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HomeMy WebLinkAbout2022-06-13 22-212 ResolveCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 MaineDOT use only AMS ID: 20220608000000000650 CSN: 44023 MaineDOT PROGRAM: Multimodal Program MAINE DEPARTMENT OF TRANSPORTATION Agreement for a Federal -aid Locally Administered Project With the City of Bangor Regarding Resurfacing of a Portion of Hogan Road Total Amount: $477,000.00 Federal Share: $381,600.00 State Share: $95,400.00 Effective Date: 6/8/2022 Expiration Date: 6/30/2024 Locally Administered Project— Federal Funds (Payable) MaineDOT WIN: 024131.00 State Vendor ID: VC1000007010 Federal Project #: 2413100 Federal Unique Entity ID: MLLMBKS2LVQ5 Federal CFDA #: 20.205 This agreement for a federal -aid project (the Agreement) is entered into by and between the Maine Department of Transportation (MaineDOT), an agency of state government with its headquarters located at 24 Child Street in Augusta, Maine, and the City of Bangor (the City), a municipal corporation organized and existing under the laws of the State of Maine, with its principal administrative offices located at 40 Harlow Street in Bangor, Maine. (MaineDOT and the City are referred to collectively are the Parties and individually as a Party.) RECITALS A. This Agreement shall apply to pavement preservation on a section of Hogan Road, consisting of a mill -and -fill starting at the intersection of Route 2 and extending north about 0.44 mile (the Project); and B. MaineDOT administered the preliminary engineering and right-of-way stages of the Project through the milestone of final Plans, Specifications & Estimate (PS&E); and C. At the request of MaineDOT, the City shall administer the construction and construction engineering stages of the Project as a Locally Administered Project, subject to MaineDOT oversight pursuant to 23 CFR Part 635.105 "Supervising agency" to ensure that all requirements of this Agreement are met. AGREEMENT NOW, THEREFORE, in consideration of the foregoing statements, the Parties agree to the following: APPENDICES ® Federal Funding Accountability and Transparency Act Form (signature required); ® Federal Title VI Assurances (signature required). Agreement for a Federal -aid Locally Administered Project Page I of 8 DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 ROLES AND RESPONSIBILITIES ROLE OF CITY. The City shall assign a full-time employee with appropriate qualifications and Local Project Administration (LPA) certification from MaineDOT to be responsible for the Project. This local project administrator shall abide by the latest edition of MaineDOT's Local Project Administration Manual & Resource Guide (LPA Manual). If this certified administrator ceases to oversee the Project, the City shall notify MaineDOT. ❑ Local Project Administrator: Ted Trembley, Design Engineer Email: ted.trembley@bangormaine.gov Phone: 207-992-4251 2. ROLE OF MAINEDOT. MaineDOT will assign a Project Manager to carry out the State of Maine's responsibilities. The Project Manager or designee will have the authority to request design changes to meet applicable laws, regulations and design standards; accept and reject invoices; inspect construction activities; and take all other action to assure the proper performance of this Agreement. ❑ Project Manager: Dan Loring, Multimodal Program Email: Daniel.M.Loring@maine.gov Phone: 207-624-3451 FINANCIAL OBLIGATIONS PROJECT COST. The estimated Project Cost is $477,000.00, which the Parties shall share as set out below. If the actual cost of the Project is less than this estimated Project Cost, the final amounts owed will be pro -rated based on the percentages. A. FEDERAL SHARE. MaineDOT will contribute federal funds to the Project Cost at the rate of 80 percent, up to a maximum contribution at this rate of $381,600.00. B. STATE SHARE. MaineDOT will contribute state funds to the Project Cost at the rate of 20 percent, up to a maximum contribution at this rate of $95,400.00 C. LOCAL MATCH. The City shall have no local matching share. The City, however, may be fully responsible for the following: i. All costs exceeding $477,000 that are incurred without an executed modification in place increasing the total amount of this Agreement; ii. Any costs that, as a result of action taken by the City without MaineDOT's written approval, are determined by the Federal Highway Administration (FHWA) to be federally non -participating. 2. REIMBURSEMENT. The City shall submit to MaineDOT progress invoices for reimbursement of the federal share of costs incurred, at least every six months. Invoices shall be modeled after Letter 4 from the LPA Manual and shall meet the following requirements: A. Each invoice shall include a progress report for the service period of the invoice. B. Each invoice shall include enough backup to satisfy the MaineDOT Project Manager. C. Each invoice shall show MaineDOT's and the City's portions of Project costs, including a running total of costs invoiced to date. Agreement for a Federal -aid Locally Administered Project Page 2 of 8 DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 D. The City must certify that amounts claimed are correct and not claimed previously. E. Upon completion of the Project and payment in full of all contracted parties, the City shall submit to MaineDOT a final invoice modeled after Letter 20 from the LPA Manual. Payment shall be contingent on a passing inspection of the Project by MaineDOT and receipt by MaineDOT of completed consultant and contractor evaluations from the City. 3. TERM. All provisions of this Agreement —except for those provisions that by their very nature are intended to survive — shall expire upon satisfactory completion of all terms of this Agreement or June 30, 2024, whichever occurs first. The City shall submit any request for a time extension to MaineDOT in writing before the expiration of this Agreement. 4. MAINEDOT COSTS. MaineDOT will charge to the Project costs incurred for construction inspection and materials testing services performed on the Project, as applicable. The City shall share in these costs commensurate with its percentage share of the Project. At a minimum, MaineDOT will reconcile these costs upon completion of the Project and deduct the City's share of them from the final reimbursement payment for the Project. 5. REPAYMENT. If the City withdraws from the Project, the City shall refund all progress payments from MaineDOT and reimburse MaineDOT for all costs incurred on the Project, within 30 days of receipt of an invoice from MaineDOT for the same. 6. STATE RIGHTS OF SET-OFF. MaineDOT shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State of Maine's option to withhold for the purposes of set-off monies due to the City under a specific project contract up to any amounts due and owed to MaineDOT regarding this Agreement, and any other agreement/contract with any State of Maine department or agency, including any agreement/contract for a term commencing before the term of this Agreement. MaineDOT shall exercise its set-off rights in accordance with normal state practices including, in cases of set-off pursuant to an audit, the finalization of the audit by MaineDOT, its representatives or the State Controller. MaineDOT reserves the right to withhold or reduce Local Road Assistance payments for purposes of set-off to recover any amount owed. 7. OBLIGATION OF FUNDS. Notwithstanding anything herein to the contrary, the City acknowledges and agrees that although the execution of this Agreement manifests MaineDOT's intent to honor its terms and to seek funding to fulfill MaineDOT's obligations arising hereunder, such obligations by law are subject to available budgetary appropriations by the Federal Government and the Maine Legislature and, therefore, this Agreement creates no obligation on behalf of MaineDOT in excess of such appropriations. PROJECT DEVELOPMENT 1. PROGRESS UPDATES. The City shall provide MaineDOT with regular, written progress updates. 2. HIRING CONSULTANTS. If the City intends to hire a consultant with funds from MaineDOT, the City shall use a qualifications -based selection in accordance with 23 CFR part 172 and Chapter 2 of the LPA Manual, "Hiring Consultants," as set out below. A. Using price as a ranking factor shall make consultant work ineligible for reimbursement. Agreement for a Federal -aid Locally Administered Project Page 3 of 8 DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 B. The City shall obtain MaineDOT's written approval of any contract or contract modification. Work performed without such approval shall be ineligible for reimbursement. C. Applicable provisions of MaineDOT's Consultant General Conditions shall govern such work. D. The City shall fill out a standard Consultant Evaluation Form upon completion of its contract with any consultant. A copy of the completed form shall be provided to MaineDOT. 3. DESIGN. MaineDOT developed all design plans, specifications and contract documents for the Project in accordance with all applicable laws, regulations, engineering standards and specifications. 4. PUBLIC PARTICIPATION. MaineDOT carried out the public involvement process for the Project. 5. NEPA PROCESS. MaineDOT carried out the National Environmental Policy Act (NEPA) compliance process for the Project and obtained all environmental approvals and permits. 6. UTILITY COORDINATION. MaineDOT handled utility coordination and provided the required Utility Certification for the Project. 7. RIGHT-OF-WAY. MaineDOT carried out all right-of-way activities required for the Project, including the preparation of a required right-of-way certification. BIDDING THE PROJECT. The City shall advertise for competitive bids for the Project upon receiving written authorization from MaineDOT. The bidding process shall follow the procedures in the latest edition of MaineDOT's Standard Specifications, Section 102, "Bidding." Advertising without authorization from MaineDOT shall make the Project ineligible for federal funding. 9. AWARDING A CONTRACT. Upon receiving written approval from MaineDOT, the City shall award a contract to the lowest responsive/responsible bidder in accordance with the latest edition of MaineDOT's Standard Specifications, Section 103, "Award and Contracting." A. Negotiation with any bidder, after bids are opened and before a contract is awarded, is prohibited under federal regulation 23 CFR Part 635.113. In the event of such negotiation, MaineDOT will have just cause to find the City to be in default of this Agreement. B. The City shall administer the construction contract for the duration of the Project. 10. CONSTRUCTION OVERSIGHT. During construction of the Project, the City shall: A. Provide a Resident to document and inspect the work who is either a qualified municipal employee or a pre -qualified consultant hired through a qualifications -based selection. B. Hold a pre -construction meeting and a separate pre -pave meeting. C. Provide a paving inspector and a concrete technician, with required certifications, to be on site for paving and concrete work. (This may be the same person, if appropriately certified.) D. Coordinate materials testing to comply with the Minimum Testing Requirements that MaineDOT will establish for the Project, as follows: i. An independent, accredited laboratory shall be used to test all aggregates, if applicable; ii. Pavement and concrete shall be tested at the closest MaineDOT lab. Agreement for a Federal -aid Locally Administered Project Page 4 of 8 DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 E. Submit proposed contract modifications (change orders) to MaineDOT for review and concurrence. MaineDOT may deny reimbursement to the City for work performed under a modification executed without MaineDOT's concurrence. F. Provide as -built plans to MaineDOT, if applicable, upon completion of the Project. 11. FINAL INSPECTION. MaineDOT will inspect the completed Project for compliance with the design plans, specifications and provisions of the construction contract. MaineDOT reserves the right not to reimburse the City for work determined to be out of such compliance. MAINTENANCE If applicable, the City shall be responsible for maintenance inside an Urban Compact Area, in accordance with Maine law: Title 23 MRSA, §754, "Town maintenance in compact areas." This section shall survive the expiration of this Agreement. PROJECT RECORDS 1. PROJECT RECORDS. Project Records, whether printed or electronic, shall include all plans, specifications, contracts, reports, notes, or other documents prepared by or for the City. The City shall retain all such Project Records for at least 3 years from the date of MaineDOT's acceptance of the final invoice for the Project or the termination of this Agreement, whichever is sooner. If any litigation, claim, negotiation or audit has begun before the end of this retention period, all Project Records shall be kept for at least 3 years after the claim or litigation is resolved.. 2. ACCESS. The City and any contracted party working on its behalf shall allow representatives of the Federal Government and the State of Maine to inspect and audit Project Records. Copies shall be furnished at no cost to the federal or state agencies requesting them. 3. AUDITS. Project audits comply with Title 2 of the Code of Federal Regulations, Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." 4. This Project Records section shall survive the termination or expiration of this Agreement. GENERAL PROVISIONS 1. LEGAL COMPLIANCE. This Agreement shall be construed under the laws of the State of Maine. During the performance of this Agreement, the Parties agree to comply with and abide by all applicable federal, state and local laws, statutes, rules, regulations, standards and guidelines; avoid hindering each other's performance; fulfill all obligations diligently; and cooperate in achieving the intent of this Agreement. 2. INDEMNIFICATION. To the extent permitted by law, the City shall indemnify and hold harmless the State of Maine, its agents, employees and contractors from all claims, suits or liabilities arising from any negligent or wrongful act, error or omission by the City, its agents, employees or contractors. Nothing herein shall waive any defense, immunity or limitation of liability that may be available to either Party under the Maine Tort Claims Act (14 M.R.S. Section 8101 et seq.) or any other privileges or immunities provided by law. This Indemnification section shall survive the termination or expiration of this Agreement. Agreement for a Federal -aid Locally Administered Project Page 5 of 8 DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 3. CONFIDENTIALITY. The Parties agree that information pertaining to detailed construction cost estimates shall be kept confidential pursuant to the provisions of state law: 23 M.R.S.A., § 63. 4. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement: A. The City shall not discriminate against any employee or applicant for employment relating to this Agreement because of race, color, religious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation, unless related to an actual occupational qualification. The City shall take affirmative action to assure that applicants are employed, and that employees are treated during their employment, without regard to their race, color, religion, sex, age, national origin, physical or mental disability, or sexual orientation. The City agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this section. B. The City — in all solicitations or advertising for employees placed by or on behalf of the City relating to this Agreement — shall state that all qualified applicants shall receive consideration for employment without regard to race, color, religious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation. C. The City shall cause the foregoing provisions to be inserted into any contract for work covered by this Agreement so that such provisions shall be binding upon each contractor, except for contracts or subcontracts for standard commercial supplies or raw materials. 5. FLOW DOWN. Contracts between the City and all third parties shall contain or incorporate by reference applicable provisions of this Agreement. 6. ASSIGNMENT. No assignment of this Agreement is contemplated, and in no event shall any assignment be made without MaineDOT's express written permission. 7. AMENDMENT AND MODIFICATION. This Agreement may only be modified or amended in writing and signed by duly authorized representatives of both Parties. BINDING EFFECT. The Parties shall be bound by the terms of this Agreement. This requirement shall apply to its executors, their successors, administrators and legal representatives. 9. INDEPENDENT CAPACITY. The City, its employees, agents, representatives, consultants and contractors shall not act as officers, employees or agents of MaineDOT. 10. ENTIRE AGREEMENT. This document represents the entire Agreement between the Parties. Neither MaineDOT nor the City shall be bound by any statement, correspondence, agreement or representation not expressly contained in this Agreement. CONFLICTS OF INTEREST 1. No officer, employee or agent of the City with a financial or other personal interest in any contract or subcontract for the Project shall participate in the selection, award or administration of any such contract or subcontract. 2. No professional performing services for the City on the Project shall have a financial or other personal interest in any contract or subcontract for the Project, other than the person's employment or retention by the City. No officer or employee of any professional performing services for the City on the Project shall have a financial or other personal interest in real property acquired for the Project, unless the interest is openly disclosed, and such officer or employee has not participated in acquisition for and on behalf of the City. Agreement for a Federal -aid Locally Administered Project Page 6 of 8 DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 3. No person or entity entering into a contract for services for the Project shall have a financial or other interest in the Project or in its outcome, other than the performance of the contract. This prohibition covers the following: A. Any agreement with, or other interest involving, third parties having an interest in the outcome of the Project that is the subject to the contract; and B. Any agreement providing incentives or guarantees of future work on the Project or related matters; and C. Any interest in real property acquired for the Project unless such real property interest is openly disclosed before the person or entity enters into the contract. DEBARMENT By signing this Agreement, the City certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. If the City is unable to certify to this statement, it shall attach an explanation to this Agreement. During the term of this Agreement, the City shall notify MaineDOT promptly if it is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any federal department or agency. 2. In all solicitations for contracted work on the Project, the City shall require all consultants and contractors to certify that they: A. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from bidding or working on contracts issued by any governmental agency. B. Have not within the three years preceding the date of such a contract been convicted of a crime or had a civil judgment rendered against them regarding obtaining, attempting to obtain, or performing a federal, state or local public transaction or contract under a public transaction; violation of antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not indicted for or otherwise criminally or civilly changed by any governmental agency with commission of any of the offenses enumerated in this section; and D. Have not within a three-year period preceding this Agreement had one or more federal, state or local public transactions terminated for cause or default. LOBBYING By signing this Agreement, the undersigned municipal representative certifies that no federal appropriated funds have been paid or will be paid, by or on behalf of the Municipality, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, concerning 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. Agreement for a Federal -aid Locally Administered Project Page 7 of 8 DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 DEFAULT AND TERMINATION 1. DEFAULT. MaineDOT reserves the right to send the City a written Notice of Default if the City commits any of the following actions: A. Takes any action that makes the Project ineligible for federal funding; B. Uses Project funds for a purpose not authorized by this Agreement; C. Misrepresents or falsifies any claim for reimbursement; D. Fails to meet the standards of performance outlined in this Agreement. 2. TERMINATION FOR CAUSE. MaineDOT will have just cause to terminate this Agreement in the event of default by the City, as defined above. MaineDOT will afford the City a 14-day cure period effective on the City's receipt of Notice of Default. If the City fails to address all defaults within this cure period or any longer period as MaineDOT may authorize, MaineDOT may terminate this Agreement for cause by written Notice of Termination, with these conditions: A. MaineDOT will recover from the City all reimbursements and MaineDOT's internal costs for work on the terminated Project. B. The City shall forfeit all federal funds remaining in the terminated Project. 3. TERMINATION FOR CONVENIENCE. The Parties may terminate this Agreement for convenience by mutual consent for any reason not defined as "default." MaineDOT, at its sole discretion, may reimburse the City for eligible work performed on the Project until the effective termination date. The City's share of MaineDOT's internal costs for work on the Project shall be deducted from the final invoice amount owed to the City. AGREEMENT APPROVAL The City represents that it has received all approvals or authorizations by its governing authorities necessary to enter into this Agreement and that it commits to appropriate the necessary funds to satisfy its obligations identified herein. IN WITNESS WHEREOF, the Parties, by their duly authorized representatives, have executed this Agreement effective on the date last signed below. City of Bangor DocuSigned by: �t,WG (Awit, B V : 5235FD F EB8CO40A... Debbie Laurie, City Manager Date: 6/8/2022 Maine Department of Transportation FD�o euSigned by:Y. L-02 56A01BE8B5514CE Richard J. Crawford, P.E., Director Bureau of Project Development Date: 6/8/2022 * Pursuant to 10 M.R.S.A. §9502, et seq., I certify that the foregoing electronic signature: (a) is intended to have the same force as my manual signature, (b) is unique to me, (c) is capable of verification, (d) is under my control, and (e) is linked to data in such a manner that it is invalidated if the data are changed. Agreement for a Federal -aid Locally Administered Project Page 8 of 8 DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 Federal Funding Accountability and Transparency Act The City of Bangor and its contractors may be subject to the provisions of the Federal Funding Accountability and Transparency Act of 2006 as amended and any regulations, policies, procedures and guidance documents adopted pursuant thereto or in connection therewith. If the Federal portion of the Project exceeds $25,000, an authorized representative from the City shall sign this document under (B) below and return it with the Project Agreement. Additionally, the City shall provide the following information, if applicable: A) The total compensation and names of the top five officers if: More than 80% of the City's annual gross revenues are from the U.S. Federal Government; and 0 Those revenues are greater than $25 million annually; and Compensation information is not already available through reporting to the U.S. Securities and Exchange Commission (SEC). B) Legal name and DUNS" number on file with the Central Contractor Registration (CCR): City of Bangor, Maine MLLMBKS2LVQ5 Sign and Print Legal CCR Name Unique Entity ID DocuSigned by: [5235FDFEB8CO40A...tWG l"""�`t, Authorized Representative: Debbie Laurie, City Manager Federal Funding Accountability and Transparency Act Disclosure Page I of I DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 U.S. Department of Transportation (USDOT) Federal Hi2hwav Administration — Standard Title VI / Nondiscrimination Assurances DOT Order No. 1050.2A The City of Bangor (the Recipient) AGREES THAT, as a condition of receiving Federal financial assistance from the U.S. Department of Transportation (USDOT) through the Federal Highway Administration (FHWA), it is subject to and will comply with the following: Statutory/Regulatory Authorities Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), which prohibits discrimination based on race, color, national origin; 0 49 C.F.R. Part 21 (entitled Nondiscrimination in Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of The Civil Rights Act of 1964); 0 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory citations are referred to hereinafter as the "Acts" and "Regulations" respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to assure that: "No person in the United States shall, on the grounds 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 Recipient receives Federal financial assistance from the USDOT, including the FHWA. " The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other nondiscrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973) by restoring the broad, institutional -wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its federally assisted Federal -aid Highway Program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in § § 21.23 (b) and 21.23 (e) of 49 C.F.R. § 21 will be (regarding an "activity facilitated, or will be (regarding a "facility operated, or will be (regarding a "program conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests for Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal -Aid Highway Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: Title VI Assurances, City of Bangor Page I DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 "The City of Bangor, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively assure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. If applicable, the Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. If applicable, the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient 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 Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement regarding any matter arising under the Acts, the Regulations, and this Assurance. Title VI Assurances, City of Bangor Page 2 DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 By signing this ASSURANCE, the City of Bangor also agrees to comply (and require any sub - recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the FHWA and USDOT access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the FHWA and USDOT. You must keep records, reports, and submit the material for review upon request to the FHWA and USDOT, or their designees, in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The City of Bangor gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal and Federal financial assistance extended after the date hereof to the recipients by the USDOT under the Federal -Aid Highway Program. This ASSURANCE is binding on the State of Maine, other recipients, sub - recipients, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Federal -Aid Highway Program. The person signing below is authorized to sign this ASSURANCE on behalf of the Recipient. City of Bangor by: [DacuSigned t bkft (A.0 it,. By 5235FDFEBSCa40A... Debbie Laurie, City Manager DATED 6/8/2022 Encl.: Appendices A-E Title VI Assurances, City of Bangor Page 3 000uSignEnvelope ID: aEoo4Foo-44E4-4o14+AoD7-EnaoEcFo71co During the performance nfthis contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regukations� The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimin,ation in FederaIlly-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FWHA), a,s they may be amended from time to time,, which are herein incorporated by reference and made a part of this contract. I. Non-discrimination: The contractor, with regard hmthe work performed by it during the contract, will not discriminate on the grounds ofrace, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the ~ Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements pfMaterials and Equipment: In all solicitations, either by competitive bidding, or negotiation, made by the contractor for work tm be performed under a subcontract, including procurements nfmaterials, orleases nf equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts the Regulations, and directives issued pursuant thereto and will permit access tmits books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession nfanother who fails mrrefuses tofurnish the information, the contractor will sn certify tmthe Recipient or the FHWA, as appropriate, a:nd willl set forth what efforts it has made toobtain the information. 5. Sanctions for Noncompliance: |mthe event ofacontractor's noncompliance with the Non discrimination provisions, of this contract, the Recipient will impose such contract sanctions as it urthe F9N0Amay determine tmbeappropriate, including, but not limited to: withholding payments,tothemntractorunderthemmtractwnU|thecontractormmmp|ies; and/or cancelling, terminating, orsuspending acomtnact, inwhole grinpart. 6. Incorporation mfProvisions: The contractor will include the provisions ofparagraphs one through six inevery subcontract, including procurements mfmaterials and leases ofequipment, unless exempt by the Acts, the Regulations aind directives issued pursuant thereto. The contractor will take action with respect toany subcontract orprocurement aathe Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for 000uSignEnvelope ID: aEoo4Foo-44E4-4o14+AoD7-EnaoEcFo71co noncompliance. Provided, that if the contractor becomes involved in, or is, threatened with litigation by a subcontractor, or supplier because of such, direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the Maine Department of Transportation will accept title to the lands and maintain the project constructed thereon in accordance with 23 U.S. Code § 107, the Regulations for the Administration of the Federal Aid Highway Program, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the City of Bangor all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto City of Bangor and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the City of Bangor, its successors and assigns. The City of Bangor, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the City of Bangor will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above -mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the City of Bangor pursuant to the provisions of Assurance 7(a). A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her 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. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, City of Bangor will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the City of Bangor will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the City of Bangor and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3 APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the City of Bangor pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her 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 ground of race, color, or national origin, will 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 ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non discrimination covenants, the City of Bangor will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the City of Bangor will there upon revert to and vest in and become the absolute property of the City of Bangor and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 000uSignEnvelope ID: aEoo4Foo-44E4-4o14+AoD7-EnaoEcFo71co During thepevfonnaince of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred toas the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: � Title \8ofthe Civil Rights Act ofl964(4JU.S1, §2OUOdetyeq,78stat.ZS2[(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. m The Uniform Relocation Assistance and ReaUProperty Acquisition Policies Act mf1970,(42U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired' because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act uf1973,(230.S.C.§3Z4e1seq.),(prohibits discrimination, onthe basis of sex); w Section 5O4ofthe Rehabilitation Act nf 1973,(29U.5.C.§794etseq.),asamended, (prohibits discrimination mnthe basis ofdisabMity);and 49 CFRPart Z7; • The Age Discrimination Act of1975,asamended, (42U.S.[§G101etseq.),(prohibits d|scrimina1inmonthe basis ufage); • Airport and Airway Improvement Act of1982,(49 U3C6471,Section 47123),amamended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act uf19O7,(PL1O0-2O9), (Broadened the scope, coverage and applicability ofTitle V|ofthe Civil Rights Act mf 1964,The Age Discrimination Act of1975and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms '^prograrnuoractivities"toindudeaUoftbepnngramnymrartividesofthe Federal -aid recipients, sub'redpinntyandcontractons,vwhe1hersuchprognannsn/mctivhjesareFedera|h/fondedor not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of publ:ic entities, public and private transportation systems, places of public accommodation, and certain testing entities /420.S.C.§§12131'1218B\as implemented byDepartment ofTransportation regulations a149 C.F.R.parts 37and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C.§47123)(prohibits discrimination on the basis ofrace, color, national origin, and sex); • Executive Onder12Q8O, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, nationail origin discrimination includes discrimination, because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps V)ensure that LEP persons have meaningful access toyour programs /70 Fed. Reg. at74887to741Q0\; • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.&C, 1681 et seq). IN CITY COUNCIL JUNE 13, 2022 CR 22-212 Passed CITY CLERK