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Home My WebLink About2024-07-22 24-227 OrderCITY 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: 24-227 �,�,��. JULY 22,2024 � �, �au��.�rs��a�� r 'e �� „ AMS ID: CSN: MaineDOT PROGRAM: Multimodal Program LocallyAdministered Project(PayableJ Tota1 Amount: $792,172.00 MaineDOT WIN: 28458.00 Federal Share: $633,737.60 Federal Project#: 2845800 Local Match: $158,434.40 Bangor Vendor ID: VC1000007010 Effective Date: Bangor Unique Entity ID: MLLMBKS2LVQ5 Expiration Date: 12/31/2028 Federal Assistance Listing#: 20.205 Note: The table above is included herein for administrative purposes only.It is not part of the agreement below. MAINE DEPARTMENT OF TRANSPORTATION Agreement for a Federally Funded Locally Administered Project With the City of Bangor Regarding New Sidewalk on Mt. Hope Avenue This subaward agreement for a federal-aid project (Agreement) is entered into by and between the Maine Department of Transportation (MaineDOT), a state government agency with its headquarters located at 24 Child Street in Augusta, Maine, and a mailing address of 16 State House Station, Augusta, ME 04333-0016; and the City of Bangor(the City), a municipal corporation organized and existing under the laws of Maine, with its principal offices located at 40 Harlow Street in Bangor, Maine, and a mailing address of the same. (MaineDOT and the City are referred to collectively as the Parties and individually as a Party.) RECITALS A. SCOPE OF WORK. This Agreement shall apply to design, right of way, and construction work for a new sidewalk along Mt. Hope Avenue, starting at Saratoga Avenue and continuing northeasterly for about 2,065 feet to a trail leading to Eastern Maine Community College (the Project); and B. FUNDING AWARD. MaineDOT in 2024 awarded the City federal-aid funding for the Project; and C. ROLE OF CITY. The City, unless otherwise specified herein, shall carry out the work as a Locally Administered Project(LAP) subject to the policies and procedures in the MaineDOT Local Project Administration Manual & Resource Guide (LPA Manual) and MaineDOT's oversight under Title 23 USC §106(g)(4) and Title 23 CFR part 635.105. AGREEMENT NOW, THEREFORE, in consideration of the foregoing statements, the Parties agree to the following: 1. APPENDICES � Funding award letter and response; and � Federal Title VI Assurances. Agreement Bangor WIN 028458.00,Mt. Hope Avenue Sidewalk Page I of IO 24-227 JULY 22,2024 2. PROJECT MANAGEMENT 2.1 The City shall place in responsible charge of the Project a full-time employee with Local Project Administration (LPA) certification and appropriate qualifications, as set out in Chapter 1 of the MaineDOT LPA Manual. This person shall abide by the provisions of this Agreement and all policies and procedures in the LPA Manual. The Local Project Administrator is as follows: ❑ Richard May, Stormwater Utility Manager, City of Bangor. Phone: 207-992-4243 Email: �ich��-r�.rr��(c�b��;c��rr��i��.7� Note: The City shall notify MaineDOT if this person ceases to oversee the Project. 2.2 MaineDOT will assign a Project Manager to carry out MaineDOT's responsibilities under this Agreement. The Project Manager or a designee will have the authority to enforce all provisions of this Agreement and take all other action necessary to assure the proper performance of this Agreement. MaineDOT has assigned the following person to serve as Project Manager: ❑ Project Manager: Dan Loring, Multimodal Program Phone: 207-624-3451 Email: I�a��i�1.IVI.L,c��i��Cr�rr�a i��.� 3. FINANCIAL OBLIGATIONS 3.1 AUTHORIZATION. MaineDOT's financial participation in the Project will begin upon the full execution of this Agreement(the Effective Date). 3.2 COST-SHARING. The estimated cost of the Project is $792,172.00, which the Parties shall share at the percentages set out below. a. FEDERAL SHARE. MaineDOT, with funding from the Federal Highway Administration (FHWA), will share in cost of the Project at the rate of 80 percent, up to $633,737.60. b. LOCAL MATCH. The City shall share in the cost of the Project at the rate of 20 percent, for an estimated contribution of$158,434.40. Additionally, the City shall be fully responsible for: i. All costs exceeding the Agreement maximum incurred without a modification in place; ii. All costs incurred before the Effective Date of this Agreement; and iii. All costs determined by MaineDOT or the FHWA to be federally non-participating. 3.3 FINANCIAL UPDATES. The Parties shall review the estimated Project Cost set out in 3.2 above at Preliminary Design Report (PDR), Plan Impacts Complete (PIC), and final Plans, Specifications & Estimate (PS&E). The Parties shall work in partnership to appropriate any additional funds needed to meet the latest estimate. Additionally, the City shall provide MaineDOT's Project Manager with one of the following: a. A statement acknowledging the latest estimate and affirming its commitment to the Project; or b. A formal request to cancel the Project, which may require the City to repay funds spent toward the Project if such action results in federal non-participation in the Project. Agreement Bangor WIN 028458.00,Mt. Hope Avenue Sidewalk Page 2 of IO 24-227 JULY 22,2024 3.4 REIMBURSEMENT. The City shall pay Project costs as they occur and request periodic reimbursement for MaineDOT's portion. Invoices shall be submitted to MaineDOT's Project Manager at least every six months in the format of Letter 4 from the LPA Manual, as follows: 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; 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 of a completed consultant evaluation, contractor evaluation and as-built plans (if applicable). 3.5 MAINEDOT COSTS. MaineDOT will charge to the Project its costs for services performed on the Project. The City shall share in these costs commensurate with its share percentage of the Project. MaineDOT, at a minimum, will reconcile these costs upon completion of the Project and deduct the City's share percentage from the final invoice payment under 3.4(e) above. 4. DESIGN, RIGHT OF WAY, AND CONSTRUCTION 4.1 KICKOFF. The Parties shall hold a kickoff ineeting to go over the Project upon the execution in full of this Agreement. 4.2 PROGRESS UPDATES. The City shall provide MaineDOT with written progress updates upon request. If the City fails to respond to repeated requests for such updates, MaineDOT reserves the right to declare the City to be in default of this Agreement. 4.3 ENGINEERING SERVICES. A professional engineer licensed in Maine shall supervise all design work on the Project. If the City intends to hire a consultant to serve as the required engineer of record, 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 follows. a. Using price as a ranking factor shall make consultant work ineligible for reimbursement. 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. The City shall incorporate by reference the terms and conditions of MaineDOT's Consultant General Conditions into its contracts for consultant services. d. The City shall fill out a consultant evaluation upon completion of its contract with any consultant. A copy of the completed form shall be provided to MaineDOT. 4.4 SURVEY. Unless MaineDOT approves otherwise in writing, MaineDOT shall be responsible for all survey work on the state highway system, and the City shall be responsible for all survey work off the state highway system. Agreement Bangor WIN 028458.00,Mt. Hope Avenue Sidewalk Page 3 of IO 24-227 JULY 22,2024 4.5 DESIGN WORK. The City, in coordination with its contracted consultant, shall be responsible for developing all design plans, specifications, estimates and contract documents. The design of the Project shall comply with the Americans with Disabilities Act (ADA) and all other applicable laws,regulatory requirements, and engineering standards. a. The City shall submit the following to MaineDOT for review and comment: i. Preliminary design report; ii. Design plan impacts (if right-of-way mapping will be required); and iii. Final plans, specifications and estimate package (PS&E). b. The bid documents shall contain all applicable special provisions and federal requirements— including but not limited to Form FHWA-1273 and signed Title VI Assurances—as set out in Chapter 7 of the LPA Manual (Final PS&E Package). c. Electronic design files provided to MaineDOT for use in the right-of-way process shall conform to MaineDOT's Electronic Exchange of CADD Data policy, found online: http://www.maine.gov/mdot/caddsu�ort/. d. MaineDOT will enforce all applicable engineering standards, laws and regulatory requirements and will require changes to the design plans or specifications if they are not met. e. MaineDOT will give the City written construction authorization once MaineDOT accepts the final PS&E package as complete. Receipt of such authorization shall not relieve the City and its consultant of responsibility for meeting all engineering standards, laws and regulatory requirements that apply to the Project. 4.6 PUBLIC PARTICIPATION. During preliminary design, the City shall conduct a public process appropriate for the scope of work and acceptable to MaineDOT's Project Manager. The City shall provide MaineDOT with a signed public process certification modeled after Letter 10 from the LPA Manual, as part of the Project's environmental package. 4.7 ENVIRONMENTAL REQUIREMENTS. MaineDOT will carry out the National Environmental Policy Act (NEPA) process. The City shall provide MaineDOT with signed Letter 11 from the LPA Manual and the completed NEPA Documentation Checklist to assist with this work. Additionally: a. The City shall be responsible for obtaining all environmental approvals, permits and licenses for the Project—outside of the NEPA process; and b. The City shall provide MaineDOT with a signed environmental certification modeled after Letter 12 from the LPA Manual, as part of the final PS&E package for the Project. 4.8 UTILITY COORDINATION. The City shall identify all utilities and any railroad affected by the Project and shall coordinate any facility relocations in accordance with Chapter 5 of the LPA Manual (Utility Coordination). The City shall provide MaineDOT with a signed certification modeled after Letter 13 from the LPA Manual, as part of the final PS&E package. 4.9 RIGHT-0E-WAY. The Parties will coordinate the right-of-way process, if applicable, as follows: a. MaineDOT will carry out the right-of-way process if the Project is located primarily on the state highway system. Agreement Bangor WIN 028458.00,Mt. Hope Avenue Sidewalk Page 4 of IO 24-227 JULY 22,2024 b. The City shall lead the right-of-way process if the Project is located primarily off the state highway system. In carrying out the right-of-way process, the City shall: i. Abide by the requirements of the federal Uniform Act, the MaineDOT Right of Way Manual, and Chapter 6 of the LPA Manual (Right of Way); ii. Provide MaineDOT with a certification modeled after Letter 14 from the LPA Manual. c. If the Project is located partially on and partially off the state highway system: i. One certified appraiser shall complete the appraisals for all parcels, and a second certified appraiser shall perform the required appraisal reviews; ii. Negotiations with property owners will be conducted by MaineDOT for rights on the state highway system and by the City for rights off the state highway system; and iii. MaineDOT will acquire the necessary rights on the state highway system, and the City shall acquire the necessary rights off the state highway system. d. MaineDOT will participate financially in right-of-way settlements up to 110 percent of the Determination of Just Compensation for each parceL MaineDOT's participation in any settlement exceeding this amount shall require MaineDOT's approval. e. The City shall dedicate to the Project for public use into perpetuity any municipal property needed for the Project (if applicable). 4.10 ADVERTISING FOR BIDS. The City shall use competitive bidding to hire a construction contractor upon receiving MaineDOT's written construction authorization. The City shall abide by Section 102 of MaineDOT's Standard Specifications (Bidding) and Chapter 8 of the LPA Manual (Advertise & Award).Advertising without authorization shall result in federal non-participation. 4.11 AWARDING A CONTRACT. Upon receiving written approval from MaineDOT, the City shall award a contract to the lowest responsive/responsible bidder in accordance with Section 103 of MaineDOT's Standard Specifications (Award and Contracting), as follows: a. Negotiation with any bidder, after bids are opened and before a contract is awarded, is prohibited by the federal regulations found in 23 CFR §635.113.Any such negotiation shall give MaineDOT 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. 412 CONSTRUCTION OVERSIGHT. During construction, the City shall assure that there is adequate supervision and inspection to complete the Project in conformance with the approved plans and specifications. Accordingly, the City shall be responsible for the following: a. Providing a resident inspector who is either a municipal employee with the appropriate qualifications— as set out in Chapter 11 of the LPA Manual (Construction Administration) — or a consultant hired through a qualifications-based selection. b. Holding a pre-construction meeting and a separate pre-paving meeting. c. Providing a paving inspector and a concrete technician with required certifications to be on site for paving and concrete work. One person may perform both roles, if certified. �� Agreement Bangor WIN 028458.00,Mt. Hope Avenue Sidewalk Page 5 of IO 24-227 JULY 22,2024 d. Coordinating materials testing as necessary to comply with the Minimum Testing Requirements that MaineDOT will establish for the Project. e. Submitting proposed contract modifications (change orders) to MaineDOT for review and concurrence. MaineDOT may deny reimbursement to the Town for work performed under a change carried out without MaineDOT's concurrence. f. Obtaining MaineDOT's approval of changes to the approved PS&E design plans proposed during construction. If a change made in the field without MaineDOT's prior approval is found to be non-compliant with the ADA or any applicable engineering standard, MaineDOT will require the Town to make corrections at its own expense, without reimbursement for the work. 4.13 FINAL INSPECTION. MaineDOT will inspect the completed Project for compliance with the plans, specifications and provisions of the construction contract. MaineDOT reserves the right to require any work determined to be out of such compliance to be addressed to MaineDOT's satisfaction,before paying the final invoice from the City for the Project. 5. MAINTENANCE AFTER CONSTRUCTION The City shall maintain the completed sidewalk for the duration of its useful design life. Maintenance shall consist of general upkeep and repairs to preserve year-round public access, including for persons with disabilities, with only isolated or temporary interruptions in accessibility. Maintenance shall include reasonable snow removal efforts, in accordance with the requirements of 23 USC §116 and 28 CFR §35.133. This Section 5 shall survive the expiration of this Agreement. 6. RECORDS AND AUDITS 6.1 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 Project Records for at least 3 years from either the date of MaineDOT's acceptance of the final invoice for the Project or the termination of this Agreement. 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 litigation, claim, negotiation or audit is resolved. 6.2 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 at any time. Copies shall be provided at no cost to the agencies requesting them. 6.3 Audits shall be conducted in accordance with Title 2 in the Code of Federal regulations (2 CFR), subpart F, §200.500 through §200.512—Audit Requirements. This Section 6 shall survive the termination or expiration of this Agreement. 7. DEBARMENT 7.1 By signing this Agreement, the City certifies that, for the term of the Project, it shall not permit any consultant, contractor, subcontractor or any other third party to work on any aspect of the Project if that entity or its principals has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from doing business with any federal department or agency. (Verification shall be made through the federal SAM.Gov website.) Agreement Bangor WIN 028458.00,Mt. Hope Avenue Sidewalk Page 6 of IO 24-227 JULY 22,2024 7.2 If the City contracts with any third party pursuant to this Agreement, the City shall require that party and its principals to certify that they: a. Have not within a 3-year period preceding the date of a contract for the Project been convicted of a crime or had a civil judgment rendered against them in connection with the following: i. Obtaining, attempting to obtain, or performing a federal, state or local public transaction or contract under a public transaction; ii. Violation of federal or state antitrust statutes; iii. Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. b. Are not under indictment for or otherwise charged criminally or civilly by a federal, state or local governmental entity with commission of any offense enumerated above; and c. Have not within a 3-year period preceding this Agreement had one or more federal, state or local public transactions terminated for cause or default. 8. CONFLICT OF INTEREST 8.1 No municipal official or employee with a direct or indirect financial or other personal interest in any contract or subcontract for the Project shall negotiate, make, accept or approve any such contract or subcontract. 8.2 No professional performing services for the City on the Project shall have a direct or indirect 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 retained by the City to work on the Project shall have a direct or indirect financial or other personal interest in real property acquired for the Project unless the interest is disclosed in the public record and such officer or employee has not participated in such acquisition for and on behalf of the City. 8.3 No person or entity entering into a contract for services for the Project shall have a direct or indirect financial or other personal 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 disclosed in the public record before the person or entity enters into the contract. 9. GENERAL PROVISIONS 9.1 LEGAL COMPLIANCE. This Agreement shall be construed under the laws of the State of Maine. During the performance of the Project, 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. Agreement Bangor WIN 028458.00,Mt. Hope Avenue Sidewalk Page 7 of IO 24-227 JULY 22,2024 9.2 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 consultants or contractors. Nothing herein shall waive any defense, immunity or limitation of liability that may be available under the Maine Tort Claims Act(14 M.R.S., §8101 et seq.) or any other privileges or immunities provided by law. This section shall survive the termination or expiration of this Agreement. 9.3 CONFIDENTIALITY. Information pertaining to right-of-way appraisals, negotiations with property owners, and detailed construction cost estimates shall be kept confidential to the extent required by state law: 23 M.R.S.A., §63. 9.4 STATE OF MAINE'S RIGHTS OF SET-0FF. 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's option to withhold for purposes of set-off monies due 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 prior to the term of this Agreement, plus any amounts due and owed to the State for any reason. MaineDOT shall exercise its set-off rights in accordance with standard state practices including, in cases of set-off pursuant to an audit, the finalization of the audit. If applicable, MaineDOT reserves the right to withhold or reduce future Local Road Assistance payments to the City for purposes of set-off to recover the amount owed. 9.5 NON-APPROPRIATION. 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 any obligations arising hereunder, such obligations by law are subject to available budgetary appropriations by the Federal Government and the State of Maine. This Agreement creates no obligation on behalf of MaineDOT in excess of such appropriations. 9.6 LOBBYING. By signing this Agreement, the undersigned municipal representative certifies that no appropriated federal funds have been paid or will be paid, by or on behalf of the City, 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, 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. 9.7 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. Agreement Bangor WIN 028458.00,Mt. Hope Avenue Sidewalk Page 8 of IO 24-227 JULY 22,2024 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. 9.8 FLOW DOWN. Contracts between the City and all third parties shall contain or incorporate by reference applicable provisions of this Agreement. 9.9 ASSIGNMENT. No assignment of this Agreement is contemplated, and no assignment shall be made without MaineDOT's express written permission. 9.10 AMENDMENT AND MODIFICATION. This Agreement may only be modified or amended in writing and signed by duly authorized representatives of the Parties. 9.11 BINDING EFF`ECT. The Parties shall be bound by the terms of this Agreement, which shall apply to its executors, their successors, administrators and legal representatives. 9.12 INDEPENDENT CAPACITY. The City, its employees, agents, representatives, consultants and contractors shall not act as officers, employees or agents of MaineDOT. 9.13 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. 9.14 ELECTRONIC SIGNATURES. Each Party agrees that this Agreement may be signed electronically and that all electronic signatures on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. 915 NOTICE. Any communications, requests or notices required or appropriate to be given under this Agreement shall be made in writing and may be sent by email, with express acknowledgement of receipt by the receiving Party. 10. DEFAULT AND TERMINATION 101 MaineDOT shall have just cause to terminate this Agreement upon or after the occurrence of one or more of the following events, which shall constitute default of this Agreement by the City: a. The City withdraws its support for the Project, causing cancellation of the Project; b. The City fails to advertise the Project within 3 years of the execution of this Agreement, without receiving a time extension in writing from MaineDOT; c. The City makes no effort to respond to repeated requests for progress updates; d. The City takes any action that renders the Project ineligible for federal funding; e. The City misrepresents or falsifies any claim for reimbursement; f. The City uses Project funds for a purpose not authorized by this Agreement; and g. The City fails to meet the standards of performance set out in this Agreement. Agreement Bangor WIN 028458.00,Mt. Hope Avenue Sidewalk Page 9 of IO 24-227 JULY 22,2024 10.2 In the event of a default, MaineDOT will afford the City a cure period of 14 calendar days, effective on the City's receipt of Notice of Default. If the City fails to address all grounds for default within this cure period or any longer period as MaineDOT may authorize, MaineDOT may terminate this Agreement for cause, with the following conditions: a. MaineDOT, at its discretion, may require the City to return all payments from MaineDOT toward the Project and to reimburse MaineDOT for its internal costs; and b. The City shall forfeit all federal funds remaining in the terminated Project. 10.3 The Parties may terminate this Agreement for convenience by mutual consent for any reason not defined as default. MaineDOT may reimburse the City for eligible work performed under this Agreement up to the effective date of termination for convenience. 11. TERM AND EXPIRATION All provisions of this Agreement— except for those provisions that by their very nature are intended to survive— shall expire upon payment by MaineDOT of the final invoice from the City under section 3.4(e) above or December 31, 2028 (Expiration Date), whichever occurs first. The City shall submit any request for a time extension to MaineDOT in writing before the Expiration Date. 12. MUNICIPAL APPROVAL The City's undersigned representative assures that the City's legislative body has approved the City's entry into this Agreement, has appropriated or authorized the use of any required matching funds, and has authorized the representative to sign this Agreement. IN WITNESS WHEREOF, the duly authorized representatives of the Parties have executed this Agreement effective on the date last signed below. City of Bangor Maine Department of Transportation By: By: Debbie Laurie, City Manager * Todd Pelletier, P.E., Director * Bureau of Project Development Date: Date: =�`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 o f verif'ication,(d)is under my control,and(e)is linked to data in such a manner that it is invalidated i f the data are changed. �� Agreement Bangor WIN 028458.00,Mt. Hope Avenue Sidewalk Page IO of IO 24-227 JULY 22,2024 APPENDIX APPENDIX 24-227 ��. �i"Y"�"1 I.� Q:1L" I1�li l'��C�+l�� JULY 22,2024 � � B�"�d��: ��I�V��a��f C1��7 TwJ"T" ��4" `C"fC l"a�,i�!"(��C"�"�"I'I�:�)C'�J �",� � ��'� �1'A"�"�', �{�:1 N 1��°� �'1!�f"�Q:l C'�I �� r��r,�,°r�r�„ ��rrv� �1�33�3��:��I�d� �. � �, �!,�8��.� �� ,��M��x.m�diuis ��u��..��r�i�ac� ��,��.��, ��P��.��>�� January 17, 2023 Richard May 73 Harlow St Bangor, ME 04401 Bangor Mount Hope Ave Sidewalk Dear Project Applicant: The Maine Department of Transportation (MaineDOT) is pleased to inform you that your municipality's grant application for Bicycle/Pedestrian Program Funding has been approved, and your community has been selected to receive state transportation funding assistance at this time for the Design and Construction activities on your project. Your community's project has been included in MaineDOT's 2024-25-26 Capital Work Plan, pending final authorization of state funds. MaineDOT has currently programmed up to $633,737.60 in state transportation funding for the preliminary design, survey/mapping, right-of-way work and the construction costs for your project, contingent upon the minimum required local match of$158,434.40. The funding amounts approved were based on the preliminary estimates provided to the Department as part of your application and MaineDOT's internal discussions which may have adjusted these amounts. Currently, MaineDOT intends this to be a locally administered project. Please confirm on the form at the end of this letter that your municipality is willing and able to administer the project. Requirements for state and federally funded locally administered projects may be found on the MaineDOT website: htta://www.maine.aov/mdot/Iaa/. Please keep in mind that MaineDOT staff time required to review project plans is part of the costs allocated to project funding. Furthermore, please note that funding for this project, is contingent upon MaineDOT receiving adequate state transportation funding to support it, and MaineDOT reserves the right to withdraw funds from this project for any reason. ,1..0 P I� hN��1"��, I)�Ir:N'"r\N+'I �rotl Nr;M1d�V' t.D N� N IC�'4�iV ti'�N'4 N k8.'N'(9�"I p t D N II;� r1 fk ��h I° R• I ll P�1(9�I p'4 IIG l4 0.:"V'I 4:M N I�;Q.D.I.I,h R, tl I�"N�d 4 r kx I'il)f'�2 II I'h' V��'�B I li,d D lf E�i lt t'*9'f u b I d t:: ��r�l� � �a'�'��B•'k�Co f�V;J V I'�" 1 h�;I�$�i. r�ae G.G.., h�9 1 B v I?'� !(t F.I.,h Y' 7�II.➢ S w:M.r� (;.�p J�x �m 3 Y-':�A��q� 24-227 JULY 22,2024 The municipality should not authorize any work or expend any funds on this project (including local match funding) before you have signed a LocallyAdministered ProjectAgreementwith the MaineDOT and have received a formal notice to proceed. All expenditures made before an agreement is in place and MaineDOT issues a written Notice to Proceed, are ineliaible for reimbursement. Your Project Manager will be Daniel Loring, who will contact you about the next steps. Until then, please feel free to contact me with any questions you may have about the project or the next steps in this process. The following information details your project's estimated funding amounts and the specific information and project details we have within our system. Please review and verify the following information: Project Name: Bangor Mount Hope Ave Sidewalk Project Identification Number: (WIN) 028458.00 Project Manager: Daniel Loring Contact Information: Daniel.M.Lorinq(c�maine.qov Proposed Scope: Design and Construction of 2,065ft of sidewalk Description: Design and Construction of 2,065ft of sidewalk along Mount Hope Ave from Saratoga Ave northeast 0.55 of a mile. Estimated Planning Level Project Cost: $ 792,172.00 Federal funding amount approved in the Work Plan: $ 633,737.60 Local Match amount required for State funding Amount: $ 158,434.40 Please provide signatures on the last page to confirm your municipality still wants to design and/or construct this project and to re-certify that your local match has been officially obligated to the project. ,1..0 P I� hN��1"��, I)�Ir:N'"r\N+'I �rotl Nr;M1d�V' t.D N� N IC�'4�iV ti'�N'4 N k8.'N'(9�"I p t D N II;� r1 fk ��h I° R• I ll P�1(9�I p'4 IIG l4 0.:"V'I 4:M N I�;Q.D.I.I,h R, tl I�"N�d 4 r kx I'il)f'�2 II I'h' V��'�B I li,d D lf E�i lt t'*9'f u b I d t:: ��r�l� � �a'�'��B•'k�Co f�V;J V I'�" 1 h�;I�$�i. r�ae G.G.., h�9 1 B v I?'� !(t F.I.,h Y' 7�II.➢ S w:M.r� (;.�p J�x �m 3 Y-':�A��q� 24-227 JULY 22,2024 '�"it�rir� �� r�� +��r�, r��urru th� �'�lOc�r�ri'rw� d��a�rmer�t��i�ar-� via �rr��nl. 1� �n� +�riginaV �i�r�� let�er 2� A.�p��ra��e d�curr��tatic�n ��wtl��ri�ing tP�� a��l rr��tc� 3� "1r'c�ui� agr��m�r�t t� �d�in�ist�� hi� ,��j�cfi Ic�cally F��as� calll �e �t �2�7� � 2-3�� ith �,r�y q�aesti��n� ar�a r�vi�� ny Nssues r�l��d ta thu� pr�j��t. T��r�k ��u wreu�y u�nuch �ar y��u� cc�m�tin��d �i��rts t� im��v� �he �r�r�s��rt�ti�ra sys�e� r�vi�hin y��uc� ca��rmur�i�y. Sir�c��ely, ��t� �e+�l�t�. Active �Tr�n�p��a�sa� �lanner �a�ycle a�d Ped�stria�n E�andir�� P�ra�r�m P"�'�an�g�r N1�awn� D�p�r�me�t ��T��ns��t��ic��rr �C�7-59�-�� [��'��t�.l��+ul�tt(¢�r�airu�.�t�� , P��n��a�li��r: ��r� �� t�a�ri��d � r��t�r�: �� Ti�t��A ic��r ��rr�rr��t�r �� r ��: �1��r 22 2� r��'��r. L��II� d ir�i��r�d ��j�� i�� T d ir�i��r� �h�� r�jl��t ��ipti�r� �� .+��I ��h �� i� ��t ir�cla�dir�g �9�e saur��, ��r�u�l d��, ��. (�'��se at��ch s�ppac��r�°e ��acc�m��rv�a�� 5A�,0�� in �tc�i�g I��I �a��ds '�aw� b��r� b�a��t�d �'�r in ��cal ��ar 2'4�2� t� ��ch ��'T �rk �I�n Tir��ine. �� t��i��d �a��i��l Arr�p�t+�r��r��r�� Pf�r�. �,M�i� �, �x;°ti�p� A��rn.�xa� a,��:�, � G�� a 3 ��;:n m�a 7�.��r rA�� r G r t� ¢:�, .��: ,r� e i m.��:a u �e�d� ,r a i r�;q tw i_r�r,��n a, s��=o�d 2 w��a z�;�,Q � s ��s�^c a a��u�:�� r^A�ab.�� Q,,�> ��,_r,�. s t�r,b�1� � r�u� k �,a��:u� r ,w a.i. �r a ��,a, sz w 9,a�,v �o ii r��ti��x� � a�p;�g r r �, 4�� 24-227 JULY 22,2024 ��,��_,�,�,�� CITY COUNCIL ACTION ,i�� ,, Council Meeting Date: 04/24/2023 �"� m �4I� b� C �.��;� Item No: 23 127 � �� .� � `"��'�,� �,ti Responsible Dept: Engineering �ar��.�. Requested Action: Order Map/Lot: N/A Title, Order Authorizing the Engineering Department to Apply for Grant Funding From the Maine Department of Transportation (MDOT) BikePed Program to Partially Fund Sidewalk and Drainage Construction on Mount Hope Avenue. Summary This order will allow the City to apply for and accept grant funding from the Maine Department of Transportation (MDOT) for sidewalk and storm drain construction on Mount Hope Avenue. The Engineering Department has identified a gap in sidewalk infrastructure on Mount Hope Avenue between Saratoga Avenue and the walking trail to Eastern Maine Community College (EMCC), which is near the entrance to the State-owned Dorothea Dix campus. Sidewalk from East side neighborhoods and downtown extends to Saratoga Ave. Sidewalk from Hogan Road extends roughly 800 feet towards Saratoga Ave to the EMCC trail. This 800 foot segment of sidewalk was constructed on Mount Hope Avenue from Hogan Road to the EMCC walking trail, which was also partially grant funded. In order to install the 2,000 feet of sidewalk needed to close the gap, the Engineering Department has proposed to install curbing, esplanade, and a closed drainage system. This will not only improve pedestrian access and connectivity, but will also improve drainage in the area, including a small sewer separation. The BikePed program is looking for projects that fill gaps such as these, which make this a good candidate for grant funding. We will be requesting the maximum $400,000 award from BikePed grant application and have budgeted $500,000 in capital funds from the Stormwater Utility in FY25 to fund the remainder of this project, should we receive grant funding from this application. This item was reviewed and approved by the Infrastructure Committee on April 18, 2023 Committee Action Committee: Infrastructure Committee Meeting Date: 04/18/2023 Action: Recommend for passage For: Against: Staff Comments &Approvals �� /�� City Manager City Solicitor Finance Director Introduced for: Consent �� e. 24-227 �� JULY 22,2024 � �� -m�� L�►E P.�F-��1`�� r E 1`�� I��1� �E F�I�� .� 3�: .� ��T'� �� 8.��1� ��-�-H��.-�-�3�,��a� C,1T1' ENGINEER. �a�uary�2'„ 2�724 �aI<�t� IHewle�� Active l�ransp�art�ticrn �lanner �'I�i�rel��T aivis�c�m af��blic �u�rea�h a�d �lanning 16 �t�te Haus� Statia�r 24 Child S��e�t �u�usta, I�� 74��-��1�6 (2c�7}592-3��4 ��ar Crakc�ta, l ara� pleased ta be resp��dir�g to y��r January 17 a�p�c�v�l (etter fc��tl�� 1�unt Hope Aven�ue �idewalC� �'raject�72'845�.��,rhnich is i�r th� Nl�in��Q�w�rk�p��n far 2a26� Th�s ��tte� �s cc�nfi�rrw that �ar�gar�s �aill'ir�g�a lac�lAy admir�ister tk�is pr�ject. V'Ve had ant�cipated b�d�etirrg matcl�irrg f�ands in ou�ca,pit�l im�rQv�me�t pl�n f�r�his p�c�ject du�ri�g fiscal ye�r��124, �,+hich vve h�ave rao�rr rr7ovedl tra fasca9 year 2Q2�� r�atch the L�7�war4c plan �iu�n�l'ir��. �I��s� feel free to contact r�e if y��u �ave any q�esta�ns regarding�I�os applscatiorr or any�af the o�h�r pr�jects re�erencec� vwithi�r. SiracerelYA �� „ ✓�,�'�� ww ,a`��d� � Ricl��rd I"v�ay St�armvwater Marrager �m�in��rir�g �D�partr�e�t �i�y�af Ban�c�r 7'3 Narl�a,��tr�e� B�n�rar, h�ME C�440� R��I��,,,��g�?��m��adnr��a� 2t�7-'�g�-�24� C�: C�am�i�� L�ari�� 7� I..Ir�,RLC��' S"��Ft�IT, �3A�GC�fl�, P�� 44�1. ��LE�'�-I�I�E: (2Q7) �192-425� F,�X: 424�7) 4��7�-4194 WVb''�^,?:l�A 1"��C��4.�r1A 9 tt�(�.�;C��,/ 24-227 JULY 22,2024 U.S. Department of Transportation (USDOT) Federal Highway Administration — Standard Title VI / Nondiscrimination Assurances DOT Order No. 1050.2A The City of Bangor AGREES THAT, as a condition of receiving 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: Statutorv/Re�ulatory 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; � 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); � 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 the "Regulations"respectively. General Assurances In accordance with the Acts, the Regulations and other pertinent directives, circulars, policy memoranda and/or guidance, the Subrecipient 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 Subrecipient receives Federal financial assistance from the USDOT, including the FHWA." The Civil Rights Restoration Act of 1987 clarified the original intent of Congress regarding 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 a11 programs and activities of the Subrecipient, so long as any portion of the program is federally assisted. Snecific Assurances More specifically, and without limiting the above general Assurance, the Subrecipient agrees with and gives the following Assurances with respect to its federally assisted projects: 1. The Subrecipient 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 Subrecipient will insert the following notification in a11 solicitations for bids, requests for proposals for work, or material subject to the Acts and the Regulations made regarding all federal-aid highway programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: Title VI Assurances Page I of 8 24-227 JULY 22,2024 "The Subrecipient, 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 in 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 Subrecipient 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 Subrecipient 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 Subrecipient. 5. That where the Subrecipient 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 Subrecipient 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 Subrecipient will include the clauses 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient retains ownership or possession of the property. 9. The Subrecipient 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 Subrecipient 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 Page 2 of 8 DocuSign Envelope ID: B84BF53D-F47B-4931-8880-6051 BFCCA2F7 24-227 JULY 22,2024 By signing this ASSURANCE, the Subrecipient agrees to comply with(and to require sub-grantees, contractors, successors, transferees, and/or assignees to comply with) applicable provisions governing the FHWA and USDOT access to records, accounts, documents, information, facilities and staff. The Subrecipient also recognizes that it must comply with any program or compliance reviews, and/or complaint investigations conducted by the FHWA and USDOT. The Subrecipient 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, the Subrecipient must comply with all other reporting, data collection and evaluation requirements, as prescribed by law or detailed in program guidance. The Subrecipient 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 by the USDOT under the Federal-Aid Highway Program. This ASSURANCE is binding on the Subrecipient, 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 Subrecipient. City of Bangor DocuSigned by: �t,,��1tt, �,�A�(�'lG 5235FDFEBSC640A... By: Debbie Laurie, City Manager DATED: 4/11/2024 Encl.: Appendix A through Appendix E Title VI Assurances Page 3 of 8 24-227 JULY 22,2024 APPENDIX A PERFORMANCE REQUIREMENTS 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(hereinafter includes consultants) will comply with the Acts and the Regulations relative to non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference. 2. Non-discrimination: The contractor, as regards the work performed during the contract, will 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 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 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 leases of 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 to its books, records, accounts, other sources of information, and its facilities as may be determined by the Subrecipient 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 of another who fails or refuses to furnish the information, the contractor will so certify to the Subrecipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non- discrimination provisions of this contract, the Subrecipient will impose such contract sanctians as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will insert the provisions of paragraphs one through six of the Assurances in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Subrecipient or the FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance. 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 Subrecipient to enter into any litigation to protect the interests of the Subrecipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Title VI Assurances Page 4 of 8 24-227 JULY 22,2024 APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY If applicable, 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 (USDOT) as authorized by law and upon the condition that the Subrecipient will accept title to the lands and maintain the project constructed thereon in accordance with 49 U.S. Code §5334, the Regulations for the Administration of the Federal Aid Highway Program, and the policies and procedures prescribed by the Federal Highway Administration (FHWA) of the USDOT in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, USDOT, Subtitle A, Office of the Secretary, Part 21, non- discrimination in federally assisted programs of the USDOT 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 Subrecipient all the right, title and interest of the USDOT 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 the Subrecipient and its successors forever, subject 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 Subrecipient, its successors and assigns. The Subrecipient, 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 regarding any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the Subrecipient 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, USDOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the USDOT, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [i and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the USDOT 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 USDOT 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 VL) Title VI Assurances Page 5 of 8 24-227 JULY 22,2024 APPENDI� C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY OR PROGRAM If applicable, the following clauses will be included in deeds, licenses, leases,permits, or similar instruments entered into by the Subrecipient pursuant to the provisions of Assurance 7(a): A. The Subrecipient, for itself, its assignees, and successors in interest, 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, Subrecipient 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 Subrecipient 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 Subrecipient 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 VL) Title VI Assurances Page 6 of 8 24-227 JULY 22,2024 APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM If applicable, the following clauses will be included in deeds, licenses,permits, or similar instruments/agreements entered into by the Subrecipient pursuant to the provisions of Assurance 7(b): A. The Subrecipient, for itself, its assignees, and successors in interest, 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 Subrecipient 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 Subrecipient will thereupon revert to and vest in and become the absolute property of the Subrecipient 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 VL) Title VI Assurances Page 7 of 8 24-227 JULY 22,2024 APPENDIX E During the performance of this contract, the contractor— for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") — agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 5 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.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 of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, 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, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • 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.S.C. 1681 et seq.). Title VI Assurances Page 8 of 8 IN CITY COUNCIL JULY 22, 2024 CO 24-227 Passed ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK