HomeMy WebLinkAbout04-14-2022 City Council AgendaCity Council Meeting
April 18, 2022 - 7:00 PM
City Hall Council Chambers and Virtual
AGENDA
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hours after the meeting has concluded.
I.CALL TO ORDER
II.PUBLIC PARTICIPATION
1.Public Participation
The Auburn City Council Meeting scheduled for Monday, April 18, 2022 at 7:00
p.m. will be held in person and virtually.
Virtual Participation Link:
To attend the meeting virtually please click one of the below links, enter the
meeting ID into the Zoom app, or call into the meeting at the phone number listed
below. The link to the Virtual Meeting is:
Zoom: https://us06web.zoom.us/j/81463223855
The public can also view the meeting on YouTube:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To join the meeting by phone, please use the below call-in information:
253 215 8782
877 853 5257 (Toll Free)
Webinar ID: 814 6322 3855
A.Pledge of Allegiance
B.Roll Call
III.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTAT IONS
IV.APPOINTMENTS
A.Transportation Advisory Board Appointment
City Council to confirm the appointment of Patricia Larson to the Transportation
Advisory Board, serving as the Senior Citizen representative, for a three year term
expiring December 31, 2024.
Page 1 of 92
(RECOMMENDED ACTION: Move to approve the appointment to the
Transportation Advisory Board for a three year term to expire on December 31,
2024.)
V.AGENDA MODIFICATIONS
VI.CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE
A.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.The public can participate in-person or submit written
comments in advance.
The public can provide comments in-person or submit written comments in
advance of the scheduled meeting. Participants can submit written comments via
mail, fax, or email. All written comments must be received prior to 5:00 p.m. on the
day of the scheduled meeting and must be 350 words or less.
Please mail written comments to:
City of Auburn
Attn: Shawn Campbell, City Clerk
25 W Main St
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
Fax number: 253-804-3116
Email written comments to:
publiccomment@auburnwa.gov
If an individual requires an accommodation to allow for remote oral comment
because of a difficulty attending a meeting of the governing body, the City
requests notice of the need for accommodation by 5:00 p.m. on the day of the
scheduled meeting. Participants can request an accommodation to be able to
provide remote oral comment by contacting the City Clerk’s Office in person, by
phone (253) 931-3039, or email to publiccomment@auburnwa.gov
B.Correspondence - (T here is no correspondence for Council review.)
VII.COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.Finance Ad Hoc Committee (Chair Baggett)
2.Preservation Funding (Chair Stearns)
Page 2 of 92
VIII.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A.Minutes of the April 4, 2022 Regular City Council Meeting
B.Claims Vouchers (Thomas)
Claims voucher list dated April 18, 2022 which includes voucher numbers 467482
through 467651, in the amount of $3,675,709.39 and three wire transfers in the amount
of $617,336.04
C.Payroll Vouchers (Thomas)
Payroll check numbers 539350 through 539356 in the amount of $82,925.15,
electronic deposit transmissions in the amount of $2,489,159.11 also a special payroll
for Police Non Commissioned Retention Bonuses with electronic deposit transmission
in the amount of $50,174.54 for a grand total of $2,622,258.80 for the period covering
March 31, 2022 to April 13, 2022
D.Setting the Date for Public Hearing for MCI Communications
Services, LLC Franchise Agreement (Gaub)
City Council to set date for Public Hearing for Franchise Agreement No. FRN21-0005
for MCI Communications Services, LLC Telecommunications Franchise
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
IX.UNFINISHED BUSINESS
X.NEW BUSINESS
XI.RESOLUTIONS
A.Resolution No. 5658 (Tate)
A Resolution expressing intent to explore annexation of certain real property located
within the City of Kent, commonly referred to as the Bridges, pursuant to RCW
35.10.217
(RECOMMENDED ACTION: Move to adopt Resolution No. 5658.)
B.Resolution No. 5661 (Travis)
A Resolution ratifying the Mayor’s execution of an amendment to the interlocal
agreement between the City of Auburn and the City of Pacific for Information
Technology Services
(RECOMMENDED ACTION: Move to adopt Resolution No. 5661.)
C.Resolution No. 5662 (Gaub)
A Resolution authorizing three grant agreements with the Federal Aviation
Administration for Project No. CP2213, Runway and Taxiway Improvements and
Runway Safety Area
(RECOMMENDED ACTION: Move to adopt Resolution No. 5662.)
Page 3 of 92
XII.MAYOR AND COUNCILMEMBER REPORT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A.From the Council
B.From the Mayor
XIII.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 92
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the April 4, 2022 Regular City Council Meeting
Date:
April 14, 2022
Department:
Administration
Attachments:
04-04-2022 City Council Meeting Meetings
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Background for Motion:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:April 18, 2022 Item Number:CA.A
Page 5 of 92
City Council Meeting
April 4, 2022 - 7:00 PM
City Hall Council Chambers and Virtual
MINUTES
Watch the meeting LIVE!
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I.CALL TO ORDER
II.PUBLIC PARTICIPATION
1.Public Participation
The City Council Meeting was held in person and virtually.
A.Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street and led those
in attendance in the Pledge of Allegiance.
B.Roll Call
Councilmembers present: Councilmember Baggett, Councilmember
Mulenga, Councilmember Stearns, Councilmember Trout-Manuel.
Deputy Mayor Jeyaraj, Councilmember Baldwin, and Councilmember
Brown were excused.
Department directors and staff members present include: City Attorney
Kendra Comeau, Chief of Police Mark Caillier, Director of Administration
Dana Hinman, Director of Community Development Jeff Tate, Director of
Finance Jamie Thomas, Commander David Colglazier, Director of Parks,
Arts and Recreation Daryl Faber Business, Director of Innovation and
Technology David Travis, Systems Analyst Chrissy Malave and Deputy
City Clerk Hannah Scholl.
III.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTAT IONS
Mayor Backus made a Land Acknowledgment to the Muckleshoot Indian
Tribe.
A.Proclamation - Sexual Assault Awareness Month
Mayor Backus to proclaim April 2022 as "Sexual Assault Awareness Month" in the City
of Auburn
Mayor Backus read and proclaimed April 2022 as "Sexual Assault
Page 1 of 6Page 6 of 92
Awareness Month" in the City of Auburn.
Karen Cope, Paraeducator with King County Sexual Assault Resource
Center accepted the proclamation. She thanked the Mayor and City for
their support.
B.Proclamation - National Public Safety Telecommunicators
Week
Mayor Backus to proclaim April 10-16, 2022 as "National Public Telecommunicators
Week" in the City of Auburn
Mayor Backus read and proclaimed the week of April 10, 2022 as "National
Public Safety Telecommunicators Week" in the City of Auburn.
C.Proclamation - Sikh Heritage Day
Mayor Backus to proclaim April 14, 2022 as "Sikh Heritage Day" in the City of Auburn
Mayor Backus read and proclaimed April 14, 2022 as "National Sikh
Heritage Day" and April 2022 as "National Sikh Heritage Month" in the City
of Auburn.
D.Proclamation - Arbor Day
Mayor Backus to proclaim April 19, 2022 as "Arbor Day" in the City of Auburn
Mayor Backus read and proclaimed April 19, 2022 as "Arbor Day" in the
City of Auburn.
Director Faber accepted the proclamation and encouraged the community
to come out to the Tulip Tree Planting event on April 19th.
IV.APPOINTMENTS
A.Reappointments to Boards & Commissions
City Council to reappoint Mike Harbin to the Transportation Advisory Board to serve a
new three year term expiring December 31, 2024.
Councilmember Trout-Manuel moved and Councilmember Baggett
seconded to reappoint Mike Harbin to a three year term to expire on
December 31, 2024.
MOTION CARRIED UNANIMOUSLY. 4-0
B.Junior City Council Appointment
City Council to confirm the appointment of Savannah Lueck to the Junior City Council
for a two year term to expire August 31, 2023.
Councilmember Baggett moved and Councilmember Stearns seconded to
appoint Savannah Lueck to a two year term to expire on August 31, 2023.
MOTION CARRIED UNANIMOUSLY. 4-0
Page 2 of 6Page 7 of 92
V.AGENDA MODIFICATIONS
New Business was added to the agenda.
VI.CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE
A.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.The public can participate in-person or submit written
comments in advance of the scheduled meeting.
Paul Smith 12910 SE 240th St. Kent
Mr. Smith expressed his concerns related to Veterans Memorial Wall.
Bob Zimmerman 33029 46th PL S Auburn
Mr. Zimmerman expressed his concerns about the code violations in
his neighborhood.
Virginia Haugen 2503 R ST SE Auburn
Ms. Haugen expressed her concerns about masks and vaccinations.
Waylon Menzia 719 R St NE Auburn
Mr. Menzia expressed his appreciation for the City's response during
the pandemic and for the proclamations.
Written comments were received by Ron Seltun regarding concerns
with Waste Management.
B.Correspondence
There was no correspondence for Council to review.
VII.COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.Finance Ad Hoc Committee (Chair Baggett)
Councilmember Baggett, Chair of the Finance ad hoc committee,
reported he and Councilmember Baldwin have reviewed the claims
and payroll vouchers described on the agenda this evening and
recommended their approval.
Page 3 of 6Page 8 of 92
2.Preservation Funding (Chair Jeyaraj)
Councilmember Stearns, Chair of the Preservation Funding ad hoc
committee reported the committee met Thursday March 31st. They
discussed sources of funding for Street Preservation projects. The
committee will report back to Council April 25th, 2022.
VIII.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A.Minutes of the March 21, 2022 Regular City Council Meeting
B.Minutes of the March 14, 2022 and March 28, 2022 Study
Session Meetings
C.Claims Vouchers (Thomas)
Claims Voucher list dated April 4, 2022 which included voucher numbers 467341
through 467481, in the amount of $4,951,875.49, and six wire transfers in the amount
of $1,095,592.98
D.Payroll Voucher (Thomas)
Payroll check numbers 539345 through 539349 in the amount of $552,116.71,
electronic deposit transmissions in the amount of $2,209,451.33, for a grand total of
$2,761,568.04 for the period covering March 17, 2022 to March 30, 2022
E.Convert Grant-Funded Administrative Assistant from Part-Time
to Full-Time Limited Term Position
Councilmember Trout-Manuel moved and Councilmember Mulenga
seconded to approve the consent agenda.
MOTION CARRIED UNANIMOUSLY. 4-0
IX.UNFINISHED BUSINESS
There was no unfinished business.
A.New Business
Councilmember Trout-Manuel moved and Councilmember Baggett
seconded to suspend the categories “Other Discussion Items” and “New
Business” from the Study Session Agendas for the remainder of 2022 to
allow staff to study the impact of recently passed legislation involving the
OPMA.
MOTION CARRIED UNANIMOUSLY. 4-0
Page 4 of 6Page 9 of 92
X.ORDINANCES
A.Ordinance No. 6852 (Gaub)
An Ordinance authorizing Franchise Agreement No. FRN21-0006 for New Cingular
Wireless PCS, LLC
Councilmember Stearns moved and Councilmember Mulenga seconded
to adopt Ordinance No. 6852.
MOTION CARRIED UNANIMOUSLY. 4-0
B.Ordinance No. 6853 (Tate)
An Ordinance amending Section 14.22.060 of the Auburn City Code (ACC) to create
an exception to the Comprehensive Plan Amendment Process for Annexations
Councilmember Stearns moved and Councilmember Trout-Manuel
seconded to adopt Ordinance No. 6853.
MOTION CARRIED UNANIMOUSLY. 4-0
C.Ordinance No. 6856 (Caillier)
An Ordinance amending Section 10.36.268 of the Auburn City Code (ACC) related to
vehicle parking for persons with disabilities
Councilmember Mulenga moved and Councilmember Trout-Manuel
seconded to adopt Ordinance No. 6856.
MOTION CARRIED UNANIMOUSLY. 4-0
XI.RESOLUTIONS
A.Resolution No. 5659 (Faber)
A Resolution authorizing submission of a grant application to the Washington State
Historical Society for grant funding for Phase Two of the Auburn Arts & Culture Center
Councilmember Stearns moved and Councilmember Baggett seconded to
adopt Resolution No. 5659.
MOTION CARRIED UNANIMOUSLY. 4-0
B.Resolution No. 5660 (Caillier)
A Resolution authorizing the Mayor to accept a grant award from the Washington
Association of Sheriffs and Police Chiefs for behavioral health support and suicide
prevention for law enforcement officers
Councilmember Trout-Manuel moved and Councilmember Mulenga
seconded to adopt Resolution No. 5660.
MOTION CARRIED UNANIMOUSLY. 4-0
Page 5 of 6Page 10 of 92
C.Resolution No. 5657 (Gaub)
A Resolution authorizing the Mayor to execute an agreement between the City of
Auburn and King County, Metro Transit Department relating to Safe Routes to Transit
Program Capital Improvements
Councilmember Stearns moved and Councilmember Baggett seconded to
adopt Resolution No. 5657.
MOTION CARRIED UNANIMOUSLY. 4-0
XII.MAYOR AND COUNCILMEMBER REPORT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A.From the Council
Councilmember Trout-Manuel reported she met with the Children and
Youth Advisory Board.
Councilmember Stearns reported he attended the signing of House Bill
1725 related to the Murdered and Missing Indigenous Women Task Force.
B.From the Mayor
Mayor Backus reported she attended the Regional Leadership Conference
for the Seattle Metropolitan Chamber, the Regional Policy Committee,
opening day for Little League at Auburn High School and the Noon Lions
annual dinner and auction.
XIII.ADJOURNMENT
There being no further business to come before the Council, the meeting
was adjourned at 7:55 p.m.
APPROVED this 18th day of April, 2022.
____________________________ ____________________________
NANCY BACKUS, MAYOR Hannah Scholl, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 6 of 6Page 11 of 92
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
April 13, 2022
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Approve Claim Vouchers
Background for Motion:
Background Summary:
Claims Voucher list dated April 18, 2022 which included voucher numbers 467482 through
467651, in the amount of $3,675,709.39 and three wire transfers in the amount of
$617,336.04.
Reviewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:April 18, 2022 Item Number:CA.B
Page 12 of 92
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
April 12, 2022
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Approve Payroll Vouchers
Background for Motion:
Background Summary:
Payroll check numbers 539350 through 539356 in the amount of $82,925.15, electronic
deposit transmissions in the amount of $2,489,159.11 also a special payroll for Police Non
Commissioned Retention Bonuses with electronic deposit transmission in the amount of
$50,174.54 for a grand total of $2,622,258.80 for the period covering March 31, 2022 to April
13, 2022.
Reviewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:April 18, 2022 Item Number:CA.C
Page 13 of 92
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting the Date for Public Hearing for MCI Communications
Services, LLC Franchise Agreement (Gaub)
Date:
April 11, 2022
Department:
Public Works
Attachments:
No Attachments Available
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council to set the date of the Public Hearing for Franchise Agreement No. FRN21-0005
for MCI Communications Services, LLC Telecommunications Franchise for May 2, 2022, at
7:00 pm.
Background for Motion:
Background Summary:
Section 20.04.040 of the Auburn City Code requires the City to hold a public hearing before
granting or denying a franchise agreement. Staff requests that the City Council set the date
of the public hearing for Franchise Agreement No. FRN21-0005 for MCI Communications
Services, LLC Telecommunications Franchise for May 2, 2022 at 7:00 pm.
Section 20.02.040 of the Auburn City Code requires a franchise for any telecommunications
carrier or operator to use public ways of the City and to provide telecommunications services
to any person or areas inside or outside of the City.
MCI Communications Services, LLC has applied for a new franchise agreement to continue
to operate their existing fiber optic telecommunications located in the public way in seven
east/west road crossings through the Union Pacific Rail Road property that runs north/south
through the City, and various locations in the public way in downtown Auburn as their current
franchise agreement is set to expire in the near future. MCI Communications Services, LLC
currently provides interexchange services and long distance services to consumer and
business customers from the existing facilities. The proposed agreement is consistent with
the City’s standard franchise agreement language.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:April 18, 2022 Item Number:CA.D
Page 14 of 92
Page 15 of 92
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5658 (Tate)
Date:
March 29, 2022
Department:
Community Development
Attachments:
Resolution No. 5658
Exhibit A - Map of Property
Bridges Overview Memo
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council to approve Resolution No. 5658.
Background for Motion:
Resolution No. 5658 expresses the City’s intent to explore annexation of The Bridges
property, which is currently within the City of Kent’s corporate boundaries, but surrounded
entirely by the City of Auburn.
Background Summary:
The property subject of this resolution, commonly referred to as The Bridges, is located
within the corporate boundaries of Kent, but surrounded entirely by the City of Auburn. Over
the years, community members have expressed an interest in the de-annexation by Kent, and
annexation by Auburn. This resolution gives the City of Auburn the authority to formally
explore community interest by asking members of the Living at Bridges Homeowners
Association, along with other stakeholders, whether they support annexation, with the results
reported back to the City Council.
Additionally, the cities of Auburn and Kent would work together to ensure that The Bridges
infrastructure meets appropriate regulatory requirements and maintenance standards, including
the undeveloped portions of the property.
Reviewed by Council Committees:
Councilmember:Mulenga Staff:Tate
Meeting Date:April 18, 2022 Item Number:RES.A
Page 16 of 92
Resolution No. 5658
March 14, 2022
Page 1 of 3 Rev. 2019
RESOLUTION NO. 5658
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, EXPRESSING INTENT TO EXPLORE ANNEXATION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF KENT, COMMONLY REFERRED TO AS THE BRIDGES, PURSUANT TO RCW
35.10.217 WHEREAS, RCW 35.10.217(2) authorizes the legislative body of a city on its own
initiative by resolution to indicate its desire to be annexed to a city in whole or in part, which
annexation shall become effective upon the adoption of a resolution by the other city concurring
in the annexation; and
WHEREAS, the Subject Property, commonly referred to as the “Bridges,” is a community
located on Lea Hill and within the City of Kent’s municipal limits, but surrounded entirely by the
City of Auburn, as shown on attached Exhibit A; and
WHEREAS, some community members have expressed an interest in the de-annexation of
the Subject Property from Kent and annexation of the Subject Property to Auburn, which is
consistent with discussions that have occurred between the cities of Kent and Auburn since 2019;
and
WHEREAS, the cities of Auburn and Kent have been, and will continue, working
collaboratively to ensure that the Bridges infrastructure meets appropriate regulatory requirements
and maintenance standards if the property is annexed to Auburn; and
WHEREAS, some portions of the Subject Property remain undeveloped, which is cause
to consider transferring regulatory and infrastructure authority and responsibilities to the City of
Auburn given that the Bridges is surrounded by Auburn residents; and
Page 17 of 92
Resolution No. 5658
March 14, 2022
Page 2 of 3 Rev. 2019
WHEREAS, the City Council desires for representatives from the cities of Auburn and
Kent to formally explore community interest by asking the Living at Bridges Homeowners
Association, along with other stakeholders, whether members support annexation of the Subject
Property to Auburn, with the results to be reported to each respective City Council; and
WHEREAS, the cities of Auburn and Kent commit to coordinate and cooperate with
respect to any issues affecting the cities related to annexation/de-annexation, as well as
collaborate on all information and communication shared with the public; and
WHEREAS, contemporaneous with the Auburn City Council’s consideration of this
Resolution, the City of Kent is considering this same expression of intent to explore
annexation/de- annexation because of the mutual benefits to both cities and their common
infrastructure needs; and
WHEREAS, in the event that de-annexation and annexation move forward, the cities
will follow the resolution process set forth in RCW 35.10.217.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Auburn City Council directs City Staff to explore community interest
in the de-annexation of the Subject Property from Kent and annexation to Auburn, with the results
to be reported to the City Council.
Section 2. The Mayor is authorized to implement those administrative procedures
necessary to carry out the directives of this legislation.
Page 18 of 92
Resolution No. 5658
March 14, 2022
Page 3 of 3 Rev. 2019
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
Kendra Comeau, City Attorney
Page 19 of 92
Page 20 of 92
Memorandum
To: City Council Members
From: Jeff Tate, Director of Community Development
CC: Mayor Nancy Backus
Date: January 3, 2022
Re: Bridges Overview
Bridges – General Description
The Bridges is a community located on Lea Hill that is within the municipal limits of the City of
Kent but entirely surrounding by the City of Auburn. It is identified in the below map.
Vicinity Map
Page 77 of 80Page 21 of 92
Overview of parcel layout 2017 Aerial Image
The City of Kent annexed this area in 1987, prior to the City of Auburn’s annexation of Lea Hill
in 2008. Prior to Auburn’s annexation The Bridges was simply a portion of Kent that was not
contiguous to its city boundaries. Auburn’s annexation of Lea Hill is the action that created this
island of Kent surrounded by Auburn.
Bridges – Overview
The Bridges community is defined as a Planned Unit Development (PUD) that includes 386
single family residential lots, 55.87 acres of open space and active recreation space, and a
13.21 acre yet to be developed area that allows for an assisted living facility, retail, commercial
and office uses. Of the 386 single family residential lots, there only remain 2 to 3 dozen
undeveloped properties. The community includes 9 access tracts, 4 sensitive area tracts, 3
detention pond tracts, 21 landscape tracts, 8 recreation tracts, and 2 open space tracts.
49.67 acre open space tract 6.20 acre open space tract
Page 78 of 80Page 22 of 92
The Bridges community receives sewer service from the City of Auburn and water service from
the City of Kent. The community also receives direct police service from the City of Kent and
fire service from Puget Sound Regional Fire Authority (although mutual aid agreements exist
that might result in a response by the Auburn Police Department or Valley Regional Fire
Authority).
Annexation Discussion
When viewing a map of the City it is commonly asked why there is an island within Auburn, why
this island is part of the City of Kent, and why the island isn’t simply annexed into Auburn in
order to eliminate this anomaly.
In early 2019 the City of Kent and City of Auburn began discussing the merits of annexing the
Bridges community into the City of Auburn. This discussion expanded to also include
representatives of Oakpointe, the owner of the yet to be developed 13.21 acre southeast corner
of the community that is currently designated for a future mix of non-residential activity.
There are a number of moving parts associated with this kind of conversation, several of which
will be brought forward to City Council for future presentation, discussion and potential action.
These include:
Future development concepts related to the yet to be developed property owned by
Oakpointe and whether the uses allowed under the Kent PUD are appropriate for
Auburn.
Determining the development standards that would apply within the PUD given that it
was approved in Kent and Auburn’s rules are different. Understanding this matter will
help define vesting rules, the process to change the standards and/or the PUD in the
future, and how to memorialize these details within City code.
Understanding the management needs and requirements for the open space tract. The
open space tract was dedicated to the City of Kent which means that an annexation
would transfer the property to the City of Auburn. While open space is generally
intended to remain undisturbed there are times when dangerous trees need to be
removed, invasive weeds eradicated, garbage from illegal dumping to be picked up, etc.
Evaluation of the condition of infrastructure within the PUD. This evaluation includes a
look at the physical condition of public roads, sidewalks, bridges, signage, street lights,
storm ponds, public landscaping and open space, etc. It also includes a review of
inspection records related to storm water facilities, bridge infrastructure, and roadway
infrastructure etc.
Engagement with the residents who currently live within this community. What is the
impact to their property taxes, utility bills, police/fire service, voting districts, etc.?
Defining the annexation process. State and County laws adequately define a process
where unincorporated land is annexed into a city. The laws also acknowledge that
annexation may occur from one city to another, however this isn’t an action that occurs
very frequently.
Defining how to transfer assets including paper and digital records, land and
infrastructure, inspection and permit records, etc.
Post annexation actions that are necessary. For example, all street signs within the
Bridges include a City of Kent graphic. The City of Auburn would want street signs
swapped out in order to remove this graphic.
As discussions progress and there is a greater understanding of the impacts, pros and cons,
process, and potential future conditions of the yet to be developed property, staff will continue to
engage the Auburn City Council in order to ensure that Council is in the best position possible to
Page 79 of 80Page 23 of 92
make informed annexation decisions. One of the next likely actions is for both cities to enter
into an agreement that declares both cities sincere interest in advancing the idea of annexation
through both city councils and the affected residents.
Page 80 of 80Page 24 of 92
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5661 (Travis)
Date:
April 13, 2022
Department:
Innovation and Technology
Attachments:
Resolution 5661
2022 City of Pacific ILA Addendum
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council to approve Resolution 5661.
Background for Motion:
Resolution No. 5661 reduces the amount of pass through technology purchasing between the City
of Pacific and the City of Auburn. This allows the City of Pacific to negotiate their own contracts
with vendors to meet their specific technology needs.
Background Summary:
The City of Pacific has hired their own IT person to handle the day-to-day operations. We are
slowing removing their dependency on The City of Auburn IT staff through changes in the
ILAs. We are working towards a goal for them to be completely independent but still being
good neighbors and providing assistance as needed.
Reviewed by Council Committees:
Councilmember:Baggett Staff:Travis
Meeting Date:April 18, 2022 Item Number:RES.B
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Resolution No. 5661
April 14, 2022
Page 1 of 2 Rev. 2020
RESOLUTION NO. 5661
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RATIFYING THE MAYOR’S EXECUTION OF AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF PACIFIC FOR INFORMATION TECHNOLOGY
SERVICES
WHEREAS, the cities of Auburn and Pacific entered into an Interlocal Agreement for
information services on June 12, 2017; and
WHEREAS, over time the range of services that the City of Pacific needs from Auburn has
diminished; and
WHEREAS, both parties are interested in amending the interlocal agreement to reduce the
scope of services provided by Auburn to Pacific, and correspondingly modify the agreement’s
fees; and
WHEREAS, pursuant to the Interlocal Cooperation Act, 39.34 RCW, a city’s legislative
body is required to ratify interlocal agreements executed by a mayor.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The City Council ratifies the Mayor’s execution of Addendum Number Two
to the interlocal agreement between the City and the City of Pacific, attached as Exhibit A to this
resolution.
Section 2. The Mayor is authorized to implement those administrative procedures
necessary to carry out the directives of this Resolution.
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Resolution No. 5661
April 14, 2022
Page 2 of 2 Rev. 2020
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Kendra Comeau, City Attorney
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5662 (Gaub)
Date:
April 11, 2022
Department:
Public Works
Attachments:
Resolution No. 5662
FAA Grant Agreement Template
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council adopt Resolution No. 5662
Background for Motion:
This resolution would accept grant funding if awarded to the City by the FAA to design,
complete an Airport Geographic Information System (AGIS) survey, and construct Project
No. CP2213, Runway and Taxiway Improvements and Runway Safety Area.
Background Summary:
Resolution No. 5662 authorizes the City to accept Federal Aviation Administration (FAA) grant
funds for Project No. CP2213, Runway and Taxiway Improvements and Runway Safety Area.
Staff has applied for one grant for the design phase of the project and plans to apply for two
more grants in the future for the Airport Geographic Information System (AGIS) and
construction phases. The grant funds are accepted using a standard FAA Grant Agreement
form. The 2021 template of the standard FAA form has been included for reference, the
current standard FAA form at the time of award would be filled out with the information for
each project and executed to accept the grant funds and will be in in substantial conformity to
the 2021 form.
The project will rehabilitate the pavement on the runway and taxiway by performing a grind and
overlay on the runway and a fog seal on the taxiway. The project will also upgrade the taxiway
lighting to LED and update the lights on the side of the runway that provide guidance to pilots
during their decent. Finally, the project will extend the runway safety area at the south end of
the runway by demolishing, regrading and refencing a small portion of the King County Park &
Ride facility located at 101 15th St NE that was recently purchased by the City.
Survey and aerial imagery of existing facilities in and around the airport will also be done as
part of the AGIS phase of the project. This data will be sent to the FAA so they can develop
an improved Instrument Approach Procedure at the airport which allows pilots to utilize the
airport in low visibility conditions.
The cost of the design phase is estimated to be up to $500,000 with up to $450,000
anticipated to come from an FAA grant which requires 10% matching funds. Of the $50,000
in matching funds required, $25,000 is anticipated to come from a future WSDOT grant and
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the remaining $25,000 from the 465 Airport fund. If the WSDOT grant application is
unsuccessful all matching funds are anticipated to come from the 465 Airport fund.
The cost of the AGIS phase is estimated to be up to $75,000 with up to $67,500 anticipated
to come from a future FAA grant which requires 10% matching funds. Of the $7,500 in
matching funds required, $3,750 is anticipated to come from a future WSDOT grant and the
remaining $3,750 from the 465 Airport fund. If the WSDOT grant application is unsuccessful
all matching funds are anticipated to come from the 465 Airport fund.
The cost of the construction phase is estimated to be up to $4,000,000 with up to $3,600,000
anticipated to come from a future FAA grant which requires 10% matching funds. Of the
$400,000 in matching funds required, $200,000 is anticipated to come from a future WSDOT
grant and the remaining $200,000 from the 465 Airport fund. If the WSDOT grant application
is unsuccessful all matching funds are anticipated to come from the 465 Airport fund.
The project is schedule to be designed in 2022 and constructed in 2023. The AGIS survey
is scheduled to be complete in 2022.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:April 18, 2022 Item Number:RES.C
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Resolution No. 5662
April 5, 2022
Page 1
RESOLUTION NO. 5662
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THREE GRANT AGREEMENTS
BETWEEN THE CITY OF AUBURN AND THE FEDERAL
AVIATION ADMINISTRATION RELATING TO PROJECT NO.
CP2213, RUNWAY AND TAXIWAY IMPROVEMENTS AND RSA
GRADING
WHEREAS, the completion of the Runway and Taxiway Improvements
and Runway Safety Area (RSA) Grading project (“Project”) at the Auburn
Municipal Airport is a necessary part of responsible airport facility management
and maintenance, and ensures the continued usability and safety of the runway
and taxiways for aircraft use; and
WHEREAS, the Project is an integral part of the most recent Airport
Master Plan, which was approved by the Federal Aviation Administration
(“FAA”) and the Washington State Department of Transportation; and
WHEREAS, the City of Auburn (the “City”) applied to the FAA for a grant
of up to $450,000, or 90.0% of the total estimated design cost of the Project, to
be used for the design phase of the Project; and
WHEREAS, the City plans to apply to the FAA for a grant of up to
$67,500.00, or 90% of the total estimated Airport Geographic Information
System (“AGIS”) cost of the Project, to be used for the AGIS phase of the
Project; and
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Resolution No. 5662
April 5, 2022
Page 2
WHEREAS, the City plans to apply to the FAA for a grant of up to
$3,600,000, or 90.0% of the total estimated construction cost of the Project, to
be used for the construction phase of the Project; and
WHEREAS, an estimated $475,500 of matching funds are required to
fully fund the Project; and
WHEREAS, the City plans to apply to the Washington State Department
of Transportation for three matching grants of up to $228,750, or 5% of the total
estimated cost of the Project, to be used for the design, AGIS and construction
phases of the Project; and
WHEREAS, the City has available, and is willing to provide, up to
$228,750 in the 465 Airport Fund as the matching funds. Alternatively, the City
has available, and is willing to provide, up to $457,500 in the 465 Airport Fund
as matching funds if the requested Washington State Department of
Transportation grant funds are not awarded; and
WHEREAS, it is in the best interest of the City to use FAA grant monies to
finance capital improvements to the Auburn Municipal Airport.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and City Clerk are authorized to execute and
administer three grant agreements between the City and FAA for a total of
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Resolution No. 5662
April 5, 2022
Page 3
$4,117,500 or any other amount authorized by the FAA for the Project as long
as matching funds are available and the Project is within the Cities adopted
budget.
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures.
Dated and Signed this _____ day of _________, 2022.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
______________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
_____________________
Kendra Comeau, City Attorney
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1
U.S. Department
of Transportation
Federal Aviation
Administration
FAA Airport Improvement Program (AIP)
GRANT AGREEMENT
Part I - Offer
Federal Award Offer Date
Airport/Planning Area
FY2021 AIP Grant Number
Unique Entity Identifier
TO:
(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 ______________, for a
grant of Federal funds for a project at or associated with the sponsor, which is included as part of this
Grant Agreement; and
WHEREAS, the FAA has approved a project for the _________________ (herein called the “Project”)
consisting of the following:
which is more fully described in the Project Application.
NOW THEREFORE, Pursuant to and for the purpose of carrying out the FAA Reauthorization Act of 2018
(Public Law Number 115-254); Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§
40101 et seq., and 48103; the Department of Transportation Appropriations Act, 2021 (Public Law 116-
260, Division L), as further amended by the American Rescue Plan Act of 2021 (Public Law 117-2); and
the representations contained in the Project Application; and in consideration of: (a) the Sponsor’s
adoption and ratification of the Grant Assurances attached hereto (b) the Sponsor’s acceptance of this
Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the
Project and compliance with the Grant Assurance and conditions as herein provided;
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THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay 100 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
$_________________.
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):
$_________________ for planning
$_________________ airport development or noise program implementation; and,
$_________________ 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 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 § 200.308.
c. Close Out and Termination
1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout
documentation and liquidate (pay-off) all obligations incurred under this award no later
than 120 calendar days after the end date of the period of performance. If the Sponsor
does not submit all required closeout documentation within this time period, the FAA will
proceed to close out the grant within one year of the period of performance end date with
the information available at the end of 120 days. (2 CFR § 200.344).
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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, and any superseding legislation. Final determination of the United States’ share will be
based upon the final audit of the total amount of allowable project costs and settlement will be
made for any upward or downward adjustments to the Federal share of costs.
5. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must
carry out and complete the project without undue delays and in accordance with this Agreement,
49 U.S.C. Chapters 471 and 475, and the regulations, policies, and procedures of the Secretary of
Transportation (“Secretary”). Per 2 CFR § 200.308, the Sponsor agrees to report to the FAA any
disengagement from performing the project that exceeds three months or a 25 percent reduction in
time devoted to the project, and request prior approval from FAA. 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
________________, or such subsequent date as may be prescribed in writing by the FAA.
8. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to
recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or
misused in any other manner for any project upon which Federal funds have been expended. For
the purposes of this Grant Agreement, the term “Federal funds” means funds however used or
dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant
agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the
amount of the Federal share of such funds. The Sponsor must return the recovered Federal share,
including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must
furnish to the Secretary, upon request, all documents and records pertaining to the determination
of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such Federal share require advance approval by the Secretary.
9. United States Not Liable for Damage or Injury. The United States is not responsible or liable for
damage to property or injury to persons which may arise from, or be incident to, compliance with
this Grant Agreement.
10. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI).
a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from
this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its
information in the SAM until the Sponsor submits the final financial report required under this
Grant, or receives the final payment, whichever is later. This requires that the Sponsor review
and update the information at least annually after the initial registration and more frequently if
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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/SAM/pages/public/index.jsf.
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 eInvoicing 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.
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best
interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
13. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA
may suspend, cancel, or terminate this Grant Agreement.
14. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial
reporting requirements and payment requirements, including submittal of timely and accurate
reports.
15. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. §
50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel
or manufactured products produced outside the United States to be used for any project for which
funds are provided under this grant. The Sponsor will include a provision implementing Buy
American in every contract and subcontract awarded under this Grant.
16. 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 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.
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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.
17. 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.
18. 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 individual or firm are not
excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier
transactions (e.g. Sub-contracts).
c. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a
covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or
entity.
19. 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:
a. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
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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.
20. Trafficking in Persons.
a. You as the recipient, your employees, subrecipients under this Grant, and subrecipients’
employees may not –
1. Engage in severe forms of trafficking in persons during the period of time that the Grant
and applicable conditions are in effect;
2. Procure a commercial sex act during the period of time that the Grant and applicable
conditions are in effect; or
3. Use forced labor in the performance of the Grant or any subgrants under this Grant.
b. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if
you or a subrecipient that is a private entity –
1. Is determined to have violated a prohibition in paragraph a. of this condition; or
2. Has an employee who is determined by the agency official authorized to terminate the
Grant to have violated a prohibition in paragraph a. of this condition through conduct that
is either –
a. Associated with performance under this Grant; or
b. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB
Guidelines to Agencies on Government-wide Debarment and Suspension
(Nonprocurement),” as implemented by our agency at 49 CFR Part 29.
c. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a. of this condition.
d. Our right to terminate unilaterally that is described in paragraph a. of this condition:
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 Grant Agreement.
21. Exhibit “A” Property Map. The Exhibit “A” Property Map dated December 2008, is incorporated
herein by reference or is submitted with the project application and made part of this Grant
Agreement.
22. 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;
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iv. A substantial and specific danger to public health or safety; or
v. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered. The persons and bodies to which a disclosure by an employee
is covered are as follows:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or management at the
relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor, contractor, or subcontractor
who has the responsibility to investigate, discover, or address misconduct; or
vii. An authorized official of the Department of Justice or other law enforcement agency.
3. Submission of Complaint — A person who believes that they have been subjected to a
reprisal prohibited by paragraph a of this grant term may submit a complaint regarding the
reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation.
4. Time Limitation for Submittal of a Complaint —A complaint may not be brought under this
condition more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the
Inspector General’s office are established under 41 U.S.C. § 4712(b).
6. Assumption of Rights to Civil Remedy — Upon receipt of an explanation of a decision not to
conduct or continue an investigation by the Office of Inspector General, the person
submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c).
SPECIAL CONDITIONS
23. Design Grant. This Grant Agreement is being issued in order to complete the design of the project.
The Sponsor understands and agrees that within 2 years after the design is completed that the
Sponsor will accept, subject to the availability of the amount of Federal funding identified in the
Airport Capital Improvement Plan (ACIP), a grant to complete the construction of the project in
order to provide a useful and useable unit of work. The Sponsor also understands that if the FAA
has provided Federal funding to complete the design for the project, and the Sponsor has not
completed the design within four (4) years from the execution of this Grant Agreement, the FAA
may suspend or terminate grants related to the design.
24. 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.
25. 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
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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.
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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.1
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
(Signature)
(Typed Name)
(Title of FAA Official)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment, or both.
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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.2
Dated
(Name of Sponsor)
(Signature of Sponsor’s Authorized Official)
By:
(Typed Name of Sponsor’s Authorized Official)
Title:
(Title of Sponsor’s Authorized Official)
2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment, or both.
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11
CERTIFICATE OF SPONSOR’S ATTORNEY
I, _________________________, 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, the FAA Reauthorization Act of 2018 (Public Law Number 115-254); Title 49 U.S.C.,
Chapters 471 and 475; 49 U.S.C. §§ 40101, et seq., and 48103; and the Department of Transportation
Appropriations Act, 2021 (Public Law 116-260, Division L), as further amended by the American Rescue
Plan Act of 2021 (Public Law 117-2). 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
By:
(Signature of Sponsor’s Attorney)
Page 68 of 92
ASSURANCES
AIRPORT SPONSORS
A. General.
a. 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.
b. 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.
c. 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.
a. 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.
b. 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.
c. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30,
32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of
this grant agreement shall remain in full force and effect during the life of the project; there
shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport
Revenue so long as the airport is used as an airport.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
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1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and
requirements as they relate to the application, acceptance and use of Federal funds for this project
including but not limited to the following:
FEDERAL LEGISLATION
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act — 40 U.S.C. 276(a), et seq.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 Title 42 U.S.C.
4601, et seq.1 2
f. National Historic Preservation Act of 1966 – Section 106 - 16 U.S.C. 470(f).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. 4012a.1
l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1
s. Power plant and Industrial Fuel Use Act of 1978 – Section 403- 2 U.S.C. 8373.1
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1
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
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282,
as amended by section 6202 of Pub. L. 110-252).
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EXECUTIVE ORDERS
a. Executive Order 11246 – Equal Employment Opportunity1
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
Construction1
f. Executive Order 12898 – Environmental Justice
FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Government-wide Debarment and Suspension
(Non-procurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with
State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments,
and Non-Profit Organizations].4, 5, 6
c. 2 CFR Part 1200 – Non-procurement 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 – Discrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1 – Procedures for predetermination of wage rates.1
j. 29 CFR Part 3 – Contractors and subcontractors on public building or public work financed in
whole or part by loans or grants from the United States.1
k. 29 CFR Part 5 – Labor standards provisions applicable to contracts covering federally financed
and assisted construction (also labor standards provisions applicable to non-construction
contracts subject to the Contract Work Hours and Safety Standards Act).1
l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1
m. 49 CFR Part 18 – Uniform administrative requirements for grants and cooperative agreements to
state and local governments.3
n. 49 CFR Part 20 – New restrictions on lobbying.
o. 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.
p. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions.
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q. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally Assisted Programs.1 2
r. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of
Transportation Programs.
s. 49 CFR Part 27 – Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance.1
t. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities conducted by the Department of Transportation.
u. 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.
v. 49 CFR Part 32 – Government-wide Requirements for Drug-Free Workplace (Financial
Assistance).
w. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA).
x. 49 CFR Part 41 – Seismic safety of Federal and federally assisted or regulated new building
construction.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this grant agreement.
FOOTNOTES TO ASSURANCE C.1.
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments
receiving Federal assistance. Any requirement levied upon State and Local Governments by this
regulation and circular shall also be applicable to private sponsors receiving Federal assistance
under Title 49, United States Code.
4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform
Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part
215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2
CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the
Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part
200 which affect administration of Federal awards issued by Federal agencies become effective
once implemented by Federal agencies or when any future amendment to this Part becomes
final. Federal agencies, including the Department of Transportation, must implement the
policies and procedures applicable to Federal awards by promulgating a regulation to be
effective by December 26, 2014 unless different provisions are required by statute or approved
by OMB.
5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
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2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this grant, and to finance and carry out the proposed project;
that a resolution, motion or similar action has been duly adopted or passed as an official act of
the applicant's governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this grant and to finance and carry out the proposed project
and comply with all terms, conditions, and assurances of this grant agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as may be
required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the
United States. It has sufficient funds available to assure operation and maintenance of items funded
under this grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to
the landing area of the airport or site thereof, or will give assurance satisfactory to the
Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the property upon which Federal
funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in this grant
agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere
with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease,
encumber, or otherwise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to this application or, for a noise compatibility program project,
that portion of the property upon which Federal funds have been expended, for the duration of
the terms, conditions, and assurances in this grant agreement without approval by the
Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States
Code, to assume the obligations of this grant agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall insert in the contract or
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document transferring or disposing of the sponsor's interest, and make binding upon the
transferee all of the terms, conditions, and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it
will enter into an agreement with that government. Except as otherwise specified by the
Secretary, that agreement shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project. That agreement and changes thereto must
be satisfactory to the Secretary. It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provisions specified by
the Secretary. It will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public-use airport in accordance with these assurances
for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to insure that the airport will be operated and maintained in
accordance Title 49, United States Code, the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement also requires
compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport. Sponsors
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is located to
plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which
project is proposed.
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9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it
has afforded the opportunity for public hearings for the purpose of considering the economic,
social, and environmental effects of the airport or runway location and its consistency with goals
and objectives of such planning as has been carried out by the community and it shall, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the
communities where the project is located or has advised the communities that they have the right
to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a
medium or large hub airport, the sponsor has made available to and has provided upon request to
the metropolitan planning organization in the area in which the airport is located, if any, a copy of
the proposed amendment to the airport layout plan to depict the project and a copy of any airport
master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance-management program and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance
at the airport. It will provide such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code, and all the security
equipment required by rule or regulation, and has provided for access to the passenger enplaning
and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than
air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of this grant, the total cost of the project in connection with
which this grant is given or used, and the amount or nature of that portion of the cost of the
project supplied by other sources, and such other financial records pertinent to the project. The
accounts and records shall be kept in accordance with an accounting system that will facilitate
an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives, for the purpose of audit and examination, any
books, documents, papers, and records of the recipient that are pertinent to this grant. The
Secretary may require that an appropriate audit be conducted by a recipient. In any case in
which an independent audit is made of the accounts of a sponsor relating to the disposition of
the proceeds of a grant or relating to the project in connection with which this grant was given
or used, it shall file a certified copy of such audit with the Comptroller General of the United
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States not later than six (6) months following the close of the fiscal year for which the audit was
made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant
agreement which involve labor, provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40
U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum
rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this grant agreement which
involve labor, such provisions as are necessary to insure that, in the employment of labor (except in
executive, administrative, and supervisory positions), preference shall be given to Vietnam era
veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title
49, United States Code. However, this preference shall apply only where the individuals are
available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this grant
agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary, and incorporated into this grant agreement.
17. Construction Inspection and Approval.
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.
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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 with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non-aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for-
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3. Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
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purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to-
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed-based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,
regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly
and substantially related to providing air transportation as are applicable to all such air carriers
which make similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport
provided an air carrier assumes obligations substantially similar to those already imposed on air
carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport from performing any services on its own aircraft
with its own employees [including, but not limited to maintenance, repair, and fueling] that it
may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance, the services involved will be provided on the same conditions as would apply to the
furnishing of such services by 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.
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i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
services at an airport by a single fixed-based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based
operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed-based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant or
permit any person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise compatibility project for
which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it for the capital or operating costs of the airport; the
local airport system; or other local facilities which are owned or operated by the owner or
operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the
owner or operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
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2. If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor’s acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale. This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period) of
any airport improvement grant made to the private owner for any purpose other than land
acquisition on or after October 1, 1996, plus an amount equal to the federal share of the
current fair market value of any land acquired with an airport improvement grant made to
that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at Section 47102 of title 49 United
States Code), if the FAA determines the airport sponsor meets the requirements set forth
in Sec. 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct
that the audit will review, and the resulting audit report will provide an opinion concerning, the
use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or
transferred to the owner or operator are paid or transferred in a manner consistent with Title
49, United States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of Section 47107 of Title 49, United States Code.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary
may reasonably request and make such reports available to the public; make available to the
public at reasonable times and places a report of the airport budget in a format prescribed by
the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this grant agreement
including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2. all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
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27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance
and all those usable for landing and takeoff of aircraft to the United States for use by Government
aircraft in common with other aircraft at all times without charge, except, if the use by Government
aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the
cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in excess of
those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas
by other authorized aircraft, or during any calendar month that –
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent
thereto; or
b. The total number of movements (counting each landing as a movement) of Government
aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the
airport (the total movement of Government aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather-reporting and communication activities related to air
traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as
the Secretary considers necessary or desirable for construction, operation, and maintenance at
Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be
made available as provided herein within four months after receipt of a written request from the
Secretary.
29. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up
to date at all times an airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries
of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing
improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport’s property
boundary. Such airport layout plans and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the Secretary on the face
of the airport layout plan. The sponsor will not make or permit any changes or alterations
in the airport or any of its facilities which are not in conformity 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.
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a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a
change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally owned,
leased, or funded property on or off the airport and which is not in conformity with
the airport layout plan as approved by the Secretary, the owner or operator will, if
requested, by the Secretary (1) eliminate such adverse effect in a manner approved by
the Secretary; or (2) bear all costs of relocating such property (or replacement thereof)
to a site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of operation
existing before the unapproved change in the airport or its facilities except in the case
of a relocation or replacement of an existing airport facility due to a change in the
Secretary’s design standards beyond the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on
the grounds of race, creed, color, national origin, sex, age, or disability be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
activity conducted with, or benefiting from, funds received from this grant.
a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and
21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct
all programs in compliance with all non-discrimination requirements imposed by, or pursuant
to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor’s program or activities, these requirements extend to all of the
sponsor’s programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in
the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is
to provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the assurance obligates the sponsor, or any
transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision
of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
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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 (Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78
Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it
will affirmatively ensure that any contract entered into pursuant to this advertisement,
disadvantaged business enterprises and airport concession disadvantaged business enterprises
will be afforded full and fair opportunity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, or national origin in consideration
for an award.”
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally-assisted programs of the DOT, and
incorporating the acts and regulations into the contracts by reference in every contract or
agreement subject to the non-discrimination in Federally-assisted programs of the DOT
acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race, color, national origin, creed, sex, age, or handicap as a covenant running with the
land, in any future deeds, leases, license, permits, or similar instruments entered into by
the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
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)
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transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order, (1)reinvestment in an approved noise
compatibility project, (2) reinvestment in an approved project that is eligible for grant funding
under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport
development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of
title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be
reinvested in an approved noise compatibility project at that airport, and (5) paid to the
Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for
noise compatibility purposes is leased at fair market value and consistent with noise buffering
purposes, the lease will not be considered a disposal of the land. Revenues derived from such a
lease may be used for an approved airport development project that would otherwise be
eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That portion of the proceeds of
such disposition which is proportionate to the United States' share of the cost of acquisition of
such land will, (1) upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order: (1) reinvestment in an approved noise compatibility project, (2)
reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of
title 49 United States Code, (3) reinvestment in an approved airport development project that
is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States
Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an
approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in
the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be
needed for aeronautical purposes (including runway protection zones) or serve as noise buffer
land, and (2) the revenue from interim uses of such land contributes to the financial self-
sufficiency of the airport. Further, land purchased with a grant received by an airport operator
or owner before December 31, 1987, will be considered to be needed for airport purposes if
the Secretary or Federal agency making such grant before December 31, 1987, was notified by
the operator or owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later than December 15,
1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any
interest or right therein necessary to ensure that such land will only be used for purposes which
are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
Engineering and Design Services. If any phase of such project has received Federal funds under
Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program
management, construction management, planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying, mapping or related services in the same
manner as a contract for architectural and engineering services is negotiated under Chapter 11 of
Title 40 U. S. C., or an equivalent qualifications-based requirement prescribed for or by the sponsor
of the airport.
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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 for AIP projects as of April 29, 2021.
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law,
by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B.
b. It will provide a relocation assistance program offering the services described in Subpart C and
fair and reasonable relocation payments and assistance to displaced persons as required in
Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport; however, it has no obligation to fund
special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and
performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor
shall not discriminate on the basis of race, color, national origin or sex in the administration of its
Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are
incorporated by reference in this agreement. Implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C.
3801).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or
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Airport Sponsor Assurances 2/2020 Page 18 of 18
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102
of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for
access to gates or other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport, the airport owner or operator shall
transmit a report to the Secretary that-
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any, the airport will be able to accommodate the
requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due date.
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AIP Funded and PFC Approved Projects ARP
FAA
Airports
Current FAA Advisory Circulars Required for Use in AIP
Funded and PFC Approved Projects
Updated: 1/31/2022
View current and previous versions of these ACs and any associated changes at:
http://www.faa.gov/airports/resources/advisory_circulars and
http://www.faa.gov/regulations_policies/advisory_circulars/. 1
NUMBER TITLE
70/7460-1M Obstruction Marking and Lighting
150/5000-9A Announcement of Availability – Report No. DOT/FAA/PP/92-5, Guidelines for
the Sound Insulation of Residences Exposed to Aircraft Operations
150/5000-17 Critical Aircraft and Regular Use Determination
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-6B,
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
150/5200-28F 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
1 All grant recipients are responsible for reviewing errata sheets and addendums pertaining to these
Advisory Circulars.
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AIP Funded and PFC Approved Projects ARP
NUMBER TITLE
150/5200-34A Construction or Establishment of Landfills Near Public Airports
150/5200-38 Protocol for the Conduct and Review of Wildlife Hazard Site Visits, Wildlife
Hazard Assessments, and Wildlife Hazard Management Plans
150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7D Aircraft Rescue and Fire Fighting Communications
150/5210-13C Airport Water Rescue Plans and Equipment
150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
150/5210-15A Aircraft Rescue and Firefighting Station Building Design
150/5210-18A Systems for Interactive Training of Airport Personnel
150/5210-19A Driver's Enhanced Vision System (DEVs)
150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
150/5220-16E,
Change 1
Automated Weather Observing Systems (AWOS) for Non-Federal
Applications
150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities
150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-20A Airport Snow and Ice Control Equipment
150/5220-21C Aircraft Boarding Equipment
150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5220-23A Frangible Connections
150/5220-24 Airport Foreign Object Debris (FOD) Detection Equipment
150/5220-25 Airport Avian Radar Systems
150/5220-26,
Changes 1 - 2
Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS-
B) Out Squitter Equipment
150/5230-4C Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports
150/5300-13A,
Change 1
Airport Design
150/5300-14D Design of Aircraft Deicing Facilities
150/5300-15A Use of Value Engineering for Engineering and Design of Airport Grant Projects
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AIP Funded and PFC Approved Projects ARP
NUMBER TITLE
150/5300-16B General Guidance and Specifications for Aeronautical Surveys: Establishment
of Geodetic Control and Submission to the National Geodetic Survey
150/5300-17C,
Change 1
Standards for Using Remote Sensing Technologies in Airport Surveys
150/5300-18B,
Change 1
General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-5D Airport Drainage Design
150/5320-6G Airport Pavement Design and Evaluation
150/5320-12C,
Changes 1 - 8
Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-15A Management of Airport Industrial Waste
150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals
150/5325-4B Runway Length Requirements for Airport Design
150/5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN
150/5340-1M,
Change 1
Standards for Airport Markings
150/5340-5D Segmented Circle Airport Marker System
150/5340-18G,
Change 1
Standards for Airport Sign Systems
150/5340-26C Maintenance of Airport Visual Aid Facilities
150/5340-30J Design and Installation Details for Airport Visual Aids
150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting
150/5345-5B Specifications for Airport Lighting Circuit Selector Switch
150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-10H Specification for Constant Current Regulators and Regulator Monitors
150/5345-12F Specification for Airport and Heliport Beacons
150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
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AIP Funded and PFC Approved Projects ARP
NUMBER TITLE
150/5345-26E FAA Specification For L-823 Plug and Receptacle, Cable Connectors
150/5345-27F FAA Specification for Wind Cone Assemblies
150/5345-28H Precision Approach Path Indicator (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 Specification for Obstruction Lighting Equipment
150/5345-44K Specification for Runway and Taxiway Signs
150/5345-45C Low-Impact Resistant (LIR) Structures
150/5345-46E Specification for Runway and Taxiway Light Fixtures
150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-49D Specification L-854, Radio Control Equipment
150/5345-50B Specification for Portable Runway and Taxiway Lights
150/5345-51B Specification for Discharge-Type Flashing Light Equipment
150/5345-52A Generic Visual Glideslope Indicators (GVGI)
150/5345-53D Airport Lighting Equipment Certification Program
150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short
Lighting Systems
150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-12F Airport Signing and Graphics
150/5360-13A Airport Terminal Planning
150/5360-14A Access to Airports By Individuals With Disabilities
150/5370-2G Operational Safety on Airports During Construction
150/5370-10H Standard Specifications for Construction of Airports
150/5370-11B Use of Nondestructive Testing in the Evaluation of Airport Pavements
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AIP Funded and PFC Approved Projects ARP
NUMBER TITLE
150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5370-15B Airside Applications for Artificial Turf
150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
150/5370-17 Airside Use of Heated Pavement Systems
150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements
150/5380-7B Airport Pavement Management Program
150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness
150/5390-2C Heliport Design
150/5395-1B Seaplane Bases
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 1/31/2022
NUMBER
TITLE
150/5100-14E,
Change 1
Architectural, Engineering, and Planning Consultant Services for Airport Grant
Projects
150/5100-17,
Changes 1 - 7
Land Acquisition and Relocation Assistance for Airport Improvement Program
Assisted Projects
150/5100-21 State Block Grant Program
150/5370-12B Quality Management for Federally Funded Airport Construction Projects
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1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3666.70
Vicinity Map 9/30/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes
no warranty as to its accuracy.
AUBURN MUNICIPAL
AIRPORT AUBURN WAY NProposed runway and
taxiway pavement
rehabilitation and taxiway
lighting rehabilitation.
Proposed runway
guidance lighting
upgrades (exact
location TBD)
Proposes runway safety
area extension.
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