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HomeMy WebLinkAboutR-2000-109 Grant Application for Runway Safety Area Improvement & Installation of Visual Navigational Aids 3-53-0089-21CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION NO. R- — 2000-109 NO. 523-2000 A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY''ratifying two Applications for Federal Assistance and the Standard DOT Title VI Assurances attached to the Applications, and, authorizing the execution and acceptance of a Grant Agreement for Federal Assistance and Certificate of Sponsor's Attorney between the Federal Aviation Administration and the City of Yakima and Yakima County. WHEREAS, the City of Yakima ("City") and Yakima County ("County"). are co-owners of the Yakima Air Terminal; and WHEREAS, the Yakima Air Terminal Board has submitted to the Federal Aviation Administration ("FAA") two separate Applications for Federal Assistance, both dated June 16, 2000 for a grant of federal funds for a projects at the Yakima Air Terminal, which Applications and Standard DOT Title VI Assurances, as approved by the FAA under project number 3-53-0089-21 (the "Project"), are hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved two projects to be funded under this grant: (1) Improve Runway 9/27 safety area, including acquiring land, Parcel 78 (Hatchery Property) and obstruction removal of six buildings (Phase I); and (2) Install Precision Approach Path`Iridicators (PAPI), runways 4, 22, and 27, and install Runway End Identifier Lights (REIL), runways 4 and 22. WHEREAS, the United States of America, acting through the FAA has offered to City and County a grant to pay, as the United States share of the allowable costs incurred in accomplishing the Projects, ninety. (90%) percentum of all allowable project costs for the projects, and WHEREAS, The FAA has requested as a condition precedent to funding by the United States of the allowable costs incurred in the Projects, that: the City and Countyratify both Applications for Federal Assistance and the Standard DOT Title VI Assurances, dated June 16, 2000, executed on their behalf by Bob Clem, Airport Manager and that they jointly and severally ratify and adopt the representations and assurances contained in the Applications, and, that the word "Sponsor" as used in' the project applications and other assurances is deemed to include the City of Yakima, Washington and the County of Yakima, Washington; and ., the City and County authorize the City Manager and City Attorney for the City of Yakima and the Chair of the Board of County Commissioners and Prosecuting Attorney for. Yakima County to accept and execute the Grant Offer and Certificate of Sponsor's Attorney. NOW, THEREFORE, Resolution - AIP-3-53-0089-21, August, 2000 Safety Area Project (Hatchery) and Visual Navaid Installation BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Applications for Federal Assistance and Standard DOT Title VI Assurances, both dated June 16, 2000, executed by Bob Clem, Airport Manager, are hereby ratified and adopted. A true copy of such Applications and Standard DOT Title VI Assurances are attached hereto and incorporated herein, and, The City Manager and City Attorney of the City of Yakima are hereby authorized to accept the Grant Offer and to execute other such documents as may be required. ADOPTED BY THE CITY COUNCIL this 5th day of Sept_ , 2000. AT EST: Acting City Clerk ,02/7 Place, Mayor Resolution - AIP-3-53-0089-21, August, 2000 Safety Area Project (Hatchery) and Visual Navaid Installation BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS: The Applications for Federal Assistance and Standard DOT Title VI Assurances, both dated June 16. 2000, executed by Bob Clem, Airport Manager, are hereby ratified and adopted. A true copy of such Applications and Standard DOT Title VI Assurances are attached hereto and incorporated herein. and. The Chair and Prosecuting Attorney of the County of Yakima are hereby authonzed to accept the Grant Offer and to execute other such documents as may be required. Dated this day of , 2000 Jesse Palacios. Chair James M. Lewis. Commissioner Bettie Ingham, Commissioner Constitutes the Board of County Commissioners for Yakima County, Washington ATTEST SYLVIA E HINOJOSA Clerk of the Board Resolution - MP -3-53-0089-21, August, 2000 Safety Area Project (Hatchery) and Visual Navaid Installation Section 2 FAA Grant Amendment Resolution - AIP-21, Amendment 1 (JGK) Safety Area Improvements & Navaid Project DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Page 1 of 3 pages Contract Number: DOT-FAOONM-0061 Yakima Air Terminal Yakima, Washington AMENDMENT NUMBER 1TO GRANT AGREEMENT FOR PROJECT NUMBER 3-53-0089-21 WHEREAS, the Federal Aviation Administration (hereinafter referred to as the "FAA") has determined it to be in the interest of the United States that the Grant Agreement between the FAA, acting for and on behalf of the United States and the City of Yakima, Washington and the County of Yakima, Washington (hereinafter referred to as the "Sponsor"), accepted by said sponsor on the 12th day of September, 2000, to be amended as hereinafter provided. NOW, THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the FAA on behalf of the United States, on one part, and the Sponsor, on the other part, do hereby mutually agree as follows: The following Special Condition number 14. shall be added: The Sponsor agrees to request cash draw downs on the letter of credit only when actually needed for its disbursements and timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. This Amendment shall expire unless it has been accepted by the Sponsor on or before November 20, 2000. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed. By UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION i- le),4,e, Title. . Manager, Seattle Airports District Office Date .. October 17, 2000 FAA Form 5100-38 PG 1 (10-89) Attest: Title: C- lc-y-rc Page 2 of 3 pages Project Number: 3-53-0089-21 Yakima Air Terminal Yakima, Washington City of Yakima, Washington By Title"` j Date 1A 0 City Contract No. 2000-71 CERTIFICATE OF SPONSOR'S ATTORNEY iA o J z. Pae/e/t. certify: , acting as Attorney for the Sponsor do hereby That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the execution thereof by said Sponsor has been duly authorized and is in all respects due and proper and in accordance with the laws of the State of Washington, and further, that in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at ./'1./..�. ., this 9 FAA Form 5100-38 PG 2 (10-89) Attest: Title: Cl Page 3 of 3 pages Project Number: 3-53-0089-21 Yakima Air Terminal Yakima, Washington County of Yakima, Washington By. Title hai rma n, Board off' Cou n 1-Y Corinry is neYS Date November 7, awl) CERTIFICATE OF SPONSOR'S ATTORNEY I, A/ Sch weppe certify: , acting as Attorney for the Sponsor do hereby That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the execution thereof by said Sponsor has been duly authorized and is in all respects due and proper and in accordance with the laws of the State of Washington, and further, that in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at ` ' , this [ day of ND Uem h'er , 2000. By-- ......... hweppe Title Al Lejcrl Course/ FAA Form 5100-38 PG 3 (10-89) YA K I M A ;}.": I, i T E R M I N ": L cALLOSTER FEL 2400 West Washington Ave. Yakima, Washington 98903 October 24, 2000 Yakima County Commissioners Yakima County Courthouse, Room 416 Yakima, Washington 98901 Dear Yakima County Commissioners. • (509) 575-6149 • (509) 575-6185 Fax ,eridc( on ith/ago The Federal Aviation Administration previously offered a Grant in the amount of $190,000 to update the Airport Layout Plan (ALP) The Grant Agreement was accepted by the City of Yakima and Yakima County on September 12, 2000 The Yakima Air Terminal Board now requests the County Commissioners adopt the attached resolution authorizing the Commission Chair and Prosecuting Attorney to sign the attached Amendment Number 1 to Grant Agreement for Project number 3-53-0089-20 This amendment allows to airport to use a `letter of credit' method of requesting disbursements from the FAA which is much more expedient that the `paper' reimbursement request method. We respectfully request this action be taken at your October 31, 2000 Commission meeting. The Yakima City Council has been requested to consider this resolution at their November 7th Council meeting. Thank you for your consideration in this matter Since Bob Clem Airport Manager enclosures Joint Resolution Grant Amendment Resolution - AIP-20, Amendment 1 (JGK) Airport Layout Plan Update CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION NO R-2000-137 NO 637-2000 A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY authonzmg the acceptance and execution of Amendment Number 1 to Grant Agreement for project number 3-53-0089-21 between the Federal Aviation Administration (hereinafter referred to the "FAA"), and the City of Yakima and Yakima County, (hereinafter referred to as the "Sponsor") WHEREAS, the City of Yakima and Yakima County are co-owners of the Yakima Air Teimmai, and WHEREAS, the FAA has approved two projects consisting of: (1) Runway 27 Safety Area Improvements, and, (2), Installation of Visual Navaids, and WHEREAS, the Umted States of America, acting through the FAA offered to the City and County a grant to pay, as the Umted States share of the allowable costs incurred m accomplishing the Project, ninety (90%) percentum of all allowable project costs for the project, and WHEREAS, The City of Yakima and Yakima County accepted the Grant Offer on the 12th day of September, 2000, and WHEREAS, the FAA has determined it to be in the interest of the United States that the Grant Agreement between the FAA, acting for and on behalf of the United States, and the City of Yakima, Washington and the County of Yakima, Washington, accepted by said Sponsor on the 12th day of September, 2000, to be amended as hereinafter provided. NOW, THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the FAA on behalf of the United States on one part, and the Sponsor on the other part, do hereby mutually agree as follows The following Special Condition Number 14 shall be added. The Sponsor agrees to request cash draw downs on the letter of credit only when actually needed for its disbursements and timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked WHEREAS, The FAA has requested as a condition precedent to the execution of the Grant Amendment that the City and County authorize the City Manager and City Attorney for the City of Yakima and the Chair of the Board of County Commissioners and Prosecuting Attorney for Yakima County to accept and execute Grant Amendment 1 to Grant Agreement Number 3-53-0089-21 NOW, THEREFORE, Resolution - AIP-21. Amendment 1 (JGK) Safety Area L-nprovements 3c Navaid Project BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Amendment Number 1 to Grant Agreement for Project Number 3-53-0089-21 is hereby adopted A true copy of such Amendment is attached hereto and incorporated herein, and, The City Manager and City Attorney of the City of Yakima are hereby authorized to accept Grant Amendment Number 1 to Grant Agreement for Project Number 3-53-0089-21 and to execute such documents as may be required. ADOPTED BY THE CITY COUNCIL this 7 day of ATTEST Karen S Roberts, City Clerk , 2000 Place, Mayor Resolution - AIP-21, Amendment 1 (JGK) Safety Area Improvements & Navaid Project BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS: Amendment Number 1 to Grant Agreement for Project Number 3-53-0089-21 is hereby adopted. A true copy of such Amendment is attached hereto and incorporated herein, and, The Chair and Prosecuting Attorney of the County of Yakima are hereby authorized to accept Grant Amendment Number 1 to Grant Agreement for Project Number 3-53-0089-21 and to execute such documents as may be required. Dated this 7 day of NOV !/ • , 2000 •.....•..� ,��`• A' 7c)SY1 PA E HINOJOSA ��teuuN+u' • C! of the Board C .4-A L, dec-f,t,a4 nesse alacios, Chair J Bettie Ingham, Commission; r Constitutes the Board of County Commissioners for Yakima County, Washington Resolution - AIP-2 1, Amendment 1 (JGK) Safety Area Improvements & Navaid Project Section 2 FAA Grant Agreement Resolution - AIP-3-53-0089-21. August, 2000 Safety Area Project (Hatchery) and Visual Navaid Installation Page 1 of 5 pages U.S. Department of Transportation Federal Aviation Administration Grant Agreement Part 1- Offer Date of Offer: August 22, 2000 Yakima Air Terminal Yakima, Washington Project Number: 3-53-0089-21 Contract Number: DOT-FAOONM-0061 To: The City of Yakima, Washington and the County of Yakima, Washington (herein called the "Sponsor") From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 16, 2000, for a grant of Federal funds for a project at or associated with the Yakima Air Terminal which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Improve Runway 9/27 safety area, including acquiring land, Parcel 78 and obstruction removal of six buildings (Phase 1); Install precision approach path indicators (PAPI), runways 4, 22, and 27; Install Runway end identifier lights (REEL), runways 4 and 22; all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (10-89) Page 2 of 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, U.S.C., Subtitle VII, Part B, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety (90) percentum of all allowable Project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $792,000.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the Title 49, U.S.C., Section 47108 (b), the following amounts are being specified for this purpose: $ 0.00 for planning $792,000.00 for airport development or noise program implementation 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the provisions of Title 49, U.S.C., Subtitle VII, Part B. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 22, 2000, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary upon request, all documents and records pertaining to the determination of the amount of the FAA Form 5100-37 PG 2 (10-89) Page 3 of 5 pages 7. 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 shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions 9. It is understood and agreed that the City of Yakima, Washington and the County of Yakima, Washington authorized the execution of the Application for Federal Assistance and Standard DOT Title VI Assurances both dated June 16, 2000, on their behalf by Bob Clem, Airport Manager, and that they jointly and severally adopted and ratified the representations and assurances contained therein; and that the word "Sponsor" as used in the project application and other assurances is deemed to include the City of Yakima, Washington and the County of Yakima, Washington. 10. It is understood and agreed by the parties hereto that the maximum obligation of the United States for this grant agreement may, if requested by the Sponsor and approved by the FAA, be increased as provided in Title 49, U.S.C., Section 47108 (b) to cover increased eligible and allowable development project costs. Upon approval of the Sponsor's request for such an increase, FAA will advise the Sponsor by letter of the new grant amount. Issuance of such letter will constitute an amendment to this agreement and the maximum grant obligation of the United States will be adjusted to the amount specified. 11. Except for instrument landing systems acquired with AIP funds and later donated to and accepted by the FAA, the sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment. The sponsor must check the facility, including instrument landing systems, prior to commissioning to ensure it meets operational standards. The sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable; and mark and light the runway, as appropriate. The Federal Aviation Administration will not take over the ownership, operations, or maintenance of any sponsor - acquired equipment, except for instrument landing systems. 12. It is understood and agreed by and between the parties hereto that this Grant is made and accepted upon the basis of preliminary plans and specifications for the obstruction removal (building demolition) and navaids; and the parties hereby covenant and agree that within 90 days from the date of acceptance of this Grant Offer, the Sponsor shall furnish final plans and specifications to the FAA and that no construction work will be commenced hereunder nor will there be any advertisement for bids for accomplishment of such work until the said final plans and specifications have been approved by the FAA; and the parties do hereby further covenant and agree that any reference made in this Grant Offer or in the aforesaid project application to plans and specifications shall be considered as having reference to said final plans and specifications. 13. It is understood and agreed that adequate property interest for parcel 78 shall be as determined by the Administrator. It is further understood and agreed that should there be a change in the land interests shown on the Exhibit "A" for parcel 78 a revised Exhibit "A" shall be submitted as part of the project closeout documentation. FAA Form 5100-37 PG 3 (10-89) Page 4 of 5 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by Title 49, U.S.C., Subtitle VII, Part B, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By. J. Wade Bryant, Managef, Seattle Airports District Office Part II - Acceptance The Sponsor does hereby ratify and accept all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this S day of . City Contract No. 2000-71 Resolution No. R-2000-109 (SEAL) , 2000. City of Yakima, Washington By `tA Sponsor's Designated Official Representative Title:. 1Zic.h4z4 .Q.. Zp is•,..Tt 1, . Gjty .M4uagr Attesl:. Lam(-. U(/ ... .... Title. Acting City Clerk QCERTIFICATE OF SPONSOR'S ATTORNEY G 1 a o kPA , acting as for the S onsor do 7�1 LAttorney p hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and Title 49, U.S.C., Subtitle VII, Part B. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at110 this day of _5-97 , 2000. Signature of Sponsor's Attorney FAA Form 5100-37 PG 4 (10-89) Page 5 of 5 pages Part II - Acceptance The Sponsor does hereby ratify and accept all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this / �' Attest S vi • E. Cervantes Cler of the Board day of .. , 2000. County of Yakima, Washington By. Sponsor's Designated Official Representative Title: The Honorable Jesse S. Palacios, dilLalfAt4 Chairman of the Board of County itle• Commissioners CERTIFICATE OF SPONSOR'S ATTORNEY , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and Title 49, U.S.C., Subtitle VII, Part B. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at. .14. . W. A.. this. ... 1.: - t day of ... . 'f:4 t. 4 X2000. Sige of Sponsor's Attorney FAA Form 5100-37 PG 5 (10-89) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. *Ji For Meeting Of 9/05/00 ITEM TITLE: A resolution authorizing the City Manager to execute appropriate documents for a $792,000 grant application for improvements to Runway 27 Safety Area and installation of visual navigational aids on three runway ends SUBMITTED BY: Yakima Air Terminal Board Bob Clem, Airport Manager CONTACT PERSON/TELEPHONE: Bob Clem/575-6149 SUMMARY EXPLANATION: The Federal Aviation Administration has offered a $792,000 grant for improvements of the Runway 27 Safety Area which includes the purchase of the fish hatchery property and removal of the buildings, as well as the installation of visual navigational aids on three runway ends. These applications were previously sent separatelay to the FAA, however, they have now been combined into a single grant. The Yakima Air Terminal Board is requesting the City Council adopt the attached resolution and authorize the City Manager and City Attorney to execute the appropriate documents for the grant application. The Yakima County Commissioners are also being requested to consider an identical resolution at their September 12, 2000 Commission meeting. Resolution X Ordinance Other (Specify) FAA Grant Agreement Contract Mail to (name and address): Phone: Funding Source FAA —'J APPROVED FOR SUBMITTAL: i� ` City Manager STAFF RECOMMENDATION: Adopt Joint Resolution BOARD/COMMISSION RECOMMENDATION: Adopt Joint Resolution COUNCIL ACTION: YAKIMA AIR TERMINAL McALLISTER FIELD 2400 West Wasninaton Ave • Yakima VVasriinoton 98902 • f509J 575-6149 • (509) 575-61E5 Fa, August 29. 2000 Cm of Yakima Yakima City Council 129 North 2nd. Street Yakima, Washington 98901 Dear Council Members RECEIVED CITY OF YAK'" i, AUG 2 9 Z000 OFFICE OF CITY COUNCIL The Federal Aviation Administration has offered a Grant in the amount of $792,000 to make improvements to the Runway 27 Safety Area consisting of the purchase of the fish hatchery property and removal of the buildings ($500,000), and to install visual navigational aids on three runway ends ($292,000) The Applications for the projects were sent to the FAA separately, however, the FAA combined them into a single Grant. The Yakima Air Terminal Board requests the Council adopt the attached resolution authorizing the City Manager and Cit\ Attorney to sign the enclosed Federal Aviation Administration Grant Agreement and Certificate of Sponsors Attorney. and ratify the signature of Bob Clem, Airport Manager, on the Grant Application. As you may recall from previous such resolutions, this is a formality required by the FAA. We respectfully request this action be taken at your September 5, 2000 City Council meeting. The Yakima County Commissioners have also been requested to consider this resolution at their September 5th Commissioners meeting. Thank you for your consideration in this matter Bob Clem Airport Manager enclosures. Joint Resolution FAA Grant Agreement FAA Grant Application - Runway Safety Area Project FAA Grant Application - Visual Navaid Project Resolution - AIP-3-53-0089-2I, August, 2000 Safety Area Project (Hatchery) and Visual Navaid Installation Section 1 Joint Resolution Resolution - AIP-3-53-0089-21, August, 2000 Safety Area Project (Hatchery) and Visual Navaid Installation CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION NO R-2000-109 NO 523-2000 A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY ratifying two Applications for Federal Assistance and the Standard DOT Title VI Assurances attached to the Applications, and, authorizing the execution and acceptance of a Grant Agreement for Federal Assistance and Certificate of Sponsor's Attorney between the Federal Aviation Administration and the City of Yakima and Yakima County. WHEREAS, the City of Yakima ("City") and Yakima County ("County") are co-owners of the Yakima Air Terminal, and WHEREAS, the Yakima Air Terminal Board has submitted to the Federal Aviation Administration ("FAA") two separate Applications for Federal Assistance, both dated June 16, 2000 for a grant of federal funds for a projects at the Yakima Air Terminal, which Applications and Standard DOT Title VI Assurances, as approved by the FAA under project number 3-53-0089-21 (the "Project"), are hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved two projects to be funded under this grant: (1) Improve Runway 9/27 safety area, including acquiring land, Parcel 78 (Hatchery Property) and obstruction removal of six buildings (Phase I); and (2) Install Precision Approach Path Indicators (PAPI), runways 4, 22, and 27, and install Runway End Identifier Lights (REIL), runways 4 and 22. WHEREAS, the United States of America, acting through the FAA has offered to City and County a grant to pay, as the United States share of the allowable costs incurred in accomplishing the Projects, ninety (90%) percentum of all allowable project costs for the projects, and WHEREAS, The FAA has requested as a condition precedent to funding by the United States of the allowable costs incurred in the Projects, that: 1) the City and County ratify both Applications for Federal Assistance and the Standard DOT Title VI Assurances, dated June 16, 2000, executed on their behalf by Bob Clem, Airport Manager and that they jointly and severally ratify and adopt the representations and assurances contained in the Applications, and, that the word "Sponsor" as used in the project applications and other assurances is deemed to include the City of Yakima, Washington and the County of Yakima, Washington, and 2) the City and County authorize the City Manager and City Attorney for the City of Yakima and the Chair of the Board of County Commissioners and Prosecuting Attorney for Yakima County to accept and execute the Grant Offer and Certificate of Sponsor's Attorney NOW, THEREFORE, Resolution - AIP-3-53-0089-21, August, 2000 Safety Area Project (Hatchery) and Visual Navaid Installation BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Applications for Federal Assistance and Standard DOT Title VI Assurances, both dated June 16, 2000, executed by Bob Clem, Airport Manager, are hereby ratified and adopted. A true copy of such Applications and Standard DOT Title VI Assurances are attached hereto and incorporated herein, and, The City Manager and City Attorney of the City of Yakima are hereby authorized to accept the Grant Offer and to execute other such documents as may be required. ADOPTED BY THE CITY COUNCIL this 5th day of Sept. , 2000. /S/ Linda Watkins A 1-1"EST: Acting City Clerk /S/ Mary Place Mary Place, Mayor Certified to be a true and correct copy of the original filed in my office. 9:441--6-6 By I CLERK Resolution - AIP-3-53-0089-21, August, 2000 Safety Area Project (Hatchery) and Visual Navaid Installation BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS: The Application for Federal Assistance and Standard DOT Title VI Assurances dated June 16, 2000, executed by Bob Clem, Airport Manager, are hereby ratified and adopted. A true copy of such Application and Standard DOT Title VI Assurances are attached hereto and incorporated herein, and, The Chair and Prosecuting Attorney of the County of Yakima are hereby authorized to accept the Grant Offer and to execute other such documents as may be required. Dated this 101- day of J , 2000. %cus cd James M. Lewis, Commissioner Bettie Ing fam, Commissi Constitutes the Board of County Commissioners for Yakima County, Washin,c7ton Resolution - AIP-3-53-0089-20, August, 2000 eTnn.i i •.,....e Dien ifnAate Section 3 FAA Grant Application - Safety Area Project (Hatchery) Resolution - AIP-3-53-0089-21, August, 2000 Safety Area Project (Hatchery) and Visual Navaid Installation APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED 6/12/00 OMB Approval No. 0348-00 Applicant Identifier 1 TYPE OF SUBMISSION: Application Preapplication X Construction 0 Construction 0 Non -Construction 0 Non -Construction 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 91-1183898 5. APPLICANT INFORMATION Legal Name: Yakima Air Terminal — McAllister Field Address (give city, county, state, and zip code) Yakima Air Terminal 2400 West Washington Avenue Yakima, Washington 98903 Organizational Unit: Yakima Air Terminal Board Name and telephone number of the person to be contracted on matters involving this application (give area code) Jerry G. Kilpatrick, Airport Supervisor Office - (509) 575-6149 - FAX (509)'575-6185 E -Mail ykm@nwinfo.net EMPLOYER IDENTIFICATION NUMBER (EIN): oo- oaooaoo 8. TYPE OF APPLICATION: X New ❑ Continuation 0 Revision If Revision, enter appropriate letter(s) in box(es): A Increase Award B Decrease Award D Decrease Duration Other (specify) ]❑ C Increase Duration 7 TYPE OF APPLICANT: (enter appropriate letter in box) A. State B. County C. Municipal D. Township E. Interstate F Intermunicipal G. Special District H. Interdependent School District L State Controlled Institution of Higher Leaming J. Private University K. Indian Tribe L. Individual M. Profit Organization N. Other (Specify) FAR Part 139 Public Airport. 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER El 0 0 6 TITLE: Airport Improvement Program (AIP) 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): South Central Washington State, including the City and County of Yakima, Washington 9. NAME OF FEDERAL AGENCY Federal Aviation Administration Seattle Airports District Office 1601 Lind Ave SW, Renton, WA. 98055-4056 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Runway Safety Area Improvement / Land Acquisition (Purchase Fish Hatchery) 13 PROPOSED PROJECT Start Date 7/1/00 Ending Date 12/31/00 14 CONGRESSIONAL DISTRICTS OF a. Applicant Fourth 15. ESTIMATED FUNDING a. Federal S 500,000 .00 b. Applicant $ 55,556 .00 c. State S .00 d. Local S .00 e Other S .00 b. Project Fourth 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. YES, THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON f Program income S .00 g TOTAL $ 555,556 .00 DATE: b NO X PROGRAM IS NOT COVERED BY E. 0 12372 El OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW 17 ISTHE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑ Yes If yes, attach an explanation X No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE AWARDED c. Telephone number 509-575-6149 e. Date Signed a. Typed Name of Authorized Representative BobClem d. Sig of Authorized resentative b. Title Airport Manager Previous Editions Not Usable Authorized for Local Reproduction Standard Form 424 (REV 4 - Prescribed by OMB Circular A - DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION PREAPPLICATION FOR FEDERAL ASSISTANCE PART II OMB NO.8aROlr 1 Does this assistance request require State, local, regional or other pnority rating? TYPE OF ASSISTANCE LOAN, GRANT, ETC (b) Yes X No 2. Does this assistance request require State or local advisory, educational or health clearance? AIP Grant Yes X No 3. Does this assistance request require Clearinghouse review? Yes X No 4. Does this assistance request require State, local, regional or other planning approval? Yes X No 5. Is the proposed project covered by an approved comprehensive plan? Airport Master Plan X Yes No 6. Will the assistance requested serve a Federal installation? Yes X No 7 Will the assistance request be on Federal land or installation'? $ $500,000 Yes X No 8. Will the assistance requested have an effect on the environment? Yes X No 9 Will the assistance requested cause the displacement of individuals, families, businesses , or farms? $55,556 Yes X No 10 Is there other related assistance for this project previous, pending, or anticipated? 10. Total Yes X No $ $555,556 PART iii - PROJEc T BUDGET FEDERAL CATALOG NUMBER (a) TYPE OF ASSISTANCE LOAN, GRANT, ETC (b) FIRST BUDGET PERIOD © BALANCE OF PROJECT (d) TOTAL (e) 1 20-106 AIP Grant $500,000 $500,000 2. 3. 4 5. 6. Total Federal Contribution $ $500,000 $ $ $500,000 7 State Contribution $0.00 $0.00 8 Applicant Contribution $55,556 $55,556 9 Other Contribution 10. Total $ $555,556 $ $ $555,556 PART IV — PROGRAM NARRATIVE STATEMENT (Attach per instruction) SEA -ADO- Form Ala Page 2 The Yakima Air Terminal is a 14 CFR Part 139 Primary Non -Hub Commercial Service Airport served by two scheduled regional air carriers (Horizon Air and Sky West, dba. United Express). In order to enhance safety of air carrier and general aviation operations, Congress and the FAA has made runway safety area improvements a national priority item. The Runway Safety Area Improvement Project will purchase and demolish an abandoned State Fish Hatchery facility in order to improve the runway 9/27 safety area. The Location of the present facility penetrates the edge of the runway safety area and it does not meet the dimensional criteria set by the FAA. PART IV PROGRAM NARRATIVE PROJECT: Runway Safety Area Improvement (Purchase Fish Hatchery) AIRPORT: Yakima Air Terminal — McAllister Field, Yakima, Washington 1. Objective: Improve safety area to the airport's primary ILS runway. 2. Benefits Anticipated: First phase of projects to bring the Runway 27 safety area into compliance with FAA dimensional trite 3. Approach: (See approved Scope of Work in final Application) This project consists of purchasing an abandoned State Fish Hatchery facility, demolishing existing structures that penetrate the Part 77 surfaces, and filling and grading the site in order to provide a standard safety area to our primary ILS runway. 4. Geographic Location: Yakima, Washington 5. Justification for Force Account Work: (if applicable) The airport anticipates utilizing the City of Yakima Engineering Department to formulate the plans, specifications and contract documents for the work necessary to demolish and level the site. The airpor an agency of the City of Yakima and Yakima County, and the City has offered this service as a cost sav procedure. Current City Engineering staff has experience in this type of work from recent projects and has qualified engineers to accomplish the work in a timely manner. 6: Sponsor's Representative: (incl. Address & tel no ) Jerry G. Kilpatrick_ Airport Supervisor Yakima Air Terminal 2400 West Washington Ave Yakima, Washington 98903 Telephone 509-575-6149, FAX 509-575-6185 E-mail vkm@nvvinfo.net SEA -ADO- Form Ala Page 3 CIP/PREAPPLICATION DATA SHEET AIRPORT: Yakima Air Terminal (YKM) LOCAL PRIORITY: UPDATED: June, 2000 WORK ITEM: Runway Safety Area Improvements — Purchase Fish Hatchery JUSTIFICATION: Purchase of abandoned fish hatchery will enable the airport to meet safety area dimensional criteria (width) for the primary ILS runway, thus enhancing safety. SPONSOR SIGNATURE: (�4J C% DATE: 6/c /00 l COST ESTIMATE: ADMINISTRATION: ENGINEERING: INSPECTION: PREAPP NO: Item (Excavation, Paving, etc.) $ 5,000 1 Construction $ 128,556 4. $ $ 29,000 2: Land Acquisition $ 383,000 5. $ $ 10,000 3 $ TOTAL: $555,556 GRANT NO: ADO- Form Ala Page 4 ADO USE: NPIAS WORK CODE: CODE: FAA PRIOR: FED $ 6/95 SR REQUIRED STATEMENTS AIRPORT. Yakima Air Terminal (YKM) LOCATION Yakima, Washington AIP PROJECT NO.: 3-53-0089-22 AIRPORT IMPROVEMENT PROGRAM PROJECTS STATEMENTS APPLICABLE TO THIS PROJECT: Runway Safety Area Improvements — Purchase Fish Hatchery X a. INTEREST OF NEIGHBORING COMMUNITIES In formulating this project, consideration has been given to the interest of communities that are near the Yakima Air Terminal. X 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. X c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing the Yakima Air Terminal and they have been informed regarding the scope and nature of this project. X d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly considered and are applicable to this project (Provide comment for any statement not checked) BY Bob Clem TITLE Airport Manager DATE: 6/6" toe SPONSORING AGENCY. Yakima Air Terminal — McAllister Field NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; None b. The nature and basis of opposition; c. Sponsor's plan to accommodate or otherwise satisfy the opposition; d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; f. Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits to be gained by the proposed development; and h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. ADO- Form Ala Page 8 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Date toe/eo Sponsor's Authorized Representative Title Bob Clem, Airport Manager ADO- Form Ala Page 11 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION PART II — SECTION C OMB NO 80-R0184 The Sponsor hereby represents and certifies as follows: 1 Compatible Land Use. — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Areas around the airport are covered under the Yakima City/County Urban Area Comprehensive Plan (Airport Overlay Zoning), Yakima County Airport Safety Overlay Zone, and the City of Union Gap Airport Safety Overlay Zone. Each document addresses height restrictions and compatible land uses. 2. Defaults. — The Sponsor is not in default on any obligation to the United States or any agency of the United States Govemment relative to the development, operation, or maintenance of any airport, except as stated herewith: Not in default. 3. Possible Disabilities. — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None 4 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". Refer to Exhibit "A", Airport Property Map dated 2/84. *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a FAA AC 81-06913 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO 80-R0184 PART II — SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (a) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all if which areas are identified on the aforementioned property map designated as Exhibit "A": Ione 5. Exclusive Rights. — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None %ate character of property interest in each area and list and identify for each all exceptions, —encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b FAA AC 81-06913 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION PART 11I— BUDGET INFORMATION - CONSTRUCTION OMB NO. 80-R0184 SECTION A - GE 1 Federal Domestic Assistance Catalog No . . . . 20-106 2. Functional or Other Breakout. . .. ... . SECTION B - CALCULATION OF FEDERAL GRANT Use only for revisions Cost Classification Latest Approved Amount Adjustment + or (-) Total Amount Required 1 Administration Expense $ $ $ 5,000 2. Preliminary Expense 3. Land, structures, right-of-way 383,000 4. Architectural engineering basic fees 29.000 5. Other architectural engineering fees 6 Project inspection fees 10,000 7 Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 128,556 11 Construction and project improvement 12. Equipment 13 Miscellaneous 14 Total (Lines 1 through 13) 15 Estimated Income (if applicable) 16 Net Project Amount (Line 14 minus 15) 17 Less: Ineligible Exclusions 18. Add: Contingencies 19 Total Project Amt(Excluding Rehabilitation Grants) 555,556 20 Federal Share requested of Line 19 500,000 21 Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20 & 21) 500,000 23 Grantee share 55,55, 24. Other shares 0 25. Total project (Lines 22, 23, & 24) 555,556 AA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SECTION C - EXCLUSIONS OMB NO. 80.80184 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 FAA AC 75-023 PAGE5 26 Classification Ineligible for Participation (1) Excluded from Contingency Provision (2) a. $ $ b.. c. d. e. f. g. Totals SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages • c. Appropriations (By Applicant) 55,556 d. Bonds e. Tax Levies f Non Cash g .Other (Explain) h TOTAL — Grantee share 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 55,556 SECTION E - REMARKS • PART IV PROGRAM NARRATIVE /Attach - SPp Inctr,,-finnc1 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 FAA AC 75-023 PAGE5 ASSURANCES Appendix 1 Airport Sponsors A. General. 1. These assurances shall tie 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 the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no Tess than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following. Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended b. Davis -Bacon Act - 40 U.S.0 276(a), et seq Federal Fair Labor Standards Act - 29 U S.C. 201. et sea Airport Assurances (9/99) 1 d. Hatch Act - 5 U.S.C. 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.' 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(1).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.' Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of.1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964— Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.' r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1, s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.' t. Copeland Antikickback Act -18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.' v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et sed.2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 Airport Assurances (9/99) 2 Appendix 1 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvanmaae Business Enterprise in Airport Concessions. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' 2 m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. m. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance 1 n 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.' o. 49 CFR Part 29 — Government wide debarment and suspension (non - procurement) and govemment wide requirements for drug-free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.' Office of Management and Budget Circulars a. A-87 — Cost Principles Applicable to Grants and Contracts with State and Local Govemments. b. A-133 - Audits of States, Local Govemments, and Non -Profit Organizations 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Ferdera! accistance Any requirement levied n State ---------J -��. �. ...............vv. ....� .vy �1�v1��V.11L levied upon State and Local Govemments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's goveming body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Brant agreement. It shall designate an official representative and shaii in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. Airport Assurances (9/99) 3 Appendix 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal govemment, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement: c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local govemment other than the sponsor, it will enter into an agreement with that government. Exceptas otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. Airport Assurances (9/99) 4 Appendix 1 e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary conceming a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Govemor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgates oy the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management F p as the Secretary tar.. pavement rV b.11llil ll Illall�lelllelll plogl alllJ VGI..I GIQI� determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project Airport Assurances (9/99) 5 Appendix 1 grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Recordkeeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall' be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except -in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and,,upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in Airport Assurances(9/99) 6 Appendix 1 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 a-2ccrdance with the approved program narrative contained in the protea application or with the modifications similarly approved. b. It will fumish 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 a.. approve he Secretary to approve arty per -,ding or future application tor 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 Airport Assurances (9199) 7 Appendix 1 (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 willtake 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 fumishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (e) fumish said services on a reasonable, and not unjustly discriminatory, basis to,all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, Airport Assurances (9/99) 8 Appendix 1 Appendix 1 conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and_ facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the fumishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be ..�.,�+.,.,,a ,.,. an ----'---'--- __�. •. both _.. following construed as exclusive right if 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 anc 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 and facilities V services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport Assurances (9/99) 9 Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise -mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3,'1982, by the owner,or operator of the airport, or provisions enacted before September 3, 1982, in. goveming statutes controlling the owner oroperator'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) shallnot apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion conceming, 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 ten -ns, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and Airport Assurances (9/99) 10 Appendix 1 (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the aircz,;' developed with Federal financial assistance and all those usable for landing and taKeoff of aircraft to the United States for use by Govemment 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 Govemment 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 Govemment aircraft is 300 or more, or the gross accumulative weight of Govemment aircraft using the airport (the total movement of Govemment aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will fumish without cost to the Federal Govemment 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; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary detPrrnines 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 owne- or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property Airport Assurances (9/99) 11 Appendix 1 (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federalfinancial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during,which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the.period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion -of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (32)For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair Market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim uses of such.Iand contributes to the'financiai self-sufficiency of the airport. Further, landpurchased with a grant received by anairport operator- or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or Airport Assurances 9/99) 12 Appendix 1 related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the :;_:onsor 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 can -y 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 7/1/99 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. Disadvantaged Business Enterprises. Disadvantaged Business Enter prises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.0 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.0 3801) Airport Assurances (9/99) 13 Appendix 1 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/99 The following apply to both AIP and PFC Projects NUMBER TITLE 70/7460-1J 150/5000-13 150/5210-5B 150/5210-7B 150/5210-13A 150/5210-14A 150/5210-15 150/5210-18 150/5210-19 150/5220-4B 150/5220-10B 150/5220-13B 150/5220-16B 150/5220-17A 150/5220-18 150/5220-19 150/5220-20CHG 1 150/5220-21A " 150/5300-13'CHG 1, 2,3,4,5 150/5300-14 150/5320-5B 150/5320-6D 150/5320-12C,_ 150/5320-14 150/5320-16 150/5325-4A CHG 1 150/5340-1G 150/5340-4C CHG1&2 150/5340-5B CHG 1 150/5340-14B CHG 1 & 2 150/5340-17B 150/5340-18C CHG 1 150/5340-19 150/5340-21 150/5340-23B 150/5340-24 CHG 1 150/5340-27A 150/5345-3D 150/5345-5A Obstruction Marking and Lighting Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Fire and Rescue Communications Water Rescue Plans, Facilities, and Equipment Airport Fire and Rescue Personnel Protective Clothing Airport Rescue & Firefighting Station Building Design Systems for Interactive Training of Airport Personnel Driver's Enhanced Vision System (DEVS) fon :Y Water Supply Systems for Aircraft Fire and Rescue Protection Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles Runway Surface Condition_ Sensor Specification Guide Automated Weather Observing Systems for NonFederal Applications Design Standards for Aircraft Rescue Firefighting Training Facilities Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles Airport Snow and Ice Control Equipment Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments Airport Design Design of Aircraft Deicing Facilities Airport Drainage Airport Pavement Design and Evaluation Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces Airport Landscaping for Noise Control Purposes Airport Pavement Design for the Boeing 777 Airplane Runway Length Requirements for Airport Design Standards for Airport Markings Installation Details for Runway Centerline Touchdown Zone Lighting Systems Segmented Circle Airport Marker System Economy Approach Lighting Aids Standby Power for Non -FAA Airport Lighting Systems Standards for Airport Sign Systems Taxiway Centerline Lighting System Airport Miscellaneous Lighting Visual Aids Supplemental Wind Cones Runway and Taxiway Edge Lighting System Air -to -Ground Radio Control of Airport Lighting Systems Specification for L821 Panels for Remote Control of Airport Lighting Circuit Selector Switch 150/5345-7D CHG 1 150/5345-10E 150/5345-12C 150/5345-13A 150/5345-26B CHG1&2 150/5345-27C 150/5345-28D CHG 1 150/5345-39B CHG 1 150/5345-42C CHG 1 150/5345-43E 150/5345-44F CHG 1 150/5345-45A 150/5345-46A 150/5345-47A 150/5345-49A 150/5345-50 CHG 1 150/5345-51 CHG1 150/5345-52 150/5345-53A (incL addendum) 150/5360-9 150/5360-12A 150/5360-13 CHG 1 150/5370-2C 150/5370-10A CHG 1, 2, 3, 4, 5, 6, 7, 8, 9 150/5390-2A 150/5390-3 NUMBER 150/5100-14C 150/5200-30A CHG1&2 150/5200-33 150/5300-15 150/5370-11 CHG 1 150/5370-12 150/5370-6B NUMBER 150/5000-12 Specification for L824 Underground Electrical Cable for Airport Lighting Circuits Specification for Constant Current Regulators Regulator Monitors Specification for Airport and Heliport Beacon Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits Specification for L823 Plug and Receptacle, Cable Connectors Specification for Wind Cone Assemblies Precision Approach Path Indicator (PAPI) Systems FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers Specification for Airport Light Bases, Transformer Housings Junction and Accessories Junction Boxes ___ Specification for Obstruction Lighting Equipment Specification for Taxiway and Runway Signs Lightweight Approach Light Structure Specification for Runway and Taxiway Light Fixtures Isolation Transformers for Airport Lighting Systems Specification L854, Radio Control Equipment Specification for Portable Runway Lights Specification for Discharge -Type Flasher Equipment Genenc Visual Glideslope Indicators (GVGI) Airport Lightmg Equipment Certification Program Planning and Design of Airport Terminal Facilities at NonHub Locations Airport Signing & Graphics Planning and Design Guidance for Airport Terminal Facilities Operational Safety on Airports During Constriction Standards for Specifying Construction of Airports Heliport Design Vertiport Design The following apply 6W TUunla y1 - _ TITLE Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Airport Winter Safety and Operations Hazardous Wildlife Attractants On or Near Airports Use of Value Engineenng for Engineering Design of Airport Grant Projects Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements Quality Control of Construction for Airport Grant Projects Construction Progress and Inspection Report -Airport Grant Program The following apply to PFC Projects only TITLE Announcement of Availability - Passenger Facility Charge (PFC) Application (FAA Form 5500-1) STANDARD DOT TITLE VI ASSURANCES The Yakima Air Terminal - McAllister Field (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, beexcluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. 8. It agrees that the United 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 6/6/Od Yakima Air Terminal - McAllister Field �Gc (Sponsor) (Signature of Authordficial) 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 INSTRUMENTSATTACHMENT 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. 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 employeeof 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 Sponsor's Authorized Representative Title Bob Clem, Airport Manager Date 6 /6/'(1p CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: !hl Vet,' an o:==goir=g drug- ee awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted - (1) Taking (1� aappropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Yakima Air Terminal 2400 West Washington Avenue Yakima, Washington 98903 Check ❑ if there are workplaces on file that are not identified here. Signature of certifying official Airport Manager Title G//6/0 Date Section 4 FAA Grant Application - Visual Navaid Project Resolution - AIP-3-53-0089-21, August, 2000 Safety Area Project (Hatchery) and Visual Navaid Installation APPLICATION FOR FEDERAL ASSISTANCE 1 TYPE OF SUBMISSION: Application X Construction 2. DATE SUBMITTED 6/15/00 OMB Approval No. 0348-00 Applicant Identifier Preapplrcation 0 Construction 0 Non -Construction 0 Non -Construction 3. DATE RECEIVED BY STATE 4. DATE RECEIVED BY FEDERAL AGENCY State Application Identifier Federal identifier 91-1183898 5. APPLICANT INFORMATION Legal Name: Yakima Air Terminal — McAllister Field Address (give city, county, state, and zip code) Yakima Air Terminal 2400 West Washington Avenue Yakima, Washington 98903 Organizational Unit: Yakima Air Terminal Board EMPLOYER IDENTIFICATION NUMBER (EIN): oo-a000000 8. TYPE OF APPLICATION: X New 0 Continuation 0 Revision If Revision, enter appropriate letter(s) in box(es): ❑ ❑ A Increase Award B Decrease Award C Increase Duration D Decrease Duration Other (specify) Name and telephone number of the person to be contracted on matters involving this application (give area code) Jerry G. Kilpatrick, Airport Supervisor Office - (509) 575-6149 — FAX (509) 575-6185 E -Mail ykm@nwinfo.net 7. TYPE OF APPUCANT. (enter appropriate letter in box) A. State B. County C. Municipal D. Township E. Interstate F. Intermunicipal G. Special District H. Interdependent School District I. State Controlled Institution of Higher Leaming J. Private University K. Indian Tribe L. Individual M. Profit Organization N. Other(Specify) FAR Part 139 Public Airport. 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER TITLE: Airport Improvement Program (AIPI 0 0 6 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): South Central Washington State, including the City and County of Yakima, Washington 9. NAME OF FEDERAL AGENCY Federal Aviation Administration Seattle Airports District Office .1601 Lind Ave SW, Renton, WA. 98055-4056 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Install Visual Navaids (PAPI/RELL) 13 PROPOSED PROJECT 14 CONGRESSIONAL DISTRICTS OF Start Date 7/1/00 Ending Date 12/31/00 a. Applicant Fourth b. Project Fourth 15 ESTIMATED FUNDING a Federal $ 420,000 .00 b. Applicant $ 43,440 00 c State $ .00 d Local $ .00 e. Other f Program income $ .00 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. YES, THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON b. NO DATE: X PROGRAM IS NOT COVERED BY E. O. 12372 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW $ .00 g. TOTAL $ 493,440 .00 17 ISTHE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑ Yes If yes, attach an explanation X No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE I AWARDED a. Typed Name of Authorized Representative BobClem d. Signatulp4rTjufhorized Rear entative Previous Editions Not Usable b. Title Airport Manager Authorized for Local Reproduction c. Telephone number 509-575-6149 e. Date Signed Standard Form 424 (REV 4-8 Prescribed by OMB Circular A-1 DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION PREAPPLICATION FOR FEDERAL ASSISTANCE PART II OMB NO. 80-R0187 DRO vICr`T B PART III - BUDGET vw 1 uV✓VL 1 FEDERAL CATALOG NUMBER (a) TYPE OF ASSISTANCE LOAN, GRANT, ETC (b) FIRST BUDGET PERIOD © 1 Does this assistance request require State, local, regional or other priority rating? TOTAL (e) 1 20-106 Yes X No 2. Does this assistance request require State or local advisory, educational or health clearance? $420,000 2. Yes X No 3. Does this assistance request require Clearinghouse review, 3 Yes X No 4. Does this assistance request require State, local, regional or other planning approval? 4. Yes X No 5 Is the proposed project covered by an approved comprehensive plan? Airport Master Plan X Yes No 6. Will the assistance requested serve a Federal installation? 6. Total Federal Contribution Yes X No 7 Will the assistance request be on Federal land or installation? 7. State Contribution $0.00 Yes X No 8. Will the assistance requested have an effect on the environment? $73,440 Yes X No 9 Will the assistance requested cause the displacement of individuals, families, businesses , or farrns? Yes X No 10. Is there other related assistance for this project previous, pending, or anticipated? $ $493,440` Yes X No DRO vICr`T B PART III - BUDGET vw 1 uV✓VL 1 FEDERAL CATALOG NUMBER (a) TYPE OF ASSISTANCE LOAN, GRANT, ETC (b) FIRST BUDGET PERIOD © BALANCE OF PROJECT (d) TOTAL (e) 1 20-106 AIP Grant 0420,000 $420,000 2. 3 4. 5. 6. Total Federal Contribution $ $420,000 $ $ $420,000 7. State Contribution $0.00 $0.00 8 Applicant Contribution $73,440 $73,440 9 Other Contribution 10. Total $ $493,440 $ $ $493,440` PART IV - PROGRAM NARRATIVE STATEMENT (Attach per instruction) SEA -ADO- Form Ala Page 1 The Yakima Air Terminal is a 14 CFR Part 139 Primary Non -Hub Commercial Service Airport served by two scheduled regional air carriers (Horizon Air and Sky West, dba. United Express). In order to enhance safety of air carrier and general aviation operations, Congress and the FAA has made visual navigational aids a priority item. The PAPI/REIL Project will install visual vertical guidance nav-aids (Precision Approach Path Indicators) to three runways, 04,22 and 27, and, add Runway End Identifier Lights to runways 4 and 22. This will enhance aviation safety by giving pilots a visual vertical reference for their approach and also assist pilots in identifying the runway ends while on approach. I PROJECT: Install Visual Navaids PART IV PROGRAM NARRATIVE AIRPORT: Yakima Air Terminal, Yakuna, Washington 1. Objective: Provide visual navaids to three runways to assist pilots in locating the threshold and to provide visual vertical guidance on approach. 2. Benefits Anticipated: Providing visual vertical guidance to pilots on approach will enhance safety. 3. Approach: (See approved Scope of Work in final Application) The airport has selected a consultant for the design and inspection of the project. Scope of Work h approved by the FAA and the airport is currently in negotiations with the A&E firm. We expect to ha the work completed by 12/31/00. 4. Geographic Location: Yakima Air Terminal — McAllister Field, Yakima, Washington 5. Justification for Force Account Work: (if applicable) The airport does not anticipate any force account work on this project. 6: Sponsor's Representative: (incl. address & tel. no ) Jerry G. Kilpatrick_ Airport Supervisor Yakima Air Terminal 2400 West Washington Avenue Yakima, Washington 98903 Telephone 509-575-6149, FAX 509-575-6185 E -Mail ykm@nwinfo.net SEA -ADO- Form Ala Page 3 CIP/PREAPPLICATION DATA SHEET AIRPORT: Yakima Air Terminal (YKM) LOCAL PRIORITY: UPDATED: June, 2000 WORK ITEM: Install Visual Navaids — PAPI/REIL JUSTIFICATION: Install visual navaids on runway 27, 22 and 04 to enhance safety by providing pilots with visual vertical guidance while on approach. SPONSOR SIGNATURE. 6:?Cro.fee."-%...- DATE: 6/6/0o COST ESTIMATE: ADMINISTRATION: ENGINEERING: INSPECTION: Item (Excavation, Paving, etc ) $ 5,000 1 Construction $ 409,062 4. $ $ 43,512 2- $ 5• $ $ 38,866 3: $ TOTAL: $493,440 PREAPP GRANT NO: NO: ADO- Form Ala Page 4 ADO USE: NPIAS WORK CODE: CODE: FAA PRIOR: FED $ 6/9S SR flT TM\L S T tt1 z1V11N 1 J AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT. Yakima Air Terminal (YKM) LOCATION Yakima, Washington AIP PROJECT NO.: 3-53-0089-20 STATEMENTS APPLICABLE TO THIS PROJECT: Install Visual Navaids — PAPUREIL X a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near the Yakima Air Terminal. X 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 histoncal site under Federal, State, or Local junsdiction. X c. FBO COORDINATION The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing the Yakima Air Terminal and they have been informed regarding the scope and nature of this project. X 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 statemenot checked) BY TITLE Airport Manager DATE: ‘,,/6/O d SPONSORING AGENCY. Yakima Air Terminal — McAllister Field NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; None b. The nature and basis of opposition; c. Sponsor's plan to accommodate or otherwise satisfy the opposition; d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; f. Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits to be gained by the proposed development; and h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. ADO- Form Ala Page 8 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 orwill be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an, officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction -was made or entered into. Submission of this certification -is a prerequisite for making or entering into this transaction imposed by section 1352, title 31; U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Date Sponsor's Authorized Representative Title Bob Clem, Airport Manager U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO 80-R0184 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 lard adjacent to or in the vicinity of the airport: Areas around the airport are covered under the Yakima City/County Urban Area Comprehensive Plan (Airport Overlay Zoning), Yakima County Airport Safety Overlay Zone, and the City of Union Gap Airport Safety Overlay Zone. Each document addresses height restrictions and compatible land uses. 2. Defaults. — The Sponsor is not in default on any obligation to the United States or any agency of the United States Govemment relative to the development, operation, or maintenance of any airport, except as stated herewith: Not in default. 3. Possible Disabilities. — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None 4 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"• Refer to Exhibit "A", Airport Property Map dated 2/84. *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4.76) Page 3a FAA AC 81-06913 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO 80-R0184 PART II — SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (a)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None - (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or inconnection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": .none 5. Exclusive Rights. – There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None ;tate character of property interest in each area and list and identify for each all exceptions, —encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b FAA AC 81-06913 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 the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful iife of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following• Federal Legislation a Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201 et seq. Airport Assurances (9/99) 1 Appendix 1 d. Hatch Act - 5 U.S.C. 1501, et seci.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)) ni. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. CMI Rights Act of 1964 - Title Nil- 42 U.S.C. 2000d through d-4. o. Age Discrirnination Act of 1975.r 42 U.S.C. 6101, et seq. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.' r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.' t. Copeland Antikickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.' v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.2 x: Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive' Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements tostate and local governments.3 Airport Assurances (9/99) 2 Appendix 1 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' 2 m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. m. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.1 n 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.' o 49 CFR Part 29 — Government wide debarment and suspension (non - procurement) and govemment wide requirements for drug-free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.' Office of Management and Budget Circulars a. A-87 — Cost Principles Applicable to Grants and Contracts with State and Local Govemments. b. A-133 - Audits of States, Local Govemments, and Non -Profit Organizations ' These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Ferieral ascictane.P Any requirement levied upon State and Local Govemments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such -additionaf-information as may be required. Airport Assurances (9/99) 3 Appendix 1 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. 1t has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal govemment, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local govemment or are on property owned by a unit of local govemment other than the sponsor, it will enter into an agreement with that govemment. Except as otherwise specified by the Secretary, that agreement shall obligate that govemment to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. Airport Assurances (9/99) 4 Appendix 1 e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning Nrvjc1..i. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Govemor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. it will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal aevelopment at a public use airport, as defined in Title 49, it has, on the date of submittal of the project Airport Assurances (9/99) 5 Appendix 1 grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Recordkeeping Requirements. a. It shall keep all project accounts and•records which fully disclose the, amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall bekept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to thedisposition of the proceeds of a grant or relating to the project in connection with which the,grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions -establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and suchminimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in Airport Assurances(9/99) 6 Appendix 1 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 fumish 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 sponsors employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. in furtherance of this assurance, the sponsor will have in effect arrannamPntc fnr- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and Airport Assurances (9/99) 7 Appendix 1 (3) Promptly notifying airmen of any 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 fumishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (e) fumish 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 toall other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, Airport Assurances (9/99) 8 Appendix 1 conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance. the services involved will be provided on the same conditions as would apply to the fumishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right 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 Stnicture. It will maintain a fee rental ntaI and $ut.tutG for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circ..mstances existing at the particular airport, taking into account such factors as the voiLme of traffic and economy of collection. No part of the Federal share of an airport deveiopment, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport Assurances (9/99) 9 Appendix 1 Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or,operator of the airport, or provisions enacted. before September. 3, 1982, in goveming statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and Airport Assurances (9/99) 10 Appendix 1 (ii) all services and property provided by the airport to other units of govemment 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 Govemment aircraft in common with other aircraft at all times without charge, except, if the use by Govemment 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 Govemment 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 Govemment aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Govemment 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 tc 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 hounriariec of alt offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property Airport Assurances (9/99) 11 Appendix 1 (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is: used fora purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (32)For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or Airport Assurances 9/99) 12 Appendix 1 related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 7/1/99 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S C. 3801) Airport Assurances (9/99) 13 Appendix 1. CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1 /99 The following apply to both AIP and PFC Projects TITLE Obstruction Marking and Lighting Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Fire and Rescue Communications Water Rescue Plans, Facilities, and Equipment Airport Fire and Rescue Personnel Protective Clothing Airport Rescue & Firefighting Station Building Design Systems for Interactive Training of Airport Personnel Driver's Enhanced Vision System,(DEVS) Water Supply Systems for Aircraft Fire and Rescue Protection Guide Specification for Water/Foam Type. Aircraft Rescue and Firefighting Vehicles Runway Surface Condition Sensor Specification Guide. Automated Weather Observing Systems for NonFederal Applications Design Standards for Aircraft Rescue Firefighting Training Facilities Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Guide Specification for'Small, Dual-Agent Aircraft Rescue and Firefighting Vehicles Airport Snow and Ice Control Equipment Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments Airport Design NUMBER 70/7460-1J 150/5000-13 150/5210-5B 150/5210-7B 150/5210-13A 150/5210-14A 150/5210-15 150/5210-18 150/5210-19 150/5220-4B 150/5220-10B 150/5220-13B 150/5220-16B 150/5220-17A 150/5220-18 150/5220-19 150/5220-20CHG 1 150/5220-21A 150/5300-13 CHG 1, 2,3,4,5 150/5300-14 150/5320-5B 150/5320-6D 150/5320-12C 150/5320-14 150/5320-16 150/5325-4A CHG 1 150/5340-1G 150/5340-4C CHG 1 & 2 150/5340-5B CHG 1 150/5340-14B CHG 1 & 2 150/5340-17B 150/5340-18C CHG 1 150/5340-19 150/5340-21 150/5340-23B 150/5340-24 CHG 1 150/5340-27A 150/5345-3D 150/5345-5A Design of Aircraft Deicing Facilities Airport Drainage Airport Pavement Design and Evaluation Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces Airport Landscaping for Noise Control Purposes Airport Pavement Design for the Boeing 777 Airplane Runway Length Requirements for Airport Design Standards for Airport Markings Installation Details for Runway Centerlme Touchdown Zone Lighting Systems Segmented Circle Airport Marker System Economy Approach Lighting Aids Standby Power for Non -FAA Airport Lighting Systems Standards for Airport Sign Systems Taxiway Centerline Lighting System Airport Miscellaneous Lighting Visual Aids Supplemental Wind Cones Runway and Taxiway Edge Lighting System Air -to -Ground Radio Control of Airport Lighting Systems Specification for L821 Panels for Remote Control of Airport Lighting Circuit Selector Switch 150/5345-7D CHG1 150/5345-10E 150/5345-12C 150/5345-13A 150/5345-26B CHG1&2 150/5345-27C 150/5345-28D CHG 1 150/5345-39B CHG 1 150/5345-42C CHG 1 150/5345-43E 150/5345-44F CHG 1 150/5345-45A 150/5345-46A 150/5345-47A 150/5345-49A 150/5345-50 CHG 1 150/5345-51 CHG 1 150/5345-52 150/5345-53A (incl. addendum) 150/5360-9 150/5360-12A 150/5360-13 CHG 1 150/5370-2C 150/5370-10A CHG 1, 2, 3, 4, 5, 6, 7, 8, 9 150/5390-2A 150/5390-3 NUMBER 150/5100-14C 150/5200-30A CHG1&2 150/5200-33 150/5300-15 150/5370-11 CHG 1 150/5370-12 150/5370-6B NUMBER 150/5000-12 Specification for L824 Underground Electrical Cable for Airport Lighting Circuits Specification for Constant Current Regulators Regulator Monitors Specification for Airport and Heliport Beacon Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits Specification for L823 Plug and Receptacle, Cable Connectors Specification for Wind Cone Assemblies Precision Approach Path Indicator (PAPI) Systems FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories Specification for Obstruction Lighting Equipment Specification for Taxiway and Runway Signs Lightweight Approach Light Structure Specification for Runway and Taxiway Light Fixtures Isolation Transformers for Airport Lighting Systems Specification L854, Radio Control Equipment Specification for Portable Runway Lights Specification for Discharge -Type Flasher Equipment Generic Visual Glideslope Indicators (GVGI) Airport Lighting Equipment Certification Program Planning and Design of Airport Terminal Facilities at NonHub Locations Airport Signmg & Graphics Planning and Design Guidance for Airport Terminal Facilities Operational Safety on Airports During Construction Standards for Specifying Construction of Airports Heliport Design Vertiport Design ,rI,.. 4'..I1„«,:�.- apply a_ era' r. The following appiv w tiitr Projects oniy TITLE Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Airport Winter Safety and Operations Hazardous Wildlife Attractants On or Near Airports Use of Value Engineering for Engineering Design of Airport Grant Projects Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements Quality Control of Construction for Airport Grant Projects Constriction Progress and Inspection Report -Airport Grant Program The following apply to PFC Projects only TITLE Announcement of Availability - Passenger Facility Charge (PFC) Application (FAA Form 5500-1) STANDARD DOT TITLE VI ASSURANCES The Yakima Air Terminal - McAllister Field (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real -property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. 8. It agrees that the United 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 of 6/D Yakima Air Terminal - McAllister Field (Sponsor) (Signature of Authorized Official) 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 Reeulations. 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 INSTRUMENTSATTACHMENT 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 to r-i--ic�r--rimingt--n-- n, (3) that the (grantee, ilcen_s_e_ e, permiUec, etc.) shaii 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. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. (b) Establishing an ongoing drug-free awareness program to inform employees about - (1) The dangers of drug abuse m the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); • (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ADO- Form Ala Page 9 (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant. Place of Performance (Street address, city, county, state, zip code) Yakima Air Terminal, McAllister Field 2400 West Washington Avenue Yakima, Washington 98903 Check ❑ if there are workplaces on file that are not identified here. rn,, Signature of certifying official Title Bob Clem, Airport Manager 6 //6 A 0 Date ADO- Form Ala Page 10