Loading...
HomeMy WebLinkAboutR-1994-019 FAA Grant AgreementCITY OF YAKIMA RESOLUTION NO. R-94- 19 YAKIMA COUNTY RESOLUTION NO. 123-1994 A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY authorizing, ratifying, and adopting a Project Application, Standard DOT Title VI Assurances, Certificate of Sponsor's Attorney, and Grant Agreement for Federal Assistance, between the Federal Aviation Administration and the Yakima Air Terminal Board for project number 3-53-0089- 14. WHEREAS, the Yakima Air Terminal Board has submitted to the Federal Aviation Administration a Project Application dated February 2, 1994, 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 Federal Aviation Administration, is hereby incorporated herein and made a part hereof; and WHEREAS, the Federal Aviation Administration has approved the Project for the Yakima Air Terminal consisting of the following: Engineering Design Services for the Runway 9-27 Rehabilitation Project; Purchase of Snow Removal Equipment - Ramp Plow; and Security Improvements. WHEREAS, the United States of America, acting through the Federal Aviation Administration has offered to the Yakima Air Terminal a Grant to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety (90%) percent of all allowable project costs; 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 Assurance, both dated February 2, 1994, on 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 dated February 11, 1994, and Certificate of Sponsor's Attorney 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 BOARD OF YAKIMA COUNTY COMMISSIONERS: The execution by Bruce W. Loy, Airport Manager, of the Project Application and Standard DOT Title VI Assurances dated February 2, 1994, and the execution by William F. Almon, Chairman, Yakima Air Terminal Board, of the Grant Agreement for project No. 3-53-0089- 14 dated February 11, 1994, and the Certificate of Sponsor's Attorney attached to the Grant Agreement is hereby authorized and ratified. A true copy of such Project Application, Standard DOT Title VI Assurances, Certificate of Sponsor's Attorney, and Grant Offer is attached hereto and incorporated herein. Adopted by the Yakima County Commissioners this Ra241-n day of February, 1994. ATTEST: CI 1--d• y Ivia E. Hinojosa, Clerk of the Board Charles J. Klari J' , Chairman r .� CM -- Bettie Ingham, Com loner yamAite.aes M. Le� , missioner stitutes the Board of Yakima County missioners for Yakima County, Washington 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 February 2, 1994, and the execution by William F. Almon, Chairman, Yakima Air Terminal Board, of the Grant Agreement for project No. 3-53-0089- 14 dated February 11, 1994, and the Certificate of Sponsor's Attorney attached to the Grant Agreement is hereby authorized and ratified. A true copy of such Project Application, Standard DOT Title VI Assurances, Certificate of Sponsor's Attorney, and Grant Offer is attached hereto and incorporated herein. Adopted by the Yakima City Council this )2)'!4 day of February, 1994. ATTEST: Karen S. Roberts, CMC City Clerk Section 2 FAA Grant Agreement (resoi•14.jyk, 294) US Deportment of TronsportoT on Federal Aviation Administration February 11, 1994 Mr. Bruce Loy Airport Manager Yakima Air Terminal 2400 West Washington Avenue Yakima, WA 98903 Dear Mr. Loy: Seattle Airports District Office 1601 land Avenue S W IleNon WA 98055 4056 Grant Offer for Yakima Air Terminal Yakima, Washington AIP Project Number 3-53-0089-14 Enclosed are the original and four copies of the subject grant offer. Please note that: a. The grant offer must be accepted by each cosponsor on or before March 18, 1994. b. The grant offer must be accepted by an official authorized by the governing agencies to do so. c. The "Certification of Sponsor's Attorney" relates to the acceptance and, therefore, must be made after the Sponsor's acceptance. d. After execution is completed, please return the original and two executed copies of the grant agreement to this office. If you have any questions in regard to acceptance of the grant offer, please contact your project manager. Sincerely, J. Wade Bryant Manager, Seattle Airports District Office 5 Enclosures cc: Washington Aeronautics Division (with copy of Grant Offer) Page 1 of 6 pages D.S. Department of Transportation Federal Aviation Administration Grant Agreement Part 1 - Offer Date of Offer: February 11, 1994 Project Number: 3-53-0089-14 Contract Number: DOT-FA94NM-0003 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 February 2, 1994, 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, i5 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: Acquire snow removal equipment (ramp plow); install security fencing (900 1.f.); install access control system; Reconstruct Runway 9/27 (design only); 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, 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 $357,477.00. 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: $ .00 for planning $357,477.00 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 March 18, 1994, 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 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 February 2, 1994, on their behalf by Bruce W. Loy, Airport Manager, Yakima Air Terminal 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. 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 3 (10-89) Page 4 of 6 pages 11. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted upon the basis of engineering estimates for the security projects and a negotiated fee for the runway design project; and the parties agree that within 120 days from the date of acceptance of this Grant Offer, the Sponsor shall furnish final plans and specifications to the FAA, that no construction work will be commenced hereunder, and that no contract will be awarded for the accomplishment of such work until the said final plans and specifications have been approved by the FAA; and the parties do further agree that any reference made in this Grant Offer or in the aforesaid Application to plans and specifications shall be considered as having reference to said final plans and specifications as approved. 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 of this instrument the Sponsor, ac hereinafter provi heti execution �,tus ina �>_ uaucaaa. by �.uc .�... -•-- ------ --- r- - ----- r 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 FED AVIATION 2RMINISTyATION By..�!L�G AL.tjl.111 J. Wade Bryant, Manager, 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 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 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) Section 3 FAA Grant Application OMB Approval No. 0348-004 APPLICATION FOR -' DERAL ASSISTANCE 2 DATE SUBMITTED 2-2-94 Applicant ldcntrfier . fPE OF SUBMISSION: Preapplication Application 0 Construction II Construction 3. GATE RECErvED 8Y STATE State Application IdenvAer 0 Non -Construction 0 Non -Construction 4 DATE RECEIVED 8v FEDERAL AGENCY F.deral Wancrwr 91-1183898 5. APPLICANT INFORMATION Legal Name: Yakima Air Terminal (YKM) Organizational Unit: Yakima Air Terminal Address (give city, county, state, and zip code) 2400 West Washington Ave. Yakima, Washington 98903 (Yakima County, WA) Name and telephone number of the person to be contracted on matters involving this application (give area code) Bruce W. Loy, Airport, Manager (509) 575-6149 6 EMPLOYER IDENTIFICATION 9 NUMBER 1- (EIN): 1 1 8 3 8 9 8 7. TYPE OF APPLICANT: (enter appropriate letter in box) A. State H. Interdependent School District B. County I. Slate Controlled Institution of C. Municipal J. Private University ■ Higher Learning 8. TYPE CF APPLICATION: Di New 0 Continuation 0 Revision D. Township K. Indian Tribe E. Interstate L. Individual F Intermunicipal M. Profit Organizatic , PART 139 G. Special District N. Other (Specify) r If Revision, enter appropriate letter(s) in box(es): A Increase Award 6 Decrease Award 0 Decrease Duration Other (specify) I ❑ C Increase Duration Public Airport 9. NAME OF FEDERAL AGENCY Federal Aviation Admin, Seattle ADO. ATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER TITLE: 2 0 a © 6 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: Snow Removal Equipment - Ramp Plow $147,451 12. AREAS AFFECTED BY PROJECT (cities, counties, states. etc.): - City and County of Yakima, WA Engr. Design Services - Rehab RNY 9-27 $144,746 Security Improvements $105,000 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date 2-1-94 Ending Date 12-31-94 e. Applicant Fourth b. Project Fourth 15 ESTIMATED FUNDING 16. 15 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 DATE a. Federal 357 477 .00 r b. Applicant S 00 e. State i .00 b. NO EX PROGRAM 15 NOT COVERED BY E. 0 12372 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW d. Local s39, 720 - .00 e. Other $ .00 1. Program income i .00 17 ISTHE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? 0 Yes If yes. attach an explanation 0 No g. TOTAL $ 397,197 .00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALL DATA IN THIS APPLICATION ARE TRUE ANO 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 I5 AWARDED a. Typed Name of Authorized Representative Bruce ;r. Loy b. Title= Airport Manager c. Telephone number (509) 575-6149 Signature thorized Repre ntative e. Date Signed 2-2-94 revious Editions Not Usable Authorized for Local Reproduction Standard Form 424 (RE`! 4-88) Prescribed by OMB Circular 102 INSTRUCTIONS FOR THE SF 424 This is a standard form used by applicants as a required facesheet for preapplicatiuns and applications submitted for �. will be used by Federal agencies to ot]taiil applicant certification that States which have Federal assistance. °• ^°...,� ��-� ..: Federal agencies - - ---- established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process. have been given an opportunity to review the applicant's submission. Item: Entry: 1. Self explanatory. Date application submitted to Federal agency (or State if applicable) & applicant's control number (if applicable). 3. State use only (if applicable). 4. If this application 5. Legal name of applicant, name of primary organizational unit which will undertake the assistance activity. complete address of the applicant, and name and telephone number of the person to contact on matters related to this application. 6. Enter Employer Identification Number (EIN) as assigned by the Internal Revenue Service. 7. Enter the appropriate letter in the space provided. 8. Check appropriate box and enter appropriate letter(s) in the space(s) provided: —"New' means a new assistance award. --"Continuation" means an extension for an additional funding/budget period for a project with a projected completion date. --"Revision' means an change in the Federal Government's financial obliu: tion or contingent liability from an existing obligation. 9. Name of Federal agency from which assistance is being requested with this application. 10. lise the Catalog of Federal Domestic Assistance number and title of the prouram under which assistance is requested. 11. Enter a brief descriptive title of the project if more than one pro°rani is involved, you should append an explanation on a separate sheet. If appropriate (r construction or real property projects). attach a map showin2 project location. For preapplicatiuns. use a separate sheet to provide a summary description of this project. Item: Entry: 12. List only the largest political entities affected (e.g., State. counties, cities). 1? Self-explanatory. 14. List the applicant's Congressional District and any Districtis) affected by the program or project. 15. Amount requested or to be contributed during the first funding/budget period by each contributor. Value of in-kind contributions should be included on appropriate lines as applicable. If the action will result in a dollar change to an existing award, indicate only the amount of the change. For decreases. enclose the amounts in parei_ti`eses. If both basic and supplemental amounts are included, show• breakdown on an attached sheet. For multiple program funding, use totals and show breakdown using same categories as item 15. 16. Applicants should contact the State Single Point of Contact (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. 17. This question applies to the applicant organization. not the person who sins as the authorized representative. Cate2ories of debt include delinquent audit disallowances. loans a:,:i taxes. 18. To be si°lined by the authorized representative of the applicant. A copy of the governing body's authorization for you to sign this application as ottici:il representative niust be on file in the applicant's office. (Certain Federal agencies may require that this authorization be submitted as part of the application.) U S DEPARTMENT OF TRANSPORTATION _ FEDERAL AVIATION ADMINISTRATION o..'8 vo sr...01'.4 PART 1I PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require Srote, local, Name of Governing Body regional, or other priority rating" Priority Rating Yes X item 2. Does this :assistance request require State, or Iocel advisory, educational or hecith cleerences? Name of Agency or Board Yes X No Attach Documentat,on) item 3. Dees this 25 si stcnce request require clearinghouse rev:e. in accordance with OMB Circular .A-957 Yes X N^ Attach Comments` Item 4. ,es this assistance request require State, local, g+oral or other picnning approval') Yes X No Nome of Approving Agency Dote Item 5. Is the proposed prosect covered by on approved Check one State comprehensive plan? Local rX-I Airport Master Plan Regional J X Yes No Locat on of plan Yakima Air Terminal. Item 6. Will the css:stance requested serve c Federci insteliat on% Yes X Nome of Federal Installation No Federci Population benefiting from Prc;ec• Item 7. Wi!i the ass stance requester be on Federc! ;and or installc•ion7 Yes X Name of Fece•al installation Location of Federal Lend No percent of Prose -t Item 8. W,il the ossIstonce re:nester have on impact cr effect See instruction for additional informat on to be on •he env rcrme-tt % :.cvided. Yes X N. !tet- 9. W:'! the css.stcnce ree;,es•e. cause the displcceme-• c= 'i� Iduoi s families, b'.,s nesses, or farm s7 Number of .ad viduai s Famines Fus.nesses y,X `arms Is -ere cine• re,ctec stance or. th s See :nstruc: ans for :c.;t onci :nforma,:or. „ be pro ec• previous, pe -c ^c, . ..'iiia . _ =.tcv ced. Yes X "•c FAA Form $100-100 '6-'?! _:PERSEDE5 FAA FORM 51OG-10 PAG=S 1 '^Ru 7 Page 2 INSTRUCTIONS PART 11 — SECTION A Negative answers will not reoulre an explanation unless the Federal agency reQuests more .ninrmatinn at a tater Hato Provide supplementary data for all "Yes" answers in the space provided in accordance with the following instruc tions Item 1 — Provide the name of the governing body establish ing the priority system and the priority rating assigned to this project. Item 2 — Provide the name or the agency or board which issued the clearance and attach the documentation of status or approval Item 3 — Attach the clearinghouse comments for the appli cation in accordance with the instructions contained in Of five of Management and Budget Circular No A•95 If com- ments were submitted previously with a preapplication, do not submit them again but any additional comments re- ceived from the clearinghouse should be submitted with this application Item 4 — Furnish the name of the approving agency and the approval date Item 5 — Show whether the approved comprehensive pian ,s State, local or regional nr if none of these, explain the scope of the pian. Give the location where the approved pian is available for examination and state whether this, protect is in conformance with the plan item 6 — Show the Federal puouiaiion residing or working on the federal installation wno will benefit from this project Item 7 — Show the percentage of the protect work that will be conducted on federally -owned or leased land. Give the name of the Federal installation and its location. Item 8 — Briefly describe the possible beneficial and/or harmful impact on the environment because of the pro posed protect If an adverse environmental impact is antic' paced, explain what action will be taken to minimize the impact Federal agencies will provide separate instructions if additional data is needed Item 9 — State the number of individuals, families, busi nerses, or farms thus project will displace. Federal agencies will provide separate Instructions if additional data is needed Item 10 — Show the Federal Domestic Assistance Catalog number, the program name, the type of assistance; the sta tus and amount of each project where there is related pre- vious. pending, or anticipated assistance Use additional sheets, if needed U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION PART II - SECTION C Okla NO. 04 10209 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: 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 tci 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 (acts 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 "•\ None .*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 he identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) na..... 30.. DEPARTMENT OF TRANSPORTATION — FEDERAL AVIATION ADMINISTRATION P \.RT II - SECTIO` C (Continued) OMB NO 4.80209 The `pun=r)r further certifies that the above rs based un a title examination a qualified attorne% or title cunrpan% and that such atturne% or title eontpJn% has determined that the •pnnror holds the abu.r prop.•rt interests (hr Thr `punsor ..ill acquire within a ria,onable time. but III an% rent prior to the =tart of am construction work under the Project. the I•)Ilowltl_ pr.)pert. intere-t in the Iollowtni, areJ- .1I land" on which such construction work is to be, performed all of which arras are 'dent ihrd on the aforementioned prup.•rt% neap designated as Exhibit "-' • None (c) The `pun -or will acquire within a reasonable trine. and it teaahle prior to the completion of all construction work under the Project, the follow nil! propertx interest in the following arra- of Iand- which are to be de.e!oped or used as part of or in connection with the ktrport as it will be upon , onrpletron of the Propene. all of which area. are Identified on the aforementioned • map dra_natcd as Exhibit -•a.' None i Exrlu-ne r, no grant of an cxclu-i . right for the conduct of Jn% aeronautical at twit% at an% airport owned or controlled b. the `ponsor except as fUllU.a. None "Mule .'biometer of pr„ 11.•rt. utterect rn each ar.•n and list and ulenlar ouch all eseept tons. encumbrances. and adverse interests .)( erors kind and nature. an !mime logic, easements. leases. ,rte 1 he separate area: of bund need •,nl. be ulenttited hero by the area numbers .chou-n .,n the proper.. atop. FAA Form 5100-100 n= 76. Page 3b ra;, aC 51 06913 RIInr.FT INFORMATION / r�1♦ I III — — %. VI..J I I\ V �.. I IVIS SECTION A — GENERAL Federal Domestic Assistance Catalog No 20-106 .2. Functional or Other Breakout TSECTION B — CALCULATION OF FEDERAL GRANT I Use only for revisions Total Cost Closs,l/cot.on Latest Approved Amount Adtusement - or (-) Amount Required 1. Administration expense 1 S S S 8,404 2. Preliminary expense —0- 3. Landtstructures, right-of-way —0- 4. Architectural engineering basic tees 152,246 5 Other architectural engineering fees —0— S. Protect inspection fees —0- 7. Land development —0— ' Relocation Expenses —0— .,. Relocation payments to Individuals ano Businesses —0- 10. Demolition and removal —0- 11. Construction and project improvement 90,000 12. Equipment 146,547 13. Miscellaneous —0 14. Total (Lines 1 through 13) 397,197 15. Estimated Income (if applicable, — 0- 16. Net Project Amount (Line 14 minus 15) —0- 17. Less: Ineligible Exclusions —0- 18:-4,-Cent+ngene+es — 0- 19. Total Project Amt. (Excluding Rehabilitation Grants) 397,197 i 20. Federal Share requested of Line 19 357,477 21. Add Rehabilitation Grants Requested (100 Percent) — 0- 22. Total Federal grant requested Lnes 20 8 21) 357,477 123. Grantee share 39,720 Other shares —0- 25. Total protect (Lines ;-. 23 S S lS 397,197 FAA Form 5100.100 t6 73: sjPEgsE2E5 FAA FORM 5:00 -10 PAGES 1 THRU 7 Poge A INSTRUCTIONS PART Ill Section A General 1 Show the Federal Domestic Assistance Catalog Num ber from which the assistance is requested When more than one program or Catalog Number is in volved and the amount cannot be distributed to the Federal grant program or catalog number on an over- all percentage basis, prepare a separate set of Part 11I forms for each program or Catalog Number However, show the total amounts for all programs in Section B of the basic application form 2 Show the functional or other categorical breakouts, if required by the Federal grantor agency Prepare a separate set of Part 111 forms for each category Section 8 Calculation of Federal Grant When applying for a new grant, use the Total Amount Column only When requesting revisions of previously awarded amounts. use all columns. Line 1 - Enter amounts needed for administration ex penses including such items as travel, legal fees. rental of vehicles and any other expense items expected to be in curred to administer the grant. Include the amount of in terest expense when authorized by program legislation and also -how this amount under Section E Remarks. Line 2 - Enter amounts pertaining to the work of locating and designing, making surveys and maps, sinking test holes, and all other work required prior to actual construction Line 3 - Enter amounts directly associated with the acqui sition of land, existing structures, and related right-of-way Line 4 - Enter basic fees for architectural engineering services. Line 5 - Enter amounts for other architectural engineering services, such as surveys tests. and borings. Line 6 - Enter fees for inspection and audit of construe tion and related procrams Line 7 - Enter amounts associated with the development of land where the primary purpose of the grant is land improvement Site work normally associated with major construction should be excluded from this category and shown on Line 11 Line 8 - Enter the dollar amounts needed to provide relo cation advisory assistance, and the net amounts for replace- ment (last resort; housing. Do not include relocation ad ministration expenses on this Line. include them on Line 1 Line 9 - Enter the estimated amount of relocation pay ments to be made to displaced persons, business concerns and non-profit organizations for moving expenses and re placement housing Line 10 - Enter the gross salaries and wages of employees of the grantee who will be directly engaged in performing demolition or removal of structures from developed land Thus lune should show als., the cost of demolition or re moval of improvements on developed land under a there party contract Reduce the costs on this line by the amour` of expected proceeds from the sale of salvage. if so in strutted by the Federal grantor agency Otherwise, show the proceeds on Line 15. Line 11 - Enter amounts for the actual construction of, addition to. or restoration of a facility Also include in this category the amounts of project improvements such as sewers, streets, landscaping and lighting Line 12 - Enter amounts for equipment both fixed and movable exclusive of equipment used for construction For example. include amounts for permanently attached lab- oratory tables, built in audio visual systems, movable desks, chairs, and laboratory equipment. Line 13 - Enter amounts for items not specifically men- tioned above Line 14 - Enter the sure of Lines 1-13. Line 15 - Enter the estimated amount of program income that will be earned during the grant period and applied to the program Line 16 - Enter the difference between the amount on Line 14 and the estimated income shown on Line 15 Line 17 - Enter amounts for those items which are part of the project but not subject to Federal participation (See Section C, Line 26g, Column (111. Line 18 - Enter the estimated amount for contingencies Compute this amount as follows. Subtract from the nt project amount shown on- Line 16 the ineligible project exclusions shown on Line 17 and the amount which is excluded from the contingency provisions shown in Section C, Lune 26g, Column (2). Multiply the computed amount by the percentage factor allowed by the grantor agency in ac- cordar.ce with the Federal program guidance. For those grants which protrude for a foxed dollar allowance in lieu of a percentage allowance, enter the dollar amount of this allowance Lune 19 - Show the total amount of Lines 16, 17, and 18 (This is the amount to which the matching share ratio pre- scribed in program legislation is applied.) Lune 20 - Show the amount of Federal funds requested exclusive of funds for rehabilitation purposes. Line 21 - Enter the estimated amounts needed for rehabili- tation exoense of rehabilitation grants to individuals are made for which grantees are reimbursed 100 percent by the Federal _:cantor agency in accordance with program legusla tion If the grantee shares in part of this expense show the total amount on Lune 13 instead of on Line 21 and explain in Section E Line 22 - Show the total amount of the Federal grant re- quested Lune 23 - Show the amount from Section D, Lune 27h Lune 24 - Show the amount from Section D Line 28c. Lune 25 - Self expianatouy .,P0 565.360 DEPAPTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION 0,8 -.O SECTION C — EXCLUSIONS Closs,f,co!,on Inel,g,'tie fes, E,r,,..,:_, .r,,.. Port a,pol.on ' ..o..,ngen.. aro..s.r., 26— I I: ! :21 NA i o S , S b I I •c i d e. f. _ I g. Tocols I S SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27 Grantee Share i a. Securities b. Mortgages c. Appropriations (By Applicant) $39,720 d. Bonds e. Tax Levies f. Non Cash g Other (Explain) h. TCT . L - .Santee sure $39,720 2*• :°the, ST,Jes a. State b. Other :. Total Other Shares 29 TOTAL ;5 $39,720 SECTION E — REMARKS Grantee Share from P.F.C. Revenues and General Budget appropriations. PART IV PROGRAM NARRATIVE (Attach — See Ins!ruc:lo, s FAA Form 5100_100 15-731 SUPERSEDES FAA FORM 5100.10 PAGES 1 THRJ 7 FAA AC :S-1) J"_ Page 5 PART III Section C Exclusions Line 28 a y Identity and list those costs in Column (I! ,whir 0 are Part of the project cost hut are not subject to Fetterbecause of program legislation or Fed er al 11, anti,, agency is5trur:hun5 The total amount on Line g 5hr,uttl afire.' with the amount shown On Lite 17 Of SCC hurt (1 Show it Column 121 Ihise protect Costs that ,ire suh'i l t it, I r,lrr i1 par lrCipah nn but bre 1101 el¢(111)1: Ice in ttuvmrl nt the Brtt0urtl 115ia1 lu ('Onlptdt! Cbn'ItrlgenCy ,nnu1,11t, ns In uvi(lrtl nt the fractal granitI agency instioc titins Section 1) Pt °posed Method of Financing Non Federal Share Line 27 a e — Show the source of the grantee s share 11 ,nh evadable, specify the actions Loin 'Acted lu ,late and those actions temam,ng to make rads avairahle male' Set Itut, l Ili:m,uk1 Indicate also Ilii: pi', iii til 1111',1' t11,11 will 1111 i,•,Iii,'iI ,,Iii:i t:xi•( 111,1111 til Ihr' 111.1111 1111 . 1111,111 In ul,t.nn 111,' isnot', 11 thea n a unnr inti , un Ir 11 oil explain who! Ihr, 1.ntltrihuln,n Wrll t nnvst nl Line 27 h ',how the Vital 01 Lines 1/ a q fhr, dmnuni must conal die ,rano it 'shown in ¶ cC 1 ii (1, 1.111e T1 Linc 211 a 'item the amnunl that will be Contrlhulr'd by ,r this. agency wily r1 the ,,(,)brim is riot a Stab ,i '.1,11'• a, p, n, / 11 ilio, 1y n nun, esti i wninhutinn explain tviiat 111,' a itt ittshits1„1 ,`Jin 11111ilii itt „Utter 1' 111,11 s Line. 18 h ',how Itt, ,, ii ,ung shirt Will he Cunhihulrrl 1i4,1r. till„ 1 smii(:es 11 mete e, a m,rn ash (001111u11 nn 1, ,.01,:1151i..11 t 11.. .'tiSi•.i ill ,alit'ti „ 1.lia„ F Rim al., 1 inc 28 t Show Ihr tulai uI Liiie•, 2i1a 011(1 281 1h,t amount nnr•;t Ix: the same as the amount shown it bier lion 11 tiro; 1.1 Lute 29 Pater Ilio totals til I me 111) and Line : fti Section E Other Remarks Mat. any renal Its pet tiner,l to the protect and provide any other ittluunati0n iequired by these instructions or the grantor agency Attach additional sheets, 11 necessary INSTRUCTIONS PART IV PROGRAM NARRATIVE Prepare the program narrative statement in iCCOrrldnCe with the fullowoij instructions fur all new gran) piny,anis PetlnestS for supplemental assistance should he responsive to Item 513 only Requests for (:untnt.raliun or refunding or nihet changes of an approved protect should he responsive to Item Si: only 1 OBJECTIVES AND NEED FOR THIS ASSISTANCE Pinpoint arty relevant physical, economic, sutaat, financial, institutional, or other problems requiring a solution flentunstrate the need fr)r assistance and state the principal and subordinate objectives of the protect Suppo, tiny duet'' ,nentati00 or other testimonies tram concerned interests other than the .applicant may be used Any relevant Hata based on planning studies should be included or luotnoted 2 RESULTS OR BENEFITS EXPECTED Identify results and benefits to be tdetived I or exainliti!, tni•lu(lr a description til who will occupy Me far tiny .nut haw iww the fatality will he iisctt F tit I,nul .n ,l, n•,ihun m, rlrvrinpmratl prnterts explain Imo/ !lir 1u,i.'1 1 will her„ 1,1 'tails(: 3. APPROACH a Outline a plan of action pertaining to the scope acid detail of how the proposed work will be accutn plishett for each grant program (..etc !aches which nuylit accelerate uI decelerate the work and yotn tea son for taking this approach as opposed to others f)escitbe any unusual features of the pruteet such as tlesryh or technological innovations, iethiclt0tts in rust ce time or extraordinary social and community involvements h Provide tor each grant program monthly ur gmi,rletIv quantitative protections of the accomplishments to he achieved, if possible When dCCOrnpl ish itie nt s C0nin1 he quantified, list the activities in chronologu al or dei to show the schedule of accomplishments into Then target tlates c Identify the kinds of data to be collected and main lamed, and discuss the criteria to be used to evaluate the results and success of the project Explain the methodology that will be used to determine it the needs identified and discussed :rre Emit) u,et and tl the results and henelits identifier) in 11e” + ,ii•I'elnq iu:htevrtl el List each to1)00i/d1i(J11 i.OUpe(i,lot ,.Ons ,Ilam, ,)r tither kry nullvltli,.ds who will work un ore n,uttCt along with ,, 011011 tlesCnptJun 01 the naluie til the,, etln,1 to runtiiltutiun 4 GEOGRAPHIC LOCATION Give .1 pret:i5(: IttC,tinn of 111P, 11iO1eL1 nail ,a r, :u be SC, veil I,y the pit,poSei) p,,i1 :i.t Mon, uthcl ,t rhtr .,,,I'. ntdy he a11.1i hr,l h. IF AI'PIICAI11.1 i'ItOVIiif ,tie ItilLOWING IN I,111(MAIION a I/eta itt,, the ietai„nship Lrlwut:n this ',oleo and tidier wink planned dt,heil,dtct! t'1 „nde1 ,•,ay under the Fr,it,dl A,sgl.in,.e listed made, Pail II Sactiun A, Ilett' 10 F sown the rtA,A,it Isis all ri.•quesis 1111 s1 ,,plentenldl assistance and rustily the need 101 additional loading. r Discuss ac1uinptuhntei 1', tit date dial 1151 1•, cbiurlu. logical order a schedule 111 ncrnmpinl,ni•':Is In nyte55 or milestones anticipated 'J,tt, the ncr. I,1niLnii re. ripest It there hdvt' bten itllltdtCi1111 lharittt1 .n tite ptoleCt ub)et.livt•S tui anon, dt)irOat.li ui tn1.e tictays explain iiul lustily Fol other requests tui , hdniµ•s sir dntendntents, explain the teoson lot the t.hangelsu 11 the scope 01 utile, lives have t hdnyet1 tit an ex lcii it)lt 01 !titre IS ieceSSai y tApldrll the citurnslances and lustily It the total butlJtl has beer+ exceeded or ,I individual budge) 'terns have chdrigrti inure than the piesCrilied limits contained in Attachment K Office of Management and Butdoet Cntuldr No A 101 ex plain and lushly the change and ,15 ellect cm the protect PREAPP DATA SHEET AIRPORT: YAKIMA AIR TERMINAL, YAKIMA, WA. LOCAL PRIORITY: UPDATED: 1-31-94 WORK ITEM: Engineering Design Services, Rng 9-27 Rehabilitation. JUSTIFICATION: See Attached Project Justification SPONSOR SIGNATURE: / 3 Q�-�ti DATE D2 - oZ — 551 COST ESTIMATES: ADMINISTRATION: $ PRE -ENGINEERING: $ ENGINEERING: $ 139,246 INSPECTION: $ 5,500 • . ADO USE: .• PREAPP NO. .• GRANT NO. . • CODE: • • PRIORITY: CONSTRUCTION: $ FED: S TOTAL: $ 144,746 PROJECT JUSTIFICATION Date: January 31, 1994 Project Title: ENGINEERING DESIGN SERVICES, RUNWAY 9-27 REHABILITATION Project Cost: AIP $130,271 LOCAL $ 14,475 TOTAL $144,746 Proiect Justification: The current porous friction course (PFC) surface on runway 9-27 is 14 years old. After review of the runway surface, it was recommended in an October 20, 1993, letter from the FAA to begin reconstruction of the runway. It was also recommended to perform a non destructive pavement evaluation of runway 9-27 followed by engineering design. At that time the decision of whether to reconstruct with PFC or dense graded asphalt overlay would be evaluated. Additionally, the FAA recommended the evaluation of options for phasing out the non standard safety areas associated with runway 9- 27 in order to bring these areas into compliance. This engineering project will provide the design documentation necessary to advertise for bids for the reconstruction of the runway surface and production of a plan for bringing the runway safety areas into full compliance. PREAPP DATA SHEET AIRPORT: YAKIMA AIR TERMINAL, YAKIMA, WA. UPDATED: 1-31-94 WORK ITEM: Snow Removal Equipment - Ramp Plow. LOCAL PRIORITY: JUSTIFICATION: See Attached Project Justification. SPONSOR SIGNATURE: DATE c.) --o) -9 " � COST ESTIMATES: ADMINISTRATION: $ PRE -ENGINEERING: $ ENGINEERING: $ INSPECTION: $ CONSTRUCTION: $ 904 146,547 TOTAL: $ 147,451 • • ADO USE: PREAPP NO. GRANT NO. • • CODE: PRIORITY: FED: $ PROJECT JUSTIFICATION Date: February 1, 1994 Prosect Title: SNOW REMOVAL Project Cost: AIP LOCAL TOTAL Prosect Status: EQUIPMENT, $132,706 $ 14,745 Pre -Application to FAA Plans/Specifications to FAA Advertise for Bids Bid Opening Delivery $147,451 RAMP PLOW/LOADER April 16, 1993 June 1, 1993 November 10, 1993 January 4, 1994 July 15, 1994 Project Justification: The confines of space around the terminal ramp, itinerant ramps, and general aviation tie down areas, especially where large numbers of aircraft are present, make snow removal extremely difficult and time consuming because of the airport's lack of the proper type of equipment. What we propose to purchase is an articulated steering type front loader with a quick -attach 15 foot push type snow blade, a 3 cubic yard bucket for loading sand into our runway sanders, and a 7 cubic yard snow bucket for removing potentially dangerous snow piles on the ramp. This equipment will be multi -functional. The addition of this equipment will allow airport staff to clear snow more rapidly and effectively on the ramps, thus reducing our potential liability for accidents that can be caused by snow and ice on these surfaces. PROJECT JUSTIFICATION PREAPP DATA SHEET AIRPORT: YAKIMA AIR TERMINAL, YAKIMA, WA. LOCAL PRIORITY: UPDATED: 1-31-94 WORK ITEM: Security Improvments Relocate Fence JUSTIFICATION: In order to complete necessary security improvements for access security requirements, the Airport needs to improve access controls from the Terminal to the SIDA, install three new automated vehicle gates, and relocate approximately 900 L.F. of security fence. These improvements have been necessitated by provisions in FAA, FAR PART 107.13 and 107.14. SPONSOR SIGNATURE: Li. DATE � -01- COST ESTIMATES: " ADO USE: • • PREAPP NO. ADMINISTRATION: $ 2,000 GRANT NO. PRE -ENGINEERING: $ CODE: ENGINEERING: $ 10,000 PRIORITY: INSPECTION: $ 3,000 . CONSTRUCTION: $ 90,000 FED: TOTAL: $ 105,000 (est) . 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 to airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under 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, or the Aviation Safety and Noise Abatement Act of 1979. 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 public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become a 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 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 private sponsor except that the useful life of project items installed within a facility or the useful life of 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 the 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, 34, and 36 in Section C apply to planning projects. The terms, conditions, and assurances of the grant Page 1 of 16 agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and wi +hrespect to this Grant that: y 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. Federal Aviation Act of 1958 - 49 U.S.C. 1301, et seq. 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. d. Hatch Act - 5 tU.S,C. 1501, et seq. 2/ e. 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. 2101, et seq. 1. Age 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. Airport and Airway Improvement Act of 1982, as amended 49 U.S.C. 2201, et seq. o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 2 U.S.C. 8373. 1/ p. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. 1/ q. Copeland Antikickback 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. Single 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 7.06. Executive Orders Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 11246 - Equal Employment Opportunity 1/ Page 2 of 16 Federal Regulations a. 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3/ b. 49 CFR Part 21 - Non discrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964/ c. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. d. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally Assisted Programs. 1/ 2/ e. 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. g. 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/ i. 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 Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted Contracting Requirements). 1/ 1. 14 CFR Part 150 - Airport Noise Compatibility Planning. Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. 3/ b. A-128 - Audits of State and Local Governments. 2/ 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 Federal assistance. Any requirement levied upon State and local governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under the Airport and Airway Improvement Act of 1982, as amended. 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. Page 3 of 16 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply grant, and to finance and the proposed project; for the grana a., .... a�.........�. ....... carry out r --r---- r--�---� 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 filing of the application, including all understanding 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 the application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own 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 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 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 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 or 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 Page 4 of 16 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 the Airport and Airway Improvement Act of 1982 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 government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the -terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance 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 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. For noise compatibility program projects, other than land acquisition, to be carried out on property not owned by the airport and over which property Page 5 of 16 another public agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is b,y teri with the agency's regarding the reasonably __--- ----- ---- agency's .. plans- - property. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under the Airport and Airway Improvement Act of 1982, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Bearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable 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 of refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 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 located entirely within five miles of the nearest boundary of the airport. 12. Terminal Development Prerequisites. For projects which include terminal development at a public airport, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area (Revised 1/93) Page 6 of 16 of such airport to passengers enplaning or 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 and 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 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 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, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled 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 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 Page 7 of 16 preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be .i _° 1L subject to approval by the Secretary and incorporation into he 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 with the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in the approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the Sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of anv planning Page 8 of 16 material developed as part of this grant does not constitute or imply any assurance or commitment of the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. 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 nonaeronautical purposes must first be approved by the Secretary. 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.amy 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. In furtherance of this assurance, the sponsor will have in effect at all times arrangements for -- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition of 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. Page 9 of 16 21. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible _ i nrl lIrl i ng l and i ng and takeoff of With normal airport op�er-at i one�, ------� --- ----- - -- - - 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 the 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'its airport available as an airport for public use on fair and reasonable terms and without unjust discrimination, to all types, kinds, and classes of aeronautical uses. 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 engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to -- (1) furnish said services on a fair, equal, 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 fixed -base operator at any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges 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 subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and Page 10 of 16 which 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 classifications 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 furnishing of such services by contractors or concessionaires of the sponsor under these provisions. h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 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 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, or at any other airport now owned or controlled by it, 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 Page 11 of 16 operations, aircraft sales and services, sales 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 the Airport and Airway Improvement Act of 1982. 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23, for the facilities and services being provided the airport users 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 any airport development, airport planning or noise compatibility project for which a grant is made under the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate base in establishing fees, rates, and charges for users of that airport. 25. Airport Revenue. If the airport is under the control of a public agency, 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 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 cr operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including that 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. 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, 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. For noise compatibility program projects, it will also (Revised 1/93) Page 12 of 16 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. 27. Use of Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that -- a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total 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, 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 Page 13 of 16 location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification thereof, shall be to tL �� arr��„e� �f } ho nrr Cafary which approval shall be subject s 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 in 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 its facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owner, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by thye Secretary, the owner or operator will, if requested by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 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 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 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 the earliest practicable time. 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, 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. Page 14 of 16 b. (1) For land purchased under a grant for airport development (other than noise compatibility) purposes, 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 the airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no such 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 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. 32. Engineering and Design Services. It will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and ecuitable market opportunities for products and supplies of the United States in procurement and construction. Page 15 of 16 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 _r_ IP Projects" dated Ei -12 '`13 and included Advisory Circulars for Ali Projects", , 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 S. (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. 36. Drug -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, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace and specifying the actions that will be taken against its employees for violation of such prohibition; (2) establishing a drug-free awareness program to inform its employees about the dangers of drug abuse in the workplace and any available drug counseling, rehabilitation, and employees assistance programs; (3) notifying i employee the FAA within ten days after receiving notice of an criminal drug statute conviction for a violation occurring in the workplace; and (4) making a good faith effort to maintain a drug- free workplace. Page 16 of 16 CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS Erfect,Ae Durr: 8-12-93 NUMBER SUBJECT 70/7460-11-iObstruction Marking and LighCng CHG 182 150:5100-143 Arcritece. nal, Engineering, and Planning Consultant Sasv cos for Airport Granr CHG 1 Proles 150/5210-53 Painting. Marking and Ligh°ng of Vehicles Used on an Airport 1501 10-73 Ainram ft Fre and Rescue CmunicaSors 150/5210-•e Airport Foe and Resale Personnel Protective Clothing 150/5210-'S Airport Resc.re & Fssifightaig Station Suiting Design 1505220-43 Water Supply Systems for Ai -aft Fre and Rescue Protection 150,2220 10A .Gude Speciication for Wamr/Foarn Type Aircraft Rescue am! Fires 150/5220-12 Airport Snowsweeper Spec:Tiotion Guide Firefighting Vehicles 150'5220--' 33 Runway Sur'ace Condition Sensor Sp fir. pian Grade 150i5220 -.4A Airport Fire and Reser_ Venice Spec5cation Guice 150-'5220-'5A Automated Weather O1 erving Sysarr s for Non -Federal Applications 150'5220-17A Design Sran :rdc 'or Aim=rt Rescue Fie --3 Shd "S 7raining r"ac±ities u, 15C/5220 -18'o Materials Buildings for Storage and Maintenance of Arport Snow of d ,q Con E 4 •pmant and 150'5220-20 Airport Snow and Ice Control Eaupment 15C/5220-21 Guide Specifrations for !ifi Used 10 ,Cary Airline Passancern A17.1 MDCII;ry Irnoarrrntr CHG 1 150/5300-13 Airport Design CHG 1 & 2 1505320-59Airport Drainage 1505320-6C Airport Pavement Design and Evalcaoon CHG 1 8 2 150/5320-12B Measurement, ConssLc:Ion, and Mamtana-aa cf Skid Re;is:ant Ai -port -ave-len; Sura ess 150/ 20-14 Airport Lanes:apitg fee Nose Cont,-oi Purpcse5 150/5325-4A Runway Length Regoirenena ter Airport Design CHG 1 150/5240-1F Marking cf Paved Areas on Airpors CHG 1 150540-4C Insdl3tion Details for Runway CrlterIne 'Touchdown 2onc Lighting System: CHG 1 d2 150/53340-53 Segmented Circe Airport Marker System CHG 1 150'5340-149 Economy Approach Liohyng Aids CHG 1 82 150/5340-173Standby Powe' for Aon -FAA Airporth5n S 1501550-190 9 Y51e^s Standard...-. for ,1,,rpert Sign Sl's:rrs CHG 1 150/5340-19 Taxiway Centerline Lighting System, '50.'5340-21 Airport Miscellanea:3 Lighting V:s:e.1 Aids 150/5340-233 Supplemental Wind Cones 15Q'5340-24 Runway and Taxiway edge Lrhong System.. CHG 1 150./5340-27A Air -to -Ground Radio Control of Airport L1hti , Sysas:rs 150/5345-3D Specificauon for L-821 Panels for Remote Control of Airport Linnori 150 5345_SA Cleric Selector Switch 150'5345-:0 Specification for L-824 Underground Electrical Cable for Airport Lighinc Cc:ats CHG 1 150'5345-IOE Specification for Constant Current Regulators Regulator monitors 150/5345-12C Specification for Arport and Hetipart Beacon 1 CUR E'T FAA ADVISORY CIRCULARS FOR AIP PROJECTS (cootinued) Dstr: S-12-93 NUMBER SUBJECT 1EOF,.345-:7.A Speaficatcn for 1-841 Auxiliary Relay Cabinet Assembly for Pitot Cannot o! a.rr ;n Lighting Circuits 150/5345-252 SpedficatCn br L-823 Plug and Receptacle. Cable Connectors CHG 1 & 2 150,5345-27C Specfication for Wind Corte A=embliios 150/S345-28C Frrx+on Approach Path Indramor (PAP!) Systems CHG i50/5345-39B FAA SpocNic:tton 1-253. Runway and Taxiway Centorfine r+erore1ectve M=-kers CHG 1 15C/5345-42C Specfication for Airport Ught Bases. Transformer Housings. Juncion CHG 1 Boxes and Acoessoriss 150/5345--43C Specification for Obstruction Lighting Equipriont 150,5345-44E Specification tor Taxiway and ,Runway Signs 1150/5345-45A Lightweight Aoproacr Light Structure '4.C/5345-VOA Spec fiction to Rumray and Taxiway Light Fixtures 150/5345- 47A Isolation Transformers for Airport lignting Systems if 0/6.345-1..A Specification 1-854. Radio Control Equipment 150/55345-50 Specification for P5rabie Runway Lights CHG 1 15C/53e5-51 S?eca csten !or Disc' Fu arge`Type c►rr Euipme* t CHG 1 153:5345-52 Generic Visud Gidealope Indimbr (GVG:) .5Ci5360-9 ?tanning and Dcs:gn of Airport Terminal Fadites at Non-Hvb Loc:::c-is t50;5360-" 2 Airport Signing b Graphics 150:5360-13 Planning and Design Guidance for Airport Terminal Faofrees 15C:5370-2C Operational Safety on Airports During Cons7vc cn 150/S370-63 Consaucton Progress and !nspedion Report --Airport Grant Program 150:S570-1CA Standards tor Specifying Constrvcdo' of A pons CHG 11241/4'5 1153'5370-11 Use of Nondestructive Testing Devices in the Evaluation of Arrpor. Ps: srnsns CHG 1 150'5370-12 Cualtty Control of Construction for Airport Gant Projecs 150!5390-2 Heiport Des±yn 15O539"J-3 Verupor. Design STANDARD DOT TITLE VI ASSURANCES The Yakima Air Terminal Board (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 cr operated in compliance with all requirements cf the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in ever, 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 cr for the accuis_ticn of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. S. It will include the appropriate clauses set forth in Attachment 2 cf this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar acreements entered int.^, by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired cr improved with Federal financial assistance under this project; and (b) for the construction or use of or access tc space on, over, cr 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, cr 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 _„_ wh_ca Federal financial assistance is extended, cr for anct e_ tur-cse involving the provision of similar services or bene=its; cr (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 2-2-94 Yakima Air Terminal By (Sponsor) (Signature of Autlzed Official) Bruce W. Loy, Airport Manager CONTRACTOR CONTRACTUAL REOUIREMENTS 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: I. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation thereinafter. "DOT') Title 49. Code of Federal Regulations. Part 21. as they may be amended from time to time thereinafter 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 perforated 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 uririn. 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 esclusiYe 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 contractors noncompliance with the nondiscrimination provisions of this contract. the sponsor shall impose such contract sanctions as it or the FAA ma% determine to be appropriate, including. but not limited to: a. Withholding of pannnents to the contactor 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 in every subcontract. including procurements of materials and leases of equipment. unless exempt by the Regulations or directi' es issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the F4.a may direct as a means of enforcing such prn'isions including sanctions for noncompliance. Provided. however. that in the event a contractor becomes imol ed 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 L nited States to enter into such litigation to protect the interest of the L nited States. CLAUSES FOR DEEDS, LICENSES. LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds. license,. leases, permits. or similar instruments entered into by the Sponsor pursuant to the prowiyions of -assurances 5 a1 and 511)1. 1. The (grantee. licensee. permitter. etc., as appropriate) fur himself. his heirs. personal representatives. successors in interest, and assigns. as a part of the consideration hereof. does hereby covenant and agree (cn the case nl' 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 sen ices 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 heir,. 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 anw rt. over. or under such 1.::111 and the furnishing of ser. ice; thereon. no ,; _rounds of race. color..,r n.rti.in.rl 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, and 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 an 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 it's instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submissions 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. Sponsors Authorized Repre tive: Signed: Bruce W. Loy Title: Airport Manager Date:February 2, 1994 REOUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: Yakima Air Terminal LOCATION: Yakima, Washington AIP PROJECT NO: AIP-3-53-0089-14 STATEMENTS APPLICABLE TO THIS PROJECT: 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. 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 refuse, or a historical site under Federal, State or Local jurisdiction. 6.1_ET.- 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. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. �o The above statement have been duly considered and are applicable to this project. Provide comment for any statement not checked. By: Title: Airport Manager Date: February 2, 1994