HomeMy WebLinkAboutMINUTES - 08152000 - C17-C19 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 15, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, CANCIAMILLA AND GERB8R'
NOES: NONE
ABSENT: SUPERVISOR DESAULNIER
ABSTAIN: NONE
RESOLUTION NO. 2000/390
SUBJECT: Approval of a substitute Subdivision Agreement, Subdivision MS 32-90, Walnut Creek area.
The following document was presented for Board approval this date:
A substitute Subdivision Agreement with Reliez Valley Builders,Inc., subdivider,whereby said subdivider
agrees to complete all improvements as required in said Subdivision Agreement within one year from the date of
said agreement,
Said document was accompanied by the following:
Security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance
Code, as follows:
a. Cash deposit(Auditor's Deposit Permit No. 353845,dated July 27,2000,in the amount of$1,000.00,
made by Reliez Valley Builders, Inc.
b. Additional security in the form of a corporate surety bond dated July 13, 2000, and issued b
Insurance Company of the West(Bond No. 1719360)with Reliez Valley Builders,Inc.,as principal,
in the amount of$25,100.00 for faithful performance and $13,050.00 for labor and materials.
All deposit permits are on file with the Public Works Department.
NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement is .APPROVED.
BE IT FURTHER RESOLVED that the Subdivision Agreement with Theodore Diaz and Liane Diaz, as
approved by the Board on April 8, 1997, is TERMINATED, the improvement security bond with American
Contractors Indemnity Co. is EXONERATED and the Public Works Director is AUTHORIZED to refund the cash
deposit(Auditor's Deposit Permit No. 216047, dated November 6, 1992)in the amount of$1,000.00,plus interest
in accordance with Government Code Section 53079, if appropriate, to Theodore Jr. Diaz.
I hereby certify that this is a true and correct copy of an action taken and entered on
JC:kw the minutes of the Board of Supervisors on the date shown.
G:\GrpData\EngSvc\BO\2000\BO 8-15-00.doc
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348)
cc: Public works Accounting ATTESTED: AUGUST 15, 2000
-Construction PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator
Reliez Valley Builders,Inc.
1770 Ivanhoe Ave.,Lafayette,CA 94549
Reliez Valley Builders,Inc.
21-A Tiana Terrace,Lafayette,CA 94549 By Deputy
Insurance Company of the West
1575 Treat Blvd.,Ste 200,Walnut Creek,CA 94596
American Contractors Indemnity Co.
9841 Airport Blvd.,Ste 1414,Los Angeles,CA 90045
BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DA'Z'E: AUGUST 15, 2000
SUBJECT: BYRON AIRPORT-APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION AND
CALTRANS FOR A FEDERAL GRANT FOR A MASTER PLAN (INCLUDING
ENVIRONMENTAL ANALYSIS) AND BUSINESS PLAN
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVAL and AUTHORIZE the Public Works Director, or his designee, to submit an Application for
a Federal Grant through the Federal Aviation Administration (FAA) from the Airport Improvement
Program. The Grant will be in the amount of$315,000 to conduct an Airport Master Plan and Business
Pian.
APPROVAL and AUTHORIZE the Public Works Director, or his designee, to submit an Application for
a State of California Grant through CALTRANS from the Airport Improvement Program. The Grant will
be in the amount of$15,750 to conduct an Airport Master Plan and Business Plan.
Continued on Attachment: X SIGNATU
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER_
AUGUST 15, 2000
VOTE OF SUPERVISORS
_ UNANIMOUS(ABSENT�IV ) I hereby certify that this is a true and correct copy of an
AYES: NOES: action taken and entered on the minutes of the Board
ABSENT: ABSTAIN: of Supervisors on the date shown.
ATTESTED: AUGUST 15, 2000
KF:kd
C:B0/B015b.t&doc PHIL BATCHELOR, Clerk of the Board of Supervisors
Orig.Div: Public Works(Airport)
Contact: (David Mendez 646-5722) and County Administrator
CC: County Administrator
Public Works Director
Public Works Accounting
Au ditor/Controlier
Aviation Advisory Committee By Deputy
Federal Aviation Administration
CALTRANS
uw1EXT: BYRON AIRPORT-APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION AND
CALTRANS FOR A FEDERAL GRANT FOR A MASTER PLAN (INCLUDING
ENVIRONMENTAL ANALYSIS) AND BUSINESS PLAN
DATE: AUGUST 15, 2000
PAGE 2
II. Financial impact:
The total cost of the Airport Master Plan and Business Plan is $350,000. Ninety percent(9010)or$315,000
from the FAA, four and one-half percent(4.5%) from the State of California in the amount of$15,750, and
five and one-half percent(5.5%) local share of$19,250 will be funded from the Airport Enterprise Fund.
III. Reasons for Recommendations and Background:
The last Airport Master Plan was completed in 1986. The Airport has experienced signification growth and
development over the last several years. It is essential for the Airport to conduct an Airport Master Plan and
first time Business Plan.
These projects have been discussed and reviewed with the FAA and they concur with our proposal.
IV. Consequences of Negative Action:
The Airport would not receive Grants from the FAA(90%) and CALTRANS (4.5%)Airport Improvement
Project funds, which would result in the Airport Enterprise Fund funding the entire costs of the Master Plan
and Business Plan totaling$350,000.
U.S. Department San Francisco Airports District Office
of Transportation 831 Mitten Road,Room 210
Federal Aviation Burlingame,California 940104303
Administration
August 27, 2001
ry
CERTIFIED-RECEIPT RETURN
Mr. Maurice Shiu Lis - M
Public Works Director W
co M
Contra Costa County {S
550 Sally Ride Drive > 4>0
Concord, California 94520 Z
Dear Mr. Shiu:
Airport: Byronroject No. 3-06-0008-10; Contract No. DTFA08-01-
C--31141; Grant Offer
Enclosed are the original and three copies of the approved Grant Offer for
the above project.
Acceptance of the Grant Offer will obligate the Sponsor to accomplish the
described development. The United States commits itself to participate in
the allowable cost of the project not to exceed the amount shown on Page 2 of
the Grant Offer. The Offer must be accepted on or before September 30, 2801,
as specified in Condition 6, Page 2 of the Brant Offer.
Basic considerations are that members of the Sponsor's governing body know
the full content of the Grant Offer and that the method of acceptance
conforms to local law.
The official of the Sponsor authorized to accept the enclosed Grant Offer
shall accept same by signing said offer and inserting the date in the space
provided under Part II - Acceptance. The Sponsor's attorney shall certify
that the acceptance complies with all applicable laws and constitutes a legal
and binding obligation of the Sponsor by executing the "CERTIFICATE OF
SPONSOR'S ATTORNEY". The date of said certificate shall be the same as, or
.later than the date of execution.
When the document is fully executed, certified, attested and appropriate
seals are impressed, please return the stamped ORIGINAL and two dies of the
executed Grant Agreement to this office.
Sincerely,
ohn D. Pfei
Manager, Airports District Office
Enclosures
DEPARTMENT OF TRANSPORTATION ORIGINAL
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 - Offer
Date of Offer September 7, 2001
Byron Airport/Planning Area
Project No. 3-06-0008-10
Contract No. DTFA08-01-C-31141
TO: County of Contra Costa
(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 August
31, 2000, for a grant of Federal funds for a project at or associated with the
Byron Airport/Planning Area which Project Application, as approved by the FAA, is
hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein
called the "Project") consisting of the following:
CONDUCT AIRPORT MASTER PLAN STUDY AND BUSINESS PLAN
all as more particularly described in the Project Application.
Page I of 4
ORE pursuant to and for the purpose of carrying out t IGNA
NOW THEREFORE, p p p
Title 49, United States Code, as amended, and in consideration of (a) the
Sponsor' s adoption and ratification of the representations and assurances
contained in said Project Application and its acceptance of this Offer as
hereinafter provided, and (b) the benefits to accrue to the United States and the
public from the accomplishment of the Project and compliance with the assurances
and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON
BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States
share of the allowable costs incurred in accomplishing the Project, 90.00 percent
of the allowable project costs.
The Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall
be $315, 000. 00. For the purposes of any future grant amendments which may
increase the foregoing maximum obligation of the United States under the
provisions of Section 512 (b) of the Act, the following amounts are being
specified for this purpose:
$315, 000.00 for planning
$0.00 for airport development or noise program
implementation.
2 . The allowable costs of the project shall not include any costs determined by
the FAA to be ineligible for consideration as to allowability under the Act.
3 . Payment of the United States share of the allowable project costs will be
made pursuant to and in accordance with the provisions of such regulations
and procedures as the Secretary shall prescribe. Final determination of the
United States share will be based upon the final audit of the total amount
of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4 . The sponsor shall carry out and complete the Project without undue delays
and in accordance with the terms hereof, and such regulations and procedures
as the Secretary shall prescribe, and agrees to comply with the assurances
which were made part of the project application.
5 . The FAA reserves the right to amend or withdraw this offer at any time prior
to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay
any part of the costs of the project unless this offer has been accepted by
the sponsor on or before September 30, 2001, or such subsequent date as may
be prescribed in writing by the FAA.
Page 2 of 4
ORIGINAL..
7. The sponsor shall take all steps, including litigation if necessary, to
recover Federal funds spent fraudulently, wastefully, or in violation of
Federal antitrust statutes, or misused in any other manner in any project
upon which Federal funds have been expended. For the purposes of this
grant agreement, the term "Federal funds" means funds however used or-
disbursed by the sponsor that were originally paid pursuant to this or any
other Federal grant agreement. It shall obtain the approval of the
Secretary as to any determination of the amount of the Federal share of
such funds. It shall return the recovered Federal share, including funds
recovered by settlement, order or judgment, to the Secretary. It shall
furnish to the Secretary, upon request, all documents and records
pertaining to the determination of the amount of the Federal share or to
any settlement, litigation, negotiation, or other efforts taken to recover
such funds. All settlements or other final positions of the sponsor, in
court or otherwise, involving the recovery of such Federal share shall be
approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incident to,
compliance with this grant agreement.
9. It is understood and agreed by and between the parties hereto that this
Grant offer is made and accepted upon the basis of preliminary plans and
specifications; and the parties agree that within 180 days from the date
of acceptance of this Grant offer, the Sponsor shall furnish final plans
and specifications to the FAA, that no construction work will be commenced
hereunder, and that no contract will be awarded for the accomplishment of
such work until the said final plans and specifications have been approved
by the FAA; and the parties do further agree that any reference made in
this Grant offer or in the aforesaid Application to plans and
specifications shall be considered as having reference to said final plans
and specifications as approved .
10. The sponsor agrees to request cash drawdowns on the letter of credit only
when actually needed for its disbursements and to timely reporting of such
disbursements as required. It is understood that failure to adhere to
this provision may cause the letter of credit to be revoked.
11. Approval of the project is conditioned on the sponsor' s compliance with
the applicable air and water quality standards in accomplishing project
construction and in operating the airport. Failure to comply with this
requirement may result in suspension, cancellation, or termination of
Federal assistance under this agreement.
The Sponsor's acceptance of this offer and ratification and adoption of the
Project Application incorporated herein shall be evidenced by execution of this
instrument by the Sponsor, as hereinafter provided, and this offer and
Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and
Page 3 of 4
IAL
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 S'P'ATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
WESTERN-PACIFIC REGION
} P14k��
ohn L. Pfe' e
Manager, Airports District Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in the Project
Application and incorporated materials referred to in the foregoing Offer and
does hereby accept this Offer and by such acceptance agrees to comply with all
of the terms and conditions in this Offer and in the Project Application.
Executed this day of se , 2001
County of Contra Costa
(DAME OF S SOR)
(SEAL) of +
Dy rr, Jot
(SP SO 'S SIGNATEF ILIAL REPRESENTATIVE)
1
Title
Attest:
Title. "hAJL_
CERTIFICATE OF SPONSOR'S ATTORNEY
I, Li n_&4 I t["�'�(, , acting as Attorney for the Sponsor do hereby
certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant
Agreement under the laws of the State of Q_a1iyNjo_ Further, I have
examined the foregoing Grant Agreement and the actions taken by said Sponsor
and Sponsor's official representative has been duly authorized and that the
execution thereof is in all respects due and proper and in accordance with the
laws of the said State and the Act. In addition, for grants involving projects
to be carried out on property not owned by the Sponsor, there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is
my opinion that the said Grant Agreement constitutes a legal and binding
obligation of the Sponsor in accordance with the terms thereof.
Dated at NW- Mei,, this d 2001
E OF ONSOR's ATTORNEY
Page 4 of
Joe A
AGENDA DATE ITEM NO. x
BACKGROUND NOT AVAILABLE AT
THE TIME AGENDA PACKET COMPILED
INFORMATION FOR,THIS ITEM PREVIOUSLY
FURNISHED
ORAL REPORT TO BE GIVEN AT BOARD MEETING
ERROR IN NUMBERING AGENDA ITEM
DELETED
; DOCUMENTS ON FILE WITH
CLERK
CLAIMS ON FILE WITH THE CLERK OF THE BOARD