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HomeMy WebLinkAbout2011-06-13 11-180 ORDERItem No. so Date: June 13. 2011 Item/Subject: ORDER, Approving Various Maim Department of Transportation local Project - Agreements Responsible Department Engineering Commentary: The City Manager is authonzetl m execute Local Project Agreement with the Maine Department of Transportmon as follow e 1) An Agreement with the Maine Department of Transportation- Omer Hammond Street Resurfacing, Federal Projett STP -1920(200)X, WIN 19202.00 2) An Agreement with the Maine Department of Transportation - Maine Avenue Resurfacing, Federal Project SIP -1920(300)X, WIN 19203.00 3) An Agreement with the Maine Department of TransportatIon - Stillwater Avenue Resurfacing, Federal Project STP -1920(900))(, WIN 19209.0) 4) An Agreement with the Maine Department of Transportation- Hogan Road Resurfacing, Federal Project AC3 1921(000pt, WIN 19210.00 5) An Agreement voth the Maine Department of Transportation- Griffin Road ResuRmdng, Federal Project AC -STP -1921(100)X, WIN 19211.00 6) An Agreement with the Maine Deparhnent of Transportation- Odin Road Resurfacing, Federal Project AC-STP-l921(400)X, WIN 19214.00 7) An Agreement with the Maine Depmrtment of Transporl- Unun/HammoM streets, Intersection Improvements, Federal Project AC -STP -1943(700)X, WIN 19437.00 B) An Agreement with the Maine Department of Trensportatbn -Installation of Video Ntechon System - Hogan Road, Bangor Mall Boulevard, WIN 19439.00 9) An Agreement with the Maine Department of Tmnsportation- Hogan, Haskell, and Sylvan Roads Interseton Improvements, Federal Project AC-SJP-1944(00()X, WIN 19440.00 10) An Agreement wit me Maine Department of Transportation - Install Video Detection Systems at Intersections of OoWHanmck 4., Oak/Washington St, and Washirgton/Emirwhe St. - Federal Project AC -STP - 1944(100)X, WIN 19441.00 Department Head Manager's Constants: The Local Project Agreements have been reviewed and for approval by Use Inhastructure Committee At it June 6, 2011 meeting. (Q V 4 (�-y�.r City Ma Mannager Associated Information: One Oder and 10 agreements Budget Approval - Fi er Legal Approval: Gty sofHmr _Passage CONSENT Ran Reading Page _ of _ Referred r,15 eJ� Assigned to Councilor Gratvlck dune 13, 22011 kms' CITY OF BANGOR (TITLE.) ORDER, Approving Various Maine Department of Transportation Local Project Agreements ORDERED, THAT: the City Manager Is hereby authorized and directed to execute agreements with the Maine Department of Transportation for the following: 1) An Agreement with the Maine Department of Transportation —Outer Hammond Street Resurfacing, Federal Project STP -1920(200)X, WIN 19202.00 2) An Agreement with the Maine Department of Transportation — Maine Avenue Resurfacing, Federal Project STP -1920(300)X, WIN 19203.00 3) An Agreement with the Maine Department of Transportation — Stillwater Avenue Resurfacing, Federal Project STP -1920(900)X, WIN 19209.00 4) An Agreement with the Maine Department of Transportation — Hogan Road Resurfacing, Federal Project AC -STP -1921(000)X, WIN 19210.00 5) An Agreement with the Maine Department of Transportation — Griffin Road Resurfacing, Federal Project AC -STP -1921(100)X, WIN 19211.00 6) An Agreement with the Maine Department of Transportation — Odlin Road Resurfacing, Federal Project AC -STP -1921(400)X, WIN 19214.00 7) An Agreement with the Maine Department of Transportation — Union/Hammond Streets, Intersection Improvements, Federal Project AC -STP -1943(700)X, WIN 19437.00 B) An Agreement with the Maine Department of Transportation — Installation of Video Detection System — Hogan Road, Bangor Mall Boulevard 9) An Agreement with the Maine Department of Transportation — Hagan, Haskell, and Sylvan Roads Intersection Improvements, Federal Project AC -STP -1944(000)X, WIN 19440.00 10) An Agreement with the Maine Department of Transportation - Install Video Detection Systems at Intersections of Oak/Hancock St., Oak/Washington St,, and Washington/Exchange St. - Federal Project AC -STP -1944(100)X, WIN 19441.00 Copies of agreements are attached. m clw COO m Swe 13. 2011 Passed R 11-l80 O8D6H (R a ftymioe Various tl'i Deoa�f of otj m I. c+1 Pro Acre®cuts n lge u�uadm. -9fq i SrmeAMS No.: MaineDOTTED MaiOT CSN: TEDOC No.: Project Agresmeat Between the State of Maine, Department of Transportation And the City of Bangor Federal Project STP-1920(20(pX, MaineDOT W.I.N. 19202.00 plus Agreement is made between the Maine Department of'Dansportation ('the MuineDOT), an agency of Maine State G vemmsnt with its headqua rims on Child Street in Augusta, Maine, and a mailing address of 16 Sate House Station, Augusta, Mn 04333-0016; and the City of Bangor ('rhe City"), a municipal corporation and body politic with its principal administrative offices at 93 Harlow Street, Bangor, ME 04401. WHEREAS, the project described herein was funded and selected for inclusion in the Mr meDOT W12 -M13 Biennial Capital Work Plan by the Bangor Area Comprehensive Transportation System ("the MPO"), the designated Metropolitan Planning Organization for the Bangor Urbanized Area, located at 40 Harlow Street in Bangor, Maine; and WHEREAS, Ods Agreement sets out the terms and conditions of the funding for the Project, as programmed by the MPO and approved by (be MaineDOT. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows ARTICLE 1. DEFINITIONS When used within this Agreement, the terms listed below shall be defined as follows: • Protect: Resurfacing of a portion of Outer Hammond Street, beginning at Hormonal Streit Extension and extending westerly for 033 of a mile to the Henson Town Lim ("me Project.") The work shall consist of a mill -and -fill of the travel lanes, plus drainage improvements and paving of the shoulders, to be performed by or for the City and accepted by the MaineDOT. • Emiect Coordinator The person designated by the City to oversee all local responsibilities. This person is the municipal liaison with the MmneDOT. • Project Manager The person designated by the MaineDOT o oversee an State responsibilities. This person is the Sate liaison with the City. A. AUTHORIZATIONS. The City must receive authorization from the MaineDOTbefore performing work m procuring services under this Agreement. Any municipal costs incurred before such approval is granted shall be ineligible for reimbursement. Additionally: City ofBangmr- Local ProijectAgreemena Page l of Outer Hammond Street- WIN. 19202.00 1. Changes m the Project scope or objectives shall require written approval tram the MPO and MaineDOT. 2. The City shall not change any terms of this Agreement without written approval from the MameDOT. B. BUDGET.Total federally participating Project funding— as programmed by Bre MPO—is Three Homed Ninety -Two Thousand Three HuMred Ni emm Dollars($392,319), and the City shall prepare a lima -item budget for the MameDOT's approval. 1. Once the Maioel)OT approves the budget, expenditures may not exceed any single cost category or line -item amount by more than ten percent (10%) without the MeincDOT'S approval, through a change or extra -work order. 2. Tocol federally participating costs shall not exceed ted amount shown above (Paragraph B) widusat written approval from the MPO and the MaioeDOT. C. WORK PLAN. The City shall submit, for Maine approval, a work plan and schedule bratty describing how and when it intends to proceed with me Project work D. CONSULTANT SERVICES. The City may hire a consultantnecessary to perform engineering and design services, as follows; 1. Aquagficedons-bsedselectlonpmcessshagbeused; 2. No contract shall be awarded without the approval 4 the MahmDOT; and 3. The most recent version of MaineDOT's Consultant General Condirons shag govern all non,construction work. E. PLANS, SPECHFICATIONS, AND ESTINIATES. The City or its constituent shall prepare all plans, specifications, estimates, and contract documents, as follows: 1. Documents shag conform to applicable sections of the Mm eIM Standard Specifications and MairmDOT Standard Details, both form December 2002, 2. All such dominants shall be submitted the MnioeDOT for review and approval before the City requests immunization to solicit bids for construction. F. UTILIMS. Plans and specifications shall comply with the MameDOT's Utility Accommodation Policy (17-229 CMR Chapter 210.) The City or its consultant shall commare all =gets regarding utilities, prepare all documentation, and submit such documentation to the MaineDOTf review before requesting authorization in solicit bids for constmctlov. G. The City or its consultant shall obtain au approvals, permits and licenses necessary to construct me Project Copies of each shall be provided to the Project Manager. H. ENVIRONMENTAL PROCESS. The City or its consultant shall prepare and submit an me MalneDOT for review all required environmental studies and reports. The MoWeDOT, in tum, shag submit to the Fedemt Highway Administration all documentation required under the Nonoil Envirorunerual Policy Act. Gry Of Bangor- Local Pmdec[Agreement Paget f9 Outer Hammond Street. W. LN. 19202.00 7.80 1. The City shall provide far any public participation in the development of the Project and amity the MPO and MaineDOT Project Manager of any public meetings. I PROPERTY ACQUISITION. If the Project requires acquisition of property, the MelueDOT shall acquire all such property rights. K. ADVERTISE AND AWARD. Afkr recciving approval from the MeineDOT, the City sbaB either solicit for competitive bids or utilize a "Force Account" process to construct the project, as described in Paragraph Lbelow. Ha contractor is NreA by competitive bid, the City shall follow the process outlined below: 1. Bids shall be solicited in accordance with the Plans and specifications that the MaineDOT has approved. 2. The City shall follow State and Federal procurement policies and procedures, unless otherwise approved in writing by the MaumDOT. 3. The City and the MahreD may accept or reject any and all bids. 4. The City shall not award a construction contract without the MaineDOT's written approval. 5. The contract shall specify that the Project comply with the MeineDOT's Standard Specificarorw (December 20(2) and applicable special provisions. 6. Upon award the City shall hold a i ecmmtmction mating involving the MaineDOT'3 Project Manager, the contractor, and all utilities and other parties involved in the construction. L. FORCE ACCOUNT.If the City wishes to construct the Project with municipal forces, the City first most obtainr�ren approval form the MaineDOT. If authorized to use a"Force Account" process, the City shall comply with applicable Federal regulations —23 CFR, Parts 635.201 to 635.205. M. CONSTRUCTION. The City shall administer any construction contract and provide the supervision, inspection and documentation necessary to ensure that the Project is completed to the MaircDOT's satisfaction in accordance with the plans, specifications and porvisions of the contract, as follows: 1. TheCity's Project Commitment or qualified designee shall be responsible for the Pmject at all times. 2. The City shall use procedures acceptable to the MajoaDOT to document the quenfity and quafity, of all construction -related work performed under this Agreement. a. The City shall provide the MaineDOT with weekiv progress reports. b. All documentation shall be retained as provided under Article W. 3. The City shall provide for all materials testing required for the Project. 4. Traffic in work coves shall be controlled in accordance with Pan VI of the Federal Highway Administration's Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). City ofBangor-Local ProjectAgreemene Poge3of9 Outer Hammond Street - W.LN. 19202.00 '.90 5. Upon completion, the City shall provide the MaineDOT with a set of"as-built"plans on Mylar or equivalent mchivabquality material acceptable to the MArmDOT. 6. Upon completion, the City shall certify dust the Proper was constambal, 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 the MaineDOT. N. INSPECTION. The MaineDOT may inspect construction activities and documentation — and test any macenals used — to ensure compliance with the construction contract. The MeineDOT may reject any work or materials not in such compliance. A. MAINEDOT SHARE. The MaineDOT— using funds programmed by the MPO—shall be responsible for ninety percent (90%) of federally eligible Project costs, or Three Hundred Fifty -Three Thousand Eighty Seven Dollars and Ten Cents ($353,08].10, or 90% of $392,319). For auditing purposes, the MaineDOT's share shall consist of the following: • Federal funding— $ 313,855.20, or 80%of$392,319. • Smte funding —$ 39,231.90, or 10% of $392,319. B. CITY SHARE. The City shall be responsible for ten percent (10%) of eligible project costs, indualiny icosts incurred by the MaineDOT as described in Paragraph C below. Under this Agreement, the City's matching share is Nineteen Thousand Two Dollars and Fifty Cents ($39,23190, in 10% of $392,319.) 1. The City also shall be responsible for all costs deemed ineligible for Federal participation and all casts exceeding Three Hundred Ninety -'Iwo Thousand Three Hundred Nineteen Dooms ($392,339) unless otherwise approved in writing by the MaineDOT and the MPO. C. MAIINHMT COSTS. All costs incurred by MaineDOT personnel in the development and oversight ofthe Project shell be accounted for with ltoject funds. Such costs may include, but are not limited to: preliminary engineering, survey, environmental support, right -of -wary support, final design reviews, construction engineering, and audit. D. REIMBURSEMENT. The MeineDOT shall minabouse the City for the Federal and State shares of eligible Project costs, as set forth in Paragraph A. t. The City shall bill the MaineDOT no more frequently than nmmNy, as follows: • Claims shall be submitted on the City's billhead and reference W.I.N. 19202.00. • Bach invoice shall contain an itemized account of expenditures consistent with the line -item budget required in Article E.B. Backup documentation and proof of payments made most accompany each invoice. • Each invoice shall have an mammilafive udd by cost category or budget tine item, and a breakdown of the hhuneDOT's and City's shares of rom1 costs. • Each claim shall include a smtement from the Project Coordamon raft alt amounts claimed are torted, due and not claimed previously, and that all applicable work was performed in accordance with the terms of this Agreement City of Bangor- Local Project Agreement Page4of9 OuterloammondStreet- W.LN 3920200 '80 2. If less than One Thousand Dollms ($1,000) in reimbursable costs is incurred, the City sha8 defer any such claim until the next monthly billing period in which at least One Thousand Dollars ($1,000) in such costs is incurred or until City submits its final claim. E. The MaiveDOT reserves the right m recover any payment to the City for any action or activity that subsequently becomes ineligible for Federal facing. The MmwDOT also shall have the remedy of withholding Project -related reimbursements to the City. F. The MaWeDOT may recover any payment found to have arisen from more, omissions or failures by the City to rate[ professional standards of construction engineering and inspection, through reductions in future reimbursements or by ivy other legal means. The MaineDOT shall promptly notify the City of any such claim and give the City fall opportunity to defend itself. If it is later determined that ivy such reduction was made erroneously, the MaineDOT shall Fearfully May any amount m reduced. G. Once the MaineDOT has paid the City's final claim or otherwise closed out the Project, any remaining Federal and State funds in the Project shall go back to Ne MPO fa reprogramming. ARTICLE W. NON -APPROPRIATION A Notwithstanding any ether provision of Nis Agreement, the MaineflOT shall be released from its obligation to make payment award the project- and shall terminate this Agreement upon thirty (30) days' written orders to the City -if either of the following occurs: 1. The MPO or the MaineDtTF does not receive adequate funds to support the PrajecS or 2. Funds otherwise programmed for this Project are de -appropriated. A. The MakwDOT reserves the right in terminate the payment provisions of Article m in the event of subsmruial default by the City, which is defined as: L Failure to show smisfactory progress, as demradned by the Mai ssDOT Project Manager, within 18 months of being given authorization to pr"erL. 2. Use of project Ponds for a purpose other than what is authorized by this Agreement; 3. Misrepresentation or falsificarion of ivy claims submitted by the City fm reimbursement; 4. Failure to monitor adequately the quality of work and/" materials; 5. Breach of ivy rnuterial provisions of this Agreement. B. The MaineDOT shall amity the City in writing within five (5) days of lesming of an event leading to a claim of substantial default. If the City fails to take corrective action within fifteen (15) days of receiving notification, the MainaDOT may Wormhole this Agreement upon written notice to the City. 1. Upon receipt of such notice, the City and all consultants and contractors revered bythis Agreement shall immediately cease work - except for any work required to protect public health and safety - andtum over to the MakeDOT all Fmject records and documentation within thirty (30) days of the effective data of such termination. City ofBaggor- bacui Protect Agreement Page 5 of OuterHammond Street -WtN. 19202.00 A. All printed and electronic Project records made by the City or its consulmnt(s) shall be filed with the MaineDOT upon completion of the work covered under this Agreement. B. The City and its consultant(s) shall maintain all books, documents, papers, accounting records and other evidence of costs iucurrM hereunder for five (5) years from the data of final reimbursement. If any litigation, claim, negotiation, audit or other action involving the records Us been stattM before the expiration of the 5 -year period, the records must be reumed! until completion of the action and resolution of all issues arising from it. C. The City and its consultant(s) shall allow authorized representatives of Ne Sarre of Maine aha the Federal Government to inspect and audit pertinent Project documents. Copies of requested documents shall he furnished at no cost. D. The City shell keep records in accordance with 48 CFR, Part 31, "Contract Coat Pfinciples and Procedures," and 49 CFR, Part 18, "Uniform Administrative Requirements for Grams and Cooperative Agreements to State and Local Governments." E. Audits shall meetthe'Gemnally Accepted Govemmeat Auditing Standards"(GAGAS). ARTICLE VB. GENERAL PROVISIONS A. Laws and m u�. ALL activities conducted pumumt to this Agreement shall comply with applicable laws and regulations, including but not limited to the following: Title 23 m the United States Code (USC) for memory law and Thle 23 in ire Code of Federal Regulations (CFR) for administrative law. B. IndeoeMent canacity. When carrying out the provisions of this Agreement, the City, its employees, contractors, consultants and/or agents are not acting m employees or agents of the MaineDOT. C. hdwrdfication. To the extent penmuxl by law, the City shall indemnify and hold harmless she MaineDOT, its agents and employees from all claims, suits or liabilities arising from any mgligent or wrongful act, error or omission by the City, its consultants or contractors. Nothing herein shall waive my defense immunity or lirnitomm of liability that may be available under the Maim Tort Claims Act (14 M.R.S. Section 8101 et seq.) or my other privileges or immunities provided by law. 1. Thlsprovislan shall survive a" termination or expiration ofthis Agreement. It shall Twain effective untB speeificaRy termu ed or modified in writing by the parties to this Agreement or negated by law. D. Rowes down All contracts between the City and any consultand, contractor a other thind pray shall contain or incorporate by reference all applicable previsions of this Agreement. MyofBanBar- Local ProlexaAgramunt Page6cf9 Outer Hammond Street - WIN. 19202.00 i 180 E. Eaunl Emnlovilmt O000rtunity(EEO). The City shall comply with applicable EEO requirements: 1. The City and its consultants) shall not discriminate against any employee or applicant her employment regarding work abler this Agreement because of race, color, religious cretd, sex, national origin, ancestry, age or physical handicap unless reboxi to a bona fide occupational qualification. The City shall take affimmtive action m emorm that all such qualified applicants are employed and that all such employees are treated without regard to their race, color, religious creed, sex, national on&, 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, recmiberM layoffs or terammms, rates of pay or other forms of compensation, and selection for training and apprenticesldps. The City shall post prominently in places readily available mall employees and applicants for such employment notices setting fano the provisions of this paragraph. 2. is all solicitations for employees placed by or fa the City fm work undertaken pursuant to Us Agrearnoq the City shall state that all qualified applicants shall be considered regardless of race, color, religious creed, sex, national origin, ancestry, age or physical handicap. 3. The City shall cause all of the foregoing equal employment opportunity provisions to be included in any contract for services or work under [bis Agreement so that the provisions are binding upon each consultant—except for any connect for the purchase or supply of standard commercial supplies or raw materials. 4. The City, its contractors and consultants shall list all employment opportunities arising out of or attributable to Ne Project with the Maine lob Service, except for openings to be filled with personnel already employed within those organizations before the effxtive data hereof end not hired in anticipmian hereof. F. 1Lil rd-omty transference. The City shall not sublet, sell, transfer, assign or otherwise dispose of Nis Agreevwvt or any portion of it without the written consent of the MalmDOT. No such disposal of Us Agreement shelf in my case release or relieve the City from any liability. G. The Parma fuller acknowledge and agree that: 1. Neither the City nor the MaineDO'1' shall be bound by my previous statement, correspondence, agreement or representation not expressly contained humin. 2. This Agreement is made and shall be construed under the laws of the Sante of Maine. 3. Ranyclause,section orprovision is held OW invandormenforceable, that shallnotaffett the entire Agreement and the Parties shall negotiate a new clause, section or provision. ARTICLE VDL TERMS All provisions of Us Agreement — except for Article VLR (records) and Article VE.0 (indemnification) — shall expire no more than four (4) years from the date of MaineDOT's signature, unless otherwise modified by the partes to this Agreement. Cry ofBangor- Local Pmjec[Agreement PWe7mf9 Outer Hammond Server- WLN 19202.00 ARTICLE Q. APPROVAL A. Debarment. By signing this Agreementthe City certifies- to the best of its knowledge and belief -that it and its employees, agents and/or representatives associated with the Project: L Are art now debarred, suspended, Proposed for debarment. declared ineligible, or voluntarily excluded from eligible in this transaction by any Federal or State agency; 2. Have not within the previous dree (3) years been criminally convicted or had a civil judgment rendered against them- and are not vow criminally or civilly charged - in connection with any of the following: a. Obtaining, attempting in about, or perforating a public (Federal, State or local) transaction or contract under a public transaction; or b. Violating Fedaa Smteaufiwtstamtesorcommissionofembeazl==Lffieft, forgery, bribery, falsification or denotation of records, making false statements, or receiving stolen property. 3. Have not within a 3 -year period preceding this agreement bad one or more public transactions (Federal. Sam or local) reoriented for cause or defavit. B. Ifthe City is unable to certify to any of the preceding statements in this Article M, the City shall attach an explanation to this Agreement. C. The City agrees that it will net 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. D. Municipal authorization. The City represents that its legislative body has taken all steps necessary and lawful to approve the Project and the City's entry into Ws Agreement has appropriated or authorized the use Jany necessary funds in connection with said City's participation herein and any financial obligations incurred hereby, and has border authorized the undersigned Municipal representative(s) to execute this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement effective on the date best signed CitydBANGOR STATE OF MAINE Department of Transportation By: By: Catherine M. Conlow, City Manager Joyce Neel Taylor, Director, Bureau of Project Development Date: Date: O'ry ofBangor- Local ProfectAgneement Page 8 of Outer Hammond Streeo W.I.N.19202.00 180 APPENDIX A: FEDERAL FUNDING ACCOUNTABR.TCY AND TRANSPARENCY ACT Tine City ofEmitter and its Wvnactors may be subject to the provisions of Ne Federal Funding Accountability and Transparency Act ("FFATXof 2006 as amended and my regulations, policies, procedures and guidance documents adopted pursuant thereto or in connection therewith. Because Ne Federal portion of the Project exceeds$ 25,000, the City ghWl' this deanument order Paragraph (5) and room it with the Ponied Aervemetat. The City also shall provide the following information, if applicable: A) The total compensation and names of the rap five executives if: • Momthan 80% oftheCity's annual grossrevenues are from Ne Federal Government and • Those revenues are geatet Bmn $25 million ennually;aM • Compensation information is not already available throngb reporting to the U.S. Securities and Exchange Commission (SEC). B) The Legal Name and DUNS® Number on File with the federal Central Centmetm Registadon 0r: Sign and Print Legal CCR Name DUNS$Number to a The Central Contractor Registration (CCR) is the primary registrant database for We U.S. Federal Government. m The DUNS® Number is a unique nine -digit identification assigned and maintained solely by Dun &. Bradstreet (D&B). DUNS Number assignment eis1 free for ell businesses required to register with the US Federal government (see # 1 abov 6 for contacts or grants. Created in 1962, the Data Universal Numbering System or DUNS Number is D&B's copyrighted, proprietary means of identifying business entities. One gfBangor- LocalPmjectAgreement Page9of9 OuterBammond Street-WLN.19202.00 �sa State AMS No.: Maine=Maine OTCSN: TEDOCNa: Project Agreement Between the State of Maine, Department of Transportation And the City of Bangor Federal Project STP -1920(300)X, MmseDOT W.I.N.19203X0 This Agreement is made between the Maine Deparunent of Trinspomation(`the Maim [BOT), an agency of Maine State GOvammrnl with IN headquarters on Child Street in Augusta, Maine, and a mailing address of 16 State House Station, Augusta, ME 06333-0016; and the City of Bangor (`The City"), a municipal corporation and body politic with its principal administrative offices at 73 Harlow Street, Bangor, ME 04601. WHEREAS, the project described herein was selected for inclusion in the MairreDOT W12-2013 Biennial Capital Work Plan by dw Bangor Area Comprehensive Transportation System ("the MPO"), the designated Metropolitan Planning Organization for the Bangor Urbanized Area, located at 40 Harlow Street in Bangor, Maine; and WHEREAS, this Agreement sets out the terms and conditions of the funding for the Project, as progmmmd by the MPO. NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows ARTTCLEI DEFINITIONS When used within this Agreement, the terms listed below shall be defined as follows: ro'ect: Resurfacing of a portion of Maine Avenue, beginning at Griffm Road and continuing • 0.31 mile to Godfrey Boulevard ('the Project.' The work shall consist of a mill -and -fill of the aavei lanes, paving of the shoulders, and replacement of guardrail ends, to be performed by or for the City and accepted by the Ma1ueDOT. • Wieser COordnamrThe person designated by the City to oversee all local responsibilities. This person is the municipal liaison with die Ma1neBOT. • Project Manager The person designated by the MaineDOT to oversee aR Sure responsibilities. This person is the Sete liaison with the City. ARTICLE Q PROJECT DEVELOPMENT A. AUTHORIZATIONS. The City must receive authorization from the MaineDOT before Perforating work or procuring services under this Agreement. Any municipal costs incurred before such approval is granted shall be incligibi for reimbursement. Additionally City of Bangor- Local Preectibreement Pagel of IdameAvenue -W.I.N. 39203.00 1.80 1. The City shall not change the snipe or objectives of flue Project without written approval from the MFO and MmuDOT. 2. The City shall not change any terms ofthis Agreement without written approval from the MaineDOT. B. BUDGET. Total federally participating funding for the Project—asprogrammedbyrise MPO— is One Hundred Eighty -Three Thousand Two Hundred Seventy -Pour Dollars ($183,270), and the City shall prepare a fine -item budget far the MaineDOT'9 approval. 1. Once the MaineDOT approves the budget, expenditures may not exceed any single cost category or line -item amount by more than ten percent (109) without the MaineDOT's written approval, through a change or extra -work order. 2. Total federally eligible costs shall not exceed the amount shown above(Paragraph B) without written approval from the MPO to the MaineDOT. C. WORK PIAN. The City shall submit. for MainaDOT approved, a work plan and schedule briefly describing how and when it intends to proceed with the Project work. D. CONSULTANT SERVICES. The City may lure a consultant if necessary to perform engineering and design services, W follows: 1. A qualifications -based selection process shall be used; 2. No contract shall be awarded without the approval of the MaineDOT; and 3. The most recent version of MaineDOT's Commissar General Conditions shall governs all design or other non -construction work. E. PI.AWS, SPECIFICATIONS, AND NSTIMATES. The City or its consultant shall prepare all plans, specifications, estirrmtes and contracts for the Project as follows: 1. Documents shall conform to applicable sections of the MaineDOT Standard Specifications and MafneDOT Standard Details, both from Derember 2001 2. All such documents shall be submitted to the Ma mI OT forreview and approval before the City requests authorization in solicit bids furconstmetion. F. IPCe.1T63S. Plans and specifications shall meet the MaineDOT's Utiltry Accommodation Policy (1]-229 CMH Chapter 210.) The City or its consultant shall coordinate all matters regarding utilities, prepare all documentation, and submit all such documentation to the MaineDOT far review before requesting authorization to solicit bids for construction. G. The City or its consultant shall obtain all approvals, permits and licenses necessary to construct the Project. Copies of each shall be Provided to the Project Manager. H. ENVIRONMENTAL PROCESS. The City or its consultant shall prepare and submit to the MaineDOT for review all required environmental studies and repots. The MaineDOT, in tum, sha8 submit to the Federal Highway Administration f1he FIIWA'3 all documemation requited under the National Environston al Policy Act. Cry ofBaagor- Local ProjecrAgreement Poge 2 of MaineAvenue - WIN. 19203.00 180 I. The City shall provide for any public participation in the development of the Project and notify the MPO staff and the MaineDOT's Project Manager of all public meetings. J. PROPERTY ACQLI MON. If the project requires acquisition of my property, the MaineDOT shelf acquire all such property rights. K. ADVERTISE AND AWARD. Atter receiving armour] firm the MaineDOT the City shall either solicit for competitive bids or utihee a "Force Account' process an construct the pmjecq as described in Paragraph L. If a contracror is hirul by competitive bid, the City shall follow the process outlined below in accoNance with Federal and State policies and procedures: L Bids shall be solicited in accordance with the plans and specifications that the MaineDOT has approved. 2. The City and the MatneDOT may accept or reject any and all bids. 3. The City shall not award a contract without the MameDOrs written approval. 4. The contract shall specify that the Project comply with the MaimMOT's Standard Specifications (December 2002) and applicable special provisions. 5. Upon award, the City shall hold a precomtmction meeting to coordinate the work The meeting shall involve the MvneDOT's Project Manager, the connector, and all i fififies and other parties involved in such construction. L. FORCE ACCOUNT. If the City wishes to construct the project with municipal fomes, the City first must obtain written approval hom the MaineDOT. If authorized to use a "Force Account" process, the City shall comply with applicable Federal regulations —23 CFR, Parts 635.201 to 635.205. M. CONSTRUCTION. The City shall administer any construction contract and provide the supervision, inspection and documentation necessary to ensure that the Project is completed m the lvhdmDOT's satisfaction in accordance with the plans, specifications and provisions of the contract, as follows: 1. The City's Project Coordinator or qualified designee shall be responsible for the Pmjam at all times. 2. The City shall use procedures acceptable to the MaineDOT to documem the quantity and quality of an construction-rehared work performed under this Agreement. a. The City shall provide the MaineDOT with wee yprogress capons. b. All documentation shall be retainer as provided under Article IV. 3. The City shall provide for all nu[erials testing required for the Project. 4. Traffic in work zones shall be controlled in accordance with Pan VI of the EHWA's Manual on Unarm Traffic Control Devices for Streets aM Highways (MtITCD). 5. Upon completion, the City shall provide the MaimDOT with a set of"as-built"plans an Mylar or equivalent amhivalyuali ty material acceptable to the MameDOT. Oty of Batqtor- Load Project Agreement Page3 of Maine Avenue-W.I.N. 19203.00 +ao fi. Upon completion, the City shall certify that the Project was cor,ShucMd, quantities were measured and documented, and materials were tested in accordance with the plans, specifications and provisions of the consuvetion costumer, and in accordance with the policies and procedures approved by the Mai ieDOT. N. INSPECTION. The Malne])M may inspect constmertion activities and documentation — and test any materials used —m ensure compliance with the construction contract. The MaMeDOT may reject any work or materials not in such compliance. ARTICLE DL COST-SHARING & REIMBURSEMENT A. MAINEDOT SHARE. The MaineDOT— using Federal and State funds programmed by the MPO—shall be responsible for ninety percent (90%) of federally eligible Project costs, or One Hundred Sixty -Four Thousand Nine Hundred Forty -Six Dollars and Sixty Cents ($164,946.60, or 9096 of $183,274). For auditing purposes, the Mah wDOT'3 share shall consist of: • Federel funding—$146,619.20. • Statefanding —$ 18,327,40. B. MUNIC@AL SHARE. The City shall be responsible for ten percent HOS) of eligible project in Paragraph Csits ba f gree led it rttdb lh M f eDOTas describer! in Three Hundred d below. Under this Agreement, the City's 18,32 Ashore 0 Eigh$en,274.)Thousand Throe Hundred Twenty -Seven Dollars and FatY Cents ($]8,32'/.40, or 10°6 of $163,214.) 1. The City also shall be responsible for a0 costs deemed ineligible for Federal participation ad all costs exceeding One Hundred Eighty -Three Thousand Two Hundred Seventy -Four Dollars (183,274) unless otherwise approved Eby the MaineDOT and the MPO. C. MAINEDOT COSTS. All costs incurred by MaineDOT personnel in the development and oversight of the Project shall be accounted for with project lauds. Such costs may include, but are not limited m: preliminary engineering, survey, environmental support, righbof-way support, final design reviews, construction engineering, and audit. D. REIMBURSEMENT. The MaMeDOT shall rambur 0 the City for the Federal and State shares a eligible Project cows, as set forth in Paragraph A. 1. The City shall bill the MaineDOT no mora frequently than monthly, as follows: • Claims shall be submitted on the City's billheed and reference W.I.N. 19203.00. • Each invoice shall contain an itemized account of expenditures consistem withthe line -item budget required in Article U.B. Backup documentation and proof of payments made must accompany each invoice. • Each invoice shall have an accumulative total by cost category or budget line item, and a breakdown of the MaineDOT's and City's shams of total costs. • Each claim shall include a statements from the Pro'ect Cradchnator that all amounts claimed are correct, due and not claimed previously, aM that all applicable work was performed in accordance with the tartms of this Agreement. MahreAangan W.I.N. 19203.00 menr Page of9 MafneAvenue-W.I.N. 1920300 2. If less than One Thousand Dollars ($1,000) in reimbursable costs is incurred, the City shall defer my such claim until the next monthly billing period in which at leas[ One Thousand Dollars ($1,000) m such costs is incurred or until the City submits its final claim. 3. The Ma neDOT reserves the night to recover any payment to the City for any action or activity that subsequently becomes ineligible her FedemVStete turtling. The MWueDOT shelf have the additional remedy of withholding future Project -related reimbursements to the City. 4. The MaineDOT further reserves the right to recover my payment found to have arisen from errors, omissiom or failures by the City to meet professional standards of construction engineering and inspection, through reductions in future reimbursements or by any other legal means. The MairmDOT shall Promptly notify the City of any such claim and give the City fall opportunity to defend itself D it is later determined that any such reduction was made erroneously, the MaimeDOT shall promptly repay any amount so reduced. E. PROJBCp COMPI.BTION. Once Ne MaimDOT has paid the City's final claim, any remaining Federal and State funds in the Project shall go back to the MPO for reprogramming. ARTICLE IV. NON -APPROPRIATION A. Notwithstanding any other provision of this Agreement the MeineDOT shall be mleaml from its obligation to make Payment toward the Project — and shall goofy the City Promptly in writing — if any of the following occurs: 1. The MPO or the MaineDOT does not receive adequate funds to support the Project; or 2. Fuels otherwise programmed for this Project are de -appropriated. A. The MaineDOT reserves the right to terminate the payment provisions of Article M in the event of subsmooal default by the City, which is defined ae: L Ilseofpmje bMsforapurposeothwffinwhatisauthorizedbythis Agreement; 2. Misrepresentation or falsification of any claims submitted by the City for reimbursement Pursued to Article ID; 3. Failure to show satisfactory progress, as determined by the Project Manager, within 1$ months of being given authorization to proceed by the MaimDOT. 4. Failure to monitor adequately the quality of work and/or materials; 5. Breach of any material provisions of this Agreement. B. The MaImMOT shall notify the City in writing within five (5) days oflemaing of an event leading m a claim of substantial defelt. If the City fails to take corrective action within fifteen (15) days of receiving notificamm. the MaineDOT may terminate this Agreement upon written notice to the City. City of Bansior- local ProjecaAgreement Page 5 of Maine Avenue -W.I.N.19203.00 180 1. Upon receipt of such notice, the City and all consultants and contractors covered by this Agreement shall immediately cease work—except for any work required to protect public health and safety — and tum over to the Mainel)OT all Project records and documentation within thirty(30) days of the effective data of such communion. ARTICLE VL RECORD "TENTI0N. ACCLSS&AUDIT A All printed and electrome Project records more by the Cloy or its mnsWtant(s)shaa he rded with the ManeDOT upon completion of the work covered under Us Agreement. B. The City and its consultant(s) shall maintain all books, documents, papers, accounting records and other evidence of costs incurred hereunder for five (5) years from the date of final reimbursement If any lifigafion, clam, negotiation, aadit or ober action involving the records has been stooled before the expiration of the 5 -year period, the records must be retained until completion of the action and resolution of all issues arising from it. C. The City not its consultant(s) shall allow mamaizetl reprrsmmdves of the Store of Maine and the Federal Government m it ¢Pett and audit perrimnt Project documents. Copies of requeaudi documents shall be famished at no cast. D. The City shag keep records in accordance with 48 CFR, Pan 31, "Contract Cos[ Principles and Procedures," mud 49 CFR, Part 18, "Uniform Administrative Requirements for Gants and Cooperative Agreements to Stare and Local Governments." E. Audits shall meet the `Generally Accepted Government Auditing Standards" (GAGAS). ARTICLE VIL GENERAL PROVISIONS A. Laws and regulations. All activities conducted pursuant m this Agreement shat comply with applicable laws and regulations, including hot not limited to the following: Title 23 in the United Some Code (USC) fm statutory law and Title 23 in the Code of Federal Regulations (CFR) for administrative law. B. mdmendeat camcity. When carrying out the provisions of this Agreement, the City, is employees, contactors, consultants and/or agents are na acting as employees or agents of the MnineDOT. C. Iademnifitauon. To the extent pemd[ced by law, the City shall indemnify ami hold harmless me Ma wDOT, its agents and employees from all claims, suits or liabilities mixing from any negligent or wrongful act, arta or modems by the City, its consultants or motorcars. Nothing bmein shall wave any defense immunity or limitation of liability that may be available under the Mame Tort Claims Act (14 M.ILS. Section 8101 et sat.) or my other privileges or immunities provided by law. I. nopr"brion shall survive any termbmrion or expiration ofrhis Agreement. It shall remain effective unfit specifically nominated or modified in writing by the parties to this Agreement or negated by law. aty ofBandor- Loral Rnfe[tAgreement PWe6of9 Maine Avenue-W.IN. 19Zg3.W D. Now down. All contracts between the City and any consultant, contractor or other third party shall contain or incorporate by reference all applicable provisions of this Agreement. E. FauslEmolovment OpporMuty(EEO). The City shall complywith applicable EEO requirements: 1. The City and its comasims(s) shall not discriminate against my employee orapplicaat for employment regarding work under this Agreement because of race, color, religious creed, sex, national origin, ancestry, age or physical handicap unless reified to a bona fide occupational qualification. The City shall take affirmative action to emure that all such qualified applicants are employed and that all such employees are treated without regard to thein race, color, religious creed, ace, national origin, ancestry, age or physical handicap during any period of employment under this Agreement Sues action shall include, but not be limited to: employment, upgrading, demotions, transfers, recruitment layoffs or terminations, rates of pay or other fortes a compensation, and selection for Waiving and apprenticeships. The City shall post prominently in places readily available to alt employees and applicants for such employment notices selling forth the provisions of this paragraph. 2. ball solicitations for employees placed by or for the City for work undertaken paruratto this Agreemeat, the City shall state that all qualified applicants shall be considered regardless of race, color, religious Grad, a", napona( origin, ancestry, age W physical handicap. 3. The City shall cause all of the foregoing equal employment opportunity provisions to be included in any contract for services or work under this Agreement so that the provisions are binding upon each consultant — except for my contract for the purchase or supply of standard commercial supplies or mw materials. 4. The City, its contractors and consultants shall list all employment opportunities arising out of or attributable to the project with the Maine Job Service, except for openings to be filled with personnel already employed within those Organizations before the effective date hereof and not hired in amicipetion hereof. F. Third-mmur transference. The City shall not sublet sell, transfer, assign or otherwise dispose of this Agreement or any portion of it without the written consent of the MahnelbOT. No contract, nonexistent Or transfer of this Agreement shall in any case release or relieve the City been my liability under this Agreement. O. The Parties further acknowledge and agree that: 1. Neitherthe City nor the MehmDDT shall be bound by my previous statement correspondence, agreement or representation not expressly entombed harem. 2. This Agreement is made and shall be construed under the laws of the State of Maine. 3. If my clause, section or provision hereof is held to be invalid or unenforceable, that shall not affect the entire agreement, and the Parties shall mat and negotiate a new clause, sectionorprovision. City ofBangor- Local erudectAgmement Page 2of9 MaineAvenue - WIN. 1920300 3 380 ARTICLE VID TERMS OFA BEEMENT All provisions of this Agreement—except for Article VI.B (records) and Article VMC (indemnification) — shall expire not more Nm four (4) years from the data of MaineDOT's stgmmre, unless otherwise modified by Ne parties to this Agreement ARTICLE IX, APPROVAL A. Dobarmen. By signing Nis Agreement, the CRycenifies—to thebestofits knowledge and belief—Naz it and ita employees, agents md/a repmsenmtives assacian d with the project 1. Are not now debarred, suspended, proposed for debarment, declared ineligible, or summarily excluded from eligible in dsis trensmtion by any Federal a State agency; 2. Have not within the previous Nrce(3) years been criminally convicted or had a civil judgment rendered against them — and are nor now criminally or civilly charged—in connection with my of the following: a. Obtaining, attempting 0 obtain, orperforming a public (Federal, State or laced) transaction or contract under a public transaction; or b. Violating Federal or Sante antitrust sondes or commission of embezzlenum,theft, forgery, bribery, falsification or destruction of records, making false smtemmb, or receiving smlen property. 3. (lavenotwithin a 3-yearperiodproceding[itis agreementhad one mmore public transactions (Federal, Sante or local) terminated for cause or default. B. Hda City is enable to certify to any of the preceding statements in this Article a, the City shell attach an explanation to this Agreement. C. The City agrees that it will not hive a consultant or contractor who is now debarred, suspended, proposed for debarment, declared ineligible, or animatedly excluded from covered traraactlons by my Federal or Sante agency. D. Muoicioal emmainfi n. The City representr that its legislative body has taken all steps necessary and lawful m approve the Project and the City's entry into this Agrxment, has appropriated or mahmized the use of any necessary funds in comxtion with Ne City's participation herein and my financial obligations incurred hereby, and has further authorized the undem)gaed Municipal mpreseruative(s) to execute this Agreement. IN WITNESS WHEREOF, the patties have executed this Agreement effective on the daze last signed. City of BANGOR Maine Department a Transportation By: By; Catharine M. Conlow, City Manager Joyce Noel Taylor, Director, Barren of project Development Daze: Date: HarmeAvenue-Local 19203.0 9203Paged f9 Maine Avenue -W.LN. 19203.00 APPENDIXA: FEDERAL FUNDING ACCOUNTABMM AND TRANSPARENCY ACT The City of Bangor and its contractors maybe subject an the provisions of the Fedeml Funding Accountability and Transparency Act ("FFATA") of 2006 as amended and any regulations, policies, procedures and guidance docamu ms adapted pursuant thereto or in maturation therewith. Because the Federal portion of the Project exceeds $25,000, the City shall sign this document antler Paragraph (B) and worm it with the Project Agreement and provide die following information, if applicable: A) The tial compensadon and names of the rop five executives if: • Momihaa80%ofthe City'saanualgtossmmuesarefromthe Federal Goveramentmd • Those revenues are greener than $25 million armually; R14 • Compensation informative is not already available through repotting to the U.S. Smnities and Exchange Commission (SEC). B) The Legal Name and DUNS® Number on File with the federal Central Contractor Registration Sign and Print Legal CCR Name DUNS Number m lis The Central Covtracmr Registration (CCR) E the primary registrant database for tan U.S. Federal Government, 0) The DUNS® Number is a unique nine -digit identification assigned and maintained solely by Dun & Bradstreet (D&B). DUNS Number assignment is free for all businesses required in register with the US Federal government (see Is 1 above for mtmnets or grants. Clamed in 1962,t he Data Universal Numbering System or DUNS Numberis D&B'scopyrighted, proprietary means of identifying business entities. City of Bangor- LocalP:jec[Agreement Poor 9 of RaineAvenue -W.LN. 1920300 SmreAMS No.: MainPDOT MoIneDOTCSN: TEDOC No.: Project Agreement Between the State of Maine, Department of Transportation And the City of Bangor Federal Project STP -1920(900)X, MaineDOT W.I.N. 19209.00 This Agreement is made between the Maine Department of Transportation ("the MaineloOT), an agency of Maine State Government with its headquarters on Child Street in Augusta, Maine, and a reading address of 16 State House Station, Augusta, ME 04333-0816; said the City of Bangor ("the City"), a municipal corporation and body politic with its principal administrative offices at 73 Harlow Street, Bangor, ME 04401. WHEREAS, the project described herein was selected for funding and inclusion m the MaineDOT 2012-2013 Bimodal Capital Work Plan by the Bangor Area Comprehensive Transportation System ("the MPO'), the designated Metropolitan Planning Organization for the Bangor Urbanized Area, located at 40 Harlow Street in Bangor, Maine; and WHEREAS, this Agreement sets out the terms and conditions of the funding for the Project, as programmed by the MPO and approved by the Ma1m EOT. NOW, THEREFORE, m consideration of the foregoing, the partes agree as follows ARTICLE L DEFINITIONS When used within this Agreement, the teras listed below shall be defined as follows: • Project: Resurfacing of a portion of Stillwater Avenue, beginning at the southern Bangor Mau entrance and extending northerly for 0.17 of a mile to the Home Depot entrance C9he Project)') The work shall consist of a mill -and -fill treatment of the travel lanes, in be performed by or for the City and accepted by the MaineDOT. • Project Coordinator The person designated by the City to oversee all local responsibilities. This person is the municipal liaison with the MaimeW . • Project Manager The person designated by the MaineDOT to oversee all State responsibihtim This pension is the State liaison with tlu City. ARTICLE IL PROJECT DEVELOPMENT A. AUTHORIZATIONS. The City must receive authorization from the MeineDOT lading performing work or procuring services under this Agreement Any municipal costs incurred Mom such approval is granted shall be in i pile for reimbursement Additionally: City ofeamor- Loral PrafecrAgreement Page t of S'tlgwamrAvenue-W.LN. 19209.00 980 1. Changes m Ne Pined scope or objectives shall require written approval from the MPO and MaimDOT. 2. The City shall not change any terms of this Agreement without written approval from the MahmDOT. B. BUDGET. Total federally participating funding for the Project —asprogrammed byNeMPO— is One Hundred Sixty -Seven Thousand One Hundred Thirty -One Dollars ($16/,131), and the City shall prepare a live -item budget for the M im])OT's approval. 1. Once the MameDOT approves the budget, expenditures may not exceed any single cost category or line -item amount by more Nan ten percent (10%) without the MaiveDO'1's approval, through a change or extra -work order. 2. TOW federally participating costs shall not exceW Ne mount shown above (paragraph B) without written approval from the MPO and the MameDOT. C. WORK PLAN. The City shall submit, for MaineDOT approval, a work plan and schedule Melly describing how and when it intends to proceed with the Project work. D. CONSULTANT SERVICES. The City may hire a consultant necessary to perform engineering and design services, as follows: 1. A qualifications -basal selection process shall be use; 2. No contract shall be awarded without the approval of the MaineDOT; and 3. The moat recent version of MaineDOT's Consultant Genera/ Conditions shall govern all von-conavuction work. E. PLANS,SPECIFICATIONS, AND ESTIMATES. The City or its consultant shall prepare all plans, specifications, estimates, and contact documents, as follows: 1. Documents shall conform m applicable sections of thm MaineDOT Standard Specificatiom and MaineDOT Standard Details, both from December 2002. 2. All such documents shall be submitted to the MaineDOT for review and approval before the City requests authorization to solicit bids for construction. F. U nLITIFS. Plans and specifications shall comply with the MsmeDOT's Unlity Accormmdation Policy (17-229 CMM Chapter 210.) The City or its consultant shall coordinate WI matters regarding utilities, prepare all documentation, and submit such documentation to the MaiveDOT for review before requesting authorization to solicit bids for co muction. G. The City or its consultant shall obtain WI approvals, permits and licenses necessary to construct the Project Copies of each shall be provided to the Project Manager. H. ENVIRONMENTAL PROCESS. The City or its consultant shall prepare and submit an the MalnCE OT for review all mquirul envhommartai stuthes and reports. The MaimDOT, in nun, shall submit m Ne Federal Highway Administration all documentation required ander the Nmional Eaviro wasswal Policy Act. Oty0fBmuor-Loral PmjectAg semen Page2of9 Stillwater Avenue-W.LN. 19209.00 I. The City shall Provide for any public participation in the development of the Project and shall notify the MPO an, the MaineDOT Project Manager of all public warnings. I. PROPERTY ACQUISITION, If the Project requires arquisitionofpropely, the MaineDOT shall acquire all such property ruts. K. ADVERTISE AND AWARD. Ages receiving aooruval from the Ishmael) the Citymall either solicit for competitive bids a utilize a "Force Account" process to construct the project, as described in Paragraph L below. If a examination is hired through competitive bidding, the City shall follow the process outlined below: L Bids shall be solicited in accordance with the plans and specifications that the MrdmDOT has approved. 2. The City shall follow State and Federal procurement policies and procedures, unless otherwise approved in writing by the MaineDOT. 3. The City and the MaineDOT may accept or reject any and all bids. 4. The City shall not award a combustion contract without the MaineDOT's written approval. 5. The contract shall specify that the Project comply widt the MaimDOT's Standard Specifications (December 2002) and applicable special provisions. 6. Upon award, the City shall hold a preconstruction meeting involving the MameDOT's Project Manager, the contractor, and 0 utilities and other patties involved in the construction. L FORCE ACCOUNT. If the City wishes to construct the Project with municipal forces, the City first must obtain wnthen approval from the MaineDOT. if authorized to use a "Force Account" process, the City shall empty with applicable Federal regulations -23 CFR, Pans 635.201 in 635.205. M. CONSTRUCTION. The City shall administer any construction contract and provide the supervision, Inspection and documemation necessary m ensure that the project is completed in the MameDOT's satisfaction in accordance with the plans, specifications and provisions of the contract, as follows: 1. The City's Project Commuter or qualified designee shall be responsible for the Project at all times. 2. The City shall use procedures acceptable to the MaineDOT in document the quantity an, quality of all wnstructron-related work perfomred under this Agreement • The City shall Provide the MaineDOT with wcekly progress reports. • All documentation shall be retained as provided under Article IV. 3. The City shall provide for all materials testing required for the project. 4. Traffic in work zones shall be controlled in accordance with Fart VI of the Federal Highway Administration's Marwal on U gi ran Traffic Control Devi su for Streets and Highways (MUTCD). 5. Upon completion, the City shall provide the MaineDOT with a see off'hs-buih"plans on Mylar or equivalent archival -quality mazertal acceptable to the MaineDOT. City ofBangor- Local Project Agreement Page3of9 Stillwa4rAvenue -W.I.N. 39209.00 190 6. Upon completion, the City shall certify 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 Wilder and groceslures approved by the MaineDOT. N. NSPBCFION. The MaiaeDOT may inspect construction activities and documentation — and WA any materials used — (o ensure compliance with the construction contract. The MatneDOT may mject any work or materials not in such compliance. ARTICLE HL COST -SHAT B G & REB URSEMENT A. MAINEDOT SHARE. The MaineDOT—using folds programmed by the MPO—shall be responsible for ninety percent (90%) of federally eligible Project costs, or One Hundred Fifty Thousand Four Hundred Seventeen Dollars and Ninety Cents ($150,417.90, or 90% of $167,131). For auditing purposes, rhe MaineDOT's share shall consist of: • Federalfunding —$ 133,704.80, or 80% of $167,131. • Stare fumbng —$ 16,713.10, or 1O%of $167,131. B. CITY SHARE. The City shellberesionsiblefortenpercent(10%) ofeligibleprojectcoms, Includiner its Aam of i N 1 tedcosts' d by the MaineDOT as described in Paragraph C below. Under this Agreement, the City's matching share is Sixteen Thousand Seven Hundred Thirteen Dollars and Ten Cents ($16,713.10, or 10% of $167,131.) 1. The City also shall be responsible for all costs deemed ineligible for Federal participation and all costs exceeding One Hundred Sixty -Seven Thousand One Hundred Thirty -One Dollars ($167,131) unless otherwise approved in writing by the MaineDOT and the MPO. C. MAMDOT COSTS. All costs incurred by MaineDOT personnel in the development and oversight of the Project shall be accounted for with Project funds. Such cosu may include, but are not limited to: greliminary engineering, survey, environmental support, right-of-way support, farm design reviews, construction engineering, aM audit. D. REMURSEMENT. The MaineDOT shag reimburse the City for the Fedmal and Some shares of eligible Project costs, as set login in Pamgmph A. 1. The City shall bill the MaiveDOT no more frequently than monthly, as follows: • Claims shall be submitted on the City's billhead and reference W.I.N. 19209.00. • Each invoice shall contain an itemized normal of expenditures consistent with the lirwitem budget required in Article U.B. Backup documentation and proof of payments made must accompany each invoice. • Each invoice shall have an accumulative total by cost category or budget line item, and a breakdown of Ne MaineDOT's tied City's shares of total costs. • Each claim shall include a n=ment from the Prmect Coordinator that all accounts claimed ate correct, due and not claimed previously, and Naz all applicable work was performed in accordance with Ne terms of this Agreement. City o%Bangor-locale jeetAgreement Page 4 of StlllwaterAvenue -W.LN. 1920..00 _1 180 2. If less that One Thousand Dollars ($1,000) in reimbursable costs is incurred, the City shall data any such claim until the most monthly billing period in which m least One Thousand Dollars ($1,000) in such costs is incurred or word City submits its final claim. E. The MaineDOT reserves the right to recover any payment m the City for any action or activity that subsequently becomes ineligible for Federal funding. The MameDOT shall have the remedy of withholding fumre Project -related reimbursements to the City. F. The MameDOT may recover any payment found to have arisen from errors, omissions or failmea by the City m meet professional standards of construction engineering and inspection, through reductions in furore reimbursements or by my other legal means. The lAmmDOT shall promptly notify the City of any such claim and give the City full opportunity to defend itself. R it is later determined that any such reduction was made eromonsly, the MameDOT shall promptly repay my amount so reduced G. Once the Ma aDOT has paid the City's final claim a mbawiss closed out the project, any remaining Federal and State funds in the Project shall go back to the MPO for reprogramming. ARTICLE IV. NON -APPROPRIATION A. Notwithstanding any other provision of this Agreement. the MaineDOT shall be released from its obligation to make payment toward the Project—ad shall terminate this Agreement in writing upon thirty (30) days' written notice to the City—if either of the fallowing occurs: 1. The MPO or the MameDOT does na receive adequate funds to support the Project; or 2. Fonds otherwise programmed for this Project are de -appropriated. A. The MaineDOT reserves the right to terntimte the payment provisions of Article Min the event of substantial default by the City, which is defined as: 1. Failure to show samfaclory progress —asdetermined bythe MmwDOTPrjarManager — within 18 months of being given mthodzation to proceed. 2. Use of project funds for a purpose, other Nan what is authorized by Hila Agreement; 3. Mismpresmbation or falsification of any claims submitted by the City for reimbursement; 4. Failureto monitor adequately the quality of work manor materials; 5. Breach of any material provisions of this Agreement. B. The MaimDOT shall notify the City in writing within five (5) days of teaming of an event leading m a claim of substantial default. If the City fails to take corrective action within fifteen (15) days of receiving notification, the MaineDOT may terminate this Agreement upon written noticem the arty. 1. Upon receipt of such notice, the City and all consultants and contractors covered by Nis Agreement shall immediately cease work— except for my work required to protect public health and safety—and torn over to the MaineDOT all Project retards and documentation within dirty (30) days of the effective data of such remdnation. MY 0014Wor-localeruipectggreement Page 5 of StillvmterAvenue -W.LN. 39209.00 180 A. All printed and electronic Project records urge byme City or its consultants) shall be filed with the MaineDOT upon completion of the work coveted under this Agreement. B. The City and its consultant(s) shall maintain all books, documents, papers, accounting records and other evidence of costs incmrN hereunder for five (5) years from the date of final reimbursement R any fifigafiom claim, negotiation, audit or other action involving the recoNs has been started before the estimation of the 5 -year period, the records must he retained until completion of the action and resolution of all issues arising from it C. The City and its consultruing shall allow authorizes representatives of the Stam of Maine and the Federal Government to inspect and audit pertinent Project documents. Copies of requested documents And be furnished at no cost D. The City shall keep records in aaomance with 48 CER, Pan 31,"Contract Cost principles and Procedures," and 49 CFR, Pan 18, "Uniform Administrative Requirements for Cnams and Cooperative Agreaments to State and Local Governments." E. Audits shall raw the "Generally Accepted Government Auditing Stagings"(GAGAS). A. Iaws and reeolations. All activities conducted pursuant to this Agreement shall comply with applicable laws and regulations, including but not limited to the following: Tide 23 in the United States Cade (USC) for statutory law and Tide 23 in ire Code of Fede ad Regulations (CPR) for administrative law. B. Independent caoad . When carrying out the provisions of this Agreement, the City, its employees, connacmrs, consultants and/or agents are not acting as employees or agents of the MaineDOT. C. Inderanification. To the extent permitted by law, the City shad indemnify and hold harmless the MaineDOT, its agents and employees from all claims, suits or liabilities arising from any negligent or wrongful act, error or omission by the City, its consultants or contractors. Nothing herew shall waive any defense immunity or limitation of liability that may be available under the Maine Tod Claims Act (14 M.R.S. Section 8101 or seq.) or any other privileges or humanities provided by law. 1. ThisprovisionsMilsumiveanyrermbmrionorexpirwionofthis Agreeww..ltshaHmniain effective until specifically terminated or modified is writing by the patties to this Agreement or negated by law. D. Few down. All contracts between the City and any consultant contractor or oche thim party shell contain or marionette by reference all applicable provisions of this Agrmment. E. Eauul Emolovment Op odrea v (EEO). The City shall comply with applicable EEO requirements: City of9anpor. Lore] P jemQ9reement Poge6of9 StillwaterArenue - WLN. 19209.00 L The City and its consultants) shall not discriminate against any employce or applicaut for employment regarding work under this Agreemew because of race, color, religious creed, sex, national origin, ancestry, age or physical handicap unless related to a bona fide occupational qualification. The City shall take ofimrarive action Or ensure that all such qualified applicants are employed and that ail such employees are treated without regard to their race, color, religious crced, sex, national origin, ancestry, age or physical handicap during any Period of employment under this Agreement Such action shall include, but not be bound to: employment, upgrading, demotions, transfers, recr aitvent layoffs or mrransdors, rates of pay or other farms of compensation, and selection for training and apprenticeships. The City shall post pmntinently in places readily available to all employees and applicants for such employment waves setting forth the provisions of this paragraph. 2. tha6 solicitations for employees placed by or for the City for work undertaken pursuantto this Agreement the City shall state that all qualified applicants shall be considered regardless of race, color, religious creed, sex, national origin, ancestry, age or physical handicap. 3. The City shall cause all of the foregoing equal employment opportunity provisions to be included in any contract for services or work under this Agreement so that the provisions are binding upon curb consultant—except for any contact for the purchase or supply of standaN commercial supplies or raw materials. 4. The City, its contractors and consultants shall list all employment opporputites arising our of or attributable to the Project with the Maine Job Service, except for openings to be filled with Personnel already employed witlan those organizations before the effective dare heroof and not hired in anticipation hereof. F. nird-party transference. The City shall nor sublet, sell, transfer, assign or otherwise dispose of this Agreement or any portion of it without the written consent of the MahwI)0T. No such disposal of this Agreement shall in any case release or relieve dre City from any liability. O. The Parties further acknowledge and agree thm: L Neither the City nor the MaineDOT shall be bound by my previous statement, correspondence, agreement or representation not expressly contained herein. 2. This Agreement is made and shall be construed under the laws of the Stare of Maine. 3. If any clause, section or provision hereof is held to be invalid or unenforceable, Wat shelf rat affect the entire agreement, and the Parties shall racer and negotiate a new clause, sectionorprovision. ARTICLE V . TERMS OF AGREEMENT All provisions of this Agreement — except for Article VI.B (records) and Article VII.0 (indemrificmion)— shelf expire not more Nan four (4) years from the date of MaineDOT'3 signature, urdess otherwise modified by the parties to this Agreement. Utyofftargor- Low? Project Agreement Page 7 of StlllwatefAvenue-W.I.N. 19209.00 180 ARTICLE DL APPROVAL A. a en[. By signing this Agreement, the City certifies —to the best of its knowledge and belief—Naz it and its employees, agents and/or representatives associated with the Project: L Are not now debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded farm eligible in [Itis transaction by any Federal ce State agency; 2. Have not within the previous three(3) years been criminally convicted or had a civil judgment rendered against Nem—and are not now criminally or civilly charged — in connection with any of the following: a. Obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; or b. Violating Federalor StarBand"ststamtesorcommissionofembezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 3. Have not within a 3 -year period preceding dus agreement had one or more public transactions (Federal, State or local) [emanated for cause or default. B. If the City is unable m certify to any of the preceding statements in this Article Df, the City stroll attach an explanation to this Agreement. C. T re City agrees the[ it will not hire a consultant or contracts who is now debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal or Same agency. D. Municipal authorized . The City represents Nat its legislative body has taken all steps necessary and lawful to approve the Project and the City's entry into this Agreement, has appropriated or authorized the use of any necessary funds in connection with said City's participation herein and any financial obligations inclined bereby, and has further authonzed the undersigned Municipal rep rearmatrve(s) to execute this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement effective on the date last Signal. City of BANGOR STATE OF MAINE Department of Transportation By. By: Catherine M. Conlow, City Manager Joyce Noel Taylor, Director, Bureau of Project Development Date: Date: Note:AnaddBionalmwir pet signRure isregairedon Appendu A, on the nurpage ar" Ci[yofBmmn-- meal Pr %ectAgreement Page f9 StilhvaterAvenue- W.I.N. 19209.00 '1 180 APPENDIX A: FEDERALL, FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT The City of Bangor and its contractors may be subject to the provisions of the Federal Funding Accountability and Transparency Act (" FFATA") of 2006 as amended and any regulations, policies, procedures and guidance documents adopted pursuant thereto to conneeaon therewith. Because the Federal portion of the Project exceeds $25,000, the City shall sign this document under Paragraph (B) and return it with me Project Agreement and provide the following information, if applicable: A) The total compensation and names of the top five executives if: • More than 90% of the City's annual gross revenues aro from the Falual Oovemment; gpif • Thosemvenuesaregremerthan$25 ionannually;and • Compensation information is not already available through reporting to the U.S. Securities and Exchange Commission (SEC). B) The Legal Name and DUNS®Number on ]Tile with the federal Central Contracwr Registration lel: Sign and Print Legal CCR NameDUNS®Number0 N The Central Contractor Registration (CCR) is the primary registrant database for the U.S. Federal Government. 01 The DUNS® Number is a unique nine digh identification assigned and maintained solely by Dan & Bradstreet (D&B). DUNS Number assignment is free for all businesses required to register with the US Federal government (see # I abov a for contracts or grants. Created m 1962, the Data Universal Numbering System or DUNS Number is D&B's copyrighted, proprietary means of identifying business entities. City oflipgor- bowl"ertAgreement puge9 f9' StlllwarerAvenue -W.LN. 19209.00 .w. 180 Smre"SNo.: MameDOT MaineDOT TEDOCNo.: Project Agreement Between the State of Maine, Department of Transportation And the City of Bangor Fettered Project AC -STP -1921(000)X, MakmDOT W.I.N.19210.00 This Agreement is made between the Mame Department of Transportation ('the MahwDOT), an agency of Maine State Government with its headquarters on Child Street 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 and body politic with its principal administrative offices at 73 Harlow Street, Bangor, MB 04401. WHEREAS, the Project described herein was selected for funding and inclusion N the MaineDOT 20122013 Biennial Capital Work Plan by the Bangor Area Comprehensive Transportation System (`the MM' ), the designated Metropolitan Planning Organization for the Bangor Urbanized Area, Insured at 40 Harlow Street in Bangor, Meme; and WHEREAS, this Agreement sets out the terms and conditions of the fending for the Project, a9 programmed by the MPO and approved by me MaineDOT. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: ARTICLE L DEFINITIONS When used within this Agreement, the terms listed below shall be defined as follows: • Presser Resurfacing of a porton of Room Road, beginning at 1-95 and continuing 0.21 mile to Bangor Mail Boulevard (`the Project.") The wak shall wrists( of a mill -and -fill treatment of the travel laves, t0 be performed by or for the City and accepted by the MainsDOT. • Project Coordinator The person designated by the City m oversee all local responsibilities. This person is the municipal liaison with the MaineDOT. • Protect Manner- The person designated by the MaineDOT to oversee all State responsibilities. This person is the State liaison with the City. ARTICLE H. PROJECT DEVELOPMENT A. AUTHORIZATIONS. The City must receive authorization from the MaineDOT before performing work or procuring services under this Agreement. Any municipal costs incurred before such approval is granted shall be insfivubfor reimbmeemm[ and shall tat be arWi[ed toward the City's matching shag. Additionally: I. Changes to the Project scope or objectives shalt require written approve] from the MPO and MaineDOT. p'ty of Singer- Local Pmjec[Agreement Page l of Hogan Road -W.LN. 19220 00 2. The City shelf not change my turns of this Agreement without women approval from the MeiveDOT. B. BUDGET. Total federally participating funding for the Project is Two Hundred Fifty -Two Thousand Seven Hundred Sever Dollars ($252,707), and the City shall prepese a line -item budget for the MaineDOT's approval. 1. Once the MaineDOT approves the budget, expenditures may not exceed any single cost category or lme-item armant by more than ten percent (10%) without the MaiveDOT's approval, through a change or exam -work order. 2. Total federally participating costs shall not exceed the= coal shown above (Paragraph B) without written approval from the MPO and the MaineDOT. C. WORK PIAN. The City shall submit, for hhmeDOT approval, a work plan and schedule briefly describing how and when it intends to proceed with fire Project work. D. CONSULTANT SERVICES. The City may hire a consultant if necessary to perform engineering and design services, as follows: 1. Agvalificaaons-based selection process shall be used; 2. No contract shall be awarded without the approval ofthe MeineDOT; and 3. The most recent version of MalneDOT's Consultant Genera/ Conditions shall govem all non<mrstructiov work. E. PLANS, SPECIFICATIONS, AND ESTIMATES. The City or its consultant shall prepare a6 plans, specifications, estimaces, and contact documents, as follows: 1. Documents shag candor to applicable sections of the MaimDOf Standard Specifications and MamaDOT Standard Details, bot from December 2002. 2. All such documenamshall be subnittalmthe MahmIlOT forreview and approvalbefore the City requests authorization to solicit bids for construction. F. UTD.IMS. Plans and spehiications shall comply with the MaineDOT's Utility Accommodation PoRQ (17-229 CMR Chapter 210.) The City or its consultant shall coordinate all matters regarding su iaes, prepare all docurnamodon, and submit such documentation to the MaiveDOT for review 4Bj914 requesting authorization to svliat bids for construction. G. The City or its consultant shall obtain all approvals, permits and licenses necessary m wmuuct the Project. Copies of each shall be provided to the Project Manager. H. ENVIRONMENTAL PROCESS. The City or its consultant shall prepare and submit m the MmwDOT for review all required emussuremni studies and repairs. The MaineDOT, in tum, shall submit to Ne Federal Highway Administration all documentation required under the National enviromnenral Policy Act. L The City shall provide fumy public participation in the developmem of the Project and notity the MPO staff and the MaieeDty2' Project Manager of any public meetings. firyofBangor-imsui ProlecrAgreement Page2of9 Rogan Road-W.I.N. 19210.00 180 I. PROPERTY ACQUISITION. If the Project requires acquisition of any property, the M®neDOT shall acquire all such property rights. K ADVERTISE AND AWARD. At= receivine approval from the MaineDlY1', the City shall either solicit for compe i ive bids or udbw a "Force Account" process to construct the project, as described in Paragraph L below. Ifa contractor is hived by competitive bid, the City shall follow the process outlined below: 1. Bids shall be solicited in accordance with the plans and specifications that the MeiveDOT has approved. 2. The City shall follow Sure aM Federal procurement policies and procedures, unless otherwise approved in writing by the MamdDOT. 3. The City and the MahwDOT may accept or reject any and all bids. 4. The City shall not award a construction contract without the MaineDOT's written approval. 5. The contract shall specify that the project comply with the MaineDOT's Standard Specifications (December 2002) and appBrable special provisions. 6. Upon award, the City shaft hold a preconstmcfion meeting involving the MaineDOT's Project Mmiager, the enormous, and all utilities and other parties involved in the construction. L. FORCE ACCOUNT. If the City wishes to construct the Project with municipal forces, the City first must obtain written approval from the Maire]K T. If authorized to use a "Force Account" process, the City shall comply with applicable Federal regulators -23 CFR, Pans 635.201 to 635.205. M. CONSTRUCTION. The City shall administer any concoction contract and provide the supervision, inspection and documentation necessary to ensure that the Project is completed to the MaineDOT's satisfaction in accordance with the plans, specifications and provisions of the contract, as follows: 1. The City's Project Coordinator or qualified designee shall be responsible for the Project at all times. 2. The City shag use procedures acceptable to the MaineDOT to document the quantity and quality 40 construction -related work performed under this Agreement. a. The City shall provide the MaineDOT with weekly progress reports. b. All documentation shall be remixed as provided under Article W. 3. The City shag provide for all materials reading required for the Project. 4. Traffic in work zones; shall be controlled in acconhace with Pan VI of the Federal Highway Administration's Manual on Uniform Trak Cmrrol L)cvices for Streets and Highways (MUTCD). 5. Upon completion, the City shaft provide the Mained)OT with a sU of"asbuilt"plans on Mylim or equivalent archivalyuality material acceptable in the MmicDOT. Myofliarigor- Local Project Agreement PWe3of9 Rogan Road-W.I.N. 19210.00 Iso 6. Upon completion, the City shall cervfy that the Project was constructed, quantities were measured all documented, and materials were tested in accordance with the plans, specifications all provisions athe construction contract, and in accordance with the policies and procedures approved by the MeincDOT. N. INSPECTION. The MaineDOT may inspect construction activities and documentation — and rest any materials used— to enure compliance with the construction contract. The MaineDOT may reject any work or mm mals not in such compliance. ARTICLE M. COST-SHARING & REBHBURSEMENT A. MAWEDOT SHARE. The MaineDOT— using funds programmed by the MPO—shall be responsible for comely percent (90%) of federally eligible Project costs, or Two Hundred Twenty -Seven Thousand Four Hundred Thirty4iix Dollars and Tbirly Cents ($227,43630, or 90% a$252,707). For purposes of audit. the MeineDOT's above shall consist of the following: • Federal funding— $ 202,165.60, m 80% of $252,707. • Smce funding — $ 25,270.70, or 10% of $252,707. B. CITY SHARE. The City shall be responsible for ten pmcent (10%) of eligible project costs, Including its share of prudect-re]WO costs incurred by the MaineDOT as described in Paragraph C below. Under this Agreement, the City's matching share is Twenty -Five Thousand Two Hundred Seventy Dollars and Seventy Cents ($25,270.70, or 10% a$252,7W) 1. The City also shall he responsible for all costs deemed ineligible for Federal participation cgind all costs exceeding Two Hundred Fifty -Two Thousand Seven Hundred Seven DoM us ($252,707) unless oWerwise approvediqwrifing by the MaineDOT and the MPO. C. MAI[EDOT COSTS. All costs incurred by MnneDOT personnel in the development and oversight of the Project shall be accounted for with Project funds. Such costs may include, but are not limited to: preliminary engineering, survey, environmental support, rightof-way support, final design reviews, construction engineering, and audit. D. REIMBURSEMENT. The MaineDOT shall condense the City for the Federal and Stare shares of eligible Project costs, as set forth in Pmagraph A. 1. The City shall bili the Mai 0T no mora frequently don monthly, as follows: • Claims shall be submitted on the City's billheed and reference W.I.N.19210.00. • Each invoice shall contain an itemized account of expenditures consistent with the Ice -item budget required in Article ILB. Backup documentation and proof of payments made must accompany each invoice. • Each invoice shall have an accumulative tocol by cost category or budget line item, and a breakdown of the MaineDOT's and City's shares of rural costs. • Each claim shall include a statement from the Prancer Contributor that all amounts claimed are correct, due and not claimed previously, and that all applicable work was performed in accordance with the more of this Agreement City ofnangor- Local ProiectAgreement Paget l9 Hogan Road-W.M. 19210.00 60 2. If less Wan One Thousand Dollws ($1,000) in reimbursable casts is incurred, the City shall defy any such claim until We cent monthly billing period in which at least Oce Thousand Dollars ($1,000) in such costs is incurred or until City submits its final claim. E. The MaineDOT reserves the rlglu to recover any paymuv to the City for any action or activity that subsequently becomes ineligible for Federal funding. The M31nclO shall have the remedy of withholding home, Project -related reimbursements to the City. F. The MaineDOT may recover my payment; heard to have arisen from cams, oudesions or failures by are City to meet professional standards of construction engineering and inspection, through reductions in fauna reimburummta or by any other legal means. The Ma1noDOT shall promptly notify the City of any such claim and give the City bull opportunity to defend itself. N it is later determined Wet any such reduction was made erroneously, the MaineDOT shall Promptly repay any amount so reduced O. Once the MaineDOT has paid We City's final claim or otherwise closed out the Project, any remaining Federa /State funds in the Project shall go back to the MPO for reprogramming. ARTICLE W. NON -APPROPRIATION A Notwithstanding any other provision of this Agreement, the MsmIIOT shall be released from its obligation to make payment toward the Project — and shall terminate this Agreement upon Whty, (30) days' women ounce m the City— if either of the following occurs: 1. The MPO or the MaimPOT does not receive adequate funds to support the Project; or 2. Funds otherwise programmed for this Project are de -appropriated. A. The MaineDOT reserves the right to terminate the payment provisions of Article lB in the event of substantial default by the City, which is defined as my of the fallowing: L Failure to show satisfactory progress — as determined bythe MaimDOTProjectMmager— wiWn 18 months of being given authorization to proceed; 2. Use of Project funds for a purpose other than what is authorized by this Agreement; 3. Miampresentation or falsification of my claims submitted by the City formimbursemmt; 4. Failure W monitor adequately We quality of work and/or materials; 5. Breech of my material provisions of this Agreement. B. The MaineDOT shell notifythe City in writing within five (5) days of teaming of an event leading to a claim of substantial default If the City fails to take coaective action within fifteen (15) days of receiving notification, the P4mneWT may terminate this Agreement upon written notice to the City. CityofBanyor-Loral Project Agreement Page 5 of Hagan Road -W.LH. 19210.00 180 1. Upon receipt of such notice, the City and all consultants and contractors covered by this Agreement shall immediately cease work — except for any work minimal to protect public health and safety— and tum over to the MameDOT all Project record; and dome rammon within thirty (30) days ante effective date of such termination. ARTICLE VI. RE RD RETENTI IT A. AB printed and electronic Project records made by the City or its corsWtaut(s)shall W filed with the MameDOT upon completion of Ne work covered under this Agreement. B. 'ibe City and its consultands) shag maintain all books, documents, papers, accounting records and other evidence of costs incurred hereunder for five (5) years from the date of final reimbursement. V any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5 -year period, the records must be retained until completion of the action and resolution of all issues arising from it. C. The City and its tumultuous) shah allow aadmrized representatives of the State of Mame wall the Federal Govermrcnt to it spect and audit pertinent Project documents. Copies of requested dveumems shall be famished m no c(Wt. D. The City shall keep records in accordance with 48 CFR, Part 31,"Convact Cost Principles and Procedures;' and 49 CFR, Pan 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Luca) Govemmevta." E. Audits shall meet the "GevaaRy Accepted Government Auditing Standards" (GAGAS). ARTICLE VD. GENERAL PROVISIONS A. Laws and regulations All activities conducted pursuant to this Agreement shall comply with applicable laws and regulations, including but rot limited to the following: Tide 23 in the United States Code (USC) for statutory law and Title 23 in the Code of Federal Regulations (CPR) for administrative law. B. mdecendent capacity. When carrying out the provisions of this Agreement, the City, its employees, command, consultants and/or agents ate not acting as employees or agents of the MaineDOT. C. Indemvificatlov. To the extent permitted by law, the City shaft indemnify and hold harmless the MaineDOT, its agents and employees from all claims, suits or liabilities arising from any negligent or wrongful set, error or omission by the City, its consultants or mvtracNrs. Nodting bound shaft waive any defense immunity or limitation of liability that may be available under the Maim Tort Claims Act (14 M.R.S. Section 8101 m seq.) or any ad= privileges or intrunities provided by law. 1. ThispravisionshaGsumiveanytermiwr nmexpirvrionofihv Agreemm..RshCrandoin effective until specifically temdmred ormodified is writing by the parties to ids Agreement or negated by law. aW of Bangor- Local Pro)¢erAgreement Page 6 of Hogan Road - W.LN. 19210.00 130 D. Flow down All contracts between the City and any consultant, contractor or other third party shall contain or incorporate by reference all applicable provisions of this Agreement. E. Equal Emolovmem Onmmmity (EPA). The City shall comply whir applicable EEO requiremmta: 1. The City and its consultm[(s) shell not discriminate against any employee or applicant for employment regarding work under this Agmemew because of race, eelnt, religious creed, sex, national origin, ances ry, age or physical handicap undoes related to a bona fide occupational qualification. The City shall take ofimmtive action to ensure Had all such qualified applicants are employed and Nat all such employees are bemed without regard to their race, color, religious creed, sex, rumored origin, ancestry, age or physical handicap during any period of employment under this Agreement. Such action shall include, but not be Barred m: employment, upgrading, dennations, transient, rectuinnent, layoffs or emanations, rates of pay or other fonts of compensation, and selection far training and apprvroceships. The City shall post prominently in places readily available to all employees and applicants for such employment notices setting fault the provisions of this paragraph. 2. In all solicitations for employees placed by or for the City for work undenalan pursuant to this Agreement, the City shall state Nat au qualified applicants shall be considered regardless of rete, color, religious creed, sex, national origin, ancestry, age or physical handicap. 3. The City shall cause all of the foregoing equal employment opportunity previsions N be included in any contract for services or work under this Agreement so Non the provisions are binding upon each consultant—except for my contract for the purchase or supply of standard commercial supplies or raw contends. 4. The City, its contractors and consultants shall list all employment opportunities arising out of or attributable to the Project with the Maine Job Service, except for openings to be filled with personnel already employed within Nose organizations before the effective done hereof and not hired in anticipation hereof. P. Tbied-natty transference. The City shall not sublet, sell, transfer, assign or otherwise dispose of this Agreement or my portion of it without the written consent of the MaineDOT. No such disposal of this Agreement shall in any case release or relieve the City from my liability. G. The Parties further acknowledge and agree that: 1. Neither the City nor the MaineDOT shall be boundby my previous staemmr, corresponderee, agreement or representation not expressly contained beroin. 2. This Agreement is made and shall be construed under the laws of the State of Maine. 3. If my clause, section or provision is held be be invalid or unenforceable, that shill not affect the mine agreement, and the Parties shall negotiate anew clause, section or provision. City ofgaggor- f. acal Pm)ectAgreement Page l of Hogan Hand -WIN. 19210.00 _1 1;0 ARTICLE VOL TERMS OF AGREEMENT: AB provisions of this Agreement—except for Article VLB (records) and Article VILC (indemnification) —shall expire no more than four (d) years from the date of MameDOT's signature, unless otherwise modified by the paahes to Ws Agreement. ARTICLE IM APPROVAL A. Debammvt. By signing this Agreement, the City cues—to the best of its knowledge and belief—that it and its employees, agents amVor representatives associated with the Pmjcet 1. Aro not now debated, suspended, proposed far debarment, declared ineligible, or voluntarily excluded farm eligible in this transaction by my Federal or State agency; 2. Have not within the previous those (3) years been criminally convicted or had a civil judgment rendered against them—end are not now criminally or civilly charged — in correction with my of the following: a. Obtaining, atmmpfing m obtvn, or perfomdng a public (Federal, Store orlocal) transaction or contract under a public transaction; or b. Violating Federal or Sante antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 3. Have activation a3-yearpesiodpreceding this agrcementhadone mmorepublic transactions (Federal, Stare or lorep terminated for cause or default. B. If the CAty is unable to certify to my of the preceding statements in this Article M, the City shall mach an explanation to this Agreement. C. The City sources that it will not hire a consultant or contractor who is now debarred, suspended, proposed for debammnr, declared ineligible, or voluntarily excluded from covered transactions by my Fedwah or Star; agency. D. Municipal authorization The City represe rs that its legislative body has taken all steps ecesemy and lawful to approve the Project and the City's entry into this Agreement, has appropriated or authorized the use of my necessary, funds in connection with said City's participation herein and my financial obligations incurred hereby, and has further authorized the undersigned Municipal representafive(s) to execute this Agreement W WPCNESS WHEREOF, the parties have executed this Agreement effective on the dam last signed. City of Bangor Maine Deparhnent of Transportation By: By: Catherine M. Conlon, City Manager Joyce Noel Taylor, Director, Bureau of Project Development Dam: Dam: Chyofeangor- Local ProjectAyaement Poge8of9 Hogan goad - W.M..19210.00 APPENDIX A; FEDERAL FUNDING ACCOUNTAB6ITY AND TRANSPARENCY ACT The City of Bangor and its contractom may be subject to the provisions of the Federal FumBng Accountability awl Transparency Am (' FFATA') of 2006 as amended end my regulations, policies, procedures aM guidance documents adopted pursumt thuetn or in connection therewith. Because the Federal portion of the Project exceeds $25,000, the City shell sign this document under Paragraph (B) aM return it with flee Project Agreement and provide the following information, if applicable: A) The total compensation and names of the top five executives jf; • More than 8" of the City's armual gross revenues are from the Federal Cmvemmmn ad Those revenues me greater than $25 million annually; and Compensation information is not already available through reporting to the U.S. Securities and Exchange Commission (SEC). B) The Legal Name and DUNS®Number on File with the federal Central Contractor Registration m: Sign and Print Legal CCR Name DUNS Numbernt 01 The Central Contractor Regianation (CCR) is the primary registrant database for ted U.S. Federal Government. m The DUNS® Number is a unique nine -digit identification assigned and maintained solely by Dun & Bradstreet (D&.BL DUNS Number assignment is free for all businesses required to register with the US Federal government (sec # t above) for contracts or grads. Created in 1962, the Data Universal Numbering System or DUNS® Number is D&D's copyrighted, proprietary mems of identifying business entifies. City ofHag9or-Local ProJMAgmemene Page 9 of Hogan Road - WIN. 19210.00 ter SfXeAMSNo.: MaineDOTCSN: Maine IOT TEDOCNo.: Project Agreement Between the State of Maine, Department of Transportation And the City of Bangor Federal Project ACSW-1921(101pX, MameDOT WIN 19211.00 This Agreement is made between the Maine Department of Tramcpommon f'Yhe Mairse)01), as agency of Maine Smte Government with its headquarters on Child Street in Augusta, Maine, and a mailing address of 16 State House Station, Augusta, ME 04333-0016; and the City of Bangor ('the CRY%a municipal corporation and body politic with its principal administrative offices at 73 Harlow Street, Bangor, MB 04401. WHEREAS, the Project described herein was selected for funding and inclusion in the MaineDOT 2012-2013 Biennial Capital Work Par by the Bangor Area Comprelamsive Transformtlon System, the designated Metropolitan Planning Organization for the Bangor Urbanized Area ("the MPO,") located m 40 Harlow Street in Bangor, Maine; and WfaaREAS, this Agreement wasout the terms and conditions of the funding for the Project, as Inngcmnmed by the MPO and approved by the MaineDOT. NOW, THEREFORE, in consideration of the foregoing, the paries agree ns follows When used within this Agr«mem, the terms listed below shall be defined as follows: • Proluat: Resurfacing of a portion of Griffin Road, beginning at Kenduskeag Avenue and continuing 0.85 miles m Broadway ('the Project.") The work, to include repaving of the travel lanes and shoulders, shall be performed by or for the City and accepted by the MaineDOT. • ProjectCoordinator The person designated by the City to oversee all local responsildides. This person is the municipal liaison with the MaineIrM. • &akct Memo= The person designated by the Maim DOT to oversee all Sate responsibilities. This person is the Straw liaison with Ne City, ARTICLED PROJECT DEVELOPMENT A. AUTHORIZATIONS. The City must receive authorization from the MaiaeDOT bti�ff g performing work or procuring services under this Agreement. Any municipal costs incurred before such approval is granted shall be ineligible for reimbursement and shall not be credited toward the City's matching share. Additionally: 1. Changes m the Project xope or objectives shall regnire wriuen approval from the MPO and MafoeDOT. City ]Bangor- Local Pm)ectAgreemen0 Pagel f9 Grin Road WIN 19211.00 30 2. The qty shall not change my terns of this Agreement without written approval from the MWneDOT. B. BUDGET. Toot federally participating funding far the Project-mprogrammed byNeMPO- isDone Hundred Twenty -Six Thousand Five Hundred Four Dollars ($3M,5 4), and does City shall prepare a line -item budget for the MWneDOT's approval. 1. Once the Ma mDOT approves tee budget expenditures may rot exceed any single cast category or liwitem normal by more thin ten Percent (10%) without the MOEwO0T's approval, through achange or extra -work order. 2. Total federally participating casts shall net exceed the amount shown above (paragraph B) without Mom= approval from the MPO and the MaineDOT. C WORKPLAN. Upon receiving notice to proceed, the City shall submit. for MameDOT approval, a work plan and schedule briefly describing Trow and when it intends to proceed with the Project work. D. CONSULTANT SERVICES. The City may hire a consultant if necessary to peduco engineering and design services, as follows: 1. Aqualificmions-basedselectionprocessAObeused; 2. Nowntrmtshmlbeawardedwithout Meappmvalat eMWne OT;md 3. The mwtrecmt vemim aMameDOT'8 ComWrmr General CaMir m shall govem ml non -construction work. E. PLANS, SPECEIICATIONS, AND ESTIMATES. The City of its consultant shell prepare all plem, specifications, estimates, and counter documents, as follows: 1. Documents shall sombrero to applicable sections of the MameDOT Stanford Specifications and MaineDOT Standard Details, both from December 2002. 2. An such documents shall be submitted W the M rreDOT fm review and approval Wave the City requests auMorizauoa to solicit bids for construction. F. UTEATIES. Plans and specifications shall comply with the MaimDOT's Undiry Acrommodarian Policy (1]-229 CMR Chapter 210.) The City or its cograminnt shall comment, A[ matters regarding utilities, prepare ml documentation, end submt such documenmtlw ro the MaineDO'T for review beer g requesting anNorimmon W solicit bids for construction. G. The City or its consultrat shall obtain all approvals, permits and licenses necessary an out mart the Project. Copies Meath shall be provided to the Project Manager. H. F.N OlOIVIENTAL PROCESS. The City or its consultant "I prepare and submit to the MmneDOT for review ell required environmental studies dies and reports. The Maim UCT, in tum, shall submit m the Federal Highway Administration all documentation requited under the Nmiorol EnvircrememW Policy Act. L The City shallprovideforanypublic parricipationinthedevelopmentofthe Project eminently the MPOstaffandthe Maine TRjwtMmagerofmypublicmeetings. City lBamor- Local Project ggreeram t Pa0e2%9 GtO gn Road - WIN 19211.00 I 4 1.ao I. PROFF W ACQUISUION. If the Project reyuires acquisition of my property, the MaineDOT shall acquire all such property rights. K. ADVBRTISBANDAWARD.After verfiv the MM DOT. the Cityshall either solicit for competitive bids M utilize a `Force Aaoun[" process M cons[mmthe project, as described in Paragraph Lbelow. If acontractor is hired by competitive bid, Me City shall follow the process outlined below: 1. Bids shall be soliated in accomance wins the plans add specifications [hat Me NlWrAd T has approved. 2. The City shall follow Stale and Fadmal procurement policies and procedures, unless otherwise approved in writing by the fvfim DOT. 3. The City and the MaimAXW may accept or reject my and all bids. 4. The City shall not awned a construction contract without Me ManeDOT'swaften approval. 5. The contract shall specify that the Project comply with the MnloatOM's Standard SPecificadons (December 2002) and applicable special provisions. 6. Upon award, Ne City shall hold apreconstruction meeting involving Me MdineDDT's project Manager, Ne contractor, and At utilities and onser parties involved in Me Project. L FORCB ACCOUNT. V the City wishes to croswm Me Project wins mmriaper forces, the City first must Obtain written approval from Me MaineDOT. If auNonzed to use a "Force Account" process, Me City shall comply with applicable Federal regulations -23 CFR, Parts 635.201 to 635.205. M.CONSTRUCTION.Tim Cityshalledminiswnycommn oncontractandprovide Me supervision, inspection and documentation morwary to arsu d Ma Me Project is completed On Me Mane0 s satisfmtim in accordance wins the plena, specifications and provisions of Me contract, m follows: L The CRy'sP jest Coordinstororqualifeeddesignashalkres un blefor MeP jectat 0 mass. 2. The City shall use procedures acceptable to to Mane to document the quantity and quality of all wvswNan-related work perfonued under Mia Agreement. a. The City shall provide Me ManeDOT with weekly progress repons. b. All documentation shag be retained as provided under Article N. 3. The My shall provide for all marmas testing regulred fm the Pr*cL 4. Traffic in work zones shall be controlled in accordance wins Part VI of ties Federal Manual on Uniform Traffic Control Devices for Savers and Highways (MUTCD). 5. If applicable, the City upon completion And provide the MaineDOT wins a set of"as- built"plans on Mylar or equivalent archiver-quality matetier acceptable to Me MAmDOT, 6. Upon completion, Me City shall mainly that Me project was computed, quanfifies were measured and documented, and materials were tested in accordance wins Me, pins, specifications and provisions of Me consnvction mndzact, am in sounders, wide Me policies and procedures approved by ted Ma mI)M. O'ty fBangor- Local Project Agreement Pgge3of9 Gnffl n Road - WIN 1921100 N. INSPECTION. The MvineDOT may inspect construction activities and documeamnon-and teat my materials used -to ensure compliance with the construction contract. The MdueDOT may reject any work or materials not in such compliance. ARTICLE Ed. COST SHARING & REIMBURSEMENT A. MAWEDOT SHARE. The MafoeDOT- using funds programmed by the MPO-shelf be responsible for ninety percent (90%) of federally eligible Project costs, in Two Hundred Ninety -Three Thousand Eight Hundred Fifty-Three Dollars and Sixty Cents ($293,853.60, or 90% of $326,904). For proposes of audit, the Maho)OC's share shall consist athe following: • Fedwalfundiag-$MtM3.20,or80%of$326,504. • Summoning -$ 32,650A0, M l0%of $326,504. B. CITY SHARE. The City shelf be responsible fm run percent (]0%) of fM mlly eligible Project costs, ivcludivu its share of vrmiect-r& W costs incurred by We MaineDO'T w described in Paragraph C below. UMerthis Agreement, the City's matching share is Thirty-Two Thousand Six Hundred Fifty Dollar and Pony Cents 432,&%^ or 10% of $326,504.) L The City elm shall be responsible for all costs deemed ineligible for Federal participation ad a] costs exceeding Them Hundred TweatySix Thousand Five Hundred Four Dollar ($326,504) undess otherwise approved in writin by the WmJ)OT and the IMO. C. MAINEDOT COSTS. All costs incurred by MaineDO'1' penounel in the development and oversight of the Project shall be accounted for with Project fands. Such costs may include, but ge not limited to: preliminary engineering, survey, environmental support, dghto -way support, final design reviews, construction engineering, and mdit. D. RENIBIIRSEMENT. The MetneDOT shall reimburse the City for the Federal and Stare shares of eligible Project costs, as set forth in Paragraph A. 1. The City shall bill the MamIDT no mare frequently than monthly, as follows: • Claims shall be submitted on the City's billhead and reference WIN 19211.00. Each invoice shall contain an itemized account of expenditures consistent with the • line-item budget required in A iclelLB. Backup documentation and proof of paymmrs made must mcompmy, each invoice. • Each invoice shall have an accumulative told by coat category or budget line item, and abmakdown of the MeineDOT's and City's shares of mol costs. • Fach claim shelf include a sediment firm the aphot Coordinator that at amounts claimed are correct due and amt claimed previously, and that all applicable work was performed in accordance with the temss of this Agreement. 2. Bless Olin One Thousmd Doliam($1,000)inr6mbmsablecws isimc ,the Cityshall defer my such claim unfit the next monthly billing period in which at least One Thousand Dollars ($1,000) in such costs is incurred or until City submits its fired claim. City o/Bangor- Loral ProjertAgreemmt Page4of9 Crffn Road -WIN 19211.00 E. The ItaineDOT reserves the right to recover any payment an me City for any action or activity Met subsaluently becomes ineligible for Federel participation. The MaineDOT shall have the additional remedy Of witMolding future Project-relaid reimbursements to the qty. F. The Mam<DOT also may recover by any legal memos any paymemt fount to have sameen farm errors, omissions or Moves by the City to num professional standards of coushuction engineering and inspection. The MaineDOT shall promptly nosily the City aany such claim and give the qty full opportunity to (latent WXAE If it is lata determined Nat any such reduction was made emormusly, the MaMwDOT shall Promptly repay my amount so rduosi. G. Once the MaiateDOT has gold the ply's final chum or otherwise closest out the Priest, any remaining FederabState fords in Ne Project shall go back to the MPO for reprogramming. ARTICLE IV NON-APPROPRIATION A. Notwithstanding my oNaprovision of this Agreement, the tr*DOT mail be releasul from iuobhgadmtomdepaymenttowardtheP ject_mdshullmrmimte Nis Agmemmtupon thirty (30) days' written notice to the City-if either ache following occurs: 1. The MPOortbe Maine Mdoesnotreceiveadequatefundatosuppm Ne Projector 2. Fundsomerwiseprogmmmdfmth Projectarede-appropriated. ARTICLE V. TERMINATION AND DEFAULT A. The Maine reserves theright to termhiau me payment provisions of Article Dl in the event of substantial default by the City, which is defined many of the following: 1. Failure W show satisfactory Progress- asdetermierl by The MaineDOTPrrjectManager - within 18 months of being given humanization to pressed; 2. Use of Project funds for a purpose other Man what is amhorized by this Agreement: 3. Misrepresentation orfalsification of any claims submitted by me City for reimbursement; 4. Failure W monitor adequately the quality of work and/or materials; 5. Breach of my material provisions a this Agreement. B. The MaineDOT shall notify the City in writing within five (5) days of lassoing a an event leading to a claim of substantial default. If the qty fails to take corrective moon within fifteen (15) days a receiving notification, the MaimeDOT may terminate this Agreement upon written notice to the qty. 1. Ups of such notice, the City wall all consultants and contmtans covered by this Agreement shall unconsciously cease work - except for my work required b protect public health and safety- ant tum over to me avfi& OT alt Project records and docameatation witldn thirty (30) days of the effective dare of such termination. 2. Anymmaming Projmthu shallgobacktomehMinm Mr ewith Article M.G. City aflianyor-Local ProlecwAgreement PageS f9 Griyfln Road - WIN 19211.00 _1 ?30 ARTICLE N RECORD RETENTION ACCESS & AUDIT A. All printed untl electronic Projectrecords made by the L7ty or its consulmnr(s)sball be Cild with the MaineDOT upon completion of the work covered under this Agreement. R. The City and its consultant(s) shall maintain all books, documents, papers, accounting records and other evidencs of costs incurred hereunder for five (5) years; fmm the dam of final reimbursement. if my litlgation,chum. negotiation, audit or otber action involving the records has been started before the expiration of the 5 -year period, the records must be retained unfit completion of the notion and resolution of all issues arising from it. C. The City and its coruulmnt(s) shall allow authmiud representatives of the Sure of Maine and the Federal Government m inspect and audit pertinent Project documents. Copies of requested documents shall be fum med a no cast. D. The City shall keep records in accordzaco with 48CFR, Pont 3 L'Contract Cost Principles and Pmcmmtns," and 49 CFR, Pan 18,'TJmform Administrative Requirements for Gramm and Cooperative Agreements to State and Local Governments." E. Audita shall meet the 'Kim ma [y Accepted Government Audifint; Standards" (GAGAS). A. laws and regulations. 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 Stama Code (USC) for stammry law and Title 23 in the Code of Fedmal Regulations (CFR) for administrative law. B. Imm endenr ca mJW. When carrying out the provisions of this Alomment the City, its employees, contractors, consultants aud/or agents am not acfing as employees or agents of the MaimeDOT. C. Indemnification. To the extent permitted by law, the City shall indemnify and hold harrdms me MaineMT, its agents and employees from all claims, suits or liabilities string from any negligent or wrongful net, error or omission by the City, its consultants or contractors. Nothing herein shall waive any defense immunity or Inclusion of liabil0y Wt may be available under the Maine Ton Claims An (14 M.R.B. Section 8101 a seq.) or any other privileges or immunities provided by law. 1. Thvprovision shall survive any termiwrion orespiration of[his Agreement R shall remain effective until specifically tennhi and or modified in writing by the parties to this Agreement or negated by law. D. El w�. All contracm between the City and my consultant, contractor or other addi patty shell contain or mceptame by amoence all applicable provisions of this Agincourt. E. Emad Emploympat Ourona_(EEO). The City shall comply with applicable EEO requiremenm: City olBaWor- LoculerourctAgnmment page 6 qF9 Gn fln Road - WIN 19211.00 4 '1180 1. The City and its consultant(s) shall not discriminate against any employer orapplicant for employment regarding work ander this Agreement because of race, color, religious creed, sex, national origin, ancestry, age or physical hauNcep unless related to a bora fide ecupadonal qualification. The City shall take afrstarive action to ensure Naz all such qualifed applicants are employed and that at such employees are ceacd without regard to their race, color, religious creed, sex, national origin, ancestry, age or physical handicap daring any posted of employment under this Agreement Such action shall include, but not be limited to: employment upgrading demotions, traosfms, recmitment layoffs or terminations, rams of pay or other to= of compensation, and selection for training and apprenticeships. The City shall past prominently in places readily available not all employers aM applicants for such employment notices seeing forth the provisions of this paragraph. 2. In all solicitations for employees placed by or for the City for work undertaken pursuant to this Agreement the City shall Stara that all qualified applicants shall be considered regaNless of race, enter, religious creta, sex, national origin, ancestry, age or physical bandicap. 3. ne City shall cause all of the faregoingequal employment opportunity previsions to be included in any contract for services or work under Nis Agreement so that the provisions aro binding upon each consultant -except for any cassact for the purchase or supply of standard commercial supplies or raw materials. 4. no City, its contractors and consultants shall list ail employment opportunities arising out of or attributable m the project with the Maine Jeb Smite, except for openings to be filled with personnel ahedy employed wiWn Nose organizations before the effective data hereof and not hired in anticipation hereof. F. Third -oozy conference. The City shall not sublet, sell, caosfm, assign or otherwise dispose of Nis Agreement or any portion of it without the written consent of the MaiteDO(F. No such disposal of this Agreement shall in any case release or relieve the City from any liability. G. The parties further acknowledge and agree that: L Neither the City me the Marinelli shall be bound by any previous statement correspondence, agreement or representation not expressly contained herein. 2. This Agreementismdeendshatlbe a edunderthelawsofthe Stateof Maio. 3. If any clause, section reprovision is held m be invalid or uneNbrceable, that shall not affect the entre agreement and the Paries shall negotiate a new clause, section or provision. ARTICLE VIII. TERMS OF AGREEMENT All provisions of this Agreement -except for Article VI.B (records) and Article VJLC (indemnification) -shall expire no more Man four (4) years from the data of MaimEW's signature, unless otherwise modified by the parties in this Agement Oxy ofBangur- Loral ProjeetAgre,ment pope 7 of LNfjln Road -WIN 19211.00 'so ARTICLE M APPROVAL A. 1khoullent. BY signing this Agreement, the City roulades - to the best of its knowledge and Mid -then it end its employees, agents and/or representatives associated with the project I. Are not thw debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from eligible in this automation by any Rxhdal or Stare agency; 2. Have not within the previous three (3) yeam bun criminally convicted or had a civil judgment rendered against them - and are not now criminally or civilly charged -in mrmution with any of the following: a. Obtaining, attempting to obtain, or performing apublic (Federal, Stare or local) transaction or mourn t under apublic transedon; or b. Violating Federalor Smtenntiwststaturesorcommissionofembezzlementtheft, forgery, bribery, falsification or destruction of records, making false smrements, or receiving stolen property. 3. Havenotwithina3-yuperiodpreuding Wsagreementhadoneormorepublic transactions (Federal, State or local) terminated for cause or default. B. If rhe City is unable to reunify to any of the preceding statements th this Article IX, the City shall attach an explanation to this Agreement. C. IIw City agrees that it will not hhe aconsultant or contractor who is now debarred, suspended, proposed far debarment, declared ineligible, or voluntarily excluded from covered trunsxtiorm by any Federal or Same agency. D. Municipal aathorizaion.Me City represents Naz its legislative body has taken all steps necessary and lawful to approve the Project and the City's may into this Agrument, hes appropriated or authorized one use of any necessary funds in connection with said Citys participation herein and any financial obligations incurred hereby, and has tanner authorized the undersigned Municipal represenmtive(s) to execute this Agreement. W WITNESS WHEREOF, the Parries have executed this Agreement effective on the date that simed. City of Bangor Maine Department of Taansportation By: By: Chthesine M. Conlow, City Massager ,Joyce Noel Taylor, Director, B urease of Project Development Dale: Date: MY fHangar- Local PrvjecrAgreement Pam8ofu G fn Road-WIN19211.00 L! t8O APPENDIR A; FEDERAL FUNDRVG ACCOUNTABTLM AND TRANSPARENCY ACL The City of Bangor and its comrectom may be subject to the provisions of the Federal Fending Accountability ant Transparency Act ('TFATA') of 2006 as amended and my regulations, polities, procedures and guidance documents adopted forward thereto or in connection themwith. Because the Federal porton of the Project exceeds $25,000, the City shag sign this document oder PsmlPtOr (B) and return it with the Project Agreement and provide to fo0owing Information, if applicable; A) The total compensation ant names of the cop five executives & • Moredran80%0fthe Oty'sv ual8ro mvenuesarefrom Ne Fedual Govemment;pnnd • Thoserevenues are greater tho$25 million aoually; ad • Compensation infommdon is nor already available through reporting to the U.S. Securities end Exchange Commission (SEC). B) The Legal Name and DUNeNumbe on File with the federal Control Contractor Registration (1); Sign and Print LegsI CCR Name DUNS®Numbec�� (1)The Crowd Commuter Registration(CCR)is the primary registrant database for the U.S. Fedemi Government. to The DUNS® Number is a Urbino nine -digit identification assigned and maintained solely by Dun & Bmdstrxt (D&B). DUNS Number assignment is free for all businesses required to register with the US Federal govemmem (son It 1 above) for contracts or grants. Created in 1962, the Dan, Universal Numbering System ar DUNS® Number is D&B's copyrighted, propnetary, means of idmtltymi; business entities. City ofBangor- LocalProJ¢RAgreement Page f9 B fn Road WIN19211.00 State AMS No.: MWWDOT CSN: Maene 10T TEDOC No.: Project Agreement Between the State of Maine, Department of Transportation And the City of Bangor Federal Project AC -STP -1901(400)X, MaimeDOT W.I.N.19014.00 This Agreement is made between Ne Maine Department of Transportation ("the MaineDOT), so agency of Maine Slane Government with its headquarters on Child Street in Augusta, Maine, and a mailing address of 16 State House Station, Augusta, MB 04333-0016; and the City of Bangor ("the City"), a municipal corporation and body panic with its principal adminislydfive offices at 73 Harlow Street, Bangor, ME 04101. WHEREAS, the praiser described herein was funded and selected for inclusion in the MeineDOT 2012-2013 Biennial Capital Work Plan by the Bangor Area Comprehensive Transportation System ('the MPOO%the designated Metropolitan Planning Organization for the Bangor Urbanized Area, located a 40 Harlow Street in Bangor, Maine; and W1fl:REAS, this Agreement sets out the terns and conditions of the funding for the Project, as programmed by the MPO and approved by the MoineDOT. NOW, THEREFORE, in consideration of the foregoing the paries agree as follows: ARTICLE L DEFESITIONS When used within this Agreement, the teens listed below shall be defined as follows: • ho ect. Resurfacing of a portion of Odlin Road, beginning at Amro hWustrial Park and extending northerly for 0.42 of a mile in the intersection of Interstate 395 and Outer Hammond Street ('the Project") The work shall consist of a mill -and -fill hour Ammo Park to the railroad tracks and an overlay from the tacks to the I-395 intersection, to be performed by or for the City and accepted by the MaineDOT. • Eal W Coordinator. The person deragoared by the City m oversee all local responsibilities. This person is the municipal liaison with the MaineDOT. • Project Manager The person designated by the MaineDOT to overset all Some responsibilities. This person is the State liaison with the City. A. AUTHORIZATIONS. The City must receive authorization from the MaineDOT 4efo[s performing work or procuring services under d0s Agreement Any municipal cosh incurred before such approval a granted shall be inelieible for reimbursement Additionally: O'ty of Bangor -Meet Project Agreement Page I of Onium Road -W.LN. 19014.00 L Changes to the Project scope or objectives shall require written approval from the MPO and MaineDOT. 2. The City shall not change any terms of flus Agreement without written approval from the Mainel)OT. B. BUDGET. Total federally participating Projectfunding — as programmed by the MPO—is One Hundred Ninety Thousand and Twenty -Five Dollars ($190,025), and the City shall prepare a linwiitem budget for the MaineDOT's approval. 1. Once the MaineDOT approves the budget, expenditures may not exceed any single cost category or Me -item amount by more than ten percent (10%) without the MeineDOT's approval, through a change or extra -work order. 2. Total federally participating costs shall not exceed the amount shown above (Paragraph B) without wroman approval from the MPO and the MaineDOT. C. WORK PLAN. The City shag submit, for MaineDOT approval, a work plan and schedule briefly describing how and when it intends to proceed with the Project work. D. CONSULTANT SERVICES. The City may him a consultant if necessary to perform engineering and design services, as follows: L Aqualificarioru-based selection process shall be used; 2. No contract shall be awarded without the approval of the MaineDOT; and 3. The mastrecent version of MainDOT's Comubmt General Condirioar, shall govem sh non-commaction work. E. PIANS, SPECH ICAT/ONS, AND ESTIMATES. The City Or its consultant shall prepare all Plans, Specifications, estimates, and contract documents, as follows: 1. Do menR shall conform to applicable sections of the MaineDOT Stallard Specifications and MsineDOT Standard Details, both from December 2002. 2. All such documents shall be submitted m the MahmDOT for review and approval before the City requests authorization m solicit bids for constmction. F. UTILITIFES. Flans and specifications shah comply with the MameDOT's Utility Accommodation Policy (1]-229 CMR Chapter 210.) The City or its consultant And contribute A mothers regarding utilities, prepare all documentation, and submit such documentation to the MsumeDOT for review before requesting suthorization to solicit bids for construction. G. The City or its consultant shall obtain aR approvals, permits and licenses necessary to construct the Project. Copies of each shall be provided to the Project Manager. H. ENVIRONMENTAL PROCESS. The City or its consultant And prepare and submit to the MmneDOT for review all requral environmental studies and repots. The MaineDOT, in tun, shall submit to the Federal Highway Administration ell documentation required under the National Bhvtronmened Policy Act. City of Sensor -Local ProjectAgreemen[ Page2of9 Odlin Road -W.M.. 19014.00 1. The City shall provide for any public participation in the development of the Project and shall and notify the MPO and the MaiueDOT Project Manager of all public meetings. I PROPERTY ACQUISITION. If the Project requires acquisition of property, the MaineDtTT shall acquire all such property rights. K. ADVERTISE AND AWARD. After recelving ancroval from diets' DOT the City shall either solicit for competitive bide or earlier: a "Farce Account" process he construct the project, as described in Paragraph Lbelow, Ha contractor is hired by competitive bid, the City shall follow the process outlined below: 1. Bids shall be solicited in accordance with the plans and specifications that the MahmDOT has approved. 2. The CBy shall follow State and Federal procurement policies and procedures, unless otherwise approved in writing by the MaincDOT. 3. The City and the MalneDtTT may accept or mject any and all bids. 4. The City shall not award a construction contract without the MzfneDOT's wi tmr approval. 5. The contract shall specify than the I'miect comply with the IwDOT's Standard Specifications (December 2002) and applicable special provisions. 6. Upon award, the City shall hold a prectr structom meeting involving the MaineDO'T's Project Manager, the c armactm, and all utilities aM other parties involved in the construction. L FORCE ACCOUNT. Ifthe City wishes to concoct the Project with municipal forces, the City fiat must obtain we= approval from the MaineDOT. If authorized to use a "Force Account" Process, the City shall comply with applicable FNeral regulations -23 CFR, Pams 635.201 to 635.205. M. CONSTRUCTION. The City shall administer any construction contract and provide the supervision, inspection and documentation necessary to ensure that the Project is completed to the MaiuDOT's satisfaction in accordance with this plans, specifications and provisions of the contract, M follows: 1. The City's Project Cwrdinatar Or qualified designee shall bs responsible for the Project at all times. 2. The City shall use procedures acceptable to the MaiuDOT to document the quantity and quality of at construction -related work performed under this Agreement. a. The Lily shall provide the MaineDOT with yrs progress repaa. b. All documentation shall be retained as provided under Article W. 3. The City shall provide for all materials noting required for the Project. 4. Tmffic in work zones shag be wnhoUe in accordance with pmt VI of the Federal Highway Admiwsaabon's Manual on Umform Traffic Control Devicesfor Streea and Highways (MUTCD). atyof@amor- Local PmlecrAgmemenr Page 3 of Who Road -W.6N.19014.00 S. Upon completion, the City shall provide the MaineDOT with a ad of "as -built' plans ov Myler or equivalent archival -quality mmerial acceptable an the MaineDOT. 6. Upon completion, the City shall terrify 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 procedims approved by the MaineDOT'. N. INSPECTION. The MaineDOT may inspect construction activities and documentation — and test any materials used— to ensure compliance with the construction contract. The MaineDOT may tracer any work or materials not in such compliance. ARTICLE ID COST-SHARING & REIMBURSEMENT A. MAINEDOT SHARE. The MaineDOT— using fonds programmed by the MPO—shall b, responsible for musty percent (90%) of federally eligible project coats, or One Hundred Seventy -One Thousand Twenty -Two Dollars and Fifty Cents ($1]1,02230, or 90% of $190,025). For auditing purposes, the MaineDOT's share shall consist of the following: • Federal funding—$152,020.00, or 80% of $190,025. • State funding — $ 19,002.50, Or 10% of $190,025. B. Cl]T SHAKE. The City shall be responsible per ten percent (10%) of eligible project costs, Includina its share f [-sail ted ands incurredb the eDOT as described in Pamgmph C below. Under this Agreement the City's matchang share is Nineteen Thousand Two Dollars and Fifty Cents ($19,002.50, or 0% a$190,025.) 1. The City 080 shall be responsible for all costs deemed ineligible for Federal participation aM all costs exceeding One Hundred Ninety Thousand Twenty -Five Do)lara (190,025) unless otherwise approved in writint by she MameTIOT and the MPO. C. MAINEDOT COSTS. All costs incurred by hdaineDOT personnel in the development and oversight of the Project shall be accounted for with Project funds. Such costs may include, but are not limited to preliminary engineering, survey, environmental support, right-of-way rapport, final design reviews, concoction engineering, and audit. D. REIMBURSEMENT. The Mainel shall Mindaurse the City fm We Federal and State shares of eligible Project costs, as ser forth in Paragraph A. 1. The City shall bill the MaiveDOT no more frequently thein monthly, as follows: • Claims shall be subnormal on the City's billhead said reference W.I.N. 19014.00. • Esch invoice shall contain an itemized account of expenditures consistent with the line -item budget rttpilred in Article R.B. Backup documentation and proof of payments made must accompany each invoice. • Each invoice shall have an accumulative tool by cost category or budget line item, and a breakdown of the MaineDOT's and City's shares of toted ends. • Each claim shall include a shmargait from the Purism Card' Nat 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. Gy Offender - Local RnuecaAgreement Page4of9 (adl(n Raad-W.LN.1901400 2. If less than One Thousand Dollars ($1,000) in reimbursable costs is incurred, the City shall defer any such claim until the next monthly billing period in which at least One Thousand Dollars ($1,0(10) in such costs is incurred or until City submits its final claim. E. The MuineWT reserves the right to recover any payment m the City for any action or activity that subsequently becomes ineligible for Federal funding, The Main tDOT shall have the remedy Of withholding future Project -related reimbursements to the City. F. The MaineDOT may recover any payment found to have arisen from errors, omissions or failures by the City to meet pmfessiooal standards of construction engineering and inspection, through reductions in future reimbursements or by any other legal means. The MaineDOT shall promptly notify the City of any such claim and give the City fall opportunity to defend itself. If it is later determined that any such reduction was trade erroneously, the MaineDOT sha8 promptly repay any amount so reduced. O. Duce the ManeDOT has paid the City's final claim crotherwise closed out the project, my remaining Federal and State funds shall go back m the MPO for reprogramming. ARTICLE IV NON -APPROPRIATION A. Notwithstanding any other provision of this Agreement, the MaineDOT' shall be released from its obligation to make payment toward the Project - and shall terminate this Agreement upon thirty (30) days' written notice to the City- if either of the following otca s: 1. The MPO or the MaOel)OT does not receive adequate foods to support the Project; or 2. Funds otherwise pmgremmed for this Project are de -appropriated. ARTICLE V TERMINATION AND DEFAULT A. The MaineDOT reserves Ne fight to terminate the payment proviamas of Article lD in the event of substantial default by the City, which is defined as: 1. Failureto show satisfactory progress, as demanded by the MaineDOT Project Manager, within 18 mouths of being given auNodzation to proceed. 2. Use of project funds for a purpose other than what is authmved by this Agreement; 3. Misrepresentation or falsification of any claims submitted by the City for reimbursement; 4. Failure to Manor adequately the quality of work armoe materials; 5. Breach of any material provisions of this Agreement, B. The MaineDOT shall notify the City in writing within five (5) days of learning of an event leading to a claim of substantial default. R Ne City fails to take corrective action within fifteen (15) days of receiving notification, the MaWeDOT may terminate this Agreement upon written notice to the City. Olyofeanpor- Local PmjectAgreement Pope 5of9 Odlin Raaf -W.M.. 19014.00 so 1. Upon receipt of such notice, the City and all consultants and contractors covered by this Agreement shall immediately cease work—except for my work regWred to protect public health and safety — and tum over to the MakwDOT all Project records and documentation widen Hhiy (30) days of the effective date of such nomination. ARTICLE VI. RECORD RETENTION ACCESS & AUDIT A. All printed and electronic Project records made by the City or its consultant(s)shall be filed with the Mmne1)OT upon completion athe work covered under dus Agreement. B. The City and its consultant(s) shall maintain all books, documents, papers, accounting records and other evidence of costs incurred hereunder for five (5) years from the date of final reimbursement. If my litigation, claim, negotiation, audit or other action involving the records has been stared before the expiration of the 5 -year period, the records must be retained anvil completion of the action and resolution of all issues arising from it. C. The City and its consultan[(s) shall allow mthorized representatives of the State of Maine and the Federal Government to inspect and audit pertinent Project documents. Copies of requested documents shall be famished at an cost. D. The City shall keep records in accordance with 48 CFR, Pont 31,"Contruct Cost Principles and Procedures," and 49 CFR, Part 18, "Uniform Admivuhative Requirements for ('hours and Cooperative Agreements on State and Local Governments." E. Audit shall meet the "Generally Accepted Govermnent Auditing Stmdardle (GAGAS). ARTICLE VD. GENERAL PROVISIONS A. Laws and reemations. All activities conducted pursumt 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) for smarmy law and Title 23 in the Code of Federal Regulations (CFR) for administrative law. B. Independent capacity. Vilmn carryhr6 out the provisions of this Agreement, the City, its employees, contractors, consultants and/or agents are not acting as employees or agents of the MaineDOT. G indemnification. To the extent permitted by low, the City shall indemnify and hold harmless the MaineDOT, its agents and employees from 0 claims, suits or liabilities arising from my negligent or wrongful act, enor or omission by the City, its consultants or connections. Nothing boom shall waive any defense immunity or limitation of liability Heat may be available under the Maine Tort Claims Act (14 M.R.S. Section 8101 or seq.) or my other privileges or humanities provided by law. 1. Vesprovision shall survive any termbmuion or expiration of this Agreement It shall remain effective until specifically teammate or modified in writing by the paries to this Agreement or negated by law. City feamor- Local PrrJectAgrecment Page 6 of Min Road WIN, 19014.00 D. Flow down. All contracts between the City and any consultant, contractor or other third perry shall contain or incorporate by reference all applicable provisions of [Itis Agreement. E. EauadEmployment Oovortunity (EEO). The City shall comply with applicable E requirements: 1. The City and its consultsnt(s) shall not discriminate against any employee or applicant for employment regarding work under the Agreement because of race, cola, religious creed, sex, national night. ancestry, age or physical handicap unless related to a bona fide occupational qualification. The City shall take affirmative action to ensure that all such qualified applicants are employed ant that all such employees are trrated wide" regard to their race, color, religious creed, sex, national origin, ancestry, age or physical handicap during my period of employment under this Ageement. Such action shall include, but not be limited W: employment upgrading, demotions, numbers, recommend, layoffs or terntinations, razes of pay or other forces of compensation, and selection for coming and apprenticesldps. The City shall post prominently in pieces readily available to all employees and applicants for such employment notices string form the provisions of the paragraph. 2. In all solicitations for employees placed by or for the City for work undertaken patsaant to Nis Agreement, the City shall state that all qualified applicants shall be considered regardless of race, color, religious creed, sex, national origin, ancestry, age or physical handicap. 3. The City shall cause all of the foregoing equal employment opportunity provisions to he included in any contract for services or work under this Agreement so that the provisions are hinting upon each consultant — except for any contract for the purchase or supply of standard commucial supplies or mw materials. 4. The City, its contsmom and consultants shall list all employment opportunities arising out aor attributable to the Project with the Maine fob Service, except fm openings to be filled with personnel already employed within those organizations before the effective date hereof and not hired in anticipation hereof. F. TItiW-yam transference. The City shall not sublet, sell,transfer, assign or otherwise dispose of this Agreement or any portion of it without the written consent of the MeineDO'p. No such disposal of this Agreement shall in soy case release or relieve the City from any liability. O. The Probes further acknowledge and agree that: 1. Neither me City nm the MeineDOT sball be bound by any previous statement, conespondence, agrecmew or represernation not expressly mounted herein. 2. This Agreement is made and shall be construed under the laws of the Stam of Maine. 3. If any clause, section or provision is held to be invalid oruvevforceable, met shall not affect the entire agreement, and the Parties abet negotiate a rew clause, section or provision. tiryafBumper -Local project Agreement Pa0e7of9 Who Road-W.I.N. 19014.00 1` 180 ARTICLE VHL TERMS OF AGREEMENT: All provisions contained herein — except for Article VLB (records) aM Article VD.0 (indemnification) —shall expire no more than four (4) years from the date ofMamaDOT's signature, unless otherwise modified by the parties to this Agreement. ARTICLE IX. APPROVAL A. Debenture By signing this Agreement, the City certifies— to the beat of its knowledge and belief—Nat it and its employees, agents and/or representatives associated with she Project: 1. Are not now debarred, suspended, proposed fir debarment, declared ineligible, or voluntarily excluded from eligible in this transection by any Federal or Stam agency; 2. Have not within the previous dmee (3) years been criminally convicted or bad a civil judgment rendered against them —and are not now commonly or civilly changed — in connection with any of the following: a. Obtaining, attempting in obtain, or performing a public (Fedenu, Slam or local) transaction or comma under a public transaction; or b. Violafing Fedemlor Smtemdt ststatuesorcommiaMonofembezzlement,Neft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 3. Havenotwithin a3-yearperiod precedingthis agreementhad one ormore public transactions (Federal, State or local) terminated for cause or default. B. If the City is unable to certify to any of the preceding statements in iris Article a, da Cly shall attach an explanation to this Agreement. C. The City 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 Sora agency. D. Municipal authorization. The City represents that its legislative body has taken all steps necessary and lawful to approve the Project and the City's entry into this Agreement, has appropriated or authorized the use of any necessary funds in connection with said City's participation herein and any financial obligations incurred hereby, and has further authorized the undersigned Municipal representative(s) to execute this Agreement. IN WITNESS WIIEREOF, the Parties have executed this Agreement effective on the date last signed - City of BANGOR STATE OF MAINE Deparlmenlof Tramsporlafion By: By: Catherine Dl Contour, City Manager Joyce Noel Taylor, Distorter, Bureau of Project Development Dart: Date: City o(Bangor-Local Pro/ecrdgrezmenr Page B of Odlin Reed -W.M..19014.00 '.! 180 APPENDIX A: FEDERAL FUNDING ACCOUNTABD.ITY AND TRANSPARENCY ACT The City of Bangor and its commacca s may be subject to the provisions of the Federal Funding Accountability and Transparency Act ("FFATA") of 1906 as amended aM any regulations, policies, procedures and guidance documents adopted pursuant therein or m cormection therewith. Because the Formal potion of the Project exceeds $25,000, the City shall sign this document under Paragraph (B) and mmrn it with the Project Agreement and provide the following information, B applicable: A) The total compensation and names of the rap five executives if: • MoreN Mofthe Uty'smmualgmssmvenumsa mike Federal Govemmmt;md • nmemmummgrrmerdhan$25mihionannuaLLy;a=d • Compensation information is not already available tvough reporting to the U.S. Securities and Exchange Commission (SEC). B) The Legal Name and DUNS®Number on File with the federal Central Contractor Registration aa: Sign and Print Legal CCR Name DUNS Numbuco m The Central Contractor Registration (CCR) is the primary registrant database for the U.S. Federal Government. (2) The DUNS® Number is a unique nine -digit identification assigned and maintained solely by Dun & Bradstreet (D&B). DUNS Number assigmmnt is fru for all businesses required to register with me US Federal government (see 91 above) for contracts or grants. Created in 1962, the Data Universal Numbering System or DUNS® Number is D&B's copyrighted, proprietary came of identifying business entities. aiy Of Bangor-1,mW7roject Agreement Page9of9 Odlin Road -W.LN. 19014.00 16 MaineDOT StmeAMSNo.: TEDOCNo.: Project Agreement Between the State of Maine, Department of Transportation And the City of Bangor Produced Project AC4iTP-1943(000)X, MaineOOT WIN 19437.00 z»r, This Agreement is made between the Maine Department of Transportation ("the MaiooDOT), an agency of Meme Stam Government with its headquarters on Child Street in Auguste, Maine, and a mailing address of 16 Stam House Station, Argues, MB W333-0016; and the City of Bangor ('the City"), a municipal corporation and body potidc with its principal administrative offices at 73 Harlow Sneed, Bangor, MB 044H. WHEREAS, the Project described herein was sWected for funding and inclusion in the MaineDOT 2012-2013 Ending Capital Work PUm by the Bangor Area Comprehensive Transportation System, de designated Metropolitan Planning Organization for the Bangor Urbanized Area ("the MPO,") located at 40 Harlow Street in Burger, Maine; and WHEREAS, this Agreement sets out the terms and conditions of the funding for the Pmject, as programmed by the MPO and approved by this MaineDOT. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows When used within this Agreement, the tomo luted below shall be defined as follows: • Pro'eet. Improvements to Has intenection of Union and Hammond streets into City of Bangor ("the Project'9 The work -installation of a video traffic detection system, pedestrian signal poles, redounds countdown signal heads, and push bottom - shall be perfonned by or for the City and accepted by the Meinel)OT. • Protect Contributor The person designated by the qty to oversee all local responsibilities. This person is the municipal liaison with the MaineDOT. • Project Manaeer. The person designated by the Maln"T to oversee all State responsibilities. This person is the Same liaison wifi the City. A. AUTHORIZATIONS. The City must receive authorization from the MaineDOT jer= performing week or procuring services under this Agreement. Any municipal wits incurred Wave, such approval is granted shall be mailable for reimbursement and shall not be cooled toward the City's matching share. Additionally: City fBamgmr- 6rcul ProjectAgreemmu Pagel o/9 Imion/Hammond-WIN 19437..00 '80 1. Changes he me Project smile Or objectives shall Verlaine written approval from the MPO and Mainell T. 2. The City shall not change any terns of this Agreement without written approval from the Mame T. B. BUDGET. TOW federally participating funding for meProject -asprogrommedbytheMPO- is Seventy -Two Thousand Eight Hundred Fifty -Font Dollars (672AM), and the City shell prepare a lincitem budget for the Malmo yT's approval. 1. Once the MWn¢DOT approves the budget, expenditures may not exceed any single cost category Or BaNvitmn amount by more than con percent (10%) without the MaineDDT's approval, though a change or extra -work order. 2. TOW fedemllY Participating costs shall notexceed the amount shown above (Paragraph B) without written approval from the MPO and the MehseDOT. C WORKPLAN. Upon receiving notice to percent, to City shall submit for MWneDOT approval a workplan and schedule briefly describing how and when it intends to proceed with the Project work. D. CONSULTANT SERVIM. The City may hire a consultant if necessary he perform engineering and design services, as follows: 1. Aqualifications-based selection process shall he used; 2. No contract shall be awarded without the approval of the MWueDOT;and 3. The mostrecent version of MaineDOT's Cowuttant Ceneml CoMitiou shall govern all non -construction work. E. PLANS, SPECIFICATIONS, AND FSTIMATES. The City or its consultant shall prepare all plans, specificationa, esfimites, and contract documents, as follows: 1. Documents shall conform to applicable sections of the MaineDOT Standard Specifications and Mainelt T SmMard DeWiS, both from Dmember 2002. 2. All such documents sbau be submitted to the MWneDOT for review and approval before the City requests authorization to solicit bids for construction. F. U fff ff S. Plans and specifications shell comply with the ]AmwDOT's Utdity Accommodation Policy (1]-229 CMR Chapter 210.) The qty or its consultant shall commence Of matters regarding utilities, prepare all documentation, and submit such documemation to the MWnOOT for review) fpm requesting authaiution to solicit bids for constmnion. G. The City or its consultant shall obtain all approvals, permits and licenses cecessary, to construct the Projert Copies of each shall be provided m the Project Manager. H ENVI1tONMENTALPROCESS. The Cityorismnsuimntshaliprepa mdsubmitmdte WmEi T for review all requiredenvironmenW studies and reforms. The MaineDOT, in tum, shill submit to the Federal Highway Admwisvadon all doenmemation required under the Natioml Evbonmenc it Policy Act. Llty OfBaggor- Loral ProjxtAgmement Paget f9 Union/Hammond - WIN 19431.00 1. ?.so 1. The City said provide for any public participation in the development of the Project and notify the MPO staff and flue MameDOT Project Manager of any public meetings. J. PROPERTY ACQUISITION. If to Project requires acquisition of any property, the M 017 shall require all such property rights. K ADVERTISE AND AWARD. After receiving approval from the MameDDT, the Cityshall either solicit fm competitive bids nr utilize a"Porte Account"process to construct the project, as described in Paragraph L below. If a comment is hired by compefitive bid, the City shall follow the process outlined below: 1. Bids shall be solicited in accmdmce with the plans and specifications that the MaineDOT has approved. 2. The City shall follow State and Fedmal procurement policies and procedures, unless otherwise approved in writing by the Maind)OT. 3. The City and the Mainel)(YP may accept or reject tiny and all bids. 4. The City shall not award a construction contract without the MaineDDT's written approval. 5. The contreu stud specify that the Project comply wife the MaineDOT's Standard Specifications (December 2002) and applicable special provisions. 6. Upon award, the City shall hold a preconshuctien meeting involving the MaincDOP's Project Manager, the comment, and all utilities and other parties involved in the Project L FORCE ACCOUNT. If the City wishes to coosmet the Project with municipal fomes, the City that must obtain women approval from the MaassIPM. If authorized to use a"Fare Account" process, the Cityshall amply with applicable Federal regulations -23 CPR Parts 635.201 to 635.205. M. CONSTRUCTION. The qty shall administer any comm ction contract and provide fine supervision, inspection and documentation necessary to ensure for the Project is completed b the Ide neDOT's satisfaction in accordance with the plans, specifications and provisions of the counsel, as follows: 1. The City's Project Coordinator or qualified designee shall be responsible for the Project all rimes. 2. The City shall use procedures acceptable to the MaweDOT to document the quantity and quality of all construction-romed work performed under this Agreement. a. The City shall pmvide the MaineDOT with wcekly progress reports. b. AB documentation shall be retained as provided under Article IV. 3. The City shag provide for all materials testing required for the Project. 4. Traffic in work zones shall be controlled in acmrdame with Part VI of the Federal Manual on Uniform Traffic Cmurot Devices for Sneers and Highways (MUTCD). 5. If applicable, the City upon completion shall provide the MeineDOT with a set of "as - built" plans om Mylar or equivalent archival -quality material accepuble to the MswmyCT. City pfBanisor- Local P ctAgroment Pgw3of9 Union/Hammond-WIN 39437.00 6. Upon completion, the citysbNl certify oat the Project was constructed, quantities were meazured and documented, and materials were rested in accordance with the plans, swrifications and provisions of the construction contract, and is accordance with the policies and procedm a spanned by the IkEAMDOT. N. INSPECTION. The MalueMT may inspect construction activities and documentation -and test any meaials used -n ensure compliance with the construction contract. The MaineDO'1' may Most any work or materials not in such compliance. O. MABSIENANCE The City shall narrow all eyuipo nt installed as pan of the Project, as described previously in Article I, and shell execute with the MaineDOT a separate Mu wipaWmtc Agreement so stating. AIKIICI.E III. CQST,SHAiMG & EEUV BURSEMEN'T A. MAIIJEDOT SHARE. The l4smef)OT- using Ponds pngmmmN by the MPo-shelf be responsible for ninety percent (90%) of federally eligible Project costs, or Sixty -Five Thousand Five Hundred Sixty Eight Dollars and Sixty Cents ($0,s".60, or 90% of $92,850). For purposes of audit the MaineDOT's share shall consist of the following: • Federal funding -$ 58,283.20, in 8M of $72,854. • State funding -$ 9,285.40, or 10% of$92,854. B. CITY SHARE. The Cilyshallbereepnsible Gr to percent (10%) of federally eligible Project costs, Initializes its he of i rel [ed i rrnd by Me Mai OT as described in Paragraph C below. Under this Agreement, the City's matching share is Seven Thrmss n Two finished Righty -Five Dollars and Forty Cents ($9,295.40, or 10% of $]2,854.) 1. The City also shall be responsible for all costs demand ineligible for Federal participation dial all casts exceeding Seventy -Two Thousand Eight HurMred Fifty-four Dollars ($]2,854) uNesa otherwise approvMjn wdI"e by [he MeineDOT and Ne MPO. C. MANIEDOT COSTS. All costs incurred by MnineDOT personnel in the development and overnight of the Project shah be accounted for win Project funds. Such costs may include, but ere net liamed ex prelimirary enOMMILg, Mrw y, environmental support, right-of-way support, Sed design reviews, construction engineering, and audit. D. REIMBURSEMENT. The MaineDOT shall newhourse the CBY far the Federal and Some shams of eligible Project costs, as set forth in Paragraph A. 1. The City shall bill the MaineDOT no mon fraluently than n o dy, as follows: • Claims shall be submitted on the City's billoud and reference WIN 19437.00. • Each invoice shall contain an itemized account of expnditures consistent with the liwitem budge renuired m Ankle H.H. Backup documentation and proof of Payments made must wwmpny each invoice. • Each invoice shall have en accumulative nml by cost category or budget line item, and a breakdown of tie Mai cUTCs and Ctity's shares of tatty costs. GryofBionar LomlPmfxrQ9reement Pa9e4af9 Union/Bammond -WIN L 943200 claimed ar shallinclue asmrement6omrheproiy,nd that Aa Nazallamodr claimed are emrect due and not clamd previously, and thaz alt applicable work was Performed in mcordmce with the trona of arms Agreement 2. If less than One Thousand Dollars ($1,000) in reimbursable costs is incurred, the City shall defer any such claim and the next monthly billing period in which al least One Thousand Dollars ($1,000) in such costs is insured or until City submits its final claim. E. The AEddwDOT reserves the right W recover any payment to the City for any action or activity dust subsequently becomes ineligible for Federal participation. The MwmDOT shalt have the additional remedy of withholding future Project -related reimbursements to the City. F. The MvoeDOT also may recover by any legal means any paymem found m have arisen from errors, omissions or frluas by the City to meet pmfessional standards of construction engineering and inspection. The MaueDOT shall promptly notify the City of my such claim and give the City full oppormvity to defend itself If it is later downward that my such reduction was made amorously, the MavepOT shall promptly repay any amount so reduced. G. Once One MaivcDOT has paid the City's lana clam or otherwise closed out the Project any remaining Federal/Stam funds shall go back to the MPO for reprogramming. ARTICLE W. NON -APPROPRIATION A. Notwithstanding any other provision of this Agreement, the ManeDOT shall be released fmm as obligation to make payment toward the Project -and shall tomorrow this Agreement upon thirty (30) days' written notice to the Gly -if adcer of the fallowing occurs: 1. The MPOor Ne MaineBOTdmsamreceiveMequakNndstosupporttbe Projector 2. Foods otherwise pogammd for this Fmject are de-approprimed. A. The MaiveDOT reserves the right to terminate, the payment provisions of Article M in the event of substantia default by dw City, which is defined as any of the following: 1. Failure to show satisfactory progress - as determined bythe ManalOTPmjeclMutation - within IS moot4s of being given authorization to prod; 2. Use of Project funds for a purpose other Nm whet is authorized by this Agreement; 3. Misrepresentation m falsification of my claims submitted by the City for reimbursement 4. %lue to moamr adequately the quality of wod and/or materials; 5. Breach of my women provisions of this Agreemem. B. The DfdwDOT shall notify We City in writing within five (5) days of leeming of an event leading m a clam of substantial default. If the City fails to take corrective active within fifteen (15) days of receiving middleman, the M ImDOT may terminate this Agreement upon written notice to dre City. City ofBarlgor- Local ProjMAgreemeut Pages f9 Bnlosoilammond - WIN I943).00 I . Upon receipt of such notice, dos City and all consultants and contractors covered by this Agreement shall immediately cease work—except for my work requited to protect public healed and safety — and tum over m Me MaiveDOT all Project records and documentation within darty (30) days of the effective date of such termination. 2. My remaining Pmjecttwds shall an back to the MPO m accordance with Article Rl.G. ARTICLE VL RECORD RETENTION ACCESS & AIMIT A. All primed and electronic Project records made by die City or its consultsat(s) shall be filed Willa the MaineDO'P Upon completion of the work covered under this Agreement B. The City and its camultant(s) mall maintain all books, clummets, papers, accounting records and other evidence of costs named hammer for five (5) yams from the dime of final reumbunement. If any litigation, claim, negotiation, auditor other action involving doe records has been stared before Me expiration of dos 5 -year period, die records most be retained mal completion of the, action atm resolution of all issues raising from it. C. The City and its consmtam(s) shall allow amboriud representatives of site Some of Maier am the Federal GOVMUaem In import and audit pertinent Project dosmarme. Copies of requested documents shell be Finished at no cos[. D. The City shall keep records in accordance with 48 CFR, Pan 31,"Contract Cost peandplrs and Procedures," and 49 CFR, Part 18, "Uniform Administretive Requnaments for Gents and Cooperative Agre erne; to State and Local Governments," R Audits shall meet tire'Genemlly Accepted Government Auditing Standards"(GAGAS). ARTICLE VII GENERAL PROVISIONS A. Laws and regulations. All activities conducted paramount to this Agreement shall comply wird applicable laws and regulations, including but not limited in Me following: Title M in the United States Code (USC) for stammry, law am Title 23 in Me Code of Federal Regulmom; (CPR)forsatnimetrative law. B.Id den .When currying out the provisions of Mus Agreement, site City, its employees, contractors, consultants and/m agents me not acing as employees magenta of the Me1neDUT. C. Imemnifcation. To the extent marvitted by law, the City shall indemnify am hold hmmless are MainnDOT, its agents and employees from all claims, suits or liabilities arising from any negligent or wrongful act, eau or omission by the City, its covsultank or contusion. Nature herein $ball waive any defense immunity or limitation of liability that may be available under the Maine Tort Claims Act (14 MR.S. Salon 8101 at sef) a any other privileges or immunities provided by law. 1. Thisprovision shall survive any rennimnon orexpiralion ofrhi$Agreemenr. Rshall remmv effective unfit spaificOy tmvunated mmodifoed in wufivg by tbeparties m ads Agreement or negated by law. City ofBaagor- Local A*a Agreement Page 6 of Union/Hammond-WLN]9437.00 A kw down. All contracts between the City and any consultant, contractor or rather tbiM patty shall contain or incorporate by reference all applicable provisions of Ws Agreement. E. FAmI Employment OomOmudlV(EEO). The City shall comply with applicable EEO roluirerventy: 1. The City and its consultant(s) shall net Nsdmware against any employee or applicantfor employment regarding work order Us Agreement because of race, color, religious creed, sex, ro onm origin, atwestry, ege or physical handicap Mims glued to a bona We occupational qualification. The City shall tyke frmmive anion to ensure that at such qualified applicants are employed and Nm at such employees are treated without regard to their me, color, religious meed. sex, national origin, ancestry, age or physical handicap during any period of employment under this Agreement. Such action shall include, but not be nmited W: employment, upgradinq, demotions, modem, recommit, layoffs or team moons, rues of pay or other forms of compensation, and selection for coining and apPrenticuhips. The City shall post prominently in places reality available to at employees and applicants for such employment notices setting forty the provisions of this para®aph. 2. In all solicitations for mployees placed by or for the City for work undertaken Pmaumt in Us Agreement, the City shall suite that all qualified applicants shall be consitchre-0 regardless of race, color, religious crud, sex, national origin, ancestry, age or physical hatMicap. 3. The City shall cause all of the foregoing eyual employment opportunity provisions WN included in any convict for services or work under Nis Agreement m thin the provisions are bm ing upon each consultant—except for my contract for the purchase or supply of smndmd commercial supplies or now manias. 4. The City, its convactom and contribution shall list at employment opportunities ening out of or attribumble to the lhoject with the Maine lob Service, except for openings to he find with pmound already employed within Use organizations before the effective dare hereof and not hired in mticipation hereof. P. TLirel-vary, misf rice. The City shall not sublet, sal, transfer, assign or otherwise dispose of Us Agreement or my portion of it without the writom consent of the hdairmDOT. No such disposal of Ws Agreement shalt in my case release or relieve the City firm my liability. G. The Parties further acknowledge and agreethm 1. Neither the City nor theflfa1neOOT shell be bound by my previous moment, correspondence, agreement or retimem int not expressly coatemd herein. 2. This Agreementismdemdshall6 consnedmderthelawsof Ne St4of Maine. 3. If my clmae, section or provision is held b be invalid or unenforceable, Nat shall not affect the errtre agreement, and the Parties shall negotiate anew clause, section er pmvlsim. City fBaggor- Local Project Agressumr Pope 7of9 Union/Hammond-WIN 19437.00 11 180 ARTICLE VIIL TERMS: All provisions of this Agreement — except for Article R.O (mainteeence), Article VI.B He Mods) and Article VH.0 (indemnificatloo) —shall expire no more tban four (4) years from Ne date of MaineDOT's sigamte, unless otherwise modified by the Patties. ARTICLE I%. APPROVAL A.Deb�am p(. By Signing this Agreement. the City certifies— to cite best of its knowledge and belief—that it and its employees, agents and/or representatives associated! with Ne Projem 1. Are not now debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from eligible in this bansacdon by any Fedeml or Stare agency; I Have not witbinthe previous three (3) years been annually convicted or had a civil judgment tendered against them — and see not now criminally or civilly ebarged—in connection with any of Ne following: a. Obtaining attempting W obtain, or performing a public (Federal, State or local) transaction or contract under a public numeration; or b. Violating Fede Smtemfihuststmutesorcnmmissionofembezzlement,theft, forgery, bribery, falsification or destruction of records, making false sidearms, or receiving stolen property. 3. Ilave rot wiNin a 3 -year period preceNng Nfs agreementhad one or mote public tramacdons (Federal, State or local) huminmed for cause or default. B. RNe City is enable to certify W any of Ne praeding statemean in this Article M Ne City shall numb an explanation W this Agreement. C. The Cjty agrees Nm it will not hire a turnaround or contractor who is now debarred, suspended, proposed for debarment, declmai ineligible, or voluntarily excluded from covered aosecdons by any Federal ar Some agency. D. Municiml temorization.The City represents that its legislative body has taken all steps necessary and IaWPoI to approve the Project and dw Citys entry into this Agreement, has appropriated or authorized the use of my necessary funds in comection with said City's participation herein and my financial obligations incurred hereby, and has further mthorized the undersigned Municipal represenmrive(s) W execute this Agreements. IN R'ITNESS WHEREOF, Ne Patties have executed Nis Agreement effective on the date Had signed. City of Bangor Maine Department of Transportation By. By: Catherine M. Carlow, City Manager ,toys Nod Taylor, Director, Bureau of Project Development Date: Dene: City ofBan&or- Local ProJeetAyntement Page Bo(9 Union/Hammond-WIN 1943700 It! 180 APPENDIX A: FEDERAL FUNDING ACCOUNTABD.ITY AND TRANSPARENCY ACP The City a Bangor and its contractors may be subject to the provisions of Ne l;odaal Fanning Accountability and Transparency Act ("FFATA") of 2006 as amended and any regulations, policies, procedures and guidance documents adopted pursuant thereto or in connection therewith Because the FMeml portion of Ne Project exceeds $25,000, the City shell sign tins dammer[ ondes Paragraph (B) and return it with the Project Agreement and provide the following inofmation,if applicable: A) The total compensation and naves of the top five executives S; • Morc Nm 80%of Ne City's anwal gross revrnuea are from Ne Pederel Gavemmevt;� • Thosemvenum=greater Nan$25millionannually;ggd • Compensation inforrmtlon is not already available through seporting to tie U.S. Sandfies and Exchange Commission (SEC). B) De Legal Name and DUNSa Numberon File with Nefederal Central Contractor Reglsu'ation m. Sign and Print Legal CCR Name DUNS Number �'�The Centud Cmirac or Registration (CCR) is the psimny registrant dewiness for Ne U.S. Federal Govemsoma 0The DUNS* Number is a mdgae nine -digit identification assigned and maintained solely by Mn & Bradstreet (D&B). DUNS Number assignment is free for ail businesses required to mgiser wiN rhe US Federal govermnem One # i above) fs' mwac[s «gams. Created in 1962, the Dam Universal Nambwing Sysem or DUNS® Number is D&B's copyngland, psoprie nsy means of idmi lying business entities. D'ty fBangar-Land ProJe Agreement Pays f9 Unmalliammond -WLN 1%3700 ih Maine= MUNICIPAIJSTATE AGREEMENT BETWEEN THE State of Maine Department of Transportation AND THE City of Bangor REGARDING 7 to the intersection f Uniosefflapromid streets- hthll video thatecti system Pedeariall sistand Poles, pedestrisat[do heads d Pushb WORE IDENTIFICATION NUMBER 19437.00 This AGREEMENT is entered into by the MAINE DEPARTMENT OF TRANSPORTATION ('the MaineDOT") and the CITY OF BANGOR, a municipal milanation and body politic located in Penobscot County, Melva ('the CITY") repantlng the installation, operation and mantenanco of traffic signals and associated equipment at the local described above in Senator, Maine (hereoftat project) as follows: A. TTe CITY agrees to operate and maintain the traffic signals and associated equipment as described above to function as designed and installed by the CITY on behalf of the MaineDOT, unless approved otherwise, as follows: 1. All malfunctions and deficteacies in the traffic signals or any equipment appurtenant therein shall be repaired m otherwise comected expeditiously in accordance with the hutimre of Transportation Engineers' (ITE) "Traffic Signal Installation and Maintenance Manual." Any helium to correct the traffic signals on function as designed could upon written notification from the MaineDOT, result in the MmneDOT making all necessary repairs at the CITY'S expense. 2. The visibility of the traffic signals shall be preserved and maintained at a0 times by removing any visual impairment thereto. 3. No change in operation or modification to me traffic signals or any equipment informant thereto shall be made without the express written approval of rhe MaineDOT. 4. The MeineDOT shall be notified in writing prior to any removal or replacement of the tmthic signals or any equipment and appurtenant themto. Upon removal, such traffic signals or equipment so removed shall be returned to the Augusta Sip Shop on Capiml Street in Augusta without any cost to the MaineDdl, unless agreed otherwise to writing. Il 180 B. Tire=agaes to be responsible for the electrical and phone service for the traffic signals and agrees to execute my necessary, documentation required m establish such service and provide my local permits necessary for the installation of such service. C. The CITY same to maintain all pavement markings (including stop bars, lore use arrows and ell striping necessary to detioeate the turning lanc) aM all haffc control signs as famished under the project. D. The CITY agrees m allow the contractor forth¢ project to control all traffic within all designated work areas at such times and in such a maniwr necessary to permit construction of the project road the installation athe traffic sigaals as specified in the traffic control plan approved by the MaimUOT. The ponies harem agree to be bound by the terms and conditions of this Agreement and hereby execute this Agreement in duplicate effcetive on the day and date signed by the MaineDOT. CITY OF BANGOR By: DATE: Catherine M. CoNow, City Manager STATEOFMAINE DEPARTMXNT OF TRANSPORTATION By: Dale F. Doughty Director of Maintenance & Operations 74 180 Sesm AMSNo.: Maine 10T MaineDOTCSN: TEDOCNo.: Local project Agreement Between the State of Maine, Department of Transportation And the City of Bangor Federal Project AC4TP-I943(900)X, MaineDOT WW 19439.00 This Agreement is made between the Maine Department of Transportation ('the MaioeDOT"), an agency of Maine Stare Government with its headquarters on Child Street in August, Maine, and a mmling address of 16 State House Station, Augusta ME 04333-MI6; and the City of Bangor ("the City"), a municipal corporation and body politic win its principal admnisaadive offices at 73 Harlow Sneer. Bangor, ME 04401. WIMREAS, the Project described herein was selected for funding and inclusion in the MaineDOT 2012-2013 Biennial Capital Work Plan by the Bangor Area Comprehensive Transportation System, the designated Metropolitan Planning Organization for the Bangor Urbanized Area ("fie MPO;) located at 40 Wow Street in Bangor, Maine; and WHEREAS, this Agreement sets cut the terms and conditions of the funding for the Project, m Programmed by the MPO and approved by the MalneDOT. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows When used within this Agreement, the terms listed below shall be defined as follows: • Project Improvements to the intersection of permit Road andH Mall Barbecuing in the City of Bangor ("the Project') The work— consisting of the insWIt ion of video detection at the existing four -leg intersection of Hogan Road, Bangor Mall Boulevard and Springer Drive— shail be performed by or for due City and accepted by the MaineDOT. • Project Coordinator The person designated by the City to oversee all local responsibilities. This person is the municipal liaison with the MadmiDOT. • Project Manager The person designated by the MaineDO'T to oversee all State responsibilities. This person is the State liaison with the City. ARTICLE IL PRO.IECT DEV pMFNT A. MJTHORI TIONS. The City mutt receive authonzadon from the MaineDOT before petfmmjng work or pracunng services undo this Agreement Any municipal costa incurted before such approvalis granted shall beinelieildforreimbursementandshallnotbecmdtetl toward the City's matching share. Additionally: tiry fBangor- Local ProjectAgreement Page 1 of Hogan Ro id/Barbor Mail Blvd.-WIN19439.00 If 1 18O 1. and N[s to Ne Rvjectscope or objectives shall require written approvil firm me MPO and MaiceDOT. 2. The City shall not change any terms of this Agreement without written approval from the MaimDM. B. BUDGET. Trail federally participating handing for the Project —asprogmmmedbythe Ml'O— is Twenty -Five Thousand Dollars ($25,000), arta the City shall prepare a line -item budget for the MaineDOT's approval. 1. Once the MameDOT approves me budget, expenditures may not exceed any single cost category or line -item amount by more Nen ten percent OM) without the MakieDOT's approval, through achaage or warts -work order. 2. Total federally, participating costs shall not exceed me amount shown above (Paragraph B) without writrea approval from the MPO and the AlameEtM. C. WORK PIAN. Upon receiving notice m proceW, me qty shall submit for MvmDOT approval a work plan aM schedule briefly describing how and when it intends to proceed with the Project work. D. CONSULTANT SERVICES, The City may hire a consultant as necessary to perform engineering and design services, as follows: 1. Aquvlificamins-based selection process shall be used; 2. No contract shall be awerdesd without the approval of die MaineDOT;end 3. The most recent version of MameDOT's Consultam General CorNitions shall govern all rwncunstmcdon work. E. PIANS,SPECIFICATIONS, AND ESMIATES. The City or its consultant shall prepare ell plans, specifications, estiansk a, and contract documents, as follows: 1. Dmumenreshallcunformmapplicablese onsoft Miln TStmdmd Specifiwfims and MaiveDOT Standard Derails, farm from December 2002. 2. Ailsuchdocurmou Aha submittedtorae Maio Tfo oviewandapprovalbefare me City requests authorization m solicit bids for construction. F. UTILITIES. Plans and specifications shall comply wit the MxineDOUs Utility AttrommodvHon Policy (17-229 CMR Chapter 2IO.) The City or iu consultant shill coordinate A matters regarding utilities, prepare all decumenumm and submit such docurmnmfion an me MaineDOT for review before requesting authorization to solicit bids for combustion. G. The City or in consultant shall obtain at approvals, permits and licenses necessary to construct the Project. Copies of each shall be provided to me Project Manager. K F.NVIRONNIENTAL PROCESS. The City or its consultant shall prepare and submit to me MaimDOT for review all untamed environmental studies and reports. The MaimeDOT, in tum, shall submit m the Faderil Highway Administration all documentation rectum umWa me National Enviromnenral Policy Act. Clry rfBarwar- Local Project Agreement Page2of9 Hogan Raad/Bangor Mail BW.. - WIN 19439.00 '80 I. The City shall provide for any public participation in the development of the Project and notify the MPO staff anti the MMneDOT Project Manager of any public meetings. I. PROPERTY ACQUISITION. R the Project requires acquisition of any property,the MemeWT shall miuGe all such property rights. K. ADVERTISE AND AWARD. After receiving monoWfrthe Mai eDOT the City shall either solicit for competitive bids or utilize a "Fora Account" process to comfort the project, as described in Pamgmph L below. Ka contractor is hired by competitive bid, the City shall Mara the process outlined below: 1. Rids shall W solicited in accordance with the plans am spesificatiom that flue M ddcfb T has approved. 2. The City shell follow Sante and Federal procmemed policies and procedures, unless otherwise approved in writing by the MamdDOT. 3. The City and the NlaineTIM may accept or reject any and all bids. 4. This City shall not award a construction connect without dues v=tten approval. 5. The contract shall spedfy tat the Project comply with the MaiveDtYl"a Standard Specifications (December 2002) and applicable special provisions. 6. Upon award, the City shall hold apreconstrucnon mceting involving the Maines) Ts Project Manager, the contractor, and all utilities and othm parties involved in the Project. L. FORCE ACCOUNT.If the City wishes to construct the Project with municipal forces, the City fon must obtain written approval from the MaiueD0T. K authorized to use a'Pome Account" process, the City shall comply with applicable Federal regulations -23 CFR, Pans 635.201 to 635.205. M. CONSTRUCTION. The Chty shall administer tiny construction retract am provide the supervision, inspection and documentation necessary to ensure that the Project is completed re the MemeDOT'b satisfaction in accordance with the plans, specifications and provisions of the con(mcq as follows: I. The City's Project Coontinator or qualiRed design« shall be responsible for the Projector all braes. 2. The City shall use procedures acceptable to the MeineDOT to document the quantity and quality of all construction -related work performed under this Agreement. a. The City shall provide the MmgDOT with weekly progress reports. b. All documentufion shall be retained m provided under Article W. 3. The CtityshallprovidefmAlmwdalstesangrequhedforiha Project. 4. TmffrcinwmkzonueshOibe mlledinscc meowith Pmt Vfofthe Federal Mawvl mt Unarm Traffic Centro( Devicesfor Srreers acrd Highways (MUTCD). 5. RaPPlicble,the Cityupoacomplefimshallprovidethe Maind)OTwiNasaof"m- half' plans on Mylar or equivamat mviouval-quality material acceptable to the MaineDOT. CiryofBangor local l'rojectAgreement Poge3of9 Hogan Road/Bangor Mail Blvd -MN 19439.00 s '80 6. Upoa complefion, rhe City shall certify that the Project wen constructed, quantities were measured and documented, and materiels were tested in accordance with dre pians, specifications and provisions of de construction contract, and in accordanw with the policies and procedures approved by the MalneDOT. N. INSPECTION. The alainaDO'I' may impact construction activities and documentation - and test any materials used -m emure Compliance with the construction convect The MaiueDOT may reject any work or materials not in such compliance. O. MAWTENANIS?. The City shall maintain all equiptmnt installed as pan of the Project, as described previously in Article 4 and shall execute with the Maindl a separate MunicipaYState Agreement so staling. ARTICLE UL COST-SHARING & REIMBURSEMENT A. MAINEDOT SHARE. The Meinel- using funds programmed by the MPO - shall be responsible for ninety percent (90%) of federally eligible Project costs, or Twenty -Two Thousand Five Hundred DoRms ($22,500, or 90%of $25,000). For purposes of audit, the MaineDOT's share shall consist of the following: • Fedmalfunding-$20,000.orgOkof$25,000. • Statefnnding -$ 2,500,m10%of$25,000. e. CITY SHARE. The City shillbemsponsible frrumpercent(10%)offedera0y eligible Project costs, IgWudinn ith share of oroiem-rWa[ed costs incurred by Be MeineDOT as described in Paragraph C Wow. Under this Agreement, the City's matching share is Two Thousand Five Hundred Dollars ($2,500, or 10%of $25,000.) 1. The City also shalt be responsible for all msv deemed ineligible for Fedwal participation and 91 costs exceeding Twenty -Five Thousand Dollars ($25,000) urdess otherwise approved in writin¢ by the lddneDOT and the MPO. C. MAW®OT COSTS. All casts incurred by MaineDOT persorma in the development and oversight of the Project shill be accounted for with project funds. Such costs may include, but are act limited m: preliminary engineering, survey, envirmumatal support, right-of-way support, find design reviews, concoction engineering, and audit D. REOHBURSEMPNT. The MaineDOT shall reimburse the City for Ore Federal anti State shares of eligible Project costs, in set forth in Paragraph A. L The Cityshdl bill the MeimeDOTmmme frequently than monthly. isfnllows: • Claims shall be submired on the City's billhead and refereme WW 19039.00. • Ruh invoice shall contain an itemized account of expenditures consistent with the liwitem budget required in Article ILB. Backup documentation and proof of payments made must accompany each invoice. • Ruth invoice shill have an accumulative [oral by cost category or budget Iran nem, and a breakdown of the MaineDOT's and City's shares of rural costs. • Each claim shall include astegemem from the Poorer CooMinator that all amouats claimed are cored due and not WairaeA previously, and that all applicable work was performed in accordance with the terms of this Agreement. Gty of&War- Loral Fmjxt4grawasi Paye4of9 Hogan Road/Bangor Mall Blvd. -WIN 19439.00 7 S 2. If less than One TToucand EmIlms ($1,000) in reimbursable costs is Inconel, Ne City shall defer my such claim until the next monthly billing period in which at least One Thousand Dollars ($1,M) in such coats is incurred or unfit City summa its fim1 claim. E. The MeineDOT reserves the right to recover any payment to dun qty for my action m activity Naz subsequently becomes ineligible for Federal participation. The MaineDOT shall have the additional remedy of withholding forme Project-rehted reimbursements to the City. F. The Maine][)M also may recover by my legal means my payment found to have arisen from tarots, omissions or Indiana by the City in meet professional marimba of connotation engineering and inspection. The MaineDOT shall promptly notify rhe City of my such c1a m and give the City full opportunity to defend itself. if it is Ivo detenwned that my such reduction was made erronmusly, the lskmeD(YT mail promptly repay my amount so reduced. G. Oraefire Maine Mhaspaid Ne City'sfimlclaimoroNerwiseciosedoutthe Project,my remaining Fmerat Stare funds sbali go back in the MPO for reprogramming. ARTICLE W. NON -APPROPRIATION A. NotwiNsmnding my oNer provision of this Agreement, the hImpA)OT shall be released from Bs obligation m make payment toward the Project - and shall terminate Ws Allotment upon they (30) days' written notice to Ne City- if my of the following occurs: 1. BiNm Ne MPO or MvmeDOT does not receive adequme funds to support Me projector 2. Funds otherwise programmed for NU Project are de -appropriated; or 3. The Maine])W does not receive Ne authority to expend funds otherwise progmmmed for Ne Project from the Maine Stam Legislature or Maine courts. A. The MaUa DOT reserves Ne right to terminate Ne payment provisions of Article Rl in the event of substantial default by @e City, which is defined a my of the following: 1. Failure to show satisfactory progress - as determined bythe MaimDOTproject Manager - within 18 months of being given authorization to proceed; 2. Use of Project funds for a purpose other rima what is auMotizcd by Ws Agreement 3. Misrepreamtatlon or falsification of my claims submitted by ted City for reimbursement 4. Failure to monitor adequately Ne quality of work mWor materials; 5. Bunch of my material provisions of Us Agreement B. The MaineluM shag notify the City in wrifing within five (5) days of leeming of an event leading to a claim of substantial default. If ted City fails in take corrective action within fifteen (15) days of receiving notification, Me Ma n"T may ferminae this Agreement upon written notice to Ne City. City o/Bangor- Loral ProjectAgreement Pa0esof9 Bogan Boad/Bamor Mall BI vd - WIN 19939.00 3. 190 1. Upon receipt of such notice, the City and all consultants and contractors covered by this Agreement shall immethamly cease work - except for any work raryired to protect public bacilli and safety - and tum over to the MmusDOT ell Project recede and documentation within thirty (30) days of Ue effective dam of such termination. 2. Anyremaining PmjatfuM allgobacktothe MPOinucordamewith Aniclelll.G. ARTICLE VI. RECORD RETENTION ACCESS & ADDTT A. All printed and electronic Project heroins trade by the City or its consultant(s)mall be filed with the MaineDOT upon completion of Me wok covered under Ws Agrmmmc B. The City and its ronsulanl(s) shall maintain all books, documents, papas, accounting records and other evidence of costs incurred hereunder for five (5) years from the data of final reimbursement. If coy litigation, claim, argument, audit or other action involving the records has been started before the expiration of the 5 -year period, the records must be retained until completion of the action and resolution of At issues arising from it. C. The City and is constituents) shall allow authonsed representatives of the Sam of Maine and the Fedeal Government to inspect and audit pertinent Project documents. Copies of requested documents shall be famished ar no cost. D. ' he City shall keep records in accordance with 48 CPR, Part 31. "Contract Cost principles and Procedures," and 49 CFR, Pan 18, "Uniform Administrative Requirements for Grana and Commerce Agreements to Sate sod Loral Govermorna." E. Audits shall meet the"Generally Accepted Government Auditing Saudards"pGAGAS). ARTICLE VII. GENERAL PROVLSIONS A. Laws and reeulabons. All activifies conducted pursumd 0 Us Agreeman shall comply with applicable laws and regulmi0as, including but not limited to the following: nde 23 in the UnitM Stores Cade (USC) for secondary law and Tide 23 in the Code of Federal Regulations (CFR) for administrative law. B. tnggpoWent caouity. When carrying out the provisions of this Agreement, the City, its employers, contractors, consultants mW/or agents are not acting as employees or agents of the MaineDOT. C. Indemnification To Ne extent permitted by law, the City shall indemnify and hold harmless Me MsinDOT, its agents and employees from all claims, suits or liabilities arising fium my negligent or wrongful act, emer or omissim by the City, its consultants or contractors. Nothing herein shall waive any defense immunity or limitation of liability that may be available under Me Maine Tort Claims Act (14 M R.S. Section 8101 at seri or any other privileges or immunities provided by law. I. thisprovi nsMffsurviveartyterminmionorexpirationofthUAgreement.Rshallremain effective until specifically terminated or modified in writing by Ne patties m this Agcement or negated by law. any ofBangar- Loral ProfectAgreement Pnge6u(9 Hagan RaudfgangorMall BW -W(N 19439.00 '1 280 D. Flow down. All contracts between flue City and my mountain, contractor or orbs NiN patty shall contain orincogwrate by immure all applimble provisions of this Agreement. E. EMI 11miloomeent On (EPA). The City shall comply with applicable EEO requirements: 1. The Ctty azM its cessations)All not discriminate against any employes or applicant for employment regarding work muter Us Agreemenr measure of me, color, religious creed sex, national origin, ancestry, age or physical handicap unless glazed to a bona fide occupational qualification. The City shall Its, oJjlmm ove action to ensure Naz At such qualified applicants are employed and Nat all such employees are treated outran regmdm Heir race, color, religious creed, sex, national union, ancestry, age or physical handicap durin any period of employment under Nis Agcement. Such action shall include, but not be limited to: employment, upgrading, demotions, tmnafem, recmiwenr, layoffs or terminations, cores of pay or oNer forms of compeuaanon, and selection for training and apprenticeships. The City shall post prominently in places readily available to all employees and applicants for such employment norices tuning but fire provisions of this pmegmph. 2 In all solicitations for employees placed by or for the City for work undertaken pursuant to Us Ageement, the City shall some that all qualified applicants shall be conakereA regaxRoSs of race, color, religious aced, sex, national origin, ancestry, age or Physical handicap. 3. The City shall cause all of the foregoing equal employment opportunity provisions Lobe included in any connect for services or work under this Agreement so Naz the pmvisiom are binding upon each co sulmat—except for any contract fm the purmam or supply of stmMmd conesso al supplies or raw mammals. 6. The City, its courtroom; and consultants shall list all employment oppmtunines arising out of or attributable to fire Project wins to Maine ]rib Service, except for openings to be filled wins pemonnel aheady employes within those organizations before the effective date hereof and not hired in anticipation instant. F. Thins -vertu tmru£nnuee. The City shall not sublet,sell, transfer, assign or oNetwise dispose of Nis Ageement or any portion of it wiNout the wnnm consent of dm MaineDOT. No such disposal of this Agreement shall in any case release orrahme fire City from any liability. G. The parries further acknowledge and agree that: 1. NeiNerthe Citynor Ne MaineOOTsh4lbeb "bymypreviousstamment cotrespordmce, agreement or representation not expressly contained heroin. 2. This Agcement is made and shall be construed under Ne laws of the State of Maine. 3. if any clease, sawn or provision u held m be invalid orumnforreable, Naz shall nm affect Us =fire agreement, and the Parties shall negotiate a new clause, section w provision. City Ofitanyor - Unal FMOCtAbristrusent fte f of Hogan Road/BangorMallBWd-WfN 19439.00 P 18 ARTICLE VID, TERMS: All provisions ofthis Agreement—rmelit fm Anicle ll.O (maintenance), Article VLB (records) and Arficle VHD (immanificadon)—shall expire no more than four (4) years from the date of MaineDOT's signatum, unless omenvise modified by the Ponies. ARTICLE IX. APPROVAL A. p rate .By signing this Agreement, the City terrifies— to Ne best: of be knowledge and belief -ma it aM its employees, agents and/or teptegenntives associated with the Project: 1. Are not now debarred, suspended, proposed for debumenr, declared ineligible, oc volunarily excluded from eligible in this transaction by my Fedeml or State agency; 2. Havenotwiminthepreviousthme(3)yearabeenmfminallycmvlodedmhadacivil judgmeat rendered against them—and are not now mimingly or civilly charged—in connection with my of the following: a Obtaining,ovempfngtoobmin,orpuormingapubfic(Fedeml,Smtemlocat) transection m contract under a public insinuation; or b. Violating Federal m State antitrust stemma or commission of embezzlement, theft forgery, bribery, falsification or desou non of recants, making Use subhuman, or receiving stolen property. 3. Have not within a 3 -year period preceding this agreement had one or mare public vuasac ms(Fesmai, Slate or local) terminated for cause or default. B. Ifthe City is unable to certify to my of the preceding statements in this Article M, the City SMI attach an explanation to this Agreement. C. The City agrees that it will not hire a consuhmt or convector who is now defamed, suspended, proposed for debmnent, declared ineligible, of voluntarily excluded from coverW hanamboos by any Fedual m Slate agency. D. Municipal mlloomfion. The City represents that its legislative body has nken all saps necessary and lawful m n uMOve the Project and the City's entry into this Agreement, has appropriated or authorized the use of any necessary fun& in connection wiN said Citys puticilmion herein and any financial obligations mmvmd hereby, and has further autleximl the undersigned Municipal represenmtive(s) to execute this Agreement. W WITNESS w11EREOF, the Parties have excemoed this Agreement effative on the date last signal. City of Bangor Maine Department of Transportation By: By: Catherine M. Coulon, City Manager Joyce NON Taylor, Director, Buena of Project Development Dan: Date: pry Of Bangor- Loral Pn>lectagreement Page8of9 Bogan Road/8angor Mall BNd. - W X 39439.00 APP Ef A: FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT The City of Bangor and its contractors may be subject m Me provisions of the Federal Finding Accountability and Tmmpatency Ad CTFATA") of 2006 as amended aM any moations, policies, procedures and guidance documents adopted pursuant therein or in connection therewith. Because Ne Federal portion of the Project exceeds $25,000, the City shall sign this document under Paragraph (B) and retant it with Ore Project Agreement and provide the following information, if applicable: A) The total compensation and names of the top five executives if; • More duo Mof Ne City's annual g osrevenues are fiom the Federal Government; and • Those revenues are greatrs than $25 million annually; zg • Compensation infommtion is not already available tluough reporting to the U.S. Securities and Exchange Commission (SEC). B) The legal Name and DONS* Numbs on File soM to federal Central Convector Registration (1). Sign ars] Prim legal CCR Name DUNS Number a) mTU ceutrai Connectm Regismtron (CCB) Is the pnmery registrant damIsme for the U.S. Federal Govemmenr 2 The DUNS®Number is a unique aiwdigit identification assigned aul maintsined solely by Dun & Bradsueet M&B). DUNS Number assignment is free for all businesses raquhed to register with the US Fedual government (see 9 t above) for contracts or&ants. Crtated in 1962, the Data Umvesal Numbering System or DUNSo Number is D&B 's copyrighted propnemry means of identifying business entities. City of Banspor-Local P %ed Agreement Page 9 o(9 Hogan Road/Bangor Mall BW.. - WIN IW39.00 Maine= MUNICIPAUSTATE AGREEMENT BETWEENTOE State of Maine Department of Transportation AND TBE City of Bangor REGARDING installation f video &motion at the to f Roam Rad told l3amicar Mall Blvd. WORK IDKNTQ9CATION NIJMBRR 19039.00 This AGREEMENT is entered into by am between We MAINE DEPARTMENT OF TRANSPORTATION ("the MaineloOT") and the CITY OF BANGOR, a municipal corporation mad body politic located in Penobscot County. Maine ("the CITY') reasoning the installation, operation and transference of traffic signals and associated equipment at the location described above in Bangor, Maine (hereafter project) es (,_.Bows: A. The CITY agrees b m mte aM maintain the traffic signals and associated equipment as described above m function as designed and notified by the CITY on behalf of the MeineDOP, unless approved otherwise, as follows: 1. All malfunctions and deficiencies in the traffic signals or any equipment appurtenant thereto mail be reamed or otherwise corrected expeditiously in azcordmoe with the Institute of Transportation Engineers (1TE)'Traffic Signal installation and Maintenance Stanmal." Any failure to correct the traffic signals en function as designed could, upon written unification from the, MeiueDOT, result in the MaineDOT making all necessary repairs at the CITY'S expense. 2. The visibility of the traffic signals shall be preserved and maintained at all times by removing any visual impairment thereto. 3. No change in operation or modification 0 the traffic signals many equipment appmenant open shall be made without the express written approval of the MaiveDOT. 4. The MafceDOT shall be notified in wrifing prior In any removal or replacement of the traffic signals or any equipment and appurtenant thmmo. Upon removal, such traffic extends or equipment so removed shall be returned to the Augusta Sip Shop on Capitol Street in Augusta without my cast to the Mainall unless agreed otherwise in writing. B. The CITY moves to be responsible for the electrical and phone service for the traffic signals and apses to execute my necessary documentarian required to establish such service and provide any local permits necessary for the installation of such service. Page I of 2 11 180 C. The CITY agrees to maintain all pavement markings(including stop bars, lane ase arrows and all sniping necessaryto delineate the tuning lane) and all ti ccontrol signs as famished uvdu the project. D. The CITY agrees to allow the contractor for Ne project 0 conmoi all traffic whbin all designated wmk areas at such times ani in such a mavnry necessary to permit construction of the project and the installation of the tragic signals as specified in Ne beffic control plan approved by rhe MaineDOT. The partieshereto agreeto be bound by the[eons and conditions of this AGBEEty and hereby execute this Agreement in duplicate effective on the day and date signed by the MaineDOT. CITY OF BANGOR By: DATE: Catherine M. Coflow, City Manager STATE OF MAINE DEPARTMENT OF TRANSPORTATION By: Dale F. Doughty Director of Maivmnance & Operations gn State AMS No.: MaineDDT Mo neDOT Or N - Local Project Agreement Between the State of Maine, Department of Transportation And the City of Bangor Federal Project AC -STP -1944(000)X, MaineDOT WM 19440.00 This Agreement is made between the Maine Department of Transportation ("the MairuDlYT; an agency of Maine State Government with its headquarters on Child Street in Augusta, Maine, and mailing address of 16 State House Station, Augusta, ME 04333-0016; and the Chy of Bangor ('Me City"), a municipal corporation and body politic with its principal administrative offices at 73 Harlow Sheet, Bangor, ME 04401. WHEREAS, the Nojut describM herein was selected for funding and inclusion in the MameDOT 2012-2013 Biennial Capita Work Plan by the Bangor Area Comprehensive Transportation System, the designated Metropolitan Planning Organization for the Bangor Urbanized Area('ghe OPO,")locntN at 40 Harlow Strut in Bangor, Maine; and WHEREAS, this Agreement sets out the terms and conditions of the funding for the Project, as programmed by are MPO and approved by the MaineDOT. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows When used within this Agreement, the terms listed below shall be defined as follows: • Proiect: Installation of video detection at the intersection of Horear Rood. H skell Road and Sylvan Road in the City of Bangor, Maine, to be perfonaed by or for the City and accepted by the MaineDOT("fbe PmjmL') • Pmiect Convention. The person designated by the City to oversee all local responsibilities. This person is me municipal liaison with the MaincMT. • Pm'ect Minister The person designated by the MaineDOT to oversee all Stele responsibilities. This person is the Suite liaison with the City. ARTICLE II PROJECT DEVELOPMENT A. ADTHORIZATIONS. The City most receive authorization from the MaineDOT Were performing work or procuring services under this Agreement. Any municipal costs incurred before such approval is granted And be ineligible for reimbursement and &hall Out be crNited toward the City's matching share. Additionally: 1. Changes in ate Project smpe or objectives shall require written approval from the MPO and MaineDOT. Cry of Bargor- Local ProortAgreement Pg9e1 l9 Hogan Road/Raskeil Road - WIN 19W OO 8o 2. The City shag not change my temps of this Agreemant without written approval from the hA mDOT. B. BUDGET. Tocol federally participating funding for the Project— as pmgremrml by the MPO_ is Twenty -Five Thousand Dollars ($25,000), amd the City shall prepare a line -item budget for the MahtellOT's approval. L Once the MameDOT approves the budget, expenditures may not exceed any single cost category or tine -item amount by more than tea percent (I0%) without the hdmeDM's approval, through a change or extra -work order. 2. Tocol federally participating costs shall not exceed the amount shown above(pamgmph B) without written approval from the MPO and the MeineDOT. C. WORKPLAN. Upon receiving notice m proceed, the City shall submit for MaineDOT approval a weak plan and schedule briefly, describing how and when it intend¢ m pmceeA with the Project work. D. CONSULTANT SERVICFS, The City may hire a consultant as necessary m fertmm engineering and design services, as follows: 1. AquWnfications-based selection process shall be used; 2. Nocontrmtmall be awarded without the approval of the Mein¢DOT; and I ThemomrecentversionaMaiveDOT's Cowuhont Gemml CoMirionsshWlgovem Wl non<onstruction work. E. PLANS, SPECIFICATIONS, AND ESTIMATES. The City or its consonant shall prepare all Plans, SINti fications, amounts, aaW contract documents, as follows: 1. Dacum sheBconfmmmapplicablesa msofthe MaineD TStan Specifications and MalneDOT Smndmd Details, both from December 2002 2. Misuchdocumentsshallbesubmitt wOrehdam MformviewmdapprovAWom Ne Ltity regmsts authorimtlm ro ¢olio! bids tmconsvuction. P. UTILITIES. Plans and specifications shall comply with the MmaUOT,s Utility Ac mozmlrroon Policy (17-229 CMR Chapter 210.) The City or its consubmn shall coordimu all mavrs mgading uali0ea, Pmpare WI documentation and submit such documentation to the MelaeDOT for reviewebfore repo¢sting authorizarom to solicit bids for cunsaumm, G. The City or its consultant shall obtain all approvals, pmMm and licenses necessary, ru mouser the Project. Copies aeach shall be Provided to the Project Manager. H. ENVIRONMENT PROCESS.T CityorimmmWtmtshallprepme submitwthe MWUDOT fWffic ew WI required Y Amammml studies and reports. The MameDOT, a mm, shall salmit irthe ental P Highway Admivi¢tration ali documentation required undm the Nariowf Envlrorunenwd Palley Ad. L The City shall provide for my public participation in the development of the Project mW notify the MPD scoff and the AIWaeDOT Project Manager of my public meetings. Cry ofBangor- Local PmlectAgreemena Page 2 o(9 Hogan Raaf/Haskell Road - WIN I wof000 I. PROPMWACQUISMON.Ifthe Pmjeaee3vireaa.quisidonofanyp perty,the l4oaeDOT shall acquire all such property rights. K. ADVERTISE AND AWARD. Afior receiv' ¢ approvei flow the M6 T, the City shall color solicit for compefifive bids a more a "Force Account"process to construct le project, as described in Paragraph L below. If a contractor is hired by compdtive bid, the City shalt follow theprocas outlined below: 1. Bids shall be solicited in accordance with the plans and specifications that the MaiucDO'P bas approved. 2. The City shall follow Stere and Fdaml procurement policies and procedures, unless otberwhe approved in writing by the MaywMT. 3. The City and the MaimIOT may accept or reject any and all bids. 4. The City shall not award a construction contract without the MaineDOT's written appeval. 5. The contract shell specify that the Project comply with the MaineDOT'3 Standard SWcificafions (December 2002) and applicable special provisions. 6. Upon award, the City shell hold a procrastination meeting involving the MaineliCT's Project Manager, the contractor, and all airlines and other parties involved in the Project. L. FORCEACCOUNT.IftheMywishamcorutruarhe Projectwilmunidpalfoc eaty first must obtain written approval been the MaineDtYT. If authorized to use a "Force Acoount" Process, the Cityshall comply with applicable Federal regdations-23 CFR, Par¢ 635.201 m 635,W5. M. CONSTRUCTION. The City shall dmiuisrer any consuuNon contract and provide the supervision, inspection and documentation necessary in emeure the the Proper is complaed m doe Mainel)M's satisfaction in accordance wit the plans, specifics ions and provisions of the contract, as follows: I. TheCity's Project Combustor or qualified dedigea shad be responsible for the Projectat all times. 2. The City shall use procdues accepmble to the MaindX)T to document the quantity ad quality of at construction -related work graduated under RNs Agreement. a. The City mail provide the MaineDOT with weekly progress reports. b. AR documenmtion shalt be remind as provided under Article W. 3. The City shall pevide for all arreials listing required for le Pejea. 4. Traffic in work zones shot his centroRd in accordance with Pert VI of the Federal Manual on UnYbrm Traffic Control Devices for Streets and Highways (MUTCD). 5. ffapplicable, the City upon completion shall provide the Melvel)OT with a set of"as- built" plans on Mylar or equivalent mildivelAtudity medal acceptable be the MadallOT. 6. Upon completion,the City shag certify that the Project was constructed, quenfities were measured ad downwind, and materials were rated in accerdance with the plain, specifications and provisions of the construction contract, and in accordance with the policies and Procedure approvd by the IvaineDOT. City of Bangor- Local ProjectAgreement Pgge3of9 Hogan Road/Haskell Road - WIN 19440.00 1.80 N. INSPECTION. The MefoeDOT may inspect construction activities and documentation — and test any materials used —ro ensure compliance with the construction contract. The MaineDOT may reject any work or materials not in such compliance. O. MAWTENANCE. The City shall maintain all equipment installed as pan of the ftojort, as described previously In Aotide h and shall execute with the MaineMT a separate MunicipagSmte Agreement so station. ARTICLE IH COST-SHARING &REBYB RSEMENT A. MAINEDOT SHARE, The MaineDDT— using funds programmed by the MPO— shall his responsible for ninety gement (90%) of federally eligible Pmjeet cars, or Tweaty,Two Thousand Five Hundred Dollars ($22,500, or 90%4$25,000). For proposes of audit the MaineDOT's share shall consist of the following: • Fedual Ponding—$20,000,orN%of$25,000. • SmtiaPonding —$ 2,500,orl0%of$2,000. B. CITY SHARE. The City shall his responsible for ren percent (10%) of federally eligible Project costs, including its share of 'eat-relatedads; incurred by the AfaineDOT as descried in Paragraph C below. Under this Agreement, the City's matching share is Two Thousand Five Hundred Do0am ($2,50, or 10%of $25,000.) 1. The City also shall be responsible for all costs deemed ineligible for Federal participation and all costs exceeding Twenty -Five Thousand Dollars ($25,000) unless otherwise approved in writing by the MaineDOT and the MPO. C. MADIEUOT COSTS. All cats incurred by MaineDOT personnel in to development arta oversight of the PmjeCt shall be BCCOunted for wit Project funds. Such costs may include, but M not honed to: PrelivdnaT engineering, survey, environmental support, right-of-way support fund design reviews, construction engineering and audit D. RERrBURSEMENT. The MjdmjX)T shall reimburse the City forte Federal and State shares of eligible Projed costs, as set forth in Pmagraph A. L The City shall bill theWneDDT no more frequently then monthly, as follows: • ClaimsshallbesubmittedonO City'sbigheadatWreference WIN19440.00. Each invoice shall remain an itemized account of expenditures consistent with the • linebm budget required in Article D.B. Backup documentation and proof of payments made must accompany each invoice. • Each invoice shall have an accumulative total by cost category or budget line item, and a breakdown of the MeimllOT's and City's share of rota) casts. • Each claim shall includes statinnigirt fions the Project Coctrujundar that an=on= claimed are correct, due and not claimed previously, and that all applicable work was perforans in accordance with the teams of this Agreement. 2. If less &an One Thousand DOLIM ($1,000) in reimbursable costs is incurred, the City shall defy any such claim until the next monthly billing grated in which at least One Thousand Dollars ($1,000) in such costs is incuocel or until City submits us final claim. City ofgangor- LxalProfectAgreement Page 4 of Began Road/Haskell Road -WIN 19440.00 180 E. TheMaioeDOT reserves dm right to rsovm any payment m the City for any action or activity that subsequently becomes ineligible for Fedeml participation. The MmmDOT shall have the additional remedy of withholding future project -related reimbursements to the City. F. The Mai "T also may recover by any legal means any payment found m have arisen from em m, omissions or failures by the City to meet professional standards of constmcdon engineering and inspection. The Mamol)OT shall promptly notify the City of any such claim and give the 0" 11 opportunity to defend itself. Nit is later determined that any such reduction was made amneously, the MainsTOT shall promptly repay any amount an reduced. G. Once the MaioeDOT has paid the City's final claim or otherwise closed out the Project, any remaining Federal/State funds shall go back to the MPO for reprogramming. ARTICLE W. NON -APPROPRIATION A. Notwithstanding any other provision of this Agreement, the MadmaddM shall be released from its obligation to make payment toward the Project - and shall tenvinate this Agreement upon thirty (307 days' written notice to she City - if any of the following nectars: 1. Either the MPO or MaioeDOT does not receive adequme funds to support the Projat;at 2. Funds otherwise programmed for this Project are de -appropriated; or 3. The MaineDOT does not receive the authorityto expend foods otherwise programmed for the Project fmm the Maine State Icgislmure or Maine courts. ARTICLE V. TERMINATION AND DEFAULT A. The MaioeDOT reserves the right toterminme the payment provisions of Article IT in the event Of substantial default by the City, which is defined as any of the following: 1. Failure m show satisfactory progress- asdetermined by the MaineDOTProjemManager - within IS months of being given authorization to proceed; 2. Use of Project funds for a purpose other titan what is authorized by this Agreement: 3. Misrepresentation or falsification of any claims submitted by the City for reimbursement; 4. Failure to monitor adequmely the quality of work and/or materials; 5. Breach of any material provisions of this Agreement. B. The MaioeDOT shall notify the qty in writing within five (5) days of looming of an event leading to a claim of substanOm daymb. If the City fails M take corrective action within fifteen (15) days of receiving notification, the MaineDOT may terminate this Agreement upon written notice to the City. 1. Upon receipt of such notice, the Gly and all consultants and commemars covered by this Agreement shall immediately cease work- except for my work r uired to protect public beside and safety- and tum over to the MalueDOT all Project records and documentation within thirty (30) days of the effective data of such termination. 2. Anyre ening ProjectfutMsnhWlgobacktothe MPOinaccordancewith Article M..G. Liry ofBmem,- Local ProjectAgreement Pages of Mogan Road/Maskell Road -WIN 19440.00 8o ARTICLE VI RECORD RETENTION ACCESS & AUDIT A. All prinand and electronic Pmject records made by the City or its consultants)shall he Had with the MaineDOT upon complerion of the work covered under Us Agreement B. The City and its consulmnt(s) shall maintain all books, documents, papers, accouning records and other evidence of costs incurred htimaterf A"(5) years firm the dem of final reimbursement Reny litigation, claim, negotiation, audit or other action involving the records but been consul before the expiration athe 5 -yam period, the records must be remised and, completion of the action and resolution of all issues arising hors it. C. The City and its mnsultant(s) shall allow antborized representatives a the Stere of Maine and the Federal Crovemment in inspect and min moment Project chairman. Copies of requested documents shag be famished at no cost D. The City shall keep records in mwrdance with 48 CFR, Part 3l,"Contract Cost Principles and Procedures," and 49 CER, Pont 18, "Uniform Administrative Requirements for (amts and Cooperative Agreements to Some and I.aal Governments." E. Audits shall meet the"Generally Accepted Goverment Auditing Standards"(GAGAS). ARTICLE VIL GENERAL PROVISIONS A. Laws and regulations. AR activities conducted pursuant m this Agreemem shall comply with applicable laws and reguntmas, including but not limited to the following: Me 23 in the United States Cade (USC) for statumry law and Title 23 in the Code of Federal Regulabom (CFR) for administrative law. B 10delanderat CMWIIV. When carrying out the provisions of Us Agreement the City, its employees, common, consultants and/or agents are not acting as employees or agents of the NWINOOT. C. Indemnifcatlnn. To the extent marked by law, the City shall naturally and hold harmless the MaineOOT, is agents and employees form all claims, suits or liabilities raising tram my negligent or wrongful act, error or omission by the City, is consultants or mmmmos. Nothing humin shall waive any defense immunity or limitation of liability that may be available muter the Maine Tort am= Act (14 M.R.S. Section 8101 m seq.) or my other privileges or immunities provided by law. 1. ThisprovisionshdlsurviveanyPmi tionorezpiranonoftWAgree N..ItsMImre n eRective until epecificallY terminated or modified in writing by Ne parties to this Agreement ornegared by law. D. Ftow dnwo. All mno-aar bawmn[heCity aM anY consultant mn¢m[orar other Niad parry shall contain or incwporme by rememe all applicable provisions of this Agreement. E. Puual Emolovmentl>000mnd (EEO). The City shall comply wiN applicable MO requireroeas: aly0fBangor- Lorm PrejectAgreement Pve6of9 Hogan Road/Haskell Road -WIN 19440.00 if 180 1. The City and its consultant(s) Sul and discriminate against any employee or applicant for employment regarding work under this Agreement because of once, color, religious creed, sex, national Origin, ancestry, or or physical handicap unless related to a bona fide occupadmul qualification. The City shall take affirmative action to ensure that all such qualified applicants are employed and that all such employees are treamd without regard to their rete, color, religious creed, sex, national origin, ancestry, age unphysical handicap during my Period aemployment under this Agreemem Such action shall include, but not be limited m: employment upgrading, demotions, transfers, recruitment layoffs un graduations, cares of pay or other fomes of compensation, and selution for traniNng and apprenticeships. The City shall post promineatly in places readily available to all employees and applicants for such employment notices setting tough the provisions of this paragraph. 2. In all soiicittions for employees placed by or far the City for work undertaken pursuant to this Agreement, the City shall sista that all qualified applicants shall be considered regardless of rete, color, religious creed, sex, national origin, ancestry, age or physical handicap. 3. the City shall cause au of the foregoing equal employment opportunity provisions m be included in any contract for services or work under this Agreement so that the provisions Son binding upon each consultant -except for my contract for the purchase or supply of standard commercial supplies or raw maundria. 4. The City, its cuntracmm and consultants shall list all employment oppwmnifies raising Out of or attdbumble to the Project with the Maine Job Service, except for openings to he filled with personnel already employed within those organimtions before the effective date banned and net hired in anticipation hereof. F. Third -oat transference. lite City shag nm ruble, Sri], transfer, assign or otherwise dispose of this Agreement or my portion of it without the writer consent of the MeineDOT. No such disposal of this Agreement shall in my case release or relieve the Cityfrom my liability. G. The Patties further acknowledge and apace that: 1. Neither the City nor the Mainel shall be bound by any previous statement, correspondence, agreemrnt w representtiw ant expressly contained herein. 2 This Agreement is made and shall be construed under the laws of the Stage of Maine. 3. If any clause, section or provision is held m be invalid or unenforceable, that shall not effect the entire agreement, and the Parties shell negotiate a new clause, Stadion or provision. ARTI UMD TIKRM.c All Provisions ofthis Agreement -except for Article ILO (maintenance), Antele Vi.B (records) and Article VR.0 (indemnification) -Stull expire no more than four (4) yeara from the date of MaivelXyp's signature, unless othervdse modified by the Ponies. Chy ofgaggor- Local ProjecrAgreement Page 7 of Hogan Road/Haskell Road -WIN I944o.00 130 ARTICLE DL APPROVAL A. )_iebm_nt. By signing this Agreement, the City certifies— to the beat of its snowledge and belief—that it and its employees, agents and/or represmmrives mammon with the Prajecr 1. Are nm now debarred suspended, proposed for declared ineligible, or voluntarily excluded from eligible in this transaction by any Federal or State agency; 2. }lave not within the previous Wee (3) years been cnmiomly convicted or bad a civil judgment tendered against them — and are not now annually or civilly charged—in connection with my of the following: a. Obtaining, attempting to obtain, or performing a public (Federal, State or local) trurmcdon or contract under a public transaction; or b. Violmm Federal or Stare mfituat statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or removing stolen property. 3. Havenotwithin a3-yemperiodprxeding Nis moementhed oneormore public transactions (Federal, Some or local) terminated for cause or default. B. Itthe Cdy is unable to terrify to any of the preceding statements in this Article IX, the City shall much an explanation to this Agreement. C. no City agrees that it will not hire a consultant or contractor who is now debarred,suspended, propmed for debarment, declated ineligible, or voluntarily excluded from covered transaztions by any Federal or Satre agency. D. Mandan! authorization. The City represents that its legislative body has Islam au steps necessary and hiwful to approve the Project aM the City's entry into this Agreermad, has appropriated or authorized the use of any necessary funds its connection with said City's Pmticipatim herein and any financial obligations incurred bereby, and has Matter authorized the=*usigned Municipal mpms ntmive(s) to execute [his Agreement. IN WTTNESS WEEREOF, the parries have executed this Agreement effective on the date last signed. City of Bangor Maine Department of Transportation By: By: Catherine M. COWOn, City Mamger Joyce Ncel Taylor, Director, Bureau of Project llevelopment Dme: Dare: LYty o(Bangor- Loral ProJeetAgreemenr Pageg 79 Hogan Road/Haskell Road -WIN IMPOg APPENDIX A: FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT The City of Bangor and its coalmclom may be subject to the provisions of the Feeling Funding Accountability and Transparency Act (" FFATA') of 2006 as amended and any regulations, policies, procedures and guidance document adopted pumuant tbemto or in connection therewith. Because the FWeral portion of the Project exceeds $25,000, the City shall sip: this document under Paragraph (B) and mum it with the I ject Agreement and provide the following information, if applicable: A) The hard co naamition aW names of the top five executives Y. • More Nan N%of the City's atmuad poss mvenues are from the Federal Government aad • ]Lose mvenum are greaa than $25 million asmuslly; wage • Compensation information is not already available through reposing to the U.S. Seevtities and Bxchanp Commission fSF.C). B) The Legal Name and DLSNS®Numba on File with the federal Central Contractor Registration Sign and Prin[Legal CCR Name DUNS Numberp in Central Contractor Registration(CCR) is de primary registrant database for the U.S. FWttal GbWaffmt n'The DUNe Number is a unique mw&Or identification assigued and mutual OW solely by Dan & Bradstreet fi & ). DUNS Number assippncnt is free for all businesses requ tint m register with it, US Federal government(am #tabove)for contracm m gams, Created in 1962, the Data UNveral Numbering System or DUNS° Number is D&B's copyrighted, proprietary mems of identifying business entifies. My ofBangar-Local Pro/ectAymemant Page 9 of Mogan Road/Haskell Road -WIN 19440.00 MaineDOT MUNICIPAUSTATE AGREEMENT BEfwEENTEfE State of Maine Department of Transportation AND THE City of Bangor REGARDING Jusinflanfion of video detection at the intersection of Ho m Road and HmkelM WORK IDENTIFICATION MIMBER 19J40.00 This AGREEMENT is entered trim by and between the MAINE DEPARTMENT OF TRANSPORTATION Me MameDOTT and the CITY OF BANGOR, a municipal connotation and body politic located in Penobscot County, Maine ("the CITY') regarding to installation, operators and maintenance of traffic signals and associated equipment at the location described above in Bangor, Maim assembler project) as follows: A. TM CITY agrees to operate and maintain the traffic signals and associated equipment as described above be function as designed and installed by the CITY on behalf of the MaineDOT, unless approved otherwise, as follows: I. All malfunctions and deficiencies in the traffic signals or my equipment appunenmt thereto shall he repaired or otherwise conectd[ expeditiously in acrormce with the Institute of Transportation Engineers' (ITE) "Traffic Signal Installation and Maintenance Manual" Any failure to correct the oaffic signals to function as designed could, upon written notification from the McIneDOT, result in the MalneDOT making all necessary repairs at the CITY'S expense. 2. The visibility of the trader signals shall be preserved and maintained at all times by removing any visual impairment thereby 3. No charge in operation or modification tithe made signals or any equipment appurtenant thereb shall be made without the express written approval of the MaineDOT. 4. The Mate"T shall be notified in wring prior to my removed or replacement of he traffic signals or any equipment and appummant therm. Upon removal, such traffic signals or equipment so removed shell be rearmed to that Augusta Sign Shop on Capitol Street in Augusm without any crat to the MalneDOT, unless agreed otherwise in writing. B. The CITY agrees in be responsible for the electrical and phone service for he traffic signals and agrees in execute my necessary documentation requved b establish such service and provide any local permits necessary, for the insulation of such service. C. The CITY agrees to maintain all pavemem markings boaludina stop bars, lane use arrows and all Wriping n saryto delineate the boding lane) and all traffic control signs as furnishN under the proje D. The CITY agrees to allow Ne contrenor for the project to comml all traffic within WE designated work areas m smb dmes and in such a mamwr necessary to permit construction of the pmject and the installation of the traffic signals as specified in the hmTC control plan approved by the MaipeDOT. The padui hemm agree on be bound by the terms and conditions of this AGRTME Wand hereby""We this Ala mart in duplicate effdive on the day and date signed by the MeineDOT. CITY OF BANGOR By DATE: Catherine M. Conlow, City Manager STATE OF MAINE DEPARTMENT OF TRANSPORTATION By: DATE: Dile F. Doughty Director of Maintenance g Opuations Page 2 of 2 it f_80 StmeAMSNo.: MaineWl"CEN. MaineDOT TEDOC No.: Loral Project Agreement Between the State of Maine, Departrnent of Transportation And the City of Bangor Federal Project ACSTP-1940(100)X, Ma mE OT WIN 19441.00 This Agreement is made between the Mame Department of Triesporldron Cline Me1neDOT,") an agency of Maine Sure Government with its headquarters on Gild Street in Augusta, Maine, and a mailing address of 16 Suite }louse Stones, Augusta, ME 04333-0016; ail the City of Bangor C'the C;ty'T, a municipal corporation and body politic with its principal administrative offices a 73 Hmlew Street, Bangor, ME Will, WHEREAS, the Prywt described herein was selected for finding and inclusion in the MmneDOT 2012-2013 Biennial Capital Work Plan by the Bangor Area Comprehensive Transportation System, the designated Metropolitan Planning Organization fm the Bangor Urbanized Area ('the MPO,'7lncorrect a 40 Harlow Street in Bangor, Maine; and WHEREAS, this Agreement sets Out the terms and conditions of the Ponding for the Project, as programmed by the MPO and approved by the MaimDOT. NOW, THEREFORE, in consideration ashe foregoing, the parties agree as follows: ARTICLE I. DEFINITIONS When used within this Agreement, the terms listed below shall m defined as follows: • Pmjan Installation of video detection along flit Penobscot Bribe Corridor in Bangor, Maim ('the Project.") Im work —at be performed by or for the City and oriental by Me MeinelaM—shall consist of ineuBntion of video haffc detection systems at the intersections of Oak St/Hancock St., Oak St.Mashington Sl, and Washington Sc,/Exchange St. • Project Coordination: The person designated by the City to oversee all local responsibilities. This person is the mmiapal liaison with the MaineDsX. • Project Madmen The person designated by the MaineDOT re oversee all Sure responsibilities. This person is the Suite hajson with the City. ARTICLE H. PROJECT DEVELOPMENT A. AUTHORIZATIONS. The City must receive authorization from the MaimDOT before Performing work or procuring services under this Agreement. Any municipal costs incurred before such approval is granted shall be inert lieible for reimbursement and shall not be etdited toward the City's matching share. Additionally: Cityoflovator-Local ProjeneAgreement Pone 1 af9 foremost londum Corridor - HON 39441.00 1. ChangesmNe Pojec[xope or objwdves shill require written approvalfrom Ne MPO avec MaineDlYf. I The Cityshallwtchan myte oftis Agreementwithoutw6tmappmvalfromte Ma FUTOM. B. BUDGET. Told federally participating funding for the Project— asprogrammedbythe MPO — is Forty -Five Thousand Dollars ($45,000), and the City shall prepare a line -item budget for the MaineDOT's approval. 1. Gore the MaioeEM approves the budget expenditures may trot exceed any single cost category or live -item amount by more Nan ten percent (I") without Ne MaineDOT's approval, through a change or extra -work order. 2. Total fe tsithypmticipating cods shall not exceed to amount shown starve (Paragraph B) without written approval from the MPO coed to Mainepim. C. WORKPLAN. Upon receiving notice to proceed, the City shell submit for WmI)OT approval a work plan and schedule briefly describing how and when it intends to proceed wit to Project work. D. CONSULTANT SERVICES. The City may hire a consultant as mcessary to pertorm engineering and design services, as follows: 1. Aqualificetions-based selection process shall be used; 2. NO contract shall be awarded without the approval of to Maim TOOT; and 3. The mmstrecent session of Main"T's Consdtmm General Conditions shall govern all nomconstractimn work. E. FLANS, SPECIFICATIONS, AND BSTIMATTS. The City or its consultant Nall prepare a 11 plans, specifications, estimats, and contact documents, as follows: 1. Documentsshallwnformmapplicables onsofte MaineMTStmdard Specifications and MalneDM Standard Details, bot from December 2002 2 All such documents shall be submitted to the MaiveDOT for review and approval before the City requests authorization in solicit bids for construction. F. 11TWTIES. Plans and specifications shall comply wit Ore MobefiCT's Utility Accommodation Policy (1]-229 CMR Chapter 210.) The City tar its consultant shall cwrdinate all rumors regarding utilities, prepare all documentation, and submit such documentation to the MaineDOT for review before requesting authorization to solicit bids for construction. G. The City or its consultant shall obtain all approvals, permits and licenses necessary to construct the Project. Copies of each shall be provided to the Project Manager, H. ENVIRONMENTAL PROCESS. Tto City or its consultant shall prepare and submit to the MahoD(YT for review all Mrsuired environmental studies and reports. The MaineDOT, in tum, shall submit to to Federal Higbway Administration all documentation raptured under the Nadond Enviromrumd Policy Act. City ofBungor-Local Presto Agreement Pwezofg Penobsmteridge Corridor- Half ]9441.00 `FSG 1. The City shall provide for any public participation in the development of the Project and notify the MPO staff sad the MaineDOT Project Manager of any public meetings. J. PROPERTY ACQUSITION. Dthe Project requires acquisition of eery property, the Mmin )M shall acquire all such property rights. K. ADVERMEANDAWARD.6ftaWfiromthcMaineDOT. the Cityshail either solicit forcompeotive bids or utilize a "Force Account" process m concoct the proper, as described is Paragraph L below. if a contractor is Nord by competitive bid, the City shall follow the process outlined below: 1. Bids s1ul16e sOUned in accordance with the plans and specifications that the NleineD(sy has approved. 2. The City shall follow stare and Federal procurement policies and procedures, unless otherwise approved in writing by the MaineD(YT. 3. The City and the MaimilhM may accept or reject any and all bids. 4. The City shall not award a concoction contract without the MaineDOT's writmn approval. 5. The contract shall specify that the Project comply with the Mained)OT's Shortland Specifications (Daxmber 2002) and applicable special provisions. 6. Upon award, the Ltity shall hold a preconstruction meeting involving the MaineDOT's Project Manager, the contractor, and all utilities and other parties involved N the Project L. FORCE ACCOUNT. Uthe City wishes to construct the Project with municipal forces, the City first most obtain written approval from the MsimeDOT. If authorized m use a'Tome Account" process, the City shall comply with applicable Federal regulations -23 CFR, Parts 635.201 m 635.205. M. CONSTRUCTION. The City shall administer any concoction contract and provide the supervision, inspection and documentation necessary to ensure that the Project is completed to the MaireDOT's satisfaction in accordance with the plans, specifications and provisions of dse contract as follows: 1. TheCity's Project Coordinator or qualified designee shall be responsible for the Project at all mass. 2. The City shall use procedures acceptable to the MaineDOT to decontrol thequantity and quality of all cmvstntction-related work performed under this Agreement. a. The City shall provide the MaineDOT with weekly progress reports. It. All documentation shall be retained as provided under Article FV. 3. The Citymall provide for all mataials testing required for the Project. 4. Traffic m work zones shall be controlled in accordance with Part Vi of dun Federal Manual on Un form Twffiic Control Devices for Server, mut Highways (NWCD). 5. If applicable, the City upon completion shall provide the MmimeDOT with a set of "as - built" plmis on Mylar or equivalent note val-quxdty material acceptable to the MaineDOT. 6Yry lBangor- ional PrjectAgreement Page 3 of Peaobacot smite Corridor - WIN 19441.00 6. Upon completion, the City shill certify that the Project was concocted, quunoies were measured aM documented, and materials were most in accordance with the plana, specifications and provisions of the construction conduct, and in accordarce with the policies and procedures approved by the MaineDOT. N. INSPECTION. The MaineDOT may inspect construction activities and documenmtion - and rest any materials used - to ensure compliance with the combustion common. The MaioeddOT may reject any work or materials not in such compliance. 0. MAINTEISANCE. The City "I maintain all equipment installed as pan of the Project as described previously in Article 1, and shill execute with the MimdEK T a seprode MunicipaVState Agreement so stating. ARTICLE DI COSTSHARDVG & RE)MB NT A. MAINEDOT SHARE, The MameDOT- using funds progranuved by the MPO - shall be responsible for ninety percent (90%) of federally eligible 9ojccd costs, or body Thousand Five Hundred Dollars ($40,SM, or 90% of $45,000). For proposes of audit, the MaincDOT's slime shall consist of the following: • Pedemlmdmg-$36,00,m00%rf$45,000. • Starefwding -$ 4,500,or10%of$45,000. B. CITY SHARE. The City shall be responsible for mo percent (10%) of federally eligible Project costs, including to shis ss of rHatetlcods' rred by theMahreDOT as described in Paragraph C below. Under this Agreement the City's muchlng sham is Four Thousand Five Hundred Dollars ($4,50, or 10% 0$45,OW.) I. The City also shall be responsible mrall costs deemed ineligible for FedemT participation Md all casts exceeding Forty -Five Thousand Dollies; ($45,OW) mess otherwise approved in wrifin by the MaineDOT and Ne MPO. C. MAINEDOT COSTS. All costs incurred by M WeDOT personnel in @e development and oversight of the Project shall be accounted for with Project funds. Such costs may inciudq but are not limited to: pirchimury engineering, survey, environmental support, right-of-way support, final design reviews, construction engineering, and audit. D. REN' SEMENT."e MaWeDOTshallofmbmi �e Ne Cityberthe Fedusland State shares of eligible Project casts, as set forth in paragraph A. 1. The City shall bill the MaiaeDOT no more frrquem0y than monthly, as follows: • Claims shall be submitted on the City's billhend and reference WM 1944.W. • Each invoice shall contain an donated account a expenditures consistent with the line-imm budget regwred in Article D.B. Backup dacmneumtion and proof of payments made must accompany each invoice. • Each invoice shall have an accumulative man by cost category or budged line item, and a breakdown of the MeineDOT's and City's shares of mol costs. Each claim sbal includes from the Projeat Coming matallamornts claimed are correct due and trot claimed previously, aM that all applicable work was perfonved in accordance with the terms of this Agreement. MY ofBaggor- LocalerofectAgreemad Pg9e4a/9 Penobsrot Bridge Corridor- WIN 19441.00 I B less than One Thousand Dollars ($1,000) in reimbursable were is incurred, the City shell data tiny such claim until the next monthly billing period in which at least One Thousand Dollars ($1,000) in such costs is incurred or until City submits its final claim. E. The MeineDO'F reserves the right to recover tiny payment to the City for any action as activity that subsequmlly bermes ineligible for Federal participation. The himeUOT shall have dee additional remedy of wirhholding future Project -related reimbursemeata to the City. F. The MeinellOT also may recover by any legal means any paymant found to have arisen from mom, emissions or failures by the City M mat professional standards of construction engineering and inspection. ]tun MmscDOT shall promptly notify the City of airy such claim mal give the City full WPmtuhity to defend beelf. If it is lam, delerminvA that any such reduction wns made erowmmsly, the MainelaUrf shall promptly repay any amount so reduced. O. Once the MaiceDOT has paid the City's final chum or otherwise closed out the Project any remaining FederUStere Ponds shall go back o the MPO for reprogrammi�. ARTICLE N. NON -APPROPRIATION A. Notwidneuvding any other provision of this Agm Brent, the MalneDOT shall be released four its obligation to make payment toward the Project—and shall temdnate this Agreement upon thirty (30) days' written notice to she City — if any of the following occurs: ]. Eithmthe MPO or MeiaeDO1'doesnot receive adequate tundsmsupporc the Project; or 2. Funds otherwise pogremmed for this Project are deappropriated;or 3. The MaineDOTdoatwtreceive NeauN tytoexpendfmdsotherwiseluogmmmedfnr the Project fore the Maine State I<gislature or Maine courts. ARTICLE V. TERMBiATION AND DEFAULT b The Maineli reserves the right w krumam the payment provisions of Article lR in the event of substantlal default by the City, which is ddrmil as any of the following: 1. Failure, to show satisfactory progress — as remained bythe MaineDOTProject Manager — within IS months of being given auderi orcor in proceed; 2. Use of Project Ponds for a movies other Nan what is authorized by this Agreement; 3. Misrepresentation or falsification of any claims submitmd by the City for reimbursement; 4. Failure to mother adequately the quantity of work andlm materials; 5. Breach of any material provisions of this Agreement. B. The MaineD(FT shall notifydw City in writing within five (5) days of teaming of an event leading w a claim of substantial default. If the City fails on oke corrective action within fifteen (15) days of receiving notification, the MaloehK)T may terminate this Agreement upon written notice to the City. Ory ofBassior Locul ProjectQgreement Page S of Penagsrt Bridge Corridor - WIN 19441.00 i' f8o 1. Upon receipt of such notice, the Gly aM all consultants and contractors covered by this Agreement shall immediately cease work - except for any work required to protest public health and safety -atd mm over or the Ma aai all Project momils and documentation within thirty (30) days of the effective data of such termination. 2. Any remaining Pmjat funds shall go back in the MPO in aaordence with Article llLG. ARTICLE VI RECORD RETENTION ACMS & AUDIT A. All printed and electronic Project records made by the City or its consultands)shall be filed win the MeiatIOM upon completion of the work covered under this Agreement B. The Gty and its convoltmt(s) shall maintain all books, diamonds, papers, accounting records and Other evidence of costs incurred hereunder for five (S) years firm the date of final reimbursement R any litigation, claim, negotiation, audit or other action involving the mcmds has been started before the (Aphation athe 5 -year period, the records must be rumored unfit completion of the action and resolution of all issues arising firm it. C. The City mil its consWmnds) shall allow aunoriadrepresematives a the State of Maine and OW Federal Govemmmt to inspect ad audit pigment Project docummts. Copies of unpinned documents shall be fumsbed a no cost. D. The City shall keep rarorcLs in accordance win 48 CFR, Part 31,"Coraw Cost Principles audit Procedures;' and 49 CFR, Part 18, "Uniform Administrative Requirements for Giants and Cooperative Agreements or State and Locd Govemmnds." E. Audits Add meet the "Generally Accepted Govemment Auditing Standards"(GAGAS). ARTICLE VIL GENERAL PROVISIONS A. Laws and remlatons. All activities conducted pursuant to this Agreement shall comply with applicable laws and regulations, including but not limited to the following: lisle 23 in the United States Code (USC) for summary law and Title 23 in the Code of Federal Regulations (CFR) for administrative law. B. Indenmdent t a Gritty. When carrying out the provisions of this Agamnent, the City, its employees, contractors, consultants and/or agents are not acting as employees or agents of the MaineDOT. C. Bdevmifimtlon. To the extent perrmad!bylaw, the Gty shall indemnity and hold handeas the himucDOT, do agents and emplayees from all claims, suits in liabilities arising from my lwgligem or wrongful act error or omission by the Gty, its consultants or commands. Nothing herein shall waive my defense immunity or Emimtion of liability duet may be available under the Mame Tort Claims Am (14 M.R.S. Section 8101 a seq.) or my other privileges or immunities provided by law. L Thur Prov on sWI survive coy remninadon or expiration of this Agreement It sham remain effmtive until speeifiwtly terminated or modified in writing by the parties to this Agreement or nagged by law. Chy OfeangOr LomlProjeRQgreement Page 6 of Perimrmirrum Comfdor- MN 194f1.00 t80 D. lam. All mntrecs between the City and any consultant mntructor or oma Nirdpary shall contain or i uxxporate by reference all applicable provinces; of this Agreement, E, Enual Emdovment Opp (EEO). Tbe City shall comply with applicable MO requirements: 1. The City and its consultant(s) shell nal discriminate against any employee or applicant for employment regaNing nark urWer this Agreemew because of race, color, religious aced, x, refund origin, ancestry, age or physical handicap unless related to aform fide campetio rd qualification. The City shall take gpirmative anion m ensure Nat all such qualified applicants are employed and Nat all such employees are seated witlmor regard m test race, color, religious crem, a", counsel origin, ancestry, age or physical handicap During any period of employment under this Agreement. Such action shall hmlude, but not be IimitW m:employment, upgrading,demotions, members, recruitment layoffs or terrvinatione rates of pay or other forms of compensation, and selection for training awl apprenticeships. The City shall port prominently in places readily available m all employees and applicants for such employment notices setting form me provisions of this paragraph. 2. In all solicitations for employees placed by or for me City for work undertaken pursuant m this Agtecuent the City shall mate mat all qualified applicants shall be considered regardless of race, cola, religious coved, sex, normal origin, ancestry, age or physical handicap. 3. The City shill cause all of the foregoing equal employment opportunity provisions to he included in any contract for services or work under this Agreement so mat the provisions are binding upon each consultant -except for any mused for me purchase or supply of ended commercial supplies or mw materials. 4. no City, its contractors and consultants shill list all employment oppornmifies arising out of or attributable to to Project with pus Maine Job Service except for openings to he filled with personnel already employed within those organizations before me effective can hereof am not hired in anticipation bawl. P. Third -oars trunsference. The City shall not sublet,sell,transfer, assign or otherwise dispose of this Agreement or my portion of it without the written consent of the MameDOT. No such disposal of this Agreement shall in any case release or relieve me City from any liability. G. The Parties further acknowledge and agree that: 1. Neither the City nor the Mmwl[) T shill be bound by any previous statement, mmespondence, agreement or representation not expressly mnwined herew. 2. This Agraementismad shdlbeconmw undo Nelawsoftbe Stateof Milne. 3. Wary chose, Section or provision is hold an, be invalid oruronforces6le, that shall not affect to entire agreement and to [series shall negotiate a new clause, sawn a provision. reyofBangor- LocutPro)ectAgreement Pope]of9 Penobscot Bodge Corridor-WM 19441.00 I 180 ANTI VIH. TERaan: All provisions of Ws Apxeement—except fm Articte B.O(maintenance), Article VI.B(records) and Article V C(mdemnifiwtion)— shall expire no more than four(4) years from the date ofMaineDOT's squarer, unless otherwise modified by the Parties. ARTICLE IX APPROVAL A. By signing Us Agrxmed4 the City entities— to the best of its knowledge and belief—Nn it and its =Ployees, agents and/or representatives associated with the Project I. Are net now debsared,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from eligible in Nis tmnsadon by any Federal or Same agency; 2. Have not within Ne pmviousChose (3) years been criminally convicted or had a civil judgment tendered against Nem—and are not now criminally or civilly charged — in transaction with any of the following: a. Obmirdng,mmmptingmobtain,orperformingapublic(Fda ,Smtemlocal) transaction or contract under a public transaction; or b. Viobriag Fedemlm Sm mfiwststamtesormmmissionofe zlementthefi, forgery, bribery, falsification or destruction of records, malting Nlse statements, or receiving SWIM property. 3. Have act within a 3 -year period preceding this agreement had one or more public transactions (Federal State or local) terminated f cause or default. B. H the City is unable to readily many of the preceding statement in this Article M, Ne any AO much an explanation to Nis Agreement. C. The City agrees tbaz it will not hire a consultant or consumer who is now debmral,suspended, proposed far debarment declared ineligible, or voluntarily excluded from covered tmnsacdons by any Federal or State agency. D. Municipal andsonzation. The City represents Nat its legislative body has taken all steps necessary and lawful to approve Ne Project and Be City's entry into this Accountant, has appropriated or auNcamusl the use of any naeBsaay funds in connection with said City's participation herein and any financial obligations incurred hereby, and has further authorized the undersigned Municipal represenmfive(s) to execute this Agreement. W WITNESS WHEREOF, the Parties have executed this Agreement effective on the dam last signed. City of Bangor Maine Dept rhnent of Transportation By: By: CaWedne M. Coolow, City Manager Joyce Noel Taylor, Director, Bureau of Project Development Date: Date: LRy0flaw gor- LocalPmJecrAgreemenr Page B l9 Penobscorfardge Corridor - WIN 1944100 dl 180 APPENDIR A: FEDERAL FUNDWG ACCOUNTABILITY AND TRANSPARENCY ACT The City of Bmgor and its contactors may be subject to the provisions of dm Federal Funding Accountability and Transparency A CWATA")of 2006 as amended and any regulations, policies, procedures and guidance documents adopted pursuant thereto or in commotion tfwrewiN. Because ted Federal Notim of the Project exceeds $25,000, the City shall sign this document under Paragraph (B) and return it with der Project Agwment and provide the following information, if applicable: A) The total compensmion and aas¢a of ted top five exwudvesi(': • Mote than 80%of We pry's manual gross revenues ate firm the Fedmul Government; agd • Those revenuer m greater than$25 million annually; and • Compensation information is not already available through reposing W the U.S. Savrifies and Exchange Commission (Sw). B) The Legal Name and DlINS® Number on File with@eWere! Canhal Contractor Begisuation M. Sign and Not IegaI CCR Name DUNS®Number of The Gerard Contractor Begisvadon (CCR) is the Winery registrars: dvabaae for tic U.S. Federal Government. O Tho DUNS°Number is a uoulue nim -digit identification assigned and maintained solely by Dun $ Bradstreet (D&B). DUNS Number assignment is Bee for all businesses mcp sed m register moidi ted US Fedusl goveMIment Lee# 1 above) for ronea„" or grants. Crested in 1962. the Data Universal Numbering System or DMS* Number is D"'s copyrighted, propdehry roam of identifying busimss entities. LSry of Bangor- local Pr*ctAgreement Page9 f9 Penobscot Bridge Corrtdor - WIN 19441.80 3.aa MaineGOT MUNICIPAL/STATE AGREEMENT BETWEEN TI6I State of Maine Department of Transportation ANDTHF City of Bangor REGARDING Installan fvideo"Stection Symonsat the f 1 OakSt./Hancock Steak St/Washmvto St., godWashington h St. in Bangor. Maine WORK WENTIFICATION NUMBER 19041.00 This AGkEEMEN'T is entered into by and between the MAINE DEPARTMENT OF TRANSPORTATION ('the Ma mi)(ir ") and the CITY OF BANGOR, a municipal corporation and body politic lacnred in Penobscot County, Maine ("the CITY") regarding the installation, operation and maintenance of traffic signals and associated equipment at the location described above in Bangor, Maine (hereafter pmjwt) as follows: A. The CITY agrees to operate and maintain the traffic signals and associated equipment as described above to function as designed and installed by the CITY on behalf of the D4mug)OT, unless approved otherwise, as follows: 1: AE malfunctions and deficiencies in the traffic signals or any equipment appurtenant thetem shall be repaired or otherwise corrected expeditiously in accordance with the Instltute of Transportation Engineers' (ITE) "Traffic Signal fnsmlledon and Maintenance Manual." Any failure to correct the sell signals to function as designed could, upon written notification from the edm eDOT, result in the MaineDOT making all necessary repairs at the CITY'S expense. 2. The visibility of the traffic signals shell be preserved and maintained at all times by removing any visual impairment thereto. 3. No change in operation or modification to the traffic signals or any equipment Appurtenant thereto shall be made without the express written approval of the Mairujim. 4. The MalneDOT shall be notified in writing prior bony removal or replacem an of the traffic signals or any equipment and apportioning thereto. Upon removal, such vadlic signals or equipment so removed shall be returned to the Augusta Sign Shop on Capitol Street in Augusta without any cost to the MaineDOT, unless agreed otherwise in writing. "u0 B. The CITY agrees to be resporuable for die electrical and phone service for the haffic signals and agrees to eucure any necessary documenmtion required to establish such advice and provide any local Permits necessary for the installation of such service. C The CITY agrees to maintain all pavement markings (including scop bare, bare use arrows and all sniping necessary, to &line= lie turning bane) and etl traffic cooter, signs as Incising under the project. D. The CITY agrees to allow the contractor for the Project to control all traffic within all dmignated wank areas at such times and in such a manner arcs a y, to pemdt construction of the project and the noWlation of the traffic signals as specified in the traffic control plan approved by the McWe1R)T. TM parties berem agree to be bound by the terms and condition; of this AGREEMENT and hereby«¢cute Nis Agreeacent in duplicate effective on the day and data signed by the MaimDOT. CITY OF BANGOR By: DATE: C rWc M. CDNow, City Manager STATE OFMAINE DEPARTMENT OF TRANSPORTATION By. DATE: Dale F. Doughty Director of Maintenance & Operations