HomeMy WebLinkAbout2013-10-16 13-334 ORDERCOUNCIL ACTION
Item No. 13-334
Date: October 16, 2013
Item/Subject: ORDER, Authorizing Execution of Agreement for Maine Department of Transportation
Local Project — WIN 020574.00, Ohio Street/Hammond Intersection Improvements
Responsible Department: Engineering
Commentary: This order would authorize the City Manager to execute a Local Project Agreement with
the Maine Department of Transportation for design, construction, engineering work for a complete traffic
signal upgrade and pedestrian safety improvements at the intersection of Ohio Street and Hammond
Street.
The project described was programmed for Maine DOT's 2013-2015 Work Plan by the Bangor Area
Comprehensive Transportation System, the designated Metropolitan Planning Organization for the
greater Bangor area.
The Maine Department of Transportation has approved federal and state funds in an amount not to
exceed $282,351which includes a Federal/State share of $254,115.90 or 90% of the total project costs
and a City share of $28,235.10 or 10% of the total project cost. As part of that project, the City would
need to enter into a local project agreement with the Maine Department of Transportation which were
reviewed and recommended for approval by the Infrastructure Committee at its October 7, 2013
meeting.
Arthur B. Morgan, P.E.
Department Head
Manager's Comments: � � GK,
City Manager
Associated Information: Councilor Order and Agreement
Budget Approval:
Fi4Wce Director
Legal Approval:
City Solicitor
Introduced for
X Passage
_ First Reading Page _ of _
Referral
ki
Assigned to Councilor Sprague
CITY OF BANGOR
13-334
OCTOBER 16, 2013
(TITLE.) ORDER, Authorizing Execution of Agreement for Maine Department of
Transportation Local Project — WIN #020574.00, Ohio Street/Hammond Street Intersection
Improvements
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/Hammond Street
Intersection Signal Upgrades and Pedestrian Safety Improvements Project, WIN 020574.00.
Copy of the agreement is attached.
IN CITY COUNCIL
October 16, 2013
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MaineDOT
13-334
MaineDOT use o»lv
TED OCS #:
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PROGRAM. Multimodal
MAINE DEPARTMENT OF TRANSPORTATION
Locally Administered Project Agreement
With the
Municipality of Bangor
Regarding
Ohio/Hammond Intersection Improvements
Total Amount: $282,351.00
Federal Share: $225,880.80
State Share: $28,235.10
Municipal Share: $28,235.10
Agreement Begin Date:
Agreement End Date:
(MaineDOT Use Only — Revised 09/27/2013)
State WIN: 020574.00
Federal Project #: CM -2057(400)
Type of Project: Locally Administered Project
DUNS® Number: 07-173-9692
Vendor Customer #: VC1000007010
U.S. CFDA #20.205: iiighway Planning & Construction
This Agreement for the locally administered federal -aid project described herein is made between the
Maine Department of Transportation, a Maine State Government agency headquartered at 24 Child
Street in Augusta, Maine ("MaineDOT,") and the Municipality of Bangor, a municipal corporation and
body politic with its administrative offices at 73 Harlow Street in Bangor, Maine ("the Municipality.")
The following attachments are incorporated into this Agreement:
0 Appendix A: Federal Funding Accountability and Transparency Act Form.
El Appendix B: Requirements for Operation and Maintenance of Traffic Signals.
WHEREAS, the project described herein was programmed for MaineDOT's 2013-2015 Work Plan by
the Bangor Area Comprehensive Transportation System (`BACTS,") the designated Metropolitan
Planning Organization for the greater Bangor area, with its administrative offices located at 12 Acme
Road, Suite 102, in Brewer, Maine; and
WHEREAS, this Agreement sets out requirements for the Project and terms and conditions of the
funding for the Project, as programmed by BACTS and approved by MaineDOT.
NOW, in consideration of the foregoing, MaineDOT and the Municipality agree as follows:
ARTICLE 1. PROJECT OVERVIEW
A. SCOPE OF WORK. Design, construction, and construction engineering work for a complete traffic
signal upgrade and pedestrian safety improvements at the intersection of Ohio Street and Hammond
Street, to be performed by or for the Municipality and accepted by MaineDOT ("the Project.")
Any change shall require written approval from BACTS and MaineDOT.
B. FUNDING. MaineDOT and the Municipality will share in the funding of the Project at the rates
described in Article III, Paragraphs A and B, up to Two Hundred Eighty -Two Thousand Three
Hundred Fifty -One Dollars ($282,351.) Project costs eligible for federal and state funding shall not
exceed this total amount without the written approval of BACTS and MaineDOT.
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C. ROLE OF MUNICIPALITY. The Municipality shall take the lead in developing the Project and
shall assign a certified Local Project Administrator to oversee all local responsibilities. This person
shall be responsible for the Project at all times and shall follow the procedures described in the most
recent version of MaineDOT's Local Project Administration Manual.
D. ROLE OF MAINEDOT. MaineDOT will assign a Project Manager to advise, review and approve
for the State. This person or his/her designee will have the authority to approve or deny
reimbursement requests; review and require revision of plans and specifications; inspect, reject and
stop work; and take all other action necessary to ensure proper performance of this Agreement.
ARTICLE II. PROJECT DEVELOPMENT
A. AUTHORIZATION. The Municipality shall receive Notice to Proceed from MaineDOT before
starting any work on the Project. Any municipal costs incurred before such Notice shall be ineligible
for reimbursement. Any such ineligible costs shall not be credited toward the Municipality's match.
B. BUDGET AND SCHEDULE. Upon receiving Notice to Proceed, the Local Project Administrator
shall review with the MaineDOT Project Manager the scope of work, budget, schedule and
requirements for the Project. Within sixty (60) days of receiving such Notice, the Municipality shall
provide MaineDOT with the following:
1. Milestones and dates to set a baseline schedule and measure the Municipality's progress.
2. An updated line -item budget.
C. PROGRESS REPORTS. The Municipality shall provide the MaineDOT Project Manager with
monthly progress updates, in accordance with MaineDOT's Consultant General Conditions.
D. CONSULTANT SERVICES. The Municipality may contract for engineering services as necessary
to develop and oversee the Project, as follows:
1. Qualifications -based selection shall be used, pursuant to federal regulation 23 CFR, Part 172.
Price shall not be a factor in the evaluation or ranking of any consultant.
2. The Municipality shall develop an independent estimate, in accordance with 23 CFR, Part
172.7(v). Said estimate shall be the basis for negotiations with the highest qualified consultant
toward a fair and reasonable price.
3. The Municipality shall incorporate the terms and conditions from the latest version of
MaineDOT's Consultant General Conditions — including Federal Form FHWA-1273 — when
executing all contracts for consultants who will be performing work pursuant to this Agreement.
4. No contract shall be awarded without the approval of MaineDOT. Upon such approval, the
Municipality shall monitor all work performed under any such contract.
5. Contract modifications shall be approved by MaineDOT before execution. MaineDOT reserves
the right not to participate in any modification executed without such approval.
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E. DESIGN. The Municipality or its consultant shall prepare all design plans, specifications, estimates
and contract documents for the Project — in accordance with MaineDOT's standards and procedures.
The Municipality shall obtain MaineDOT's approval of all design plans, specifications, estimates
and contract documents before requesting authorization to advertise for construction bids.
F. PUBLIC PARTICIPATION. The Municipality shall encourage and provide opportunity for public
participation in the development of the project. The required Public Process Certification (Letter 16)
shall be provided with the final Plans, Specifications & Estimate (PS&E) package.
G. UTILITIES. Plans and specifications shall conform to MaineDOT Utility Accommodation Policy.
The Municipality or its consultant shall coordinate all matters regarding utilities, prepare all
documentation, and submit such documentation to MaineDOT with a required Utility Certification
(Letter 13) before requesting authorization to advertise the Project.
H. ENVIRONMENTAL PROCESS. The Municipality or its consultant 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.
I. PERMITS. The Municipality or its consultant shall obtain all approvals, permits and licenses
necessary to construct the Project. Copies shall be provided to MaineDOT with an Environmental
Certification (Letter 12) before the Municipality requests authorization to advertise the Project.
J. RIGHT OF WAY. If applicable, acquisition of all property rights necessary to construct and
maintain the Project shall be handled as follows:
1. MaineDOT will be responsible for acquiring all necessary rights if the State of Maine will hold
title to such rights. In such an event, the Parties will determine at Project kickoff whether
MaineDOT or the Municipality will be responsible for coordinating the development of final
right-of-way plans for the Project. MaineDOT will be responsible for title examinations,
property appraisal services, appraisal reviews, negotiations with property owners,
acquisition/condemnation, and certification that all necessary rights have been acquired.
2. The Municipality shall be responsible for acquiring necessary rights on local roads otherwise
not classified as state or state -aid highways. In such an event, the Municipality shall follow the
Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (49 CFR, Part 24).
The Municipality shall certify in writing to MaineDOT that it has acquired all property rights
before requesting authorization to advertise the Project for construction.
K. ADVERTISE AND AWARD. The Municipality shall obtain MaineDOT's authorization before
advertising the Project for construction. After receiving authorization, the Municipality shall follow
the process outlined below:
1. The Municipality shall solicit bids in accordance with the plans and specifications that
MaineDOT has approved.
2. The Municipality shall follow federal and state procurement policies and procedures, as
applicable, unless otherwise approved by MaineDOT.
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3. The Municipality and MaineDOT may accept or reject all bids.
4. The Municipality shall not award a contract without MaineDOT's approval.
5. The contract must specify that the Project comply with MaineDOT's Standard Specifications
(December 2002) and applicable special provisions.
6. Federal Form FHWA-1273 shall be physically incorporated into the construction contract.
7. Upon award, the Municipality shall hold a preconstruction meeting with MaineDOT, the
contractor, and all utilities and other parties involved in the construction process.
L. FORCE ACCOUNT. If the Municipality intends to construct the Project with its municipal work
force or to furnish any materials to be used on the Project, the Municipality shall provide
MaineDOT with a Public Interest Finding and obtain MaineDOT's authorization before starting
work. If so authorized to use a "Force Account" process, the Municipality shall comply with the
applicable regulations - 23 CFR, Parts 635.201 to 635.205.
M. CONSTRUCTION. The Municipality shall administer any construction contract and provide the
supervision, inspection and documentation needed to ensure that the Project is completed to
MaineDOT's satisfaction in accordance with the plans, specifications and provisions of the contract,
as follows:
1. The Municipality shall use procedures acceptable to MaineDOT to document the quantity and
quality of all construction -related work. The Municipality shall provide monthly progress
reports and shall retain all documentation as provided under Article VI.A.
2. The Municipality shall provide for all materials testing necessary to comply with federal
regulation 23 CFR, Part 637, "Quality Assurance Procedures for Construction."
3. Any contract modification (change order) shall be approved by MaineDOT before it is executed.
MaineDOT reserves the right not to participate in any such change executed without approval.
4. Traffic in work zones shall be controlled in accordance with Part VI of the federal Manual on
Uniform Traffic Control Devices for Streets and Highways (MUTCD).
5. Within 90 days of completion of construction, the Municipality shall provide MaineDOT with
"as -built" plans on Mylar or other acceptable archival -quality material.
6. Upon completion, the Municipality shall provide compliance certification that the Project was
constructed, quantities were measured and documented, and materials were tested in accordance
with the plans, specifications and provisions of the construction contract, and in accordance with
the policies and procedures approved by MaineDOT.
N. INSPECTION. MaineDOT may inspect construction activities and documentation - and test any
materials used - to ensure compliance with the construction contract. MaineDOT may reject any
work or materials not in such compliance. MaineDOT reserves the right not to reimburse the
Municipality for any work or materials found to be not in such compliance.
O. MAINTENANCE. Upon completion, the Municipality shall operate and maintain the improvements
in accordance with the terms of Appendix B, "Operation and Maintenance of Traffic Signals."
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ARTICLE III. COST-SHARING & REIMBURSEMENT
A. MAINEDOT SHARE. MaineDOT, using federal and state funds programmed by BACTS, will
reimburse the Municipality for ninety percent (90%) of actual Project costs eligible for such
funding, not to exceed Two Hundred Fifty -Four Thousand One Hundred Fifteen Dollars and Ninety
Cents ($254,115.90, or 90% of $282,351.)
B. MUNICIPALITY SHARE. The Municipality shall be responsible for ten percent (10%) of actual
Project costs eligible for federal and state funding, including its share of such costs incurred by
MaineDOT as described in Paragraph C of this Article III. Accordingly, the Municipality's share is
approximately Forty -Three Thousand Two Hundred Five Dollars and Eighty Cents ($28,235.10 or
10% of $282,351.) The Municipality also shall be responsible for the following:
1. All Project costs deemed ineligible for federal and state funding; and
2. All Project costs exceeding the maximum amount reimbursable to the Municipality, as stated in
Article III.A above, unless otherwise approved in writing by BACTS and MaineDOT.
C. MAINEDOT COSTS. All costs incurred by MaineDOT staff in the development and oversight of
the Project shall be accounted for with Project funds, including but not limited to design reviews,
environmental support, right-of-way support, and construction engineering. These costs will be
reconciled upon Project completion and deducted from the Municipality's final billing.
D. REIMBURSEMENT. MaineDOT will reimburse the Municipality for the federal and state shares
of eligible costs described in Paragraph A above. The Municipality shall bill MaineDOT no more
frequently than monthly for such costs, which are incurred whenever work is performed, goods and
services are received, or a cash payment is made. All bills are subject to the following conditions:
1. Claims shall be submitted on the Municipality billhead and reference WIN 020574.00.
2. Each invoice must be accompanied by a progress ss report, as described in Article II.C.
3. Each invoice shall contain an itemized account of expenditures consistent with the approved
Project budget. Backup documentation and proof of payment made must accompany each
invoice.
4. Each invoice must have an accumulative total by budget line item and a breakdown of
MaineDOT's and Municipality's shares of total costs.
5. Each claim shall include a certification from the Municipality's Local Project Administrator that
all amounts claimed are correct, due and not claimed previously, and that all applicable work
was performed in accordance with the terms of this Agreement.
6. Any claim for less than one thousand dollars ($1,000) shall be deferred until the next regular
billing period in which at least one thousand dollars ($1,000) is incurred or until a final invoice is
submitted for reimbursement.
E. REPAYMENT. MaineDOT reserves the right to require repayment of reimbursements to the
Municipality, if the Municipality takes action without approval from MaineDOT resulting in the
loss of eligibility for federal funding — including but not limited to withdrawing from the Project,
suspending or delaying work, or making acts of commission or omission.
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1. Additionally, the MaineDOT reserves the right to require repayment of all reimbursements for
preliminary engineering and right-of-way costs, if construction has not started by the close of the
tenth fiscal year after federal funds for the Project were authorized.
2. MaineDOT shall have all of its common law, equitable and statutory rights of set-off to recover
any payment to the Municipality for any activity that is subsequently deemed ineligible for
federal funding, including but not limited to withholding any money owed to the Municipality
under this Agreement and any other agreement with MaineDOT or other State agency.
F. REMAINING FUNDS. Once MaineDOT has paid the Municipality's final claim for
reimbursement or otherwise closed out the Project, any remaining federal and state funds shall go
back to BACTS for reprogramming.
ARTICLE IV. NON -APPROPRIATION
A. Notwithstanding any other provision of this Agreement, MaineDOT shall be released from its
obligation to make payment toward the Project - and will terminate this Agreement upon thirty (30)
days' written notice to the Municipality - if any of the following occurs:
1. MaineDOT or BACTS does not receive adequate funds to support the Project; or
2. Funds otherwise programmed for the Project are de -appropriated; or
3. MaineDOT does not receive the authority to expend funds programmed for the Project.
ARTICLE V. TERMINATION
A. FOR CAUSE. MaineDOT reserves the right to terminate the payment provisions of Article III in the
event of substantial default by the Municipality, defined as one or more of the following:
1. Failure to show satisfactory progress - as determined by the MaineDOT Project Manager -
within twelve (12) months of being given notice to proceed;
2. Use of Project funds for a purpose other than what is authorized by this Agreement;
3. Misrepresentation or falsification of any claim submitted for reimbursement;
4. Failure to monitor adequately the quality of materials used and work performed by any
consultant or contractor, resulting in significant errors, omissions or negligence;
5. Breach of any material provision(s) of this Agreement.
B. MaineDOT will notify the Municipality within five (5) days of learning of an event leading to a
claim of substantial default. If the Municipality fails to take corrective action within fifteen (15)
days of receiving notification of MaineDOT's dissatisfaction, MaineDOT may terminate this
Agreement upon written notice to the Municipality.
1. Upon receiving written notice of termination, the Municipality and all consultants and
contractors associated with the Project shall cease work immediately - except for any work
required to protect public health and safety - and turn over to MaineDOT all Project records and
documentation within thirty (30) days of the effective date of such termination.
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2. In the event of termination for substantial default by the Municipality, reimbursement to the
Municipality shall be limited to payment for acceptable work or service accomplished under this
Agreement until the effective date of such termination.
3. If substantial default occurs, MaineDOT reserves the right to recover from the Municipality all
funds reimbursed for Project -related work, in accordance with Article III.E.
C. FOR CONVENIENCE. MaineDOT may terminate this Agreement for any reason upon written
notice to the Municipality, and in no event shall such action be deemed a breach of contract. If the
reason for termination is other than for failure by the Municipality as set forth in Article V.A above,
the Municipality shall receive a written thirty (30) day notice and shall be reimbursed for all
acceptable work or services accomplished under this Agreement up until the effective date of such
termination.
ARTICLE VI. RECORDS RETENTION, ACCESS & AUDIT
A. Retention. Project records are plans, reports, notes, papers or other tangible work arising from this
Agreement. All such printed and electronic records prepared by or for the Municipality shall be
retained for four (4) years from the date of MaineDOT's acceptance of the Municipality's final
claim for reimbursement, except as otherwise provided below:
1. If any litigation, claim, negotiation, audit or other action involving such records has begun before
the expiration of four (4) year period, then all records shall be retained at least until all action and
resolution of all issues arising from it are complete.
B. Access. The Municipality and all consultants and contractors working on its behalf shall allow
authorized representatives of the State of Maine and the Federal Government to inspect and audit
Project documents. Copies of requested documents shall be furnished at no cost.
C. Audit. Audits shall meet the "Generally Accepted Government Auditing Standards."
ARTICLE VII. GENERAL PROVISIONS
A. Observance of Law. All activities conducted pursuant to this Agreement shall comply with
applicable laws and regulations, including but not limited to the following: Title 23 in the United
States Code (USC); Title 23 in the U.S. Code of Federal Regulations (CFR); and 49 CFR Part 18,
"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments."
B. Indemnification. To the extent permitted by law, the Municipality shall indemnify, defend and hold
harmless MaineDOT, its officers, agents and employees from all claims, suits or liabilities arising
from any negligent or wrongful act, error or omission by the Municipality, its officials, employees,
agents, consultants and 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. Section 8101 et. seq.)
or any other privileges or immunities provided by law. This provision shall survive any termination
or expiration of this Agreement.
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C. Confidentiality. Information pertaining to right-of-way negotiations, property appraisals and
engineering estimates of construction costs shall be kept confidential in accordance with the
provisions of Maine State law (23 MRSA, Section 63.)
D. Equal Employment Opportunity. The Municipality shall meet applicable equal employment
opportunity requirements as follows:
1. The Municipality 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 or physical handicap unless related to a bona fide occupational
qualification. The Municipality 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 physical handicap during any period of employment
under this Agreement. Such action shall include, but not be limited to: employment, upgrading,
demotions, transfers, recruitment, layoffs or terminations, rates of pay or other forms of
compensation and selection for all forms of training and apprenticeships. The Municipality shall
post prominently in places readily available to all employees and applicants for such
employment under this Agreement notices setting forth the provisions of this paragraph.
2. In all solicitations or advertising for employees relating to work done under this Agreement, the
Municipality shall state that all qualified applicants shall receive consideration for employment
regardless of race, color, religious creed, sex, national origin, ancestry, age or physical handicap.
3. The Municipality shall send to each representative of any of its employees covered by a
collective-bargaining agreement — or any other contract or understanding under which labor or
services are to be furnished under this Agreement — a notice advising of the Municipality's
commitment under this Article and shall post copies prominently in places readily available to all
such employees and applicants for employment.
4. The Municipality shall include all of the foregoing equal employment opportunity provisions
under this Article in any contract for services or work for the Project so that such provisions are
binding upon each consultant — with the exception of any contract for the purchase of standard
commercial supplies or raw materials. To the maximum extent feasible, the Municipality or any
of its consultants shall list all suitable employment openings with the Maine Job Service. This
provision shall not apply to employment openings that the Municipality or any of its consultants
propose to fill from within their own organization.
E. Flow Down. All contracts between the Municipality and any consultant, contractor or other third
party shall contain or incorporate by reference all applicable provisions of this Agreement.
F. Independent Capacity. When carrying out the provisions of this Agreement, the Municipality, its
employees, agents, representatives, consultants and contractors shall not act as officers, employees
or agents of MaineDOT.
G. No Assignment Without Approval. The Municipality shall not sublet, sell, transfer, assign or
otherwise dispose of this Agreement or any portion of it without the consent of MaineDOT. In no
case shall all such action release the Municipality from liability under this Agreement.
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H. Other Considerations. The Municipality and MaineDOT ("the Parties") further agree that:
1. Neither the Municipality nor MaineDOT shall be bound by any previous statement,
correspondence, agreement or representation not expressly contained herein.
2. This Agreement is made and shall be construed under the laws of the State of Maine.
3. If any clause, section or provision is held to be invalid or unenforceable, that shall not affect the
entire agreement. The Parties shall negotiate a new clause, section or provision.
ARTICLE VIII. EXPIRATION
A. All provisions of this Agreement - except for Article VI.A (records), Article VII.B (indemnification)
and Article VII.0 (confidentiality) - shall expire not later than four (4) years from the final day of
the month in which the undersigned MaineDOT representative executed this Agreement, unless
otherwise modified in writing by the Parties to this Agreement. Articles VII.B-C shall remain
effective indefinitely or until specifically terminated in writing by the Parties to this Agreement or
negated by law.
ARTICLE IX. APPROVAL
A. Debarment. By signing this Agreement, the Municipality certifies - to the best of its knowledge and
belief - that it and its employees, agents and/or representatives associated with the Project:
1. Are not now debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in this transaction by any federal or state agency;
2. Have not within the previous three (3) years been criminally convicted or had a civil judgment
rendered against them - and are not now criminally or civilly charged - in connection with any
of the following:
• Obtaining, attempting to obtain, or performing a public (federal, state or local)
transaction or contract under a public transaction; or
Violating federal or state antitrust statutes or committing embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property.
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.
B. If the Municipality is unable to certify to any of the preceding statements in this Article IX, the
Municipality shall attach an explanation to this Agreement.
C. The Municipality agrees that it will not hire a consultant or contractor who is now debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any federal or state agency.
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D. Municipal authorization. The undersigned municipal representative assures that the City Council of
Bangor, Maine, has approved the Project and the Municipality's entry into this Agreement, has
appropriated or authorized the use of any necessary funds, and has authorized the representative to
sign this Agreement.
IN WITNESS WHEREOF, MaineDOT and the Municipality have executed this Agreement effective
on the date last signed.
Municipality of Bangor
Lo
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 signature above is true and accurate. I further certify that the signature, if electronic: (a)
is intended to have the same force as a manual signature; (b) is unique to myself; (c) is capable of
verification; and (d) is under the sole of myself.
NOTE: ANADDITIONAL MUNICIPAL SIGNATURE IS REQUIRED ONAPPENDIXA 4
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APPENDIX A TO A LOCALLY ADMINISTERED PROJECT AGREEMENT:
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
The Municipality of Bangor, Maine and its contractors may be subject to the provisions of the Federal
Funding Accountability and Transparency Act ("FFATA") of 2006 as amended and any regulations,
policies, procedures and guidance documents adopted pursuant thereto or in connection therewith.
If the Federal portion of the Project exceeds $25,000, an authorized representative from the
Municipality shall sign this document under (B) below and return it with the Project Agreement.
Additionally, the Municipality shall provide the following information, if applicable:
A) The total compensation and names of the top five executives if:
• More than 80% of the City's annual gross revenues are from the 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):
Municipality of Bangor, Maine 08-6886-173
Sign and Print Legal CCR Name DUNS Number
Authorized Representative:
Catherine M. Conlow, City Manager
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APPENDIX B TO A LOCALLY ADMINISTERED PROJECT AGREEMENT:
OPERATION & MAINTANCE OF TRAFFIC SIGNALS
A. The Municipality 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:
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 Municipality 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 Municipality 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 Municipality 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.
Municipality of Bangor — Agreement for WIN 020574.00 Page 12 of 12