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HomeMy WebLinkAboutR-2018-041 Federal Aviation Administration Grant; Yakima Air Terminal-McAllister Field Capital Improvements [FUNDING RESOLUTION] 3-53-0089-42RESOLUTION NO. R-2018-041 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 Cd�/ S nya CIbar ee, City Clerk OMB Number 4040-0004 Expiration Date: 10/31/2019 Application for Federal Assistance SF-424 * 1 Type of Submission: E Preapplication Application * 2. Type of Application: ' If Revision, select appropriate letter(s): 4 New Continuation Revision ' Other (Specify): Application Changed/Corrected * 3. Date Received: 4 Applicant Identifier YKM 5a. Federal Entity Identifier 5b. Federal Award Identifier 3-53-0089-042-2018 State Use Only: 6. Date Received by State: 7 State Application Identifier 8. APPLICANT INFORMATION: 'a. Legal Name: City of Yakima * b. Employer/Taxpayer Identification Number (EIN/TIN): ' c. Organizational DUNS: 91-6001293 0782126510000 d. Address. *Streetl Street2: *City County/Parish. `State: Province: 'Country' Zip / Postal Code: 2906 W. Washington Road Suite 2 Yakima Yakima WA. Washington USA: UNITED STATES 98903 e. Organizational Unit: Department Name: Division Name: City of Yakima Airport f Name and contact information of person to be contacted on matters involving this application: Prefix: Mr * First Name Robert Middle Name: * Last Name: Peterson Suffix: Title: Airport Director Organizational Affiliation: 'Telephone Number 5095756260 Fax Number * Email: rob.peterson@yakimaairterminal.com Application for Federal Assistance SF-424 * 9. Type of Applicant 1 Select Applicant Type: C City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency• Federal Aviation Administration 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 Plan Update & AGIS 13. Competition Identification Number. Title 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment , Delete Attachment r : View, Attachment- •` * 15. Descriptive Title of Applicant's Project: Airport Layout Plan Update with AGIS Attach supporting documents as specified in agency instructions. Add' Attachments,;. r':Delete Attachments L View, Attachments-." 1 Application for Federal Assistance SF-424 16. Congressional Districts Of. * a. Applicant 4th/wA * b. Program/Project 4th/WA Attach an additional list of Program/Project Congressional Districts if needed. z--. c,Add.Attachment3;,p r Delete,., Attachment; L View'Attachment & 17 Proposed Project: *a. Start Date: 06/30/2018 *b.End Date 12/28/2019 18. Estimated Funding ($). *a. Federal * b. Applicant *c.State * d. Local * e. Other * f Program Income *g.TOTAL 900, 000.00 22,222.00 22,222 00 0 00 0 . 00 0 . 00 444,944.00 * 19. Is Application a. This application b Program is subject Subject to Review By State Under Executive Order 12372 Process? was made available to the State under the Executive Order 12372 Process for review on to E.O 12372 but has not been selected by the State for review covered by E.O 12372. 0 c. Program is not * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) n Yes AL No If "Yes", provide explanation and attach 'A d ttachment_, r:Delete"Attachment, View"Attachment 21 *By signing this herein are true, complete comply with any resulting subject me to criminal, application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements and accurate to the best of my knowledge. I also provide the required assurances** and agree to terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency a **I AGREE ** The list of certifications specific instructions. Authorized Representative: Prefix Mr. * First Name: Cliff Middle Name: * Last Name. Moore Suffix: *Title: City Manager * Telephone Number 509-575-6000 Fax Number *Email: cliff moore@yakimawa.gov * Signature of Authorized Representative: * Date Signed: 0 5 / 02 / 2 018 CITY CONTRACT NO:. j1P2-- 4t.iA Cif/ RESOLUTION NO: CIP DATA SHEET AIRPORT Yakima Air Terminal - McAllister FieIdJLOCID I YKM LOCAL PRIORITY #1 out of 10 PROJECT DESCRIPTION Airport Layout Plan Update & AGIS PLANNED YEAR TO CONSTRUCT 2018 JUSTIFICATION: I 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. Construction $ 4 $ $320,000 r$ 2 $100,000 (AGIS) 5 $ $ 3 $ TOTAL: $444444 Federal ( %) $ 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: Cliff Moore PHONE NUMBER: 509-575-6000 DATE: 5/2/2018 TITLE: City Manager EMAIL: cliff.moore@yakimawa.gov FAA USE ONLY PREAPP NUMBER GRANT NUMBER NPIAS CODE WORK CODE FAA PRIORITY FEDERAL $ 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). FAA Airports Current FAA Advisory Circulars Required for Use in A8P Funded and PFC Approved Projects Updated 1/24/2017 View the most current versions ofUhoaoACnondanyaoaocahedohangoset: http://vwxwv.faa.qov/airportoreoouruao/advioory circulars and 70/7460'1L Change1 Obstruction Marking and Lighting 150/5020'1 Noise Control and Compatibility Planning for Airports 150/5070'6B Changea1 2 Airport Master Plans 150/5070'7 Change1 The Airport System Planning Process 150/5100'13B Development ofState Standards for NonprimoryAirports 150/5200'28F Notices toAirmen (NOTAN1o)for Airport Operators 150/5200'30D Airport Field Condition Assessments and Winter Operations Safety 150/5200'31C Changes 2 Airport Emergency Plan 150/5210'5D Painting, Marking, and Lighting oyVehicles Used onanAirport 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 m A|pFunded and ProApproved Projects Updated 1/24/2017 ARP Page 1ofs TITLE 150/5210'18A Systems for Interactive Training ofAirport Personnel 150/5210'19A Driver's Enhanced Vision System (DEVo 150/5220'10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF)Vehicles 150/5220'16D Automated Weather Observing Systems (AWOS) for Non -Federal Applications 150/5220'17B Aircraft Rescue and Fire Fighting (ARFF)Training Facilities 150/5220'18A Buildings for Storage and Maintenance ofAirport Snow and Ice Control Equipment and Materials 150/5220'20A Airport Snow and Ice Control Equipment 150/5220'21C Aircraft Boarding Equipment 150/5220'22B Engineered Materials Arresting Systems (EN1AS)for Aircraft Overruns 150/5220'23 Frangible Connections 150/5220'24 Foreign Object Debris Detection Equipment 150/5220'25 Airport Avian Radar Systems 150/5220'26. Changes 1 '2 Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS-B) Out SquittorEquipment 150/5300'7B FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes 150/5300'13A. Chnngo1 Airport Design 150/5300'14C Design ofAircraft Deicing Facilities 150/5300'18A General Guidance and Specifications for Aeronautical Surveys Establishment nfGeodetic Control and Submission tothe National Geodetic Survey 150/5300'17C Standards for Using Remote Sensing Technologies inAirport Surveys 150/5300'18B Changa1 Survey and Data Standards for Submission of Aeronautical Data Using Airports G|S 150/5320-5D Airport Drainage Design 150/5320'0F Airport Pavement Design and Evaluation FAA Advisory Circulars Required for Use m x/PFunded and ProApproved Projects Updated 1/24/2017 ARP UMBE ~ 150/53 O'1%C. Changen 1 -O Measurement, Construction, and Maintenance ofSkid Resistant Airport Pavement Surfaces 150/5320'15A Management ofAirport Industrial Waste 150/5325'4B Runway Length Requirements for Airport Design 150/5335'5C Standardized Method ofReporting Airport Pavement Strength 'PCN 150/5340'1L Standards for Airport Markings 150/5340'5D Segmented Circle Airport Marker System 150/5340'18F Standards for Airport Sign Systems 150/5340'28C Maintenance ofAirport Visual Aid Facilities 150/5340'30H Design and Installation Details for Airport Visual Aids 150/5345'3G Specification for L'821.Panels for the Control ofAirport Lighting 150/5345'58 Circuit Selector Switch 150/5345'7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345'10H Specification for Constant Current Regulators and Regulator Monitors 150/5345'12F Specification for Airport and Heliport Beacons 150/5345'13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345'26D FAA Specification For L'823Plug and Receptacle, Cable Connectors 150/5345'27E Specification for Wind Cone Assemblies 150/5345'28G Precision Approach Path |ndicator(PAP|) Systems 150/5345'39D Specification for L'853.Runway and Taxiway Retroraf|eudveMarkers 150/5345'42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345'43H Specification for Obstruction Lighting Equipment 150/5345'44K Specification for Runway and Taxiway Signs 150/5345'45C Low -impact Resistant (L|R)Structures FAA Advisory Circulars Required for Use m mPFunded and ProApproved Projects Updated 1/24/2017 ARP � 150/5345'46E Specification for Runway and Taxiway Light Fixtures 150/5345'47C Specification for Series b»Series Isolation Transformers for Airport Lighting Systems 150/5345'49C Specification L'854.Radio Control Equipment 150/5345'50B Specification for Portable Runway and Taxiway Lights 1505345'51B Specification for Discharge -Type Flashing Light Equipment 150/5345'52A Generic Visual G|idoo|opeIndicators (GVG|) 150/5345'53D Airport Lighting Equipment Certification Program 150/5345'548 Specification for L,884.Power and Control Unit for Land and Hold Short Lighting Systems 1505345'55A Specification for L'8O3.Lighted Visual Aid tnIndicate Temporary Runway Closure 150/5345'56B Specification for L'8AOAirport Lighting Control and Monitoring System (ALCK8S) 150/5360-12F Airport Signing and Graphics 150/5380'13 Chango1 Planning and Design Guidelines for Airport Terminal Facilities 1505360'14 Access hoAirports ByIndividuals With Disabilities 150/5370'2F Operational Safety onAirports During Construction 150/6370'1OG Standards for Specifying Construction ofAirports 150/5370'11B Use ofNondestructive Testing inthe Evaluation ofAirport Pavements 150/5370'13A Off -Peak Construction ofAirport Pavements Using Hot -Mix Asphalt 150/5370'15B AimidaApplications for Artificial Turf 150/5370'18 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 1505370-17 AiroideUse ofHeated Pavement Systems 1505390'2C Heliport Design 150/5395'1A Seaplane Bases FAA Advisory Circulars Required for Use m AIpFunded and nnApproved Projects Updated 1/24/2017 ARP THE FOLLOWING ADDITIONAL APPLY TO A|P PROJECTS ONLY Updated 1/24/2017 150/5100'14E. Chonge1 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 1505100'17. Changes 1 '6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5300'15/\ Use of Value Engineering for Engineering and Design of Airport Grant Projects 150/5320'17A Airfield Pavement Surface Evaluation and Rating Manuals 150/5370'12B Quality Management for Federally Funded Airport Construction Projects 150/5380'8C Guidelines and Procedures for Maintenance ufAirport Pavements 150/5380'78 Airport Pavement Management Program 150/5380'9 Guidelines and Procedures for Measuring Airfield Pavement Roughness FAA Advisory Circulars Required for Use in A/pFunded and PFCApproved Projects ARP upuateu1/2wcnn FAA Airports ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle 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 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 seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.' 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.' 1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 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.' 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, et seq.2 y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Airport Sponsor Assurances 3/2014 Page 2 of 20 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 1 1990 - c. Executive Order 11998 d. Executive Order 12372 - e. Executive Order 12699 - Building Construction' f. Executive Order 12898 - Federal Regulations Equal Employment Opportunity Protection of Wetlands — Flood Plain Management Intergovernmental Review of Federal Programs Seismic Safety of Federal and Federally Assisted New Environmental Justice a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide 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 Organizations].4, 5, 6 c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment d. 14 CFR Part 13 - Investigative and Enforcement Proceduresl4 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 State 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. 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).' 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 - Uniform 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 3/2014 Page 3 of 20 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 Assistance.' 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. 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-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. Airport Sponsor Assurances 3/2014 Page 4 of 20 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 of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. Airport Sponsor Assurances 3/2014 Page 5 of 20 g. 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. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non- compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. 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. Airport Sponsor Assurances 3/2014 Page 6 of 20 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 1 1. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and Airport Sponsor Assurances 3/2014 Page 7 of 20 has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, Airport Sponsor Assurances 3/2014 Page 8 of 20 specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. 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 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 to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non - signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. g. Airport Sponsor Assurances 3/2014 Page 11 of 20 23 Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or Airport Sponsor Assurances 3/2014 Page 12 of 20 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 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. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. 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 roads), including all proposed extensions and reductions of existing airport facilities; 3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and 4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non- discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. Airport Sponsor Assurances 3/2014 Page 15 of 20 3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2) So long as the sponsor retains ownership or possession of the property. ci. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (City of Yakima), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 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 the contracts by reference in every contract or agreement subject to the non- discrimination in Federally -assisted programs of the DOT acts and regulations. 2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a Airport Sponsor Assurances 3/2014 Page 16 of 20 covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another Airport Sponsor Assurances 3/2014 Page 17 of 20 eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 471 17(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. 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 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. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long 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 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 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 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. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended 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 • a. INTEREST OF NEIGHBORING COMMUNITIES In formulating this project, consideration has been given to the interest of communities that are near (Exact name of airport) Yakima Air Terminal ® 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, State, or Local jurisdiction • c. FBO COORDINATION The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing (Exact name of airport) Yakima Air Terminal, and they have been informed regarding the scope and nature of this project. ® d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked) BY: Cliff Moore DATE. 5/2/18 TITLE: City Manager SPONSORING AGENCY: City of Yakima NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; b The nature and basis of opposition, c. Sponsor's plan to accommodate or otherwise satisfy the opposition; d Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community e If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance, f Sponsor's plans, if any, to minimize any adverse effects of the project; g Benefits to be gained by the proposed development; and h Any other pertinent information which would be of assistance in determining whether to proceed with the project. 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 Sponsors Authorized Representative Title City Manager, City of Yakima Date 4/25/18 CERTIFICATION REGARDING LOBBYING 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 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 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 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. 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 City of Yakima * PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: * Last Name. * Title: * First Name. Cliff Moore City Manager Middle Name: Suffix: * SIGNATURE. * DATE. 05/02/2018 U S Department of Transportation Federal Aviation Administration FAA Form 5100-101, Application for Federal Assistance (Planning Projects) 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 28 hours per response, including the time for reviewing instructions, searching existing data sources, 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, 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 request for 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 project within 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 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 reimbursement of indirect costs 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 Indirect Cost 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 ICR 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 direct salary 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 III — Budget Information This form section is designed so that application 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. Budget Categories 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 - columns address the "amount" and "adjusted amount" The sub -column for "adjusted amount" need only be completed 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 budget (object class) category for each column with program heading Line 4e — Enter the 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 Line 4g — Subtract line 4f from line 4e For all applications, the total amount in Total column, 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 titles 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 column blank. Column (d) - Enter the amount of cash and inn -kind contributions to be made from all other sources. Column (e) - Enter the totals of Columns (b), (c), 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 sum of years 1-4 must equal the value shown under Column "Total for Project." 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 iii d. Identify project monitoring and oversight mechanisms the Sponsor proposes to 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 location of the project and surrounding area to be served by the proposed project. 5. If Applicable, Provide the Following 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 the application scope of work. FAA Form 5100-101 (4/16) SUPERSEDES PREVIOUS EDITION iv �1 U S Department of Transportation •/ Federal Aviation Administration OMB CONTROL NUMBER. 2120-0569 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 X Yes ❑ No Does Sponsor maintain an active registration in the System for Award Management (www.SAM.gov)? Item 2 X Yes ❑ 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? Item 3 Yes X No ❑ N/A Are foreseeable delay the If there any events that would completion of project? yes, provide attachment to this form that lists the events. Item 4 by Federal If identify Is the project covered another assistance program? yes, please other Yes X No ❑ N/A funding sources by the Catalog of Federal Domestic Assistance (CFDA) number. CFDA: Item 5 Will the requested Federal assistance include Sponsor indirect costs as described in 2 CFR ❑ Yes X No ❑ N/A Appendix VII to Part 200, States and Local Government and Indian Tribe Indirect Cost Proposals? If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply. ❑ De Minimis rate of 10% as permitted by 2 CFR § 200 414 ❑ Negotiated Rate equal to % as approved by (the Cognizant Agency) on (Date) (2 CFR part 200, appendix VII) Note. Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs. FAA Form 5100-101 (4/16) SUPERSEDES PREVIOUS EDITION Page 1 of 4 Section B — Certification Regarding Lobbying The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form The Authorized Representative certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure FAA Form 5100-101 (4/16) SUPERSEDES PREVIOUS EDITION Page 2 of 4 Part III — Budget Information Section A — Budget Summary Grant Program (a) Federal Catalog No (b) New or Revised Budget Federal (c) Non -Federal (d) Total (e) 1. Airport Improvement Program 20-106 $ 400,000 $ 44,444 $ 444,444 2. 3. TOTALS $ 400,000 $ 44,444 $ 444,444 Section B — Budget Categories (All Grant Programs) 4. Object Class Categories Airport Improvement Program (1) Other Program (2) Total Amount Adjustment + or (-) Amount (Use only for revisions) Amount Adjustment + or (-) Amount (Use only for revisions) a. Administrative expense $ 24,444 $ $ $ $ 24,444 b. Airport Planning 400,000 400,000 c. Environmental Planning 20,000 20,000 d. Noise Compatibility Planning 0 0 e. Subtotal 444,444 444,444 f. Program Income 0 0 g. TOTALS (line e minus line f) $ 444,444 $ $ $ $ 444,444 Section C — Non -Federal Resources Grant Program (a) Applicant (b) State (c) Other Sources (d) Total (e) 5. WSDOT Grant Program $ 22,222 $ 22,222 $ $ 44,444 6. 7. TOTALS $ 22,222 $ 22,222 $ $ 44,444 Section D — Forecasted Cash Needs Source of funds Total for Project 15t Year 2nd Year 3rd Year 4th Year 8. Federal $ 400,000 $ 300,000 $ 100,000 $ $ 9. Non -Federal 44,444 24,444 20 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 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 8 Compatible Land Use Planning Element 2: AGIS Survey Element 9. Capital Improvement Program / Costs Element 3 Airport Data Collection and Facilities Inventory Element 10. Airport Financial Plan Element 4 Aeronautical Activity Forecasts and Demand Capacity Analysis Element 11 Agency Coordination Element 5 Facility Requirements Element 12: Public Participation Element 6 Alternatives Analysis Element 13 Reports and Documentation Element 7 Airport Layout and Terminal Area Plans 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 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 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 instructions, searching existing data sources, 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 5100-130 �U.S Department of Transportation OMB CONTROL NUMBER: 2120-0569 `/ 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 Act of 1988 Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards The source of the requirement is referenced within parenthesis. 1 A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR § 182.205). ❑x Yes ❑ No ❑ N/A 2. An ongoing drug -free awareness program (2 CFR § 182.215) has been or will be established prior to commencement of project to inform employees about: a. The dangers of drug abuse in the workplace, b. The sponsors 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 ❑x Yes ❑ No ❑ N/A FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 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) DI Yes ❑ No ❑ N/A 4 Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will a. Abide by the terms of the statement; and b Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction p Yes ❑ No ❑ N/A 5 The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225) Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300) p Yes ❑ No ❑ N/A 6 One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted a Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; and b Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency p Yes Cl No ❑ N/A 7 A good faith effort will be made, on a continuous basis, to maintain a drug -free workplace through implementation of items 1 through 6 above (2 CFR § 182.200). p Yes ❑ No ❑ N/A Site(s) of performance of work (2 CFR § 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 Attach documentation clarifying any above item marked with a "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete Executed on this 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 I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 U.S Department of Transportation Federal Aviation Administration FAA Form 5100-134, Selection of Consultants — 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 instructions, searching existing data sources, 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 11 U S Department of Transportation OMB CONTROL NUMBER. 2120-0569 �/ Federal Aviation Administration EXPIRATION DATE. 8/31/2019 Selection of Consultants 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 for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200 326 Sponsors may use other qualifications -based procedures provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards The source of the requirement is referenced within parenthesis 1 Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200 318(k)) x❑ Yes ❑ No ❑ N/A 2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200 319). ❑x Yes ❑ No ❑ N/A 3 Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request -for - qualifications (RFQ) from competing for the advertised services (2 CFR § 200 319). ❑x Yes ❑ No ❑ N/A FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 4 The advertisement describes or will describe specific project statements -of -work that provide clear detail of required services without unduly restricting competition (2 CFR § 200 319). x❑ Yes ❑ No ❑ N/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)) ❑x Yes ❑ No ❑ N/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)). ❑x Yes ❑ No ❑ N/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). ❑xYes No ❑N/A 8 NE 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 of selection (AC 150/5100-14), and b Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14). ❑ Yes ❑ No ❑X 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). x❑ Yes ❑ No ❑ N/A 10 The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200 302). p Yes ❑ No ❑ N/A 11 Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200 318(i)). El Yes ❑ No ❑ N/A 12 Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work (49 U S C Chapter 471 and 2 CFR part 200 Appendix II) ❑x Yes ❑ No ❑ N/A FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3 13 For contracts that apply a time -and -material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish a Justification that there is no other suitable contract method for the services (2 CFR §200 318(j)), b. A ceiling price that the consultant exceeds at their risk (2 CFR §200 318(j)), and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200 318(j)) ['Yes ❑ No p 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)) O Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "no" response Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete 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 C,71467,* I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 Airport/Sponsor: AIP #: TITLE VI 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). 3) Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. ® None 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. ® None Review completed and approved: Date: To be completed by the Civil Rights Staff Signature This checklist is only required for projects that involve one of the following Environmental Assessment or Impact Statement (EIS), airport or runway relocation, major runway extension, relocation of any structure of person, or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW; Renton, WA 98057-3356. FAX: (425) 227-1009 Phone (425) 227-2009 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 instructions, searching existing data sources, 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 5100-135 x1 U S Department of Transportation OMB CONTROL NUMBER. 2120-0569 lim/ 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 (AIP), sponsors must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award a) The employee, officer or agent, b) Any member of his immediate family, c) His or her partner, or d) An organization which employs, or is about to employ, any of the above. Selecting "Yes" represents sponsor or sub -recipient acknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully comply with the certification statement. If "No" is selected, provide support information explaining the negative response as an attachment to this form This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR § 200 318(c)) The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance Certification Statements 1 The sponsor or sub -recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2 CFR § 200.318(c)) To the extent permitted by state or local law or regulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by contractors or their agents ❑x Yes ❑ No FAA Form 5100-135 (2/17) SUPERSEDES PREVIOUS EDITION Page 1 of 2 2 The sponsor's or sub -recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub -agreements (2 CFR § 200 318(c)) II Yes ❑ No 3 The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict of interest (2 CFR § 1200 112) I] Yes ❑ No Attach documentation clarifying any above item marked with "no" response Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation 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 Sponsor's Authorized Official City Manager Signature of Sponsor's Authorized Official I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both FAA Form 5100-135 (2/17) SUPERSEDES PREVIOUS EDITION Page 2 of 2 1 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 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 Improvement Program (Al P) provides grants to public agencies for planning and development of public -use airports that are included in the National Plan of Integrated Airport Systems. The Yakima Air Terminal -McAllister Field is one of many airports that 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 2 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: N/A ATTACHMENTS: Description Upload Date 0 Resolution 4/20/2018 0 2018 FAA Grant Application - ALP 4/24/2018 Type Resolution Backup Material STANDARD DOT TITLE VI ASSURANCES City of Yakima — Yakima Air Terminal (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U S C 2000d et seq) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21 23(a) and 21 23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2 It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith 4 Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6 This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. Page 1 of 2 STANDARD DOT TITLE VI ASSURANCES (Continued) 8 It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor DATED 5/9/2018 City of Yakima (Sponsor) (Signature uthorized Official) CITY CONTRACT NO' c2p/R RESOLUTION NO: 2O/f O // Page 2 of 2 OMB Number 4040-0004 Expiration Date: 10/31/2019 Application for Federal Assistance SF-424 * 1 Type of Submission: Preapplication Application * 2. Type of Application ' If Revision, select appropriate letter(s): a New Continuation n Revision * Other (Specify): AL Application Changed/Corrected * 3. Date Received: 4 Applicant Identifier 5a. Federal Entity Identifier 5b. Federal Award Identifier' 3-53-0089-042-2018 State Use Only' 6. Date Received by 7 State Application Identifier State. 8. APPLICANT INFORMATION * a Legal Name: City of Yakima * b. Employer/Taxpayer Identification Number (EIN/TIN): * c. Organizational DUNS 91-6001293 0782126510000 d. Address: *Streetl Street2 *City County/Parish: * State: Province: *Country- *Zip / Postal Code 129 2nd St. Yakima WA Washington USA UNITED STATES 98 901 e. Organizational Unit: Department Name Division Name: f Name and contact information of person to be contacted on matters involving this application: Prefix: * First Name: Cliff Middle Name: * Last Name Moore Suffix: Title: City Manager Organizational Affiliation: * Telephone Number 509-575-6040 Fax Number *Email' cliff moore@yakimawa.gov Application for Federal Assistance SF-424 * 9. Type of Applicant 1 Select Applicant Type: C City or Township Government Type of Applicant 2 Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify). * 10. Name of Federal Agency: Federal Aviation Administration 11 Catalog of Federal Domestic Assistance Number 20-106 CFDA Title: Airport Improvement Program * 12. Funding Opportunity Number * Title. 13. Competition Identification Number Title: 14 Areas Affected by Project (Cities, Counties, States, etc.): EIr4,Add Atta hmentx 'i'Delete Attachm nt ; ViewAttachment , * 15. Descriptive Title of Applicant's Project: West General Aviation (GA) Apron Rehabilitation Project Attach supporting documents as specified in agency instructions. ABii'Attachments : f Delet 4q0, hments: _ i. w:Attactiments. 1 Application for Federal Assistance SF-424 16. Congressional Districts Of. * a Applicant wA-004 * b. Program/Project wA-004 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment,,D eteAttachmenta; rvView.Attachment 4- 17 Proposed Project: * a. Start Date: 0 8 / 15 / 2 018 * b. End Date: 10 / 15 / 2 018 18. Estimated Funding ($): *a. Federal * b. Applicant 'c State ' d. Local ' e. Other ' f Program Income *g.TOTAL 1,827,386.19 101,521.44 101,521.44 2,030,429.07 * 19. Is Application a. This application Subject to Review By State Under Executive Order 12372 Process? was made available to the State under the Executive Order 12372 Process for review on to E.O 12372 but has not been selected by the State for review covered by E.O 12372. b Program is subject c. Program is not * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) n Yes A� No If "Yes", provide explanation and attach .+` `X't",, ,,,. Tii-7,— f,• . nM. 04-z "a r,-,�-,..?T,-}-";-;_ :R Add- Attachment?' ; i,Delete'Attachment ; K ` View ,.-nr.`.�'(c .' Attachment 21 *By signing this herein are true, complete comply with any resulting subject me to criminal, application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements and accurate to the best of my knowledge. I also provide the required assurances** and agree to terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency ** I AGREE *' The list of certifications specific instructions. Authorized Representative: Prefix: ' First Name: Cliff Middle Name. * Last Name: Moore Suffix: *Title: City Manager * Telephone Number 505-575-6040 Fax Number *Email cliff.moore@yakimawa.gov * Signature of Authorized Representative: CT1- * Date Signed: 01 1 g li CITY CONTRACT NO' RESOLUTION NO: ry U S Department of Transportation Federal Aviation Administration FAA Form 5100-100, Application for Federal Assistance (Development and Equipment Projects) Paperwork Reduction Act Burden 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 28 hours per response, including the time for reviewing instructions, searching existing data sources, 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.0 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 5100-100 PART I — Application for Federal Assistance Part I of the Application for Federal Assistance consists of a completed Standard Form (SF) 424 The remaining parts of Form 5100-100 (Parts II, 1111 and IV) represent continuation pages that the Sponsor must attach to the associated SF-424 form The signature of the Sponsor's authorized representative on the SF-424 form represents acceptance of the representations and certifications made within the corresponding FAA 5100-100 form PART II — Project Approval Information This information is necessary for the Federal Aviation Administration to evaluate this request for Federal assistance Responses do not require an explanation unless explicitly requested by the question SECTION A. STATUTORY CONDITIONS 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 SAM) 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 project within 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 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 (winter shutdown, land acquisition issues, non - aeronautical events, etc ) that have potential to delay completion of the project. (49 USC § 47106(a)) Item 4 — Indicate whether the environmental review (i e environmental assessment, mitigated FONSI, etc.) identified impacts or effects on the environment that require mitigating measures that lessen the impact or effect on the environment. If yes, provide a summary listing of mitigating measures. (49 U S C. § 47106(c)) Item 5 — Indicate whether the project covered by this request is also covered by an approved Passenger Facility Charge (PFC) application or other Federal assistance program by selecting all applicable check boxes (49 U.S C § 40117(d) and 2 CFR § 200 403) If the approved PFC application only addresses the Sponsor's AIP matching share, select the appropriate check box. 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 6 — Indicate whether the Sponsor intends to seek reimbursement of Sponsor indirect costs 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 Indirect Cost Rata (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 ICR 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 direct salary 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 FAA Form 5100-100 ii SECTION C. REPRESENTATIONS AND CERTIFICATION 1 Compatible Land Use (49 U S C § 47107(a)(10)) — Identify actions the Sponsor has taken to assure land uses in close proximity to the airport are compatible with normal airport operations 2. Defaults — Confirm that Sponsor is not in default on any obligation to the United States or any agency of the United States government. 3 Possible Disabilities — Confirm that Sponsor has no facts or circumstances (i e legal, financial or otherwise) that might adversely affect the Sponsor in completing the project and carrying out the provisions of the associated Grant Assurances. 4 Consistency with Local Plans (49 U S C § 47106(a)) — Confirm project is consistent with plans (existing at the time the project is approved) of public agencies authorized by the State in which the airport is located to plan. 5 Consideration of Local Interests (49 U.S C § 47106(b)) — Confirm the Sponsor has given fair consideration to the community in and near the project. 6. Consultation with Users (49 U S C. § 47105(a)) - Confirm the Sponsor has consulted with airport users that will be affected by the project. 7 Public Hearings (49 U S C § 47106(c)) — For projects involving the location of an airport, runway or major runway extension, confirm the Sponsor. a Provided an opportunity for a public hearing to consider economic, social and environmental effects of the project. b Has voting representation from the communities in which the project is located, or has advised the communities that they have the right to petition the Secretary about the proposed project. 8. Air and Water Quality Standards - Confirm Sponsor will comply with applicable air and water quality standards. 9. Exclusive Rights (49 U S C § 47107(a) — Identify all instances of exclusive rights to conduct aeronautical services at the airport. 10. Land (49 U.S.C. § 47106(b)) — a Identify property interests specific to the development project and/or land acquisition. The declaration of property interest is to be based upon a title opinion submitted by an attorney When identifying the property interest, use the same parcel numbers as used to identify the property on the associated Exhibit A property map Example "Sponsor maintains property interest as depicted within the property table on the Exhibit A property map dated _/ / originally filed with AIP Project llllll " b Complete this subpart if the Sponsor proposes a project for which they have not yet obtained appropriate property interests Note that the work may not commence until Sponsor obtains acceptable property interests Identify such property by parcel number that corresponds to the associated Exhibit A property map c. Complete this subpart when acquiring property interests under the grant. Identify such property by parcel number that corresponds to the associated Exhibit A property map FAA Form 5100-100 iii PART III — Budget Information SECTION A. GENERAL 1. Federal Domestic Assistance Catalog Number - Show the Federal Domestic Assistance Catalog Number from which the assistance is requested 2. Functional or Other Breakout: Indicate "Airport Improvement Program" Prepare a separate set of Part III forms for other Federal program categories SECTION B. CALCULATION OF FEDERAL GRANT When applying for a new grant, use the Total Amount Column only Use all columns when requesting revisions of previously awarded amounts Line 1 - Enter amounts needed for administration expenses, which may include such items as legal fees, mailing/shipping expenses, audit fees and documented Sponsor employee time that is necessary to administer the grant. Line 2 - Enter amounts pertaining to allowable preliminary expenses These include such expenses as independent fee estimate preparation, advertising expenses and permits. Line 3 - Enter amounts directly associated with the acquisition of land, existing structures, and related right-of-way. Line 4 - Enter fees for architectural engineering basic services. Line 5 - Enter amounts for architectural engineering special services (e g surveys, tests and borings) Line 6 - Enter fees for inspection, testing and monitoring of construction and related programs Line 7 - Enter amounts associated with the development of land where the primary purpose of the grant is land improvement. Site work normally associated with major construction should be excluded from this category and shown on line 11 Line 8 - Enter the dollar amounts needed to provide relocation advisory assistance, and the net amounts for replacement (last resort) housing Do not include relocation administration expenses on this Line; include them on Line 1 Line 9 - Enter the estimated amount of relocation payments to be made to displaced persons, business concerns, and non-profit organizations for moving expenses and replacement housing Line 10 - Enter the cost of demolition or removal of improvements on developed land Reduce the costs on this line by the amount of expected proceeds from the sale of salvage, if so instructed by the Federal grantor agency Otherwise, show the proceeds on Line 15 Line 11 - Enter amounts for the actual construction of, addition to or restoration of a facility Include in this category the amounts of project improvements such as grading, drainage, paving, marking, lighting, buildings, seeding/sodding, etc. Line 12 - Enter amounts for equipment. Examples include ARFF vehicles, SRE equipment, AWOS equipment, interactive training, NAVAID equipment, etc.) Line 13 - Enter miscellaneous amounts for items not specifically covered by previous categories FAA Form 5100-100 iv Line 14 - Enter the sum of Lines 1-13 Line 15 - Enter the estimated amount of program income that will be earned during the grant period and applied to the program Examples include vehicle trade-in value, sale of millings resulting from project, credits passed on from contractor, etc. This line may be used to indicate applied liquidated damages Line 16 - Enter the difference between Line 14 and Line 15 Line 17 - Enter the aggregate amount for those items, which are a part of the project but not subject to Federal participation Refer to Section C, exclusions Line 18 — Enter the subtotal sum of Lines 16 and 17 (This is the amount to which the matching share ratio prescribed in program legislation is applied ) Line 19 - Indicate the total amount of the Federal assistance requested This value is determined by multiplying the grant participation rate by the amount indicated in line 18. Line 20 — Indicate the amount of the Grantee's share (from Section D) Line 21 — Indicate the amount of other shares (from Section D) Line 22 — Indicate sum of Lines 19, 20 and 21 SECTION C. EXCLUSIONS Line 23 a-g - Identify and list those costs which are part of the project cost but are not subject to Federal participation because of program legislation or Federal grantor agency instructions The total amount on Line g should agree with the amount shown on Line 17 of Section B SECTION D. PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE Line 24 a-g - Show the source of the grantee's share If cash is not immediately available, specify the actions completed to date and those actions remaining to make cash available under Section E - Remarks Indicate also the period of time that will be required after execution of the grant agreement to obtain the funds. If there is a non -cash contribution, explain what this contribution will consist of Line 24h - Indicate total of Lines 24 a-g This amount must equal the amount in Section B, Line 20 Line 25a - Show the amount that will be contributed by a State or state agency, only if the applicant is not a State or state agency If there is a non -cash or other contribution, explain what the contribution will consist of under Section E - Remarks. Line 25b - Show the amount that will be contributed from other sources If there is a non -cash contribution, explain what the contribution will consist of under Section E - Remarks. Line 25c - Show the total of Lines 28a and 28b This amount must be the same as the amount shown in Section B, Line 21 Line 26 - Enter the totals of Lines 24h and 25c. SECTION E. OTHER REMARKS Make any remarks pertinent to the project and provide any other information required by these instructions or the grantor agency Attach additional sheets, if necessary FAA Form 5100-100 v 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 improvement. Include a narrative on why this improvement is needed 2. RESULTS OR BENEFITS EXPECTED Identify results and benefits to be derived For example, include a description of who will occupy the facility and show how the facility will be used For land acquisition or development projects, explain how the project will benefit the public. 3. APPROACH a Outline a plan of action pertaining to the scope and detail of how the Sponsor proposes to accomplish the work. b Cite factors, which might accelerate or decelerate the work, and your reason for taking this approach as opposed to others Describe any unusual features of the project such as construction approach, reductions in cost or time or extraordinary social and community involvements. c Provide projections of project milestone dates As a minimum, identify target dates for defining project costs (i e bid opening or completion of negotiations), anticipated issuance of notice -to - proceed and anticipated project completion date d Identify monitoring and oversight mechanisms the Sponsor proposes to 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 location of the project. This will typically be the name of the airport. 5. IF APPLICABLE, PROVIDE THE FOLLOWING INFORMATION: a. Describe the relationship between this project and other work planned, anticipated or underway under the Federal Assistance listed under Part II, Section A, Item 5 b Explain the reason for all requests for supplemental assistance and justify the need for additional funding c If there have been significant changes in the project objectives, location, approach or time delays, explain and justify For other requests for changes or amendments, explain the reason for the change(s) If the scope, budget, or objectives have changed or an extension of time is necessary, explain the circumstances and justify 6. SPONSOR'S REPRESENTATIVE Identify contact information of Sponsor's representative FAA Form 5100-100 vi p, U S Department of Transportation e/ Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE. 8/31/2019 Application for Federal Assistance (Development and Equipment Projects) PART II — PROJECT APPROVAL INFORMATION Part II - SECTION A The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form Item 1. Does Sponsor in the System for Award Management maintain an active registration X Yes ❑ No (www SAM gov)? Item 2. Can Sponsor the identified in the in the fiscal the commence work application year X Yes No ❑ N/A is the is is later? ❑ grant made or within six months after grant made, whichever Item 3. Are there any foreseeable events that would delay completion of the project? If yes, ❑ Yes X No ❑ N/A provide attachment to this form that lists the events. Item 4. Will the project(s) covered by this request have impacts or effects on the environment that require mitigating measures? If yes, attach a summary listing of ❑ Yes X No ❑ N/A mitigating measures to this application and identify the name and date of the environmental document(s) Item 5. Is the project covered by this request included in an approved Passenger Facility Charge (PFC) application or other Federal assistance program? If yes, please X Yes ❑ No ❑ N/A identify other funding sources by checking all applicable boxes. X The project is included in an approved PFC application If included in an approved PFC application, does the application only address AIP matching share? X Yes ❑ No ❑ The project is included in another Federal Assistance program. Its CFDA number is below Item 6. Will the Federal include Sponsor indirect described in requested assistance costs as Yes X No ❑ N/A 2 CFR Appendix VII to Part 200, States and Local Government and Indian Tribe Indirect Cost Proposals? If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply ❑ De Minimis rate of 10% as permitted by 2 CFR § 200 414 ❑ Negotiated Rate equal to % as approved by (the Cognizant Agency) on (Date) (2 CFR part 200, appendix VII) Note Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs. FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 1 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE. 8/31/2019 PART II - SECTION B Certification Regarding Lobbying The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form The Authorized Representative certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 2 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE. 8/31/2019 PART II — SECTION C The Sponsor hereby represents and certifies as follows 1. Compatible Land Use — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Airport Overlay Ordinance protects land uses that are incompatible with airports. Yakima Municipal Code Chapter 15.30 and 15.04 discusses zoning and incompatible land uses in relation to the airport. 2. Defaults — The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith Correct. 3. Possible Disabilities — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows. N/A 4. Consistency with Local Plans — The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Yes 5. Consideration of Local Interest — It has given fair consideration to the interest of communities in or near where the project may be located. Yes 6. Consultation with Users — In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project (§ 47105(a)(2)) Yes Project aligns with the Master Plan and Airport Layout Plan, which underwent public comment. 7. Public Hearings — In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. N/A 8. Air and Water Quality Standards — In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary N/A FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 3 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE. 8/31/2019 PART II — SECTION C (Continued) 9 Exclusive Rights — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows None 10 Land — (a) The sponsor holds the following property interest in the following areas of land, which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A" [1] See Exhibit A, approved on March 2015, on file with the FAA Seattle Airport District Office The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] N/A (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A" [1] N/A State the character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 4 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE. 8/31/2019 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A — GENERAL 1 Federal Domestic Assistance Catalog Number. 20-106 2 Functional or Other Breakout: SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Latest Approved Amount (Use only for revisions) Adjustment + or (-) Amount (Use only for revisions) Total Amount Required 1 Administration expense $ 5,000 2. Preliminary expense 3 Land, structures, right-of-way 4 Architectural engineering basic fees 252,461 5 Other Architectural engineering fees 6 Project inspection fees 7 Land development 8 Relocation Expenses 9 Relocation payments to Individuals and Businesses 10 Demolition and removal 11 Construction and project improvement 1,772,968 12. Equipment 13 Miscellaneous 14 Subtotal (Lines 1 through 13) $ 2,030,429 15. Estimated Income (if applicable) 0 16 Net Project Amount (Line 14 minus 15) 2,030,429 17 Less. Ineligible Exclusions (Section C, line 23 g ) 0 18 Subtotal (Lines 16 through 17) $ 2,030,429 19 Federal Share requested of Line 18 1,827,386 20 Grantee share 101,521 21 Other shares 101,521 22. TOTAL PROJECT (Lines 19, 20 & 21) $ 2,030,429 FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 5 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE. 8/31/2019 SECTION C — EXCLUSIONS 23. Classification (Description of non -participating work) Amount Ineligible for Participation a. b c. d e f g Total SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 24. Grantee Share — Fund Categories Amount a. Securities b Mortgages c. Appropriations (by Applicant) d. Bonds e Tax Levies f Non -Cash g Other (Explain): Passenger Facility Charge 101,521 h TOTAL - Grantee share 25. Other Shares Amount a. State 101,521 b Other c. TOTAL - Other Shares 26. TOTAL NON-FEDERAL FINANCING $ 203,043 SECTION E — REMARKS (Attach sheets if additional space is required) The following items are attached - Scope of Work - Project Sketch - Airport Sponsor Assurances - Exhibit A - Sponsor Certification for Drug -Free Workplace - Listing of Advisory Circulars for AIP/PFC Projects - Title VI Assurance The following items are incorporated by reference -Plans and Specifications, dated March 2018 FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 6 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE. 8/31/2019 PART IV — PROGRAM NARRATIVE (Suggested Format) PROJECT: West GA Apron Rehabilitation Project AIRPORT: McAllister Field/Yakima Air Terminal 1. Objective: Construction of the West GA Apron to rehabilitate approximately 22,000 square yards of asphalt pavement, associated surface drainages, tie -downs, pavement markings and apron lighting 2. Benefits Anticipated: The existing apron is in poor condition and requires rehabilitation, and the tie -down layout fails to meet separation standards. This project would improve the apron and change the tie -down layout to meet separation standards In doing this project, the airport will providing well -maintained facilities that should encourage continued use and growth at the airport. 3. Approach: (See approved Scope of Work in Final Application) It is anticipated that this project will advertise bids at the end of June 2018 and open bids towards the middle of July 2018 Construction will begin in beginning August 2018 and should be completed by mid -October 2018 The project closeout is scheduled for December of 2018 4. Geographic Location: McAllister Field/Yakima Air Terminal is located in Sections 34 and 35 Township 13 N, Range 18 E, and Sections 2 and 3, Township 12 N, Range 18 E 5. If Applicable, Provide Additional Information: 6. Sponsor's Representative: (include address & telephone number) Cliff Moore, 509-575-6040 129 N Second Street Yakima, WA 98901 FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 7 of 7 STANDARD DOT TITLE VI ASSURANCES The City of Yakima (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U S C. 2000d et seq) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1 Each "program" and "facility" (as defined in Section 21 23(a) and 21 23(b)) will be conducted or operated in compliance with all requirements of the Regulations 2 It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4 Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6 This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the Sponsor retains ownership or possession of the property 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. Page 1 of 2 STANDARD DOT TITLE VI ASSURANCES (Continued) 8 It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor DATED ( I i f City of Yakima (Sponsor) (Signature of Authorized Official) Page 2 of 2 FAA Airports ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle V I I, 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 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.l c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act — 5 U.S.C. 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.' 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(0.1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 I. Title 49, U.S.C., Section 303, (formerly known as Section 4(0) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. 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.l s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1 u. Copeland Anti -kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.' w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Airport Sponsor Assurances 3/2014 Page 2 of 20 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 - Federal Regulations Equal Employment Opportunity' Protection of Wetlands — Flood Plain Management Intergovernmental Review of Federal Programs Seismic Safety of Federal and Federally Assisted New Environmental Justice a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide 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 Organizations].4, 5, 6 c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment d. 14 CFR Part 13 - Investigative and Enforcement Proceduresl4 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 State 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. 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).' 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 - Uniform 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 3/2014 Page 3 of 20 p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.12 q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. r. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. 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-IO2 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 200.1 10, 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 s 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 of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. Airport Sponsor Assurances 3/2014 Page 5 of 20 g. 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. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non- compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. 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. Airport Sponsor Assurances 3/2014 Page 6 of 20 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and Airport Sponsor Assurances 3/2014 Page 7 of 20 has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, Airport Sponsor Assurances 3/2014 Page 8 of 20 specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. 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 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 to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non - signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. g. Airport Sponsor Assurances 3/2014 Page I I of 20 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or Airport Sponsor Assurances 3/2014 Pagc 12 of 20 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 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. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. 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 roads), including all proposed extensions and reductions of existing airport facilities; 3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and 4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non- discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1) Programs and Activities. if the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. Airport Sponsor Assurances 3/2014 Page 15 of 20 3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2) So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." e. Required Contract Provisions. 1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally - assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non- discrimination in Federally -assisted programs of the DOT acts and regulations. 2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a Airport Sponsor Assurances 3/2014 Page 16 of 20 covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another Airport Sponsor Assurances 3/2014 Page 17 of 20 eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 471 1 7(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. 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 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. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long 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 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1) Describes the requests; 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February I or August 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 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-129, Construction Project Final Acceptance — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden 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 instructions, searching existing data sources, 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 5100-129 " U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 legi Federal Aviation Administration EXPIRATION DATE: 8/31/2019 Construction Project Final Acceptance Airport Improvement Program Sponsor Certification Sponsor City of Yakima Airport: Yakima Air Terminal - McAllister Field Project Number: PFC# 15-15-C-00-YKM Description of Work: West GA Ramp Rehabilitation Project AIP 3-53-0089-042-2018 Application 49 USC § 47105(d), authorizes the Secretary to require me certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport improvement Program. General standards for final acceptance and close out of federally funded construction projects are in 2 CFR § 200.343 — Closeout and supplemented by FAA Order 5100.38. The sponsor must determine that project costs are accurate and proper in accordance with specific requirements of the grant agreement and contract documents. Certification Statements Except for certification statements below marked not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgment and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. The personnel engaged in project administration, engineering supervision, project inspection, and acceptance testing were or will be determined to be qualified and competent to perform the work (Grant Assurance). ❑X Yes ❑ No ❑ N/A 2. Construction records, including daily logs, were or will be kept by the resident engineer/construction inspector that fully document contractor's performance in complying with: a. Technical standards (Advisory Circular (AC) 150/5370-12); b. Contract requirements (2 CFR part 200 and FAA Order 5100.38); and c. Construction safety and phasing plan measures (AC 150/5370-2). ❑X Yes ❑ No ❑ N/A 3. All acceptance tests specified in the project specifications were or will be performed and documented. (AC 150/5370-12). Yes ❑ No ❑ N/A FAA Form 5100-129 (1/17) SUPERSEDES PREVIOUS EDITION page 1 of 3 4. Sponsor has taken or will take appropriate corrective action for any test result outside of allowable tolerances (AC 150/5370-12). El No El N/A 5. Pay reduction factors required by the specifications were applied or will be applied in computing final payments with a summary made available to the FAA (AC 150/5370-10) ❑x Yes ❑ No ❑ N/A 6. Sponsor has notified, or will promptly notify the Federal Aviation Administration (FAA) of the following occurrences. a. Violations of any federal requirements set forth or included by reference in the contract documents (2 CFR part 200); b. Disputes or complaints concerning federal labor standards (29 CFR part 5), and c. Violations of or complaints addressing conformance with Equal Employment Opportunity or Disadvantaged Business Enterprise requirements (41 CFR Chapter 60 and 49 CFR part 26). Q Yes ❑ No ❑ N/A 7 Weekly payroll records and statements of compliance were or will be submitted by the prime contractor and reviewed by the sponsor for conformance with federal labor and civil rights requirements as required by FAA and U.S. Department of Labor (29 CFR Part 5). ❑X Yes ❑ No ❑ N/A 8. Payments to the contractor were or will be made in conformance with federal requirements and contract provisions using sponsor internal controls that include a. Retaining source documentation of payments and verifying contractor billing statements against actual performance (2 CFR § 200 302 and FAA Order 5100.38), b. Prompt payment of subcontractors for satisfactory performance of work (49 CFR § 26.29); c. Release of applicable retainage upon satisfactory performance of work (49 CFR § 26.29), and d. Verification that payments to DBEs represent work the DBE performed by carrying out a commercially useful function (49 CFR §26.55) El No El N/A 9. A final project inspection was or will be conducted with representatives of the sponsor and the contractor present that ensure: a. Physical completion of project work in conformance with approved plans and specifications (Order 5100.38); b. Necessary actions to correct punch list items identified during final inspection are complete (Order 5100 38), and c. Preparation of a record of final inspection and distribution to parties to the contract (Order 5100.38); ❑X Yes ❑ No n N/A 10. The project was or will be accomplished without material deviations, changes, or modifications from approved plans and specifications, except as approved by the FAA (Order 5100.38) ❑ Yes No N/A FAA Form 5100-129 (1/17) SUPERSEDES PREVIOUS EDITION page 2 of 3 11. The construction of all buildings have complied or will comply with the seismic construction requirements of 49 CFR § 41.120. ❑ Yes ❑ No ❑X N/A 12. For development projects, sponsor has taken or will take the following close-out actions: a. Submit to the FAA a final test and quality assurance report summarizing acceptance test results, as applicable (Grant Condition); b. Complete all environmental requirements as established within the project environmental determination (Oder 5100.38); and c. Prepare and retain as -built plans (Order 5100.38). 0 Yes ❑ No ❑ N/A 13. Sponsor has revised or will revise their airport layout plan (ALP) that reflects improvements made and has submitted or will submit an updated ALP to the FAA no later than 90 days from the period of performance end date. (49 USC § 47107 and Order 5100.38). ❑X Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 28 day of December , 2017 Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Ana Cortez Title of Sponsor's Authorized Official: Assistant City Manager Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-129 (1/17) SUPERSEDES PREVIOUS EDITION page 3 of 3 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-130, Drug -Free Workplace — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden 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 instructions, searching existing data sources, 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 5100-130 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 f+�' 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: PFC# 15-15-C-00-YKM Description of Work: West GA Ramp Rehabilitation Project AIP 3-53-0089-042-2018 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 Act of 1988. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR § 182.205). p Yes ❑ No ❑ N/A 2. An ongoing drug -free awareness program (2 CFR § 182.215) has been or will be established prior to commencement of project to inform employees about: a. The dangers of drug abuse in the workplace, 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. p Yes ❑ No ❑ N/A FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 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). ❑x Yes No ID N/A 4 Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. ❑x Yes ❑ No ❑ N/A 5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225) Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300) ® Yes ❑ No ❑ N/A 6 One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, and b Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. ❑x Yes ❑ No ❑ N/A 7. A good faith effort will be made, on a continuous basis, to maintain a drug -free workplace through implementation of items 1 through 6 above (2 CFR § 182.200). ❑x Yes ❑ No ❑ N/A Site(s) of performance of work (2 CFR § 182.230) Location 1 Name of Location. Yakima Air Terminal - McAllister Field Address: 2300 W Washington, Ave, Yakima, WA 98903 Location 2 (if applicable) Name of Location: Yakima City Hall Address 129 N 2nd Street, Yakima, WA 98903 Location 3 (if applicable) Name of Location. Address. FAA Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Attach documentation clarifying any above item marked with a "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 28 day of December , 2017 Name of Sponsor City of Yakima Name of Sponsor's Authorized Official: Ana Cortez Title of Sponsor's Authorized Official: Assistant City Manager Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FM Form 5100-130 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 0 U S. Department of Transportation Federal Aviation Administration FAA Form 5100-131, Equipment and Construction Contracts — Airport improvement Sponsor Certification Paperwork Reduction Act Burden 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 instructions, searching existing data sources, 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 5100-131 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 fa/ Federal Aviation Administration EXPIRATION DATE. 8/31/2019 Equipment and Construction Contracts Airport Improvement Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal - McAllister Field Project Number. PFC# 15-15-C-00-YKM Description of Work: West GA Ramp Rehabilitation AIP #-53-0089-042-2018 Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General procurement standards for equipment and construction contracts within Federal grant programs are described in 2 CFR §§ 200.317-200.326. Labor and Civil Rights Standards applicable to the AIP are established by the Department of Labor (www.doi.gov) AIP Grant Assurance C.1—General Federal Requirements identifies all applicable Federal Laws, regulations, executive orders, policies, guidelines and requirements for assistance under the AIP. Sponsors may use state and local procedures provided the procurement conforms to these federal standards. This certification applies to all equipment and construction projects. Equipment projects may or may not employ laborers and mechanics that qualify the project as a "covered contract" under requirements established by the Department of Labor requirements. Sponsor shall provide appropriate responses to the certification statements that reflect the character of the project regardless of whether the contract is for a construction project or an equipment project. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A written code or standard of conduct is or will be in effect prior to commencement of the project that governs the performance of the sponsor's officers, employees, or agents in soliciting, awarding and administering procurement contracts (2 CFR § 200.318). px Yes ❑ No O N/A FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 4 2. For all contracts, qualified and competent personnel are or will be engaged to perform contract administration, engineering supervision, construction inspection, and testing (Grant Assurance C.17) O Yes ❑ No ❑ N/A 3 Sponsors that are required to have a Disadvantage Business Enterprise (DBE) program on file with the FAA have included or will include clauses required by Title VI of the Civil Rights Act and 49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts. El Yes ❑ No ❑ N/A 4. Sponsors required to have a DBE program on file with the FAA have implemented or will implement monitoring and enforcement measures that: a. Ensure work committed to Disadvantaged Business Enterprises at contract award is actually performed by the named DBEs (49 CFR § 26.37(b)), b Include written certification that the sponsor has reviewed contract records and has monitored work sites for performance by DBE firms (49 CFR § 26.37(b)), and c. Provides for a running tally of payments made to DBE firms and a means for comparing actual attainments (i.e. payments) to original commitments (49 CFR § 26 37(c)) El Yes ❑ No ❑ N/A 5 Sponsor procurement actions using the competitive sealed bid method (2 CFR § 200,320(c)). was or will be: a. Publicly advertised, allowing a sufficient response time to solicit an adequate number of interested contractors or vendors, b Prepared to include a complete, adequate and realistic specification that defines the items or services in sufficient detail to allow prospective bidders to respond, c. Publicly opened at a time and place prescribed in the invitation for bids, and d. Prepared in a manner that result in a firm fixed price contract award to the lowest responsive and responsible bidder p Yes ❑ No ❑ N/A 6. For projects the Sponsor proposes to use the competitive proposal procurement method (2 CFR § 200 320(d)), Sponsor has requested or will request FAA approval prior to proceeding with a competitive proposal procurement by submitting to the FAA the following: a. Written justification that supports use of competitive proposal method in lieu of the preferred sealed bid procurement method; b. Plan for publicizing and soliciting an adequate number of qualified sources, and c. Listing of evaluation factors along with relative importance of the factors. p Yes ❑ No ❑ N/A 7 For construction and equipment installation projects, the bid solicitation includes or will include the current federal wage rate schedule(s) for the appropriate type of work classifications (2 CFR Part 200, Appendix II) ❑x Yes ❑ No ❑ N/A FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 2 of 4 8 Concurrence was or will be obtained from the Federal Aviation Administration (FAA) prior to contract award under any of the following circumstances (Order 5100.38D). a. Only one qualified person/firm submits a responsive bid, b. Award is to be made to other than the lowest responsible bidder; and c. Life cycle costing is a factor in selecting the lowest responsive bidder ❑O Yes ❑ No ❑ N/A 9 All construction and equipment installation contracts contain or will contain provisions for a. Access to Records (§ 200 336) b. Buy American Preferences (Title 49 U.S C. § 50101) c. Civil Rights - General Provisions and Title VI Assurances( 41 CFR part 60) d. Federal Fair Labor Standards (29 U S.0 § 201, et seq) e. Occupational Safety and Health Act requirements (20 CFR part 1920) f. Seismic Safety — building construction (49 CFR part 41) g. State Energy Conservation Requirements - as applicable(2 CFR part 200, Appendix II) h. U.S Trade Restriction (49 CFR part 30) i. Veterans Preference (49 USC § 47112(c)) ❑x Yes ❑ No ❑ N/A 10. All construction and equipment installation contracts exceeding $2,000 contain or will contain the provisions established by - a. Davis -Bacon and Related Acts (29 CFR part 5) b. Copeland "Anti -Kickback" Act (29 CFR parts 3 and 5) ❑x Yes ❑ No ❑ N/A 11. All construction and equipment installation contracts exceeding $3,000 contain or will contain a contract provision that discourages distracted driving (E.O 13513) CI Yes ❑ No ❑ N/A 12. All contracts exceeding $10,000 contain or will contain the following provisions as applicable' a. Construction and equipment installation projects - Applicable clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity; b. Construction and equipment installation - Contract Clause prohibiting segregated facilities in accordance with 41 CFR part 60-1 8; c. Requirement to maximize use of products containing recovered materials in accordance with 2 CFR § 200.322 and 40 CFR part 247, and d. Provisions that address termination for cause and termination for convenience (2 CFR Part 200, Appendix II) ❑x Yes ❑ No ❑ N/A FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 4 13. All contracts and subcontracts exceeding $25,000' Measures are in place or will be in place (e.g. checking the System for Award Management) that ensure contracts and subcontracts are not awarded to individuals or firms suspended, debarred, or excluded from participating in federally assisted projects (2 CFR parts 180 and 1200). ❑x Yes ❑ No ❑ N/A 14. Contracts exceeding the simplified acquisition threshold (currently $150,000) include or will include provisions, as applicable, that address the following: a. Construction and equipment installation contracts - a bid guarantee of 5%, a performance bond of 100%, and a payment bond of 100% (2 CFR § 200.325); b. Construction and equipment installation contracts - requirements of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708, Sections 103 and 107); c. Restrictions on Lobbying and Influencing (2 CFR part 200, Appendix II), d. Conditions specifying administrative, contractual and legal remedies for instances where contractor of vendor violate or breach the terms and conditions of the contract (2 CFR §200, Appendix II), and e. All Contracts - Applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 7401-7671q), Section 508 of the Clean Water Act (33 USC 1251- 1387, and Executive Order 11738. ❑x Yes No ❑N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 28 day of December , 2017 Name of Sponsor City of Yakima Name of Sponsor's Authorized Official: Ana Cortez Title of Sponsor's Authorized Official: Assistant City Manager Signature of Sponsor's Authorized Official: a_ I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-131 (1/17) SUPERSEDES PREVIOUS EDITION Page 4 of 4 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-132, Project Plans and Specifications — 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 instructions, searching existing data sources, 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 5100-132 �� U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 W Federal Aviation Administration EXPIRATION DATE. 8/31/2019 Project Plans and Specifications Airport Improvement Program Sponsor Certification Sponsor' City of Yakima Airport: Yakima Air Terminal - McAllister Field Project Number PFC# 15-15-C-00-YKM Description of Work: West GA Ramp Rehabilitation Project AIP 3-53-0089-042-2018 Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of Labor (www.dol.gov/). AIP Grant Assurance C.1—General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under AIP. A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. The plans and specifications were or will be prepared in accordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars, or FAA -accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) (14 USC § 47105). ElYes ❑ No ❑N/A 2. Specifications incorporate or will incorporate a clear and accurate description of the technical requirement for the material or product that does not contain limiting or proprietary features that unduly restrict competition (2 CFR §200.319). x❑ Yes ❑ No ❑ N/A FAA Form 5100-132 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 3. The development that is included or will be included in the plans is depicted on the current airport layout plan as approved by the FAA (14 USC § 47107) • Yes ❑ No ❑ N/A 4 Development and features that are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications (FAA Order 5100.38, par. 3-43). • Yes ❑ No ❑ N/A 5 The specification does not use or will not use "brand name" or equal to convey requirements unless sponsor requests and receives approval from the FAA to use brand name (FAA Order 5100.38, Table U-5). ❑x Yes ❑ No ❑ N/A 6. The specification does not impose or will not impose geographical preference in their procurement requirements (2 CFR §200.319(b) and FAA Order 5100.38, Table U-5). I] Yes ❑ No ❑ N/A 7 The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2 CFR §319(d)). CI Yes ❑ No ❑ N/A 8. Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)). I1 Yes ❑ No ❑ N/A 9 Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract (FAA Order 5100.38, par. 3-57). I1 Yes ❑ No ❑ N/A 10 The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)). ❑x Yes ❑ No ❑ N/A 11. The design of all buildings comply or will comply with the seismic design requirements of 49 CFR § 41.120. (FAA Order 5100.38d, par. 3-92) ❑ Yes ❑ No O N/A 12. The project specification include or will include process control and acceptance tests required for the project by as per the applicable standard: a. Construction and installation as contained in Advisory Circular (AC) 150/5370-10. 0 Yes ❑ No ❑ N/A FAA Form 5100-132 (1/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3 b. Snow Removal Equipment as contained in AC 150/5220-20. ❑ Yes ❑ No ❑x N/A c. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10. ❑ Yes ❑ No tJ N/A 13 For construction activities within or near aircraft operational areas(AOA) a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming to Advisory Circular 150/5370-2. b Compliance with CSPP safety provisions has been or will be incorporated into the plans and specifications as a contractor requirement. c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order 5100.38, Par. 5-29). ❑x Yes ❑ No ❑ N/A 14 The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §47110(b)(1) and FAA Order 5100.38d, par. 3-100). ® Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 28 day of December , 2017 . Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Ana Cortez Title of Sponsor's Authorized Official: Assistant City Manager Signature of Sponsor's Authorized Official: 1 declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-132 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-133, Real Property Acquisition — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden 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 instructions, searching existing data sources, 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 5100-133 geb U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Vlizi Federal Aviation Administration EXPIRATION DATE. 8/31/2019 Real Property Acquisition Airport Improvement Program Sponsor Certification Sponsor City of Yakima Airport: Yakima Air Terminal - McAllister Field Project Number PFC# 15-15-C-00-YKM Description of Work: West GA Ramp Rehabilitation Project AIP 3-53-0089-042-2018 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 real property acquisition and relocation assistance are in 49 CFR Part 24. The AIP project grant agreement contains specific requirements and assurances on the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act), as amended. Certification Statements Except for certification statements below marked not applicable (N/A), this list includes major requirements of the real property acquisition 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. 1. The sponsors attorney or other official has or will have good and sufficient title as well as title evidence on property in the project. ❑x Yes ❑ No ❑ N/A 2. If defects and/or encumbrances exist in the title that adversely impact the sponsors intended use of property in the project, they have been or will be extinguished, modified, or subordinated. • Yes ❑No ❑N/A 3. If property for airport development is or will be leased, the following conditions have been met: a. The term is for 20 years or the useful life of the project; b. The lessor is a public agency; and c. The lease contains no provisions that prevent full compliance with the grant agreement. ❑x Yes ❑ No ❑ N/A FAA Form 5100-133 (1/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 4 Property in the project is or will be in conformance with the current Exhibit A property map, which is based on deeds, title opinions, land surveys, the approved airport layout plan, and project documentation. ❑x Yes ❑ No ❑ N/A 5. For any acquisition of property interest in noise sensitive approach zones and related areas, property interest was or will be obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. OO Yes ❑ No ❑ N/A 6 For any acquisition of property interest in runway protection zones and areas related to 14 CFR 77 surfaces or to clear other airport surfaces, property interest was or will be obtained for the following - a. The right of flight; b The right of ingress and egress to remove obstructions, and c. The right to restrict the establishment of future obstructions 0 Yes ❑ No ❑ N/A 7 Appraisals prepared by qualified real estate appraisers hired by the sponsor include or will include the following a. Valuation data to estimate the current market value for the property interest acquired on each parcel; and b. Verification that an opportunity has been provided to the property owner or representative to accompany appraisers during inspections. 13 Yes ❑ No ❑ N/A 8. Each appraisal has been or will be reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation, and the written appraisals as well as review appraisal are available to Federal Aviation Administration (FAA) for review. p Yes ❑ No ❑ N/A 9. A written offer to acquire each parcel was or will be presented to the property owner for not less than the approved amount of just compensation. p Yet ❑ No ❑ N/A 10. Effort was or will be made to acquire each property through the following negotiation procedures a. No coercive action to induce agreement; and b. Supporting documents for settlements included in the project files. ❑x Yes ❑ No ❑ N/A FAA Form 5100-133 (1/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3 11 If a negotiated settlement is not reached, the following procedures were or will be used. a. Condemnation initiated and a court deposit not Tess than the just compensation made prior to possession of the property; and b. Supporting documents for awards included in the project files D Yes ❑ No ❑ N/A 12. If displacement of persons, businesses, farm operations, or non-profit organizations is involved, a relocation assistance program was or will be established, with displaced parties receiving general information on the program in writing, including relocation eligibility, and a 90-day notice to vacate. ❑x Yes ❑ No ❑ N/A 13 Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses were or will be provided within a reasonable time period for each displaced occupant in accordance with the Uniform Act. x❑Yes No ❑N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 28 day of December , 2017 Name of Sponsor City of Yakima Name of Sponsor's Authorized Official: Ana Cortez Title of Sponsor's Authorized Official: Assistant City Manager Signature of Sponsor's Designated Official Representative. r)ry), 1 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 5100-133 (1/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 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 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 instructions, searching existing data sources, 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 #1 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 �/ Federal Aviation Administration EXPIRATION DATE: 8/31/2019 Selection of Consultants Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal - McAllister Field Project Number: PFC# 15-15-C-00-YKM Description of Work: West GA Ramp Rehabilitation Project AIP 3-53-0089-042-2018 Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications -based procedures provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200.318(k)). p Yes ❑ No ❑ N/A 2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200.319). p Yes ❑ No ❑ N/A 3. Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request -for - qualifications (RFQ) from competing for the advertised services (2 CFR § 200.319). JI Yes D No ❑ N/A FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 1 of 3 4 The advertisement describes or will describe specific project statements -of -work that provide clear detail of required services without unduly restricting competition (2 CFR § 200.319). ❑x Yes ❑ No ❑ N/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)) ❑x Yes ❑ No ❑ N/A 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)). 1 Yes ❑ No ❑ N/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). ❑x Yes ❑ No ❑ N/A 8. NE 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 of selection (AC 150/5100-14), and b. Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14). ®Yes El No ❑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). x❑ Yes ❑ No ❑ N/A 10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200.302). ® Yes ❑ No ❑ N/A 11 Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200.318(i)). ❑x Yes ❑ No ❑ N/A 12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix II) ❑x Yes ❑ No ❑ N/A FAA Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 2 of 3 13. For contracts that apply a time -and -material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish: a. Justification that there is no other suitable contract method for the services (2 CFR §200.318(j)), b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.318(j)), and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200 318(j)). El 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)). pYes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. Executed on this 28 day of December , 2017 Name of Sponsor. City of Yakima Name of Sponsor's Authorized Official: Ana Cortez Title of Sponsor's Authorized Official: Assistant City Manager Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FM Form 5100-134 (2/17) SUPERSEDES PREVIOUS EDITION Page 3 of 3 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 instructions, searching existing data sources, 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 5100-135 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 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 PFC# 15-15-C-00-YKM Description of Work: West GA Ramp Rehabilitation Project AIP 3-53-0089-042-2018 Application Title 2 CFR § 200.112 and § 1201.112 address Federal Aviation Administration (FAA) requirements for conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award: a) The employee, officer or agent, b) Any member of his immediate family, c) His or her partner, or d) An organization which employs, or is about to employ, any of the above. Selecting "Yes" represents sponsor or sub -recipient acknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully comply with the certification statement. If "No" is selected, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR § 200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. Certification Statements 1. The sponsor or sub -recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2 CFR § 200.318(c)). To the extent permitted by state or local law or regulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by contractors or their agents. ❑x Yes D No FAA Form 5100-135 (2/17) SUPERSEDES PREVIOUS EDITION Page 1 of 2 2. The sponsors or sub -recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub -agreements (2 CFR § 200.318(c)) ❑x Yes ❑ No 3. The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict of interest (2 CFR § 1200.112). x❑ Yes ❑ No Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification 1 certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked "no" is correct and complete. Executed on this 28 day of December , 2017 Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Ana Cortez Title of Sponsor's Authorized Official: Assistant City Manager Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-135 (2/17) SUPERSEDES PREVIOUS EDITION Page 2 of 2 FAA Airports Current FAA ��^�Y�'������� �~^��K�U����� ��u��/��'��}^� ���� Use 'K� ��U�� � Advisory - Required — - - ��� Funded and PFC Approved Projects Updated 2/20/2018 View the most current versions ofthese ACoand any associated changes at: http:0vmxwv.faa.qov/ainPortor000unnas/advinon/ circulars and 70/7460'1L Chnnge1 Obstruction Marking and Lighting 150/5020'1 Noise Control and Compatibility Planning for Airports 150/5070'88 Changes 1 '2 Airport Master Plans 1505078'7 Chango1 The Airport System Planning Process 1505100'138 Development ofState Standards for NonprimaryAirports 150/5200'28F Notices hnAirmen (NOTAN1o)for Airport Operators 150/5200'30D Chango1 Airport Field Condition Assessments and Winter Operations Safety 150/5200'31C Changes 1 '2 Airport Emergency Plan 1505210'5D Painting, Marking, and Lighting ofVehicles Used onnnAirport 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 150/521045A Aircraft Rescue and Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel FAA Advisory Circulars Required for Use m /upFunded and pFoApproved Projects Updated 2/20/2018 ARP Page 1ofn 150/5210'19A Driver's Enhanced Vision System U]EVo 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF)Vehicles 150/5220-16E Automated Weather Observing Systems (AWOS)for Non -Federal Applications 150/5220'178 Aircraft Rescue and Fire Fighting (4RFF)Training Facilities 1505220'18A Buildings for Storage and Maintenance ofAirport Snow and Ice Control Equipment and Materials 150/5220'20A Airport Snow and Ice Control Equipment 150/5220-21C Aircraft Boarding Equipment 150/5220'22B Engineered Materials Arresting Systems (EN1AS)for Aircraft Overruns 150/5220'23 Frangible Connections 150/5220'24 Foreign Object Debris Detection Equipment 150/5220'25 Airport Avian Radar Systems 150/5220-26. Changeo1-2 Airport Ground Vehicle Automatic Dependent Surveillance Broadcast (ADS' B)Out SquittorEquipment 150/5300'713 FAA Policy onFacility Relocations Occasioned byAirport Improvements or Changes 150/5300'13A. Change1 Airport Design 150/5300'14C Design ofAircraft Deicing Facilities 150/5300'10A General Guidance and Specifications for Aeronautical Surveys Establishment ofGeodetic Control and Submission tuthe National Geodetic Survey 150/5300'17C Change1 Standards for Using Remote Sensing Technologies inAirport Surveys 150/5300'18B Change 1 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS Field Data Collection and Geographic Information System (G|S) Standards 150/5320-5D Airport Drainage Design 150/5320'6F Airport Pavement Design and Evaluation FAA Advisory Circulars Required for Use in mpFunded and PFcApproved Projects Updated 2/20/2018 ARP NUMBER _;" " TITLE,,. .. 150/5320-12C, Changes 1 - 8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-15A Management of Airport Industrial Waste 150/5325-4B Runway Length Requirements for Airport Design 150/5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN 150/5340-1 L Standards for Airport Markings 150/5340-5D Segmented Circle Airport Marker System 150/5340-18F Standards for Airport Sign Systems 150/5340-26C Maintenance of Airport Visual Aid Facilities 150/5340-30J Design and Installation Details for Airport Visual Aids 150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch 150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10H Specification for Constant Current Regulators and Regulator Monitors 150/5345-12F Specification for Airport and Heliport Beacons 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26D FAA Specification For L-823 Plug 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 150/5345-42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345-43H Specification for Obstruction Lighting Equipment 150/5345-44K Specification for Runway and Taxiway Signs 150/5345-45C Low -Impact Resistant (LIR) Structures 150/5345-46E Specification for Runway and Taxiway Light Fixtures FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 2/20/2018 ARP Page 3 of 5 NUMBER ,., E', .. .. TITLE, ;' ,,`° .:sr.,:.;, :..-: 3,,': ,. - ,. .... ... .. y,4.«;.1;.-'k�..;, , e ;..lie;. , : .=� .r _ .. -' .. _ . .. 150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49D Specification L-854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Lights 150/5345-51 B Specification for Discharge -Type Flashing Light Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) 150/5345-53D Airport Lighting Equipment Certification Program 150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-12F Airport Signing and Graphics 150/5360-13 Change 1 Planning and Design Guidelines for Airport Terminal Facilities 150/5360-14A Access to Airports By Individuals With Disabilities 150/5370-2G Operational Safety on Airports During Construction 150/5370-10G Standards for Specifying Construction of Airports 150/5370-11 B Use of Nondestructive Testing in the Evaluation of Airport Pavements 150/5370-13A Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5370-15B Airside Applications for Artificial Turf 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370-17 Airside Use of Heated Pavement Systems 150/5390-2C Heliport Design 150/5395-1A Seaplane Bases FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 2/20/2018 ARP Page 4 of 5 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated 1/29/2018 NUMBER•. : n.> -z .rTITLE;,r = 150/5100-14E, Change 1 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-17, Changes 1 - 7 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5300-15A Use of Value Engineering for Engineering and Design of Airport Grant Projects 150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals 150/5370-12B Quality Management for Federally Funded Airport Construction Projects 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-7B Airport Pavement Management Program 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 2/20/2018 ARP Page 5 of 5 SAFETY NOTES AND REQUIREMENTS 1 WNIOPOTDSHALL BE SUBJECT TO AC +mvwcOPERATIONAL • ON AIRPORTS U.. CO.TRUCRON : THE CONSTRUCSON SMLL MINIMIZE OSRWIION Of STAIGARD OPERATING PROCEDURES FOR 0 THE CONTRACTOR SHALL AINNTHAF CLEAR ROUTES FOR FIRE FIGHTING ANO RESCUE ARE. GENERAL AVMTIONAREA �THE CONTRACTORAOTIFY BALE AREASSOMEL OF THE .PORT HYDRANTS. PAY SITE INTERFERE MTH ARFF OPERATIONS IET MAXPMENT OPERATING NEAR A MAIMGER OR ENGINEER AT LEAST XI HORS PRIOR TO NOR BEING INrMTEO WITHIN THE NRPORI OPERATIONS AREA WMI THE CPARIER MIL MTIATE MO OR rEOU ES. T. CONTRACTOR SHAI CANCEL COORDINATE ALLAGNATES PATH T. EO ENGINEER 1N M MULL BE.TIL THE NOTAM FOR IMT WORK HAS BEEN POSTED THE FAA NGWIORK MONN S .L CONSTRUCTION EOLAPIAENT AND VEHICLES HI. BE MRKED AND OF THE FM GENE. COACIG10146 EQUIPMENT AND VENCLE FLAGGING D LIGHTING SHALT SE IN ACCORDANCE WITH AC O PAINTING MRIONG AND LIGHTING OE VEHICLES USED ON AN AIRROR. CURRENT EDITION L EQUIPMENT ANO MIER.. IN TIE DE WNMTED ST.. AREAS WHENN NOT IN USE ST STORE MATERIALS NECESSARY FOR CONSTRUCTION STALL BE OF LO • LE IRO HIGHER rr AN RUNWAY n, CENTERLINE, uBE of LIGHTED LOW PROFILE BARRICADES RUNNING ALONG T E TOP P OF EACH BTOCSNLE SHALL BE MANGATORY WHEN NOT BEING ACCESSED RY CON 6 TY FENCED AR. CO.TRUC TION �C BE REQUIRED LES MG BE PERMITTED SPARK OUTSIDE THE 6ECURITHIN THE ITY FENCE N DESIGNATED STAGING APPROVED BY THE OWNER TRANSPORTATION TO THE PROJECT BITES MGM THE • OTHER FENCED AREAS 6MLL MEET THE REQUIREMENTS OF SAFETY NOTE B NO P REMOVE ALL GENEMTD DEBRIS FROM THE WORK AREA AT THE CONCLUSION OF THE PERCOS CONSTRUCTION BURNING OF GENEMTED DEBRIS SMLL PLOT BE PERMITTED . 13 THE CONTRACTOR BMLICONTROL DUST BY WATERING TIE DISTURBED AREAS OR BY ROAN STABRWTION RK HODS APPROVED BY THE ENGINEER OUST R EROSION CONTROL 43PE.163. SHALL BE CONTINUOUS INCLUDING HOLIDAYS AND MEEKER. 11 THE PLACEMENTToHE R„L SHALL PRESENCE :TA. FOR T. PROJECT AL OF AIRPORT PERSAI. OF THE SPEGFI TION6 NO AS SGWUNGON ON OPERATIONS EDABEETT SECT./ . T CONTRACTOR A FILL PLANS S VAT;TERNa AN FORS CONTRACT DURRA.NPLTHE CONG TOR 16 BARRICADES YITNTININNG AND RE BARRICADE LIGHT SATTERES AND .. AS REQUIRED DURING CONSTRUCTION BARRICADES DAMAGED BEYOND USE DURING CONSTRICTION SMALL BE RERLACD. THE CONTRACTOR AT NO COST T 12 ALL AIRPORT GATES N+O FENaw USED ED FOR COMTRLCTION ACCESS SHALL BE MAINTAINED BY THE CONTRACTOR TO .TER HUMAN AND A.M..... ONTO THE .A 13 IN TO ACTOR EQUIPMENT HEIGHT BALL BE MATED ORDER TO rt FEET NMOLW ACEIVITYLEWILBE ALLOWED MR. WILL BE ALLOWED VAT. AN ACTIVE OFTMIW AREA THE OR SHORT DURATION ACTIVITIES . A RED BASLi S OWNER MY TAACTIVITIESCO EOIrtS1 A WORKING AD MINIM. OF IO WORKG DAYS ADVANCE FOR OWNERS CONSDEMTION +REPRESENTATIVES FROM THE NRPORT NS TOWERR 441RUCTRDN . ANO ENONEEETI.S WHICH F TO REVIW FIF SAFErvISS. .3. THE AIRPORT DIRECTOR OR AEI„ ENT M CO TEED.VALLBEEPEpORMEDBYFTHECONTRACTOR H .ApPINSPECT..R THRo �, THE DURATION OF THE PROJECT MR DEFICIENCIES FOUND SHALL BE CORRECTED, MMM EOreLY BY THE CONTRACTOR 15 THE CONTRACTOR SHALL HAVE PERSON ON SITE AT ALL TMEB WHO .6 LARD A 10 YEAR CHECKEMPLOYMENT BACKGROUND IWED ARP.i SECURITY BADGE TO ACT AS IONS] PER 49 CFR-1542 AND THE AIRPORT ESCORT OT CONTMCOR ESCURITY PUN AND .6 E'SSUED A GPERSONNEL A 15 RECOMMENDED TART THE CONTRACTOR NAVE &MALL REM. MTH THE BAGGED NDIPERSONNEL EL AT ALL CONS THEY ARE EARE IN THE ADA ACCESS TO THE SECURITY CERTIFICATION O0PAY AREAS IS., SHALL ONLY BE LAGER DIRECT ESCORT PROVIDED SY THE OWNER OR A CONTMCIOR IRO A.. WHO HAS SET THE ADDITIONAL REQUIREMENTS TO OBTAIN A M. SECURITY BADGE i CONTRACTOR'S BIM RADIOED MDIAD AL PROWL.. AREA PERMITTED ESCORT 6.41.7 RE PERFORM NO WORK ACTIVITIES ND EXCEPT.NS 16 SECURITYT. CONTRACTOR NALL PROVICE CONTRACT PERSONNEL SECURITY A fSS GATES AT ALL TIMES CURING CONSTR . ACTNOQ MIE6 DESIGNATED RAS 1VML MALL VERIFY IDENTM.A.OF AND APPROVE ALL ENTERING PERSONNEL TO BE ON THE PROJECT 11FAISTIM AIRPORT MS BEEN OMNTDB.TTHE AIRPORT AND THE ENGINEERMENTS WO, MT .ED AS ROUTES LAAES6 PRIOR PERMISSION 16 ALL DICAVATIONSIMININ R.IWAY OR TAXAN. SAFETY AREAL SMVL RE .CKFIILED COMPACTED LEGRADED PRIOR TO. HUAWARA E RWM OR TAXIWAY FOR OPERATIONS THE GRADING 81W L AVE O . NO POTENTIALLY WMZ RD°. RUTS HUMPS DEPRESSIONS . OTHER SURFACE VARIATIONS AS DETERMTED By THE ENGNEER DEFINITIONS AIR OPERATIONS AR EA(RON FOR HNO BE OF THE SPECIFICATIONS MIDASTED ON 11B88AFE TV PUN THE TERM AIR OPERATIONS AREA 1A0A) SHALL MEANN. AREA OF THE AIRPORT USED OR MENDED TO BE USED FOR LANCING TAKEOFF DR uNACE MFEwERING OF .CRAFT AN MR OPERATIONS AREA BMLL INCLUDE SUCH PAVED OR UNPAVED AREAS THAT ARE USED OR INTENDED TO BE USED FOR T. UNOBSTRUCTED MOVEMENT OF ...FT IN AOOSO TION TO ITS ASCIATED RUNWAY T.*. APRON ROM TOFA. RSA. TSA ANG RRP OBJECT FREE AREA ((ROFAFTOFN AN AREA ON THE GROUND PROVIDED TO ENHANCE THE SAFETY OF AIRCRAFT OPEMIIDNS BY OBJECTS MVING THE AR. FREE SAFETY AREA (RENT RAFT UNINTENTIONALLY SURFACE ALONGSIDE THE RUNWAY OR' TAXIWAY PREPARED OR SUITABLE FOR RED LING THE RI. OF DAMAGE TO RUNWAY PROTECTION ZONE (RPM) AN AREA OFF THE RUMMY END TO ENHANCE THE PROTECTION OF PEOPLE ARO PROPER VI ON THE ORD.. OBSTACLE FREE ZONE (OFZ)AIACE ALONGRUNWAY THAT REW IRE0 TO SE CLEAR OF ALL OBJECTS IN ORDER TO PROVIDE CLEARANCE PROTECTION FOR CMIII OR TRIM: CPI REFER TO DETAILS ON THIS SHEET 100 200 SCALE IN FEET OVERALL PHASING PLAN REFER TO BAR SCALE GENERAL PHASING AND CONSTRUCTION SCHEDULE 1 CO...CT. SMALL NGr DELAY OR OVERT ANY REGUURLY SCHEDULED COMMERCIAL AIR OPERATIONS UNLESS PREVIOUSLY .PROVED BY THE EMINEER ARDOR AIRPORT MANAGER O THE CONTRACTOR SHALL COMP, PITH ALL LOCAL STATE ANO FEDERAL LAWS AND REG...A. CONSTRICTION PERMITS TART ARE PERTINENT TO PISMO/IX THE CONTRACTOR S.,.PROCURE ALL PERMITS MCI LICENSES PER SECTION lOOO OF THE FM GENERAL PRODS.. O vCLOSURE THE CONTRACTOR SHALL OWERVE THE SAFETY MESA OF ALL OPEN WAWA. WO TAXIWAY. WORK PITNN THE SAFETY AREAS MY BE PERMITTED ON A WE. CASE BASIS PITH APPROVAL OF THE DIRECTOROFAIRPORTS ARO ENGINEER S PERSONNEL MENOI PERMrtEO TOENTER ARV ACTIVE RLRAMV OSECT FREE ZONES OR SAFE. AIRPORT ESCORT FROVYN:EM PERMITTEDTOWORNWITHIN HIA SAFETY �f�ARRE �8OPENSA THE ER Y TCONTRACTOR WY BE DIRECTED SY THE E.PEER OR NRPORT PE.ONNEL TO RELOCATE TO ANOTHER PART Of TNE TOPEMITOIBAINA 4WMIOR THE CONTRACTOR eHAU COMPETE ITS RELOCATION N.M V.ATWG OF THE AW. IO MINUTES PRIOR TO THE ARRIVAL AND ALL NOT REMOSHE LME TO T. WORK AREA FOR 5 MINUTES FOLLOMING AM ARRIVALS ANDIOR OEPARTLRE OF AIRCRAFT 5 ALL PERSONNEL RADEOLIYSENT WITHIN THE AISA SHALL BE ACCOMVAISED AT ALL TIMES BY AIRPORT PROVIDED ESCORT EOIMPOWITH AN ADEQUATE TWO-WAY RADIO A. FAMLMa WITH PROPER COMUIICTION PROCEDURES S AT ANYTIME FOR PI BEGRDMVNDFORT EMERGENCY IONS OR WHEN CONOIO TMS WY BE HCSAFETY ARCOUS TO PUSLIC ETY AT THE DIRECTION OF T. ENGINEER OR AIRPORT DIRECTOR THE CONTRACTOR SHALL CEASE OPERATIONS ANDVACATE THE AIAMOK.. ]A. ATIONAL STA.. FALL AI:ARES ARDiRBEDM A REIMT OF NO THE COOENTRACT CONTRACTORS NOCONAETRDGTION OPERATIONS BMLL BE RESTORED EQUAL TO DR BETTER TMN ORIGINAL CONED TUN AT THE CONTRACTars EXPEME INA TIMELY MANNER AM UTILITIES REST ROOM HALL AT CON E THE CONTRACTOR SHALL FIELD VERIFY LOCATION AND ELEVATION Of ALL UTILITIES PR. TO THE START OF THE CONSTRUCTION. N THE EVENT OF DAMAGE IO EXISTING UTILITIES A. CARIES THE ENGINEER AND THE OWNER ARE TD BE NOTIFIED IMMEDIATELY THE CONTRACTOR SHALL REPAIR AM DAMAGE TO UTILITIES AS DIRECTED By TIE ENONEER MYEOMIELY AT THE CONTRACTORS EXPENSE 6 STEEL PROTECT. PLAT. CONSTRUCT LMFORM SLLOPEBAB.ULDERSVSERL BE PLACED ON E PLATES ARE PLACENT EED TO AATTCBPRIOR HE STUNG PAVEMENT SLOA. OPPE ADOTONAL CRu OIGGREGANSTRUCTION I/2 MINNUM PLATE TE TOP CBEf OURRSEfMI BE EE REQIMFIS 0 OCONSTRUCED PLATES &NfORM SHOULDER L EXTEND BEYCNO PAVEMENT MINYUMO1pEEET 10 THE CONTRACTOR SHALL CLEANIANNTAINALL PAVEMENT CROSSINGS SY BLOOMING OR OTHER APPROVED METI1006 AT THE F. OF EACH PARK WHET AT A MM.. OR AS REOARED SY E ROWER. CLEANING EQUIPMENT SHALL SE AVAILABLE ON SITE AT ALL TIMES 11 OTHE FF.1IORLO6 EIR SHROUD ROU.OR TURN ONRN OFF FAALL SIGNS AND OF PROJECT AIDSPHASSERVING CCLOED RUNWAYS ARPROAND TAXIWAYS PRIOR TO MID TFgOUGOUT CO...0raN.TMTY THE AIRPORT SHALL BE RESPONSIBLE FOR RETURNING ALL SHROUDED OR TURNED IATE 12 WATER FOR CONSTRUCTION SHALL BE AT THE CONTRACTORS EXPENSE THE CONTRACTOR SHALL CODRDIMIE MATH THE CITY OF YAM. TO SETUP A METERED SOURCE ME CONTRACTOR SHALL PAY ALL FEES ASSOCIATED KITH THE NETER AND WATER SAFETY AREA LIMITS ALL RUNWAYS • RUNWAY SAFETY AREA WIDTH 500 FT A, RUNWAYS RUNWAY CT FREE AREA WIDTH 600 FT ALL RUNWAYS- LLENGTHBEYONO ENO OF RUNWAY 1000FT L TAXIWAYS • TAXIWAY OBJECT FREE AREA WIDTH 16B FT ALL TWAVAYB- TAXIWAY SAFETY AREA WIDTH 116FT ' 1 250 FT ON ROTH MOSS OF RUMEN/ MEASURED FR. RUNWAY CENTERLINE. 2 59 FT ON BOTH WOES O WNW/ MEABIRO FROM TA MMY CENTERLINE LEGEND t 081i - 1 -SARI 1149441111 �JU�BJ 1M-11 ENGINEERS. INC. i Q < N Zgf wa d 0 0 0 O~ ZZ =EI1 W Ja LL ce wa cnO 0< CO z w WIZ I- cc ¢a 16 >-3 W1Nku.WM 1:14M01. If 111-1110111.v AN, SHEET NUMBER G-102 �i�au B; ENGINEER'S OPINION OF PROBABLE COST aw PROJECT' West GA Apron Raabil9.Ion GATE March 22. 2018 CUENT Teams Air Terminal McAIIstr Field CUENT PROD NO AIP 3-53-008941 2018 J00 PROJ NO 70-11050 PFC 15-1500YNM SASE SD SCHEDULE 1 ITEM NO. SPEC ITEM DESCRIPTION SCHEDULE OF VALUES QUANTITY UNIT PRICE AMOUNT SP-11 M.Matian 1 LS 5100,00000 3100,00000 2 SP-21 Construction Surveying 1 LS 330.00000 $30.00000 3 SP-31 Ti Dorm Anchors (Set of 3) 23 EA 52,003 CO 646,00000 4 SPJ1 CPnstnclwn Sally 1 LS 81500000 515.03300 _ 5 SPJ 2 CaNnNor Prove. SPCO LS 52.m0 m S2,000 CO 6 SPJ3 Trench Safety 1 LS 56.00000 S5000 OD 2 SP-51 Apron Gate Accaaa Security 1 L5 130.00000 530.00000 8 SPd51 Geo.a6MSepanfon Fanc 470 SY 5300 5141003 9 Sp-0 a 1 Aeehalt Pavement Remo. Oa' Depth MAIry)8 Stmt. 13380 sY S1 25 52336000 10 SP-2J 2 Aspalt Pavement (6A Depth Ma.ge S Sloclalle 6420 SY 32 CO 312.64000 11 Sp-2 a 3 None Pavement Rerrsral (Trar.l.on AMSg) d StacbN 5,720 SY M m 323.0e000 12 SP-2 a a Sweet. Punt Removal 250 SF 11 50 3375 00 13 SP-2 a 5 Removal of Strut6aes ell OMtrut9ors 1 LS S50,003 00 150.00000 is SP-2J8 Dog and Venal 6 EA 52500 14.50000 15 SP-2-42 P.n 2upla8 MMarr9s 2.30 SY 52000 116,00000 16 SPd51 Asphalt Overlay Fsec 25,550 SY 1500 512715000 12 SP-94 1 Crecy Seeing, 1 5 inch pba Wrq mwUc mars* 7.003 LF S5 CO 135,00000 18 SP-10-51 Apron Lighting ReboN 2 EA 36.000 CO 11000000 19 P-152-41 Ursleeba Excavation 460 CY S1500 01933 00 20 P-152-42 Ursula,* Orerdept El/carman 10 CY 12000 820)00 21 P-154-51 Subbase Course te0 CY S4625 56.32500 22 P-201351 CAW. A99rao. Bee Course A CY 655 50 S3.035 CO 23 PJ01-81 1 64.rw. a 5urtece Course 5,020 TON 5110 CO 3552,200 CO 24 P-501-8 tPortend I Cement Concrete Peem sers (P.rn. ITX3 panel 470 SY 1135 CO 7450 co 25 P@05 1 Runway wet Teaeay MrMrys vet G.ee BeN5 2900 SF 82 50 119,750 00 26 T.901-51 Seeding 0 29 AC S2 000 CO S2,030 00 27 T-904-51 Seeking 230 SY $1000 S2 MO CO 26 T-90552 Topeeerg 25 CY 53000 1250 CO 29 6101-51a 6-inch Due. Iron Poe 209 LF WO 00 $8.38000 3 6101-510 a-irsh DulM Iron Pipe 40 LF 13500 $1 ]8600 31 0151-51 Manholes 1 EA S4,00000 $4.m000 32 0151-5 2 Catch Baum 2 EA 52,000 CO 11.000 00 33 6151.53 1.0/CU0e75 1 EA 8100052 1100003 34 6151-54 Inspection Holm 3 EA S800 CC S2.400 CO SCHEDULE 1 SUBTOTAL CONSTRUCTION COSTS 51,265,211.0E Saes Tax 82% 310194822 SCHEDULE 1 TOTAL ESTIMATED CONSTRUCTION COSTS S1,346,21922 AOORI9g OW SCNI MR8 I A1i4BARAL APRON CONCRETE ITEM NO SPEC ITEM DESCRIPTION SCHEDULE OF VALUES QUANTITY UNIT PRICE AMOUNT 1 SP-65 1 Geosahie Seam -Mon Fabric 240 SY S3 00 8120 00 2 SI,a5 Removal of Structure* pet 0101ruc0om 1 L5 15.000m S5CO3 00 3 P-152-4 1 UncleM6ee Exraveon 50 CY 31500 815000 4 P-1524 2 Ursula. Oeereepth EauvMon 630 CY S20 00 112.1303 00 5 P-154-51 S2200ee Comae 1660 CY 5a625 122.70000 6 7 P.201351 P e0t-01 1 CrWee Aggregate Bove Course B#Mnnre. Surface Couree 220 lam CY TON S5 50 5110 CO S12.210 00 (S33.00000) P-501-01 Portle8 re Gernert Concrete Pavement Plain. 6' 1.550 SY S135 CO S20).250 CO 9 P-5014 2 O�eAlylla Csrrart Comets PseemeN (P.m. 12' 130 SY S100 00 123400 00 SCHEDULE A SUBTOTAL CONSTRUCTION COSTS 0412010.00 Se. Tar 82% 82483862 SCHEDULE A TOTAL ESTIMATED CONSTRUCTION COSTS 1722.246.112 SUBTOTAL CONSTRUCTION COSTS S1646,181.00 Ss. Ted 82% 312629684 TOTAL ESTIMATED CONSTRUCTION COSTS $1,622,167.84 JLd ENOINEERS, INC w. av lbaerasa, Son, aprre, a.xaw faa teal NEAT Quante., Factor 23 BM Qly 23 1 1 428 1 00 12.128 105 13360 6,113 105 6420 5,494 1.05 5720 1,891 115 2303 24.335 105 25550 36B 115 460 20 1 20 155 115 180 59 115 10 4.364 115 5020 428 11 470 202 115 230 160 11 209 22 25 36 11 396 025 115 0.29 212 115 240 551 115 630 1,522 11 1.0 212 105 220 -258 115 300 1a05 122 1SSO 130 TCA 10' P 501 AVG 3223/Ty MANI NM IMAM MOO AMA., NOM • uvo.T.*O. lY DATA 4! «-r MUNI MAIM XI VAN I* 18410 VI len AIRPORT PAOPARTY DATA illiiliii1' MOMMIIVI ENO MIT 7,11 MAW rob tir.rV AnATTA MGM mow 1.10141 1 PHs YAKIMA AID MAMA NI. LLAMA MELD AIRPORT PROPERTY MAP EXHIBIT A VAR. An 111/1116.1 12 OF 12 �r U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I —OFFER Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: City of Yakima, Washington July 18, 2018 Yakima Air Terminal/McAllister Field — Yakima, Washington 3-53-0089-041-2018 (Contract Number: DOT-FA18NM-0020) 078212651 (herein called the "Sponsor") FROM: The United States of America(acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 2, 2018, for a grant of Federal funds for a project at or associated with the Yakima Air Terminal/McAllister Field, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Yakima Air Terminal/McAllister Field (herein called the "Project") consisting of the following: Update Airport Master Plan Study; which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. § 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. § 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated March 2014,and the Sponsor's acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided. THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 90 percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. 1 March, 2014 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $400,000. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S C. § 47108(b): $400,000 for planning $0 airport development or noise program implementation, and, $0 for land acquisition. 2. Period of Performance. The period of performance begins on the date the Sponsor formally accepts this agreement. Unless explicitly stated otherwise in an amendment from the FAA, the end date of the period of performance is 4 years (1,460 calendar days) from the date of formal grant acceptance by the Sponsor. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR §200.309). Unless the FAA authorizes a written extension, the sponsor must submit all project closeout documentation and liquidate (pay off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR §200.343) The period of performance end date does not relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of a grant agreement. 3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies, and procedures of the Secretary Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 5. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from performing the project that exceeds three months. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the assurances which are part of this agreement. 6. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 7. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before July 31, 2018, or such subsequent date as may be prescribed in writing by the FAA. 8. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds The Sponsor must return the recovered Federal share, including funds recovered by 2 March, 2014 settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary 9. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 10. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov) B. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-705-5771) or on the web (currently at http://fedgov.dnb.com/webform). 11. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 12. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments The FAA's authority to increase the maximum obligation does not apply to the "planning" component of condition No 1. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment 13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program specific audit in accordance with 2 CFR part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Provide one copy of the completed audit to the FAA if requested. 15. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR §180.200, the Sponsor must. A. Verify the non-federal entity is eligible to participate in this Federal program by: 3 March, 2014 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR §180.330 when entering into lower -tier transactions (e.g. Sub -contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity. 16. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to. 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2 Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 17. Exhibit "A" Property Map. The Exhibit "A" Property Map dated May 1, 2015, is incorporated herein by reference or is submitted with the project application and made part of this grant agreement. 18. Employee Protection from Reprisal. A. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph (A)(2), information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii An Inspector General; iii The Government Accountability Office; 4 March, 2014 iv. A Federal office or employee responsible for oversight of a grant program; v. A court or grand jury; vi. A management office of the grantee or subgrantee; or vii A Federal or State regulatory enforcement agency. 3 Submission of Complaint —A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4 Time Limitation for Submittal of a Complaint - A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5 Required Actions of the Inspector General — Actions, limitations and exceptions of the Inspector General's office are established under 41 U S.C. § 4712(b) 6 Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under4l U.S.C. § 4712(c). 19. Disadvantaged Business Enterprise (DBE)/Airport Concessions Disadvantaged Business Enterprise (ACDBE) Program. The Sponsor understands and agrees that the FAA will not make nor be obligated to make any payments on this grant until the Sponsor has submitted its DBE Plan to the FAA Office of Civil Rights DBE Program (reflecting compliance with 49 CFR Part 26), and if applicable its ACDBE program 20. Coordination. The Sponsor agrees to coordinate this master planning study with the metropolitan planning organizations, other local planning agencies, and with the State Airport System Plan prepared by the State's Department of Transportation and consider any pertinent information, data, projections, and forecasts which are currently available or as will become available. The Sponsor agrees to consider any State Clearinghouse comments and to furnish a copy of the final report to the State's Department of Transportation. 21. Grant Approval Based Upon Certification. The FAA and the Sponsor agree that the FAA approval of this grant is based on the Sponsor's certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA. The Sponsor Certifications received from the Sponsor for the work included in this grant are hereby incorporated into this grant agreement. The Sponsor understands that: a. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to any AIP standards or to notify the FAA of any limitations to competition within the project; b. The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; c. If the FAA determines that the Sponsor has not complied with their certification statements, the FAA will review the associated project costs to determine whether such costs are allowable under AIP. 5 March, 2014 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Joelle Briggs Manager, Seattle Airports District Office 6 March, 2014 PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penalty of perjury that the foregoing is true and correct.' Executed this day of c til3 , }pti>r, . By: S-- /33 CITY CONTRACT NO L, RESOLUTION NO: DOS g— t 7 Yc rka (Name of Sponsor) (Signature of Sponsor's Authorized Official) 1 r" Lc f E (Typed Name of Sponsor's Authorized Official) 1\ss "AAA4..5,21l (Title of Sponsor's Authorized Official CERTIFICATE OF SPONSOR'S ATTORNEY , acting as Attorney for the Sponsor do hereby certify: Tha irf o inio th S r i empowered y p po o s e po ered to enter into the foregoing Grant Agreement under the laws of the State of ti�w,A . Further, I have examined the foregoing Grant Agreement and the actions taken by said Spo sor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at tAA— (location) this / ' day of , 2D /8 By: (Signature of Sponsor's Attorney) 'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 7 March, 2014 ASSURANCES AIRPORT SPONSORS A. General. d. 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. e. 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. f. 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. 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 Exclusive Rights and Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 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: 8 March, 2014 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 seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq." 2 f National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f)." 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." I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title Vlof 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 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, et seq.2 Y. Drug -Free Workplace Act of 1988 - 41 U.S C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109- 282, as amended by section 6202 of Pub. L. 110-252). EXECUTIVE ORDERS a. Executive Order 11246 - Equal Employment Opportunity' b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 —Flood Plain Management 9 March, 2014 d Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' f. Executive Order 12898 - Environmental Justice FEDERAL REGULATIONS a. 2 CFR Part180 - OMBGuidelines to Agencies on Governmentwide 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 Organizations].°-5, 6 c. 2 CFR Part 1200 — Nonprocurement 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 State and Local Government Services. g. 28 CFR § 50.3 - U.S Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. h. 29 CFR Part 1 - Procedures for predetermination of wage rates.' 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.' 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).' k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' I. 49 CFR Part 18 - Uniform 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 p 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.'' 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 Assistance.' 10 March, 2014 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. These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200 110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 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: 11 March, 2014 It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5 Preserving Rights and Powers. a It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement 12 March, 2014 d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. 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. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7 Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed 9 Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy 13 March, 2014 of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13 Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 14 March, 2014 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17 Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. 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. 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. g. 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 15 March, 2014 required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary In furtherance of this assurance, the sponsor will have in effect arrangements for- 1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20 Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, 16 March, 2014 provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. a.) Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities b.) Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. c.) Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. d.) It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform e.) In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. f.) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. g.) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental 17 March, 2014 and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 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 a.) 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 18 March, 2014 manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. b.) Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code 26. Reports and Inspections. It will: a submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail. 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 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. by gross weights of such aircraft) is in excess of five million pounds Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied. 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 19 March, 2014 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 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. a ) If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a Using the definitions of activity, facility and program as found and defined in §§ 21 23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the 20 March, 2014 sponsor's programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2) So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." e. Required Contract Provisions. 1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a.) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and 21 March, 2014 b.) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was 22 March, 2014 notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32 Engineering and Design Services. 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 January 24, 2017 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35 Relocation and Real Property Acquisition. 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 23 March, 2014 nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801) 38 Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1) Describes the requests, 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 24 March, 2014 FAA Airports Current FAA Advisory Circulars Required for Use in AUP Funded and PFC Approved Projects updated 2/20/2018 View the most current versions ofthese ACsand any associated changes at: http://wwvv.faa.mov/airport,/remurces/advisurvcircv|aoand http://www.faa.«ov/renu|ations policies/advisory circulars/ 7U/7460'lL Change Obstruction Marking and Lighting 150/5020'1 Noise Control and Compatibility Planning for Airports 150/5070'68 Changes l'2 Airport Master Plans lSO/S070'7 Change The Airport System Planning Process 150/E100'138 Development ofState Standards for NonprimaryAirports 160/5200'28F Notices toAirmen (NOTAK85)for Airport Operators 150/E200'30D [hanBel Airport Field Condition Assessments and Winter Operations Safety 150/5200'31[ Changesl'I Airport Emergency Plan I50/5210'5D Painting, Marking, and Lighting ofVehicles Used nnanAirport 150/5I10'7D Aircraft Rescue and Fine Fighting Communications 150/E210'13[ Airport Water Rescue Plans and Equipment 150/5210'148 Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210'15A Aircraft Rescue and Firefighting Station Building Design 25 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 2/20/2018 :Pv,"t .^b,: w6,.k :.$" :: §., i"'T:: i?'; .i rF :: `N�.,;s.3c ;>#,�%%�' v!-b':.•f 4eN s.• aaj. bn+U�*rnLkMBE..., '`i/'tS'Y^�•:iY''sri,,CC: �J [�3't•• W'T i,F.' «,^S(','it y T�{Y:':i My^ �•yP`; '<; K': t.i:;! ;'4. %'.°,s 'i"tCNPY".s;'iv + sT! si"`.,`. Y`!y:«-7 s_� .«„'x ,rt•i'`,,j•i,.; �71F:«y.K „osi�. �a .y`s.1 �Y .r :<?r941t'':.. ,1„.y:':. ,..,'S.'..., L`t,"¢.a;!�; .t ta:ITv. LE ';.''j?`:'a•4sP '•�:'c,�.:..''.'+.. t? N.};:Ht/, .J',.. w.'Pv'{Wt4,ftii••:'y:¢i(ry{p:snrY''`iyy.r.a`rlK '- -..v,J x':i.'J`:'"`,.;ai:"*'4..: ''F,�Sf+`?v.�;%'%��n TS ,.5,.+" ..ytixsi .•J^,.:ii^<2t:'4Xr:.i+'' iS l_" `."Y« f.' . 150/5210-18A Systems for Interactive Training of Airport Personnel 150/5210-19A Driver's Enhanced Vision System (DEVS) 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220-16E Automated Weather Observing Systems (AWOS) for Non -Federal Applications 150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220 18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20A Airport Snow and Ice Control Equipment 150/5220-21C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5220-25 Airport Avian Radar Systems 150/5220-26 Changes 1-2 Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS-B) Out Squitter Equipment 150/5300 76 FAA Policy on Facility Relocations Occasioned by Airport Improvements of 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 Change 1 Standards for Using Remote Sensing Technologies in Airport Surveys 150/5300-18B Change 1 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-5D Airport Drainage Design 150/5320-6F Airport Pavement Design and Evaluation 26 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated. 2/20/2018 150/5320'1I[ [hangesl-8 Measurement, Construction, and Maintenance ofSkid Resistant Airport Pavement Surfaces 150/5320'15A Management ofAirport Industrial Waste I50/5235-48 Runway Length Requirements for Airport Design 150/E335'5C Standardized Method ofReporting Airport Pavement Strength P[N 1SU/E34O'1L Standards Airport Markings rd Ai an a � for rpo ar ngs 150/E340'5D Segmented Circle Airport Marker System 1E8/5340'18F Standards for Airport Sign Systems 150/5]40'26[ Maintenance ofAirport Visual Aid Facilities 150/5340'30] Design and Installation Details for Airport Visual Aids 150/5345'3G Specification for L'8Zl'Panels for the Control nfAirport Lighting 150/5345'513 Circuit Selector Switch 1E0/E345'7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345'10H Specification for Constant Current Regulators and Regulator Monitors 150/5345'12F Specification for Airport and Heliport Beacons 150/5345'13B Specification for L'D41Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345'I6D FAA Specification For L'8J3Plug and Receptacle, Cable Connectors 150/5345-27E Specification for Wind Cone Assemblies 150/E345'28G Precision Approach Path |ndicator(PAP|) Systems 150/5345'39D Specification for L'853'Runway and Taxiway Retroreflective Markers 150/5345-42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345'43H Specification for Obstruction Lighting Equipment 150/5345'44K Specification for Runway and Taxiway Signs 150/5345'45[ Low -impact Resistant (L|R)Structures 27 FAA Ad visory Circu I a r Required for Use AIP Funded and PFC Approved Projects Updated: 2/20/2018 NO jK­ 150/5345'46E Specification for Runway and Taxiway Light Fixtures 150/5345-47[ Specification for SehTransformers nsformersfurAirportLightin8 Systems 150/E345'49D Specification L8S4'Radio Control Equipment 150/5345'50B Specification for Portable Runway and Taxiway Lights 150/5345'518 Specification for Discharge -Type Flashing Light Equipment 150/5345'E2A Generic Visual G|idedopeIndicators (GVG|) 150/5345-53D Airport Lighting Equipment Certification Program 150/5345'54B Specification for L884' Power and Control Unit for Land and Hold Short Lighting Systems 150/5345'E5A Specification for L,D93' Lighted Visual Aid toIndicate Temporary Runway Closure 150/5345'56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5368'12F Airport Signing and Graphics 150/5360-13 Change Planning and Design Guidelines for Airport Terminal Facilities 150/5360-14A Access to Airports By Individuals With Disabilities 150/5370'2G Operational Safety onAirports During Construction 150/5370'10G Standards for Specifying Construction ofAirports 150/E370'11B Use nfNondestructive Testing inthe Evaluation ofAirport Pavements 150/5370'I3A Off -Peak Construction nfAirport Pavements Using Hot -Mix Asphalt 150/5370-15B AioideApplications for Artificial Turf 150/E370'I6 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370'17 AinideUse nfHeated Pavement Systems 150/5390'2[ Heliport Design 150/5395'1A Seaplane Bases 28 FAA Advisory Circular Required for Use AlP Funded and PFC Approved Projects Updated: 2/20/2018 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 2/20/2018 f'd •t. i���,�' q„ �i1:? dn�iiy'r<°e; ";«�ryb%^.•'`.ta':�Gy?,:�t �*i�'ti'r;"< ;h+J":•.'rd:a�. <.•bc'v`: r+,tY ^1.+�./".it ' ,,,+t;,�5i' :^f, ',vL ¢X•�y+A,^ �y,�y:1s,h'i'f.h t��A3�+�( Y+.�ti:'�`w.�.p,, ,w�,•- ��^'}':`�•�•'-,"},'!'i^xS¢'�,-*'Zt<,^P+,A',:�'.'n;a�t. ,,yy s'li; rir ^�s h.'Y,; �tptr��•�Y���,'G.�% S ry»....,5 ��n+,� �z'�-»: k:� S� .iv^_ ."..i'.y .3'.: n 6^ .5' Y' ! � J r:^ iWt: �J-i =r .i �.s�.a. ,�y; .:-. Y..a..tk ,.,Ji y y� ' k v.p 9:- { y � ,^.i ��pC p +,�;h y, .xr rrs ^•.•, ,,fit :-w �':�`. h': g'Nl1MBERir;'.F',':x`^'.;�J �'•:: 4`n;y. �..., ,n*k.ra;...�x,..� :�r � ��...� s �"d�-ewlity ":gz5; vrt': �;, ;qti ��.•4 pp '" :K?'m ;.-t '''t. �`,, �:•': }n:11hYJ3�8�..1',. rnb,,,^� nft>:Jfi�rf,,t'4'...'i�': ff '"'i.'�iriw +W,-�5e'..r ':i f, •a;. :t ,�prt-t <.'%�:,yw",'•�.�.x ..e?&n��'4`-,.a y �k"a' +�•: 3".h'..f% .y�Cn. "� y".;S:J.".i.•� .Y�:}�F: :-f,+� i»», i ::�- St; Ty' '4s✓:,»n'.' .:✓'" i§��. Y' n�by6�a.. z} E<. M `'i' �{ � hid'•' ' ?j a, C s� �•'f�..,".x�!!'' Ft,`s f>. �y1s "•+: '.� ••;dei's';.�;'y -.C� . .f.; �Tll'LE . .3rI, .,. K',.if: aA' :.Tilt^., .." 3i,°+Y'�..1:?T.'{.:i'[a'�'e,.<:Lei:1'•,x,?'.4.:!t,'�'�•n-V•'h-i.y5s_. •y.. 150/5100-14E Change 1 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-17 Changes 1 - 7 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5300-15A Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals 150/5370-12B Quality Management for Federally Funded Airport Construction Projects 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-7B Airport Pavement Management Program 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 29 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 2/20/2018 Single Audit Certification Form The Single Audit Act of 1984 established audit requirements for non -Federal entities that receive Federal aid. On December 26, 2014, the implementing document, OMB Circular A-133 (Audits of States, Local Governments, and Non - Profit Organizations) was superseded by 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). If your current fiscal year began before December 26, 2014, then OMB Circular A-133 is still applicable. If your fiscal year begins on or after January 1, 2015, then 2 CFR Part 200 applies. Under OMB A-133, State or local governments (City, County, Airport Authority, Airport Board) that expend $500,000 or more a year (calendar or fiscal) in total Federal financial assistance must conduct an audit and submit it to the Federal Audit Clearinghouse. If the single audit is required under 2 CFR Part 200, then the total Federal financial assistance expenditure limit is $750,000 or more. For more information on the Single Audit Act requirements please reference the following web site http://harvester.census.gov/sac/ This notice is our request for a copy of your most recent audit, whether or not there are any significant findings. In accordance with your Airport Improvement Program (ALP) grant agreement, you must also provide that information to your local Airports District Office (ADO). Please fill out the information below by checking the appropriate line(s), sign, date, and return this form to the FAA local ADO identified at the bottom of the form. Airport Sponsor Information. k�. d Sponsor Name Fiscal/Calendar ' ear Ending Airport Name Sponsor's Representative Name Representative's Title 5-0;- 5-3S-&ot{o Telephone Int, • Cal+ e 6.4Catr'f1Cid11..gtLli� ad N Please check the appropriate line(s) ❑ We are subject to the Single Audit requirements and are taking the following action. ❑ The Single Audit for this fiscal/calendar year has been submitted to the FAA. ❑ The Single Audit for this fiscal/calendar year is attached. The Single Audit report will be submitted to the FAA as soon as this audit is available. ❑ We are exempt from the Single Audit requirements for the fiscal/calendar noted above Sponsor Certification: Return to. FAA, Seattle Airports District Office 1601 Lind Ave. SW, Ste. 250 Renton, WA 98057-3356 Date 3-53-0089-042-2018 U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I —OFFER Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO. City of Yakima, Washington August 13, 2018 Yakima Air Terminal/McAllister Field — Yakima, Washington 3-53-0089-042-2018 (Contract Number: DOT-FA18NM-0046) 078212651 (herein called the "Sponsor") FROM: The United States of America(acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 18, 2018, for a grant of Federal funds for a project at or associated with the Yakima Air Terminal/McAllister Field, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Yakima Air Terminal/McAllister Field (herein called the "Project") consisting of the following: Rehabilitate west general aviation apron (construction); which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. § 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S C. § 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated March 2014,and the Sponsor's acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided. THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 90 percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. 1 March, 2014 3-53-0089-042-2018 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $1,626,384. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $0 for planning $1,626,384 airport development or noise program implementation; and, $0 for land acquisition. 2. Period of Performance. The period of performance begins on the date the Sponsor formally accepts this agreement. Unless explicitly stated otherwise in an amendment from the FAA, the end date of the period of performance is 4 years (1,460 calendar days) from the date of formal grant acceptance by the Sponsor. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR §200.309). Unless the FAA authorizes a written extension, the sponsor must submit all project closeout documentation and liquidate (pay off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR §200.343). The period of performance end date does not relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of a grant agreement. 3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies, and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 5. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from performing the project that exceeds three months. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the assurances which are part of this agreement. 6. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 7. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 17, 2018, or such subsequent date as may be prescribed in writing by the FAA. 8. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of 2 March, 2014 3-53-0089-042-2018 such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 9. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 10. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-705-5771) or on the web (currently at http://fedgov.dnb.com/webform). 11. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 12. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of condition No. 1. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 13. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this agreement. 14. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 15. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the 3 March, 2014 3-53-0089-042-2018 United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 16. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. May not be increased for a planning project; B. May be increased by not more than 15 percent for development projects; C. May be increased by not more than 15 percent for land project. 17. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program specific audit in accordance with 2 CFR part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Provide one copy of the completed audit to the FAA if requested. 18. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR §180.200, the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR §180.330 when entering into lower -tier transactions (e.g. Sub -contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity. 19. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as. a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 20. Exhibit "A" Property Map. The Exhibit "A" Property Map dated May 1, 2015, is incorporated herein by reference or is submitted with the project application and made part of this grant agreement. 4 March, 2014 3-53-0089-042-2018 21. Employee Protection from Reprisal. A. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph (A)(2), information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant. 2 Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: i A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal office or employee responsible for oversight of a grant program; v. A court or grand jury; vi. A management office of the grantee or subgrantee; or vii. A Federal or State regulatory enforcement agency. 3 Submission of Complaint —A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4 Time Limitation for Submittal of a Complaint - A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General — Actions, limitations and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b) 6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under4l U.S C. § 4712(c). 22. Pavement Maintenance Management Program. The Sponsor agrees that it will implement an effective airport pavement maintenance management program as required by Grant Assurance Pavement Preventive Management. The Sponsor agrees that it will use the program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. The Sponsor further agrees that the program will: A. Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements, establishing an effective maintenance program, specific types of distress and its probable cause, inspection guidelines, and recommended methods of repair; B. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed; C. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and Reference, meeting the following requirements: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: 5 March, 2014 3-53-0089-042-2018 a. Location of all runways, taxiways, and aprons; b Dimensions; c. Type of pavement; and, d. Year of construction or most recent major rehabilitation. 2. Inspection Schedule. a Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in the Advisory Circular 150/5380-6, the frequency of inspections may be extended to three years. b Drive -By Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. For drive -by inspections, the date of inspection and any maintenance performed must be recorded. 3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The type of distress, location, and remedial action, scheduled or performed, must be documented. The minimum information is: a. Inspection date; b. Location; c. Distress types; and d. Maintenance scheduled or performed. 4. Information Retrieval System. The Sponsor must be able to retrieve the information and records produced by the pavement survey to provide a report to the FAA as may be required. 23. Project which Contain Paving Work in Excess of $500,000. The Sponsor agrees to: A. Furnish a construction management program to the FAA prior to the start of construction which details the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program must include as a minimum: 1. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract; 2 Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided; 3 Procedures for determining that the testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation referenced in the contract specifications (D 3666, C 1077); 4 Qualifications of engineering supervision and construction inspection personnel; 5 A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test; and 6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. 6 March, 2014 3-53-0089-042-2018 B. Submit at completion of the project, a final test and quality assurance report documenting the summary results of all tests performed; highlighting those tests that indicated failure or that did not meet the applicable test standard. The report must include the pay reductions applied and the reasons for accepting any out -of -tolerance material. Submit interim test and quality assurance reports when requested by the FAA. C. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, will, absent any compelling justification; result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction will be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. D. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 24. Grant Approval Based Upon Certification. The FAA and the Sponsor agree that the FAA approval of this grant is based on the Sponsor's certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA. The Sponsor Certifications received from the Sponsor for the work included in this grant are hereby incorporated into this grant agreement. The Sponsor understands that: a. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to any AIP standards or to notify the FAA of any limitations to competition within the project; b The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; c. If the FAA determines that the Sponsor has not complied with their certification statements, the FAA will review the associated project costs to determine whether such costs are allowable under AIP 7 March, 2014 3-53-0089-042-2018 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Signature) loelle Briggs Manager, Seattle Airports District Office 8 March, 2014 3-53-0089-042-2018 PART 11 - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application I declare under penalty of perjury that the foregoing is true and correct 1 1� ) Executed this day of f'-(,I [ z (g By: CITY CONTRACT NO: RESOLUTION NO: (Name of Sponsor) (Signatp of 5ponsor's Authorized Official) 0.G.rf Knoore...) (Typed Name of Sponsor's Authorized Official) 0.J. nut 'ems (Title of Sponsor's' Autho ed Official CERTIFICATE OF SPONSOR'S ATTORNEY I, 1l e►en A - Ha('✓C / , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Libi) 1Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and ponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at'/ k/1? G%' %4" (location) this 15 day of caz-3/}A- tgC)ig By: (Signature of Sponsor's Atto y) dch y a ® Age — r 'Kn owingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 9 March, 2014 3-53-0089-042-2018 ASSURANCES AIRPORT SPONSORS A. General. d 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. e. 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. f. 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. 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 Exclusive Rights and Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. 10 March, 2014 3-53-0089-042-2018 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 seq.2 e Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.' 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title Vlof 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 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, et seq.2 y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706 z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109- 282, as amended by section 6202 of Pub. L. 110-252). 11 March, 2014 3-53-0089-042-2018 j• EXECUTIVE ORDERS a. Executive Order 11246 - Equal Employment Opportunity' b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 —Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' f. Executive Order 12898 - Environmental Justice FEDERAL REGULATIONS a. 2 CFR Part180 - OMBGuidelines to Agencies on Governmentwide 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 Organizations].4•5•6 c. 2 CFR Part 1200 — Nonprocurement 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 State and Local Government Services. g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. h. 29 CFR Part 1 - Procedures for predetermination of wage rates.' 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.' 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).' k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' I. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.' 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. p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.12 12 March, 2014 3-53-0089-042-2018 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 Assistance.' 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. ' These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200 110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 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 13 March, 2014 3-53-0089-042-2018 understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4 Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes 14 March, 2014 3-53-0089-042-2018 thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. 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. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 15 March, 2014 3-53-0089-042-2018 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful 12 Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 16 March, 2014 3-53-0089-042-2018 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17 Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country 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. 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 g. 17 March, 2014 3-53-0089-042-2018 any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- 1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and 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. 18 March, 2014 3-53-0089-042-2018 b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. a.) Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. b ) Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport c.) Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. d.) It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. e.) In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. f.) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. g.) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: 19 March, 2014 3-53-0089-042-2018 a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 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 20 March, 2014 3-53-0089-042-2018 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. a.) 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. b.) Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property 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. by gross weights of such aircraft) is in excess of five million pounds Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or 21 March, 2014 3-53-0089-042-2018 b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied. 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 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. a.) If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. 22 March, 2014 3-53-0089-042-2018 a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3) Real Property Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2) So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." e Required Contract Provisions. 1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, 23 March, 2014 3-53-0089-042-2018 structures, use, or improvements thereon or interest therein to a sponsor. 4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties. a.) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b.) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in 24 March, 2014 3-53-0089-042-2018 an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. 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 January 24, 2017 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. 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. 25 March, 2014 3-53-0089-042-2018 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. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1) Describes the requests; 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 26 March, 2014 3'53-0089-04I'2018 FAA Airports Current FAA Advisory Circulars Required for Use ^n Alp Funded and PFC Approved Projects Updated 2/20/2018 View the most current versions ofthese A[sand any associated changes at: Nttp://www.faa.xov/aiumrts/resouoes/odvi*ory drcu|anand http://www.faa.nov/renu|ations policies/advisory circulars/ -- e��° � .� ` `��_���',^'V'^��.,_./' `��' ' ' �^ � �,� � ��� p' ` ~�T� 70/746O'lL [hanQe1 Obstruction Marking and Lighting lSO/SUIO'l Noise Control and Compatibility Planning for Airports 150/5070'613 Changes 1'Z Airport Master Plans 150/5U7O'7 Change The Airport System Planning Process 150/5100'138 Development ofState Standards for NonprimaryAirports 150/5200'28F Notices toAirmen (NOTAK4S)for Airport Operators 1E0/5200'30D [hange1 Airport Field Condition Assessments and Winter Operations Safety 150/5200'31[ ChanQes1'I Airport Emergency Plan 150/5210'5D Painting, Marking, and Lighting of Vehicles Used on an Airport 150/5210'71) Aircraft Rescue and Five Fighting Communications 150/5210'13[ 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 27 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 2/20/2018 l8 150/5210'18A Systems for Interactive Training ofAjrportPenonne| 150/5210'19A Driver's Enhanced Vision System (DEVS) 150/5220'10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF)Vehicles 150/5220'16E Automated Weather Observing Systems (AVVOS) for Non -Federal Applications 150/5220'178 Aircraft Rescue and Fire Fighting (ARFF)Training Facilities 150/5220'18A Buildings for Storage and Maintenance ofAirport Snow and Ice Control Equipment and Materials 150/5220'20A Airport Snow and Ice Control Equipment 150/5220'I1C Aircraft Boarding Equipment 150/5I20'22B Engineered Materials Arresting Systems (EK4AS)for Aircraft Overruns 150/5220'23 Frangible Connections 150/5220'24 Foreign Object Debris Detection Equipment 150/5I20'25 Airport Avian Radar Systems 158/E220'26 ChanQesl'I Airport Ground Vehicle Automatic Dependent Surveillance Bnnadcast(ADS'B) Out Squitter Equipment 150/5300'713 FAA Policy on Facility Relocations Occasioned by Airport Improvements of Changes 150/5300'13A Change Airport Design 1E0/5300'14[ Design ofAircraft Deicing Facilities 150/5300'16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission tothe National Geodetic Survey 150/5300'17[ Change Standards for Using Remote Sensing Technologies inAirport Surveys 150/5300'188 Change General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5328'51) Airport Drainage Design 150/53I0'6F Airport Pavement Design and Evaluation 28 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 2/20/2018 3-53-0089-042-2018 ' .. 150/5320'12C [han8es1'8 Measurement, Construction, and Maintenance ofSkid Resistant Airport Pavement Surfaces 150/5320'15A Management ofAirport Industrial Waste 150/5235'48 Runway Length Requirements for Airport Design 150/5335'5C Standardized Method ofReporting Airport Pavement Strength P[N 1SO/S34O'lLr Standards fo Ai �� ki Airport Markings 1E0/5340'51) Segmented Circle Airport Marker System 150/5340'18F Standards for Airport Sign Systems 150/E340'26[ Maintenance ofAirport Visual Aid Facilities 150/5340'30U Design and Installation Details for Airport Visual Aids 150/5345'3G Specification for L8Il'Panels for the Control ofAirport Lighting 150/5345'58 Circuit Selector Switch 158/5345'7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345'10H Specification for Constant Current Regulators and Regulator Monitors 150/5345'12F Specification for Airport and Heliport Beacons 150/5345'138 Specification for L'84lAuxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/E345'26D FAA Specification For LO23Plug and Receptacle, Cable Connectors 150/5345'I7E Specification for Wind Cone Assemblies I50/5345'28G Precision Approach Path |ndicator(PAP|) Systems 150/5345'39D Specification for L853'Runway and Taxiway Retvureflective Markers 150/5345'42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345'43H Specification for Obstruction Lighting Equipment I50/5345'44K Specification for Runway and Taxiway Signs 150/E345'45[ Low -impact Resistant (L|R)Structures 29 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 2/20/2018 3'53'0089'04I'2018 ���`/�+',��. 150/5345'46E Specification for Runway and Taxiway Light Fixtures 150/5345'47[ Specification for SehTransformers nsformeoforAirportU0htin8 Systems 150/5345'49D Specification LOS4'Radio Control Equipment 150/E345'50B Specification for Portable Runway and Taxiway Lights 150/534E'51B Specification for Discharge -Type Flashing Light Equipment 150/5345'52A Generic Visual G|idedopeIndicators (GVG|) 150/5345'53D Airport Lighting Equipment Certification Program 150/5345'54B Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems 150/534E'55A Specification for LD93' Lighted Visual Aid toIndicate Temporary Runway Closure 150/5345'56B Specification for LA9OAirport Lighting Control and Monitoring System(AL[IVIS) 150/5360'12F Airport Signing and Graphics 150/5360'13 Change Planning and Design Guidelines for Airport Terminal Facilities 150/5360'14A Access to Airports By Individuals With Disabilities 150/5370'2G Operational Safety onAirports During Construction 150/5370'10G Standards for Specifying Construction ofAirports 150/5370'11B Use ofNondestructive Testing inthe Evaluation ofAirport Pavements 150/5370'13A Off -Peak Construction ofAirport Pavements Using Hot -Mix Asphalt 150/5370'15B AirsideApplications for Artificial Turf 150/5370'16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370'17 Ainide Use ofHeated Pavement Systems 150/5390'2[ Heliport Design 158/5395'IA Seaplane Bases 30 FAA Advisory Circular Required for Use AIP Funded and PFC Approved Projects Updated: 2/20/2018 3-53-0089-042-2018 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 2/20/2018 � . 150/5100'14E Change Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100'17 Changes 1'7 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5300'15A Use ofValue Engineering for Engineering Design ofAirport Grant Projects 150/5320'17A Airfield Pavement Surface Evaluation and Rating Manuals 150/5370'1I8 Quality Management for Federally Funded Airport Construction Projects 150/5380'6[ Guidelines and Procedures for Maintenance ofAirport Pavements 150/5380'713 Airport Pavement Management Program 150/5380'9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 31 FAA Advisory Circular Required for Use mpFunded and PFcApproved Projects Updated: 2/20/2018 C� Single Audit Certification Form The Single Audit Act of 1984 established audit requirements for non -Federal entities that receive Federal aid. On December 26, 2014, the implementing document, OMB Circular A-133 (Audits of States, Local Governments, and Non - Profit Organizations) was superseded by 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). If your current fiscal year began before December 26, 2014, then OMB Circular A-133 is still applicable If your fiscal year begins on or after January 1, 2015, then 2 CFR Part 200 applies. Under OMB A-133, State or local governments (City, County, Airport Authority, Airport Board) that expend $500,000 or more a year (calendar or fiscal) in total Federal financial assistance must conduct an audit and submit it to the Federal Audit Clearinghouse If the single audit is required under 2 CFR Part 200, then the total Federal financial assistance expenditure limit is $750,000 or more. For more information on the Single Audit Act requirements please reference the following web site. http://harvester.census.gov/sac/ This notice is our request for a copy of your most recent audit, whether or not there are any significant findings. In accordance with your Airport Improvement Program (ALP) grant agreement, you must also provide that information to your local Airports District Office (ADO). Please fill out the information below by checking the appropriate line(s), sign, date, and return this form to the FAA local ADO identified at the bottom of the form. Airport Sponsor Information. Sponsor Name Fiscal/Calendar Year Ending PAr"— 4'\CAllJS,)er r a&1 Airport Name CI P66 Nor& e, Mane` or Sponsor's Representative Name epresentattve's Tn S- ��-5 Ga e11FF.111t,rad/)1 re>)PIa/va�7✓ Telephone Email Please check the appropriate line(s): 121' We are subject to the Single Audit requirements and are taking the following action• ❑ The Single Audit for this fiscal/calendar year has been submitted to the FAA ❑ The Single Audit for this fiscal/calendar year is attached. The Single Audit report will be submitted to the FAA as soon as this audit is available. ❑ We are exempt from the Single Audit requirements for the fiscal/calendar noted above. Sponsor Certification. Return to. FAA, Seattle Airports District Office 1601 Lind Ave. SW, Ste. 250 Renton, WA 98057-3356 Date BID SUMMARY YAKIMA AIR TERMINAL-MCALLISTER FIELD WEST GA APRON REHABILITATION FAA AIP 3-53-0069-42-2016 ENGINEER'S ESTIMATE GRANITE CONSTRUCTION COLUMBIA ASPHALT SELLAND CONSTRUCTION ITEM BASE BID SCHEDULE 1 5% Bid Bond MEW Bond 504 Bd Bond NO. REM DESCRIPTION 0TY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization 1 LS 3 150,000 00 $ 150,000.00 S 185.475 00 $ 185,476.00 5 165.000 DO $ 165,000.00 3 110.000 00 $ 110,000.00 2 Construction Surveying 1 LS S 40.00000 $ 40,000.00 $ 30.00000 $ 30,000.00 $ 58.00000 1 58,000.00 $ 50.00000 $ 50,000.00 3 Tie Down Anchors (Set of 3) 23 EA $ 7.000 00 $ 46,000.00 $ 3.700 00 $ 66,100.00 S 2 000 00 $ 46,000.00 S 2.000 00 $ 46,000.00 4 Construction Safety 1 LS 1 25 000 00 $ 25,000.00 3 25 000 00 - $ 26,000.00 S 36 000 00 $ 30,000.00 S 50.000 00 S 50,000.00 5 Contractor Provided SPCD 1 LS $ 4 000 00 $ 4,000.00 1 400.00 $ 400,00 3 1.500 00 1 1,500.00 1 20,000 00 $ 20,000,00 6 Trench Safety 1 I S S 5 000 00 $ 5,000.00 S 1.025 00 $ 1,026.00 $ 300 00 $ 300.00 $ 10 000 00 $ 10,000.00 7 Airport Gate Access Security 1 I S $ 35 000 00 $ 35,000.00 S 13.550 00 $ 13,350.00 $ 31.000 00 S 31,000.00 S 10.000 00 3 20,000.00 8 Geotexl0N Separation Fabric 470 SY S 300 $ 1,410.00 $ 350 $ 1,645.00 $ 300 S 1,4111.00 5 250 3 1,170.00 9 Asphalt Pavement Removal (112-inch Depth Milling) & Stockpile 13.360 SY $ 1 75 $ 23,380.00 5 1 75 S 23,340.00 $ 2 00 $ 26,720.00 5 2 00 S 26,720.00 10 Asphalt Pavement Removal (Full Depth Milling) & Stockpile 6.420 SY S 2 00 $ 12140.00 1 3 00 3 19.260.00 S 4 00 $ 25,680 00 $ 5 00 $ 32,190.00 11 Asphalt Pavement Removal (Transition Milling) & Stockpile 5.770 5Y S 4 00 $ 23,080.00 S 2 00 3 11,540.00 $ 3 50 $ 20,195.00 $ 3 00 $ 17,3111.811 12 Selective Paint Removal 250 SF S 1 50 $ 375,00 S 14 50 $ 3,625.00 3 4 60 $ 1,150.00 $ 7 00 $ 1,750.00 13 Removal of Structures and Obstructions 1 LS 3 50.000 00 $ 50.000,00 S 45 000 00 S 45,000.00 $ 39 000 00 $ 39,000.00 $ 50 000 00 $ 50,000.00 14 Dig and Verify 6 EA 3 750.00 $ 4,500.00 S 30000 $ 1,800.00 3 38500 $ 2,310.00 3 20000 $ 1,200.00 15 Place Asphalt Millings 2.300 SY $ 20 00 S 46,000.00 5 4 00 S 9,200.00 1 5 15 S 11,645.00 S 7.00 $ 16,100.00 16 Asphalt Overlay Fabric 25,550 SY $ 500 S 127,750.00 3 1000 S 255,500,00 $ 715 3 162682.50 1 900 S 229,050.00 17 Crack Sealing, 1.5-inch plus using mastic material 7 000 LF $ 5 00 1 35,000,00 S 4 10 0 70,7110.1111 S 1000 1 70,000.00 3 12 00 $ 64,0110.00 18 Apron Lighting Retrofit 2 EA $ 5 000 00 3 10,000.00 S 2 800 00 S 5,N0.N $ 3.600 00 S 7,200.00 1 3.600 00 5 7,200.00 19 Unclassified Excavation 460 CY 1 15 00 $ 8,600.09 $ 30 00 1 13,400.00 $ 45 00 S 20,700.00 $ 35 00 1 10.100.06 20 Unsuitable Overdepth Excavation 20 CY S 70 00 $ 4110,N 3 21 00 S 420.00 1 100.00 $ 2,000.00 1 100 00 3 2,000.00 21 Subbase Course 180 CY $ 4825 S 0,323.00 $ 7500 $ 13,5116.00 $ 8500 $ 15,300.00 S 7000 3 12,680.00 22 Crushed Aggregate Base Course 70 CY 5 55 50 3 3,885.00 $ 125 00 3 0,?Si .N $ 10500 S 7,350.00 1 70 00 $ 4,900.00 23 Bituminous Surface Course 5,020 TON $ 110 00 3 552,200.00 $ 110 00 $ S52,200.00 1 12000 $ 602,400.00 $ 135 00 $ 677,790.00 24 Portland Cement Concrete Pavement (Plain, 6' Depth) 430 SY 3 135 00 3 58,050,00 $ 124 00 1 53,320.00 S 20000 $ 88,000.00 3 135.00 S 50,050.00 25 Runway and Taxiway Markings with Glass Beads 4 630 SF 1 2 50 $ 11,575.00 $ 1.30 1 6,019.00 S 2.40 $ 11,11200 $ 3 00 S 13,000.00 26 Seeding 0 290 AC S 7 000 00 1 2,030.00 S 5 500 00 1 1,595.00 $ 6.800 00 1 1,972.00 1 7.500 00 3 2,176.00 27 Sodding 223 SY 1 1000 S 2,230.00 S 45,00 $ 10,035.00 $ 5000 $ 11,1511.1111 $ 5000 1 11,160.08 28 Topsoding (Furnished from Off the Site) 25 CY 1 30 00 $ 750.N $ 215 00 3 5,370.00 $ 180 00 S 4,500.00 $ 70 00 3 1,750.90 29 6-inch Ductile Iron Pipe 190 LE S 40 00 1 7,800.00 3 115 00 $ 21,1150.00 S 110.00 $ 20,900.00 1 80 00 1 13,200.00 30 4-Inch Ductile Iron Pipe 36 IF S 35 00 1 1,240.00 3 135 00 1 4,61*.00 $ 750 00 3 S,400.00 S 90 00 3 3,240.00 31 Manholes 1 EA S 4.00000 S 4,000.00 $ 5 000 00 $ 5,000.00 S 5.55000 $ 6,500.00 S 4.00000 8 4,000.00 32 /Catch Basins 2 EA 1 2.00000 $ 4,000.00 $ 1.50000 $ 3,000.00 3 4 900 00 $ 9,800.00 S 2.40000 1 4100.00 33 Inspection Holes 3 EA S 80000 1 2,400.00 $ 2400 $ 7208 S 2 000 00 1 6,000.00 S 2,40000 $ 7,200.00 34 Adjust Structure Rim Elevation 4 EA 5 1 000 00 $ 4,000.00 1 1 625 00 1 6,500.00 $ 1 500 00 3 6,000.00 $ 3 000 00 1 12,000.00 35 Adjust Structure Rim Elevation and Replace Lid 1 _ FA 3 2.000 00 $ 2,000.00 S 2.325 00 $ 2,325.00 S 4 000 00 $ 4,000.00 $ 4.500 00 8 4,600.00 Schedule 1 Subtotal S 1,310,1140.00 1 1,454,421.00 $ 1,548,126.50 S 1,624,760.00 WA State Sales Tax at 8.2% S 107,497.08 $ 119,262.52 $ 126,946.37 S 133,230.32 Schedule 1 Total $ 1,418,437.08 $ 1,573,683.52 $ 1,675,072.87 $ 1,757,990.32 CITY ENGINEERS REPORT ; CITY OF YAKIMA ALL BIDS HAVE BEEN REVIEWED BY THIS OFFICE COMPETITIVE BIDS WERE OPENED ON 7/132018ihilliN„ I RECOMMEND THE CONTRACT BE AWARDED TO (_� / YAKIMA AIR TERMINAL WEST GA APRON REHABILITATION AIP 3-53-0089-42-2018 �\J GRANITE CONSTRUCTION h ..'� , AWARD Y TY NAGER 7/24/M L // t I t ' Vak DATE: e,. DATE ENGINEER DA CITY R SHEET 1 OF 1 U.S. Department of Transportation Federal Aviation Administration April 14, 2021 Northwest Mountain Region Seattle Airports District Office Colorado • Idaho • Montana • Oregon • Utah 2200 S. 216th St. Washington - Wyoming Des Moines, WA 98198 Mr. Bob Harrison City Manager City of Yakima 2406 W. Washington Ave., Ste, B Yakima, WA 98903 Grant Closeout Letter AIP: 3-53-0089-042-2018 Contract Number: DOT-FA18NN -0046 Airport: Yakima Air Terminal — McAllister Field Location: Yakima, Washington Sponsor: City of Yakima, Washington Grant Closeout Date: April 14, 2021 Grant Review Case Number: DOT-FA21N -0052 Final grant amount: $1,626,384 Dear Mr. Harrison: This notice of grant closeout is based on the following conditions having been met: (1) all work included in the project description has been satisfactorily completed, (2) there are no outstanding grant special conditions, (3) all project costs reimbursed by FAA under this grant have been determined to be reasonable, eligible and allowable, and (4) the sponsor has complied with all terms and conditions of the grant agreement. Final payment has been made and all administrative requirements are satisfied. A final cost review of the grant has been completed and the final costs were determined to be reasonable and justified. There are no differences in the amount of funds requested by the sponsor and the amounts paid out. If an audit reveals any issues, this grant will be re -opened until the outstanding issues have been resolved. Please be advised that in accordance with 2 CFR 200.333, you are required to retain all supporting project documentation for a minimum period of three years from the date of the final request for reimbursement. Because most grant obligations extend beyond three years, we strongly encourage you to retain grant documentation for the life of the grant obligations, Sincerely, MANDI M Digitally signed by MANDi M PIKE LESAUI5 PIKE LESAUIS Date:2021.04.14 06:2233 -07'00' Mandi Lesauis Program Specialist Seattle ADO CITY CONTRACT NO' RESOLUTION NORaifo U.S. Department of Transportation Federal Aviation Administration November 18, 2021 Northwest Mountain Region Seattle Airports District Office Colorado • Idaho Montana • Oregon • Utah 2200 S. 216th St. Washington • Wyoming Des Moines, WA 98198 Mr. Bob Harrison City Manager City of Yakima 2406 W. Washington Ave., Ste. B Yakima, WA 98903 Grant Closeout Letter AIP: 3-53-0089-041-2018 Contract Number: DOT-FA18NM-0020 Airport: Yakima Air Terminal — McAllister Field Location: Yakima, Washington Sponsor: City of Yakima, Washington Grant Closeout Date: November 18, 2021 Grant Review Case Number: DOT-FA22NM-0006 Final grant amount: $399,920 Dear Mr. Harrison: This notice of grant closeout is based on the following conditions having been met: (1) all work included in the project description has been satisfactorily completed, (2) there are no outstanding grant special conditions, (3) all project costs reimbursed by FAA under this grant have been determined to be reasonable, eligible and allowable, and (4) the sponsor has complied with all terms and conditions of the grant agreement. Final payment has been made and all administrative requirements are satisfied. A final cost review of the grant has been completed and the final costs were determined to be reasonable and justified. There are no differences in the amount of funds requested by the sponsor and the amounts paid out. If an audit reveals any issues, this grant will be re -opened until the outstanding issues have been resolved. Please be advised that in accordance with 2 CFR 200.333, you are required to retain all supporting project documentation for a minimum period of three years from the date of the final request for reimbursement. Because most grant obligations extend beyond three years, we strongly encourage you to retain grant documentation for the life of the grant obligations. Sincerely, MANLY M PIKE LESAUIS Dpta.,11,yzrZo,AnDoltp: LESAUIS Mandi Lesauis Program Specialist Seattle ADO CITY CONTRACT NO: _ RESOLUTION NO12-an ICS-44i