HomeMy WebLinkAbout2022-06-13 22-212 ResolveCITY COUNCIL ACTION
Council Meeting Date:
Item No:
Responsible Dept:
Requested Action:
Summary
Committee Action
Meeting Date:
For: Against:
City Manager City Solicitor Finance Director
Map/Lot:
Introduced for:
Order
Committee:
Action:
Staff Comments & Approvals
Date:
Item No:
Assigned to Councilor:
DocuSign Envelope ID: 8E324FD2-44E4-4014-AOD7-E98DECF071 C3
MaineDOT use only
AMS ID: 20220608000000000650
CSN: 44023
MaineDOT PROGRAM: Multimodal Program
MAINE DEPARTMENT OF TRANSPORTATION
Agreement for a Federal -aid Locally Administered Project
With the
City of Bangor
Regarding
Resurfacing of a Portion of Hogan Road
Total Amount: $477,000.00
Federal Share: $381,600.00
State Share: $95,400.00
Effective Date: 6/8/2022
Expiration Date: 6/30/2024
Locally Administered Project— Federal Funds (Payable)
MaineDOT WIN: 024131.00
State Vendor ID: VC1000007010
Federal Project #: 2413100
Federal Unique Entity ID: MLLMBKS2LVQ5
Federal CFDA #: 20.205
This agreement for a federal -aid project (the Agreement) is entered into by and between the Maine
Department of Transportation (MaineDOT), an agency of state government with its headquarters
located at 24 Child Street in Augusta, Maine, and the City of Bangor (the City), a municipal corporation
organized and existing under the laws of the State of Maine, with its principal administrative offices
located at 40 Harlow Street in Bangor, Maine. (MaineDOT and the City are referred to collectively are
the Parties and individually as a Party.)
RECITALS
A. This Agreement shall apply to pavement preservation on a section of Hogan Road, consisting of a
mill -and -fill starting at the intersection of Route 2 and extending north about 0.44 mile (the Project);
and
B. MaineDOT administered the preliminary engineering and right-of-way stages of the Project through
the milestone of final Plans, Specifications & Estimate (PS&E); and
C. At the request of MaineDOT, the City shall administer the construction and construction engineering
stages of the Project as a Locally Administered Project, subject to MaineDOT oversight pursuant to
23 CFR Part 635.105 "Supervising agency" 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 (signature required).
Agreement for a Federal -aid Locally Administered Project Page I of 8
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ROLES AND RESPONSIBILITIES
ROLE OF CITY. The City 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 City shall notify MaineDOT.
❑ Local Project Administrator: Ted Trembley, Design 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, Multimodal Program
Email: Daniel.M.Loring@maine.gov
Phone: 207-624-3451
FINANCIAL OBLIGATIONS
PROJECT COST. The estimated Project Cost is $477,000.00, which the Parties shall share as set out
below. If the actual cost of the Project is less than this estimated Project Cost, the final amounts
owed will be pro -rated based on the percentages.
A. FEDERAL SHARE. MaineDOT will contribute federal funds to the Project Cost at the rate of
80 percent, up to a maximum contribution at this rate of $381,600.00.
B. STATE SHARE. MaineDOT will contribute state funds to the Project Cost at the rate of 20
percent, up to a maximum contribution at this rate of $95,400.00
C. LOCAL MATCH. The City shall have no local matching share. The City, however, may be
fully responsible for the following:
i. All costs exceeding $477,000 that are incurred without an executed modification in
place increasing the total amount of this Agreement;
ii. Any costs that, as a result of action taken by the City without MaineDOT's written
approval, are determined by the Federal Highway Administration (FHWA) to be
federally non -participating.
2. REIMBURSEMENT. The City shall submit to MaineDOT progress invoices for reimbursement of
the federal share of costs incurred, at least every six months. Invoices shall be modeled after Letter 4
from the LPA Manual and shall meet the following requirements:
A. Each invoice shall include a progress report for the service period of the invoice.
B. Each invoice shall include enough backup to satisfy the MaineDOT Project Manager.
C. Each invoice shall show MaineDOT's and the City's portions of Project costs, including a
running total of costs invoiced to date.
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D. The City must certify that amounts claimed are correct and not claimed previously.
E. Upon completion of the Project and payment in full of all contracted parties, the City shall
submit to MaineDOT a final invoice modeled after Letter 20 from the LPA Manual. Payment
shall be contingent on a passing inspection of the Project by MaineDOT and receipt by
MaineDOT of completed consultant and contractor evaluations from the City.
3. TERM. All provisions of this Agreement —except for those provisions that by their very nature are
intended to survive — shall expire upon satisfactory completion of all terms of this Agreement or
June 30, 2024, whichever occurs first. The City shall submit any request for a time extension to
MaineDOT in writing before the expiration of this Agreement.
4. MAINEDOT COSTS. MaineDOT will charge to the Project costs incurred for construction
inspection and materials testing services performed on the Project, as applicable. The City shall
share in these costs commensurate with its percentage share of the Project. At a minimum,
MaineDOT will reconcile these costs upon completion of the Project and deduct the City's share of
them from the final reimbursement payment for the Project.
5. REPAYMENT. If the City withdraws from the Project, the City 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.
6. STATE RIGHTS OF SET-OFF. MaineDOT shall have all of its common law, equitable and
statutory rights of set-off. These rights shall include, but not be limited to, the State of Maine's
option to withhold for the purposes of set-off monies due to the City under a specific project contract
up to any amounts due and owed to MaineDOT regarding this Agreement, and any other
agreement/contract with any State of Maine department or agency, including any agreement/contract
for a term commencing before the term of this Agreement. MaineDOT shall exercise its set-off
rights in accordance with normal state practices including, in cases of set-off pursuant to an audit,
the finalization of the audit by MaineDOT, its representatives or the State Controller. MaineDOT
reserves the right to withhold or reduce Local Road Assistance payments for purposes of set-off to
recover any amount owed.
7. OBLIGATION OF FUNDS. Notwithstanding anything herein to the contrary, the City
acknowledges and agrees that although the execution of this Agreement manifests MaineDOT's
intent to honor its terms and to seek funding to fulfill MaineDOT's obligations arising hereunder,
such obligations by law are subject to available budgetary appropriations by the Federal Government
and the Maine Legislature and, therefore, this Agreement creates no obligation on behalf of
MaineDOT in excess of such appropriations.
PROJECT DEVELOPMENT
1. PROGRESS UPDATES. The City shall provide MaineDOT with regular, written progress updates.
2. HIRING CONSULTANTS. If the City intends to hire a consultant with funds from MaineDOT, the
City shall use a qualifications -based selection in accordance with 23 CFR part 172 and Chapter 2 of
the LPA Manual, "Hiring Consultants," as set out below.
A. Using price as a ranking factor shall make consultant work ineligible for reimbursement.
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B. The City shall obtain MaineDOT's written approval of any contract or contract modification.
Work performed without such approval shall be ineligible for reimbursement.
C. Applicable provisions of MaineDOT's Consultant General Conditions shall govern such work.
D. The City 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.
3. DESIGN. MaineDOT developed all design plans, specifications and contract documents for the
Project in accordance with all applicable laws, regulations, engineering standards and specifications.
4. PUBLIC PARTICIPATION. MaineDOT carried out the public involvement process for the Project.
5. NEPA PROCESS. MaineDOT carried out the National Environmental Policy Act (NEPA)
compliance process for the Project and obtained all environmental approvals and permits.
6. UTILITY COORDINATION. MaineDOT handled utility coordination and provided the required
Utility Certification for the Project.
7. RIGHT-OF-WAY. MaineDOT carried out all right-of-way activities required for the Project,
including the preparation of a required right-of-way certification.
BIDDING THE PROJECT. The City shall advertise for competitive bids for the Project upon
receiving written authorization from MaineDOT. The bidding process shall follow the procedures in
the latest edition of MaineDOT's Standard Specifications, Section 102, "Bidding." Advertising
without authorization from MaineDOT shall make the Project ineligible for federal funding.
9. AWARDING A CONTRACT. Upon receiving written approval from MaineDOT, the City shall
award a contract to the lowest responsive/responsible bidder in accordance with the latest edition of
MaineDOT's Standard Specifications, Section 103, "Award and Contracting."
A. Negotiation with any bidder, after bids are opened and before a contract is awarded, is prohibited
under federal regulation 23 CFR Part 635.113. In the event of such negotiation, MaineDOT will
have just cause to find the City to be in default of this Agreement.
B. The City shall administer the construction contract for the duration of the Project.
10. CONSTRUCTION OVERSIGHT. During construction of the Project, the City shall:
A. Provide a Resident to document and inspect the work who is either a qualified municipal
employee or a pre -qualified consultant hired through a qualifications -based selection.
B. Hold a pre -construction meeting and a separate pre -pave meeting.
C. Provide a paving inspector and a concrete technician, with required certifications, to be on site
for paving and concrete work. (This may be the same person, if appropriately certified.)
D. Coordinate materials testing to comply with the Minimum Testing Requirements that MaineDOT
will establish for the Project, as follows:
i. An independent, accredited laboratory shall be used to test all aggregates, if applicable;
ii. Pavement and concrete shall be tested at the closest MaineDOT lab.
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E. Submit proposed contract modifications (change orders) to MaineDOT for review and
concurrence. MaineDOT may deny reimbursement to the City for work performed under a
modification executed without MaineDOT's concurrence.
F. Provide as -built plans to MaineDOT, if applicable, upon completion of the Project.
11. 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 City for work determined to be out of such compliance.
MAINTENANCE
If applicable, the City shall be responsible for maintenance inside an Urban Compact Area, in
accordance with Maine law: 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 City. The City
shall retain all such 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 for at least 3 years after the claim or litigation is resolved..
2. ACCESS. The City and any contracted party working on its behalf shall allow representatives of the
Federal Government and the State of Maine to inspect and audit Project Records. 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 Project Records section shall survive the termination or expiration of this Agreement.
GENERAL PROVISIONS
1. LEGAL COMPLIANCE. This Agreement shall be construed under the laws of the State of Maine.
During the performance of this Agreement, the Parties agree to comply with and abide by all
applicable federal, state and local laws, statutes, rules, regulations, standards and guidelines; avoid
hindering each other's performance; fulfill all obligations diligently; and cooperate in achieving the
intent of this Agreement.
2. INDEMNIFICATION. To the extent permitted by law, the City shall indemnify and hold harmless
the State of Maine, its agents, employees and contractors from all claims, suits or liabilities arising
from any negligent or wrongful act, error or omission by the City, its agents, employees or
contractors. Nothing herein shall waive any defense, immunity or limitation of liability that may be
available to either Party under the Maine Tort Claims Act (14 M.R.S. Section 8101 et seq.) or any
other privileges or immunities provided by law. This Indemnification section shall survive the
termination or expiration of this Agreement.
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3. CONFIDENTIALITY. The Parties agree that information pertaining to detailed construction cost
estimates shall be kept confidential pursuant to the provisions of state law: 23 M.R.S.A., § 63.
4. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement:
A. The City shall not discriminate against any employee or applicant for employment relating to
this Agreement because of race, color, religious creed, sex, national origin, ancestry, age,
physical or mental disability, or sexual orientation, unless related to an actual occupational
qualification. The City shall take affirmative action to assure that applicants are employed, and
that employees are treated during their employment, without regard to their race, color,
religion, sex, age, national origin, physical or mental disability, or sexual orientation. The City
agrees to post in conspicuous places available to employees and applicants for employment
notices setting forth the provisions of this section.
B. The City — in all solicitations or advertising for employees placed by or on behalf of the City
relating to this Agreement — shall state that all qualified applicants shall receive consideration
for employment without regard to race, color, religious creed, sex, national origin, ancestry,
age, physical or mental disability, or sexual orientation.
C. The City shall cause the foregoing provisions to be inserted into any contract for work covered
by this Agreement so that such provisions shall be binding upon each contractor, except for
contracts or subcontracts for standard commercial supplies or raw materials.
5. FLOW DOWN. Contracts between the City and all third parties shall contain or incorporate by
reference applicable provisions of this Agreement.
6. ASSIGNMENT. No assignment of this Agreement is contemplated, and in no event shall any
assignment be made without MaineDOT's express written permission.
7. AMENDMENT AND MODIFICATION. This Agreement may only be modified or amended in
writing and signed by duly authorized representatives of both Parties.
BINDING EFFECT. The Parties shall be bound by the terms of this Agreement. This requirement
shall apply to its executors, their successors, administrators and legal representatives.
9. INDEPENDENT CAPACITY. The City, its employees, agents, representatives, consultants and
contractors shall not act as officers, employees or agents of MaineDOT.
10. ENTIRE AGREEMENT. This document represents the entire Agreement between the Parties.
Neither MaineDOT nor the City shall be bound by any statement, correspondence, agreement or
representation not expressly contained in this Agreement.
CONFLICTS OF INTEREST
1. No officer, employee or agent of the City 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 City 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 City. No officer or employee of any professional performing services for the City
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 City.
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3. No person 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 parties having an interest in the outcome
of the Project that is the subject to the contract; and
B. Any agreement providing incentives or guarantees of future work on the Project or related
matters; and
C. Any interest in real property acquired for the Project unless such real property interest is openly
disclosed before the person or entity enters into the contract.
DEBARMENT
By signing this Agreement, the City certifies that it is not presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any federal department or agency. If the City is unable to certify to this statement, it shall attach an
explanation to this Agreement. During the term of this Agreement, the City shall notify MaineDOT
promptly if it is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in this transaction by any federal department or agency.
2. In all solicitations for contracted work on the Project, the City shall require all consultants and
contractors to certify that they:
A. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from bidding or working on contracts issued by any governmental agency.
B. Have not within the three 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 statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
C. Are not indicted for or otherwise criminally or civilly changed by any governmental agency
with commission of any of the offenses enumerated in this section; and
D. Have not within a three-year period preceding this Agreement had one or more federal, state or
local public transactions terminated for cause or default.
LOBBYING
By signing this Agreement, the undersigned municipal representative certifies that no federal
appropriated funds have been paid or will be paid, by or on behalf of the Municipality, to any person for
influencing or attempting to influence an officer or employee of 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.
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DEFAULT AND TERMINATION
1. DEFAULT. MaineDOT reserves the right to send the City a written Notice of Default if the City
commits any of the following actions:
A. Takes any action that makes the Project ineligible for federal funding;
B. Uses Project funds for a purpose not authorized by this Agreement;
C. Misrepresents or falsifies any claim for reimbursement;
D. 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 City, as defined above. MaineDOT will afford the City a 14-day cure period
effective on the City's receipt of Notice of Default. If the City fails to address all defaults within this
cure period or any longer period as MaineDOT may authorize, MaineDOT may terminate this
Agreement for cause by written Notice of Termination, with these conditions:
A. MaineDOT will recover from the City all reimbursements and MaineDOT's internal costs for
work on the terminated Project.
B. The City 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 City for eligible work performed on the Project until the effective
termination date. The City's share of MaineDOT's internal costs for work on the Project shall be
deducted from the final invoice amount owed to the City.
AGREEMENT APPROVAL
The City represents that it has received all approvals or authorizations by its governing authorities
necessary to enter into this Agreement and that it commits to appropriate the necessary funds to satisfy
its obligations identified herein.
IN WITNESS WHEREOF, the Parties, by their duly authorized representatives, have executed this
Agreement effective on the date last signed below.
City of Bangor
DocuSigned by:
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B V : 5235FD F EB8CO40A...
Debbie Laurie, City Manager
Date: 6/8/2022
Maine Department of Transportation
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euSigned by:Y.
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56A01BE8B5514CE
Richard J. Crawford, P.E., Director
Bureau of Project Development
Date: 6/8/2022
* Pursuant to 10 M.R.S.A. §9502, et seq., I certify that the foregoing electronic signature: (a) is intended to have the same force
as my manual signature, (b) is unique to me, (c) is capable of verification, (d) is under my control, and (e) is linked to data in
such a manner that it is invalidated if the data are changed.
Agreement for a Federal -aid Locally Administered Project Page 8 of 8
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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 City shall
sign this document under (B) below and return it with the Project Agreement. Additionally, the City
shall provide the following information, if applicable:
A) The total compensation and names of the top five officers if:
More than 80% of the City'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 MLLMBKS2LVQ5
Sign and Print Legal CCR Name Unique Entity ID
DocuSigned by:
[5235FDFEB8CO40A...tWG l"""�`t,
Authorized Representative:
Debbie Laurie, City Manager
Federal Funding Accountability and Transparency Act Disclosure Page I of I
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U.S. Department of Transportation (USDOT)
Federal Hi2hwav 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 VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), which
prohibits discrimination based on race, color, national origin;
0 49 C.F.R. Part 21 (entitled Nondiscrimination in Federally -Assisted Programs of the
Department of Transportation — Effectuation of Title VI of The Civil Rights Act of 1964);
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 other pertinent directives, circulars, policy,
memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any
measures necessary to assure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity, "for which the Recipient receives Federal financial assistance from the USDOT,
including the FHWA. "
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title
VI and other nondiscrimination requirements (the Age Discrimination Act of 1975, and Section 504 of
the Rehabilitation Act of 1973) by restoring the broad, institutional -wide scope and coverage of these
nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so
long as any portion of the program is Federally assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and
gives the following Assurances with respect to its federally assisted 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 in connection
with all Federal -Aid Highway Programs and, in adapted form, in all proposals for
negotiated agreements regardless of funding source:
Title VI Assurances, City of Bangor Page I
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"The City of Bangor, in accordance with the provisions of Title VI of the Civil Rights Act
of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies
all bidders that it will affirmatively assure that any contract entered into pursuant to this
advertisement, disadvantaged business enterprises will be afforded full opportunity to
submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, or national origin in consideration for an award."
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every
contract or agreement subject to the Acts and the Regulations.
4. If applicable, the Recipient will insert the clauses of Appendix B of this Assurance, as a
covenant running with the land, in any deed from the United States effecting or recording a
transfer of real property, structures, use, or improvements thereon or interest therein to a
Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of
a facility, the Assurance will extend to the entire facility and facilities operated in connection
therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the
acquisition of real property or an interest in real property, the Assurance will extend to rights to
space on, over, or under such property.
7. If applicable, the Recipient will include the clauses set forth in Appendix C and Appendix D
of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses,
permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable
activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property, or real property, or interest therein, or structures
or improvements thereon, in which case the Assurance obligates the Recipient, or any
transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by
the Secretary of Transportation or the official to whom he/she delegates specific authority to
give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors,
subcontractors, consultants, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed or pursuant
to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement regarding
any matter arising under the Acts, the Regulations, and this Assurance.
Title VI Assurances, City of Bangor Page 2
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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 Federal financial
assistance extended after the date hereof to the recipients by the USDOT under the Federal -Aid
Highway Program. This ASSURANCE is binding on the State of Maine, other recipients, 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:
[DacuSigned
t bkft (A.0 it,.
By 5235FDFEBSCa40A...
Debbie Laurie, City Manager
DATED 6/8/2022
Encl.: Appendices A-E
Title VI Assurances, City of Bangor Page 3
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During the performance nfthis contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regukations� The contractor (hereinafter includes consultants) will comply
with the Acts and the Regulations relative to Non-discrimin,ation in FederaIlly-assisted programs
of the U.S. Department of Transportation, Federal Highway Administration (FWHA), a,s they
may be amended from time to time,, which are herein incorporated by reference and made a
part of this contract.
I. Non-discrimination: The contractor, with regard hmthe work performed by it during the
contract, will not discriminate on the grounds ofrace, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The contractor will not participate directly or indirectly in the discrimination prohibited by the
~ Acts and the Regulations, including employment practices when the contract covers any activity,
project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements pfMaterials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the contractor for work tm
be performed under a subcontract, including procurements nfmaterials, orleases nf
equipment, each potential subcontractor or supplier will be notified by the contractor of the
contractor's obligations under this contract and the Acts and the Regulations relative to Non-
discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by
the Acts the Regulations, and directives issued pursuant thereto and will permit access tmits
books, records, accounts, other sources of information, and its facilities as may be determined
by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession nfanother who fails mrrefuses tofurnish the information, the contractor will sn
certify tmthe Recipient or the FHWA, as appropriate, a:nd willl set forth what efforts it has made
toobtain the information.
5. Sanctions for Noncompliance: |mthe event ofacontractor's noncompliance with the Non
discrimination provisions, of this contract, the Recipient will impose such contract sanctions as it
urthe F9N0Amay determine tmbeappropriate, including, but not limited to:
withholding payments,tothemntractorunderthemmtractwnU|thecontractormmmp|ies;
and/or
cancelling, terminating, orsuspending acomtnact, inwhole grinpart.
6. Incorporation mfProvisions: The contractor will include the provisions ofparagraphs one
through six inevery subcontract, including procurements mfmaterials and leases ofequipment,
unless exempt by the Acts, the Regulations aind directives issued pursuant thereto. The
contractor will take action with respect toany subcontract orprocurement aathe Recipient or
the FHWA may direct as a means of enforcing such provisions including sanctions for
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noncompliance. Provided, that if the contractor becomes involved in, or is, threatened with
litigation by a subcontractor, or supplier because of such, direction, the contractor may request
the Recipient to enter into any litigation to protect the interests of the Recipient. In addition,
the contractor may request the United States to enter into the litigation to protect the interests
of the United States.
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APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to
the provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition
that the Maine Department of Transportation will accept title to the lands and maintain the project
constructed thereon in accordance with 23 U.S. Code § 107, the Regulations for the Administration of
the Federal Aid Highway Program, and the policies and procedures prescribed by the FHWA of the U.S.
Department of Transportation in accordance and in compliance with all requirements imposed by Title
49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Non-discrimination in Federally -assisted programs of the U.S Department of Transportation
pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42
U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the City of Bangor
all the right, title and interest of the U.S. Department of Transportation in and to said lands described in
Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto City of Bangor and its successors forever,
subject, however, to the covenants, conditions, restrictions and reservations herein contained as
follows, which will remain in effect for the period during which the real property or structures are used
for a purpose for which Federal financial assistance is extended or for another purpose involving the
provision of similar services or benefits and will be binding on the City of Bangor, its successors and
assigns.
The City of Bangor, in consideration of the conveyance of said lands and interests in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
that (1) no person will on the grounds of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility
located wholly or in part on, over, or under such lands hereby conveyed [,]
[and]* (2) that the City of Bangor will use the lands and interests in lands and interests in lands so
conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation,
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended
[, and (3) that in the event of breach of any of the above -mentioned non-discrimination conditions, the
Department will have a right to enter or re-enter said lands and facilities on said land, and that above
described land and facilities will thereon revert to and vest in and become the absolute property of the
U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to make clear the purpose of Title VI.)
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APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,
FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments
entered into by the City of Bangor pursuant to the provisions of Assurance 7(a).
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the
land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property
described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of
Transportation activity, facility, or program is extended or for another purpose involving the
provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will
maintain and operate such facilities and services in compliance with all requirements imposed
by the Acts and Regulations (as may be amended) such that no person on the grounds of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-
discrimination covenants, City of Bangor will have the right to terminate the (lease, license, permit,
etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if
the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants,
the City of Bangor will have the right to enter or re-enter the lands and facilities thereon, and the
above described lands and facilities will there upon revert to and vest in and become the absolute
property of the City of Bangor and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
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APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY,
FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements
entered into by the City of Bangor pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the
land") that (1) no person on the ground of race, color, or national origin, will be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements on, over, or under such land, and the
furnishing of services thereon, no person on the ground of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination,
(3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all
other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in
this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non
discrimination covenants, the City of Bangor will have the right to terminate the (license, permit,
etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and
hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the
City of Bangor will there upon revert to and vest in and become the absolute property of the City of
Bangor and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
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During thepevfonnaince of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred toas the "contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
� Title \8ofthe Civil Rights Act ofl964(4JU.S1, §2OUOdetyeq,78stat.ZS2[(prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
m The Uniform Relocation Assistance and ReaUProperty Acquisition Policies Act mf1970,(42U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired'
because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act uf1973,(230.S.C.§3Z4e1seq.),(prohibits discrimination, onthe basis
of sex);
w Section 5O4ofthe Rehabilitation Act nf 1973,(29U.5.C.§794etseq.),asamended, (prohibits
discrimination mnthe basis ofdisabMity);and 49 CFRPart Z7;
• The Age Discrimination Act of1975,asamended, (42U.S.[§G101etseq.),(prohibits
d|scrimina1inmonthe basis ufage);
• Airport and Airway Improvement Act of1982,(49 U3C6471,Section 47123),amamended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act uf19O7,(PL1O0-2O9), (Broadened the scope, coverage and
applicability ofTitle V|ofthe Civil Rights Act mf 1964,The Age Discrimination Act of1975and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
'^prograrnuoractivities"toindudeaUoftbepnngramnymrartividesofthe Federal -aid recipients,
sub'redpinntyandcontractons,vwhe1hersuchprognannsn/mctivhjesareFedera|h/fondedor
not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of publ:ic entities, public and private transportation systems, places
of public accommodation, and certain testing entities /420.S.C.§§12131'1218B\as
implemented byDepartment ofTransportation regulations a149 C.F.R.parts 37and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C.§47123)(prohibits
discrimination on the basis ofrace, color, national origin, and sex);
• Executive Onder12Q8O, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures Non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, nationail origin discrimination includes discrimination,
because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps V)ensure that LEP persons have meaningful access toyour programs /70 Fed.
Reg. at74887to741Q0\;
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.&C, 1681 et seq).
IN CITY COUNCIL
JUNE 13, 2022
CR 22-212
Passed
CITY CLERK