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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