible Connections
150/5220-24
150/5220-25
Airport Foreign Object Debris (FOD) Detection Equipment
Airport Avian Radar Systems
150/5220-26.
Changes 1 -2
Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS-
B) Out Squitter Equipment
150/5230-4C
Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports
150/5300-13B
Airport Design
150/5300-14D
Design of Aircraft Deicing Facilities
150/5300-15A
Use of Value Engineering for Engineering and Design of Airport Grant Projects
FAA Advisory Circulars Required for Use mAIp
Funded, exFunded, and pFcApproved Projects
ARP
upuateu11n7m000
Page 2n/s
�
150/5300'16B General Guidance and Specifications for Aeronautical Surveys: Establishment
ofGeodetic Control and Submission tothe National Geodetic Survey
150/5300'17C.
Changel
Standards for Using Remote Sensing Technologies in Airport Surveys
150/5300'18B.
Chonge1
General Guidance and Specifications for Submission ofAeronautical Surveys
0oNGS: Field Data Collection and Geographic Information System (G|S)
Standards
150/5300-19
Airport Data and Information Program
Airport Drainage Design
150/5320'12C.
Airport Pavement Design and Evaluation
Measurement, Construction, and Maintenance ofSkid Resistant Airport
Pavement Surfaces
Management of Airport Industrial Waste
Airfield Pavement Surface Evaluation and Rating Manuals
150/5325-413
Runway Length Requirements for Airport Design
150/5335-5D Standardized Method of Reporting Airport Pavement Strength - PCR
150/5340'1M.
Change1
Standards for Airport Markings
150/5340-5D Segmented Circle Airport Marker System
150B340'18G.
Change1
Standards for Airport Sign Systems
150/5340-26C Maintenance of Airport Visual Aid Facilities
150/5340-30J Design and Installation Details for Airport Visual Aids
150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting
150/5345-513 Specifications for Airport Lighting Circuit Selector Switch
1505345-7F Specification for L824Underground Electrical Cable for Airport Lighting
Circuits
150/5345-1 OH Specification for Constant Current Regulators and Regulator Monitors
Specification for Airport and Heliport Beacons
FAA Advisory Circulars Required for Use mmP
punueu.o|L Funded, and pFoApproved Projects
ARP
Vpuateu11nroozz
150/5345-13B
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26E
150/5345-27F
FAA Specification For L-823 Plug and Receptacle, Cable Connectors
FAA Specification for Wind Cone Assemblies
150/5345-28H
Precision Approach Path Indicator (PAPI) Systems
150/5345-39E
Specification for L-853, Runway and Taxiway Retroreflective Markers
150/5345-42J
Specification for Airport Light Bases, Transformer Housings, Junction Boxes,
and Accessories
150/5345-43J
150/5345-44K
Specification for Obstruction Lighting Equipment
Specification for Runway and Taxiway Signs
150/5345-45C
150/5345-46E
150/5345-47C
Low -Impact Resistant (LIR) Structures
Specification for Runway and Taxiway Light Fixtures
Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-49D
Specification L-854, Radio Control Equipment
150/5345-50B
150/5345-51 B
Specification for Portable Runway and Taxiway Lights
Specification for Discharge -Type Flashing Light Equipment
150/5345-52A
Generic Visual Glideslope Indicators (GVGI)
150/5345-53D
150/5345-54B
Airport Lighting Equipment Certification Program
Specification for L-884, Power and Control Unit for Land and Hold Short
Lighting Systems
150/5345-55A
150/5345-56B
Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-12F
150/5360-13A
150/5360-14A
Airport Signing and Graphics
Airport Terminal Planning
Access to Airports By Individuals With Disabilities
150/5370-2G
Operational Safety on Airports During Construction
FAA Advisory Circulars Required for Use in AIP
Updated 11/17/2022 Page 4 of 5
Funded, BIL Funded, and PFC Approved Projects ARP
TITILE"�
Standard Specifications for Construction ofAirports
Use ofNondestructive Testing inthe Evaluation ofAirport Pavements
� 150/5370'13A
15085370'16
150/5370-17
i50/5380-0
15053Q0-2C
15085395-113
Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt
AinsideApplications for Artificial Turf
Rapid Construction ofRigid (Portland Cement Concrete) Airfield Pavements
AinsideUse ofHeated Pavement Systems
Guidelines and Procedures for Maintenance ofAirport Pavements
Airport Pavement Management Program
Guidelines and Procedures for Measuring Airfield Pavement Roughness
Heliport Design
Seaplane Bases
THE FOLLOWING ADDITIONAL ADVISORY CIRCULARS APPLY TO AIP AND BUL
PROJECTS ONLY
160/5100'14E.
Changel
Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
150/5100-17.
Changes 1 -7
Land Acquisition and Relocation Assistance for Airport Improvement Program
Assisted Projects
150/5100-21
State Block Grant Program
Quality Management for Federally Funded Airport Construction Projects
FAA Advisory Circulars Required for Use m/UP opdateu11n7/2o22
Funded, a|LFunded, and PFoApproved Projects ^mr
U.S. Department mTransportation OMB CONTROL NUMBER: %12U-0509
Federal Aviation Administration EXPIRATION DATE: 6/30/2023
Selection mfConsultants
Airport Improvement Program Sponsor Certification
Sponsor: City ofYakima
Airport: Yakima Air Terminal -McAllister Field
Project Number: 3-53-0089-054-2023
Description of Work: Snow Removal Equipment (8RE)Procurement Project, Two (2) Chassis with Sand
Spreader and Plow Attachment
Application
49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that itwill comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). General requirements for selection of consultant services within federal grant programs
unodoaoribedin2CFRQ§20U.317'2OU.32G.Sponaoromoyuoeo(herque|ifiooUone'baoedprunedunue
provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14,
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.
Certification Statements
Except for certification statements below marked aonot applicable (N/A).this list includes major
requirementeoftheoonmtmctionpnojeot.Se|auing^Yeo^nopnaeantumponeorocknow|adgementond
confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time
based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source ofthe requirement ia referenced within
parenthesis.
1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative
issues arising out oftheir procurement actions (2CFR§ 200.318(k)).
E9 Yes El No El N/A
2. Sponsor procurement actions ensure or will ensure full and open competition that does not
unduly limit competition (2CFR§2OO.310).
0 Yes El No El N/A
3. Sponsor has excluded orwill exclude any entity that develops ordrafts specifications,
requirements, orstatements ofwork associated with the development ofornqueat-hor'
qua|ifimtiono(RFO)hnmoompotingfortheadvurtiaedoemiouu(2CFR§2O0.31A).
0Yeo ONo El N/A
FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3
4. The advertisement describes mwill describe specific project that provide
clear detail ofrequired services without unduly restricting competition (2CFR02OO.31Q).
0Yeu ONo El N/A
6. Sponsor has publicized nrwill publicize nRFOthat:
o. Solicits anadequate number ofqualified sources (2CFR§2OO.32U(d));and
b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)).
QQYes []No El N/A
0. Sponsor has based or will base selection on qualifications, experience, and disadvantaged
business enterprise participation with price not being aselection factor (2CFR§ 200.320(d)).
QQYes El No 0N64
7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to
individuals or firms suspended, debarred or otherwise excluded from participating in federally
assisted projects (2CFR§18U.3O0).
QQYes El No El N/A
8. A/E services covering multiple projects: Sponsor has agreed to or will agree to:
a. Refrain from initiating work covered by this procurement beyond five years from the date
ofselection (AC 150/5100-14);ond
b. Retain the right to conduct new procurement actions for projects identified or not
identified inthe RFC)(AC 15O/51OO44).
A. Sponsor has negotiated cvwill negotiate nfair and reasonable fee with the firm they select as
most qualified for the services identified inthe RFO(3CFR§ 200.323).
10. The Spnnoorucontract identifies orwill identify costs associated with ineligible work separately
from costs associated with eligible work (2CFR§ 200.302).
MYeo ONu ON6A
11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the
procurement action, rationale for contract type and basis for contract fees (2 CFR§2OU.318(i)).
9Yeu El No El N/A
12. Sponsor has incorporated orwill incorporate mandatory contact provisions inthe consultant
contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix 11)
QQYna ONo ONA\
FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3
13. For contracts that apply atipayment provision (also known oohourly rates,
specific rates of compensation, and labor rates), the Sponsor has established or will establish:
a. JuodiUootionthatthenoionnutharouitab|eoontnaotmethodfortheoemioao(2CFR
§200.3180));
b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.3180)); and
o. A high degree of oversight that assures consultant is performing work in an efficient
manner with effective cost controls inplace 2CFR§2U0.3180)).
ED Yes El No El N/A
14. Sponsor is not using or will not use the prohibited cost-plus-percentage-of-cost(CPPC)oonhao
method. (2CFR§200.323(d)).
E9Yeo ONo El N/A
Attach documentation clarifying any above item marked with ^no^response.
Sponsor'sCertification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" iocorrect and complete.
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
vvi||h/||y providing false information huthe federal government is a violation of 18 USC § 1001 (False
'Statements) and could subject metufines, imprisonment, orboth.
�
Executed on1hia'?,04'mr° day '/ ,V, . 2023
~
Name ofSponsor: City ofYakima
Name of Sponsor's Authorized Official,
Title ofSponeor'oAuthorized Official: �
{,r��� �,����"b-L�
Signature ofSponaor'a
I declare under penalty of perjury that the foregoing is true and bt0ect, I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject meto fines, imprisonment, or both.
FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3
u,S,Department mTransportation OMB CONTROL NUMBER: 2120-O569
EXPIRATION DATE: 6/30/2023
Federal Aviation Administration
Project Plans and Specifications
Airport Improvement Program Sponsor Certification
Sponsor: City of Yakima
Airport: Yakima Air Terminal ' McAllister Field
Project Number: 3-53-0089-054-2023
Description »fWork: Snow Removal Equipment (GRE)Procurement Project, Two (2)Chassis with Sand Spreader
and Plow Attachment
Application
4QUSCQ471U5(d)audhohzentheSenrebyrytorequireoortifiuoUonfnzmtheaponeorthmditwiUoomply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (A|P). Labor and civil rights standards applicable to/\|P are established by the Department of
Labor(vm*w.do|.gov/). AIP Grant Assurance C.1—General Federal Requirements identifies applicable
federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under
NP. A list of current advisory circulars with specific standards for procurement, design or construction of
airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant
Assurance 34contained inthe grant agreement.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
confirmation ofthe certification statement. The term "wi||^means Sponsor action taken otappropriate
time based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1^ The plans and specifications were or will be prepared in accordance with applicable federal
standards and requirements, so that no deviation or modification to standards set forth in the
advisory circulars, or FAA -accepted state standard, is necessary other than those explicitly
approved bythe Federal Aviation Administration (FAA)(14USC§471U5).
Z Yes El No El N/A
2. Specifications incorporate or will incorporate a clear and accurate description of the technical
requirement for the material mproduct that does not contain limiting orproprietary features that
unduly restrict competition (2CFR§200.31Q).
FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3
3. The development that isincluded orwill boincluded inthe plans iadepicted onthe current airport
layout plan ooapproved bythe FAA (14USC §47187).
QQ Yea O No ONA\
4. Development and features that are ineligible orunallowable for AJPfunding have been ovwill be
omitted from the plans and specifications (FAA Order 51OU.38`par. 3'43).
QQYes El No ONA\
5. ThonpooifioaUondueonotuueorviUncduue^brandname^orequo|tuoonvmyraquiromenta
unless sponsor requests and receives approval from the FAA to use brand name (FAA Order
51OU.38.Table U'5).
ED Yes El No El N/A
6. The specification does not impose or will not impose geographical preference in their
procurement requirements (2CFR§2O8.318(b)and FAA Order 51UO.38.Table U'5).
0 0ao O No El N/A
7. The use cfprequdifiedlists cfindividuals, firms orproducts include orwill include sufficient
qualified sources that ensure open and free competition and that does not preclude potential
entities from qualifying during the solicitation period (2CFR §318(d)).
8. Solicitations with bid alternates include or will include explicit information that establish a basis for
award of contract that iofree ofarbitrary decisions bythe sponsor (2CFR§ 200.310(a)(7)).
ED Yes El No D N/A
&. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering
clause into the contract (FAA Order 51UO.38.par. 3'57).
QQ Yea O No 0N/4
10. The plans and specifications incorporate or will incorporate applicable requirements and
recommendations set forth in the federally approved environmental finding (49 USC §47106(c)).
0Yeo []Nu El N/A
11. The design of all buildings comply or will comply with the seismic design requirements of 49 CIFIR
§41.12O. (FAA Order 510O.38d.par. 3'92)
ED Yes 0 No El N/A
12.The project specification include or will include process control and acceptance tests required for
the project byooper the applicable standard:
o. Construction and installation as contained in Advisory Circular (AC) 150/5370-10.
2Yuo El No El N/A
FAA Form 5100-132 (8120) SUPERSEDES PREVIOUS EDITION Page 2 of 3
b. Snow Removal Equipment aucontained inAC158/522O'W
EdYes El No El N/A
o. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10.
El Yes ONo QQN/A
13. For construction activities within or near aircraft operational areas(AOA):
a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming
bnAdvisory Circular 15O/537O'2.
b. Compliance with CSPP safety provisions has been or will be incorporated into the plans
and specifications aaacontractor requirement.
c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order
51O0.38.Par. 5-2Q).
E9 Yes El No M N/A
14. The project was or will be physically completed without federal participation in costs due to errors
and omissions in the plans and specifications that were foreseeable at the time of project design
(4QUSC§47118(b)(1)and FAA Order 5100.3Dd.par. 34UO).
9 Yes El No El N/A
Attach documentation clarifying any above item marked with ^No" response.
Sponsor'eCeddDcothxn
| certify, for the project identified herein, responses to the forgoing items are accurate as marked and
�
additional documentation for any item marked "no" is correct and complete.
Executed onthis iOIN day of 2025
Name � QtyufYakima
|�
/ �Name cfSpunaoraAuthmiOf
ficial: ;�a|; P���\���
Title ufS haAuthhzed Official: VIA (J� yy
Signature ofSponmor'nAuthorized
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing ha|ao information hothe federal government inaviolation of 18 USC Q 1001 (False
Statements) and could subject mmhmfines, imprisonment, orboth.
FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION
Page omo
us-oonartmommnanspurtauon
Federal Aviation Administration
OMB CONTROL NUMBER: 212U-0508
EXPIRATION DATE: 6130/2023
Equipment and Construction Contracts
Airport Improvement Sponsor Certification
Sponsor: City o[Yakima
Airport: Yakima Air Terminal ' McAllister Field
Project Number: 3-53-0089-054-2023
Description ofWork: Snow Removal Equipment (GRE) Procurement Project, Two (2) Chassis with Sand
Spreader and Plow Attachment
Application
49USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (A|P). 8nnona| procurement standards for equipment and construction contracts within Federal
grant programs are described in2CFR§§2UU.317'2O0.326. Labor and Civil Rights Standards
applicable tothe A|P are established by the Department ofLabor (vwww.du|.gov)A|P Grant Assurance
C.1—General Federal Requirements identifies all applicable Federal Lmvvn, vogu|oUone, executive orders,
po|icieo, guidelines and requirements for assistance under the A|P. Sponsors may use state and local
procedures provided the procurement conforms tothese federal standards.
This certification applies toall equipment and construction projects. Equipment projects may ormay not
employ laborers and mechanics that qualify the project eoo"covered contract" under requirements
established bythe Department ofLabor requirements. Sponsor shall provide appropriate responses ho
the certification statements that reflect the character ofthe project regardless ofwhether the contract ia
for oconstruction project oronequipment project.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major
nnquinommntaoftheconebuotionpnojoot.So|eoting^Yea^napneoenheoponooreoknmw|adgementand
confirmation ofthe certification statement. The term "wi||^means Sponsor action taken atappropriate
time based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. A written code or standard of conduct is or will be in effect prior to commencement of the project
that governs the performance of the sponsor's officers, employees, or agents in soliciting,
awarding and administering procurement contracts (2 CFR§200.318).
QQYoa [] No [] N64
FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 4
2. For all contracts, qualified and competent personnel are or will be engaged to perform contract
administration, engineering supervision, construction inspection, and testing
(Grant Assurance C17).
ED Yes El No El N/A
3. Sponsors that are required tohave aDisadvantage Business Enterprise (DBE)program onfile
with the FAA have included or will include clauses required by Title VI of the Civil Rights Actand
49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts.
[91Ynn [] No O N/A
4. Sponsors required hohave aDBE program onfile with the FAA have implemented nrwill
implement monitoring and enforcement measures that:
o. Ensure work committed to Disadvantaged Business Enterprises at contract award is
actually performed bythe named DBEs (4QCFR§ 26.37(b));
b. Include written certification that the sponsor has reviewed contract records and has
monitored work sites for performance hyDBE firms (4SCFR§ 26.37(b));and
o. Provides for a running tally of payments made to DBE firms and a means for comparing
ootuo| attainments (i.e. payments) tooriginal commitments (49 CFR§2G.37(n)).
10Yen [] No O N/A
5. Sponsor procurement actions using the competitive sealed bid method (2 CFR § 200.320(c)). was
or will be:
o. Publicly advertised, allowing a sufficient response time to solicit an adequate number of
interested contractors orvendors;
b. Prepared to include a complete, adequate and realistic specification that defines the
items or services in sufficient detail to allow prospective bidders to respond;
c. Publicly opened ntatime and place prescribed inthe invitation for bids; and
d. Prepared in a manner that result in a firm fixed price contract award to the lowest
responsive and responsible bidder.
DDYea [] No [] N/A
6. For projects the Sponsor proposes to use the competitive proposal procurement method (2 CFR §
2UU.%20(d)).Sponsor has requested urwill request FAA approval prior huproceeding with a
competitive proposal procurement bysubmitting hothe FAA the following:
a. Written justification that supports use of competitive proposal method in lieu of the
preferred sealed bid procurement method;
b. Plan for publicizing and soliciting an adequate number of qualified sources; and
n. Listing ofevaluation factors along with relative importance ofthe factors.
DDYao El No El N/A
7. For construction and equipment installation projects, the bid solicitation includes orwill include the
current federal wage rate schedule(s) for the appropriate type of work classifications (2 CFR Part
20O.Appendix U).
FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 4
8. Concurrence was orwill bmobtained from the Federal Aviation Administration (FA\) prior to
contract award under any ofthe following circumstances (Order 51UO.38D):
a. Only one qualified person/firm submits aresponsive bid;
b. Award iobabemade hoother than the lowest responsible bidder; and
n. Life cycle costing iaafactor inselecting the lowest responsive bidder.
9Yea El No ON/A
U. All construction and equipment installation contracts contain or will contain provisions for:
a. Access toRecords (§2U0.336)
b. Buy American Preferences (Title 48U.G.C. §5U1O1)
o. Civil Rights 'General Provisions and Title V| Aoeunanoea(41 CFIRpart GO)
d. Federal Fair Labor Standards (2QU.S.C. § 201.mtoeq)
o. Occupational Safety and Health Act requirements (20CFR pod 1920)
f. Seismic Sohoty— building construction (49 CFR part41)
g. State Energy Conservation Requirements - as applicable(2 CFR part 200, Appendix 11)
h. U.S.Trade Restriction (4QCFRpart 3O)
i. Veterans Preference (40USC§47112(o))
0Yao [] No El N/A
10. All construction and equipment installation contracts exceeding $2,000 contain or will contain the
provisions established by:
o. Davis -Bacon and Related Acts (2QCFRpart 5)
b. Copeland 'Y\nU'Kickback" Act (2QCFRparts 3and 5)
ZYeu [] No El N/A
11. All construction and equipment installation contracts exceeding $3.008 contain or will contain o
contract provision that discourages distracted driving (E.[>. 13613).
QQYes [] No El N/A
12. All contracts exceeding $10.000 contain or will contain the following provisions as applicable:
a. Construction and equipment installation projects Applicable clauses from
41 CFRPart 8Ofor compliance with Executive Orders 11248and 11375onEqual
Employment Opportunity;
b. Construction and equipment installation - Contract Clause prohibiting segregated facilities
inaccordance with 41 CFRpurt 80'1.8;
o. Requirement to maximize use of products containing recovered materials in accordance
with CFR§300.322and 4OCFRpart 247;and
d. Provisions that address termination for cause and termination for convenience
0 Yes El No El N/A
FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 4
13. All contracts and subcontracts exceeding $25,UUO: Measures are inplace orwill beinplace (e.g.
checking the System for Award Management) that ensure contracts and subcontracts are not
awarded to individuals or firms suspended, debarred, or excluded from participating in federally
assisted projects (2CFRparts 18Uand 12O0).
QQYoa O No [] N/A
14. Contracts exceeding the simplified acquisition threshold (currently $250,000) include or will include
provisions, aaapplicable, that address the following:
a. Construction and equipment installation contracts abid guarantee of596.aperformance
bond of1U096.and apayment bond of18O96(2CFR§200.325);
b. Construction and equipment installation contracts - requirements of the Contract Work
Hours and Safety Standards Act (40 U@C 3701'3708. Sections 103and 107);
u. Restrictions onLobbying and Influencing (3CFRpart 2OO.Appendix ||);
d. Conditions specifying administrative, contractual and legal remedies for instances where
contractor of vendor violate or breach the terms and conditions of the contract (2 CFR
§28O.Appendix ||);and
e. All Contracts - Applicable standards and requirements issued under Section 306 of the
Clean Air Act (42USC74O1'7G71q).Section 508ufthe Clean Water Act (33USC
1251-1387.and Executive Order 1173B.
QQYes [I No El N/A
Attach documentation clarifying any above item marked with ^No^response.
- - - ___-__-___-___----____-_'______-____-__.___
ation
|oertify for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked "no" is correct and complete.
| ~
' Name ofSponsor: City ofYakima
Name nfSpnnuoreAuthorized Official:
TiUeofSoonsor�Au�ohred��oinL��
---_-__- ---_____-��
�|Signature ofSponuor'uAuthorized Offici
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
/
.willfully providing false information h»the federal government ieoviolation of1D USC§ 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION
Page 4nf4
u.a.Department mTransportation OMB CONTROL NUMBER: 212O-05O8
Federal Aviation Administration EXPIRATION DATE: 6/30/2023
Construction P^~~��
o�ctU�'K���U��cce�nce
Airport Improvement Program Sponsor Certification
Sponsor: City of Yakima
Airport: Yakima Air Terminal ' McAllister Field
Project Number: 3-53-0089-054-2023
Description ofWork: Snow Removal Equipment (SRE)Procurement Project, Two (2)Chassis with Sand
Spreader and Plow Attachment
Application
49USC § 47105(d), authorizes the Secretary to require me certification from the sponsor that it will
comply with the statutory and administrative requirements in carrying out a project under the Airport
Improvement Program. General standards for final acceptance and close out of federally funded
construction projects are in 2 CFR § 200.343 — Closeout and supplemented by FAA Order 5100.38. The
sponsor must determine that project costs are accurate and proper in accordance with specific
requirements ofthe grant agreement and contract documents.
Certification Statements
Except for certification statements below marked not applicable (N/A), this list includes major
nmquinemantoofthaoonstruoUunpnoject.Se|ecting"Yeo^neprementoaponsnrecknow|edgmentond
confirmoUonoftheoertifiooUonatotemanLTheterm''xvi||''maanuSponooractiuntakenotoppnopriete
time based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with
all applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. The personnel engaged inproject administration, engineering supervision, project inspection, and
acceptance testing were or will be determined to be qualified and competent to perform the work
(Grant Assurance).
F71
�j ��
Yen ��No ��N/A
2. Construction nynonda, including daily |ogo, were or will be kept by the resident
engineer/construction inspector that fully document contractor's performance in complying with:
a. Technical standards (Advisory Circular (AC)15O/5370'13);
b. Contract requirements (2 CFR part 200 and FAA Order 51U0.38); and
o. Construction safety and phasing plan measures (AC 150/537O'2).
rZ;1You F-lNo F-1N/A
3. All acceptance tests specified in the project specifications were or will be performed and
documented. (AC 150/537U'12).
r;7J1Yen F-]Nu RNA\
FAA Form 5100-129 (8/20) SUPERSEDES PREVIOUS EDITION page 1 of 3
4. Sponsor has taken orwill take appropriate corrective action for any test result outside of
allowable tolerances (AC 150/537U'12).
rZ7Yea F-lNn F-IN/A
5. Pay reduction factors required by the specifications were applied or will be applied in computing
final payments with osummary made available tothe FAA (AC 15U/5370'1O).
F�|Yan F-1No [—lNA\
8. Sponsor has notified, or will promptly notify the Federal Aviation Administration (FAA) of the
following occurrences:
a. Violations of any federal requirements set forth or included by reference in the contract
documento(2 CFRpart 2UO);
b. Disputes or complaints concerning federal labor standards (29 CFR part 5); and
o. Violations of or complaints addressing conformance with Equal Employment Opportunity or
Disadvantaged Business Enterprise requirements (41 CFRChapter G0and 4QCFRpart 2G).
r'-1Yeo No 7N/A
LIN
7. Weekly payroll records and statements of compliance were or will be submitted by the prime
contractor and reviewed by the sponsor for conformance with federal labor and civil rights
requirements as required by FAA and U.S. Department of Labor (29 CFR Part 5).
r;��`lyes [—1 No [—1 N/A
8. Payments to the contractor were or will be made in conformance with federal requirements and
contract provisions using sponsor internal controls that include:
a. Retaining source documentation of payments and verifying contractor billing statements
against actual performance (2CFR§ 20O.3O2and FAA Order 51UU.38);
b. Prompt payment of subcontractors for satisfactory performance of work (49 CFR § 26.29);
o. Release of applicable retainage upon satisfactory performance of work (49 CIFIR § 26.29);
and
d. Verification that payments boDBEs represent work the DBE performed hycarrying out e
commercially useful function (40 CFR§26.55).
Yoa F-]Nn nNA\
S. A final project inspection was or will be conducted with representatives of the sponsor and the
contractor present that ensure:
a. Physical completion of project work in conformance with approved plans and specifications
(Ordar51UU.3O);
b. Necessary actions to correct punch list items identified during final inspection are complete
(Order 51UU.38);and
n. Preparation ofarecord cf final inspection and distribution boparties tothe contract
(Dnder510U.38);
FulYea No FNA\
10. The project was or will be accomplished without material deviations, changes, or modifications
from approved plans and specifications, except as approved by the FAA (Order 5100.38).
Yes ��No �]NA\
u� u u
FAA Form 5100-129 (8/20) SUPERSEDES PREVIOUS EDITION page 2 of 3
11. The construction of all buildings have complied or will comply with the seismic construction
requirements wf40CFR§41.12O.
[:]Yea R No ' N/A
12. For development projects, sponsor has taken or will take the following close-out actions:
a. Submit to the FAA a final test and quality assurance report summarizing acceptance test
results, auapplicable (Grant CondiUon);
b. Complete all environmental requirements as established within the project environmental
determination (Oder 51OU.38);and
o. Prepare and retain as -built plans (Order 51OO.38).
r�7Yee E] No R N/A
13. Sponsor has revised or will revise their airport layout plan (ALP) that reflects improvements made
and has submitted or will submit an updated ALP to the FAA no later than 90 days from the
period ofperformance end date. (4QUGCQ471O7and Order 51OO.38).
Ind
Yao R No R N/A
AttaohdonummntaUundorifyingonyobnveitemmarkedvvith^No''neupunom.
Sponaor'aCertificatmn
| certify, for the project identified herein, responses hothe forgoing items are accurate oomarked and
additional documentation for any item marked "no" is correct and complete.
Executed on this{���S day of Jr, 4e-
NnmeofSponaoc City ofYakima
Name ofSponnor'uAuthorized Offiuia|�
Title ofSponuo/aAuthorized Official:
Signature ofSponsor'aAuthorized Offioia
. 2023
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information 0nthe federal government isoviolation cf1D USC§ 1001 (False
Statements) and could subject mebxfines, imprisonment, orboth.
FAA Form 5100-129 (8/20) SUPERSEDES PREVIOUS EDITION page 3 of 3
ueDepartment mTransportation OMB CONTROL NUMBER: 212U-05O9
Federal Aviation Administration EXPIRATION DATE: 6/302023
Drug -Free Workplace
Airport Improvement Program Sponsor Certification
Sponsor: City ofYakima
Airport: Yakima Air Terminal McAllister Field
Project Number: 3-53-0089-054-2023
Description ofWork: Snow Removal Equipment (GRE)Procurement Project, Two (2)Chassis with Sand
Spreader and Plow Attachment
Application
49 LISC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
ProQnam(A|P). General requirements on the drug -free workplace within federal grant programs are
described in2 CFRpart 1O2. Sponsors are required tucertify they will be, orwill continue tuprovide, a
drug -free workplace in accordance with the regulation. The AIP project grant agreement contains specific
assurances onthe Drug -Free Workplace Act of1S88.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major
requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and
ounfinnationofdheoartifioetonobabamenLThobunn"wi||^moanoGponuuractiontokenotoppnophaUatime
based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. Astatement has been orwill bopublished prior bmcommencement ufproject notifying employees
that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against
employees for violation ofsuch prohibition (2CFR§183.2O5).
0 Yes El No El N/A
2. Amongoing drug -free awareness program (2CFR§1(2.215) has been orwill baestablished
prior to commencement of project to inform employees about:
o. The dangers ufdrug abuse hn the workplace;
b. The aponno/spolicy ofmaintaining odrug-free workplace;
o. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring
inthe workplace.
0Yea [] No El N/A
FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3
3. Each employee to be engaged in the performance of the work has been or will be given a copy of
the statement required within item 1above prior tocommencement ofproject (2CFR§182.210).
0 Yes El No 0N/4
4. Employees have been or will be notified in the statement required by item 1 above that, ono
condition employment under the grant (2 CFR § 182.205(c)), the employee will:
a. Abide bythe terms ofthe statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction,
E9 Yes El No El N/A
5. The Federal Aviation Administration (FA\) will benotified inwriting within 1Ocalendar days after
receiving notice under item 4b above from an employee or otherwise receiving actual notice of
such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice,
including position title ofthe employee, Uothe FAA (lCFR§182.3OO).
ED Yes El No 0 N/A
G. OnoofUn»hdlowingouUona(2CFR§182.225(b))viUbebakenwithin3Ucalendardoynof
receiving onotice under item 4babove with respect toany employee who ioeoconvicted:
a. Take appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements ofthe Rehabilitation Act of1Q73.00
amended; and
b. Require such employee to participate satisfactorily in drug abuse assistance or
rehabilitation programs approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency.
M Yes El No El N/A
7. A good faith effort will be made, on a continuous basis, to maintain a drug -free workplace through
implementation of items 1 through G above (2 CFR § 182.200).
0Yee El No El N/A
Site(s) of performance of work (2CFR §182.230):
Location
Name ufLocation: Yakima Air Terminal ' McAllister Field
Address: 2406 West Washington Avenue Suite B, Yakima, WA 98903
Location (if applicable)
Name ofLocation: Yakima City Hall
Location 3(if applicable)
Name ofLocation:
FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3
Attach documentation clarifying any above item marked with e^No^response.
Sponamr'oCmrtificatmn
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked ''no^iacorrect and complete.
' =
Name ofSponsor: City ufYakima
. Name ofSponeor'sAuthorized Official:
Title of Sponsor's Authorized Official:
'Signature ofSponsor'oAuthorized Official:
,
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
|
willfully providing false information tothe federal government iooviolation of18 USC§ 1001 (False
Statements) and could subject me to fines, imprisonment, or both.
FAA Form a100-130(8/2O) SUPERSEDES PREVIOUS EDITION Page amo
U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100~135, Certification and Disclosure Regarding
Potential Conflicts ofInterest -- Airport Improvement Program
Sponsor Certification
Paperwork Reduction Act Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a
person bmsubject toopenalty for failure tocomply with acollection ofinformation subject to the
requirements ofthe Paperwork Reduction Act unless that collection ofinformation displays ocurrently
valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public
�reporting for this collection ofinformation ioestimated to beapproximately 8hours per response,
1 including the time for reviewing instructions, searching existing data sources, gathering and maintaining
�
the data needed, completing and reviewing the collection of information. All responses to this collection of
information are required under 40U.G.C.Section 471U5horetain obenefit and bumeet the reporting
requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspectof this
collection of information, including suggestions for reducing this burden to: Information Collection
Clearance Officer, Federal Aviation Administration, 1O1O1 Hi|kmoudParkway, Fort Worth, TX
FAA Form 5100-135
u,S-oopartmvnmTmnoportauon OMB CONTROL NUMBER: 212O-05O9
Federal Aviation Administration EXPIRATION DATE: 6/30/2023
Certification and Disclosure Regarding Potential Conflicts of Interest
Airport Improvement Program Sponsor Certification
Sponsor: City of Yakima
Airport: Yakima Air Terminal -McAllister Field
Project Number: 3-53-0089-054-2023
Description of Work: Snow Removal Equipment (SRE)Procurement Project, Two (2)Chassis with Sand Spreader
and Plow Attachment
Application
Title 2CFR§200.112and §12U1.112address Federal Aviation Administration (F/V\) requirements for
conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors
must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following
have ofinancial urother interest inthe firm selected for award:
a) The employee, officer oragent,
b) Any member ufhis immediate family,
o) His orher partner, or
d) Anorganization which employs, orisabout toemploy, any ofthe above.
SaeuUng^Yeo^nepnaoantseponoororaub'n*dpiantaoknow|odgemertandoonfirmatinnofUho
oertifioaUunstohummnLSe|noUng^No^nmpreoenteoponoororaub-naupierddiodoounothat itcannot fully
oump|ywiththenartifioationubub*ment.|f^No^ioao|ected.provideouppnrtinformotiunexp|oiningthe
negative response as an attachment to this form. This includes whether the sponsor has established
standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CIFIR §
2OU.318(o)).The term ''vvi||^means Sponsor action taken otappropriate time based onthe certification
statement focus area, but no later than the end of the project period of performance.
Certification Statements
1. The sponsor or sub -recipient maintains a written standards of conduct governing conflict of
interest and the performance of their employees engaged in the award and administration of
contracts (2CFR§ 200.318(c)). To the extent permitted by state or local law or regulations, such
standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of
such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by
contractors ortheir agents.
QQYes 0No
FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 2
2. The sponsor's or sub -recipient's officers, employees or agents have not and will not solicit or
accept gratuities, favors or anything of monetary value from contractors, potential contractors, or
parties tosub-agreements (2 CFR§2OU318(n)).
Z Yes ONo
3. The sponsor orsub-recipient certifies that iahas disclosed and will disclose tothe FAA any
known potential conflict of interest (2 CFR § 1200.112).
QQYes El No
Attach documentation clarifying any above item marked with ^no^response.
Sponsor's Certification
| certify, for the project identified herein, responses to the forgoing items are accurate as marked and
have the explanation for any item marked "no" is correct and complete.
Executed onthi"XMday cf .2023
Name ofSponsor: City ofYakima
Name o[Sponaor'aAuthorized Official:
Title of Sponsor's Authorized Official:
W'
`&»��
Signature cf8ponoor'oAuthorized OffiuiaC
| declare under penalty cfperjury that the foregoing is rue and correct. | understand that knowingly and
willfully providing false information hothe federal government ieeviolation of18 USC § 1081 (False
� Statements) and could subject mehofines, imprisonment, orboth.
FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 2
1
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.F.
For Meeting of: June 20, 2023
Resolution authorizing application for and, if awarded, to accept
grants from the Federal Aviation Administration (FAA) for Snow
Removal Equipment (Runway Plows capital improvements at the
Yakima Air Terminal -McAllister Field
SUBMITTED BY: Jaime Vera -Airport Operations and Maintenance Manager
SUMMARY EXPLANATION:
The Yakima Air Terminal -McAllister Field has recently completed an Airport Master Plan Update,
which details a variety of Federal Aviation Administration required capital improvement projects,
including purchasing Snow Removal Equipment -Runway Plows. New Runway Plows will replace
existing 1996 Oskosh runway plows that have exceeded their useful life span. Runway Plows are
essential to maintain runway surfaces open during inclement weather months.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description
0 resolution
❑ SRE Grant Application
Upload Date
6/15/2023
6/14/2023
Type
Corer Memo
Contract
3-53-0089-054-2023
yk
U.S. Department
(11 of Transportation
Federal Aviation
Administration
July 12, 2023
Mr. Bob Harrison
City Manager
City of Yakima
Yakima Air Terminal -McAllister Field
129 N 2nd St
Yakima, WA 98901
Dear Mr. Harrison:
Airports Division
Northwest Mountain Region
Oregon, Washington
Seattle Airports District
Office:
2200 S 216th St
Des Moines, WA 98198
The Grant Offer for Airport Improvement Program (AIP) Project No. 3-53-0089-054-2023 at Yakima Air
Terminal -McAllister Field Airport is attached for execution. This letter outlines the steps you must take
to properly enter into this agreement and provides other useful information. Please read the conditions,
special conditions, and assurances that comprise the grant offer carefully.
You may not make any modification to the text, terms or conditions of the grant offer.
Steps You Must Take to Enter Into Agreement.
To properly enter into this agreement, you must do the following:
1. The governing body must give authority to execute the grant to the individual(s) signing the
grant, i.e., the person signing the document must be the sponsor's authorized representative(s)
(hereinafter "authorized representative").
2. The authorized representative must execute the grant by adding their electronic signature to
the appropriate certificate at the end of the agreement.
3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s)
will automatically receive an email notification.
4. On the same day or after the authorized representative has signed the grant, the sponsor's
attorney(s) will add their electronic signature to the appropriate certificate at the end of the
agreement.
5. If there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow
the above procedures to fully execute the grant and finalize the process. Signatures must be
obtained and finalized no later than August 1, 2023.
6. The fully executed grant will then be automatically sent to all parties as an email attachment.
Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for
reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please
see the attached Grant Agreement for more information regarding the use of this System.
1
3-53-0089-054-2023
Project Timing. The terms and conditions of this agreement require you to complete the project without
undue delay and no later than the Period of Performance end date (1,460 days from the grant execution
date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We
expect you to submit payment requests for reimbursement of allowable incurred project expenses
consistent with project progress. Your grant may be placed in "inactive" status if you do not make draws
on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the
Period of Performance ends are generally not allowable and will be rejected unless authorized by the
FAA in advance.
Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as
follows:
• For all grants, you must submit by December 31st of each year this grant is open:
1. A signed/dated SF-270 (Request for Advance or Reimbursement for non -construction
projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for
Construction Programs), and
2. An SF-425 (Federal Financial Report).
• For non -construction projects, you must submit FAA Form 5100-140, Performance Report within
30 days of the end of the Federal fiscal year.
• For construction projects, you must submit FAA Form 5370-1, Construction Progress and
Inspection Report, within 30 days of the end of each Federal fiscal quarter.
Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply
with audit requirements as established under 2 CFR Part 200. Subpart F requires non -Federal entities
that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that
year. Note that this includes Federal expenditures made under other Federal -assistance programs.
Please take appropriate and necessary action to ensure your organization will comply with applicable
audit requirements and standards.
Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your
FAA contact indicated below to close the project without delay and submit the necessary final closeout
documentation as required by your Region/Airports District Office.
FAA Contact Information. Chelsea Branchcomb, (206) 231-4231, Chelsea.l.branchcomb@faa.gov is the
assigned program manager for this grant and is readily available to assist you and your designated
representative with the requirements stated herein.
We sincerely value your cooperation in these efforts and look forward to working with you to complete
this important project.
Sincerely,
Warren D. Ferrell
Manager
2
3-53-0089-054-2023
ir
U.S. Department
of Transportation
Federal Aviation
Administration
FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM
FY 2023 Airport Improvement Program (AIP)
GRANT AGREEMENT
Part I - Offer
Federal Award Offer Date
July 12, 2023
Airport/Planning Area Yakima Air Terminal -McAllister Field Airport, Washington
FY2023 AIP Grant Number 3-53-0089-054-2023 (Contract Number: DOT-FA23NM-0020)
Unique Entity Identifier FJNNX1XFJ9K3
TO: City of Yakima
(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 June 21, 2023, for a grant
of Federal funds for a project at or associated with the Yakima Air Terminal -McAllister Field Airport,
which is included as part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the Yakima Air Terminal -McAllister Field Airport (herein
called the "Project") consisting of the following:
Acquire Snow Removal Equipment (SRE) (two plows with sand spreaders);
which is more fully described in the Project Application.
NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code
(U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018
(Public Law Number 115-254); the Department of Transportation Appropriations Act, 2021 (Public Law
116-260, Division L); the Consolidated Appropriations Act, 2022 (Public Law 117-103); Consolidated
Appropriations Act, 2023 (Public Law 117-328); and the representations contained in the Project
3
3-53-0089-054-2023
Application; and in consideration of: (a) the Sponsor's adoption and ratification of the Grant Assurances
attached hereto; (b) the Sponsor's acceptance of this Offer; and (c) the benefits to accrue to the United
States and the public from the accomplishment of the Project and compliance with the Grant Assurance
and conditions as herein provided;
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay ninety (90) percent of the allowable costs incurred accomplishing the
Project as the United States share of the Project.
Assistance Listings Number (Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is
$1,358,472.
The following amounts represent a breakdown of the maximum obligation for the purpose of
establishing allowable amounts for any future grant amendment, which may increase the
foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b):
$ 0 for planning;
$ 1,358,472 airport development; and,
$ 0 for land acquisition.
2. Grant Performance. This Grant Agreement is subject to the following Federal award
requirements:
a. Period of Performance:
1. Shall start on the date the Sponsor formally accepts this Agreement and is the
date signed by the last Sponsor signatory to the Agreement. The end date of the
Period of Performance is 4 years (1,460 calendar days) from the date of
acceptance. The Period of Performance end date shall not affect, relieve, or
reduce Sponsor obligations and assurances that extend beyond the closeout of
this Grant Agreement.
2. Means the total estimated time interval between the start of an initial Federal
award and the planned end date, which may include one or more funded
portions or budget periods. (2 Code of Federal Regulations (CFR) § 200.1).
b. Budget Period:
1. For this Grant is 4 years (1,460 calendar days) and follows the same start and
end date as the Period of Performance provided in paragraph (2)(a)(1). Pursuant
to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs
incurred during the Budget Period.
2. Means the time interval from the start date of a funded portion of an award to
the end date of that funded portion during which the Sponsor is authorized to
expend the funds awarded, including any funds carried forward or other
revisions pursuant to 2 CFR § 200.308.
c. Close Out and Termination
4
3-53-0089-054-2023
1. Unless the FAA authorizes a written extension, the Sponsor must submit all
Grant closeout documentation and liquidate (pay-off) all obligations incurred
under this award no later than 120 calendar days after the end date of the
period of performance. If the Sponsor does not submit all required closeout
documentation within this time period, the FAA will proceed to close out the
grant within one year of the Period of Performance end date with the
information available at the end of 120 days. (2 CFR § 200.344).
2. The FAA may terminate this Grant, in whole or in part, in accordance with the
conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory
authorities as applicable.
3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the
FAA has determined to be ineligible or unallowable.
4. Determining the Final Federal Share of Costs. The United States' share of allowable project
costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and
procedures of the Secretary of Transportation ("Secretary"), and any superseding legislation.
Final determination of the United States' share will be based upon the final audit of the total
amount of allowable project costs and settlement will be made for any upward or downward
adjustments to the Federal share of costs.
5. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor
must carry out and complete the project without undue delays and in accordance with this
Agreement, 49 U.S.C. Chapters 471 and 475, the regulations, and the Secretary's policies and
procedures. Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval
for any disengagement from performing the project that exceeds three months or a 25 percent
reduction in time devoted to the project. The report must include a reason for the project
stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this
Agreement.
6. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend
or withdraw this offer at any time prior to its acceptance by the Sponsor.
7. Offer Expiration Date. This offer will expire, and the United States will not be obligated to pay
any part of the costs of the project unless this offer has been accepted by the Sponsor on or
before August 1, 2023, or such subsequent date as may be prescribed in writing by the FAA.
8. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if
necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal
antitrust statutes, or misused in any other manner for any project upon which Federal funds
have been expended. For the purposes of this Grant Agreement, the term "Federal funds"
means funds however used or dispersed by the Sponsor, that were originally paid pursuant to
this or any other Federal grant agreement. The Sponsor must obtain the approval of the
Secretary as to any determination of the amount of the Federal share of such funds. The
Sponsor must return the recovered Federal share, including funds recovered by settlement,
order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request,
all documents and records pertaining to the determination of the amount of the Federal share
or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All
settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery
of such Federal share require advance approval by the Secretary.
5
3-53-0089-054-2023
9. United States Not Liable for Damage or Injury. The United States is not responsible or liable for
damage to property or injury to persons which may arise from, or be incident to, compliance
with this Grant Agreement.
10. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI).
a. Requirement for System for Award Management (SAM): Unless the Sponsor is
exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the
currency of its information in the SAM until the Sponsor submits the final financial
report required under this Grant, or receives the final payment, whichever is later. This
requires that the Sponsor review and update the information at least annually after the
initial registration and more frequently if required by changes in information or another
award term. Additional information about registration procedures may be found at the
SAM website (currently at http://www.sam.gov).
b. Unique entity identifier (UEI) means a 12-character alpha -numeric value used to identify
a specific commercial, nonprofit or governmental entity. A UEI may be obtained from
SAM.gov at https://sam.gov/content/entity-registration.
11. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make
each payment request under this Agreement electronically via the Delphi elnvoicing System for
Department of Transportation (DOT) Financial Assistance Awardees.
12. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA
determines that the maximum grant obligation of the United States exceeds the expected needs
of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter
amendment to the Sponsor unilaterally reducing the maximum obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an
overrun in the total actual eligible and allowable project costs to cover the amount of the
overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's
authority to increase the maximum obligation does not apply to the "planning" component of
Condition No. 1, Maximum Obligation.
The FAA can also issue an informal letter amendment that modifies the grant description to
correct administrative errors or to delete work items if the FAA finds it advantageous and in the
best interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
13. Air and Water Quality. The Sponsor is required to comply with all applicable air and water
quality standards for all projects in this grant. If the Sponsor fails to comply with this
requirement, the FAA may suspend, cancel, or terminate this Grant Agreement.
14. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal
financial reporting requirements and payment requirements, including submittal of timely and
accurate reports.
15. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C.
§ 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any
steel or manufactured products produced outside the United States to be used for any project
for which funds are provided under this Grant. The Sponsor will include a provision
implementing Buy American in every contract and subcontract awarded under this Grant.
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3-53-0089-054-2023
16. Build America, Buy America. The Sponsor must comply with the requirements under the Build
America, Buy America Act (Public Law 117-58).
17. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the
maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of
this Grant Offer:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects if funds are
available;
c. May be increased by not more than the greater of the following for a land project, if
funds are available:
1. 15 percent; or
2. 25 percent of the total increase in allowable project costs attributable to
acquiring an interest in the land.
If the Sponsor requests an increase, any eligible increase in funding will be subject to the United
States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if
applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not
responsible for the same Federal share provided herein for any amount increased over the
initial grant amount. The FAA may adjust the Federal share as applicable through an informal
letter of amendment.
18. Audits for Sponsors.
PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program -specific audit in
accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the
Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one
copy of the completed audit to the FAA. Sponsors that expend less than $750,000 in Federal
awards and are exempt from Federal audit requirements must make records available for
review or audit by the appropriate Federal agency officials, State, and Government
Accountability Office. The FAA and other appropriate Federal agencies may request additional
information to meet all Federal audit requirements.
19. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR §
180.200, the Sponsor must:
a. Verify the non -Federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the
System for Award Management (SAM) to determine if the non -Federal entity is
excluded or disqualified; or
2. Collecting a certification statement from the non -Federal entity attesting they
are not excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or
firm are not excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier
transactions with their contractors and sub -contractors.
7
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c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have
entered into a covered transaction with an ineligible entity or (2) the Public Sponsor
suspends or debars a contractor, person, or entity.
20. Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text
Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging
While Driving, December 30, 2009, the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by
distracted drivers including policies to ban text messaging while driving when
performing any work for, or on behalf of, the Federal government, including
work relating to a grant or subgrant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of
the business, such as:
i. Establishment of new rules and programs or re-evaluation of existing
programs to prohibit text messaging while driving; and
ii Education, awareness, and other outreach to employees about the
safety risks associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in
all subgrants, contracts, and subcontracts funded with this Grant.
21. Trafficking in Persons.
a. Posting of contact information.
1. The Sponsor must post the contact information of the national human
trafficking hotline (including options to reach out to the hotline such as through
phone, text, or TTY) in all public airport restrooms.
b. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this Grant, and
subrecipients' employees may not:
i. Engage in severe forms of trafficking in persons during the period of
time that the Grant and applicable conditions are in effect;
ii. Procure a commercial sex act during the period of time that the Grant
and applicable conditions are in effect; or
iii. Use forced labor in the performance of the Grant or any subgrants
under this Grant.
2. We as the Federal awarding agency, may unilaterally terminate this Grant,
without penalty, if you or a subrecipient that is a private entity —
i. Is determined to have violated a prohibition in paragraph (a) of this
Grant Condition; or
ii. Has an employee who is determined by the agency official authorized to
terminate the Grant to have violated a prohibition in paragraph (a) of
this Grant Condition through conduct that is either —
8
3-53-0089-054-2023
a) Associated with performance under this Grant; or
b) Imputed to you or the subrecipient using the standards and due
process for imputing the conduct of an individual to an organization that
are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by our agency at 2 CFR Part 1200.
c. Provision applicable to a recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this Grant, without penalty, if a
subrecipient that is a private entity —
1. Is determined to have violated an applicable prohibition in paragraph (a) of this
Grant Condition; or
2. Has an employee who is determined by the agency official authorized to
terminate the Grant to have violated an applicable prohibition in paragraph (a)
of this Grant Condition through conduct that is either —
i. Associated with performance under this Grant; or
ii Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are
provided in 2 CFR Part 180, "OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by our agency at 2 CFR Part 1200.
d. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph (a) of this Grant
Condition.
2. Our right to terminate unilaterally that is described in paragraph (a) or (b) of this
Grant Condition:
Implements section 106(g) of the Trafficking Victims Protection Act of
2000 (TVPA), as amended [22 U.S.C. § 7104(g)], and
ii. Is in addition to all other remedies for noncompliance that are available
to us under this Grant.
3. You must include the requirements of paragraph (a) of this Grant Condition in
any subgrant you make to a private entity.
e. Definitions. For purposes of this Grant Condition:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this Grant; or
ii. Another person engaged in the performance of the project or program
under this Grant and not compensated by you including, but not limited
to, a volunteer or individual whose services are contributed by a third
party as an in -kind contribution toward cost sharing or matching
requirements.
9
3-53-0089-054-2023
2. "Force labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for
labor or services, through the use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or
foreign public entity, as those terms are defined in 2 CFR § 175.25.
ii. Includes:
a) A nonprofit organization, including any nonprofit institute of higher
education, hospital, or tribal organization other than one included in the
definition of Indian tribe at 2 CFR § 175.25(b).
b) A for -profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion"
have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. §
7102).
22. Exhibit "A" Property Map. The Exhibit "A" Property Map dated May 2021, is incorporated
herein by reference or is submitted with the project application and made part of this Grant
Agreement.
23. Employee Protection from Reprisal.
a. Prohibition of Reprisals
1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee, subgrantee,
contractor, or subcontractor may not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing to a person or body described in
sub -paragraph (a)(2) below, information that the employee reasonably believes is
evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety; or
v. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered. The persons and bodies to which a disclosure by an
employee is covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or management
at the relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct; or
10
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vii. An authorized official of the Department of Justice or other law enforcement
agency.
b. Investigation of Complaints.
1. Submission of Complaint. A person who believes that they have been subjected to a
reprisal prohibited by paragraph (a) of this Condition may submit a complaint
regarding the reprisal to the Office of Inspector General (OIG) for the U.S.
Department of Transportation.
2. Time Limitation for Submittal of a Complaint. A complaint may not be brought under
this subsection more than three years after the date on which the alleged reprisal
took place.
3. Required Actions of the Inspector General. Actions, limitations, and exceptions of the
Inspector General's office are established under 41 U.S.C. § 4712(b).
c. Remedy and Enforcement Authority.
1. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a decision
not to conduct or continue an investigation by the OIG, the person submitting a
complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c)(2).
24. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor
agrees to comply with mandatory standards and policies relating to use and procurement of
certain telecommunications and video surveillance services or equipment in compliance with
the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)] and 2 CFR § 200.216.
25. Critical Infrastructure Security and Resilience. The Sponsor acknowledges that it has considered
and addressed physical and cybersecurity and resilience in their project planning, design, and
oversight, as determined by the DOT and the Department of Homeland Security (DHS). For
airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages
the voluntary adoption of the cybersecurity requirements from the Transportation Security
Administration and Federal Security Director identified for security risk Category X airports.
SPECIAL CONDITIONS
26. ARFF and SRE Equipment and Vehicles. The Sponsor agrees that it will:
a. House and maintain the equipment in a state of operational readiness on and for the
airport;
b. Provide the necessary staffing and training to maintain and operate the vehicle and
equipment;
c. Restrict the vehicle to on -airport use only;
d. Restrict the vehicle to the use for which it was intended; and
e. Amend the Airport Emergency Plan and/or Snow and Ice Control Plan to reflect the
acquisition of the vehicle and equipment.
27. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in
effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring
the Future Is Made in All of America by All of America's Workers.
11
3-53-0089-054-2023
28. Grant Approval Based Upon Certification. The FAA and the Sponsor agree that the FAA
approval of this grant is based on the Sponsor's certification to carry out the project in
accordance with policies, standards, and specifications approved by the FAA. The Sponsor
Certifications received from the Sponsor for the work included in this grant are hereby
incorporated into this grant agreement. The Sponsor understands that:
a. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain
prior FAA approval for modifications to any AIP standards or to notify the FAA of any
limitations to competition within the project;
b. The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing
appropriate project documentation for the purpose of validating the certification
statements;
If the FAA determines that the Sponsor has not complied with their certification statements, the
FAA will review the associated project costs to determine whether such costs are allowable
under AIP.
12
3-53-0089-054-2023
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual
obligations and rights of the United States and the Sponsor with respect to the accomplishment of the
Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant
Agreement shall become effective upon the Sponsor's acceptance of this Offer.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
7
(Signature)
Warren Ferrell
Warren D. Ferrell
Manager, Seattle Airports District Office
Manager, Seattle Airports District Office
' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
13
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Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to
in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with
all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.'
Dated July 21, 2023
City of Yakima
(Name of Sponsor)
Robert W. Harrison (Jul 21, 2023 12:17 PDT;
(Signature of Sponsor's Authorized Official)
By: Robert W. Harrison
(Typed Name of Sponsors Authorized Official)
Title: City Manager
(Title of Sponsor's Authorized Official)
CITY CONTRACT NO:2 191
n
RESOLUTION NO: *k'�a'J��O ✓
' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
14
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CERTIFICATE OF SPONSOR'S ATTORNEY
I, Sara Watkins , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of Washington. Further, I have examined the foregoing Grant Agreement and the
actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to
execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws
of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et
seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number 115-254); the Department of
Transportation Appropriations Act, 2021 (Public Law 116-260, Division L); the Consolidated
Appropriations Act, 2022 (Public Law 117-103); Consolidated Appropriations Act, 2023 (Public Law 117-
328); and the representations contained in the Project Application. In addition, for grants involving
projects to be carried out on property not owned by the Sponsor, there are no legal impediments that
will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement
constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.3
Dated at July 21, 2023
Sara watki'ns
By: Sara Watkins (Jul 21, 2023 13:15 PDT)
(Signature of Sponsor's Attorney)
3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
15
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ASSURANCES
AIRPORT SPONSORS
A. General.
1. These assurances shall be complied with in the performance of grant
agreements for airport development, airport planning, and noise compatibility
program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project
application by sponsors requesting funds under the provisions of Title 49,
U.S.C., subtitle VII, as amended. As used herein, the term "public agency
sponsor" means a public agency with control of a public -use airport; the term
"private sponsor" means a private owner of a public -use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are
incorporated in and become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by
a Public Agency Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in
full force and effect throughout the useful life of the facilities developed or
equipment acquired for an airport development or noise compatibility program
project, or throughout the useful life of the project items installed within a
facility under a noise compatibility program project, but in any event not to
exceed twenty (20) years from the date of acceptance of a grant offer of
Federal funds for the project. However, there shall be no limit on the duration
of the assurances regarding Exclusive Rights and Airport Revenue so long as the
airport is used as an airport. There shall be no limit on the duration of the
terms, conditions, and assurances with respect to real property acquired with
federal funds. Furthermore, the duration of the Civil Rights assurance shall be
specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the
useful life of project items installed within a facility or the useful life of the
facilities developed or equipment acquired under an airport development or
noise compatibility program project shall be no less than ten (10) years from
the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5,
6, 13, 18, 23, 25, 30, 32, 33, 34, and 37 in Section C apply to planning projects.
The terms, conditions, and assurances of this Grant Agreement shall remain in
full force and effect during the life of the project; there shall be no limit on the
Airport Sponsor Assurances 5/2022
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duration of the assurances regarding Exclusive Rights and Airport Revenue so
long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the application, acceptance, and use of
Federal funds for this Grant including but not limited to the following:
FEDERAL LEGISLATION
a. 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1
c. Federal Fair Labor Standards Act - 29 U.S.C. § 201, et seq.
d. Hatch Act — 5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §
4601, et seq.', 2
f. National Historic Preservation Act of 1966 — Section 106 - 54 U.S.C. § 306108.1.1
g. Archeological and Historic Preservation Act of 1974 - 54 U.S.C. § 312501, et seq.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section § 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended - 42 U.S.C. § 7401, et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended - 16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973 — Section 102(a) - 42 U.S.C. § 4012a.1
I. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 - 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968, as amended - 42 U.S.C. § 4151, et seq.'
s. Powerplant and Industrial Fuel Use Act of 1978 — Section 403 - 42 U.S.C. § 8373.1
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq.'
u. Copeland Anti -kickback Act - 18 U.S.C. § 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. § 4321, et seq.1
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w. Wild and Scenic Rivers Act, P.L. 90-542, as amended —16 U.S.C. § 1271, et seq.
x. Single Audit Act of 1984 - 31 U.S.C. § 7501, et seq.2
y. Drug -Free Workplace Act of 1988 - 41 U.S.C. §§ 8101 through 8105.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as
amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Build America, Buy America Act, P.L. 117-58, Title IX.
EXECUTIVE ORDERS
a. Executive Order 11246 — Equal Employment Opportunity'
b. Executive Order 11990 — Protection of Wetlands
c. Executive Order 11998 — Flood Plain Management
d. Executive Order 12372 — Intergovernmental Review of Federal Programs
e. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building
Construction'
f. Executive Order 12898 — Environmental Justice
g•
Executive Order 13166 — Improving Access to Services for Persons with Limited English
Proficiency
h. Executive Order 13985 — Executive Order on Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
i. Executive Order 13988 — Preventing and Combating Discrimination on the Basis of Gender
Identity or Sexual Orientation
J•
Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's
Workers
k. Executive Order 14008 — Tackling the Climate Crisis at Home and Abroad
FEDERAL REGULATIONS
a. 2 CFR Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards.4'5
c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13 — Investigative and Enforcement Procedures.
e. 14 CFR Part 16 — Rules of Practice For Federally -Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150 — Airport Noise Compatibility Planning.
g.
28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government
Services.
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h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1— Procedures for Predetermination of Wage Rates.'
j. 29 CFR Part 3 — Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.'
k. 29 CFR Part 5 — Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act)."
I. 41 CFR Part 60 — Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally -assisted contracting requirements)."
m. 49 CFR Part 20 — New Restrictions on Lobbying.
n. 49 CFR Part 21— Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964.
o. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally -Assisted Programs.' 2
q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27 — Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.'
s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
t. 49 CFR Part 30 — Denial of Public Works Contracts to Suppliers of Goods and Services of
Countries That Deny Procurement Market Access to U.S. Contractors.
u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial
Assistance).
v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38 — Americans with Disabilities Act (ADA) Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41— Seismic Safety.
FOOTNOTES To ASSURANCE (C)(1)
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon State and Local Governments by this regulation shall
apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
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5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the
proposed project; that a resolution, motion or similar action has been duly
adopted or passed as an official act of the applicant's governing body
authorizing the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection
with the application and to provide such additional information as may be
required.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the
proposed project and comply with all terms, conditions, and assurances of this
Grant Agreement. It shall designate an official representative and shall in
writing direct and authorize that person to file this application, including all
understandings and assurances contained therein; to act in connection with
this application; and to provide such additional information as may be
required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid
by the United States. It has sufficient funds available to assure operation and maintenance
of items funded under this Grant Agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to
the Secretary, to the landing area of the airport or site thereof, or will give
assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of
the sponsor, it holds good title satisfactory to the Secretary to that portion of
the property upon which Federal funds will be expended or will give assurance
to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of
the rights and powers necessary to perform any or all of the terms, conditions,
and assurances in this Grant Agreement without the written approval of the
Secretary, and will act promptly to acquire, extinguish or modify any
outstanding rights or claims of right of others which would interfere with such
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performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell,
lease, encumber, or otherwise transfer or dispose of any part of its title or
other interests in the property shown on Exhibit A to this application or, for a
noise compatibility program project, that portion of the property upon which
Federal funds have been expended, for the duration of the terms, conditions,
and assurances in this Grant Agreement without approval by the Secretary. If
the transferee is found by the Secretary to be eligible under Title 49, United
States Code, to assume the obligations of this Grant Agreement and to have
the power, authority, and financial resources to carry out all such obligations,
the sponsor shall insert in the contract or 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.
g•
If an arrangement is made for management and operation of the airport by any
agency or person other than the sponsor or an employee of the sponsor, the
sponsor will reserve sufficient rights and authority to ensure that the airport
will be operated and maintained in accordance with Title 49, United States
Code, the regulations and the terms, conditions and assurances in this Grant
Agreement and shall ensure that such arrangement also requires compliance
therewith.
Sponsors of commercial service airports will not permit or enter into any
arrangement that results in permission for the owner or tenant of a property
used as a residence, or zoned for residential use, to taxi an aircraft between
that property and any location on airport. Sponsors of general aviation airports
entering into any arrangement that results in permission for the owner of
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residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is
located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project
may be located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United
States Code, it has undertaken reasonable consultations with affected parties using the
airport at which project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway
extension, it has afforded the opportunity for public hearings for the purpose of considering
the economic, social, and environmental effects of the airport or runway location and its
consistency with goals and objectives of such planning as has been carried out by the
community and it shall, when requested by the Secretary, submit a copy of the transcript of
such hearings to the Secretary. Further, for such projects, it has on its management board
either voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary concerning a
proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway
extension at a medium or large hub airport, the sponsor has made available to and has
provided upon request to the metropolitan planning organization in the area in which the
airport is located, if any, a copy of the proposed amendment to the airport layout plan to
depict the project and a copy of any airport master plan in which the project is described or
depicted.
11. Pavement Preventive Maintenance -Management.
With respect to a project approved after January 1, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certifies that it has implemented an
effective airport pavement maintenance -management program and it assures that it will
use such program for the useful life of any pavement constructed, reconstructed or
repaired with Federal financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary determines
may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title
49, it has, on the date of submittal of the project grant application, all the safety equipment
required for certification of such airport under 49 U.S.C. § 44706, and all the security
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equipment required by rule or regulation, and has provided for access to the passenger
enplaning and deplaning area of such airport to passengers enplaning and deplaning from
aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount
and disposition by the recipient of the proceeds of this Grant, the total cost of
the project in connection with which this Grant is given or used, and the
amount or nature of that portion of the cost of the project supplied by other
sources, and such other financial records pertinent to the project. The accounts
and records shall be kept in accordance with an accounting system that will
facilitate an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the purpose
of audit and examination, any books, documents, papers, and records of the
recipient that are pertinent to this Grant. The Secretary may require that an
appropriate audit be conducted by a recipient. In any case in which an
independent audit is made of the accounts of a sponsor relating to the
disposition of the proceeds of a Grant or relating to the project in connection
with which this Grant was given or used, it shall file a certified copy of such
audit with the Comptroller General of the United States not later than six (6)
months following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under
this Grant Agreement which involve labor, provisions establishing minimum rates of wages,
to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and
3147, Public Building, Property, and Works), which contractors shall pay to skilled and
unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall
be included in proposals or bids for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement
which involve labor, such provisions as are necessary to insure that, in the employment of
labor (except in executive, administrative, and supervisory positions), preference shall be
given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans,
disabled veterans, and small business concerns owned and controlled by disabled veterans
as defined in 49 U.S.C. § 47112. However, this preference shall apply only where the
individuals are available and qualified to perform the work to which the employment
relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the
Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary
prior to commencement of site preparation, construction, or other performance under this
Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant
Agreement. Any modification to the approved plans, specifications, and schedules shall also
be subject to approval of the Secretary, and incorporated into this Grant Agreement.
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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.
h. It understands and agrees that the Secretary's approval of this project grant or
the Secretary's approval of any planning material developed as part of this
grant does not constitute or imply any assurance or commitment on the part of
the Secretary to approve any pending or future application for a Federal airport
grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users
of the airport, other than facilities owned or controlled by the United States,
shall be operated at all times in a safe and serviceable condition and in
accordance with the minimum standards as may be required or prescribed by
applicable Federal, State and local agencies for maintenance and operation. It
will not cause or permit any activity or action thereon which would interfere
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with its use for airport purposes. It will suitably operate and maintain the
airport and all facilities thereon or connected therewith, with due regard to
climatic and flood conditions. Any proposal to temporarily close the airport for
non -aeronautical purposes must first be approved by the Secretary. In
furtherance of this assurance, the sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical
use of the airport. Nothing contained herein shall be construed to
require that the airport be operated for aeronautical use during
temporary periods when snow, flood, or other climatic conditions
interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it
owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight
altitudes) will be adequately cleared and protected by removing, lowering, relocating,
marking, or lighting or otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning
laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to
activities and purposes compatible with normal airport operations, including landing and
takeoff of aircraft. In addition, if the project is for noise compatibility program
implementation, it will not cause or permit any change in land use, within its jurisdiction,
that will reduce its compatibility, with respect to the airport, of the noise compatibility
program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities offering
services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporation to conduct
or to engage in any aeronautical activity for furnishing services to the public at
the airport, the sponsor will insert and enforce provisions requiring the
contractor to:
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1. Furnish said services on a reasonable, and not unjustly discriminatory,
basis to all users thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or
service, provided that the contractor may be allowed to make reasonable
and nondiscriminatory discounts, rebates, or other similar types of price
reductions to volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other fixed -
based operators making the same or similar uses of such airport and utilizing
the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use
any fixed -based operator that is authorized or permitted by the airport to serve
any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non -tenant, or
subtenant of another air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations, conditions,
rates, fees, rentals, and other charges with respect to facilities directly and
substantially related to providing air transportation as are applicable to all such
air carriers which make similar use of such airport and utilize similar facilities,
subject to reasonable classifications such as tenants or non -tenants and
signatory carriers and non -signatory carriers. Classification or status as tenant
or signatory shall not be unreasonably withheld by any airport provided an air
carrier assumes obligations substantially similar to those already imposed on
air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any
person, firm, or corporation operating aircraft on the airport from performing
any services on its own aircraft with its own employees (including, but not
limited to maintenance, repair, and fueling) that it may choose to perform.
In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor under
these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory,
conditions to be met by all users of the airport as may be necessary for the safe
and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical
use of the airport if such action is necessary for the safe operation of the
airport or necessary to serve the civil aviation needs of the public.
g•
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
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providing of the services at an airport by a single fixed -based operator shall not be
construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one
fixed -based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement
between such single fixed -based operator and such airport. It further agrees
that it will not, either directly or indirectly, grant or permit any person, firm, or
corporation, the exclusive right at the airport to conduct any aeronautical
activities, including, but not limited to charter flights, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting, aerial advertising and
surveying, air carrier operations, aircraft sales and services, sale of aviation
petroleum products whether or not conducted in conjunction with other
aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts,
and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will
terminate any exclusive right to conduct an aeronautical activity now existing
at such an airport before the grant of any assistance under Title 49, United
States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which
will make the airport as self-sustaining as possible under the circumstances existing at the
particular airport, taking into account such factors as the volume of traffic and economy of
collection. No part of the Federal share of an airport development, airport planning or noise
compatibility project for which a Grant is made under Title 49, United States Code, the
Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and
Airway Development Act of 1970 shall be included in the rate basis in establishing fees,
rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or
operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and
which are directly and substantially related to the actual air transportation of
passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before
September 3, 1982, by the owner or operator of the airport, or
provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operator's financing, provide for
the use of the revenues from any of the airport owner or
operator's facilities, including the airport, to support not only the
airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all
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revenues generated by the airport (and, in the case of a public
airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a
public sponsor and provides funding for any portion of the public
sponsor's acquisition of land, this limitation on the use of all
revenues generated by the sale shall not apply to certain proceeds
from the sale. This is conditioned on repayment to the Secretary
by the private owner of an amount equal to the remaining
unamortized portion (amortized over a 20-year period) of any
airport improvement grant made to the private owner for any
purpose other than land acquisition on or after October 1, 1996,
plus an amount equal to the federal share of the current fair
market value of any land acquired with an airport improvement
grant made to that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction,
production, lease, or other means at a general aviation airport (as
defined at 49 U.S.C. § 47102), if the FAA determines the airport
sponsor meets the requirements set forth in Section 813 of Public
Law 112-95
b. As part of the annual audit required under the Single Audit Act of 1984, the
sponsor will direct that the audit will review, and the resulting audit report will
provide an opinion concerning, the use of airport revenue and taxes in
paragraph (a), and indicating whether funds paid or transferred to the owner
or operator are paid or transferred in a manner consistent with Title 49, United
States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of 49 U.S.C. § 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports
as the Secretary may reasonably request and make such reports available to
the public; make available to the public at reasonable times and places a report
of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and use
agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating
to the project and continued compliance with the terms, conditions, and
assurances of this Grant Agreement including deeds, leases, agreements,
regulations, and other instruments, available for inspection by any duly
authorized agent of the Secretary upon reasonable request; and
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d. in a format and time prescribed by the Secretary, provide to the Secretary and
make available to the public following each of its fiscal years, an annual report
listing in detail:
1. all amounts paid by the airport to any other unit of government
and the purposes for which each such payment was made; and
2. all services and property provided by the airport to other units of
government and the amount of compensation received for
provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff of aircraft to the United States for
use by Government aircraft in common with other aircraft at all times without charge,
except, if the use by Government aircraft is substantial, charge may be made for a
reasonable share, proportional to such use, for the cost of operating and maintaining the
facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the
sponsor and the using agency, substantial use of an airport by Government aircraft will be
considered to exist when operations of such aircraft are in excess of those which, in the
opinion of the Secretary, would unduly interfere with use of the landing areas by other
authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on
land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five million
pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air
traffic control or air navigation activities, or weather -reporting and communication
activities related to air traffic control, any areas of land or water, or estate therein as the
Secretary considers necessary or desirable for construction, operation, and maintenance at
Federal expense of space or facilities for such purposes. Such areas or any portion thereof
will be made available as provided herein within four months after receipt of a written
request from the Secretary.
29. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section
163, it will keep up to date at all times an airport layout plan of the airport
showing:
1. boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or
controlled by the sponsor for airport purposes and proposed
additions thereto;
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2. the location and nature of all existing and proposed airport
facilities and structures (such as runways, taxiways, aprons,
terminal buildings, hangars and roads), including all proposed
extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non -aviation areas and of
all existing improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across
the airport's property boundary.
Such airport layout plans and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which approval shall
be evidenced by the signature of a duly authorized representative of the
Secretary on the face of the airport layout plan. The sponsor will not make or
permit any changes or alterations in the airport or any of its facilities which are
not in conformity with the airport layout plan as approved by the Secretary and
which might, in the opinion of the Secretary, adversely affect the safety, utility
or efficiency of the airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section
163, if a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety, utility, or efficiency of any
federally owned, leased, or funded property on or off the airport and which is
not in conformity with the airport layout plan as approved by the Secretary, the
owner or operator will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the
Secretary; or
2. bear all costs of relocating such property (or replacement thereof)
to a site acceptable to the Secretary and all costs of restoring such
property (or replacement thereof) to the level of safety, utility,
efficiency, and cost of operation existing before the unapproved
change in the airport or its facilities except in the case of a
relocation or replacement of an existing airport facility due to a
change in the Secretary's design standards beyond the control of
the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States
shall, on the grounds of race, color, and national origin (including limited English
proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78
Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4); creed and sex (including sexual orientation and
gender identity) per 49 U.S.C. § 47123 and related requirements; age per the Age
Discrimination Act of 1975 and related requirements; or disability per the Americans with
Disabilities Act of 1990 and related requirements, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination in any program and
activity conducted with, or benefiting from, funds received from this Grant.
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a. Using the definitions of activity, facility, and program as found and defined in
49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs,
operate all facilities, or conduct all programs in compliance with all non-
discrimination requirements imposed by or pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or
other federal assistance) for any of the sponsor's program or
activities, these requirements extend to all of the sponsor's
programs and activities.
2. Facilities. Where it receives a grant or other federal financial
assistance to construct, expand, renovate, remodel, alter, or
acquire a facility, or part of a facility, the assurance extends to the
entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other
Federal financial assistance in the form of, or for the acquisition of
real property or an interest in real property, the assurance will
extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during
which Federal financial assistance is extended to the program, except where
the Federal financial assistance is to provide, or is in the form of, personal
property, or real property, or interest therein, or structures or improvements
thereon, in which case the assurance obligates the sponsor, or any transferee
for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose
involving the provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the
property.
d. Required Solicitation Language. It will include the following notification in all
solicitations for bids, Requests For Proposals for work, or material under this
Grant Agreement and in all proposals for agreements, including airport
concessions, regardless of funding source:
"The (City of Yakima), in accordance with the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders or offerors that it will affirmatively
ensure that for any contract entered into pursuant to this advertisement,
[select businesses, or disadvantaged business enterprises or airport concession
disadvantaged business enterprises] will be afforded full and fair opportunity
to submit bids in response to this invitation and no businesses will be
discriminated against on the grounds of race, color, national origin (including
limited English proficiency), creed, sex (including sexual orientation and gender
identity), age, or disability in consideration for an award."
e. Required Contract Provisions.
Airport Sponsor Assurances 5/2022
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3-53-0089-054-2023
1. It will insert the non-discrimination contract clauses requiring
compliance with the acts and regulations relative to non-
discrimination in Federally -assisted programs of the Department of
Transportation (DOT), and incorporating the acts and regulations
into the contracts by reference in every contract or agreement
subject to the non-discrimination in Federally -assisted programs of
the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities
in every contract that is subject to the non-discrimination acts and
regulations.
3. It will insert non-discrimination contract clauses as a covenant
running with the land, in any deed from the United States effecting
or recording a transfer of real property, structures, use, or
improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting
discrimination on the basis of race, color, national origin (including
limited English proficiency), creed, sex (including sexual
orientation and gender identity), age, or disability as a covenant
running with the land, in any future deeds, leases, license, permits,
or similar instruments entered into by the sponsor with other
parties:
a. For the subsequent transfer of real property acquired
or improved under the applicable activity, project, or
program; and
b. For the construction or use of, or access to, space on,
over, or under real property acquired or improved
under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found
by the Secretary to give reasonable guarantee that it, other recipients, sub -
recipients, sub -grantees, contractors, subcontractors, consultants, transferees,
successors in interest, and other participants of Federal financial assistance
under such program will comply with all requirements imposed or pursuant to
the acts, the regulations, and this assurance.
g•
It agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
including land serving as a noise buffer, it will dispose of the land, when the
land is no longer needed for such purposes, at fair market value, at the earliest
practicable time. That portion of the proceeds of such disposition which is
proportionate to the United States' share of acquisition of such land will be, at
the discretion of the Secretary, (1) reinvested in another project at the airport,
or (2) transferred to another eligible airport as prescribed by the Secretary. The
Secretary shall give preference to the following, in descending order:
Airport Sponsor Assurances 5/2022
Page 17 of 21
3-53-0089-054-2023
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant
funding under 49 U.S.C. § 47117(e);
3. Reinvestment in an approved airport development project that is
eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or
47117
4. Transfer to an eligible sponsor of another public airport to be
reinvested in an approved noise compatibility project at that
airport; or
5. Payment to the Secretary for deposit in the Airport and Airway
Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair
market value and consistent with noise buffering purposes, the lease will not
be considered a disposal of the land. Revenues derived from such a lease may
be used for an approved airport development project that would otherwise be
eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other
than noise compatibility), it will, when the land is no longer needed for airport
purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States' proportionate share of the fair
market value of the land. That portion of the proceeds of such disposition
which is proportionate to the United States' share of the cost of acquisition of
such land will, upon application to the Secretary, be reinvested or transferred
to another eligible airport as prescribed by the Secretary. The Secretary shall
give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant
funding under 49 U.S.C. § 47117(e);
3. Reinvestment in an approved airport development project that is
eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or
47117
4. Transfer to an eligible sponsor of another public airport to be
reinvested in an approved noise compatibility project at that
airport; or
5. Payment to the Secretary for deposit in the Airport and Airway
Trust Fund.
c. Land shall be considered to be needed for airport purposes under this
assurance if (1) it may be needed for aeronautical purposes (including runway
protection zones) or serve as noise buffer land, and (2) the revenue from
interim uses of such land contributes to the financial self-sufficiency of the
airport. Further, land purchased with a grant received by an airport operator or
owner before December 31, 1987, will be considered to be needed for airport
Airport Sponsor Assurances 5/2022
Page 18 of 21
3-53-0089-054-2023
purposes if the Secretary or Federal agency making such grant before
December 31, 1987, was notified by the operator or owner of the uses of such
land, did not object to such use, and the land continues to be used for that
purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such land
will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of
Title 49 U.S.C., it will award each contract, or sub -contract for program management,
construction management, planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying, mapping or related services in the
same manner as a contract for architectural and engineering services is negotiated under
Chapter 11 of Title 40 U.S.C., or an equivalent qualifications -based requirement prescribed
for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses
any product or service of a foreign country during the period in which such foreign country
is listed by the United States Trade Representative as denying fair and equitable market
opportunities for products and suppliers of the United States in procurement and
construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in
accordance with policies, standards, and specifications approved by the Secretary including,
but not limited to, current FAA Advisory Circulars
(https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf) for AIP projects as of July 1,
2023.
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable
under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24
and will pay or reimburse property owners for necessary expenses as specified
in Subpart B.
b. It will provide a relocation assistance program offering the services described in
Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and
assistance to displaced persons as required in Subpart D and E of 49 CFR Part
24.
c. It will make available within a reasonable period of time prior to displacement,
comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
Airport Sponsor Assurances 5/2022 Page 19 of 21
3-53-0089-054-2023
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity
buses or other modes of transportation to have access to the airport; however, it has no
obligation to fund special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the
award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the
award and performance of any concession activity contract covered by 49 CFR Part 23. In
addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex
in the administration of its Disadvantaged Business Enterprise (DBE) and Airport
Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of
49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49
CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -
assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as
required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference
in this agreement. Implementation of these programs is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification to the
sponsor of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies
Act of 1986 (31 U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to
be constructed at the airport for the aircraft at the aircraft owner's expense, the airport
owner or operator will grant to the aircraft owner for the hangar a long term lease that is
subject to such terms and conditions on the hangar as the airport owner or operator may
impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in
49 U.S.C. § 47102) has been unable to accommodate one or more requests by
an air carrier for access to gates or other facilities at that airport in order to
allow the air carrier to provide service to the airport or to expand service at the
airport, the airport owner or operator shall transmit a report to the Secretary
that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be
accommodated; and
3. Provides a time frame within which, if any, the airport will be able
to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the
airport has been unable to accommodate the request(s) in the six month
period prior to the applicable due date.
Airport Sponsor Assurances 5/2022 Page 20 of 21
3-53-0089-054-2023
Airport Sponsor Assurances 5/2022
Page 21 of 21
Final Audit Report
4-2S2, rant
2023-07-21
Created: 2023-07-12
By: FAA - AIP (9-AWA-ARP-Soar-CoreGroup@faa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAPFSOKF82SK8jw04KrGTyfOMITr1hfpEk
"YKM-NMG-3-53-0089-054-2023-Grant Agreement" History
Document created by FAA - AIP (9-AWA-ARP-Soar-CoreGroup@faa.gov)
2023-07-12 - 9:19:37 PM GMT- IP address: 155.178.180.12
Document emailed to Warren Ferrell (warren.ferrell@faa.gov) for signature
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c.'5Document e-signed by Warren Ferrell (warren.ferrell@faa.gov)
Signature Date: 2023-07-12 - 9:56:36 PM GMT - Time Source: server- IP address: 162.58.82.135
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c' Signer bob.harrison@yakimawa.gov entered name at signing as Robert W. Harrison
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C Document e-signed by Robert W. Harrison (bob.harrison@yakimawa.gov)
Signature Date: 2023-07-21 - 7:17:53 PM GMT - Time Source: server- IP address: 205.172.45.253
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