HomeMy WebLinkAbout2024-07-22 24-229 OrderCITY COUNCIL ACTION
Council Meeting Date:
Item No:
Responsible Dept:
Requested Action:
Summary
Committee Action
Meeting Date:
For: Against:
City Manager City Solicitor Finance Director
Map/Lot:
Introduced for:
Order
Committee:
Action:
Staff Comments & Approvals
Date:
Item No:
Assigned to Councilor:
24-229
�,�,��.
JULY 22,2024
�,� � ��r�������.�r�������
�,��� �4, AMS ID:
CSN:
MaineDOT PROGRAM: Multimodal Pro�ram
LocallyAdministered Project(PayableJ
Total Amount: $714,699.00 MaineDOT WIN: 28476.00
Federal Share: $571,759.20 Federal Project#: 2847600
State Share: $71,469.90 Bangor Vendor ID: VC1000007010
Local Match: $71,469.90 Bangor Unique Entity ID: MLLMBKS2LVQ5
Effective Date: Federal Assistance Listing#: 20.205
Expiration Date: 6/30/2029
Note: The table above is included herein for administrative purposes only.It is not part of the agreement below.
MAINE DEPARTMENT OF TRANSPORTATION
Agreement for a Federally Funded Locally Administered Project
With the
City of Bangor
Regarding
Intersection Improvements at Broadway and North Park Street
This subaward agreement for a federal-aid project is entered into by and between the Maine Department
of Transportation (MaineDOT), an agency of state government with its headquarters at 24 Child St. in
Augusta, Maine, and a mailing address of 16 State House Station Augusta, ME 04333-0016; and the
City of Bangor(the City), a municipal corporation organized and existing under the laws of Maine, with
its principal administrative offices at 40 Harlow St., in Bangor, Maine, and a mailing address of the
same. (MaineDOT and the City are referred to collectively as the Parties and individually as a Party.)
RECITALS
A. SCOPE OF WORK. This Agreement shall apply to design and construction work for a traffic signal
upgrade at the intersection of Broadway and North Park Street/ Stillwater Avenue (the Project); and
B. ROLE OF BACTS. The Bangor Area Comprehensive Transportation System(BACTS), the
metropolitan planning organization for the Bangor Urbanized Area, programmed the Project for
inclusion in the MaineDOT 2024-2026 Work Plan with the City's support as a member of BACTS.
C. ROLE OF CITY. The City, unless otherwise specified herein, shall carry out the work as a Locally
Administered Project subject to the policies and procedures in the MaineDOT Local Project
Administration Manual & Resource Guide (LPA Manual) and MaineDOT's oversight under Title 23
USC §106(g)(4) and Title 23 CFR part 635.105.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing statements, the Parties agree to the following:
1. APPENDICES
� Operation and Maintenance of Traffic Signals; and
� Federal Title VI Assurances.
Agreement, Bangor WIN 028476.00, Broadway at Stillwater/North Park Page I of IO
24-229
JULY 22,2024
2. PROJECT MANAGEMENT
2.1 The City shall place in responsible charge of the Project a full-time employee with Local Project
Administration (LPA) certification. This person shall abide by the provisions of this Agreement
and all policies and procedures in the LPA Manual. The Local Project Administrator is as follows:
❑ Ted Trembley, Design Engineer/Project Manager, City of Bangor
Phone: 207-992-4251
Email: T`�d.T`��rr�bl�vC�b�����������.�
Note: The City shall notify MaineDOT if this person ceases to oversee the Project.
2.2 MaineDOT will assign a Project Manager to carry out MaineDOT's responsibilities under this
Agreement. The Project Manager or a designee will have the authority to enforce all provisions of
this Agreement and take all other action necessary to assure the proper performance of this
Agreement. MaineDOT has assigned the following person to serve as Project Manager:
❑ Dan Loring, Multimodal Program
Phone: 207-624-3451
Email: I�a��i�1.IVI.L,c��i���Cr�rr�ai���.�
3. FINANCIAL OBLIGATIONS
3.1 AUTHORIZATION. MaineDOT's financial participation in the Project will begin upon the full
execution of this Agreement(the Effective Date).
3.2 COST-SHARING. BACTS programmed for the Project a total of$714,699.00, which the Parties
shall share as set out below. Costs eligible for federal/state participation shall not exceed this
amount without written approval from BACTS. Upon receiving such approval, the Parties shall
modify this Agreement.
a. MAINEDOT SHARE. MaineDOT, using federal and state funds programmed by BACTS, will
share in cost of the Project at the rate of 90 percent, up to $643,229.10.
b. LOCAL MATCH. The City shall share in the cost of the Project at the rate of 10 percent, for
an estimated contribution of$71,469.90. Additionally, the City shall be fully responsible for:
i. All costs exceeding the Agreement maximum incurred without a modification in place;
ii. All costs incurred before the effective date of this Agreement; and
iii. All costs determined to be federally non-participating.
3.3 FINANCIAL UPDATES. The Parties shall review the estimated Project Cost in 3.2 above at the
milestones of Preliminary Design Report(PDR), Plan Impacts Complete (PIC), and final Plans,
Specifications & Estimate (PS&E). After each review, each Party shall work with BACTS to
appropriate the funds to meet the latest estimate. Additionally, the City shall provide MaineDOT's
Project Manager with one of the following, in the format of Letter 9 from the LPA Manual:
a. A statement acknowledging the latest estimate and affirming its commitment to the Project; or
b. A request to cancel the Project, which may require repayment of costs incurred if such action
results in federal non-participation in the Project.
Agreement, Bangor WIN 028476.00, Broadway at Stillwater/North Park Page 2 of IO
24-229
JULY 22,2024
3.4 REIMBURSEMENT. The City shall pay Project costs as they occur and request periodic
reimbursement for MaineDOT's portion. Invoices shall be submitted to MaineDOT's Project
Manager at least every six months in the format of Letter 4 from the LPA Manual, as follows:
a. Each invoice shall include a progress report for the service period of the invoice;
b. Each invoice shall include enough backup to satisfy the MaineDOT Project Manager;
c. Each invoice shall show MaineDOT's and the City's portions of Project costs, including a
running total of costs invoiced to date;
d. The City must certify that amounts claimed are correct and not claimed previously;
e. Upon completion of the Project and payment in full of all contracted parties, the City shall
submit to MaineDOT a final invoice modeled after Letter 20 from the LPA Manual. Payment
shall be contingent on a passing inspection of the Project by MaineDOT and receipt of a
completed consultant evaluation, contractor evaluation and as-built plans (if applicable).
3.5 MAINEDOT COSTS. MaineDOT will charge to the Project its costs for services performed on the
Project. The City shall share in these costs commensurate with its share percentage of the Project.
MaineDOT, at a minimum, will reconcile these costs upon completion of the Project and deduct
the City's share percentage from the final invoice payment under 3.4(e) above.
3.6 REMAINING FUNDS. MaineDOT will transfer into the BACTS holding WIN 014272.40 any
federal/state funds remaining in the Project once MaineDOT has paid the final invoice under
3.4(e) above. Any federal/state funds repaid to MaineDOT by the City also shall revert back to
BACTS for reprogramming.
4. DESIGN, RIGHT OF WAY, AND CONSTRUCTION
4.1 KICKOFF. The Parties shall hold a kickoff ineeting to go over the Project upon the execution in
full of this Agreement.
4.2 PROGRESS UPDATES. The City shall provide MaineDOT with written progress updates upon
request. If the City fails to respond to repeated requests for such updates, MaineDOT reserves the
right to declare the City to be in default of this Agreement.
4.3 ENGINEERING SERVICES. A professional engineer licensed in Maine shall supervise all design
work on the Project. If the City intends to hire a consultant to serve as the engineer of record, the
City shall use a qualifications-based selection in accordance with 23 CFR part 172 and Chapter 2
of the LPA Manual(Hiring Consultants), as follows.
a. Using price as a ranking factor shall make consultant work ineligible for reimbursement.
b. The City shall obtain MaineDOT's written approval of any contract or contract modification.
Work performed without such approval shall be ineligible for reimbursement.
c. The City shall incorporate by reference the terms and conditions of MaineDOT's Consultant
General Conditions into its contracts for consultant services.
d. The City shall fill out a consultant evaluation upon completion of its contract with any
consultant. A copy of the completed form shall be provided to MaineDOT.
Agreement, Bangor WIN 028476.00, Broadway at Stillwater/North Park Page 3 of IO
24-229
JULY 22,2024
4.4 SURVEY. Unless MaineDOT approves otherwise in writing, MaineDOT shall be responsible for
all survey work on the state highway system, and the City shall be responsible for all survey work
off of the state highway system.
4.5 DESIGN WORK. The City, in coordination with its contracted consultant, shall be responsible for
developing all design plans, specifications, estimates and contract documents. The design of the
Project shall comply with the Americans with Disabilities Act (ADA) and all other applicable
laws,regulatory requirements, and engineering standards.
a. The City shall submit the following to MaineDOT for review and comment:
i. Preliminary design report;
ii. Design plan impacts (if right-of-way mapping will be required); and
iii. Final plans, specifications and estimate package (PS&E).
b. The bid documents shall contain all applicable special provisions and federal requirements—
including but not limited to Form FHWA-1273 and signed Title VI Assurances—as set out in
Chapter 7 of the LPA Manual (Final PS&E Package).
c. Electronic design files provided to MaineDOT for use in the right-of-way process shall
conform to MaineDOT's Electronic Exchange of CADD Data policy, found online:
http://www.maine.�ov/mdot/caddsu�ort/.
d. MaineDOT will enforce all applicable engineering standards, laws and regulatory
requirements and will require changes to the design plans or specifications if they are not met.
e. MaineDOT will give the City written construction authorization once MaineDOT accepts the
final PS&E package as complete. Receipt of such authorization shall not relieve the City and
its consultant of responsibility for meeting all engineering standards, laws and regulatory
requirements that apply to the Project.
4.6 PUBLIC PARTICIPATION. During preliminary design, the City shall conduct a public process
appropriate for the scope of work and acceptable to MaineDOT's Project Manager. The City shall
provide MaineDOT with a signed public process certification modeled after Letter 10 from the
LPA Manual, as part of the Project's environmental package.
4.7 ENVIRONMENTAL REQUIREMENTS. MaineDOT will carry out the National Environmental
Policy Act (NEPA) process. The City shall provide MaineDOT with signed Letter 11 from the
LPA Manual and the completed NEPA Documentation Checklist to assist with this work.
Additionally:
a. The City shall be responsible for obtaining all environmental approvals, permits and licenses
for the Project—outside of the NEPA process; and
b. The City shall provide MaineDOT with a signed environmental certification modeled after
Letter 12 from the LPA Manual, as part of the final PS&E package for the Project.
4.8 UTILITY COORDINATION. The City shall identify all utilities and any railroad affected by the
Project and shall coordinate any facility relocations in accordance with Chapter 5 of the LPA
Manual (Utility Coordination). The City shall provide MaineDOT with a signed certification
modeled after Letter 13 from the LPA Manual, as part of the final PS&E package.
Agreement, Bangor WIN 028476.00, Broadway at Stillwater/North Park Page 4 of IO
24-229
JULY 22,2024
4.9 RIGHT-0E-WAY. The Parties will coordinate the right-of-way process, if necessary, as follows:
a. MaineDOT will carry out the right-of-way process if the Project is located primarily on the
state highway system.
b. The City, at MaineDOT's discretion, may be required to participate in the right-of-way process
for any portion of the Project off the state highway system. In doing so, the City and its
contracted parties shall comply with the federal Uniform Act and abide by the MaineDOT
Right of Way Manual and Chapter 6 of the LPA Manual (Right of Way).
c. If the Project is located partially on and partially off the state highway system:
i. One certified appraiser shall perform the appraisals for all parcels, and a second
certified appraiser shall carry out the required appraisal reviews;
ii. MaineDOT will acquire rights located on the state highway system; and
iii. The City, at the discretion of MaineDOT, may be required to acquire rights located off
the state highway system.
d. MaineDOT will participate financially in right-of-way settlements up to 110 percent of the
Determination of Just Compensation for each parceL MaineDOT's participation in any
settlement exceeding this amount shall require MaineDOT's approval.
e. The City shall dedicate to the Project for public use into perpetuity any municipal property
needed for the Project (if applicable).
4.10 ADVERTISING FOR BIDS. The City shall use competitive bidding to hire a construction
contractor upon receiving MaineDOT's written construction authorization. The City shall abide by
Section 102 of MaineDOT's Standard Specifications (Bidding) and Chapter 8 of the LPA Manual
(Advertise & Award).Advertising without authorization shall result in federal non-participation.
4.11 AWARDING A CONTRACT. Upon receiving written approval from MaineDOT, the City shall
award a contract to the lowest responsive/responsible bidder in accordance with Section 103 of
MaineDOT's Standard Specifications (Award and Contracting) and administer the contract for the
duration of the Project. Negotiation with any bidder, after opening bids and before awarding a
contract, is prohibited by the federal regulations found in 23 CFR �635113.
412 CONSTRUCTION OVERSIGHT. During construction, the City shall ensure that there is adequate
supervision and inspection to complete the Project in conformance with the approved plans and
specifications. Accordingly, the City shall be responsible for the following:
a. Providing a resident inspector who is either a municipal employee with the appropriate
qualifications— as set out in Chapter 11 of the LPA Manual (Construction Administration) — or
a consultant hired through a qualifications-based selection.
b. Holding a pre-construction meeting and, if applicable, a separate pre-paving meeting.
c. Providing a paving inspector and a concrete technician with required certifications to be on site
for paving and concrete work. One person may perform both roles, if certified.
d. Coordinating materials testing to comply with the Minimum Testing Requirements that
MaineDOT will establish for the Project.
Agreement, Bangor WIN 028476.00, Broadway at Stillwater/North Park Page 5 of IO
24-229
JULY 22,2024
e. Submitting proposed contract modifications (change orders) to MaineDOT for review and
concurrence. MaineDOT may deny reimbursement to the City for work performed under a
change carried out without MaineDOT's concurrence.
f. Obtain MaineDOT's approval of changes to the previously approved design plans and
specifications proposed during construction. If a change made in the field without
MaineDOT's prior approval is found to be non-compliant with the Americans with Disabilities
Act or any applicable engineering standard, MaineDOT will require the City to make
corrections at its own expense, without reimbursement for the work.
4.13 FINAL INSPECTION. MaineDOT will inspect the completed Project for compliance with the
plans, specifications and provisions of the construction contract. MaineDOT reserves the right to
require any work determined to be out of such compliance to be addressed to MaineDOT's
satisfaction,before paying the final invoice from the City for the Project.
5. MAINTENANCE AFTER CONSTRUCTION
The appendix labeled"Perpetual Operation and Maintenance of Traffic Signals" shall govern all signal
maintenance on the completed Project. This section shall survive the expiration of this Agreement.
6. RECORDS AND AUDITS
6.1 Project Records, whether printed or electronic, shall include all plans, specifications, contracts,
reports, notes, or other documents prepared by or for the City. The City shall retain all Project
Records for at least 3 years from either the date of MaineDOT's acceptance of the final invoice
for the Project or the termination of this Agreement. If any litigation, claim, negotiation or audit
has begun before the end of this retention period, all Project Records shall be kept for at least 3
years after the litigation, claim, negotiation or audit is resolved.
6.2 The City and any contracted party working on its behalf shall allow representatives of the Federal
Government and the State of Maine to inspect and audit Project Records at any time. Copies shall
be provided at no cost to the agencies requesting them.
6.3 Audits shall be conducted in accordance with Title 2 in the Code of Federal regulations (2 CFR),
subpart F, §200.500 through §200.512—Audit Requirements.
This Section 6 shall survive the termination or expiration of this Agreement.
7. DEBARMENT
7.1 By signing this Agreement, the City certifies that, for the term of the Project, it shall not permit
any consultant, contractor, subcontractor or any other third party to work on any aspect of the
Project if that entity or its principals has been debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from doing business with any federal department or
agency. (Verification shall be made through the federal SAM.Gov website.) If the City cannot
certify to this statement, it shall attach an explanation to this Agreement.
7.2 If the City contracts with any third party pursuant to this Agreement, the City shall require that
party and its principals to certify that they:
Agreement, Bangor WIN 028476.00, Broadway at Stillwater/North Park Page 6 of IO
24-229
JULY 22,2024
a. Have not within a 3-year period preceding the date of a contract for the Project been convicted
of a crime or had a civil judgment rendered against them in connection with the following:
i. Obtaining, attempting to obtain, or performing a federal, state or local public transaction
or contract under a public transaction;
ii. Violation of federal or state antitrust statutes;
iii. Commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property.
b. Are not under indictment for or otherwise charged criminally or civilly by a federal, state or
local governmental entity with commission of any offense enumerated above; and
c. Have not within a 3-year period preceding this Agreement had one or more federal, state or
local public transactions terminated for cause or default.
8. CONFLICT OF INTEREST
8.1 No municipal official or employee with a direct or indirect financial or other personal interest in
any contract or subcontract for the Project shall negotiate, make, accept or approve any such
contract or subcontract.
8.2 No professional performing services for the City on the Project shall have a direct or indirect
financial or other personal interest in any contract or subcontract for the Project, other than the
person's employment or retention by the City. No officer or employee of any professional retained
by the City to work on the Project shall have a direct or indirect financial or other personal interest
in real property acquired for the Project unless the interest is disclosed in the public record and
such officer or employee has not participated in such acquisition for and on behalf of the City.
8.3 No person or entity entering into a contract for services for the Project shall have a direct or
indirect financial or other personal interest in the Project or in its outcome, other than the
performance of the contract. This prohibition covers the following:
a. Any agreement with, or other interest involving, third parties having an interest in the outcome
of the Project that is the subject to the contract; and
b. Any agreement providing incentives or guarantees of future work on the Project or related
matters; and
c. Any interest in real property acquired for the Project unless such real property interest is
disclosed in the public record before the person or entity enters into the contract.
9. GENERAL PROVISIONS
9.1 LEGAL COMPLIANCE. This Agreement shall be construed under the laws of the State of Maine.
During the performance of the Project, the Parties agree to comply with and abide by all
applicable federal, state and local laws, statutes, rules, regulations, standards and guidelines; avoid
hindering each other's performance; fulfill all obligations diligently; and cooperate in achieving
the intent of this Agreement.
Agreement, Bangor WIN 028476.00, Broadway at Stillwater/North Park Page 7 of IO
24-229
JULY 22,2024
9.2 INDEMNIFICATION. To the extent permitted by law, the City shall indemnify and hold harmless
the State of Maine, its agents, employees and contractors from all claims, suits or liabilities arising
from any negligent or wrongful act, error or omission by the City, its consultants or contractors.
Nothing herein shall waive any defense, immunity or limitation of liability that may be available
under the Maine Tort Claims Act(14 M.R.S., §8101 et seq.) or any other privileges or immunities
provided by law. This indemnification provision shall survive the termination or expiration of
this Agreement.
9.3 CONFIDENTIALITY. Information pertaining to right-of-way appraisals, negotiations with
property owners, and detailed construction cost estimates shall be kept confidential to the extent
required by state law: 23 M.R.S.A., §63.
9.4 STATE OF MAINE'S RIGHTS OF SET-0FF. MaineDOT shall have all of its common law,
equitable and statutory rights of set-off. These rights shall include, but not be limited to, the
State's option to withhold for purposes of set-off monies due the City under a specific project
contract up to any amounts due and owed to MaineDOT regarding this Agreement, and any other
agreement/contract with any State of Maine department or agency, including any
agreement/contract for a term commencing prior to the term of this Agreement, plus any amounts
due and owed to the State for any reason. MaineDOT shall exercise its set-off rights in accordance
with standard state practices including, in cases of set-off pursuant to an audit, the finalization of
the audit. If applicable, MaineDOT reserves the right to withhold or reduce future Local Road
Assistance payments to the City for purposes of set-off to recover the amount owed.
9.5 NON-APPROPRIATION. Notwithstanding anything herein to the contrary, the City acknowledges
and agrees that although the execution of this Agreement manifests MaineDOT's intent to honor its
terms and to seek funding to fulfill any obligations arising hereunder, such obligations by law are
subject to available budgetary appropriations by the Federal Government and the State of Maine.
This Agreement creates no obligation on behalf of MaineDOT in excess of such appropriations.
9.6 LOBBYING. By signing this Agreement, the undersigned municipal representative certifies that
no appropriated federal funds have been paid or will be paid, by or on behalf of the City, to any
person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan,
or cooperative agreement.
9.7 EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement:
a. The City shall not discriminate against any employee or applicant for employment relating to
this Agreement because of race, color, religious creed, sex, national origin, ancestry, age,
physical or mental disability, or sexual orientation, unless related to an actual occupational
qualification. The City shall take affirmative action to assure that applicants are employed, and
that employees are treated during their employment, without regard to their race, color,
religion, sex, age, national origin, physical or mental disability, or sexual orientation. The City
agrees to post in conspicuous places available to employees and applicants for employment
notices setting forth the provisions of this section.
Agreement, Bangor WIN 028476.00, Broadway at Stillwater/North Park Page 8 of IO
24-229
JULY 22,2024
b. The City —in all solicitations or advertising for employees placed by or on behalf of the City
relating to this Agreement— shall state that all qualified applicants shall receive consideration
for employment without regard to race, color, religious creed, sex, national origin, ancestry,
age, physical or mental disability, or sexual orientation.
c. The City shall cause the foregoing provisions to be inserted into any contract for work covered
by this Agreement so that such provisions shall be binding upon each contractor, except for
contracts or subcontracts for standard commercial supplies or raw materials.
9.8 FLOW DOWN. Contracts between the City and all third parties shall contain or incorporate by
reference applicable provisions of this Agreement.
9.9 ASSIGNMENT. No assignment of this Agreement is contemplated, and no assignment shall be
made without MaineDOT's express written permission.
9.10 AMENDMENT AND MODIFICATION. This Agreement may only be modified or amended in
writing and signed by duly authorized representatives of the Parties.
9.11 BINDING EFF`ECT. The Parties shall be bound by the terms of this Agreement, which shall apply
to its executors, their successors, administrators and legal representatives.
9.12 INDEPENDENT CAPACITY. The City, its employees, agents, representatives, consultants and
contractors shall not act as officers, employees or agents of MaineDOT.
9.13 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.
9.14 ELECTRONIC SIGNATURES. Each Party agrees that this Agreement may be signed
electronically and that all electronic signatures on this Agreement are the same as handwritten
signatures for the purposes of validity, enforceability and admissibility.
915 NOTICE. Any communications, requests or notices required or appropriate to be given under this
Agreement shall be in writing and may be sent by email, with express acknowledgement of receipt
by the receiving Party.
10. DEFAULT AND TERMINATION
101 MaineDOT shall have just cause to terminate this Agreement upon or after the occurrence of one
or more of the following events, which shall constitute default of this Agreement by the City:
a. The City withdraws its support for the Project, causing cancellation of the Project;
b. The City fails to advertise the Project within 3 years of the execution of this Agreement,
without receiving a time extension in writing from MaineDOT;
c. The City makes no effort to respond to repeated requests for progress updates;
d. The City takes any action that renders the Project ineligible for federal funding;
e. The City misrepresents or falsifies any claim for reimbursement;
f. The City uses Project funds for a purpose not authorized by this Agreement; and
g. The City fails to meet the standards of performance set out in this Agreement.
Agreement, Bangor WIN 028476.00, Broadway at Stillwater/North Park Page 9 of IO
24-229
JULY 22,2024
10.2 In the event of a default, MaineDOT will afford the City a cure period of 14 calendar days,
effective on the City's receipt of Notice of Default. If the City fails to address all grounds for
default within this cure period or any longer period as MaineDOT may authorize, MaineDOT may
terminate this Agreement for cause, with the following conditions:
a. MaineDOT reserves the right to require the City to return all payments from MaineDOT
toward the Project and to reimburse MaineDOT for its internal costs associated with the
Project—if the default results in federal non-participation; and
b. All funds recovered from the City shall be put in the BACTS holding WIN: 014272.40.
10.3 The Parties may terminate this Agreement for convenience by mutual consent for any reason not
defined as default. MaineDOT may reimburse the City for eligible work performed under this
Agreement until the effective date of termination for convenience.
11. TERM AND EXPIRATION
All provisions of this Agreement— except for those provisions that by their very nature are intended to
survive— shall expire upon payment by MaineDOT of the final invoice from the City under section
3.4(e) above or June 30, 2029 (Expiration Date), whichever occurs first. The City shall submit any
request for a time extension to MaineDOT in writing before the Expiration Date.
12. MUNICIPAL APPROVAL
The City's undersigned representative assures that the City's legislative body has approved the City's
entry into this Agreement, has appropriated or authorized the use of any required matching funds, and
has authorized the representative to sign this Agreement.
IN WITNESS WHEREOF, the duly authorized representatives of the Parties have executed this
Agreement effective on the date last signed below.
City of Bangor Maine Department of Transportation
By: By:
Debbie Laurie, City Manager * Todd Pelletier, P.E., Director *
Bureau of Project Development
Date: Date:
�`Pursuant to IO M.R.S.A. §9502, et seq.,I certify that the foregoing electronic signature: (a)is intended to have the same
force as my manual signature, (b)is unique to me, (c)is capable of verificatzon, (d)is under my control, and(e)is linked
to data in such a manner that it is invalidated if the data are changed.
Agreement, Bangor WIN 028476.00, Broadway at Stillwater/North Park Page IO of IO
24-229
JULY 22,2024
APPENDIX
APPENDIX
24-229
JULY 22,2024
OPERATION & MAINTENANCE 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, 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 Municipality'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
proj ect.
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.
Appendix: Operation and Maintenace of Traffic Signals Page I of I
24-229
JULY 22,2024
U.S. Department of Transportation (USDOT)
Federal Highway Administration — Standard Title VI / Nondiscrimination Assurances
DOT Order No. 1050.2A
The City of Bangor AGREES THAT, as a condition of receiving financial assistance from the U.S.
Department of Transportation (USDOT) through the Federal Highway Administration (FHWA), it is
subject to and will comply with the following:
Statutorv/Re�ulatory Authorities
� Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), which
prohibits discrimination based on race, color, national origin;
� 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 are referred to hereinafter as the "Acts" and the
"Regulations"respectively.
General Assurances
In accordance with the Acts, the Regulations and other pertinent directives, circulars, policy memoranda
and/or guidance, the Subrecipient hereby gives assurance that it will promptly take any measures
necessary to assure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the Subrecipient receives Federal financial assistance from the USDOT,
including the FHWA."
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress regarding 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 a11 programs and activities of the Subrecipient, so
long as any portion of the program is federally assisted.
Snecific Assurances
More specifically, and without limiting the above general Assurance, the Subrecipient agrees with and
gives the following Assurances with respect to its federally assisted projects:
1. The Subrecipient agrees that each "activity", "facility" or"program" —as defined in §§ 21.23
(b) and 21.23 (e) of 49 C.F.R. §21 —will be (regarding an "activity" facilitated), or will be
(regarding a"facility" operated), or will be (regarding a "program" conducted) in compliance
with all requirements imposed by, or pursuant to, the Acts and the Regulations.
2. The Subrecipient will insert the following notification in a11 solicitations for bids, requests
for proposals for work, or material subject to the Acts and the Regulations made regarding
all federal-aid highway programs and, in adapted form, in all proposals for negotiated
agreements regardless of funding source:
Title VI Assurances Page I of 8
24-229
JULY 22,2024
"The Subrecipient, in accordance with the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all
bidders that it will affirmatively assure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises will be afforded full opportunity to
submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, or national origin in consideration for an award."
3. The Subrecipient 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 Subrecipient 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
Subrecipient.
5. Where the Subrecipient 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. Where the Subrecipient 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 Subrecipient will include the clauses 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 Subrecipient 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. This Assurance obligates the Subrecipient 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 Subrecipient 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 Subrecipient retains ownership or possession of the property.
9. The Subrecipient 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 Subrecipient agrees that the United States has a right to seek judicial enforcement
regarding any matter arising under the Acts, the Regulations, and this Assurance.
Title VI Assurances Page 2 of 8
DocuSign Envelope ID: B84BF53D-F47B-4931-8880-6051 BFCCA2F7
24-229
JULY 22,2024
By signing this ASSURANCE, the Subrecipient agrees to comply with(and to require sub-grantees,
contractors, successors, transferees, and/or assignees to comply with) applicable provisions governing
the FHWA and USDOT access to records, accounts, documents, information, facilities and staff. The
Subrecipient also recognizes that it must comply with any program or compliance reviews, and/or
complaint investigations conducted by the FHWA and USDOT. The Subrecipient must keep records,
reports, and submit the material for review upon request to the FHWA and USDOT, or their
designees, in a timely, complete and accurate way. Additionally, the Subrecipient must comply with
all other reporting, data collection and evaluation requirements, as prescribed by law or detailed in
program guidance.
The Subrecipient gives this ASSURANCE in consideration of and for obtaining any Federal grants,
loans, contracts, agreements, property, and/or discounts, or other Federal and Federal financial
assistance extended after the date hereof by the USDOT under the Federal-Aid Highway Program.
This ASSURANCE is binding on the Subrecipient, sub-grantees, contractors, subcontractors and
their subcontractors, transferees, successors in interest, and any other participants in the Federal-Aid
Highway Program.
The person signing below is authorized to sign this ASSURANCE on behalf of the Subrecipient.
City of Bangor
DocuSigned by:
�t,,��1tt, �,�A�(�'lG
5235FDFEBSC640A...
By:
Debbie Laurie, City Manager
DATED: 4/11/2024
Encl.: Appendix A through Appendix E
Title VI Assurances Page 3 of 8
24-229
JULY 22,2024
APPENDIX A
PERFORMANCE REQUIREMENTS
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor(hereinafter includes consultants) will comply with
the Acts and the Regulations relative to non-discrimination in Federally-assisted programs of the
U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be
amended from time to time, which are herein incorporated by reference.
2. Non-discrimination: The contractor, as regards the work performed during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will
not participate directly or indirectly in the discrimination prohibited by the Acts and the
Regulations, 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 contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the contractor of the contractor's obligations
under this contract and the Acts and the Regulations relative to non-discrimination on the grounds
of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the
Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Subrecipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish the information, the contractor will so certify to the
Subrecipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-
discrimination provisions of this contract, the Subrecipient will impose such contract sanctians as it
or the FHWA may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will insert the provisions of paragraphs one through
six of the Assurances in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The
contractor will take action with respect to any subcontract or procurement as the Subrecipient or the
FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance.
If the contractor becomes involved in or is threatened with litigation by a subcontractor or supplier
because of such direction, the contractor may request the Subrecipient to enter into any litigation to
protect the interests of the Subrecipient. In addition, the contractor may request the United States to
enter into the litigation to protect the interests of the United States.
Title VI Assurances Page 4 of 8
24-229
JULY 22,2024
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
If applicable, the following clauses will be included in deeds effecting or recording the transfer of real
property, structures, or improvements thereon, or granting interest therein from the United States pursuant
to the provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation (USDOT) as authorized by law and upon
the condition that the Subrecipient will accept title to the lands and maintain the project constructed
thereon in accordance with 49 U.S. Code §5334, the Regulations for the Administration of the Federal
Aid Highway Program, and the policies and procedures prescribed by the Federal Highway
Administration (FHWA) of the USDOT in accordance and in compliance with all requirements imposed
by Title 49, Code of Federal Regulations, USDOT, Subtitle A, Office of the Secretary, Part 21, non-
discrimination in federally assisted programs of the USDOT pertaining to and effectuating the provisions
of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby
remise, release, quitclaim and convey unto the Subrecipient all the right, title and interest of the USDOT
in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the Subrecipient and its successors
forever, subject to the covenants, conditions, restrictions and reservations herein contained as follows,
which will remain in effect for the period during which the real property or structures are used for a
purpose for which Federal financial assistance is extended or for another purpose involving the provision
of similar services or benefits and will be binding on the Subrecipient, its successors and assigns.
The Subrecipient, in consideration of the conveyance of said lands and interests in lands, does hereby
covenant and agree as a covenant running with the land for itself, its successors and assigns, that
(1) no person will on the grounds of race, color, or national origin,be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination regarding any facility located
wholly or in part on, over, or under such lands hereby conveyed [,] [and]*
(2) that the Subrecipient will use the lands and interests in lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
USDOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted
programs of the USDOT, Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations and Acts may be amended [i and
(3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the
USDOT will have a right to enter or re-enter said lands and facilities on said land, and that above
described land and facilities will thereon revert to and vest in and become the absolute property of the
USDOT and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to make clear the purpose of Title VL)
Title VI Assurances Page 5 of 8
24-229
JULY 22,2024
APPENDI� C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED
UNDER THE ACTIVITY, FACILITY OR PROGRAM
If applicable, the following clauses will be included in deeds, licenses, leases,permits, or similar
instruments entered into by the Subrecipient pursuant to the provisions of Assurance 7(a):
A. The Subrecipient, for itself, its assignees, and successors in interest, as a part of the consideration
hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant
running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property
described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.
Department of Transportation activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee,
permittee, etc.) will maintain and operate such facilities and services in compliance with all
requirements imposed by the Acts and Regulations (as may be amended) such that no person
on the grounds of race, color, or national origin, will be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above non-
discrimination covenants, Subrecipient will have the right to terminate the (lease, license,
permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the
same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above non-discrimination covenants,
the Subrecipient will have the right to enter or re-enter the lands and facilities thereon, and the
above described lands and facilities will there upon revert to and vest in and become the absolute
property of the Subrecipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VL)
Title VI Assurances Page 6 of 8
24-229
JULY 22,2024
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED
UNDER THE ACTIVITY, FACILITY OR PROGRAM
If applicable, the following clauses will be included in deeds, licenses,permits, or similar
instruments/agreements entered into by the Subrecipient pursuant to the provisions of Assurance 7(b):
A. The Subrecipient, for itself, its assignees, and successors in interest, as a part of the consideration
hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant
running with the land") that (1) no person on the ground of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination
in the use of said facilities, (2) that in the construction of any improvements on, over, or under
such land, and the furnishing of services thereon, no person on the ground of race, color, or
national origin, will be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) that the (grantee, licensee, lessee,permittee, etc.) will use the
premises in compliance with all other requirements imposed by or pursuant to the Acts and
Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases,permits, etc.), in the event of breach of any of the above non-
discrimination covenants, the Subrecipient will have the right to terminate the (license,permit,
etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and
hold the same as if said (license, permit, etc., as appropriate) had never been made or issued. *
C. With respect to deeds, in the event of breach of any of the above non-discrimination covenants,
the Subrecipient will thereupon revert to and vest in and become the absolute property of the
Subrecipient and its assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause IS
necessary to make clear the purpose of Title VL)
Title VI Assurances Page 7 of 8
24-229
JULY 22,2024
APPENDIX E
During the performance of this contract, the contractor— for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") — agrees to comply with the following non-discrimination
statutes and authorities, including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 5 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 USC § 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, subrecipients
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 non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, 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 because of sex in education programs or activities (20 U.S.C. 1681 et seq.).
Title VI Assurances Page 8 of 8
� ; 24-229
� JULY 22,2024
�� W'�:
�� ;;� ���� � DEPART1�lENT oF ENGINEERING
.�
s��
0
CITY oF BANGOR
JOHN THERIAULT re,rroe
CITY ENGINEER
March 27, 2024
Michael Laberge, Local Projects Coordinator
Maine Department of Transportation
Bureau of Project Development, Multimodal Program
16 State House Station
Augusta, ME 04333-0016
Subject: Local Project Administration Request
MaineDOT WIN:28474.00— 14'�' Ext. Shared—Use Pathway
MaineDOT WIN 28476.00—Broadway/North Park Road Intersection
MaineDOT WIN 28458.00 —Mount Hope Avenue Sidewalk
Dear Mr. Laberge:
The Municipality of Bangor hereby requests approval to administer three federal-aid projects that
include the following:
MaineDOT WIN:28474.00— 14'�' Ext. Shared—Use Pathway
This project will construct a new 10 - 12 foot wide multi-use path along Fourteenth Street
extension beginning at Ohio Street and terminating at Valley Avenue.
MaineDOT WIN 28476.00—Broadway/North Park Road Intersection
This project includes a complete traffic signal upgrade at the intersection of Broadway (Route
15) and North Park Road. This work will include sidewalk ramp and pedestrian traffic signal
improvements.
MaineDOT WIN 28458.00—Mount Hope Avenue Sidewalk
This project will construct new 6' wide sidewalk along the north side of Mount Hope Avenue
beginning at Saratoga Avenue and ending approximately 740 feet west of Hogan Road. The
project will also include the addition of concrete curb along the north side of Mount Hope
Avenue and include roadside drainage upgrades.
Ted Trembley will be assigned to MaineDOT WIN 28474.00 and WIN 28476.00
Ted is the full-time employee of the City of Bangor and will serve as the Local Project
Adminstrator. Ted's Local Project Administration certification is valid through June 30, 2025.
Richard May is a full-time employee of the City of Bangor and will serve as the Local Project
Adminstrator for MaineDOT WIN 28458.00. Rich currently lacks Local Project Admistration
Certification but will sign up for the next available training which is currently offered on May 8,
2024.
73 HARLOW STREET, BANGOR. ME 04401
"['ELEPHONE: (207) 992-4250 FAX: (207) 992-4194
WWW.BANGORMAI NE.GOV
24-229
JULY 22,2024
The City of Bangox's Engineering Department has a number of sta�f that are currently Certified
through MaineDOT's LPA program. The City, and more specifically, Ted Trernbley have
completed numerous roadway, intersection, sidewalk, and trail projects under the Department's
LPA process. The following is a summaz�y o�City af Bangor staff that are anticpated ta work on
these three projects.
Jahn Theriault, PE, PTOE - Bangor City Engineer with over 30 years experfence, LPA certified
thraugh 7une 30, 2025.
Ted Trembley— Seniar Project Manager with over 34 years experience in municipal highway
design, LPA certifed through June 30, 2025.
Cheri Sikes—Cost accauntant and billing clerk with over 30 years of administrative experience.
Jefferson Davis—Licensed Landscape Architect with over 19 years experience on municipal
p�ojects, LPA certified through J�une 30, 2025.
Richard May—C'rky Stormwater Manager with S years experience on municipal projects.
Scheduled for LPA trazning on May 8, 2024.
3im Holmquist -Project Designer with over 19 years of infrastructure design experience, LPA
cerrified through June 30, 2025.
If MazneDOT concludes that the City of Bangor is adequately staffed and suitably equipped to
undertake these projects, please contact me ta discuss tne details of the projects and the
requirements for local administration.
I understand that, if approved, the M�nicipality will be responsible �or meeting all federal and
state requirements, as described in the latest edition of the MaineDOT Local Project
Administration Manual &Resou�'ce Guide. I also understand that the Municipality cannot
ur�dertake work eligible for reimbuarsement until a project agreement is executed and Main�DOT
zssues AuthorizatiQn to Proceed.
Sincerely,
John Theriault, PE, PTOE
Bangar City Engineer
IN CITY COUNCIL
JULY 22, 2024
CO 24-229
Passed
�����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������
��
CITY CLERK