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HomeMy WebLinkAboutR-2023-170 Resolution authorizing a grant application for the Yakima Air Terminal Building Modernization project to the Federal Aviation Administration (FAA) for Capital Improvement Projects at theYakima Air Terminal-McAllister Field RESOLUTION NO. R-2023-170 A RESOLUTION authorizing a grant application for the Yakima Air Terminal Building Modernization project to the Federal Aviation Administration (FAA) for Capital Improvement Projects at the Yakima Air Terminal-McAllister Field. WHEREAS, the City owns and operates the Yakima Air Terminal-McAllister Field in accordance with applicable Federal, State, and Local regulations; and WHEREAS, the Federal Aviation Administration makes federal grants available to airports to maintain and improve airport facilities; and WHEREAS, the Yakima Air Terminal-McAllister Field has been notified that grant funds may be available to maintain and/or improve the airport upon submission of completed grant applications and satisfaction of certain conditions; and WHEREAS, the Yakima Air Terminal-McAllister Field has recently completed an Airport Master Plan Update, which details a variety of Federal Aviation Administration required capital improvement projects, including construction and extension of the airport's Terminal Facility's infrastructure. Terminal Building Modernization Project - Phase 1A will include the design, construction and bidding services. WHEREAS, the grant application will request a total of approximately Five Million Dollars ($5,000,000) dollars in Supplemental Discretionary funding administered by the Federal Aviation Administration, of which the Federal Aviation Administration will provide up to 90% of the funds needed for capital improvements and the airport will match amount of $555,556 through its Passenger Facility Charge program for said projects. WHEREAS, the City Council deems it to be in the best interest of the City and its residents to authorize submission of the grant application to the Federal Aviation Administration for grant funds needed to accomplish the identified capital improvements and, if grant funds are awarded, to accept the funds for the purposes identified in the grant application, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to submit a completed grant application to the Federal Aviation Administration for the Yakima Air Terminal Building Modernization project for the Yakima Air Terminal-McAllister Field. If grant funds are awarded, the City Manager is further authorized and directed to accept and spend said grant funds to be applied to the purposes specified above. ADOPTED BY THE CITY COUNCIL this 5th day of December, 2023. ATTEST: Janice Deccio, ayor * SEAL y osalinda Ibarra, City Clerk —*- q'''HING-\G OMB Number 4040-0004 Expiration Date 11/30/2025 Application for Federal Assistance SF-424 *1. Type of Submission. *2. Type of Application *If Revision, select appropriate letter(s) ❑ Preapplication ❑X New ElApplication ElContinuation *Other(Specify) ❑ Changed/Corrected Application ❑ Revision *3. Date Received 4. Applicant Identifier YKM 5a. Federal Entity Identifier *5b Federal Award Identifier: 3-53-0089-058-2024 State Use Only: 6 Date Received by State: 7. State Application Identifier 8. APPLICANT INFORMATION: *a. Legal Name City of Yakima *b. Employer/Taxpayer Identification Number(EIN/TIN) *c. UEI 91-6001293 FJN NX1 XFJ9K3 d. Address: *Street 1 129 2nd Street Street 2. *City Yakima County/Parish. *State. WA *Province *Country. USA: United States *Zip/Postal Code 98901-2637 e. Organizational Unit: Department Name Division Name f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. *First Name. Robert Middle Name. *Last Name Hodgman Suffix. Title: Airport Director Organizational Affiliation *Telephone Number 509-575-6260 Fax Number *Email: Robert.Hodgman@yakimawa.gov Application for Federal Assistance SF-424 *9.Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2. Select Applicant Type. Pick an applicant type Type of Applicant 3. Select Applicant Type Pick an applicant type *Other(Specify) *10. Name of Federal Agency: Federal Aviation Administration 11.Catalog of Federal Domestic Assistance Number 20.106 CFDA Title Airport Improvement Program - *12. Funding Opportunity Number *Title. 13.Competition Identification Number. Title 14.Areas Affected by Project(Cities,Counties,States,etc.): *15. Descriptive Title of Applicant's Project Terminal Building Modernization Project- Phase 1A. This phase will include the design, construction and construction administration services. Attach supporting documents as specified in agency instructions. Application for Federal Assistance SF-424 16.Congressional Districts Of: *a Applicant WA-004 *b Program/Protect WA-004 Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project *a. Start Date. 01/29/2024 *b. End Date 09/30/2026 18. Estimated Funding($): *a. Federal $5,000,000 *b. Applicant $555,556 *c. State $ 0 *d. Local $ 0 *e. Other $ 0 *f. Program Income $0 *g. TOTAL $5,555,556 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ❑X c. Program is not covered by E.O 12372 *20. Is the Applicant Delinquent On Any Federal Debt? ❑ Yes ❑X No If"Yes",explain: 21. *By signing this application, I certify(1)to the statements contained in the list of certifications**and (2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances**and agree to comply with any resulting terms if I accept an award. I am aware that any false,fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S.Code,Title 218, Section 1001) ❑X **I AGREE **The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix *First Name' Bob Middle Name. *Last Name Harrison Suffix' *Title City Manager *Telephone Number: 509 575 6000 Fax Fax Number: CITY UUN I K„(.I ,aec�a3 * Email. bob.harrison@yakimawa.gov RESOLUTION NO. Q.- 3-l-7a *Signature of Authorized Representative *Date Signed I a I (12) 3 U S Department of Transportation OMB CONTROL NUMBER.2120-0569 Federal Aviation Administration EXPIRATION DATE 6/30/2023 Application for Federal Assistance (Development and Equipment Projects) PART II — PROJECT APPROVAL INFORMATION Part II -SECTION A The term "Sponsor"refers to the applicant name provided in box 8 of the associated SF-424 form. Item 1. Does Sponsor maintain an active registration in the System for Award Management ❑X Yes ❑No (www.SAM.gov)? Item 2. Can Sponsor commence the work identified in the application in the fiscal year the Yes ❑ No ❑ N/A grant is made or within six months after the grant is made, whichever is later? Item 3. Are there any foreseeable events that would delay completion of the project? If yes, ❑Yes ❑X No ❑N/A provide attachment to this form that lists the events. Item 4. Will the project(s)covered by this request have impacts or effects on the environment that require mitigating measures? If yes, attach a summary listing of ❑Yes El No ❑ N/A mitigating measures to this application and identify the name and date of the environmental document(s). Item 5. Is the project covered by this request included in an approved Passenger Facility Charge (PFC)application or other Federal assistance program? If yes, please ❑X Yes ❑No ❑N/A identify other funding sources by checking all applicable boxes. ❑X The project is included in an approved PFC application. If included in an approved PFC application, does the application only address AIP matching share? ❑X Yes ❑No ❑ The project is included in another Federal Assistance program. Its CFDA number is below. Item 6. Will the requested Federal assistance include Sponsor indirect costs as described in Yes ❑X No ❑N/A 2 CFR Appendix VII to Part 200, States and Local Government and Indian Tribe Indirect Cost Proposals? If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply. ❑ De Minimis rate of 10% as permitted by 2 CFR§200.414. ❑ Negotiated Rate equal to % as approved by (the Cognizant Agency) on (Date) (2 CFR part 200, appendix VII). Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs. FAA Form 5100-100(8/20)SUPERSEDES PREVIOUS EDITION Page 1 of 7 OMB CONTROL NUMBER:2120-0569 OMB EXPIRATION DATE.6/30/2023 PART II -SECTION B Certification Regarding Lobbying The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached. The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form. The Authorized Representative certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3)The Authorized Representative shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. FAA Form 5100-100(8/20)SUPERSEDES PREVIOUS EDITION Page 2 of 7 OMB CONTROL NUMBER 2120-0569 OMB EXPIRATION DATE.6/30/2023 PART II—SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use—The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The City has implemented land use criteria and an airport overlay zone that helps to ensure compatible land use adjacent to the airport. See ALP land use drawing. 2. Defaults—The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities—There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows: None 4. Consistency with Local Plans—The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Yes, this plan is consistent with state and local plans. 5. Consideration of Local Interest— It has given fair consideration to the interest of communities in or near where the project may be located. Yes 6. Consultation with Users— In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project(§47105(a)(2)). Yes, as a part of the public process during the last ALP and Master Plan update. 7. Public Hearings— In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. NA 8. Air and Water Quality Standards— In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. NA FAA Form 5100-100(8/20)SUPERSEDES PREVIOUS EDITION Page 3 of 7 OMB CONTROL NUMBER 2120-0569 OMB EXPIRATION DATE.6/30/2023 PART II—SECTION C (Continued) 9. Exclusive Rights—There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None,there is no grant of an exclusive right at Yakima Air Terminal - McAllister Field. 10. Land—(a)The sponsor holds the following property interest in the following areas of land, which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit"A". [1] The City of Yakima is the sole property owner of the airport. The land interests owned by the sponsor are shown on the current"Exhibit A"dated October 2020 that is on file with the FAA SEA ADO. The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit"A". [1] NA (c)The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit"A". [1] NA State the character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases,etc.The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100(8/20)SUPERSEDES PREVIOUS EDITION Page 4 of 7 OMB CONTROL NUMBER.2120-0569 OMB EXPIRATION DATE 6/30/2023 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A—GENERAL 1. Assistance Listing Number: 20.106 2. Functional or Other Breakout: Airport Improvement Program SECTION B—CALCULATION OF FEDERAL GRANT Latest Approved Adjustment Total Cost Classification Amount +or(-)Amount Amount (Use only for (Use only for Required revisions) revisions) 1. Administration expense $ 10,000 2. Preliminary expense 3. Land,structures, right-of-way 4. Architectural engineering basic fees 5. Other Architectural engineering fees 1,312,600 6. Project inspection fees 750,000 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 3,482,956 12. Equipment 13. Miscellaneous 14. Subtotal(Lines 1 through 13) $ 5,555,556 15. Estimated Income(if applicable) 16. Net Project Amount(Line 14 minus 15) 5,555,556 17. Less: Ineligible Exclusions(Section C, line 23 g.) 18.Subtotal(Lines 16 through 17) $5,555,556 19. Federal Share requested of Line 18 5,000,000 20. Grantee share 555,556 21. Other shares 22. TOTAL PROJECT(Lines 19,20&21) $ 5,555,556 FAA Form 5100-100(8/20)SUPERSEDES PREVIOUS EDITION Page 5 of 7 OMB CONTROL NUMBER.2120-0569 OMB EXPIRATION DATE 6/30/2023 SECTION C—EXCLUSIONS Amount Ineligible for 23.Classification (Description of non-participating work) Participation a. b. c. d. e. f. g. Total SECTION D—PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 24.Grantee Share—Fund Categories Amount a. Securities b. Mortgages c.Appropriations(by Applicant) 555,556 d. Bonds e.Tax Levies f. Non-Cash g.Other(Explain). h.TOTAL-Grantee share $ 555,556 25.Other Shares Amount a. State b.Other c.TOTAL-Other Shares 26.TOTAL NON-FEDERAL FINANCING $ 555,556 SECTION E—REMARKS (Attach sheets if additional space is required) This is a Community Project Supplemental Discretionary Funds and Associated with BIL grant 3-53-0089-057-2024 FAA Form 5100-100(8/20)SUPERSEDES PREVIOUS EDITION Page 6 of 7 OMB CONTROL NUMBER:2120-0569 OMB EXPIRATION DATE 6/30/2023 PART IV—PROGRAM NARRATIVE (Suggested Format) PROJECT: AIP 3-53-0089-058-2024 AIRPORT: Yakima Air Terminal - McAllister Field 1. Objective: The YKM terminal was constructed in the '50s and is in dire need of modernization due to dilapidated/antiquated infrastructure, lack of proper safety/security standards, and shortfall in building/energy codes. The project will include architectural/engineering services to evaluate and design the first phase of terminal improvements which is focused heavily on replacement/upgrades to building mechanical/infrastructure systems. This phase will also include construction and construction administration services. 2. Benefits Anticipated: The terminal improvements will be designed to meet current building codes including energy codes. Green energy will be utilized to the extent possible as well as evaluation of efficiency standards in all major building systems. Reliability of the building systems will also be greatly increased. 3. Approach: (See approved Scope of Work in Final Application) An environmental Categorical Exclusion was issued by the FAA in January of 2022. The first phase of construction will be evaluated and designed from January 2024 to Fall 2024. The construction element of this project is planned to be advertised in June of 2024 with bid opening planned for July, 2024. Construction will commence as soon as contracts are in place between the City of Yakima and the apparent low bidder. 4. Geographic Location: Yakima, Washington 5. If Applicable, Provide Additional Information: Yakima Air Terminal - McAllister Field 6. Sponsor's Representative: (include address&telephone number) Mr. Bob Harrison, City Manager 509 575 6000 City of Yakima 129 North Second Street, Yakima, WA 98901 FAA Form 5100-100(8/20)SUPERSEDES PREVIOUS EDITION Page 7 of 7 CIP DATA SHEET AIRPORT Yakima Air Terminal - McAllister FieldlLOCID I YKM LOCAL PRIORITY 1 PLANNED YEAR TO 2024 PROJECT DESCRIPTION Terminal Building Modernization Project - Phase 1A CONSTRUCT SKETCH: I• , 'OW /4 m,gpy.'?:. '. V v.L t v .J fir~ 65� 1p,'lwiI egi WI li.a,r,gi-.- _. mm�m M ��m_r _ 1��-r ��, " ! ' e Pro'ect Limits i ro . "a--2.01— irlimill -...\, II-- • — 1p.,..j._II_ laz 11mA 11 ii � � j \ , iJI // u'J `� ,30 Zi \ -i! . .„._ F fix; 01, /v.\ JUSTIFICATION: I The Yakima Air Terminal - McAllister Field is in need of a Terminal modernization project. This phase will include the design, construction and construction administration phases in preparation for construction in late 2024. The project will be scaled to include approximately$5 million worth of building improvements. COST ESTIMATE: ADMINISTRATION: $10.000 _ 1.Construction $3.482.956 4 $ ENGINEERING: $1.312.600 _ 2 $ . 5 $ INSPECTION: $750,000 3 $ TOTAL: $5,555,556 Federal( %) $5,000,000 State $ Local( %) $ 555,556 SPONSOR VERIFICATION: Date (see instruction sheet or attached comments for more information) For each and every 2020 -Date of approved ALP with project shown project as applicable 2022 -Date of environmental determination(ROD,FONSI,CatEx) NA -Date of land acquisition or signed purchase agreement NA -Date of pavement maintenance program NA -Date of Benefit Cost Analysis(BCA)as required SPONSOR'S SIGNATURE: //f�.—..— DATE: )i it f/ 2 . PRINTED NAME• )1'NJ 1/IIC (,G''c'— TITLE: ,/1'74-'1'G f10.--c-%ic:+S 4.1;i,44-4:4 wrt , :7C• PHONE NUMBER: EMAIL. FAA USE ONLY PREAPP NUMBER GRANT NUMBER NPIAS CODE WORK CODE FAA PRIORITY FEDERAL$ TITLE VI PRE-AWARD SPONSOR CHECKLIST Airport/Sponsor: City of Yakima, Yakima Air Terminal — McAllister Field, YKM AIP#: 3-53-0089-058-2024 Project Description(s): Terminal Building Modernization Project— Phase 1A 1) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data concerning the race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or national origin. ® None 2) Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor. Include a summary of the findings. ® None (If"None", continue with questions 3 and 4). 3) Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. Z None 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. Z None To z`e co plet d . the Civp Rights Staff Review completed and approved: • - r Signature 1 Date: a�, �1 . D This checklist is only required for projects that involve one of the following Environmental Assessment or Impact Statement(EIS); airport or runway relocation, major runway extension; relocation of any structure of person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population. Return to: FAA,Civil Rights,Northwest Mountain Region; 1601 Lind Ave. SW; Renton,WA 98057-3356. FAX: (425) 227-1009 Phone(425)227-2009 STANDARD DOT TITLE VI ASSURANCES City of Yakima (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act,the Regulations, and this assurance. Page 1 of 2 STANDARD DOT TITLE VI ASSURANCES (Continued) 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED /1,/5-/7 3 City of Yakima (Sponsor) // ,fir '' v. -__.—_' (Signature of Authorized Official) Page 2 of 2 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: Yakima Air Terminal—McAllister Field, YKM LOCATION. Yakima, WA AIP PROJECT NO.: 3-53-0089-058-2024 STATEMENTS APPLICABLE TO THIS PROJECT Terminal Building Modernization Project— Phase 1A ® a. INTEREST OF NEIGHBORING COMMUNITIES. In formulating this project, consideration has been given to the interest of communities that are near(Exact name of airport) Yakima Air Terminal — McAllister Field. ® b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction. ® c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing Yakima Air Terminal— McAllister Field, and they have been informed regarding the scope and nature of this project. ® d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked). BY: V ' % ATE: I CA `3b? TITLE: City Manager SPONSORING AGENCY: City of Yakima NOTE: Where opposition is stated to an airport development project,whether expressly or by proposed revision,the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; b The nature and basis of opposition; c. Sponsor's plan to accommodate or otherwise satisfy the opposition, d Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community e. If the opponents proposed any alternatives,what these alternatives were and the reason for nonacceptance; f Sponsor's plans, if any,to minimize any adverse effects of the project, g Benefits to be gained by the proposed development, and h Any other pertinent information which would be of assistance in determining whether to proceed with the project CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 1 Signed - Date i' C21 .D.u?"• Sponsor's Authorized Representative City Manager Title ,�zPc �q�r;o o � - ,4 •d 2 FAA Airports ��'�/STRP/ ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein,the term "public agency sponsor" means a public agency with control of a public-use airport;the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor,these assurances are incorporated in and become part of this Grant Agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project,or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty(20)years from the date of acceptance of a grant offer of Federal funds for the project. However,there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.There shall be no limit on the duration of the terms,conditions,and assurances with respect to real property acquired with federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10)years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this Grant Agreement,only Assurances 1, 2, 3, 5, 6, 13, 18, 23,25, 30, 32, 33,34, and 37 in Section C apply to planning projects.The terms,conditions, and Airport Sponsor Assurances 5/2022 Page 1 of 19 assurances of this Grant Agreement shall remain in full force and effect during the life of the project;there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that: 1. General Federal Requirements It will comply with all applicable Federal laws, regulations, executive orders, policies,guidelines, and requirements as they relate to the application, acceptance,and use of Federal funds for this Grant including but not limited to the following: FEDERAL LEGISLATION a. 49 U.S.C. subtitle VII,as amended. b. Davis-Bacon Act,as amended — 40 U.S.C. §§3141-3144, 3146,and 3147,et seq.1 c. Federal Fair Labor Standards Act—29 U.S.C. § 201, et seq. d. Hatch Act—5 U.S.C. § 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C. §4601,et seq.1,2 f. National Historic Preservation Act of 1966—Section 106—54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974—54 U.S.C. § 312501,et seq.1 h. Native Americans Grave Repatriation Act—25 U.S.C. §3001,et seq. i. Clean Air Act, P.L. 90-148, as amended—42 U.S.C. §7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended—16 U.S.C. § 1451,et seq. k. Flood Disaster Protection Act of 1973—Section 102(a)-42 U.S.C. §4012a.1 I. 49 U.S.C. §303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973—29 U.S.C. § 794. n. Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990,as amended, (42 U.S.C.§ 12101 et seq.) (prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975—42 U.S.C. §6101,et seq. q. American Indian Religious Freedom Act, P.L.95-341, as amended. r. Architectural Barriers Act of 1968, as amended—42 U.S.C. §4151, et seq.' s. Powerplant and Industrial Fuel Use Act of 1978—Section 403—42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act—40 U.S.C. §3701, et seq.1 u. Copeland Anti-kickback Act—18 U.S.C. §874.1 Airport Sponsor Assurances 5/2022 Page 2 of 19 v. National Environmental Policy Act of 1969—42 U.S.C. §4321, et seq.' w. Wild and Scenic Rivers Act, P.L.90-542,as amended—16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984—31 U.S.C. §7501, et seq.2 y. Drug-Free Workplace Act of 1988-41 U.S.C. §§8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Build America, Buy America Act, P.L. 117-58,Title IX. EXECUTIVE ORDERS a. Executive Order 11246—Equal Employment Opportunity' b. Executive Order 11990—Protection of Wetlands c. Executive Order 11998—Flood Plain Management d. Executive Order 12372—Intergovernmental Review of Federal Programs e. Executive Order 12699—Seismic Safety of Federal and Federally Assisted New Building Construction' f. Executive Order 12898—Environmental Justice g. Executive Order 13166—Improving Access to Services for Persons with Limited English Proficiency h. Executive Order 13985—Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government i. Executive Order 13988—Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation j. Executive Order 14005—Ensuring the Future is Made in all of America by All of America's Workers k. Executive Order 14008—Tackling the Climate Crisis at Home and Abroad FEDERAL REGULATIONS a. 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200—Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards.a,5 c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment. d. 14 CFR Part 13—Investigative and Enforcement Procedures. e. 14 CFR Part 16—Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150—Airport Noise Compatibility Planning. Airport Sponsor Assurances 5/2022 Page 3 of 19 g. 28 CFR Part 35—Nondiscrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR §50.3—U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1—Procedures for Predetermination of Wage Rates.' j. 29 CFR Part 3—Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.' k. 29 CFR Part 5—Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).1 I. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor(Federal and Federally-assisted contracting requirements).' m. 49 CFR Part 20—New Restrictions on Lobbying. n. 49 CFR Part 21—Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23—Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.'•2 q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r. 49 CFR Part 27—Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.' s. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30—Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32—Governmentwide Requirements for Drug-Free Workplace (Financial Assistance). v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities(ADA). w. 49 CFR Part 38—Americans with Disabilities Act(ADA)Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41—Seismic Safety. FOOTNOTES TO ASSURANCE(C)(1) 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance.Any requirement levied upon State and Local Governments by this regulation shall Auport Sponsor Assurances 5/2022 Page 4 of 19 apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. s Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms,conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein;to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary,to the landing area of the airport or site thereof,or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms,conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere Airport Sponsor Assurances 5/2022 Page 5 of 19 with such performance by the sponsor.This shall be done in a manner acceptable to the Secretary. b. Subject to the FAA Act of 2018, Public Law 115-254,Section 163, it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or,for a noise compatibility program project, that portion of the property upon which Federal funds have been expended,for the duration of the terms, conditions,and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code,to assume the obligations of this Grant Agreement and to have the power,authority, and financial resources to carry out all such obligations,the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms,conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary,that agreement shall obligate that government to the same terms, conditions,and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project.That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code,the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence,or zoned for residential use,to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 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. Airport Sponsor Assurances 5/2022 Page 6 of 19 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway,or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social,and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further,for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport,an airport runway,or a major runway extension at a medium or large hub airport,the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any,a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance-Management. With respect to a project approved after January 1, 1995,for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. §44706,and all the security equipment required by rule or regulation,and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System,Audit,and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant,the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project.The Airport Sponsor Assurances 5/2022 Page 7 of 19 accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States,or any of their duly authorized representatives,for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant.The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six(6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of$2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages,to be predetermined by the Secretary of Labor under 40 U.S.C. §§3141-3144, 3146,and 3147, Public Building, Property,and Works),which contractors shall pay to skilled and unskilled labor,and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor(except in executive, administrative,and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. §47112. However,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction,or other performance under this Grant Agreement, and, upon approval of the Secretary,shall be incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications,and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary.Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. Airport Sponsor Assurances 5/2022 Page 8 of 19 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish,disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States,shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith,with due regard to climatic and flood conditions.Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance,the sponsor will have in effect arrangements for: 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying pilots 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 Airport Sponsor Assurances 5/2022 Page 9 of 19 facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport(including established minimum flight altitudes)will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action,to the extent reasonable, including the adoption of zoning laws,to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use,within its jurisdiction,that will reduce its compatibility,with respect to the airport,of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person,firm,or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport,the sponsor will insert and enforce provisions requiring the contractor to: 1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof,and 2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates,or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates,fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant,or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations,conditions, rates,fees, rentals,and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable Airport Sponsor Assurances 5/2022 Page 10 of 19 classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person,firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling)that it may choose to perform. 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 commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing,or intending to provide, aeronautical services to the public. For purposes of this paragraph,the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome,or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not,either directly or indirectly,grant or permit any person,firm,or corporation,the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training,aircraft rental and sightseeing, aerial photography,crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts,and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity,and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport,taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development,airport planning or noise compatibility project for Airport Sponsor Assurances 5/2022 Page 11 of 19 which a Grant is made under Title 49, United States Code,the Airport and Airway Improvement Act of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,will be expended by it for the capital or operating costs of the airport;the local airport system;or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property;or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport,to support not only the airport but also the airport owner or operator's general debt obligations or other facilities,then this limitation on the use of all revenues generated by the airport(and, in the case of a public airport, local taxes on aviation fuel)shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land,this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale.This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period)of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. §47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct that the audit will review,and the resulting audit report will provide an opinion concerning,the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. §47107. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the Airport Sponsor Assurances 5/2022 Page 12 of 19 public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases,operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms,conditions,and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use,for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that: a. Five (5)or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements(counting each landing as a movement)of Government aircraft is 300 or more,or the gross accumulative weight of Government aircraft using the airport(the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water,or estate therein 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. Airport Sponsor Assurances 5/2022 Page 13 of 19 29. Airport Layout Plan. a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254,Section 163, it will keep up to date at all times an airport layout plan of the airport showing: 1. boundaries of the airport and all proposed additions thereto,together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2. the location and nature of all existing and proposed airport facilities and structures (such as runways,taxiways, aprons,terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon;and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision,or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan.The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased,or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary,the owner or operator will, if requested, by the Secretary: 1. eliminate such adverse effect in a manner approved by the Secretary;or 2. bear all costs of relocating such property(or replacement thereof)to a site acceptable to the Secretary and all costs of restoring such property(or replacement thereof)to the level of safety, utility, efficiency,and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race,color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252,42 U.S.C. §§ 2000d to 2000d-4);creed and sex(including sexual orientation and gender identity) per 49 U.S.C. §47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements;or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from,funds received from this Grant. Airport Sponsor Assurances 5/2022 -�-- Page 14 of 19 a. Using the definitions of activity,facility, and program as found and defined in 49 CFR §§ 21.23(b)and 21.23(e),the sponsor will facilitate all programs,operate all facilities,or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities,these requirements extend to all of the sponsor's programs and activities. 2. Facilities.Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter,or acquire a facility,or part of a facility,the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property.Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property,the assurance will extend to rights to space on, over,or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport,or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The((Selection Criteria:Sponsor Namel), in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252,42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses,or disadvantaged business enterprises or airport concession disadvantaged business enterprises]will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race,color, national origin (including limited English proficiency),creed, sex(including sexual orientation and gender identity), age,or disability in consideration for an award." e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT),and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations. Airport Sponsor Assurances 5/2022 Page 15 of 19 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use,or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race,color, national origin (including limited English proficiency), creed, sex(including sexual orientation and gender identity),age,or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project,or program; and b. For the construction or use of,or access to, space on,over, or under real property acquired or improved under the applicable activity, project,or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants,transferees,successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts,the regulations,and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts,the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time.That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or(2) transferred to another eligible airport as prescribed by the Secretary.The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114,47115,or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes,the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development Airport Sponsor Assurances 5/2022 Page 16 of 19 project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes(other than noise compatibility), it will,when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land.That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary.The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§47114,47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if(1) it may be needed for aeronautical purposes(including runway protection zones)or serve as noise buffer land, and (2)the revenue from interim uses of such land contributes to the financial self- sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987,was notified by the operator or owner of the uses of such land,did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under(a), (b),or(c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., 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 in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., 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 Airport Sponsor Assurances 5/2022 Page 17 of 19 the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies,Standards,and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars(https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf)for AIP projects as of[Selection Criteria: Project Application Date]. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property,to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement,comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit,to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race,color, national origin,or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26,or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition,the sponsor shall not discriminate on the basis of race,color, national origin or sex in the administration of its Disadvantaged Business Enterprise(DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26.The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts,and/or concession contracts.The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program,the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§3801-3809, 3812). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. Airport Sponsor Assurances 5/2022 Page 18 of 19 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. §47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport,the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any,the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Sponsor Assurances 5/2022 Page 19 of 19 �,)4 ;'i FAA ;- . Airports ya4S ���o Current FAA Advisory Circulars Required for Use in AIP Funded, BIL Funded, and PFC Approved Projects Updated' 11/17/2022 View current and previous versions of these ACs and any associated changes at. http://www.faa.gov/airports/resources/advisory circulars and http://www.faa.qov/requlations policies/advisory circulars/. NUMBER TITLE 70/7460-1M Obstruction Marking and Lighting 150/5000-9B Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations 150/5000-17 Critical Aircraft and Regular Use Determination 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B, Airport Master Plans Changes 1 - 2 150/5070-7 The Airport System Planning Process Change 1 150/5100-13C Development of State Aviation Standards for Airport Pavement Construction 150/5200-28G Notices to Airmen (NOTAMs) for Airport Operators 150/5200-30D, Airport Field Condition Assessments and Winter Operations Safety Changes 1 - 2 150/5200-31C, Airport Emergency Plan Changes 1 -2 150/5200-33C Hazardous Wildlife Attractants on or near Airports 1 All grant recipients are responsible for reviewing errata sheets and addendums pertaining to these Advisory Circulars. FAA Advisory Circulars Required for Use in AIP Updated 11/17/2022 Page 1 of 5 Funded,BIL Funded and PFC Approved Projects ARP NUMBER TITLE 150/5200-34A Construction or Establishment of Landfills Near Public Airports 150/5200-38 Protocol for the Conduct and Review of Wildlife Hazard Site Visits, Wildlife Hazard Assessments, and Wildlife Hazard Management Plans 150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport 150/5210-7D Aircraft Rescue and Fire Fighting Communications 150/5210-13C Airport Water Rescue Plans and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210-15A Aircraft Rescue and Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel 150/5210-19A Driver's Enhanced Vision System (DEVs) 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF)Vehicles 150/5220-16E, Automated Weather Observing Systems (AWOS)for Non-Federal Change 1 Applications 150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20A Airport Snow and Ice Control Equipment 150/5220-21C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting Systems (EMAS)for Aircraft Overruns 150/5220-23A Frangible Connections 150/5220-24 Airport Foreign Object Debris (FOD) Detection Equipment 150/5220-25 Airport Avian Radar Systems 150/5220-26, Airport Ground Vehicle Automatic Dependent Surveillance- Broadcast(ADS- Changes 1 -2 B) Out Squitter Equipment 150/5230-4C Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports 150/5300-13B Airport Design 150/5300-14D Design of Aircraft Deicing Facilities 150/5300-15A Use of Value Engineering for Engineering and Design of Airport Grant Projects FAA Advisory Circulars Required for Use in AIP Updated 11/17/2022 Page 2 of 5 Funded,BIL Funded,and PFC Approved Projects ARP NUMBER TITLE 150/5300-16B General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-17C, Standards for Using Remote Sensing Technologies in Airport Surveys Change 1 150/5300-18B, General Guidance and Specifications for Submission of Aeronautical Surveys Change 1 to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5300-19 Airport Data and Information Program 150/5320-5D Airport Drainage Design 150/5320-6G Airport Pavement Design and Evaluation 150/5320-12C, Measurement, Construction, and Maintenance of Skid Resistant Airport Changes 1 - 8 Pavement Surfaces 150/5320-15A Management of Airport Industrial Waste 150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals 150/5325-4B Runway Length Requirements for Airport Design 150/5335-5D Standardized Method of Reporting Airport Pavement Strength- PCR 150/5340-1 M, Standards for Airport Markings Change 1 150/5340-5D Segmented Circle Airport Marker System 150/5340-18G, Standards for Airport Sign Systems Change 1 150/5340-26C Maintenance of Airport Visual Aid Facilities 150/5340-30J Design and Installation Details for Airport Visual Aids 150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting 150/5345-5B Specifications for Airport Lighting Circuit Selector Switch 150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10H Specification for Constant Current Regulators and Regulator Monitors 150/5345-12F Specification for Airport and Heliport Beacons FAA Advisory Circulars Required for Use in AIP Updated 11/17/2022 Page 3 of 5 Funded,BIL Funded,and PFC Approved Projects ARP NUMBER TITLE 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26E FAA Specification For L-823 Plug and Receptacle, Cable Connectors 150/5345-27F FAA Specification for Wind Cone Assemblies 150/5345-28H Precision Approach Path Indicator(PAPI) Systems 150/5345-39E Specification for L-853, Runway and Taxiway Retroreflective Markers 150/5345-42J Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345-43J Specification for Obstruction Lighting Equipment 150/5345-44K Specification for Runway and Taxiway Signs 150/5345-45C Low-Impact Resistant(LIR) Structures 150/5345-46E Specification for Runway and Taxiway Light Fixtures 150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49D Specification L-854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Lights 150/5345-51 B Specification for Discharge-Type Flashing Light Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) 150/5345-53D Airport Lighting Equipment Certification Program 150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-12F Airport Signing and Graphics 150/5360-13A Airport Terminal Planning 150/5360-14A Access to Airports By Individuals With Disabilities 150/5370-2G Operational Safety on Airports During Construction FAA Advisory Circulars Required for Use in AIP Updated 11/17/2022 Page 4 of 5 Funded,BIL Funded,and PFC Approved Projects ARP NUMBER TITLE 150/5370-10H Standard Specifications for Construction of Airports 150/5370-11 B Use of Nondestructive Testing in the Evaluation of Airport Pavements 150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5370-15B Airside Applications for Artificial Turf 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete)Airfield Pavements 150/5370-17 Airside Use of Heated Pavement Systems 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-7B Airport Pavement Management Program 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 150/5390-2C Heliport Design 150/5395-1 B Seaplane Bases THE FOLLOWING ADDITIONAL ADVISORY CIRCULARS APPLY TO AIP AND BIL PROJECTS ONLY NUMBER TITLE 150/5100-14E, Architectural, Engineering, and Planning Consultant Services for Airport Grant Change 1 Projects 150/5100-17, Land Acquisition and Relocation Assistance for Airport Improvement Program Changes 1 -7 Assisted Projects 150/5100-21 State Block Grant Program 150/5370-12B Quality Management for Federally Funded Airport Construction Projects FAA Advisory Circulars Required for Use in AIP Updated 11/17/2022 Page 5 of 5 Funded,BIL Funded,and PFC Approved Projects ARP Orb U.S.Department of Transportation OMB CONTROL NUMBER:2120-0569 10/ Federal Aviation Administration EXPIRATION DATE:6/30/2023 Selection of Consultants Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal-McAllister Field,YKM Project Number: 3-53-0089-058-2024 Description of Work: Terminal Building Modernization Project-Phase 1A.This phase will include the design, construction and construction administration phases in preparation for construction in late 2024. Application 49 USC §47105(d)authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR§§200.317-200.326. Sponsors may use other qualifications-based procedures provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting"Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions(2 CFR§200.318(k)). ❑x Yes ❑No ❑ N/A 2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR§200.319). ❑x Yes ❑No ❑N/A 3. Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request-for- qualifications(RFQ)from competing for the advertised services (2 CFR§200.319). ❑x Yes ❑No ❑N/A FAA Form 5100-134(8/20)SUPERSEDES PREVIOUS EDITION Page 1 of 3 4. The advertisement describes or will describe specific project statements-of-work that provide clear detail of required services without unduly restricting competition (2 CFR§200.319). p Yes ❑No ❑N/A 5. Sponsor has publicized or will publicize a RFQ that: a. Solicits an adequate number of qualified sources (2 CFR§200.320(d)); and b. Identifies all evaluation criteria and relative importance (2 CFR§200.320(d)). ❑x Yes ❑No ❑N/A 6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being a selection factor(2 CFR§200.320(d)). p Yes ❑No ❑N/A 7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2 CFR§180.300). x❑Yes ❑No ❑N/A 8. NE services covering multiple projects: Sponsor has agreed to or will agree to: a. Refrain from initiating work covered by this procurement beyond five years from the date of selection (AC 150/5100-14); and b. Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14). ❑x Yes ❑No ❑N/A 9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as most qualified for the services identified in the RFQ (2 CFR§200.323). 0 Yes ❑No ❑N/A 10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work(2 CFR§200.302). p Yes ❑No ❑N/A 11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR§200.318(i)). I]Yes ❑No ❑N/A 12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work(49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix II) ❑x Yes ❑No ❑N/A FAA Form 5100-134(8/20)SUPERSEDES PREVIOUS EDITION Page 2 of 3 13. For contracts that apply a time-and-material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish: a. Justification that there is no other suitable contract method for the services (2 CFR §200.318(j)); b. A ceiling price that the consultant exceeds at their risk (2 CFR§200.318(j)); and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR§200.318(j)). ❑Yes ❑No ❑x N/A 14. Sponsor is not using or will not use the prohibited cost-plus-percentage-of-cost(CPPC)contract method. (2 CFR§200.323(d)). ❑x Yes ❑No ❑N/A Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification I certify,for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements)and could subject me to fines, imprisonment, ,00r both. Executed on this (2 day of �jll Di' c • Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Bob Harrison Title of Sponsor's Authorized Official: City r t Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC§ 1001 (False Statements)and could subject me to fines, imprisonment, or both. FAA Form 5100-134(8/20)SUPERSEDES PREVIOUS EDITION Page 3 of 3 0111 U.S.Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE:6/30/2023 Project Plans and Specifications Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal-McAllister Field,YKM Project Number: 3-53-0089-058-2024 Description of Work: Terminal Building Modernization Project-Phase 1 A.This phase will include the design, construction and construction administration phase in preparation for construction in late 2024. Application 49 USC §47105(d)authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of Labor(www.dol.gov/). AIP Grant Assurance C.1—General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under AIP. A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting"Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term"will"means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. The plans and specifications were or will be prepared in accordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars, or FAA-accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) (14 USC §47105). ❑x Yes ❑ No ❑N/A 2. Specifications incorporate or will incorporate a clear and accurate description of the technical requirement for the material or product that does not contain limiting or proprietary features that unduly restrict competition (2 CFR§200.319). ❑x Yes Cl No ❑N/A FAA Form 5100-132(8/20)SUPERSEDES PREVIOUS EDITION Page 1 of 3 3. The development that is included or will be included in the plans is depicted on the current airport layout plan as approved by the FAA(14 USC§47107). D Yes ❑ No ❑ N/A 4. Development and features that are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications(FAA Order 5100.38, par. 3-43). D Yes ❑ No ❑ N/A 5. The specification does not use or will not use"brand name" or equal to convey requirements unless sponsor requests and receives approval from the FAA to use brand name (FAA Order 5100.38, Table U-5). D Yes ❑ No ❑ N/A 6. The specification does not impose or will not impose geographical preference in their procurement requirements (2 CFR§200.319(b)and FAA Order 5100.38, Table U-5). D Yes ❑ No ❑ N/A 7. The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2 CFR§319(d)). D Yes ❑ No ❑ N/A 8. Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor(2 CFR§200.319(a)(7)). El Yes No ❑ N/A 9. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract(FAA Order 5100.38, par. 3-57). D Yes ❑ No ❑ N/A 10. The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)). D Yes ❑ No ❑ N/A 11. The design of all buildings comply or will comply with the seismic design requirements of 49 CFR §41.120. (FAA Order 5100.38d, par. 3-92) D Yes ❑ No ❑ N/A 12. The project specification include or will include process control and acceptance tests required for the project by as per the applicable standard: a. Construction and installation as contained in Advisory Circular(AC) 150/5370-10. D Yes ❑ No ❑ N/A FAA Form 5100-132(8/20)SUPERSEDES PREVIOUS EDITION Page 2 of 3 b. Snow Removal Equipment as contained in AC 150/5220-20. ❑Yes ❑ No ❑x N/A c. Aircraft Rescue and Fire Fighting (ARFF)vehicles as contained in AC 150/5220-10. ❑Yes ❑ No ❑x N/A 13. For construction activities within or near aircraft operational areas(AOA): a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP)conforming to Advisory Circular 150/5370-2. b. Compliance with CSPP safety provisions has been or will be incorporated into the plans and specifications as a contractor requirement. c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order 5100.38, Par. 5-29). ❑x Yes ❑ No ❑ N/A 14. The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §47110(b)(1)and FAA Order 5100.38d, par. 3-100). ❑x Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify,for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this C✓ day of [ . Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Bob Harrison Title of Sponsor's Authorized Official: City Manag- Signature of Sponsor's Authorized Official: I' I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC§ 1001 (False Statements)and could subject me to fines, imprisonment, or both. FAA Form 5100-132(8/20)SUPERSEDES PREVIOUS EDITION Page 3 of 3 �1 U.S.Department of Transportation OMB CONTROL NUMBER: 2120-0569 41P/ Federal Aviation Administration EXPIRATION DATE:6/30/2023 Equipment and Construction Contracts Airport Improvement Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal-McAllister Field,YKM Project Number: 3-53-0089-058-2024 Description of Work: Terminal Building Modernization Project-Phase 1A.This phase will include the design, construction and construction administration phases in preparation for construction in late 2024. Application 49 USC §47105(d)authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General procurement standards for equipment and construction contracts within Federal grant programs are described in 2 CFR§§200.317-200.326. Labor and Civil Rights Standards applicable to the AIP are established by the Department of Labor(www.dol.gov)AIP Grant Assurance C.1—General Federal Requirements identifies all applicable Federal Laws, regulations, executive orders, policies, guidelines and requirements for assistance under the AIP. Sponsors may use state and local procedures provided the procurement conforms to these federal standards. This certification applies to all equipment and construction projects. Equipment projects may or may not employ laborers and mechanics that qualify the project as a "covered contract"under requirements established by the Department of Labor requirements. Sponsor shall provide appropriate responses to the certification statements that reflect the character of the project regardless of whether the contract is for a construction project or an equipment project. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting"Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term"will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A written code or standard of conduct is or will be in effect prior to commencement of the project that governs the performance of the sponsor's officers, employees, or agents in soliciting, awarding and administering procurement contracts (2 CFR§200.318). D Yes ❑ No ❑ N/A FAA Form 5100-131 (8/20)SUPERSEDES PREVIOUS EDITION Page 1 of 4 2. For all contracts, qualified and competent personnel are or will be engaged to perform contract administration, engineering supervision, construction inspection, and testing (Grant Assurance C.17). ❑x Yes ❑ No ❑ N/A 3. Sponsors that are required to have a Disadvantage Business Enterprise (DBE) program on file with the FAA have included or will include clauses required by Title VI of the Civil Rights Act and 49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts. ❑x Yes ❑ No ❑ N/A 4. Sponsors required to have a DBE program on file with the FAA have implemented or will implement monitoring and enforcement measures that: a. Ensure work committed to Disadvantaged Business Enterprises at contract award is actually performed by the named DBEs (49 CFR§26.37(b)); b. Include written certification that the sponsor has reviewed contract records and has monitored work sites for performance by DBE firms(49 CFR§26.37(b)); and c. Provides for a running tally of payments made to DBE firms and a means for comparing actual attainments (i.e. payments)to original commitments (49 CFR§26.37(c)). ❑x Yes ❑ No ❑ N/A 5. Sponsor procurement actions using the competitive sealed bid method (2 CFR§200.320(c)). was or will be: a. Publicly advertised, allowing a sufficient response time to solicit an adequate number of interested contractors or vendors; b. Prepared to include a complete, adequate and realistic specification that defines the items or services in sufficient detail to allow prospective bidders to respond; c. Publicly opened at a time and place prescribed in the invitation for bids; and d. Prepared in a manner that result in a firm fixed price contract award to the lowest responsive and responsible bidder. ❑x Yes ❑ No ❑ N/A 6. For projects the Sponsor proposes to use the competitive proposal procurement method (2 CFR§ 200.320(d)), Sponsor has requested or will request FAA approval prior to proceeding with a competitive proposal procurement by submitting to the FAA the following: a. Written justification that supports use of competitive proposal method in lieu of the preferred sealed bid procurement method; b. Plan for publicizing and soliciting an adequate number of qualified sources; and c. Listing of evaluation factors along with relative importance of the factors. ❑x Yes ❑ No ❑ N/A 7. For construction and equipment installation projects, the bid solicitation includes or will include the current federal wage rate schedule(s)for the appropriate type of work classifications (2 CFR Part 200, Appendix II). ❑x Yes ❑ No ❑ N/A FAA Form 5100-131 (8/20)SUPERSEDES PREVIOUS EDITION Page 2 of 4 8. Concurrence was or will be obtained from the Federal Aviation Administration (FAA)prior to contract award under any of the following circumstances(Order 5100.38D): a. Only one qualified person/firm submits a responsive bid; b. Award is to be made to other than the lowest responsible bidder; and c. Life cycle costing is a factor in selecting the lowest responsive bidder. ❑x Yes ❑ No ❑ N/A 9. All construction and equipment installation contracts contain or will contain provisions for: a. Access to Records(§200.336) b. Buy American Preferences(Title 49 U.S.C. § 50101) c. Civil Rights- General Provisions and Title VI Assurances(41 CFR part 60) d. Federal Fair Labor Standards (29 U.S.C. §201, et seq) e. Occupational Safety and Health Act requirements (20 CFR part 1920) f. Seismic Safety—building construction (49 CFR part 41) g. State Energy Conservation Requirements-as applicable(2 CFR part 200, Appendix II) h. U.S. Trade Restriction (49 CFR part 30) i. Veterans Preference (49 USC §47112(c)) ❑x Yes ❑ No ❑ N/A 10. All construction and equipment installation contracts exceeding $2,000 contain or will contain the provisions established by: a. Davis-Bacon and Related Acts (29 CFR part 5) b. Copeland"Anti-Kickback"Act(29 CFR parts 3 and 5) ❑x Yes ❑ No ❑ N/A 11. All construction and equipment installation contracts exceeding $3,000 contain or will contain a contract provision that discourages distracted driving (E.O. 13513). ❑X Yes ❑ No ❑ N/A 12. All contracts exceeding $10,000 contain or will contain the following provisions as applicable: a. Construction and equipment installation projects-Applicable clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity; b. Construction and equipment installation -Contract Clause prohibiting segregated facilities in accordance with 41 CFR part 60-1.8; c. Requirement to maximize use of products containing recovered materials in accordance with 2 CFR§200.322 and 40 CFR part 247; and d. Provisions that address termination for cause and termination for convenience (2 CFR Part 200, Appendix II). ❑x Yes ❑ No ❑ N/A FAA Form 5100-131 (8/20)SUPERSEDES PREVIOUS EDITION Page 3 of 4 13. All contracts and subcontracts exceeding $25,000: Measures are in place or will be in place (e.g. checking the System for Award Management)that ensure contracts and subcontracts are not awarded to individuals or firms suspended, debarred, or excluded from participating in federally assisted projects (2 CFR parts 180 and 1200). I] Yes ❑ No ❑ N/A 14. Contracts exceeding the simplified acquisition threshold (currently$250,000) include or will include provisions, as applicable, that address the following: a. Construction and equipment installation contracts-a bid guarantee of 5%, a performance bond of 100%, and a payment bond of 100% (2 CFR§200.325); b. Construction and equipment installation contracts- requirements of the Contract Work Hours and Safety Standards Act(40 USC 3701-3708, Sections 103 and 107); c. Restrictions on Lobbying and Influencing (2 CFR part 200, Appendix II); d. Conditions specifying administrative, contractual and legal remedies for instances where contractor of vendor violate or breach the terms and conditions of the contract(2 CFR §200, Appendix II); and e. All Contracts-Applicable standards and requirements issued under Section 306 of the Clean Air Act(42 USC 7401-7671q), Section 508 of the Clean Water Act(33 USC 1251-1387, and Executive Order 11738. p Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no"is correct and complete. Executed on this Le day of D)ce,- �3 Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Bob Harrison Title of Sponsor's Authorized Official: City M ager Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC§ 1001 (False Statements)and could subject me to fines, imprisonment, or both. FAA Form 5100-131 (8/20)SUPERSEDES PREVIOUS EDITION Page 4 of 4 �1 U.S.Department of Transportation OMB CONTROL NUMBER:2120-0569 e/ Federal Aviation Administration EXPIRATION DATE:6/30/2023 Construction Project Final Acceptance Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal - McAllister Field, YKM Project Number: 3-53-0089-058-2024 Description of Work: Terminal Building Modernization Project- Phase 1A. This phase will include the design, construction and construction administration phases in preparation for construction in late 2024. Application 49 USC §47105(d), authorizes the Secretary to require me certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program. General standards for final acceptance and close out of federally funded construction projects are in 2 CFR§200.343—Closeout and supplemented by FAA Order 5100.38. The sponsor must determine that project costs are accurate and proper in accordance with specific requirements of the grant agreement and contract documents. Certification Statements Except for certification statements below marked not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgment and confirmation of the certification statement. The term"will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. The personnel engaged in project administration, engineering supervision, project inspection, and acceptance testing were or will be determined to be qualified and competent to perform the work (Grant Assurance). ❑X Yes ❑ No ❑N/A 2. Construction records, including daily logs, were or will be kept by the resident engineer/construction inspector that fully document contractor's performance in complying with: a. Technical standards(Advisory Circular(AC) 150/5370-12); b. Contract requirements (2 CFR part 200 and FAA Order 5100.38); and c. Construction safety and phasing plan measures (AC 150/5370-2). El No El N/A 3. All acceptance tests specified in the project specifications were or will be performed and documented. (AC 150/5370-12). X❑Yes ❑ No ❑N/A FAA Form 5100-129(8/20)SUPERSEDES PREVIOUS EDITION page 1 of 3 4. Sponsor has taken or will take appropriate corrective action for any test result outside of allowable tolerances (AC 150/5370-12). Q Yes ❑ No ❑ N/A 5. Pay reduction factors required by the specifications were applied or will be applied in computing final payments with a summary made available to the FAA(AC 150/5370-10). ❑XYes No ❑ N/A 6. Sponsor has notified, or will promptly notify the Federal Aviation Administration (FAA)of the following occurrences: a. Violations of any federal requirements set forth or included by reference in the contract documents (2 CFR part 200); b. Disputes or complaints concerning federal labor standards(29 CFR part 5); and c. Violations of or complaints addressing conformance with Equal Employment Opportunity or Disadvantaged Business Enterprise requirements (41 CFR Chapter 60 and 49 CFR part 26). 0 Yes ❑ No ❑ N/A 7. Weekly payroll records and statements of compliance were or will be submitted by the prime contractor and reviewed by the sponsor for conformance with federal labor and civil rights requirements as required by FAA and U.S. Department of Labor(29 CFR Part 5). Q Yes ❑ No ❑ N/A 8. Payments to the contractor were or will be made in conformance with federal requirements and contract provisions using sponsor internal controls that include: a. Retaining source documentation of payments and verifying contractor billing statements against actual performance (2 CFR§200.302 and FAA Order 5100.38); b. Prompt payment of subcontractors for satisfactory performance of work(49 CFR§26.29); c. Release of applicable retainage upon satisfactory performance of work(49 CFR§26.29); and d. Verification that payments to DBEs represent work the DBE performed by carrying out a commercially useful function (49 CFR§26.55). Q Yes ❑ No ❑ N/A 9. A final project inspection was or will be conducted with representatives of the sponsor and the contractor present that ensure: a. Physical completion of project work in conformance with approved plans and specifications (Order 5100.38); b. Necessary actions to correct punch list items identified during final inspection are complete (Order 5100.38); and c. Preparation of a record of final inspection and distribution to parties to the contract (Order 5100.38); ❑XYes El No ❑ N/A 10. The project was or will be accomplished without material deviations, changes, or modifications from approved plans and specifications, except as approved by the FAA(Order 5100.38). El Yes ❑ No ❑ N/A FAA Form 5100-129(8/20)SUPERSEDES PREVIOUS EDITION page 2 of 3 11. The construction of all buildings have complied or will comply with the seismic construction requirements of 49 CFR§41.120. ❑X Yes ❑ No ❑ N/A 12. For development projects, sponsor has taken or will take the following close-out actions: a. Submit to the FAA a final test and quality assurance report summarizing acceptance test results, as applicable (Grant Condition); b. Complete all environmental requirements as established within the project environmental determination (Oder 5100.38); and c. Prepare and retain as-built plans (Order 5100.38). Q Yes ❑ No ❑ N/A 13. Sponsor has revised or will revise their airport layout plan (ALP)that reflects improvements made and has submitted or will submit an updated ALP to the FAA no later than 90 days from the period of performance end date. (49 USC§47107 and Order 5100.38). Q Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this Le day of - . Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Bob Harrison Title of Sponsor's Authorized Official: City Ma ger Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements)and could subject me to fines, imprisonment, or both. FAA Form 5100-129(8/20)SUPERSEDES PREVIOUS EDITION page 3 of 3 �� U S Department of Transportation OMB CONTROL NUMBER.2120-0569 s/ Federal Aviation Administration EXPIRATION DATE:6/30/2023 Drug-Free Workplace Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal-McAllister Field, YKM Project Number: 3-53-0089-058-2024 Description of Work: Terminal Building Modernization Project-Phase 1A.This phase will include the design, construction and construction administration phase in preparation for construction in late 2024. Application 49 USC§47105(d)authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug-free workplace within federal grant programs are described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a drug-free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug-Free Workplace Act of 1988. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting"Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR§ 182.205). ❑x Yes ❑ No ❑ N/A 2. An ongoing drug-free awareness program (2 CFR§ 182.215) has been or will be established prior to commencement of project to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. ❑x Yes ❑ No ❑ N/A FAA Form 5100-130(8/20)SUPERSEDES PREVIOUS EDITION Page 1 of 3 3. Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above prior to commencement of project(2 CFR§ 182.210). ❑x Yes ❑No ❑ N/A 4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR§ 182.205(c)), the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. ❑x Yes ❑ No ❑N/A 5. The Federal Aviation Administration (FAA)will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR§ 182.225). Employers of convicted employees must provide notice, including position title of the employee, to the FAA(2 CFR§ 182.300). ❑x Yes ❑No ❑ N/A 6. One of the following actions(2 CFR§ 182.225(b))will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; and b. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. ❑x Yes ❑No ❑N/A 7. A good faith effort will be made, on a continuous basis, to maintain a drug-free workplace through implementation of items 1 through 6 above (2 CFR§ 182.200). ❑x Yes ❑ No ❑ N/A Site(s) of performance of work (2 CFR§ 182.230): Location 1 Name of Location: Yakima Air Terminal-McAllister Field,YKM Address: 2300 West Washington Avenue,Yakima,WA 98903 Location 2 (if applicable) Name of Location: Address: Location 3(if applicable) Name of Location: Address: FAA Form 5100-130(8/20)SUPERSEDES PREVIOUS EDITION Page 2 of 3 Attach documentation clarifying any above item marked with a "No"response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 10 day of tDe- - -o 3 . Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Bob Harrison Title of Sponsor's Authorized Official: City Manager r,. Signature of Sponsor's Authorized Official: -ar-°''I----;' I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements)and could subject me to fines, imprisonment, or both. FAA Form 5100-130(8/20)SUPERSEDES PREVIOUS EDITION Page 3 of 3 11100 U S Department of Transportation OMB CONTROL NUMBER:2120-0569 r♦/ Federal Aviation Administration EXPIRATION DATE:6/30/2023 Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal-McAllister Field,YKM Project Number: 3-53-0089-058-2024 Description of Work: Terminal Building Modernization Project-Phase 1A.This phase will include the design, construction and construction administration phase in preparation for construction in late 2024. Application Title 2 CFR§200.112 and § 1201.112 address Federal Aviation Administration (FAA) requirements for conflict of interest.As a condition of eligibility under the Airport Improvement Program (AIP), sponsors must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award: a) The employee, officer or agent, b) Any member of his immediate family, c) His or her partner, or d) An organization which employs, or is about to employ, any of the above. Selecting "Yes" represents sponsor or sub-recipient acknowledgement and confirmation of the certification statement. Selecting"No" represents sponsor or sub-recipient disclosure that it cannot fully comply with the certification statement. If"No" is selected, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR§ 200.318(c)). The term"will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. Certification Statements 1. The sponsor or sub-recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2 CFR§200.318(c)). To the extent permitted by state or local law or regulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub-recipient's officers, employees, or agents, or by contractors or their agents. ❑x Yes ❑ No FAA Form 5100-135(8/20)SUPERSEDES PREVIOUS EDITION Page 1 of 2 2. The sponsor's or sub-recipient's officers, employees or agents have not and will not solicit or accept gratuities,favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements (2 CFR§200.318(c)). ❑x Yes ❑ No 3. The sponsor or sub-recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict of interest (2 CFR§ 1200.112). ❑x Yes ❑ No Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked "no" is correct and complete. Executed on this Lc) day of '?e_,- ; a3 Name of Sponsor: City of Yakima v" Name of Sponsor's Authorized Official: Bob Harrison Title of Sponsor's Authorized Official: City Manag 4( e of Sponsor's Authorized Official: ' t I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements)and could subject me to fines, imprisonment, or both. FAA Form 5100-135(8/20)SUPERSEDES PREVIOUS EDITION Page 2 of 2 1 s^ ! a, . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.G. For Meeting of: December 5, 2023 ITEM TITLE: Resolution authorizing a grant application for the Yakima Air Terminal Building Modernization project to the Federal Aviation Administration (FAA)for Capital Improvement Projects at the Yakima Air Terminal-McAllister Field SUBMITTED BY: Jaime Vera,Airport Operations and Maintenance Manager SUMMARY EXPLANATION: The Yakima Air Terminal-McAllister Field has recently completed an Airport Master Plan Update, which details a variety of Federal Aviation Administration required capital improvement projects, including construction and extension of the airport's Terminal Facility's infrastructure. Terminal Building Modernization Project- Phase 1 A will include the design, construction and bidding services. The grant application will request a total of approximately Five Million Dollars ($5,000,000)dollars in Supplemental Discretionary funding administered by the Federal Aviation Administration, of which the Federal Aviation Administration will provide up to 90% of the funds needed for capital improvements and the airport will match amount of $555,556 through its Passenger Facility Charge program. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type ❑ 11/21/2023 ❑ 11/21/2023 3-53-0089-058-2024 U.S.Department Airports Division Seattle Airports District Office: ell of Transportation Northwest Mountain Region 2200 S 216th St We Federal Aviation Oregon,Washington Des Moines,WA 98198 Administration December 15,2023 Mr. Bob Harrison,City Manager City of Yakima 129 N 2nd St Yakima, WA 98901 Dear Mr. Harrison: The Grant Offer for Airport Improvement Program (AIP) Project No. 3-53-0089-058-2024 at Yakima Air Terminal-McAllister Field Airport is attached for execution.This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully. You may not make any modification to the text,terms or conditions of the grant offer. Steps You Must Take to Enter Into Agreement. To properly enter into this agreement,you must do the following: 1. The governing body must give authority to execute the grant to the individual(s)signing the grant, i.e.,the person signing the document must be the sponsor's authorized representative(s) (hereinafter"authorized representative"). 2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement. 3. Once the authorized representative has electronically signed the grant,the sponsor's attorney(s) will automatically receive an email notification. 4. On the same day or after the authorized representative has signed the grant,the sponsor's attorney(s)will add their electronic signature to the appropriate certificate at the end of the agreement. 5. If there are co-sponsors,the authorized representative(s)and sponsor's attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than January 5,2024. 6. The fully executed grant will then be automatically sent to all parties as an email attachment. Payment. Subject to the requirements in 2 CFR§ 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses 1 3-53-0089-058-2024 consistent with project progress.Your grant may be placed in "inactive" status if you do not make draws on a regular basis,which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance. Reporting. Until the grant is completed and closed,you are responsible for submitting formal reports as follows: • For all grants,you must submit by December 31st of each year this grant is open: 1. A signed/dated SF-270(Request for Advance or Reimbursement for non-construction projects)or SF-271 or equivalent(Outlay Report and Request for Reimbursement for Construction Programs), and 2. An SF-425(Federal Financial Report). • For non-construction projects,you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the Federal fiscal year. • For construction projects,you must submit FAA Form 5370-1, Construction Progress and Inspection Report,within 30 days of the end of each Federal fiscal quarter. Audit Requirements. As a condition of receiving Federal assistance under this award,you must comply with audit requirements as established under 2 CFR part 200.Subpart F requires non-Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs. Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards. Closeout. Once the project(s) is completed and all costs are determined,we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. FAA Contact Information. Chelsea Branchcomb, (206) 231-4231, Chelsea.l.branchcomb@faa.gov is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, Valerie Thorsen(Dec 15,2023 10 39 PST) Valerie Thorsen Acting Manager Seattle Airports District Office 2 3-53-0089-058-2024 U.S.Department of Transportation Federal Aviation Administration FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM FY 2022 SUPPLEMENTAL GRANT PROGRAM GRANT AGREEMENT Part I -Offer Federal Award Offer Date December 15,2023 Airport/Planning Area Yakima Air Terminal-McAllister Field Supplemental Appropriation 3-53-0089-058-2024(Contract Number: DOT-FA24NM-0003) Grant Number Unique Entity Identifier FJNNX1XFJ9K3 TO: City 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 December 6, 2023,for a grant of Federal funds for a project at or associated with the Yakima Air Terminal-McAllister Field,which is included as part of this Grant Agreement;and WHEREAS,the FAA has approved a project for the Yakima Air Terminal-McAllister Field (herein called the "Project") consisting of the following: Improve Terminal Building(82%of phase la-design and construction), including HVAC upgrades; which is more fully described in the Project Application. NOW THEREFORE, Pursuant to and for the purpose of carrying out Title 49, United States Code(U.S.C.), Chapters 471 and 475;49 U.S.C. §40101,et seq.; FAA Reauthorization Act of 2018 (Public Law Number 115-254);the Department of Transportation Appropriations Act, 2021(Public Law 116-260, Division L); the Consolidated Appropriations Act, 2022 (Public Law 117-103);and the representations contained in the Project Application; and in consideration of: (a)the Sponsor's adoption and ratification of the Grant Assurances attached hereto; (b)the Sponsor's acceptance of this Offer; and (c)the benefits to accrue to 3 3-53-0089-058-2024 the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay ninety(90) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number(Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is$5,000,000. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment,which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $0 for planning $ 5,000,000 airport development; and, $0 for land acquisition. 2. Grant Performance.This Grant Agreement is subject to the following Federal award requirements: a. Period of Performance: 1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement.The end date of the period of performance is 4 years (1,460 calendar days)from the date of acceptance.The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date,which may include one or more funded portions or Budget Periods. (2 Code of Federal Regulations (CFR)§ 200.1). b. Budget Period: 1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in Paragraph (2)(a)(1). Pursuant to 2 CFR§ 200.403(h),the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any 4 3-53-0089-058-2024 funds carried forward or other revisions pursuant to 2 CFR§ 200.308. c. Close out and Termination. 1. Unless the FAA authorizes a written extension,the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the period of performance. If the Sponsor does not submit all required closeout documentation within this time period,the FAA will proceed to close out the grant within one year of the period of performance end date with the information available at the end of 120 days. (2 CFR§ 200.344) 2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR§200.340,or other Federal regulatory or statutory authorities as applicable. 3. Ineligible or Unallowable Costs.The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4. Determining the Final Federal Share of Costs.The United States'share of allowable project costs will be made in accordance with 49 U.S.C. §47109,the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"),and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 5. Completing the Project Without Delay and in Conformance with Requirements.The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement,49 U.S.C. Chapters 471 and 475,and the regulations, policies, and procedures of the Secretary. Per 2 CFR§ 200.308,the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project.The report must include a reason for the project stoppage.The Sponsor also agrees to comply with the grant assurances,which are part of this Agreement. 6. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 7. Offer Expiration Date.This offer will expire,and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before January 5, 2024, or such subsequent date as may be prescribed in writing by the FAA. 8. Improper Use of Federal Funds.The Sponsor must take all steps, including litigation if necessary,to recover Federal funds spent fraudulently,wastefully, or in violation of Federal antitrust statutes,or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement,the term "Federal funds" means funds however used or dispersed by the Sponsor,that were originally paid pursuant to this or any other Federal grant agreement.The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds.The Sponsor must return the recovered Federal share, including funds recovered by settlement, 5 3-53-0089-058-2024 order, or judgment,to the Secretary.The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation,or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 9. United States Not Liable for Damage or Injury.The United States is not responsible or liable for damage to property or injury to persons which may arise from,or be incident to, compliance with this Grant Agreement. 10. System for Award Management(SAM) Registration and Unique Entity Identifier(UEI). a. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from this requirement under 2 CFR§ 25.110,the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant,or receives the final payment,whichever is later.This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier(UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration. 11. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 12. Informal Letter Amendment of Supplemental Appropriation Projects. If,during the life of the project,the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by$25,000 or five percent (5%),whichever is greater,the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments.The FAA's authority to increase the maximum obligation does not apply to the"planning" component of Condition No. 1, Maximum Obligation. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 13. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement,the FAA may suspend, cancel,or terminate this Grant Agreement. 6 3-53-0089-058-2024 14. Financial Reporting and Payment Requirements.The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 15. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101 the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this grant.The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 16. Build America, Buy America.The sponsor must comply with the requirements under the Build America, Buy America Act (Public Law 117-58). 17. Maximum Obligation Increase. In accordance with 49 U.S.C. §47108(b), as amended,the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation,of this Grant Offer: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available: 1. 15 percent; or 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. If the sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. §47110, or other superseding legislation if applicable,for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount.The FAA may adjust the Federal share as applicable through an informal letter of amendment. 18. Audits for Sponsors. PUBLIC SPONSORS.The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200.The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA,the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $750,000 in Federal awards and are exempt from federal audit requirements must make records available for review or audit by the appropriate Federal agency officials,State, and Government Accountability Office.The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements. 19. Suspension or Debarment.When entering into a "covered transaction" as defined by 2 CFR § 180.200,the Sponsor must: a. Verify the non-Federal entity is eligible to participate in this Federal program by: 7 3-53-0089-058-2024 1. Checking the excluded parties list system (EPLS)as maintained within the System for Award Management(SAM)to determine if the non-Federal entity is excluded or disqualified;or 2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. b. Require all contractors and subcontractors to comply with 2 CFR§ 180.330 when entering into lower-tier transactions(e.g., sub-contracts). c. Immediately disclose in writing to the FAA whenever(1)the Sponsor learns they have entered into a covered transaction with an ineligible entity or(2)the Public Sponsor suspends or debars a contractor, person, or entity. 20. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10,Text Messaging While Driving, December 30, 2009,the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of,the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business,such as: i. Establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving; and ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts funded with this Grant. 21. Trafficking in Persons. a. You as the recipient,your employees,subrecipients under this award, and subrecipients' employees may not: 1. Engage in severe forms of trafficking in persons during the period of time that the Grant and applicable conditions are in effect; 2. Procure a commercial sex act during the period of time that the Grant and applicable conditions are in effect;or 8 3-53-0089-058-2024 3. Use forced labor in the performance of the Grant or any subgrants under this Grant. b. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if you or a subrecipient that is a private entity: 1. Is determined to have violated a prohibition in paragraph (a) of this Condition;or 2. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated a prohibition in paragraph (a) of this award term through conduct that is either— i. Associated with performance under this Grant; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),as implemented by our agency at 2 CFR Part 1200. c. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a) of this Condition. d. Our right to terminate unilaterally that is described in paragraph A of this section: 1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000(TVPA), as amended (22 U.S.C. 7104(g)), and 2. Is in addition to all other remedies for noncompliance that are available to us under this award. 22. Grant Funded Work Included in a PFC Application.Within 90 days of acceptance of this Grant Agreement,the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge(PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application.The Sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment. 23. Exhibit"A" Property Map.The Exhibit "A" Property Map dated May 2021, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement. 24. Employee Protection from Reprisal. a. Prohibition of Reprisals 1. In accordance with 41 U.S.C. §4712, an employee of a Sponsor,grantee, subgrantee, contractor,or subcontractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (a)(2) below, information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; 9 3-53-0089-058-2024 ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety;or v. A violation of law, rule,or regulation related to a Federal grant. 2. Persons and bodies covered.The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal employee responsible for contract or grant oversight or management at the relevant agency; v. A court or grand jury; vi. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover,or address misconduct;or vii. An authorized official of the Department of Justice or other law enforcement agency. 3. Submission of Complaint. A person who believes that they have been subjected to a reprisal prohibited by paragraph (a)of this Condition may submit a complaint regarding the reprisal to the Office of Inspector General (OIG)for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint.A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General.Actions, limitations, and exceptions of the Inspector General's office are established under 41 U.S.C. §4712(b). 6. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a decision not to conduct or continue an investigation by the OIG,the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. §4712(c). 25. Prohibited Telecommunications and Video Surveillance Services and Equipment.Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232§889(f)(1)] and 2 CFR§ 200.216. SPECIAL CONDITIONS 26. Plans and Specifications Prior to Bidding.The Sponsor agrees that it will submit plans and specifications for FAA review prior to advertising for bids. 27. Grants Issued on Estimates.The Sponsor understands and agrees that this Grant Offer is made and accepted based on estimates for Improve Terminal Building(82%of phase la- 10 3-53-0089-058-2024 design and construction), including HVAC system upgrades; and the parties agree that within three hundred (300)days from the date of acceptance of this Grant Offer,the Sponsor will receive bids for terminal building improvements including HVAC system upgrades contained within the project description,which is more fully described in the Project Application. If, after the Sponsor has received bids,the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by$25,000.00 or five percent(5%),whichever is greater based on the actual bid prices received,the FAA can issue a letter to the Sponsor unilaterally reducing the maximum obligation.The Sponsor understands that amendment calculations will then be limited by this reduced maximum obligation. 28. Buy American Executive Orders.The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers. 29. Useable Unit of Work for Companion Grants.This grant funds a portion (82%)of the project.The sponsor agrees that it will accept a companion grant offer,3-53-0089-057- 2024,to fund the remaining portion (18%) of the project.The sponsor further agrees that the companion grants will result in a complete, safe, useful, and useable unit of work per the project description.The FAA makes no commitment of funding beyond the Sponsor's available allocated funds pursuant to law. If the sponsor does not accept the companion grant,the FAA has the option to close this grant and recover the funds. 30. Grant Approval Based Upon Certification.The FAA and the Sponsor agree that the FAA approval of this grant is based on the Sponsor's certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA.The Sponsor Certifications received from the Sponsor for the work included in this grant are hereby incorporated into this grant agreement.The Sponsor understands that: a. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to any AIP standards or to notify the FAA of any limitations to competition within the project; b. The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; If the FAA determines that the Sponsor has not complied with their certification statements, the FAA will review the associated project costs to determine whether such costs are allowable under AIP. 11 3-53-0089-058-2024 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor,as hereinafter provided,and this Offer and Acceptance shall comprise a Grant Agreement, 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 Grant Assurances,terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. Please read the following information: By signing this document,you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically,and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION ierle lho,,en;Dec 1S,202310.39 PST, (Signature) Valerie Thorsen Valerie Thorsen Acting Manager,Seattle ADO Acting Manager,Seattle ADO 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment,or both. 12 3-53-0089-058-2024 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 grant assurances,terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document,you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' Dated December 18,2023 City of Yakima (Name of Sponsor) Robed. fayiicon Robert Harrison;Dec 18,2023 15.05 PST) (Signature of Sponsor's Authorized Official) By: Robert Harrison (Typed Name of Sponsor's Authorized Official) Title: City Manager (Title of Sponsor's Authorized Official) CITY CONTRACT NO: dDa-� ��IS �r �-[ RESOLUTION NO: � Ipa ^ -3 UUU 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements)and could subject you to fines, imprisonment,or both. 13 3-53-0089-058-2024 CERTIFICATE OF SPONSOR'S ATTORNEY I, Sara Watkins , 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 and Sponsor's official representative,who has been duly authorized to execute this Grant Agreement,which is in all respects due and proper and in accordance with the laws of the said State;and Title 49, United States Code(U.S.C.), Chapters 471 and 475;49 U.S.C. §§40101 et seq.,and 48103; FAA Reauthorization Act of 2018 (Public Law Number 115-254);the Department of Transportation Appropriations Act, 2021 (Public Law 116-260, Division L);the Consolidated Appropriations Act, 2022 (Public Law 117-103); and the representations contained in the Project Application. 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. Please read the following information: By signing this document,you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' Dated at December 20,2023 S2.p2, WGti�7�,uu- By:Sara Waft ins IDe( 2).2";23 J9.02 PST) (Signature of Sponsor's Attorney) ' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment,or both. 14 3-53-0089-058-2024 ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C.,subtitle VII, as amended.As used herein,the term "public agency sponsor" means a public agency with control of a public-use airport;the term "private sponsor" means a private owner of a public-use airport;and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor,these assurances are incorporated in and become part of this Grant Agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty(20)years from the date of acceptance of a grant offer of Federal funds for the project. However,there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10)years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this Grant Agreement, only Assurances 1, 2,3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, and 37 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project;there shall be no limit on the Airport Sponsor Assurances 5/2022 Page 1 of 21 3-53-0089-058-2024 duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that: 1. General Federal Requirements It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application,acceptance,and use of Federal funds for this Grant including but not limited to the following: FEDERAL LEGISLATION a. 49, U.S.C.,subtitle VII, as amended. b. Davis-Bacon Act,as amended —40 U.S.C. §§3141-3144,3146,and 3147,et seq.' c. Federal Fair Labor Standards Act-29 U.S.C. §201,et seq. d. Hatch Act—5 U.S.C. § 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C. § 4601,et seq.', 2 f. National Historic Preservation Act of 1966—Section 106-54 U.S.C. §306108.1.1 g. Archeological and Historic Preservation Act of 1974-54 U.S.C. §312501, et seq.' h. Native Americans Grave Repatriation Act-25 U.S.C. Section§3001,et seq. i. Clean Air Act, P.L. 90-148, as amended -42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended - 16 U.S.C. § 1451,et seq. k. Flood Disaster Protection Act of 1973—Section 102(a)-42 U.S.C. §4012a.' I. 49 U.S.C. §303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 -29 U.S.C. §794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.,78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975-42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended-42 U.S.C. §4151,et seq.' s. Powerplant and Industrial Fuel Use Act of 1978—Section 403-42 U.S.C. §8373.1 t. Contract Work Hours and Safety Standards Act-40 U.S.C. §3701, et seq.' u. Copeland Anti-kickback Act- 18 U.S.C. §874.' v. National Environmental Policy Act of 1969-42 U.S.C. §4321, et seq.' Airport Sponsor Assurances 5/2022 Page 2 of 21 3-53-0089-058-2024 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended—16 U.S.C. § 1271,et seq. x. Single Audit Act of 1984-31 U.S.C. §7501, et seq.' y. Drug-Free Workplace Act of 1988-41 U.S.C. §§8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Build America, Buy America Act, P.L. 117-58,Title IX. EXECUTIVE ORDERS a. Executive Order 11246—Equal Employment Opportunity' b. Executive Order 11990—Protection of Wetlands c. Executive Order 11998—Flood Plain Management d. Executive Order 12372—Intergovernmental Review of Federal Programs e. Executive Order 12699—Seismic Safety of Federal and Federally Assisted New Building Construction' f. Executive Order 12898—Environmental Justice g. Executive Order 13166—Improving Access to Services for Persons with Limited English Proficiency h. Executive Order 13985—Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government i. Executive Order 13988—Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation j. Executive Order 14005—Ensuring the Future is Made in all of America by All of America's Workers k. Executive Order 14008—Tackling the Climate Crisis at Home and Abroad FEDERAL REGULATIONS a. 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.°•5 c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment. d. 14 CFR Part 13—Investigative and Enforcement Procedures. e. 14 CFR Part 16—Rules of Practice For Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150—Airport Noise Compatibility Planning. g. 28 CFR Part 35—Nondiscrimination on the Basis of Disability in State and Local Government Services. Airport Sponsor Assurances 5/2022 Page 3 of 21 3-53-0089-058-2024 h. 28 CFR§ 50.3—U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1—Procedures for Predetermination of Wage Rates.' j. 29 CFR Part 3—Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.' k. 29 CFR Part 5—Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction(Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).' I. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor(Federal and Federally-assisted contracting requirements).' m. 49 CFR Part 20—New Restrictions on Lobbying. n. 49 CFR Part 21—Nondiscrimination in Federally-Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23—Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.'2 q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r. 49 CFR Part 27—Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.' s. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30—Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32—Governmentwide Requirements for Drug-Free Workplace (Financial Assistance). v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38—Americans with Disabilities Act (ADA)Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41—Seismic Safety. FOOTNOTES TO ASSURANCE(CJ(1) These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. Airport Sponsor Assurances 5/2022 Page 4 of 21 3-53-0089-058-2024 5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed project;that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein;to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title,satisfactory to the Secretary,to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such Airport Sponsor Assurances 5/2022 Page 5 of 21 3-53-0089-058-2024 performance by the sponsor.This shall be done in a manner acceptable to the Secretary. b. Subject to the FAA Act of 2018, Public Law 115-254,Section 163, it will not sell, lease,encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or,for a noise compatibility program project,that portion of the property upon which Federal funds have been expended,for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code,to assume the obligations of this Grant Agreement and to have the power,authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary,that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project.That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non- compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code,the regulations and the terms,conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence,or zoned for residential use,to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of Airport Sponsor Assurances 5/2022 Page 6 of 21 3-53-0089-058-2024 residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application)of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport,an airport runway,or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic,social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall,when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further,for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport,an airport runway,or a major runway extension at a medium or large hub airport,the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance-Management. With respect to a project approved after January 1, 1995,for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has,on the date of submittal of the project grant application,all the safety equipment required for certification of such airport under 49 U.S.C. §44706, and all the security Airport Sponsor Assurances 5/2022 Page 7 of 21 3-53-0089-058-2024 equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System,Audit,and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant,the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project.The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States,or any of their duly authorized representatives,for the purpose of audit and examination, any books,documents, papers, and records of the recipient that are pertinent to this Grant.The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of$2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146,and 3147, Public Building, Property, and Works),which contractors shall pay to skilled and unskilled labor,and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor,such provisions as are necessary to insure that, in the employment of labor(except in executive,administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. §47112. However,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans,specifications, and schedules approved by the Secretary. Such plans, specifications,and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.Any modification to the approved plans,specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement. Airport Sponsor Assurances 5/2022 Page 8 of 21 3-53-0089-058-2024 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, State and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere Airport Sponsor Assurances 5/2022 Page 9 of 21 3-53-0089-058-2024 with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith,with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance,the sponsor will have in effect arrangements for: 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow,flood,or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport(including established minimum flight altitudes)will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action,to the extent reasonable, including the adoption of zoning laws,to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use,within its jurisdiction, that will reduce its compatibility,with respect to the airport,of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease,or other arrangement under which a right or privilege at the airport is granted to any person,firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport,the sponsor will insert and enforce provisions requiring the contractor to: Airport Sponsor Assurances 5/2022 Page 10 of 21 3-53-0089-058-2024 1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals,and other charges as are uniformly applicable to all other fixed- based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant)shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates,fees, rentals,and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person,firm,or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling)that it may choose to perform. 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 commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing,or intending to provide, aeronautical services to the public. For purposes of this paragraph,the Airport Sponsor Assurances 5/2022 Page 11 of 21 3-53-0089-058-2024 providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome,or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not,either directly or indirectly,grant or permit any person,firm,or corporation,the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity,and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport,taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development,airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code,the Airport and Airway Improvement Act of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,will be expended by it for the capital or operating costs of the airport;the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property;or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport,to support not only the airport but also the airport owner or operator's general debt obligations or other facilities,then this limitation on the use of all Airport Sponsor Assurances 5/2022 Page 12 of 21 3-53-0089-058-2024 revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel)shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land,this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale.This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport(as defined at 49 U.S.C. §47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95 b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning,the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. §47107. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases,agreements, regulations,and other instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request; and Airport Sponsor Assurances 5/2022 Page 13 of 21 3-53-0089-058-2024 d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use,for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized aircraft,or during any calendar month that: a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements(counting each landing as a movement)of Government aircraft is 300 or more,or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities,or weather-reporting and communication activities related to air traffic control,any areas of land or water,or estate therein 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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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; Airport Sponsor Assurances 5/2022 Page 14 of 21 3-53-0089-058-2024 2. the location and nature of all existing and proposed airport facilities and structures (such as runways,taxiways,aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision,or modification thereof,shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan.The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254,Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility,or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary,the owner or operator will, if requested, by the Secretary: 1. eliminate such adverse effect in a manner approved by the Secretary; or 2. bear all costs of relocating such property(or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property(or replacement thereof)to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252,42 U.S.C. §§2000d to 2000d-4);creed and sex (including sexual orientation and gender identity) per 49 U.S.C. §47123 and related requirements;age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with,or benefiting from,funds received from this Grant. Airport Sponsor Assurances 5/2022 Page 15 of 21 3-53-0089-058-2024 a. Using the definitions of activity,facility,and program as found and defined in 49 CFR§§ 21.23(b) and 21.23(e),the sponsor will facilitate all programs, operate all facilities,or conduct all programs in compliance with all non- discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance)for any of the sponsor's program or activities,these requirements extend to all of the sponsor's programs and activities. 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter,or acquire a facility, or part of a facility,the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of,or for the acquisition of real property or an interest in real property,the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property,or real property,or interest therein,or structures or improvements thereon, in which case the assurance obligates the sponsor,or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits;or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (City of Yakima), in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252,42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises]will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency),creed,sex(including sexual orientation and gender identity), age,or disability in consideration for an award." e. Required Contract Provisions. Airport Sponsor Assurances 5/2022 Page 16 of 21 3-53-0089-058-2024 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non- discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property,structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race,color, national origin (including limited English proficiency),creed,sex(including sexual orientation and gender identity), age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over,or under real property acquired or improved under the applicable activity, project,or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it,other recipients, sub- recipients,sub-grantees,contractors, subcontractors, consultants,transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts,the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts,the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land,when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time.That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or(2)transferred to another eligible airport as prescribed by the Secretary.The Secretary shall give preference to the following, in descending order: Airport Sponsor Assurances 5/2022 Page 17 of 21 3-53-0089-058-2024 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§47114,47115,or 47117 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes,the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will,when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land.That portion of the proceeds of such disposition which is proportionate to the United States'share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary.The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§47114,47115, or 47117 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if(1) it may be needed for aeronautical purposes(including runway protection zones)or serve as noise buffer land, and (2)the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987,will be considered to be needed for airport Airport Sponsor Assurances 5/2022 Page 18 of 21 3-53-0089-058-2024 purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose,such use having commenced no later than December 15, 1989. d. Disposition of such land under(a), (b),or(c)will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., 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 in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U.S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies,Standards,and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf)for AIP projects as of December 6, 2023. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property,to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. Airport Sponsor Assurances 5/2022 Page 19 of 21 3-53-0089-058-2024 36. Access By Intercity Buses. The airport owner or operator will permit,to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26,or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition,the sponsor shall not discriminate on the basis of race,color, national origin or sex in the administration of its Disadvantaged Business Enterprise(DBE) and Airport Concessions Disadvantaged Business Enterprise(ACDBE) programs or the requirements of 49 CFR Parts 23 and 26.The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts,and/or concession contracts.The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program,the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§3801-3809, 3812). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport(as defined in 49 U.S.C. §47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport,the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated;and 3. Provides a time frame within which, if any,the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Sponsor Assurances 5/2022 Page 20 of 21 3-53-0089-058-2024 Airport Sponsor Assurances 5/2022 Page 21 of 21 YKM-N M G-3-53-0089-058-2024-Grant Agreement Final Audit Report 2023-12-20 Created: 2023-12-15 By: FAA-AIP(9-AWAARP-Soar-CoreGroup@faa.gov) Status: Signed Transaction ID: CBJCHBCAABAAzLwUStwatVwZpui246E-4VTFYo_KsHpt "YKM-NMG-3-53-0089-058-2024-Grant Agreement" History in Document created by FAA-AIP (9-AWA-ARP-Soar-CoreGroup@faa.gov) 2023-12-15-6 16 31 PM GMT-IP address 155 178.180.12 Cy Document emailed to valerie.thorsen@faa.gov for signature 2023-12-15-6.20.12 PM GMT ,n Email viewed by valerie.thorsen@faa.gov 2023-12-15-6.30.08 PM GMT-IP address 104.47.64.254 60 Signer valerie.thorsen@faa.gov entered name at signing as Valerie Thorsen 2023-12-15-6.39.17 PM GMT-IP address 162.58.82.135 60 Document e-signed by Valerie Thorsen (valerie.thorsen@faa.gov) Signature Date 2023-12-15-6.39:19 PM GMT-Time Source server-IP address 162 58.82.135 Document emailed to bob.harrison@yakimawa.gov for signature 2023-12-15-6 39 21 PM GMT n Email viewed by bob.harrison@yakimawa.gov 2023-12-18-11 05 05 PM GMT-IP address 205 172.45.253 60 Signer bob.harrison@yakimawa.gov entered name at signing as Robert Harrison 2023-12-18-11.05.47 PM GMT-IP address 205.172.45.253 OP Document e-signed by Robert Harrison (bob.harrison@yakimawa.gov) Signature Date.2023-12-18-11 05 49 PM GMT-Time Source server-IP address 205 172.45.253 E Document emailed to Sara Watkins (sara.watkins@yakimawa.gov)for signature 2023-12-18-11 05 52 PM GMT Powered by Adobe �' Acrobat Sign in Email viewed by Sara Watkins (sara.watkins@yakimawa.gov) 2023-12-19-0 32 21 AM GMT-IP address 205.172.45.253 60 Document e-signed by Sara Watkins (sara.watkins@yakimawa.gov) Signature Date:2023-12-20-5 02.59 PM GMT-Time Source.server-IP address:205.172.45.253 0 Agreement completed. 2023-12-20-5.02.59 PM GMT Powered by Adobe O Acrobat Sign