HomeMy WebLinkAbout2018-06-25 18-257 OrderTitle, Order
CITY COUNCIL ACTION 06/25/2018 18-257
Council Meeting Date: 06/25/2018
Item No: 18-257
Responsible Dept: Engineering
Requested Action: Order Map/Lot: N/A
Authorizing Execution of A Locally Administered Agreement with Maine Department of Transportation Project,
WIN #023517.00, Resurfacing of a Portion of Hogan Road
Summary
This Order will authorize the City Manager to execute a Locally Administered Project Agreement with
the Maine Department of Transportation for pavement preservation treatment with curb replacement
on a portion of Hogan Road, beginning at Haskell Road and continuing 0.43 miles to Mt. Hope
Avenue.
The total project limit is not to exceed $582,705.00, with the Federal share of $466,164.00 or 80%,
State share of $58,270.50 or 10% and the City share is $58,270.50 or 10%.
Committee Action
Committee: Infrastructure Committee
Action: Recommend for passage
Staff Comments & Approvals
MDOT Agreement
C�
City Manager
Introduced for: Consent
Meeting Date: 06/19/2018
For: 5 Against: 0
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City Solicitor
OAXN a-��
Finance Director
CITY OF BANGOR ORDER
Date: 06/25/2018
Item No: 18-257
Assigned to Councilor: Nichols
06/25/2018 18-257
Authorizing Execution of A Locally Administered Agreement with Maine Department of Transportation Project,
WIN #023517.00, Resurfacing of a Portion of Hogan Road
Be it Ordered by the City Council of the City of Bangor that,
the City Manager is hereby authorized and directed to execute an agreement with the Maine Department of
Transportation for the following:
An Agreement with the Maine Department of Transportation - Resurfacing a Portion of Hogan Road, WIN
#023517.00
18 257
R.11NE 25, 2018
MaineDOT use only
AMS ID:
CSN:
TEDOCS #:
PROGRAM: Multimodal
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
Agreement Amount: $582,705.00
Federal Share: $466.164.00
State Share: $58,270.50
Local Share: $58.270.50
Effective Date: Upon MaineDOT's Signature
Expiration Date: 05/31/2021
(Payable)
MaineDOT Use Only
Federal Authorization Date: 05/02/2018
Federal Project #: 2351700
MaineDOT WIN: 023517.00
Municipality's Vendor ID: VC1000007010
Municipality's DUNS #: 07-173-9692
CFDA #: 20.205 Highway Planning and Construction
This Agreement for a federal -aid locally administered project is entered into by the State of Maine
Department of Transportation (MaineDOT) with its headquarters at 24 Child Street in Augusta, Maine,
and the City of Bangor (the Municipality) with its principal offices at 73 Harlow Street in Bangor,
Maine, which jointly shall be referred to as the "Parties."
RF,CITALS
1. This Agreement shall apply to a scope of work consisting of a pavement preservation treatment with
curb replacement on a portion of Hogan Road, beginning at Haskell Road and continuing 0.43 mile
to Mt. Hope Avenue (the Project); and
2. The Project was programmed for the MaineDOT Work Plan by the Bangor Area Comprehensive
Transportation System, the designated metropolitan planning organization for the Bangor Urbanized
Area, with its administrative offices at 12 Acme Road, Suite 102, in Brewer, Maine (the MPO); and
3. The Municipality, as a sub -recipient of federal funding, shall administer the Project subject to
MaineDOT oversight to ensure that the Municipality fulfills all federal and state requirements.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing statements, the Parties agree to the following:
APPENDICES
The following appendices shall be incorporated into this Agreement:
® Federal Funding Accountability and Transparency Act Form (signature required)
® Federal Title VI Assurances (signature required)
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JUNE 25, 2018
ROLES AND RESPONSIBLITIES
ROLE OF MUNICIPALITY. The Municipality shall assign a full-time employee with appropriate
qualifications and Local Project Administration (LPA) certification from MaineDOT to manage the
Project and carry out the Municipality's responsibilities. This Local Project Administrator shall
abide by the latest edition of MaineDOT's Local Project Administration Manual & Reference Guide
(LPA Manual). If the certified administrator leaves or ceases to oversee the Project, the Municipality
shall stop work and notify the MaineDOT Project Manager, who will determine a course of action.
❑ Local Project Administrator for Municipality: Ted Trembley, Design Engineer
Email: ted.trembley@maine.gov
Phone: (207) 992-4251
2. ROLE OF MAINEDOT. MaineDOT will assign a Project Manager to carry out the State of Maine's
responsibilities under this Agreement. This person will have the authority to request design changes
to meet applicable laws and design standards; accept and reject invoices; review construction
activities to assure compliance with contract documents; and take all other action to assure proper
performance of this Agreement.
❑ Project Manager: Dan Loring, Multimodal Program
Email: Daniel.M.Loring@maine.gov
Phone: (207) 624-3451
FINANCIAL OBLIGATIONS
1. AUTHORIZATION. MaineDOT's financial participation in the Project will begin after:
A. MaineDOT has executed this Agreement; and
B. MaineDOT has issued the Municipality a written notice to proceed.
2. PROJECT COST. The MPO programmed for the Project a total of $582,705.00 (Project Cost).
Expenditures incurred on the Project that are eligible for federal and state participation shall not
exceed this Project Cost without written approval from the MPO and MaineDOT.
Estimated
Local Match
Federal
Share
State
Share
Estimated
Project Cost
% $
% $
% I $
$
10 58,270.50
80 466,164.00
10 1 58,270.50
$582,705.00
A. MAINEDOT SHARE. MaineDOT, using Federal Highway Administration and state funds
programmed by the MPO, will share in the Project Cost at the rate of 90 percent, up to a
maximum of $524,434.50.
B. LOCAL MATCH. The Municipality shall share in the Project Cost at the rate of 10 percent, for
an estimated contribution to the Project of $58,270.50. The Municipality shall not use federal
funds as match unless federal law authorizes such use.
i. The Municipality shall be fully responsible for:
a. Expenditures exceeding the Project Cost;
b. Costs incurred before the effective date of this Agreement;
c. Costs deemed ineligible for federal and state participation.
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JUNE 25, 2018
C. FINAL COST. If the actual cost of the Project is less than the estimated Project Cost, the final
amounts owed will be adjusted in accordance with the percentages above.
3. REIMBURSEMENT. MameDOT will reimburse the Municipality for the federal and state shares of
eligible costs incurred on the Project. The Municipality shall submit invoices to MaineDOT Project
Manager in the format provided in Communication 4 from the LPA Manual, as follows:
A. Invoices shall be submitted no more than monthly and no less than quarterly.
B. Each invoice shall include a progress report for the service period of the invoice.
C. Each invoice shall document the charges incurred and proof of payment made in sufficient detail
to satisfy the MaineDOT Project Manager.
D. Each invoice shall show MaineDOT's and the Municipality's portions of Project costs, including
a running total of costs incurred to date.
E. The Municipality must certify that amounts claimed are correct and not claimed previously.
F. Payment of the final invoice from the Municipality shall be contingent upon an inspection of the
completed Project by MaineDOT or its designee.
4. MAINEDOT COSTS. MaineDOT will charge to the Project all costs that it incurs for work on the
Project. The Municipality shall share in these costs commensurate with its overall percentage of the
Project. MaineDOT will reconcile these costs upon completion of the Project and deduct the
Municipality's portion of them from the final invoice payment.
5. TERM. The Municipality shall complete the Project by the Expiration Date shown above. Any
request for a date extension shall be submitted to MaineDOT in writing before the end of the original
period of performance.
6. REPAYMENT. If the Municipality withdraws from the Project, causing cancellation of the Project,
the Municipality shall refund all payments received from MaineDOT for the Project and reimburse
MaineDOT for all costs incurred on the Project. MaineDOT will recover from the Municipality all
payments made for work later deemed to be ineligible for reimbursement.
STATE OF MAINE'S RIGHT 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's
option to withhold for purposes of set-off any money due to the Municipality under this Agreement
up to any amount due to the State with regard to this Agreement or any other agreement with
MaineDOT; any other agreement with any state department or agency, including any agreement for
a term commencing before the term of this Agreement; and any amount due to the State for any
other reason including, but not limited to, tax delinquencies, fee delinquencies or monetary penalties
relative thereto. MaineDOT will exercise its set-off rights in accordance with standard state practices
including, in cases of set-off pursuant to an audit, finalization of the audit by MaineDOT, its
representatives, or the State Controller.
NON -APPROPRIATION. The Municipality acknowledges and agrees that if MaineDOT does not
receive sufficient funding to support this Project, if funds programmed for this Project are de -
appropriated, or if MaineDOT does not receive the legal authority to spend money otherwise
programmed for this Project, MaineDOT shall be released from its obligation to make payment
under this Agreement.
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JUNE 25, 2018
9. REMAINING FUNDS. MaineDOT will make available to the MPO any federal and state funds
remaining in the Project once MaineDOT has paid the final invoice from the Municipality or
otherwise closed out this Agreement. Additionally, any federal and state funds returned to
MaineDOT by the Municipality shall be made available to the MPO upon closeout of the Project.
PROJECT DEVELOPMENT
KICKOFF. The Parties shall hold a project kickoff to go over the scope of work, Project Cost,
schedule, and legal requirements for the Project before reimbursable work may begin.
2. PROGRESS REPORTS. The Municipality's Local Project Administrator shall provide regular
progress reports at intervals established by MaineDOT's Project Manager.
3. USE OF CONSULTANTS. If the Municipality intends to contract for consultant services under this
Agreement, the Municipality shall use a qualifications -based selection method in compliance with
the regulations found in 23 CFR Part 172, "Procurement, Management, and Administration of
Engineering and Design Related Services," and the procedures in Section 2 of the LPA Manual,
"Consultant Selection." The Municipality agrees that:
A. Using price as a ranking factor will render consultant work on the Project ineli ig ble for
reimbursement from MaineDOT.
B. The Municipality shall obtain the MaineDOT Project Manager's written approval before
awarding any contract.
C. The Municipality shall include the provisions of the "Consultant General Conditions" in all
contracts and insert Form FHWA-1273 into all contracts.
D. The Municipality shall obtain MaineDOT's written approval before modifying a contract. Work
performed on a contract outside of the original scope of work without an approved and executed
modification in place shall be ineligible for reimbursement.
E. The Municipality shall evaluate the performance of a consultant upon completion of its contract
with the consultant. A copy of the evaluation shall be provided to MaineDOT.
4. BOUNDARY SURVEY. Unless otherwise approved in writing, MaineDOT will perform all
boundary survey work for the Project on the state highway system.
5. DESIGN. The Municipality, in coordination with its contracted consultant if applicable, shall be
responsible for preparing all design plans, specifications, estimates and contract documents for the
Project, in accordance with appropriate reference publications that may include, but are not limited
to, MaineDOT's Engineering Instructions, Highway Design Guide, Standard Specifications and
Standard Details. The design of the Project shall comply with the Americans with Disabilities Act
(ADA) and all other applicable regulations.
A. The Municipality shall submit the following to MaineDOT for review and comment:
i. Preliminary design report;
ii. Design plan impacts (if acquisition of rights -of --way will be required); and
iii. Final plans, specifications and estimate package (PS&E).
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B. The Municipality shall assure that the contract book for the Project references MaineDOT's
Standard Specifications and contains the following:
i. Davis -Bacon wage rates; and
ii. Form FHWA-1273; and
iii. Federal Title VI Assurances signed by the Municipality.
C. Tf the Project will require MaineDOT staff to use electronic design files prepared by the
Municipality or its consultant, such files shall be organized in accordance with MaineDOT's
CADD standards and its policy on electronic exchange of CADD data, dated March 15, 2016:
http://www.maine.gov/mdot/eLddsupport/
D. MaineDOT will enforce all laws, regulations, construction standards and specifications that
apply to the Project and will require changes if they are not met.
E. MaineDOT will give the Municipality written authorization to advertise the Project once the
Municipality addresses all comments from MameDOT and MaineDOT accepts the final PS&E
package as complete. Advertising the Project without authorization from MaineDOT will render
the entire Project ineligible for federal funding.
6. QUALITY CONTROL. The Municipality and its contracted consultant, if applicable, shall meet all
engineering standards and regulatory requirements that apply to the Project. Receipt of construction
authorization from MaineDOT shall not relieve the Municipality and its consultant, if applicable, of
responsibility for meeting all engineering standards and regulatory requirements.
7. PUBLIC PARTTCTPATTON. The Municipality shall conduct a public participation process for the
Project that is appropriate for the scope of work and acceptable to MaineDOT's Project Manager.
The Municipality shall provide MaineDOT with a public process certification modeled after
Communication 10 from the LPA Manual, as part of the Project's environmental package.
S. NATIONAL ENVIRONMENT POLICY ACT. MaineDOT will carry out the National
Environmental Policy Act (NEPA) compliance process for the Project. The Municipality shall
provide MaineDOT with signed Communication 11 from the LPA Manual and the completed NEPA
Documentation Checklist to assist with this work.
9. PERMITS. The Municipality shall obtain all approvals, permits and licenses required to carry out the
Project. The Municipality shall provide MaineDOT with copies of all such documents and an
environmental certification modeled after Communication 12 from the LPA Manual, as part of the
final PS&E package for the Project.
10. UTILITIES. The Municipality shall coordinate the Project with affected utilities and railroads. The
Municipality shall provide MaineDOT with a utility certification modeled after Communication 13
from the LPA Manual, as part of the final PS&E package. MaineDOT's Utility Accommodation
Rules (2014) shall apply to utility relocations for the Project.
11. RIGHT-OF-WAY. The Parties will coordinate acquisition of rights-of-way as follows:
A. MaineDOT will carry out the right-of-way process for sections of the Project on the state
highway system.
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B. The Municipality shall carry out the right-of-way process for sections of the Project that are not
on the state highway system. In doing so, the Municipality shall:
i. Abide by the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (Uniform Act); and
ii. Use the federally approved MaineDOT "Right of Way Manual"; and
iii. Provide MaineDOT with a signed right-of-way certification modeled after
Communication 14 from the LPA Manual, as part of the final PS&E package.
C. The Municipality shall dedicate permanently, for public use, any municipal property needed for
the Project.
12. FORCE ACCOUNT. If the Municipality intends to construct the Project with municipal labor or
materials, the Municipality shall submit written justification to MameDOT based on the guidance in
Section 9 of the LPA Manual, "Agency Force Account Work," and obtain written authorization from
MaineDOT. If authorized to use a force account process, the Municipality shall comply with the
regulations in 23 CFR, parts 635.201 to 635.205: "Force account construction."
13. ADVERTISE. Unless MameDOT approves "force account" work, the Municipality shall use
competitive bidding to hire a construction contractor upon receiving written authorization to
advertise from MaineDOT, as follows:
A. The Municipality shall follow the procedures in MaineDOT's Standard Specifications
(November 2014 Edition), Section 102, "Bidding."
B. The Municipality shall submit bid tabulations to MaineDOT for review and shall obtain written
approval from MameDOT before awarding a contract.
14. AWARD. Upon receiving written approval from MaineDOT, the Municipality shall award a contract
to the lowest responsive, responsible bidder in accordance with MameDOT's Standard
Specifications (November 2014 Edition), Section 103, "Award and Contracting." The Municipality
shall administer the contract for the duration of the Project.
15. CONSTRUCTION. During construction of the Project, the Municipality shall:
A. Provide a Project Resident who is either a qualified municipal employee with LPA certification
or a consultant hired through a qualifications -based selection method; and
B. Hold a pre -construction meeting with notice of at least 5 working days with representatives of
MaineDOT, the contractor, utilities and other parties involved in or affected by the work; and
C. Coordinate materials testing necessary to meet the Minimum Testing Requirements that
MaineDOT established for the Project; and
D. Submit contract modifications to MaineDOT for review and concurrence before executing them,
acknowledging that MaineDOT may not reimburse the Municipality for work performed under
any modification executed without such prior review; and
E. If applicable, provide MaineDOT with revised as -built plans for the completed Project.
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16. INSPECTION. MaineDOT or its designee will inspect the completed Project for compliance with
the design plans, specifications and provisions of the construction contract for the Project.
MaineDOT may not reimburse the Municipality for the cost of any work that is out of compliance
with the design plans, specifications or provisions of the construction contract.
MAINTENANCE
The Municipality shall maintain the improvements completed under the Project in accordance with
Maine law: Title 23 MRSA, §754, "Town maintenance in compact areas." This section shall survive the
expiration of this Agreement.
RECORDS AND AUDITS
Project Records are printed or electronic plans, specifications, contracts, reports, notes, or other
documents prepared by or for the Municipality. The Municipality shall retain all such records for at
least 3 years from the date either 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 at least until all issues arising from any
such action are resolved.
2. The Municipality and any contracted party working on its behalf shall allow authorized
representatives of the Federal Government and the State of Maine to inspect and audit Project
records, at reasonable times. Copies of records shall be furnished at no cost to the federal or state
agencies requesting them.
3. Audits shall be performed in accordance with generally accepted government auditing standards and
federal regulation 2 CFR, Section 200, Subpart F: "Audit Requirements."
4. This Records and Audits section shall survive the termination or expiration of this Agreement.
MISCELLANEOUS PROVISIONS
1. GOVERNING LAW. The Parties agree to comply with all applicable federal, state and local laws,
regulations, executive orders and ordinances including, but not limited to, the provisions of Title 23
of the Maine Revised Statutes Annotated (MRSA), "Transportation"; Title 23 in the Code of Federal
Regulations (CFR), "Highways"; 49 CFR, "Transportation"; and 2 CFR, Section 200, "Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards."
2. INDEMNIFICATION. To the extent allowed by law, the Municipality shall indemnify, defend and
hold harmless MaineDOT, its officers, agents and employees from all claims, suits or liabilities
arising from negligent or wrongful act, error or omission by the Municipality, its officers,
employees, agents, consultants or contractors. Nothing in this article 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 other privileges or immunities provided by law. This
indemnification section shall survive the termination or expiration of this Agreement.
3. CONFIDENTIALITY. The Municipality shall protect the confidentiality of right-of-way
negotiations, property appraisals, and engineering estimates of the construction cost to the extent
required by 23 M.R.S.A. Section 63, "Confidentiality of Records."
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4. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement:
A. The Municipality 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 Municipality shall take affirmative action to assure that applicants are
employed and employees are treated during employment without regard to their race, color,
religion, sex, age, national origin, physical or mental disability, or sexual orientation. The
Municipality agrees to post in conspicuous places available to employees and applicants for
employment notices setting forth the provisions of this nondiscrimination clause.
B. The Municipality shall state, in all solicitations or advertising for employees placed by or on
behalf of the Municipality relating to this Agreement, 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 Municipality shall cause the foregoing provisions to be inserted in any contract for any work
covered by this Agreement so that such provisions shall be binding upon each contractor,
provided that the foregoing provisions shall not apply to contracts or subcontracts for standard
commercial supplies or raw materials.
5. INDEPENDENT CAPACITY. The Municipality, its employees, agents, representatives, consultants
and contractors shall not act as officers, employees or agents of MaineDOT.
6. FLOW DOWN. Contracts between the Municipality and all third parties shall contain or incorporate
by reference applicable provisions of this Agreement.
7. BINDING EFFECT. The Parties shall be bound by the terms of this Agreement, which shall apply to
its executors, their successors, administrators and legal representatives.
8. ENTIRE AGREEMENT. This document represents the entire Agreement between the Parties.
Neither MaineDOT nor the Municipality shall be bound by any statement, correspondence,
agreement or representation not expressly contained in this Agreement.
CONFLICT OF INTEREST
1. No person or entity with a direct or indirect financial or personal interest in any contract or
subcontract for the Project shall negotiate, make, accept or approve any such contract or subcontract.
2. The Municipality shall refrain from hiring any engineer, lawyer, appraiser, inspector or other
professional to provide services for the Project who has 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 Municipality. No officer or employee of any such engineer, lawyer, appraiser,
inspector or other professional retained by the Municipality to work on the Project shall have a direct
or indirect financial or other personal interest in any real property acquired for the Project unless
such interest is openly disclosed to MaineDOT and such officer, employee or person has not
participated in such acquisition for and on behalf of the Municipality.
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3. No person or entity entering into a contract for the Project may have a direct or indirect financial or
other interest in the Project or its outcome other than the performance of the contract. This
prohibition includes, without limitation:
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 interest was disclosed to the
Municipality before the person or entity entered into the contract.
DEBARMENT
By signing this Agreement, the Municipality certifies to the best of its knowledge and belief that it
and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any federal department or agency.
If the Municipality cannot certify to this statement, it shall attach an explanation to this Agreement.
For the term of this Agreement, the Municipality shall notify MaineDOT promptly if it or its
principals are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in this transaction by any federal department or agency.
2. if the Municipality contracts with any third party pursuant to this Agreement, the Municipality shall
require that party and its principals to certify that they:
A. Have not within a 3 -year period preceding the date of such contract been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense 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. Violating federal or state antitrust statutes;
iii. Committing embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
B. Are not under indictment for or otherwise criminally or civilly charged by a federal, state, or
local agency with commission of any of the offenses listed in section 2A above;
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.
3. The Municipality agrees that it shall not hire an outside entity that is debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal
department or agency.
LOBBYING
By signing this Agreement, the undersigned municipal representative certifies, to the best of her
knowledge and belief, that:
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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 an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the Municipality shall complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The Municipality shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under
grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose
accordingly.
DEFAULT AND TERMINATION
1. DEFAULT. MaineDOT will send the Municipality a written Notice of Default if the Municipality
commits any of the following:
A. Withdraws its support for the Project, resulting in cancellation of the Project;
B. Fails to advertise the Project within 3 years of the execution date of this Agreement;
C. Takes any action that renders the Project ineligible for federal funding;
D. Uses Project funds for a purpose not authorized by this Agreement;
E. Misrepresents or falsifies any claim for reimbursement;
F. 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 Municipality, as defined above. MaineDOT will afford the Municipality a
cure period of 14 calendar days, effective on the Municipality's receipt of Notice of Default. If the
Municipality fails to address all defaults within this cure period or such longer period as MaineDOT
may authorize, MaineDOT may terminate this Agreement for cause, with these conditions:
A. MaineDOT will recover from the Municipality all reimbursements made to the Municipality and
all of MaineDOT's internal costs incurred for work on the terminated Project. All federal and
state funds recovered from the Municipality shall be made available to the MPO upon closeout
of the Project.
3. TERMINATION FOR CONVENIENCE. The Parties may terminate this Agreement for
convenience by mutual consent for any reason not defined as "default," as follows:
A. MaineDOT will reimburse the Municipality for eligible work performed until the effective date
of termination for convenience. The Municipality's share of MaineDOT's costs for work on the
Project shall be deducted from the final invoice amount owed to the Municipality.
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AGREEMENT APPROVAL
The Municipality's undersigned representative assures that the Municipality's official legislative body
has approved the Municipality's entry into this Agreement, has appropriated or authorized use of
required matching funds, and has authorized the representative to sign this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective on the date last signed
below.
City of Bangor
Catherine M. Conlow, City Manager
Date:
Maine Department of Transportation
In
William A. Pulver, P.E., Director,
Bureau of Project Development
Date:
I certify that the foregoing signature is true and accurate. I further certify —pursuant to 10 M.R.S.A. §9502, et seq. — that the signature,
if'electronic: (a) is intended to have the same force as a manual signature, (h) is unique to me, (c) is capable of'verification, (d) is under
my sole control, and (e) is linked to data in such a manner that it is invalidated if'the data are changed.
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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
Municipality shall sign this document under (B) below and return it with the Project Agreement.
Additionally, the Municipality shall provide the following information, if applicable:
A) The total compensation and names of the top five officers if:
More than 80% of the Municipality'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 07-173-9692
Sign and Print Legal CCR Name DUNS' Number
Authorized Representative:
Catherine M. Conlow, City Manager
FFA TA Disclosure Page 1 of 1
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U.S. Department of Transportation (U.S. DOT)
Federal Highway 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 (U.S. DOT) through the Federal Highway
Administration (FHWA), it is subject to and will comply with the following:
Statutory/Regulatory Authorities
0 Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of 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);
• 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 hereinafter are referred to 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 U.S. DOT,
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 programs:
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 (with regard to an "activity facilitated, or will be (with
regard to a "facility operated, or will be (with regard to 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 Highway Programs and, in adapted form, in all proposals for negotiated
agreements regardless of funding source:
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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 with regard
to any matter arising under the Acts, the Regulations, and this Assurance.
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By signing this ASSURANCE, the Recipient 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 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. You must keep records, reports, and submit the
material for review upon request to the FHWA, 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 Recipient 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 U.S. Department of Transportation. This
ASSURANCE is binding on the Recipient, other recipients, sub -recipients, sub -grantees, contractors,
subcontractors and their subcontractors', transferees, successors in interest, and any other participants
in it programs. The person signing below is authorized to sign this ASSURANCE on behalf of the
Recipient.
DATED
Catherine M. Conlow, City Manager
City of Bangor
Encl.: Appendices A and E
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JUNE 25, 2018
APPENDIX A TO THE TITLE VI ASSURANCES
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 Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, 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 as set forth in Appendix E, including
employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49
CFR Part 21.
I 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 Recipient or the Federal Highway
Administration, 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 Recipient or the Federal Highway Administration, 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 Recipient will impose such contract sanctions as it or the Federal Highway
Administration, may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six 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 Recipient or the Federal Highway Administration, may direct
as a means of enforcing such provisions including sanctions for 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.
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APPENDIX E TO THE TITLE VI ASSURANCES
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. §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 programs and projects);
• Federal 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 U.S.C. §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 al I of the programs or activities of the Federal recipients, sub -recipients
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 assures 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 assure compliance with Title VI, you must take
reasonable steps to assure 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 of sex in education programs or activities (20 U.S.C. 1681 et seq.).
Federal Title Fl Assurances Page 5 of 5
IN CITY COUNCIL
JUNE 25, 2018
CO 18-257
PASSED
Braget,..„)
CITY CLERK