HomeMy WebLinkAboutRESOLUTIONS - 01011968 - 68-769 IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Approval of Grant
Agreement with the Federal Aviation
Administration for construction of
Medium Intensity Lighting, Runways ) RESOLUTION NO. 68/769
1R-19L and 1L-19E and Taxiway "A", }
Buchanan Field Airport, Concord, }
California, Work Order No. 5384 - }
FAAP 9-04-049-D 14. )
BE IT RESOLVED by the members of the Board of Supervisors of the County
of Contra Costa, State of California, as followsr
That the County of Contra Costa shall accept the Grant Offer
of the United States of America in the amount of $64,589 for the pur-
pose of obtaining Federal Aid ander Pro3ect No. 9-04-049 -D914 In the
development of Buchanan Field Airport; and
That the Chairman of the Board. of Supervisors is hereby
AUTHORIZED and DIRECTED to sign the statement of Acceptance of said
Grant Offer (entitled Part II - Acceptance) on behalf of the County of
Contra Costa and the Deputy Clerk is hereby authorized and directed to
attest the signature of the Chairman and to impress the official seal
of the County of Contra Costa on the aforesaid statement of Acceptance;
and
That a true copy of the Grant Offer referred to herein is
attached hereto and made a part hereof.
PASSED AND ADOPTED this 6th day of November, 1968 by the fol-
lowing vote of the Board:
AYES: Supervisors James P. Kenny, James E. Moriarty,
Thomas John Coli., Alfred. M. Dias.
NOES: None.
ABSENT: Supervisor Edmund A. Linscheid.
j.
RESOLUTION NO. 68/769
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FEDERAL AVIATION AGENCY
GRANT' AGREEMENT
Part I-Offer
Date of Offer November 4, 1958
Buchanan Field Airport'
Project'No. 9-04-049-D914
Contract No. DOT-FA69WE-21413
a
TO: County of Contra Costa, California
(herein referred to as the "Sponsor"")
FROM: The United States of Americas (acting through the Federal Aviation Agency, herein re.
ferred to r as the "FAA")
WHEREAS,the Sponsor has submitted to the FAA a Project Application dated
August 27, 1968 , for a grant of Federal funds for a project for develop,
rnent of the Buchanan Field Airport (herein called
the "Airport"), together with plans and specifications for such project, which Project Application,
as approved by the FAA is hereby incorporated herein and made apart hereof; and.
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project") consisting of the follo ing-deseribed airport development:
Land acquisition for clear_xcraes, Runway 14L-32R (approx. 44 acres);
iris to 1 l KRL, Runway IL-19K (5,000 ft.); ins to 1 l MIRL, Runway 1R--19L -
(2,800 ft.); light taxiway intersections connecting Runway 1R-19L to
terminal apron
all as more particularly described in the property map and plans and specifications incorporated in
the said Project Application,
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fr"PORM f632 (5-62) USE PREVIOUS EDITION PAGE I
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NOW THEREFORE,pursuant to and for the purpose of carrying out the provisions of the Federal
Airport Act, as amended (49 U.S.C. 1141), artd 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 artd the operation and maintenance of the
Airport as herein provided., THE FEDERAL AVIATION AGENCY,,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, 53.63 par Centura of the al.l ovab].e
costs
This Offer is made on and subject to the following terms and conditions:
I. The maximum obligation of the'United States payable under this Offer shall be
$6+,589.
2. The Sponsor shall:
�a) begin accomplishment of the Project within 9C1 days
after acceptance of this 'Offer or such longer time as may be prescribed by the FAA,
with failure to do so constituting just cause for termination of the obligations of the
United States hereunder by the FAA;
(b) carry out and complete the Project without undue delay and in accordance with the
terms hereof, the:Federal Airport Act, and Sections 151.45-151.55 of the Regulations
of the Federal Aviation Agency (14 CFR 151.) in effect as of the date of acceptance of
this Offer, which Regulations are hereinafter referred to as the "Regulations";
(c) carry out and complete the Project in accordance with the 'plans and specifications
and property map, incorporated herein, as they may be revised�or modified with the
approval of the FAA.
3. The allowable costs of the project shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under Section 151.41 (b) of the Regula-
tions.
egulatioins.
4. Payment of the United States share of the allowable project costs will be made pursuant
to and in accordance with the provisions of Sections 151.57-151.63 of the Regulations.
Final determination as to the allowability of the costs of,the project will be made at the
time of the final grant payment pursuant to Section 151.65 of the Regulations: Provided,
that,in the event a semi-final grant payment is made pursuant to Section 151.6 3 ref theth
Regulations, ficial determination as to the allowability of those casts to which such semi-
final payment relates will be matte at the time of such semi-final payment.
FAX,FORM 163E (6-$3) DESTROY PREVIOUS EDITION
68 / 70 PAGE iZ
os
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5, The Sponsor shalt operate and maintain the Airport as Provided in the Project Applica
tion incorporated herein and specifically covenants and agrees, in accordance with its
Assurance 4 in Part Iii of said Project Application, that in its operation and the operation
of all facilities thereof, neither it nor any person or organization occupying space or facili-
ties thereon will discriminate against any person or class of persons by reason of race,color,
creed or national origin in the use of any of the facilities provided for the public on the
airport,'
6. The PAA reserves the right to amend or withdraw this Offer at any tirne prior to its
acceptance by the Sponsor.
7. This Offer shall expire and the United States shall not be obligated to pay any part of the
costs of the Project unless this Gaffer has been: accepted by the Sponsor on or before
December 20, 1968; or such subsequent date as may be prescribed in writing
by the FAA.
8. In addition the sponsor shall.
(a) incorporate or cause to be incorporated in each contract for
construction work under the project, or any Modification thereof,
the equal opportunity clause as set forth in Section 202 of
Executive Order No. 11246 of September 24,' 1965, or such modifi-
cation
odif -cation thereof as may be approved by the Secretary of Labor.
(b) incorporate or cause to be incorporated in each bid or proposal
form submitted by prospective contractors for construction work
under the project the provisions prescribed by Section 151.54(d)(1),
Part 151, Federal Aviation Regulations.
(c) Be bound by said equal opportunity clause in any Federally
assisted construction work in whish it participates,
(d) Cooperate actively with the FAA and the Secretary of Labor in
obtaining the compliance of contractors and subcontractors with
the equalopportunity clause and the rules$! regulations, and
relevant: orders of the Secretary of Labor,
{e} Furnish the FAA and the Secretary of Labor such information as
they may require for the, supervision of such compliance and
will otherwise assist the FAA in the discharge of its primary
responsibility for securing compliance.
(f) Refrain from entering into any contract or contract modification
subject to Executive Order No. 11246 with, a contractor debarred
from, or who has not demonstrated eligibility for, Government
contracts and Federally assisted construction contracts pursuant
to Part II, Subpart D of Executive Order No. 11246,
(g) Carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcon-
t*ractors by the FAA. or the Secretary of Labor pursuant to Part II,'
Subpart D of Executive -Order No. 11246, and in the event that the
y,
-F^,^ WORM 16331 (8.63) DESTROY P1REY)Cu9 EDITION � � PAGE 3
WE tit 1 (5-_6g)
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Sponsor fails or refuses to comply with its undertakings, the FAA
may cancel, terminate or suspend in whale or in part any contrac-
tual arrangements it 'may have with the Sponsor, may refrain from
extending any further assistance, under any of its programs subject
to Executive Order 11246 until satisfactory assurance of future
compliance has been received from such Sponsor, or may refer the
case to the Department of .justice for appropriate legal proceedings.
9. It is understood and agreed by and between the parties hereto that
Paragraph 7 of Part III - Sponsor's Assurances - of the Project
Application-, attached hereto and made a part hereof, is hereby amended
by deleting "Section A of FAA Technical Standard Order No. 1318, or
Advisory Circular (AC) No. 150/5300-1, whichever is applicable according
to the currently approved Airport Layout Plan," and substituting in lieu
thereof, "Pant 77 of the Federal Aviation Regulations (14 C.F.R.' Part 77)."
10. Notwithstanding the provision of Paragraph 3, Part III, of the Project
Application, the Sponsor covenants and agrees that it will not grant or
permit any exclusive right forbidden by Section 308(a) of the Federal
Aviation Act of 1958 (49 U.S.C. 1349) at the airport, or at any other
airport now or hereafter owned or controlled by it. In furtheranceof
the policy of the FAA under this covenant, the Sponsor agrees that,
unless authorized by the Administrator, it will not, eitherdirectlyor
indirectly, grant or permit any person, firm, or corporation the
exclusive right at the airport or at any other airport now or hereafter
owned or controlled by it, to conduct any aeronautical activities,
including, but not limited to, charter flights, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting, aerial adver-
tising 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 pants, and any other activities which
because of their relationship to the operation of aircraft can be
regarded as an aeronautical activity. The Sponsor further agrees that
it will terminate any such exclusive right (including; any exclusive'
right to engage in the sale of gasoline or oil, or both) now existing
at the airport, or at any other airport now or hereafter owned or
controlled by it, at the earliest renewal, cancellation, or expiration
date applicable to the agreement that established the exclusive right,
and certifies that there is no exclusive right not subject to termination
under this provision.
11. It is understood and agreed that the terms "Administrator of the federal
Aviation Agency," "Administrator" or "Federal Aviation Agency" wherever
they appear in this Agreement, in the Project Application, plans and
specifications or other documents constituting a part of this Agreement
shall be deemed to mean, the, ederal Aviation Administrator;or the
Federal Aviation Administration as the case may be.
FAA Form 1632' (6-b3) 68 Page 4 `
WE OP t (5-69) /7 6
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12. It is hereby understood and agreed by and between the parties hereto that
the Sponsor will acquire 'a fee title or such lesser property interest as
may be found satisfactory to the FAA to Area D as shown on the property
m cp attached to the Project Applicationand identified as Exhibit "A:'a
and that the United States will not make nor be obligated to wake any
payments involving Area D as shown on the property map, identified as
Exhibit "All' until. the Sponsor has submitted evidence that it has acquired
a fee title or such lesser property interest as may be found satisfactory
to the FAA ' .n and to said Area D for any portion thereof for which Grant
Payment is sought) subject to no liens, encumbrances, reservations or
exceptions which in the opinion of the FAA might create an undue risk of
interference with the use and operation of the airport.
13. The Federal Government does not now plan or contemplate the construction
of any structures pursudnt to Paragraph 9 of fart III - Sponsor's Assure
antes - of the Project Application dated August 27, 1968, and, therefore,
it is understood and agreed that the Sponsor is under no obligation to
furnish any areas or rights without cost .to the Federal Government under
this Grant Agreement. However, nothing contained herein shall be construed:
as altering or changing the rights of the 'United States anti/or the obliga-
tions of the Sponsor under prior Grant Agreements to furnish rent-.free space
for the activities specified in such agreements -
14. It is understood and agreed by and between the parties hereto that Federal`
participation in that portion of the development described on Page l hereof,
relating to airport lighting, is predicated upon the Sponsor's operating plan,
concerning the use and', operation of such airport lighting, dated August 6,
1968, which plan is incorporated herein and made a part hereof.
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The sponsoes acceptance of this Of-ter and ratification and adoption of the Project Application
incorporated herein shalt be evidenced by execution of this instrument by the Sponsor, as herein-
after
ereinafter provided, and said Offer and Acceptance shallcomprise a>Grant Agreement, as provided by
the Federal Airport Act, constituting the obligations and rights of the United Mates and the Spon-
sor with respect to the accomplishment of the Project and the operation and maintenance of the Air-
port.,
irpart. Such Grant Agreement shalt become effective upon the Sponsor's acceptance of this Offer and
shall remain in full force and effect throughout the useful life of the facilities developed under the
Project but in any event not to exceed'twenty years from the date of said acceptance.
UNITED STA'T'ES 4E AMERICA
FEDERAL AVIATION AGENCY
ACTe X (TITLE)
Part' 11-Acceptance
The Canty'of Coat= cos to does hereby ratify and adopt all statements,
representati