HomeMy WebLinkAboutMINUTES - 05161995 - 1.9 i
i"O: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: MAY 16, 1995
SUBJECT: ACCEPT FEDERAL AVIATION ADMINISTRATION (FAA) GRANT FOR $750,0.00 (AIP
PROJECT NO. 3-06-0008-08) FOR CONTRA COSTA COUNTY-BYRON AIRPORT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chairman of the Board Of Supervisors to sign a Statement of
Acceptance of said Grant Offer (entitled Part 1 - Offer) on behalf of Contra Costa County; and
AUTHORIZE and DIRECT the Clerk of the Board to attest the signature of the chairman and to
impress the official seal of Contra Costa County on the aforesaid Statement of Acceptance; and
AUTHORIZE and DIRECT County Counsel to sign a certificate of Sponsors Attorney (entitled
CERTIFICATE OF SPONSORS ATTORNEY) which certifies that the acceptance complies with
all applicable laws and constitutes a legal and binding obligation.
AUTHORIZE the Public Works Director to apply for a Grant of 4'/2% from the State of California,
Department of Transportation (CALTRANS).
APPROVE and AUTHORIZE the Public Works Director to sign updated Preapplication for
Federal Grant.
II. Financiallmpact:
The total cost of the project is $833,333. 5Y2% of the project is the responsibility of Contra Costa
County and will be paid out of the Airport Enterprise Fund utilizing enterprise funds and 4Y2%
from a CALTRANS Grant.
III. Reasons for Recommendations and Background:
On June 21, 1994, the Board of Supervisors authorized a Preapplication in the amount of
$555,556, for primarily projects intended to finish the development of the new Byron Airport.,
which includes items of work that were not constructed in previous grants due to budgetary
constraints and other uncertainties. On November 15, 1994, an updated Pre-application was
submitted to the FAA adding four additional projects for a total amount of $833,333. The
following is a description of the projects: 1) Complete access road; 2) Stabilize pavement
shoulders; 3) Pave safety area; 4) Wetlands restoration; 5) PG&E Power Line Undergrounding;
6) Corporate Area Taxiway; 7) Corporate Area Roadway; 8) and FBO Area Taxiway.
Continued on Attachment:_ SIGNATURE: 4tZ7l G.)
_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF-BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)-
ACTION OF BOARD ON`Y►'1a /b. 1495" APPROVED AS RECOMMENDED OTHER
VgTE OF SUPERVISORS
,-'UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
JMW:IiEW:rs i hereby certify that this is a true and correct copy of
c:59.doc an action taken and entered on the minutes of the
Orig Div:Airports-Contact-H.Wight(510)646-5722 Board of Supervisors on the date shown.
cc: County Administrator ATTESTED: . M24, 1(0. 19
_ .�, —
Public Works Director PHIL BATCHELCOR,Cle of the Board
Public Works Accounting of Supervisors and County Administrator
Auditor/Controller '
Aviation Advisory Committee BY — a, Deputy
Federal Aviation Administration
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
Part 1 - Offer
Date of Offer June 12, 1995
Byron Airport/Planning Area
Project No. 3-06-0008-08
Contract No. DTFA08-95-C-30731
TO: Contra Costa County
(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 May
16, 1995, 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:
Stabilize runway and taxiway shoulders; construct all weather runway end
safety areas; complete airport access road (approx. 2, 500' x 241 ) ; wetlands
restoration; underground powerlines; construct corporate area taxiway
(approx. 1, 000' x 351 ) ; construct corporate area roadway (approx. 450' x
24' ) ; construct FBO area taxiway (approx. 700' x 351 )
all as more particularly described in the Project Application.
Page 1
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions
of the Airport and Airway Improvement Act of 1982, as amended by the Airport
and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act, "
and/or the Aviation Safety and Noise Abatement Act of 1979, 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 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 $750, 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:
$-0- for planning
$750, 000.00 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, 1995 or such
subsequent date as may be prescribed in writing by the FAA.
Page 2
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. Assurance 34 of the Part V Assurances dated 1-95, submitted with the
Sponsor's Project Application dated May 16, 1995, is hereby revised to
reference the Current Advisory Circulars for AIP Projects dated 5/1/95,
which is attached hereto and made a part hereof.
10. Except for instrument landing systems acquired with AIP funds and later
donated to and accepted by the FAA, the Sponsor must provide for the
continuous operation and maintenance of any navigational aid funded
under the AIP during the useful life of the equipment. The Sponsor must
check the facility, including instrument landing systems, prior to
commissioning to ensure it meets operational standards. The Sponsor
must also remove, relocate, or lower each obstruction on the approach or
provide for the adequate lighting or marking of the obstruction if any
aeronautical study conducted under FAR part 77 determines that to be
acceptable; and mark and light the runway, as appropriate. The Federal
Aviation Administration will not take over the ownership, operation, or
maintenance of any Sponsor-acquired equipment, except for instrument
landing systems.
11. Buy American Requirement. 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 airport development or noise compatibility for
which funds are provided under this grant.
12. The sponsor agrees to perform the following:
1. Furnish a construction management program to FAA prior to the start of
construction which shall detail the measures and procedures to be used
to comply with the quality control provisions of the construction
contract, including, but not limited to, all quality control provisions
and tests required by the Federal specifications. The program shall
include as a minimum:
Page 3
a. The name of the person representing the sponsor who has overall
responsibility for contract administration for the project and the
authority to take necessary actions to comply with the contract.
b. Names of testing 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 testing laboratories meet the
requirements of the American Society of Testing and Materials
standards on laboratory evaluation, referenced in the contract
specifications (D 3666, C 1077) .
d. Qualifications of engineering supervision and construction inspection
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.
2. Submit at completion of the project, a final test and quality control
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 complete report as described in paragraph 2, or
failure to perform such tests, shall, absent any compelling
justification, result in a reduction in Federal participation for costs
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 commensurate 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.
13. 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.
Page 4
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
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 STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
WESTERN-PACIFIC REGION
04tL r/. AQ�
hn L. Pfeif
anager, Airports District Office
Part 11 - 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 c;2-7t& day of 1995
Contra Costa County
(NAME OF SPONSOR) w
(SEAL)
BY
(SPONSOR'S D IGNATED OFFICIAL EPRESENTATIVE)
Title
Attest: „�
Title �e� ac.Z�cL 1 ',Qaa�
CERTIFICATE OF SPONSOR'S ATTORNEY
I, 5j"aficyn anole'un acting as Attorney for the Sponsor do hereby
certify:
That in my opinion the Sponsor is empowere.} to enter into the foregoing Grant
Agreement under the laws of the State of ( 10-1}Corn")In 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 r/accordance with the terms thereof.
Dated at M/Q i4l y�P7 T Cr,G+ t 's of Ckyte 19,15.
E ONS 'S ATTORNEY
Page 5
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Updated on. 5/1/95
NUMBER SUBJECT
70/7460-1 H Obstruction Marking and Lighting
CHG 1 &2
150/5000-13 Announcement of Availability--RTCA Inc., Document RTCA-221,
Guidance and Recommended Requirements for Airport Surface
Movement Sensors
150/5100-14C Architectural, Engineering, and Planning Consultant Services for Airport
Grant Projects .
150/5210-56 Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-76 Aircraft Fire and Rescue Communications
150/5210-14 Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 Airport Rescue &Firefighting Station Building Design
150/5210-18 Systems for Interactive Training of Airport Personnel
150/5220-46 Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10A Guide Specification for Water/Foam Type Aircraft Rescue and
Firefighting Vehicles
150/5220-13B Runway Surface Condition Sensor Specification Guide
150/5220-14A Airport Fire and Rescue Vehicle Specification Guide
150/5220-16A Automated Weather Observing Systems for NonFederal Applications
15015220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-19 Guide Specification for Small, Dual-Agent Aircraft Rescue and
Firefighting Vehicles
150/5220-20 Airport Snow and Ice Control Equipment
CHG 1
150/5220-21 Guide Specification for Lifts Used to Board Airline Passengers With
CHG 1 Mobility Impairments
150/5300-13 Airport Design
CHG 1, 2, 3, 4
.150/5300-14 Design of Aircraft Deicing Facilities.
150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant
Proiects
150/5320-56 Airport Drainage
150/5320-6C Airport Pavement Design and Evaluation
CHG 1 &2
150/5320-12B Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
150/5325-4A Runway Length Requirements for Airport Design
CHG 1
150/5340-1 G Standards for Airport Markings
150/5340-4C Installation Details for Runway Centerline Touchdown Zone Lighting
CHG 1 &2 Systems
150/5340-5B Segmented Circle Airport Marker System
CHG 1
150/5340-14B Economy Approach Lighting Aids
CHG 1 &2
150/5340-17B Standby Power for NonFAA Airport Lighting Systems
150/5340-18C Standards for Airport Sign Systems
CHG 1
150/5340-19 Taxiway Centerline Lighting System
150/5340-21 Airport Miscellaneous Lighting Visual Aids
150/5340-23B Supplemental Wind Cones
Page 1 of 2 Pages
• CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Updated on: 5/1/95
NUMBER SUBJECT
150/5340-24 Runway and Taxiway Edge Lighting System
CHG 1
150/5340-27A Air-to-Ground Radio Control of Airport Lighting Systems
150/5345-3D Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5A Circuit Selector Switch
150/5345-713 Specification for L824 Underground Electrical Cable for Airport Lighting
CHG 1 Circuits
150/5345-10E Specification for Constant Current Regulators Regulator Monitors
150/5345-12C Specification for Airport and Heliport Beacon
150/5345-13A Specification for.L841 Auxiliary Relay Cabinet Assembly for Pilot
Control of Airport Lighting Circuits
150/5345-26B Specification for L823 Plug and Receptacle, Cable Connectors
CHG 1 &2
150/5345-27C Specification for Wind Cone Assemblies
150/5345-28D Precision Approach Path Indicator(PAPI)Systems
CHG 1
150/5345-39B FAA Specification L853, Runway and Taxiway Centerline Retroreflective
CHG 1 Markers
15.0/5345-42C Specification for Airport Light Bases,Transformer Housings, Junction
CHG 1 Boxes and Accessories
150/5345-43D Specification for Obstruction Lighting Equipment
150/5345-44F Specification for Taxiway and Runway'Signs
CHG 1
150/5345-45A Lightweight Approach Light Structure
150/5345-46A Specification for Runway and Taxiway Light Fixtures
150/5345-47A Isolation Transformers for Airport Lighting Systems
150/5345-49A Specification L854,Radio Control Equipment
150/5345-50 Specification for Portable Runway Lights
CHG 1
150/5345-51 Specification for Discharge-Type Flasher Equipment
CHG 1
150/5345-52 Generic Visual Glideslope Indicators(GVGI)
150/5345-53 Airport Lighting Equipment Certification Program
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12A Airport Signing&Graphics
150/5360-13 Planning and Design Guidance for Airport Terminal Facilities
CHG 1
150/5370-2C Operational Safety on Airports During Construction
150/5370-6B Construction Progress and Inspection Report-Airport Grant Program
150/5370-10A Standards for Specifying Construction of Airports
CHG 1, 2, 3,4, 5,
6, 7,8
150/5370-11 Use of Nondestructive Testing Devices in the Evaluation of Airport
CHG 1 Pavements
15015370-12 Quality Control of Construction for Airport Grant Projects
150/5390-2A Heliport Design
150/5390-3 Vertiport Design
Page 2 of 2 Pages