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
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(R a ftymioe Various tl'i Deoa�f of
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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
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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
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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
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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