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HomeMy WebLinkAboutR-2001-125 Grant Application & Agreement for Airport Taxiway ImprovementCITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION NO. 140 '200 NO R-2001-125 A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY ratifying an Application for Federal Assistance and Standard DOT Title VI Assurances, and authorizing the execution and acceptance of a Grant Agreement for Federal Assistance and Certificate of Sponsor's Attorney between the Federal Aviation Administration and the City of Yakima, Washington, and the County of Yakima, Washington. WHEREAS, the City of Yakima ("City") and Yakima County ("County") are co-owners of the Yakima Air Terminal; and WHEREAS, the Yakima Air Terminal Board has submitted to the Federal Aviation Administration ("FAA") an Application for Federal Assistance dated July 31, 2001 for a grant of federal funds for projects at the Yakima Air Terminal, which Application and Standard DOT Title VI Assurances, as approved by the FAA under project number 3-53-0089-22 (the "Project"), is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved the following projects: 1). Rehabilitate Taxiways B and C, including general aviation apron, and, 2). Construct Aircraft Rescue and Fire Fighting (ARFF)/Service Road. WHEREAS, the United States of America, acting through the FAA has offered to City and County a grant to pay, as the United States share of the allowable costs incurred in accomplishing the Project, up to ninety (90%) percentum of all allowable project costs for the project, and WHEREAS, The FAA has requested as a condition precedent to funding by the United States of the allowable costs incurred in the Project, that: 1) the City of Yakima, Washington and County of Yakima, Washington authorize and ratify the execution of the Application for Federal Assistance and Standard DOT Title VI Assurances, both dated July 31, 2001, on their behalf by Bob Clem, Airport Manager, and that they jointly and severally adopt and ratify the representations and assurances contained therein; and that the word "Sponsor" as used in the project application and other assurances is deemed to include the City of Yakima, Washington, and the County of Yakima, Washington. 2) the City and County authorize the City Manager and City Attorney for the City of Yakima and the Chair of the Board of County Commissioners and Prosecuting Attorney for Yakima County to accept and execute the Grant Offer and Certificate of Sponsor's Attorney. (Resolution - AIP-22, 8/01) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Application for Federal Assistance and Standard DOT Title VI Assurances dated July 31, 2001, executed by Bob Clem, Airport Manager, are hereby ratified. A true copy of such Application and Standard DOT Title VI Assurances are attached hereto and incorporated herein; and, it is understood that the word "Sponsor" as used in the project application and other assurances is deemed to include the City of Yakima, Washington, and the County of Yakima, Washington, and, The City Manager and City Attorney of the City of Yakima are hereby authorized to accept the Grant Offer and to execute other such documents as may be required. ADOPTED BY THE CITY COUNCIL this "7 day of Sri: 2001. Maryce, Mayor, City of Yakima ATTEST: Karen S. Roberts, City Clerk (Resolution - AIP-22, 8/01) BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS: The Application for Federal Assistance and Standard DOT Title VI Assurances dated July 31, 2001, executed by Bob Clem, Airport Manager, are hereby ratified. A true copy of such Application and Standard DOT Title VI Assurances are attached hereto and incorporated herem; and, it is understood that the word "Sponsor" as used in the project application and other assurances is deemed to include the City of Yakima, Washington, and the County of Yakima, Washington, and, The Chair and Prosecuting Attorney of the County of Yakima are hereby authorized to accept the Grant Offer and to execute other such documents as may be required. Dated this • t day of ATTEST: SYLVIA E. CERVANTES AALL )(1/) Clerk of the Board (Resolution - AIP-22, 8/01) 001. ames M. Lewis,Va' , Yakima County Commissioners esse S. Palacios, Commissioner Ronald F. Gamache, Commissioner Constitutes the Board of County Commissioners for Yakima County, Washington Page 1 of 6 pages U.S. Department of Transportation Federal Aviation Administration Grant Agreement Part 1 - Offer Date of Offer: August 23, 2001 Yakima Air Terminal Yakima, Washington Project Number: 3-53-0089-22 Contract Number: DOT-FAO1NM-0067 To: The City of Yakima, Washington and the County of Yakima, Washington (herein called the "Sponsor") From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated July 31, 2001, for a grant of Federal funds for a project at or associated with the Yakima Air Terminal which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Rehabilitate Taxiways B and C, including general aviation apron; Construct Aircraft Rescue and Fire Fighting (ARFF)/service road; all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (10-89) Page 2 of 6 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, U.S.C., Subtitle VII, Part B, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety (90) percentum of all allowable Project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $1,081,667.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the Title 49, U.S.C., Section 47108 (b), the following amounts are being specified for this purpose: $ 0.00 for planning $1,081,667.00 for airport development or noise program implementation 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the provisions of Title 49, U.S.C., Subtitle VII, Part B. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 15, 2001, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of FAA Form 5100-37 PG 2 (10-89) Page 3 of 6 pages the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions 9. It is understood and agreed that the City of Yakima, Washington and the County of Yakima, Washington authorized the execution of the Application for Federal Assistance and Standard DOT Title VI Assurances both dated July 31, 2001, on their behalf by Bob Clem, Airport Manager, and that they jointly and severally adopted and ratified the representations and assurances contained therein; and that the word "Sponsor" as used in the project application and other assurances is deemed to include the City of Yakima, Washington and the County of Yakima, Washington. 10. It is understood and agreed by the parties hereto that the maximum obligation of the United States for this grant agreement may, if requested by the Sponsor and approved by the FAA, be increased as provided in Title 49, U.S.C., Section 47108 (b) to cover increased eligible and allowable development project costs. Upon approval of the Sponsor's request for such an increase, FAA will advise the Sponsor by letter of the new grant amount. Issuance of such letter will constitute an amendment to this agreement and the maximum grant obligation of the United States will be adjusted to the amount specified. 11. It is understood and agreed by and between the parties hereto that this grant is made and accepted upon the basis of preliminary plans and specifications for the Aircraft Rescue and Fire Fighting (ARFF)/service road; and the parties hereby covenant and agree that within 90 days from the date of acceptance of this Grant Offer, the sponsor shall furnish final plans and specifications for the road to the FAA and that no construction work for the road will be commenced hereunder nor will there be any advertisement for bids for accomplishment of such work until the said final plans and specifications have been approved by the FAA; and the parties do hereby further covenant and agree that any reference made in this Grant Offer or in the aforesaid project application to plans and specifications shall be considered as having reference to said final plans and specifications. 12. By acceptance of this grant, sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: 1. The name of the person representing the sponsor who has overall responsibility for contract administrations for the project and the authority to take necessary actions to comply with the contract. 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project together with a description of the services to be provided. 3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation referenced in the contract specifications (D 3666, C 1077). FAA Form 5100-37 PG 3 (10-89) Page 4 of 6 pages 4. Qualifications of engineering supervision and construction inspection personnel. 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. 6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, that the proper corrective actions, where necessary are undertaken. b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of - tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph 2, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 13. Unless otherwise approved by the FAA, it will' not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provide under this grant. The sponsor will include in every contract a provision implementing this special condition. FAA Form 5100-37 PG 4 (10-89) Page 5 of 6 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by Title 49, U.S.C., Subtitle VII, Part B, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By J. Wade Bryant, Manager,/ Seattle Airports District Office Part II - Acceptance The Sponsor does hereby ratify and accept all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this i day of . (SEAL) CtlY COYiRACT NO' d t r,..1 ` '16 .� Y Assou1 oN w: , r'l Title: Attest ` 3 Title:.. , 2001. City of Yakima, Washington Sponsor's Desated Official Representative CERTIFICATE OF SPONSfR'S ATTORNEY 72_,r.II, , 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 relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and Title 49, U.S.C., Subtitle VII, Part B. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at. - 1 this day of X1001. Signature of Sponsor's Attorney FAA Form 5100-37 PG 5 (10-89) Page 6 of 6 pages Part II - Acceptance The Sponsor does hereby ratify and accept all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of , 2001. (SEAL) Attest: County of Yakima, Was ington Sponsor's i sig ted Official Representative Title:CNA e'p24! itle• C . ,/ 4-72 CERTIFICATE OF SPONSOR'S ATTORNEY I, /Ro et//4-1,-.b -21 ielc E , 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 relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and Title 49, U.S.C., Subtitle VII, Part B. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance /with the terms thereof. Dated at. . ,4-.. 1`1.14' (IA this .-1C"" day of . Septei,6`v' , 2001. /62 Signature . ' onsor's Attorney FAA Form 5100-37 PG 6 (10-89) Section 2 FAA Grant Application (Resolution - AIP-22, 8/01) p vim1 §rippiuvat flU. 1.1.3440-UU4S 2. DATE APPLIpp CATION FOR FOR FEDERAL ASSISTANCE SUBMITTED July 31, 2001 ;pplicantIdentifier 1. TYPE OF SUBMISSION: Application Preapplication ® Construction ❑ Construction 3. DATE RECEIVED BY STATE State Application Identifier ❑ Non -Construction 0 Non -Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5. APPLICANT INFORMATION Legal Name: Yakima Air Terminal Board Organizational Unit: Yakima Air Terminal - McAllister Field Address (give city, county, state, and zip code) Yakima Air Terminal 2400 West Washington Avenue Yakima, Washington 98903 Name and telephone number of the person to be contracted on matters involving this application (give area code) Jerry G. Kilpatrick, Airport Supervisor Telephone (509) 575-6149, FAX (509) 575-6185 email - ykm@nwinfo.net EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT. (enter appropriate letter in box) — 1...1 .�1 A. State H.Interdependent School District B. County I. State Controlled Institution of Higher Learning C. Municipal J. Private University 8. TYPE OF APPLICATION: If Revision, enter A Increase Award D Decrease /,1 New appropriate letter(s) B Duration Other Decrease Continuation in box(es): Award (specify) C Revision ❑ Increase ■ Duration D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify) Part 139 Certificated Public Airport 9. NAME OF FEDERAL AGENCY Federal Aviation Administration, Seattle ADO 1601 Lind Avenue SW, Renton, WA 98055-4056 10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ASSISTANCE NUMBER TITLE: Airport Improvement 0 , 0 6 1) Bravo Taxiway Rehabilitation Program (AIM Project 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): Central Washington State, including City and County of Yakima. 2) Construct ARFF/Service Roads 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date 9/01 Ending Date 12/01 a. Applicant Fourth b. Project Fourth 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 a. Federal $ 1,081,667 • PROCESS a. YES,THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON b. Applicant $ 309,560 • c. State $ . DATE: d. Local $ b. NO PROGRAM IS NOT COVERED BY E. O. 12372 e. Other $ ■ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program income $ . 17. 15 THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 1,391,237 • ❑ Yes If yes, attach an explanation lir No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN TI -115 APPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED a. Typed Name of Authorized Representative Bob Clem b. Title Airport Manager c. Telephone number 509-575-6149 d. Signature of :. -Deed Representa "v G e. Date Signed 7/37 f Authorized for Local Reproduction Standard Form 424 (REV 4-88) Prescribed by OMB Circular A-102 U.S. DEPARTMENT OF TRANSPORTATION ; EDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A OMB NO. 80-R0184 Item 1 Does this assistance request require State, local, regional, or other priority rating? Yes No Name of Governing Body Priority Item 2. Does this assistance request require State, local advisory, educational or health clearances? ❑Yes ®No Name of Agency or Board (Attach Documentation) Item 3 Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? ❑Yes No (Attach Comments) Item 4 Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? Date ❑Yes No Item 5. Is the proposed project covered by an approved comprehensive plan? Check One: State Local Regional ®Yes ❑No Location of plan Airport Master Plan Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Federal Population benefiting from Project ❑Yes No Item 7 Will the assistance requested be on Federal land or installation? Name of Federal Installation Location of Federal Land ❑Yes No Percent of Project Item 8 Will the assistance requested have an impact or effect on the environment? ❑Yes No Number of: Item 9. Individuals Will the assistance requested cause the displacement of Families individuals, families, businesses, or farms? Businesses ❑Yes No Farms Item 10. ,s there other related Federal assistance on this Droject previous, pending, or anticipated? EYes No 'AA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION PART II— SECTION C OMB NO. 80-R0184 The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Airport Safety Overlay Zone included in: 1) Yakima Urban Area Comprehive Zoning Ordinance; Yakima County Zoning Ordinance; City of Union Gap Zoning Ordinance 2. Defaults. — The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: Not in default. 3. Possible Disabilities. — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None t. Land. — (a) The sponsor holds the following property interest in the following areas of land* which are to be ieveloped or used as part of or in connection with the Airport subject to the following exceptions, ;ncumbrances, and adverse interests, all of which areas are identified on the aforementioned property map lesignated as Exhibit "A": itefer to "Exhibit A", Airport Property Map dayed 2/84. 'State character of property interest in each area and list and identify for each all exceptions, encumbrances, ind adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas )f land need only be identified here by the area numbers shown on the property map. AA Form 5100-100 (4-76) Page 3a FAA AC 81-06913 U.S. DEPARTMENT OF TRANSPORTATION .=EEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184 PART II — SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (a)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None 5. Exclusive Rights. — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-78) Page 3b FAA AC 81.08913 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184 PART III— BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No.. .... 2. Functional or Other Breakout. 20-106 SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Latest Approved Amount Adjustment + or (-) Total Amount Required 1. Administration Expense $ $ $ 30,000.00 2. Preliminary Expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 74,302.00 5. Other architectural engineering fees 6. Project inspection fees 138,407.00 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 1,148,528 00 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 1,391,237.00 15. Estimated Income (if applicable) -0- 16. Net Project Amount (Line 14 minus 15) 1,139,237.00 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 1,391,237.00 20. Federal Share requested of Line 19 1,081,667.00 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20 & 21) 1,081,667.00 23. Grantee share 309,560.00 24. Other shares -0- 25. Total project (Lines 22, 23, & 24) 1,391,237.00 orm 5100.100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184 SECTION C - EXCLUSIONS Classification 26 Ineligible for Participation (1) Excluded from Contingency Provision a. $ (2) b.. 0. d. e. f. g. Totals SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ PFC 'S - 309,560.00 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g .Other (Explain) h .TOTAL — Grantee share 309,560.00 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 309,560.00 SECTION E - REMARKS grantee's share is PFC revenues from PFC 5 and 6. AA Form 5100.100 (6-731 SLJPFRRGnFR F PARTPriPRAFIV PROGRAM NARRATIVE (Attach - See Instructions) FAA AC 75-023 PAGE 5 PART IV PROGRAM NARRATIVE PROJECT: 1) Bravo Taxiway Rehabilitation Project, and, 2) Service/ARFF Roadway Construction AIRPORT: Yakima Air Terminal - McAllister Field, Yakima, Washington 1. Objective: 1) Rehaibiltate Bravo taxiway north of "A" Taxiway, including a portion of "C" taxiway and a 25,000 sq. ft. general aviation ramp. 2) To reduce the potential for surface incident or runway and/or taxiway incursion by vehicles. 2. Benefits Anticipated: 1) Prevent Foreign Object Damage to aircraft engines and propellers and to extend useful life of paved surfaces. 2) Increased level of safety in line with FAA policy on prevention of incients and incursions. 3. Approach: (See approved Scope of Work in final Application) 1) Grind and overlay existing asphalt surfaces, including excavation and construction of GA ramp. 2) Excivate base, add geotextile fabric, sub -base rock, and asphalt wearing course. This project will utilize WSDOT paving specifications. 4. Geographic Location: Yakima Air Terminal, Yakima, Washington 5. Justification for Force Account Work: (if applicable) Airport personnel will provide: Construction scheduling assistance (Contractor/FBO/User coordination), NOTAMs', Technical assistance in locating underground utilities, and, construction and aviation safety monitoring. 6: Sponsor's Representative: (incl. address & tel. no.) Jerry G. Kilpatrick, Airport Supervisor Yakima Air Terminal 2400 West Washington Avenue Yakima, WA 98903 Telephone - 509-575-6149 FAX - 509-575-6185 CIP/PREAPPLICATION DATA SF 7T AIRPORT: Yakima Air Terminal (YKM) LOCAL PRIORITY: UPDATED: 7/30/01 WORK I'LEM: Bravo Taxiway Rehabilitation Project - See attached project map. SKETCH: SPONSOR SIGNATURE: 47N— DATE: COST ESTEVIATE: $921,555 Item (Excavation, Paving, etc.) ADMINISTRATION: ENGINEERING: INSPECTION: ADO USE: PREAPP NO: $ 15,000 1: $ 4: $ $ 48,384 2: $ 5: $ $ 84,984 3: $ TOTAL: $ 1,069,923 GRANT NO: ADO- Form Ala Page 5 NPIAS CODE: WORK CODE: FAA PRIOR: FED $ cum!! ita rlii i vi i ic°ti - GUU 1 D 1 dXIWa rayn• rroject Area No. 1-186,175 sq.ft. (20,686 sq.yd) Rotomill - 3/4" to 1" Old Surface Crack SeaVRepair Underlying Pavement Install Petromat Overlay - 4" P-401 Asphalt Concrete Pavement Re -paint Pavement Markings Area No. 2 - 89,403 sq.ft. (9,934 sq.yd.) Rotomill Transitions at 4-22 And A-1 Taxiway Crack Seal/Repair Underlying Pavement Install Petromat Overlay - 4" P-401 Asphalt Concrete Pavement Cover 4 ea. Catch Basins in Concrete Gutter Pave Concrete Gutters - 700 If. e -paint Taxiway Markings N18 Aa,No. 3 - 2500-sq,ft. (3,728 sq.yd.) Excavate -Existing A/Pav ment & Base (16") Comp Dt-?rrb_base - A brie Membrane , - Install and Compact 10" - 9-21/2"Minu Install and Compact 3" P 2 9 5/8" )ars ' Install and Compact 3" 1 sphalt (2' ifts) Install Tie- . . ' • n-Ancho Pa t-Tied•wn'Ts" and 6 Edge Lines Area No. 4 -105,352 sq.ft. (11,706 sq.yd.) Rotomill Off 2" Old Surface Rotomill Transitions Install Petromat Install and Compact P-401 Asphalt per plans Pave Existing Concrete Gutters Paint Taxiway Markings 34 N38 N4 `:IP/PREAPPLICATION DATA SF 'T AIRPORT: Yakima Air Terminal (YKM) LOCAL PRIORITY: UPDATED: 7/30/01 WORK I'1'1 M: ARFF/Service Road Construction Project - See attached project map. SKETCH: SPONSOR SIGNATURE: DATE: ~f �3/fcai COST ESTIMATE: $226,973 Item (Excavation, Paving, etc.) ADMINISTRATION: ENGINEERING: INSPECTION: ADO USE: PREAPP NO: $ 15,000 1: $ 4: $ $ 25,918 2: $ 5: $ $ 53,423 3: $ TOTAL: $ 321,314 GRANT NO: ADO- Form Ala Page 6 NPIAS CODE: WORK CODE: FAA PRIOR: FED $ — 10' Wide by 1,750 LF ARFF Road Proposed Hangars ea.W,�r Yakima Air Terminal - McAllister Field ARFF Road/West Perimeter Service Road Plath Hangar USDA Pvt. Hangars — 18' Service Road, Z190 W. Noland Decoto Maintenance Facility — Airport Maintenance Shop/SRE Storage Facility Federal Express — Noland Decoto Flying Service — Airport Admin. — Fire Station/ARFF Passenger Terminal 4G CREEN ROAD COOLIDGE ROAD 549 SYS ASSURANCES Appendix 1 Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle Vil, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 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. Airport Assurances (9/99) 1 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(0.1 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 I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(0) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. p. American Indian Religious Freedom Act, P.L. 95 -341, -as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq. 1 r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.G. 327, et seq.1 t. Copeland Antikickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1 v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity) Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction) Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 e. 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 f. 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 g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 Airport Assurances (9/99) 2 Appendix 1 49 CFR Part 20 - New restrictions on lobbying. j. 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. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.1 2 m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. m. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.1 n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.1 o. 49 CFR Part 29 — Government wide debarment and suspension (non - procurement) and government wide requirements for drug-free workplace (grants). p. 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. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.1 Office of Management and Budget Circulars a. A-87 — Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A-133 - Audits of States, Local Governments, and Non -Profit Organizations 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. Airport Assurances (9/99) 3 Appendix 1 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It, 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 the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. Airport Assurances (9199) 4 Appendix 1 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 the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are -authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 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 Airport Assurances (9/99) 5 Appendix 1 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 Recordkeeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the 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 the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 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 the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in Airport Assurances(9I99) 6 Appendix 1 accordance with reg_ .,cions and procedures prescribed by the St. _. etary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. it will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and alt 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 Airport Assurances (9/99) 7 Appendix 1 (3) Promptly notifying airmen of any cor,..ion affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an. airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (e) 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, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, Airport Assurances (9/99) 8 Appendix 1 Appendix 1 conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by 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. 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 atthe 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 Assurances (9/99) 9 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. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 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 the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and 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: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and Airport Assurances (9/99) 10 Appendix 1 (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portionthereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property Airport Assurances (9/99) 11 Appendix 1 Appendix 1 (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (32)For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or Airport Assurances 9/99) 12 Appendix 1 related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated Vif y, and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart 8 of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 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 recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). Airport Assurances (9/99) 13 CURRENT FA/ ' DVISORY CIRCULARS FOR •P/PFC PROJECTS Updated on: 7/1/99 The following apply to both AIP and PFC Projects NUMBER TITLE 70/7460-13 150/5000-13 150/5210-513 150/5210-713 150/5210-13A 150/5210-14A 150/5210-15 150/5210-18 150/5210-19 150/5220-4B 150/5220-10B 150/5220-13B 150/5220-16B 150/5220-17A 150/5220-18 150/5220-19 150/5220-20 CHG 1 150/5220-21A 150/5300-13 CHG 1, 2,3,4,5 150/5300-14 150/5320-5B 150/5320-6D 150/5320-12C 150/5320-14 150/5320-16 150/5325-4A CHG 1 150/5340-1G 150/5340-4C CHG 1 & 2 150/5340-513 CHG 1 150/5340-1413 CHG1&2 150/5340-17B 150/5340-18C CHG 1 150/5340-19 150/5340-21 150/5340-23B 150/5340-24 CHG 1 150/5340-27A 150/5345-3D 150/5345-5A Obstruction Marking and Lighting Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Fire and Rescue Communications Water Rescue Plans, Facilities, and Equipment Airport Fire and Rescue Personnel Protective Clothing Airport Rescue & Firefighting Station Building Design Systems for Interactive Training of Airport Personnel Driver's Enhanced Vision System (REVS) Water Supply Systems for Aircraft Fire and Rescue Protection Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles Runway Surface Condition Sensor Specification Guide Automated Weather Observing Systems for NonFederal Applications Design Standards for Aircraft Rescue Firefighting Training Facilities Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles Airport Snow and Ice Control Equipment Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments Airport Design Design of Aircraft Deicing Facilities Airport Drainage Airport Pavement Design and Evaluation Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces Airport Landscaping for Noise Control Purposes Airport Pavement Design for the Boeing 777 Airplane Runway Length Requirements for Airport Design Standards for Airport Markings Installation Details for Runway Centerline Touchdown Zone Lighting Systems Segmented Circle Airport Marker System Economy Approach Lighting Aids Standby Power for Non -FAA Airport Lighting Systems Standards for Airport Sign Systems Taxiway Centerline Lighting System Airport Miscellaneous Lighting Visual Aids Supplemental Wind Cones Runway and Taxiway Edge Lighting System Air -to -Ground Radio Control of Airport Lighting Systems Specification for L821 Panels for Remote Control of Airport Lighting Circuit Selector Switch 150/5345-7D CHG 1 150/5345-10E 150/5345-12C 150/5345-13A 150/5345-26B CHG1&2 150/5345-27C 150/5345-28D CHG 1 150/5345-39B CHG 1 15015345-42C CHG 1 150/5345-43E 150/5345-44F CHG 1 150/5345-45A 150/5345-46A 150/5345-47A 150/5345-49A 150/5345-50 CHG 1 150/5345-51 CHG1 150/5345-52 150/5345-53A (incl. addendum) 150/5360-9 150/5360-12A 150/5360-13 CHG 1 150/5370-2C 150/5370-10A. CHG 1, 2, 3, 4, 5, 6, 7, 8, 9 150/5390-2A 150/5390-3 NUMBER 150/5100-14C 150/5200-30A CHG1&2 150/5200-33 150/5300-15 150/5370-11 CHG 1 150/5370-12 150/5370-6B NUMBER 150/5000-12 Spe. ..cation for L824 Underground Electrical Cable _ r Airport Lighting Circuits Specification for Constant Current Regulators Regulator Monitors Specification for Airport and Heliport Beacon Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits Specification for L823 Plug and Receptacle, Cable Connectors Specification for Wind Cone Assemblies Precision Approach Path Indicator (PAPI) Systems FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories Specification for Obstruction Lighting Equipment Specification for Taxiway and Runway Signs Lightweight Approach Light Structure Specification for Runway and Taxiway Light Fixtures Isolation Transformers for Airport Lighting Systems Specification L854, Radio Control Equipment Specification for Portable Runway Lights Specification for Discharge -Type Flasher Equipment Generic Visual Glideslope Indicators (GVGI) Airport Lighting Equipment Certification Program Planning and Design of Airport Terminal Facilities at NonHub Locations Airport Signing & Graphics Planning and Design Guidance for Airport Terminal Facilities Operational Safety on Airports During Construction Standards for Specifying Construction of Airports Heliport Design Vertiport Design The following apply to AIP Projects only TITLE Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Airport Winter Safety and Operations Hazardous Wildlife Attractants On or Near Airports Use of Value Engineering for Engineering Design of Airport Grant Projects Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements Quality Control of Construction for Airport Grant Projects Construction Progress and Inspection Report -Airport Grant Program The following apply to PFC Projects only TITLE Announcement of Availability - Passenger Facility Charge (PFC) Application (FAA Form 5500-1) XNDARD DOT TITLE VI ASSURE' ';ES The Yakima Air Terminal Board (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. 8. It agrees that the United St_ .s has a right to seek judicial enforcemei.,. with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED 2 /4//..; / Bob CIem, Airport Manager, Yakima Air Terminal (Sponsor) (Signature of Authorized Official) CO} �" RACTOR CONTRACTUAL REOUIP`, TENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix 13 of the Regulations. 3. Solicitations for Subcontracts. Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation. of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEED` T,ICENSES, LEASES, PERMITS OR S'- '1LAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and Ieases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. REQUIRED STATEMENTS AIF RT M'ROVEMENT PROGRAM PROJ 'S AIRPORT: Yakima Air Terminal — McAllister Field (YKM) LOCATION: Yakima, Washington AIP PROJECT NO.: AIP 3-53-0089-22 STATEMENTS APPLICABLE TO THIS PROJECT: Construct Service/ARFF Roads • a. INTEREST OF NEIGHBORING COMMUNII'LjS: In formulating this project, consideration has been given to the interest of communities that are near (Exact name of airport)Yakima Air Terminal — McAllister Field. • b. THE DEVELOPMENT PROPOSED IN i'H1S PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction. ® c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing (Exact name of airport) Yakima Air Terminal — McAllister Field, and they have been informed regarding the scope and nature of this project. • d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked). BY: Bob Clem TITLE Airport Manager DATE: 2 //r SPONSORING AGENCY: Yakima Air Terminal Board NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; None b. The nature and basis of opposition; c. Sponsor's plan to accommodate or otherwise satisfy the opposition; d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; f. Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits to be gained by the proposed development; and h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. ADO- Fenn Ala Page 8 REQUIRED STATEMENTS MRPOI. _MPROVEMENT PROGRAM PROJECTS AIRPORT. Yakima Air Terminal, Yakima, Washington LOCATION: Yakima Air Terminal AIP PROJECT NO.: AIP 3-53-0089-22 STATEMENTS APPLICABLE TO THIS PROJECT: Bravo Taxiway Rehabilitation Project ® a. INTEREST OF NEIGHBORING COMMIUNITIES: In formulating this project, consideration has been given to the interest of communities that are near (Exact name of airport)Yakima Air Terminal - McAllister Field. ® b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned Iand from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction. ® c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing (Exact name of airport) Yakima Air Terminal - McAllister Field, and they have been informed regarding the scope and nature of this project. ® d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked). BY: ,r _ �r DATE: 7' 3%/D / TITLE: Bob Cleni, Airport Manager SPONSORING AGENCY: Yakima Air Terminal Board NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons b. The nature and basis of opposition; None c. Sponsor's plan to accommodate or otherwise satisfy the opposition; d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; f. Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits to be gained by the proposed development; and h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. CERTIFIC/ 'ION FOR CONTRACTS, GR 'TS, LOANS, Al -.4.0 COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shaII complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Sponsor's Authorized Representative Title Bob Clem, Airport Manager Date CERTIFICATION P—=ARDING DRUG-FREE WORKPI `;E REQUIREMENTS Al,__nate I. (Grantees Other Than Indiv:uaals) A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug-free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requir; such employee to participate satisf; rily in a drug abuse assistance or rehabilitatio._ program approved for such purposes uy a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Yakima Air Terminal - McAllister Field 2400 West Washington Avenue Yakima, WA 98903 Check E if there are workplaces on file that are not identified here. Signature of certifying official Bob Clem, Airport Manager Title 773 21 / Date TITLE VI SPONSOR CHECKLIS" Nondiscrimination on the basis of race, color or national origin Airport/Sponsor: Yakima Air Terminal Board AL' #: AIP-3-53-0089-22 Project Description(s): 1) Bravo Taxiway Rehabilitation Project, 2) ARFF/Service Roads 1) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data concerning the race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or national origin. ® None 2) Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor. Include a summary of the findings. ® None (If "None", continue with questions 3 and 4). 3) Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. ® None 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. ® None Review completed and approved: Date: To be completed by the Civil Rights Staff Signature This checklist is only required for projects that involve one of the following: Environmental Assessment or Impact Statement (EIS); airport or runway relocation; major runway extension; relocation of any structure of person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population. Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW; Renton, WA 98055-4056. FAX: (425) 227-1009 Phone (425) 227-2009 For more Title VI information visit the Civil Rights website at http://www.nw.faa.govicivilrights/home.htm DEPARTMENT OF TRANSPORTATION - FEC . AVIATION ADMINISTRATION PREAPPLICATION FOR FEDERAL ASSISTANCE PART ll OMB NO. 80-R0187 1. Does this assistance request require State, local, regional or other priority rating? 2. Does this assistance request require State or local advisory, educational or health clearance? Yes X No 3. Does this assistance request require Clearinghouse review? Yes X No 4. Does this assistance request require State, local, regional or other planning approval? Yes X No 5. Is the proposed project covered by an approved comprehensive plan? Airport Master Plan Yes X No 6. Will the assistance requested serve a Federal installation? X Yes No 7. Will the assistance request be on Federal land or installation? Yes X No 8. Will the assistance requested have an effect on the environment? Yes X No 3. Wilt the assistance requested cause the displacement of individuals, families, businesses , or farms'? Yes X No 10. Is there other related assistance for this project previous, pending, or anticipated? Yes X No Yes X No PART III - PROJECT RI 'nrtrT FEDERAL CATALOG NUMBER (a) TYPE OF ASSISTANCE LOAN, GRANT, ETC. (b) FIRST BUDGET PERIOD (c) BALANCE OF PROJECT (d) TOTAL • 20-106 (e) $1,081,667 • . Total Federal Contribution $ $ $ $1,081,667 . State Contribution -0— s . Applicant Contribution $309,560 . Other Contribution -0— 3. Total $ $ $ $1,391,237 PART IV - PROGRAM NARRATIVE STATEMENT (Attach per instruction) 74_47))_ ,-.,, e r,, n,,,.,, 1 SPOriSOR CER1JJ ICATION FOR SELECTION OF CONSULTANTS Yakima Air Terminal Board Yakima Air Terminal - McAllister Field Sponsor's Name Airport ARFF/Service Road Construction Project Project Description AIP 3-53-0089-22 Attachment 1 Project Number Section 47105 (d) of Title 49, U.S.C, Subtitle VII, Part B (P.L.103-272, as amended), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors form fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "no" response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A". General procurement standards for consultant services within Federal grant programs are described in 49 CFR 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14. 1. Advertisements were placed to ensure fair and open competition from a wide area of interest. 2. For contracts over 525,000, consultants were selected using competitive procedures based on qualifications, experience, and disadvantaged business enterprise requirements with the fee determined through negotiation. 3. An independent cost analysis was performed, and a record of negotiations has been prepared reflecting the considerations involved in the establishment of fees. 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval was obtained from FAA. 5. The consultant services contracts clearly establish the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 6. Costs associated with work ineligible for AIP funding are clearly identified and separated from eligible items. 7. All mandatory contract provisions for grant -assisted contracts have been included in all consultant services contracts. 8. If the contract is awarded without competition, pre -award review and approval was obtained from FAA. 9. Cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards were not used. 10. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was specifically described in the advertisement, and future work will not be initiated beyond three years. Yes® No❑ N/A❑ Yes® No❑ N/A❑ Yes® No❑ N/A❑ Yes❑ No❑ N/A® YesZ No❑ MAO Yes® No❑ N/A❑ Yes® No❑ N/A❑ Yes❑ No❑ N/A® Yes❑ No N/A❑ Yes❑ No❑ N/A® I certify that, for the project identified herein, the responses to the forgoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: Sponsor's Authorized Representative Bob Clem, Airport Manager Typed Name and Title of Sponsor's Representative SEA -ADO -Form C7 Page 18 Dated: / .3/1 / SPONSOR CER1'1IJCATION FOR SELECTION OF CONSULTANTS Yakima Air Terminal Board Yakima Air Terminal - McAlIister Field Sponsor's Name Airport Bravo Taxiway Rehabilitation Project Project Description AIP 3-53-0089-22 Attachment 1 Project Number Section 47105 (d) of Title 49, U.S.C, Subtitle VII, Part B (P.L.103-272, as amended), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors form fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "no" response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A". General procurement standards for consultant services within Federal grant programs are described in 49 CFR 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14. 1. Advertisements were placed to ensure fair and open competition from a wide area of interest. 2. For contracts over $25,000, consultants were selected using competitive procedures based on qualifications, experience, and disadvantaged business enterprise requirements with the fee determined through negotiation. 3. An independent cost analysis was performed, and a record of negotiations has been prepared reflecting the considerations involved in the establishment of fees. 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval was obtained from FAA. 5. The consultant services contracts clearly establish the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 6. Costs associated with work ineligible for AIP funding are clearly identified and separated from eligible items. 7. All mandatory contract provisions for grant -assisted contracts have been included in all consultant services contracts. 8. If the contract is awarded without competition, pre -award review and approval was obtained from FAA. 9. Cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards were not used. 10. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was specifically described in the advertisement, and future work will not be initiated beyond three years. Yes® No❑ N/A❑ Yes® No❑ MAO Yes® No❑ N/A❑ Yes❑ No N/A® Yes® No❑ N/A❑ Yes® No❑ N/A❑ Yes® No❑ MAO Yes❑ No❑ N/A® Yes❑ No N/A❑ Yes No❑ N/A® I certify that, for the project identified herein, the responses to the forgoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: Sponsor's Authorized Representative Bob Clem, Airport Manager typed Name and Title of Sponsor's Representative i'E4 ADO -Form C7 Page 18 Dated: SPONSOR CE1 1IFICATION FOR PROJECT PLANS AND SPECIFICATIONS Yakima Air Terminal Board Yakima Air Terminal - McAllister Field Sponsor's Name Airport AR.FF/Service Road Construction Project Project Description ATP 3-53-0089-22 Project Number Attachment 2 Section 47105 (d) of Title 49, IT.S.C, Subtitle VII, Part B (P.L.103-272, as amended), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major •equirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors form fully !omplying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a 'no" response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item N/A". General AIP standards are described in Advisory Circular 150/5100-6, 150/5100-15, and 150/5100-16. A list of current advisory ircular with specific standards for design or construction of airports and procurement or installation of airport equipment and facilities referenced in Grant Assurance 34. . The plans and specifications were developed in accordance with all applicable Federal standards and equirements, and no deviation from or modification to standards set forth in the advisory circular (was) (*AR- O necessary other than those previously approved by FAA. Specifications for the procurement of equipment are not proprietary or written so as to restrict competition. t least two manufacturers can meet the specification. The development included in the plans is depicted on an airport layout plan approved by FAA. Development which is ineligible for AIP funding has been omitted from the plans and specifications, or eluded on a separate bid schedule. Process control and acceptance tests required for the project by standards contained in Advisory Circular 0/5370-10 are included in the project specifications. If a value engineering clause is incorporated into the contract, concurrence was obtained from FAA. The plans and specifications incorporate applicable requirements and recommendations set forth in derally-approved environmental finding. For construction activities within or near aircraft operational areas, the requirements contained in Advisory •cular 150/5370-2 have been discussed with FAA and incorporated into the specifications. A safety/phasing n has been prepared, the FAA concurrence (has been) (will be) obtained, if required. The project will be physically completed without Federal participation in costs due to errors or omissions in plans and specifications which were foreseeable at the time of project design. Yes® NoD N/AEJ Yes® NoD N/AD Yes® NoD N/AD Yes❑ No❑ N/A® Yes NoD N/AD Yes❑ No N/A® Yes Not] N/A® YesE NoD N/AD Yes® NoD NIAD 'ray that, for the project identified herein, the responses to the forgoing items are correct as marked, and that the attachments, if any, correct and complete. ed: Sponsor's Authorized Representative Cern, Airport Manager Name and Title of Sponsor's Representative ADO -Form C7 Page 19 Dated: 3/,/a/�1 3% i SPONSOR C 'IFICATION FOR PROJECT PLANS AND 5. IFICATIONS Yakima Air Terminal Board Yakima Air Terminal - McAllister Field Sponsor's Name AIP 3-53-0089-22 Airport Project Number Bravo Taxiway Rehabilitation Project Project Description Attachment 2 Section 47105 (d) of Title 49, U.S.C, Subtitle VII, Part B (P.L.103-272, as amended), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors form fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "no" response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A". General AIP standards are described in Advisory Circular 150/5100-6, 150/5100-15, and 150/5100-16. A list of current advisory circular with specific standards for design or construction of airports and procurement or installation of airport equipment and facilities is referenced in Grant Assurance 34. L The plans and specifications were developed in accordance with all applicable Federal standards and -equirements, and no deviation from or modification to standards set forth in the advisory circular (was) oej necessary other than those previously approved by FAA. ;. Specifications for the procurement of equipment are not proprietary or written so as to restrict competition. it least two manufacturers can meet the specification. . The development included in the plans is depicted on an airport layout plan approved by FAA. . Development which is ineligible for ALP funding has been omitted from the plans and specifications, or winded on a separate bid schedule. Process control and acceptance tests required for the project by standards contained in Advisory Circular 50/5370-10 are included in the project specifications. If a value engineering clause is incorporated into the contract, concurrence was obtained from FAA. The plans and specifications incorporate applicable requirements and recommendations set forth in aderaily-approved environmental finding. For construction activities within or near aircraft operational areas, the requirements contained in Advisory ircular 150/5370-2 have been discussed with FAA and incorporated into the specifications. A safety/phasing an has been prepared, the FAA concurrence (has been) (will be) obtained, if required. The project will be physically completed without Federal participation in costs due to errors or omissions in e plans and specifications which were foreseeable at the time of project design. ;ertify that, for the project identified herein, the responses to the forgoing items are correct as marked, and that e correct and complete. Ried: b Clem, Airport Manager ped Name and Title of Sponsor's Representative A ADO -Form C7 Page 19 Dated: �c3%/0 Yes® No❑ NIA❑ Yes® NoD N/AD Yes® NoD N/AD Yes J NoD N/AE Yes® NoD N/AD Yes❑ NoD N/A® Yes❑ NoD N/A® Yes® No❑ N/AD Yes® NoD N/AD the attachments, if any, SPONSOR CERTIFICATION FOR EQUIPMENT/CONSTRUCTION CONTRACTS Yakima Air Terminal Board Yakima Air Terminal - McAllister Field Sponsor's Name Airport AIP-3-53-0089-22 Project Number Attachment 3 ARFF/Service Road Construction Project Project Description Section 47105 (d) of Title 49, U.S.C, Subtitle VII, Part B (P,L.103-272, as amended), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation, however, the list is not comprehensive, nor does it relieve sponsors form fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "no" response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A". Standards for advertising and awarding equipment and construction contracts within Federal grant programs are described in 49 CFR 18.36. Sponsors may use their procurement procedures reflecting State and local laws or regulations provided procurements conform to specific standards in 49 CFR 18 and Advisory Circulars 150/5100-6,150/5100-15, and 150/5100-16. 1. A code or standard of conduct is in effect governing the performance of the sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. 2. Qualified personnel are engaged to perform contract administration, engineering supervision, and construction inspection and testing. 3. The procurement was publicly advertised using the competitive sealed bid method of procurement. 4. The request for bids clearly and accurately describes all administrative and other requirements of the equipment and/or services to be provided. 5. Concurrence will be obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person/firm submits a responsive bid, b. The contract is to be awarded to other than the Lowest responsive and responsible bidder, c. Life cycle costing is a factor in selecting the lowest responsive bidder, and d. Proposed contract prices are more than 10% over the sponsor's cost estimate. 6. All contracts exceeding $100,000, require a bid guarantee of 5%, a performance bond of 100%, and a payment bond of 100%. 7. Contracts exceeding $100,000, contain provisions or conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contract terms. They also contain provisions requiring compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part 15). 8. All construction contracts involving labor contain provisions insuring that in the employment of labor honorably discharged Vietnam era veterans and disabled veterans will be given preference. 9. All construction contracts exceeding $2,000 contain provisions requiring compliance with the Davis -Bacon Act and bid solicitations contain a copy of the current Federal wage rate determination. Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and the Copeland "Anti Kick Back" Act are included. 10. All construction contracts exceeding $10,000 contain appropriate clauses form 41 CFR Part 60 for compliance with Equal Employment Opportunity Executive Order 11246. 11. All contracts and subcontracts contain clauses required from Title VI Civil Rights Assurances and 49 CFR23 for Disadvantaged Business Enterprise. 12. Appropriate checks have been made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any DOT element and appearing on the DOT Unified List. I certify that, for t complete. Signed: Yes® NoD N/AJ Yes NoD N/A❑ Yes® NoD N/AD Yes® No❑ N/AD Yes® NoD N/AD Yes® NoD N/AD Yes® NoD N/AD Yes® NoD N/A❑ Yes® NoD N/A❑ Yes® No❑ N/AD Yes® NoD N/AD Yes® NoD N/AjI ect identifiedein, the responses to the forgoing items are correct as marked, and that the ttachm nts, if any, are correct and i,...--. Dated: /p / Sponsor's Authorized Representative Bob Clem, Airport Manager Typed Name and Title of Sponsor's Representative SEA -ADO -Farm C7 Page 20 SPOirSOR CERTIFICATION FOR EQUIPMENT/CONSTRUCTION CONTRACTS Yakima Air Terminal Board Yakima Air Terminal - McAllister Field Sponsor's Name Airport AIP-3-53-0089-22 Attachment 3 Project Number Bravo Taxiway Rehabilitation Project Project Description Section 47105 (d) of Title 49, U.S.C, Subtitle VII, Part B (P.L.103-272, as amended), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors form fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "no" response must be hilly explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A". Standards for advertising and awarding equipment and construction contracts within Federal grant programs are described in 49 CFR 18.36. Sponsors may use their procurement procedures reflecting State and local Iaws or regulations provided procurements conform to specific standards in 49 CFR 18 and Advisory Circulars 150/5100-6,150/5100-15, and 150/5100-16. 1. A code or standard of conduct is in effect governing the performance of the sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. 2. Qualified personnel are engaged to perform contract administration, engineering supervision, and construction inspection and testing. 3. The procurement was publicly advertised using the competitive sealed bid method of procurement. 4. The request for bids clearly and accurately describes all administrative and other requirements of the equipment and/or services to be provided. 5. Concurrence will be obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person/firm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsive and responsible bidder, c. Life cycle costing is a factor in selecting the lowest responsive bidder, and d. Proposed contract prices are more than 10% over the sponsor's cost estimate. 6. All contracts exceeding $100,000, require a bid guarantee of 5%, a performance bond of 100%, and a payment bond of 100%. 7. Contracts exceeding 5100,000, contain provisions or conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contract terms. They also contain provisions requiring compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part 15). 8. Alt construction contracts involving labor contain provisions insuring that in the employment of labor honorably discharged Vietnam era veterans and disabled veterans will be given preference. 9. Alt construction contracts exceeding 52,000 contain provisions requiring compliance with the Davis -Bacon Act and bid solicitations contain a copy of the current Federal wage rate determination. Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and the Copeland "Anti Kick Back" Act are included. 10. All construction contracts exceeding 510,000 contain appropriate clauses form 41 CFR Part 60 for compliance with Equal Employment Opportunity Executive Order 11246. 11. All contracts and subcontracts contain clauses required from Title VI Civil Rights Assurances and 49 CFR 23 for Disadvantaged Business Enterprise. 12. Appropriate checks have been made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any DOT element and appearing on the DOT Unified List. [ certify that, for the complete. Signed: Yes® NoD N/AD Yes® NoD N/AD Yes® NoD WAD YesEj NoD N/A❑ Yes® NoD N/AD Yes® No❑ N/AD Yes® NoD N/AD Yes® NoD N/AD Yes® NoQ N/AD Yes® NoD N/A❑ Yes® NoD N/AD Yes® NoD N/AD identifiedher-ihe responses to the forgoing items are correct as marked, and that the attachments.if any, are correct and Sponsor's Authorized Representative 3oh Clem, Airport Manager ryped Name and Title of Sponsor's Representative 'EA ADD -Form C7 Page 20 Dated: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 9/4/01 ITEM TITLE: Consideration of Joint Resolution Ratifying an Application, and Authorizing and Accepting a Grant Agreement for Taxiway Rehabilitation and Construction of ARFF Service Road SUBMITTED BY: Dick Zais, City Manager CONTACT PERSON/TELEPHONE: Bob Clem/575-6149 SUMMARY EXPLANATION: The Federal Aviation Administration has offered a grant in the amount of $1,081,667 to rehabilitate the Airport's Bravo and Charlie Taxiway system and to construct an Aircraft Rescue and Fire Fighting service road. The attached resolution will ratify submittal of the application for the grant (dated July 31, 2001) as well as authorize the execution and acceptance of the grant agreement. Resolution _X_ Ordinance _ Contract _ Other (Specify) Grant Agreement & Airport Letter Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Joint Resolution BOARD/COMMISSION RECOMMENDATION: Adopt Joint Resolution COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-125 2400 West Washington Ave. Yakima, Washington 9890,2 e [509) 575-6149 [509) 5/5-8105 Fax August 27, 2001 City of Yakima Yakima City Council 129 North 2nd. Street Yakima, Washington 98901 Dear Council Members: The Federal Aviation Administration has offered a Grant in the amount of $1,081,667 to rehabilitate the airport's Bravo and Charlie Taxiway system and to construct ARFF and Service Roads on the west end of the airport. The Yakima Air Terminal Board requests the Council adopt the attached resolution authorizing the City Manager and City Attorney to sign the enclosed Federal Aviation Admmistration Grant Agreement and Certificate of Sponsors Attorney, and ratify the signature of Bob Clem, Airport Manager, on the Grant Application. As you may recall from previous such resolutions, this is a formality required by the FAA. We respectfully request this action be taken at your September 4, 2001 City Council meeting. The Yakima County Commissioners have also been requested to consider this resolution at their September 4th Commissioners meeting. Thank you for your consideration in this matter Sincerely Bo . Clem Airport Manager enclosures: FAA Grant Agreement FAA Grant Application (Resolution - AIP-22, 8/01) 0 U.S. Department of Transportation Federal Aviation Administration August 23, 2001 Mr. Bob Clem Airport Manager Yakima Air Terminal 2400 West Washington Avenue Yakima, Washington 98903 Dear Mr. Clem: Seattle Airports District Office 1601 Lind Avenue, S.W., Suite 250 Renton, Washington 98055-4056 Grant offer for Yakima Air Terminal; Yakima, Washington AIP Project Number 3-53-0089-2. Enclosed are five copies of the subject grant offer. Please note that: a. The grant offer must be accepted by each cosponsor on or before September 15, 2001. b. The grant offer must be accepted by an official authorized by the governing agencies to do so. c. The "Certification of Sponsor's Attorney" relates to the acceptance and, therefore, must be made after the Sponsor's acceptance. d. After execution is complete, fax a copy of the signed grant to our office at (425) 227-1650. Also, please return three executed copies of the grant agreement to this office by malt. All applicable project -related requirements pertaining to environmental analysis and approval for this grant have been met in accordance with the guidelines contained in FAA Order 5050.4A, Airport Environmental Handbook (1985). If you have any questions in regard to acceptance of the grant offer, please contact your project manager. Sincerely, ,J., J. Wade Bryant Manager, Seattle Airports District Office cc: Washington State Aeronautics