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HomeMy WebLinkAboutR-2014-002 WSDOT Matching Funds Grant Acceptance; Terminal Apron and Alpha Taxiway Rehabilitation Construction Projects RESOLUTION NO. R- 2014 -002 A RESOLUTION authorizing the City Manager to accept a grant from Washington State Department of Transportation (WSDOT) in the amount of $250,000 to be utilized for matching funds with the Terminal Apron Rehabilitation Construction Project and Alpha Taxiway Rehabilitation Construction Project. WHEREAS, the City owns and operates the Yakima Air Terminal in accordance with applicable Federal, State and Local regulations; and WHEREAS, the grant will be utilized to assist matching local funds for Federal Aviation Administration grants received for said projects; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the WSDOT grant offer, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager or his designee is further authorized and directed to accept the grant offer on behalf of the City of Yakima, and to take all steps and execute all documents and contracts necessary to complete the grant transaction. ADOPTED BY THE CITY COUNCIL this 7th day of January, 2014. VAAP Ma or Pro o r: hi ATTEST: =,�AM `�‘ r x� 1 �Qp 2f Son, y, Claar Tee, City Cler = k GCB 1683 A m Washington Sttate �I1 Department of transportation Public Entity and Address Grant Agreement City of Yakima 2406 West Washington Avenue, Suite B Washington Airport Aid Program Yakima, Washington 98903 Airport Name Yakima Air Tertninal/MeAllister Maximum State Grant Obligation $ $250,000.00 THIS AGREEMENT,,made and entered into this 7 day of January` , 2014 , between the STATE OF WASHINGTON, acting by and through the Aviation•Division, Department of Transportation, (hereinafter the "STATE ") and the above named Public- Entity, (hereinafter the "PUBLIC ENTITY ") WHEREAS, the Public Entity has.submitted to the State for Subvention of the Washington Airport Aid Program for (acquisition and /or development) of . Yakima Air Terminal /McAllister Field Airport together with the plans and specifications for such project, which project application has been approved by - the State and is hereby incorporated herein and made a part hereof; WHEREAS, the State has approved•aproject for development of the'airport consisting of the:following described airport development: Project. Number Detailed Breakdown By Items YAK -01 -13 $ 29,185:87 - Terminal Apron Rehabilitation - Construction $220,814.13 - Taxiway Alpha & Connectors = Construction NOW, THEREFORE, pursuant to and for the purpose ofcarrying.out the provisions of the State. Act, and in consideration of the (a) Public Entity's, adoption and ratification ofthe•representationsand assurances'contained in said project application, and itsacceptanceof this offer as hereinafter provided, and (b) the benefits to accrue to the State of Washington and the public from the accomplishment (tithe project and the operation and maintenance of the airportas herein provided, the State hereby agrees to pay as its allowable costs incurred in accomplishing the project. The terms and conditions of this grant-agreement are as follows: The maximum obligation of the State payable under this grant shall be. 250,000. The Public Entity shall: 1 Deposit in an Aviation 'Fund for said airport, at least $ 25000 to match ;the State's participation in said project. 2. Carry out and complete the project in accordance.with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the.approval of.the state. 3. In connection with the acquisition of real property for the project,'the Public Entity shall secure at least tvvo written appraisals by competent, experienced appraisers who are members ofa recognized professional appraisal organization and shall not pay in excess ofthe highest appraisal without the written consent of the . except as otherwise directed by a court of competentjurisdiction after contested trial and judgment notresulting from an agreement between the parties. DOT Form 900 -078 EF Revised 5 /98 Page 1 of 3. GCB 1683 4 No state funds will be paid to the Public Entity in any case until it certifies in writing that,it has Aviation Funds for said airport in an amount equal to the state's participation, or the amount designated'in paragraph (1) above, which deposited amount will be used solely for the purpose in question. 5 The Public Entity agrees to hold said airport open to the flying public during the useful life of the facilities developed under this project; that no exclusive operating or use agreements shall be granted to any person, company, or corporation; that failure to abide by such agreement shall automatically obligate the immediate and full return of all State of Washington money expended in behalf of the project to the State of Washington with reasonable interest. Further, the Public Entity agrees to keep the facility open during the useful life of the project or for a stated term of years, whichever is longer, as determined by the Aviation bivision 6. The Public Entity will make no charge to the State or its agencies for a limited, but reasonable, amount of state agency use or for state activity in search and rescue. And, further, RCW 47.68 is followed to best serve the public. The allowable cost of the project -shall not include any cost determined by the State.to be ineligible for consideration as to allowability. The State reserves the right - to amend or withdraw this offer at any time prior to its.acceptance by the Public Entity. This offer shall expire and the State shall not be obligated to pay any part of the "costs.of the project unless this agreement has been accepted by the Public Entity on such subsequent date as are prescribed in writing by"the State, in the approval letter for each project: Exceptfor thoseprojects receiving both state and federal aid,,the following inspection scheduled,. and reporting system will be required: A. Inspection Schedule and Reporting system will vary for each project. Basically, the inspection schedule will be placed on a quarterly basis. On project,taking less than three (3) months, the Public Entity will be required to make reports and be inspected on the following schedule 1. Public Entity project commencement date 2 Public Entity report project completion date and request final inspection. 3 State will make fnarinspection and sign -off project as completed 4 State will arrange for audit of account in accordance with regularly scheduled audit program. B. Projects taking over three (3) months will be set upon a quarterly inspection and progress report system: The Public Entity will be required to make reports and be inspected on the following schedule 1. Report project commencement date. 2. Public Entity will make a three (3) months progress report. This will be a letter reportgiving percentage of project completed, fund expenditures to date, and short narrative of the project progress, problems encountered and plans for project completion. 3. State will make quarterly project inspections and prepare the report of inspection. A copy of the report will be delivered to the Public Entity. 4. Public Entity will make report of completion of project and request final inspection. 5. State will make final inspection and sign -off as completed. 6. State will arrange for audit of account in accordance with regularly scheduled audit program It should be made clear that.a violation of any of the terms of the Grant Agreement will leave the State free to choose among one or more of the following remedies' A. The withholding of any future airport aid, and /or B The return of grant funds awarded as an action for specific performance, and /or C Enforcement of the commitment made by the applicant. Page 2 of 3 GCB 1683 The Public Entity'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 Public Entity, as hereafter provided, and said offer and acceptance shall comprise allocation agreement, constituting .the obligation and rights of the State and the Public. Entity with respect to the accomplishment of the project and the operation and maintenance of the airport. Such allocation agreement shall become effective upon the Public Entity's acceptance of this offer and shall remain in full force•and'effect throughout the useful life of the facilities developed under the project but in any event not to exceed twenty (20) years from the date of'acceptance. By: J for Tri14-0 A+k(.as fr Director, Aviation Division The City of Yaki a does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the project application and incorporated materials referred to in the foregoing offer and does hereby accept said offer and by such acceptance agrees to.ali of the terms and conditions thereof Executed this - 7' n '' day of January , 2014 . Name of Public Entity' C i of Yakima ,1 . By: �'' ' 1 . • Title: O 1 ' 1 A If ■ CITY CONTRAC r NO: ; 0 144:7/ • RESOLUTION NO: ./ A _ � a� DOT Form 900 -078 EF Page 3 of 3 Revised 5198 9 5� spyS • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. b For Meeting of: 1/7/2014 ITEM TITLE: Resolution authorizing the City Manager to accept a grant offer from Washington Department of Transportation - Aviation Division. SUBMITTED BY: Robert K. Peterson Airport Manager 509- 575 -6149 SUMMARY EXPLANATION: Since opening in 1926, the Yakima Air Terminal - McAllister Field has seen tremendous growth. Expansion efforts have required the airport to add pavement, passenger terminals, vehicle parking facilities and hangar facilities to keep up with the demands of the surrounding community. As the airport continues to grow, the Federal Aviation Administration (FAA) requires the airport to update its infrastructure while maintaining a variety of asphalt surfaces to ensure safe aircraft operations. Recently, the airport received a series of grants from the FAA to fund two infrastructure projects which will enhance the safety of aircraft as they traverse the airport's environment. The first project entails rehabilitation of the airport's terminal apron concrete panels and will repair failed crack sealant to preserve the apron through harsh weathering elements. The second project entails the rehabilitation of the airport's primary parallel taxiway and associated connectors, taxiway lights, signs, and airfield markings. Both projects are scheduled to be completed by September 2014 and will ensure minimal impacts to the local aviation community. Funding: The above improvements are eligible expenses under the Airport Improvement Program (AIP) of which the FAA will contribute up to 90- percent of the funding required to design and construct the projects. The remaining 10- percent will be matched with the airport's Passenger Facility Charge which is collected as passengers depart the Yakima Airport. With the assistance of the WSDOT grant this will allow the airport to retain $250,000 of it's PFC collections to utilize on other AIP projects. Resolution: X Ordinance: Other (Specify): Item Budgeted: Yes Amount: 250,000 Funding Source /Fiscal WSDOT Grant Impact: Strategic Priority: Public Safety Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: - City Manager RECOMMENDATION: Airport staff recommends the City Manager and City Council accept the WSDOT Grant to assist the airport's local matching funds for each project. ATTACHMENTS: Description Upload Date Type ❑ resolution 12/23/2013 Cover Memo ❑ WSDOT Aviation Grant Offer 12/11/2013 Contract ❑ WSDOT Aviation Grant Agreement 12/11/2013 Contract Washington State Aviation Division ( Adi Rik -® Department of Transportation 18204 59th Drive NE, Ste. B Arlington, WA 98223 -8701 Lynn Peterson 360- 651 -6300 / FAX. 360- 651 -6319 Secretary of Transportation Toll Free. 1 - 800 - 552 - 0666 Y 1- 800 - 833 -6338 www wsdot.wa.gov January 22, 2014 Mr. Robert K. Peterson Airport Manager Yakima Air Terminal/McAllister Field 2406 W. Washington Avenue, Suite B Yakima, Washington 98903 Dear Mr. Peterson: Enclosed please find a complete and executed copy of the grant agreement between Washington State Department of Transportation (WSDOT) Aviation and the City of Yakima — Yakima Air Terminal /McAllister Field. This letter shall serve as authorization and notice for you to proceed with your project. The official start date for the grant agreement shall be July 1, 2013. Per Section B - Item 2 of the grant agreement, the Airport is required to submit quarterly progress reports. These reports shall be in written form giving percentage of project completed, fund expenditures to date, and short narrative of the project progress, problems encountered and plans for project completion. WSDOT Aviation allocates grant program funds based on the project budget and schedule provided by the Airport with your Airport Aid Application. As such, it is critical that monthly reimbursement requests be submitted. Should you have any questions regarding the terms of the agreement or how to seek reimbursement for funds expended under your grant, please do not hesitate to contact me at (360) 651 -6303. Sincerely, Eric Johns • Constructi and Grants Program Manager Encl. elj:ELJ C.c. -file Washington State Aviation Division �� Department of Transportation 1820 -A, r E.. R r n...., 701 Lynn Peterson J-i.' 1 ' FAX: , 1 ,1 Secretary of Transpc *' Dn lc II 1 - TT ': 1 -, .`a December 5, 2013 Mr. Robert K. Peterson Airport Manager Yakima Air Terminal /McAllister Field 2406 W. Washington Avenue, Suite B Yakima, Washington 98903 Re: Airport Aid Grant Offer / Yakima Air Terminal/McAllister Field / $250,000.00 Dear Mr. Peterson: Each year Washington State Department of Transportation (WSDOT) Aviation's Airport Aid Program provides crucial financial assistance to many of Washington State's public use airports to address pavement, safety, planning, maintenance, runway safety and security needs. We would like to take this opportunity to congratulate the City of Yakima (herein called the "Sponsor ") on your Airport Aid grant award. WHEREAS, the Sponsor has submitted to WSDOT Aviation an Airport Aid Application (herein called the "Application ") dated June 16, 2013, for a grant of state funds for a project at or associated with Yakima Air Terminal /McAllister Field (herein called the "Airport") which Application, as approved by WSDOT Aviation, is hereby incorporated herein and made a part hereof; and WHEREAS, WSDOT Aviation has approved a project for the Airport (herein called the "Project ") consisting of the following: Terminal Apron Rehabilitation — Construction ($29,185.87) and Taxiway Alpha & Connectors — Construction ($220,814.13), including eligible items as of July 1, 2013. All as more particularly described in the Application. NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of RCW 47.68.090, Aid to municipalities, Indian tribes, persons, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to Washington State and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, WSDOT Aviation, for and on behalf of the State of Washington, hereby offers and agrees to pay, as the state's share of the allowable costs incurred in accomplishing the Project, five (5) percent of all allowable Project costs up to the maximum grant amount of $250,000.00. Mr. Robert K. Peterson City of Yakima Dec. 5, 2013 Page 2 This Offer is made on and subject to the following terms and conditions: 1) The maximum obligation of the State of Washington payable under this Offer shall be Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00). 2) The allowable costs of the project shall not include any costs determined by WSDOT Aviation to be ineligible. 3) Payment of the state's share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. 4) The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the Application. 5) WSDOT Aviation reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6) This offer shall expire and State of Washington shall not be obligated to pay any part of the costs of the Project unless this Offer has been accepted by the Sponsor on or before Friday, Dec. 20, 2013, or such subsequent date as may be prescribed in writing by WSDOT Aviation. 7) The State of Washington shall not be responsible or liable for damage to property or injury which may arise from, or be incident to, compliance with the grant agreement. 8) WSDOT Aviation reserves the right to terminate the agreement at any time because of legal matters detrimental to the state or the local government, insufficient funds held by WSDOT Aviation to complete the Project, or by mutual consent between the City of Vancouver and WSDOT Aviation. WSDOT Aviation will be responsible only for the state's proportionate share of the actual Project costs incurred at the time of any such termination. If you accept this allocation you will be required to supply WSDOT Aviation with periodic copies of billings and costs for this Project. Failure to supply these copies may slow down and possibly jeopardize your reimbursement. WSDOT Aviation must be able to review your records on this Project at any time for future audit purposes. WSDOT Aviation expects the project to be completed by September 1, 2014 as indicated on the Application and schedule. Any modifications to this schedule will need to be submitted to WSDOT Aviation with an explanation and schedule revision. All modifications must be approved by WSDOT Aviation in writing prior to making any changes. The Washington State Legislature has appropriated funding for WSDOT's Airport Aid Program for the 2013 — 2015 biennium ending on June 30, 2015. Any airport's failure to complete a project in a timely manner potentially affects funding of the entire Washington State aviation system. Mr. Robert K. Peterson City of Yakima Dec. 5, 2013 Page 3 The airport must remain open for the expected life of Twenty (20) years, otherwise 100% of the grant funding must be returned within Thirty (30) days of closure, sale or discontinuance of service. The Sponsor's acceptance of this Offer and ratification and adoption of the Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereafter provided, and this Offer and Acceptance shall comprise an agreement with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. If you accept this grant offer, subject to the conditions stated, please complete the following steps: • Have an official authorized by the Sponsor (a) sign the three copies of the enclosed Grant Agreement and (b) sign the original copy of this Offer. • Return all documents to WSDOT Aviation, 18204 59 Drive NE, Suite B, Arlington, WA 98223. The extra copy of this Offer is for your files. We will review, sign and return a copy of the executed Grant Agreement to you. Sincerel Eric Jo n Constru on and Grants Program Manager Encl: Copy of Airport Aid Grant Offer Three Grant Agreements Cc: Governor Jay Inslee Congressman Doc Hastings Senator Jim Honeyford Representative Bruce Chandler Representative David Taylor Federal Aviation Administration, Seattle ADO The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the 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 Application. DATE SIGNATURE