Loading...
HomeMy WebLinkAboutR-2006-109 Joint Resolution with Yakima County for a Federal Aviation Administration Grant Application / AgreementCITY OF YAKIMA RESOLUTION Resolution # ka00Z0 -/e77 YAKIMA COUNTY RESOLUTION Resolution # 3sa- _;.Q v A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY ratifying an Application for Federal Assistance and Standard DOT Title VI Assurances, and authorizing the execution and acceptance of a Grant Agreement for Federal Assistance and Certificate of Sponsor's Attorney between the Federal Aviation Administration and the City of Yakima, Washington, and the County of Yakima, Washington. WHEREAS, the City of Yakima ("City") and Yakima County ("County") are co-owners of the Yakima Air Terminal; and WHEREAS, the Yakima Air Terminal Board has submitted to the Federal Aviation Administration ("FAA") an Application for Federal Assistance dated June 7, 2006 for a grant of federal funds for projects at the Yakima Air Terminal, which Application and Standard DOT Title VI Assurances, as approved by the FAA under project number 3-53-0089-026 (the "Project"), is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved the following projects: Construct connector taxiway (stub taxiway on Taxiway C), and; Miscellaneous planning study (update aviation demand analysis); and WHEREAS, the United States of America, acting through the FAA has offered to City and County a grant to pay, as the United States share of the allowable costs incurred in accomplishing the Project, up to ninety (95%) percentum of all allowable project costs for the project, and WHEREAS, The FAA has requested as a condition precedent to funding by the United States of the allowable costs incurred in the Project, that: 1) it is understood and agreed that the City of Yakima, Washington and the County of Yakima, Washington authorized the execution of the Application for Federal Assistance and the Standard DOT Title VI Assurances both dated June 7, 2006, on their behalf by Jerry G. Kilpatrick, Assistant Airport Manager, and that they jointly and severally adopt and ratify the representations and assurances contained therein, and; is understood that the word "Sponsor" as used in the project application and other assurances is deemed to include the City of Yakima, Washington and the County of Yakima, Washington. Joint Resolution - AIP-26 2) the City and County authorize the City Manager and City Attorney for the City of Yakima and the Chair of the Board of County Commissioners and Prosecuting Attorney for Yakima County to accept and execute the Grant Offer and Certificate of Sponsor's Attorney. NOW, THEREFORE, Joint Resolution - AIP-26 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Application for Federal Assistance and Standard DOT Title VI Assurances dated June 7, 2006, executed by Jerry G. Kilpatrick, Assistant Airport Manager, are hereby ratified. A true copy of such Application and Standard DOT Title VI Assurances are attached hereto and incorporated herein; and, it is understood that the word "Sponsor" as used in the project application and other assurances is deemed to include the City of Yakima, Washington, and the County of Yakima, Washington, and, The City Manager and City Attorney of the City of Yakima are hereby authorized to accept the Grant Offer and to execute other such documents as may be required. ADOPTED BY THE CITY COUNCIL this llt day of July , 2006. Dave Edler, Mayor, City of Yakima ATTEST: Karen S. Roberts, City Clerk Joint Resolution - AIP-26 BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS: The Application for Federal Assistance and Standard DOT Title VI Assurances dated June 7, 2006, executed by Jerry G Kilpatrick, Assistant Airport Manager, are hereby ratified. A true copy of such Application and Standard DOT Title VI Assurances are attached hereto and incorporated herein; and, it is understood that the word "Sponsor" as used m the project application and other assurances is deemed to include the City of Yakima, Washington, and the County of Yakima, Washington, and, The Chair and Prosecuting Attorney of the County of Yakima are hereby authorized to accept the Grant Offer and to execute other such documents as may be required. Dated this 1/ -day of ATTEST: Clerk of the Board Christina Steiner Deputy Clerk of the Board Joint Resolution - AIP-26 2006. else S Palacios, Chair, Yakima County Commissioners Ronald F Gamache, Commissioner Mike Leita, Commissioner Constitutes the Board of County Commissioners for Yakima County, Washington Section 1 FAA Grant Agreement Joint Resolution - AIP-26 0 U.S. Department of Transportation Federal Aviation Administration June 22, 2006 Federal Aviation Administration Northwest Mountain Region Mr. Buck Taylor Airport Manager, Yakima Air Terminal/McAllister Field 2400 West Washington Avenue Yakima, Washington 98903 Dear Mr. Taylor: Grant Offer for Yakima Air Terminal/McAllister field AIP Project Number 3-53-0089-026 Seattle Airports District Office 1601 Lind Avenue, S.W., Suite 250 Renton, Washington 98055-4056 Enclosed are three copies of the subject grant offer. Please note that: a. The grant offer must be accepted by each cosponsor on or before July 22, 2006. b. The grant offer must be accepted by an official authorized by the governing agencies to do so. c. The "Certification of Sponsor's Attorney" relates to the acceptance and, therefore, must be made after the Sponsor's acceptance. d. After execution is completed, please return an executed copy of the grant agreement to this office. All applicable project -related requirements pertaining to environmental analysis and approval for this grant have been met in accordance with the guidelines contained in FAA Order 5050.4B, Airport Environmental Handbook. If you have any questions in regard to acceptance of the grant offer, please contact your project manager. Sincerely, i 9. Wade Bryant Manager, Seattle Airports District Office Enclosures cc: Washington State Department of Transportation, Aviation Division 0 U S. Department of Transportation Federal Aviation Administration Page 1 of 5 pages Grant Agreement Part 1 - Offer Date of Offer: June 22, 2006 Yakima Air Terminal/McAllister Field Yakima, Washington Project Number: 3-53-0089-026 Contract Number: To: County of Yakima, Washington and the 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 June 6, 2006, for a grant of Federal funds for a project at or associated with the Yakima Air Terminal/McAllister Field which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Construct connector taxiway (stub taxiway on Taxiway C); Miscellaneous planning study (update aviation demand analysis); all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (10-89) Page 2 of 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of United States Code, as amended, herein called "the Act", and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety-five (95) percentum of all allowable Project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this Offer shall be $215,672.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $ 22,973.00 $192,699.00 for planning for airport development or noise program implementation 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this Offer has been accepted by the Sponsor on or before July 22, 2006, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to FAA Form 5100-37 PG 2 (10-89) Page 3 of 5 pages this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. It shall furnish to the Secretary upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions 9. It is understood and agreed that the City of Yakima, Washington and the County of Yakima, Washington authorized the execution of the Application for Federal Assistance and Standard DOT Title VI Assurances both dated June 7, 2006, on their behalf by Jerry G. Kilpatrick, Assistant Airport Manager, and that they jointly and severally adopted and ratified the representations and assurances contained therein; and that the word "Sponsor" as used in the project application and other assurances is deemed to include the City of Yakima, Washington and the County of Yakima, Washington. 10. It is mutually understood and agreed that 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 the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. FAA Form 5100-37 PG 3 (10-89) Page 4 of 5 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. By. . UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION J.1Qlade Bryant, Manager, Settle Airports District Office Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of - 14, , 2006. City of Yakima, Washington (SEAL) ( SEAL)v ; By 4r•� Attest. Title. Cif E-r� Title: Sponsor's Designated Official Representative R. A. 44 ( Jv" City Manager CERTIFICATE OF SPONSOR'S ATTORNEY CITY CONTRAC r Na 4404 RESOLUTION NO: /P o7ODlD /D 1 1, , 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 has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at. y 4-1/4 , &M this. .....7. ... day of JULY , 2006. FAA Form 5100-37 PG 5 (10-89) Si re •f Sponsor's Attorney Page 5 of 5 pages Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this (SEAL) Attest: Title: .. day of . , 2006. County of Yakima, Washington -0 >657egiafe_e-ey Sponsor's Designated Official Representative L !ii%d"ArYlff/W CERTIFICATE OF SPONSOR'S ATTORNEY 1, , 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 has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at. (4 ; ./ this. / .... day of 2006. Signatre of Sponsor's Attorney FAA Form 5100-37 PG 5 (10-89) Section 1I FAA Grant Application and Assurances Joint Resolution - AIP-26 Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED June 7, 2006 Applicant Identifier AIP-3-53-0089-26 1. TYPE OF SUBMISSION: Application Preapplication 3. DATE RECEIVED BY STATE State Applicaton identifier EI Construction El Non -Construction 0 Construction 0 Non -Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Yakima Air Terminal — McAllister Field Yakima Air Terminal Board Department: Airport Administration Organizational DUNS: 174434471 Division: Address: Name and telephone number of person to be contacted on Street: 2400 West Washington Avenue matters involving this application (give area code) Prefix: Mr. First Name: Jerry City Yakima Middle Name: G. County: Yakima Last Name: Kilpatrick State: Washington Zip Code: 98903 Suffix: Country • USA Email: jerry.kilpatrick@yakimaairterminal.com 6. EMPLOYER IDENTIFICATION NUMBER E/N): Phone number (give area code). FAX number (give area code) 9 1- 1 1 8 3 8 9 18 509-575-6149 509-575-6185 8. TYPE OF APPLICATION• 7. TYPE OF APPLICANT: (See back of form for Application Types) ill New Mr Continuation • Revision N Other (specify) Part 139 Certificated Airport If Revision, enter appropriate letter(s) in box(es): (See back of form for description of letters) 9. NAME OF FEDERAL AGENCY Other (specify) Federal Aviation Administration, Seattle ADO 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 1) Construct Stub Taxiway on "C" Taxiway 2 0 . 1 0 6 2) Planning — Update Aviation Demand TITLE: Analysis 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): Central Washington State 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date 6/06 Ending Date 8/06 a. Applicant Fourth b. Project Fourth 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Federal $ 215,673 mi a. Yes. 0 THS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ .uu PROCESS FOR REVIEW ON c. State $ .uo DATE: d. Local $ 11,351 '00 b. No. ® PROGRAM IS NOT COVERED BY E. 0.12372 e. Other $ .uu 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program income $ °0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 227,024 .uu ❑Yes If "Yes" attach an explanation El No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr. First Name Jerry Middle Name G. Last Name Kilpatrick Suffix b. Title Assistant Airport Manager c. Telephone number (give area code) 509-575-6149 d. Signature of Autho i d Representativ e. Date Signed ez 6__7....0, Vrevlous Etlitions Not sa to Authorized for Local epro uction Standard Form 424 (Rev.9-2003) Prescribed by OMB Circular A-102 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION SECTION A OMB NO 2120-0569 Item 1 Does this assistance request require State, local, regional, or other priority rating? ❑Yes No Name of Governing Body Priority Item 2. Does this assistance request require State, local advisory, educational or health clearances? [Res No Name of Agency or Board (Attach Documentation) Item 3 Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? ['Yes No (Attach Comments) Item 4 Does this assistance request require State, local, regional or other planning approval? ❑Yes No Name of Approving Agency Date Item 5. Is the proposed project covered by an approved comprehensive plan? Check One: State Local Regional ®Yes ❑No Location of plan Airport Master Plan, ALP Item 6. Will the assistance requested serve a Federal installation? ❑Yes No Name of Federal Installation Federal Population benefiting from Project Item 7 Will the assistance requested be on Federal land or installation? ❑Yes No Name of Federal Installation Location of Federal Land Percent of Project Item 8 Will the assistance requested have an impact or effect on the environment? ❑Yes No See instructions for additional information to be provided Item 9. Will the assistance requested cause the displacement of individuals, families, businesses, or farms? Yes ®No Number of: Individuals Families Businesses Farms Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? ❑Yes No See instructions for additional information to be provided. FM Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL. : ON ADMINISTRATION OMB NO. 2120-0569 PART II — SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Airport Safety Overlay Zone included in: Yakima Urban Area Comprehensive Zoning Ordinance; Yakima County Zoning Ordinance, and; City of Union Gap Zoning Ordinance 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: Not in default. 3. Possible Disabilities. — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None 4. Land. — (a) The sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": The land interests owned by the Yakima Air Terminal is as shown on the current Exhibit "A" property map dated November 17, 2005 (Airport Board approval date) which is on file with the FAA's Seattle ADO in Renton, Washington. *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4.75) Page 3a U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO 2120-0569 PART 11— SECTION C (CONTINUED) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": None (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": 5. Exclusive Rights. — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL A' -ION ADMINISTRATION OMB NO 2120-0569 PAR I ..1— BUDGET INFORMATION - CONSTRL,, i ION SECTION A - GENERAL. 1 Federal Domestic Assistance Catalog No .. . .. .. . . 2. Functional or Other Breakout. ... , , , , 20-106 SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment+ or (-) 1. Administration Expense $ $ $ 5,000 2. Preliminary Expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 13,783 5. Other architectural engineering fees (Planning — Aviation Demand Forecast) 24,183 6. Project inspection fees 20,705 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 163,353 12. Equipment 13. Miscellaneous 14. Total (Lines 1 Through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 227,024 20. Federal Share requested of Line 19 215,373 21. Add Rehabilitation Grants Requested (loo percent) 22. Total Federal grant requested (Lines 20 & 21) 23. Grantee share 24. Other shares 11,351 25. Total project (Lines 22, 23, & 24) $ $ $ 227,024 Page 4 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL A 'N ADMINISTRATION OMB NO 2120-0569 SECTION C - EXCLUSIONS 26. Classification Ineligible for Participation CO Excluded from Contingency Provision (2) a. $ $ b.. c. d. e. f. g. Totals SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By Applicant) 11,351 d. Bonds e. Tax Levies f. Non Cash' g.Other(Expiain) h .TOTAL — Grantee share 28. Other Shares a. State b. Other c. Total Other Shares J 29. TOTAL $ 11,351 SECTION E - REMARKS Grantee's share will be financed through the Passenger Facility Charge Program. PART IV PROGRAM NARRATIVE (ATTACH—SEE INSTRUCTIONS) FAA Pnrm Finn inn m_7m ci ioccecncc ca PAGE 5 PART IV PROGRAM NARRATIVE (Suggested Format) U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PROJECT: Construct Stub Taxiway on "C" Taxiway AIRPORT: Yakima Air Terminal — McAllister Field 1. Objective: Enhance aircraft ground movement and to provide access to new aviation facilities (hangars). OMB NO 2120-056669 2. Benefits Anticipated: This taxiway will provide aircraft access to areas currently under development on the south side of the airport. 3. Approach: (See approved Scope of Work in final Application) The airport's consultant prepared the plans and specifications. The project was publicly bid in accordance with FAA standards. 4. Geographic Location: South end of "C" Taxiway at the Yakima Air Terminal. 5. Justification for Force Account Work: (if applicable) Airport personnel will be utilized to provide FAA and TSA required safety and security observation of the job site and be present on site to prevent the possibility of any runway/taxiway incursions. Airport personnel are expected to be on the job site for approximately 6 hours per day for a total of 25 days (contract time) for a total amount of approximately $4,300. Accounting and State Audit is estimated at $700. Therefore, total administrative and force account work is estimated to be $5,000. 6: Sponsor's Representative: (incl. address & tel. no.) Jerry G. Kilpatrick, Assistant Manager Yakima Air Terminal — McAllister Field 2400 West Washington Avenue Yakima, WA 98903 509-575-6149 jerry.kilpatrick@yakimaairterminal.com FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 PAGE 6 CIP/PREAPPLICATION DATA SF -7T AIRPORT: Yakima Air Terminal LOCAL PRIORITY: WORK ITEM: Stub Taxiway on "0" Taxiway UPDATED: June, 2006 JUSTIFICATION: The north side of the airport is fully developed. The airport has an increasing demand for general aviation facilities. There are several new hangars being constructed on the south side of the airport adjacent to "C" Taxiway, and a demand for future GA expansion to the west of the taxiway. In order to provide access to general aviation and business jet size aircraft, a new stub taxiway is needed to provide access to the proposed development. SPONSOR SIGNATURE: DATE: c.l • ZCZ) COST ESTIMATE: Item (Excavtob, Paving, etc.) OWNERSUBPI:to k11r�.SiESrr •:FoR SQ(E EXC,WA'k1Qt1 ONLY l:E4AULCtdt1.TE: {:.Tb SC IE Wl1STl;'StTE cortcr©s ADMINISTRATION: ENGINEERING: INSPECTION: ADO USE: PREAPP GRANT NPIAS NO: NO: CODE: $ 5,000 1 Construction $ 163,353.33 4: $ $ 13,783 2: $ 5: $ $ 20,705 3: $ TOTAL: $ 202,841.33 WORK CODE: FAA PRIOR: FED $ CIP/PREAPPLICATION DATA SP"--71- AIRPORT: P'"'TAIRPORT: Yakima Air Terminal LOCAL PRIORITY: WORK ITEM: Update Aviation Demand Forecast UPDATED: June, 2006 SKETCH: /_)M - JUSTIFICATION: An updated Aviation Demand Forecast is needed to verify the Airport Reference Code. The ARC is utilized to identify the relevant airport design standards for runway safety areas, obstacle free areas, and runway protection zones. SPONSOR SIGNATURE: DATE: COST ESTIMATE: ADMINISTRATION: ENGINEERING: INSPECTION: ADO USE: PREAPP GRANT NPIAS WORK NO: NO: CODE: CODE: Item (Excavation, Paving, etc.) $ 1: $ 4 $ $ 24,183 2: $ 5 $ $ 3: $ TOTAL: $ 24,183 FAA PRIOR: FED $ ASSURANCES Airport Sponsors A. General. Appendix 1 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful 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 the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seq.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act — 5 U.S.C. 1501, et seq.= Airport Assurances (3/2005) 1 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.' 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974 - 16 U.S C 469 through 469c.' h. Native Americans Grave Repatriation Act - 25 U.S C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 1. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. P. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.' r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.' s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.' t. Copeland Anti kickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.' v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.' x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CPR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CPR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CPR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' Airport Assurances (3/2005) 2 h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j 49 C1.R Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.] 2 m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. i o. 49 CFR Part 29 — Government wide debarment and suspension (nonprocurement) and government wide requirements for drug-free workplace (grants). P. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of' countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133 - Audits of States, Local Governments, and Non -Profit Organizations 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code, Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person Airport Assurances (3/2005) 3 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 the 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 the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local 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 Airport Assurances (3/2005) 4 property which includes provisions specified by the Secretary It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. S. 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. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed; and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance, With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such Airport Assurances (3/2005) 5 reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved Airport Assurances (3/2005) 6 plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in 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 with its use for airport purposes. It will suitably Airport Assurances (3/2005) 7 operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Airport Assurances (3/2005) 8 c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniforudy applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 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, g. Airport Assurances (3/2005) 9 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. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in 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. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c, Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use Airport Assurances (3/2005) 10 agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments; available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an anmnal report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that — a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds, 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall Airport Assurances (3/2005) 11 be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. Airport Assurances (3/2005) 12 c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart 13 of 49 C.FR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure Airport Assurances (3/2005) 13 non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that - 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Assurances (3/2005) 14 CURRENT FAP DVISORY CIRCULARS FOR -P/PFC PROJECTS Updated on: 6/15/05 The Following Apply to Both AIP and PFC Projects Number 70/7460-1K and Change 1 150/5000-13 150/5070-6A Title Obstruction Marking and Lighting Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors Airport Master Plans 150/5200-28B Notices to Airmen (NOTAMS) for Airport Operators 150/5210-58 Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-7C Aircraft Fire and Rescue Communications 150/5210-13A Water Rescue Plans, Facilities, and Equipment 150/5210-14A Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue & Firefighting Station Building Design 150/5210-18 Systems for Interactive Training of Airport Personnel 150/5210-19 Driver's Enhanced Vision System 150/5220-43 Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-103 Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220-13B Runway Surface Condition Sensor Specification Guide 150/5220-16C Automated Weather Observing Systems (AWOS) for NonFederal Applications 150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities 150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-19 Guide Specification for Small Agent Aircraft Rescue and Firefighting Vehicles 150/5220-20 and Change 1 Airport Snow and Ice Control Equipment 150/5220-218 Guide Specification for Devices Used to Board Airline Passengers With Mobility Impairments 150/5220-22 and Change 1 Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5300-13 and Changes 1 Airport Design through 7 150/5300-14 and Changes 1 Design of Aircraft Deicing Facilities through 2 150/5320-53 Airport Drainage 150/5320-6D and Change 1 Airport Pavement Design and Evaluation 150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes 150/5320-15 and Change 1 Management of Airport Industrial Waste 150/5320-16 Airport Pavement Design for the Boeing 777 Airplane 150/5325-4A and Change! Runway Length Requirements for Airport Design 150/5335-5 and Change 1 Standardized Method of Reporting Pavement Strength PCN Standards for Airport Markings Installation Details for Runway Centerline Touchdown Zone Lighting Systems Segmented Circle Airport Marker System 150/5340-1H and Change 1 150/5340-4C and Changes 1 through 2 150/5340-5B and Change! 150/5340-143 and Changes 1 Economy Approach Lighting Aids through 3 150/5340-17B Standby Power for Non -FAA Airport Lighting Systems 150/5340-18C and Change 1 Standards for Airport Sign Systems 150/5340-21 Airport Miscellaneous Lighting Visual Aids 150/5340-238 Supplemental Wind Cones 150/5340-24 and Change 1 Runway and Taxiway Edge Lighting System 150/5340-27A Air -to -Ground Radio Control of Airport Lighting Systems 150/5340-28 Low Visibility Taxiway 150/5340-29 Installation Details for Land and Hold Short Lighting Systems 150/5345-3E Specification for L-821 Panels for Control to Airport Lighting 150/5345-5A Circuit Selector Switch 150/5345-7E Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10E Specification for Constant Current Regulators Regulator Monitors 150/5345-12C Specie Jn for Airport and Heliport Beacon 150/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26C Specification for L-823, Plug and Receptacle, Cable Connectors 150/5345-27C Specification for Wind Cone Assemblies 150/5345-28D and Changel 150/5345-39B and Change 1 150/5345-42C and Change 1 150/5345-43E 150/5345-44F and Change 1 150/5345-45A 150/5345-46B 150/5345-47A 150/5345-49A 150/5345-50 and Change 1 150/5345-51 and Change 1 150/5345-52 150/5345-53B 150/5345-54A and Change 1 150/5345-55 150/5360-9 150/5360-12D 150/5360-13 and Change 1 150/5370-2E 150/5370-10A and Changes 1 through 13 150/5380-6 Guidelines and Procedures for Maintenance of Airport Pavements 150/5390-2A Heliport Design 150/5390-3 Vertiport Design 150/5395-1 Seaplane Bases Precision Approach Path Indicator Systems (PAR) FAA Specification L-853, Runway and Taxiway Centerline Retroreflective Markers Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories Specification for Obstruction Lighting Equipment Specification for Taxiway and Runway Signs Lightweight Approach Light Structure Specification for Runway and Taxiway Light Fixtures Isolation Transformers for Airport Lighting Systems Specification L-854, Radio Control Equipment Specification for Portable Runway Lights Specification for Discharge -Type Flasher Equipment Generic Visual Glideslope Indicators (GVGI) Airport Lighting Equipment Certification Program Specification for L-1884 Power and Control Unit for Land and Hold Short Lighted Visual Aid to Indicate Temporary Runway Closure Planning and Design of Airport Terminal Facilities at Non -Hub Locations Airport Signing & Graphics Planning and Design Guidance for Airport Terminal Facilities Operational Safety on Airports During Construction Standards for Specifying Construction of Airports Number 150/5100-14C The Following Additional Apply to AIP Projects Only 150/5100-17 and Changes 1 through 4 150/5200-30A and Changes 1 through 5 Title Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects Airport Winter Safety and Operations 150/5200-33 Hazardous Wildlife Attractants on or Near Airports 150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5370-68 Construction Progress and Inspection Report --Airport Grant Program 150/5370-11 and Change 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects The Following Additional Apply to PFC Projects Only Number Title 150/5000-12 Announcement of Availability-- Passenger Facility Charge (PFC) Application (FAA Form 5500-1) STANDARD DOT TITLE VI ASSURANCES The Yakima Air Terminal Board (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21., Nondiscrimination in Federally Assisted Programs of the Department of Transportation- -- Effectuation of Title VI of the Civil. Rights Act of 1:964 (hereinafter referred toes the "Regulations") to the. endthat no person in the .United States shall, on -the -ground of race, color, ornationaf origin, be excluded from- participation..ih,. be denied the 'benefits ot or be othenivise subjected to -discrimination under:any: program or activity for which: the appficant::receivesFederal financial assistance and will immediately take any measures necessary to effectuatethis agreement. Without 1iniiting the above general assurance, the Sponsoragrees. concernin.g.!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 ail requirements of the Regulations.. 2. it. will insert the clauses. of Attachnient.1 of this assurance in every contract subject. to the Act and_the Regulations. 3: Where Federal financial es.sistanceis received to construct a facility, or part. of :a facility, the assurance shall':extendto the entire facility and facilities:ope:ratedin connection therewith. 4. Where Federal finencial_assistance.is in the: form or forthe acquisition: of real property.or eri interest: inreal: property, the assurance shall extend.to :rights to space on, over, or under such property. 5. it will include the. appropriate clauses setforth in.Attachm:ent 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: sUbsequenttransferof real property:acquired or imprOvedvvith::Fe:deral: financial: assistance: underthis.project; and (t) for the: construction. or use.of or -access to.s.pace 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 isto: .provide,, or is in. the formof personal property or real: property or. interest.therein: or structures or improverrieritsthereon, _inwhich case the surance obligates:theSponsor orany transfereefor thelonger of the:following periods:: .(a) the period. during which the property letfsed fora purpose for: which -Federal: financial assistance is extended, or.:foranother purpose involving the provision of. similar services or benefits; :or (b): the. period during which the Sponsorreteins ownership or possession. of the. property. 7; It will provide: for such methods of:adrninistration 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, sub.grantees:, contractors,. subcontractors, transferees, successors: in. interest;. and other participants: of Federal financial assistance under such prograrrm. will comply with all requirements. imposed or pursuentto the: act, the- Regulations,. and this: assurance. 'Page 1 of 2 STANDAku DOT TITLE VI ASSURANCES (Continued) 8. i#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 June 7, 2006 Jerry G. Kilpatrick, Assistant Airport Manager Yakima Air Terminal (Sponsor) (Sign f e: • _.Author:. ed Official) Page 2 of 2 CON . RACTOR CONTRACTUAL REQUI.ACMENTS • .ATT.ACHMEN• T 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. Compliancewith Requlations. The contractor shall comply- with:the regulations relativeto nondiscrimination in federally assistedprOgrarts 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 referredloas the:Regulations), Which are hereinincorp.orated by reference and :made a part of this. contract. 2.. Nondiscrimination:. The contractor, with regardto. the work.perform.ed by it during. the contract, :shafl. notdiStrirairiate- onthe.grOuritit of -race, color; ornatiOnalorigin in the selectiOn: and retention of subcontractors, ;includin:gprOCUreMents of Material:sand leases of equipment. the contractor Shalknot participate either directly of indirectly in the,cliscriminatiotTprohibited:bysection .?1-.5 of the. Regulations including employment practices when the COntratttOvers.a-program. set forth in Appendi•B of the Regt11atiori 3. SolicitationsforSubcontracts„ Includinq Procurements: of Materials and Equipment-. in all solicitations • either by competitive bidding. ornegotiati.on made by the: contractor for:work to be perfOrm.ed under a subcontract, including procurements of Materiels 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 RegulatioriSTelatiVe.tO:nondiscritninatiOn- on the groUnds of race, color, 'or -national -origin. 4. Information. and.keportS. The -contractor thallprovide allinfOrmatiOn and reports required bythe Regulations:or directives issued pursuanttheretoand shall permit to fts books, records,. ettourits,. other sources of information„ -and its facilitiesasmay be determined'bythe Sponsor or the Federal Aviation: AdrrtinistratiOn-TANIO.be,pettitiehtld ascertain cOrtipliaritewithsUth:RegUlatidns„ orders, and instructions,: Where any information required of a contract isin the-exclusNepossessiOn of another who:fails:or refuses to .furnisit thiSitiftrmation, the contractOr Sh:all-SO Certify la the sponsor or the: FAA, as apprOpriate, and shall set forth whateffOrts it •haSmadeforobtainthei information, : 5 Sanctions for NontOrnpliente, In the.:eVentofthe: tontractOeS nOncOMpliarite: with -the nondiscrimination: provisions of this contract, the sponsor.shall impose such :contract.sanctionsas. it or the FAA rriaydeterMine kite -appropriate., including:, but nbtliMited a.. :Withholding,of payments to- the tontractorunderthe contractuntiithe Contractor -complies, andlor b.. 'Cancellation, termination, or suspension of thectintract in-whOle or in part. 6. incorporation of Provisions:. Thecontractor shell include-thepro.visions of paragraphs 1 through 5 in every subcontract, inClu.ding'OraturernentS of materials and leases of eqUiprrient, UnleSts-e5(eMpt 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 hOncoMplierice.. Provided, however, that in the-eventa-toritrattOr 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 fitigatiOnto.prOtect-theintereste 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 th.e 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 .lan.d") that in the .eVerit.faCilitieS.are.c.OnstruCted, maintained, or otherwise operated on the said property described in this (deed, -licenser leaser permit, etc.): for a purpose for which -a DOT program: or' activity is extended or for another purpose involving the-provisiba.of simIar services or benefits,. the:(grantee, licens.ee„ lessee,i permittee, etc.):shatimaintain and operate -such. facilities and services in compliance With-ali other requirements: unposed pursuant to 49 CFR Part 21, NondiScrirriinatiOn in: Federally.Atsisted.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 nationat origin shall be::excluded from:participation-'in„ denied the benefits., of, or be: otherwisesubjectedto discrimination in thesuse:.of said .facilities, (2). that in the Construction -of any improvements ,on, :over; Or UndersuO.hiand arid. the furnishing of services thereon,. no person, on the grounds of race, Color; or natibilai origin shall be :excluded -from participation in, denied. thebenefits of orbtherwiSabe subjectedto discrimination-, (3) that the (grantee, iicensee, permittee, shall: use: the premises in compliance with aJI other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally. Assisted Programs of the. Department of Transportation,. arid as said Regulations May be amended.. REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: Yakima Air Terminal — McAllister Field LOCATION: Yakima, Washington AIP PROJECT NO.:: AIP-3-53-0089-26 STATEMENTS APPLICABLE TO THIS: PROJECT Stub 'Taxiway on "C" Taxiway a. INTEREST OF NEIGHBORING:CONIMUNITIES In formulating this project, consideration has been given to theinterest .olcommunities that are nearthe Yakima Air TerminaL El b. THE DEVELOPMENT PROPOSED IN THIS PROJECT wrU 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 jurisdiOtiOn. c. 'F.130 COORDINATION: The eirpOrt deVelopment proposed inthisproject haIppeiT coordinatedwith the FiXedEQa8e..OperatOr(S)Litill2ing.the Yakima Air Terminal — McAllister Field and they have been informed regarding the scope andilature of this lE) d. THEPROPOSED:pROJECT IS CONSISTENT with existing approved plansfor the area, surroundingthe _ airport. The.above.statements: have been duly considered and are applicable to this project. (Provide comment for any statementnetchecked):: BY: ry G. Kilpatriok DATE: June 7, :2006. TITLE: Assistant Airport:Manager :SPONSORING:AGENCY: Yalcima.Air Terminal— McAllister Field NOTE: :Whete.olipoeitiarOs stated.tdetta!tport tetielbpmehtpeofecti whetherexpressly or by.bropbsed revisior, tttettillow!ng. specific ibrotrp;tion:cohdething.the opposition:to the rito106t:mbpt belpthishett. Id6ntifiCatibri.of the Federal, state, or lodargOVerritentat.agendy, Or the peroon:Or p.ereOne-OppOSIN:the project 'Mine b. Thenptureand basie of oppoeitign;. c.. 4OhsoCa.bian.tb:adbot.nmbdate,or, otherwiae- eatiofy the.oppositiOn;- .. d. Whether an opportunity for eilearing Vas -affOrded, :and- if a ,hearirig: wee held;. an- analyais -of the facts developed at the hearing as theyrelateto the social, ecOnotio,..drici-envirOrirrierital..aepeots.of the .propoeed project and its consistency. With the goal's and objectives. Of such. tirban planning has -been.cartied out by. the community. 0, if the -opponents proposed -any alternatives,. whatthese alternatives: wereand the. reason for nonacceptance;, T. g. Sponsors : Plans, : if ariy; to tinitize: any adverse effects of the project; Benefits to. be. gained by. the:brpppaed development; and Any:other liertihent WOrmation:viihibh *ouldlie Of assistance in determihind Vvhether ft,. proceed With:the project, CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledgeand 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 Federaloontratt, 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 inflUenee. an officer or employee of any agency, a Member of Congress; an officer or employee of congress, or ari employee Of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the unclerSigned 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: Oertification be 'included; in the award documents for all sObawarcis: 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 pf factupori 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 Code; Any person who fails to ff le the required certification shall be: subject to a civil penalty of not less than $107000: and not. more than $40.0,000 for each.such: failure, Signed: ‘. Date June 7,20.06 Spos's A horizecl epresentative. Title Jerry G Kilpatrick, Assistant Airport Manager CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Alternate 1. (Grantees Other Than Individuals) A. The grantee certifies that it will- or will continueto provide a drug-free. workplace by: (a) Publishing a statement notifying, employees that the unlawful. man.ufacture, distribution, dispensingpossession, or of a contr011ed substance is prohibited in the grantee's workplace .and speCifying. the: actions:that Will be taken -against employees for violation. of such prohibition: (b) Establishing an-ong.oing.drug-free awareness -program to inform employees about - (1) The dangers of drug abuse in the workplace; py The: grantee'S..pOlity-Of rflairitaining a.dr.4.-.free Workplace; (3) Any available drug couriSel [rig, rehabilitation,..and employeeassistance programs; and (4) The penalties that may be imposed upon -employees for drug abuse violations occurring. in the -workplace; (c): Making ita: requirement that each employee tobe engaged in the perform.anceof the grant be given a copy of the statement required by ,paragraph,.(a); (d) Notifying the ernployeein the statement required by :paragraph (a) that, :as a tonditiOn.of erriplOyMent underth:e grant. theempioyeeviii- m Abide by the terme.of the statement; and (2) Notify theemployerin-writing Of: his -or her conviction for 8 -violation .ofa criminal drug. statute occurring in the workplace no later -than five -calendar day8-:after such.cOnviction; (e) Notifying the. agency in:writin.g,. within .ten calendar after receiving notice under paragraph (d)(2) from an employee. or otherwise: receiving actual:notice of such con.Viction. 'EmployerS::of:ConViCted employees MUSt provide. notice,. including: to. every grant officer or other designee on whose grant activity the .convicted employee was working, unless the Federal pgooty..hpt-clOinafe0,-a.cer.-ifrOf point:fbr the receipt of such notces Notices Shall include .the: identificatiOn, nuMber(s) ofeach.:affectedgrant; (f) Taking one of the: following actions:, within 30 calendar days of receiving .notice under :paragraph: (d)(2),. with respectitO any employee: who is SO.COnVicted- (1.). Taking appropriate personnel action against such an. erriplOy.ee, up. to :and including termination,. consistent with the requirements of the Rehabilitation -Act. of 1:973, as:ame.nded or Pagel of 2 CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS (Continued) Alternate 1. (Grantees Other Than Individuals) (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitationprogram approved for such purposes by a Federal, State, or local, health, law eriforcernent, or other appropriate agency; •(g) Making a good faith. effort to: continue to maintain a drug-free workplace through implementation of paragraphs (a), :(b), (c), (d), (e), and (f), B, The grantee, may insert in the space provided below the site(s) for the performance of work done in Conneilon with: the:speCifiC grant: Place: of PerfOrmance (Street address, city, county, state, zip code) Ya.kirna.Air Tertriinai — MCAlliSter-Field, 2400 liyeStliVaShington. Avenue Yakinlai WaShingtOn. 98903: C heck if there: areworlkpIaces-onfile-that:.are..not identified .hera. Signat re f der ying-offici 1 -Jerry.-G. Kilpatrick, Assistant Airport Manager Title June 7, 2006 Date litge4 of 2 3, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 02 O A For Meeting Of 7/11/06 ITEM TITLE: Consideration of Joint Resolution Ratifying an Application for Federal Assistance from the FAA for Airport Terminal Security Requirements SUBMITTED BY: Dick Zais, City Manager CONTACT PERSON/TELEPHONE: Buck Taylor/575-6149 SUMMARY EXPLANATION: The Yakima Air Terminal Board has submitted to the Federal Aviation Administration an application for federal assistance for reimbursement for two separate projects at the airport. The projects are: Construct connector taxiway (stub taxiway on Taxiway C), and Miscellaneous planning study (update aviation demand analysis). Accordingly, it is requested that the attached resolution ratifying the signature of Jerry G. Kilpatrick, Assistant Airport Manager, on the grant application be adopted. Resolution X Ordinance Contract _ Other (Specify) Grant Agreement Funding Source APPROVED FOR SUBMITTAL: 6 -Z City Manager STAFF RECOMMENDATION: Adopt Joint Resolution BOARD/COMMISSION RECOMMENDATION: Adopt Joint Resolution COUNCIL ACTION: VA, K IAA 1,3 2400 West Washington Ave. Yakima, Washington 98903 (509) 575-8199 (509) 575-8185 fax June 29, 2006 City of Yakima Yakima City Council 129 North 2nd. Street Yakima, Washington 98901 Dear Council Members: CI FY A JUN 2 8 2006 OFFICE ©r CITY COUNCIL The Federal Aviation Administration has offered a Grant in the amount of $215,672 as reimbursement for two separate projects at the airport. The projects are: Construct connector taxiway (stub taxiway on Taxiway C), and; Miscellaneous planning study (update aviation demand analysis). The Yakima Air Terminal Board requests the Yakima City Council adopt the attached resolution authorizing the City Manager and City Attorney to sign the enclosed Federal Aviation Administration Grant Agreement and Certificate of Sponsors Attorney, and ratify the signature of Jerry G. Kilpatrick, Assistant Airport Manager, on the Grant Application. As you may recall from previous such resolutions, this is a formality required by the FAA. We respectfully request this action be taken at your July 11, 2006 City Council meeting. The Yakima County Commissioners have also been requested to consider this resolution at their meeting on the same date. Thank you for your consideration in this matter. Sincerely, Buck Taylor Airport Manager enclosures: FAA Grant Application and Grant Agreement Joint Resolution - AIP-26 2400 West Washington Ave o Yakima, Washington 90903 (509) 575-6149 - (509) 575-6185 Fax June 29, 2006 Yakima County Commissioners Yakima County Courthouse, Room 416 Yakima, Washington 98901 Dear Yakima County Commissioners: The Federal Aviation Administration has offered a Grant in the amount of $215,672 as reimbursement for two separate projects at the airport. The projects are: Construct connector taxiway (stub taxiway on Taxiway C), and; Miscellaneous planning study (update aviation demand analysis). The Yakima Air Terminal Board requests the Board of County Commissioners adopt the adopt the attached resolution authorizing the Chair of the Commissioners and Prosecuting Attorney to sign the enclosed Federal Aviation Administration Grant Agreement and Certificate of Sponsors Attorney, and ratify the signature of Jerry G. Kilpatrick, Assistant Airport Manager, on the Grant Application. As you may recall from previous such resolutions, this is a formality required by the FAA. We respectfully request this action be taken at your July 11, 2006 City Council meeting. The Yakima City Council has also been requested to consider this resolution at their meeting on the same date. Thank you for your consideration in this matter erely, uck Taylor Airport Manager enclosures. FAA Grant Agreement and Grant Application Joint Resolution - AIP-26