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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%. l� 11 20'082 FEBRUARY 24,2020 ADA ACCESSIBLE --__ RAMP AND SPACES � � ---~�1 ( � ' FACE EXISTING RETAINING �ALLWITH GRANITE BLOCK OR CURBING SEE INSET FOR DUTTON ' 3T. 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LLL 20-082 FEBRUARY 24, 2020 ' MaineDOT use only r ,f AMS ID: CSN: 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 20-082 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 20-082 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 20-082 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