HomeMy WebLinkAboutR-2010-089 Grant Application for Yakima Air Terminal 3-53-0089-31A JOLNT RESOLUTION OF THE CITY )
OF YAKIMA AND YAKIMA COUNTY )
AUTHORIZING THE SUBMITTAL )
AND SIGNING OF APPLICATION FOR )
AIP 3-53-0089-31 AS REQUESTED )
BY ATTACHED RESO YAT-R-2010-020)
CITY RESOLUTION NO. R-2010-89
COUNTY RESOLUTION 237-:010
WHEREAS, the City of Yakima ("City") and Yakima County ("County") are co-owners
of the Yakima Air Terminal; and
WHEREAS, the Yakima Air Terminal Board requested authority to make appli ration for
federal assistance and standard DOT Title VI Assurances, and authorizing execution anc
acceptance of a Grant Agreement ALP 3-53-0089-31 ($2,760,393) for Federal Assistanc: and
Certificate of Sponsor's Attorney between the Federal Aviation Administration. the Cts of
Yakima and Yakima County for the Runway 09/27 Rehabilitation project;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA that
tie Yakima Air Terminal Manager is authorized to sign above referenced application.
ADOPTED BY THE CITY COUNCIL this 6thday of July , 2010.
Micah Cawley, Mayor, City of Yak= a
ATTEST Debora -17W Kloster, City Clerk
BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY
COMIMISSIONERS that the Yakima Air Terminal Manager is authorized to sig:; above
referenced application.
DONE this 29th day of June 2010.
BOARD OF YAKIMA COUNTY COM MISS] OrERS
Michael D. Leita, Chairman
EXCUSED
Attest. Kevin Bouchey, Commissioner
+'moi
.4 416
Chris.na Steiner; Clerk of the Board J. d Elliott, Commissioner
C using the Board of Yakima County Commissioners
for Yakima Courr], Washington
U.S. Department of Transportation
Federal Aviation Administration
Q-zo)a-e9
Page 1 of 7 pages
Date of Offer:
Grant Agreement
Part 1 - Offer
July 7, 2010
Yakima Air Terminal/McAllister Field Airport
Yakima, Washington
Project Number: 3-53-0089-031
Contract Number: DOT-FA10NM-0035
DUNS Number: 17-543-4471
To: Yakima County and City of Yakima, Washington (herein called the "Sponsor")
From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 25, 2010, for a grant of Federal
funds for a project at or associated with the Yakima Air Terminal/McAllister Field Airport, which Project Application,
3s approved by the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following:
Rehabilitate Runway 9/27, including grooving (Phase 2) construction; Install/relocate Runway End Identifier
Lights (REILs) Runway 4 (Phase 2) construction;
311 as more particularly described in the Project Application.
=AA Form 5100-37 PG 1 (10-89)
Page 2 of 7 pages
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code,
and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in
said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the
United States and the public from the accomplishment of the Project and compliance with the assurances and
conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE
UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs
incurred in accomplishing the Project, ninety-five (95) percentum of all allowable Project costs,
This Offer is made on and subject to the following terms and conditions:
Conditions
1 The maximum obligation of the United States payable under this Offer shall be: $2,622,373.00. For the
purposes of any future grant amendments which may increase the foregoing maximum obligation of the
United States under the provisions of Section 47108(b) of the Act, the following amounts are being
specified for this purpose:
$0.00 for planning
$2,622,373.00 for airport development or noise program implementation
2 The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for
consideration as to allowability under the provisions of the Act.
3 Payment of the United States' share of the allowable project costs will be made pursuant to and in
accordance with the provisions of such regulations and procedures as the Secretary shall prescribe.
Final determination of the United States' share will be based upon the final audit of the total amount of
allowable project costs and settlement will be made for any upward or downward adjustments to the
Federal share of costs.
4 The Sponsor shall carry out and complete the Project without undue delays and in accordance with the
terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to
comply with the assurances which were made part of the project application.
5 The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the
Sponsor.
6 This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the
project unless this Offer has been accepted by the Sponsor on or before July 23, 2010, or such
subsequent date as may be prescribed in writing by the FAA.
FAA Form 5100-37 PG 2 (10-89)
Page 3 of 7 pages
7 The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in
any project upon which Federal funds have been expended. For the purposes of this grant agreement
the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally
paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary
as to any determination of the amount of the Federal share of such funds. It shall return the recovered
Federal share, including funds recovered by settlement, order, or judgment to the Secretary. It shall
furnish upon request, all documents and records pertaining to the determination of the amount of the
Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds.
All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of
such Federal share shall be approved in advance by the Secretary.
8 The United States shall not be responsible or liable for damage to property.or injury to persons which
may arise from, or be incident to, compliance with this grant agreement.
9 Trafficking in persons:
a. Provisions applicable to a recipient that is a private entity.
1 You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not —
i. Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2 We as the Federal awarding agency may unilaterally terminate this award, without penalty, if
you or a subreceipient that is a private entity — •
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award
to have violated a prohibition in paragraph a.1 of this award term through conduct that is
either ---
A. Associated with performance under this award; or
B. Imputed to your or the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement)," as implemented by our agency at 49 CFR Part 29.
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding
agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity
1 Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2 Has an employee who is determined by the agency official authorized to terminate the award to
have violated an applicable prohibition in paragraph a.1 of this award term through conduct that
is either —
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards -and due process for imputing the conduct of
an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to
Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by our agency at 49 CFR Part 29.
c. Provisions applicable to any recipient.
1 You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a.1 of this award term?
:AA Form 5100-37 PG 3 (10-89)
d.
Page 4 of 7 pages
2 Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. 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
award.
3 You must include the requirements of paragraph a.1 of this award term in any subaward you
make to a private entity.
Definitions. For purposes of this award term:
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 award; or
ii. Another person engaged in the performance of the project or -program under this award and
not compensated by you including, but not limited to, a Volunteer or individual whose
services are contributed by a third party as an in-kind contribution toward cost sharing or
matching requirements.
2 "Forced labor" means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through the
use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage,
debt bondage, or slavery.
3 "Private entity":
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 institution of higher education, hospital,
or tribal organization other than one included in the definition of Indian tribe at 2 CFR
B. A for-profit organization.
4 "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the
meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
Special Conditions
10 It is mutually understood and agreed that if, during the life of the project, the FAA determines that the
maximum grant obligation of the United States exceeds the expected needs of the Sponsor the
maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of
the budget change. 'Conversely, if there is an overrun in the total actual eligible and allowable project
costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the
overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the
increase. It is further understood and agreed that if, during the life of the project, the FAA determines
that a change in the grant description is advantageous and in the best interests of the United States,
the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of
the aforementioned letter, either the grant obligation of the United States is adjusted to the amount
specified or the grant description is amended to the description specified.
11 The Sponsor agrees to perform the following:
a. Furnish a construction management program to FAA prior to the start of construction which shall
detail the measures and procedures to be used to comply with the quality control provisions of the
construction contract, including, but not limited to, all quality control provisions and tests required by
the Federal specifications. The program shall.include as a minimum:
FAA Form 5100-37 PG 4 (10-89)
Page 5 of 7 pages
1 The name of the person representing the Sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with the
contract.
2 Names of testing laboratories and consulting engineer firms with quality control responsibilities
on the project, together with a description of the services to be provided.
3 Procedures for determining that testing laboratories meet the requirements of the American
Society of Testing and Materials standards on laboratory evaluation, referenced in the contract
specifications (D 3666, C 1077).
4 Qualifications of engineering supervision and construction inspection personnel.
5 A listing of all tests required by the contract specifications, including the type and frequency of
tests to be taken, the method of sampling, the applicable test standard, and the acceptance
criteria or tolerances permitted for each type of test.
6 Procedures for ensuring that the tests are taken in accordance with the program, that they are
documented daily, and that the proper corrective actions, where necessary are undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the results of
all tests performed, highlighting those tests that failed or did not meet the applicable test standard.
The report shall include the pay reductions applied and reasons for accepting any out -of -tolerance
material. An interim test and quality control report shall be submitted, if requested by the FAA.
c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests,
shall, absent any compelling justification, result in a reduction in Federal participation for costs
incurred in connection with construction of the applicable pavement. Such reduction shall be at the
discretion of the FAA and will be based on the type or types of required tests not performed or not
documented and will be commensurate with the proportion of applicable pavement with respect to
the total pavement constructed under the grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant
payments accordingly if such independent tests determine that sponsor test results are inaccurate.
12 It is understood and agreed that Yakima County, Washington and the City of Yakima, Washington
authorized the execution of_the Application for Federal Assistance dated June 25, 2010 and Standard
DOT Title VI Assurances dated June 24, 2010, on their behalf by Michael Redmond Airport Manager,
and that they jointly and severally adopted and ratified the representations and assurances contained
therein; and that the word "Sponsor" as used in the project application and other assurances is deemed
to include Yakima County, Washington and the City of Yakima, Washington.
13 Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the United States to be
used for any project for airport development or noise compatibility for which funds are provided under
this grant. The Sponsor will include in every contract a provision implementing this special condition.
14 The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its
disbursements and to timely reporting of such disbursements as required: It is understood that failure
to adhere to this provision may cause the letter of credit to be revoked.
15 The Sponsor must provide for the continuous operation and maintenance of any navigational aid
funded under the AIP during the useful life of the equipment and check the facility prior to its
commissioning to assure it meets the operational standards. The sponsor must also remove, relocate,
or lower each obstruction on the approach to provide for the adequate lighting or marking of the
obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable,
and mark and Tight the runway, as appropriate. The FAA will not take over the ownership, operation, or
maintenance of any Sponsor -acquired equipment.
Page 6 of 7 pages
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein
shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and
Acceptance shall comprise a Grant Agreement, as provided by the Act constituting the contractual obligations and
rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with
the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the
Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
By..../. ./
C of Suomi, M
Part II - Acceptance
Seattle Airports District Office
The ,Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and
agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and
does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this
Offer and in the Project Application.
Executed this day of
(SEAL)
, 2010
Yakima County, Washington
:may•,•
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•
0:-L7-/' ,�//� ,iiii Imo'
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Attest:
Title: No, 4^ t
eti,h1, _oc -
UU
--- .2.„k) - )10 CERTIFICATE OF SPONSOR'S ATTORNEY
I, ..... .-ekte , ....... ()S. l
, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the
State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said
Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all
respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants
involving projects to be carried out ori property not owned by the Sponsor, there are no legal impediments that will
prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal
and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at lt 4447. V ci . /// thisda .la.y , 2010
Sponsor's Designated Official Representative
Title:
A A r__..... CA/1r, •, , r. i1 r+ ,A”
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Signature of Sponsor's Attorney
Page 7 of 7 pages
Part 11 - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations,. warranties, covenants, and
agree-ments contained in the Project Application and incorporated materials referred to in the foregoing Offer and
does hereby accept this Offer and by. such acceptance agrees to comply with all of the terms and conditions in this
Offer and in the Project Application.
Executed this
(SEAL)
By
, i��C�J CITY CONTRACT NO:
Attest: '"���— UC/G��"// ��__ RESOLUTION NO:vIU
Title: ,u, �r�/ CA/LA(..
CERTIFICATE OF SPONSOR'S ATTORNEY
Clef('
f(
, 2010
City of Yakima, Washington
Sponsor's Desi ted Official Representative
Title: R. A. Zais, Jr., City Manager
, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the
State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said
Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all
respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants
involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will
prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal
and binding obligation of the Sponsor in accordance with the terms thereof.
Dated at � � 14. this 8 day of ... j;) , 2010
12//e
Signature of Sponsor's Attorney
FAA Form 5100-37 PCS 7 f 1 f1-Rql
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4E1-2-
For
Et2-
For Meeting Of July 1, 2010
ITEM TITLE: Resolution authorizing application for federal assistance and standard DOT
Title VI Assurances, and authorizing execution and acceptance of a Grant
Agreement for AIP 3-53-0089-31 for Federal Assistance and Certificate of
Sponsor's Attorney between the Federal Aviation Administration, the City of
Yakima and Yakima County
SUBMITTED BY: Kris Yalovich, Administrator - Security, Leases, Projects, Yakima Air
Terminal
CONTACT PERSON/TELEPHONE: Kris Yalovich, 575-6149
SUMMARY EXPLANATION: This grant being awarded to the City of Yakima and Yakima
County for projects at the Yakima Air Terminal -McAllister. Field is as follows:
AIP 31 - Runway 9/27 Rehabilitation and REIL's Relocation (RW4) Project -- Construction
Resolution X Ordinance Other (Specify)
Contract
Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
RESOLUTION NO. YAT-R-2010-020
A RESOLUTION authorizing application for federal assistance and standard DOT Title VI
Assurances, and authorizing execution and acceptance of a Grant Agreement A/P 3-53-0089-
31 for Federal Assistance and Certificate of Sponsor's Attorney between the Federal Aviation
Administration, the City of .Yakima and Yakima County for the Runway 09/27 Rehabilitation
project.
WHEREAS, the Yakima Air Terminal Board of Directors ("Board") operates the Yakima Air
Terminal ("YAT") under the authority granted by the Joint Operations Agreement signed by the
City and County of Yakima, Washington on July 1, 1982; and,
BE IT RESOLVED BY THE BOARD FOR THE YAKIMA AIR TERMINAL:
The YAT Airport Manager is authorized to sign the application for $2,760,393.
Project contingent on the following:
a. FAA Concurrence;
b. Completion of and FAA acceptance of an Independent Estimate; and,
c. Grant Offer by the FAA and grant approval by YAT Board and grant acceptance by
Yakima City and County.
ADOPTED BY THE BOARD this 471 day of (I', ,: , 2010.
r//i,6(/),,,)).-
William Wheeler, Chairman