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HomeMy WebLinkAboutContracts & Agreements_47-1989_CCv0001.pdf DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part I - Offer Date of Offer JUL7 1989 Redlands Municipal Airport Project No. 3-06-0195-02 Contract No. DTFA08-89-C-20480 TO: City of Redlands, California (herein called the "Sponsor") FROM: The Unified 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 January 3, 1989, for a grant of Federal funds for a project at or associated with the Redlands Municipal Airport which Project Application, as approved by the FAA, Is hereby incorporated herein and made part hereof; and WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: Construct aircraft parking apron (approx. 670t x 3501 ), Including tie-down anchors, marking, lighting, and relocation of fence (approx. 2285 I .f. ); construct drainage Improvements. all as more particularly described In the Project Application. Page 1 of 4 Pages 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 ANIS ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable casts Incurred In accomplishing the Project, 90.00 percentum of said allowable 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 $450,000.00. 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 $450,000.00 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. Page 2 of 4 Pages 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, 1989, or 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 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. The sponsor shall comply with the Fart V Assurances dated October, 1988, which are attached hereto and made a part hereof, in lieu of the Part V Assurances which accompanied the Project Application dated January 3, 1989. Page 3 of 4 Pages 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 Ao n P. MIIIIgan `ting Supervisor, Standards Section Past It - Acceptance The Sponsor does hereby ratify and adapt 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 th i s 31st day of July , 1989. City of Redlands. California (Name of Sponsor) By (SEAL) (Sponsor's Official Representative) Attest: ,u :Y Title Ma�znr Title: City Clerk CERTIFICATE OF SPONSOR I� ATTORNEY 1, Daniel J . McHugh , 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 California. 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 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 Redlands , California,this 31st day of duly , 1989 Signature of Snsor' ttorney Page 4 of 4 Pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREEMENT Part 1 - QffeC Date of Offer Redlands Municipal Airport Project No. 3-06-0195-03 Contract No. DTFA08-89-C-20530 TO: City of Redlands, California (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 10, 1989, for a grant of Federal funds for a project at or associated with the Redlands Municipal Airport which Project Application, as approved by the FAA, is hereby Incorporated herein and made part hereof; and WHEREAS, the FAA has approved a project for the Airport or Planning Area (herein called the "Project") consisting of the following: Preparation of an airport master plan Including an environmental overview and an Airport Layout Plan. all as more particularly described In the Project Application. 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 LIMITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred In accomplishing the project, 90.00 percentum of said allowable costs. Page 1 of 4 Pages .. . .. . - ' ~ The Offer is made on and subject to the following terms and conditions: {Qnd 1fos 1 ° The max)mmn ob| [gafion of the United States payable under fh|� offer shall be �40^000. For the purpose of any future grant amendments which may increase the foregoing maximum mb| |Qaf(on of the United States under the provisions of Section 512(b) of the 8cf* the following amounts are being specified for this purpose: $40,000 for planning $ for airport development or noise program imp|ementation. 2. The o! !m^ab|e cost-s of the project shall not Include any costs determined by the FAA to be ineligible for consideration as to a! !mvabi | lfv under the Act. 5. Payment of the United States shore 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 shore will be basad upon the final audit of the total amount of allowable project costs and smffiemonf 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 de| ays 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. b. This offer shall expire and -l-he 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, 1989, or such subsequent date as may be prescribed in writing by the F88. 7. The sponsor shall take a/ / steps, including / lf|gaf|on 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 nFedera| fund-an means funds however used or dlsburs8d by the sponsor that were originally paid pursuant to +his or any other Federal grant agreement. it shall obtain the approval of the Secretary as to any do-termination 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 Page 2 Of 4 Pages ~ � documents and records pertaining to the determination of the amount of the Federal share or to any settlement, / |f/gof|on* nemoflafion, or other efforts taken to recover such funds. All settlements or other final positions of 1-he sponsor* in court or otherwise, Involving the recover of such Federal share shall be approved In advance by the Secretary. � B. 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. g. The sponsor shall comply with the Part V Assurances which are attached hereto and made a part hereof, in | |eu of the Part V Assurances which accompanied the Pro|ecf 8pp| ycafy.cn dated May 10, 1989. The Sponsor's 000*pfoncm of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument Dy 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 accomp| | shmenf of the Pr 'ecf and comp| Tancu with the. assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acc-epfanoe of fhls Offer. UNITED STATES OF AMERICA FEDERAL AVIATION 80N|N|3TR/R-|ON ), Hbvard S^ Yosh |o " Supervisor, P| onuQnQ Section ` Page 3 of 4 Pages The Sponsor does hereby ratify and adopt ail 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 20th day of September 1989, CITY OF REDLANDS CALIFORNIA 4 (SEAL) By (Sponsor's Designated Official Representative) Title Mayor Attest: Title: � =it Clerk QEELLUSATE-QPC tI flr' I. Daniel J. McHugh , 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 California. Further, 1 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 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 Redlands falif orniath Is 20th day of-Eg2tgMbar_, 19 x:h Signature of Ssor Attorney Page 4 of 4 Pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Page I of___2_Pages Contract No. DTFA08-87-C-20377 Redlands Municipal Airport Redlands California (Location) AMENDMENT NO. ---I—TO GRANT AGREEMENT FOR PROJECT NO. WHEREAS, the Federal Aviation Administration (hereinafter referred to as the "FAA") has deter- mined it to be in the interest of the United States that the Grant Agreement between the FAA, acting for and on behalf of the United States, and the City of Redlands, California (hereinafter referred to as the "Sponsor"), accepted by said Sponsor on the 15th day of _a9R19ih9_r1 jq87 , to be amended as hereinafter provided. NOW THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the FAA on behalf of the United States, on the one part, and the Sponsor, on the other part, do hereby mutually agree as follows: Delete the airport development described on Page 1 and substitute in lieu thereof the following described airport development: Install fence (approx. 7,000 l.f.); realign west portion of parallel taxiway (approx. 1,4001 x 40' ); construct aircraft parking apron (approx 1,000' x 350' ), including tie-down anchors, fire hydrants(2 each with approx. 1,350 l.f. waterline), and lighting; construct drainage improvements. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the 5th day of September , 19,u_ UNITED STATES OF AMERICA FEDERAL IATION ADMINISTRATION V 2X !,Ii igen Biz I John MIL ct ng(; Title-Ac in in 6 ervisor. Standards Section FAA FC RNA 5100-38 PG 113-7ei SUPERSEDES FAA FORM 5100-14 PG, I Page—2—cif Pages Project No. 3-06-0195-01 (Location) City of Redlands (Name of Sponsor) By (SEAL) Title Niayc�r Attest: t � Title City dierk CERTIFICATE OF SPONSOR'S ATTORNEY I, Daniel J. McHugh , acting as Attorney for cif edlancls. ali crofa (hereinafter referred to as "Sponsor") do hereby certify: That I have examined the foregoing Amendment to Grant Agreement and the proceedings taker: by said Sponsor relating thereto, and find that the execution thereof by said Sponsor has been duly authorised and is in all respects clue and proper and in accordance with the laws of the State of l nia , and Regulations of the FAA (14 CFR Part 152) and further that, in any opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Redlands , 5th September Dated at California _, this day of 19 FAA rORM 5100-3S PG.2!3-781 SUPERSEDES FAA PORM 5100-14 U'S Deportnw# ren- if f ;, rO sw 9 of TronSWtoltOn woftwAy Po"cem federal Avkdbn Lm des, CA 90009 AdmNstration JUL7199 Mr. Philip A. Lock Airport Manager Redlands Municipal Airport 1745 Sess urns Qr i ve Redlands, California 92374 Dear fir. Lock: Redlands Municipal Airport, CA AIP Project No. 3-06-0195-01 Grant Amendment No. 1 Enclosed are the original and four copies of the approved Amendment No. 1 to the Grant Agreement for subject project revising the scope of work. An official of the City of Redlands authorized to accept the enclosed Amendment shall accept saw by signing said Amendment and inserting the date in the space provided. The Sponsorfs 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 4F SPONSOR'S ATTORNEY." The dame of ear i d certificate small be the same as, or later than the date of execution, When the documents are fully executed, certified, attested and appropriate reels are i m reseed, a r- Sincerely, 4pervisor, Standards Section Enclosures