HomeMy WebLinkAbout2021-06-14 21-208 OrderCITY COUNCIL ACTION
Council Meeting Date: 06/14/2021
Item No: 21-208
Responsible Dept: Engineering
Requested Action: Order Map/Lot: N/A
Title, Order
Authorizing the City Manager to Execute an Agreement with Maine Department of Transportation for
Preservation Paving of a Portion of Oak Street, WIN #025379.00
Summary
The Order would authorize the City Manager to Execute an agreement with Maine Department of
Transportation for preservation paving of a portion of Oak Street.
The project consists of a mill and fill treatment starting at Washington Street and extending 0.26
miles to State Street.
Total project cost is estimated at $577,182.00, with a Federal match of $461,745.60, State match of
$57,718.20, and a Local match of $57,718.20.
Committee Action
Committee: Infrastructure Committee
Action: Recommend for passage
Staff Comments & Approvals
ai)4 TY) W -
City Manager
Introduced for: Consent
Meeting Date: 06/08/2021
For: 5 Against: 0
��
City Solicitor
Finance Director
CITY OF BANGOR ORDER
Date: 06/14/2021
Item No: 21-208
Assigned to Councilor: Shaefer
Authorizing the City Manager to Execute an Agreement with Maine Department of Transportation for
Preservation Paving of a Portion of Oak Street, WIN #025379.00
Be it Ordered by the City Council of the City of Bangor that,
the City Manager is authorized to execute an agreement with the Maine Department of Transportation for
Preservation Paving of an approximate .26 mile portion of Oak Street from Washington Street to State Street.
21-208
JUNE 14, 2021
MaineDOT use only
AMS ID:
CSN:
MaineDOT PROGRAM: Multimodal Program
MAINE DEPARTMENT OF TRANSPORTATION
Agreement for a Federal -aid Locally Administered Project
With the
City of Bangor
Regarding
Preservation Paving of a Portion of Oak Street
For MaineDOT Use Only - Payable
Agreement Amount: $577,182.00 Federal Authorization Date: 05/18/2021
Federal Share: $461,745.60 Federal Project #: 2537900
State Share: $57,718.20 MaineDOT WIN: 025379.00
Local Share: $57,718.20 Munici
Effective Date: Munici
's Vendor ID: VC10C
I DUNS #: 07-173-9
Expiration Date: 09/30/2025 CFDA #: 20.205 Highwa
This subaward 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
A. This agreement shall apply to preservation paving on Oak Street, consisting of a mill -and -fill
treatment starting at Washington Street and extending, 0.26 mile to State Street (the Project); and
B. The Bangor Area Comprehensive Transportation System, the metropolitan planning organization for
the Bangor Urbanized Area (the MPO), programmed the Project for inclusion in the MaineDOT
2021-2023 Work Plan with the Municipality's support as a member of the MPO.
C. Unless it is otherwise specified in this Agreement, the Municipality shall carry out all stages of the
Project as a Locally Administered Project (LAP), subject to oversight from MaineDOT under Title
23 USC §106(g)(4) 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); and
® Federal Title VI Assurances (signature required).
City of Bangor, Agreement for Oak Street preservation paving, WIN 025379.00 Page I of 10
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JUNE 14. 2021
ROLES AND RESPONSIBILITIES
1. ROLE OF MUNICIPALITY. The Municipality shall assign a full-time employee with appropriate
qualifications and Local Project Administration (LPA) certification from MaineDOT to be
responsible for the Project. This local project administrator shall abide by the latest edition of
MaineDOT's Local Project Administration Manual & Resource Guide (LPA Manual). If this
certified administrator ceases to oversee the Project, the Municipality shall notify MaineDOT.
❑ Local Project Administrator: Ted Trembley, Project Engineer
Email: ted.trembley@bangormaine.gov
Phone: (207) 992-4251
2. ROLE OF MAINEDOT. MaineDOT will assign a Project Manager to carry out the State of Maine's
responsibilities. The Project Manager or designee will have the authority to request design changes
to meet applicable laws, regulations and design standards; accept and reject invoices; inspect
construction activities; and take all other action to assure the proper performance of this Agreement.
❑ Project Manager: Dan Loring
Email: Daniel.M.Loring@maine.gov
Phone: 207-624-3451
FINANCIAL OBLIGATIONS
1. AUTHORIZATION. The Municipality shall not begin reimbursable work on the Project until
MaineDOT executes this Agreement and gives the Municipality written notice to proceed.
2. PROJECT COST. The MPO programmed for the Project a total of $577,182.00 (Project Cost),
which the Parties shall share through all stages of the Project at the rates set out below. Expenditures
eligible for federal and state participation shall not exceed the Project Cost without approval from
the MPO, which shall send MaineDOT a letter or email confirming approval of any additional funds.
Upon receiving such approval from the MPO, the Parties shall modify this Agreement.
A. FEDERAL/STATE SHARE. MaineDOT, using federal and state funds programmed by the
MPO from its capital allocation, will share in the Project Cost at the rate of 90 percent, up to
$519,463.80.
B. LOCAL MATCH. The Municipality shall share in the Project Cost at the rate of 10 percent, for
an estimated local match of $57,718.20. Additionally, the Municipality shall be responsible for:
i. All costs exceeding $577,182.00, 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;
iii. All costs that MaineDOT determines to be ineligible for federal or state participation.
3. FINANCIAL UPDATES. MaineDOT's Project Manager will review the estimated Project Cost with
the Municipality at Plan Impacts Complete and at final Plans, Specifications & Estimate (PS&E).
4. LOCAL COMMITMENT. Upon receiving an updated cost estimate at the milestones referenced
above, the Municipality shall provide MaineDOT's Project Manager with one of the following:
A. A statement acknowledging the estimate and affirming its commitment to the Project; or
B. A request to withdraw the Project and reimburse MaineDOT for all costs incurred.
City of Bangor, Agreement for Oak Street preservation paving, WIN 025379.00 Page 2 of 10
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JUNE 14. 2021
5. REIMBURSEMENT. The Municipality shall submit progress invoices to MaineDOT for the federal
share of costs incurred, no less frequently than every six months, as follows:
A. Each invoice shall be modeled after Letter 4 from the LPA Manual.
B. Each invoice shall include a progress report for the service period of the invoice.
C. Each invoice shall include enough backup to satisfy the MaineDOT Project Manager.
D. Each invoice shall show MaineDOT's and the Municipality's portions of Project costs,
including a running total of costs invoiced to date.
E. The Municipality must certify that amounts claimed are correct and not claimed previously.
F. If the Municipality fails to submit invoices at least every six months, MaineDOT may hold the
Municipality in default, as defined in the "Default and Termination" section of this Agreement.
G. Upon completion of the Project and payment in full of all contracted parties, the Municipality
shall submit to MaineDOT a final invoice modeled after Letter 20 from the LPA'Manual.
Payment of the invoice shall be contingent on a passing inspection of the Project by MaineDOT
and receipt by MaineDOT of a completed Consultant Evaluation from the Municipality.
6. TERM. The Municipality shall complete the Project and submit a.final invoice to MaineDOT by the
Expiration Date at the top of this Agreement. The Municipality shall submit any request for an
extension to MaineDOT in writing before this Expiration Date.
7. 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 3G above.
8. REPAYMENT. If the Municipality withdraws from the Project, the Municipality shall refund all
progress payments from MaineDOT and reimburse MaineDOT for all costs incurred on the Project,
within 30 days of receipt of an invoice from MaineDOT for the same.
9. 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 to the Municipality under a specific project
contract up to any amounts owed 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 the audit. MaineDOT reserves the right to withhold or reduce Local Road Assistance
payments to the Municipality for purposes of set-off to recover any amount owed.
10. REMAINING FUNDS. MaineDOT will make available to the MPO any federal/state funds
remaining in the Project once MaineDOT has paid the final invoice from the Municipality or
otherwise closed out this Agreement. Additionally, any federal/state funds returned to MaineDOT by
the Municipality shall be made available to the MPO upon closeout of the Project.
City of Bangor; Agreement for Oak Street preservation paving, WIN 025379.00 Page 3 of 10
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PROJECT DEVELOPMENT
1. KICKOFF. The Parties shall hold a Project Kickoff meeting upon execution of this Agreement.
2. PROGRESS UPDATES. The Municipality shall provide MaineDOT's Project Manager with written
progress updates upon request. If the Municipality fails to provide such regular updates after
receiving repeated requests, MaineDOT may hold the Municipality in default, as defined in the
"Default and Termination" section of this Agreement.
3. HIRING CONSULTANTS. If the Municipality intends to hire a consultant usingfunds from
MaineDOT, the Municipality shall use a qualifications -based selection in accordance with 23 CFR
part 172 and Chapter 2 of the LPA Manual, "Hiring Consultants," as set out below.
A. Using price as a ranking factor shall make consultant work ineligible for reimbursement.
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. Applicable provisions of MaineDOT's Consultant General Conditions shall govern 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. MaineDOT will perform survey work on the state highway system that is necessary to
develop an Existing Conditions Plan, including property delineation` and determination of existing
right of way.
5. RIGHT-OF-WAY. The Parties will coordinate acquisition of rights -of -way, as follows:
A. MaineDOT will lead the right-of-way process when the Project is on the state highway system.
B. The Municipality shall lead the right-of-way process when the Project is off the state highway
system. In carrying out the right-of-way process, the Municipality shall:
i. Contract with an appraiser and a review appraiser listed on MaineDOT's Appraisal
Register or otherwise approved by MaineDOT as qualified to perform the work;
ii. Abide by the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended (the Uniform Act);
iii. Follow the standards set out in the MaineDOT Right of Way Manual; and
iv. Provide MaineDOT with a certification modeled after Letter 14 from the LPA Manual.
C. MaineDOT will participate in eligible right-of-way costs up to the official Determination of Just
Compensation. MaineDOT's participation in any administrative settlement amount exceeding the
Determination of Just Compensation amount shall require MaineDOT's approval. If applicable,
the Municipality shall be responsible for all court costs associated with appeals of unsettled
parcels to Superior Court.
D. When a Project is located both on and off the state highway system:
i. The Parties shall have one certified appraiser complete the appraisals for all parcels.
ii. MaineDOT will acquire the necessary rights located on the state highway system.
iii. The Municipality shall acquire the necessary rights located off the highway state system.
City of Bangor, Agreement for Oak Street preservation paving, WIN 025379.00 Page 4 of 10
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iv. Negotiations with property owners will be conducted by MaineDOT and, when applicable,
the Municipality's officials.
E. The Municipality shall dedicate to the Project any municipal property needed for the Project for
public use into perpetuity.
6. 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 all applicable engineering standards, laws and regulatory requirements.
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).'
B. The bid documents for the Project shall reference MaineDOT's Standard Specifications and
contain all applicable special provisions and federal requirements, as set out in Chapter 7 of the
LPA Manual, "Final PS&E Package."
C. Electronic design files provided for the use of Mai
policy on electronic exchange of CARD, data: httt
D. MaineDOT will enforce all laws, regulations,
apply to the Project and will require changes i
E. MaineDOT will give the Municipality written
accepts the final PS&
Municipality and its
standards and reaulal
as complete. Receipt
if applicable, of respc
shall conform to MaineDOT's
and specifications that
on authorization once MaineDOT
such authorization shall not relieve the
ibility for meeting all engineering
is that apply to the Project.
7. PUBLIC PARTICIPATION. The Municipality shall hold a public participation process for the
Project that is appropriate for the scope of work and acceptable to MaineDOT's Project Manager.
The Municipality shall provide MaineDOT with a public process certification that is modeled after
Letter 10 from the LPA Manual, as part of the Project's environmental package.
8. NEPA PROCESS. MaineDOT will lead the National Environmental Policy Act (NEPA) compliance
process for the Project. The Municipality shall provide MaineDOT with signed Letter 11 from the
LPA Manual and the completed NEPA Documentation Checklist to assist with this work.
9. PERMITS. Upon obtaining all approvals, permits and licenses for the Project, the Municipality shall
provide MaineDOT with a signed environmental certification modeled after Letter 12 from the LPA
Manual, as part of the final PS&E package for the Project.
10. UTILITY/RAILROAD COORDINATION. The Municipality shall identify all utilities and any
railroad affected by the Project and coordinate the Project with them. Upon completion of such
utility/railroad coordination, the Municipality shall provide MaineDOT with a utility certification
modeled after Communication 13 from the LPA Manual, as part of the final PS&E package for the
Project.
City of Bangor, Agreement for Oak Street preservation paving, WIN 025379.00 Page 5 of 10
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11. FORCE ACCOUNT. Construction by force account shall require written approval from MaineDOT.
12. HIRING A CONSTRUCTION CONTRACTOR. Unless MaineDOT approves otherwise in writing,
the Municipality shall use competitive bidding to hire a construction contractor upon receiving
written authorization from MaineDOT. The bid process shall follow the procedures in the latest
edition of MaineDOT's Standard Specifications, Section 102, "Bidding."
13. CONSTRUCTION CONTRACT AWARD. Upon receiving written approval from MaineDOT, the
Municipality shall award a contract to the lowest responsive and responsible bidder in accordance
with the latest edition of MaineDOT's Standard Specifications, Section 103, "Award and
Contracting." The Municipality shall administer the contract for the duration of the Project.
14. CONSTRUCTION ADMINISTRATION. During construction, the Municipality shall:
A. 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.
B. Provide a Project Resident to document and inspect the work who is either a qualified
municipal employee or a consultant hired through'`a qualifications -based selection method.
C. Provide a paving inspector and concrete technician with ;appropriate certifications to be on site
for paving operations and concrete placements, as applicable.
D. Coordinate materials testing necessary to comply with the Minimum Testing Requirements that
MaineDOT establishes for the Project, as follows:
i. An independent, accredited laboratory shall be used to test all aggregates;
ii. Concrete and hot -mix asphalt pavement shall be tested at MaineDOT's Bangor lab.
E. Submit propo
reserves the r
modification
F. Provide Mainet
15. FINAL INSPECTIC
right not to reimburse
MAINTEN
to MaineDOT for review and concurrence. MaineDOT
t to the Municipality for work performed under a
with revised as -built plans for the completed Project, if applicable.
✓laineDOT will inspect the completed Project for compliance with the
)ns and provisions of the construction contract. MaineDOT reserves the
Municipality for work determined to be out of such compliance.
The Municipality shall have maintenance responsibility for any portion of the completed Project inside
an Urban Compact Area, in accordance with Title 23 MRSA, §754, "Town maintenance in compact
areas." This section shall survive the expiration of this Agreement.
PROJECT RECORDS
1. PROJECT RECORDS. Project Records, whether printed or electronic, shall include all plans,
specifications, contracts, reports, notes, or other documents prepared by or for the Municipality
(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,
City of Bangor, Agreement for Oak Street preservation paving, WIN 025379.00 Page 6 of 10
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JUNE 14. 2021
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 Title 2 of the Code of Federal Regulations, Part 200, "Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards."
4. This section shall survive the termination or expiration of this Agreement.
GENERAL PROVISIONS
GOVERNING LAW. The Parties shall comply with applicable
regulations, executive orders and ordinances including, but not
of the Maine Revised Statutes Annotated (MRSA), Title 23 in
law, and Title 23 in the Code of Federal Re
for
2. INDEMNIFICATION. To the extent allowed by law, the Mu
hold harmless MaineDOT, its officers, agents and employees
arising from any negligent or wrongful act, error or omission
employees, agents, consultants or contractors. 1
limitation of liability available under the Mainc
other privileges or immunities provided by law
expiration of this Agreement.
federal, state and local laws,
limited to, the provisions of Title 23
the United States Code for statutory
administrative law.
-ipality shall indemnify, defend and
om all claims, suits or liabilities
herein shall
aims Act (1
action shall
Municipality, its officers,
waive any defense, immunity or
M.R.S. Section 8101 et seq.) or
urvive the termination or
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.
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.
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5. INDEPENDENT CAPACITY. The Municipality, its employees, agents, representatives, consultants
and contractors shall not act as officers, employees or agents of MaineDOT.
6. FLOW DOWN. Contracts between the Municipality and all third parties shall contain or incorporate
by reference applicable provisions of this Agreement.
7. BINDING EFFECT. The Parties shall be bound by the terms of this Agreement, which shall apply to
its executors, their successors, administrators and legal representatives.
8. ENTIRE AGREEMENT. This document represents the entire Agreement between the Parties.
Neither MaineDOT nor the Municipality shall be bound by any statement, correspondence,
agreement or representation not expressly contained in this Agreement.
CONFLICTS OF INTEREST
1. No officer, employee or agent of the Municipality with a financial or other personal interest in any
contract or subcontract for the Project shall participate in the selection, award or administration of
any such contract or subcontract.
2. No professional performing services for the 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 real property acquired for the Project, _unless the interest is openly disclosed, and such
officer or employee has not participated in acquisition for and on behalf of the Municipality.
3. No person or entity entering into a contract for services''' for the, Project shall have a financial or other
interest in the Projector in its outs
covers the following:
A. Any agreement with, or othc
of the Project that is the subj
B. Any agreement provi
matters; and
C. Any interest in real p
disclosed before the 1
THIRD -PARTY CERTIFII
By signing this Agreement, th
shall require that entity and it,
1. Have not within the 3 veal
,TION
other than the performance of the contract. This prohibition
to the
involving, third parties having an interest in the outcome
s of future work on the Project or related
uired for the Project unless such real property interest is
itity enters into the contract.
unicipality certifies that if it contracts with an entity, the Municipality
nciples to certify that they:
preceding the date of such a contract been convicted of a crime or had a
civil judgment rendered against them regarding obtaining, attempting to obtain, or performing a
federal, state or local public transaction or contract under a public transaction; violation of antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
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.
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DEBARMENT
1. 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. 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:
l . 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
1. DEFAULT. MaineDOT will send the Municipality a written Notice of Default if the Municipality
commits any of the following:
A. Withdraws its support for the Project, resulting in cancellation of the Project;
B. Fails to provide the Project Manager with regular, written progress updates;
C. Fails advertise the Project within 3 years of the execution date of this Agreement without
receiving an extension in writing from MaineDOT;
D. Takes any action that makes the Project ineligible for federal funding;
E. Uses Project funds for a put -pose not authorized by this Agreement;
F. Misrepresents or falsifies any claim for reimbursement;
G. Fails to meet the standards of performance outlined in this Agreement.
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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 to the Municipality and all of
MaineDOT's internal costs for work on the Project. All federal and state funds recovered from
the Municipality shall be made available to the MPO upon closeout of the Project.
3. TERMINATION FOR CONVENIENCE. The Parties may terminate this Agreement for
convenience by mutual consent for any reason not defined as "default." MaineDOT will reimburse
the Municipality for eligible work performed until the effective date of termination for convenience.
The Municipality's share of MaineDOT's costs for work on the Project shall be deducted from the
final invoice amount owed to the Municipality.
AGREEMENT APPROVAL
The Municipality's undersigned representative assures that th€
approved the Municipality's entry into this Agreement, has ap
matching funds, and has authorized the representative to sign 1
IN WITNESS WHEREOF, the duly authorized representatives of the
Agreement effective on the date last signed below.
City of Bangor
Catherine M. Conlow,
Date:
* Pursuant to
as my manual
data in such a
lity's legislative body has
or authorized use of required
rent.
have executed this
e Department of Transportation
Richard J. Crawford, P.E., Director
Bureau of Project Development
Date:
R.S.A. §9502, et seq., I certify that the foregoing electronic signature: (a) is intended to have the same force
tare, (b) is unique to myself, (c) is capable of verification, (d) is under my sole control, and (e) is linked to
ter that it is invalidated if the data are changed.
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Federal Funding Accountability and Transparency Act
The City of Bangor and its contractors may be subject to the provisions of the Federal Funding
Accountability and Transparency Act of 2006 as amended and any regulations, policies, procedures
and guidance documents adopted pursuant thereto or in connection therewith.
If the Federal portion of the Project exceeds $25,000, an authorized representative from the
Municipality shall sign this document under (B) below and return it with the Project Agreement.
Additionally, the Municipality shall provide the following information, if applicable,:
A) The total compensation and names of the top five officers if:
• More than 80% of the Municipality's annual gross revenues are from the U.S. Federal
Government; and
0 Those revenues are greater than $25 million
Compensation information is not already
Exchange Commission (SEC).
y; and
hrough reporting to the U.S. Securities and
B) Legal name and DUNS"' number on file with the Central Contractor Registration (CCR):
Sign and Print Legal CCR Name
Authorized R
Number
FFATA Disclosure Page I of I
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JUNE 14. 2021
U.S. Department of Transportation (USDOT)
Federal HiL-hwav Administration — Standard Title VI / Nondiscrimination Assurances
DOT Order No. 1050.2A
The City of Bangor (the Recipient) AGREES THAT, as a condition of receiving Federal financial
assistance from the U.S. Department of Transportation (USDOT) through the Federal Highway
Administration (FHWA), it is subject to and will comply with the following:
Statutory/Regulatory Authorities
• Title VT of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.,, 78 stat. 252), which
prohibits discrimination based on race, color, national origin;
0 49 C.F.R. Part 21 (entitled Nondiscrimination in Federally -Assisted Programs of the
Department of Transportation — Effectuation of Title VT of The Civil Rights Act of 1964);
0 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of
the Civil Rights Act of 1964);
The preceding statutory and regulatory citations are referred to hereinafter as the "Acts" and
"Regulations" respectively.
General Assurances
In accordance with the Acts, the Regulations, and oth(
memoranda, and/or guidance, the Recipient hereby gi
measures necessary to assure that:
"No person in the United States shall, on the grounds
from participation in, be denied the benefits of, or be
program or activity, "for which the Recipient receives
including the FHWA. "
,ectiv;es, circulars, policy,
that it will promptly take any
f race, color, or national origin, be excluded
herwise subjected to discrimination under any
,ederal financial assistance from the USDOT,
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title
VI and other nondiscrimination requirements (the Age Discrimination Act of 1975, and Section 504 of
the Rehabilitation Act of 1973) by restoring the broad, institutional -wide scope and coverage of these
nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so
long as any portion of the program is Federally assisted.
More specifically, and without limiting the above general Assurance, the Recipient agrees with and
gives the following Assurances with respect to its federally assisted Federal -aid Highway Program:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23 (b)
and 21.23 (e) of 49 C.F.R. § 21 will be (regarding an "activity facilitated, or will be (regarding a
"facility operated, or will be (regarding a "program conducted in compliance with all
requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests for
Proposals for work, or material subject to the Acts and the Regulations made regarding all
Federal -Aid Highway Programs and, in adapted form, in all proposals for negotiated
agreements regardless of funding source:
Federal Title VI Assurances Page I of 5
21-208
JUNE 14. 2021
"The City of Bangor, in accordance with the provisions of Title VT of the Civil Rights Act
of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies
all bidders that it will affirmatively assure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises will be afforded full opportunity to
submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, or national origin in consideration for an award."
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every
contract or agreement subject to the Acts and the Regulations.
4. If applicable, the Recipient will insert the clauses of Appendix B of this Assurance, as a
covenant running with the land, in any deed from the United States effecting or recording a
transfer of real property, structures, use, or improvements thereon or interest therein to a
Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of
a facility, the Assurance will extend to the entire facility and facilities operated in connection
therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the
acquisition of real property or an interest in real property, the Assurance will extend to rights to
space on, over, or under such property.
7. If applicable, the Recipient will include the clauses set forth in Appendix C and Appendix D
of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses,
permits, or similar- instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable
activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program,except where the Federal financial assistance is to
provide, or is in the form' of, personal property, or real property, or interest therein, or structures
or improvements thereon, in which case the Assurance obligates the Recipient, or any
transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by
the Secretary of Transportation or the official to whom he/she delegates specific authority to
give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors,
subcontractors, consultants, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed or pursuant
to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement regarding
any matter arising under the Acts, the Regulations, and this Assurance.
Federal Title VI Assurances Page 2 of 5
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JUNE 14. 2021
By signing this ASSURANCE, the City of Bangor also agrees to comply (and require any sub -
recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all
applicable provisions governing the FHWA and USDOT access to records, accounts, documents,
information, facilities, and staff. You also recognize that you must comply with any program or
compliance reviews, and/or complaint investigations conducted by the FHWA and USDOT. You
must keep records, reports, and submit the material for review upon request to the FHWA and
USDOT, or their designees, in a timely, complete, and accurate way. Additionally, you must comply
with all other reporting, data collection, and evaluation requirements, as prescribed by law or
detailed in program guidance.
The City of Bangor gives this ASSURANCE in consideration of and for obtaining any Federal grants,
loans, contracts, agreements, property, and/or discounts, or other Federal and Fec
assistance extended after the date hereof to the recipients by the USDOT under t
Highway Program. This ASSURANCE is binding on the State of Maine, other re
recipients, sub -grantees, contractors, subcontractors and theirsubcontractors', tra
in interest, and any other participants in the Federal -Aid Highway Program. The
below is authorized to sign this ASSURANCE on behalf of the Recipient.
Encl
City of Bangor
Appendices A and E
Catherine M.
rl financial
Federal -Aid
dents. sub -
successors
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JUNE 14. 2021
APPENDIX A TO THE TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor agrees as follows:
2
3
Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the
Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S.
Department of Transportation, Federal Highway Administration (FHWA), as they may be amended
from time to time, which are herein incorporated by reference and made a part of this contract.
Non-discrimination: The contractor, regarding the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set
forth in Appendix E, including employment practices when the contract covers any activity, project, or
program set forth in Appendix B of 49 CFR Part 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under
this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race,
color, or national origin.
Information and Reports:
the Regulations and directives iss
accounts, other sources of inform
FHWA, to be pertinent to ascerta
information required of a contrac
furnish the information, the
will set forth what efforts it
5. Sanctions for Noncomplia
discrimination provisions o
FHWA may determine to t
a. witnnoiamg pay
b. cancellina, termi
-actor will provide all information and reports required by the Acts,
pursuant thereto and will permit access to its books, records,
, and its facilities as may be determined by the Recipient or the
Dmpliance with such Acts, Regulations, and instructions. Where any
in the exclusive possession of another who fails or refuses to
- will so certify to the Recipient or the FHWA, as appropriate, and
to obtain the information.
In the event of a contractor's noncompliance with the Non -
is contract, the Recipient will impose such contract sanctions as it or the
)propriate, including, but not limited to:
to the contractor under the contract until the contractor complies; and/or
, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six
in every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The contractor will act with respect to any
subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such
provisions, including sanctions for noncompliance. Provided, that if the contractor becomes involved in,
or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor
may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition,
the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
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JUNE 14. 2021
APPENDIX E TO THE TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination
statutes and authorities, including but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits
discrimination based on race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal programs and projects);
• Federal Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination based on sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794et seq.), as amended, (prohibits
discrimination based on disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101et seq.), (prohibits
discrimination based on age);
• Airport and Airway Improvement Act of_1982, (49 U.S.C. §471, Section 47123), as amended,
(prohibits discrimination based on race,; creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all ofthe programs or activities of the Federal recipients, sub -recipients
and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination based on
disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. Parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits
discrimination based on race, color, national origin and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which assures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To assure compliance with Title VI, you must take
reasonable steps to assure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating of sex in education programs or activities (20 U.S.C. 1681 et seq.).
Federal Title VI Assurances Page 5 of 5
IN CITY COUNCIL
JUNE 14,2021
CO 21-208
Motion made and seconded for Passage.
Passed
C T CLE