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HomeMy WebLinkAbout2016-04-25 16-159 ORDERCOUNCIL ACTION Item No. 16-159 Date: April 25, 2016 Item/Subject: ORDER, Authorizing Execution of Agreement for Maine Department of Transportation Local Project — Union Street and Fourteenth Street Intersection Improvements, WIN 20896.00 Responsible Department: Engineering Commentary: This order would authorize the City Manager to execute a Local Project Agreement with the Maine Department of Transportation for replacement of traffic signals at the intersection of Union Street (Route 222) and Fourteenth Street and construction of a right -turn lane from Fourteenth Street onto Union Street. The Maine Department of Transportation has approved funds in an amount not to exceed $240,865.00. The total State/Federal share of 90% is equal to $216,778.50, and the Municipality share of 10% is equal to $24,086.50. As a condition of this funding, the City is required to enter into a Local Project Agreement with the Maine Department of Transportation. This item was reviewed and recommended for approval at the Infrastructure Committee meeting on April 12, 2016. John M. Theriault. Citv Enaineer Department Head Manager's Comments: City Manager Associated Information: Council Order, Agreement Budget Approval: Finance Director Legal Approval: Introduced for X Passage First Reading Referral Page _ of _ Assigned to Councilor Sprague CI`T'Y OF BANGOR 16-159 APRIL 25, 2016 (TITLE.) Order, Authorizing Execution of Agreement for Maine Department of Transportation Local Project — union Street and Fourteenth Street Intersection Improvements, WIN 20896.00 (TITLE.) ORDER, Authorizing Execution of Agreement for Maine Department of Transportation Local Project — WIN #20896.00, Union Street and Fourteenth Street Improvement Project ORDERED, THAT: the City Manager is hereby authorized and directed to execute an agreement with the Maine Department of Transportation for the following: An Agreement with the Maine Department of Transportation — Union .Street and Fourteenth Street Improvements, WIN #20896.00 Copy of the agreement is attached. IN CITY COUNCIL APRIL 25, 2016 PASUD CITY CLERK 16-159 JAUFRML 25, 2016 MaineDOT use only AMS ID: CSN: TEDOCS #: PROGRAM: Multimodal (OUC 57000) MAINE DEPARTMENT OF TRANSPORTATION Locally Administered Project Agreement With the City of Bangor Regarding Improvements at Union Street (Route 222) and 14th Street Total Amount: $240,865 MaineDOT WIN: 20896.00 Federal Share: $192,692 Federal Project #: State Share: $24,086.50 Federal Authorization Date: Bangor Share: $24,086.50 Bangor's Vendor ID: VC1000007010 Effective Date: Bangor's DUNS® Number: 07-173-9692 Expiration Date: CFDA #20.205: Highway Planning & Construction This subaward agreement for a federal -aid project is between the Maine Department of Transportation, an agency of the State of Maine with headquarters at 24 Child Street in Augusta, Maine ("MaineDOT"), and the City of Bangor, a body corporate and politic with its principal offices at 73 Harlow Street in Bangor, Maine ("the City.") This Agreement contains the following attachments: 1. Federal Funding Accountability and Transparency Act (one page, signature required); 2. Federal Title VI Assurances (five pages, signature required); 3. Requirements for operation and maintenance of traffic signals and equipment. WHEREAS, the scope of work set forth in Article 1A below was programmed for the MaineDOT 2016-2018 Work Plan by the Bangor Area Comprehensive Transportation System, the designated metropolitan planning organization for the Bangor Urbanized Area, with its administrative offices at 12 Acme Road, Suite 102, in Brewer, Maine ("BACTS"); and WHEREAS, MaineDOT accepted the City's request to undertake the work as a locally administered project, based on the City's record of delivering such projects successfully NOW, in consideration of the previous statements, MaineDOT and the City ("the Parties") agree to the following terms: ARTICLE 1 - PROJECT OVERVIEW 1A. SCOPE OF WORK. BACTS programmed upgrades to the intersection of Union Street (Route 222) and 14th Street consisting of replacement of traffic signals and construction of a right -turn lane from 14th Street onto Union Street ("the Project.") Any change to this scope of work shall require approval from BACTS and MaineDOT to qualify for federal and state funding. City of Bangor. Union and le Street Intersection Improvements, WIN 20896.00 Page 1 of 9 16-159 APRIL 25, 2016 1 B. FUNDING. BACTS programmed a total of two hundred forty thousand eight hundred sixty-five dollars ($240,865) for the Project to be shared as set forth in Article 3, "Financial Provisions." Project costs exceeding this amount shall require approval from BACTS and MaineDOT to qualify for state and federal funding. 1C. ROLE OF CITY. The City shall assign a full-time employee with certification from MaineDOT to manage the Project and carry out the City's responsibilities. This Local Project Administrator shall follow the guidance in the latest edition of MaineDOT's Local Project Administration Manual. If the certified administrator leaves the City or ceases to oversee the Project, the City shall stop work and notify the MaineDOT Project Manager. MaineDOT will evaluate the situation and determine a course of action. ❑ The City has assigned the following person to serve as Local Project Administrator: Ted Trembley, Project Engineer City of Bangor, Engineering Department Phone: (207) 992-4251 Email: ted.trembley(cDbangormaine.gov 1 D. ROLE OF MAINEDOT. MaineDOT will assign a Project Manager to carry out the State of Maine's responsibilities. This person or a designee will have the authority to request design changes to meet applicable laws and design standards; accept or reject invoices; review construction activities to ensure compliance with contract documents; and take all other action needed to ensure the proper performance of this Agreement. ❑ MaineDOT has assigned the following person to serve as Project Manager: Catherine Rand, Project Manager I Bureau of Project Development, Multimodal Program Phone: (207) 634-3451 / (207) 557-1662 Email: Catherine.RandAmaine.gov ARTICLE 2 - PROJECT DEVELOPMENT 2A. AUTHORIZATION. The City shall receive Notice to Proceed from MaineDOT before starting reimbursable work or executing any contract for services for the Project. This notice shall be issued after MaineDOT receives authorization for federal financial participation in the Project and executes this Agreement. 2B. KICKOFF. The City shall hold a project kickoff with MaineDOT to go over the scope of work, estimated cost, schedule, and legal requirements before any work begins. 2C. PROGRESS REPORTS. The City shall provide MaineDOT with regular progress reports for the Project at intervals established by MaineDOT's Project Manager. 2D. CONSULTANT SERVICES. The City may contract for consultant services to assist with delivery of the Project. In doing so, the City shall: 1. Use a qualifications -based process, in accordance with federal regulation 23 CFR, Section 172, "Administration of engineering and design -related service contracts." 2. Obtain the MaineDOT Project Manager's approval before awarding a contract. 3. Incorporate the "Consultant General Conditions for Local Public Agencies" into all contracts for services. City of Bangor. Union and I e Street Intersection Improvements, WIN 20896.00 Page 2 of 9 16-159 "RIL 25, 2016 4. Obtain MaineDOT's written approval before modifying a contract. MaineDOT shall not reimburse the City for work performed under a modification executed without prior approval or work performed before the effective date of a modification. 2E. DESIGN WORK. The City shall develop all design plans, specifications, estimates and contract documents for the Project, in accordance with MaineDOT's Engineering Instructions, Highway Design Guide and Standard Specifications, unless MaineDOT approves the use of alternative standards in writing, as follows: 1. The City shall submit a preliminary design report, if applicable, and the final plans, specifications and estimate (PS&E) package to MaineDOT for review and comment. 2. The City shall address, to MaineDOT's satisfaction, changes requested or concerns expressed before MaineDOT will authorize the City to advertise for construction bids. Advertising for bids or otherwise proceeding to construction without MaineDOT's written authorization shall render the Project ineligible for federal funding. 3. MaineDOT's acceptance of the PS&E package shall not relieve the Engineer of Record, whether a City employee or consultant, of responsibility for the quality of the engineering documents for the Project. 2F. PUBLIC PARTICIPATION. The City shall provide the public and all abutters with opportunity to learn about the Project and express concerns, using a public process that is appropriate for the scope of work and acceptable to the MaineDOT Project Manager. A public process certification (Letter 16) shall be part of the final PS&E package. 2G. ENVIRONMENTAL PROCESS. The City shall prepare and submit to MaineDOT all required environmental documents, including but not limited to Letter 11 and the National Environmental Policy Act (NEPA) checklist. MaineDOT will prepare and submit to the Federal Highway Administration all documentation required under NEPA. 2H. PERMITS. The City shall obtain all required approvals, permits and licenses for the Project. The City shall submit copies of all such documents and an environmental certification (Letter 12) to MaineDOT with the final PS&E package. 21. UTILITIES. The City shall coordinate the Project with all utilities and any railroad that may be affected by the work. The City shall submit a utility certification (Letter 13) to MaineDOT with the final PS&E package, in accordance with federal regulation 23 CFR, Section 635.609, "Authorization." MaineDOT's Utility Accommodation Rules (2014) shall apply to all required utility relocations. 2J. RIGHT OF WAY. If permanent or temporary property rights will need to be acquired for the Project, MaineDOT will carry out the right-of-way process. MaineDOT's Chief Property Officer shall approve any alternative procedure in writing. If applicable, the City shall dedicate to the Project any municipal land required for the Project. 2K. FORCE ACCOUNT. If the City intends to use municipal labor or materials for the Project, the City shall obtain MaineDOT's authorization to use a "force account" process before proceeding. If so authorized, the City shall comply with federal regulation 23 CFR, sections 635.201 to 635.205: "Force account construction." City of Bangor. Union and 10 Street Intersection Improvements, WIN 20896.00 Page 3 of 9 16-159 APRIL 25, 2016 2L. SOLICITATION OF BIDS. The City shall use competitive bidding to hire a construction contractor unless MaineDOT approves a "force account" process. Upon MaineDOT's written authorization, the City shall advertise for bids, as follows: 1. The City shall follow the procedures in MaineDOT's Standard Specifications (November 2014 Edition), Section 102, "Bidding." 2. The City shall submit bid tabulations to MaineDOT for review and shall obtain MaineDOT's written approval before awarding a contract. 2M. CONTRACT AWARD. Upon receiving MaineDOT's written approval, the City shall award a contract to the lowest responsive and responsible bidder in accordance with MaineDOT's Standard Specifications (November 2014 Edition), Section 103, "Award and Contracting." The City shall administer the contract for the duration of the Project. 2N. CONSTRUCTION. The City shall hold a pre -construction meeting with MaineDOT, the contractor, utilities and any other parties involved in the construction work. The City shall provide the supervision, inspection and documentation necessary to ensure that the Project is completed to MaineDOT's satisfaction in accordance with the final plans, specifications, special provisions and contract provisions, as follows: 1. The City shall coordinate materials testing to meet the Minimum Testing Requirements for the Project, in compliance with federal regulation 23 CFR, section 637, "Quality Assurance Procedures for Construction." 2. The City shall submit construction contract modifications to MaineDOT for review and comment before they are executed. MaineDOT reserves the right not to reimburse the City for work under contract modifications executed without MaineDOT's review. 3. If applicable, the Town shall provide MaineDOT with a set of revised as -built plans within 90 days of completion of construction. 20. MAINEDOT OVERSIGHT. MaineDOT may inspect construction activities and documentation — and test materials used — to ensure compliance with the Project specifications and construction contract. MaineDOT may reject work or materials out of compliance and withhold reimbursement to the City for such work or materials. 2P. MAINTENANCE. The City shall operate and maintain the traffic signals at the intersection in accordance with the provisions of Attachment 3, "Operation and Maintenance of Traffic Signals." ARTICLE 3 — FINANCIAL PROVISIONS 3A. MAINEDOT SHARE. MaineDOT, using federal and state funding programmed by BACTS, will share in the cost of the Project at the rate of ninety percent (90%), up to a maximum contribution of two hundred sixteen thousand seven hundred seventy-eight dollars and fifty cents ($216,778.50.) 3B. LOCAL SHARE. The City shall share in all federally eligible Project costs at the rate of ten percent (10%), or an estimated twenty-four thousand eighty-six dollars and fifty cents ($24,086.50.) Furthermore, the City exclusively shall be responsible for expenditures: 1. Incurred before the date of Notice to Proceed; City of Bangor: Union and 14" Street Intersection Improvements, WIN 20896.00 Page 4 of 9 16-159 APRIL 25, 2016 2. Deemed ineligible for federal financial participation; and 3. Exceeding the upset limit of this Agreement, as set forth in Article 1 B, "Funding." 3C. MAINEDOT COSTS. Costs that MaineDOT incurs for work on the Project shall be paid for out of the Project. The City shall share in these costs as set forth in Article 313, "Local Share." MaineDOT will reconcile these costs upon completion of the Project and deduct the City's share from the final invoice payment. 3D. REIMBURSEMENT. MaineDOT will reimburse the City for federally eligible costs incurred on the Project at the rate in Article 3A, "MaineDOT Share." The City shall bill MaineDOT no more than monthly but no less than quarterly, subject to these conditions: 1. The City shall submit Invoices on letterhead and reference WIN 20896.00. 2. MaineDOT will make no payment unless the City has incurred a cost and submitted to MaineDOT the receipted invoice and proof of payment, including a breakdown of the charges incurred in sufficient detail to satisfy the MaineDOT Project Manager. 3. Each invoice must include a progress report in accordance with Article 2C. 4. Each invoice must show MaineDOT's and the City's shares of Project costs, including a running total of all costs incurred to date. 5. The City must certify that amounts claimed are correct and not claimed previously. 6. Payment of the final invoice shall be contingent upon a final inspection of the completed Project to determine the acceptability of the work. 3E. REPAYMENT. If the City withdraws from the Project without concurrence from MaineDOT, leading to termination of this Agreement for cause under Article 4, "Termination," the City shall refund all payments from MaineDOT toward the Project and reimburse MaineDOT for costs incurred for work on the Project. MaineDOT shall make available to BACTS all refunded federal and state money upon closeout of the Project. 3F. SET-OFF. MaineDOT may exercise all of its common law, equitable and statutory rights of set-off to recover payment to the City for work subsequently deemed to be ineligible for federal -aid funding. These rights will include, but will not be limited to, MaineDOT's option to withhold money owed to the City under this Agreement and any other agreement with MaineDOT or any other agency of the State of Maine, including any contract starting before the effective date of this Agreement. 3G. REMAINING FUNDS. Any federal and state funds remaining in the Project upon completion of the Project payment of the final invoice shall be made available to BACTS. ARTICLE 4 — TERMINATION 4A. FOR CAUSE. MaineDOT will have just cause to terminate this Agreement in the event of default by the City, as defined in Article 413 below. MaineDOT will afford the City a cure period of fourteen (14) calendar days, effective on the City's receipt of Notice of Default. If the City fails to address all defaults within this cure period, MaineDOT may terminate this Agreement for cause, with these conditions: City of Bangor. Union and 14`h Street Intersection Improvements, WIN 20896.00 Page 5 of 9 16-159 APRIL 25, 2016 1. The City and all contracted parties shall stop work immediately - except for work required to protect public health and safety - and shall abide by the terms of Article 5 below regarding the treatment of records for the terminated Project. 2. If termination is the result of the City's failure to correct any occurrence of default, MaineDOT shall recover from the City reimbursements made and Project costs incurred in accordance with Article 3E, "Repayment." 3. MaineDOT will make available to BACTS all federal and state funds remaining in the terminated Project, as well as all federal and state funds recovered from the City, in accordance with Article 3E, "Repayment." 413. DEFAULT. MaineDOT shall send the City a Notice of Default if the City: • Withdraws from the Project without written concurrence from MaineDOT; or • Fails to provide matching funds as outlined in Article 313, "Local Share"; or • Makes inadequate progress within 18 months of execution of this Agreement; or • Takes any action that renders the Project ineligible for federal -aid funding; or • Uses Project funds for a purpose not authorized by this Agreement; or • Misrepresents or falsifies of any claim for reimbursement; or • Fails to meet standards of performance outlined in this Agreement. 4C. FOR CONVENIENCE. The Parties may terminate this Agreement for convenience by mutual consent for any reason not defined as "default," as follows: 1. In case of Termination for Convenience, MaineDOT will reimburse the City for federally eligible work performed until the effective termination date. The City's share of MaineDOT's costs for work on the Project shall be deducted from amounts due to the City in accordance with Article 3C, "MaineDOT Costs." 2. All Project records shall be handled in accordance with the terms of Article 5 below. 3. MaineDOT will make available to BACTS all federal and state funds remaining in the terminated Project, in accordance with Article 3G, "Remaining Funds." ARTICLE 5 - RECORDS & AUDIT 5A. Project records are printed or electronic plans, specifications, contracts, reports, notes, or other documents prepared by or for the City. The City shall retain all such records for at least five (5) years from the date of MaineDOT's acceptance of the final invoice for the Project. If any litigation, claim, negotiation or audit has begun before the end of this five (5) year period, all such records shall be kept at least until all action and resolution of all issues arising from it are complete. After completion or termination of the Project, all such records shall be provided to MaineDOT within thirty (30) days of receipt of any request. City of Bangor: Union and le Street Intersection Improvements, WIN 20896.00 Page 6 of 9 16-159 APRIL 25, 2016 513. The City and any consultant or contractor working on its behalf shall allow authorized representatives of the Federal Government and the State of Maine to inspect and audit Project records at reasonable times. Copies shall be furnished at no cost. 5C. Audits shall be performed in accordance with federal regulation 2 CFR, Section 200, Subpart F - "Audit Requirements." ARTICLE 6. GENERAL PROVISIONS 6A. GOVERNING LAW. This Agreement is made and shall be construed under the laws of the State of Maine. Since this Agreement covers a Project employing federal -aid funds, all activities under this document shall be performed in accordance with applicable federal regulations, including but not limited to 23 CFR, "Highways"; 49 CFR, "Transportation"; and 2 CFR, Section 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." 66. INDEMNIFICATION. To the extent allowed by law, the City shall indemnify, defend and hold harmless MaineDOT, its officers, agents and employees from all claims, suits or liabilities arising from negligent or wrongful act, error or omission by the City, its officers, employees, agents, consultants or contractors. Nothing in this article shall waive any defense, immunity or limitation of liability that may be available to either party under the Maine Tort Claims Act (14 M.R.S. Section 8101 et seq.) or other privileges or immunities provided by law. 6C. CONFIDENTIALITY. The City shall protect the confidentiality of right-of-way negotiations, property appraisals, and engineering estimates of the cost to construct the Project, in accordance with the provisions of Title 23 of the Maine Revised Statues Annotated (MRSA), Section 63, "Confidentiality of records ...." 6D. INDEPENDENT CAPACITY. The City, its employees, agents, representatives, consultants and contractors shall not act as officers, employees or agents of MaineDOT. 6E. FLOW DOWN. Contracts between the City and all third parties shall contain or incorporate by reference applicable provisions of this Agreement. 6F. EQUAL EMPLOYMENT OPPORTUNITY. The City shall adhere to all EEO requirements in the administration of the Project, as follows: The City shall not discriminate against any employee or applicant for employment relating specifically to work under this Agreement because of race, color, religious creed, sex, national origin, ancestry, age, sexual orientation or disability unless related to a bona fide occupational qualification. The City shall take affirmative action to ensure that all such applicants are employed and that all such employees are treated regardless of their race, color, religious creed, sex, national origin, ancestry, age or disability during any period of employment under this Agreement. 2. In all solicitations or advertising for employees relating to work done under this Agreement, the City shall state that all qualified applicants shall receive consideration for employment regardless of race, color, religious creed, sex, national origin, ancestry, age, sexual orientation or disability. City of Bangor: Union and 14'* Street Intersection Improvements, WIN 20896.00 Page 7 of 9 16-159 APRIL 25, 2016 3. The City shall include the previous EEO provisions under this Article in any contract for services or work for the Project so that such provisions are binding upon each consultant and contractor — with the exception of any contract for the purchase of standard commercial supplies or raw materials. To the maximum extent feasible, the City and its consultants and contractors shall list all suitable employment openings with the Maine Job Service. 6G. 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. 6H. 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. ARTICLE 7. DEBARMENT 7A. The City certifies to the best of its knowledge and belief that it and its officers, agents and employees associated with the Project are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by the Federal Government. If the City cannot certify to this statement, it shall attach an explanation to this Agreement. For the term of this Agreement, the City shall notify MaineDOT promptly if it or any officer, agent or employee associated with the Project is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by the Federal Government. 7B. The City agrees that it shall not hire an outside entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by the Federal Government. 7C. The City agrees that if it contracts with an outside entity, that entity and its principals shall certify that they: Have not within a 3 -year period preceding the date of such contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with the following: a.) obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; b.) violating federal or state antitrust statutes; and c.) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 2. Are not currently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 1 of this section; and 3. Have not within a 3 -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. City of Bangor: Union and le Street Intersection Improvements, WIN 20896.00 Page 8 of 9 16-159 APRIL 25, 2016 ARTICLE 8. CONFLICT OF INTEREST The City shall avoid contracting with an outside entity that has a financial or other interest in the Project or in its outcome, other than the performance of the contract. This prohibition applies to: 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; b.) any agreement providing incentives or guarantees of future work on the Project or related matters; and c.) any interest in real property acquired for the Project unless such interest is disclosed to MaineDOT before the person or entity entered into the contract. ARTICLE 9. EXPIRATION This Agreement shall expire upon satisfactory completion of the Project or five (5) years from the final day of the month in which this Agreement took effect, whichever occurs first, except as follows: • Article 2P, "Maintenance," shall be enforced upon completion of the Project and after expiration of this Agreement in accordance with the terms of Attachment 3. • Article 5, "Records & Audit," shall remain effective for at least five (5) years from completion of the Project. • Article 6B, "Indemnification," shall survive the termination or expiration of this Agreement. It shall remain in place until terminated by the Parties. • Article 6C, "Confidentiality," shall remain in effect until negated by law. ARTICLE 10. AGREEMENT APPROVAL The undersigned municipal representative assures that the City Council of Bangor, Maine has approved the City's entry into this Agreement, has appropriated or authorized use of required matching funds, and has authorized the representative to sign this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement effective on the date last signed below. City of Bangor Catherine M. Conlow, City Manager Date: Maine Department of Transportation William A. Pulver, P.E., Director, Bureau of Project Development Date: 1 certify that the foregoing signature is true and accurate. 1 further certify - pursuant to 10 M.R.S.A. §9407 and §9502 - that the signature, if electronic: (a) is intended to have the same force as my manual signature; (b) is unique to me; (c) is capable of verification; and (d) is under my control. City of Bangor. Union and I4'4 Street Intersection Improvements, WIN 20896.00 Page 9 of 9 16-159 APRIL 25, 2016 ATTACHMENT 1 Federal Funding Accountability and Transparency Act The City of Bangor, Maine 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 • Those revenues are greater than $25 million annually; and • Compensation information is not already available through reporting to the U.S. Securities and Exchange Commission (SEC). B) Legal name and DUNS® number on file with the Central Contractor Registration (CCR): City of Bangor, Maine 07-173-9692 Sign and Print Legal CCR Name DUNS® Number Authorized Representative: Catherine M. Conlow, City Manager Attachment I — FFATA Form Page I of I 16-159 ATTACHMZ z 5, 2016 U.S. Department of Transportation (U.S. DOT) Federal Highway Administration — Standard Title VI / Nondiscrimination Assurances DOT Order No. 1050.2A The City of Bangor (the "Recipient") AGREES THAT, as a condition of receiving Federal financial assistance from the U.S. Department of Transportation (U.S. DOT) through the Federal Highway Administration (FHWA), it is subject to and will comply with the following: Statutory/Regulatory Authorities • Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Nondiscrimination In Federally Assisted Programs Of The Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory citations hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, "for which the Recipient receives Federal financial assistance from the U.S. DOT, including the FHWA. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Nondiscrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its federally assisted programs: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23 (b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal Highway Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: Attachment 2 — Federal Title VI Assurances Page I of 5 16-159 APRIL 25, 2016 ATTACHMENT 2 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 ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or Agreement subject to the Acts and the Regulations. 4. If applicable, the Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. If applicable, the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. Attachment 2 — Federal Title VI Assurances Page 2 of 5 16-159 APRIL 25-, 2016 ATTACHMENT 2 By signing this ASSURANCE, the Recipient also agrees to comply (and require any sub -recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the FHWA access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the FHWA. You must keep records, reports, and submit the material for review upon request to the FHWA, or their designees in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The Recipient gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation. This ASSURANCE is binding on the Recipient, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in it programs. The person signing below is authorized to sign this ASSURANCE on behalf of the Recipient. DATED Catherine M. Conlow, City Manager City of Bangor Encl.: Appendices A and E Attachment 2 — Federal Title VI Assurances Page 3 of 5 16-159 APRIL 25, 2016 ATTACHMENT 2 TITLE VI ASSURANCES: APPENDIX A During the performance of this contract, the City, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The City will comply with the Acts and the Regulations relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement, as set forth in Appendix E to these Assurances. 2. Nondiscrimination: The City, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of consultants and contractors, including procurements of materials and leases of equipment. The City will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix E to these Assurances, 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 of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the City for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential consultant or contractor will be notified by the City of the City's obligations under this Agreement and the Acts and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, as set forth in Appendix E to these Assurances. 4. Information and Reports: The City will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Maine Department of Transportation or the Federal Highway Administration, to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the City is in the exclusive possession of another who fails or refuses to furnish the information, the City will so certify to the Maine Department of Transportation or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for noncompliance: In the event of the City's noncompliance with the Non-discrimination provisions of this Agreement, MaineDOT will impose such Agreement sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the City under the Agreement until the City complies; and/or b. Cancelling, terminating, or suspending the Agreement, in whole or in part. Incorporation of Provisions: The City will include the provisions of paragraphs one through five above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The City will take action with respect to any subcontract or procurement as the Maine Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the City becomes involved in, or is threatened with litigation by a consultant, contractor, or supplier because of such direction, the City may request the Maine Department of Transportation to enter into any litigation to protect the interests of the Maine Department of Transportation. In addition, the City may request the United States to enter into the litigation to protect the interests of the United States. Attachment 2 — Federal Title VI Assurances Page 4 of 5 16-159 APRIL 25, 2016 ATTACHMENT 2 TITLE VI ASSURANCES: APPENDIX E During the performance of this contract, the City of Bangor, for itself, its assignees, and successors in interest (hereinafter referred to as the "City") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures 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 ensure compliance with Title VI, you must take reasonable steps to ensure 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.). Attachment 2 — Federal Title VI Assurances Page 5 of 5 16-159 ATTACE RN2016 3 6 OPERATION & MAINTANCE OF TRAFFIC SIGNALS A. The City of Bangor ("the City") agrees to operate and maintain all traffic signals and related equipment installed pursuant to this Agreement to function as designed and installed as part of the above -referenced Locally Administered Project, WIN 020896.00, unless approved otherwise as hereinafter provided or as necessary as follows: 1. All malfunctions and deficiencies in the traffic signal or any equipment appurtenant thereto shall be repaired or corrected expeditiously in accordance with the Institute of Transportation Engineer's (ITE) "Traffic Signal Installation and Maintenance Manual." Any failure to correct the traffic signal to function as designed could, upon written notification from the MaineDOT, result in the MaineDOT making all necessary repairs at the City's expense. 2. The visibility of the traffic signal shall be preserved and maintained at all times by removing any visual impairment thereto. 3. No change in operation or modification to the traffic signal or any equipment appurtenant thereto shall be made without the express written approval of the MaineDOT. 4. The MaineDOT shall be notified in writing prior to any removal or replacement of the traffic signal or any equipment and appurtenant thereto. Upon removal, such traffic signal or equipment so removed shall be disposed of as deemed appropriate by mutual agreement of the MaineDOT and Municipality without any cost to the MaineDOT, unless agreed otherwise in writing. B. The City agrees to be responsible for the electrical service for the traffic signals and agrees to execute any necessary documentation required to establish such service and provide any local permits necessary for the installation of such service. C. The City agrees to maintain all pavement markings (including stop bars, lane use arrows and all striping necessary to delineate the turning lane) and all traffic control signs as furnished under the project. D. The City agrees to allow the contractor for the project to control all traffic within all designated work areas at such times and in such a manner necessary to permit construction of the project and the installation of the traffic signal as specified in the traffic control plan approved by the MaineDOT. Attachment 3: Operation and Maintenance of Traffic Signals Page 1 of I