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HomeMy WebLinkAboutR-2016-055 Air Terminal Capital Improvements Grant Application; Federal Aviation Administration 3-53-0089-38RESOLUTION NO. R-2016-055 A RESOLUTION authorizing the City Manager of the City of Yakima to apply for grants from the Federal Aviation Administration (FAA) for capital improvements at the Yakima Air Terminal WHEREAS, the City owns and operates the Yakima Air Terminal in accordance with applicable Federal, State, and Local regulations, and WHEREAS, the Federal Aviation Administration (FAA) has grants available to airports to maintain and improve airport facilities, and WHEREAS, the Yakima Air Terminal has been notified that grant funds may be available to maintain and/or improve the Yakima Air Terminal upon submission of completed grant applications and satisfaction of certain conditions, and WHEREAS, the Yakima Air Terminal has recently completed an Airport Master Plan Update, which details a variety of Federal Aviation Administration required capital improvement projects, including purchasing snow removal equipment, and replacement of security gates; and WHEREAS, the FAA will provide up to 90% of the grant funds needed and the airport will match the remaining 10% through its Passenger Facility Charge program for said projects; and WHEREAS, the City Council deems it to be in the best interest of the City and its residents to authorize submission of a grant application to the FAA for available funds needed to accomplish the capital improvements, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1 The City Manager or his designee is hereby authorized and directed to submit completed grant applications to the FAA to request grant funds for said projects above at the Yakima Air Terminal 2. If grant funds are awarded, the City Manager shall bring those grant agreements and contracts necessary to complete the grant transaction to the City Council for approval ADOPTED BY THE CITY COUNCIL this 3rd day of Ma 2016 ATTEST utierr y Sony. Claar Tee, City Cler ♦ '1/ 1 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 5.E. For Meeting of: May 3, 2016 Resolution authorizing an application for grants from the Federal Aviation Administration (FAA) for capital improvements at the Yakima Air Terminal SUBMITTED BY: Robert K. Peterson, Airport Manager, 509-575-6149 SUMMARY EXPLANATION: The Airport Improvement Program (Al P) provides grants to public agencies for planning and development of public -use airports that are included in the National Plan of Integrated Airport Systems. The Yakima Airport is one of many airports that are eligible to receive federal grants under this program to replace aging infrastructure and equipment. The grant funds will assist with the design and acquisition of snow removal equipment, as well as design services for the replacement of security gates that have outlived their useful life. It is estimated the grant application will request $1.2 million of federal funds where 90% will be covered by the FAA and the remaining 10% by the airport's Passenger Facility Charge. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: Yes Public Safety ettdrir-- Interim City Manager STAFF RECOMMENDATION: Staff recommends approval of grant application to receive funding to replace aging equipment and infrastructure. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date ❑ Resolution 4/13/2016 Type Staff Contact Name City Manager Signature Transmittal/Review Form This form is NOT needed if item is going to Council Robert Peterson ® Resolution # ..- ❑ Other ❑ New Contract Department Airport Identify Prior Approval 0 Ordinance # 2016-055 Date/Time 7/1/2016 *Needed for Archival Purposes *Effective Date: Topic ❑ Contract Amendment - Original Contract # fl Project # ® Other *Contract Term: Resolution # Grant Application for A/E services for Snow Removal Equipment, Snow Removal Equipment acquisition, and A/E services for security gates. Approvals Submitter Confirms this has been approved by the following individuals ® Review by legal? Reviewed by: ❑ Review by Finance? Reviewed by: OR Digitally sign document and save, then forward via email to next signing authority ,a4 7 ------ Mark Kunkler 1. Department Director 2. Finance Director 3. City Attorney OMB Number 4040-0004 Expiration Date: 08/31/2016 Application for Federal Assistance SF -424 *1. Type of Submission * 2. Type of Application * If Revision, select appropriate letter(s) - Select One - * Other (Specify) ❑ Preapplication f> New El Application 0 Continuation 0 Changed/Corrected Application 0 Revision * 3. Date Received: 4 Application Identifier 5a. Federal Entity Identifier * 5b Federal Award Identifier State Use Only: 6. Date Received by State 7. State Application Identifier 8. APPLICANT INFORMATION: * a. Legal Name City of Yakima * b. Employer/Taxpayer Identification Number (EINJTIN) 91-6001293 *c. Organizational DUNS 07-821-2651 d. Address: * Streetl 129 North 2nd Street Street 2. * City' Yakima County' Yakima * State Washington Province Country' United States *Zip/ Postal Code 98901 e. Organizational Unit: Department Name City of Yakima Division Name Yakima Air Terminal / McAllister Field f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr First Name. Jeff Middle Name * Last Name. Cutter Suffix: Title Interim City Manager Organizational Affiliation * Telephone Number' (509) 575-6000 Fax Number * Email: jeff cutter@yakimawa.gov OMB Number 4040-0004 Expiration Date: 08/31/2016 Application for Federal Assistance SF -424 '`9. Type of Applicant 1 Select Applicant Type C City or Township Government Type of Applicant 2 Select Applicant Type - Select One - Type of Applicant 3 Select Applicant Type - Select One - * Other (specify) Part 139 Certified Airport * 10. Name of Federal Agency Federal Aviation Administration, Seattle ADO 11 Catalog of Federal Domestic Assistance Number 20.106 CFDA Title Airport Improvement Program *12 Funding Opportunity Number Title 13. Competition Identification Number Title 14. Areas Affected by Project (Cities, Counties, States, etc.) City of Yakima / Yakima Country * 15. Descriptive Title of Applicant's Project: 3-53-0089-38 Procure Snow Removal Equipment to include two Runway Brooms with Carrier Vehicles including A/E services. A/E services for design engineering to replace perimeter security gates and pedestrian entry gates. Attach supporting documents as specified in agency instructions. OMB Number 4040-0004 Expiration Date: 08/31/2016 Application for Federal Assistance SF -424 16. Congressional Districts Of: *a. Applicant: WA -004 *b Program/Project: WA -004 Attach an additional list of Program/Project Congressional Districts if needed 17. Proposed Project: *a. Start Date. 08/01/2016 *b End Date. 08/31/2017 18. Estimated Funding ($): *a. Federal 1,440,000 00 *b Applicant 160,000 00 *c. State *d. Local *e. Other *f Program Income *g TOTAL 1,600,000 00 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? Order 12372 Process for review for review on • a. This application was made available to the State under the Executive ■ b Program is subject to E.O 12372 but has not been selected by the State ❑ c. Program is not covered by E.O 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation on next page.) ■ Yes ❑ No 21 *By signing this application, I certify (1) to the statements contained in the herein are true, complete and accurate to the best of my knowledge I also with any resulting terms if I accept an award. I am aware that any false, fictitious, to criminal, civil, or administrative penalties. (U.S Code, Title 18, Section 1001) list of certifications** and (2) that the statements provide the required assurances** and agree to comply or fraudulent statements or claims may subject me obtain this list, is contained in the announcement or IS *" I AGREE ** The list of certifications and assurances, or an internet site where you may agency specific instructions Authorized Representative: Prefix: Mr *First Name Jeff Middle Name. *Last Name: Cutter Suffix: *Title: Interim City Manager *Telephone Number. (509) 575-6000 Fax Number * Email: jeff cutter@yakimawa.gov *Signature of Authorized Representative. *Date Signed: OMB Number 4040-0004 Expiration Date: 08/31/2016 Application for Federal Assistance SF -424 *Applicant Federal Debt Delinquency Explanation The following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Maximum number of characters that can be entered is 4,000 Try and avoid extra spaces and carriage returns to maximize the availability of space U S Department of Transportation Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE. 4/30/2017 Application for Federal Assistance (Development and Equipment Projects) PART II — PROJECT APPROVAL INFORMATION Part II - SECTION A The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF -424 form Item 1. Does Sponsor in the System for Award Management maintain an active registration X Yes ❑ No SAM.gov)? (www Item 2. Can Sponsor commence the work identified in the application in the fiscal the year is the is is later? X Yes ❑ No ❑ N/A grant made or within six months after grant made, whichever Item 3. Are there any foreseeable events that would delay completion of the project? If yes, ❑ Yes X No ❑ N/A provide attachment to this form that lists the events Item 4. Will the project(s) covered by this request have impacts or effects on the environment that require mitigating measures? If yes, attach a summary listing of ❑ Yes X No ❑ N/A mitigating measures to this application and identify the name and date of the environmental document(s). Item 5. Is the project covered by this request included in an approved Passenger Facility Charge (PFC) application or other Federal assistance program? If yes, please X Yes ❑ No ❑ N/A identify other funding sources by checking all applicable boxes. X The project is included in an approved PFC application. If included in an approved PFC application, does the application only address AIP matching share? ❑ Yes X No ❑ The project is included in another Federal Assistance program. Its CFDA number is below. Item 6. Will the requested Federal include Sponsor indirect described in assistance costs as 2 CFR Appendix VII to Part 200, States Local Government Indian Yes X No ❑ N/A and and Tribe Indirect Cost Proposals? If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply. ❑ De Minimis rate of 10% as permitted by 2 CFR § 200 414 ❑ Negotiated Rate equal to % as approved by (the Cognizant Agency) on (Date) (2 CFR part 200, appendix VII) Note. Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs. FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 1 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE. 4/30/2017 PART II - SECTION B Certification Regarding Lobbying The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF -424, to which this form is attached The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF -424 form The Authorized Representative certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 2 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE. 4/30/2017 PART II — SECTION C The Sponsor hereby represents and certifies as follows 1. Compatible Land Use — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: An Airport Safety Overlay Zone has been adopted and is included in the Yakima Urban 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 the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows' There are no known facts or circumstances which would jeopardize the Sponsor's responsibility to this project. 4. Consistency with Local Plans — The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Yes, Airport Layout Plan. 5. Consideration of Local Interest — It has given fair consideration to the interest of communities in or near where the project may be located. Yes 6. Consultation with Users — In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project (§ 47105(a)(2)). Yes 7. Public Hearings — In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. Not applicable. Project does not involve airport location, runway, or major runway extension. 8. Air and Water Quality Standards — In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary Not applicable. Project does not involve airport location, runway, or major runway extension. FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 3 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE. 4/30/2017 PART II — SECTION C (Continued) 9. Exclusive Rights — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: No grants are known to exist which grants the exclusive rights of any aeronautical activity. 10 Land — (a) The sponsor holds the following property interest in the following areas of land, which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A" [1] The land interests owned by the Sponsor is as shown on the current Exhibit A map which is on file with the FAA's Seattle ADO in Renton, Washington The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] This item is not applicable. (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] This item is not applicable. 1 State the character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 4 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE. 4/30/2017 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A — GENERAL 1. Federal Domestic Assistance Catalog Number: 20-106 2 Functional or Other Breakout: Airport Improvement Program SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Latest Approved Amount (Use only for revisions) Adjustment + or (-) Amount (Use only for revisions) Total Amount Required 1 Administration expense $ 5,000 2. Preliminary expense 3 Land, structures, right-of-way 4 Architectural engineering basic fees 175,000 5 Other Architectural engineering fees 6. Project inspection fees 7 Land development 8 Relocation Expenses 9 Relocation payments to Individuals and Businesses 10 Demolition and removal 11 Construction and project improvement 12 Equipment 1,420,000 13 Miscellaneous 14 Subtotal (Lines 1 through 13) $ 1,600,000 15 Estimated Income (if applicable) 16 Net Project Amount (Line 14 minus 15) 17 Less Ineligible Exclusions (Section C, line 23 g.) 18 Subtotal (Lines 16 through 17) $ 1,600,000 19 Federal Share requested of Line 18 1,440,000 20 Grantee share 160,000 21 Other shares 22 TOTAL PROJECT (Lines 19, 20 & 21) $ 1,600,000 FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 5of7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE. 4/30/2017 SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE SECTION C — EXCLUSIONS Amount a. Securities 23. Classification (Description of non -participating work) b Mortgages Amount Ineligible for Participation a. 160,000 d Bonds b f Non -Cash c. h TOTAL - Grantee share $ 160,000 d. Amount a. State e. c. TOTAL - Other Shares f g Total SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 24. Grantee Share — Fund Categories Amount a. Securities b Mortgages c. Appropriations (by Applicant) 160,000 d Bonds e. Tax Levies f Non -Cash g. Other (Explain): h TOTAL - Grantee share $ 160,000 25. Other Shares Amount a. State b Other c. TOTAL - Other Shares 26. TOTAL NON-FEDERAL FINANCING SECTION E — REMARKS (Attach sheets if additional space is required) FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 6 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE. 4/30/2017 PART IV — PROGRAM NARRATIVE (Suggested Format) PROJECT: YKM 3-53-0089-38-2016 Procure SRE (Design and Construction, Security Gate Replacement (Design) AIRPORT: Yakima Air Terminal 1. Objective: 1 The Yakima Air Terminal is deficient by two runway brooms and carrier vehicles based on review of the existing equipment inventory, annual operations, and Priority 1 Areas identified in the Airport's Snow and Ice Control Plan. The equipment will be procured with this grant. 2 Work also includes design services to replace the perimeter vehicle gates and pedestrian gates. The last gates were replaced prior to 1995. All gates have outlived their useful life and frequently fail to open/close. 2. Benefits Anticipated: 1 Procurement of the Runway Brooms and Carrier Vehicles will allow the airport to meet their allowable clearance times for removing snow from the Priority 1 Areas 2. Replacement of the perimeter gates will ensure the airport can satisfy requirements to secure the airport and have ingress/egress. 3. Approach: (See approved Scope of Work in Final Application) 1. Procure two runway brooms and carrier vehicles using developed contract documents meeting FAA standards. The Sponsor anticipates a bid opening in July With funding available, the Sponsor will authorize a construction contract with the lowest responsive and responsible bidder. 2. Prepare contract documents to replace existing security gates including hardware, sensors, traffic loops, deteriorated asphalt impacting the sensors and traffic loops. 4. Geographic Location: Yakima Air Terminal, Yakima, Washington 5. If Applicable, Provide Additional Information: 6. Sponsor's Representative: (include address & telephone number) Jeff Cutter, Interim City Manager, City of Yakima 129 North 2nd Street Yakima, WA 98901 (509) 575-6000 FAA Form 5100-100 (3/16) SUPERSEDES PREVIOUS EDITION Page 7 of 7 CIP/PREAPPLICATION DATA SHEET AIRPORT: Yakima Air Terminal LOCAL PRIORITY: UPDATED: WORK ITEM: Security Improvement Upgrade. Replace several vehicle and pedestrian gates. JUSTIFICATION: The project will replace eleven (11) vehicle gates controlled by an electronic controller and eight (8) manual pedestrian gates. The vehicle gates and controllers noted above were part of a previous project funded through the Airport Improvement Program in 1993. The pedestrian gates identified above have not been replaced since the original perimeter fence was installed. The vehicle gates have failed on numerous occasions. Of the eleven vehicle gates, four are lift gates. The manufacturer for the lift gate is no longer in business and the gate is not compatible with parts from other manufacturers. For all gates, the traffic loops and surrounding asphalt have failed enabling the gate to close and open effectively. The hardware and controller for the remaining gates have outlived their useful life and require routine maintenance. The keypads for all gates have failed. The pedestrian gates have outlived their useful life. The mechanical cipher locking mechanisms which are an integral component of the gates malfunction causing the gates to stay permanently locked or unlocked. Additionally, there are no self closing mechanisms which either cause the gate to forcefully close requiring constant maintenance on the locking mechanism or to remain open causing security concerns. The project will fully replace each gate including hardware, controller, detection, and keypad for each of the eleven vehicle gates and will replace hardware and the mechanical locking mechanism as well as make ADA improvements as needed for the six identified pedestrian gates. SPONSOR SIGNATURE: 9# 4 DATE: 71-i COST ESTIMATE: $180,000.00 ADMINISTRATION: ENGINEERING: INSPECTION: Item (Excavation, Paving, etc.) Replace existing gates, asphalt traffic loops, and install keypads and lighting. $ 5,000.00 1: Const $ 4 $ $ 175,000 2. $ 5 $ $ 3• $ TOTAL: $ 180,000 ADO USE: PREAPP GRANT NPIAS WORK FAA NO: NO: CODE: CODE: PRIOR: FED $ CIP/PREAPPLICATION DATA SHEET AIRPORT: Yakima Air Terminal LOCAL PRIORITY: WORK ITEM: Procure two (2) Runway Brooms with Carrier Vehicles UPDATED: SKETCH: JUSTIFICATION: Based on existing equipment inventory, current number of operations, and the Priority 1 Areas identified in the Airport's Snow and Ice Control Plan, procurement of two (2) Runway Brooms with Carrier Vehicles are justified for use at the Yakima Air Terminal. Design is complete. This grant will procure the equipment and reimburse the Sponsor for engineering and construction administration services. SPONSOR SIGNATURE: alei DATE: —1-1, COST ESTIMATE: $1,420,000.00 Item (Excavation, Paving, etc.) Procure Snow Removal Equipment ADMINISTRATION: ENGINEERING: INSPECTION: $ 1: Const $ 1,375,287.00 4 $ $ 44,713.00 2. $ 5 $ $ 3: $ TOTAL. $ 1,420,000.00 ADO USE: PREAPP GRANT NPIAS WORK FAA NO: NO: CODE: CODE: PRIOR: FED $ STANDARD DOT TITLE VI ASSURANCES Yakima Air Terminal (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties. (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. Page 1 of 2 STANDARD DOT TITLE VI ASSURANCES (Continued) 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED 1— l '"((e City of Yakima (Sponsor) (Sig f Authorized Official) Page 2 of 2 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. CERTIFICATION REGARDING LOBBYING 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement 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 statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. * APPLICANT'S ORGANIZATION City of Yakima * PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: Mr. * Last Name: * Title. * First Name. Jeff Cutter Interim City Manager Middle Name: Suffix: * SIGNATURE. * DATE. REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT Yakima Air Terminal / McAllister Field LOCATION. Yakima, Washington AIP PROJECT NO.: 3-53-0089-38 STATEMENTS APPLICABLE TO THIS PROJECT A -D ® a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near (Exact name of airport)Yakima Air Terminal / McAllister Field ® b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction • c. FBO COORDINATION. The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing (Exact name of airport) Yakima Air Terminal / McAllister Field, and they have been informed regarding the scope and nature of this project. Z 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: Jeff Cutter TITLE: Interim City Manager SPONSORING AGENCY: City of Yakima DATE: _ /— &5471A. "&5471A. NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; b. The nature and basis of opposition; c. Sponsor's plan to accommodate or otherwise satisfy the opposition; d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; f Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits to be gained by the proposed development; and h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. Signed SponAuthorized Representative Title Interim City Manager Date -/ - g ASSURANCES AIRPORT SPONSORS A. General. a. 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. b. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. c. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: 8 March, 2014 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.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.12 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. 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 I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.' s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.' u. Copeland Anti -kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.' w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 y• Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109- 282, as amended by section 6202 of Pub. L. 110-252). EXECUTIVE ORDERS a. Executive Order 11246 - Equal Employment Opportunity) b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 — Flood Plain Management 9 March, 2014 d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' f. Executive Order 12898 - Environmental Justice FEDERAL REGULATIONS a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non -Profit Organizations].°, s, 6 c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment d. 14 CFR Part 13 - Investigative and Enforcement Proceduresl4 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150 - Airport noise compatibility planning. f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government Services. g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. h. 29 CFR Part 1 - Procedures for predetermination of wage rates.' i. 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.' 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).' k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' I. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 m. 49 CFR Part 20 - New restrictions on lobbying. n. 49 CFR Part 21— Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. p 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.12 q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. r. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.1 10 March, 2014 s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. t. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial Assistance) v. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 41- Seismic safety of Federal and federally assisted or regulated new building construction. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. FOOTNOTES TO ASSURANCE C.1. 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 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. 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200 110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: 11 March, 2014 It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such 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 this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. 12 March, 2014 d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. g. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy 13 March, 2014 of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 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 this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, 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 this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 14 March, 2014 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 plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 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. 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 g. 15 March, 2014 required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - 1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, 16 March, 2014 provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. a.) 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. b.) 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. c.) 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. d.) 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. e.) 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. f.) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. g.) 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 17 March, 2014 rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20 -year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. a.) 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 18 March, 2014 manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. b.) 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 agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that — a. by gross weights of such aircraft) is in excess of five million pounds 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. 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 19 March, 2014 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; 3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and 4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. a.) If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the 20 March, 2014 sponsor's programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2) So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." e. Required Contract Provisions. 1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a.) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and 21 March, 2014 b.) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was 22 March, 2014 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 December 31, 2015 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. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure 23 March, 2014 nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (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. 24 March, 2014 FAA Airports Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated: 12/31/2015 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports/resources/advisorycirculars NUMBER TITLE 70/7460-11 Obstruction Marking and Lighting 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B Changes 1- 2 Airport Master Plans 150/5070-7 Change 1 The Airport System Planning Process 150/5100-13B Development of State Standards for Nonprimary Airports 150/5200-28E Notices to Airmen (NOTAMS) for Airport Operators 150/5200-30C Change 1 Airport Winter Safety And Operations 150/5200-31C Changes 1-2 Airport Emergency Plan 150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport 150/5210-7D Aircraft Rescue and Fire Fighting Communications 150/5210-13C Airport Water Rescue Plans and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210-15A Aircraft Rescue and Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel 25 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 12/31/2015 NUMBER."FTITLE , 150/5210-19A Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on Airports 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220-16D Automated Weather Observing Systems (AWOS) for Non -Federal Applications 150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20A Airport Snow and Ice Control Equipment 150/5220-21C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5220-25 Airport Avian Radar Systems 150/5220-26 Change 1 Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS -B) Out Squitter Equipment 150/5300-7B FAA Policy on Facility Relocations Occasioned by Airport Improvements of Changes 150/5300-13A Change 1 Airport Design 150/5300-14C Design of Aircraft Deicing Facilities 150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-17C Standards for Using Remote Sensing Technologies in Airport Surveys 150/5300-18C Survey and Data Standards for Submission of Aeronautical Data Using Airports GIS 150/5300-18B Change 1 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-50 Airport Drainage Design 150/5320-6E Airport Pavement Design and Evaluation 26 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 12/31/2015 NUMBER : :.;TITLE 150/5320-12C Changes 1-8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-15A Management of Airport Industrial Waste 150/5235-4B Runway Length Requirements for Airport Design 150/5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN 150/5340-1L Standards for Airport Markings 150/5340-5D Segmented Circle Airport Marker System 150/5340-18F Standards for Airport Sign Systems 150/5340-26C Maintenance of Airport Visual Aid Facilities 150/5340-30H Design and Installation Details for Airport Visual Aids 150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch 150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10H Specification for Constant Current Regulators and Regulator Monitors 150/5345-12F Specification for Airport and Heliport Beacons 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors 150/5345-27E Specification for Wind Cone Assemblies 150/5345-28G Precision Approach Path Indicator (PAPI) Systems 150/5345-39D Specification for L-853, Runway and Taxiway Retro reflective Markers 150/5345-42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345-43G Specification for Obstruction Lighting Equipment 150/5345-44K Specification for Runway and Taxiway Signs 150/5345-45C Low-Impact Resistant (LIR) Structures 27 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 12/31/2015 NUMBER v TITLE 150/5345-46D Specification for Runway and Taxiway Light Fixtures 150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49C Specification L-854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Lights 150/5345-51B Specification for Discharge-Type Flashing Light Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) 150/5345-53D Airport Lighting Equipment Certification Program 150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-12F Airport Signing and Graphics 150/5360-13 Change 1 Planning and Design Guidelines for Airport Terminal Facilities 150/5360-14 Access to Airports By Individuals With Disabilities 150/5370-2F Operational Safety on Airports During Construction 150/5370-1OG Standards for Specifying Construction of Airports 150/5370-11B Use of Nondestructive Testing in the Evaluation of Airport Pavements 150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5370-15B Airside Applications for Artificial Turf 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370-17 Airside Use of Heated Pavement Systems 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 150/5390-2C Heliport Design 28 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 12/31/2015 NUMBER,A. •;;:r4r,41.4',,,A,i, t ' h, t,t1t1tM'';10' "..J, tti044t.V .* ' T7i• t 150/5395-1A Seaplane Bases 29 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 12/31/2015 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 12/31/2015 NUMBER TITLE Yr 150/5100-14E, Change 1 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-17 Changes 1 - 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320-17A Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370-12B Quality Management for Federally Funded Airport Construction Projects 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-7B Airport Pavement Management Program 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 30 12/31/2015 FAA Airports Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated. 12/31/2015 View the most current versions of these ACs and any associated changes at: http://www.faa.gov/airports/resources/advisory circulars NUMBER TITLE 70/7460-1 L Obstruction Marking and Lighting 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B Changes 1 - 2 Airport Master Plans 150/5070-7 Change 1 The Airport System Planning Process 150/5100-13B Development of State Standards for Nonprimary Airports 150/5200-28E Notices to Airmen (NOTAMS) for Airport Operators 150/5200-30C Change 1 Airport Winter Safety And Operations 150/5200-31 C Changes 1 - 2 Airport Emergency Plan 150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport 150/5210-7D Aircraft Rescue and Fire Fighting Communications 150/5210-13C Airport Water Rescue Plans and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210-15A Aircraft Rescue and Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 12/31/2015 ARP Page 1 of 5 NUMBER TITLE 150/5210-19A Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on Airports 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220-16D Automated Weather Observing Systems (AWOS) for Non -Federal Applications 150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20A Airport Snow and Ice Control Equipment 150/5220-21C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5220-25 Airport Avian Radar Systems 150/5220-26, Change 1 Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS -B) Out Squitter Equipment 150/5300-7B FAA Policy on Facility Relocations Occasioned by Airport Improvements of Changes 150/5300-13A, Change 1 Airport Design 150/5300-14C Design of Aircraft Deicing Facilities 150/5300-16A General Guidance and Specifications for Aeronautical Surveys. Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-17C Standards for Using Remote Sensing Technologies in Airport Surveys 150/5300-18C Survey and Data Standards for Submission of Aeronautical Data Using Airports GIS 150/5320-5D Airport Drainage Design 150/5320-6E Airport Pavement Design and Evaluation 150/5320-12C, Changes 1 - 8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 12/31/2015 ARP Page 2of5 NUMBER TITLE 150/5320-15A Management of Airport Industrial Waste 150/5235-4B Runway Length Requirements for Airport Design 150/5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN 150/5340-1 L Standards for Airport Markings 150/5340-5D Segmented Circle Airport Marker System 150/5340-18F Standards for Airport Sign Systems 150/5340-26C Maintenance of Airport Visual Aid Facilities 150/5340-30H Design and Installation Details for Airport Visual Aids 150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch 150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10H Specification for Constant Current Regulators and Regulator Monitors 150/5345-12F Specification for Airport and Heliport Beacons 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors 150/5345-27E Specification for Wind Cone Assemblies 150/5345-28G Precision Approach Path Indicator (PAPI) Systems 150/5345-39D Specification for L-853, Runway and Taxiway Retro reflective Markers 150/5345-42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345-43G Specification for Obstruction Lighting Equipment 150/5345-44K Specification for Runway and Taxiway Signs 150/5345-45C Low -Impact Resistant (LIR) Structures 150/5345-46D Specification for Runway and Taxiway Light Fixtures FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 12/31/2015 ARP Page 3of5 NUMBER TITLE 150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49C Specification L-854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Lights 150/5345-51 B Specification for Discharge -Type Flashing Light Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) 150/5345-53D Airport Lighting Equipment Certification Program 150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-12F Airport Signing and Graphics 150/5360-13 Change 1 Planning and Design Guidelines for Airport Terminal Facilities 150/5360-14 Access to Airports By Individuals With Disabilities 150/5370-2F Operational Safety on Airports During Construction 150/5370-1 OG Standards for Specifying Construction of Airports 150/5370-11 B Use of Nondestructive Testing in the Evaluation of Airport Pavements 150/5370-13A Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5370-15B Airside Applications for Artificial Turf 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370-17 Airside Use of Heated Pavement Systems 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 150/5390-20 Heliport Design FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated 12/31/2015 ARP Page 4 of 5 NUMBER 150/5395-1 A Seaplane Bases THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 12/31/2015 ;NUMBER TITLE,: 150/5100-14E, Change 1 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-17, Changes 1 - 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320-17A Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370-12B Quality Control of Construction for Airport Grant Projects 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-7B Airport Pavement Management Program 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness FAA Advisory Circulars Required for Use in Updated 12/31/2015 Page 5 of 5 AIP Funded and PFC Approved Projects ARP Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement. Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal tillcAllister Field Project Number: AIP No. 3-53-0089=38 Description of Work: Snow Removal Equipment - Runway Broom and Carrier Vehicle Procurement. Application Title 2 CFR § 200.112 :and § 1201.112 address Federal Aviation Administration (FAA) requirements for conflict of interest: As a condition Of eligibility under the Airport Improvement Program (AIP),°sponsors must comply with FAA policy on, conflict of interest. Such a,conflict would arisewhert any of the following have a financial or other interest in the,firm selected for award: .a) The.employee,.officer:or agent, b) Any member of his immediate family, c) His 'orher partner; or d) An organization which employs, or is.about to employ, any of the above.. Selecting "yes" represents sponsor or sub -recipient acknowledgement and confirmation of the certification statement: Selecting "Norepresents, sponsor or sub -recipient disclosure thatit cannot fully -comply with The certification statement.:If. "No" isselected provide support information explaining the ;negative reeponse.as"an attachment to this`form:. This:includes whether the sponsor has established.standardsfor financial interest that are notsubstantial or unsolicited gifts' are of nominal'value,"(2 CFR,§ 200:318(c)): The term "will" means Sponsor action taken at appropriate time" based_ on the_ certification statement focus area, but no later than the end of theLLproject period: of performance: Certification Statements 1., The sponsor or sub -recipient maintains a written standards of conduct governing conflictof 'interest and the: performance of their employees engaged ih the award.and administration"of contracts•(2,CFR § 200:318(c)). To the extent permitted by state or'local law or regulations, such standards of conduct provide for penalties, sanctions_; or other disciplinary actionsafor violations of such standards' by'the sponsor's and sub -recipient's officers, employees, or agents, or by contractors or their. agents. ®'Yes C] No 2. The sponsor's or sub -recipient's officers, employees or agents have .not and will not solicit or accept,gratuities, favors or' anything of monetary value frotOcontractors, potential contractors, or parties.to-sub-agreements (2 CFR §.200:318(c)). ®Yes ID NO FAA Form 5100-135 (1/16) Page 1 of 2 3. The sponsor or sub -recipient certifie's that is: ha's disclosed and will disclose,to the FAA.any known potentiel'conflict of interest (2 CFR § 1200.112). EgYes. CINO Attach documentation clarifying any above item marked, with "no" response. .Sponsor's Certification I certify, for the project identified herein, responses to,the forgoing items are accurate as marked and havethe explanation for any item marked "no" is correct and complete.. Executed on this ?-2 day of .June 20.16 . Name of Sponsor 'City of Yakima=Yakima:Air Terminal .Name of Sponsor's Authorized.'Official:. Jeff Cutter Title of Sponsor's Authorized Official. Interim •City'Manager Signature.of Sponsor's Authorised Official: • I declare under penalty:of perjury that the•foregoing is true and correct. I understand.thatIknowingly.and willfully providing false information to the federal°government. is a. violation of 18 USC § 1001 (False Statements) and could subject',me tofines, imprisonment,, or both. FAA Form 5100-135 (1116) Page 2 of 2 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Equipment and. Construction.Contracts Airport Improvement Sponsor Certification Sponsor:. •City bf Yakima 'Airport: Yakima Air Terminal - McAllister Field. Project.Number: AIP No: 3-53-0089-38. Description of Work: Snow Removal Equipment - Runway Broom and Carrier Vehicle Procurement. Application 49 USC §,47105(4) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport' Improvement Program (AIP). General procurement standards for equipment and ,construction;contracts within Federal grant programs areadescribed'in 2 CFR;§§ 200:317-200.326.:Labor and,Civil 'RightssStandards applicable to the AIP are established by the Department of Labor (www. dol:gov).AIP`Grant'Assurance C:.1—General iFederal Requirements identifies all applicable Federal Laws, regulations;, executive orders, policies„guidelines and requirements. for assistance under the.AlP: Sponsors may use state,andlocal procedures provided theprocurement conformsto these federal standards. This.certification applies to all equipment and construction projects. Equipment projects may or may not employlaborers and, mechanics thatqualify the project as a "covered contract under requirements established by the Department of Labor requirements: Sponsor shall provide. appropriate responses to 'the'certification statements that reflect the character of f the project regardless,of whether the' contract is for a.construction:Object or a n.equipmentproject: :Certification' Statements. Exceptforcertificationstatements.below marked. as not applicable (N/A), this'Iistincludes major requirements of the construction project. Selecting "yes” represents,sponsor acknowledgement and ,confirmation of the certification statement. Thetenn "will means action, taken at appropriate time based on the .certcation statement focus area, but no later than the- end of the project period'of performance:.This.list:is not. comprehensive and does not relieve the sponsor from fuil'y cor1104;i11g;with all applicable statutory and,administrativestandards. The source of the requirement is referenced within parenthesis. 1.. A writtencode or standard of conduct is dr will be in effect prior to commencement of the project that governs the performance; of the sponsor's officers, employees, or agents in soliciting, awarding.and administering procurement contracts (2 CFR § 200.318). Yes D No ❑'N/A ,2. For all,Contracts, qualified and tompetentperSonnel are.or will be engaged'to perforrri contract administration, engineering supervision, construction Inspection;,andtesting (Grant Assurance C:17). ®Yes ❑No JN/A FAA Form 5100-131 (1116) •Page 1 of'4 3. Sponsorsthat are required to. have, a ,Disadvantage Business Enterprise (DBE)program on file "with the FAA have included or will include clauses required by Title VI of the CivilRights Act and 49 CFR part 26.for Disadvantaged; Business Enterprises in all contracts -and subcontracts: E Yes ❑ No ❑ NIA 4. Sponsors required to have a DBE,program,on.file with the FAAhave implemented or will implernenYmonitoring and enforcement measures that:. a. Ensure work committed ,to Disadvantaged Business'Enterprises.at contractaward is actually performed:by the narried DBEs (49 CFR § 26.37(b)) b, Include, written cert cation that the sponsor'has reviewedcontract records and has monitored work sites for performance by'DBE firms -(49 CFR § 26.37(b)); and c. Provides for a running tally.of payments made to DBE firms and a means for comparing actual attainments (i.e; payments)lo original commitments (49 -CFR'§ '26.37(c)). Eg Yes ,❑ No ❑ N/A, 5. 'Sponsor procurement actions using the competitive sealed bid-metho0(2 CFR,§ 200.320(c)). was or,will be: a. .Publiclyadvertised, allowing a_sufficient response time to solicit ah adequate number of interested contractors or.Vendors; b. Prepared to include a' complete,. adequate and realistic specification,that;defnesthe items;orservices insufficient detail to allow prospective:bidders to respond; c. Publicly.opened at a tirne,and place.prescribedin,the'invitation for bids;'and ,d. Prepared:in a Manner that result ina firm fixed price contract award: to. the. lowest responsive -an i'resporisible bidder. ® Yes ❑ No ,❑ N/A; 6. For'projects,the Sponsor proposes to use the competitive, proposal, procurement, method (2 CFR § 200.320(d)),. Sponsor has requested'or will request FAA approval;prior to proceeding with a.competitive proposal procurement by°submitting to the, FAA thefollowing: a. Written justification that supports use of competitive proposal method in lieu of the preferred sealed bid procurement method; b. Plan for publicizing and soliciting an adequate numberaof qualified •sources; and c: Listing of evaluation,factors along with relative importance of thefactors. ❑ Yes '❑"No ^g) N/A 7. For construction and equipment installation projects, the bid solicitation includes or will.include the current federal wage, rateschedule(s) for the appropriate .type of work classifications,(Z CFR Part 200, AppendixaI):. ® Yes 0, No 0 N/A 8. Concurrence:was or will be obtained from the Federal Aviation Administration -(FAA) prior to contractaward under any of the following circumstances (Order'5100.38D): a. .Only, one qualified person/firm. submits a responsive bid; b. ,Award is to..be ,made to other than the lowest responsible bidder; and c< Life cycle.costing is a factor in selecting .the lowestresponsive bidder. Yes ❑ No ❑' N/A 9: All construction and equipment. installation contracts. contain or will contain' provisions for:' a. 'Access: to Records (§ 200:336) b. Buy,American Preferences; (Title 49 U.S.C. § 50101,) c. Civil Rights - General Provisions and Title VI Assurances'(41 CFR part 60) d. Federal Fair Labor Standards (29 U.S.C. §,201, et seq) e 'OccupationalSafetyand Health,.Act requirements(20 CFR part 1920) f. Seismic.afety building construction(49 CFR,part 41) g. State Energy Conservation' Requirements - as:applicable (2 CFR part'200, Append lx 11), h. •U:S. Trade'Restriction,(49 CFR,part'30) i. Veterans Preference (49.USC §47112(c)) ®'Yes '❑.No .❑ N/A 10. All construction and r equipment installation contracts exceeding $2,000 containor will contain the provisions established by: a. Davis- iacon. and ;Related: Acts (29 CFR part 5), b.. Copeland:"Anti=Kickback" Act (29 CFR parts 3 and 5) ® Yes 1❑,'No 'N/A• 11'.. All.eenstruction.and:equipment installation contracts exceeding1$3;000contain or will contain a contract provisiomthat discourages distracted'driving(E:O. 1:351'3)` .'® Yes. ❑,No ON/A. 12.. All con tracts• exceeding,$10;000 contain .Or will contain the following,provisions,as applicable: a.• 'Construction and equipment installation projects - Applicable clauses•frem 41'CFR Part 60 for complianc_e.with Executive Orders 11246 and`11375'on'Equal Employment Opportunity; b. 'Constriction and ,equipment installation - Contract Ciause.prohibiting segregated: facilities in•accordance-with 41 CFR part.60-1:8; c . Requirement to maximize use; of.products.containing recovered. materials in accordance with 2:CFR § 200:322• and 40`CF13,15art-247;and d. Provisions: that address, termination,for cause -and termination for convenience (2 CFR part 200, Appendix 11). ®.Yes ❑ No El N/A 13. All contracts and subcontracts exceeding $25,000: Measures are in place or will be in place (e.g. checking'the'System for Award Manag"ement) that ensure contracts arid.subcontracts are !not awarded toindividuals or firms suspended, debarred, or excluded from participating in federally" assisted "projects (2 CFR parts 180 and 1200). Yes ;❑. No ❑ ;N/A 14. Contracts exceeding the simplified acquisition threshold (currently $150,000),include or will include provisions, as applicable, that.address the following: a. Construction and equipment installation contracts -"a bid guarantee,of 5%,:a;performance bond of 109%, and a paynient.bond of 100%:(2 CFR § 200.325); b. Construction -and. equipment installation contracts - requirements of the Contract Work Hours and •Safety Standards Act (40 USC 3701-3708, Sections 103 and 107); c. Restrictions"onLobbying and Influencing (2 CFR part 200,'Appendix li);: ,d. Condiitiohs-specifying administrative, contractual and legal, remedies'for'inatances where ";contractor of vendor'violate or breach the terms"and conditions of the contract (1CFR §200;Appendix .11); "and e> All Contracts Applicable. standards and requirements issued:under S ection 306 of the CleanAir-Act (42 USC 7401-7671 q), Section 508 of the Clean Water Act (33 USC 1251- 1387, and' Executive "Order 11738. ® Yes ❑,No ❑ N/A Attach documentation .clarifying any above item marked .With "nb".response. Sponsor'sCertification I certify, for the. project.identified'herein; responses to the forgoing items are accurate as marked' and" additional documentation.for,any iternMarked "no.' is,correct and complete. Executed on this 7 2 day of .June , 2016 .. Name of Sponsor:.City of Yakirna - YakimafAir Terminal Name of Sponsor's AuthorizedOfficial: Jeff Cutter Title of Sponsor's Authorized.Official:'Interim City Manager Signature of Sponsor's Authorized Official' I declare underpenalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information.to the federal government is a violation of 18' USC '§ 1001 (False Statements) and could subject me to fines, imprisonment, or both. Project Plans and Specifications Airport Improvement Program Sponsor Certification Sponsor: City of Yakirna Airport: Yakima Air Terminal -'McAllister Field Project Number. AIP No. 3-53-0089438 Description of Work: Snow Removal Equipment - Runway Broom and Carrier "Vehicle Procurement. Application 49 USC § 47165(d) authorises the Secretary to require certification from thesponsor-that it will comply with the statutory and -administrative requirements incarrying out a project under the Alrport Improvement Program (AIP): Labor and, civil. rights. standards applicable to AIP are established by the;Departnent of Labor (www: dol:gov/): AIP Grant Assurance C'.1—General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines, and requirements for assistance, under AIP. A list of current advisory circulars with specific standards for procurement, design or construction of airports; and'installatiohof equipment and'fadilitiesiis referenced in standard airport sponsor Grant. Assurance 34 contained'in the grant agreement. Certification Statements Except for certification statements below marked as not 'applicable (N/A),'this listincludes major requirements "of the construction project.. Selecting "yes" represents. sponsor acknowledgement and ' confirmationof the certification statement. The term "will"'means Sponsor action taken at appropriate time based on the certification• statement focus area, but,no.later than 'the end,of the project period of performance: This list is not comprehensiveand does•not,relieve the,sponsorfrom fully. complying. with all applicable statutoryand.administrativestandards. The 'source. of the requirement is referenced within parenthesis: 1. The plans and,specifications were or will- be prepared. in accordance with applicable federal standardsand,requirements, so that no deviation or modification to.standardsset forth'inthe, advisory circulars; or FAA -accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) (14 USC § 47105). Yes ' ❑ No 0 N/A Specifications incorporate or will incorporate .a clear and accurate description of the technical requirement for the material .or product that does ;not contain limiting or proprietary features that unduly restrict cornpetition ,(2 .CFR "§200.319). faYes '❑ No 0` N/A 2. 3. The-developnient that,is:included or will be included in the plans is depicted,o_ n the current airport layout plan:as approved by the FAA,(14 USC § .47107). ❑ Yes ❑'No TE.N/A FAA Form 5100-1'32 (1/16) Page 1 of 3 4. Development and features that are ineligible or unallowable for AIP funding, have been or will be omitted from the plans and specification's (FAA Order 5100:38, par. 3-43).. Yes ❑ No ❑ N/A 5. The specification does not use or will not use "brand name" or equai.toconvey requirements unless sponsor requests and receives approval from the FAA touse brand name (FAA Order 5100:38, Table U-5). 'Yes 0 N Cl N/A 6. The specification does not impose_or will not impose geographical preferencein their procurement requirements (2 CFR §206.319(b) and FAA Order 5100.38, Table U-5). ® Yes. ❑ No ❑ N/A 7. The use.of prequalified.lists sof individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during.the,solicitationperiod (2 CFR §319(d)). ii Yes ❑ No ❑ N/A . Solicitations with bid alternates include or will include explicit information.that establish a basis for award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)). E)Yes ❑No ❑N/A 9. Concurrence was,or will be obtained from the.FAA if Sponsor incorporates a value engineering clause into the contract (FAA Order 5100.38;. par. 3-57). ❑ Yes ,LINO El N/A. 10.. The plans and: specifications incorporate.or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)).. ❑ Yes ❑.'No ►�1 N/A 11. The design`of all buildings comply or will comply with the seismic design rrequirements of 49 CFR § 41.120.1FAA;Order'5100:38d,. par. 3-92), ❑ Yes ❑ No ®N/A 12. The ;project specification"include or will include.process control and acceptance tests 'required for the project by as per the applicable standard:. .a. Construction_ and installation as contained' in AdvisoryCircular (AC) 150/5370.10. ❑ Yes 0 N lE N/A b. Snow Removal Equipment as contained in AC -150/5220-20. 'Yes ❑'No DNA c. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10. EJ Yes LI No El N/A FAA Form' 5100-132 (1/16) Page 2 of 3 13. For'construction activities within or near aircraft operational areas(AOA): a. The Sponsor'has or will prepare a construction safetyand phasing plan (CSPP) conforming to Advisory Circular 150/5370-2. b. 'Compliance with'CSPP'safety.provisions has been orwill be incorporated.i,nto.the plans and specifications as -a contractor tequirement: c. Sponsor will not initiate work' until receiving FAA's,concurrencemith the,CSPP'(FAA Order 5100.38, Par. 5-29). EI Yes ❑ No 11=1 N/A. 14. The project was=or'wili be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were.foreseeable at.the time of project design (49 USC §471.10(b)(1) and FAA Order 5100.38d, par. 3-100). ®Yes El ,No 0 N/A Attach documentation clarifying any above item marked with"'no".response. Sponsor's.Certification I certify,.for theproject identified 'herein; responses to the forgoing items.are accurate as-marked.and additional documentation for any item marked "no" is correct and,complete. Executed on this day'of June , 2016 . Name of Sponsor:"City of Yakima - Yakirna Air Terminal Nan of Sponsor's.Authorized Official: Jeff Cutter Title of Sponsor's Authorised: Official: Interim City'Manager .Signature ofSponsor's Authorized Official: I declare.under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing: false information,to the federal government.is a violation of 18 USC§ 1001 (False Staternents).and could subject me t� fines, imprisonment, or both: 'FAA Form:5100-132'(1/16) 'Page 3'of 3 Selection of Consultants Airport.Improvernent Program Sponsor Certification Sponsor: Cityof Yakima. Airport: Yakima Air Terminal - McAllister Field 'Project Number AIP No. 3-53-0089-38 Description of Work: Snow Removal Equipment - Runway Broom and Carrier Vehicle Procurement. Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it.Will comply with the statutory and.. administrative requirements in carrying out a project under the Airport;Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are. described ;in 2 CFR §§ 200:317=200.326. Sponsors may, use other quallfications-based procedures provided they.are equivalent, to. standards of,Title 40 chapter 11 and,FAA Advisory Circular 150/5100-14, Architectural, Engineering,, arid Planning Consultant Services for Airport Grarit Projects. Certification Statements `Except for certification statements below marked as not applicable (N/A), thisincludes major requirements. of the construction project. Selecting '" yes" represents sponsor acknowledgement and confirmation of the certification statement. The term ,wilr means. Sponsor action. taken at appropriate time,based on the certification'statement.focus:area, but no'later than.the-end of the, project; period of performance. This list:iis not, comprehensive. and doesnot relievethe sponsor from,fully complying with all appiicable.statutory and administrative standards. The source of the requirementls referenced within parenthesis. 1. 'Sponsor'acknowledges their responsibility for the settlement of all contractual and •administrative issues arising lout of their procurement actions (2 CFR § 200:318(k)) ® Yes ❑allo. ❑ N/A 2. Sponsor procurement actions.ensure or will ensure full end:open cornpetition,that does.not, undulyaimit,conipetition,(2 CFR §200.319). ®Yes No ❑N/A 3. Sponsor has.excludedor will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request -for- qualifications. (RFQ) froin competing for the advertised services. (2. CFRI 200.319): Yes• ❑ :No ❑ N/A 4. The advertisement describes. or will describe specific project statements -of -work that provide clear detail of required services without :unduly restricting competition ,(2 CFR '§ 200.319). ® Yes ❑"No ❑ N/A FAA Form 5100-134.(1/16) Page 1.of 3 5: 'Sponsor h'as•publicized or will.publicize a RFQ•that: Solicits •an adequate number of qualified sources (2 'CFR § 200.320(d));' and 'b. Identifies alt evaluation criteria and relative importance (2 CFR § 2002320(d)). Z'Yes 0' No 0;N/A Sponsor has :based or will :base,selection on:qualifications, experience, and:disadvantaged businessenterprise,participation with price not being a selection factor (2 CFR•§ 200.320(d)). ®aYes 0 No 0'N/A. 7. Sponsor has 'verified.or will verify that agreements exceeding $25,000.are not,awarded to individuals or firms suspended,•debarred or otherwise excluded from participating in federally .assisted projects (2' CFR§180.300): Z Yes 0 No ,0'N/A 8. A/E services covering multiple projects: Sponsor has.agreed.to or will•agree to a. 'Refrain from, initiating work covered by this procurement beyond five years from thedate of selection. (AC 150%51'00=14); and b. Retain the right to conduct new procurement actions for projects' identified* not identified in the _RFQ (AC 150/5100-14).. Yes O.No 0 N/A 9. Sponsor has negotiated or will negotiate.a fair and reasonable fee.with the firth they select as most qualified fortheservices identified in. the RFQ (2 CFR §.200:323). Yes 0 No' '0 N/A 10. The Sponsor'scontractidentifies or will identify co5ts:associa_ted with ineligible.work separately from costs associated with "eligible work (2 CFR § 200.302) •® Yes E No 0' N/A 11. Sponsor 'het. prepared or will prepare a record of negotiations detailing the history•of the procurement action, rationale for contract type and basis for contract fees,(2 CFR §200.318(i)): ® Yes 0 No 0'N/A 12. Sponsor has incorporated •orkwill incorporate mandatory contact provisiorisin the consultant contract for AIP-assisted, work (49 U:S.C. Chapter 471 and 2 CFR part 200 Appendix' II) Yes ONo ON/A 1'3. For contracts that,apply a time-and-material payment provision (also,known as hourly rates, specific rates. of compensation, and labor rates); the Sponsor has established or will establish: a:. Justification that there is no other suitable contract method for the services (2 CFR •§200:318(j)); b. A ceiling 'price.that the consultant exceeds at their risk (2 CFR §200:318(j));,and c. A high degree of oversight that assures consultantis performingwork in en efficient manner with effective cost controls in place 2 CFR §200.318(j)). ❑ Yes .0''No ® N/A FAA Form 5100-134 (1/16) Page 2 of 3 14. Sponsor is not using.•or will not use the prohibited cost -plus -percentage -Of -mist (CPPC):contract method.-(2.CFR §,200.323(d)). Yes ❑ No. d N/A Attach documentation clarifying any,above item marked with "n�' response. Sponsor's Certification !certify, for the project identified' herein; responses.to the.forgoing items are accurate_ .as marked and additional documentation for any item marked'no" is correct and complete. I declare under penalty of perjury that the foregoing is true and correct. I understand -that 'knowingly and willfully providing false information to the federal government isa violation of 18 USC.§ 1001 (False Statements) and could subject me. to fines,imprisonment, or both: Executed on this ZZ day.of June , 2016. .. Name of Sponsori City of,Yakima = Yakima Air Terrninal Name of Sponsor's Authorized' Official: Jeff Cutter Title ofSponscr's.Authorized'Officiel: Interim City Manager Signature of Sponsor's Authorized,Official: lt./'xij.- I declare under penalty of perjury that the foregoing is true and correct.`1 understand that knowingly and willfully, providing false information to the federal government is 'a violation of 18 USC § 1001 (False Statements). and could subject me to fines, imprisonment, or both. FAA Form 5100-134 (1116) Page 3 of 3• Drug -Free Workplace. Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport. Yakima Air Terminal- McAllister Field .Project Number: AIP No. 3-53-0089-38 Description:of.Work: Snow Removal Equipment —Runway Broom and Carrier Vehicle. Procurement. ,Application 49 USC § 471'05(d) authorizes the Secretary to require certification from,the sponsor that will comply with. the statutory.'and administrative requirements:in,tarrying out a project underrthe.Airport;lmprovement' 'Program (AIP): General requirements on. the drug-free workplace within federal` grant programs.are. described in,2..CFR'part 182: Sponsors are required to certify theywill:be; or will continue to, provide, .a drug-free workplacefn.accordance with the regulation. The AIP project grant agreement contains,specific assurances on the'Drug'Eree'Workplace.Act of 1988. Certification Statements. Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the: construction, project. Selecting "yes" represents sponsor acknowledgementand confirmation of the certication'statement. The'term "will" means Sponsor action. taken at appropriate time basedon, the• certification statement focus.area, but no later than the eridof the project period of :performance:.This.listjs not comprehensive and does not relieve the sponsorfrom fullycomplying With .all applicable statutory and administrative standards'. Th e.source of the requirement'is referenced within parenthesis: 1. A statement'has been or will be:published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ofa controlled substance.is prohibited in the:sponsor's workplace, ,and specifying"the actions to betaken against employees"forvioiation "of such prohibition (2 CFR'§ 182.205). ® Yes. D No N/A 2. An ongoing3irug4ree awareness program (2CFR § 182.215) has.been or will' be established prior to commencement'of projectito.inform employees about: a. The dangers of drug abuse in the:workplace; b. The sponsor's policy of maintaining a.drug-free workplace; c. Any available drug couriseling,.rehabilitation, and employeeassistance,programs; and d. The penalties,that may be imposed upon employees for drug abuse violations occurring in the workplace. ® Yes f No N/A FAA Form 5100-130 (1/16) Page 1. of 3 3'. Each employee to be engaged in the performancetof the work has.been or will be given atopy of the statement. required within item 1 above prior to commencement of project.(2 CFR'§ 182.210). Yes ❑ .No ❑ N/A 4. Employees'have been, orw111 be notified in the statement required b' item 1 above.that, as a condition employrnentunder the -grant -(2 CFR § 182:205(c)), the ernplbyee will: a. Abide by the term"s.of the;staternent; and 'b. Notify the employe -tin Writing of"his or her conviction for a violation of a criminal drug statute occurring in the workplace• no later than five calendar days 'aftersuch conviction. Yes ❑ No ❑, N/A 5. The. Federal"Aviation Administration .(FAA) will be notified in writing within 10 calendar days after receiving. notice<under item 4b above from an employee or otherwise<receiving actual notice'of such conviction (2CFR'§ 182:225): ,Employers of convicted employees must provide notice; including:positiontitle-of the 'employee, to the FAA•(2 CFR..§ 182:300): .Yes ❑ No ❑ N/A, 6 One of.the fotiowing actions.(2'CFR § 182.225(b)) will betaken within 30 calendar ,daysof receiving a notice under item 4b above with respect to any employee who is so convicted:" P. Take appropriate personne&action against such ;an employee,. up to and including termination, consistent with;the r'equirements.ofthe Rehabilitation Act of 1973, as -amended; and b.. Require such employee'to participate satisfactorily in drug abuse'assistance or rehabilitation ;programs .approved'for'such,purposes by<a;federal,'state, or Iocal',health, law enforcement, or other appropriate agency: Yes ❑ No !N/A. .7; A good faith,effort will'bemade;, on a continuous "basis', to maintain _a drug-free workplace through implementation, of "items 1' "through.6above,(2 CFR §182:200):. Yes~ ❑ No ❑ :N/A. Site(s) of performance ofwork (2 CFR '§ 182.230): Location 1 Name of Location: Airport Maintenance Shop Address: 3106 West W.ashington,Avenue, Yakima, WA 98903 'Location 2 (if applicable)' Name of Location: Airport Administration'Of ice Address: 2406West Washington Avenue, Suite B, Yakima; WA 98903 Location 3 (ifapplicable) Name of Location:. Address: FAA Form 5100-130 (1/16) Page 2 of 3 Attach documentation clarifying any above 'tern marked with "no" response. Sponsor's Certification. 1 certify; for the project identified herein, responses to the forgoing items are accurate as marked and additional4ocumentation.for anyitem marked:"no" is correct and complete. Executed.on this 14- day of _June , 2016 Name rof Sponsor: Ciiy.of Yakima : Yakima Air Terminal Name of Sponsor's Authorized Official; eff utter Title of Sponsor's Authorized'Officiali Interim City Manager 'Signature Of Sponsors Authorized Official: 1.declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfullyproviding false information to the federal government is a violation of 18 USC § 1001 (False Statements);and could subject me to fines, imprisonment, or both. FAA, Form 5.100430 (1/16) Page 3 of 3 Construction Project. Final Acceptance Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal - McAllister Field Project Number: AIP No.:3-53-0089-38 Descr'iption•of Work: Snow Removal Equipment - Runway Broom and Carrier Vehicle Procurement. Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor thatit will comply with the:statutory and administrative requirements in,car ging out a project under the Airport Improvement Program. General:standards for fnal'acceptance and. closeout of federally funded'construction projects. are tin 2 CFR §' 200.343 — Closeout and supplemented by FAA Order 5100.38. The sponsor must determine•that project costs are accurate andproper'in accordance with speck _requirements of the. grantagreement and.contract•documents. ,Certification Statements 'Except for certification statements below -marked not applicable(N/A), this'list includes major requirements.of the construction project Selecting ".yes"" represents sponsor acknowledgement and. confirmation of the certification statement, The term"will" means Sponsor, action taken at• appropriate time based one the• certification statement focus area„but no laterthenthe end: of' the project; period of ,performance. Thislist is not comprehensive and _does notrelieveAhe sponsor from. fully complying with.all applicable statutoryacid administrative standards. The source:of the requirement is referenced within ;parenthesis. 1:. The personnel erigeged•in:project administration,: engineering supervision, project inspectiqn.and acceptance testing were or will be determined to rbe qualified and•competent to perform the'work (Grant'Assurance):. Yes ;❑ No :❑'N/A 2. Construction records, 'including daily logs, were orwill,be kept by the resident engineer/corfpfryction inspector thatfully docurrient:contractor's,performande in,complying with: a. Technical,standards, (Advisory Circular(AC) 150/5370-12); b. Contract requirements (2'CFR part 200 and'FAA Qrder 5100.38);. and c. Construction safety and;phasing plan measures (AC 150/5370-2). ® Yes ❑ No '❑ N/A 3. .All:acceptance tests,specified in the project specifications were or will be performed and documented. (AC 150/5370-12). E Yes ❑ No ❑.N/A FAA Form 5100-129 (.1/16) 1 4. Sponsor has taken or will take:appropriate corrective.action forany test result outside of allowable :tolerances (AC 150/5370-12). •Z Yes ❑ No ❑ N/A 5. Pay reduction factors required bythe specification's were applied'or will. be applied in computing final payments with a summary made available to.the FAA (AC 150/5370-40). ®'Yes ❑. No ❑ N/A 6. Sponsor has.,notified,-or wilt promptly notify the Federal Aviation Administration (FAA) of the following occurrences: a: Violations deny federarrequirements set forth or included:by reference in the contract documents (2 CFR part 200); b. Disputes or complaints concerning federal labor standards,(29 CFRpart5); and c. Violations of or complaints addressing conformance with Equal'EmploymentOpportunitypr Disadvantaged Business'Enterprise requirements (41 ,CFR Chapter 60, and 49 CFR'part 26). E) Yes .❑ No ❑=N/A 7. 'Weekly payroll: records and :statements of compliance were or will:besubmitted.by the prime contractor and .reviewed by the sponsor" for conformance with federal labor erid_civil rights requirements as required by.FAA and U:S. Dep artment of Labor (29 CFR Part 5). ❑Yes. No N/A Payments to;thecontractor.were orwill be made in conformance with federal requirements and. -contract provisions_ using sponsor internal controls that include: a. Retaining source.docurnentation of payments and verifying,,contractor billing statements against actual performance•(2, CFR § 200.302. and FAA,Order51.00.38); -b: Prompt.paymenf of subcontractors for satisfactory performariceofiwork (49',CFR § 2629); c. Release of applicable retainage upon satisfactory performance of work.(49'CFR §.26.29); and .d. Verification that payments to DBEs represent work the DBE'performed _by Carrying out'a commercially-usefurfunction,(49 CFR"§26:55). ® Yes D. No ❑ N/A 9; A final project inspection was.orwill.be conducted with representatives of;the sponsor andthe, :contractor preserit.that.ensure: a. Physical completion of'project work in conformance with. approved plans,and specifications (Order 5100.38);' b. Necessary actions to correct ;punch' list items- identified during final inspectionare complete. (Order 5100.38); and c. Preparationofa record•of.final inspection anddistribution to parties to the contract (Ord'er 5100.38); ® Yes ❑ No ❑ N/A FAA Form 5100-129 (1/16) 2 10. The project was or will be accomplished without material deviations, changes, or modifications. from approved plans andspecifications, except as approved by the FAA (Order.510038) Eg Yes ❑ No ❑ N/A 11. The construction of all, buildings :have .complied or will comply with the seismic construction requirements of 49 CFR § 41:120, ❑. Yes. ❑ No ®.N/A 12. For development projects, sponsor has taken or will take the following close-out actions: a). Submit.to the FAA a final test and quality assurance report summarizing acceptance test results, as applicable (Grant Condition); b) Complete all environmental requirements as established within the project environmental determination (Oder 5100.38); and' c) Prepare and- retain.as-built plans (Order 5100.38). ❑ Yes . ❑ No. ®N/A 13. Sponsor'has•revised or will revise their airport layout plan (ALP) that reflects improvements made and has submitted -or wilt. submit. an updated_ ALP. to the FAA no'l'aterthan90 days.from the period -of performance end date. (49 USC § 47107 and:Order.5100:38). ❑ Yes ❑ No ®.N/A Attach documentation clarifying any above item marked with "nod"response. Sponsor's Certification I certify, for the .projectidentified:herein, responses to the forgoing.items:are accurate as`marked and additional documentation for any item„marked� "no" is.correct and complete. Executed on this; .2 t- day of: June 2016 . Nacne ofSponsor::'City of Yakima -Yakima Air Terminal Name of Sponsor's Authorized Official` Jeff Cutter TitlaofSponsor's Authorized Official Interim City Manager Signature of$ponsor's Authorized Official: I declare under,penalty of perjury that the.foregoing is true and "correct. I understand that knowingly and willfully providing, false information, to the federal government is.a violation of 18 USC § 1001 (False_ Statements) and could subject rrie to fines, :imprisonment; or both. FAA Form 510-129 (1/16) 3 Airport/Sponsor: TITLE VI PRE -AWARD SPONSOR CHECKLIST Yakima Air Terminal / City of Yakima AIP #: 3-53-0089-38 Project Description(s): 1. Procure two Runway Brooms with Carrier Vehicles. 2. Replace security vehicle and pedestrian gates. 1) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data concerning the race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or national origin. ® None 2) Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor. Include a summary of the findings. ® None (If "None", continue with questions 3 and 4). 3) Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. ® None 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. ® None Review completed and approved: Date: To be completed by the Civil Rights Staff Signature This checklist is only required for projects that involve one of the following: Environmental Assessment or Impact Statement (EIS), airport or runway relocation; major runway extension, relocation of any structure of person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW; Renton, WA 98057-3356. FAX: (425) 227-1009 Phone (425) 227-2009 �1 U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART 1— OFFER Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: City of Yakima, Washington August 24, 2016 Yakima Air Terminal/McAllister Field — Yakima, Washington 3-53-0089-038-2016 (Contract Number: DOT-FA16NM-0032) 078212651 (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 , for a grant of Federal funds for a project at or associated with the Yakima Air Terminal/McAllister Field, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Yakima Air Terminal/McAllister Field (herein called the "Project") consisting of the following: Acquire 2 Snow Removal Equipment (SRE) vehicles with brooms; Replace 19 access gates (Phase 1 — design); which is more fully described in the Project Application, NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated March 2014, and the Sponsor's acceptance of this Offer, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay ninety (90) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 3-53-0089-038-2016 CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $1,242,672. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $0 for planning $1,242,672 for airport development or noise program implementation $0 for land acquisition 2. Period of Performance. The period of performance begins on the date the Sponsor formally accepts this agreement. Unless explicitly stated otherwise in an amendment from the FAA, the end date of the project period of performance is 4 years (1,460 calendar days) from the date of formal grant acceptance by the Sponsor. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR § 200.309). Unless the FAA authorizes a written extension, the sponsor must submit all project closeout documentation and liquidate (pay off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR § 200.343). The period of performance end date does not relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of a grant agreement. 3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4. Indirect Costs — Sponsor. Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application and as accepted by the FAA to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior.to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 31, 2016, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner 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 dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by 2 March, 2014 3-53-0089-038-2016 settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 11. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Requirement for Data Universal Numbering System (DUNS) Numbers 1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or other entity that enters into an agreement with the Sponsor to provide services or other work to further this project, and is accountable to the Sponsor for the use of the Federal funds provided by the agreement, which may be provided through any legal agreement, including a contract. 2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its DUNS number to the Sponsor. 3. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-606-8220) or on the web (currently at http://fedgov.dnb.com/webform). 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of condition No. 1. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Air_and_Water Quality. The Sponsor is required to comply with all applicable air and water quality 3 March, 2014 3-53-0089-038-2016 standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this grant. 15. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance 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 which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 17. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. May not be increased for a planning project; B. May be increased by not more than 15 percent for development projects; C. May be increased by not more than 15 percent for land project. 18. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part 200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. The Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office. 19. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if non-federal entity is excluded or dis qualified; or 2. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions (e.g. Sub -contracts). C. Immediately disclose to the FAA whenever the Sponsor: (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity. 20. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and 4 March, 2014 3-53-0089-038-2016 b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 21. Trafficking in Persons. A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) apply to any entity other than a State, local government, Indian tribe, or foreign public entity. This includes private Sponsors, public Sponsor employees, subrecipients of private or public Sponsors (private entity). Prohibitions include: 1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is in effect; 2. Procuring a commercial sex act during the period of time that the agreement is in effect; or 3. Using forced labor in the performance of the agreement, including subcontracts or subagreements under the agreement. B. In addition to all other remedies for noncompliance that are available to the FAA, Section 106(g) of the Trafficking Victims Protection Act of 2000 (NPA), as amended (22 U.S.C. 7104(g)), allows the FAA to unilaterally terminate this agreement, without penalty, if a private entity — 1. Is determined to have violated the Prohibitions; or 2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is either: a. Associated with performance under this agreement; or Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR part 1200. 22. Exhibit "A" Property Map. The Exhibit "A" Property Map dated April 15, 2015, is incorporated herein by reference or is submitted with the project application and made part of this grant agreement. 23. ARFF and SRE Equipment and Vehicles. The Sponsor agrees that it will: A. House and maintain the equipment in a state of operational readiness on and for the airport; B. Provide the necessary staffing and training to maintain and operate the vehicle and equipment; C. Restrict the vehicle to on -airport use only; D. Restrict the vehicle to the use for which it was intended; and E. Amend the Airport Emergency Plan and/or Snow and Ice Control Plan to reflect the acquisition of the vehicle and equipment. 24. Equipment Acquisition. The Sponsor understands and agrees that any equipment acquired through this grant is considered a facility as that term is used in the Grant Assurances. Further, the equipment must be only operated by the Sponsor. The Sponsor agrees that it will maintain the equipment and use it exclusively at the airport for airport purposes. 25. Plans and Specifications Prior to Bidding. The Sponsor agrees that it will submit plans and specifications for FAA review and approval prior to advertising for bids. 26. Consultant Contract and Cost Analysis. The Sponsor understands and agrees that no reimbursement will be made on the consultant contract portion of this grant until the FAA has received the consultant contract, the Sponsor's analysis of costs, and the independent fee estimate. 5 March, 2014 3-53-0089-038-2016 27. Grant Approval Based Upon Certification. The FAA and the Sponsor agree that the FAA approval of this grant is based on the Sponsor's certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA. The Sponsor Certifications received from the Sponsor for the work included in this grant are hereby incorporated into this grant agreement. The Sponsor understands that: A. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to any AIP standards or to notify the FAA of any limitations to competition within the project; B. The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; C. If the FAA determines that the Sponsor has not complied with their certification statements, the FAA will review the associated project costs to determine whether such costs are allowable under AIP 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, consti- tuting 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 &fie9 (Signature) Joelle Briggs Manager, Seattle Airports District Office 6 March, 2014 3-53-0089-038-2016 PART 11 - 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. I declare under penalty of perjury that the foregoing is true and correct.1 Executed this 95+ day of A4.`50.5- ZO l4 Cr -1y a -P Yez.km2 By: (Name of Sponsor) (Signa t f^ of ponsor's Authorized Official) C f iayf'.........._1'rl.a..a..r........ (Typed Name of Sponsor's Authorized Official) (Title of yonsor's Authorized °Vial CERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorney for the Sponsor do hereby certify: That in my opinio thJSp nsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sp sor 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 (location) this 1914 day of By: (Signature of Sponsor's Attorney) Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 7 March, 2014 3-53-0089-038-2016 ASSURANCES AIRPORT SPONSORS A. General. a. 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. b. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. c. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: 8 March, 2014 3-53-0089-038-2016 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.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.' 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f)." g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 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.' I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq." s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq." u. Copeland Anti -kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.' w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109- 282, as amended by section 6202 of Pub. L. 110-252). EXECUTIVE ORDERS a. Executive Order 11246 - Equal Employment Opportunity' b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 — Flood Plain Management 9 March, 2014 3-53-0089-038-2016 d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' f. Executive Order 12898 - Environmental Justice FEDERAL REGULATIONS a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non -Profit Organizations].4, 5, 6 c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment d. 14 CFR Part 13 - Investigative and Enforcement Proceduresl4 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150 - Airport noise compatibility planning. f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government Services. g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. h. 29 CFR Part 1- Procedures for predetermination of wage rates.' i. 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.' 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)." k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 I. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 m. 49 CFR Part 20 - New restrictions on lobbying. n. 49 CFR Part 21— Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.' 2 q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. r. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.' j. 10 March, 2014 3-53-0089-038-2016 s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. t. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial Assistance) v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 41- Seismic safety of Federal and federally assisted or regulated new building construction. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. FOOTNOTES TO ASSURANCE C.1. These laws do not apply to airport planning sponsors. 2' These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 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. 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: 11 March, 2014 3-53-0089-038-2016 It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such 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 this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. 12 March, 2014 3-53-0089-038-2016 d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy 13 March, 2014 3-53-0089-038-2016 of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 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 this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, 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 this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 14 March, 2014 3-53-0089-038-2016 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 plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be 15 March, 2014 3-53-0089-038-2016 required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - 1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, 16 March, 2014 3-53-0089-038-2016 provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. a.) 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. b.) 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. c.) 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. d.) 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. e.) 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. f.) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. g.) 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 17 March, 2014 3-53-0089-038-2016 rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, arid any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20 -year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. a.) 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 18 March, 2014 3-53-0089-038-2016 manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. b.) 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 agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that — a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor 19 March, 2014 3-53-0089-038-2016 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; 3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and 4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. a.) If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout,plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. P. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) 20 March, 2014 3-53-0089-038-2016 for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2) So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." e. Required Contract Provisions. 1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert rion-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: 21 March, 2014 3-53-0089-038-2016 a.) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b.) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. g. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport 22 March, 2014 3-53-0089-038-2016 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 December 31, 2015 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. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the 23 March, 2014 3-53-0089-038-2016 administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (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 whythe 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. 24 March, 2014 FAA Airports 3-53-0089-038-2016 Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated: 12/31/2015 View the. most current versions of these ACs and any associated changes at: http://www.faa.Rov/airports/resources/advisorycirculars NUMBER TITLE 70/7460-1L Obstruction Marking and Lighting 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B Changes 1- 2 Airport Master Plans 150/5070-7 Change 1 The Airport System Planning Process 150/5100-13B Development of State Standards for Nonprimary Airports -150/5200-28E Notices to Airmen (NOTAMS) for Airport Operators +150/5200-30C . Change 1 Airport Winter Safety And Operations 150/5200-31C Changes 1-2 Airport Emergency Plan 150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport 150/5210-7D Aircraft Rescue and Fire Fighting Communications 150/5210-13C Airport Water Rescue Plans and Equipment 150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210-15A Aircraft Rescue and Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel 25 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 12/31/2015 3-53-0089-038-2016 26 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 12/31/2015 150/5210-19A Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on Airports 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220-16D Automated Weather Observing Systems (AWOS) for Non -Federal Applications 150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20A Airport Snow and Ice Control Equipment 150/5220-21C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5220-25 Airport Avian Radar Systems 150/5220-26 Change 1 Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS -B) Out Squitter Equipment 150/5300-7B FAA Policy on Facility Relocations Occasioned by Airport Improvements of Changes 150/5300-13A Change 1 Airport Design 150/5300-14C Design of Aircraft Deicing Facilities 150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-17C Standards for Using Remote Sensing Technologies in Airport Surveys 150/5300-18C Survey and Data Standards for Submission of Aeronautical Data Using Airports GIS 150/5300-18B Change 1 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-5D Airport Drainage Design 150/5320-6E Airport Pavement Design and Evaluation 26 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 12/31/2015 3-53-0089-038-2016 NUMBER U 150/5320-12C Changes 1-8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-15A Management of Airport Industrial Waste 150/5235-4B Runway Length Requirements for Airport Design 150/5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN 150/5340-1L Standards for Airport Markings 150/5340-5D Segmented Circle Airport Marker System 150/5340-18F Standards for Airport Sign Systems 150/5340-26C Maintenance of Airport Visual Aid Facilities 150/5340-30H Design and Installation Details for Airport Visual Aids 150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch 150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10H Specification for Constant Current Regulators and Regulator Monitors 150/5345-12F Specification for Airport and Heliport Beacons 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors 150/5345-27E Specification for Wind Cone Assemblies 150/5345-28G Precision Approach Path Indicator (PAPI) Systems 150/5345-39D Specification for L-853, Runway and Taxiway Retro reflective Markers 150/5345-42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345-43G Specification for Obstruction Lighting Equipment 150/5345-44K Specification for Runway and Taxiway Signs 150/5345-45C Low -Impact Resistant (LIR) Structures 27 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 12/31/2015 3-53-0089-038-2016 NUMBER Vial@ Specification for Runway and Taxiway Light Fixtures 150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49C Specification L-854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Lights 150/5345-51B Specification for Discharge -Type Flashing Light Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) 150/5345-53D Airport Lighting Equipment Certification Program 150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-12F Airport Signing and Graphics 150/5360-13 Change 1 Planning and Design Guidelines for Airport Terminal Facilities 150/5360-14. Access to Airports By Individuals With Disabilities 150/5370-2F Operational Safety on Airports During Construction 150/5370-1OG Standards for Specifying Construction of Airports 150/5370-11B Use of Nondestructive Testing in the Evaluation of Airport Pavements 150/5370-13A Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5370-15B Airside Applications for Artificial Turf 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370-17 Airside Use of Heated Pavement Systems 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 150/5390-2C Heliport Design 28 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 12/31/2015 3-53-0089-038-2016 150/5395-1A Seaplane Bases 29 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 12/31/2015 3-53-0089-038-2016 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 12/31/2015 NUMBER " Ute_ .. 150/5100-14E, Change 1 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-17 Changes 1- 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320-17A Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370-12B Quality Management for Federally Funded Airport Construction Projects 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-78 Airport Pavement Management Program 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 30 12/31/2015 Single Audit Certification Form The Single Audit Act of 1984 established audit requirements for non -Federal entities that receive Federal aid. On December 26, 2014, the implementing document, OMB Circular A-133 (Audits of States, Local Governments, and Non - Profit Organizations) was superseded by 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). If your current fiscal year began before December 26, 2014, then OMB Circular A-133 is still applicable. If your fiscal year begins on or after January 1, 2015, then 2 CFR Part 200 applies. Under OMB A-133, State or local governments (City, County, Airport Authority, Airport Board) that expend $500,000 or more a year (calendar or fiscal) in total Federal financial assistance must conduct an audit and submit it to the Federal Audit Clearinghouse. If the single audit is required under 2 CFR Part 200, then the total Federal financial assistance expenditure limit is $750,000 or more. For more information on the Single Audit Act requirements please reference the following web site: http://harvester.census.gov/sac/ This notice is our request for a copy of your most recent audit, whether or not there are any significant findings. In accordance with your Airport Improvement Program (AIP) grant agreement, you must also provide that information to your local Airports,District Office (ADO). Please fill out the information below by checking the appropriate line(s), sign, date, and,return this form to the FAA local ADO identified at the bottom of the form. Airport Sponsor Information: Crlye -P yakirmQ- ,90/� Sponsor Name Fiscal/Calendar Year Ending .4%-• ki /'y� q T'e.r'p- t l Oki Airport Name . CAPP moor -e. Sponsor's Representative Name Representative's &fie S0 q—s-'7Y 1 / T ? Co6, j1 e44Nbh ayczhAcrev !er# 7I'/Ie //Car t Telephone Email Please check the appropriate line(s): O We are subject to the Single Audit requirements and are taking the following action: ❑ The Single Audit for this fiscal/calendar year has been submitted to the FAA. O The Single Audit for this fiscal/calendar year is attached. rThe Single Audit report will be submitted to the FAA as soon as this audit is available. O We are exempt from the Single Audit requirements for the fiscal/calendar noted above. Sponsor Certification: Return to: 9/is/ ao t„ Signature Date FAA, Seattle Airports District Office 1601 Lind Ave. SW, Ste. 250 Renton, WA 98057-3356 Edited 3/19/18 City Manager Signature Transmittal This form is NOT needed if item is going to Council Name/Phone Robert K. Peterson Department Airport Date Dec 19,2018 Brief Project Description: Sponsor certification was updated by the FAA and provided during AIP 38 rebid process. Project# Is Item Budgeted? ❑ Yes ❑ No Account# Amount$ (or Accounts) What is the current balance in this account as of today? ,Amount$ Checking that the vendor is not delinquent in their taxes and hasn't been debarred is required. (Print out and attach) If Local funds used: http://apps.dor.wa.gov/BRD/ If Federal Funds used: www.sam.gov Is this a new contract? ❑ Yes ❑x No,go to EXISTING CONTRACT below NEW CONTRACT: Effective Date Contract Term Certificate of Insurance Required? (if yes,forward to Purchasing) ❑ Yes ❑ No Purchasing involvement required? (see manual) ❑ Yes ❑ No Competition Received? (If over$10K) ❑ Yes ❑ No Technology or Network related? ❑ Yes ❑ No If yes,has I.T.Reviewed? ❑ Yes ❑ No EXISTING CONTRACTOR AMENDMENT? Original Resolution or Ordinance or Contract No. 2016-55 Effective Date Dec 19,2018 Contract Term Other Reviewed By(Digital or Physical signature): 1. Department Director Date /a/ Nile, 2. Finance Director Date 3. City Attorney Date i U S Department of Transportation Federal Aviation Administration FAA Form 5100-132, Project Plans and Specifications — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information All responses to this collection of information are required under 49 U S C Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200 Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Federal Aviation Administration at: 800 Independence Ave SW, Washington, DC 20591,Attn Information Collection Clearance Officer,ASP-110 FAA Form 5100-132 �1 U S Department of Transportation OMB CONTROL NUMBER. 2120-0569 �/ Federal Aviation Administration EXPIRATION DATE.8/31/2019 Project Plans and Specifications Airport Improvement Program Sponsor Certification Sponsor City of Yakima Airport: Yakima Air Terminal-McAllister Field Project Number 3-53-0089-38 Description of Work. Procure snow removal equipment to include two snowsweepers with carrier vehicles. Application 49 USC §47105(d)authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP) Labor and civil rights standards applicable to AIP are established by the Department of Labor(www dol gov/) AIP Grant Assurance C 1—General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under AIP A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term"will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards The source of the requirement is referenced within parenthesis. 1 The plans and specifications were or will be prepared in accordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars, or FAA-accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) (14 USC §47105) El Yes ❑ No ❑N/A 2 Specifications incorporate or will incorporate a clear and accurate description of the technical requirement for the material or product that does not contain limiting or proprietary features that unduly restrict competition (2 CFR§200 319) ❑x Yes ❑ No ❑N/A FAA Form 5100-132(1/17)SUPERSEDES PREVIOUS EDITION Page 1 of 3 3. The development that is included or will be included in the plans is depicted on the current airport layout plan as approved by the FAA(14 USC §47107) ❑ Yes ❑ No El N/A 4 Development and features that are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications(FAA Order 5100 38, par 3-43). ID Yes ❑ No ❑ N/A 5 The specification does not use or will not use"brand name"or equal to convey requirements unless sponsor requests and receives approval from the FAA to use brand name (FAA Order 5100 38, Table U-5) 0 Yes ❑ No ❑ N/A 6 The specification does not impose or will not impose geographical preference in their procurement requirements (2 CFR §200 319(b)and FAA Order 5100 38, Table U-5) D Yes ❑ No ❑ N/A 7 The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2 CFR§319(d)) 0 Yes ❑ No ❑ N/A 8 Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor(2 CFR§200 319(a)(7)) ❑ Yes ❑ No ID N/A 9 Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract(FAA Order 5100 38, par 3-57) ❑ Yes ❑ No p N/A 10 The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)) ❑ Yes ❑ No ID N/A 11. The design of all buildings comply or will comply with the seismic design requirements of 49 CFR §41 120 (FAA Order 5100 38d, par. 3-92) El Yes No pN/A 12 The project specification include or will include process control and acceptance tests required for the project by as per the applicable standard a. Construction and installation as contained in Advisory Circular(AC) 150/5370-10 ❑Yes ❑ No IIJ N/A FAA Form 5100-132(1/17)SUPERSEDES PREVIOUS EDITION Page 2 of 3 b. Snow Removal Equipment as contained in AC 150/5220-20 p Yes ❑ No ❑ N/A c. Aircraft Rescue and Fire Fighting (ARFF)vehicles as contained in AC 150/5220-10 ❑Yes ❑ No p N/A 13 For construction activities within or near aircraft operational areas(AOA) a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP)conforming to Advisory Circular 150/5370-2. b Compliance with CSPP safety provisions has been or will be incorporated into the plans and specifications as a contractor requirement. c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP(FAA Order 5100 38, Par 5-29) ❑ Yes No ID N/A 14 The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §47110(b)(1)and FAA Order 5100 38d, par 3-100) El Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no"is correct and complete Executed on this j ci day of i��a�o,�, bxr' Name of Sponsor City of Yakima Name of Sponsor's Authorized Official Cliff Moore Title of Sponsor's Authorized Official City Manager Signature of Sponsor's Authorized Official I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC§ 1001 (False Statements)and could subject me to fines, imprisonment, or both FAA Form 5100-132(1/17)SUPERSEDES PREVIOUS EDITION Page 3 of 3 0 U S. Department of Transportation Federal Aviation Administration FAA Form 5100-132, Project Plans and Specifications — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number The OMB Control Number for this information collection is 2120-0569 Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information All responses to this collection of information are required under 49 U S C Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200 Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Federal Aviation Administration at: 800 Independence Ave SW, Washington, DC 20591, Attn. Information Collection Clearance Officer,ASP-110 FAA Form 5100-132 "lbU.S Department of Transportation OMB CONTROL NUMBER. 2120-0569 lee Federal Aviation Administration EXPIRATION DATE.8/31/2019 Project Plans and Specifications Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal-McAllister Field Project Number 3-53-0089-38 Description of Work: Procure snow removal equipment to include two snowsweepers with carrier vehicles. Application 49 USC§47105(d)authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP) Labor and civil rights standards applicable to AIP are established by the Department of Labor(www dol gov/) AIP Grant Assurance C 1—General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under AIP A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term"will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards The source of the requirement is referenced within parenthesis 1 The plans and specifications were or will be prepared in accordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars, or FAA-accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) (14 USC §47105) ❑x Yes ❑ No ❑N/A 2 Specifications incorporate or will incorporate a clear and accurate description of the technical requirement for the material or product that does not contain limiting or proprietary features that unduly restrict competition (2 CFR§200.319) ❑x Yes ❑ No ❑N/A FAA Form 5100-132 (1/17)SUPERSEDES PREVIOUS EDITION Page 1 of 3 3 The development that is included or will be included in the plans is depicted on the current airport layout plan as approved by the FAA(14 USC§47107) ❑ Yes ❑ No I N/A 4 Development and features that are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications(FAA Order 5100 38, par 3-43). D Yes ❑ No ❑ N/A 5 The specification does not use or will not use"brand name" or equal to convey requirements unless sponsor requests and receives approval from the FAA to use brand name (FAA Order 5100 38, Table U-5) ID Yes ❑ No ❑ N/A 6 The specification does not impose or will not impose geographical preference in their procurement requirements (2 CFR§200 319(b)and FAA Order 5100 38, Table U-5). ❑x Yes ❑ No ❑ N/A 7 The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2 CFR§319(d)) ❑x Yes ❑ No ❑ N/A 8 Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor(2 CFR§200 319(a)(7)) ❑ Yes ❑ No ❑x N/A 9 Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract(FAA Order 5100 38, par 3-57). ❑ Yes ❑ No GI N/A 10 The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)) ❑ Yes ❑ No ❑X N/A 11 The design of all buildings comply or will comply with the seismic design requirements of 49 CFR §41 120 (FAA Order 5100 38d, par 3-92) ❑ Yes ❑ No ❑x N/A 12 The project specification include or will include process control and acceptance tests required for the project by as per the applicable standard a. Construction and installation as contained in Advisory Circular(AC) 150/5370-10 ❑Yes ❑ No ❑x N/A FAA Form 5100-132(1/17)SUPERSEDES PREVIOUS EDITION Page 2 of 3 b Snow Removal Equipment as contained in AC 150/5220-20 ❑x Yes ❑ No ❑ N/A c. Aircraft Rescue and Fire Fighting (ARFF)vehicles as contained in AC 150/5220-10 OYes ❑ No p N/A 13 For construction activities within or near aircraft operational areas(AOA) a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP)conforming to Advisory Circular 150/5370-2 b Compliance with CSPP safety provisions has been or will be incorporated into the plans and specifications as a contractor requirement. c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order 5100 38, Par 5-29) ❑ Yes CI No El N/A 14 The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §47110(b)(1)and FAA Order 5100 38d, par 3-100) Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete Executed on this ( i day of O Ec-<,y,}a , Zo Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official- Cliff Moore Title of Sponsor's Authorized Official City Manager Signature of Sponsor's Authorized Official I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements)and could subject me to fines, imprisonment, or both FAA Form 5100-132(1/17)SUPERSEDES PREVIOUS EDITION Page 3 of 3 Appendix 3 City of Yakima (Sponsor) Acquire 2 Snow Removal design) (Work Description) U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION SELECTION OF CONSULTANTS Yakima Air Terminal / McAllister Field (Airport) Equipment (SRE) vehicles with brooms; replace 3-53-0089-38 (Project Number) 19 access gates (Phase 1 — Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General standards for selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standard. 1. Solicitations were (will be) made to ensure fair and open competition from a wide area of interest. 2. Consultants were (will be) selected using competitive procedures based on qualifications, experience, and disadvantaged enterprise requirements with the fees determined through negotiations. 3. A record of negotiations has been (will be) prepared reflecting considerations involved in the establishment of fees, which are not significantly above the sponsor's independent cost estimate. 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval was (will be) obtained from the FAA. 5. The consultant services contracts clearly establish (will establish) the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 6. Costs associated with work ineligible for AIP funding are (will be) clearly identified and separated from eligible items in solicitations, contracts, and related project documents. 7. Mandatory contact provisions for grant -assisted contracts have been (will be) included in consultant services contracts. 8. The cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards were not (will not be) used. Yes No N/A ED Page 1 of 2 9. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was (will be) specifically described in the advertisement, and future work will not be initiated beyond five years. fl El I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Yakima Line of Sponsor) (Signature f Sponsor's Design d Official Re Native) Alex Meyerhoff (Typed Name of Sponsor's Designated Official Representative) Interim City Manager (Typed Title of Sponsors Designated Official Representative) March 4, 2020 (Date) Page 2 of 2 Appendix 4 City of Yakima (Sponsor) Acquire 2 Snow Removal design) (Work Description) U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION PROJECT PLANS AND SPECIFICATIONS Yakima Air Terminal / McAllister Field 3-53-0089-38 (Airport) (Project Number) Equipment (SRE) vehicles with brooms; replace 19 access gates (Phase 1 — Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One --General Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports as well as procurement/installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. The plans and specifications were (will be) prepared in accordance with applicable Federal standards and requirements, so no deviation or modification to standards set forth in the advisory circulars, or State standard, is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not (will not be) proprietary or written so as to restrict competition. At least two manufacturers can meet the specification. 3. The development included (to be included) in the plans is depicted on the airport layout plan approved by the FAA. 4. Development that is ineligible for AIP funding has been (will be) omitted from the plans and specifications. 5. The process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370-10 are (will be) included in the project specifications. 6. If a value engineering clause is incorporated into the contract, concurrence was (will be) obtained from the FAA. 7. The plans and specifications incorporate (will incorporate) applicable requirements and recommendations set forth in the Federally approved environmental finding. Yes No N/A Page 1 of 2 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been (will be) discussed with the FAA as well as incorporated into the specifications, and a safety/phasing plan has FAA's concurrence, if required. 9. The project was (will be) physically completed without Federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design. Yes No N/A El El I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Yakima of Sponsor) (Signature af Sponsor's Desn; ed Official Repms ntetive) Alex Meyerhoff (Typed Name of Sponsor's Designated Official Representative) Interim City Manager (Typed Title of Sponsor's Designated Official Representative) March 4, 2020 (Date) Page 2 of 2 Appendix 5 City of Yakima (Sponsor) Acquire 2 Snow Removal design) (Work Description) U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION EQUIPMENT/CONSTRUCTION CONTRACTS Yakima Air Terminal / McAllister Field 3-53-0089-38 (Airport) (Project Number) Equipment (SRE) vehicles with brooms; replace 19 access gates (Phase 1 — Title 49, United States Code (USC), section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General standards for equipment and construction contracts within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), Part 18.36. AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One --General Federal Requirements. Sponsors may use State and local procedures provided procurements conform to these Federal standards. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect ofproject implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. A code or standard of conduct is (will be) in effect governing the performance of the sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. 2. Qualified personnel are (will be) engaged to perform contract administration, engineering supervision, construction inspection, and testing. 3. The procurement was (will be) publicly advertised using the competitive sealed bid method of procurement. 4. The bid solicitation clearly and accurately describes (will describe): a. The current Federal wage rate determination for all construction projects, and b. All other requirements of the equipment and/or services to be provided. 5. Concurrence was (will be) obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person/firm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsible bidder, c. Life cycle costing is a factor in selecting the lowest responsive bidder, or d. Proposed contract prices are more than 10 percent over the Yes No N/A 111 sponsor's cost estimate, e. 6. All contracts exceeding $100.000 require (will require) the foliowing provisions: a. A bid guarantee of 5 percent, a performance bond of 100 percent, and a payment bond of 100 percent; b. Conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contact terms; and c. Compliance with applicable standards and requirements issued under Section 3O6mfthe Clean Air Act (42USC 1857/h\).Section 5U8of the Clean Water Act (33 USC 1368), and Executive Order 11738. 7. AlI construction contracts contain (will contain) provisions for: a. Compliance with the Copeland "Anti -Kick Back" Act, and b. Preference given in the employment of labor (except in executive, administrative, and supervisory positions) to honorably discharged Vietnam era veterans and disabled veterans. 8. All construction contracts exceeding $2.800 contain (will contain) the following provisions: a. Compliance with the Davis -Bacon Act based on the current Federal wage rate determination; and b. Compliance with the Contract Work Hours and Safety Standards Act (40 USC 327-330), Sections 103 and 107. 9. All construction contracts exceeding $10,000 contain (will contain) appropriate clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Empbyment Opportunity. 10. All contracts and subcontracts contain (wiU contain) clauses required from Title VI of the Civil Rights Act and 49 CFR 23 and 49 CFR 26 for Disadvantaged Business Enterprises. 11. Appropriate checks have been (will be) made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any U.S. Department of Transportation (DOT) element and appearing on the DOT Unified List. Yes N/A MI El [] I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Yakima me of Span��� (Signatu 0 Representative) Alex Meyerhoff (Typed Name of Sponsor's Designated Official Representative) Interim Manager (Typed Title of Sponsor's Designated Official Representative) March 4, 2020 El Appendix 6 U.G. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION CONSTRUCTION PROJECT FINAL ACCEPTANCE Yakima Air Terminal /McAllister Cityof���ma 3-53-0089-38 Field (Sponsor) (Airport) (Project Number) Acquire 2 Snow Removal Equipment (SRE) vehicles with brooms; replace 19 access gates (Phase 1 — design) (Work Description) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program. General standards for final acceptance and close out of federaily funded construction pjects are in Title 49, Code of Federal Regulations, Part 18.50. The sponsor shall determine that pject000tmanamcourohamndprmpmrinaocondmnoevxithepmcificrmqu|nennmntaofthmgrantognemnnent and contract documents. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of pjectinnpkenmentabon.althmughb|mnot comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. 1. The personnel engaged in project administration, engineering supervision, construction inspection and testing were (will be) determined to be qualified as well as competent to perform the work. 2. Daily construction records were (will be) kept by the resident engineer/construction inspector as foliows: a. Work in progress, b. Quality and quantity of materials delivered, c. Test Iocations and results, d. Instructions provided the contractor, e. Weather conditions, f. Equipment use, g. Labor requirements, h. Safety prmb|enno, and i. Changes required. 3. Weekly payroll records and statements of compliance were (will be) submitted by the prime contractor and reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circulars 150/5100-8 and 150/5100-15). 4. Complaints regarding the mandated Federal provisions set forth in the contract docurnents have been (will be) submitted to the FAA. 5. All tests specified in the plans and specifications were (will be) performed and the test results documented as well as made available to the FAA. 6. For any test results outside of allowable tolerances, appropriate corrective actions were (will be) taken. Yes No N/A D Page 1 of 2 7. Payments to the contractor were (will be) made in compliance with contract provisions as foliows: a. Payments are verified by the sponsor's internal audit of contract records kept by the resident engineer, and b. If appropriate, pay reduction factors required by the specifications are applied in computing final payments and a summary of pay reductions made available to the FAA. 8. The pject was (will be) accomplished without significant deviations, changes, or modifications from the approved plans and specifications, except where approval is obtained from the FAA. 9. A final pject inspection was (will be) conducted with representatives of the sponsor and the contractor and project files contain documentation of the final inspection. 10. Work in the grant agreement was (will be) physically completed and corrective actions required as a result of the final inspection is completed to the satisfaction of the sponsor. 11. If applicable, the as -built plans, an equipment inventory, and a revised airport Iayout plan have been (will be) submitted to the FAA. 12. Applicable close out financial reports have been (will be) submitted to the FAA. Yes No N/A 0 0 1 certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked "no" that is correct and complete. City of Yakima (Name of Span or) (Stoehr of Sponsor' Alex Meyerhoff (Typed Name of Sponsor's Designated Official Representative) nterim City Manager (Typed Title of Sponsor's Designated Official Representative) March 4, 2020 signaled 0 c Representative) (Date) Page 2 of 2 U.S. Department of Transportation Federal Aviation Administration August 20, 2020 Northwest Mountain Region Seattle Airports District Office Colorado • Idaho • Montana Oregon • Utah 2200 S. 216th St. Washington • Wyoming Des Moines, WA 98198 Mr. Alex Meyerhoff Interim City Manager City of Yakima 2606 W. Washington Ave., Ste. B Yakima, WA 98903 Airport: Yakima Air Terminal/McAllister Field Location: Yakima, Washington Sponsor: City of Yakima, Washington AIP: 3-53-0089-038-2016 Contract No. DOT-FA16NM-0032 DUNS No. 078212651 Letter Amendment (Amendment No. 1) Dear Mr. Meyerhoff: This is in response to the sponsor request dated April 6, 2020, requesting an amendment to the Grant Agreement for the subject AIP Project. You requested a decrease in the maximum grant obligation of the United States, as set forth in the Grant Agreement accepted by the sponsor on August 25, 2016. This letter commits the FAA, acting for and on behalf of the United States of America, to decrease the maximum obligation of the United States by $20,116 (from $1,242,672 to $1,222,556) to cover the Federal share of the total actual eligible and allowable project costs. Under the terms of the Grant Agreement, this document is incorporated into, and constitutes Letter Amendment No. 1 to the above referenced Grant Agreement. All other terms and conditions of the Grant Agreement remain in full force and effect. Sincerely, Digitally signed by WILLIAM C GARRISON Date: 2020.08.19 17:46:31 -0600' William C. Garrison Acting Manager SEA-600 Seattle ADO