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TO: BOARD OF SUPERVISORS ,7,... /Contra
-
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR fl, � , ky' Costa
DATE: September 17, 2002 n (aunty
SUBJECT: ACCEPTANCE OF AIRPORT IMPROVEMENT PROGRAM (AIP) GRANT MONEY
TO UPDATE THE BUCHANAN FIELD AIRPORT AIRFIELD ELECTRICAL SYSTEM
AND SIGNAGE, AND SECURITY SYSTEMS.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND TSTIPICATION
I, Recommended Action:
APPROVE and AUTHORIZE the Chairperson of the Board of Supervisors to sign a Statement of
Acceptance of the Federal Aviation Administration (FAA) grant money to update the Buchanan Field
Airport airfield electrical system and signage, and Buchanan Field Airport security systems in the
amount of$1,971,000; and
APPROVE and AUTHORIZE the Public Works Director to sign an acceptance of funds from the State
of California(CALTRANS) grant money to update the Buchanan Field Airport airfield electrical system
and signage, and Buchanan Field Airport security systems, in the amount of $98,550, respectively,
Pacheco area. (90% Federal Aviation Administration, 4.5% CALTRANS and 5.5% Airport Enterprise
Funds) (District IV).
Continued on Attachment: YES SIGNATURE �
6. ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
AI PROVE TRIER
SIGNATURE(S):
ACTION OF BO bN SEPT, 17, 2002 APPROVED AS RECOMMENDED, ,OTHER
a
I hereby certify that this is a true and correct copy of an action
VOTE OF SUPERVISORS Ntaken and entered on the minutes of the Board of Supervisors on
None XX UNANIMOUS{ABSENT } the date shown.
AYES: NOES:
ABSENT: ABSTAIN:
DM:KF:df ATTESTED:._,,. SEPT M$M 17
C:\Word Files\60\2002\bo s-t 7 CCR Air signs Security Aceept.doc JOHN SWEETEN,Clerk of the Board of Supervisors and County
Orig.Div: Public works(Airport) Administrator
Contact: (David Mtridez 646-5722)
Cc: County Administrator
Public Works Director �' r
Public Works AccountingDeputy��"' ,.� 5�e��`
AuditorlCostrollerlier
Aviation Advisory Committee
Federal Aviation Administration `
CALMAN5
SUBJECT: ACCEPTANCE OF AIRPORT IMPROVEMENT PROGRAM (AIP) GRANT MONEY
TO UPDATE THE BUCHANAN FIELD AIRPORT AIRFIELD ELECTRICAL SYSTEM
AND SIGNAGE, AND SECURITY SYSTEMS.
BATE: September 17, 2002
PAGE: 2
IL Financial Impact:
Buchanan Field Airport Airfield Electrical and Si mage Upgades:
The total cost of the airfield electrical, lighting and signage upgrades is $1,300,000. Ninety percent
(90%) or $1,170,000 will be from. the FAA, four and one-half percent (4.5%) or $58,500 will be from
CALTRANS, and five and one-half percent (5.5%) or $71,500 will be funded from. the Airport
Enterprise Fund.
Buchanan Field AiW)ort Security System Upgrades:
The total cost of the security system upgrades is $890,000. Ninety percent (90%) or $801,000 will be
from the FAA, four and one-half percent(4.5%) or$40,050 will be from CALTRANS, and five and one-
half percent (5.5%)or $48,950 will be funded from the Airport Enterprise Fund.
Total Cost of Project Inp rovements:
The total cost of project improvements is $2,190,000. The total grant funding is as follows: ninety
percent (90%) or $1,971,040 will be from the FAA, four and a half percent (4.5%) or $98,550 will be
from CALTRANS, and five and a half percent (5.5%) or $120,450 will be funded from the Airport
Enterprise Fund.
III. Reasons for Recommendations and Background:
On May 7, 2002, the Board of Supervisors unanimously approved the staff's recommendation to submit
an application to both the FAA and CALTRANS for this funding.
IV. Consequences of Negative Action:
The projects will not be completed due to insufficient funds available in the Airport Enterprise Fund.
San Francisco Aires€ istrid Office
of Transponation 631 Mitten Road,Room 210
Federal Aviation Burlingame,California 940104303
Administration
Setite.a:er 16, 2002
FEDERAL EXPRESS
'ar. Ma price Ship
Pulbl. c Works D rector 4 C
Contra Costa Ccu ty
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°.50 Sally '��de Drive
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Ccnc'Trd, C al.Lfornia 94.520
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Airport. Buchanan Field, Concord, CA; AAP Project No. 3-06-0050-12 ,,,
Contract No. 'D'_'FA08-02-O-31229; Grant offer
.Enclosed are the original and three copies of the approved Grant offer for
the above project.
Acceptance o, the Grant 'offer will obligat=e the Sponsor to accomplish the
described development. ? 8UZI 4 ted itaYw t331?ii E•:S itself to participate -Ln
the all.owabl.e cost of the project not to exceed the amount shown on Page 2 of
the Grant Offer. The Offer =ust be 12ffMted on or before 8 teamber 30 2002;
as s ifiexi in Condition ,6a 2 of the grant: Offer.
Basic cons iderat-ions are that members of the Sponsor's 90'jernLng body know
the full content of the Grant Offer and that the method of acceptance
c:m=orns to local law.
The officLal. of the Sponsor cautho ized to accept thee~close:•; Grant O=' er
shall accept sa= e by signing said. offer and. inserting date in the space
pac•vrided under Fart.. _I_ - Acceptance. The Sponsor's attorney shall- certify
tha_ the acceA an ce complies •pith all ap p"Icable laces and constitutes a legal
and bindinq obl gation of the Sponsor by executing the "GERTIFTCATE OF
SPONSOR'S ATTORNEY". The date of said certificate shall be the same as, or
later t.hAn the date of ex-a—tion.
When ,.>e docu ent. is fully executed., certified, attested arid appropriate
eals are mpressed, Please z�ete„= the s d ORIGINAL and toxo EoRiez of the
executed Grant Agz*ement to this office.
Sin cere-
. crew M. Richards
Yiarager, -Acirports District of.°ice
Enc!osures
DEPARTMENT NT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 -Offer
Date of Offer September 16,2002
Buchanan Field Airport/Planning Area
Project No, 3.06-0050-12
Contract No. DTFA08-02-C-31229
TO: County of Contra.Costa
(herein called the"Sponsor")
FROM:The United States of America(acting thrOugh he Federal Aviation A r stratiOn,herein called the"FAA")
WHEREAS,the Sponsor has submitted to the FAA a Project Application dated Mune 12, 2002,for a grant of Federal funds
for a project at or associated with the Buchanan Field 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
follow ing-
hmstall guidance signs;moire security equipment/install fiencing
all as more particularly described in the Project Application.
Page 1 of 5 pages
1'�TO THEREFORE, pursuant to and for the purpose of carrying out the prtavisitarxs of ode� , 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 Dir as hereinafter er provi and(b)the benefits to accrue to the
United States and the public from the accomplislmient of the Project and compliance with the assurances and conditions as
herem provided.,TIIE FEDI AVIATION ADMMSTRATION,FOR AND ON BEHALF OF THE UNITED
STATES,HEREBY EBY OF S AND AGREES to pay,as the United Stator share of the allowable coasts incurred in
accomplishing the Project, 90.00 percent of the allowable project costs.
The mer 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$1,971,000.00. For the purposes of
any future grant amendments which may increase the foregoing maxirnurn obligation of the United States under the
provisions of Section 512(6)of the Act, the following amounts are being speed for this purpose:
$0.00 for piann g
$1,971,0w.00 for airport development or noise program implementation.
2. The allowable costs of the project shall not include any coasts determined by the FAA to be ineligible for
consideration as to allowability under the Act.
3. Payment of-the United States ire of the allowallowabk 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
nide for any upward or downward adjustments to the Federal share of costs.
4. The spoor shall carry out and complete the Project without undue delays and in accordance with the terns 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 As acceptance by the sponsor.
6. This offer shall expire and the United Stems shall not be obligated to pay any part of the coasts of the project unless
this offer has been accepted by the sponsor on or before September 30,2002or such subsequent date as may be
prescribed in writing by the FAA..
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 mer in any project upon which
Federal funds have been expended. For the purposes ofthis 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 finids. It shall return the recovered Federal share,including recovered by settlemesst,carder 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, mart or otherwise,involving
the recovery of such Federal share shall be approved in advance by the Secretary.
g. The United Stas shall not be responsible or liable for ohmage to property or injury to persons which may arise
from,or be incident to, compliance with this grant agreement.
Page 2 of 5 pages
. Buy American ltegtxireanent, Unless otherwise approved by the FAA, it will not acquire or permit any contractor
or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for
any project for Mart development or noise compatibility for winch funds are provided under this grant.
10. The sponsor agrees to perform the following:
1. f wish a construction management program to FAA prier to the start of construction wirier shall detail the
measures and procedures to be used to comply with the quality control provisions of the construction contract,
mcluding,but not hunted to,all quality control provisions and tem required by the federal specifications. The
program shall include as a minimum:
a. The name of the person representirng the sponsor who has overall responsibility fear contract administration for
the project and the authority to tie necessary actions to comply with the contract.
b. 'Names oftesting laboratories and consulting engineer firms with quality control responsibilities on the project,
together with a description of services to be provided.
C. Procedures for determining that test laboratories meet the requirernents of the Amencan Society of Testing
and materials standards on laboratory evaluation referenced in the contract specifications(D 3666, C 10177).
d. Qualifications ofengineering supervision and construction k9=60n personnel.
e. A listing of all tests required by the contract specifications,including the type and frequency of tests to be taken.
the method of sampling,the applicable test standard,and the acceptance criteria or tolerances permitted for each
type of test.
f Procedures for ensuring that the tests are-taken in accordance with the program,that they are;documented daily,
and that the proper corrective actions,where necessary, are undertaken.
Z. Submit at completion of the project, a final test and quality eel report documenting the results of all tests
performed,highlighting those tests that failed or did not meet the applicable test standard. The report shall include
the pay reductions applied and reasons for accepting any out-of-tolerance material. An interim test and quality
control report shall be submitted, if requested by the FAA.
3. failure to provide a coaVlete report as described in paragraph 2,or fail to perfcarin such tests,shall,absent any
compelling justification,result in a reduction in:federal participation for elms incurred in connection with
construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on
-the type of types of required tests not performed or not documented and will be conunensurate with the proportion
of applicable pavement with respect to the total pavement constructed under the grant agreement.
4. The FAA,at its discretion,reserves the right to conduct independent tests and to reduce grant payments accordingly
if such independent tests determine that sponsor test results are inaccurate.
11. It is understood and agreed by and between the parties.hereto that this Grant{mer is made and accepted upon the
basis of preliminary plans and specifications,and the parties agree that within 180 days fi m the date of acceptance
of this grant Offer., the Sponsor shall firrrtish 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 mer or in the aforesaid Applicatic m to plants and specifications shall be considered as
having reference to said final,plants and specifications as approved.
Page 3 of 5 pages
12. The sponsor agrees to request cash draw dovvns on the letter ofcredit only when actually needed fbr 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.
13. It is mutually understood and agreed that if,during the life of the project,the FAA determines that the maxiiawn,
grant ofaligation,ofd United States exceeds the expected needs of the Spoor by V-5,000,00 or five percent(5%),
whichever is greater,the mwa urn obligation of the United States can be undaterally reduced by letter from the
FAA advising of the budget change. Conversely, if there is an overrun in the total actual eligible and allowable
project cam,FAA may me rye the maximum grant obhgwon of the United States to cove-the amount of the
overrun not to exceed the statutory percent limitation and will advise the Sponsor by letter of the increase. It is
further understood and agreed Itiat S,during the life of the project,the FAA determines that a change in the grant
description is advantageous and in the best interests of the United States,the change in grant description will be
unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter,either the grant obligation
of the United States is adjusted to the amount specified or the grant description is amended to the description
specified.
The Sponsor's acceptance of his Offer and ratification and adoption cif the FrQiert application incorporated herein shall be
evidenced by execution of this instrument nt by the Sponsor,as hereinafter provided:, and this Offer and Acceptance shall
comprise a Grant Agreement,as provided by the Act constituting the contrail obligations and rights of the Ignited States
Page 4 of 5 pages
and the Sponsor with respect to he accomplishment of the Project and compliance with the assurances and conditions as
provided herein. Such Grant Agreement shad become erTeadve upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
AVESTERN-PACIFIC REGION
Andrew M. Richards
Manager, Airports District Office
Fart II-Accetance
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 Offfer 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 17th day of September ,2002.
Count
Contra € osta
F
(SEAL)
B3r ,
..�-
(S_ Ns I
R's Est NA 0 REPREsENTATWE)
Tit CHAIR, BOARD OF" SUPERVISOR
Attest: i`'
Title: Deputy Clerk
CERTIFICATE OF SPONS WS ATTORNEY
acting as Attorney for the Sponsor do hereby cerci .
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the la s=s of the State of
.��t.,�t €Y in� . Furtiter, I have examined the foregoing Grant Agreement and the actions taten by said Sponsor
and Sponsor's official representative has been duly.authorized and that dw execution thereof is in all respects clue and proper
and m acccordance with the laws of the said Stag and the Act. In addition,for grant&involving projects to be earned out on
property not owned by the Sponsor,there are no legal mipedunexits.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:
�3
bated at o ' $ this W 4\ day of s
r Si ,P�RE 5O ATTORNEY
Page 5 of 5 pages