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HomeMy WebLinkAboutR-1993-067 Capital Improvements / GrantCITY OF YAKIMA RESOLUTION R-93-67 YAKIMA COUNTY RESOLUTION 299-1993 A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY authorizing, ratifying, and adopting a Project Application, Standard DOT Title VI Assurances, and Grant Agreement for federal assistance between the Federal Aviation Administration and the Yakima Air Terminal Board for project number 3- 53-0089-13. WHEREAS, the Yakima Air Terminal Board has submitted to the FAA a Project Application dated June 16, 1993, for a grant of Federal funds for a project at the Yakima Air Terminal which Project Application and Standard DOT Title VI Assurances, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved the Project for the Airport consisting of the following: 1) Taxiway Guidance and Runway Distance To Go Sign Improvements. 2) Purchase High Speed Runway Vacuum Sweeper. 3) Purchase Passenger Access Lift for Mobility Impaired Passengers, and WHEREAS, the United States of America, acting through the Federal Aviation Administration has offered to the Airport a grant to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety (90) percentum of all allowable project costs on items 1 and 2, and eighty five (85) percentum of all allowable project costs on item 3, and WHEREAS, The Federal Aviation Administration has requested that as a condition precedent to payment by the United States of the allowable costs incurred in accomplishing the Project, that the County of Yakima and the City of Yakima authorize and ratify the execution of the Application for Federal Assistance and the Standard DOT Title VI Assurances both dated June 16, 1993, on their behalf by Bruce W. Loy, Airport Manager, and that they jointly and severally adopt and ratify the representations and assurances contained therein, and, that the County of Yakima and the City of Yakima authorize, ratify, and adopt the acceptance of the said Grant Offer by William F. Almon, Chairman of the Yakima Air Terminal Board, and that they jointly and severally adopt and ratify the representations and assurances contained therein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The execution by Bruce W. Loy, Airport Manager, of the Project Application and Standard DOT Title VI Assurances dated June 16, 1993, and the execution by William F. Almon, Chairman, Yakima Air Terminal Board, of the Grant Agreement for project No. 3-53-0089-13, dated June 24, 1993 is hereby authorized and ratified. Said Project Application, Standard DOT Title VI Assurances, and Grant Offer for project No. 3-53-0089-13 are hereby referred to and by reference made a part of this Resolution as fully and completely as if the same were fully set forth herein and are mutually cooperative therewith. L ADOPTED BY THE CITY COUNCIL this )- day of `��r� , 1993. ATTEST: (.1_),62,t City Clerk Mayor, City of Yakima BE IT HEREBY RESOLVED by the Board of Yakima County Commissioners that the execution by Bruce W. Loy, Airport Manager, of the Project Application and Standard DOT Title VI Assurances dated June 16, 1993, and the execution by William F. Almon, Chairman, Yakima Air Terminal Board, of the Grant Agreement for project No. 3-53- 0089-13, dated June 24, 1993, is hereby authorized and ratified. Said Project Application, Standard DOT Title VI Assurances, and Grant Offer for project No. 3-53- 0089-13 are hereby referred to and by reference made a part of this Resolution as fully and completely as if the same were fully set forth herein and are mutually cooperative therewith. Done this day of Chairman, Commissioner ATTEST: erk of th( Boar By Page 1 of 6 pages U.S. Department of Transportation Federal Aviation Administration Grant Agreement Part 1 - Offer Date of Offer: June 17, 1993 Yakima Air Terminal Yakima, Washington Project Number: 3-53-0089-13 Contract Number: DOT-FA93NM-0038 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, 1993, 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: Install signs; Acquire passenger lift device; Acquire power sweeper; all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (10-89) Page 2 of 6 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, 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, eighty-five (85) percentum of the passenger lift device and ninety (90) percentum of all other 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 $565,272.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 512(b) of the Act, the following amounts are being specified for this purpose: $ 0.00 for planning $565,272.00 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 Act. 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. FAA Form 5100-37 PG 2 (10-89) Page 3 of 6 pages 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 July 19, 1993, 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 fraudulent- ly, 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 docu- ments and records pertaining to the determination of the amount of the Federal share or to any settlement, litiga- tion, 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. FAA Form 5100-37 PG 3 (10-89) Page 4 of 6 pages 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, 1993, on their behalf by Bruce W. Loy, Airport Manager, Yakima Air Terminal Board and that they jointly and severally adopted and ratified the represen- tations 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. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. FAA Form 5100-37 PG 4 (10-89) Page 5 of 6 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL/ AVIATIONL;iMINISTRA ION By. ..AOP O .. .. J. Wade Bryant, M ager, 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 day of , 19 . City of Yakima, Washington By Sponsor's Designated Official Representative Title. Attest. Title I, certify: CERTIFICATE OF SPONSOR'S ATTORNEY , acting as Attorney for the Sponsor do hereby 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 the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of 19 . Signature of Sponsor's Attorney FAA Form 5100-37 PG 5 (10-89) Page 6 of 6 pages Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of , 19 . County of Yakima, Washington By Sponsor's Designated Official Representative Title. Attest. Title CERTIFICATE OF SPONSOR'S ATTORNEY I, , 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 the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of 19 . Signature of Sponsor's Attorney FAA Form 5100-37 PG 6 (10-89) t0,S, t,e0% 1,0 Li 7993 1'r) f YAKIMA AIR TERMINAL 2400 West Washington Ave. • Yakima, Washington 98903 • (509) 575-6150 June 17, 1993 Yakima City Council 129 N. 2nd Street Yakima, WA. 98901 Yakima County Commissioners Yakima County Courthouse Yakima, WA. 98901 Subject: Joint Resolution Authorizing Grant Acceptance for Federally Funded Airport Improvement Project Grant, AIP-3-53-0089-13. Dear City Council and County Commissioners: The Federal Aviation Administration requires that the City of Yakima and Yakima County jointly authorize and ratify the signatures of the Airport Manager and Chairman of the Airport Board on all Airport Improvement Project Grant applications, assurances, and Grant Offers/Agreements. The Airport has made an Application for Federal Funds to: 1) make "FAA mandated" improvements to the airport's runway and taxiway guidance sign system ($443,424.00); 2) purchase a high speed runway vacuum sweeper to prevent foreign object damage (FOD) from occurring in jet and turbine powered aircraft ($145,705.00); and, 3) to purchase a Passenger Access Lift to assist mobility impaired passengers in boarding aircraft, as required by the Americans with Disabilities Act (ADA) ($41,174.00). The Federal Grant from the FAA will pay ninety (90) percent of the costs of the sign project and vacuum sweeper, and eighty-five (85) percent of the cost of the passenger lift. We expect to have the Grant Offer "in hand" on the 21st of June, and present it to the Airport Board at their regularly scheduled meeting on the 24th of June. Therefore, due to the critical timelines involved in meeting the FAAs' mandated compliance dates on the sign project, we respectfully request your most expedient action on this resolution. Sinc-rely, Bruce W. Loy Airport Manager APPLICATION FOR FEDERAL ASSISTANCE OMB Approval No. 0348-0043 L DATE SUBMITTED June 16, 1993 Applicant loentdier 11. TYPE OF SUBMISSION: piiCatton Construction 0 Non -Construction S. APPLICANT PrearpiicabOn O Construction O Non -Co' nstru coon I. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 91-1183898 tttFOR3t nott Legal Name. Yakima zsir Terminal Board Organizational Urit. Yakima Air Terminal Address (give city. =tow. state, and zip Code)' 2400 West Washington Avenue Yakima County Yakima, Washington 98903 Name and telephone number of the person to be Contacted on matters involving thus application (give area code) Bruce W. Loy, Airport MAnager (509) 575-6149 3- EMPLOYER IDENTIFICATION NUMBER (ESN): 911 1 1 18 13 1 8 9 8 L TYPE OF APPLICATION: Ma New Cl Continuation If Revision, enter appropriate letter(s) in box(es): 0 A Increase Award B. Decrease Award 0 Decrease Duration the (specify): ❑ Revision 0 C. Increase Duration 7. TYPE OF APPuCAA(T. A. State B County C. Municipal O Township E Interstate F Intermunicipal G. Special District (enter appropriate tetter in box) u H. Independent Scheel Dist_ I. State Controlled trtstitutiron of Higher Learning J. Private University K. Indian Tribe L. Individual M Profit Organization N. Other (Specify). FAR Part 139 Non -Hub Coituuercial Service Airport s. NAME OF FEDERAL AGENCY. Federal Aviation Administration Seattle Airport District Office (ADO) IL CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 2 0 • 1 0 6 1W1L= Airport Improvement Program 'T. AREAS AFFECTED BY PROJECT (c:tres. Counties. states. etc ): Central Washington It DESCRIPTIVE TTIL 0$ APPLICANT'S PROJECT. Airport Guidance Signs Passenger Access Lift Runway Vacuum Sweeper 12. PROPOSED PROJECT. 14. CONGRESSIONAL DISTRICTS OF Start Date 7-1-93 Ending Date 12-31-93 a Applicant fourth b Project fourth tS. ESTIMATED FUNDING. s 565,272 .00 • Applicant $ 65_, 031 .00 c State $ .Do d Local S .00 e Other .D0 13. IS APPLiCATON SUBJECT TO REVIEW BY STATE °EXECUTIVE ORDER 12372 PROCESS'? _ a. YES THIS PRE.APPLICATION/AP.ICA^,ONWAS IIAD,E AVAILABLE TO T1,E STATE EXECUTIVE ORDE; 12372 PROCESS FOR REVIEW ON DATE D NO. f j PROGRAtt S NOT COVERED BY E.0 12372 ❑ CR PROGRAM HAS NOT BEEN SELECT D BY STATE FOR REVIEW f Program Income $ .00 g TOTAL 630,303 .00 17. tS THE APPLICANT DELINOUENT ON ANY FEDERAL DEBT? ,❑ Yes * h "Yes." attach an exylanatton. Nc It. TOME BEST OF MY KNOWLEDGE AND BELIEF. ALL DATA tN TNtS APPLICATION,PREAPPLICIION ARE TRUE AND CORRECT. TME DOCUMENT NAS BEEN DULY Atitmoi RED BY THE GOVERNING -BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY wrIN THE ATTACHED ASSURANCES IF THE ASSISTANCE Is AWARDED a. Typed Name of Authorised Representative Bruce W. Loy d. Signature of Authonzed ntattve Z7avrous cantons Not Usable Auth b Title Airport Manager c TeieDhone number (509) 575-6149 zed for Local Reproduction e Date Sgned June 16, 1993 Standarc ^Orm 424 (Clay 4.881 Pre3c lbet, by 0f.4B crrc.iar A-102 3,4 - L0 ..0 -RC 18/. `i'AL ;NFORMATiCN 'moos s assist.,. one or Governinc ..ccv C1000 c- o;'ner ,oriry Poing Does ISJr _auCa*107.0. CMC of AgeoCy cr oocrd Attach Documentation) Item 3. Does this assistance ,equest,___,_ c Gre_<_e.• ._� e� in accordance with 0h1B Circ.:'c, - Y>� X �a trach Comments) item 4. Does this assistance request r__, re ;c'e icccl, Nome of Approvinc Agency regional or other plenn;nc oppra,c ' Dote Yes X No 5. .e proposed project covered approved comprehensive plan? X Yes Check one: State (J Local Regional Ej No Location of plan Airport Master Plan Item 6. Waffle assistance recuested serve c Federal Nome of Federal Installation inst {1 tion? - Y. X -No Federal Population benefitinc from Proj..,-t Iterii7 Will t1 iiiisistance requested be on Federcl land Name of Federal Installation - or installation? Location of Federal Land Y,as X No Percent of Project item$: Will. -the assistonce requested have an impact or effect See instruction for additional information to be on the:environment? provided. No Item 9. ' ce.requested cause the displacement of les';businesses, or farms? Y>s X No edF.ederel assistance on this ending, or anticipated? Yes X No Numberaaf: Indi idUinls Farii.s; Businesses Farms See instructions for additional information to be provided. FAA Form 5100-100 t6-731 SUPERSEDES FAA FORM SICO.10 PAGZS t THRU 7 Fooe 2 DE?,ARTMENT OF TRANSPORTATION — FEDERAL AYIA7'ON ADMiNISTRAT1ON PART II - SECTION C (Continued) OMB NO. 04-80209 The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under ' the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A". :Done -:5,Exclusire<_RiRhts.—There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned of rcotitroIled by:the:1",ponsor except as Follows: None rtyiinterest in each area and list and identify for each all exceptions. encumbrances, and aduerse interests tt.r eJ.udin..liens, easements, leases, etc. The separate areas of land need only be identified here by the ittpero- map. FAA Form 5700--100 (4-76) Page 3b FAA AC 81-06913 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II - SECTION C OMB NO. 04-R0209 The Sponsor hereby represents and certifies as follows: I. 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: Refer to Exhibit "A", Property Map, Dated 2-84 Airport Influence Zone in City of Yakima and Yakima County Comprehensive Zoning Ordinance. 2. Defaults.—The Sponsor is not in default on any obligation td the United States or any agency of the United States Govern- ment relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities.—There are no facts or circumstances jincluding the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending Iitigation or other legal proceedings) -which ii easonable probability might make it impossible. for the Sponsor to carry out and complete the Project or carry out the provision's 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:is.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": None tie =ittez�siutaeaclz^,;tuatiut und.identify for each all exceptions, encumbrances, and adverse interests a- lfiii elifiz lieru' csenten.14Iecses, etc_ The separate areas of land need only be identified here by the Ii tr property -map. SECTION A — GENERAL Federol Domestic Assistance Catalog No ictconcl or Other .5reckout 20-106 SECTION, 5 — CALCULATION OF FEDERAL GRANT .-057 Cicssificc:iorr {.JSR eniy for revisions Aooro.ed Ad just r^,.ent or Totel Amount Required 1. Administration expense 1 S S j S 10, 800 2. Preliminary expense _.19; 000 3. Land,structures, right-of-way —0- 4. Architectural engineering basic fees 37, 675 5. Other architectural engineering fees —0- 6. Project inspection fees -42:;251 7. Land development —0— 8. Relocation Expenses —0 9 relocation payments to individuals and Businesses —0 1 ,molition and removal —0- 11. Construction and project improvement 335, 988 12. Equipment 184, 589 13. Miscellaneous —0- 14. ,Totallidries Lthrough 3 630,303 15. Estimated Income (if applicabie) —O— H. Net Project Amount (Line 14 minus 15) 630,303 17. Less: Ineligible Exclusions —0- 18. Add: Contingencies - —0- 19. Total Project Amt. (Excluding Rehabilitation Grants) 630, 303 20. Federal Share requested of Line 19 565, 272 21. Add Rehabilitation Grants Requested (100 Percent) —0- 22. Total Federal grant requested (Lines 20 & 21) 565, 272 23— Grantee share . 65,031 ,net shares —0- 25. Total project (Lines 22, 23 & 24) S S s 630, 303 FAA Form 5100.100 (6'x31 SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 Xr, r DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NC. r— SECTION C — EXCLUSIONS Clcs:.iticctIon 26 inciig;bi kr Participation (fl Excluded from Contingency Provision (21 -- a- s s 'a. c - d, e. f. g. Totals S 5 SECTION D — PROPOSED METHOD -OF FINANCING NON-FEDERAL S'rIARE 27. Grantee Share IS a. Securities • ,. Mortgages cApprppriations (By Applicant) 65,031 - -•,-,.d:toncis . • •--- •••_,•-;...,,,,.:: , e.'s‘_,T,:ax Levies . li:',.:Niiat ash .., „. ,e,-,4•-i_,__90'4F,1:-, x.1ain1 - ,ne V—Grante. sharp . ,.. 65,031 20 - i hetes - ••ZSttC- • . :-,--:,,.!;f:i.:-,,-•:-:q, -;-.1-44fiiir ' • -, TotaFOther Shares 29. TOTAL S 65,031 _ $ECTA' -.MARKS -, - i r-, A MT' 11/ TIrrirtirr.1.11 11 11 1 ntrn 1 -1-1I/C A 1 .. I Cr- ,,a_ uaau lands under tde :.nendea = -„port ,...n_. irwav Safety and Capacity Expansion or the Aviation Safety and Noise Abatement Act of 1;79 As used herein, the term "public agency sponsor" means 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 public agencysponsors and private sponsors. Upon acceptance cf the grant .._,'er _ sponsor, these assurances are '_ncorporated__. and become a ^rt 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 ,,i.nstaIled within a facility under a noise compatibility program-.o-ject, 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 assurance against exclusive rights or the terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance. 2. Airport Development or Noise Compatibility Program Projects Undertaken by a Private ,Sponsor. The preceding paragraph 1 also applies to a privatesponsor::except that the useful life of project items installed wi±thin.a facility or the useful life of facilites developed or.,4,90 menta ,.acquired under an airport de ,- mentx.;or no :se ,program project shall be no i ten (ID y5044k' he date of the acceptance of Fedata aid for -the wpr 3':^<:Ai:rport°Planning.^Underta]en. by a Sponsor. Unless otherwise spec ied in the -grant' z tg ' e lent, only Assurances 1, 2, 3, 5, 6, 3.37"1.8, 30, 32, 33, 34, -and 36 in Section C apply to planning projects. The terms, conditions, and assurances of the grant Pace cf 16 agreement ssay_ v the pro:ems_ 5conso Cer7_ , vo,..,sc`. ,.:e._ ___ 4.v ,..,._ _s . ene_a_ ,. 'ea'e:-_._ _7. T:_._,Zz _ _ CO -' .- V W__. c- - oollca.b.1e Federal 7. r eg-_._._.taon't e s'ecuti e orders, policies . u±delines and r eo_re.ii?e s E. tne7 relate ate to sae application, - ,0 - -' a _ __: 1ud _ Federal Aviation Acs 1958 - 49 U.S.C. 1301, et seq �. Davis -Bacon Act - 40 U.S.C, 276(a), et seq. 1/ Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea. Hatch Act - 5 U.S.C. 1501, et seq. 2/ Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601, et seq. 1/2/ f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). 1/ g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. 1/ h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. 1/ i. Rehabilitation Act of 1973 - 29 U.S.C. 794. j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. ' 210.1, et seq. 1. Aae Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. m. Architectural 'Barriers Act of 1968 - 42 U.S.C. 4151, et seq. 1/ n. Z.i-rport and..Airway Improvement Act of 1982, as amended 49 Ur.:S2201;- -et-seq. - o. 2owQrplan .,-and Industrial Fuel Use Act of 1978 - Section 4031;4-2'11:.C. 8373. 1/ p. Contract -Work Hours and Safety Standards Act - 40 U.S.C. 327, et: seq.. 1/ q. CopelandAntikickback Act - 18 U.S.C. 874. 1/ r. National.Environmental Policy Act of 1969 - 42 U.S.C. 4321/ et-`seq. 1/ s. Endangered;:,:Species Act - 16 U.S.C. 668(a), et seq. 1/ t. Singe:Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2/ -u. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive,:;AOtders Exe. to )rder 12372 - Intergovernmental Review of Federal Exediit±ieYOrder' 11246 - Equal Employment Opportunity 1/ Page 2 of 16 eaeral Regulations CFR Part 18 - Ufl±fOLiL Adminsrrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3/ 49 CFR Part 21 - Non discrimination in Federailv-AssisteL Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. 49 CFR Part 24 - Uniform Relocation Assistance and Rea: Property Acquisition Regulation for Federal and Federalv Assisted Programs. 1/ 2/ =.? 49 CFR Part 27 - Non -Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. 1/ f. 49 CFR Part 29 - Debarments, Suspensions, and Voluntary Exclusions. c. 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. h. 29 CFR Part 1 --Procedures for Predetermination of Wage Rates. 1/ 4 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Part by Loans or Grants from U.S. 1/ j 29 CFR Part 5- Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction. 1/ k. 41 CFR Part 60 - Office of Federal Contract Compliance ProgramsrcEqual Employment Opportunity, Department of Labor,(rdeal_and Federally -assisted Contracting ReqUiteMents). 1/ 1. 14 CFR Part 150 - Airport. Noise Compatibility Planning. Office of Management'andiudget Circulars a. A-87 - CostPrinqips.AppIicable to Grants and Contracts with. Statehdlibt4I0GoVetnments. 3/ b. A-128 - Audits of State and Local Governments. 2/ 1/ These laws-do.notapply to airport planning sponsors. 2/ These,lawsAo not,vapplT„to private sponsors. 3/ 49 CFR- Part 18 'andAllia,Circular A-87 contain requirements for State-ancLiocalitrommmmnents receiving Federal assistance. iAn levied upon State and local governments -b fation and circular shall also be applicable -t Ate---ppplisors receiving Federal EL1313ri w.rt-andAirway Improvement -Act -tovvrivp", • - , assurances bY imortorateag-DY-re o_beAmcluded in grant agreements au, ions or circulars are the, grant agreement. Page 3 of 16 .L,._ ,c D.roDoseC.' a ».a th -eeme s__G_ a .es cn. e an official representative an hall in writing direct and authorize that person to Iiie _n aoplication, including a.i_ understandings and assurances -ontained therein- to L. connection with the applicatIc- Jrovzoe such :oLaiation as mav ne re'. ._rec. Sponsor Fund Availana__i.. It has sufficient funds available for that portion of the project costs which are not to be paid b1 the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it Will o:' -n or control 4. Good Title. a. It 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•,onethe-..property of the sponsor, it holds good title satisfactory -to the Secretary to that portion of the property upon which Federal funds will be expanded 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 he rights, and powers necessary to perform:any or #11 of the terms, conditions, and assurances in the ant agreement;-mithout the—writte approvar of the .4=4 W:t• 1 -1 Se an it*tiukter ct_promptly•to-.acquire, extinguish or modify s or claims or right of others which would cli°performance by the sponsor. This shall be :e `-acceptable to the Secretary. .b...`: -'fit -grill :not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the Paas _. of 16 -rymA♦apG4 ..L r1D.c7'.C%_ _. G'. turatlaz it- SO�?r :.: p Oj ectS itit..._ch a,.._ Y _. a bot e uv._ __oca__ government or are on r apert. w owned, vv a r_.._ t of _ ocal government other than the sponsor, _ will enter into an agreement with that government. Except as otherwise specified nv 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 te..as of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue:to function as a public -use airport in accordance_ with `th se--'atsirrances--for-the--dirrati-on-=-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 thersponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance with the Airport and Airway Improvement Act of 1982, 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 cons.Lstent.,wi.thF" lapste4b4ing at the time of submission of this aPP' :g3;.. C n a of> 4 Iic. ,,ag!n#*es-, that are .authorized ,by the State in'>.whi ii' e4,. :is.: `a ted: 'to plan for the development of the trey suirro n g'`the °:ai=rport. For noise compatibility progiaroj:eicts 4other"than land acquisition, to be carried out on property -not ='owned by the airport and over which property Page 5 of 16 ::_:order _ CaCy :ons±deri 'c =.`le eccnam_. _cc t_o:.. anM C Con Sis enc' ' ItZ a n x_ _ onraen the airpor .uywa :electives amnLam cf e trancr_., _ rtner, dC_ such has been ca_ _wed cut recuested hear_ Secretar- as on i management bra_ _.eLt voting representation w rn Gcommunities where .. project `. i from ..ix.., 2 located or has advised the communities that they have~ the _ion_ to petition the Secreta_: concerning a proposed oroject 10. Air and Water Quality Standards. In projects involvinc airport location, a major runway extension, cr runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated as to comply with applicable air and water quality standards. T__ anycase-.where suchstandards have not been approved and where aplai bie—air- °and to er-quali:ty-.standards have- been -promulgated bytheWmlnistrator of the Environmental Protection Agency, cert-if±ation shall be obtained from such Administrator. Notice of certification of refusal to certify shall be provided within sixty -:days after the project application has been received by the Secretary. GC 11. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located astride,a.line separating two counties within a single state, it has received approval for the project from the governing body of all villages ..incorporated under the laws of that state which are 1dcat purely within five -miles of the nearest boundary of the axrpv evelopment Prerequisites. For projects which =development at a public airport, it has, on the al of the project grant application, all the fluent' required for certification of such airport under of:the Federal Aviation Act of 1958 and all the equipment required by rule or regulation, and has for access tc the passenger enplaninc and deo_aninc area se sec_ security provided accordance .-.,....-...-_ make arI a1iaL...l... :he Secretary and .she Cenerai of the United States, any of their a. authorizes representatives, for the purpose of audit and examination, anv books, documents, papers, and records of the resin lent that are pertinent to the grant. The Secretary may reaulre that an appropriate audit he conducted by a recipient. In anv case in which an independent audit is made of the accounts ._,f 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 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 unskil _d lab or;-and-n-tuch=> inimum- at -es- shall. be stated= -in the-linvitat:ion 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 projects funded under the grant agreement which involve labor, such provisions as are necessary to insure .that, in the employment of labor, (except in executive, ariministrative, and supervisory positions), preference shall be given to,veterans of the Vietnam era and4disabled veterans as defined in Section 515(c)(1) and (2) of , .the': Airport and Airway Improvement Act of 1982. However, this 'preference shall apply only where the individuals are .available and qualified to perform the work to which ,the- e nplo =el s . 16. Conform ±fir° to yP1an , d.; Specifications It will execute the profect:; a =ta.iia ?'= specifications, and schedules approved by- thea" & a r iitMplans, specifications, and schedules shall :te:.;s;Y itted'-to•--the Secretary prior to commencement of site c:. 7=7;111 a _ on - S. and progress reporting procedures , escrineo ta_ "procedures shat_ reau±re sucr `he sponsor or sponsors cf si_ : e Stna, _ ._. aee.t.. necessa._ . a .nlnC oarrying out plan n7 n7 .=o . t_. will execll e ._he „�roj ec` accordance ;4'LL �� the proved program narrative contained in the proect proapp_icat__n with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the -public, and agrees that no material prepared with funds under thistarttect shall be :subject to copyright in the United States or ":tiuytui.-her 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. r will grant the Secretary the -right to disapprove the use 1ie-sponsor's employees to do all or any part of the ImOd :."It.:iinderstands and agrees that the Secretary's approval 0 :6this-A,.project grant or the Secretary's approval of any planning Page 8 of 16 times arrangements ) Operating G_. �o= whenever required; as required or a._.._ _:macaw agencies _vs use (2) Promptly markina and lighting hazards resultinc from airport conditions, including temporary conditions, and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airp, rt operatec .„for:_aeranautical use„ during to tporarL ..riods -When7endui - -fl:oath or he -r climatic -conditions• -interfere=-wi-r -such operation ancL,maintenance. Further, nothing herein shall be construed as requirsng.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 of circumstance:beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program itemsthat it owns or controls upon which Federal funds have been .expended. 20. $azard,_Re tonal; and..Mitigation. It will take appropriate erminal airspace as is required to erations ± o . the airport 'light altitudes) will be oteeted by removing, lowering, re jo ••: :.� rt .�. • :r, li=ghting or otherwise mitigating existing calf _• b �• ”. y' reventing the establishment or creation '.fu fre ipo hazards. Page c of 16 w=der which person, firm, aeronautical ac:.Jv±nv wow the airport, the sponsor requiring the contractor a•nreenen_ J_.._as __ :: er ar_anaeme.n right or Privilege ege a' the airport is granted to o corporation to conduct _,_ engage in an _sa:ina se ;ices to the pub_ sero =. enforce rrcvis_,.__s (1) furnish said services on a fair, evual, and not unjustly discriminatory basis to all users thereof. and (2) charge fair, 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- fixedo.base operator...,.at_.any airport owned by the spaiiedr. shall be subject to the Baume =rates, . fees, rentals, and othercharges as are uniformly -applicable to all other fixed -base 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 -base 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 o uch mondiscrimiaatory and substantially comparable ions :r` cond1.t7.`Lnsi,rates, fees, rentals, and other espect to faci" t%es directly and substantially roviding air transportation as are applicable to all uci it carriers which make similar use of such airport and Pace 10 of 16 _.-...= one S onSOw _se _ exercises ariv of the arc trivileges referred to In this assurance, the services _avolwi_l be provided o::. the same conditions as would apply v the furnishingofsuch services by contractors or _A concessionaires of the sponsor under these provisions. __ The sponsor may establish such fair, ecjuai , and not _n]ustIv discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any persons providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed -based operator shall not be -construed -as an e+x usive-r±ght--bot'h--of--tbe fo3�owiag ppiy. 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 furtheragrees that it will not, either directly or ind tl , c=ast .:or ;pewtit.. any°~person;•;.' firm or corporation the ex e ,ai port, -or:..at an. ,.other airport now owned or +ont aayr i ;-=. tici„- o Oct,any aeronautical activities, inkuaot=3.nsd Via:=charter flights, pilot training, ai `M a .k.,. = nd s h seeing, aerial photography, crop -dus .-aerialadvertising-and surveying, air carrier Pape 11 of 16 .. ., .J .�... ... 07 -..ow_ec.....vc.n ....o ._ t.Lam_.eve :��e�A..e �.. a rpo... t _.. ...v w. .. .... ._ com✓a..r..... w.,. ..._.... _..- ec .v,..r which cran iC :a:-. _"....ed a=. __1r.Qc r v and Ai_ ...._;.i roveme.-._ Act o -F 1982 the Feder _.. -_ .rport Act or ane rport and __lr'tia; Development opment Act _ 107C shall be included in. the ,".'?v'..... ...�.....� �' .._� .s...ablishinc _GGC rates and charges for uses t_rport Re ; e e =der -the control Dubuc agency, aJ:.. revenues generated by the airport and anv local taxes on aviation fuel established after December 30, 198 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 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, cr provisions enacted before September 3, 1982, in governing statutes,controlling the owner or operator's financing, provide ±or. -t-he-,,useof -- the revenues_ Erna .any of the airport owner or up tor_‘s .: acil-st-ies;--° a l -u ht --gnat- airport, to- -suppurt--no t - onprt:_he ,airport but also .: the> airport owner or operator's general debtab'ligations 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. 26. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. A report of the airport budget. will be available to the public at reasonable times and places. For airport development projects, it will also make the airport.-and..;all airport records and documents affecting the --airport; 44:44ding :deeds,_,- lei-es,,y operation and use agreements , y re n s-d,._iother intt.rilmea"tsr avai]able for inspection P by a41,r<-a prized - agent: 0± the ;Secretary upon reasonable regxiest.' F.or noise compatibility program projects, it will also (Revised 1/93) Page 12 of 16 e s -_e- 5 e c r era otherwise o _ce J'1U"n,.. _.. ._. agency suns l.G... har_ use "'i_.. an a±raor:.. Teri c be considered to exist when .Dena 4 on:.- c....ch aircraft are ......_ xcGCs .. erose ',"7.11tct rn on1mion of the Secretor:, would unduly interfere with use of the landing areas by other authorized aircraft L r�n aT calendar month that mcre . ove rnme,.._ on land adjacent thereto, cr has C b. The total number of movements (counting each landing as movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movements of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air -navigation activities, or weather - reporting and communication activities related to air traffic control;- `an- ereas-- of -land-ar._wate.r,.__or estate -therein, or rights Vin biii:.di.ng `o`f tfie "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_r. together with the boundaries of all of. t. a Bas. .er,��y-40404,004*d.- by . the sponsor for airport ... d �a�ro�crake' : rem e a R eretD (2) the location and P..�,�R» N/M Mµ. MK�� C Y4 .. .:3r�n `�%;�x..9s � u,�%�.. if , nn :: . � _`• • •:;1 ios:ed :airport facilities and 5- a. '• s, . _ • y ,-axiways, aprons, terminal box • A : `ss h g z:. an r :Obs), including all proposed extensions notions of existing-�airport facilities; and (3) the Pace 13 cf 16 __dea _.._., _ _re a_.:port and .1 a:_Ian as anenrover... .n..._ ._ :iio. V.^e_ or oneratcr reauested hv the Secretary (1) eliminate such adverse ___ecin a manner apvrov,C. by the Secretary; or ;21 bear all costs of relocating such nropert (or replacement thereof) to a site acceptable to the Secretar7 and all costs of restorir such orooerty ( or replacement thereof to the .:.eve_ ___ 4ti 1i` v . r- 7 - nd cost of operation existing De_ r oproved c ante the airport or its fac 1_t_es 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 he 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 persoaai..property or real property or interest therein gr r e-s,:or-:improvements hereon,- in -which case the ssrrano e '.obI.gts; £lie sponsor or ay" tra:sferee for the longer of .the- foliig'~periods: (a) the period during which the property is usedVIOr°a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar,serv.ices or benefits or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For any land purchased under a grant for airport noise compatibility purposes, it will when the land is no longer needed for :such .,purposes, dispose of such land at fair market value at therracti.cable time. That portion of the proceeds of s ; innHwhich is . proportionate to the United States ;costof acquisition of such land will, at the etioa =rofs.the Secretary, (1) be paid to the Secretary for ::de iD '' :ttii the:Trust Fund, or (2) be reinvested in an approved noise` compatibility project as prescribed by the Secretary. Page 14 of 16 _:dnC snai_ oe consj..`deref. to 3e needed for airaoort u__u.__ this assurance if (a) it may be needed for eronar_wca_ purposes (including runway protection zone) or serves 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 of the Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the use of such land, did not object to such use, and the land continues to be used for that purpose, such as having commenced not 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. "2.- - -Engineering .and__Desi.gn..S_ervic_es . It_ will award _ each cozitrac , r siitsnt-ract, or program- -management--; construction management, planning -:studies, feasibility studies,_ architectural services, preliminary -'engineering, design, engineering, surveying, mapping, or related services with respect to the project in the -same manner as a contract for architectural and engineering services is -negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided_under_.this;>.grant.4to be.used to fund any project which uses.: an ;.. : ,... - foreign during,. unt � 0 o .is listed by the United St=siY, ;3:?: AitJ''}i rY!.t s' r=denying fair and equitable market opp;o i =4,.1-74-- 3:31 S and supplies of the United States in procureand ci nstrticti.on . Pace 15 of 34. Policies, the project in specifications limited to the Standards, and Specifications. It will carry out accordance with policies, standards, and approved by the Secretary including but not advisory circulars listed in the "Current FAA for AIP Advisory Circulars Projects", dated ,Z 20-4/2,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 Subparts D and E or 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. 3-6-.-- -Deug=Free- Workplace . It will provide a drug-free- workplace at the site of work specified in the grant application in accordance with 49 CFR. Part 29 by (1) publishing a statement notifying its employees that the unlawful manufacture, dis ribt1t on ,s oda spensing, possession, or use of a controlled ssince;s:;prohibited in the sponsor's workplace and specifying th-eictions that will be taken against its employees for on of such prohibition, (2) establishing a drug-free rpgrem to.inform..;its employees ees: about the dangers of e` work lace . and..an. 2availablea drug counseling, nd employees,assistance,programs, (3) notifying en -days : after :receiving notice of an employee statute -conviction Lor a violation occurring in the d•.:= (4) making a good faith effort to maintain a drug - Page 16 of 16 F- 4.DVISORY ✓Ir CUL. -,F c is i Marx ng nc `nc rere -„e �. vv C �cr. Winter Safety anc Operac-s -55)/52`0--Ec Painting, Marking and Denting cf Jenices Lsec c.. an -�c- 50;S2 10 „ irc.aft rue and Rescue Communinons 150/5210-14 Airport Fre and Fescue Personnel rrotec de C;c.7nc 50/5.210-15 Aiport Rescue & Firefighting Station 5ui dine Des:cn 50/.522C -tA Water Supply Systems for Aircaf, Fare and Rescue Protection 150/5220-10A Guice Speafication for Water/Foam Type Aireaft Rescue and FireficrtinoFire Veh,Ges 150/52211 Airport Snowblower SpecF=cation Guice 150/5220-12 Airport Snowsweeper Specifcaticn Guide 150/5220-135 Runway Surface Condition Sensor Specify cn Guide 150/S220 -14A Airport Fire and Rescue Vehide Specificavon Guide 1.5075220-15 Euiscirtgs fcr Storage and Mair..tenance cf Airport Snow Semcvai Eq ipment A Guide 150/5220-16 Automated Weather Observing Systems for Non -Federal ?Loi ors 150/5M0 -17A Desicn S,anc:arc?s for JrAr at Res -se Fff�.chting T rainrnc Facuves 153,S,300-13 Airport Design CHG1&2 150/5320-53 Airport Draicage 150/S320 -GC Airport Pavement Design and Evaiuzion CHG 1 & 2 150/5326-12B .-125 Measurement, Gonsvtxtion, and Mainte;-er a of Skid Resistant Air -rt Pavement Surfaces 150/5320-L14 Airport Lanping for Noise Control Purposes 150/5324A Runway Length 'Requirements for Airport Design CHG1 150/5340-1F Marking of Paved Areas on Airpers CHG 1 - 150/534 40 Irs on.Oetaifs for Runway'Cz=nterfine Toud dewn Zone Lohtinc Systems CHG'.d4 2 15015340 -ES Segmented•Cirde Airport Marker System CHG.1 150/5340-11.8 Economy Approach fighting Aids CHG:1.& 2 150/5340-1:3 SMndby"Power for Non --FAA Airport Licht nc Systems 150/5340-1SC SandartiorAirport Sign Systems CHG 1 150/5340,-19 Taxiway.Getfterfne_Lighting System 150/5340-21 Airport Mis eUaneous Ligating Visual AFcs 150/S340235 S ifd,.Cones uFPlemi. . 150/531 24 Runvuray % '•� y,.Edoe Lighting System rionrot of Airpert.Lighng Systems 3:Panels for Remote Control of Airport L�cnnnc - Sf tifidoid =1::4$24 Underground Ee . a Cable for Arrn.r. Lion Cacuits t %r.33:Sr tC Speafit3IIDn"fdr Constant Current Regulators Regulator Monitors 150t534S=12C Soedneation for Airport and Heliport Beacon CURRENT FAA. ADVISORS CIRCLL3 RS FOR AIP PROJECTS fconunued) 'selective Date_ 2-26-92 NUMBER SUBJECT 150/5,35-12A Specification for L-841 Auxiliary Relay Cabinet Assembly for Plot Control of Airport Lighting Circuits 150/5345-283 Specification for L-823 Plug and Receptcde, Cable Connecors CHG 1&2 150/„=345-27C Speatirarion for Wind Cone Assemblies 150/5345-280 Prer.sion Approach Path lneimtor (PAP() Systems CHG 1 15015345-3gB FAA Spedfication L-853, Runway and Taxiway Centerline Retroreflect-we Markers CHG 1 150/53 42C Specification for Airport Licht Bases, Transformer Housinas, Junction Boxes and Accessories CHG 1 160/53:.4-13D Spedfic.tion for Obsuuc ion Lighting Ea; :ipnient 150/55345-44E Specification.forTaxiway and Runway Signs 15Q/!... 45A Lr,,htweight,AQ t;.I,tght:Struc ure 153 ,..41 =41$1 Speccaaoa land Taxiway Licht =ir res 150/5 A fsafaticn'•T:ansfdm &s-:foRkrpor. Lcfmnc Systems 150/55345-49A Spedfication' L-854, Radio Control Equipment 1505345-50 Spediication for Pottable.Fitnwav Li is ClG`2- -- '15q°.,3 5=51 Specmcaticn for Disdsarge-Type Flasher Equipment Genedc.V ua[ Gfi.desiope:ki atccs (GVGI) _ Ram' csg`and`,De,sgcn:af Airport Ternanal FacTi6es ai Non -Hub Lo�ticrs �tfcrAirpo t iesr..uat.Facuties n.:Cons, �tiiion Co 3ecr—Aino rGrant Program 1"' A Sis Cris,..,, , n of,.,i dors 15 i1. Use of: Nondestructive Tesntg Devices irrthe Evafuaacrrcf Airport Pavements Ousnty_ContrcG;of"Cortstucdon for Airport Grant Froiec Hefipart piastan " Veriport Design ;12 15C15-3,SO4 aaniea "c a i asSi Stene err. .__S agreement "'r ee.S cone-_ toeTarso--- _.____._... _..a.____c . •...� or Le' otherwisesuLiiectea Cr._1!:.._.._t..._'on `cti - } tormoi` - the applicant receives :Feder -al f nalc'_ ircediately take auy mea.- :_res necessary to effectuate Without limiting the above general as uanc_ . this (,,r - ne S%:onscr Eacn "program and "facility- (as defined in Section 21 i a) and 21,23.(b)) will be conducted or operated in cL:l%1ll _..roe .11 reo747eiient= of the Regulation= 17 will the clauses of Attachr a __ ccr�ract -1:hjert to the Act and the Regulations. ations 3. Where Federal fi nano? a 1 assistance is received to construct t_ru:ct a fac i l i_ t v , or part of a fac i? i_t,; , the assurance shall l ex`.end to, e er! ti e facility and facilities operated in connection therewith. 4. Where Federal ficial assistance is in the fore of for the acquisition of real property or an interest in real property, the assur anc_tea 1 extend to rights to sner:e on, over, or under such property. 5. It w -i l 1 include the appropriate cl Lnces set forth in Attachrent asSurrance, as a covenant ruaning with the land, in env f_'tu-e deeds, leases, Socnsor with porm4 ; licenses, and similEfragretents entered ihto hy the other .part -es : (a) for the s`bse�uennt transfer of real prope_rty aco i r:` ? er irIproved with Federal financial assistance under this Project; and (b) for the construction or use of or access to space or., over, or under real property acga red 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 f; mx4a1 st eis to provide, or is in the form of- personal proparLy or , e esi: therein °or ,Structures or inprov-ements thereon, in e-cb7 °gates' the Sponsor or a y transferee for the lop§ttr itifeltA156wingpeciods: e _p ri od during which the property. is used for a purpose for which Fede l;hare . assistance is ex ended, or for another pu_rcese involving the provision cf similar services or benefits; or (b) the period Airing 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 or 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 =ply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. 8. It agrees that the Unites States has a right to seek judicial enforcement with regard to'any ratter 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 n on its contractors, the Spansor,-subcontractors, transferees, successors in interest and other partnipaiits-in the Project. The person or persons whose, signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED June 16, 1993 Yakima. Air Terminal Board (Sponsor) u (Signature of Puthoriz Bruce W. Loy, Airport Man Official) TRC SII l P,Eoa t t Ensoo, ..Et' (ih`r e ina, ter REc ,.ticns, '"_ - , ..s they may be ..T _H=-einafter referred to as s,_ Regulations), 'r, u _ _ corp'orate'ii - e erica Efd ma't'e a c, this contract. 2. Ncnc,scriminatio, . Tne contractor, wit- r2 J t: t-_ r,:rk Far foaled by it dur inc the contract, shall not discriminate on the cr cf rag=, color, or rational origin in the selection and retention of su5ccntrac_crs, including procurements of materials and leases of equiornent. Isle cc ,tra_t:r shall not participate either directly Cr indirectly in the discr;m.n eti_ p ci' i_ited ` �J , miction Li.; cf to Regulations including eTolc•,Ent crs_t __s t7e contract covers a program set forth in Appendix ., cf t;ne _tier=. 3. Solicitations for Subcontracts, Including Procurements of Materials nd Equipment. In all solicitations either by coGipatitiva ti_'rino cr negotiatioin ;ace by the contractor for work to be performed unccr a su5cc-_rah , inrlud;n'o procurements of mat�r.ials or leases of equipment, each potential s::bccntractor or supplier shall be notified by the contractor of the contractors ohliostions under this contract and the Regulations relative to nondiscrin:nation c;the rC'unds of race, color, cr national oricin. 4. Information and Reo,7H crts. The contractor snail F i__`or a io and, rt:.,f'.•.rrLs. re uire-d y`•y the Regulation•s-or direct-i--ies its e :'.. thereto and shall permit ac=es t5 its books, records, account, cter soirees of information, and its facilities as may be d_t_rrnin_d by t'7= So2nscr cr the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Reculations, orders, 2nd instructions. inhere any in_o._ation required of a contractor is in the exclusive possession of aroth.r 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 cf the ccntra:t'o.r's non- compliance with the nondiscrimination provisions of this contract, t _ s on_or sha,1.1::impose such contract sanctions as it or the FAA may date -c: be apprc;priaLe,• inchudi.ng: but not limited to: a. Withholding cf payments to the contractor ungar s _ tract until :-.1*, ontza•ctor complies, and/or b. Cancellation, termination, or suspension cf t'ns c_r: sct, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provi- sions 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 non- compliance. 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 interests of the United States. 11 T.0.2. L'C'cLIC:,,"--S, E.i! I � c" SH:HP.Fl IHS P.I2 Eoi S %^. M " f7 2 1 r.�il � cla:,s_S shall l,'E inc ,,r,';d in d=e'i'� licenses, leases, permits, or S ii;:iia. ir:struments enterer into by the Sponsor pursuant to the provisions of Assurances 5(a) and S(b). (grantee, licensee, ; Esse°, permittee, , etc. , as appropriate) for himself, his heirs, personal representatives, successors in interest, and assicns, as a part of the consideration hereof, does hereby covenant and acree (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 trie said property described in this (deed, license, lease, pei-mit, etc.) for a purpose for which a DOT program or activity is extended Cr for another purpose involving the provision of similar services cr benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and overate such facilities and services in compliance with all ether requirements imposes pursuant to 49 CFR Part 21, Nondiscrimination -in Federally Assisted Procrams of the apartment Cf Ira,nspertatior:, and as said Regulations may be amended. 2. The (Grantee, licensee, lessee, permittee, etc., as appropriate) for himseif, his personal representatives, succors in interest, and assigns, 2S .0 part of the consideration her=cf, does hereby covenant and agree (ill the Case of deeds and laases acd "as a covenant runnino 'h t� ") that: (1) no person cri the crounds of race, color, or with the Ia.td t:,at. na:tienal,.cricin shall be -excluded frc.i participation in, denied the .benerits cf, cr be otherwise subjected to discrimination in the use of said..faciiities, (2) that in the construction cf any improvements on, over.; or under such land and the fern i sh i r.a of services thereon, no Son <on the crc..ids :c.f -race, color; or rational oris in shall be ;: mad-frtm part area Lion—in;cen i"ed the -benefits c --,- or Gtnerri_1 ie , be d to discrimination, (t) that the (cran:ee, licensee, lessee, .pe,,77 , -eg, et_.) .7..a1-3- use the premises in compliance with all ether requirements imposed by or pursuant to 49 CFR Part 21 , Nondiscritm:ination in -federally ly Assisted Programs of the Department of Transportation, and as said Regulations rav be amended. 7. 1^ g, Tcrc7ectl. _ =s : cE corr uni:ies that are i'crn1.,al . _u_ DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of clicly owned land from a public park, recreation area, wildlife and fol refuge, or a historical site under Federal, State, or Local 1 w j-urisdiction. c FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing (Exact name cf airport) the Yakima Air Terminal , and they have been informed regarding the scope and nature of this project. C. 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 f -ny statement not checked). BY: Bruce W. Loy TITLE: Airport MAnager SPONSORING AGENCY: Yakima Air Terminal Board DATE: June 16, 1993 NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the fo1Cowinc 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 perspns opposing the project; b. The nature and basis of opposition; c. Sponsar's l:an4o,00picloodateor,otherwise satisfy the opposition; d. Whetl.„:0#4790,114ityet r. hearing^ was,Affortied,,.erd if a hearing was held, an analysis of the facts dove ,t hey relate o'the.,saciat, economic, and environmental aspects of the pr j,J" ti3.s,ctunsistency with the goals and objectives of such urban planning as has been carried i; e. If'yihe;r eppQ4iSitss praposed ;any .aCternatives, what these alternatives were nQnact P ; and the reason for f_ Sponsor's -plans, if any, to minimize any adverse effects of the project; c_ Benefits to be gained by the proposed development; and h. Any other pertinent information which would be of assistance in determining whether to proceed w't.h the project. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any _ __sen for influencing or attempting to influence an officer or employee of an a-_ncy, a Member of an officer C-7 employee of Congress, _ r an e-_ _oyee of a Y..t:rer cf Congress in con : __ :_cn with this _ = ;erai ____tract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure cf Lobb:: :_:tivities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be,included. in the award dcc_:-e n1 s for all subawards at`Lall tiers including subcontracts, subgrants, and contracts under grants, loans, .and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. is.Ycertif on:..is .a :material,representation of fact upon which _ once was:.; ad:when this tLniisaction was made or entered _ir b_._ : si.on= sofr'this:-=certifica.tion :.is a prerequisite for making :or { r ng into- this: -transaction -imposed by section 1352, title 31, 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 such failure. Signed Spcinsor' s Authorized Bruce W. Loy Title Airport Manager presentative Date June 16, 1993