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HomeMy WebLinkAbout05/01/2018 06D Federal Aviation Administration Grant; Yakima Air Terminal-McAllister Field Capital ImprovementsITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.D. For Meeting of: May 1, 2018 Resolution authorizing a grant application to the Federal Aviation Administration (FAA) for Capital I mprovement Projects at the Yakima Air Terminal -McAllister Field SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149 SUMMARY EXPLANATION: The Airport I mprovement 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 is eligible to receive federal grants under this program to replace aging infrastructure and equipment. These grant funds will assist rehabilitating approximately 22,000 square yards of asphalt pavement, associated drainage, aircraft tie -downs, pavement marking and apron lighting on the West General Aviation Apron; updating the Airport Layout Plan and providing a Narrative Report focusing on the development needs at the airport for a 20 -year planning horizon (2018-2038) and program for implementation within known funding constraints. It is estimated both grant applications will request approximately Two Million Two Hundred Fifty Thousand Dollars ($2,250,000), 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. Notes: • Projects are funded by FAA grants which will not impact the city's 2018 general fund budget. • Grant application for West GA Apron project will be submitted in June 2018 when construction bids are received. ITEM BUDGETED: STRATEGIC PRIORITY: Yes Public Safety APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: N/A ATTACHMENTS: Description Upload Date O Resolution 4/20/2018 O 2018 FAA Grant Application -ALP 4/24/2018 2 Type Resolution Backup Material 3 RESOLUTION NO. R -2018- A RESOLUTION authorizing grant application to the Federal Aviation Administration (FAA) for Capital Improvement Projects 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 rehabilitating approximately 22,000 square yards of asphalt pavement, associated drainage, aircraft tie -downs, pavement marking and apron lighting on the West General Aviation Apron; updating the Airport Layout Plan and providing a Narrative Report focusing on the development needs at the airport for a 20 -year planning horizon (2018-2038) and program for implementation within known funding constraints; and WHEREAS, the grant applications will request a total of approximately Two Million Two Hundred Fifty Thousand ($2,250,000) 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 rehabilitating the airport's West General Aviation Apron, updating the Airport Layout Plan and providing a Narrative Report for 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 1St day of May, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Application for Federal Assistance SF -424 * 1 Type of Submission: Preapplication Application El Changed/Corrected Application " 3, Date Received: 5a, Federal Entity Identifier: " 2. Type of Application: New ❑ Continuation n Revision 4; Applicant Identifier: YKM " If Revision, select appropriate letter(s): • Other (Specify): State Use Only: 6:, Date Re ved by State: 8. APPLICANT INFORMATION: * a. Legal Name: 9 7<S b. Employer/Taxpayer Identification Number (EINfTIN): 6001293 d. Address: Streetl: Street2: * City: County/Parish: " State: Province: Country: " Zip / Postal Code: 2 5b, Federal Award Identifier: 3-53 0089-042-2018 cation Identifier: c. Organizational DUNS: 0782126510000 4 OMB Number: 4040-0004 Expiration Date: 10/31/2019 Yakima Yakima WA: Washington 98903 e. Organizational Unit: Department Name: pity of Yakima USA: UNITED STATIS Division Name: Airport f. Name and contact information of person to be contacted on matters involving this application: Prefix: Middle Name: * Last Name: Suffix: Title Peterson Airport Direct Organizational Affiliation: "Telephone Number: " Email: 5095"756260 erson@yakimaairterminal.com " First Name: Fax Number: Application for Federal Assistance SF -424 * 9. Type of Applicant 1: Select Applicant Type: k: 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 11. Catalog of Federal Domestic Assistance Number: 20,106 CFDA Title: Airport improvement Program " 12. Funding Opportunity Number: 3--53-0089--041-2018 * Title: Airport Layout Flan Update & ACIS 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): " 15. Descriptive Title of Applicant's Project: Airport Layout Plan Update with AGIS Attach supporting documents as specified in agency instructions Add Attachments Add Attachment Delete Attachments View Attachments Delete Attachment I\flew Attachment 5 Application for Federal Assistance SF -424 16, Congressional Districts Of: * a, Applicant 4th/WA Attach an additional list of Program/Project Congressional Districts if needed, 17. Proposed Project: * a Start Date: 06/30/2018 18. Estimated Funding ($): *a Federal • b Applicant • c State * d Local * e Other * f Program Income *g TOTAL 400,000.00 22,222.00 22,222.00 0.00 0.00 0 00 444,444.00 Add Attachrrient * b Program/Project Delete Attachment * b. End Date: eth/en View Attachment 12/28/2019 * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? El a, This application was made available to the State under the Executive Order 12372 Process for review on Ell b. Program is subject to E.O. 12372 but has not been selected by the State for review. c, Program is not covered by EO. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) El Yes '21- 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) "* 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: Middle Name: * Last Name: Suffix: Title: t y Manager * Telephone Number: * Email: 50555Mb-6000 c11.moore@yakimawa.gov * Signature of Authorized Representative: * First Name: Fax Number: * Date Signed: 6 05/02 82018 7 CIP DATA SHEET AIRPORT Yakima Air Terminal - McAllister FieIdILOCID 1 YKM LOCAL PRIORITY #1 out of 10 PROJECT DESCRIPTION Airport Layout Plan Update & AGIS PLANNED YEAR TO: CONSTRUCT 2018 COST ESTIMATE: ADMINISTRATION: ENGINEERING: INSPECTION: $ 24444 1 SKETCH: _. ._.._ __ _.--.,-- -------. 4 $ $ 320,000 2 $100,000 (AGIS) 5 $ $ 3 $ TOTAL: $444444 _ .` - �° ::�` :t •. :.'` �,4-.i. �c1_'+;.. �' . ::.d..t `. .....-Pte, �p _ _ ilei . -. �i 21 �..�53 .0/- ma.. '-f-,- ..t. �. 'p _ �R_-... ___..-ti _4 .a.. _ ' g .rtev Iti �L -iiu" .r -�-a.-may:- f4� 7.• `P _`-,`! '� Iy ._ ._ ••-- -- 157 -. -- = .,+...w+-. � !ups i is IAC i ..�-moi JUSTIFICATION: 1 The Master Plan will be updated with new AGIS data and with alternatives that mitigate the Runway 22 relocated threshold and aligned taxiway. In addition, new south side development alternatives will be created. COST ESTIMATE: ADMINISTRATION: ENGINEERING: INSPECTION: $ 24444 1 1. Construction $ 4 $ $ 320,000 2 $100,000 (AGIS) 5 $ $ 3 $ TOTAL: $444444 Eed $ 400,000 State $ 22222 Local (%),, $ 22222 SPONSOR VERIFICATION: For each and every project as applicable Date (see instruction sheet or attached comments for more information) N/A -Date of approved ALP with project shown N/A -Date of environmental determination (ROD, FONSI, CatEx) N/A -Date of land acquisition or signed purchase agreement 2/25/13 -Date of pavement maintenance program N/A -Date of Benefit Cost Analysis (BCA) as required SPONSOR'S SIGNATURE: PRINTED NAME: PHONE NUMBER: Cliff Moore 509-575-6000 DATE: 5/2/2018 TITLE: City Manager EMAIL: c(iff.moorecyakimawa.gov FAA USE ONLY PREAPP NUMBER GRANT NUMBER NPIAS CODE WORK CODE - FAA PRIORITY FEDERAL$ 8 INSTRUCTIONS FOR COMPLETING CAPITAL IMPROVEMENT PLAN DATA SHEET A Capital Improvement Plan (CIP) Data Sheet must be submitted 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 of the airport, the LOCID, the local priority of the 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. An aerial photo can be used as long as it shows the proposed project information. JUSTIFICATION - Answers the questions of what it is, why is it needed and what is the benefit. This is a very important part of your 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 be added to the CIP. To help you prepare solid justification we have compiled the following list of suggestions, which you can use to support your assessment of the need for this project. Be sure to list all reasons and needs for your project and include a detailed description of existing conditions. Use extra pages if needed. For pavement rehabilitation include the age of the pavement, distresses, Pavement Condition Index (PCI) Rating (may be able to obtain this info from ODA), or any other factor that would affect pavement life. Include type of pavement (apron, runway) and dimensions (linear feet and width or square footage). Also include what you have done to maintain the pavement over its lifetime and the date of the last major rehabilitation (i.e. overlays, sealcoats, etc.) New taxiways/taxilanes — what will this taxiway/taxilane serve? Does it serve a hangar area? Is it a parallel taxiway? What width are you proposing? If you propose a width that is wider than FAA standards, indicate how that additional pavement will be funded. 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 be used (tie down area, etc). For fencing projects — indicate the height of the fence and lineal footage. Also, explain why the fence is needed (i.e. deer fencing, security, etc) • Land acquisition explain what the land is needed for — approach protection? Development such as a new hangar area? Also include if it is fee or easement. Include parcel numbers and acreage of those parcels. Please state if residences or businesses will be acquired. For Arrival/Departure Building, provide what type of facility you currently have and what you plan to build (square footage, types of rooms) COST ESTIMATE - The estimate of total cost including the Federal, State and Local shares. For first year projects, attach a detailed 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 in fee and land acquired in easement. Note if the project is dependent on other sources of funding (i.e. other agency grants) SPONSOR VERIFICATION - The verification that the project is properly planned and is ready to "go" within the first year of the CIP for 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 of the CIP program, the sponsor should be working towards satisfying these requirements. Date each item verifying that all project requirements are satisfied (check marks are not acceptable). 9 FAA Airports Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated: 1/24/2017 View the most current versions of these ACs and any associated changes at: http,// w.faa ov/airports/re o r~ce /advisory circulars lars arid' Mel/ fa 4ov/redtliatjons policies/advisory circular 70/7460-1 L Change 1 150/5020-1 150/5070-6B Changes 1 - 2 150/5070-7 Change 1 Obstruction Marking and Lighting Noise Control and Compatibility Planning for Airports The Airport System Planning Process 150/5100-13B Development of State Standards for Nonprimary Airports 150/5200-28F Notices to Airmen (NOTAMs) for Airport Operators 150/5200-30D Airport Field Condition Assessments and Winter Operations Safety 150/5200-31 C Changes 1 - 2 Airport Emergency Plan 150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport 150/5210-7D Aircraft Rescue and Fire Fighting Communications 150/5210-13C Airport Water Rescue Plans and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210-15A Aircraft Rescue and Firefighting Station Building Design FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 1/24/2017 ARP Page 1 of 5 10 Systems for Interactive Training of Airport Personnel Driver's Enhanced Vision System (DEVs) 15085220'1OE Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220-16D Automated Weather Observing Systems (AWOS) for Non -Federal Applications Aircraft Rescue and Fire Fighting (ARFF) Training Facilities Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-21C Aircraft Boarding Equipment 150/5220'22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220'23 Frangible Connections 150/5220-24 Foreign ObjecDebris Detection Equipment 150/5220-25 Airport Avian Radar Systems 150/5220'26. Changes 1 '2 Airport Ground Vehicle Automatic DependenSurveillance - Broadcas(ADS-2) Out Squitter Equipment 150/5300'7B 3 FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes 150/5300-13A, Change 1 Airport Design 150/5300-14C Design of Aircraft Deicing Facilities 150/5300'16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300'17C Standards for Using Remote Sensing Technologies in Airport Surveys 150/5300'18B Change 1 Survey and Data Standards for Submission of Aeronautical Data Using Airports GIS Airport Drainage Design 150/5320'6F Airport Pavement Design and Evaluation FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved ProjectsARP Updated 1/24/2017 Page umn 11 150/5320'12C. Changes 1 8Pavement Surfaces Measurement, Construction, and Maintenance of Skid Resistant Airport 150/5320'15A Management of Airport Industrial Waste Runway Length Requirements for Airport Design Standardized Method of Reporting Airport Pavement Strength - PCN 1505340'1L Standards for Airport Markings 150/5340-5O Segmented Circle Airport Marker System 150/5340'18F Standards for Airport Sign Systems Maintenance of Airport VisuaAid Facilities 150/5340'30H Design and Installation Details for Airport Visual Aids i505345 -3G Specification for L-821, Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 1505845'1OH Specification for Constant CurrenRegulators and Regulator Monitors 150/5345'12F Specification for Airport and Heliport Beacons 150/5345'13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345'28O FAA Specification For L-823 PIug and Receptacle, Cable Connectors 150/5345-27E Specification for Wind Cone Assemblies 150/5345-28G Precision Approach Path Indicator (PAPI) Systems 150/5345-39D Specification for L-853, Runway and Taxiway Retroreflective Markers Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345-43H Specification for Obstruction Lighting Equipmen Specification for Runway and Taxiway Signs 150/5345-5C Low -Impact Resistant (LIR) Structures FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved ProjectsARP Updated 1/24/2017 Page 3 of 5 12 150/5345-46E Specification for Runway and Taxiway Light Fixtures Specification for Series to Series Isolation Transformerfor Airport Lighting Systems 150/5345~49C Specification L-854, Radio Control Equipment "150534�5U150/5345-5013 Specification for Portable Runway and Taxiway Lights 150/5345-51B Specification for Discharge -Type Flashing Light Equipmen 1505345-52A Generic Visual Glideslope Indicators (GVGI) Airport Lighting EquipmenCertification Program Specification for L-684, Power and Control Unit for Land and HoId Short Lighting Systems 150/5345'55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345'568 Specification for L-890 Airport Lightirig Control and Monitoring System (ALCMS) 150/5360'12F 150/5360'13 Change 1 Airport Signing and Graphics Planning and Design Guidelines for Airport Terminal Facilities 150/5360'14 Access to Airports By Individuals With Disabilities 150/5370-2F Operational Safety on Airports During Construction 150/5370'1OG Standards for Specifying Construction ofAirports 150/5370'11B Use of Nondestructive Testing in the Evaluation of Airport Pavements Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt 150/6370'15B Airside Applications for Artificial Turf 150/5370'18 Rapid Construction of Rigid (Portland CemenConcrete) Airfield Pavements 150/5370-17 Airside Use of Heated PavemenSystems 150/5390-2C Heliport Design 150/5395-1A Seaplane Bases FAA Adv�o�oimmors Required for Use in Updated 1/24/2017 AIP Funded and PFC Approved Projects ARP Page 4 of 5 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 1/24/2017 150/5100-14E, Change 1 150/5100-17, Changes 1 - 6 150/5300-15A 150/5320-17A 150/5370-126 150/5380-6C 150/5380-7B 150/5380-9 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects Use of Value Engineering for Engineering and Design of Airport Grant Projects Airfield Pavement Surface Evaluation and Rating Manuals Quality Management for Federally Funded Airport Construction Projects Guidelines and Procedures for Maintenance of Airport Pavements Airport Pavement Management Program Guidelines and Procedures for Measuring Airfield Pavement Roughness 13 FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 1/24/2017 ARP Page 5 of 5 FAA Airports ASSURANCES Airport Sponsors 14 A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. Airport Sponsor Assurances 3/2014 Page 1 of. 20 15 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. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act — 5 U.S.C. 1501, et see 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(0.1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 1. Title 49, U.S.C., Section 303, (formerly known as Section 4(0) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.' s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq) 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.' w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, ct seq.2 y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Page 2 of 20 Airport Sponsor Assurances 3/2014 16 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 b. Executive Order 11990 c. Executive Order 11998 d. Executive Order 12372 - e. Executive Order 12699 - Building Construction' f. Executive Order 12898 - - Equal Employment Opportunity1 - Protection of Wetlands — Flood Plain Management Intergovernmental Review of Federal Programs Seismic Safety of Federal and Federally Assisted New Federal Regulations Environmental Justice a. 2 CFR Part 180 - OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non -Profit Organizations1.4' 5,6 c. 2 CFR Part 1200 — Nonprocurcment Suspension and Debarment d. 14 CFR Part 13 - Investigative and Enforcement Procedures14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150 - Airport noise compatibility planning. f. 28 CFR Part 35- Discrimination on the Basis of Disability in Statc and Local Government Services. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. h. 29 CFR Part 1 - Procedures for predetermination of wage rates.I i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States) 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).1 k. 41 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 - Unifo administrative requirements for grants and cooperative agreements to state and local governments.3 m. 49 CFR Part 20 - New restrictions on lobbying. n. 49 CFR Part 21 — Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. g. Airport Sponsor Assurances 32C14 Page 3 of 20 17 p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.' 2 q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. r. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistancc.1 s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. t. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial Assistance) v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction, Specific Assurances Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. Footnotes to Assurance C.1. 2 3 4 These laws do not apply to airport planning sponsors. These laws do not apply to private sponsors. 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 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-1 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-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. Airport Sponsor Assurances 3/2014 Page 4 of 20 18 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area ofthe airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. Airport Sponsor Assurances 3/2014 Page 5 of 20 19 b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. ICthe 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 noisc compatibility program projects which arc 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 agreemcnt with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to thc FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non- compliance with thc terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. g. Airport Sponsor Assurances 3/2014 Page 6 of 20 20 6. Consistency with Local Plas. The project is reasonably consistent with plans (existing at the time ofsubmission of this application) ofpublic agencies that are authorizcd by the State in which the project is located to plan for the development o[the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to thc interest ofcommunities in or near where the project may be located. 8. Consultation with Users. In making a decision to undcrtake any airport dcvelopment projectject under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In pr'eutuiuvo|ving1he\ocu1i000funuicyod, an airport runway, or a mjor runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, socia!, and environmenta! cffccts ofthe 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 thc Secretary. Further, for such p'ecis, it has on its management board either voting representation from the communities where the pr'ectis|oon1cdorbamadviocdtbcuooumuuniticuthat they have thc right to petition the Secretary concerning a proposed pr'ect. 10. Metropolitan Planning Organization. In pr'cctuiovo|viugtbs|ocodnuofounicport,anuirportrunvvuy.orom jor 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, ifany, a copy ofthe the proposed amendment to the airport Iayout plan to depict the project and unopyofnny airport master plan in which the project is described or depictcd. 11. Pavement Preventive Maintenance. With respect to a pject approved after January 1, 1995, for thc 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 ofany pavement constructed, reconstructed or repaired with Federal financial assistancc at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12, Terminal Development Prerequisites. For p'ectnn/hicbinc|ude|cnninn|dove|opnnentutupub|ioumcuirport,uodcOnediu Title 49, it has, on the date ofsubmittal ofthe project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and Airport Sponsor Assurances 3now Page r'xzo 21 has provided for access to the passenger enplaning and deplaning area ofsuch airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Ke'mg Requirements. a. 11 shall keep all projectject accounts and records which fully disclose thc amount and disposition by the recipient ofthe 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 ofthe cost ofthe project nupp|iedhyo1bermourocn,aodmuob other financial records pertinent to the pr'ocLTbeuonoun1saodrccocdoabu|\bc kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of|904. b. It shall make available to the Secretary and the Comptroller Gencral of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertlnent 10 this grant The Secretary may require that an approprlate audit be conducted hyorecipient. in any case in which an independent audit is made ofthe accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the pjuot in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close ofthe fiscal year for which the audit was made 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates ofwages, to be predetcrmined by the Secretary of Labor, in accordance with thc Davis -Bacon Act, auamended (4OO.0.[.276u-27du-5),which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in thc invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Bpecificmtimnm' It will execute the pject subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schcdulcs shall be submitted to the Secretary prior 10 commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, m�onxp".vAm"m"c�`/zow v�6*Gfz� 22 specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 1 8. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with thc approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, Airport Sponsor Assurances 3/2014 Page 9 of 20 23 state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - 1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or Airport Sponsor Assurances 3/2014 Page 10 of 20 24 to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - 1) furnish said services on a reasonable, and not ujustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, priccuforcucb unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses ofsuch airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to usc any fixcd-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. c. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant ofanothcr air carrierier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non - signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performingony services on its own aircrafl with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. In thc event the sponsor itselfexercises any of the rights and privilegcs rcfcrred to in this assurance, the services involved wilt be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor undcr thcse provisions. h. The sponsor may establish such reasonable, and not unjustlydiscrimiratory, conditions to be met by ati users ofthe airport as may be necessary for the safe and efficient operation ofthc airport. i. The sponsor may prohibit or limit any given type, kind or class ofacronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs ofthe public. g. Airport Sponsor Assurances 3/2014 Page 11 of 20 25 23. Exclusive 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, thc providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in cojunction 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 exclusivc right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy ofcollection. No part ofthe Federal share ofan airport dcvclopment, airport planning or noise compatibility projectject for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All rcvenues generated by thc airport and any local taxcs on aviation fuel established after December 30, 1987, wiU be expcndcd by it for the capital or operating costs of the airport; the local airport system; or other !ocal facilities which are owncd or operated by the owner or operator ofthe the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on oroff 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 Assuranccs 3/2014 Page 12 of 20 26 operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20 -year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and Airport Sponsor Assurances 3/2014 Page 13 of 20 27 d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that — a. b. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing 1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and Airport Sponsor Assurances 3/2014 Page 14 of 20 28 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 duc to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non- discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection thcrewith. Airport Sponsor Assurances ]/2)l4 Page 15 of 20 29 3) Real Property. Where the sponsor receives a grant or othcr Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurancc ob!igates the sponsor, or any transferee for the Ionger of the foliowing periods: 1) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2) So long as the sponsor retains ownership or possession of the property. ci. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requcsts For Proposals for work, or materia! under this grant agreement and in all proposals for agrcements, including airport concessions, rcgardless of funding source: "The(City ofofYakima), in accordance with the provisions ofTitic VI ofthe Civil Rights Act oflq04(70Stat. 252,42D.S.C.8G2000dto2OOOd-4)and the Regulations, hereby notifies all biddcrs 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 fbranuvvard." cii. Required Contract Provisions. 1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally - assisted programs of the DOT, and incorporating the acts and regulations into thc contracts by refcrence in every contract or agreement subjcct to the non- diocrinninn1ioo 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 10 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 thc basis ofrace, color, national origin, creed, sex, age, or handicap as a Airport Sponsor Assurances 3 2m^� � � Page 16 of 20 g. 30 covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to thc 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 20 31 eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposcs under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not objcct to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. 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. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 01/24/2017 (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 32 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 Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24, c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its 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. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 38. Hangar Construction. lf the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. Airport Sponsor Assurances 3/2014 Page 19 of 20 33 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that - 1) Describes the requests; 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Sponsor Assurances 3/2014 Page 20 of 20 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 34 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 35 CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 36 REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: Yakima Air Terminal _ McAllister Field LOCATION: City of Yakima AIP PROJECT NO.. 3-53-0089-042-2018 STATEMENTS APPLICABLE TO THIS PROJECT Airport Layout Plan Update & AGIS 00 a. INTEREST OF In formulating this project, consideration has been given to the interest of communities that are near (Exact name of airport) Yakima Air Terminal. b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, Stgte, or Local jurisdiction. c. FB0 The airport developmenbeen coordinated with the Fixed Base Operator(s) utilizing (Exacname of airport) Yakima Air TermnaJ and they have been informed regarding the scope and nature of this project. d' THE PROPOSED PROJECwith 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: DATE. � 5/2/18 TITLE: City Manager SPONSORING AGENCY: City 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. aIdentification of the Federal, state, or local governmental agency, or the person or persons opposing the project; b. The nature and basis ofopposition; c. Sponsors plan to accommodate or otherwise satisfy the opposition; 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; fSponsors plans, if any, to minimize any adverse effects of the project; B Benefits to be gained by the proposed development; and 37 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Date 4/25/18 Sponsor's Authorized Representative Title City Manager, City of Yakima 38 CERTIFICATION REGARDING LOBBYING Certification for Contracts Grants Loans and Cooperative Agreements The undersigned certifles to the best of his or her knowledge and belief that �K (2) If any funds other than Federal appropriated funds have been paid or will be p aid to any person for , influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an omoe,o,omp|ovo,mcon0mov.o,anemp|oyeeofuMomuoro,Cvnnmoxincvnnoctmnwnhm|nrvu Federal ,a | contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying 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 subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon wtiich reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making v,entering into this transaction (1)wuFederal appropriated funds have been paid n,�mn»epaid, ovo,onbehalf mthe undersigned, many 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. imposed by section 1m52,title m.�S.Code. Any person who fails to file the required certification shal/be subject macivil penalty of not less than mn.000and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement 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 statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. *APPLICANTS ORGANIZATION ity of Yakima ^PFowTeomAmsmvonTLeOrxuTHnnIZEoRePnE8swTATme Prefix:� * LasName: Moore � « � * �z'// czw��g°= * First Name: m�^ Middle Name: ^oATsy 0o/na/o10 U.S. Department of Transportation Federal Aviation Administration 39 FAA Form 5100-101, Application for Federal Assistance (Planning Projects) ^�� . .. .����. Paperwork Reduction Act Statement A federal agency may not conduct or sponsorand a person is not required to respond to, nor shall a person be subjecto a penalty for failure to comply with a collection of information subjecto the requirements of the Paperwork Reduction Ac unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 28 hours per response, including the time for reviewing inutnuctiono, searching existing data sources, gathering and maintaining the data nemdmd, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200; no assurance of confidentiality is provided. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, ASP -110. INSTRUCTIONS FOR FORM 5100-101, Application for Federal Assistance (Planning Projects) Part I of the Application for Federal Assistance consists of a completed Standard Form (SF) 424. The remaining parts of Form 5100-101 (Parts II, III, and IV) represent continuation pages that the Sponsor must attach to the SF -424 form. The signature of the Sponsor's authorized representative on the associated SF -424 form represents acceptance of the representations and certifications made within the corresponding FAA 5100-101 form. Part II — Project Approval Information Section A. Statutory Requirements This information is necessary for the Federal Aviation Administration to evaluate this requestfor Federal assistance. Responses do not require an explanation unless explicitly requested by the question. As necessary, provide any supplemental information by attaching sheets to this application. Item 1 — Indicate whether the Sponsor maintains an active registration in the Federal System for Award Management (SAM). Pursuant to 2 CFR §25.200(b), a Sponsor must maintain an active registration in the Central Contractor Registration repository (housed within www.SAM.gov) with current information at the time of the application and during the active period of the Federal award. Item 2 — Indicate whether the Sponsor can commence the projecwithin the same fiscal year the grant is made or within 6 months of when the grant is made, whichever is later. Attach explanation for negative responses. This information is considered when allocating available discretionary funds. (49 U.S.C. § 47115(d)(2)) Item 3— Indicate whether the Sponsor can complete the project without unreasonable delays. If applicable, provide listing of foreseeable events (e.g. sponsor share issues, controversial issues, coordination delays, etc.) that have potential to delay completion of the project. (49 USC § 47106(a)) FAA Form 5100-101 (4/16) SUPERSEDES PREVIOUS EDITION 40 Item 4 — Indicate whether the project covered by this request is also covered by another Federal assistance program .If the project, or portions thereof, is covered by another Federal assistance program, identify the Federal assistance program by name and the Catalog of Federal Domestic Assistance (CFDA) number. Item 5 — Indicate whether the Sponsor intends to seek reimbursemenof indireccosts as defined by 2 CFR §200.414 and 2 CFR Appendix VII to Part 200. This information request does not include the indirect costs claimed by a for-profit entity (e.g. consultant). The De Minimis rate may only be used if the Sponsor has not previously received a negotiated IndirectCost Rate (ICR) and does not exceed the limitations prescribed in Appendix VII to Part 200. A Sponsor with an existing approved negotiated ICR must identify the 1CR value, the name of the cognizant agency that approved the ICR and the date of approval. Limitations of use: Per policy, Sponsor's may only apply an approved ICR to allowable directsalary expenses that are reasonable and necessary to carry out the project. Section B. Certification Regarding Lobbying This section addresses the Sponsor's declaration regarding lobbying activities. The declaration made in the section are under signature of the authorized representative as identified in box 21 of form SF -424, to which this form is attached Title 31 U.S.C. § 1352 establishes that no appropriated funds may be expended by a recipient of a Federal grant to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this covered Federal assistance action. Pursuant to 40 CFR part 20, this certification attests that the Sponsor has not made, and will not make, any payment prohibited payment by 31 U.S.C. § 1352. Part 111 — Budget Information This form section is designed so thaapplication can be made for funds from one or more assistance programs. Include budget estimates for the whole project when completing Sections A, B, C, and D. All applications must contain a breakdown by the object class categories shown in Lines a -e of Section B. Section A. Budget Summary Lines 1-2, Columns (a) and (b) — For applications pertaining to a single grant program, enter on Line 1 under Column (a) the catalog program title and the Catalog of Federal Domestic Assistance (CFDA) number in Column (b). For applications pertaining to two funding programs, enter the program title on each line in Column (a) and the respective CFDA number (if applicable) on each line in Column (b). Lines 1-2, Columns (c) through (e) — For each line entry in Columns (a) and (b), enter in Columns (c), (d), and (e) the appropriate amounts of funds needed to support the project. For changes to an existing application, enter new budget values in Columns (c), (d), and (e). Line 3 — Show the totals for all columns used. Section B. BudgeCategories The column headings (1) and (2) correspond to the program titles shown for Lines 1-2, Column (a), Section A. For each program, fill in the total requirements for funds (both Federal and non -Federal) by object class categories. The sub- columnsaddnunotha^mmount"und^adjuobadomount".Thmoub'on|umnhor^odjuabadmmuunt"naodon|ybeoomp|ehed when revising a previously submitted application. The Total column represents the sum across all columns. Lines 4 a -d — Show the estimated amount for each cost budge(object class) category for each column with program heading. Line 4e — Entethe subtotal of lines 4a through 4d. Line 4f — Enter the estimated amount of program income, if any, the Sponsor expects to generate from this project. FAA Form 5100-101 (4/16) SUPERSEDES PREVIOUS EDITION ii 41 Line 4g — Subtracline 4f from line 4e. For all applications, the totaamount in Totacolunin, line 4g, must equal the total amount shown in Section A, Column (e), Line 3. Section C. Source of Non -Federal Resources Line 5-6 — Enter amounts of non -Federal resources that will be used on the grant. If in-kind contributions are included, provide a brief explanation on a separate sheet. Column (a) - Enter the program tities identical to Column (a), Section A. Column (b) - Enter the amount of cash and in-kind contributions to be made by the applicant. Column (c) - Enter the State contribution if the applicant is not a State or State agency. Applicants that are a State or State agencies should leave this colurnn blank. Column (d) Enter the amount of cash and inn -kind contributions to be made from all other sources. Column (e)'Enter the totals nfColumns (b).(o).and (d). Line 7 — Enter the total for each of Columns (b) -(e). The amount in Column (e) should be equal to the amount on Line 3, Column (d), Section A. Section D. Forecasted Cash Needs Line 8 — a. Column "Total for Project - Enter the amount of cash needed from the grantor agency for the project. b. Columns 1st Year through 4th Year — Enter the anticipated cash need from grantor agency per fiscal year.The numoyyearo1-4muatwque|theva|ueohownunderCo|umn^Tota|furPnojeot.^ Lines 814 - Enter the amount of cash from all other sources needed by quarter during the first year. Line 9 — a. Column "Total for Project"- Enter the amount of cash needed from non -Federal sources for the project. b. Columns 1st Year through 4th Year — Enter the anticipated cash need from non -Federal sources per fiscal year. The sum of years 1-4 must equal the value shown under Column "Total for Project." Line 10 — Enter the amount of cash from all other sources needed by fiscal year. Section E. Budget Estimates of Federal Funds Needed for Balance of the Project Section E. Other Budget Information Line 11 — Provide any other explanations required herein or any other comments deemed necessary. Part IV — Program Narrative Prepare the program narrative statement in accordance with the following instructions for all new grant programs. Requests for supplemental assistance should be responsive to Item 5b only. Requests for continuation or refunding or other changes of an approved project should be responsive to Item 5c only. 1. Objectives and Need for This Assistance Provide a short and concise description of the proposed planning effort. Include a brief narrative on the objective of the planning effort and why it is needed. 2. Results or Benefits Expected Identify anticipated results and benefits to be derived from this planning project. 3. Approach a. Outline a plan of action pertaining to the scope and detail of how the Sponsor proposes to accomplish the work. b. Identify any factors that might accelerate or impede progress of the planning effort. c. Provide list of activities in chronological order to show the anticipated schedule of accomplishments and their target milestone dates. FAA Form 5100-101 (4/16) SUPERSEDES PREVIOUS EDITION i� 42 d. Identify project monitoring and oversight mechanisms the Sponsor proposesto implement. e. List key individuals and entities such as consultant, Sponsor personnel and contractor who will work on the project. Provide a short description of the nature of their effort or contribution. 4. Geographic Location Identify the Iocation of the projectand surrounding area to be served by the proposed project. 5. If Applicable, Provide the Foliowing Information: Describe the relationship between this project and other work planned, anticipated, or underway under the Federal Assistance listed under Part II, Section A. If scope objectives change, explain the circumstances surrounding the need to revise [he application scope of work. FAA Form 5100-101 (4/16) SUPERSEDES PREVIOUS EDITION 1v 43 US. Department ofTransportauon OMB CONTROL NUMBER: 2120-0569 %re Federal Aviation Administration EXPIRATION DATE: 8/31/2019 Application for Federal Assistance (Planning Projects) Part II — Project Approval Information Section A — Statutory Requirements The term "Sponsor" refers to the applicant name as provided in box 8 of the associated SF -424 form. Item 1 El Yes No Does Sponsor maintain an active registration in the System for Award Management (www.SAM.gov)? Item 2 El Yes El No N/A Can Sponsor commence the work identified in the application in the fiscal year the grant is made or within six months after the grant is made, whichever is later? Are there any foreseeable events that would delay completion of the project? If yes, provide attachment to this form that lists the events. Yes No N/A Item 4 Is the projeccovered by another Federal assistance program? If yesplease identify other funding sources by the Catalog of Federal Domestic Assistance (CFDA) number. CFDA: EI Yes No N/A Will the requested Federal assistance include Sponsor indireccosts as described in 2 CFR Appendix Vil to Part 200, States and Local Government and Indian Tribe lndirectCost 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: 0Oo[Ninimiorate nf1O96mopermitted by2CFR § 200.414 0 Negotiated Rate equal to % as approved by (the Cognizant Agency) on(Datm)(2CFR part 2OO.appendix VII) Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs. FAA Form 5100-101 (4/16) SUPERSEDES PREVIOUS EDITION Page 1 of 4 44 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 Ianguage 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 5100-101 (4/16) SUPERSEDES PREVIOUS EDITION Page 2 of 4 Grant Program (a) 1. Airport Improvement Program 2. 3. TOTALS 4. Object Class Categories a. Administrative expense b. Airport Planning c. Environmental Planning d. Noise Compatibility Planning e. Subtotal f. Program Income g. TOTALS (line e minus line f) Grant Program (a) 5. WSDOT Grant Program 6. 7. TOTALS Source of funds 8. Federal 9. Non -Federal Part 111 — Budget Information Section A — Budget Summary Federal Catalog No (b) 20-106 Federal (c) 400,000 400,000 New or Revised Budget Non -Federal (d) Section B — Budget Categories (All Grant Programs) Airport Improvement Program (1) Amount 24,444 400,000 20,000 0 444,444 0 444,444 Adjustment + or (-) Amount (Use only for revisions) 44,444 44,444 Other Program (2) Amount Section C — Non -Federal Resources Applicant (b) 22,222 22,222 State (c) 22,222 22,222 Section D — Forecasted Cash Needs Total for Project 400,000 44,444 1st Year 2nd Year 300,000 24,444 $ loo,000 20 Adjustment + or (-) Amount (Use only for revisions) Other Sources (d) 3rd Year 45 Total (e) 444,444 444,444 Total 24,444 400,000 20,000 0 444,444 0 444,444 Total (e) 44,444 44,444 4th Year 10. TOTAL 444,444 324,444 120,000 Section E — Other Budget Information 11. Other Remarks: (attach sheets if necessary) Budget is based on estimate, actual numbers will be determined in the approved scope and fee. FAA Form 5100-101 (4/16) SUPERSEDES PREVIOUS EDITION Page 3 of 4 46 Part IV - Program Narrative (Suggested Format) PROJECT: Airport Layout Plan Update & AGIS AIRPORT: City of Yakima - McAllister Field 1. Objective: To update the 2015 Airport Master Plan report and Airport Layout Plan set and complete an AGIS obstruction survey. 2. Benefits Anticipated: 1. Update the twenty-year forecast; 2. Mitigate the Runway 22 relocated threshold and aligned taxiway; 3. Complete the AGIS survey; and 4. Provide a fresh look at development alternatives. 3. Approach: (See approved Scope of Work in Final Application) Element 1: Study Initiation and Management Element 2: AGIS Survey Element 3: Airport Data Collection and Facilities Inventory Element 4: Aeronautical Activity Forecasts and Demand Capacity Analysis Element 5: Facility Requirements Element 6: Alternatives Analysis Element 7: Airport Layout and Terminal Area Plans Element 8: Compatible Land Use Planning Element 9: Capital Improvement Program / Costs Element 10: Airport Financial Plan Element 11: Agency Coordination Element 12: Public Participation Element 13: Reports and Documentation 4. Geographic Location: City of Yakima, Yakima County Washington 5. If Applicable, Provide Additional Information: 6. Sponsor's Representative: (include address & telephone number) Cliff Moore, City Manager (509) 575-6000 City Hall, 129 N. 2nd Street, Yakima WA 98901 FAA Form 5100-101 (4/16) SUPERSEDES PREVIOUS EDITION Page 4 of 4 47 fell? U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-130, Drug -Free Workplace — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden Statement A federaagency may not conducor sponsor, and a person is not required to respond to, nor shall a person be subjecto a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Acunless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing inotnuctimno, searching existing data mouroeo, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Federal Aviation Administration at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection FAA Form 5100-130 48 Orb u/S.Department ovTransportation OMB CONTROL NUMBER: 2120-0569 Allipe Federal Aviation Administration EXPIRATION DATE: 8/31/2019 Drug -Free Workplace Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal - McAllister Field Project Number: 3-53-0089-042-2018 Description of Work: Airport Layout Plan Update & AGIS 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 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 Acof 1988. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major nuqu|nomontoofdhmoonutmntionpnoject.Se|eoUng^Yau^nmpreaentompunaorocknmw|adgementand 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 projecnotifying 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). El Yes 12 No ON/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; b. The sponsor's policy of maintaining a drug-free 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. ID Yes O No O N/A FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 49 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). ID Yes No ON/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. QQYes No El 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 ONJA G. 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 bsnnination, consistent with the requirements cfthe Rehabilitation Acof 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. 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). ID Yes No ON/A Site(s) mfperformance mfwork (2CFR §182.230): Location 1 Name of Location: Yakima Air Terminal - McAllister Field Address: 2406 W. Washington Rd, Suite 2 Yakima WA 98903 Location 2 (if applicable) Name of Location: Address: Location 3 (if applicable) Name of Location: Address: FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3 50 Attach documentation clarifying any above item marked with a "No" response. Sponsor's Certification 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 2 day of May , 2018 Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Cliff Moore Title of Sponsors Authorized OfficiaI: City Manager Signature of Sponsor's Authorized Official: |declare under penalty of perjury that the foregoing is true and correct. 1 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 510-13U(1/17)SUPERSEDES PREVIOUS EDITION Page omo 51 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-134, Selection of Consultants — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsorand a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Acunless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120'0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing inotructionm, searching existing data eouroau, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Federal Aviation Administration at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, ASP -110. FAA Form 5100-134 52 gjibu�.Department vrTransportation OMB CONTROL NUMBER: 2120-055 lap' Federal Aviation Administration EXPIRATION DATE: 8/31/2019 Selection of Consultants Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal - McAIIister Field Project Number: 3-53-0089-042-2018 Description of Work: � AirpnrtLayout Plan Update &AG|G 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 reponsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200.318(k)). Q0Yes No ON/A 2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200.319). 0QYes No 0N64 3. Sponsor has excluded or will exclude any entity that develops urdrafts mpecfiooUonm. 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). ID Yes No ON/A FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 53 4. The advertisement describes or wili describe specific projectstatements-of-work that provide clear detail of required services without unduly restricting competition (2 CFR §200.31Q). ID Yes No ON/A 5. Sponsor has publicized or will publicize a RFQ that: a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)). �Yes No ON/A 6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being a selection factor (2 CFR § 200.320(d)). ID Yes ONo ON/A 7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2 CFR §180.300). QgYes No []N/A 8. A/E services covering multiple projects: Sponsor has agreed to or will agree to: a. Refrain from initiating work covered by this procurement beyond five years from the date ofselection (AC 15U/51UO'14);and b. Retain the right to conduct new procurement actions for projects identified or not identified inthe RFQ(AC 15O/510O-14). OYes No ID N/A 9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as most qualified for the services identified in the RFQ (2 CFR § 200.323). ID Yes No ON/4 10. The Sponsors contractidentifies or will identify costs associated with ineligible work separately from costs associated with ehgible work(2 CFR § 200.302). E1 Yes No []N/A 11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contracttype and basis for contract fees (2 CFR §200.318(i)). g Yes No ON/4 12. Sponsor has incorporated or will incorporate mandatory contacprovisions in the consultant contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix U) OYes No N/A FAA Form 51OO-134(2hr)SUPERSEDES PREVIOUS EDITION Page oovo 54 13. For contracts that appy 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 mannervvitheffeotivecootoontoo|uinp|oue2CFRQ200.318(j)). []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)). El Yes No ONA\ Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification |certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked no" is correctand 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 2 day of May . 2018 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: 1 declare under penalty of perjury that the foregoing is true and correct. 1 understand that knowingly and willfully providing faise 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 Airport/Sponsor: AIP #: 55 TITLEVI PRE -AWARD SPONSOR CHECKLIST City of Yakima - Yakima Air Terminal - McAllister -Field 3-53-0089-042-2018 Project Description(s): Airport Layout Plan Update with AGIS Survey 1) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data concerning the race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or national origin. None 2) Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor. Include a summary of the findings. None (If"None", continue with questions 3 and 4) ) Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. None 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. None Review completed and approved: To be completed by the Civil Rights Staff 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 56 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-135, Certification and Disclosure Regarding Potential Conflicts of Interest — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing inotructiono, searching existing data sources, gathering and maintaining the data namded, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Federal Aviation Administration at: 800 Independence Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, ASP -110. FAA Form 5100-135 57 U.S. Department ofTransportation OMB CONTROL NUMBER: 2120-0569 lair/ Federal Aviation Administration EXPIRATION DATE: 8/31/2019 Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal - McAllister Field Project Number: 3-53-0089-042-2018 Description of Work: Airport Layout Plan Update & AGIS 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 (Al P), 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-recipienacknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully comp|yvviththeoarUfinationabdamanL|f^No^iaoe|eot»d.provdeoupportinhxnnmUnnaxp|einingthe 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 § 2OO.318(o)).The term ^w/i!|^means Sponsor action taken atappropriate time based onthe nedifiooUon statement focus area, but no later than the end of the project period of performance. Certification Statements 1. The sponsor or sub-recipienmaintains 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. CI Yes El No FAA Form 5100-135 (2/17) SUPERSEDES PREVIOUS EDITION Page 1 of 2 58 2. The sponsor's or sub -recipient's officers, employees or agents have not and will not solicit or accept gratulties, favorsor anything of monetary value from contractors, potential contractors, or parties to sub -agreements (2 CFR § 200.318(c)). El Yes l=1 No 3. The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict of interes(2 CFR § 1200.112). El Yes []No Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification |cadify, for the projecidentified 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 2 day of May , 2018 Name of Sponsor: City af Yakima Name of Sponsor's Authorized Official: Cliff Moore Title of Sponsor's Authorized Official: City Manager Signature mfSponsor's Authorized Official: �-==_� 1 declare under penalty of perjury that the foregoing is true and correct. 1 understand that knowingfy and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subjecme to fines, imprisonment, or bot . FAA Form 5100- 35 (2/17) SUPERSEDES PREVIOUS EDITION Page oof 2