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HomeMy WebLinkAbout06/06/2017 06C Yakima Air Terminal-McAllister Field Grant Application with the Federal Aviation AdministrationBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.C. For Meeting of: June 6, 2017 ITEM TITLE: Resolution authorizing the City Manager to apply for and, if awarded, to accept grants from the Federal Aviation Administration (FAA) for capital improvements at the Yakima Air Terminal - McAllister Field SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149 SUMMARY EXPLANATION: The Airport Improvement Program (Al P) provides grants to public agencies for planning and development of public -use airports that are included in the National Plan of Integrated Airport Systems. The Yakima Air Terminal -McAllister Field is one of many airports that are eligible to receive federal grants under this program to replace aging infrastructure and equipment. The grant funds will assist with the design and acquisition of Snow Removal Equipment (Carrier Vehicle & Blower), as well as acquisition and replacement of approximately 11 vehicle and 9 pedestrian security gates that have outlived their useful life. It is estimated both grant applications will request approximately Two Million One Hundred Thousand Dollars ($2,100,000), of which 90% of the total costs will be funded by the Federal Aviation Administration and the remaining 10% by the airport's Passenger Facility Charges. ITEM BUDGETED: STRATEGIC PRIORITY: Yes Public Safety APPROVED FORcl*� SUBMITTAL: ``City Manager STAFF RECOMMENDATION: Adopt resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Resolution 5/22/2017 Resolution Snow Removal Equipment Grant Application 5/23/2017 Backup Material Security to Improvements Grant Application 5124/2017 Backup Material RESOLUTION NO. R -2017- A RESOLUTION authorizing the City Manager to apply for and, if awarded, to accept grants from the Federal Aviation Administration (FAA) for capital improvements at the Yakima Air Terminal -McAllister Field. WHEREAS, the City owns and operates the Yakima Air Terminal -McAllister Field in accordance with applicable Federal, State, and Local regulations; and WHEREAS, the Federal Aviation Administration makes federal grants available to airports to maintain and improve airport facilities; and WHEREAS, the Yakima Air Terminal -McAllister Field has been notified that grant funds may be available to maintain and/or improve the airport upon submission of completed grant applications and satisfaction of certain conditions; and WHEREAS, the Yakima Air Terminal -McAllister Field has recently completed an Airport Master Plan Update, which details a variety of Federal Aviation Administration required capital improvement projects, including purchasing Snow Removal Equipment (Carrier & Blower) and replacing 11 vehicle and 9 pedestrian security gates; and WHEREAS, the grant applications will request a total of approximately Two Million One Hundred Thousand ($2,100,000) dollars in grant funding from the Federal Aviation Administration, of which the Federal Aviation Administration will provide up to 90% of the funds needed for capital improvements and the airport will match the remaining 10% through its Passenger Facility Charge program for said projects; and WHEREAS, the City Council deems it to be in the best interest of the City and its residents to authorize submission of grant applications to the Federal Aviation Administration for grant funds needed to accomplish the identified capital improvements and if grant funds are awarded, to accept the funds for the purposes identified in the grant application, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Manager is hereby authorized and directed to submit completed grant applications to the Federal Aviation Administration to request grant funds for purchasing Snow Removal Equipment (Carrier & Blower) and replacing 11 vehicle and 9 pedestrian security gates at the Yakima Air Terminal -McAllister Field. 2. If grant funds are awarded, the City Manager is further authorized and directed to accept said grant funds to be applied to the purposes specified above. ADOPTED BY THE CITY COUNCIL this 6th day of June, 2017. ATTEST: Sonya Claar Tee, City Clerk Kathy Coffey, Mayor 4 OMB Number: 4040-0004 Expiration Date: 10/31/2019 Application for Federal Assistance SF -424 1. Type of Submission: 2. Type of Application: If Revision, select appropriate letter(s): Preapplication N New Application F] continuation Other (Specify): Changed/Corrected Application ❑ Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: 15b. Federal Award Identifier State Use Only: 6. Date Received by State: L-1 1 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: City- of Yakima * b. Employer/Taxpayer Identification Number (EINfTIN): c. Organizational DUNS: [9:1:-=6001=293 0782126510000 d. Address: • Street1l: a29 North ?nd Street Street2: • City: lYakima County/Parish: Fy. k7m. • State: WA: Washington Province: • Country: USA; UNITED STATES • Zip / Postal Code: 9 901 e. Organizational Unit: Department Name: Division Name: [C=ity if Yakima Yakima A,- Terminal/McAllister f. Name and contact information of person to be contacted on matters involving this application: Prefix: IMr. First Name: Icliff Middle Name: L- * Last Name: IME e= Suffix: I Title: City Manage Organizational Affiliation: *Telephone Number: 1(509) 575-6000 1 Fax Number *Email: lelif-f.moore@yakimawa.gov -n Application for Federal Assistance SF -424 * 9. Type of Applicant 1: Select Applicant Type: IC: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: I Other (specify): 10. Name of Federal Agency: Federal Aviation Administration, Seattle ADO 11. Catalog of Federal Domestic Assistance Number: CFDA Title: Airport Improvement Program 12. Funding Opportunity Number: lNot Applicable * Title: Not Applicable 13. Competition Identification Number: lNot Applicable Title: Not Applicable 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment Delete Attachment [_.Yiew.Aftach 22t J 15. Descriptive Title of Applicant's Project: 3-53-0089-39 Procure Snow Removal Equipment to include a rotary plow (snowblower) Attach supporting documents as specified in agency instructions. Add Attachments] Delete I 11 1 I I I Aft a . c . h . ments i View Attachments �v Application for Federal Assistance SF -424 16. Congressional Districts Of: a. Applicant IWA-001 b, Program/Project E1=1 Attach an additional list of Program/Project Congressional Districts if needed, LAddAftachmentVie, =Delte Attachment 1 Attachment E 17. Proposed Project: a. Start Date: b. End Date: 06101/2018 18. Estimated Funding • a. Federal 810,000.00 • b. Applicant 90 000.00' • c, State • d. Local • e. Other • f Program Income *g.TOTAL 900,000.00l 19. Is Application Subject to Review By State Under Executive Order 12372 Process? a, This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. 20. Is the Applicant Delinquent On Any Federal Debt? (if "Yes," provide explanation in attachment.) F-1 Yes Z No If "Yes", provide explanation and attach 21. *By signing this application, I certify (1) to the statements contained in the list of certifications— and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances— and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) M — I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: First Name: Cliff Middle Name: * Last Name: Moore Suffix: I I `Title: City manage *Telephone Number: L(509) Fax Number: I • Email: icliff.moore@yakimawa.gov • Signature of Authorized Representative: Date Signed: —J U.S. Department of Transportation #*4%W Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 8/31/2019 r-1MM=4U4T7Pij =-a [Z= PART 11 — PROJECT APPROVAL INFORMATION Part 11 - SECTION A The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF -424 form. Item 1. Does Sponsor maintain an active registration in the System for Award Management ®Yes El No (www. SAM. gov)? Item 2. Can Sponsor commence the work identified in the application in the fiscal year the Yes [--] No [:1 N/A grant is made or within six months after the grant is made, whichever is later? Item 3. Are there any foreseeable events that would delay completion of the project? If yes, D Yes N No El N/A provide attachment to this form that lists the events. Item 4. Will the project(s) covered by this request have impacts or effects on the environment that require mitigating measures? If yes, attach a summary listing of El Yes N No El N/A mitigating measures to this application and identify the name and date of the environmental document(s). Item 5. Is the project covered by this request included in an approved Passenger Facility Charge (PFC) application or other Federal assistance program? If yes, please Fx] Yes n No Ej N/A identify other funding sources by checking all applicable boxes. The project is included in an approved PFC application. If included in an approved PFC application, does the application only address AIP matching share? E]Yes NX No El The project is included in another Federal Assistance program. Its CFDA number is below. Item 6. Will the requested Federal assistance include Sponsor indirect costs as described in El Yes 0 No [:] N/A 2 CFR Appendix V11 to Part 200, States and Local Government and Indian Tribe Indirect Cost Proposals? If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply: n De Minimis rate of 10% as permitted by 2 CFR § 200.414. E] Negotiated Rate equal to % as approved by (the Cognizant Agency) on (Date) (2 CFR part 200, appendix VII). Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs. FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 1 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 8/31/2019 PART II - SECTION B Certification Regarding Lobbying The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF -424, to which this form is attached. The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF -424 form. The Authorized Representative 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 Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, 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 Authorized Representative shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification 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. FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 2 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 8/31/2019 PART 11— SECTION C 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: An Airport Safety Overlay Zone has been adopted and is included in the Yakima Urban Comprehensive Zoning Ordinance, Yakima County Zoning Ordinance, and 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 the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows: There are no known facts or circumstances which would jeopardize the Sponsor's responsibility to this project. 4. 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. Yes, Airport Layout Plan. 5. Consideration of Local Interest — It has given fair consideration to the interest of communities in or near where the project may be located. Yes 6. Consultation with Users — In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project (§ 47105(a)(2)). Yes 7. Public Hearings — In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental' effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript 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. Not applicable. Project does not involve airport location, runway, or major runway extension. 8. 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 and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. Not applicable. Project does not involve airport location, runway, or major runway extension. FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 3 of 7 HE MEMO PART 11 — SECTION C (Continued) 9. Exclusive Rig owned or controlled by the Sponsor except as follows: 41-2AY 291P#A,2-6�2�2rtM�y 2�QAY 204,K-svhnrc• 'IF -C by the Sponsor. 10. Land — (a) The sponsor holds the following property interest in the following areas of land, which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] The land interests owned by the Sponsor is as shown on the current Exhibit A map dated April 15, 2015 which is on file with the FAA's Seattle ADO in Renton, Washington. 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. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] lflfiyffl�* 0 �M - I (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". [1] •E.. _• ' State the character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of evenj kind and nature, includin liens, easements leases etc. �Py the area numbers shown on the property map. FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 4 of 7 11 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 8/31/2019 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A — GENERAL 1. Federal Domestic Assistance Catalog Number: 20-106 2. Functional or Other Breakout: Airport Improvement Program • • • . - my, FAA Form 5100-100 (3116) SUPERSEDES PREVIOUS EDITION'' Page 5 of 7 Latest Approved Adjustment Total Cost Classification Amount + or (-) Amount Amount (Use only for (Use only for revisions revisions)Required 1. Administration expense $ 900 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 49,100 5. Other Architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 850,000 13. Miscellaneous 14. Subtotal (Lines 1 through 13) $ 900,000 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions (Section C, line 23 g.) 18. Subtotal (Lines 16 through 17) $ 900,000 19. Federal Share requested of Line 18 810,000 20. Grantee share 90,000 21. Other shares 22. TOTAL PROJECT (Lines 19, 20 & 21) -17 $ 900,000 FAA Form 5100-100 (3116) SUPERSEDES PREVIOUS EDITION'' Page 5 of 7 12 OMB CONTROL NUMBER: 2120-0569 (')RAR FYPIRaTI(1PI r)ATF• A/Z1/9ni0 SECTION E - REMARKS (Attach sheets if additional space is required) FAA Form 5100-100 (3116) SUPERSEDES PREVIOUS EDITION Page 6 of 7 13 ' OMB CONTROL NUMBER: 21o0 -O589 ' OMB EXPIRATION DATE: 031/2010 PART Ny—PROGRAM NARRATIVE (Suggested Format) PROJECT: YKM 3-53-0089-39 Procure SRE including design and construction engineering. 1. Objective: 1. The Yakima Air Terminal - McAllister Field is deficient by one rotary plow (snowblower) based on review of the existing equipment inventory, annual operations, and Priority 1 Areas identified in the Airport's Snow and Ice Control Plan. The procured equipment will replace an existing snowblower that has outlived its useful life and does not meet the required capacity. 2. Benefits Anticipated: Procurement of the rotary plow will allow the airport to meet their allowable clearance times for removing snow from the Priority 1 Area. 3. Approach: (See approved Scope of Work in Final Application) Procure one rotary plow and dedicated carrier vehicle using developed contract documents meeting FAA standards, The sponsor anticipates a bid opening in July. With funding available, the Sponsor will authorize a contraction contract with the lowest responsive and responsible bidder. 4. Geographic Location: Yakima Air Terminal - McAllister Field, Yakima, Washington 5. If Applicable, Provide Additional Information: 6. Sponsor's Representative: (include address & telephone number) Cliff Moore, City Manager, City of Yakima 129 North 2nd Street Yakima, WA 98901 (509) 575-6000 FAA Form 51OO-100(3/1t) SUPERSEDES PREVIOUS EDITION Page 7of7 14 CIP DATA SHEET AIRPORT Yakima Air Terminal / McAllister Field t, . I0, YKM L .CAL.PRIORITY PLANNED A.:... PROJECT DESCRIPTION Rotary Plow and Carrier Vehicle procurement. CO 2017 COST ESTIMATE: ADMINISTRATION: $ 900.00 1. Construction $ 850 000.00 4$ ENGINEERING: $49 10Q.QQ 2 $ 5 $ INSPECTION: $ 3 $ TOTAL: $900 000.00 Federal ); $.810,000.00 State $ WRWR Local( %) $ 90,000.00 SPONSOR VERIFICATION: Date (see instruction sheet or attached comments for more info For each and every NA -Date of approved ALP with project shown project as applicable NA -Date of environmental determination (ROD, FONSI, CatEx) NA -Date of land acquisition or signed purchase agreement NA -Date of pavement maintenance program -Date of Benefit Cost Analysis (BCA) as required SPONSOR'S SIGNATURE: DATE: PRINTED NAME: Cliff Moore TITLE: Ci Marr er PHONE NUMBER: 5091 575-6000 EMAIL: cliff.mooregyakimawa,Sov FAA USE ONLY F-11 I - -e- -• U ztelcj Zf :tell M" 1611 AIRPORT': Yakima Air Terminal / McAllister Field' LOCATION: Yakima, Washington AIP PROJECT NO.: 3-53-0089-39 STATEMENTS APPLICABLE TO THIS PROJECT A -D a. INTEREST OF NEIGHBORING COMMUNITIES: 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 INTHISPROJECT 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. THEPROPOSEDPROJECT 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: Cliff Moore DATE: TITLE: City Manager SPONSORING AGENCY: City of Yakima 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; 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. I 91101ON a =1 :?-I'% I kyj =vX,,CJ :4 =11::Why� 116310 Ism ! _ ! ' •I ' • ' i ' i i ' i ' • • ' • • ' ' 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, • any person f• # or attempting • influence an officer • • of 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. 1 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 F•' .:'. contract,grant, loan, or • • I• .:ive agreement,shall complete • submit Standard Form LLL "Disclosure • •••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. Date Sponsor's Authorized Representative Title City Manager 17 City,of Yakima (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 sea.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith - 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. Page 1 of 2 18 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. Com liancewith R Mations: The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts --Including Procurements of Materials and E ui merit. 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 Raport. 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. N9 FAIIIIIIIEMMWIll I 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 leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. R TITLE VI PRE -AWARD SPONSOR CHECKLIST Airport/Sponsor: Yakima Air Terminal — McAllister Field / City''of Yakima AIP #: 3-53-0089-39 Project Description(s);Procure one rotary plow(snowblower) with dedicated carrier vehicle. 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. Norge 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 41. 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 To be completed by the Civil Rights Staff Review completed and approved: Signature Date: 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 98057-3356. FAX: (425) 227-1009 Phone (425) 227-2009 ASSURANCES Airport Sponsors 22 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U. S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of theassurances 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. F_ Airport Development or Noise Compatibility Projects Undertaken by a Privat Sponsor. i Airport Sponsor Assurances 312014 Page 1 of 20 23 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 6, 13, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, n , conditions,,qji-d-a---,,s-Liy.?",ft-, *f _6111 -V _x;� during the life of the project; there shall be no limit on the duration of the assurances regarding Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. 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 seg.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act — 5 U. S. C. 15 0 1, _• e . Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq. 12 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. 1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. 1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U. S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U. S.C. 6 1. 0 1, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1 s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.' u. Copeland Anti -kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2 y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Airport Sponsor Assurances 312014 Page 2 of 20 24 z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). Executive Orders a. Executive Order 11246 - Equal Employment Opportunity b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 — Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Constructioni f. Executive Order 12898 - Environmental Justice Federal Regulations a. 2 CFR Part 180 - OMB Guidelines to Agencies on Govermnentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Princir- + • eAdit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A- 13 3 - Audits of States, Local Governments, and Non -Profit Organizations]. c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment d. 14 CFR Part 13 - Investigative and Enforcement Procedures 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150 - Airport noise compatibility planning. CFR Part 35- Discrimination on the Basis of Disability in State and Local Government Services. g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. CFR Part I - Procedures for predetermination of wage rates. i. 29 CFR Part 3 - Contractors and subcontractors on public building or public woi financed in whole or part by loans or grants from the United States. I j. 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).' CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' 1. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperativ agreements to state and local govertiments.' in. 49 CFR Partrestrictions on lobbying. n. 49 CFR Part 21 — Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act o 1964. o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. Airport Sponsor Assurances 312014 Page 3 of 20 25 p. 49 CFR Part 24 - Uiilfbft Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs. 12 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. r. 49 CFR Part 27 - Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. I s. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. u. 49 CFR Part 32 - Governmentwide Requirements for Drug -Free Workplace (Financial Assistance) CFR Part 37 - Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. Specific Assurances TfuFTTT-V,, 1-a-FIVOrli'l. - - M-grtflt, agi-cements-0y laws, regulations or circulars are incorporated by reference in this grant agreement. Footnotes to Assurance CA. 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Loca Governments receiving Federal assistance. Any requirement levied upon Stal and Local Governments by this regulation and circular shall also be applicab! to private sponsors receiving Federal assistance under Title 49, United States Code. 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A- 102 and Circular A- I 10 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A- 13 3 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. Airport Sponsor Assurances 312014 Page 4 of 20 99 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 2. Responsibility and Authority of the Sponsor. 'pla-IliIN, U&*PLC(1L 'VIE plassof, 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: PTVJULA MU L;Ulllf IJ 7VIL11 Lill LCI -111N, CUTIUMOnS, UnU aSSUranCeS Of Inis gram agreemem, 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. 31M W _JWMJ 1111M 4. Good Title. 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. 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, assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. i Airport Sponsor Assurances 3/2014 Page 5 of 20 27 b. It will not sell, lease, encumber, or otherwise transfer or •! of • • of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise • program • 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 • 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 • 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. • For noise compatibility • projects to be carried out on privately owned property, it will enter into an agreement with the owner • that ••` which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property • whenever there is substantial non- compliance with the terins of the agreement. e. If the •• is a private sponsor, it will take steps satisfactory to the Secretary ensure that the airport will continue to function as a public -use airport in accordance with these assurances • 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 • maintained in accordance Title 49, United States •' the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement • requires compliance therewith. I V. •i of commercial service airports will not permit • enter into any arrangement that results in permission for the owner or tenant of a property usei- as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the • of residential real property adjacent to or near the airport must comply with the requirements of See. 13 6 of Public Law 112-95 and the sponsor assurances. Airport Sponsor Assurances 3/2014 Page 6 of 24 28 6. Consistency with Local Plans. 11111"W11.1111WIN IN N 11 7. Consideration of Local Interest. V TeT 7717 project may be located. 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. ana�� M n prIj cc ion or an airpon, an airport runway, or a major runwa extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runwa 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 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• petition the Secretary concerning a proposed project. 'I1i1I I 1 11 11 In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the proj ect and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such rowarn for the useful lifix'sybii1p -#,I 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. MEMO MIN 11"611,10", 1111111 N 1`110 1 111 IL'! M10.61 4 to Iff; 111,6110,1161111116111441 toil mr.."s 'N.01" -1011 Airport Sponsor Assurances 3/2014 Page 7 of 20 N9 WIM #To MU -71 I J&_WWX7,J I IN rg I I I I I r_ -Z- I ILI K;V-JSJt; I I I III a. It shall keep all project accounts and records whichfully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the Unite States, or any of their duly authorized representatives, for the purpose of audit examination, any books, documents, papers, and records of the recip peaproient that are e rtinent to this grnt. The Secretary may require that an appriate audit be conducted by a recipient, In any case in which an independent audit is made of it_ accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the Unit States not later than six (6) months following the close of the fiscal year for whi the audit was maie. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with t y Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pa I to �'p—st2-vJ ilL-ttke. ixviwfil for bids and shall be included in proposals or bids for the work. I 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the emv oyment of labor (exce--.,t in executive �l -- - - preference shall be given to Vietnam era veterans, Persian Gulf veterans, A •hanistan-lraq war veterans. disabled veterans. and small business conce �1� It will execute the project subject to plans, specifications, and schedules approved b 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 incorporated into this grant agreement. Any modification to the approved plans, I Airport Sponsor Assurances 312014 Page 8 of 20 9E 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application'to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. C. 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 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. RTMMM a. The airport and all facilities which are necessary to serve the aeronautical users the airport, other than facilities owned or controlled by the United States, shall b 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, Airport Sponsor Assurances 3/2014 Page 9 of 20 a state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any pro]iosal to temcctort -for non-aeronauticill_vi be approved • the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - 1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of th airport. Nothing contained herein shall be construed to require that the airpo be operated for aeronautical use during temporary periods when snow, floo 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 circumstance beyond the control of the sponsor. I It will take appropriate action to assure that such terminal airspace as is required 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.1 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 •ort to activities and 1%woses •. with normal air(iort o(rns includinS 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 te and without unjust discrimination to all types, kinds and classes of aeronautic activities, including commercial aeronautical activities offering services to the public at the airport. i 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 Airport Sponsor Assurances 312014 Page 10 of 20 32 Airport Sponsor Assurances 312414 Page 11 of 20 33 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 allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such.factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or Airport Sponsor Assurances 312014 Page 12 of 20 11"111 loll, I I OW -1 WHIM dMIJIME41116MA111 IM0451 ORMAIMS fog 34 a. submit to the Secretary such annual or special financial and operations reports a 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 th 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 t the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and oth instruments, available for inspection by any duly authorized agent of the Secret upon reasonable request; and Airport Sponsor Assurances 3/2014 Page 13 of 20 35 d. in a forinat and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of gi- • • epurposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the 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. Et will furnish without cost to the Federal Government for use in connection with any %-ir !r,%-ffi' in -� -%n�,%amniumicati �n �ommumcati -�n �omm ni-cati activities related to air traffic control, any areas of land or water, or estate therein, or I ights in buildings of the sponsor as the Secretary considers necessary or desirable J construction, operation, and maintenance at Federal expense of space or facilities fo such purposes. Such areas or any portion thereof will be made available as provided] herein within four months after receipt of a written request from the Secretary. a. It will keep up to date at all times an airport layout plan of the airport showin2 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; �-Ivvwmq lant.NaVIVIR-M M ". 0 ••', a M111116M I I •1 11 Airport Sponsor Assurances 3/2014 Page 14 of 20 99 roads), including all proposed extensions and reductions of existing airport facilities; 3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and 4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a chanve or alteration in the airport or the facilities is made which the Secretar 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 operator will, if requested, by the Secretary (1) eliminate such adverse effect in, 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 cos, of restoring such property (or replacement thereot) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyo the control of the airport sponsor. I IMMMMUMM, It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwiss, subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in and 21.23 (e) of 49 CFR § 2 1, the sponsor will facilitate all programs operate all facilities, or conduct all programs in compliance with all non- discrimination requirements imposed by, or pursuant to these assurances. I MMMVM� 1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. Airport Sponsor Assurances 312014 Page 15 of 20 37 3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. MIMI The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1) So long as the airport is used as an airport, or for another purpose involvinq the provision of similar services or benefits; or EMMMEMEM =0 d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The jNAMe of Sgottsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 20OOd-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." Eff", 1) It will insert the non-discrimination contract clauses requiring compliance with the acts and o regulations relative to nn-discriminaede tion in Frally- assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non- discrimination in Federally -assisted programs of the DOT acts and regulations. 2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations, 3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a Airport Sponsor Assurances 3/2014 Page 16 of 20 38 • running with the land, in any future deeds, leases, license, permits, or similar instruments • into by the sponsor with other parties: a) • the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b) For the construction or use of, • access to, space on, over, or under real property acquired or improved under the applicable activity, project, or • f. It will provide for such methods of administration for the program as are found the Secretary to give reasonable guarantee that it, other recipients, sub -recipients sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, • other participants of Federal financial assistance under such progra will comply with all requirements imposed or pursuant to the acts, the regulation • this assurance. g. It agrees that the `• States has a right to seek judicial • with regard to any matter arising under the acts, the regulations, and this assurance. a. For land purchased •" a grant for •! noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the Ian( is no • needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at tht discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as • by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 title 49 United States Code, (4) transferred to an eligible sponsor of another publ' airport to be reinvested in an approved noise compatibility project at that airport, • (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. I land acquired under a grant for noise compatibility purposes is ]eased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligibl for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another Airport Sponsor Assurances 3/2014 Page 17 of 24 99 eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary Cor deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of su. land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before Decemb 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 t operator or owner of the uses of such land, did not object to such use, and the la continues to be used for that purpose, such use having commenced no later than December 15,1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated wit operation of the airport. MMEMM It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. Fill 111111: 1111111111111 '111, 1111111: 311131 ii 11 Hill I U �• "I 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 914 Z�,"i1K�lc—TrMMTTUVPTT procurement and construction. 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 (the lates I I ruslIX-1114811 Airport Sponsor Assurances 312014 Page 18 of 20 40 with applicable state policies, standards, and specifications approved by the Secretary. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. cIt 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. 7 or 110 7M 7 CY, I L 11US 110 0 )n to TI-na spTulul lall In] 'nrTN=y 11,11 -se NMI modes of transportation. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S. C. 100 1 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 38. Hangar Construction. L 01TY110f Mr it, 71craLIT ans. a pers,9571 7FT79 71,77. — MY— liang. he is to be constructed at the airport for the aircraft at the aircraft owner's expense, t.] in airport owner or operator will grant to the aircraft owner for the hangar a long term kne &Tit is temfy-&ric*Mfi&*in• operator may impose. Airport Sponsor Assurances 3/2014 Page 19 of 20 41 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that - 1) Describes the requests; 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February I or August I of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. ............................ Airport Sponsor Assurances 312014 Page 20 of 20 U.S. Department of Transportation Federal Aviation Administration 42 OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 8/31/2019 Project Plans and Specifications Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Temrinal / McAllister Field Project Number: AIP No. 3-53-0089-39 Description of Work: Procure one rotary plow (snowblower) with dedicated carrier vehicle. Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of Labor (www.dol.gov/). AIP Grant Assurance C.1—General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under AIP. A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1,,, The plans and specifications were or will be prepared in accordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars, or FAA -accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) _(14 USC § 47105). ® Yes ❑ No ❑ N/A 2. Specifications incorporate or will incorporate a clear and accurate description of the technical requirement for the material or product that does not contain limiting or proprietary features that unduly restrict competition (2 CFR §200.319). E3 ■ FAA Form 5100-132 (1/17) SUPERSEDES PREVIOUS EDITION I Page 1 of 3 43 3. The development that is included or will be included in the plans is depicted on the current airport layout plan aeapproved bvthe FAA (14Uk §471O7). 4. Development and features that are ineligible orunallowable for /UPfunding have been orwill be omitted from the plans and specifications (FAA Order 5100.38. par. 3-43). 99 Yes [l No El N/A 5. The specification does not use or will not use "brand name" or equal to convey requirements unless sponsor requests and receives approval from the FAA touse brand name (FAA Order 51OO.38.Table U-5). 0Yea [] No []N/A G. The specification does not impose orwill not impose geographical in their procurement requirements (2CFR Q2OO.31&(b)and FAA Order 51OO.38.Table U-5). N Yes El No El N/A 7. The use ofprequalified lists ofindividuals, firms orproducts include orwill include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2CFR §319(d)). 9Yoo [l No 171 N/A Ei Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)). S. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract (FAA Order 51D0.38.par. 3-57). El Yes El No 0N/A 10. The plans and specifications incorporate or will incorporate applicable requirementsand recommendations set forth in the federally approved environmental finding (49 USC §47106(c)). 11. The design mfall buildings comply orwill comply with the seismic design requirements of40CFR G41.12O. (FAA Order 510O.38d. par. 3-92) 0 Yes El No nx N/A � 12. The project specification include orwill include process control and acceptance tests required for the project bvoopmrthmapp|ioeb|eotondand: a. Construction and installation as contained in Advisory Circular (AC) 160/5370-10. ED Yes [] No [] N/A ' FAA Form 51DO-132(1/17) SUPERSEDES PREVIOUS EDITION Page umu 44 b. Snow Removal Equipment smcontained inAC15O/522O-2D, 0 Yes El No El N/A o. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10, El Yes E3 No Mx N/A 13. For construction activities within ornear aircraft operational area : a. The Sponsor has orwill prepare aconstruction safety and phasing plan (CSPF)conforming to Advisory Circular 150/5370-2. b. Compliance with CSPpsafety provisions has been orwill beincorporated into the plans and specifications amacontractor requirement. c Sponsor will not initiate work until receiving FAA's concurrence with the CGPP(FAA Order Nx Yes El No M N/A 14. The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §4711D(b)(1)and FAA Order 51OO.38d. par. 3-100). nx Yes 1-1 No [] N/A Attach documentation clarifying any above item marked with ^No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this day of Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Cliff Moore Title of Sponsor's Authorized Official: City Manager Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-132 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 ?U£Department ofTransportation 48�r Federal Aviation AdministrationEXPIRATION DATE: 8/31/2019 45 OMB CONTROL NUMBER: 2120-058 Construction Project Final Acceptance Airport Improvement Program Sponsor Certification Sponsor: City ofYakima Airport: Yakima Air Terminal / McAllister Field OeecrpUonofWork: Procure one rotary plow (snowb|owor)with dedicated carrier vehicle, Application 49USC § 47105(d), authorizes the Secretary to require me certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out project under the Airport Improvement Program. General standards for final acceptance and close out of federally funded construction projects are in2CFR § 2OD.343—Closeout and supplemented byFAA Order 51OO.38.The sponsor must determine that project costs are accurate and proper in accordance with specific requirements ofthe grant agreement and contract documents. Certification Statements Except for certification statements below marked not applicable (N/A), this list includes major requirements ofthe construction project. Selecting "Yes^represents sponsor acknowledgmentand confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the projectperiodof performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement iareferenced within parenthesis. 1. The personnel engaged inproject administration, engineering supervision, project inspection, and acceptance testing were or will be determined to be qualified and competent to perform the work (Grant Assurance). �� ��� �� �Yeo ��No ��N/A 2. Construction records, including daily logs, were or will be kept by the resident engineer/construction inspector that fully document contractor's performance in complying with: a. Technical standards (Advisory Circular (AC)15O/537O'12); b. Contract requirements (2CFR part 200and FAA Order 51OO.38); and c. Construction safety and phasing plan measures (AC 150/5370-2). 3. All acceptance tests specified inthe project specifications were orwill beperformed and documented. (AC 150/5370-12). P�7Yea No 0NA\ FAA Form 51O0'12Q(1/17) SUPERSEDES PREVIOUS EDITION page 1of3 46 4. Sponsor has taken orwill take appropriate corrective action for any test result outside of allowable tolerances (AC 150/5370-12). Yes No nN/A 5. Pay reduction factors required by the specifications were applied or will be applied in computing final payments with asummary made available tuthe FAA (AC 150/5370-10). O. Sponsor has notified, or will promptly notify the Federal Aviation Administration (FAA)of the following occurrences: a. Violations ofany federal requirements set forth orincluded byreference inthe contract documents (lCFR part 2OO); b. Disputes or complaints concerning federal labor standards (29 CFR part 5); and o. Violations of or complaints addressing conformance with Equal Employment Opportunity or Disadvantaged Business Enterprise requirements (41 CFR Chapter 60 and 48 CFR part 26). r'7 Yes r-JWo nN/A LIN 7. Weekly payroll records and statements of compliance were or will be submitted by the prime contractor and reviewed by the sponsor for conformance with federal labor and civil rights requirements as required by FAA and U.G. Department ofLabor (2B CFF{ Part 5). F7�7Yes r] No N/A 8. Payments to the contractor were or will be made in conformance with federal requirements and contract provisions using sponsor internal controls that include: a. Retaining source documentation of payments and verifying contractor billing statements against actual performance (2CFR §2DO.3O2and FAA Order 510].38); b. Prompt payment of subcontractors for satisfactory performance of work (49 CFR § 26.29); o. Release of applicable retainage upon satisfactory performance of work (49 CFR §3O.2B); and d. Verification that payments to DBEs represent work the DBE performed by carrying out a commercially useful function (49 CFR §26.55). r�-"12 Y�� No FlN/A 9. Afinal project inepecUonvvaoorxvU|beconduotedwithnapneaentatiwaaofthenponaorandtha contractor present that ensure: o. Physical completion of project work in conformance with approved plans and specifications (Order 5100.38); b. Necessary actions to correct punch list items identified during final inspection are complete (Order 5100.38); and c. Preparation of a record of final inspection and distribution to parties to the contract (Order 5100.38); �� 1^1 Yes F-1 �No �� ��NAA 10. The project vvaoorvvi||be0000mp|iohedwithoutmaberia|deviaUono.ohangeo.ormodifivatione from approved plans and specifications, except aoapproved bythe FAA (Order G1OO.38). r17 Yes No []W/A FAA Form 5100-129 (1/17) SUPERSEDES PREVIOUS EDITION page 2 of 3 47 11. The construction ofall buildings have complied orwill comply with the seismic construction requirements of4QCFR §41.12O. F]ea F� �� No �� �� N/A 12. For development projects, eponeorhaabakenorxvi||tahethefmi|owingo|oae-outaotiona: a. Submit to the FAA a final test and quality assurance report summarizing acceptance test results, as applicable (Grant Condition); b Complete all environmental requirements as established within the project environmental determination (Oder 5100.38); and c. Prepare and retain as -built plans (Order 51O0.3G). F-IYem F-INo N/A 13. Sponsor has revised or will revise their airport layout plan (ALP) that reflects improvements made and has submitted or will submit an updated ALP to the FAA no later than 90 days from the period ofperformance end date. (4QUSC §471D7and Order 51O0.38). F-1YesF-lNo N/A Attach documentation clarifying any above item marked with "No" response. I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this day of I Name of Sponsor: City of Yakima Name ofSponsor's Authorized Official: Cliff Moore Title ofSponsor's Authorized Official: City Manager Signature of Sponsor's Authorized Official |declare under penalty ofperjury that the foregoing istrue and correct. | understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC §1OO1 (False Statements) and could subject mmtofines, imprisonment, orboth. FAA Form 5100-129 (1/17) SUPERSEDES PREVIOUS EDITION page 3 of 3 V��'Depo�mo�of�anopn�oUun FederalAmmmionAuminwmrauonEXPIRATION DATE: 8/31/2019 48 OMB CONTROL NUMBER: 2120-0569 Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement Program Sponsor Certification Sponsor: City ofYakima Airport: Yakima Air Terminal / McAllister Field Project Number: A|PNo. 3'53 -0)8Q -3Q Description ofWork: Procure one rotary plow (unueb/mm*r)with dedicated carrier vehicle. Application Title 2CFR Q2OO.112 and Q12O1.112 address Federal Aviation Administration (FAA)requirements for conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following have o financial orother interest in the firm selected for award: a) The employee, officer mragent, b) Any member ofhis immediate family, o) His orher partner, or d) Anorganization which employs, orioabout to employ, any ofthe above. Selecting ~Yes'represents sponsor orsub-recipient acknowledgement and confirmation ofthe certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully comply with the certification statement. If "No" is am|eoted, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR § 200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but nolater than the end ofthe project periodofperformanoe. The sponsor or sub -recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2CFR §2OO.31B/o>).Tothe extent permitted bvstate orlocal law orregulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by contractors ortheir agents. FAA Form 5100-135 (2/17) SUPERSEDES PREVIOUS EDITION Page I of 2 49 2. The sponsor's or sub -recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, parties to sub -agreements (2 CFR § 200.318(c)). 0 Yes El No I 3. The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict of interest (2 CFR § 1200.112). J,-ftT,A-WTT-aUUT responstv. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked "no" is correct and complete. Executed on this day of Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Cliff Moore Title of Sponsor's Authorized Official: City Manager Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-135 (2/17) SUPERSEDES PREVIOUS EDITION Page 2 of 2 U.S. Department of Transportation Federal Aviation Administration -19 OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 8/31/2019 Selection of Consultants Sponsor: City of Yakima Airport: Yakima Air Terminal / McAllister Field Project Number: AIP 3-53-0089-39 Description of Work: Procure one rotary plow (snowblower) with dedicated carrier vehicle. Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications -based procedures provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will' means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200.318(k)). Yes El No ❑ N/A 2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200.319). Yes El No El N/A 3. Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request -for - qualifications (RFQ) from competing for the advertised services (2 CFR § 200.319). D R - ■ a ■ FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 -M 4. The advertisement describes orwill describe specific projectababamentm'of-xmrkthat provide clear detail ofrequired services without unduly restricting competition (2CFR 82OO.318). Mx Yes 0 No El N/A 5. Sponsor has publicized orwill publicize eF\FQthat: a. Solicits anadequate number ofqualified sources (2CFR §2OO.32D(d)); and b. Identifies all evaluation criteria and relative importance (2CFR §20U.32O(d)), Mx Yes El No El N/A G. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being a selection factor (2 CFR §2OO.32O(d)). 7. Sponsor has verified orwill verify that agreements exceeding .$25.ODOare not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2CFR §18O.3OO). 9Yeo []No 0 N/A 8. /VEservices covering multiple projects: Sponsor has agreed toorwill agree to: m. Refrain from initiating work covered bvthis procurement beyond five years from the date ofselection (AC 150/51OO-14); and b. Retain the right toconduct new procurement actions for projectsidentified ornot identified inthe RFQ(AC 15O/51OO-14). 0 Yes El No El N/A 9. Sponsor has negotiated orwill negotiate afair and reasonable fee with the firm they select oa most qualified for the services identified inthe FlFQ(2CFR § 200.323). ' 10. The contract identifies orwill identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200.302). 0 Yes El No El N/A ^ 11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200.318(i)). 12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for A|P-aa intedwmrk (49 U.S.C. Chapter 471 and 2 CFR part 2DOAppendix ||) FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3 52 13. For contracts that apply a time -and -material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish: Justification that there is no other suitable contract method for the services (2 CFR §200.318(j)); b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.318(j)); and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200.318(j)). MR Yes ❑ No ❑ N/A 14. Sponsor is not using or will not use the prohibited cost -plus -percentage -of -cost (CPPC) contract method. (2 CFR § 200.323(d)). 0 Yes ❑ No El N/A Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. Executed on this day of Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Cliff Moore Title of Sponsor's Authorized Official: City Manager Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 UGDepartment o[Transportation Federal Aviation AdministrationEXPIRATION DATE: 8/31/2019 Drug -Free Workplace no OMB CONTROL NUMBER: 212D -058Q Sponsor: City ofYakima Airport Yakima Air Terminal / McAllister Field Project Number: A|PNo. 3-53-OQOQ-3B Description of Work: Procure one rotary plow (snowblower) with dedicated carrier vehicle. Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements incarrying out aproject undartheAirport|mpnzvement Program (A|P). Gmnono| requirements on the drug-free workplace within federal grant programs are described in2CFIRpart 182. Sponsors are required to certify they will be, or will continue to provide, a drug-free workplace inaccordance with the regulation. The A|Pproject gnantagnammentoontainnmpmcifio assurances onthe Drug -Free Workplace Act of1Q08. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements ofthe construction project. Ge|eoting^Yeo^nopraaantooponeoracknow|edgemmnt and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation ofsuch prohibition (2CFR § 182.205). 0 Yes El No El N/A 2. Anongoing drug-free awareness program (2 CFR §182.215) has been orwill beestablished prior to commencement of project to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy ofmaintaining adrug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and in the workplace. Iffs-IMEN MITI FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 54 3. Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above prior to commencement of project (2 CFR § 182.210). 4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction: 5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300). 6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; and b. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. ® Yes 0 No 0 N/A 7. A good faith effort will be made, on a continuous basis, to maintain a drug-free workplace through implementation of items 1 through 6 above (2 CFR § 182.200). Site(s) of performance of work (2 CFR § 182.230): Location 1 Name of Location: Airport Maintenance Shop Address: 3106 West Washington Avenue, Yakima, WA 98903 Location 2 (if applicable) Name of Location: Airport Administration Office Address: 2406 West Washington Avenue, Suite B, Yakima, WA 98903 e of Location: Address: FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3 55 I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this day of I Name of Sponsor's Authorized Official: Cliff Moore I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 U,S Department of Transportation Federal Aviation Administration -M OMB CONTROL NUMBER: 212O-05GA EXPIRATION DATE: 8/31/2019 Equipment and Construction Contracts —1 Airport Improvement Sponsor Certification Sponsor: City m[Yakima Airport Yakima Air Terminal / McAllister Field Project Number: A|PNo. 3'53'OU89'3B Description of Work: Procure one rotary plow (snowblower) with dedicated carrier vehicle. Application 49 USC §471O5(d)authorizes the Secretary horequire certification from the sponsor that itwill comply with the statutory and administrative requirements in carrying out project under the Airport Improvement Ppognam(A|P). General procurement standards for equipment and construction contracts within Federal grant programs are described in2CFR §§ 200.317-300.326. Labor and Civil Rights Standards applicable to the AIP are established by the Department of Labor (www.dol.gov) AIP Grant Assurance C.1—General Federal Requirements identifies all applicable Federal Laws, regulations, executive orders, policies, guidelines and requirements for assistance under the A|P. Sponsors may use state and local procedures provided the procurement conforms to these federal standards. This certification applies toall equipment and construction projects. Equipment projects mayornlaynot employ laborers and mechanics that qualify the project asa"covered contract" under requirements established bvthe Department ofLabor requirements. Sponsor shall provide appropriate responses to the certification statements that reflect the character ofthe project nagond|gmmofm/hetherthmnontractia fora construction project oranequipmentpnojeot. Certification Statements Except for certification statements below marked as not applicable (N/A). this list includes major requirements ofthe construction project. Be|eotinQ^Yea^nepresentmsponoorocknow|odgemmntand confirmation ofthe certification statement. The term ^vvi||^means Sponsor action taken atappropriate time based on the certification statement focus area, but no later than the end of the projectpmripdof performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source ofthe requirement imreferenced within parenthesis. 1. Awritten code orstandard of conduct ieorwill beineffect prior to commencement of the project that governs the performance of the sponsor's officers, employees, or agents in soliciting, ED Yes El No El N/A FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 4 57 3. For all contracts, qualified and competent personnel are or will be engaged to perform contract administration, engineering supervision, construction inspection, and testing (Grant Assurance C.17). 3. Sponsors that are required to have a Disadvantage Business Enterprise U]BE>program onfile with the FAA have included or will include clauses required by Title VI of the Civil RightsAct and 49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts. 4. Sponsors required tohave aDBE program onfile with the FAA have implemented orwill implement monitoring and enforcement measures that: a. Ensure work committed to Disadvantaged Business Enterprises at contract award is actually performed bvthe named DBEs (48CFR §28.37(b)); b. Include written certification that the sponsor has reviewed contract records and has monitored work sites for performance byDBE firms (48CFR 829.37(b));and o. Provides for a running tally of payments made to DBE firms and a means for comparing actual attainments (i.e. payments) tooriginal commitments (4SCFR § 28.37(c)). 5. Sponsor procurement actions using the competitive sealed bid method (2CFR G2OD.32D(c)).was or will be: o. Publicly advertised, allowing a sufficient response time to solicit an adequate number of interested contractors or vendors; b. Prepared boinclude ocomplete, adequate and realistic specification that defines the items or services in sufficient detail to allow prospective bidders to respond; u. Publicly opened at a time and place prescribed in the invitation for bids; and d. Prepared in a manner that result in mfinn fixed price contract award to the |oxvaot responsive and responsible bidder. 6. For projects the Sponsor proposes touse the competitive proposal procurement method (2 CFR § 2OO.320(d)).Sponsor has requested cvwill request FAA approval priortoproceeding with o competitive proposal procurement by submitting to the FAA the following: a. Written justification that supports use of competitive proposal method in lieu of the preferred sealed bid procurement method; b. Plan for publicizing and soliciting an adequate number of qualified sources; and c. Listing of evaluation factors along with relative importance of the factors. 7 For construction and equipment installation projects, the bid solicitation includes or will include the - current federal wage rate schedule(s) for the appropriate type ofwork classifications (2 CFR Part 2OO.Appendix U). M Yes 171 No [] N/A FAA Form 5100-131(1/17)SUPERSEDES PREVIOUS EDITION Page 2of4 na 8. Concurrence was or will be obtained from the Federal Aviation Administration (FAA) prior to contract award under any ofthe following circumstances (Order 51OO.38O): a. Only one qualified person/firm submits aresponsive bid; b. Award is to be mode to other than the |ovvmat responsible bidder; and c. Life cycle costing is afactor in selecting the lowest responsive bidder. Yes 1-1 No [] N/A Q. All construction and equipment installation contracts contain or will contain provisions for: a. Access hoRecords (§ 200.336) b. Buy American Preferences (Title 4SU.S.C. §5O1O1) o. Civil Rights - General Provisions and Title V|Assurances( 41 CFR part 6O) d. Federal Fair Labor Standards (20U.S.C. §2U1.etaeq) e. Occupational Safety and Health Act requirements (20 CFR part 1920) [ Seismic Safetv—building construction (40CFR part 41) g. State Energy Conservation Requirements - as applicable(2 CFR part 200, Appendix 11) h. U.S.Trade Restriction (4QCFR part 30) i. Veterans Preference (49USC §47112(c)) E3 IMMINVEREMMINUMT, J 97M4 M690707,11 provisions established by: e. Davis -Bacon and Related Acts (20CFR part 5) b. Copeland "A1d-Kickback" Act (2QCFR parts 3and 5) nxYem El No DW/A 7MA-=nstruction ana equipment installation contracts exceeding $3,000 contain or will contain contract provision that discourages distracted driving (E.O. 13513). P9 Yes El No 11 N/A I 12. All contracts exceeding $10,000 contain or will contain the following provisions as applicable: a. Construction and equipment installation projects - Applicable clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity; b. Construction and equipment installation - Contract Clause prohibiting segregated facilities in accordance with 41 CFR part 60-1.8; c. Requirement to maximize use of products containing recovered materials in accordance with 2 CFR § 200.322 and 40 CFR part 247; and d. Provisions that address termination for cause and termination for convenience (2 CFR Part 200, Appendix 11). FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 4 -7 13. All contracts and subcontracts exceeding $25,000: Measures are in place or will be in place (e.g. checking the System for Award Management) that ensure contracts and subcontracts are not awarded to individuals or firms suspended, debarred, or excluded from participating in federally assisted projects (2 CFR parts 180 and 1200). 14. Contracts exceeding the simplified acquisition threshold (currently $150,000) include or will include provisions, as applicable, that address the following: a. Construction and equipment installation contracts - a bid guarantee of 5%, a performance bond of 100%, and a payment bond of 100% (2 CFR § 200.325); b. Construction and equipment installation contracts - requirements of the Contract Work Hours and Safety Standards Act (40 USC 37013708, Sections 103 and 107); c. Restrictions on Lobbying and Influencing (2 CFR part 200, Appendix II); d. Conditions specifying administrative, contractual and legal remedies for instances where contractor of vendor violate or breach the terms and conditions of the contract (2 CFR §200, Appendix II); and e. All Contracts - Applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 7401-7671 q), Section 508 of the Clean Water Act (33 USC 1251- 1387, and Executive Order 11738. ❑x Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this day of Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Cliff Moore Title of Sponsor's Authorized Official: City Manager Signature of Sponsor's Authorized Official* I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 4 of 4 State Use Only: 60 6. Date Received by State 7. State Application Identifier: OMB Number: 4040-0004 Expiration Date: 10/31/2019 Application for Federal Assistance SF -424 1. Type of Submission: * 2. Type of Application: * If Revision, select appropriate letter(s): ❑ Preapplication ® New ® Application ❑ Continuation * Other (Specify) Changed/Corrected Application Revision " 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: 5b. Federal Award Identifier: State Use Only: 6. Date Received by State 7. State Application Identifier: 8. APPLICANT INFORMATION: "a. Legal Name: City of! Yakima * b. Employer/Taxpayer Identification Number (EIN/TIN)', * c. Organizational DUNS: 91-66001293 078212651()000 d. Address: *Streetl: 129 North 2nd Street Street2: * City: Yakima County/Parish: Yakima * State: WA: Washington Province: *Country: USA; UNITED STATES * Zip / Postal Code: '98901 e. Organizational Unit: Department Name: Division Name: City of Yakima Yakima Air Terminal/McAllister f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. * First Name: Ol f f Middle Name: * Last Name: Moore Suffix: Title: City Manager Organizational Affiliation: * Telephone Number: 509 575 6090 Fax Number: *Email: €1 ff.moore vaki avra,Qov M. Application for Federal Assistance SF -424 9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: Other (specify): * 10. Name of Federal Agency: Federal Aviation Administration, Seattle ADO 11. Catalog of Federal Domestic Assistance Number: CFDA Title: lAirport Improvement Program * 12. Funding Opportunity Number: Not Applicable Title: trot Applicable 13. Competition Identification Number: Title: JM.t Applicable 14. Areas Affected by Project (Cities, Counties, States, etc.): IAdd Attachment Delete Attachment View Attachment 15. Descriptive Title of Applicant's Project: 3-53-0089-40,Phase 2 (Construction) Replace perimeter security gates and pedestrian entry gates to include gates and controller, traffic loops and asphalt reconstruction, and lighting. Attach supporting documents as specified in agency instructions. Add Attachments] I Delete Attachments View Attachments 62 16. Congressional Districts Of: .a. Applicant ]A E * b. Program/Project wA 009 Attach an additional list of Program/Project Congressional Districts if needed': 17. Proposed Project: * a. Start Date: 06JO1J2017 * b. End Date: 06/O1J2018 18. Estimated Funding ($): * a. Federal 1, 080, 000.00 * b. Applicant 120,000-_00 * c. State * d. Local * e. Other * f. Program Income * g. TOTAL 1, 200, 000.00 " 19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) ❑ Yes ® No If "Yes", provide explanation and attach Add Attachment Delete Attachment View Attachment 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ® **IAGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: r * First Name: Cliff Middle Name: * Last Name: Moore Suffix: L-1 _ * Telephone Number: 1509_575-6040 1 Fax Number: *Email',Cliff.Moore@yakimawa.gov * Signature of Authorized Representative: * Date Signed; U.S. Department of Transportation 1042) Federal Aviation Administration 63 OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 8/31/2019 PART 11 — PROJECT APPROVAL INFORMATION Part 11 - SECTION A The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF -424 form. Item 1. Does Sponsor maintain an active registration in the System for Award Management 0 Yes El No (www.SAM.gov)? Item 2. Can Sponsor commence the work identified in the application in the fiscal year the Z Yes ❑ No ❑ N/A grant is made or within six months after the grant is made, whichever is later? Item 3. Are there any foreseeable events that would delay completion of the project? If yes, ❑ Yes FX] No ❑ N/A provide attachment to this form that lists the events. Item 4. Will the project(s) covered by this request have impacts or effects on the environment that require mitigating measures? If yes, attach a summary listing of ❑ Yes FX] No ❑ N/A mitigating measures to this application and identify the name and date of the environmental document(s). Item 5. Is the project covered by this request included in an approved Passenger Facility nX Yes ❑ No ❑ N/A Charge (PFC) application or other Federal assistance program? If yes, please identify other funding sources by checking all applicable boxes. The project is included in an approved PFC application. If included in an approved PFC application, does the application only address AIP matching share? ❑ Yes ®No ❑ The project is included in another Federal Assistance program. Its CFDA number is below. Item 6. Will the requested Federal assistance include Sponsor indirect costs as described in E]Yes E9 No ❑ N/A 2 CFR Appendix VII to Part 200, States and Local Government and Indian Tribe Indirect Cost Proposals? If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply: ❑ De Minimis rate of 10% as permitted by 2 CFR § 200.414, ❑ Negotiated Rate equal to % as approved by (the Cognizant Agency) on (Date) (2 CFR part 200, appendix VII). Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs. FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 1 of 7 64 OMB CONTROL NUMBER: c1co-0a0S OMB EXPIRATION DATE: 8131/2019 PARTN-SECT|ON B Certification Regarding Lobbying The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF -424, to which this form is attached. The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF -424 form. � The Authorized Representative 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 Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any � Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal ] contract, grant, loan, orcooperative agreement. (2)Ifany funds other than Federal appropriatedfunds have been paid cxwill bepaid toany 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, |oan, or cooperative agreement, the Authorized Representative shall complete and submit Standard Form-LLL.''Disn|ooureFornntoFleportLobbying.''inennondancawithitsinatruoUona. (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub -awards atall tiers (including subcontracts, aubonant , and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification ' shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. |` FAA Form o1m0-1noCmeVSUPERSEDES PREVIOUS EDITION Page um7 65 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 8/31/2019 PART II — SECTION C 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: An Airport Safety Overlay Zone has been adopted and is included in the Yakima Urban Comprehensive Zoning Ordinance, Yakima County Zoning Ordinance, and 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: The Sponsor is 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 the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows: There are no known facts or circumstances which would jeopardize the Sponsor's responsibility to this project. 4. 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. Yes, Airport Layout Plan. 6. Consideration of Local Interest — It has given fair consideration to the interest of communities in or near where the project may be located. Yes. 6. Consultation with Users — In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project (§ 47105(a)(2)). Yes. 7. Public Hearings — In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript 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. Not applicable. Project does not involve airport location, runway, or major runway extension. 8. 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 and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. Not applicable. Project does not involve airport location, runway, or major runway extension. FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 3 of 7 M. OMB CONTROL NUMBER: 2120-0561 OMB EXPIRATION DATE: 8/31/201a PART 11 — SECTION C (Continued) 6. Exclusive Rights — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport #1wned or controlled by the Sponsor except as follows: IT—cf L -a -F fy—cfn r"#Tr L-WTn rC6F1,-7T#1 -vilfult ere is no gra #11 rcri: W,y the Sponsor. 10. Land — (a) I tie sponsor holds the following property interest in the tollowing areas ot land, which are to be cleveicipea tr used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] The land interests owned by the Sponsor is as shown on the current Exhibit A map dated Aprill 5, 2015 which is on file with the FAA's Seattle ADO in Renton, Washington. 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. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] #A * 11110111 MINIMUM 6 6*06111611161111111401-M 41' owl 061, -1 1 .1 I 1 111011111116 " I wo in coni -IM -tion Finn Me ^11-purt as R171A OU IT the aforementioned property map designated as Exhibit "A". [1 923MME= -= State the character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse t I P 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 (3116) SUPERSEDES PREVIOUS EDITION Page 4 oll 67 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 8/31/2019 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A — GENERAL 1. Federal Domestic Assistance Catalog Number: 20-106 2. Functional or Other Breakout: Airport Improvement Project FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 5 olffi Latest Approved Adjustment Total Cost Classification Amount + or (-) Amount Amount (Use only for (Use only for Required revisions) revisions) 1. Administration expense $1,000 2, Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 200,000 5. Other Architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 999,000 12. Equipment 13. Miscellaneous 14. Subtotal (Lines 1 through 13) $1,200,000 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions (Section C, line 23 g.) 18. Subtotal (Lines 16 through 17) $1,200,000 19. Federal Share requested of Line 18 1,080,000 20. Grantee share 120,000 21. Other shares 22. TOTAL PROJECT (Lines 19,20 & 21) $1,200,000 FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 5 olffi 68 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 8/31/2019' SECTION C — EXCLUSIONS Amount Ineligible for 23. Classification (Description of non -participating work) Participation a. b. C. d. e. f. g. Total SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 24. Grantee Share — Fund Categories Amount a. Securities b. Mortgages C. Appropriations (by Applicant) 120,000 d. Bonds e. Tax Levies f. Non -Cash g. Other (Explain): h. TOTAL - Grantee share 25. Other Shares Amount a. State b. Other c. TOTAL - Other Shares 26. TOTAL NON-FEDERAL FINANCING SECTION E — REMARKS (Attach sheets if additional space is required) FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 6 of 7 69 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 8/31/2019 PART IV — PROGRAM NARRATIVE (Suggested Format) PROJECT: YKM 3-53-008940 Security Improvement Upgrade AIRPORT: Yakima Air Terminal - McAllister Field 1. Objective: All vehicular and pedestrian gates identified as part of this project have exceeded their useful life. Eleven (11) existing vehicular access gates and eight (8) pedestrian access gates are known to fail on regular occasions. Pedestrian gates and access points will be updated to meet ADA requirements. These improvements will be made to provide consistent and reliable access to the airfield. 2. Benefits Anticipated: The existing vehicle and pedestrian gates are known to fail resulting in reduced access to the airfield and can limit emergency response times. New gates will provide reliable access to the airfield. Airfield security will be enhanced by adding lighting at several vehicle gates and by the replacement of the existing traffic loops. Pedestrian access gates will be replaced and the access points updated to meet ADA requirements. 3. Approach: (See approved Scope of Work in Final Application) This project will construct eleven (11) new vehicular access gates, eight (8) pedestrian access gates, lighting, and traffic loops using developed contract documents. The sponsor anticipates a bid opening in July. With funding available, the Sponsor will authorize a contract with the lowest responsive and responsible bidder. 4. Geographic Location: Yakima Air Terminal - McAllister Field, Yakima, Washington 5. If Applicable, Provide Additional Information: 6. Sponsor's Representative: (include address & telephone number) Cliff Moore, City Manager, City of Yakima 129 North 2nd Street Yakima, WA 98901 (509) 575-6040 FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 7 of 7 70 SPONSOR VERIFICATION: Date (see instruction sheet or attached comments for more into For each and every NA -Date of approved ALP with project shown project as applicable NA -Date of environmental determination (ROD, FONSI, CatEx) NA -Date of land acquisition or signed purchase agreement NA -Date of pavement maintenance program -Date of Benefit Cost Analysis (BCA) as required SPONSOR'SDATE" PRINTED NAME: Cliff Moore TITLE: City ManagePHONE NUMBER: �509) 575-6040 EMAIL: cliff.mooreMalkimavvajov FAA USE ONLY 71 INSTRUCTIONS FOR COMPLETING CAPITAL IMPROVEMENT PLAN DATA SHEET ACapital Improvement Plan (CIP)Data Sheet must besubmitted for each major work item that is requesting Federal assistance over the next 5 years. Submittal of this information is necessary to effectively administer the Airport Improvement Program. HEADER INFORMATION Include the name ofthe airport, the 0CID,the local priority ufthe requested work, the project description and the desired Federal fiscal year (October 1st to September 30th) that you desire the project. SKETCH - Color -coded sketch that depicts and identifies the scope of the proposed project. Anaerial photo can beused aslong ayit shows the proposed project information. JUSTIFICATION Answers the questions of whatitis, why is it needed and whatbthe benefit. This isavery important part ofyour Capital Improvement Plan. The information is required to accurately determine the eligibility of your project and its priority for funding. Projects without adequate justification cannot beadded tothe C|P. Tohelp you prepare solid justification wehave compiled the following list of suggestions, which you can use to support your assessment of the need for this project. 8esure tolist all reasons and needs for your project and include adetailed description ofexisting conditions. Use extra pages ifneeded. For pavement rehabilitation include the age of the pavement, distresses, Pavement Condition Index (PCI) Rating (may be able to obtain this info from ODA), or any other factor that would affectpavement life. Include type of pavement (apron, runway) and dimensions (linear feet and width or square footage). Also include what you have done to maintain the pavement over its lifetime and the date of the last major rehabilitation (i.e.overlays, sea|cuats'etz.) ' New taxiways/taxi|anes—what will this taxiway/taxi|aneserve? Does itserve ahangar area? |sita parallel taxiway? What width are you proposing? |fyou propose awidth that iswider than FAA standards, indicate how that additional pavement will befunded. For Apron Expansion indicate the current size of the apron and what you plan to add. Indicate why you need more apron space and how the apron area will beused (tie down area, etc). For fencing projects — indicate the height ofthe fence and lineal footage. Also, explain why the fence is needed (ie.deer fencing, security, etc) ' Land acquisition explain what the land isneeded for— approach protection? Development such asa new hangar area? Also include if itisfee oreasement. Include parcel numbers and acreage ofthose parcels. Please state ifresidences orbusinesses will heacquired. For Arrival/Departure Building, provide what type of facility you currently have and what you plan to build (square footage, types ofrooms) COST ESTIMATE The estimate oftotal cua including the Federal, State and Local shares. For first year projects, attach adetailed cost estimate showing unit costs; aggregate in square yards (S.Y.), concrete paving in square yards (S.Y.) and asphaltic paving in tons. Separate the costs for land acquired infee and land acquired ineasement. Note ifthe project isdependent onother sources of funding (ie.other agency grants) SPONSOR VERIFICATION Thevehficadonthaothepnojectispmpedyp|annedandisneadyto"go"withinthefinstyeoroftheC|Pfor applicable projects. Except for equipment acquisition, proposed development and land acquisition must be shown on an approved ALP, have cleared environmental processing, and the land already acquired or have a signed purchase agreement. These requirements must be completed before a project can be considered for upcoming year funding. For the 2nd and 3rd years ofthe C|P program, the sponsor should be working towards satisfying these requirements. Date each item verifying that all project requirements are satisfied (check marks are not aoceptab|e). 72 g.ty of Yakima (hereinafter referred to as the Shereby agrees that @Gacondition tD r8ca1NnQ Federal financial assistance from the Department of Transportation (C)C)T), it will comply with Title V|Cfthe Civil Rights Act Of1964/42U.S.C.20OOdetaeo.\and all requirements innpmaad by 49 CFR Part 21. Nondiscrimination in Federally AGSiG18d Programs of the Department of Transportation — Effectuation of Title V| of the Civil Rights Act of 1964 (hereinafter referred to as the "RegU|ations")tothe end that nDperson inthe United States shall, on the ground of race, oo|or, or national mrigin, be excluded from participation in, be denied the benefits of, mrbeotherwise subjected todiscrimination under any program Or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary toeffectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1.Each "prOgrarD"and "faci|ity"(as defined inSection 21.23/a\and 21.23(b)\will b9 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 taoi|ity, or part of facility, the assurance shall extend to the entire facility and facilities operated inconnection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or eninterest inreal property, the assurance shall extend t]rights tOspace on, over, orunder 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 Si[ni|8r agreements entered into bythe Sponsor with other parties: (@) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and /b\ for the construction Oruse OfOraccess tOspace on, over, Orunder real property acquired orimproved 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 innpnDvenneDtG thereOO, in which CGGe the assurance obligates the Sponsor or any transferee for the longer ofthe following periods: � (a) the period during which the property is used for 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 orpossession Ofthe property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. Page of 73 PTSTS 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED -City of Yakima (Sponsor) (Signature of Authorized Official) M 11 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: Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Includ,ing, Procurements of Materials and Eguipment. 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 Regorts. 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. 75 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 leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. AIRPORT: Yakima Air Terminal / McAllister Field LOCATION: Yakima, Washin2ton AIP PROJECT NO.: 3-53-0089-40 STATEMENTS APPLICABLE TO THIS PROJECT A -D Z a. In formulating this project, consideration has been given to the interest of communities that are near (Exact name of airport) Yakima Air Terminal. Z b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use ofpublicly owned land from a public park, recreation area, wildlife and fowl refuga, ore historical site under Federal, State, or Local jurisdiction. Z c. The airport development proposed inthis project haobaen000rdinabed with the Fixed Base Dpenshor(o)utilizing (Exact name ofairport) Yakima Air Terminal. and they have been informed regarding the scope and nature ofthis project. Z d. - with existing approved plans for the area surrounding the The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not cheoked). BY: Cliff Moore DATE: TITLE: City Manager SPONSORING AGENCY: City of Yakima NOTE: Where opposition iostated 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; b. The nature and basis ofopposition; C. Sponsor's plan hoaccommodate orotherwise 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 ofsuch urban planning aahas been carried out bythe community. e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; f. Sponsor's plans, ifany, tominimize any adverse effects of the project; ' g. Benefits Uobegained bythe proposed development; and PLO Z NIP109191NA ZT0,11 kyj N-11TICI 014 J, R1 Z III ffl�� The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Date Sponsor's Authorized Representative Title City Manager Airport Sponsors 78 1 . These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or life of the ro�ect items installed within .. 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 Privam, Sponsor. I for the project. Airport Sponsor Assurances 3/2014 Page I of 20 79 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. 11111111 1weill-31111111-371,1111 - I - 1, loll] [1W%X$JWW-14 RJOREIR11 Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et Seg.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seg. d. Hatch Act - 5 U.S.C. 1501, et se .2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.' 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seg. 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. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) in. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252" (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101, et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U. S.C. r11 1, et seg. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg., s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.' u. Copeland Anti -kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, A� y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Airport Sponsor Assurances 312014 Page 2 of 20 80 z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). Executive Orders a. Executive Order 11246 - Equal Employment Opportunity I b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 — Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction I f, Executive Order 12898 - Environmental Justice Federal Regulations o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airpo Concessions. I Airport Sponsor Assurances 312014 Page 3 of 20 81 p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs. 12 q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. r. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving ot 136fiefitirig fi�Jrfi Federal Financial Assistance. I s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. t. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial Assistance) v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. Specific Assurances Footnotes to Assurance C.I. 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and oca up St Governments receiving Federal assistance. Any requirement levied on al and Local Governments by this regulation and circular shall also be applicab to private sponsors receiving Federal assistance under Title 49, United State Code. I 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A- 102 and Circular A- 110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A- 122, 2 CFR part 230). Additionally it replaces Circular A- 13 3 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. Airport Sponsor Assurances 3/2014 Page 4 of 20 82 Mij I 1 [4 r-1 I I I E.J.-M M ME* 1% 161 V I I I I I I I I M. I I rwad 114 1 M I I I )a" Im Org" I I tempi"] Mrow.--maj Audit requirements established in 2 CFR part 200 subpart F are the guidelin," for audits. I nas 0 appil, lvf Lills N . . ........ 11,1111! Y117191700 alm CUT IF pr5pilso 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. LOINEMM31= It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all ternis, 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. kmrwlmm "'I WgWMM I NQ WiU*111011-mw I 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. 761�� a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. Airport Sponsor Assurances 3/2014 Page 5 of 20 83 b. It will not sell, lease, encumber, or • transfer or dispose of any part •'I 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 • have been expended, • the duration of the terms, conditions, and assurances in this • .• without approval by the Secretary. If the transferee is found by the Secretary to be • under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, • and financial resources to carry out all such obligations, the sponsor shall insert in the contract •, M• transferring or disposing • the sponsor's interest, • make binding upon the transferee all • the terms, conditions, and assurances contained in this • • c. For all noise compatibility program projects which are to be carried out by another unit of local +• or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that • Except as otherwise specified by the Secretary, that agreement shal obligate that government to the same terms, conditions, and assurances that wo 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 b1l satisfactory to the Secretary. It will take steps to enforce this • against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non- compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such •. also •• compliance therewith. g. ♦1 of commercial service airports will not permit or enter into any arrangement that results in • for the owner or tenant • a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in • for the owner • residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. Airport Sponsor Assurances 3/2014 Page 6 of 20 84 7. Consideration of Local Interest. •-IVT!!Illllllrll!lllllllllillillillillilI li _S_ffl_ - fifirIT-Cf-dClUt i nVffT=1rf_1[fC 0911 -cfdtTur frroject may be located. 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 petition the Secretary concerning a proposed project. 31E=1; I Pr(*TecL=1T_9Tr1T ; 11 ;; extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout 7'�&l till ii466rdm described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. r 1l EM28=1= For projects which include terminal development at a public use airport, as defined in Lei It 1 Ors W63 0 1 C-1,21WO16 [WI• Fe Airport Sponsor Assurances 3/2014 Page 7 of 20 85 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. a. It shall keep all project accounts and records which fully disclose the amount an disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and su other financial records pertinent to the project. The accounts and records shall b kept in accordance with an accounting system that will facilitate an effective aud in accordance with the Single Audit Act of 1984. 1 b. It shall make available to the Secretary and the Comptroller General of the Unite• States, or any of their duly authorized representatives, for the purpose of audit a examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of t accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the Unit States not later than six () mnths fllowing the clse of the fiscal yer for whi the audit was ma. I 6oooa i- 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with th 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 invitati for bids and shall be included in proposals or bids for the work. I 161 a,♦71 r4 71 = 9 n, It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), [i,reference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. Y7rin execuie Me project, S&OJUCr=P,' ails, sp;ecillcm �� 11� ' CS up 19)v- , ; , " 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 bi incorporated into this grant agreement. Any modification to the approved plans, Airport Sponsor Assurances 3/2014 Page 8 of 20 86 specifications, and schedules shall also be subject to approval of the Secretary, and Lncorporated into this grant agreement. 17. Construction Inspection and Approval. WfOlgfIOM UIC PUQL LO dNNUC LIIUL L11C XIL-111-K U0111*111IN Lill UIC-A.04MIN, •- 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 • in accordance with regulations • • prescribed ► the Secretary. Such regulations and procedures shall require such cost and progress r♦ by the sponsor ♦, •♦ ♦ such project as the Secretary shall deem necessary. OMM a. It will execute the project in accordance with the approved • 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 the planning •r- and planning work activities. I c. It will •- in all published material prepared in connection with the • ► a notice that the material was prepared under a grant • • the • 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 ♦ States or any ♦ 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 •♦ all ♦ any • of this project as well as the • to disapprove the r♦ scope and cost of professional services. g. It will grant the Secretary the right ♦ disapprove the use of the sponsor's employees to do all or any part of the project. HIM I W-1-4 rf-TTIM, a. The • 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 • as may • required ♦ prescribed by applicable Federal, Airport Sponsor Assurances 312014 Page 9 of 20 87 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 �,uU,*ses. It will suitv-Vy *�erqte zid, mvintaiiL tie aii7*rt axt all f?,cilities tierefoat 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; III Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of thl— airport. Nothing contained herein shall be construed to require that the airpo be operated for aeronautical use during temporary periods when snow, floo 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 circumstance beyond the control of the sponsor. I b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 11111�II!1111211 It will take appropriate action to assure that such terminal airspace as is required protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, t lowering, relocating, marking, or lighting or otherwise mitigating existing airpor I 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 V ,.ort to activities and -urQoses co=atible with normal airyort oyerations. 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 Rmds 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 Airport Sponsor Assurances 3/2014 Page 10 of 20 88 Airport Sponsor Assurances 312014 Page 11 of 20 89 IMOOMM33= 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 %aragrwy-h,. a single fixed -based •r- shall not be construed as an exclusive right if both of the following apply: would be unreasonably costly, burdensome, • 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 • •- any person, firm, or corporation, the exclusive right at the ♦• to • any aeronautical activities, including, but not • to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales • services, sale of aviation •• products whether ♦ not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale • aircraft ♦ and any • 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 • • an aeronautical activity now existing at such an airport before the grant • any assistance under Title 49, United States Code. 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 r• 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 • 1982, the .•. Airport Act or the Airport and Airway • Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that • 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 • property; or for noise • •; • • off the airport. The following exceptions apply to this paragraph: 1) If covenants • assurances in debt obligations issued before • 3, 1982, • the • • •r` • the airport, • provisions enacted before September 3, 1982, in •• statutes controlling the • • operator's financing, provide • the use ,• the revenues from any of the airport owner • Airport Sponsor Assurances 3/2014 Page 12 of 20 C• Reports and Inspections. It will: a. submit to the Secretary such • or special • and operations •! as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places • 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, • 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 • projects, make records and i• relating to the project and • compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary uI on reasonable request; and Airport Sponsor Assurances 3/2014 Page 13 of 20 d. in a fori-nat and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of governinent and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service c• 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 Goverm-nent 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 activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 3 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 Airport Sponsor Assurances 312014 Page 14 of 20 roads), including all proposed extensions and reductions of existing airport facilities; 3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and 4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs operate all facilities, or conduct all programs in compliance with all non- discrimination requirements imposed by, or pursuant to these assurances. I 1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. Airport Sponsor Assurances 312014 Page 15 of 20 3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. InNIMMI IS The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or IMMIMMEMMOM d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The iName of Sgonsorl in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (79 Stat. 252, 42 U.S.C. §§ 2000d to 20OOd-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation ani will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 412MM 1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally - assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non- discrimination in Federally -assisted programs of the DOT acts and regulations. 2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a Airport Sponsor Assurances 3/2014 Page 16 of 20 _M*1 covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into • the sponsor with other parties: a) • the subsequent transfer of real property acquired or • under the applicable activity, project, or program; and b) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found the Secretary to give reasonable guarantee that it, other recipients, sub -recipients sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such progr will comply with all requirements imposed or pursuant to the acts, the regulatio and this assurance. g. It agrees that the United States has a right to seek ♦ • with regard to any matter arising • the acts, the regulations, and this assurance. a. For land purchased under a grant for airport noise compatibility purposes, including land • as a noise buffer, it will dispose of the land, when the Ian( 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 such land will be, at tht discretion of the Secretary, (1) reinvested in another project at the airport, • (2) transferred to another eligible ♦ as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section • of title 49 United States Code, (3) reinvestment in an approved •{ development project that is eligible for grant funding under Sections 47114, 47115, or 47117 title 49 United States Code, (4) transferred to an eligible sponsor of another publ airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. I land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligib] for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal '• 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 • • to the Secretary, be reinvested •, transferred to • Airport Sponsor Assurances 312014 Page 17 of 20 eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approve( noise compatibility project, (2) reinvestment in an approved project that is eligib for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for graril funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (� transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance 1 (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of suc land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before Decembe 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 th operator or owner of the uses of such land, did not object to such use, and the lar continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 211111111112111111,11illillillille lip 1111�1111 11 J 1111 U I a plor M-rg--rf w f nu- Yt MYTTITIMOTT I I i iii• I•I I I ally PIEOJ 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 (the latest approved version as of this grant offer) and included in this grant, and in accordance Airport Sponsor Assurances 3/2014 Page 18 of 20 with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR • 24 and will pay • reimburse property • for necessary expenses as specified in • B. b. It will provide a relocation assistance •, 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 ♦ 49 CFR Part 24. c. It will make • within a reasonable period of time ► to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E • '• CFR Part 24. 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; •r, it has no •. to fund Special fdcilities for interc buses or for oth(M •r • transportation. 37. Disadvantaged Business Enterprises. MIJIU&J1161 B14mr-11141 C-Ataxw-INAM6111 IMM wily% ■ 1-3 —WfUrflay � ill Lip, refer the matter for enforcement under 18 U. S.C. 100 1 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long to lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. Airport Sponsor Assurances 312014 Page 19 of 20 a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that - 1) Describes the requests; 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February I or August I of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Sponsor Assurances 312014 Page 20 of 20 U.S. Department ofTransportation 4W Federal Aviation Administration OMB CONTROL NUMBER: 212O -056Q EXPIRATION DATE: 8/31/2019 Airport Improvement Program Sponsor Certification Sponsor: City ofYakima Airport: Yakima Air Terminal / McAllister Field Project Number: AIP No. 3-53-0089-40 Description of ' The project willremove and replace 11vehicle gates, 8pedestrian gates, and add security/safety lighting. Work will also include curb and sidewalk replacement to meet ADA requirements. Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out project under the Airport Improvement PnzQrann (A|P). Labor and civil rights standards applicable hoA|P are established by the Department of Labor(vvvvw.do|.gov/). AIP Grant Assurance C. 1 —General Federal Requirements identifies applicable federal |ovva, ragu|ationm, executive orders, po|ioieo, guidelines and requirements for assistance under AIR A list ofcurrent advisory oinou|anu with specific standards for pnoourement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34contained inthe grant agreement. Certification Statements Except for certification statements below marked aonot applicable (W/A).this list includes major requirements ofthe construction project. GeleodnQ^Yes^nepnaoantooponooraohnovvedgamartand confirmation ofthe certification statement. The term '\mi||"means Sponsor action taken atappropriate time based on the certification statement focus area, but no later than the end of the projectperiodof performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. ' 1, The plans and specifications were orwill be prepared inaccordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars, or FAA -accepted state standard, is necessary other than those explicitly approved bythe Federal Aviation Administration (FAA)(14USC §471U5). 2. Specifications incorporate orwill incorporate aclear and accurate description ofthe technical requirement for the material or product that does not contain limiting or proprietary features that FAA Form 5100-132 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 3. The development that is included or will be included in the plans is depicted on the current airport layout plan asapproved bvthe FAA (14USC 0471O7). 4. Development and features that are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications (FAA Order 5100.38, par. 3-43). 5. The specification does not use orwill not use "brand name" mrequal [oconvey requirements unless sponsor requests and receives approval from the FAA house brand name (FAA Order 510O.38.Table U-5). 7. The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential' entities from qualifying during the solicitation period (2 CFR §319(d)). 0 Yes El No E3 N/A M&MMENK, ME MITI Q. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract (FAA Order 51OD.88. par. 3-57). 10. The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)). 11. The design ofall buildings comply orwill comply with the seismic design requirements of4gCFR §41.12O.(FAA Order 51OO.3Gd.par. 3-92) 12. The projectapeoifioadonino|udeorwiUindudeprooeoocmntndendacoeptanmyteat required for the projectbYaeper the applicable standard: a. Construction and installation as contained in Advisory Circular (AC) 150/5370-10. 0Yea [l No [l N/4 FAA Form 51UO-132(1/17)SUPERSEDES PREVIOUS EDITION Page 2ofS Im b. Snow Removal Equipment aacontained inAC15D/522D-2O. El Yes E]No ED N/A o. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10. 13. For construction activities within ornear aircraft operational e : - a. The Sponsor has orwill prepare aconstruction safety and phasing plan (CSPP)conforming to Advisory Circular 150/5370-2. - b. Compliance with CGpPsafety provisions has been orwill beincorporated into the plans and specifications aoacontractor requirement. c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order 5100.38. Par. 5-29). 14. The project was orwill be physicallycompleted without federal participation incosts due b>errors and omissions in the plans and specifications that were foreseeable at the time of project design (4AUSC G4711O(b)(1)and FAA Order 51OO.38d.par. 3-1OO). 0 Yeo []No El N/A Attach documentation clarifying any above item marked with ^Nm"response. Sponsor's Certification | certify, for the project identifieUherein.reaponaeetotheforooingihemoanaaonurahaaemorkedmnd additional documentation for any item marked ^no^iocorrect and complete. Executed onthis day of Name ofSponsor: City ufYakima Name ufSponsor's Authorized Official: Cliff Moore Title ofSponsor's Authorized Official: City Manager Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-132 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 U.S. Department of Transportation Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 8/31/2019 Equipment•' Construction Contracts Airport Improvement••r •Certification 71 Sponsor: City of Yakima Airport: Yakima Air Terminal/ McAllister Field Project Number: AIP No. 3-53-0089-40 Description of Work: The project will remove and replace 11 vehicle gates, 8 pedestrian gates, and add security/safety lighting. Work will also include curb and sidewalk replacement to meet ADA requirements. Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General procurement standards for equipment and construction contracts within Federal grant programs are described in 2 CFR §§ 200.317-200.326. Labor and Civil Rights Standards applicable to the AIP are established by the Department of Labor (www.dol.gov) AIP Grant Assurance C.1—General Federal Requirements identifies all applicable Federal Laws, regulations, executive orders, policies, guidelines and requirements for assistance under the AIP. Sponsors may use state and local procedures provided the procurement conforms to these federal standards. This certification applies to all equipment and construction projects. Equipment projects may or may not employ laborers and mechanics that qualify the project as a "covered contract" under requirements established by the Department of Labor requirements. Sponsor shall provide appropriate responses to the certification statements that reflect the character of the project regardless of whether the contract is for a construction project or an equipment project. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A written code or standard of conduct is or will be in effect prior to commencement of the project that governs the performance of the sponsor's officers, employees, or agents in soliciting, awarding and administering procurement contracts (2 CFR § 200.318). ® Yes ❑ No ❑ N/A FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 4 102 2. For all contracts, qualified and competent personnel are or will be engaged to perform contract administration, engineering supervision, construction inspection, and testing (Grant Assurance C.17). ® Yes ❑ No ❑ N/A 3. Sponsors that are required to have a Disadvantage Business Enterprise (DBE) program on file with the FAA have included or will include clauses required by Title VI of the Civil Rights Act and 49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts. ® Yes [:]No ❑ N/A 4. Sponsors required to have a DBE program on file with the FAA have implemented or will implement monitoring and enforcement measures that: a. Ensure work committed to Disadvantaged Business Enterprises at contract award is actually performed by the named DBEs (49 CFR § 26.37(b)); b. Include written certification that the sponsor has reviewed contract records and has monitored work sites for performance by DBE firms (49 CFR § 26.37(b)); and c. Provides for a running tally of payments made to DBE firms and a means for comparing actual attainments (i.e. payments) to original commitments (49 CFR § 26.37(c)). ® Yes ❑ No ❑ N/A 5. Sponsor procurement actions using the competitive sealed bid method (2 CFR § 200.320(c)). was or will be: a. Publicly advertised, allowing a sufficient response time to solicit an adequate number of interested contractors or vendors; b. Prepared to include a complete, adequate and realistic specification that defines the items or services in sufficient detail to allow prospective bidders to respond; c. Publicly opened at a time and place prescribed in the invitation for bids; and d. Prepared in a manner that result in a firm fixed price contract award to the lowest responsive and responsible bidder. ® Yes ❑ No ❑ N/A 6. For projects the Sponsor proposes to use the competitive proposal procurement method (2 CFR § 200.320(d)), Sponsor has requested or will request FAA approval prior to proceeding with a competitive proposal procurement by submitting to the FAA the following: a. Written justification that supports use of competitive proposal method in lieu of the preferred sealed bid procurement method; b. Plan for publicizing and soliciting an adequate number of qualified sources; and c. Listing of evaluation factors along with relative importance of the factors. El Yes ❑ No ® N/A 7. For construction and equipment installation projects, the bid solicitation includes or will include the current federal wage rate schedule(s) for the appropriate type of work classifications (2 CFR Part 200, Appendix II). ® Yes ❑ No N/A FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 2 of 4 103 8. Concurrence was or will be obtained from the Federal Aviation Administration (FAA)prior to contract award under any of the following circumstances (Order 5100.38D): o. Only one qualified person/firm submits aresponsive bid; b. /ward is to be made to other than the lowest responsible bidder; and ' o. Life cycle costing ivafactor in selecting the lowest responsive bidder. nx Yeo 171 No El N/A Q. All construction and equipment installation contracts contain or will contain provisions for: a. Access toRecords (G2OU.338) b. Buy American Preferences (Title 4BU.S.C. §5O1O1) c Civil Rights - General Provisions and Title V|Assurances( 41CFR part 60) d. Federal Fair Labor Standards (2QU.S.C. § 201.etaeq) e. Occupational Safety and Health Act requirements (20 CFR part 1920) f. Seismic Safety — building construction (49CFR part 41) 8. State Energy Conservation Requirements -aoapp|ioab|e(2CFR part 2OO.Appendix ||) h. U.S. Trade Restriction (49 CFR part 30) i. Veterans Preference (48 USC §47112(c)) 10. All construction and equipment installation contracts exceeding $2,000 contain or will contain the provisions established by: a. Davis -Bacon and Related Acts (20CFR part 5) b. Copeland "Ant-Kiokbaoh"Act (29 CFR parts 3and 5) ��Yes 0 No El N/A 11. All construction and equipment installation contracts exceeding $3,000 contain or will contain contract provision that discourages distracted driving (E.O. 13513). 12. All contracts exceeding $10,000 contain or will contain the following provisions as applicable: a. Construction and equipment installation projects - Applicable clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity; b. Construction and equipment installation - Contract Clause prohibiting segregated facilities in accordance with 41 CFR part 60-1.8; c. Requirement to maximize use of products containing recovered materials in accordance with 2 CFR § 200.322 and 40 CFR part 247; and d. Provisions that address termination for cause and termination for convenience (2 CFR Part 200, Appendix 11). FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 4 104 13. All contracts and subcontracts exceeding $25.00D: Measures are in place orwill be in place (e.g. checking the System for Award Management) that ensure contracts and subcontracts are not awarded to individuals or firms suspended, debarred, or excluded from participating in federally assisted projects (2CFRparte18Uand12UO). 14. Contracts exceeding the simplified acquisition threshold (currently $150.00O)include orwill include provisions, as applicable, that address the following: a. Construction and equipment installation contracts -abid guarantee of5Y6.o performance bond of1OD96.and apayment bond of1OOY6(2CFR § 200.325); b. Construction and equipment installation contracts -naquiremenbooftheCmntroctVVork Hours and Safety Standards Act (4UUSC 37O1'37D8.Sections 1O3and 1O7); o. Restrictions onLobbying and Influencing (2CFR part 2OO.Appendix ||); d. Conditions specifying adminiatnative, contractual and legal remedies for instances where contractor of vendor violate or breach the terms and conditions of the contract (2 CFR §2OD.Appendix ||);and e. All Contracts - Applicable standards and requirements issued under Section 306 of the Clean Air Act (42USC 74O1-7671q).Section 5O8 ofthe Clean Water Act (33USC 1251- 1387.and Executive Order 11738. FRIYeo [] No M N/A Attach documentation clarifying any above item marked with "No'response. � Sponsor's Certification | certify, for the projectidentified herein, responses hothe forgoing items are accurate ammarked and additional documentation for any item marked "no" is correct and complete. Executed onthis day of . - Name ofSponsor: City of Yakima Name ofSponsor's AuthorizedOffioia|: Cliff Moore Title ofSponsor's AuthorizedOffioia|: City Manager Signature of So4mthohzed Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and vi|UbUy providing false information tothe federal government ioaviolation of 18 USC § 1001 (False Statements) and could subject metofines, imprisonment, orboth. FAA Form 51C0-131(1/17)SUPERSEDES PREVIOUS EDITION Page 4of4 U.S. Department of Transportation Federal Aviation Administration 105 OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 8/31/2019 Construction "• Acceptance Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal / McAllister Field Description of Work: The project will remove and replace 11 vehicle gates, 8 pedestrian gates, and add security/safety lighting. Work will also include curb and sidewalk replacement to meet ADA requirements. Application 49 USC § 47105(d), authorizes the Secretary to require me certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program. General standards for final acceptance and close out of federally funded construction projects are in 2 CFR § 200.343 — Closeout and supplemented by FAA Order 5100.38. The sponsor must determine that project costs are accurate and proper in accordance with specific requirements of the grant agreement and contract documents. Except for certification statements below marked not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgment and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. The personnel engaged in project administration, engineering supervision, project inspection, and acceptance testing were or will be determined to be qualified and competent to perform the work (Grant Assurance). ® Yes ❑ No ❑ N/A 2. Construction records, including daily logs, were or will be kept by the resident engineer/construction inspector that fully document contractor's performance in complying with: a. Technical standards (Advisory Circular (AC) 150/5370-12); b. Contract requirements (2 CFR part 200 and FAA Order 5100.38); and c. Construction safety and phasing plan measures (AC 150/5370-2). 3. All acceptance tests specified in the project specifications were or will be performed and documented. (AC 150/5370-12). ® Yes ❑ No ❑ N/A FAA Form 5100-129 (1/17) SUPERSEDES PREVIOUS EDITION page 1 of 3 IM 4. Sponsor has taken or will take appropriate corrective action for any test result outside of allowable tolerances (AC 150/5370-12). ® Yes ❑ No N/A 5. Pay reduction factors required by the specifications were applied or will be applied in computing final payments with a summary made available to the FAA (AC 150/5370-10). 6. Sponsor has notified, or will promptly notify the Federal Aviation Administration (FAA) of the following occurrences: a. Violations of any federal requirements set forth or included by reference in the contract documents (2 CFR part 200); b. Disputes or complaints concerning federal labor standards (29 CFR part 5); and c. Violations of or complaints addressing conformance with Equal Employment Opportunity or Disadvantaged Business Enterprise requirements (41 CFR Chapter 60 and 49 CFR part 26). FXJ Yes ❑ No ❑ N/A 7. Weekly payroll records and statements of compliance were or will be submitted by the prime contractor and reviewed by the sponsor for conformance with federal labor and civil rights requirements as required by FAA and U.S. Department of Labor (29 CFR Part 5). ®Yes ❑ No ❑ N/A 8. Payments to the contractor were or will be made in conformance with federal requirements and contract provisions using sponsor internal controls that include: a. Retaining source documentation of payments and verifying contractor billing statements against actual performance (2 CFR § 200.302 and FAA Order 5100.38); b. Prompt payment of subcontractors for satisfactory performance of work (49 CFR § 26.29); c. Release of applicable retainage upon satisfactory performance of work (49 CFR § 26.29); and d. Verification that payments to DBEs represent work the DBE performed by carrying out a commercially useful function (49 CFR §26.55). ®Yes ❑ No ® N/A 9. A final project inspection was or will be conducted with representatives of the sponsor and the contractor present that ensure: a. Physical completion of project work in conformance with approved plans and specifications (Order 5100.38); b. Necessary actions to correct punch list items identified during final inspection are complete (Order 5100.38); and c. Preparation of a record of final inspection and distribution to parties to the contract (Order 5100.38); ® Yes ❑ No ❑ N/A 10. The project was or will be accomplished without material deviations, changes, or modifications from approved plans and specifications, except as approved by the FAA (Order 5100.38). Al Yes ❑ No ❑ N/A FAA Form 5100-129 (1/17) SUPERSEDES PREVIOUS EDITION page 2 of 3 1m 11. The construction of all buildings have complied or will comply with the seismic construction requirements of48CFR G41.12O. F-1 Yea No �� F-1 �� N/A �� 12. For development projects, nponsorhomtskenorvvi||bakathefo||owin0c|ome-outacUono: a. Submit to the FAA a final test and quality assurance report summarizing acceptance test results, as applicable (Grant Condition); b. Complete all environmental requirements as established within the project environmental determination (Oder 51OO.38);and o. Prepare and retain as -built plans (Order 51DO.38). R7 Yeo F�No F� NAA 13. Sponsor has revised or will revise their airport layout plan (ALP) that reflects improvements made and has submitted or will submit an updated ALP to the FAA no later than 90 days from the period ofperformance end date. (49USC §471O7and Order 51OO.38). F�Yea RNo FX-] N/A Attach documentation clarifying any above item marked with^No^reoponom. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this day of Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Cliff Moore Title of Sponsor's Authorized Official: City Manager Signature of Sponsor's Authorized Official, I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-129 (1/17) SUPERSEDES PREVIOUS EDITION page 3 of 3 U.S. Department of Transportation QV Federal Aviation Administration 108 OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 8/31/2019 Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement• • • • •r Certification Sponsor: Yakima Air Terminal Airport: Yakima Air Terminal/ McAllister Field Project Number: AIP No. 3-53-0089-40 Description of Work: The project will remove and replace 11 vehicle gates, 8 pedestrian gates, and add security/safety lighting. Work will also include curb and sidewalk replacement to meet ADA requirements. Application Title 2 CFR § 200.112 and § 1201.112 address Federal Aviation Administration (FAA) requirements for conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award: a) The employee, officer or agent, b) Any member of his immediate family, c) His or her partner, or d) An organization which employs, or is about to employ, any of the above. Selecting "Yes" represents sponsor or sub -recipient acknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully comply with the certification statement. If "No" is selected, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR § 200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. Certification Statements The sponsor or sub -recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2 CFR § 200.318(c)). To the extent permitted by state or local law or regulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by contractors or their agents. ® Yes ❑ No FAA Form 5100-135 (2/17) SUPERSEDES PREVIOUS EDITION Page 1 of 2 IM 2. The sponsor's or sub -recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors , parties to sub -agreements (2 CFR § 200.318(c)). I FE3 19�� ro . I I 17�= T Fillifill i !Ili V I 111 . I I a �111!'111111711; Naga= have the explanation for any item marked "no" is correct and complete. MR11M. M���M Siqnature of Sponsor's Authorized Officiak I -Mwf&lrl I �WWII I � C11 willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. i U.S'Department Transportation FeunmuAviation AdministrationEXPIRATION DATE: 8/31/2019 HE OMB CONTROL NUMBER: 212U-0560 Selection of Consultants Sponsor: City ofYakima Airport Yakima Air Terminal/ McAllister Field Project Number: AIP No. 3-53-0089-40 Oescrio�nofV�� ' The project will remove and replace 11 vehicle gates, 8 pedestrian gates, and add security/safety lighting. Work will also include curb and sidewalk replacement to meet ADA requirements. Application 48UGC § 47105(d) authorizes the Secretary to require certification from the sponsor that itwill comply with the statutory and administrative requirements in carrying out project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in2CFR §§ 200.317-200.326. Sponsors may use other qualifications -based procedures provided they are equivalent hmstandards ofTitle 4Ochapter 11 and FAA Advisory Circular 15O/510O-14. Anohib*otuna|. Engineering, and Planning Consultant Services for Airport Grant Projects. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements ofthe construction project. Selecting ~Yeo^represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the and of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The amunoe of the requirement is referenced within parenthesis. 1. Sponsor acknowledges their responsibility for the settlement ofaUoontnsotusdandadministraUve issues arising out of their procurement actions (2 CFR § 200.318(k)). 2. Sponsor procurement actions ensure orwill ensure full and open competition that does not unduly limit competition (2 CFR § 200.319). 3. Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request-for- qualifications FAA Form 5100-134(2/17) SUPERSEDES PREVIOUS EDITION Page 1of3 M 4. The advertisement describes or will describe specific project statements -of -work that provide deardebai|ofrequiredaemioeavvithmutundu|yreothotingoomnetiUVnC2CFRQ2OO.319H. Mx Yes MNo 0 N/A 5. Sponsor has publicized orwill publicize aF<FQthat: a. Solicits anadequate number ofqualified sources (2CFR §2QO.32D(d)); and b. Identifies all evaluation criteria and relative importance (2 CIFIR § 200.320(d)). N Yes El No El N/A G. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being aselection factor (2CFR 02OO.32O(d)). 7. Sponsor has verified orwill verify that agreements exceeding $25.O00are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2CIFIR §180.300). FX1`fes El No El N/A 8. A/Eservices covering multiple projects: Sponsor has agreed hoorwill agree to: a. Refrain from initiating work covered by this procurement beyond five years from the date ofselection (AC 150/510O-14);and b. Retain the right to conduct new procurement actions for projects identified or not identified inthe RFQ(AC 15O/51O0-14). nxYao 171 No El N/A 8. Sponsor has negotiated or will negotiate ofair and reasonable fee with the firm they select oa most qualified for the services identified inthe RF{](ZCFR §2OO.323). 0Yem El No El N/A 10. The contract identifies orwill identify costs associated with ineligible work separately from costs associated with eligible work (2CFR §2OO.3O2). 0`feo 171 No El N/A 11. Sponsor has prepared orwill prepare arecord mf negotiations detailing the history ofthe procurement action, rationale for contract type and basis for contract fees (2 CFR §200.318(i)). 0Yaa El No El N/A 12. Sponsor has incorporated orwill incorporate mandatorycontact provisionsinthe consultant 9 Yes El No El N/A FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3 112 13. For contracts that apply a time -and -material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish: a. Justification that there is no other suitable contract method for the services (2 CFR §200.318(j)); b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.318(j)); and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200.318(j)). Z Yes ❑ No ❑ N/A 14. Sponsor is not using or will not use the prohibited cost -plus -percentage -of -cost (CPPC) contract method. (2 CFR § 200,323(d)). Z Yes El No ❑ N/A Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. Executed on this day of Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: CIliff Moore Title of Sponsor's Authorized Official: City of Yakima Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 U.S. Department of Transportation Federal Aviation Administration 113 OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 8/31/2019 D • -Free Workplace Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal / McAllister Field'' Project Number: AIP No. 3-53-0089-40 Description of Work: The project will remove and replace 11 vehicle gates, 8 pedestrian gates, and add security/safety lighting. Work will also include curb and sidewalk replacement to meet ADA requirements. Application 49 USG § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug-free workplace within federal grant programs are described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a drug-free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR § 182.205). ® Yes ❑ No ❑ N/A 2. An ongoing drug-free awareness program (2 CFR § 182.215) has been or will be established prior to commencement of project to inform employees about: a. The dangers of drug abuse in the workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. ® Yes ❑ No N/A FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 114 3. Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above prior to commencement of project (2 CFR § 182.210). ® Yes ❑ No ❑ N/A 4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. ® Yes ❑ No ❑ N/A 5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300). ® Yes ❑ No ❑ N/A 6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; and b. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. ® Yes El No ❑ N/A 7. A good faith effort will be made, on a continuous basis, to maintain a drug-free workplace through implementation of items 1 through 6 above (2 CFR § 182.200). IoME■�■ Site(s) of performance of work (2 CFR § 182.230); Location 1 Name of Location: Airport Administration Office Address: 2406 West Washington Avenue, Suite B, Yakima, WA 98903 Location 2 (if applicable) Name of Location: Airport Maintenance Shop Address: 3106 West Washington Avenue, Yakima, WA 98903 Location 3 (if applicable) Name of Location: Address: FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITIONPage 2 of 3 115 •a - • a tea• -. -• - ♦i Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this day of Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Cliff Moore Title of Sponsor's Authorized Official: City Manager Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 00-130 (1/17) SUPERSEDES PREVIOUS EDITION.-