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HomeMy WebLinkAboutR-2023-067 Resolution authorizing acceptance and execution of WSDOT Aviation grant for Taxilane Charlie Extension:t1-1,C4 Janice Deccio, Mayor A RESOLUTION RESOLUTION NO. R-2023-067 authorizing a construction grant application for the Yakima Air Terminal Taxilane Charlie Extension project to the Federal Aviation Administration (FAA) for Capital Improvement Projects at the Yakima Air Terminal -McAllister Field. WHEREAS, the City owns and operates the Yakima Air Terminal -McAllister Field in accordance with applicable Federal, State, and Local regulations; and WHEREAS, the Federal Aviation Administration makes federal grants available to airports to maintain and improve airport facilities; and WHEREAS, the Yakima Air Terminal -McAllister Field has been notified that grant funds may be available to maintain and/or improve the airport upon submission of completed grant applications and satisfaction of certain conditions; and WHEREAS, the Yakima Air Terminal -McAllister Field has recently completed an Airport Master Plan Update, which details a variety of Federal Aviation Administration required capital improvement projects, including construction and extension of the airport's Taxilane Charlie infrastructure. Implementation of approximately 1,900 feet of Taxilane system for future hangar development, pavement markings, relocation of the airport's perimeter fencing, and installation of an airport vehicle gate and pedestrian gate; and WHEREAS, the grant application will request a total of approximately Two Million Four Hundred Sixty Six Thousand Five Hundred Eighty ($2,466,580) dollars in Federal Aviation Administration and Bipartisan Infrastructure Law (BIL) grant funding administered by the Federal Aviation Administration, of which the Federal Aviation Administration will provide up to 90% of the funds needed for capital improvements and the airport will match amount of $123,329 through its Passenger Facility Charge program for said projects from and of approximately $123,328 through WSDOT Aviation. The calculation for the total match is 10% of $2,466,580. FAA grant amount is $2,219,921. WHEREAS, the City Council deems it to be in the best interest of the City and its residents to authorize submission of the grant application to the Federal Aviation Administration for grant funds needed to accomplish the identified capital improvements and, if grant funds are awarded, to accept the funds for the purposes identified in the grant application, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Manager is hereby authorized and directed to submit a completed grant application to the Federal Aviation Administration for the implementation of approximately 1,900 feet of Taxilane system for future hangar development, pavement markings, relocation of the airport's perimeter fencing, and installation of an airport vehicle gate and pedestrian gate at the Yakima Air Terminal -McAllister Field. 2. If grant funds are awarded, the City Manager is further authorized and directed to accept and spend said grant funds to be applied to the purposes specified above. ADOPTED BY THE CITY COUNCIL this 16th day of May, 2023. ATTEST: Sonya \C aar Tee, City Clerk 4111111k V Washington State 711; Department of Transportation Avialion Diviaion "A Steward for Washington's Anation System" 7702 Terminal Street SW Tumwater, Washington 98501-7264 1 Applicant City or Yakima, Washington Applicant's Authorized Representative, Name: Jaime Vera Title: Operations and Maintenance Manager Address: Address 2: City: Yakima Phone: (509) 575-6010 CeII Email; jairne,vera@yakimawa.gov 2406 W. Washington Ave, Suite B 3 Airport: IJ NPIAS 4 No, 2 3 State: WA Zip: 98903 Airport Aid Application Date of Request 2 Project to be Managed by: Company. .141-B Engineers, Inc. NameTimothy D. Ike Address: 999 W, Riverside Ave, Suite 700 Address 2: City: Spokane. Phone: (509) 458-3727 Email: tikc@jub.com State; WA Zip: 99201 Cell: (509) 280-8784 Find your legislative and congressional district at: /iXii „A"44:41.MAkr.: FAA Classification: Small / Non -Hub Non-NPIAS State Classification: Regional Project Name and Description (list in order of priori(y) South Taxilane Extension Construction Totals Total Project Cost 2,466,579.00 2,466,579.00 5 Does the airport have an up-to-date Master Plan or ALP Narrative Report? Does the airport have an approved Airport Layout Plan (ALP)? Was annual requirement to review and update Airport Information System (AIS) data met for the preceeding calendar year? Does the airport sponsor have policies to reduce greenhouse gas emissions? - If yes, submit a copy of the policies. Local Funds 123,329.00 123,329.00 El Yes Yes DYes flNo D Yes El No Submitting copy via: Submit signed acceptance of /7,i)frmriN4(309t,/,.),§,oronces. Submitting signed grant assurances via: Submit adopted resolution; 1) Authorizing submittal of grant application, 2) Stating matching funds are available, and 3) Support of elected officials. 'Does not apply to private airport sponsors Submitting copy via: 6 Signature of Applicant's Authorized Representative *A signed application is not required when the airport's authorized representative submits the completed application (tillable form pdf document) by emelt DOT Form 900-030EF Revised 4/2021 Legislative District: [4th Congressional District: 4th Aviation Division Funds 123,328.00 123,328.00 Federal Funds 2,219,921.0C 2,2[9,921.00 Other Funds (Name Source) 0.00 No Date: 5/18/2021 El No Date: 5/18/2021 Emailing - Electronic Document Emailing - Electronic Document Entailing - Electronic Document CITY CONTRACT140 RESOLUTION NO On State Mien Aviation Division "A Stewart to Washington's Aviation System" Complete a separate Project Data Sheet for each project listed from the Airport Aid Application (Form 900-030EF) City of Yakima, Washington 1 Project Category (Select One Only): ()Pavement ()Safety °Planning 0 Security 0 Runway Safety C) Equipment ()Maintenance °Property 0 Other Rehabilitation 1111 Runway ElMaintenance El Taxiway nReconstruction 1111 Apron ElNew Construction Taxilane Helipad Other - Project No. 1 - South Taxilane Extension Construction 111 ort roject Iication ata heet 2 Detailed Project Description / Approach to Accomplishing Project: The South Taxilane Extension project includes clearing and grubbing, unclassified excavation, placing base course, HMA P-401 paving, conduit installation, pavement markings, etc. This project will be constructed in 2023 in order to provide areas for future hangar development. 3 Project Justification: This project is required in order to create areas on the airfield capable of supporting hangar development. The Airport flight line is currently developed to the point where there are no areas available for new hangar development. This project will be the first step to increase revenue at the airport through ground lease. 4 Cost Estimate Details: Source of Project Cost Estimate - Engineer's Estimate Admin $5415 Construction $2,167,574 Construction Administration $293,590 5 Project Schedule: Expected Start of Project: 6/19/2023 Expected Completion of Project, 9/22/2023 Start of Work Covered by Grant: 6/19/2023 Completion of Work Covered by Grant, 3/29/2024 Submit a detailestprotect schedule (to include projectmilestones). Submitting project schedule via: Emaiiin2 - Electronic Document 6 Other Supporting project documentation (Required): Submit a spending plan identifying anticipated grant expenditures by month, Submitting via: Emailing - Electronic Document Submit job creation data using the Aylation EcononlicliMact Submitting via: Emailin - Electronic Document 7 Other Supporting project documentation (As Applicable): Submit documentation supporting your consultant selection process. Submitting via. Emailjng - Electronic Document Submit a copy of your consultant's Scope of Work. Submitting via: Enviiiiing - Electronic Document Have project plans and specifications been prepared? Ekes ON° Has a property appraisal been completed for property acquisition? IYes ONo FAA AIP Project Number: 3-53-0089-055/56-2023 FAA Grant Contract Number: Other supporting documentation? DOT Form 900-030A EF Revised 412021 SCIP Priority Score (WSDOT Use Only) 1 innatoilStM atlon iMion Divigon "a; Stewart:a lor Was 's Aviation Syntorn" Complete a separate Supplemental Justification for each project listed from the Airport Aid Application (Form 900-030EF) Iication le ental Justification City of Yakima, Washington - - Project No. I - South Taxilane Extension Construction VVill the project correct an identified airport safety hazard, deficiency, or non-standard design item? a Yes No If Yes, specify the correction(s). This project will correct the lack of space available for future hangar development, he airport needs to invest in projects like this in owlet to continue to grow and increase airport revenue 2. Does the project serve a vital community need? If Yes, specify the need(s). gg Yes INo This project is a part of a larger overall program to improve the airport and provide positive growths to the region surrounding the Yakima Air Terminal - McAllister Field. With increased GA hangar development, more people from the community will be drawn to the airport for both business and personal use. 3. Does the project promote economic development and financial sustainability for the airport? If Yes, please elaborate. Yes, without these improvements, all future hangar development projects would he halted, Improving airport revenue is key to sustainahility of the airport, this project will help increase airport revenue,. Project Readiness: a. Has required environmental documentation (e.g. NEPA/SEPA) been approved? b. Is project ready to proceed immediately? Yes II No EYes EINo pYes ONo LAND USE COMPATIBILITY 1. Does the local land use jurisdiction recognize the airport as an Essential Public Facility in its comprehensive plan? If Yes, provide reference to the specific location(s) in the plan. City of Yakima Comprehensive Plan 2040, Update in 2018. Section 2,12 Siting Essential Public Facilities, 2. Does the comprehensive plan include the airport in the Transportation System Inventory? If Yes, provide reference to the specific location(s) in the plan. City of Yakima Comprehensive Plan 2040, Update in 2018,, Section 6 Transportation 3. Does the comprehensive plan include policies that discourages the development of incompatible land uses adjacent to the airport? If Yes, provide reference to the specific location(s) in the plan. City of Yakima Comprehensive Plan 2040, Update in 2018. Section 2 14 4. Are regulations in place that prohibit penetration of FAR Part 77 surfaces? If Yes, provide reference to the specific regulation(s). City of Yakima Comprehensive Plan 2040, Update in 2018. Section 2 14 5. Is zoning in place that discourages the development of incompatible land uses adjacent to the airport? If Yes, provide reference to the specific code(s). City of Yakima Comprehensive Plan 2040, Update in 2018. Section 2.14 6. Is zoning in place to regulate height hazards? If Yes, provide reference to the specific code(s). City of Yakima Comprehensive Plan 2040, Update in 2018 Section 2 14 7, Does the land use authority require aviation activity notices (e.g. title notice, notice on the plat)? DOT Form 900-0308 FF Revised 4/2021 17Yes ENo 1:Yes ONo ElYes ENo Yes ElYes EiNo EYes DNo Fn Yes No State of Tr Aviation Division 4 ,srawatei for Williingfon's Avlabon System" Iication le ental Justification Complete a separate Supplemental Justification for each project listed from the Airport Aid Application (Form 900-030EF) City of Yakima, Washington - - Project No.2 1. Will the project correct an identified airport safety hazard, deficiency, or non-standard design item? )MI Yes II No If Yes, specifiy the correction(s). The Taxilane Charlie Extension project will open 13 acres of land for future General Aviation hangar development. 2, Does the project serve a vital community need? If Yes, specify the need(s). Yes Hangar development is essential for the region and the Yakima Air Terminal -McAllister Field. Understanding that Washington State has a hangar shortage, this project will open 1.3 acres of property for hangar development in the region. . Does the project promote economic development arid financial sustainability for the airport? If Yes Yes, please elaborate, The Taxilane Charlie Project will provide the airport the ability to attract more General Aviation businesses io develop hangars on airport property and provide financial sustainability for the airport. This project wall provide Future growth for the airport and the City of Yakima. N . Project Readiness: a. Has required environmental documentation (e.g. NEPA/SEPA) been approved? In Yes 1111No b. Is project ready to proceed immediately? MI Yes NI No DOT Form 000-030B EF Revised 4/2021 The following Airport Aid Program Grant Assurances are in of the sponsor's application for (Linding under the Airport, Signature ofApplicant's Authorized Representative, � Title ofRepresentative: - Dote: ections 468-260-010 General. 468'2Duration and applicability, Sponsor certification. 468-260-010 eneral. Porated herewith d form Last Update: 3114113 (1)Airport sponsors shall comply with these assurances pursuant toand for the purpose oycarrying out the provisions of the state of Washington airport aid program grant agreements, (2) Airport sponsors will submit these assurances as part of the project application requesting funds under the provisions ofRCvV97.68J090. Aoused herein, the term "public agency sponsor" means any municipality or municipalities acting jointly prany Indian tribe recognized bythe federal government orsuch tribes acting jointly |nthe planning, acquisition, construction, improvement, maintenance, oroperation mfanairport, owned orcontrolled, prm be owned or controlled by such municipality or municipalities or Indian tribe or tribes, to be held available for the general use ofthe public; the term "private sponsor" means any person or persons acting jointly in the planning, acquisition, construction, improvement, maintenance, or operation of an airport, owned or controlled, or to be owned or controlled by such person or persons, to be held available for the general use of the pubxv�and the term ^opononr' includes both public agency sponsors and private sponsors. (3)Upon aopnnsor'sacceptance nfngrant offer bythe department, these assurances are incorporated inand become part of the grant agreement - (Statutory Authority: RCVV 4168 a9O13-07-037.O468-e 0a10,mm3//4113.nffectivo4/14o3| 468-260_020 I uration and applicability. (1) Washington airport aid program projects undertaken by a sponsor. The terms, conditions, and assurances of this grant agreement shall remain |nfull force and effect throughout the useful life of the facilities dovempouur equipment acquired for anairport project, not 0nexceed twenty years from the date nracceptance ufagrant offer vf state funds for the project However, there shall uonnlimit nnthe 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 state funds (u)Airnnrt planning undertaken by a sponsor. Unless otherwise specified in this grant agreement, only 8souranceoC: 1.2.3.4.O.7.o.13.20.33.34.and 3napply mplanning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project, [Statutory A"momv nowi/��o92. 13-07*37,V468-260u20, filed m1wm.effective 4n4na] 468-260-030 Sponsor certification. The sponsor certifies, with respect mthis grant that: (1) General state requirements. |twill comply with all applicable Washington state laws, regulations, executive orders, policies, guidelines, and requirements aothey relate tothe application, acceptance and use ofstate funds for this project including, but not limited to, the following: (a)State legislation: Chapter o.uOKCVV(Relocation assistance - Real property acquisition policy) Chapter 27.n^RCvv(State historical societies - Historic preservation) Chapter z7.44RCvv(Indian graves and records) Chapter 27,48RCvV (Preservation of historical materials) RCW 620 (Hindering or bribing voter) Chapter 36.70A RCW (Growth management -- Planning by selected counties and cities) Title 37RCVV(Federal areas -Indians) Chapter 39,12RCVV(Prevailing wages onpublic works) RCW 14-1,29,20-0 (Prevailing wages) -wcxv bpnenan-CompnUingaUenUanoe) RCW ;iT68.3110 (Enforcement of aeronautics laws) Title 49 RCW (Labor regulations) Title 64 RCW (Real property and conveyances) - Chapter -' — (Washington Clean _ - _' - Title 86RCVV(Flood control) Title 81mCvv(Waterways) Title 1%vvaC<Tranopuratioo.department nf(aeronautics ovmm|ooion)> Title 18vVAC (Air pollution) Title 25VVAC(Archaeology and historic preservation, department of) mmC (dispnoiuonm.metropolitan municipal corporations) Title flo/vvAc(omgabuse prevention office) Title 1S7vVAC<Eoo|ogy.department nf(environmental policy, council vn)> Title 190VV8C(Environmental and land use hearings office) Title 199 WAC (Environmental hearings office (environmental and land use hearings board)) Title 254YVAC(Historic preservation, advisory council on) Title 328VVAC(Minority and women'obusiness enterprises, office of) Chapter 330-01 WAC (Procedures for corridor and design public hearings under RCW 35 58,273) Chapter acquisition) 11,1111_,1___11_____1_ (Compliance with other laws and regulations) Title x5/vv*c(Financial management, office of -State human resources director) �Title 500vVAC(Eou|oQy.department ny(water resnurceo)) (b)Executive orders: Governor's Executive Order 9u'O1 (Establishing Governor's Policy nnaDrug-Free Work Place) Governor's Executive Order os-04.Implementing the Americans with Disabilities Act and superseding Executive ordorns'os Governor's Executive Order 05-05 (Archaeological and Cultural Resources) Governors Executive Order 11 -01, superseding Executive OrderOS'O4. Amending Washington Council on Aerospace (2)Gene,al legal requirements. It will comply with all applicable laws and ordinances, orders, guidelines, policies, directives, rules and regulations of municipal, county, and federal governmental authorities or regulatory agencies- (3) Responsibility and authority of the sponsor. (a)Public agency sponsor: uhas legal authority toapply for this grant, and mfinance 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 vf 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: |thas legal authority toapply for this grant and mfinance 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; mact |n connection with this application; and to provide such additional information asmay herequired, (4) Sponsor fund availability. |thas sufficient funds available for the portion of the project which isnot paid by the state ofWashington, Ithas ooffidontfunds available massure operation and maintenance nfitems funded under this grant agreement which it will own or control. (5)Good title. Uholds good title, satisfactory mthe department, mthe areas ofthe airport orsite thereof necessary for aircraft takeoff and landing auwell mothose necessary for the movement ofaircraft toand from the landing and takeoff areas, or gives assurances satisfactory to the department that good title will be acquired prior to accepting grant funds. (6)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 department, 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 department (b) It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property associated with this application or that portion of the property upon which state funds have been expended. for the duration nfthe terms, conditions, and assurances inthis grant agreement without approval bythe department. If the transferee is found by the department to be eligible 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 ordocument transferring ordisposing nf the opnnaor'ointerest. and make binding upon the transferee all o, the terms, conumvns, and assurances contained inthis grant agreement, (c) If the sponsor is a private sponsor, it will, to the department's satisfaction, ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. (d) If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor monemployee ofthe sponsor. the sponsor will, tothe department's satisfaction, reserve and document in arrangements with said party sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the regulations and the terms, conditions, and assurances in this grant agreement and shall ensure that such arrangement also requires compliance therewith, (e) Sponsors of commercial service airports will not permit or enter into any arrangement that allows onowner o, tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location unairport ' (0Sponsors ofgeneral aviation airports entering into any arrangement that allows mnowner ofresidential real property adjacent onornear the airport must comply with the requirements set forth inSection 1o8vfPublic Law 11z' yn (7)Consistency with local plans. Certify. mthe department's satisfaction, that the project is consistent with plans (existing at the time n/submission of this application) ofpublic agencies that are authorized mplan for the development ofthe area surrounding the airport, (o)Consideration nflocal interest. Certify, mthe department's satisfaction, that itconsidered the interest or communities in or near where the project is located, (n)Consultation with users. Certify to the department's satisfaction that when itmade adecision toundertake any project, that it consulted with affected parties using the airport (10) Public hearings. In projects involving the location of an airport, an airport runwvy, memajor runway extension, it held 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 department, submit a copy of the transcript of such hearings to the department, Further. for such projects, its management board contain(s/ed) either voting representation from the communities where the project is located or it advised communities that they have the right to petition the department concerning aproposed project. (11)Air and water quality standards. |nprojects involving airport location, amajor runway extension, urrunway location, dwill provide the department appropriate written certification that the project will bolocated, designed, constructed, and operated so as to comply with applicable federal, state, and local air and water quality standards, In any case where such standards have not been approved and where applicable air and water qualityd rdvhawc been promulgated by the administrator of the Environmental Protection Agency, or the secretary of the Department of Ecology, certification shall be obtained Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received bxthe department (12) Pavement preventive maintenance. With respect to a project for the replacement or reconstruction of airport pavement, it assures or certifies to the department's satisfaction 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 orrepaired with state financial assistance mtthe airport. |twill provide such reports on pavement condition and pavement management programs as the department determines may be useful, (13)Accounting system, audit, and ,ecmr xmapngmqvi,enmms. (a)Kshall keep all project accounts and records which fully disclose the amount and disposition ofthe proceeds ur this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature uythat portion nf the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall hekept inaccordance with RCYV43y0- and the Washington state budgetary, accounting, and reporting system (BARS) manuals and financial reporting packages- (b)KshaUmakeamilablemdhe department and the Washington state auditor's office,many of their duly authorized representatives, for the purpose ofaudit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant, The department may require that onappropriate audit ueconducted by recipient In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition ofthe proceeds nfagrant o'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 department not later than six months following the close of the fiscal year for which the audit was made, (14) Wage rates. It shall include in all contracts in excess of two thousand five hundred dollars, or as outlined in WAC 2 (5- 27-0 , for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages under the Washington State Prevailing Wages on Public Works Act, chapter 39.12 RCW, 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. This shall be documented by a statement of intent to pay prevailing wages and an affidavit of wages paid (15) Nondiscrimination requirements. It shall prohibit discrimination in all phases of contracted employment, contracting activities and training pursuant mTitle Nof the Civil Rights Act of1QO4.Section 5o4orthe Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Justice System Improvement Act of 1979, the Americans with Disabilities Act of199O.the Civil Rights Restoration Act of1yn7.4eo.p.P.Part 21 chapter 49.6oRcvVand other related laws and statutes (16) Equal employment opportunity (EEO) responsibilities, It shall comply with regulations relative to nondiscrimination in state -assisted programs of the department, which are herein incorporated by reference and made apart ofthis project With regard tothe work performed during the project, itshall not discriminate nnthe grounds of race, color, gender, creed, national origin. age, sexual orientation, gender identity, marital status, disability or veteran status in the selection and retention of contractors, consultants and service providers, including procurement o«materials and leases nfequipment (1r)Veteran's preference. bshall include inall contracts for work onany project funded under this grant agreement which involve labor, such provisions as are necessary to ensure that, in the employment of labor (except in nw,oudva, ogministnanvn, and supervisory positiuos), preference shall be given to honorably discharged military personnel who are veterans of any war of the United States, or of any military campaign for which a campaign ribbon shall have been awarded, and their widows or widowers, shall be preferred for appointment and employment, Age, loss of limb, or other physical impairment, which does not in fact incapacitate, shall not be deemed to disqualify thom, provided they the capacity necessarytndischarge the duties ofthe position involved uedefined |nRCvV However, this preference shall apply only where the individuals are available and qualified to perform the work mwhich the employment relates. (m)Conformity unplans and specifications. xwill execute the project subject toplans, specifications, and schedules approved by the department, Such plans, specifications, and schedules shall be submitted to the department prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval nf the department, shall beincorporated into this grant agreement, Any modification to the approved plans, specifications. and schedules shall also be subject to approval of the department, and incorporated into this grant agreement (19) Construction inspection and approval. It will provide and maintain competent technical supervision atthe construction site throughout the project toassure that the work conforms mthe plans, specifications, and schedules approved by the department for the project, It shall subject the construction work on any project contained in an approved project application minspection and approval bythe department and such work shall be inaccordance with regulations and procedures prescribed bythe department. Such regulations and procedures shall require such cost and progress reporting Uythe sponsor nrsponsors o,such project aothe department shall deem necessary, (20) Planning projects. In carrying out planning projects: (m)*will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved by the department, (b) It will furnish the department with reports pertaining to the planning project and planning work activities, as designated by the department (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 state of Washington (d)nwill make all material prepared inconnection with this grant available for examination uvthe public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States nrany other country (e) Itwill give the department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant (f)kwill grant the department the right mdisapprove the spwnuor'sselection ofspecific consultants and their subcontractors to do all or any part of projects funded by this grant as well as the right to disapprove the proposed scope and cost ofprofessional services (g)bwill grant the department the right to disapprove the use of the sponsor's employees to do all or any part of the project, (h)»understands and agrees that the department's approval n[this project grant u,the department's approval vf any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the department to approve any pending or future application for an airport aid grant, (21) Operation and maintenance, The airport and all facilities which are necessary to serve the aeronautical users of the airport, other then facilities owned or controlled by the United States or the state of Washington, shall be operated atall times inasafe and serviceable condition and inaccordance with the minimum standards aamay be required or prescribed by applicable federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions Any proposal totemporarily close the airport for nonemmnauUoa|purposes must first bmapproved bvthe department. In furtherance of this assurance, the sponsor will have in effect arrangements for, (a)Operating the airport's aeronautical facilities whenever mqu|ed� (b) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (c) Promptly notifying airmen of any condition affecting aeronautical use of the airport, Nothing contained herein shall beconstrued torequire that the airport u=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 (22)Hazard removal and mitigation. nassures that such terminal airspace under the appropriate category ur Federal Air Regulation Part 77.14Cf.R,r7.aoisrequired toprotect instrument and visual operations mthe 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. Where hazards are on land owned by others, the sponsor will make every effort to coordinate with owners tomitigate airport hazards, (23) Compatible land use. It shall, either by the acquisition and retention of property interest,infee oreasement, nroyseeking enforcement orlocal zoning action, prevent the construction ofany object which may constitute un incompatible land use such as residential encroachment, wildlife attractants, uses that emit smoke, steam, glare, or electromagnetic interference, and height hazards. Sponsor will take proactive measures to discourage incompatible land uses adjacent tpthe airport. toinclude a formal consultation with local jurisdictions onland use issues, and support and/or recommend land use regulations consistent with WSDOT best management practices found in WSDOT's Airports and Compatible Land Use Guidebook- (24)Economic nondiscrimination. (e)Kwill make the airport available aeonairport for public use and without discrimination toall types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the o/novrt, (b)|nany agreement, contract, lease, prother arrangement under which aright orprivilege at the airport is granted uoany person, firm, vrcorporation to conduct ortnengage |nany aeronautical activity for furnishing services to the public at the aiqpvrt, the sponsor will insert and enforce provisions requiring the contractor (i) Furnish said services on a reasonable, nondiscriminatory, basis to all users thereof, and (ii) Charge reasonable, and nondiscriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. (c)Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities- (d)Each air carrier using such airport shall have the right mservice itself ormuse any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport (e)Each air carrier using such airport (whether uootenant, nontenant,nrsubtenant ofanother air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable mleo, regu|oUons, conditiono, nates, fevn, 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 astenants ornontenuntsand signatory carriers and nonaignaturycarriers Classification or status as tenant or signatory shall not be unreasonably withheld provided an air carrier assumes obligations substantially similar to those already imposed onair carriers insuch classification orstatus (f) It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not |hnkeU to, maintenance, repair, and fueling) that it may choose to perform. In the event the sponsor itself exercises any of the rights and privileges referred tomthis assurance, the services involved will bnprovided nnthe same conditions axwould apply to the furnishing nfsuch services kycommercial aeronautical service providers authorized bythe sponsor under these provisions (g) The sponsor may establish such reasonable, and nondiscriminatory, conditions to be met by all users of the airport oemay uenecessary for the safe and effioien operation ovthe airport The sponsor may prohibit oxlimit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation ofthe airport ornecessary mserve the civil aviation needs o,the public (25) Exclusive rights. It will not grant exclusive right for the use of the airport to any person(s) providing, or intending toprovide. aeronautical services mthe public. For purposes ufthis subsection, the providing ofthe services otanairport bvosingle fixed -based operator shall not be construed as an exclusive right if the following apply: (a) It would be unreasonably costly, burdensome. or impractical for more than one fixed -based operator to provide such services; (b) If allowing more than one fixed -based operator to provide such services would require the reduction ofspace leased pursuant toanexisting agreement between such single fixed -based operator and such airport It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities including. but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity existing at such an airport before the grant of any assistance under RCVV47!5�,qgOand (c)*has received approval from the depmrtment- (26)Rmandrenta(strucmre.KoW|naimoinocompetitive*eeand 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 factors such authe volume nftraffic and economy ofcollection, Nv part ofthe state share of an airport development or airport planning project for which a grant is made under RCW 41711681--090 shall be included in the rate basis in establishing fees. rates, and charges for users of that airport (27) Airport revenues. All revenues generated by the airport and any local taxes established after December 30, 1987, on aviation fuel, 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 mthis subsection: (o)Kcovenants nrassurances indebt obligations issued before September 3.1882Uythe owner moperator of the airport, urprovisions enacted before September 3. 1982.ingoverning statutes controlling the owner vroperator'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 ail revenues generated by the airport (and, in the case of a public airport, local taxes onaviation fuel) shall not apply (b)|f the department approves the sale ofaprivately owned airport toopublic 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 bythe private owner of an amount equal to the remaining unamortized portion (amortized over a twenty-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 unamount equal to the federal share nrthe current fair market value oYany land acquired with anairport improvement grant made mthat airport nnorafter October 1.1yss (c)When requested »ythe department, the sponsor will obtain anaudit that will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes, and indicate whether funds paid or transferred to the owner or operator were paid or transferred in a manner consistent with state law and any other applicable provision of law, including any regulation promulgated by the secretary Any civil penalties "rother sanctions will Ueimposed for violation of this assurance inaccordance with state law, (28) Reports and inspections. nwill: (a) Submit to the department such annual or special financial and operations reports as the department may request and make such reports available to the public; make available to the public at reasonable times and places a report vrthe airport budget inoformat prescribed bythe department; for airport development projects, make the airport and all airport records and documents affecting the airport, including deodn, leaoeo, operation and use agreements, regulations and other instruments, available for inspection uyany duly authorized agent vfthe department upon request; (b)Inaformat and time prescribed bythe department, provide to the department and make available mthe public following each of its fiscal years, an annual report listing in detail: (i)All amounts paid bythe airport ooany other unit ofgovernment and the purposes for which each such payment was madn�and (ii)All services and property provided uythe airport to other units ofgovernment and the amount of compensation received for provision of each such service and property (29) Use bygovernment aircraft. Itwill not charge the state n,its agencies (except for those under cnntract).for limited but reasonable, non"oudnn.search and rescue, law enforcement o,public safety use of publiclanding and aircraft parking facilities The sponsor may require written verification of an entity's official government business status. and notification prior touse uffacilities, (3O) Land for state facilities. bwill furnish without cost mthe state ofWashington for use |nconnection with any air traffic control or air navigation aoOv8ies, or weather reporting and communication activities related on air traffic control, any areas ufland o,water, orestate therein, nrfor these same purposes, rights inbuildings nfthe sponsor an the department considers necessary for construction, operatinn, and maintenance at state expense of space or facilities. Such areas orany portion thereof will Uamade available asprovided herein within four months after receipt orawritten request from the department, (31)Airpwrt layout plan. (u)Uwill provide airport layout plans (ALPs)oxprescribed invvSoOT'sAviation Grant Procedures Manual- |twill keep up-to-date at all times an airport layout plan of the airport showing: (i) Boundaries of the airport and all proposed additions thereto, together with the boundaries ofall off -site areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (ii)The location and nature nfall existing and proposed airport facilities and structures (such asrunways, taxiways, opmna. 0enn|na| bw|ldingo, hon0ars, and maUo), including all proposed extensions and reductions of existing airport facilities; (iii) The location of all existing and proposed nonaviation areas and of all existing improvements thereon; and (i0All proposed and existing access points used totaxi 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 department which approval shall be evidenced by the signature of a duly authorized representative of the department on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations to the airport or any ofits facilities which are not |nconformity with the airport layout plan noapproved b9the department and which might, inthe opinion ofthe department, adversely affect the safety, utility, nrefficiency ufthe airport (b)|fachange malteration in the airport mthe facilities is made which the department determines adversely affects the safety, utility, or efficiency of any state-owned, leased, or funded property on or off the airport and which is not |nconformity with the airport layout plan as approved by the department, the owner or operator will, if requested, bythe department, (i}Eliminate such adverse effect |namanner approved bythe Uopmrtmontor (ii) Bear all costs of relocating such property (or replacement thereof) to a site acceptable tothe department and operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement ofonexisting airport facility due to a change in the department's design standards beyond the control of the airport sponsor, (32) Disposal of land, (a)For land purchased under ogrant for airport development purposes, hwill, when the land isnolonger needed for airport purposes. dispose ofsuch land at fair market value ormake available mthe department anamount equal mthe states' proportionate share ofthe fair market value ofthe land. The portion ofthe proceeds proportionate mthe states' share of the cost of acquisition of such land will, upon application to the department, be reinvested or transferred to another eligible airport as prescribed by the department. The department shall give preference to the following, |ndescending order: (i)Payment mthe state ufWashington for deposit inthe aeronautics account; or (o) Reinvestment in on approved project that is eligible for grant funding under RCYY471�§,D8O, (b) Land shall be considered to be needed for airport purposes under this assurance if- (i)|tmoy»onooUodforaemneudua|puqonuea(ino|udingmnmmypmtectinnzoneu)orovneovno|veuunar|anu� and (ii) The revenue from interim uses of such land contributes mthe financial self-sufficiency of the airport. (c)Disposition ofmucmland will Unsubject mthe retention orreservation ofany interest or right therein necessary to ensure that such land will only Ueused for purposes which are compatible with noise levels associated with operation ofthe airport. (33)Engineering and design services. Itwill award each contract, orsubcontract 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 WSDOT Consultant Services Manual M-27- 5a02oranequ|va|ontquo|ifioatinno'uonodrequimmentpneocriboUmrorbytheoponnoroftheo|mort, (34) Foreign market restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product nrservice qfaforeign country during the period inwhich such foreign country islisted bythe United States trade representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction, Sponsors are encouraged to "Buy American" whenever feasible and appropriate, (35)Pdiciem standards, and specifications. hwill carry out the project inaccordance with policies, otanderds, and specifications approved uythe department and imvuuog inthis grant, and in accordance with applicable state policies, standards, and specifications. (36)Relocation and real property acquisition. uwill oeguided inacquiring real property, mthe greatest extent practicable under state law, bythe land acquisition policies inRCVVo�16 1810 (37) Disadvantaged business enterprises. The recipient shall not discriminate onthe basis mrace, color, national origin. or sex in the award and performance of any department -assisted contract or in the administration of its DBE program orthe requirements uf Governor's Executive Order 12'O2 (38)Hangar construction. |f the airport owner oroperator and aperson who owns anaircraft agree that ahangar iouzbeconstructed a*the airport for the aircraft at the aircraft owner's expense, the airport owner oroperator 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 For the purpose of this section, a long-term lease is defined as not to exceed fifty years - (Statutory AumontyncW 4.7/q3 0901 13-07-037.§468-260-030, filed 3/1w1n,effective w1wm| BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.H. For Meeting of: May 16, 2023 ITEM TITLE: Resolution authorizing acceptance and execution of WSDOT Aviation grant for Taxilane Charlie Extension SUBMITTED BY: Jaime Vera, Airport Operations Manager SUMMARY EXPLANATION: The Yakima Air Terminal -McAllister Field has recently completed an Airport Master Plan Update, which details a variety of Federal Aviation Administration required capital improvement projects, including construction and extension of the airport's Taxilane Charlie infrastructure. Implementation of approximately 1,900 feet of Taxilane system for future hangar development, pavement markings, relocation of the airport's perimeter fencing, and installation of an airport vehicle gate and pedestrian gate. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date 0 resolution 5/11/2023 grant application 5/12/2023 Type Coker Memo Cover Memo