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HomeMy WebLinkAboutR-2009-025 Joint City/County Federal FAA Assistance Grant Application 3-53-0089-28CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION Resolution # R-2009-25 Resolution # 65-2009 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 January 29, 2009 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 3-53-0089-28 (the "Project"), is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved the following projects: 1) Runway 27 Safety Area Project — Realignment of South 16th Avenue; 2) Install Enhanced Centerline Markings per FAA Design Standards, and; 3) Update Runway and Taxiway Guidance System Faceplates to meet current FAA design criteria. 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 five (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 January 29, 2009, on their behalf by Jerry G. Kilpatrick, Acting Airport Manager, and that they jointly and severally adopt and ratify the representations and assurances contained therein, and; is understood that the word ASponsor= 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-28 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 upon receipt. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Application for Federal Assistance and Standard DOT Title VI Assurances dated January 29, 2009, 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 ASponsor 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 upon receipt. ADOPTED BY THE CITY COUNCIL this 3`d day of February, 2009. City Clerk Joint Resolution - AIP-28 avid Edler, Mayor, City of Yakima BE IT HEREBY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS: The Application for Federal Assistance and Standard DOT Title VI Assurances dated January 29, 2009, executed by Jerry G. Kilpatrick, Acting 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 ASponsor- 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 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 upon receipt. DONE this 3rd day of February 2009. Attest: Christina S. Steiner Clerk of the Board Joint Resolution - AIP-28 daldi J. Elliott,wid Chairman Michael D. Leita, Commissioner in J. ^hey, Commissioner Constituting : Board ofCounry Commissioners for Yakima County, Washington Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED - January 29, 2009 Applicant Identifier AIP-3-53-0089-28 1. TYPE OF SUBMISSION: Application ® Construction ❑ Non -Construction Preapplication 0 Construction 0 Non -Construction 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY - Federal Identifier . 5. APPLICANT INFORMATION Legal Name: Yakima Air Terminal Board - Organizational Unit: Yakima Air Terminal — McAllister Field Department: Airport Administration - Organizational DUNS: 17-543-4471 Division: Address: Name and telephone number of person to be contacted on matters involving this application (give area code) Street: 2400 West Washington Avenue 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 EIN): Phone number (give area code): 509-575-6149 FAX number (give area code): 509-575-6185 9 1- 1 1 8 3 8° 9 8 8. TYPE OF APPLICATION: ►.1 New ■ Continuation ■ Revision 7. TYPE OF APPLICANT: (See track of form for Application Types) 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 Federal Aviation Administration, Seattle ADO. ,---- �11. Other (specify) 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 1) Runway 27 Safety Area Improvements, Realignment of So. 16th Avenue. 2) Install Enhanced Taxiway Centerline Markings. 3) Install New Runway/Taxiway Guidance Sign Faceplates to meet current FAA standards. 2 0- 1 0 6 TITLE: 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): Central Washington State 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date 9/09 Ending Date 12/10 a. Applicant Fourth b. Project Fourth ' 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS • a. Yes. 0 THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. IS PROGRAM IS NOT COVERED BY E. O. 12372 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Federal $ 3,990,000 mu b. Applicant $ .uu c. State $ .uu d. Local $ 210,000 .uu e. Other $ -UU f. Program income $ 'O° 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑Yes If "Yes" attach an explanation in No g. TOTAL $ 4,200,000 "uu 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 Acting Airport_ Manager:.:. _ - c. Telephone number (give area code) 509-575-6149 d. Signature of Authorized"Representative. r . e. Date Signed { z e .42 (.19, ^^ Previous Editions Not Usable Authorized for Local Reproduction . • andard Form 424 (Rev.a- Prescribed by OMB Circular A-102 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART II PROJECT APPROVAL INFORMATION SECTION A 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'? ['Yes ZNo Name of Agency or Board (Attach Documentation) (Attach Comments) Item 3 Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? Yes No Item 4 • Does this assistance request require State, local, regional or other planning approval? ['Yes No Name of Approving Agency Date Check One: State ❑ 5. Local proposed project covered by an approved Regional ❑ ,prehensive plan? ZYes ❑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? Ekes ®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 10. ;re other related Federal assistance on this project previous, pending, or anticipated? ❑Yes No See instructions for additional -information to be provided. FAA Form 5100-100 (6-73) SUPERSEDES FM FORM 5100-10 PAGES 1 THRU 7 Page 2 U.S DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II — SECTION C The Sponsor hereby represents and certifies as follows: OMB NO 2120-0569 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 (4-76) Page 3a U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART I1 — 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 reasonabletime, 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 s character of property interest in each area and list and identify for each all exceptions, encumbrances, and :rse 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 ATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART III— BUDGET INFORMATION - CONSTRUCTION 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 $ $ $ 40,000 2. Preliminary Expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 5. Other architectural engineering fees 25,000 6. Project inspection fees 350,000 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 3,785,000 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) 4,200,000 20. Federal Share requested of Line 19 3,990,000 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20 & 21) 23. Grantee share 210,000 24.• Other shares 25. Total project (Lines 22, 23, & 24) $ $ $ 4,200,000 FAA FORM 5100-100 (6-73) SUPERSEDES FAA FORM 5100- OMB NO. 2120-0569 U.S. DEPARTMENT OF TRANSPOR 1 A 1 IUN - r-tutr ML AVIA I wry ..4J1.111.1J I .... i 1..t. - SECTION C - EXCLUSIONS 26. Classification Ineligible for Participation (t)• 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) 210,000 d. Bonds e. Tax Levies f. Non Cash' g'.Other (Explain) h .TOTAL — Grantee share 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 210,000 SECTION E - REMARKS Grantee's share will be financed through the Passenger Facility Charge Program. CIADT nr oDnc-ROM MARRATIVF (ATTACH—SF_F INSTRUCTIONS) arm 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 PAGE 5 PART IV PROGRAM NARRATIVE (Suggested Format) U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PROJECT: Runway 27 Safety Area Project - Realignment of So. 16th Avenue. AIRPORT: Yakima Air Terminal - McAllister Field 1. Objective: Enhance aircraft safety by providing a runway safety area consistent with current FAA desij standards. OMB NO 2120-056 2. Benefits Anticipated: Enhanced Safety. 3. Approach: (See approved Scope of Work in final Application) The airport's consultant prepared has prepared the plans and specifications under another grant. The Airspace and Environmental reviews have been completed. The plans and specifications will be published and a call for bids will be announced in accordance with FA guidelines. 4. Geographic Location: Approach end of Runway 27, the primary ILS runway at Yakima. 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. 6: Sponsor's Representative: (incl. address & tel. no.) Jerry G. Kilpatrick, Acting Airport 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 PAG CIP/PREAPPLICATION DATA SHEET AIRPORT: Yakima Air Terminal LOCAL PRIORITY: UPDATED: January, 2009 WORK ITEM: Runway 27 Safety Area Project — Realignment of South 16th Avenue. SKETCH: Project sketch were included in the EA and Plans and Specifications. JUSTIFICATION: Currently, YKM does not have a standard safety area for it's primary ILS runway. This project relocate a major arterial highway outside of the Runway Safety Area, grade and level the .safe,_ area to FAA specs, and provide a service road around the RSA to reduce the potential of vehicular incursions on Runway 9-27. SPONSOR SIGNATURE: COST ESTIMATE: Item (Excavation, Paving, etc.) ADMINISTRATION: ENGINEERING: INSPECTION: ADO USE: PREAPP NO: DATE: $20,000 1 Construction $ 3,500,000 4: $ Completed 2: $ 5: ' $ $ 350,000 3: $ TOTAL: $ 3,870,000 GRANT NO: NPIAS CODE: WORK CODE: FAA PRIOR: FED $ CIP/PREAPPLICATION DATA SHEET AIRPORT: Yakima Air Terminal LOCAL PRIORITY: UPDATED: Januar 2009 WORK ITEM: Install Enhanced Taxiway Centerline Markings SKETCH: Not pertinent to this project JUSTIFICATION: Changes in FAA design standards has required that the airport install enhanced taxiway centerline markings near the hold bars of runways. This project will a for the installation of these new markings to enhance safety in low visibility conditions. SIGNATURE: SPONSORDATE: -�{ COST ESTIMATE: Item (Excavation, Paving, etc.) ADMINISTRATION: ENGINEERING: INSPECTION: $ 5,000 1 Construction $ 35,000 4: $ $ 6,000 2: $ 5: $ $ 4,000 3: $ • TOTAL: $50,000 ADO USE: PREAPP GRANT NPIAS WORK FAA NO: NO: CODE: CODE: PRIOR: FED $ CIP/PREAPPLICATION DATA SHEET AIRPORT: Yakima Air Terminal LOCAL PRIORITY: UPDATED: Januar 2009 WORK ITEM: Replace Taxiway and Runway Guidance Sign Plates. SKETCH: Not pertinent to this project JUSTIFICATION: Changes in FAA design standards has required that the airport install n faceplates on the taxiway and runway guidance sign system. Installing the new sign plat will bring the taxiway/runway guidance system up to current FAA design standards. Thi: project was promoted by FAA, Safety and Certification. SPONSOR SIGNATURE: COST ESTIMATE: ADMINISTRATION: ENGINEERING: INSPECTION: ADO USE: PREAPP NO: Item (Excavation, Paving, etc.) DATE: j 1"11/d( $ 15,000 1 Construction $ 250,000 4: $ $ 10,000 2: $ 5: $ $ 5,000 3: $ TOTAL: $280,000 GRANT NO: NPIAS CODE: WORK CODE: FAA PRIOR: FED $ Appendix 1 ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as partof 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." f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(1).' g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.' 1. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(1)) 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 - Intergovermnental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Enviromnental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' 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 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.12 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.1 • 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 These laws do not apply to airport planning sponsors. 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. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location.of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. 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. 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. g. 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, fine, 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 uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. g. 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 efficientoperation of the airport. The sponsor may prohibit or limit any given type, kind or class of 'aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing.more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, 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 annual report listing in detail: • (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (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) 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 B of 49. CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure 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 progrun, 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 FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 6/15/05 The Following Apply to Both AIP and PFC Projects Title Number 70/7460-1 K and Change 1 150/5000-13 150/5070-6A 150/5200-28B 150/5210-5B 150/5210-7C 150/5210-13A 150/5210-14A • 150/5210-15 150/5210-18 ......... . 150/5210-19 150/5220-4B 150/5220-10B 150/5220-13B 150/5220-160 150/5220-17A 150/5220-18 150/5220-19 150/5220-20 and Change 1 150/5220-21B 490/5220-22 and Change 1 15300-13 and Changes 1 .,ough 7 150/5300-14 and Changes 1 through 2 150/5320-5B ........ 150/5320-6D and Change . ........... ... ....... 150/5320-12C 150/5320-14 150/5320-15 and Change 1 150/5320-16 150/5325-4A and Change/ 150/5335-5 and Change 1 150/5340-1H and Change 1 150/5340-4C and Changes 1 through 2 150/5340-5B and Change/ 150/5340-14B and Changes through 3 150/5340-17B 150/5340-18C and Change 1 150/5340-21 150/5340-23B 150/5340-24 and Change 1 150/5340-27A • 150/5340-28 150/5340-29 '50/5345-3E 0/5345-5A I50/5345 -7E 1.50/5345-10E .......... Obstruction Marking and Lighting Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport_ Surface Movement Sensors Airport Master Plans Notices to Airmen (NOTAMS) for Airport Operators Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Fire and Rescue Communications • Water Rescue Plans, Facilities, and Equipment Airport Fire and Rescue Personnel Protective Clothing Airport Rescue & Firefighting Station Building Design Systems for Interactive Training of Airport Personnel Drive's Enhanced Vision System Water Supply Systems for Aircraft Fire and Rescue Protection Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles Runway Surface Condition Sensor Specification Guide Automated Weather Observing Systems (AWOS) for NonFederal Applications Design Standards for Aircraft Rescue Firefighting Training Facilities ...... ...... Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and.Materials. Guide Specification for Small Agent Aircraft Rescue and Firefighting Vehicles Airport Snow and Ice Control Equipment Guide Specification for Devices Used to Board Airline Passengers With Mobility Impairments Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns Airport Design Design of Aircraft Deicing Facilities Airport Drainage Airport Pavement Design and Evaluation Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces Airport Landscaping for Noise Control Purposes Management of Airport Industrial Waste Airport Pavement Design for the Boeing 777 Airplane Runway Length Requirements for Airport Design 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 Economy Approach Lighting Aids Standby Power for Non -FM Airport Lighting Systems Standards for Airport Sign Systems Airport Miscellaneous Lighting Visual Aids Supplemental Wind Cones Runway and Taxiway Edge Lighting System Air -to -Ground Radio Control of Airport Lighting Systems • Low Visibility Taxiway Installation Details for Land and Hold Short Lighting Systems Specification for L-821 Panels for Control to Airport Lighting Circuit Selector Switch Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits Specification for Constant Current Regulators Regulator Monitors 150/5345-12C 150/5345-13A 150/5345-26C 150/5345-27C 150/5345-28D and Change/ 150/5345-39B and Change 1 150/5345-42C and Change 1 150/5345-43E 150/5345-44F and Change 1 150/5345-45A 150/5345-468 150/5345-47A 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 13 150/5380-6 150/5390-2A 150/5390-3 150/5395-1 Number 150/5100-14C 150/5100-17 and Changes 1 through 4 150/5200-30A and Changes 1 through 5 150/5200-33 150/5300-15 150/5370-6B 150/5370-11 and Change 1 150/5370-12 Number 150/5000-12 Specification for Airport and Heliport Beacon Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits Specification for L-823, Plug and Receptacle, Cable Connectors Specification for Wind Cone Assemblies Precision Approach Path Indicator Systems (PAPI) 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 LightingEquipmentrtification Program Certification 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 - Guidelines and Procedures for Maintenance of Airport Pavements Heliport Design Vertiport Design Seaplane Bases The Following Additional Apply to AIP Projects Only 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 Hazardous Wildlife Attractants on or Near Airports Use of Value Engineering for Engineering Design of Airport Grant Projects Construction Progress and Inspection Report --Airport Grant Program Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements Quality Control of Construction for Airport Grant Projects The Following Additional Apply to PFC Projects Only Title Announcement of Availability-- Passenger Facility Charge (PFC) Application (FAA Form 5500-1) STANDARD DOT TITLE VI ASSURANCES The Yakima Air Terminal 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 Ci Rightsil 21Noct of ndiscr9m N64 ondiscrimination on in Federal42 U.S.C. 6ldy Ass set tied Programs.) of requirements imposed by 49 CFR Part the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United e deaied tes she hall, on the ground of race, color, or national origin, be excluded from participation in, benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct afacility, cconne part of a facility,iththe assurance shall extend to the entire facility andoperated 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, -permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal -financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during llch financ�al assistance is to eral financial assistance is extended to the program, except where the Federal 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 hsFeaeralrfi cescial assistance is extended, or for another purpose involving the provision or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and er mlcipants osed oepursf a a t to the financial act the Regulations, such program will comply with all requirementsP and this assurance. Page 1 of 2 STANDARD DOT TITLE VI ASSURANCES (Continued) 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED January 29, 2009 Jerry G. Kilpatrick, Acting Airport Manager Yakima Air Terminal (Sponsor) (Sign of ofuthorizell Official) Page2of2 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programa of the D aP bment �ded fromf ot me tortation (t me hereI(hereinaDOT") Title 49, Code of Federal Regulations, Part 21, Y Ye ame referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national leages of in in the equipmenselection thedContracretentltorshall not on of subcontractors; including procurements of materials • participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Beog Regulations, including employment practices when the contract covers a program set forth in Appendix the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Mat rials and dwork to buipment. Ined under sosoli stations either by competitive bidding or negotiation made by th subcontract, including procurements of mof thteriae contractor'sntractoror lease of 's obligations under each pth sncontrabt and theor or supplier shall be notified by the contractor Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information its and reportbookssre required the Regulations or directives issued pursuant thereto and shall permit other sources of information, and its facilities as may be determined by the Sponsor Federalorthesadd A cations. Administration (FAA) to be pertinent to ascertain assn thepliance exclusivelth such possess possession oflanother' who fails or refuses to Where any information required of a contractappropriate, and shall furnish this information, the contractor shall so certify to the sponsor or the FAA, as appro p set forth what efforts it has made to obtain the information. iance th the 5. Sanctions for Noncompliance In ththe sponsor shall impose suoh e event of the contrator's clontract sanctions ons as it or the nondiscrimination provisions of this contract, FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 5 6. Incorporation of Provisions. The contractor shall include the provisions of p ragrasphs 1 ht uyghe inn equipment, every subcontract, including procurements of materials and leases of Regulations or directives issued pursuant thereto. or the FAA may direct as a means of enforcingr shall take such action such subcontract or procurement as the sponsorsu h provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved e in, or is threatened with, litigation with a subcontractor rsupplier the interests of the sponsorlandthn addition, contractor may request the Sponsor to enter into such litigation to protect the contractor may request the United States to enter into such litigation tb protect the interest of the United Cates. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc,) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: Yakima Air Terminal — McAllister Field LOCATION: Yakima, Washington AIP PROJECT NO.: AIP-3-53-0089-28 STATEMENTS APPLICABLE TO THIS PROJECT Runway 27 Safety Area Project — Realignment of So. 16th Ave; Enhanced Taxiway Centerline Markings; Upgrade Taxiway Guidance Sign System. a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near the Yakima Air Terminal. b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction. ® c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the • Fixed Base Operator(s) utilizing the Yakima Air Terminal — McAllister Field ,and they have been informed regarding the scope and nature of this project. d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. • The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked). BY: Jerry G. Kilpatrick DATE: January 29. 2009 TITLE: Acting Airport Manager SPONSORING AGENCY: Yakima Air Terminal — McAllister Field NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; None b. The nature and basis of opposition; c. Sponsor's plan to accommodate or otherwise satisfy the opposition; d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social', economic, and environmerital aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits -to be gained by the proposed development; -and h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any. agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. Theundersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such.failure. Signed Title Jerry G. Kilpatrick, Acting Airport Manager Date January 29, 2009 CERTIFICATION REGARDING . DRUG-FREE WORKPLACE REQUIREMENTS Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or,otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or' other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- • (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Page 1 of 2 CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS (Continued) Alternate I. (Grantees Other Than Individuals) (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Yakima Air Terminal — McAllister Field 2400 West Washington Avenue Yakima, Washington 98903 Check fI if there are workplaces on file that are not identified here. Signatur o ertify �. o cial Jerry G. Kilpatrick, Acting Airport Manager Title January 29, 2009 Date Page 2 of 2 Airport/Sponsor: AIP #: TITLE VI PRE -AWARD SPONSOR CHECKLIST Yakima Air Terminal — McAllister Field AIP-3-53-0089-28 Project Description(s): 1) Runway 27 Safety Area Project — Realignment of So. 16th Avenue; Enhanced Taxiway Centerline Markings; Upgrade Taxiway Guidance Sign System. Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data concerning the race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or national origin. ® None 2) Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor. Include a summary of the findings. ® None (If "None", continue with questions 3 and 4). Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. ® None Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. ® None To be completed by the Civil Rights Staff Review completed and approved: Signature Date: This checklist is only required for projects that involve one of the following: Environmental Assessment or Impact _ Statement (EIS); airport or runway relocation; major runway extension; relocation of any structure of person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population. aturn to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW; Renton, WA 98055-4056. FAX: (425) 227-1009 Phone (425) 227-2009 For more Title VI information visit the Civil Rights website at http://www.nw.faa.gov/civilrights/home.htm January 29, 2009 YAKIMA AIR TERMINAL McALLUSTER FIELD ;7411r.-,' `! i-r;,L `.V scirn:L:>n .,-e. • Yn-.ir"r, 'v'ia:,t: nqt r 7691:3 • [5091 575 6'.19 • 1E071575-6185 Fax Mr. Dave Edler, Mayor, and Yakima City Council City of Yakima 129 North Second Street Yakima, Washington 98901 Mr. Mike Leita, and Yakima County Commissioners 128 North Second Street Yakima, Washington 98901 City of Yakima Yakima City Council 129 North 2nd. Street Yakima, Washington 98901 Dear Council Members and Commissioners: The Federal Aviation Administration has offered a Grant in the amount of $3,990,000 as 95 percent reimbursement for three separate projects at the airport. The projects are: Runway 27 Safety Area Project — Realignment of South 16`h Avenue; Paint Enhanced Taxiway Centerline Markings, and;,Replace Runway/Taxiway Guidance Sign System Panels. The Yakima Air Terminal Board requests the Yakima City Council and Yakima county Commissioners adopt the attached resolution authorizing the appropriate representatives of the City and County to sign the Federal Aviation Administration•Grant Agreement and Certificate of Sponsors Attorney upon receipt, and, to ratify the signature of Jerry G. Kilpatrick, Acting 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 February 3, 2009 meetings. Thank you for your consideration in this matter. Sincerely, (original signed by) Jerry G. Kilpatrick Acting Airport Manager enclosures: FAA Grant Application • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12_ For Meeting Of February 3, 2009 ITEM TITLE: Joint City — County Resolution ratifying a Federal FAA Assistance Grant Application and authorizing execution and acceptance of a Grant' Agreement for Federal Assistance and Certificate of Sponsor's Attorney between the FAA and the City and County of Yakima, Washington. SUBMITTED BY: Jerry Kilpatrick, Acting Airport Manager CONTACT PERSON/TELEPHONE: Jerry Kilpatrick (575-6149) SUMMARY EXPLANATION: The FAA has offered Yakima Air Terminal, McAllister Field a Grant in the amount of $3, 990,000.00 as a ninety five percent reimbursement for three proposed projects on behalf of the Air Terminal. The projects include (1) the Runway 27 Safety Area Project involving the South 16th Avenue realignment, (2) Paint Enhanced Taxiway Centerline Markings and (3) Taxiway Guidance Sign System Panels. As a joint owner of the Air Terminal the City must ratify the attached Acting Airport Manager's application for FAA grant funds to fulfill the City's responsibility to allow the FAA to extend the desired grant funds to the airport. The City's adoption of the attached Joint Resolution will allow the City Manager and City Attorney to execute, the FAA Grant Agreement and Certificate of Sponsor's Attomey; also necessary to meet the City's compliance with FAA grant assurances and to receive the FAA grant funds. The County will be considering the same actions on its own behalf as co-owner of the Air Terminal. Resolution X Ordinance . Contract Other(Specify) FAA Application For Federal Assistance Contract Mail to (name and address):_ Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Air Terminal Board recommends adoption COUNCIL ACTION: U S Department of Transportation Federal Aviation Administration Grant Agreement Part 1 - Offer Date of Offer: February 12, 2009 Yakima Air Terminal/McAllister Field Yakima, Washington Project Number: 3-53-0089-028 Contract N umber: DOT-FA09NM-0091 Page 1 of 7 pages To: The City of Yakima, Washington and the County of Yakima, Washington (herein called the "Sponsor") From. The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated January 29, 2009, for a grant of Federal funds for a project at or associated with 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. Improve Runway 27 safety area (Phase 2), including realignment of South 16th Avenue, installing perimeter fence, environmental mitigation and monitoring, construction of access driveway and ARFF/airport service road; Install enhanced taxiway centerline markings (Phase 1), Install signs (Phase 1), all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (10-89) Page 2 of 7 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, 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 $2,824,918.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $ 0.00 for planning $2,824,918.00 for airport development or noise program implementation 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the provisions of 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 lsettlement 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 February 20, 2009, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant ,to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to; any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment to the Secretary. It shall furnish 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. FAA Form 5100-37 PG 2 (10-89) Page 3 of 7 pages 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. 9. Trafficking in persons a Provisions applicable 1 You as the recipient, employees may not — to a recipient that is a private entity your employees, subrecipients under this award, and subrecipients' Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure °a commercial sex act during the period of time that the award is in effect; or Use forced labor in the performance of the award or subawards under the award 2 We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subreceipient that is a private entity Is determined to have violated a prohibition in paragraph a.1 of this award term, or ii Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either --- A. Associated with performance under this award; or B. Imputed to your or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a,subrecipient that is a private entity — 1 Is determined to have violated an applicable prohibition in paragraph a 1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either — Associated with performance under this award, or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section. Implements (TVPA), as section 106(g) of the Trafficking Victims Protection Act of 2000 mended (22 U S.C. 7104 (g)), and FAA Form 5100-37 PG 3 (10-89) Page 4 of 7 pages ii Is in addition to all other remedies for noncompliance that are available to us under this award 3 You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity d. Definitions. For purposes of this award term. 1. "Employee" means either: An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program. under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution 'toward cost sharing or matching requirements. 2 "Forced labor" means labor obtained by any of the following methods. the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3 "Private entity": Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b) B A for-profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U S C. 7102). Special Conditions 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 overfund 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. 11 Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. FAA Form 5100-37 PG 4 (10-89) Page 5 of 7 pages 12. It is understood and agreed tha 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 January 29, 2009, on their behalf by Jerry Kilpatrick, Acting 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 13. It is understood and agreed the Sponsor will not claim reimbursement for costs under this grant until FAA has approved the DBE goals. 14. This Phase 2 grant is intended to be the first phase of a two-phase 2009 construction project for improvements to the runway safety area. The bidding of the entire portion of the project associated with these work items will be completed with sufficient time to properly apply for a Phase 3 grant prior to August 15, 2009 "The Phase, 3 grant funding will be the difference in funding necessary for the Federal share of the runway safety area improvements less the Phase 2 funding, subject to available Sponsor entitlements. The FAA makes no commitment of funding beyond the Sponsor's available entitlements pursuant to law. If the project does not receive acceptable bids, or sufficient funding is unavailable, the FAA has the option to close this grant and recover the funds. 15. It is understood and agreed by and between both parties that no work shall commence in the grant until the force account is approved in writing by the FAA. 16. This grant is intended to be the first phase of a two-phase 2009 construction project for the installation of the enhanced taxiway and runway markings and installation of signs. The bidding of the entire portion of the project associated with these work items will be completed with sufficient time to properly apply for a second phase grant prior to August 15, 2009. The second phase grant funding will be the difference in funding necessary for the Federal share of the installation of the enhanced taxiway and runway markings and installation of signs less the Phase 1 funding for these items, subject to available Sponsor entitlements. The FAA makes no commitment of funding beyond the Sponsor's available entitlements pursuant to law If the project does not receive acceptable bids, or sufficient funding is unavailable, the FAA has the option to close this grant and recover the funds. FAA Form 5100-37 PG 5 (10'89) Page 6 of 7 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act constituting the contractual obligations and rights of the ;United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION JOr Stanley . Allison, cting Manager, Seattle 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 (SEAL) Attest. Title day of ary City of Yakima, Washington , 2009. By. .. Sponsor's Designated Official Representative Title CERTIFICATE OF SPONSOR'S ATTORNEY //�� (..Li {ems/... , 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 yiticI M r this / 744- CITY CONTRAC rN0: ` ' .409' " RESOLUTION NO: o? 9-Z.5- hS. ?Gre�of Sponsor's Attorney day of . , 2009 FAA Form 5100-37 PG 6 (10-89) Page 7 of 7 pages Part 11 - Acceptance The Sponsor does hereby ratify and accept all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application Executed this Attest: . Title. r 7M day of CteAL. 0 . E50 z-ls aa� CERTIFICATE OF SPONSOR'S ATTORNEY 1, .62s.h , acting as Attorney for the Sponsor do hereby certify: : That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Washington Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and Title 49, U S.C., Subtitle VII, Part B. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. , 2008. County of Yakima, Washington Sponsor's Designated ,Official Representative Title: . . . .6z444.sLl4,4sr�.s.� Dated at °/(.(--W(--/ this l J day of //vy 200 Signature of Sponsor's Attorney FAA Form 5100-37 PG 7 (10-89)