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DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANT AGREEMENT
--Part-11-0-ffer
Date of Offer SEP 2 3 1981
Redlands Municipal Airport
ProJect No. 5-06-0195-03
Contract No, DTFA08-81-C-20023
TO: City of Redlands, California
(hcrcla referred to as the "Sponsor")
H (Y\1: The United States ol' Anicrica (actin g through the Federal Aviation Administration,
herein referred to as the —FAA")
%VHL:Rt:AS, the Sponsor has SUbinitted to the FAA a Project Application (herein called
an Applicanon for Federal Assistance) dated August 4, 1981 for a grant of Federal
funds for a project for developinent of the Redlands Municipal Airport
(herein called the "Airport"), toggether with plans and specifications for such project, which
Application for Federal Assistance, as approved by the FAA is hereby incorporated' herein
andl inade a part hereof-, and I
4lHFR[,',1S. the FAA has approved a 111-0jeCt for developi-nent of the Airport (herein called
[tic "Project") consisting of' the following-de,,,cribcd airport development:
Land acquisition, airport development (approx. 17.5 acres) ; overlay and
mark west erly Portion of Runway 8/126 (approx. 1,300' x 75' 11 ; install MIRL
Runway 8/26 (approx. 4,560 11 .f. ) ; overla' y and mark easterly portion of
parallel taxiway (approx. 2,100' x 40' ) ; install rletroreflec-tive taxiwav
markers; install, NASI-11 Runway 8; grade runway safety area; overlay apron
kapprox. 4,500 s.y. ) .
�111 ;V, 11101C INArticularIv descl-lbed In ihe p!operty rnap and plans and specifications incor-
I-Ioralcd In the said Apphication hol- Fedcraf Asisfance.
r A F R 7A 5'00_37 PG I SU P E RS L D E 5 F A A FORM 5 lo0—i 3
Page 2 of 9 pages
NOW THEREFORE, PUrsuant to and for the purpose of carrying out the provisions of the
Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et se .),and in
consideration of (a) -the Sponsor's adoption and ratification of the representations and
assurances contained in said Application for Federal Assistance, and its acceptance of this
Offer as hereinafter provided, and (M the benefits to accrue to the United States and the
public frorn the accomplishment of the Project and the operation and maintenance of the
Airport as herein provided, 'I'll E FE11.R' AL AVIATION ADMINISTRATION, FOR AND
ON BFHALF OF THE UNFFED STATES, HEREBY OFFERS AND AGREES to pay, as
the United States share of the allowable costs incurred in acconiplishinIg the Project,, 90.00
percentum of said allowable costs.
This Offer is made on and S11h:eCL to the Ifollowing tern-is and conditions:
J
1.
The maximurn oblivation of' the United States payable under this Offer shall be
S1552,600 .00
2. The Sponsor shall:
a. begin accomplishment of the Project within thirty 130" calendar days
I i -
after acceptil[ICC 01' 011S Offer OF such longer time as may be prescribed bv the
FAA, with failure to do so constituting just cattle for termination of the:.
obligations (if' the United States hereunder by the FAA;
ll. carry out and coinplete the Project without undue delay and in accordance
with the terins hercof, the Airport and Airway Development Act of 197/0, as
amended, and the Regulations of the FAA (14 CFR Part 152) in effect as of
the date of 1-acceptance of this Offer, which RegUlations are hereinafter refer-
red to as the "Rc,,iflations'%
C, carry out and conifflete the project in accordance with the plans and specifica-
-il incorporated herein, as they may be revised or
ons and pi-oncrt mal I
modified -with ttic appro,.al of the FAA,
d. [Jbulit an fikdll.,iLil 1-cf)
oris on ;.in accrual basis and ;f records are not maintain-
C", on an aLct,tial hasil". reiports iria� be based on analysis or records or best
eslunaie,i as required t", 111C ReTIS'A11011"),
'Iden i he i';clicassllre I hat tiffne schedules are being
irionitoi per,"i ,31 to I
inei, pri-ijc�:ted! o,,k-,k by nFile 1-1,11-10cls are heing accomplished, and that
CiLher pertornn:mce go�ds are hcinu,, achieved as e. tab by the Regulations.
F AAFOR N1 5100-37 PG. 2 (3-ib I SUPEptE L)",S �-A A '-()RM b10,C) 113
Page 3 Of 9 pages
3. The allowable costs of the project shall not include any costs Bete rm mined
by the FAA to be ineligible for consideration as to allowability under the
Regulations.
4. Payment of the United States share of the allowable project costs will be
made pursuant to and in accordance with the provisions of the Regulations.
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. The grant closeout requirements will be in accordance with
the RegulatIons.
5. The sponsor shall operate and maintain the airport as provided in the
Application for Federal Assistance incorporated herein and specifically
covenants and agrees in accordance with its Assurance 20 in Part V of
said Application for Federal Assistance, and Section 30 of the Airport
and Airway Development Act, as amended, that in its operation and the
operation of all facilities thereof, neither it nor any person or
organization occupying space or facilities thereon will discriminate
against any person by reason of race, color, creed, national origin
or sex in the use of the facilities provided for the public on the
airport.
6. The FAA reserves the right to arnend or withdraw this offer at any time
prior to its acceptance by the sponsor.
7 . 'his 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, 1981
or such subsequent date as may bc prescribed in writing by the FAA.
8. The sponsor agrees to comply with the Part V, Assurances, attached to
this offer which replaces the Part VI, Assurances, that accompanied the
project application.
xY
FAA Form 5100-117 rage 3 (8-8111)
Local Reproduction Authorized
Page 4 of 9 pages
9. The Sponsor hereby agrees and convenants that any and all flood
insurance coverage required by. the Flood Disaster Protection, Act
of 1973 XL. 93-234) , with respect to the buildings and/or
personal property to be constructed and/or acquired under this
project will be purchased prior to the acquisition or construc-
tion of any insurable interest and shall he maintained during the
useful life of such buildings or personal property,
10. it is understood and agreed that no start of the Federal share of
an airport dev=elopment project for which a grant is grade under
he Airport and Airway Development pent ,,Act of 1970, as amended (49
U. Z. 1701 et seq.) , or under the Federal Airport Act, as
amended {4g U.S.C. ? i et <_;c���� , shall be included in the ;ate
base in establishing fees, rates, and charges for users of
the
airport.
11. The Sponsor hereby agrees that it will incorporate or cause to be
incorporated into ary contract in excess of $10,000.00 for construction
work, or modification thereof, as defined it the regulations of the
Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or
in part with funds obtained from the Federal Government or borrowed or
the credit of the Federal Government pursuant to a grant, contract,
loan, insurance, or Guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee
the following Equal Opportunity clause:
During the performance of this contract, the contractor
agrees as follows:
a. The contractor will not discriminate against any
employee or applicant for employment because of race,
color, religion, sex or national origin. The con-
tractor will take affirmative action to ensure that
applicants are employed, and that employees are treated
during employment without regard to their race, color,
SenX Ger r;ato;litr origin. SGtch cl"ifon shall include, but
not, be limited to, the following: Employment
upgrading, demotion, `7r transfer; recruitment or
recruitment advertising; layoff or termination, rates
of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor
agrees to post n conspicuous paces , avatlabie to
employees and aRplicants for employment, notices to be
provided setting forth the previsions, of this nondis-
crimination
ondis-criminati n clause.
A Stare=ori Special Condition - Form Pare a (9/04/81 )Doc. # O S3 1Z
Page5 of pages
b. The contractor will , in all solicitations or advertise-
ments for employees placed by or on behalf of the
contractor, state that all qualified applicants will
receive consideration for employment without regard to
race, color, religion, sex or national origin.
C. The contractor will send to each labor union or
representative of workers with which he has a
collective bargaining agreement or other contract or
understanding, a notice to he provided advising the
said labor union or workers' representatives of the
contractor's commitments under this section, and shall
post copies of the notice in conspicuous places
available to employees and applicants for employment.
A The contractor will comply with all provisions of
Executive Order 11246 of 24 September 1965, and of
the rules and regulations , and relevant orders of the
Secretary of Labor.
0. The contractor will furnish all information and reports
required by Executive Order 11246 of September 1965,
and by rules , regulations , and orders of the Secretary
of Labor, or pursuant thereto, and will permit access
to his books, records, and accounts by the administer-
ing agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules,
regulations, and orders.
f. in the event A the contractor' s noncompliance with the
nondiscrimination clauses of this contract or with any
of the said rules , regulations, or orders , this contract
may be cancelled, terminated, or suspended in whole or
in part and the contractor may be declared ineligible
for further government contractors or federally assisted
construction contracts in accordance with procedures
at in Executive Order 11246 of 24 September
1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of
September 1965, or by rules, regulations , or orders of
the Secretary of Labor, or as otherwise provided by law.
G/A Standard Special Condition - Form Page b (9/04/81) Doc. 0 AS341Z8I
Pape 6 of 9 pages
9. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions
Of paragraphs (1) through (7) in 'every subcontract or
purchase order unless exempted by rules, regulations , or
orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of 24 September
1965, SO that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such
action with respect to any subcontract or purchase order
as the administering agency may direct as a means of
enforcing such Provisions, including sanctions, for
noncompliance; provided, however, that in the event a
contractor becomes involved in, or is threatened with
litigation with a subcontractor or vendor as a result
of such direction by the administering agency, the
contractor may request the United States to enter
into such litigation to protect the interests of the
United States.
G/A Standard Special Condition Form Page c (9/04/81 ) Doc. # AS341Z8I
Page 7 of 9 pages
12. The Sponsor will submit for FAA approval a Minority Business Enterprise
Program as required by 49 CFR Part 23 Section 23.41(a) no later than 90
days after the date of this Agreenent rather than prior to the Granuzl
specified in 23.41( )) . All other requirements in Part 23 become effect-
ive as applicable upon execution of this Grant.
13. Pursuant to Paragraph 27, Part V, Assurances , of the Application dated
August 4. 1981 . the Sponsor hereby covenants and agrees to furnish
the Federal Government without cost, within four wonths after written
request therefor, such estates or interests in such lands or rights in
buildings as are deeHmd necessary by FAA for the construction and opera-
tion an the airport of the structures or facilities set forth below,
provided the respective areas of land and/Dr buildings deemed adequate
by FAA for such purposes are available without the necessity for remov-
ing or relocating other facilities and are within the geographic bound-
aries of the airp-Or", AL t"Ile time request therefor is made by the FAA;
together with rights of ready access in and to such areas or buildings
for construction, occupancy and use and the right to connect to exist-
ing utilities and to be furnished the utility services required to the
extent of available CaPacity at no more than prevailing rates. The
facilities or structures involved and the maximum area of land, or
rights in building, the Sponsor is obligated to furnish as follows :
Remote Transmitter/Receiver - approximately I acre,
However, it is agreed and understood that the rights of the United States
to cGst free areas Obtained under unexpired Grant Agreement with the
Sponsor are extended TOP twenty years from the date of this Grant Agree-
went. Furthernmre , the "Punsihi " Y for PaYing the cost of relocating,
any facilities located in such cost free areas shall he made in accardance,
with Advisory Circular 150/Q300-YB, FAA Policy on Facility Relocations
Occasioned by Airport iniqtr .its epents or Changes ,
14. 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 hereby covenant and agree that within
120 calendar days from the date of acceptance of this Grant Offer the
Sponsor shall furnish final plans and sPecifications to the FAA and that
no construction work will be connenced hereunder nor will there be any,
advertisement for bids for acconplishnmnt of such work until the said
final plans and specifications have been approved by the FAA; and the
parties do hereby further covenant and agree that any reference made in
this Grant Offer or in the aforesaid Project Application to plans and—
specifications shall be considered as having reference to said final
plans and specifications as so approved.
15. It is hereby understood and agreed by and between the parties hereto that
the United States will not make nor be obligated to nuke any payments involv-
ing Parcel 8 as shown on the property map attached hereto and identified as
Exhibit "A" 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 in and to said parcel or any portion thereof for which grant
PaWnt is sought subject to no liens , encumbrances , reservations or excep-
tions which in the opinion of the FAA Night create an undue risk of inter-
ference with the use and operation of the airport.
Page 8 of 9 pages
16. By its acceptance hereof, the Sponsor covenants and agrees that with
respect to Parcel 8 as shown on Exhibit "A", it will clear any of said
parcel acquired in fee of any existing structures, prior to final pay-
men", under the project and that it will neither erect nor permit the
erection of any permanent structures therein except those required for
aids to air navigation or those which may be specifically approved by
the FAA; further, if a lesser interest other than fee is acquired in
said parcel , the Sponsor agrees it will clear said parcel of any exist-
ing structure or any natural growth which constitutes an obstruction to
air navigation within the standards established by Dart 77 of the Fed-
eral Aviation Regulations; and further, the Sponsor covenants that it
will control the subsequent erection of structures and control natural
growth to the extent necessary to prevent the creation of obstructions
within said standards.
17. it is understood and agreed by and between the parties hereto that
Federal participation in that portion of the development described
on Page 1 hereof, relating to airport lighting, is predicated upon the
Sponsor's operating plan concerning the use and operation of such air-
port lighting, dated August 4, 11081, which plan is incorporated herein
and made a part hereof.
Paye 9 Of 9 payer
The Sponsor's acceptance of this Offer and ratification and adoption of the
Application for Federal Assistance incorporated herein shall be evidenced by
execution of this instrument by the Sponsor, as hereinafter provided, and said
Offer and Acceptance shall comprise a Grant Agreement, as provided by the Air-
port and Airway Development Act of 1970, as amended, constituting the obliga-
tions and rights of the Unites States and the Sponsor with respect to the
accomplishment of the Project and the operation and maintenance of the Airport.
Such Grant Agreement shall 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 STATES OF AMERICA
FEDERAL AVIATION ADM NISTRATION
WESTERN REGION A
I y. . . . . . . . . . . .R—ERT.C.. ALOOM. , . . . . .
. . . . . . . . . .
(Title)
Chief, Southern Airports Field Office
Part 11 - Acceptance
nt
e
The City of Redlands, California does hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements contained in the Appli-
cation for Federal Assistance and incorporated materials referred to in he
foregoing Offer and does hereby accept said Offer and by such acceptance agrees
to all of the terms and conditions thereof.
Executed this 24th day of September 1981 .
CITY OF REDLANDS, CALIFORNIA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ave ons pasy
( By;. ;
Qd1a YSEAL
. . . . . . . . ..
Attest:
C_iTt7yA?71 'k., City of Redlal&d
TOW: _ 1. . . .. . . . . . . . . . . . . . . .
CERTIFICAFL OF SPONSOR'S ATTORNEY
il Dallas Holmes . d0iny as Attorney for the City of Redlands
(herein referred to as the "Sponsor") do hereby certify:
That 1 have examined the foregoing Grant Agreement and the proceedings taken
by said Sponsor relating thereto, and find that the Acceptance thereof by Said
Sponsor has been duly authoriZed dnd that the execution thereof is in all res-
pects due and proper and in accordance with the laws of the State of California
and the Regulations and further that , inny opinion , said Grant Agreement
constitutes a legal and bindiny uoligdtion ut the iponsor in rcordance with the
terms thercof.
Dated at Riverside, CA His24thdiy ur
6y. . . . . . . . . .
tI , . . . . . $ * . , . . ®
City Attorney
City of Redlands