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CONTRACT 4184 Other CLOSEDbuurd hie 4 41 84 City of Los Angeles Executive Director Los Angeles World Airports One World Way Los Angeles, CA 90045 Attn: Land Use Mitigation Program LETTER AGREEMENT RESIDENTIAL SOUND INSULATION (RSI-IV) CITY OF EL SEGUNDO ES-RSI-IV On 2011 by Resolution No. applicable provisi s of Resolution No. 22867 and pursuant to Resolution No. 21481, the Board of Airport Commissioners (BOAC) authorized the City of Los Angeles, Department of Airports, also known as Los Angeles World Airports (hereinafter referred to as "LAWA"), to provide funds, in the total sum of $5,587,500 (hereinafter referred to as LAWA grant amount or funds), to the City of El Segundo for implementation of the FAA -approved LAX Part 150 residential sound insulation project (hereinafter referred to as "Project"). LAWA's grant amount for the Project will be allocated as follows: (a) $3,197,586.25 will consist of matching funds to three Federal Aviation Administration (FAA) Grant Agreements (Nos. AIP 3-06-0139-47, AIP 3-06-0139-52, and AIP 3-06-0139-56) in the total sum of $12,790,345 (hereinafter referred to as the FAA grants or funds); and (b) the remaining $2,389,913.75 of the LAWA grant amount will not consist of matching funds to any federal grant, and will be used for sound mitigation of residential dwelling units located within 60 dB Alt D Contour, but outside of the currently approved FAA contour, which was approved by the FAA in a letter dated December 3, 2010. The letter is attached herein and incorporated by reference as Exhibit 1. The provisions of this Letter Agreement shall apply to all LAWA funds and all FAA grant funds matched by LAWA funds for the Project. All parcels proposed for sound mitigation pursuant to this Grant Implementation Plan (hereinafter referred to as "GIP IV") and Letter Agreement (Agreement) shall meet all LAWA eligibility requirements set forth in this Letter Agreement. In no way shall any statement or procedure or other process create a new legal obligation on the part of LAWA and/or modify or amend the Stipulated Settlement Agreement adopted by the BOAC as set forth in Resolution No. 22867. To the extent that there is a conflict between the terms of the Stipulated Settlement Agreement and the terms in this Letter Agreement, the terms in the Settlement Agreement will supersede. City of El Segundo will comply with, and/or will ensure compliance with all of the terms and conditions in this Letter Agreement upon the transfer to City of El Segundo of the LAWA grant amount. LAWA has stipulated that such grant amount shall be transferred upon City of El Segundo's submittal of five (5) fully executed copies of the Letter Agreement. LUMP,ELSEGUNDO\GIPN 05/11/11 #283734 v7 t L I r 418 4 1. This Letter f Agreement shall be for a term of three (3) years, from to I '1` 2. City of El Segundo will comply with BOAC Resolution No. Me;46, applicable provisions of Resolution No. 22867 and Resolution No. 21481, as modified by Resolution 22867, and all FAA Grant requirements and assurances, as well as other requirements and guidelines pertaining to the Project. City of El Segundo will further comply with any relevant and more restrictive land use mitigation program or sound insulation requirements or guidelines established by the State of California pursuant to the Noise Standards found in Title 21, Subchapter 6 of the California Code of Regulations (hereinafter referred to as "California Airport Noise Standards") or in the California Noise Insulation Standards found in Title 24, Chapter 12 of the State Building Code, or as otherwise set forth herein. Whenever there is a conflict, LAWA will determine, in consultation with City of El Segundo and all concerned parties, which requirements or guidelines pertain to the project. The City of El Segundo has been provided with copies of the aforementioned Resolutions. 3. City of El Segundo has submitted to LAWA signed copies of the FAA Grant Agreement(s) and copies of the FAA Grant Application(s) supporting the FAA grant(s), which are incorporated by reference and attached herein, respectively, as Exhibits 2 and 3. 4. In undertaking the Project, City of El Segundo acknowledges LAWA's technical and oversight responsibilities under the California Airport Noise Standards and its auditing responsibilities as a grant issuing agency. City of El Segundo will work cooperatively and in good faith with LAWA in performing and documenting its work in furtherance of this Agreement and in support of LAWA's responsibilities. If City of El Segundo has not met the conditions and requirements established herein, LAWA may take any of the following actions: (1) upon due notice, City of El Segundo will refund to LAWA the funds that City of El Segundo has already received under this Letter Agreement for the Project, (2) LAWA will withhold additional funds under the grant, and/or (3) City of El Segundo will become ineligible for future funds. 5. City of El Segundo will ensure the timely preparation and submittal of all documents required by LAWA. Where documents required by this Agreement are prepared for and submitted for LAWA's approval after execution of this Agreement, or required to be periodically updated, resubmitted and approved by LAWA after execution of this Agreement, but such documents are not submitted by the required dates and have become past due, City of El Segundo agrees to suspend expenditure of all funds transferred by LAWA under this Agreement until all such past due documents are submitted to and approved by LAWA, excepting only expenditures necessary to prepare or update the past due documents. 6. Pursuant to the February 16, 2006 Stipulated Settlement Agreement, except as provided below, LAWA shall not require the dedication of avigation easements, noise easements, easements of right-of-way, or any other easements (hereinafter collectively referred to as "easements") in return for funding of, or participation in, the residential acoustical treatment portion of LAWA's Airport LUMP\ELSEGUNDO\GIPIV 05111;11 2 9283734 0 I 01 4184, Noise Mitigation Program. Where applicable sections of the California Airport Noise Standards (Cal. Code of Regs. Title 21, section 5000 et seq.) deem acoustical treatments alone insufficient to convert residential land uses to compatibility with airport operations, the following conditions apply: (1) In the case of residences constructed on or after January 1, 1989, LAWA may require the dedication of an easement in return for acoustical treatment funding from LAWA; (2) In the case of residences constructed before January 1, 1989 exposed to a noise level of 75 dB CNEL or above, and having an exterior normally cognizable private habitable area such as a backyard, patio or balcony, LAWA may condition the provision of acoustical treatment funding from LAWA on the property owner's agreement to LAWA's acquisition of an easement for Fair Market Value. If the owner of property falling in one of the two above -listed categories applies to the City of El Segundo for residential sound insulation, the City of El Segundo shall use LAWA grant funds, and begin construction for such insulation after the property owner executes a noise easement. In addition, LAWA must have received a fully executed noise easement for each specific property prior to completion of the construction for such insulation. The noise easement to be dedicated will be in substantially the form of Sample Noise Easement attached to the Stipulated Settlement approved by BOAC Resolution No. 22867, or another form of easement mutually agreed to by LAWA and the property owner. 7. City of El Segundo will submit a Title 21 Compliance Certificate for each eligible incompatible property that it sound insulates with LAWA and/or FAA funds. City of El Segundo will ensure that Title 21 Compliance Certificates provided for herein are prepared in a form as required by LAWA. 8. Any funds, and interest thereon, remaining from LAWA grant amount after completion of the incompatible sound insulation project will be refunded to LAWA within ninety (90) days of completion of the Project, or will be reinvested in a subsequent LAWA-approved sound insulation project pursuant to such instructions as LAWA may issue. 9. City of El Segundo will update the ANMP information at least annually no later than March 31st of each year. The ANMP information will include City of El Segundo's progress in terms of number of dwelling units sound insulated, cost estimates and other program elements that are pertinent to achieving total compliance with the California Airport Noise Standards. The information submitted will conform to the requirements set forth in the most recent version of the "Guidelines for Cumulative Annual Progress Report" developed by LAWA and provided to City of El Segundo. LAWA will provide the City of El Segundo the most recent version of the "Guidelines for Cumulative Annual Progress Report" no later than January 1 of each calendar year if revisions have been made to the one already provided by LAWA to the City of El Segundo. The ANMP information will describe the number of Noise Easements that were obtained for properties that require an easement to be sound insulated, and the process for issuing a Title 21 Compliance Certificate for all properties to be sound insulated. Data will be submitted in a format specified by LAWA. 10. City of El Segundo has prepared the required Grant Implementation Plan or (GIP) for properties to be sound insulated with the combined FAA and LAWA LUMP\ELSEGUNDO\GIPIV 05/11/11 3 #283734 v7 ""TT ""TT funds covered by this Agreement. Grant Implementation Plan IV (hereinafter referred to as GIP IV) was prepared in compliance with guidelines developed and maintained by LAWA, is in narrative and graphic form and specifies priorities, and describes how they were set, mitigation measures to be taken, time schedules, estimated costs (including an estimated total cost breakdown for each dwelling unit), and other pertinent project elements. The GIP IV sets forth a prioritized schedule to be followed that ensures that incompatible sound insulation will be systematically offered to the owner(s) of each eligible property in accordance with the program and project priorities set forth under Section 11, below. 11. City of El Segundo recognizes that it is LAWA's intent to achieve compliance with the California Airport Noise Standards as quickly, efficiently and cost effectively as possible. In pursuing this objective, it is LAWA's intent that land use mitigation programs be prioritized so that incompatible properties that will continue to remain in the Airport Noise Impact Area (based on the latest LAX Quarterly Noise Report) the longest, that are within the highest noise zones, and that are not projected for early conversion or redevelopment through normal market forces, should receive the highest priority for LAWA funds. 12. City of El Segundo recognizes that it is LAWA's objective to establish a systematic and, to the extent possible, uniform computerized record keeping system for all projects funded or partially funded by LAWA. City of El Segundo will work cooperatively with and assist LAWA in establishing and maintaining such a system. 13. In further cooperating with maintenance of a unified system of records, City of El Segundo will prepare any and all maps included in any document required or submitted pursuant to this Agreement so as to conform to LAWA specified format. 14. in the event the required documents are not submitted to LAWA as provided by this Agreement, City of El Segundo will limit, until such documents are submitted and approved by LAWA, the expenditure of LAWA funds to the preparation of said documents and to project preparatory work that is exclusive of actual construction costs described in Section 16, below. 15. BOAC Resolution No. 21481 Section 8 states "Funding under this policy will be conditional on the sponsoring local jurisdiction having adopted local building code regulations and a specific plan and/or other necessary regulations to ensure that all new residential structures and all added or expanded habitable rooms with any modified or reconstructed residential structure achieve an interior CNEL of at least 45 dB." The City of El Segundo has adopted an ordinance satisfying this requirement. 16. In undertaking and documenting incompatible Residential Sound Insulation (hereinafter also referred to as "RSI") projects, City of El Segundo will ensure and will document that not less than 80% of LAWA grant funds are allocated to actual construction costs, including all required building permits. City of El Segundo will ensure that non -construction planning; engineering, design, noise measurement and administrative overhead costs (undertaken by either or both LUMPIELSFGUNMGIPIV 05111/11 4 M283734 0 � 1 1 4184•,..i City of El Segundo's staff or consultants) shall not exceed 20% of total project cost. LAWA grant funds may be used only for materials and activities that are also eligible for purchase with FAA grant funds and are subject to the same limitations imposed on the use of the FAA grant funds. City of El Segundo will obtain specific written authorization from LAWA before deviating from any of these funding criteria. All such actual costs, calculations, and deviations, if any, shall be documented in the final Grant Report for the Project. 17. To the maximum extent possible, City of El Segundo will, in conducting the Project, conform to the recommendations set forth in LAWA's Design Guide for Residential Sound Insulation projects (hereinafter referred to as "Design Guide") in the vicinity of LAWA airports as such document may be updated from time to time. City of El Segundo will obtain written approval from LAWA before approving any changes or deviations from such Design Guide recommendations. All such deviations will be documented in the Final Grant Report for the Project. 18. In undertaking Project, City of El Segundo will utilize the LAX Quarterly Report for the Second Quarter of 2005 (2Q05), which complies with the California Airport Noise Standards, to determine the required interior noise level criterion and to select the necessary type of sound insulation materials and installation measures and requirements specified in LAWA's design guide to achieve the interior noise level criterion for each building to be sound insulated. This contour is attached herein and incorporated by reference as Exhibit 4. For those dwellings located within 60 dB Alt D contour, but outside the 65 dB 2Q05 contour, the requirements specified in the design guide for "Dwellings with an Exterior CNEL between 65 and 70 dB" shall be applied. City of El Segundo will obtain written approval from LAWA prior to any deviation from the use of this LAX Quarterly Report noise contour map for the purposes of this section. 19. In undertaking the Project, City of El Segundo will not use and will not authorize the use of LAWA funds to remedy building or safety code violations, to bring any of the residences into compliance with current building or safety codes, to repair seismic or other pre-existing damage, or to change the general size, layout or aesthetic properties of the building other than those changes directly incidental to the installation of the sound insulation materials. 20. In undertaking the Project, City of El Segundo will provide a random sample of pre- and post -construction noise testing for a not -to -exceed 10% of the total number of affected residential units. A post -construction noise audit, when conducted, will document the results of the Project and whether or not the California Airport Noise Standards objective of 45 dB interior CNEL is achieved in each habitable room of the residences. Such tests and audit will be documented in the final Grant Report for each tested residence in the Project. 21. In undertaking the Project, City of El Segundo will utilize the following definition when determining the eligibility of habitable rooms and spaces within an eligible building: Habitable space (room) is space in a residence for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, garages and similar areas are not considered habitable space. All habitable rooms within a building are to be sound insulated. LUMP\ELSEGUNDO\GIPIV 05/11/11 #283734 v7 4184.6,to Elements of sound insulation, such as replacement windows or exterior doors, may be considered for application to non -habitable space if their omission would be detrimental to meeting sound insulation objectives in adjacent habitable spaces. This will normally be limited to entrance hallways, bathrooms, and to interior doors connecting the main residence with garage spaces. Garage and utility room exterior doors and windows are not eligible for treatment. City of El Segundo will submit any application of sound insulation elements to non -habitable space to LAWA for approval prior to FAA review and approval of the plans and specifications for sound insulating buildings within the project. 22. At the time of initial enrollment of each building owner (the Owner) in the Project and prior to conducting noise testing or the preparation of sound insulation plans for the building(s), City of El Segundo will require the Owner to sign an agreement authorizing the installation of sound insulation and any FAA prescribed agreements, that may exist, to maintain the sound insulation remedies (e.g., windows, doors, ventilation, attic insulation, etc.) in a state of repair consistent with their use for sound insulation. 23. At the time of final enrollment of the Owner in the Project, and prior to ordering the sound insulation materials for the property, City of El Segundo will afford the Owner an opportunity to review the sound insulation plans for the building(s) and will require the Owner to sign LAWA approved Authorization to Proceed. City of El Segundo will issue Title 21 Compliance Certificates for incompatible properties that are to be sound insulated. Such Title 21 Compliance Certificates will be signed by an authorized representative of City of El Segundo and submitted to LAWA. 24. In undertaking LAWA funded projects, City of El Segundo will conduct progress meetings with LAWA staff, and will provide progress reports on an as needed basis setting forth information required by LAWA in a format established by LAWA. 25. Within 60 days of completion of the Project funded under this Letter Agreement, and in accordance with guidelines developed and maintained by LAWA, City of El Segundo will prepare and submit one (1) copy and two (2) digital copies on a compact disk (CD) of the final Grant Report for the Project to LAWA showing the results of the Project, the allocation of actual sound insulation (construction/non-construction) expenditures (both LAWA and FAA) among the individual properties in the Project, a listing of all Title 21 Compliance Certificates issued, and the total allocation, in detail satisfactory to LAWA, of actual expenses (both LAWA and FAA) by project category and sub -category: e.g., for project planning, project evaluation and design, project construction, and project administration. All general administrative overhead expenses will be detailed separately from construction -related administrative expenses. The final Grant Report will contain an explicit comparison between the estimated total cost breakdown that was submitted in the project GIP IV and the actual total cost for construction for each dwelling unit. LUMP\ELSEGUNDO\GIPIV 0511/11 6 #283734 v7 41 8 4 • , ,� 26. City of El Segundo shall also complete an annual accounting report and audit prepared by a Certified Public Accounting (CPA) firm for the project. 27. In implementing this sound insulation program City of El Segundo will utilize an accounting system that will comply with generally accepted government auditing standards (GAGAS), as fully described in the United States Government, General Accounting Office publication yellow book standards. This standard includes, but is not limited to, the following accounting system, audit, and record keeping requirements: A. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the project supplied by other sources, the amount and disposition of any interest earned on LAWA funds, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with all State and Federal laws, regulations, and requirements. B. It shall make available to the Controller of the City of Los Angeles and the Executive Director of LAWA, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the City of El Segundo that are pertinent to the grant. The Controller of the City of Los Angeles or the Executive Director of LAWA may require that an appropriate audit be conducted by the City of El Segundo. In any case in which an independent audit is made of the accounts of the City of El Segundo relating to the disposition of the proceeds of this grant, or relating to the project with which the grant was given or used, it shall file a certified copy of such audit with the Controller of the City of Los Angeles and the Executive Director of LAWA not later than 6 months following the close of the fiscal year for which the audit was made. Dated: APPROVED AS TO FORM City Attorney — City of El Segundo ATTEST: Bydak �h igna re) (Printed Name) LUMPIELSEGUNDO\GIPIV W11111 7 #283734 v7 CITY OF EL SEGUNDO by (Signature) Dws, w1L HcueE (Printed Name) CAN (Title) Date: Cq . I ( ) 4 1 8 4 - a # " (Title) Carmen Trutanich, City Attorney City of Los Angeles APPROVED AS TO FORM By: Assistant/Deputy City Attorney City ofLos Angeles Date: '/,! /01 LUMP\ELSEGUND0\GIPIV 05;11111 #283734 v7 i CITY OF LOS ANGELES by c� u Exe ' e Director Los Angeles World Airports Acq (Printed Name) • . X� U.S. Department Office of Airport Planning and Programming of Transportatlon Federal Aviation Administration DEC 0 3 2010 Gina Marie Lindsey Executive Director Los Angeles World Airports One World Way Los Angeles, CA 90045 4184. 41 8 4 • . .;. �c 800 Independence Ave., SW. Washington, DC 20591 Received DEC 1 3 2c.'b Office of the Ewculive Dircaor Subject: Los Angeles World Airports (LAWA) request for FAA determination on funding ongoing noise mitigation in El Segundo, California Dear Ms. Lindsey: The purpose of this letter is to follow up on the September 20, 1010 conference call that representatives of the FAA had with your office, the City of El Segundo and Congresswoman Jane Harman's staff on the appropriate use of Airport Improvement Program, passenger facility charge, and airport revenue to continue to sound 'insulate eligible residences in the City of El Segundo. As representatives of the FAA explained, in the case of El Segundo, the FAA's ability to award AIP grants and approve PFC funds would require that the residential land uses in question be classified as non -compatible with, or (in the case of schools) adversely affected by, airport noise. Noncompatibility and adverse effects are defined as either being (a) within the CNEL 65 dB or higher noise contour as shown on a current FAA -accepted Noise Exposure Map or (b) as reflected in a final National Environmental Policy Act (NEPA) document. LAWA may use a lower local noise standard (i.e. CNEL 60 dB) for mitigation if the standard is formally adopted by the City of El Segundo for land use compatibility. The use of airport revenue generally follows the AIP and PFC criteria. However, 49 U.S.C. §47107(b)(3), 49 USC §47133, and the Policy and Procedures Concerning the Use of Airport - Revenue, 64 Fed. Reg. 7,696 (Feb. 16, 1999) permit use of airport revenues for a reasonable period of time to complete projects in an approved noise mitigation program in the "buffer zone" between the CNEL 65 and 60 dB contours under certain circumstances. This is reasonable where, as in El Segundo, the projects were part of a settlement agreement and the affected municipality clearly relied in good faith on the parameters of the noise mitigation represented in the now -outdated maps as a means to achieve equity. As a matter of policy, we have determined that in a location such as this, where changes in airport operations have led to a significant reduction in noise (as defined under 14 C.F.R. Part 150), LAWA may continue to provide airport revenue for a reasonable period of time to fund completion of soundproofing projects previously approved under the latest Part 150 study. However, these soundproofing projects must still be within the CNEL 60 dB contour of a map that is current and valid for purposes of Part 150. Our analysis of the specific case of El Segundo shows that the LAX IQ 2009 noise contours in r • i Los Angeles World Airports 2 December 3, 2010 $ page 2 of 2 this area remain generally consistent with the 2015 Alternative D noise contour in the 2005 Los Angeles international Airport Proposed Master Plan Improvements Final Environmental Impact Statement. As a final step, we will be contacting you to discuss the information needed to confirm that the areas proposed for remaining noise mitigation meet the criteria outlined above. In the particular case of El Segundo, based on the number of years that have already passed since the last Part 150 update (in 1985), the FAA has determined that LAWA may provide funding from airport revenue in support of noise mitigation in El Segundo for only five (5) more years. Both the funding and the associated noise mitigation must be completed no later than December 31, 2015. If you have further questions on this matter, please feel free to call me at (202) 267-8775. Sincerely, Elliott Black Acting Director Office of Airport Planning and Programming cc: Mark McClardy, Regional Manager, Airports Division, Western Pacific Region 4 84 �. • -.� Version 7103 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED—Appl,car"ildenti6eq July 24, 2008 1. TYPE OF UBMISSIOt� Application I ® Construction Preappl,cation ❑ Non -Construction ❑ Construction ❑ Non -Construction 3. DATE RECEIVED BY TA State lderiiirwri 4. DATE RECEIVED BY FEDERAL AGENCY I j I Federal Ideontified 5. APPLICANT INFORMATION Legal14a City Of El Segundo Or anizatlonal Uni Department: Organizational UNs: 77-264679 Division: Address: Name and telephone number of person to be contacted on matters involving this application (give area code) Street: 350 Main Street Prefix: Mr. First Name: James City: El Segundo _ Middle Name: S. County: Los Angeles Last Name: O'Neill Suffix: State: California Zip Code: 90245 country: U.S.A. -- Email: joneill@elsegundo.org 6. EMPLOYER IDENTIFICATION NUMBER /N):j 9 b_ 16 0 0 10 7, 0 6 Phone number (give area code): (310) 524-2352 FAX number (give area code): (310) 322-2766 B. TYPE OF APPLICATIONN, New Continuation )�I Revision If Revision, enter appropriate letter(s) in box(es): d}See back of form for description of iettersl 17 Qther (specify) 7. TYPE OF APPLICANT: (See back of form for Application Types) I Other (specify) 9. NAME OF FEDERAL JAGENCY1 Federal Aviation Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE UMBE 2 0 . L1 _oT 6 + TITLE: I I J 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Residential Sound Insulation Program 12. AREAS AFFECTED BY PROJECT (cities, counties, states, , t ). City of El Se undo 13. PROPOSED JPROJEC 14. CONGRESSIONAL DISTRICTS Start Date 2009 Ending Date 2011 a. A�plicant 36' District b. Project 1 36th District 16. ESTIMATED ,FUNDINGJ 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 (PROCESS' a. Yes. N THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 FOR REVIEW ON DATE: May 18, 1988 b No. ❑ PROGRAM 1S NOT COVERED BY E. 0. 12372 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Federal $ 5,000,000 b. Applicant $ uuPROCESS c. State $ Nu d Local $ e Other $ 1,250,000 uu f Program income $ Uu17, IS THE APPLICANT DEUNQUENT ON ANY FEDERAL EBT,4 []Yes if -Yes' attach an explanation ® No g. TOTAL $ 6,250,000-uu 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Re resentative Prefix Mr. TFirst Name .lack Middle Name Last Name Wa Suffix _ b. Title Inter tS1,tyyMrger _ c. Telephone number (give area code) 310 524-2301 epresentative d. Signature !T� e. Date Signed July 24, 2008 Previous Editions Not Usab)§ Standard Form 424 (Rev.9-2003) Authorized for Local RT uction Prescribed by OMB Circular A-102 1 B 4 . 11" 'U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 60-RO184 PART 11 PROJECT APPROVAL INFORMATION SECTION A Item 1 Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority) ❑Yes MIND Item 2• Does this assistance request require State, local Name of Agency or Board advisory, educational or health clearances? (Attach Documentation) ❑Yes EINo Item 3 Does this assistance request require clearinghouse review kAttach Comments){ in accordance with OMB Circular A-95? ❑Yes �I,H Vo Item 4 Does this assistance request require State, local, Name of Ap roving Agency regional or other planning approval? Date []Yes�,E}No Check One: State ❑ Item 10 Local Is the proposed project covered by an approved Regional ❑ comprehensive plan? ®Yes ❑No Location of Ian igitY of Ell Segundo Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Federal Population benefiting from Project ❑Yes �jNo Item 7 Will the assistance requested be on Federal land Name of Federal Installation or installation? ❑Yes ONO Location of Federal Land Percent of Project Item 8 Will the assistance requested have an impact or effect on the environment? ❑Yes Mo Item Number of: Individuals Will the assistance requested cause the displacement of Families individuals, families, businesses, or farms? ❑Yes NINO Businesses Farms Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? ❑Yes N'No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 6100-10 PAGES 1 THRU 7 Page 2 4 8 4 . ,. U S DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO 80•RO184 PART II — SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Residential Sound Insulation Program provides residential sound insulation treatment for single and multi -family dwellings. The program goal is to provide noise protection for the residents of El Segundo who reside within the airport noise impact area (ANIA) of Los Angeles International Airport (LAX) thereby establishing compatible land use within the LAX ANIA. 2. Defaults. — The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: No defaults. 3. Possible Disabilities. — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: No Disabilities. 4. Land. — (a) The sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": No land use acquisition is included in this project. *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 6100-100 (4.76) Page 3e FAA AC 81.06913 U S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADWNISTRATION OMB NO. 80-R0184 , PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attomey or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (a)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land` on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": Not Applicable. (c)The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": Not Applicable. 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: Not Applicable. State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 6100-100 (4-76) Page 3b FAA AC 61-06913 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R01 Rd �Y PART III— BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No .................... 2. Functional or Other reakout•............................. SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration lExpensd $ $ $ 540,000 2. Preliminary xpens 3. Land, structures, right -of , a ; 4. Architectural engineering basic VeeJ. 1,920,000 5. Other architectural engineering bee 6. Project inspection eesl 240,000 7. Land bevelopmeni 8. Relocation ,Expenses 9. Relocation payments to individuals and Lsinessej 10. Demolition and emova 11. Construction and project Improvement 3,800,000 12. quipmen 13. 6isoellaneoui 14. Total (Lines 1 through 11 . 6,500,000 15. Estimated Income (if bpplicablo 16. Net Project Amount (Line 14 minus 6,500,000 17. Less: Ineligible xclusion , 18. Add: ontingencie 19. Total Project Amt. (Excluding Rehabilitation rant 6,500,000 20. Federal Share requested of Line lid 5,000,000 21. Add Rehabilitation Grants Requested (100 ercent 22. Total Federal grant requested (Lines 20 & l 1 5,000,000 23. Grantee har 24. Other hares' 1,500,000 25. Total project (Lines 22, 23, & 4) 6,500,000 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 41 a 4 �3 ass , " e n=PAPT""T OF TPAIJSPnPTA_f10N FFDFRAI. AVIATION ADMINISTRATION OrAB NO. 80•RO194 SECTION C - EXCLUSIONS Classification I nelig ibie for Participation Excluded from Contingency Provision 2 a. $ $ b.. C. d. e. f. g. Totals SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27, trantee Shard $ a Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g .Other (Explain) TOTAL — Grantee shay 28. Other Shares a. Stat b. tthe 1,500,000 c. Total Other have 29. OTALI $ 1,500,000 SECTION E - REMARKS Other - PFC funding from settlement agreement with Los Angeles World Airports (LAWA)I PART IV PROGRAM NARRATIVE (Attach -,See Instructions), FAA Form 5100-10D (6.73) SUPERSEDES FAA FORM 5100.IO PAGES 1 THRU 7 FA4 AC 75-023 PAGE 5 PART IV 1 �> PROGRAM NARRATIVE -- PROJECT: Residential Sound Insulation Program AIRPORT: Los Angeles International Airport (LAX) 1. Objective: The Residential Sound Insulation (RSI) Program to offer owners of residential property most impacted by air traffic from Los Angeles International Airport (LAX) improvements to reduce noise within the home. Improvements typically include replacement of exterior windows and exterior doors, the installation of chimney dampers, fireplace glass doors, attic and crawl space baffles, additional attic insulation, and ventilation systems. 2. Benefits Anticipated: The improvements are intended to help prevent exterior noise from interrupting such activities as sleep, conversations, and watching television. The ventilation systems are installed to circulate fresh air throughout the habitable rooms in each dwelling during periods of time exterior windows and doors are closed. A grant for $5,000,000 is expected to help treat approximately 120 single family homes and an estimated 276 people. 3. Approach: (See approved Scope of Work in final Application) Participation in the Residential Sound Insulation Program is voluntary. Property owners are no longer required to fund twenty percent (20%) of associated design and construction costs as this will now be covered by Los Angeles World Airports (LAWA). 4. Geographic Location: Only residential property located within the 65 deciBel (dB -A) Community Noise Equivalent Level (CNEL) contour within the city of El Segundo, shown on the attached map, will be treated with this grant and properties are selected for each Group of the program based on the date a completed application is received (including copy of the Property Deed) and Priority Zone. 5. Justification for Force Account Work: (if applicable) 6: Sponsor's Representative: (incl. address & tel. no.) James S. O'Neill Program Manager City of El Segundo Residential Sound Insulation Program 350 Main Street El Segundo, California 90245 (310) 524-2352 STANDARD DOT TITLE VI ASSURANCES City of ELSegun6lereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED Ouly 24, 2008 �ity of El Segundo! (Sponsor) CONTRACTOR CONTRACTUAL REQUIREMENTS 4 ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA 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 supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: �L,os Angeles International Airport (LAX) LOCATION: City of El Segundo AIP PROJECT NO.: STATEMENTS APPLICABLE TO THIS PROJECT: ® a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near (Exact name of airport)Los Angeles International Aiport. ® b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction. ❑ c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing (Exact name of airport) , and they have been informed regarding the scope and nature of this project. ® d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. Q . :• a . The above statements havAeenyduly-,consider_�*anAre applicable to this project. (Provide comment for any statement not checked). BY: lack W TITLE: SPONSORING AGENCY: City of El Segundo DATE: �my 24, 200> MOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; b. The nature and basis of opposition; C. Sponsor's plan to accommodate or otherwise satisfy the opposition; d. whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. e. if the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; f_ Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits to be gained by the proposed development; and h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award.documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not ipor_e than $10000 for each such failure. Signed I �� di Date �my 24, 2000 Title �lnterim City Manager{ r CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Alternate 1. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug -free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (e) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check ❑ if there are workplaces on file that are not identified here. Interim City Managed Title Ouly 24, 20081 Date TITLE VI PRE -AWARD SPONSOR HECKLISt 4 4 - 4 Airport/Sponsor: City of El Segundo! AIP #: I I Project Description(s): Sound Insulation P 1) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data concerning the race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or national origin. ® None 2) Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor. Include a summary of the findings. ® None (If "None", continue with questions 3 and 4). 3) Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. ® None 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. ® None To be completed by the Civil Rights Staff Review completed and approved: Signature Date: This checklist is only required for projects that involve one of the following: Environmental Assessment or Impact Statement (EIS); airport or runway relocation; major runway extension; relocation of any structure of person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population. Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW; Renton, WA 98066-4056. FAX: (425) 227-1009 Phone (425) 227-2009 For more Title VI information visit the Civil Rights website at http,llwww.nw.faa.govicivilrights/home.htm 4 lS 4 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT I During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the contractor) agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, DOT) Title 49, Code of Federal regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color; or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions of Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Sponsor shall impose such contract sanctions as it or the FAA may detennine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under contract until the contractor complies, and/or (b) Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraph 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contract becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, dose hereby covenant and agree (in the case of deeds and leases add "as a covenant ruining with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for the purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the promises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. CERTIFICATION OF COMPLIANCE WITH THE SEISMIC DESIGN AND CONSTRUCTION REQUIREMENTS OF 49 CFR Part 41 The undersigned Sponsor's Authorized Representative certifies that the Sponsor will comply with the requirements set forth in 49 CFR Part 41 in the design and construction of the building(s) to be financed with the assistance of the Federal Aviation Administration. Compliance will be met by adhering to at least one of the following accepted standards: a. Model codes found to provide a level of seismic safety substantially equivalent to that provided by use of the 1988 National Earthquake Reduction Program (NEHRP) including: 1. The 1991 International Conference of Building Officials (ICBO) Uniform Building Code, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601. 2. The 1992 Supplement to the Building Officials and Code Administration International (BOCA) National Building Code, published by the Building Officials and Code Administrators, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795. 3. The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard Building code, published by the Southern Building Code Congress International,900 Montclair Road, Birmingham, Alabama 35213-1206. b. Revisions to the model codes listed above that are substantially equivalent or exceed the then current or immediately preceding edition of the NEHRP recommended provisions, as it is updated, may be approved by the DOT Operating Administration to meet the requirements of 49 CFR Part 41. c. State, county, local, or other jurisdictional building ordinances adopting and enforcing the model codes, listed above, in their entirety, without significant revisions or changes in the direction of less seismic safety, meet the requirements of 49 CFR Part 41. Signed: Dated: July 24, 2008 .lack WW, Interim Qy.Manager Typed Name and Title of Sponsor's Representative 41rt.a SPONSOR CERTIFICATION FOR PROJECT PLANS AND SPECIFICATIONS SPONSOR'S NAME: City of El Segundo AIRPORT: Los Angeles International Airtort (LAX)____ PROJECT NUMBER: PROJECT DESCRIPTION Section 509(d) of the Airports and Airway Improvement Act of 1982, as amended, authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. This sample certification includes a list of major requirements for this aspect of the project implementation. The list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "NO" response must be fully explained in an attachment to the certification. If the item is not applicable to this project, mark the item "N/A". General A1P standards are described in Advisory Circulars 150/5100-6, 150/5100-15, and 150/5100-16. A list of current advisory circulars with specific standards for design or construction of airports and procurement or installation of airport equipment and facilities is referenced in Grant Assurance 34. 1. The plans and specifications are developed in accordance with all applicable Federal standards and requirements, and no deviation from or modification to standards set forth in the Advisory Circulars was necessary other than those previously approved by FAA. YES: X NO: N/A: 2. Specifications for the procurements of equipment are not proprietary or written so as to restrict free and open competition. YES: X NO: N/A: 3. The development included in the plans is depicted on the Airport Layout Plan (ALP) approved by the FAA. YES: X NO: N/A: 4. Development which is ineligible for AIP funding has been omitted from the plans and specifications. YES: X NO: N/A: 5. Process control and acceptance tests required for the project by standards contained in Advisory Circular l 50/5370-10 are included in the project specifications. YES: X NO: N/A: 4i8.4• Page 2 of 2 b. If a value engineering clause is incorporated into the contract, concurrence was obtained from FAA. YES: NO: N/A: X 7. The plans and specifications incorporate applicable requirements and recommendations set forth in the Federally -approved environmental finding. YES: X NO: N/A: 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been discussed with FAA and incorporated into the specifications. A safety/phasing plan will be obtained, if required. YES: X NO: N/A: 9. The project will be physically completed without Federal participation in costs due to errors or omissions in the plans and specifications, which were foreseeable at the time of -project design. YES: X NO: N/A: I certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: Dated: July 24, 2008 sor's Autho eprese ati e Jack Want, Interim City Manager Typed Name and Title of Sponsor's Representative 4 , 6,4 . SPONSOR CERTIFICATION FOR EQUIPMENT/CONSTRUCTION CONTRACTS SPONSOR'S NAME: City of El Segundo AIRPORT:_ Los Angeles International Airport (LAX) PROJECT NUMBER: PROJECT DESCRIPTION Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a no response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A". Standards for advertising and awarding equipment and construction contracts within the Federal grant procurement programs are described in 49 CFR 18.36. Sponsors may use their procurement procedures reflecting state and local laws or regulations provided procurements conform to specific standards in 49 CFR 18 and Advisory Circulars 150/5100-6, 150/5100-15, and 150/.5100-16. 1. A code or standard of conduct (is) (will be) in effect governing the performance of the sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. YES: X NO: N/A: 2. Qualified personnel (are) (will be) engaged to perform contract administration, engineering supervision, and construction inspection and testing. YES: X NO: N/A: 3. The procurement (was) (will be) publicly advertised using the competitive sealed bid method of procurement. YES: X NO: NIA: 4. The request for bids clearly and accurately (describes) (will describe) all administrative and other requirements of the equipment and/or services to be provided. YES: X NO: N/A: 5. Concurrence (was) (will be) obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person/firm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsive bidder, c. Life cycle costing is a factor in selecting the lowest responsive bidder, and Page 2 of 3 d. Proposed contract prices are more than 10% over the sponsor's cost estimate. YES: X NO: N/A: 6. All contracts exceeding $100,00, (require) (will require) abid guarantee of 5%, a performance bond of 100%, and a payment bond of 100%. YES: X NO: N/A: 7. Contracts exceeding $100,000 (contain) (will contain) provisions or conditions specifying administrative, contractual, and Iegal remedies, including contract termination, for those instances in which contractors violate or breach contract terms. They also (contain) (will contain) provisions requiring compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act, (42 USC 1857 (h)), Section 508 of the Clean Air Act (33 USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part 15). YES: X NO: N/A: 8. All construction contracts involving labor (contain) (will contain) provisions insuring that in the employment of labor honorably discharged Vietnam era veterans and disabled veterans will be given preference. YES: X NO: N/A: 9. All construction contracts exceeding $2,000 (contain) (will contain) provisions requiring compliance with the Davis -Bacon Act and bid solicitations (contain) (will contain)a copy of the current Federal wage rate determination. Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and the Copeland "Anti -Kick Back " Act (are) (will be) included. YES: X NO: N/A: 10. All construction contracts exceeding $10,000 (contain) (will contain) appropriate clauses from 41 CFR Part 60 for compliance with Equal Employment Opportunity Executive order 11246. YES: X NO: N/A: 11. All contracts and subcontracts (contain) (will contain) clauses required from Title VI Civil Rights Assurances and 49 CFR 23 for Disadvantaged Business Enterprises. YES: X--NO:—N/A: 12. Appropriate checks (have been) (will be) made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any DOT element and appearing on the DOT Unified List. YES: X NO: N/A: 4 •t j ` 1 I as Page 3 of 3 I certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed Dated: July 24. 2008 Jack Wart, Interim City Manager Typed Name and Title of Sponsor's Representative 4 ► 8 4 - JRJ '&J SPONSOR CERTIFICATION FOR CONSTRUCTION PROJECT FINAL ACCEPTANCE SPONSOR'S NAME:Cityof El Segundo AIRPORT:Los Angeles International Airport (LAX) PROJECT NUMBER: PROJECT DESCRIPTION Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a no response must be fully explained in an attachment to this certification. If the item is not applicable to this project, marl: the item "N/A". General requirements for final acceptance and close-out of Federally funded construction projects costs are accurate and proper in accordance with specific requirements of the Grant Agreement and contract documents. 1. The personnel engaged in project administration, engineering supervision, and construction inspection and testing (were) (will be) determined to be qualified and competent to perform the work. YES: X NO: N/A: 2. Daily construction records (were) (will be) kept by the resident engineer/construction inspector. These records document work in progress, quality and quantity of materials delivered, test locations and results, instructions provided the contractor, weather, equipment use, labor requirements, safety problems, and changes required. YES: X NO: N/A: 3. Weekly payroll records and statements of compliance (were) (will be) submitted by the prime contractor and reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circulars 150/5100-6 and 150/5100-15). YES: X NO: N/A: 4. Complaints regarding the mandated Federal provisions set forth in the contract documents (have been) (will be) submitted to FAA. YES: X NO: N/A: 5. All tests specified in the plans and specifications (were) (will be) performed and the tests results documented. A summary of test results (has been) (will be) made available to FAA. YES: X NO: —N/A:— Page 2of2 6. For any tests results outside allowable tolerances, appropriate corrective actions (were) (will be) taken. YES: X NO: N/A: 7. Payments to the contractor (were) (will be) made in compliance with contract provisions and verified by the sponsor's internal audit of contract records kept by the resident engineer. If appropriate, pay reduction factors required by the specifications (were) (will be) applied in computing final payments and a summary of pay reductions (has been) (will be) made available to the FAA. YES: X NO: N/A: 8. The project (was) (will be) accomplished without significant deviations, changes, or modifications from the approved plans and specifications, except where approval (was) (will be) obtained from FAA. YES: X NO: N/A: 9. A final project inspection (was) (will be) conducted with representatives of the sponsor and the contractor. Project files (contain) (will contain) documentation of the final inspection. YES: X NO: N/A: 10. Work in the Grant Agreement (was) (will be) physically completed and corrective actions required as a result of the final inspection (were) (will be) completed to the satisfaction of the sponsor. YES: X NO: NIA: 11. The as -built plans and equipment inventory, if applicable, (have been) (will be) submitted to FAA. If requested, a revised airport layout plan (was) (will be) submitted to FAA. YES: X NO: NT/A: 12. Applicable close-out financial reports (have been) (will be) submitted to FAA. YES: X NO: N/A: I certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: Jack Want, Interim City Manager Typed Name and Title of Sponsor's Representative Dated:July 24, 2008 41 84 ' •'' SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS SPONSOR'S NAME:City of El Segundo AIRPORT:Los An elf es International Airport LAX) PROJECT NUMBER: PROJECT DESCRIPTION Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying witb-all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a no response must be fully explained in an attachment to this certification. If the item is not . applicable to this project, mark the item "N/A". General procurement standards for consultant services within Federal grant programs are described in 49 CFR 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14. 1. Advertisement (were) (will be) placed to ensure fair and open competition from a wide area of interest. YES: X NO: N/A: 2. For contracts over $25,000, consultants (were) (will be) selected using competitive procedures based on qualifications, experience, and disadvantaged business requirements with the fee determined through negotiation. YES: X NO: N/A: 3. An independent cost analysis (was)(will be) performed, and a record of negotiations (has been) (will be) prepared reflecting the considerations involved in the establishment of fees. YES: X NO: N/A: 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval (was) (will be) obtained from FAA. YES: X NO: N/A: 5. The consultant services contracts clearly (establish) (will establish) the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. YES: X NO: N/A: 4 1 8 -% ° .. ..1 Page 2 of 2 6, Costs associated with work ineligible for AIP funding (are) (will be) clearly identified and separated from eligible items. YES: X NO: N/A: 7. All mandatory contract provisions for grant -assisted contracts (have been) (will be) included in all consultant services contracts. YES: X NO: N/A: 8. If the contract is awarded without competition, pre -award review and approval (was) (will be) obtained from FAA. YES: X NO: N/A: 9. Cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards (were not) (will not be) used. YES: X NO: N/A: 10. If the services being procured cover more than the single grant project referenced in this certification, the scope of work (was) (will be) specifically described in the advertisement, and future work will not be initiated beyond three years. YES: X NO: �T/A: I certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed:_ _ Dated: July 24, 2008 Sp sor s Autho fized present v r Jack Wa tyInterim City Manager Typed Name and Title of Sponsor's Representative 41 .8 4 - a s -1 Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standards Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. 3. The undersigned shall require that any language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made and entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. A Signature Dated: July 24, 2008 Print Name Jack Ways Title Interim City Manager 41 84 • a t.,.a STANDARD DOT TITLE VI ASSURANCES The City of El Segundo (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(e) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert in the clauses of Attachment 1 of this assurance in every contract subject to the Act and Regulations. 3. Where federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with federal financial assistance under this Project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of "Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of 41 8 4 • , . I federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest, and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. City of El Segundo O'nnnenr July 24, 2008 Dated 14 . � Version 7/03 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED April 30, 2008 Applicant Idenlifie� 1 TYPE OF SUBMISSION: Application ® Construction ❑ Non -Construction Preapplication ❑ Construction ❑ Non -Construction 3. DATE RECEIVED BY STATE State Appllcat*n Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Idenlilier S. APPLICANT INFORMATION Legal Name: City of El Segundo Organizational Unit: Department: Organizational, UNS: 77-264679 Division: Address: _ Name and telephone number of person to be contacted on matters involving this application (give area code) Street: 360 Maid Street Prefix: Mr. First Name'. James city: El Segundo Middle Name: S. County: Los Angeles _ Last Name: O'Neill state: California Zip Code: 90245 — Suffix: Country: U.S.A. _ Email: joneill@elsegundo.org 6. EMPLOYER IDENTIFICATION NUMBER EIN): 9 15_ 6 0 0 0 7 0 6 Phone number (give area code): (310) 524-2362 FAX number (give area code). (310) 322-2756 8. TYPE OF APPLICATION. ` ❑ New ® Continuation ❑ Revision If Revision, enter appropriate letter(s) in box(es): (See back of form for description of letters) C_-J�1I 17 Other (specify) 7. TYPE O�PLICANT: (See back of form for Application Types) C Other (specify) 9. NAME OF FEDERAL AGENCY Federal Aviation Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 2 0 _ (�1 0 6 TITLE: �- 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: Residential Sound Insulation Program 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): City of El Segundo 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date 2009T Ending Date 2011 a. A plicant 36u' District b. Project I 36`h District 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes. ® THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 FOR REVIEW ON DATE: May 18, 1988 b. No ❑ PROGRAM IS NOT COVERED BY E. 0. 12372 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Federal $ 6,000,000 uu b. Applicant $ VuPROCESS C. State $ VU d. Local S e Other $ 1,500,000 ou f. Program income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? [ZYes If "Yes* attach an explanation ® No g. TOTAL $ 7,600,000 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr. First Name Bill Middle Name Last Name Crowe Suffix b. Title Assistant City Manager d. Signature of Authorized Re naive c. Telephone number (give area code) 310 524-2313 a Date Signed April 30, 2008 Previous Editions Not Usable Standard Form 424 (Rev.9-2003) Authorized for Local Reproduction Prescribed by OMB Circular A-102 4 84 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 80-RO184 PART II PROJECT APPROVAL INFORMATION SECTION A item Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority ❑Yes ®No Item 2. Does this assistance request require State, local Name of Agency or Board advisory, educational or health clearances? (Attach Documentation) ❑Yes ®No Item 3 Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? ❑Yes ®No Item 4 Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? Date ❑Yes ®No Check One: State ❑ Item 5. Local Is the proposed project covered by an approved Regional ❑ comprehensive plan? ®Yes ❑No Location of plan City of El Segundo Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Federal Population benefiting from Project ❑Yes ®No Item 7 Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land ❑Yes ®NO Percent of Project Item 8 Will the assistance requested have an impact or effect on the environment? ❑Yes ®NO Number of: Item 9. Individuals Will the assistance requested cause the displacement of Families individuals, families, businesses, or farms? Businesses ❑Yes ®No Farms Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? []Yes ®No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 U.S DEPARTMENT OF TRANSPORTATION FEDERAL A%AATION ADMINISTRATION 4184.,,.E OMB NO 80-RO184 PART II — SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Residential Sound Insulation Program provides residential sound insulation treatment for single and multi -family dwellings. The program goal is to provide noise protection for the residents of El Segundo who reside within the airport noise impact area (ANIA) of Los Angeles International Airport (LAX) thereby establishing compatible land use within the LAX ANIA. 2. Defaults. — The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: No defaults. 3. Possible Disabilities. — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: No Disabilities. 4, Land. — (a) The sponsor holds the following property interest in the following areas of land` which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": No land use acquisition is included in this project. `State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 6100-100 (e-76) Page 3a FAA AC 61.06913 �' � "' �� •sides US DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO 80-Rt)184 PART II - SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (a)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": Not Applicable. (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": Not Applicable. 5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: Not Applicable. *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b FAA AC 81.08913 41 8 4 - 41 :16 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION We NO. 80•R0184 PART III— BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal,Domestic Assistance Catalog No .................... 2. Functional or Other Breakout ............................. . SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration Expense $ $ $ 540,000 2. Preliminary Expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 1,920,000 5. Other architectural engineering fees 6. Project inspection fees 240,000 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 4,800,000 12. Equipment 13. Miscellaneous 14, Total (Lines 1 through 13) 7,500,000 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 7,500,000 17. Less; Ineligible Exclusions 18. Add; Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 7,500,000 20. Federal Share requested of Line 19 6,000,000 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20 & 21) 6,000,000 23. Grantee share 24. Other shares 7,450,000 25. Total project (Lines 22, 23, & 24) 7,500,000 rvw I-Orm at UO-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 4 .8 4 • e, .. ,iri U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMS NO. 80-RO164 SECTION C - EXCLUSIONS 26 Classification Ineligible for Participation (1) Excluded from Contingency Provision 2 a. $ $ b.. c. d. e. f. g. Totals SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By Applicant) d.Bonds e. Tax Levies f. Non Cash g .Other (Explain) h .TOTAL — Grantee share 28. Other Shares a. State b. Other 1,500,000 c Total Other Shares 29. TOTAL $ 1,600,000 SECTION E - REMARKS Other - PFC funding from settlement agreement with Los Angeles World Airports (LAWA) PART IV PROGRAM NARRATIVE Attach - See Instructions Fp.a torte 51UJ-1VU (64S) SUVt-kbLUt5 FAA FVKM 510U-10 PAGtS 1 IHRU 7 FAA AC 7"23 PAGE 5 4 ► 8 4 . ,, , .41 PART IV PROGRAM NARRATIVE PROJECT: Residential Sound Insulation Program _ AIRPORT: Los Angeles International Airport (LAX) 1. Objective: The Residential Sound Insulation (RSI) Program to offer owners of residential property most impacted by air traffic from Los Angeles International Airport (LAX) improvements to reduce noise within the home. Improvements typically include replacement of exterior windows and exterior doors, the installation of chimney dampers, fireplace glass doors, attic and crawl space baffles, additional attic insulation, and ventilation systems. 2. Benefits Anticipated: The improvements are intended to help prevent exterior noise from interrupting such activities as sleep, conversations, and watching television. The ventilation systems are installed to circulate fresh air throughout the habitable rooms in each dwelling during periods of time exterior windows and doors are closed. A grant for $6,000,000 is expected to help treat approximately 165 single family homes. i 3. Approach: (See approved Scope of Work in final Application) Participation in the Residential Sound Insulation Program is voluntary. Property owners are no longer required to fund twenty percent (20%) of associated design and construction costs as this will now be covered by Los Angeles World Airports (LAWA). 4. Geographic Location: Only residential property located within the 65 deciBel (dB -A) Community Noise Equivalent Level (CNEL) contour within the city of El Segundo, shown on the attached map, will be treated with this grant and properties are selected for each Group of the program based on the date a completed application is received (including copy of the Property Deed) and Priority Zone. 5. Justification for Force Account Work: (if applicable) I 6: Sponsor's Representative: (incl. address & tel. no.) James S. O'Neill Program Manager City of El Segundo Residential Sound Insulation Program 350 Main Street El Segundo, California 90245 (310) 524-2352 '0000 STANDARD DOT TITLE VI ASSURANCES 4 1 8 4 . 4. , .d City of El Seggndo(hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et_ seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. 4184.,,J 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED April 30, 2008 City of El Segundo. (Sponsor) G�� (Signature of Authorized Offic' CONTRACTOR CONTRACTUAL REQUIREMENTS 4 1 8 4 ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts. Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. b. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA 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 supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 4I84•;.1 CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. REQUIRED STATEMENTS 4 .4 AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: Los Angeles International Airport (LAX) LOCATION: City of El Segundo AIP PROJECT NO.: STATEMENTS APPLICABLE TO THIS PROJECT: ® a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near (Exact name of airport)Los Angeles International Ai.Rort. ® b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction. ❑ e. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing (Exact name of airport) T__, and they have been informed regarding the scope and nature of this project. ® d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly �ogsidered and are applicable to this project. (Provide comment for any statement not checked). BY: Bill Crowe TITLE: Assistant SPONSORING AGENCY: City of El Segundo DATE: April 30, 2008, NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; b. The nature and basis of opposition; C. Sponsor's plan to accommodate or otherwise satisfy the opposition; d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; f. Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits to be gained ty the proposed development; and h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. 4184 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed �'�`t�'�-f"' Date April 30, 2008 Sponsor's Authorized Repre n tive Title Assistant City Manager CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENT ' 'a Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug -free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (� 1 8 4 (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check ❑ if there are workplaces on file that are not identified here. Signature of certifying official Assistant City Manager Title April 30, 2008 Date TITLE VI PRE -AWARD SPONSOR CHECKLIST Airport/Sponsor: _ City of El Segundo AIP #: Project Description(s): Residential Sound Insulation Program 1) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data concerning the race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or national origin. ® None 2) Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor. Include a summary of the findings. ® None (If "None", continue with questions 3 and 4). 3) Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. ® None 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. ® None To, be completed by the. Civil Rights Staff Review completed and approved: Signature Date: This checklist is only required for projects that involve one of the following: Environmental Assessment or Impact Statement (EIS); airport or runway relocation; major runway extension; relocation of any structure of person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population, Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW; Renton, WA 98056-4056. FAX: (425) 227-1009 Phone (425) 227-2009 For more Title VI information visit the Civil Rights website at http://www.nw.faa.gov/civilrights/home.htm 8 4 . , ;1 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the contractor) agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, DOT) Title 49, Code of Federal regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions of Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under contract until the contractor complies, and/or (b) Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraph I through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contract becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. fERTIFICATION OF COMPLIANCE WITH THE SEISMIC DESIGN AND CONSTRUCTION REQUIREMENTS OF 49 CFR Part 41 The undersigned Sponsor's Authorized Representative certifies that the Sponsor will comply with the requirements set forth in 49 CFR Part 41 in the design and construction of the building(s) to be financed with the assistance of the Federal Aviation Administration. Compliance will be met by adhering to at least one of the following accepted standards: a. Model codes found to provide a level of seismic safety substantially equivalent to that provided by use of the 1988 National Earthquake Reduction Program (NEHRP) including: 1. The 1991 International Conference of Building Officials (ICBO) Uniform Building Code, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601. 2. The 1992 Supplement to the Building Officials and Code Administration International (BOCA) National Building Code, published by the Building Officials and Code Administrators, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795. 3. The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard Building code, published by the Southern Building Code Congress International, 900 Montclair Road, Birmingham, Alabama 35213-1206. b. Revisions to the model codes listed above that are substantially equivalent or exceed the then current or immediately preceding edition of the NEHRP recommended provisions, as it is updated, may be approved by the DOT Operating Administration to meet the requirements of 49 CFR Part 41. c. State, county, local, or other jurisdictional building ordinances adopting and enforcing the model codes, listed above, in their entirety, without significant revisions or changes in the direction of less seismic safety, meet the requirements of 49 CFR Part 41. v Signed: Dated: April 30, 2008 Sponsor's Authorized Representative C/1' Bill Crowe, Assistant City Manager Typed Name and Title of Sponsor's Representative 41 6a•r' 0 ! CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, dose hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for the purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the promises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 4 1 8 4' a SPONSOR CERTIFICATION FOR PROJECT PLANS AND SPECIFICATIONS SPONSOR'S NAME: Cityof El Segundo AIRPORT: Los Angeles International Airport (LAX) PROJECT NUMBER: PROJECT DESCRIPTION Section 509(d) of the Airports and Airway Improvement Act of 1982, as amended, authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. This sample certification includes a list of major requirements for this aspect of the project implementation. The list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "NO" response must be fully explained in an attachment to the certification. if the item is not applicable to this project, mark the item "N/A". General AIP standards are described in Advisory Circulars 150/5100-6, 150/5100-15, and 15015100-16. A list of current advisory circulars with specific standards for design or construction of airports and procurement or installation of airport equipment and facilities is referenced in Grant Assurance 34. 1. The plans and specifications are developed in accordance with all applicable Federal standards and requirements, and no deviation from or modification to standards set forth in the Advisory Circulars was necessary other than those previously approved by FAA. YES: X NO: N/A: 2. Specifications for the procurements of equipment are not proprietary or written so as to restrict free and open competition. YES: X NO: N/A: 3. The development included in the plans is depicted on the Airport Layout Plan (ALP) approved by the FAA. YES: X NO: N/A: 4. Development which is ineligible for AIP funding has been omitted from the plans and specifications. YES: X NO: N/A: 5. Process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370-10 are included in the project specifications. YES: X NO: N/A: Page 2 of 2 6. If a value engineering clause is incorporated into the contract, concurrence was obtained from FAA. YES: NO: N/A: X 7. The plans and specifications incorporate applicable requirements and recommendations set forth in the Federally -approved environmental finding. YES: X NO: N/A: 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been discussed with FAA and incorporated into the specifications. A safety/phasing plan will be obtained, if required. YES: X NO: N/A: 9. The project will be physically completed without Federal participation in costs due to errors or omissions in the plans and specifications, which were foreseeable at the time of project design. YES: X NO: N/A: 1 certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: / 6� �2.�—�--- Dated: April 30 2008 � p Sponsor's Authorized Represent 'v Bill Crowe, Assistant City Manager Typed Name and Title of Sponsor's Representative SPONSOR CERTIFICATION FOR EQUIPMENT /CONSTRUCTION CONTRACTS SPONSOR'S NAME: City of El Segundo AIRPORT: Los Angeles International Airport (LAX PROJECT NUMBER: PROJECT DESCRIPTION Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a no response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A". Standards for advertising and awarding equipment and construction contracts within the Federal grant procurement programs are described in 49 CFR 18.36. Sponsors may use their procurement procedures reflecting state and local laws or regulations provided procurements conform to specific standards in 49 CFR 18 and Advisory Circulars 150/5100-6, 150/5100-15, and 150/5100-16. 1. A code or standard of conduct (is) (will be) in effect governing the performance of the sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. YES: X NO: N/A: 2. Qualified personnel (are) (will be) engaged to perform contract administration, engineering supervision, and construction inspection and testing. YES: X NO: N/A: 3. The procurement (was) (will be) publicly advertised using the competitive sealed bid method of procurement. YES: X NO: N/A: 4. The request for bids clearly and accurately (describes) (will describe) all administrative and other requirements of the equipment and/or services to be provided. YES: X NO: N/A: 5. Concurrence (was) (will be) obtained from FAA prior to contract award under any of the following circumstances: a.. Only one qualified person/firm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsive bidder, c. Life cycle costing is a factor in selecting the lowest responsive bidder, and 41 6 4 . , , J Page 2 of 3 d. Proposed contract prices are more than 10% over the sponsor's cost estimate. YES: X NO: N/A: 6. All contracts exceeding $100,00, (require) (will require) a bid guarantee of 5%, a performance bond of 100%, and a payment bond of 100%. YES: X NO: N/A: 7. Contracts exceeding $100,000 (contain) (will contain) provisions or conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contract terms. They also (contain) (will contain) provisions requiring compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act, (42 USC 1857 (h)), Section 508 of the Clean Air Act (33 iJSC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part 15). YES: X NO: N/A: 8. All construction contracts involving labor (contain) (will contain) provisions insuring that in the employment of labor honorably discharged Vietnam era veterans and disabled veterans will be given preference. YES: X NO: N/A: 9. All construction contracts exceeding $2,000 (contain) (will contain) provisions requiring compliance with the Davis -Bacon Act and bid solicitations (contain) (will contain)a copy of the current Federal wage rate determination. Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and the Copeland "Anti -Kick Back " Act (are) (will be) included. YES: X NO: N/A: 10. All construction contracts exceeding $10,000 (contain) (will contain) appropriate clauses from 41 CFR Part 60 for compliance with Equal Employment Opportunity Executive order 11246. YES: X NO: N/A: 11. All contracts and subcontracts (contain) (will contain) clauses required from Title VI Civil Rights Assurances and 49 CFR 23 for Disadvantaged Business Enterprises. YES: X NO: N/A: 12. Appropriate checks (have been) (will be) made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any DOT element and appearing on the DOT Unified List. YES: X NO: N/A: Page 3 of 3 1 certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: 6Z a, Dated: Apri130.2008 Sponsor's Authorized Rep s tative Bill Crowe, Assistant City Manager Typed Name and Title of Sponsor's Representative SPONSOR CERTIFICATION FOR CONSTRUCTION PROJECT FINAL ACCEPTANCE SPONSOR'S NAME:City of El Segundo AIRPORT:Los Angeles International Airport_(LAX) PROJECT NUMBER: PROJECT DESCRIPTION Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a no response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A". General requirements for final acceptance and close-out of Federally funded construction projects costs are accurate and proper in accordance with specific requirements of the Grant Agreement and contract documents. 1. The personnel engaged in project administration, engineering supervision, and construction inspection and testing (were) (will be) determined to be qualified and competent to perform the work. YES: X NO: N/A: 2. Daily construction records (were) (will be) kept by the resident engineer/construction inspector. These records document work in progress, quality and quantity of materials delivered, test locations and results, instructions provided the contractor, weather, equipment use, labor requirements, safety problems, and changes required. YES: X NO: N/A: 3. Weekly payroll records and statements of compliance (were) (will be) submitted by the prime contractor and reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circulars 150/5100-6 and 150/5100-15). YES: X NO: NIA: 4. Complaints regarding the mandated Federal provisions set forth in the contract documents (have been) (will be) submitted to FAA. YES: X NO: NIA: 5. All tests specified in the plans and specifications (were) (will be) performed and the tests results documented. A summary of test results (has been) (will be) made available to FAA. YES: X NO: N/A: 4i84.,.� Page 2 of 2 6. For any tests results outside allowable tolerances, appropriate corrective actions (were) (will be) taken. YES: X NO: N/A: 7. Payments to the contractor (were) (will be) made in compliance with contract provisions and verified by the sponsor's internal audit of contract records kept by the resident engineer. If appropriate, pay reduction factors required by the specifications (were) (will be) applied in computing final payments and a summary of pay reductions (has been) (will be) made available to the FAA. YES: X NO: NIA: 8. The project (was) (will be) accomplished without significant deviations, changes, or modifications from the approved plans and specifications, except where approval (was) (will be) obtained from FAA. YES: X NO: N/A: 9. A final project inspection (was) (will be) conducted with representatives of the sponsor and the contractor. Project files (contain) (will contain) documentation of the final inspection. YES: X NO: N/A: 10. Work in the Grant Agreement (was) (will be) physically completed and corrective actions required as a result of the final inspection (were) (will be) completed to the satisfaction of the sponsor. YES: X NO: N/A: 11. The as -built plans and equipment inventory, if applicable, (have been) (will be) submitted to FAA. If requested, a revised airport layout plan (was) (will be) submitted to FAA. YES: X NO: N/A: 12. Applicable close-out financial reports (have been) (will be) submitted to FAA. YES: X NO: N/A: I certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: Dated:April 30, 2008 Sponsor's Authorized Represent Bill Crowe, Assistant City Manager Typed Name and Title of Sponsor's Representative SPONSOR CERTIFICATION FOR SELECTION OF CONSULTANTS SPONSOR'S NAME:City of El Segundo AIRPORT:Los Angeles International Airport (LAX) PROJECT NUMBER: PROJECT DESCRIPTION Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a no response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A". General procurement standards for consultant services within Federal grant programs are described in 49 CFR 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14. 1. Advertisement (were) (will be) placed to ensure fair and open competition from a wide area of interest. YES: X NO: N/A: 2. For contracts over $25,000, consultants (were) (will be) selected using competitive procedures based on qualifications, experience, and disadvantaged business requirements with the fee determined through negotiation. YES: X NO: N/A: 3. An independent cost analysis (was)(will be) performed, and a record of negotiations (has been) (will be) prepared reflecting the considerations involved in the establishment of fees. YES: X NO: N/A: 4. if engineering or other services are to be performed by sponsor force account personnel, prior approval (was) (will be) obtained from FAA. YES: X NO: N/A: 5. The consultant services contracts clearly (establish) (will establish) the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. YES: X NO: N/A: ;t Page 2 of 2 6. Costs associated with work ineligible for AIP funding (are) (will be) clearly identified and separated from eligible items. YES: X NO: N/A: 7. All mandatory contract provisions for grant -assisted contracts (have been) (will be) included in all consultant services contracts. YES: X NO: N/A: 8. If the contract is awarded without competition, pre -award review and approval (was) (will be) obtained from FAA. YES: X NO: N/A: 9. Cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards (were not) (will not be) used. YES: X NO: N/A: 10. If the services being procured cover more than the single grant project referenced in this certification, the scope of work (was) (will be) specifically described in the advertisement, and future work will not be initiated beyond three years. YES: X NO: N/A: I certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: Dated: April 30, 2008 Sponsor's Authorized Representa 'v Bill Crowe Assistant City Manager Typed Name and Title of Sponsor's Representative Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standards Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. 3. The undersigned shall require that any language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made and entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Signature Dated: April 30, 2008 Sponsor's Authorized Representative C/I* Print Name Bill Crowe Title Assistant City Manager STANDARD DOT TITLE VT ASSURANCES The City of El Segundo (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(e) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert in the clauses of Attachment 1 of this assurance in every contract subject to the Act and Regulations. 3. Where federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with federal financial assistance under this Project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a. purpose for which federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of •. l federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest, and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. City of El Segundo Sponsor Signature of Authorized Officia April 30, 2008 Dated 4 y V 4 . , 4/prsion 7/03 'APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED February 11, 2009 Aoplicant Identifier I. TYPE OF SUBMISSION: Appliglion ® Construction ❑ Non -Construction Preapplication ❑ Construction ❑ Non -Construction 3. DATE RECEIVED BY STATE State Application Identifier 4• DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5, APPLICANT INFORMATION Legal Name: City of El Segundo Organizational Unit: Department: Organizational DUNS: 077-264679 Derision: Address: Name and telephone number of person to be contacted on matters involving this application (give area code) Street: 360 Main Street _ Prefix: Mr. First Name: James City: El Segundo — f Middle Name: S. County: Los Angeles Last Name: O'Neill State: California - zip Code: 90245 _ suffix: country: U.S.A. Email: joneill@eisegundo.org 6. EMPLOYER IDENTIFICATION NUMBER E1N): 9 5_ 6 10 10 0 17 0 6 Phone number (give area code): (310) 524-2352 FAX number (give area code): (310) 322-2756 B. TYPE OF APPLICATION: ❑ New ® Continuation ❑ Revision If Revision, enter appropriate letter(s) in box(es): ❑ ❑ (See back of form for description of letters) (L Other (specify) 7. TYPE OF APPLICANT: (See back of form for Application Types) Other (specify) 9. NAME OF FEDERAL AGENCY Federal Aviation Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 2 0 . 1 0 6 TITLE: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Residential Sound Insulation Program: 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): City of El Segundo 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date 2010 Ending Date 2012 a A�plicant 36 District b. Project 36 District 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Yes. ® THIS PREAPPLtCATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: May 18, 1988 b. No ❑ PROGRAM IS NOT COVERED BY E. O. 12372 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW a. Federal $ 2,800,000 b. Applicant $ c State $ d. Local $ e. Other $ 700,00'ou f. Program Income $ 17. 1S THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? I ❑Yes if "Yes" attach an explanation ® No g. TOTAL $ 3,600,000 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr. T First Name Jack Middle Name Name Wayt Suffix c. Telephone number (give area code) 310 524-2301 e. Date Signed February 11, 2009 _Last _ b. Title City Manager r ---- - ------------- d. Sign re r' PreviouplM&D� L7s'kble Standard Form 424 (Rev.9.2003) Authgt'ed for Local Reprodofflon Prescribed by OMB Circular A-102 U.S DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO 80-R0184 PART 11 PROJECT APPROVAL INFORMATION SECTION A item 1 Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority ❑Yes ®No Item 2. Does this assistance request require State, local Name of Agency or Board advisory, educational or health clearances? (Attach Documentation) ❑Yes ®No Item 3 Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? ❑Yes ®No Item 4 Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? Date []Yes ® No Check One: State ❑ Item 5. Local 10 Is the proposed project covered by an approved Regional ❑ comprehensive plan? ®Yes ❑No Location of plan City of Ell Segundo Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Federal Population benefiting from Project ❑Yes ®No Item 7 Will the assistance requested be on Federal land Name of Federal Installation or installation? Location of Federal Land ❑Yes ®No Percent of Project Item 8 Will the assistance requested have an impact or effect on the environment? ❑Yes ®No Number of: Itern 9. Individuals Will the assistance requested cause the displacement of Families individuals, families, businesses, or farms? Businesses ❑Yes ®No Farms Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? []Yes ®No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100.10 PAGES 1 THRU 7 Page 2 U S DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 01013 NO. 80-R0184 4 PART [I — SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Residential Sound Insulation Program provides residential sound insulation treatment for single and multi -family dwellings. The program goal is to provide noise protection for the residents of El Segundo who reside within the airport noise impact area (ANIA) of Los Angeles International Airport (LAX) thereby establishing compatible land use within the LAX ANIA. 2. Defaults. — The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: No defaults. 3. Possible Disabilities. — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: No Disabilities. 4. Land. — (a) The sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": No land use acquisition is included in this project. `State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3e FAA AC 81-06913 U S. DEPA�ZTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO 80-R0184 PART It — SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (a)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": Not Applicable. (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A Not Applicable. 5. Exclusive Rights. — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: Not Applicable. *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b FAA AC 81-06913 -r sll fr; U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 80-RDIRd PART III— BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No .................... 2. Functional or Other Breakout .............................. SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration Expense $ $ $ 105,000 2. Preliminary Expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 385,000 5. Other architectural engineering fees 6. Project inspection fees 115,000 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 2,895,000 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 3,500,000 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 3,500,000 17. Less: Ineligible Exclusions 18, Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 31500,000 20. Federal Share requested of Line 19 ! 2,800,000 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20 & 21) 2,800,000 23. Grantee share 24. Other shares 700,000 25. Total project (Lines 22, 23, & 24) 3500,000 FAA Form 5100.100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 41.84-.��41 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION nMR WC) An.Rnim SECTION C - EXCLUSIONS 26 Classification Ineligible for Participation (t) Excluded from Contingency Provision (2 a. $ $ ' b.. C. d. e. f. g. Totals SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Shane $ a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g .Other (Explain) h .TOTAL — Grantee share 28. Other Shares a. State b. Other 700,000 c. Total Other Shares 29. TOTAL $ 700,000 SECTION E - REMARKS Other - PFC funding from settlement agreement with Los Angeles World Airports (LAWA) PART IV PROGRAM NARRATIVE Attach - See Instructions P-AA hOrM D1UU-1UU (b-7d) SUNtKSEUES FAA FORM ti100-10 PAGES 1 rNRU 7 FAA AC 7S-023 PAGE 5 PART IV 4 1 8 ys . PROGRAM NARRATIVE PROJECT: Residential Sound Insulation Program AIRPORT: Los Angeles International Airport (LAX) _ 1. Objective: The Residential Sound Insulation (RSI) Program to offer owners of residential property most impacted by air traffic from Los Angeles International Airport (LAX) improvements to reduce noise within the home. Improvements typically include replacement of exterior windows and exterior doors, the installation of chimney dampers, fireplace glass doors, attic and crawl space baffles, additional attic insulation, and ventilation systems. 2. Benefits Anticipated: _ The improvements are intended to help prevent exterior noise from interrupting such activities as sleep, conversations, and watching television. The ventilation systems are installed to provide the occupants the ability circulate fresh air throughout the habitable rooms in each dwelling during periods of time exterior windows and doors are closed. A grant for $2,800,000 is expected to help treat approximately 70 single family homes and benefit approximately 161 people. 3. Approach: (See approved Scope of Work in final Application) Participation in the Residential Sound Insulation Program is voluntary. Property owners are no longer required to fund twenty percent (20%) of associated design and construction costs as this will now be covered by Los Angeles World Airports (LAWA). 4. Geographic Location: Only residential property located within the 65 deciBel (dB -A) Community Noise Equivalent Level (CNEL) contour within the city of El Segundo, as established by the Part 150 Study for Los Angeles International Airport, will be treated with this grant and properties are selected for each Group of the program based on the date a completed application is received (including copy of the Property Deed) and Priority Zone. 5. Justification for Force Account Work: (if applicable) 6: Sponsor's Representative: (inel. address & tel. no.) James S. O'Neill Program Manager City of El Segundo Residential Sound Insulation Program 350 Main Street El Segundo, California 90245 (310) 524-2352 4184.4aJ STANDARD DOT TITLE VI ASSURANCES City of El Segundo(hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et sea.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. S. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED February 11, 2009 City of El Segundo (Sponsor) CONTRACTOR CONTRACTUAL REQUIREMENTS 4 • it a J ATTACHMENT I During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts. Including Procurements of Materials and Enuipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA 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 supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. REQUIRED STATEMENTS 1, AIRPORT IMPROVEMENT PROGRAM PROJECTS t AIRPORT: Los Angeles International Airport (LAX) LOCATION: City of El Segundo AIP PROJECT NO.: STATEMENTS APPLICABLE TO THIS PROJECT: ® a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near (Exact name of airport Los Angeles International Aiport. ® b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction. ❑ c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing (Exact name of airport) __, and they have been informed regarding the scope and nature of this project. ® d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements e duly copOd ed and are applicable to this project. (Provide comment for any statement not checked), BY: Jack Wa DATE: February 1I, 2009 TITLE: City Manager SPONSORING AGENCY: City of El Segundo NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; b. The nature and basis of opposition; C. Sponsor's plan to accommodate or otherwise satisfy the opposition; d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; f.. Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits to be gained by the proposed development; and h. Any other pertinent information; which would be of assistance in determining whether to proceed with the project. 418,4..,:4 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all titers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 anOot ore than $1 ,00 for each such failure. Signed Date February 11, 2009 �^n_sor'?5WAorized Repres ve Title City Manager CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIt2EME TS Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug -free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or "'-(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check ❑ if there are workplaces on file that are not identified here. City Manager Title February 11, 2009 Date 41 84. C y . TITLE VI PRE -AWARD SPONSOR CHECKLIST Airport/Sponsor: City of El Segundo AIP #: Project Description(s): Residential Sound Insulation Program l) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data concerning the race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or national origin. ® None 2) Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor. Include a summary of the findings. ® None (If "None", continue with questions 3 and 4). 3) Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. ® None 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. ® None To be completed by the Civil Rights Staff Review completed and approved: Signature Date: This checklist is only required for projects that involve one of the following: Environmental Assessment or Impact Statement (EIS); airport or runway relocation; major runway extension; relocation of any structure of person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population. Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW; Renton, WA 98066-4056. FAX: (425) 227-1009 Phone (425) 227-2009 For more Title VI information visit the Civil Rights website at http://www. nw.faa.gov/civ i 1 rig hts/home. htm CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT I During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the contractor) agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, DOT) Title 49, Code of Federal regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions of Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under contract until the contractor complies, and/or (b) Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraph 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contract becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 418�j''7 . 6 7 CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, dose hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for the purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the promises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. C CERTIFICATION OF COMPLIANCE WITH THE SEISMIC DESIGN AND CONSTRUCTION REQUIREMENTS OF 49 CFR Part 41 The undersigned Sponsor's Authorized Representative certifies that the Sponsor will comply with the requirements set forth in 49 CFR Part 41 in the design and construction of the building(s) to be financed with the assistance of the Federal Aviation Administration. Compliance will be met by adhering to at least one of the following accepted standards: a. Model codes found to provide a level of seismic safety substantially equivalent to that provided by use of the 1988 National Earthquake Reduction Program (NEHRP) including: 1. The 1991 International Conference of Building Officials (ICBO) Uniform Building Code, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601. 2. The 1992 Supplement to the Building Officials and Code Administration International (BOCA) National Building Code, published by the Building Officials and Code Administrators, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795. 3. The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard Building code, published by the Southern Building Code Congress International, 900 Montclair Road, Birmingham, Alabama 35213-1206. b. Revisions to the model codes listed above that are substantially equivalent or exceed the then current or immediately preceding edition of the NEHRP recommended provisions, as it is updated, may be approved by the DOT Operating Administration to meet the requirements of 49 CFR Part 41. c. State, county, local, or other jurisdictional building ordinances adopting and enforcing the model codes, listed above, in their entirety, without significant revisions or changes in the direction of less seismic safety, meet the requirements of 49 CFR Part 41. Signed: Dated: February 11, 2009 Jack Wayt,City Manager Typed Name and Title of Sponsor's Representative 41 84. SPONSOR CERTIFICATION FOR PROJECT PLANS AND SPECIFICATIONS SPONSOR'S NAME: City of El Segundo AIRPORT: Los Angeles International Airport (LAX) PROJECT NUMBER: PROJECT DESCRIPTION Section 509(d) of the Airports and Airway Improvement Act of 1982, as amended, authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. This sample certification includes a list of major requirements for this aspect of the project implementation. The list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a "INTO" response must be fully explained in an attachment to the certification. If the item is not applicable to this project, mark the item "N/A". General AIP standards are described in Advisory Circulars 150/5100-6, 150/5100-15, and 150/5100-16. A list of current advisory circulars with specific standards for design or construction of airports and procurement or installation of airport equipment and facilities is referenced in Grant Assurance 34. 1. The plans and specifications are developed in accordance with all applicable Federal standards and requirements, and no deviation from or modification to standards set forth in the Advisory Circulars was necessary other than those previously approved by FAA. YES: X NO: N/A: 2. Specifications for the procurements of equipment are not proprietary or written so as to restrict free and open competition. YES: X NO: N/A: 3. The development included in the plans is depicted on the Airport Layout Plan (ALP) approved by the FAA. YES: X NO: N/A: 4. Development which is ineligible for AIP funding has been omitted from the plans and specifications. YES: X NO: N/A: 5. Process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370-10 are included in the project specifications. YES: X NO: N/A: Page 2 of 2 6. If a value engineering clause is incorporated into the contract, concurrence was obtained from FAA. YES: NO: N/A: X 7. The plans and specifications incorporate applicable requirements and recommendations set forth in the Federally -approved environmental finding. YES: X NO: N/A: 8, For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been discussed with FAA and incorporated into the specifications. A safety/phasing plan will be obtained, if required. YES: X NO: N/A: 9. The project will be physically completed without Federal participation in costs due to errors or omissions in the plans and specifications, which were foreseeable at the time of project design. YES: X NO: N/A: I certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: a Dated: February 11, 2009 nsor's A ized Representat' e Jack Wa , City Manager Typed Name and Title of Sponsor's Representative I SPONSOR CERTIFICATION FOR EQUIPMENT/CONSTRUCTION CONTRACTS SPONSOR'S NAME: City of El Segundo AIRPORT: Los Angeles International Airport (LAX) PROJECT NUMBER: PROJECT DESCRIPTION Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a no response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A". Standards for advertising and awarding equipment and construction contracts within the Federal grant procurement programs are described in 49 CFR 18.36. Sponsors may use their procurement procedures reflecting state and local laws or regulations provided procurements conform to specific standards in 49 CFR 18 and Advisory Circulars 150/5100-6, 150/5100-15, and 150/5100-16. 1. A code or standard of conduct (is) (will be) in effect governing the performance of the sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. YES: X NO: N/A: 2. Qualified personnel (are) (will be) engaged to perform contract administration, engineering supervision, and construction inspection and testing. YES: X NO: N/A: 3. The procurement (was) (will be) publicly advertised using the competitive sealed bid method of procurement. YES: X NO: N/A: 4. The request for bids clearly and accurately (describes) (will describe) all administrative and other requirements of the equipment and/or services to be provided. YES: X NO: N/A: 5. Concurrence (was) (will be) obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person/firm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsive bidder, c. Life cycle costing is a factor in selecting the lowest responsive bidder, and Page 2 of 3 d. Proposed contract prices are more than 10% over the sponsor's cost estimate. YES: X NO: N/A: 6. All contracts exceeding $100,00, (require) (will require) a bid guarantee of 5%, a performance bond of 100%, and a payment bond of 100%. YES: X NO: N/A: 7. Contracts exceeding $100,000 (contain) (will contain) provisions or conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contract terms. They also (contain) (will contain) provisions requiring compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act, (42 USC 1857 (h)), Section 508 of the Clean Air Act (33 USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part 15). YES: X NO: N/A: 8. All construction contracts involving labor (contain) (will contain) provisions insuring that in the employment of labor honorably discharged Vietnam era veterans and disabled veterans will be given preference. YES: X NO: N/A: 9. All construction contracts exceeding $2,000 (contain) (will contain) provisions requiring compliance with the Davis -Bacon Act and bid solicitations (contain) (will contain)a copy of the current Federal wage rate determination. Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and the Copeland "Anti -Kick Back " Act (are) (will be) included. YES: X NO: N/A: 10. All construction contracts exceeding $10,000 (contain) (will contain) appropriate clauses from 41 CFR Part 60 for compliance with Equal Employment Opportunity Executive order 11246. YES: X NO: N/A: 11. All contracts and subcontracts (contain) (will contain) clauses required from Title VI Civil Rights Assurances and 49 CFR 23 for Disadvantaged Business Enterprises. YES: X NO. N/A: 12. Appropriate checks (have been) (will be) made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any DOT element and appearing on the DOT Unified List. YES: X NO: N/A: 4 Page 3 of 3 I certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: Dated: February 11, 2009 onsor's orized Repr 671i ve Jack Want City Manager Typed Name and Title of Sponsor's Representative 'SPONSOR CERTIFICATION FOR CONSTRUCTION PROJECT FINAL ACCEPTANCE SPONSOR'S NAME:City of El Segundo AIRPORT:Los Angeles International Airport (LAX_ PROJECT NUMBER: PROJECT DESCRIPTION Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a no response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A". General requirements for final acceptance and close-out of Federally funded construction projects costs are accurate and proper in accordance with specific requirements of the Grant Agreement and contract documents. 1. The personnel engaged in project administration, engineering supervision, and construction inspection and testing (were) (will be) determined to be qualified and competent to perform the work. YES: X NO: NIA: 2. Daily construction records (were) (will be) kept by the resident engineer/construction inspector. These records document work in progress, quality and quantity of materials delivered, test locations and results, instructions provided the contractor, weather, equipment use, labor requirements, safety problems, and changes required. YES: X NO: N/A: 3. Weekly payroll records and statements of compliance (were) (will be) submitted by the prime contractor and reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circulars 150/5100-6 and 150/5100-15). YES: X NO: N/A: 4. Complaints regarding the mandated Federal provisions set forth in the contract documents (have been) (will be) submitted to FAA. YES: X NO: N/A: 5. All tests specified in the plans and specifications (were) (will be) performed and the tests results documented. A summary of test results (has been) (will be) made available to FAA. YES: X NO: N/A: 41 84, Page 2 of 2 6. For any tests results outside allowable tolerances, appropriate corrective actions (were) (will be) taken. YES: X NO: N/A: 7. Payments to the contractor (were) (will be) made in compliance with contract provisions and verified by the sponsor's internal audit of contract records kept by the resident engineer. If appropriate, pay reduction factors required by the specifications (were) (will be) applied in computing final payments and a summary of pay reductions (has been) (will be) made available to the FAA. YES: X NO: N/A: 8. The project (was) (will be) accomplished without significant deviations, changes, or modifications from the approved plans and specifications, except where approval (was) (will be) obtained from FAA. YES: X NO: N/A: 9. A final project inspection (was) (will be) conducted with representatives of the sponsor and the contractor. Project files (contain) (will contain) documentation of the final inspection. YES: X NO:. N/A: 10. Work in the Grant Agreement (was) (will be) physically completed and corrective actions required as a result of the final inspection (were) (will be) completed to the satisfaction of the sponsor. YES: X NO: N/A: 11. The as -built plans and equipment inventory, if applicable, (have been) (will be) submitted to FAA. If requested, a revised airport layout plan (was) (will be) submitted to FAA. YES: X NO: N/A: 12. Applicable close-out financial reports (have been) (will be) submitted to FAA. YES: X NO: N/A: I certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete. Signed: Jack Wayt, City Manager Typed Name and Title of Sponsor's Representative Dated:February 11, 2009 SONSQR CERTIFICATION FOR SELECTION OF CONSULTANTS SPONSOR'S NAME: City of El Segundo AIRPORT:Los Angeles International Airport (LAX) PROJECT NUMBER: PROJECT DESCRIPTION Section 509(d) of the Airport and Airway Improvement Act of 1982, as amended (herein called the Act), authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. Every certified item must be marked. Each certified item with a no response must be fully explained in an attachment to this certification. If the item is not applicable to this project, mark the item "N/A". General procurement standards for consultant services within Federal grant programs are described in 49 CFR 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14. 1. Advertisement (were) (will be) placed to ensure fair and open competition from a wide area of interest. YES: X NO: N/A: 2. For contracts over $25,000, consultants (were) (will be) selected using competitive procedures based on qualifications, experience, and disadvantaged business requirements with the fee determined through negotiation. YES: X NO: N/A: 3. An independent cost analysis (was)(will be) performed, and a record of negotiations (has been) (will be) prepared reflecting the considerations involved in the establishment of fees. YES: X NO: N/A: 4. If engineering or other services are to be performed by sponsor force account personnel, prior approval (was) (will be) obtained from FAA. YES: X NO: N/A: 5. The consultant services contracts clearly (establish) (will establish) the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. YES: X NO: N/A: y Page 2 of 2 a ° 6. Costs associated with work ineligible for AIP funding (are) (will be) clearly identified and separated from eligible items. YES: X NO: N/A: 7. All mandatory contract provisions for grant -assisted contracts (have been) (will be) included in all consultant services contracts. YES: X NO: N/A: 8. if the contract is awarded without competition, pre -award review and approval (was) (will be) obtained from FAA. YES: X NO: N/A: 9. Cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards (were not) (will not be) used. YES: X NO: N/A: 10. If the services being procured cover more than the single grant project referenced in this certification, the scope of work (was) (will be) specifically described in the advertisement, and future work will not be initiated beyond three years. YES: X NO: N/A: I certify that, for the project identified herein, the responses to the foregoing items are correct as marked, and that the attachments, if any, are correct and complete. Signer Jack Want, City Manager Typed Name and Title of Sponsor's Representative Dated: February 11, 2009 4184•16.I Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standards Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. 3. The undersigned shall require that any language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made and entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Signature Dated: February 11, 2009 Ahr's"_'Aut Representative61- Print Name Jack Wayt Title City Manager 1..i t3 4 . STANDARD DOT TITLE VI ASSURANCES �• The City of El Segundo (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without Iimiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(e) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert in the clauses of Attachment I of this assurance in every contract subject to the Act and Regulations. 3. Where federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with federal financial assistance under this Project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of 4184•�.= federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. 8. It agrees that the united States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations; and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest, and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. City of El Segundo Sponsor Signature of Authorized Official C/ February 11, 2009 Dated 84 U.S, Department Federal Aviation Administration 15000 Aviation Boulevard of Transportation Los Angeles Airport District Office Lawndale, CA 90261 Federal Aviation Administration June 2, 2008 Bill Crowe Assistant City Manager City of E1 Segundo 350 Main Street E1 Segundo, CA 90245-0989 Dear Mr. Crowe: Los Angeles International Airport Project No. AIP 3-06-0139-47 Grant Offer The Los Angeles International Airport, Fiscal Year 2008 Airport Improvement Program No. 3-06-0139-47 has been approved. Enclosed are two original copies of the grant offer, under which the United States commits itself to participate in an allowable cost of the project not to exceed $5,000,000. Your acceptance of the grant offer will obligate the city of El Segundo (sponsor) to accomplish the described development. An official of the sponsor shall accept the offer on or before the date specified in paragraph 6, page 2 of the grant offer by signing the enclosed instruments in the space provided. The date of the execution of the grant offer should be the same as, or later than, the date of the resolution. The certificate of sponsor's attorney shall be the same as, or later than, the date of execution. When the documents are fully executed, certified, attested, and appropriate seals impressed, please return one original copy of the grant agreement to this office and keep one original copy for your files. SiZ.. Brmstron Manager, Los Angeles Airport District Office Enclosures U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT Part I - Offer Date of Offer : June 2, 2008 Los Angeles International Airport /Planning Area Project No. 3-06-0139-47 DUNS No. 077-264679 TO: City of El Segundo (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 Project Application dated April 30, 2008 for a grant of Federal funds for a project at or associated with the Los Angeles International Airport/Planning Area 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: Noise mitigation measures for residences within 65-69 DNL in the city of El Segundo (approximately 138 residential units). 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 Title 49, United States Code, as amended, herein called the "Act," 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, 80 percent of those eligible 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 $5,000,000.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose; $ 0.00 for planning $ 5,000,000.00 for airport development or noise program implementation. 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. 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. 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. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 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 June 20, 2008 or such subsequent date as may be prescribed in writing by the FAA. 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. The United States shall not be responsible or liable for darnage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 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. The sponsor will include in every contract a provision implementing this special condition. Page 2 of 4 Pages 10. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted based on estimates for the described airport development or noise program implementation; and the parties hereby covenant and agree that within 90 days from the date of acceptance of this Grant Offer, the Sponsor shall receive bids for the approved project contained within the grant description. 11. No payment shall be made under the terms of this grant agreement for work accomplished on privately owned land until the sponsor submits the agreement with the owner of the property required by Assurance 5d of the Part V Assurances and such agreement is determined to be satisfactory. As a minimum, the agreement with the private owner must contain the following provisions: 11.1, The property owner shall subject the construction work on the project to such inspection and approval during the construction or installation of the noise compatibility measures and after completion of the measures as may reasonably be requested by the Secretary or the sponsor. 11.2. The property owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this grant agreement. Neither the FAA nor the sponsor bears any responsibility for the maintenance and operation of these items. 11.3. If Federal funds for the noise compatibility measures are transferred by the sponsor to the owner of the private property, or the owner's agent, the property owner shall agree to maintain and make available to the Secretary or the sponsor, upon reasonable request, records disclosing the amount of funds received and the disposition of those funds. 11.4. The property owner's right to sue the owner of Los Angeles International Airport for adverse noise impact will be abrogated if the property owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise compatibility measures during the useful life of such measures. This obligation shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed twenty (20) years from the date of the sponsor's acceptance of Federal aid for the project. 12. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for 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 maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation of the United States can be unilaterally 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 costs, FAA may increase the maximum grant obligation of the United States to cover 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 that if, 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. 14. The attached Assurances is incorporated hereto with the Grant Offer and is made a part hereof. Page 3 of 4 Pages 41 84• it ..: 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 5 RICAO FEDERAL VIATION =INISt*ZAT Drian Q�mstrong Manager, Los Angeles Airport D' rict Office Part II - 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 17th (SEAL) day of June, 2008. By: Title: Attest: � Title: Deputy City Clerk City of El Se undo-- _ (Name of S on (Sig ture of Sponsor'sClesio5ated Official Representative) Kelly McDowell (Typed Name of Sponsor's Designated Official Representative) Mayor (Typed Title of Sponsor's Designated Official Representative) CERTIFICATE OF SPONSOR'S ATTORNEY Mark Hensley , 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 El Segundo this 23rd _ day of June, 2008. (Signature of Sponsor's Attorney) Page 4 of 4 Pages ASSURANCES Non -Airport Sponsors Undertaking Noise Compatibility Program Projects A. General. I. These assurances shall be complied with in the performance of grant agreements for noise compatibility projects undertaken by sponsors who are not proprietors of the airport which is the subject of the noise compatibility program. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. Sponsors are units of local government in the areas around the airport which is the subject of the noise compatibility program. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration. The terms, conditions, and assurances, of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired or throughout the useful life of the items installed under the project, but in any event not to exceed twenty (20) years from the date of the acceptance of a grant offer of Federal funds for the project. However, there shall be no time limit on the duration of the terns, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in the assurance. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that - I. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance, and use of Federal funds for this project including but not limited to the following: Federal Legislation. a. Title 49, U.S.C.; subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a). et seq. c. Federal Fair Labor Standards Act - 29 U.S.C. 201 et seq. d. Hatch Act - 5 U.S.C. 1501, et seq. e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.C. 4601, et seq. f. National Historic Preservation Act of 1966 - Section 106 — 16 U.S.C. 470(f). g. Archeological and Historic Preservation Act of 1974 — 469 through 469c. h. Native American Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. Nonairport Sponsor Assurances (3/2005) i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) -- 42 U.S.C. 4012a. 1. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. p. American Indian Religious Freedom Act, P.L. 95-341, q Architectural Barriers Act of 1968 - U.S.C. 4151, et seq. r. Power plant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C.8373. s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. t. Copeland Anti -kickback Act -18 U.S.C. 874. u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. t. Copeland Anti -kickback Act -18 U.S.C. 874. u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity Executive Order 11990 - Protection of Wetlands Executive Order 11998 - Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates. e. 9 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction. g. 41 CFR Part 60 - Office of Federal contract compliance programs, equal employment opportunity, Department of Labor (Federal and Federally - assisted contracting requirements). Nonairport Sponsor Assurances (3/2005) h. 49CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in Federally -assisted programs of the Department of Transportation - effectuation of Title VI to the Civil Rights Act of 1964. k. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition regulation for Federal and Federally assisted programs. 1. 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. in. 49 CFR Part 27 - Non -Discrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. n. 49 CFR Part 29 - Government wide debarment and suspension (non - procurement) and government wide requirements for drug free workplace (grants). o. 49 CFR Part 30 - Denial of public work contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. p. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A-133 - Audits of States, Local Governments, and Non -Profit Organizations. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 3. Sponsor Fund Availability. a. It has sufficient funds available for that portion of the project costs, which are not to be paid by the United States. b. It has sufficient fiords available to ensure operation and maintenance of items funded under the grant agreement, which it will own or control. Nonairport Sponsor Assurances (312005) 4 ' %0 4 . �. . 4. Good Title. For projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not enter into any transaction, or take or permit any action that would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act to acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfere with such perfonnance by the sponsor. This shall be done in a manner acceptable to the Secretary. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other- interests in the property, for which it holds good title and upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement, without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and making binding upon the transferee, all of the terms, conditions and assurances contained in this grant agreement. For all noise compatibility projects, which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that governmental unit. Except as otherwise specified by the Secretary, that agreement shall obligate that governmental unit to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility project. That agreement and changes thereto must be approved in advance by the Secretary. d. For noise compatibility projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near which the project may be located. Nonairport Sponsor Assurances (3/2005) 8. Accounting System, Audit, and Record keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records should be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General no later than six (6) months following the close of the fiscal year for which the audit was conducted. 9. Minimum Wage Rates, It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 10. Veteran's Preference. It shall include, in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in administrative, executive, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 47117 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 11. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be subject to approval by the Secretary and incorporation into the grant agreement. 12. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms with the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an Nonairport Sponsor Assurances (3/2005) 4184. approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 13. Operation and Maintenance. It will suitably operate and maintain noise program implementation items that it owns or controls upon which Federal funds have been expended. 14. Hazard Prevention. It will protect such terminal airspace as is required to protect instrument and visual operations to the airport (uicluding established minimum flight altitudes) by preventing the establishment or creation of future airport hazards on property owned or controlled by it or over which it has land use jurisdiction. Nonairport Sponsor Assurances 3-2005 15. Compatible Land Use. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with nonnal airport: operations, including landing and takeoff of aircraft. In addition, it will not cause or permit any change in land use, within its jurisdiction that will reduce the compatibility, with respect to the airport, of the noise compatibility measures upon which Federal funds have been expended. 16. Reports and Inspections. It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request. It will also make records and documents relating to the project, and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request. 17. Civil Rights. It will comply with such rules as are promulgated, to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap, be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the forrn of personal property or real property interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) The period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) The period during which the sponsor retains ownership or possession of the property. 18. Engineering and Design Services. It will award each contract or subcontract for program management, construction management, planning studies, feasibility studies, Nonairport Sponsor Assurances (3/2005) architectural services, preliminary engineering, design, surveying, mapping, or related services with respect to the project in the same manner as a contract for architectural and engineering services as negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor. 19. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 20. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. C. Land shall be considered to be needed for ail -port purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an Nonairport Sponsor Assurances (3/2005) airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 21. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subparts D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 22. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and perfonnance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26, and may, in appropriate cases refer the matter for enforcement under 18 U.S.C. 100I and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). Nonairport Sponsor Assurances (312005) a U.S. Department of Transportation Federal Aviation Administration September 2, 2008 Western -Pacific Region Los Angeles Airport District Office Jack Wayt Interim City Manager City of E1 Segundo 350 Main Street E1 Segundo, CA 90245-0989 Dear Mr. Wayt: Los Angeles International Airport Project No. AIP 3 06--0139-52 Grant Offer 15000 Aviation Boulevard Lawndale, CA 90261 The Los Angeles International Airport, Fiscal Year 2008 Airport Improvement Program No. 3-06-0139-52 has been approved. Enclosed are three original copies of the grant offer, under which the United States commits itself to participate in an allowable cost of the project not to exceed $5,000,000. Your acceptance of the grant- offer will. obligate the city of El Segundo (sponsor) to accomplish the described development. An official of the sponsor shall accept the offer on or before September 5, 2008 by signing the enclosed instruments in the space provided. The date of the execution of the grant offer should be the same as, or later than, the date of the resolution. The certificate of sponsor's attorney shall be the same as, or later than, the date of execution. When the documents are fully executed, certified, attested, and appropriate seals impressed, please return two original copies of the grant agreement_ to this office and keep one original copy for your files. _ Sincerely, � -k-2_. q Ruben Cabalbag Assistant Manager, Los Ange es Airport District Office enclosures 1 U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT Part I - Offer Date of Offer: September 2, 2008 Los Angeles International Airport /Planning Area Project No. 3-06-0139-052-2008 DUNS No. 077-264679 TO: City of El Segundo (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 Project Application dated July 24, 2008 for a grant of Federal funds for a project at or associated with the Los Angeles International Airport/Planning Area 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: Noise mitigation measures for residences within 65-69 DNL in the city of El Segundo (approximately 120 residential units). all as more particularly described in the Project Application. Page 1 of 4 Pages 4184•,.4 NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called the "Act," 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, 80 percent of those eligible project costs. The Offer Is made on and subject to the following terms and conditions: Conditions The maximum obligation of the United States payable under this offer shall be $5,000,000.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $ 0.00 for planning $ 5,000,000.00 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 5, 2008 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. 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. The sponsor will include in every contract a provision implementing this special condition. Page 2 of 4 Pages 10. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted based on estimates for the described airport development or noise program implementation; and the parties hereby covenant and agree that within 90 days from the date of acceptance of this Grant Offer, the Sponsor shall receive bids for the approved project contained within the grant description. 11. No payment shall be made under the terms of this grant agreement for work accomplished on privately owned land until the sponsor submits the agreement with the owner of the property required by Assurance 5d of the Part V Assurances and such agreement is determined to be satisfactory. As a minimum, the agreement with the private owner must contain the following provisions; 11.1. The property owner shall subject the construction work on the project to such inspection and approval during the construction or installation of the noise compatibility measures and after completion of the measures as may reasonably be requested by the Secretary or the sponsor. 11.2. The property owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this grant agreement. Neither the FAA nor the sponsor bears any responsibility for the maintenance and operation of these items. 11.3. If Federal funds for the noise compatibility measures are transferred by the sponsor to the owner of the private property, or the owner's agent, the property owner shall agree to maintain and make available to the Secretary or the sponsor, upon reasonable request, records disclosing the amount of funds received and the disposition of those funds. 11.4. The property owner's right to sue the owner of Los Angeles International Airport for adverse noise impact will be abrogated if the property owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise compatibility measures during the useful life of such measures. This obligation shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed twenty (20) years from the date of the sponsor's acceptance of Federal aid for the project. 12. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for 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 maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation of the United States can be unilaterally 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 costs, FAA may increase the maximum grant obligation of the United States to cover 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 that if, 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. 14. The attached Assurances is incorporated hereto with the Grant Offer and is made a part hereof. Page 3 of 4 Pages Thb a&6pfance 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 FEDEW AVIATION ADMINISTRATION Ruben Cabalbag Assistant Manager, Los Angeles Airpo istrict 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. 157 Executed this /0A day of September, 2008. By: (SEAL) Title: Atte Title: City of Ell Segundo (Name of S r) 1. (Signature of esign Mcial Representative) Kelly McDowell (Typed Name of Sponsors. Designated Official Representative) Mayor (Typed Title of Sponsor's Designated Official Representative) CERTIFICATE OF SPONSORS ATTORNEY Mark Hensley , 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. El Segundo Dated at this end day of September, 2008. C (S nature of Sponsor's orney) Page 4 of 4 Pages LN U.S. Department of Transportation Federai Aviation Administration March 2, 2009 Western -Pacific Region Los Angeles Airport District Office Jack Wayt City Manager City of E1 Segundo 350 Main Street El Segundo, CA 90245-0989 Dear Mr. Wayt: Los Angeles International Airport Project No. AIP 3-06-0139-056-2009 Grant Offer 15000 Aviation Boulevard Lawndale, CA 90261 The Los Angeles International Airport, Fiscal Year 2009 Airport Improvement Program No. 3-06-0139-056-2009 has been approved. Enclosed are three original copies of the grant offer, under which the United States commits itself to participate in an allowable cost of the project not to exceed $2,790,345.00. Your acceptance of the grant offer will obligate the city of E1 Segundo (sponsor) to accomplish the described development. An official of the sponsor shall accept the offer on or before March 3, 2009 by signing the enclosed instruments in the space provided. The date of the execution of the grant offer should be the same as, or later than, the date of the resolution. The certificate of sponsor's attorney shall be the same as, or later than, the date of execution. When the documents are fully executed, certified, attested, and appropriate seals impressed, please return two original copies of the grant agreement to this office and keep one original copy for your files. Sincerely, Brian Q. Armstron Manager, Los Angeles Airport District Office Enclosures U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT Part I - Offer Date of Offer: March 2, 2009 Los Angeles International Airport /Planning Area Project No. 3-06-0139-056-2009 TO: City of El Segundo (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 Project Application dated February 11, 2009 for a grant of Federal funds for a project at or associated with the Los Angeles International Airport/Pianning Area 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: Noise mitigation measures for residences within 65-69 DNL in the city of El Segundo (approximately 70 dwelling units). all as more particularly described in the Project Application. Page 1 of 4 Pages 4 1 8 4- ,- 11 .,: NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called the "Act," and in consideration of (a) the Sponsors 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, 80 percent of those eligible project costs. The Offer is made on and subject to the following terms and conditions. - Conditions The maximum obligation of the United States payable under this offer shall be $2,790,345.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $ 0.00 for planning $ 2,790,345.00 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. 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 March 3, 2009 or such subsequent date as may be prescribed in writing by the FAA. 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. 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. 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. The sponsor will include in every contract a provision implementing this special condition. Page 2 of 4 Pages 10. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted based on estimates for the described airport development or noise program implementation; and the parties hereby covenant and agree that within 90 days from the date of acceptance of this Grant Offer, the Sponsor shall receive bids for the approved project contained within the grant description. 11. No payment shall be made under the terms of this grant agreement for work accomplished on privately owned land until the sponsor submits the agreement with the owner of the property required by Assurance 5d of the Part V Assurances and such agreement is determined to be satisfactory. As a minimum, the agreement with the private owner must contain the following provisions: 11.1. The property owner shall subject the construction work on the project to such inspection and approval during the construction or installation of the noise compatibility measures and after completion of the measures as may reasonably be requested by the Secretary or the sponsor. 11.2. The property owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this grant agreement. Neither the FAA nor the sponsor bears any responsibility for the maintenance and operation of these items. 11.3. If Federal funds for the noise compatibility measures are transferred by the sponsor to the owner of the private property, or the owner's agent, the property owner shall agree to maintain and make available to the Secretary or the sponsor, upon reasonable request, records disclosing the amount of funds received and the disposition of those funds. 11.4. The property owner's right to sue the owner of Los Angeles International Airport for adverse noise impact will be abrogated if the property owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise compatibility measures during the useful life of such measures. This obligation shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed twenty (20) years from the date of the sponsor's acceptance of Federal aid for the project. 12. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for 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 maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000,00 or five percent (5%), whichever is greater, the maximum obligation of the United States can be unilaterally 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 costs, FAA may increase the maximum grant obligation of the United States to cover 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 that if, 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. 14. The attached Assurances is incorporated hereto with the Grant Offer and is made a part hereof. 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 FEDERAL AVIATION Brian Q. Armstfong Manager, Los Angeles Airport Dist ct Office Part II - 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 Ld day of March, 2009. By: (SEAL) Title: Attest: OAA3;� 641�� IV Title: 1ea-e CASl�- sor) (Signature Of Sponsor's Des Kelly McDowell (Typed Name of Sponsor's Designat Icial Representative) Mayor (Typed Title of Sponsor's Designated Official Representative) CERTIFICATE OF SPONSOR'S ATTORNEY Mark Hensley 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 city of E1 Segundo this 3rd day of March, 2009. (Signature of Sponsor's Attorney) Page 4 of 4 Pages