HomeMy WebLinkAbout2016-04-25 16-164 ORDERCOUNCIL ACTION
Item No. 16-164
Date: April 25, 2016
Item/Subject: ORDER, Authorizing Execution of Agreement for Maine Department of
Transportation Local Project — Ohio Street and Fourteenth Street
Intersection Improvements, WIN 20895.00
Responsible Department: Engineering
Commentary: This order would authorize the City Manager to execute a Local Project Agreement
with the Maine Department of Transportation for the design of the replacement of traffic signals,
installation of pedestrian signals, rehabilitation of sidewalks and sidewalk ramps, and adjustment of
the turning radius at the intersection of Ohio Street and Fourteenth Street.
The Maine Department of Transportation has approved funds in an amount not to exceed
$15,000.00. The total State/Federal share of 90% is equal to $13,500.00, and the Municipality
share of 10% is equal to $1,500.00. 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 WarT&Vr
Associated Information: Council Order, Agreement
Budget Approval:
Fin ce Director
Legal Approval:
City olicitor
Introduced for
X Passage
First Reading
Page _ of _
Referral
Assigned to Councilor Perry
CITY OF BANGOR
16-164
APRIL 25, 2016
(TITLE.) Order, Authorizing Execution of Agreement for Maine Department of
Transportation Local Project — Ohio Street and Fourteenth Street
Intersection Improvements, WIN 20895.00
(TITLE.) ORDER, Authorizing Execution of Agreement for Maine Department of
Transportation Local Project — WIN #20895.00, Ohio Street and Fourteenth Street
Intersection 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 — Ohio Street and Fourteenth
Street Intersection Improvements, WIN #20895.00
Copy of the agreement is attached.
IN CITY COUNCIL
APRIL 25, 2016
PASS D
CITY CLERK
VP
16-164
Mainei)OT 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 to the Intersection of Ohio Street and 14th Street
Total Amount: $15,000 MaineDOT WIN: 20895.00
Federal Share: $12,000 Federal Project #:
State Share: $1,500 Federal Authorization Date:
Bangor Share: $1,500 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 made 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 preliminary engineering work for improvements
to the intersection of Ohio Street and 14th Street, consisting of replacement of traffic
signals, installation of pedestrian signals, rehabilitation of sidewalks and sidewalk ramps,
and adjustment of the turning radius ("the Project.") Any change to this scope of work shall
require approval from BACTS and MaineDOT to qualify for federal and state funding.
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1 B. FUNDING. BACTS programmed fifteen thousand dollars ($15,000) 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.trembleyCa?bangormaine.gov
1 D. ROLE OF MAINEDOT. MaineDOT will assign a Project Manager to the Project 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 necessary 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. RandCa_maine.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.
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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 Project. 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 must 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 written 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."
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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:
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 prior review.
3. If applicable, the City 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
under the terms 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 thirteen thousand five hundred dollars ($13,500.)
3B. LOCAL SHARE. The City shall share in all federally eligible Project costs at the rate of ten
percent (10%), or an estimated one thousand five hundred dollars ($1,500.) Furthermore,
the City exclusively shall be responsible for expenditures:
1. Incurred before the date of Notice to Proceed;
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2. Deemed ineligible for federal financial participation; and
3. Exceeding the upset limit of this Agreement, asset forth in Article 113, "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 20895.00.
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 payment
of the final invoice for the Project 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 4B 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:
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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 A 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.
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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."
613. 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. Any other provision of this Agreement to the contrary notwithstanding, this
provision shall survive the termination or expiration of this Agreement.
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. 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.
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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.
6F. FLOW DOWN. Contracts between the City and all third parties shall contain or incorporate
by reference applicable provisions of this Agreement.
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.
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ARTICLE S. 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 to this
Agreement.
• Article 5, "Records & Audit," shall remain effective for at least five (5) years from
completion of the Project.
• Article 613, "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:
I certify that the foregoing signature is true and accurate. I 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.
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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 — FFA TA Form Page I of I
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ATTACHMENT 2
U.S. Department of Transportation (U.S. DOT)
Federal Hiahwav 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
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ATTACHMENTSY 2016
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 VIAssurances Page 2 of 5
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ATTA'FERfi 1016
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
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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
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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 Til Assurances Page 5 of 5
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ATTACHMENT 3
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 020895.00, 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 I of 1