HomeMy WebLinkAbout2020-02-24 20-082 Order
02/24/202020-082
02/24/2020
20-082
Engineering
Order
N/A
Title, Order
Authorizing City Manager to Execute a Maine Department of Transportation Locally Administered Project for
WIN #024771.00, Riverfront Trail Enhancements.
The Order would authorize the City Manager to execute an agreement with Maine Department of
Transportation for WIN #024771.00, Riverfront Trail Enhancements.
The scope of work consists of design and construction of enhancements to Bangor's Riverfront trail
system to include lighting and a new trail spur.
Agreement amount is $400,405.00, with a Federal Share of $320,324.00 or 80% and the City of
Bangor Local Match is $80,081.00 or 20%.
Infrastructure Committee
02/18/2020
Recommend for passage
50
Staff recommends approval.
Consent
02/24/202020-082
CITY OF BANGOR ORDER
02/24/2020
20-082
Fournier
Authorizing City Manager to Execute a Maine Department of Transportation Locally Administered Project for
WIN #024771.00, Riverfront Trail Enhancements.
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 Maine Department of
Transportation Locally Administered Project WIN #024771.00, Riverfront Trail Enhancement, in the amount of
$400,405.00, with a Federal Share of $320,324.00 or 80% and the City of Bangor Local Match is $80,081.00
or 20%.
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20'082
FEBRUARY 24,2020
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20-082
FEBRUARY 24, 2020
' MaineDOT use only
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TEDOCS #:
MaineDOT PROGRAM: Multimodal Program
MAINE DEPARTMENT OF TRANSPORTATION
Agreement for a Federally Funded Locally Administered Project
With the
City of Bangor
Regarding
Riverfront Trail Enhancements
(Payable Agreement)
For MaineDOT Use Only
Agreement Amount: $400,405.00 Federal Authorization Date: 01/15/2020
Federal Share: $320.324.00 Federal Project #: 2477100
State Share: $0.00 MaineDOT WIN: 024771.00
Local Share: $80.081.00 Municipality's Vendor ID: VC1000007010
Effective Date: Upon MaineDOT's Signature Municipality's DUNS #: 07-173-9692
Expiration Date: 12/31/2023 CFDA#: 20.205 Highway Planning and Construction
This Agreement for a federal -aid 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.
RECITALS
This Agreement shall apply to a Scope of Work consisting of design and construction of
enhancements to Bangor's Riverfront trail system to include lighting, restroom, and a new trail spur
(the Project); and
2. MaineDOT programmed the Project inclusion in its Work Plan for calendar years 2020 through 2022
at the request of the Municipality, using congressionally designated funding; and
3. The Municipality, unless otherwise specified in this Agreement, shall be responsible for carrying out
all stages of the Project as a Locally Administered Project (LAP), subject to oversight from
MaineDOT to ensure that all requirements of this Agreement are met.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing statements, the Parties agree to the following:
APPENDICES
® Federal Funding Accountability and Transparency Act Form (signature required);
® Federal Title VI Assurances signed and dated January 20, 2020.
Agreement with City of Bangor, Riverfront Trail, WIN 024771.00 Page I of 10
20-082
FEBRUARY 24. 2020
ROLES AND RESPONSIBILITIES
ROLE OF MUNICIPALITY. The Municipality shall assign a full-time administrative or public
works employee with Local Project Administration (LPA) certification from MaineDOT to be
responsible for the Project. This local project administrator shall abide by the latest edition of
MaineDOT's Local Project Administration Manual & Resource Guide (LPA Manual). If this
certified administrator 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: Ted Trembley, Project Engineer
Email: ted.trembley@bangormaine.gov
Phone: (207) 992-4251
2. ROLE OF MATNEDOT. MaineDOT will assign a Project Manager to carry out the State of Maine's
responsibilities. The Project Manager or designee will have the authority to request design changes
meet applicable laws, regulations and design standards; accept and reject invoices; inspect
construction activities; and take all other action to assure the proper performance of this Agreement.
❑ Project Manager: Dan Loring
Email: Daniel.M.Lot-ing@maine.gov
Phone: 207-624-3451
FINANCIAL OBLIGATIONS
1. AUTHORIZATION. The Municipality shall not begin reimbursable work on the Project until:
A. The Federal Highway Administration (FHWA) authorizes the Project; and
B. MaineDOT executes this Agreement; and
C. MaineDOT gives the Municipality a written notice to proceed.
2. PROJECT COST. The estimated cost of the Project is $400,405.00 (Project Cost), which the Parties
shall share at the percentages below. If the final cost of the Project is less than this estimated Project
Cost, the final amounts owed will be adjusted based on the percentages.
Estimated Local Match
Federal Share
Estimated Project Cost
20% 1 $80,081.00
1 80% 1 $320,324.00
$400,405.00
A. FEDERAL SHARE. MaineDOT, using federal -aid funding from the FHWA, will share in the
Project Cost at the rate of 80 percent, up to $320,324.00.
B. LOCAL MATCH. The Municipality shall share in the Project Cost at the rate of 20 percent, for
an estimated local match of $80,081.00 that is not be from other federally assisted programs.
Additionally, the Municipality shall be responsible in full for:
All costs exceeding the estimated Project Cost, unless otherwise agreed upon by the
Parties through an executed modification to this Agreement;
ii. All costs incurred before the effective date of this Agreement; and
iii. All costs that MaineDOT determines to be ineligible for federal participation.
Agreement with City of Bangor, Riverfront Trail, WIN 024771.00 Page 2 of 10
20-082
FEBRUARY 24. 2020
C. FINANCIAL UPDATES. The MaineDOT Project Manager will review the estimated Project
Cost with Municipality and provide and a report of expenditures to date at these milestones:
i. At completion of the Preliminary Design Report;
ii. At completion of Design Plan Impacts (Plan Impacts Complete);
iii. At completion of property valuations, if applicable; and
iv. At completion of the final Plans, Specifications & Estimate (PS&E) package.
D. LOCAL COMMITMENT. Upon receiving an updated estimate from MaineDOT, the
Municipality shall provide MaineDOT's Project Manager with one of the following:
L A statement acknowledging the estimate and affirming its commitment to the Project; or
ii. A request to withdraw the Project and reimburse MaineDOT for all costs incurred.
3. REIMBURSEMENT. The Municipality may invoice MaineDOT periodically for the federal share of
costs incurred on the Project. Invoices should be modeled after Communication 4 from the LPA
Manual and submitted on a schedule agreed to by the Parties, as follows:
A. Each invoice shall include a progress report for the service period of the invoice.
B. Each invoice shall document the charges incurred and proof of payment made in sufficient
detail to satisfy the MaineDOT Project Manager.
C. Each invoice shall show MameDOT's and the Municipality's portions of Project costs,
including a running total of costs incurred to date.
D. The Municipality 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 Municipality
shall submit to MaineDOT one final invoice modeled after Communication 20 from the LPA
Manual. Payment of this invoice shall be contingent on a passing inspection of the Project by
MaineDOT and, if applicable, the receipt by MaineDOT of a completed Consultant Evaluation
Form from the Municipality.
4. MAINEDOT COSTS. MaineDOT will charge to the Project costs incurred for services performed on
the Project. The Municipality shall share in these costs commensurate with its share percentage of
the Project. At a minimum, MaineDOT will reconcile these costs upon completion of the Project and
deduct the Municipality's share percentage from the final invoice payment under section 3E above.
5. TERM. The Municipality shall complete the Project and submit a final invoice to MaineDOT by the
Expiration Date of this Agreement. The Municipality shall submit any request for a date extension to
MaineDOT in writing before the end of the original period of performance.
6. REPAYMENT. If the Municipality withdraws from the Project, the Municipality shall refund all
Project payments from MaineDOT and reimburse MaineDOT for all costs incurred on the Project,
within 30 days of receipt of an invoice from MaineDOT for the same.
7. SET-OFF RIGHTS. MaineDOT shall have all of its common law, equitable and statutory rights of
set-off. These rights shall include, but shall not be limited to, the State of Maine's option to
withhold for the purposes of set-off any money due and owing to the Municipality under a specific
Agreement with City of Bangor, Riverfront Trail, WIN 024771.00 Page 3 of 10
20-082
FEBRUARY 24. 2020
project contract up to any amounts due and owing to MaineDOT regarding this Agreement, and any
other agreement/contract with any State department or agency, including any agreement/contract for
a term commencing before the term of this Agreement. MaineDOT shall exercise its set-off rights in
accordance with standard state practices including, in cases of set-off pursuant to an audit, the
finalization of such audit. When applicable, MaineDOT reserves the right to withhold or reduce
future Local Road Assistance payments to the Municipality for purposes of set-off to recover any
amount owed.
8. OBLIGATION OF FUNDS. The Municipality acknowledges and agrees that, although the execution
of this Agreement by MaineDOT manifests its 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 Maine Legislature and the Federal Government. This Agreement, therefore,
does not create any obligation on behalf of MaineDOT in excess of such appropriations
PROJECT DEVELOPMENT
KICKOFF. The Parties shall hold Project Kickoff to go over the scope of work, Project Cost,
schedule, and legal requirements for the Project upon execution of this Agreement.
2. PROGRESS REPORTS. The Municipality shall provide written progress reports for the Project at
intervals established by MaineDOT's Project Manager.
3. HIRING CONSULTANTS. If the Municipality intends to hire a consultant using federal funds, the
Municipality shall use a qualifications -based selection in accordance with 23 CFR Part 172 and
Chapter 2 of the LPA Manual, "Consultant Selection," as set out below.
A. Using price as a ranking factor shall make consultant work ineligible for reimbursement.
B. The Municipality shall obtain MaineDOT's written approval of any contract or contract
modification. Work performed without such approval shall be ineligible for reimbursement.
C. The provisions of MaineDOT's Consultant General Conditions shall apply to such work.
D. The Municipality shall fill out a standard Consultant Evaluation Form upon completion of its
contract with any consultant. A copy of the completed form shall be provided to MaineDOT.
4. SURVEY. Unless otherwise approved in writing, MaineDOT will perform survey work and prepare
an Existing Conditions Plan for sections of 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 MaineDOT's Engineering Practices and Procedures, Standard
Specifications, and Standard Details. The design of the Project shall comply with the Americans
with Disabilities Act (ADA) and all other applicable laws and 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).
Agreement with City of Bangor, Riverfront Trail, WIN 024771.00 Page 4 of 10
20-082
FEBRUARY 24. 2020
B. The bid documents for the Project shall reference MaineDOT's Standard Specifications and
contain all applicable special provisions and federal requirements, including, but not limited to,
Davis -Bacon Wages, Form FHWA-1273, and Title VT Assurances signed by the Municipality's
highest-ranking administrative officer.
C. Tf the Project will require MaineDOT staff to use electronic design files prepared by or for the
Municipality, such files shall conform to MaineDOT's policy on electronic exchange of CADD
data: http://www.maine.gov/mdot/caddsupport/
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 construction authorization once MaineDOT
accepts the final PS&E package as complete. Receipt of such authorization shall not relieve the
Municipality and its contracted consultant, if applicable, of responsibility for meeting all
engineering standards and regulatory requirements that apply to the Project.
6. PUBLIC PARTTCIPATTON. During design, the Municipality shall give the public and all abutters
an opportunity to learn about and comment on the Project through a public participation process 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.
7. NEPA PROCESS. MaineDOT will carry out the National Environmental Policy Act (NEPA)
compliance process. Upon finalization of the Preliminary Design Report 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.
8. PERMITS. Upon obtaining all approvals, permits and licenses for the Project, the Municipality shall
provide MaineDOT with a signed environmental certification modeled after Communication 12 from
the LPA Manual, as part of the final PS&E package for the Project.
9. UTILITIES. The Municipality shall identify all utilities affected by the Project and coordinate any
required relocations. Upon completion of utility coordination, the Municipality shall provide
MaineDOT with a signed utility certification modeled after Communication 13 from the LPA
Manual, as part of the final PS&E package for the Project.
10. RTGHT-OF-WAY. The Parties will coordinate acquisition of rights-of-way, as follows:
A. MaineDOT will carry out the right-of-way process on the state highway system.
B. Tf applicable, the Municipality shall carry out the right-of-way process for sections of the
Project off 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, as amended (the Uniform Act); and
ii. Follow the standards set out in the MaineDOT Right of Way Manual; and
iii. Provide MaineDOT with a right -of --way certification modeled after Communication 14
from the LPA Manual, as part of the final PS&E package.
Agreement with City of Bangor, Riverfront Trail, WIN 024771.00 Page 5 of 10
20-082
FEBRUARY 24. 2020
C. The Municipality shall dedicate permanently to the Project, for public use, any municipal
property needed for the Project.
11. FORCE ACCOUNT. If the Municipality intends to construct the Project with municipal labor or
materials, it shall obtain written authorization from MaineDOT to use a force -account process.
12. ADVERTISE. Unless MaineDOT approves otherwise in writing, the Municipality shall use
competitive bidding to hire a construction contractor upon receiving written authorization from
MaineDOT. Advertising without such authorization will make the Project ineligible for federal
funding. The bid process shall follow the procedures in MaineDOT's Standard Specifications
(November 2014 Edition), Section 102, "Bidding."
13. AWARD. Upon receiving written approval from MaineDOT, the Municipality shall award a contract
to the lowest responsive and responsible bidder in accordance with MaineDOT's Standard
Specifications (November 2014 Edition), Section 103, "Award and Contracting." The Municipality
shall administer the contract for the duration of the Project.
14. CONSTRUCTION. During construction, the Municipality shall:
A. Provide a Project Resident to perform inspection and documentation work who is either a
municipal employee qualified to perform this work or a consultant hired through a
qualifications -based selection method;
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;
C. Coordinate materials testing to meet the Minimum Testing Requirements for the Project;
D. Submit proposed contract modifications to MaineDOT for review and concurrence,
acknowledging that MaineDOT reserves the right to deny reimbursement to the Municipality
for work performed under a modification executed without MaineDOT's concurrence; and
E. If applicable, provide MaineDOT with revised as -built plans for the completed Project.
15. FINAL INSPECTION. MaineDOT will inspect the completed Project for compliance with the
design plans, specifications and provisions of the construction contract. MaineDOT reserves the
right not to reimburse the Municipality for work determined to be out of such compliance.
OPERATION AND MAINTENANCE
The Municipality shall operate and maintain the completed Project for the duration of its useful design
life as determined by accepted engineering standards. Maintenance shall consist of general upkeep,
including snow and ice control, and repairs necessary to preserve year-round public access, including for
persons with disabilities, with only isolated or temporary interruptions. If necessary, MaineDOT may
undertake maintenance and invoice the Municipality for the cost of the work. This section shall survive
the expiration of this Agreement.
RECORDS AND AUDITS
1. PROJECT RECORDS. Project Records, whether printed or electronic, shall include all plans,
specifications, contracts, reports, notes, or other documents prepared by or for the Municipality
Agreement with City of Bangor, Riverfront Trail, WIN 024771.00 Page 6 of 10
20-082
FEBRUARY 24. 2020
(Project Records). The Municipality shall retain all Project Records for at least 3 years from the date
of MaineDOT's acceptance of the final invoice for the Project or the termination of this Agreement,
whichever is sooner. If any litigation, claim, negotiation or audit has begun before the end of this
retention period, all Project Records shall be kept at least until all related issues are resolved.
2. ACCCESS. The Municipality and any contracted party working on its behalf shall allow
representatives of the Federal Government and the State of Maine to inspect and audit Project
Records. Copies shall be furnished at no cost to the federal or state agencies requesting them.
3. AUDITS. Project audits comply with the requirements of Title 2 of the Code of Federal Regulations,
Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards."
4. This Records and Audits section shall survive the termination or expiration of this Agreement.
GENERAL PROVISIONS
1. GOVERNING LAW. The Parties shall comply with 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), Title 23 in the United States Code for statutory
law, and Title 23 in the Code of Federal Regulations (CFR) for administrative law.
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 any negligent or intentionally wrongful act, error or omission by the Municipality, its
officers, employees, agents, consultants or contractors. Nothing herein shall waive any defense,
immunity or limitation of liability available 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. §63, "Confidentiality of Records."
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 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 Municipality agrees to post in conspicuous places available to employees and
applicants for employment notices setting forth the provisions of this section.
B. The Municipality — in all solicitations or advertising for employees placed by or on behalf of
the Municipality 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.
Agreement with City of Bangor, Riverfront Trail, WIN 024771.00 Page 7 of 10
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FEBRUARY 24. 2020
C. The Municipality shall cause the foregoing provisions to be inserted into any contract for work
covered by this Agreement so that such provisions shall be binding upon each contractor,
except for contracts or subcontracts for standard commercial supplies or raw materials.
5. 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.
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.
CONFLICTS OF INTEREST
1. No officer or employee of the Municipality with a financial or other personal interest in any contract
or subcontract for the Project shall negotiate, make, accept or approve any such contract or
subcontract.
2. No professional performing services for the Municipality on the Project shall have a financial or
other personal interest in any contract or subcontract for the Project, other than the person's
employment or retention by the Municipality. No officer or employee of any professional
performing services for the Municipality on the Project shall have a financial or other personal
interest in property acquired for the Project, unless the interest is openly disclosed, and such officer
or employee has not participated in acquisition for and on behalf of the Municipality.
3. No pet -son or entity entering into a contract for services for the Project shall have a financial or other
interest in the Project or in its outcome, other than the performance of the contract. This prohibition
covers the following:
A. Any agreement with, or other interest involving, third patties having an interest in the outcome
of the Project that is the subject to the contract; and
B. Any agreement providing incentives or guarantees of future work on the Project or related
matters; and
C. Any interest in real property acquired for the Project unless such real property interest is openly
disclosed before the person or entity enters into the contract.
THIRD -PARTY CERTIFICATION
By signing this Agreement, the Municipality certifies that if it contracts with an entity, the Municipality
shall require that entity and its principles to certify that they:
1. Have not within the 3 years preceding the date of such a contract been convicted of a crime or had a
civil judgment rendered against them regarding obtaining, attempting to obtain, or performing a
federal, state or local public transaction or contract under a public transaction; violation of antitrust
Agreement with City of Bangor, Riverfront Trail, WIN 024771.00 Page 8 of 10
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FEBRUARY 24. 2020
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
2. Are not indicted for or otherwise criminally or civilly changed by a federal, state or local
governmental entity with commission of any of the offenses enumerated in this section; and
3. 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.
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 this transaction 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. Additionally, the Municipality agrees that it shall not hire a consultant or contractor who 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 that:
No federal funds have been paid or will be paid, by or on behalf of the Municipality, to any person
for influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress, concerning
the awarding of any federal contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress concerning 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 the language of this certification to be included in the award
documents for all sub -awards and that all sub -recipients shall certify and disclose accordingly.
DEFAULT AND TERMINATION
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 without
receiving an extension in writing from MaineDOT;
Agreement with City of Bangor, Riverfront Trail, WIN 024771.00 Page 9 of 10
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FEBRUARY 24. 2020
C. Takes any action that makes 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 any 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 and all of MaineDOT's
internal costs for work on the terminated Project.
B. The Municipality shall forfeit all federal funds remaining in the terminated Project.
3. TERMINATION FOR CONVENIENCE. The Parties may terminate this Agreement for
convenience by mutual consent for any reason not defined as "default." MaineDOT, at its sole
discretion, may reimburse the Municipality for eligible work performed on the Project until the
effective termination date. The Municipality's share of MaineDOT's internal costs for work on the
Project shall be deducted from the final invoice amount owed to the Municipality.
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.
The Parties have executed this Agreement effective on the date last signed below.
City of Bangor
LIZ
Catherine M. Colo, City Manager *
Date:
Maine Department of Transportation
LIZ
Richard J. Crawford, 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, (b) 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.
Agreement with City of Bangor, Riverfront Trail, WIN 024771.00 Page 10 of 10
20-082
FEBRUARY 24. 2020
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.
Tf 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
FFATA Disclosure Page I of I
20-082
FEBRUARY 24. 2020
1U.S. Department of Transportation (USDOT)
Federal ffihwav Adrninistration --- Stan dand Title VI / Nor) discrimin ation Assurances
DOT Order No..1050.2A
The City of Bangor (the Recipient.) AGREES THAT, as a condition of receiving Federal financial
assistance from the IJ,S. Department of Transportation (USDOT) through the Federal Highway
Administration (FHWA), it is subject to and will comply with the following:
ttW1gLqry Authorifies
Title VI of the Civil Rights Act of 1964 (42 U&C. §2000d ct seq., 78 stat, 252), which
prohibits cliscrimination based on race, color, national origin;
49 C.F.R. Part 21 (entitled Nondiscrimination in Federally -Assisted Fero gr°a.rns of the
Departnient 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
"Regulations" respectively.
General Assm`wLces
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy,
mernoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any
measures necessary to assure that:
"No person in the United Stale_�s, shall, on the grounds, of race, color, or national oril,Yin, be excluded
Jronr participation in, be denied the benelits (a,/,' or be otherwisesubjected to discrinrinotion under any
program or, activity, "for which the Recipient receives Federal financial assistance front the USDOT,
including the FI-IWA. "
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 1.975, and Section 504 of
the Rehabilitation Act of 1973) by restoring the broad, institutional -wide, scope arid 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,
More specifically, and without linviting the above general Assurance, the Recipient agrees with and
gives the following Assurances with respect to its federally assisted Federal -aid Highway Program:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 2123 (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 (xegarding a "program conducted in compliance with all
requirernents 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 regarding all
Federal -Aid Highway Programs and, in adapted form, in all proposals for negotiated
agreements regardless of funding source:
Federal 771.1e VlAssurances (Rev, 10.29.18) Page I o.f5
20-082
FEBRUARY 24. 2020
"I'lie City of Bangor, in accordance with the provisions of'Fitle VI of the Civil Rights Act
of 1.964 (78 Stat. 252, 42 U.&C. §§ 2000d to 20OOd-.4) and the Regulations, hereby notifies
all bidders that it will affirmatively assure that any contract traercd Into pursuarlt to this
advertiserrient, disadvantaged business enterprisers will be afforded full opportunity to
subrnit bids in response to this invitation and will not be discrirninated 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 ill every
contract or agreement subject to the Acts and the Regulations.
4 f,
_qp)lLfiQ,abtg�, ,the Recipient will in, sert 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 forin, 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 Oap pji(�,able., the Recipient will include the clauses set forth in Appendix C and Appendix D
of this Assurance, as a covenant running with die land, in any future deeds, leases, licenses,
permits, or sirnilar instruments entered. into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable
activity, prqject, or prograrn; 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, prqject, or prograrn.
if. 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 irnprovements 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 plirpose 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 prograirs as are found by
the Secretary of Transportation or the official to whom fie/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 judiciat enforcement regarding
any matter arising under the Acts, the Regulations, and this Assurance,
Federal Title V1 Assurances (Rev. 0.2 .18) Page 2 of'5
20-082
FEBRUARY 24. 2020
By signing this ASSIJRANCE, the City of Bangor also agrees to corriply (arid require any sub -
recipients, sub--gyrautees, contractors, successors, transferees, and/or assignees to comply) with all
applicable provisions governing the FFIWA and USDOT access to records, accounts, documents,
information, facilities, and staff, 'You also recognize that you. must comply with any prograni or
compliance reviews, and/or coinplaint investigations conducted by the FHWA arid Ljsr)ar. You
must keep records, reports, arid submit the material for review upon request to the FHWA and
USDOT, or their, designees, in a timely, complete, and accurate way. Additionally, you must comply
with all other reporting, data collection, and evaluatior) requirements, as prescribed by law or
detailed in pr-ograrn guidance.
The City of Bangor gives this ASSLJRANCE in consideration of and for obtaining any Federal grants,
loaris, conh'acts, agreements, property, and/or discounts, or other Federal arid Federal finaru',ial
assistance extended after the date hereof to the recipients by the USDOT under the Federal. -Aid
Highway FIrograrn, This ASSURANCE is binding on the State of Maine, ottkerrecipients, Sub -
recipients, sub -grantees, contractors, subcontractors and their- subcontractors', transferees, successors
in interest, and any other participants in the Federal -Aid Highway Program. The person signing
below is authorized to sign this ASSURANCE on behalf of the Recipient.
City of Bangor
By- - -------- -
Catherine M. Conlow, City Manager-
DATED_._._� 2A
Encl.: Appendices A and E
Federal Thle VI Assurances (Rev. 10.29J8) Page 3 a11'5
20-082
FEBRUARY 24. 2020
APPENDIX A TO THE TITLE VI ASSURANCES
DLII'jl')g the perfo)rmance of this contract, the contractor, -for itself, its assignees, and successors in interesli
(hereiriafter referred to as the "contractor agrees as follows:
1. Compliance with Regulations: I'lie contractor (hereinafter includes consultants) will cotnply with. the
Acts and the Regulations relative to Nondiscrimination in Federally -assisted progranis ofthe U.S.
Departruetrt ofTfansportation, Federal.ffighway Administration (FHWA),as they may be amended
from tirrie to fiine, which marc hercn) incorporated by refercuce arid rnade a part of this contract.
2. Non-discrimination. The contractor, regarding the work perforryied by it during the contract, will rlot
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 ernployrnent practices when the contract covers any activity, project, or
pr(--)gj.-an'). set forth in Appendix B of 49 CFR Part 2l.
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 Nou-discrimination on tbe. 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,
a.ccounts, other sources of information, and its facilities as may be determined by the Recipient or the
VHWA, to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any
information required of a. contractor is in the exclusive possession ofanother who fails or refuses to
furnish the information, the contractor will so certify to the Recipient 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 Recipient will impose such contract sanctions as it or the
FHWA 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 aconn-act, in whole or in part.
6. Incorporation of Provisions. The contractor will include the provisions of paragraphs one through six
in every suhcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto, The contractor will act with respect to any
subcontract or procurement as the Recipient or the FI- WA 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,
Federal Title V1 Assurances (Rev. 10.29.18) Page 4 oj'S
20-082
FEBRUARY 24. 2020
APPENDIX E TO THE TITLE V1 ASSURANCES
During the perfornaance of this contract, the contractor, for itself, its assignecs, and successors in interest
(hereinafter re feared to as the "contractor") agrees to comply with. the following jion-discru-nination
statutes and authorities, including but not limited to:
Pertinent Non-Discrindnation Authorities:
* Title VI of the Civil Rights A(.,,t of 1964 (42 U.S,C, §20004 et seq., 78 stat, 252), (prohibits
discrimination based on race, color, national origin); and 49 CFR Part 21.
* The Uniform Relocation Assistance and Real. Property Acquisition Policies Act of 1970, (42
US.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal prograrns and projects);
* Federal Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination based on sex);
* Section 504. of the Rehabilitation Act of 1.973, (29 U,S.(,, §794 et seg.), as amended., (prohibits
discrimination based on disability); and 4.9 CFR Part'27;
* The Age Discrirnination Act of 1975, as amended., (42 U.S.C. §6101 et seq.), (prohibits
discrimination based on agc);
* Airport and Airway IMPrOVerrient Act of 1982, (49 U.S.C. §471, Section 47123), as amended,
(prohibits diWrifllinnti0f] 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 arid
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "progyams
or activities" to include all of the pfograrns or activities of the Federal recipients, sub -recipients
and contractors, whether such programs or activities are Federally funded or not);
* Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination based on
disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 C1. .0". §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C,F,R, Parts 37 and 38;
* Tyre Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §471.23) (prohibits
discrimination based on race, color, national origin and sex);
* Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-hicome Populations, which assures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse hurnan 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 V1, you must take
reasonable steps to assure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74-100);
* Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating of sex in education programs or activities (20 U&C. 1681 et seq.).
Federal Title V1 Assurances (Res,. 10,2938) Page 5 of 5
IN CITY COUNCIL
FEBRUARY 24,2020
CO 20-082
PASSED
CIT CLE