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HomeMy WebLinkAbout2002-05-13 02-207 ORDERDate: 5-13-02 Item/Subject: Order, Authorizing the City Manager to Execute Local ProjeR Agreements with the Maine Department of Transportation for Traffic Signal and Intersection Improvements at Mount Hope and Howard, Stillwater and Howard, Stillwater and Penn Raza, Stillwater and Essex, Hogan and Mount Hope, Cumberland and Harlow, and Haskell and Hogan. Responsible Department: Engineering Commentary: The attached Order auMonzes the execution of bral project agreements with the MDOT far a variety of traffic signal and Intersection Improvements. The City and the state have been working for some time to bring these projects into reality. These projects will he administered by the Qty with 90% of Me funding coming from the state and 10% from Me City. The total cost of all the projects is estimated to be $1,115,000. In addition to Improvements at tousling signalized intersections, new signals will be installed M Mount Hope and Howard, Stillwater and Howard, and StllWater and Penn Plaza. The agreements are In the standard State format which the City has executed on a number of previous MOOT projects. We recommend your approval. —Jim Rim Department Head Manager's Comments: Recommend approval. City Mamger Associated Information: Order, Memorandum from Arthur Ruckus rrr Legal Approval: 'tar Introduced for CommonCommon%Passage IstReading Page_of Refs Referral 02-20) Assign W Councilor Allen May 13. 2002 u CITY OF BANGOR (TITLE.) Order, Authorizing the City Manager to Execute Local Project Agreements with the Maine Department of Transportation for Traffic Signal and Intersection Improvements at Mount Hope and Howard, Stillwater and Howard, Stillwater and Penn Plaza, Stillwater and Essex, Hogan and Mount Hope, Cumberland and Harlow, and Haskell and Hogan. BY me Ctty Cbuxi/ of Nre OIY ofBarW: ORDERED, That the City Manager is hereby authorized and directed to execute Local Project Agreements with the Maine Department of Transportation for the purpose of developing traffic signal installation and Intersection improw:ments at Mount Hope and Howard, Stillwater and Howard, Stillwater and Penn Plaza, Stillwater and Essex, Hogan and Mount Hope, Cumberland and Harlow, and Haskell and Hogan. I9 CITY CoMIl May 13. 2002 - Teased CI CLEftR 02-201 ORDER Title, Authorizing the City Manager to Execute local Project Agreements with the Maine Department of Transportation for Traffic Signal and Intersection Improvements at Mount Mope and Mansard Assigned to Stillwater and Penn Plaza. Stillwater and Essex. Mogan and Mount Mope.Cumberland and MailWti7ke11 and Mogan Councilor June 19, 2002 Mr. Fdward A. Barrett City Manager CityofBangor 73 Harlow Street Bangor, ME 04401 Subject: Preliminary Engineering and Bight of Way Authorization Federal Project No. STT -1002(400)X, PIN 010024.00 Dear Mr. Barrett: Enclosed is your copy of the fully executed original lmSd Project Agreement for the proposed traffic signal and intersection improvements at the intersection of Stillwater Avenue and Perm Plaza Entrance in the City of Bangor, under Project No. ST£P-1OW(4)0)X/PIN 010024.00. This letter is In inform you [haz federal bidding for Preliminary Engineering and Right of Way have been authorized and obligated for the project Expenses intoned for Preliminary Engineering and Right of Way are rehabumable as of today's date. Please proceed with the project and provide me a line item budget and anticipated project schedule as soon as possible m I can update the lvIDOT financial tracking system. If the depaimpent can assist you in my way or if you have any questions please call me at (207)624-3620. Sincerely, p E�,� S eEandry,P i Asst State Traffic Engineer Bmeau ofMaimerlance &Operations Enclosm, THE MAINE DEPARTMENT OF TRANSPORTADNON IS AN AFFIRMATIVE ACTION EQUAL OPPORTUNITY EMPLOYER STATE OF MAINE^ .� 2 DEPARTMENT of TRANSPORTATION ?V;` 16 STATE NOASM SIA TION AUGUST0433] 00 6 ANSAS S Kim ER. .MEWn6E G�_a47 June 19, 2002 Mr. Fdward A. Barrett City Manager CityofBangor 73 Harlow Street Bangor, ME 04401 Subject: Preliminary Engineering and Bight of Way Authorization Federal Project No. STT -1002(400)X, PIN 010024.00 Dear Mr. Barrett: Enclosed is your copy of the fully executed original lmSd Project Agreement for the proposed traffic signal and intersection improvements at the intersection of Stillwater Avenue and Perm Plaza Entrance in the City of Bangor, under Project No. ST£P-1OW(4)0)X/PIN 010024.00. This letter is In inform you [haz federal bidding for Preliminary Engineering and Right of Way have been authorized and obligated for the project Expenses intoned for Preliminary Engineering and Right of Way are rehabumable as of today's date. Please proceed with the project and provide me a line item budget and anticipated project schedule as soon as possible m I can update the lvIDOT financial tracking system. If the depaimpent can assist you in my way or if you have any questions please call me at (207)624-3620. Sincerely, p E�,� S eEandry,P i Asst State Traffic Engineer Bmeau ofMaimerlance &Operations Enclosm, THE MAINE DEPARTMENT OF TRANSPORTADNON IS AN AFFIRMATIVE ACTION EQUAL OPPORTUNITY EMPLOYER LOCAL PROJECT AGREEMENT BETWEENTHE DEPARTMENT OF TRANSPORTATION AND THE CITY OF BANGOR REGARDING THE PROPOSED TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF STILLWATER AVENUE AND THE PENN PLAZA ENTRANCE TINDER FEDERAL AID PROJECT NO. STP -1002(400)X PROJECT IDENTIFICATION NUMBER (PIN) 010024.00 This AGREEMENT is entered into on this �Orday of 1 v.1 `Wrl , 2002 by and between the STATE OF MAINE DEPARTMENT OF J TRANSPORTATION (hereafter DEPARTMENT) and the CITY OF BANGOR, a municipal corporation located to PENOBSCOT County (hereafter CITY) regarding trufic signal installation and intersection improvements at the intersections of Stillwater Avenue and The Penn Plaza Entrance under Federal Aid Project No. STP -1002(400)X, Project Identification Number 010024.00 (hereafter project), which has been included in the DEPARTMENT's Biennial Transportation Improvement Program (BTIP) for Fiscal Years 2002/2003 contingent upon a portion of the cost there of being provided by the CITY, as follows: L PROJECT DEVELOPMENT A. The Purpose of the project is to develop traffic signal installation and intersection improvements at the intersection of Stillwater Avenue and Penn Pleva Entrance, as aforesaid. The total participating cwt of the pmject as defined under Article 11, Paragraph A.1 shall not exceed Eighty Thuusanef (J80,000) Dollars without the express written approval of the DEPARTMENTashereinafterprovidedusder Paragraph O.1. Eeimbursement as herehtafter provided under Article R shall be limited to no more then ninety and fifty-two hundreths (90.52%) percent as hereinafter provided under Article 11, Paragraph B. B. The CITY shall submit a line item budget to the DEPARTMENT for approval based upon a detailN estimate of project costs. 1. (note such a budget is approval, expenditures subject to reimbursement as hereinafter provided shell not exceed any single cost category or budget line item amount by any mom than but (10%) percent without approval of the DEPARTMENT. PJN010024.00 Page 2 ofl2 2. In no event shall the total of all such expenditures exceed the total amount allowable for the project as hereivaflu provided under Paragraph 0.1. C. The CITY shall not perform or authorize any services or work under this Agreement without first receiving the express approval b do so in writing been the DEPARTMENT. 1. Such approval shall be contingent upon the DEPARTMENT receiving authorization from the Federal Ilighway Administration (hereaba FRWA) for federal participation in the project costs hereinbefore described. 2. Any costs incurred by the CITY prior to receiving such approval from the DEPARTMENT shall W ineligible for federal participation and therefore not reimbursable by the DEPARTMENT under the provisions of Article U. D. The CITY shat develop and prepare all of the necessary design plans, specifications, estimates and contract documents for the project as directed by the DEPARTMENT in accordance with the DEPARTMENT's standards and pcocedares for procuring conetmetion contracts for federal-aidprojects. The CITY shall submit all such plans, specifications, estimates and contract documents to the DEPARTMENT for review and approval prior to procuring any such contract. 1. All plans shall measure 22 inches by 36 inches and include the level of detail necessary tocor ctsuchimprovemenisthamaonersatisfactorytothe DEPARTMENT. Such plans may include, but are not necessarily limited to: tide or rover slmeet, plan and profile, typical sections, standard details, special details and crass sections. 2. All design features shall conform to the standards used by the DEPARTMENT as set forth in its "Highway Design Guide" and "Standard Demils for Highways and Bridget and comply with the DEPARTMENT's utility accommodation policy as set forth in its "Poing On Above Ground Way Leanness". 3. All plans aM contract documents shall specify that the project be corsNmMed in compliance with the DEPARTMENT's "Standard 4e hcanoasjor Highways and Bridges "(hereafter Standard Specifications). 4. The CITY shall be responsible for all necessary utility coordination small shall certify to the DEPARTMENT that all utilities potentially affected by the proposed highway improvements have beennotified end offered plans of the proposed improvements. Prior to the approval of fiml plans as hereinafter provided, the CITY shalt certify to the DEPARTMENT that all necessary utility 4martents or relocation have been coordinated with the affected nobly. 5. Any work involving f e account procedures shall require the express approval of the DEPARTMENT. PAPL "2 P1N010014.00 Page 3 afl2 6. Upon approval of final design, all plans so approved shall become known as the fowl plana (hereafter Final Plans). E. The CITY may contract for mgiveering and design related services as necessary to develop, design or construct the project, provided the selection and retention of say individual or firm to provide or famish any engineering or design related services for the project (hereafter consultant) shall be based upon qualifications in accordance with the DEPARTMENT's consultant selection and retention procedures. 1. No contract for such services shall be awarded without the express approval of the DEPARTMENT and Apastrami to the provisions set forth under Pak 172 of Title 23 in the United Stores Code of Federal Regulations (hereafter CPE) specifically, those provisions ad forth therein under Section 172.5(d). 2. The CITY shall specifically monitur all work performed under my such contract pursuant to the provisions of 23 CPR 172.13. 3. The DEPARTMENT may accept or reject my work performed or procured order my such contract parent to the provisions of 23 CFR 172.5(d). F. The CITY shall develop said prepare all emiromvmW studies and reports necessary for the project as directed by the DEPARTMENT. All such studies and reports shall be submitted to The DEPARTMENT, from time to time, for review, comment and acceptance. G. The DEPARTMENT shall prepare and submitto FHWA for concurrence all environmental documentation required for the project under the provisions of the National Enviromnemal Policy Act (NEPA). H. The CITY shall obtain all peanuts necessary to construct theproject. I. The CITYshallsoRcittheparicipationofthepublicinthedevelopmmtoftheprojectupon completionofMhmimrydmisandthedevelopmmtofaP lknMmy Design Report,priorto vitiating my final design. J. The CITY shall certify than ample right -of --way, is available to construct "maintain the project and that such rightof-way, is free of all encroachments that could i aterfwe with such construction prior to being allowed to solicit forbids to corvvhuct the project. 1. The use of all public land under the ownership and control of the parties hereto shall be made available for all purposes necessary or incidmtal to the project without my cost to the project. a. The DEPARTMENT shall retain all right, title aM interest (bat it presently holds in and to my of the property used for the pmjmt. BAP4R9,01 PM0I0014.00 Page 4 ofl2 b. Any municipal property tom is used for the project shall be dedicated for public use in perpetuity by the CITY for an long as the improvements constructed under the project, or otherwise intended by the project, exists. 1) Such dedication shall include a suitable boundary line car engineering description sufficient to locate and define such lend with ties to a reproducible central has. 2) The CITY shall forward a copy of such dedication and description to the DEPARTMENT. 2. The CTTY soau acquire and furnish any additional right -of --way necessary to construct and maintain the project. a. All such nghtof--way shall be acquired in accordance with the Un form Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended by the United Stene Congass in 1997 (Uuiform Act) pursuant to the provisions set forth under 49 CFR Pass 24. It. The CITY shall certify then all such right-of-emy was acquired, is available, and is face of all encroachments in accordance with the provisions of the Uniform Act. 3. The CITY shall famish to the DEPARTMENT a right -of --way amp or similar plan proposed in accordance with the DEPARTMENT's specifications detailing any right-of- way acquired for or dedicated to the project. K Upon approval by the DEPARTMENT, the CM shall solicit for competitive bids and award a contract an construct the project in accordance with the Final Plans and Standard Specifications as follows: 1. Such solicitation and all procedures pertaining to the procurement of such a commit shell be in accordance with the DEPARTMENT's procummeed policy and procedures for federal -aid projects, unless approved otherwise by the DEPARTMENT. 2. Both the CITY and the DEPARTMENT shall have the right to =apt or reject my and all bids received as aresult of such solicitation. 3. The CITY shell not award my such contact without the espass approval of me DEPARTMENT. 4. Upon such award, the CITY sbaE arrange for apaconstmction meeting to coordinate the combination of me project with the DEPARTMENT, the comotor, and any and all utilities and other parties directly involved im such construction. B"&1"2 P1h010024.00 Page 5 of 12 L. The CITY shall administer such a contract so awarded and provide all of the necessary supervision, inspection and documentation required to ensure that the project is completed in satisfactory manner to accordance with the Final Plans and Standard Specifications as hereirufler provided. L The CITY shall provide a full-time qualified employee to be in responsible charge of theproject. 2. The CITY shall use procedures acceptable to the DEPARTMENT 0 measure and document the quantity and quality of all work performed under this Agreement and to test the materials used therein in an accurate and uniform mmmer. All documentation, including all source documents used as the basis of payment for such work shall become amatter of record and retained as hereinafter provided order Article Ill, Paragraph A. 3. All traffic duouglhom the work areas on the project shall be controlled in accordance with the provisions of Part VI of FR WA's "Manual on Uniform Tioyfac Control Devices for Spens and highways"(MUTCD). d. Upon completion of the project, the CITY shall provide a compliance certification from a registered Professional Engineer authorized m practice in the State of Maine that the project was constructed in a satisfactory manner in accordance with the Final Plans and Standard Specifications and that the quantity and quality of all work performed ander this Agreement and all of the materials used in such conduction were measured and documented as hereh leclore provided and met all specification requirements of the construction contract. M. The DEPARTMENT may inspect construction of the project and all documentation pertaining thereto at any time during the period of construction and may test my of the materials used thereinto creative compliance with the Final Plans and Standard Specifications. The DEPARTMENT may reject any work or materials not in such compliance. Upon completion of construction, the DEPARTMENT may inspect the project to determine the acceptability thereof print to paying my final claim forreimbmsemm[ of project costs as hurevofler provided order Article D, Paragraph C.2, N. The CITY shall update the Final Plans as necessary, to show all changes or additions made during the period of construction. Upon completion of construction, the CITY shelf famish to the DEPARTMENT a reproducible ad of up -to -dam Final Plans as "As Built Plan"showing all detaile of the project as constructed on mylar shears measuring exactly 22 inches by 36 inches, or sheets of the same size an any equivalent medium of archival quality which is suitable and acceptable to the DEPARTMENT for permitted filing. O.] CITYslhallmakenocbmgesinthcsWcorrbjectivesofNeproject,ormyoftlhecosts thereofother than as hereinaflerproAded, without the express written approval of the DEPARTMENT. BAPWaW PIN010024.00 Page 6of12 1. An approved change shall be retained to increase the cost of the project whenever ezpmdiwres are expected to exceed any approved single coat category or budget line item amount by more data ten (10%) Percent as hereinbefore provided under Paragraph B.I or whenever the total of all participating project costs as defined under Article H, Pamgmph A.1isexp Wmexceedthesumnhereinafterallowed. Innoeventshallthe total of all such participating project coats, together with all coats incurred by the DEPARTMENT as hereinafter provided order Article ll, Paragraph B, exceed Eighty Thousand (180,000) Dollars witlsout the express written approval of the DEPARTMENT. 2. An approved change shall also be required to revise, modify or change the scope or objectives of the project or any of the rest shining or reimbursement provision; ad forth herein, to extend or shorten the period of this Agreement or to change any of the other terata art forth herein. P. The CITY shall assure that all work undertaken by the CITY or any of its commitment; or rentmctom pursuant to this Agreement conforms to all applicable federal, stale and local laws. Specifically, federal laws and regulations covering such work are art forth undm Title 23 in the (hived Surras Code (hereafter USC) for appficable summary law and 23 CFR for applicable adadnstmtive law. General administrative requirements relative to (Nerdy funded activities are also contained vada 49 CAR Part 18 entitled "Uny rm Adminisnnnve Requirements for Granawd Cooperanve Agreementato SYateand Local Governments". Allowabihtyfor participating costs is set forth and described in the Bxecative Office of the President ofthe United States' Office ofalanapenent and Budget (OMB) Cheulm A-87 entitled "Cost Principles for State andLocal Governments". Q. The CITY shill maintain all improvements constructed under the project in such a manner as isnecessarytopr fficaseandfwctionthe fns ran dedbythepmje . Such maintenance shill be consistent with the same lands and level ofmainumence provided by the CITY for all other major highways and arterials maintained by the CITY. k The CITY agrees to operate and maintain the traffic signal as hereinafter provided and maintain all pavement markings (including stop bars, lire use arrows and all striping necessary W delineate the ranting lanes) and traffic control signs. 1. The CITY agrees to be responmble for the ogermion and maintenance of the traffic signal, including all rest associated therewith, upon satisfactory denedd ion of the inamllation thereof and acceptance by the DEPARTMENT, except as hereinafter provided under subparagraph 3 below, and operate and maidsom the "Me signal and all equipment appurtenant thereto to function as designed and installed by the DEPARTMENT, unless approved otherwise as hereafter provided, or as necessary as follows: a. All malfunctions and deficiencies in the traffic signal or any equipment appointment thereto shall be repaired or corrected expeditiously in accordance SMNI9ro3 PIN 01024 00 Page ] of12 with the Immune offransportaticn Engineem' (ITE) "Traffic Signal Installation and Ma ntocance manual". Any failure to correct the traffic signal to function as designed could, upon written notification firm the DEPARTMENT, result in the DEPARTMENT mating all necessary repairs at the CITY's expense. b. The visibility of the traffic signal shall be preserved and maintained at all times by rearming any visual impairment theem. c. No change in operation or modification to the traffic signal or any equipment aMunmant thereto shall be made without the express written approval of the DEPARTMENT. d. The DEPARTMENT shall be nodded in writing prior many removal or replacement of the traffic signal or ivy equipment appurtenant nurser. Upon removal, such traffic signal or equipment N removed shall be retained to the DEPARTMENT without any cost to the DEPARTMENT, unless agreed otherwise in writing. 2. The CITY agrees to be responsible for all necessary electrical service thereto and provide my necessary local permits appurtenant thereto and execute any necessary documentation required by the provider of such service to esablish such service. 3. The DEPARTMENT agrees to resin all ownership of the traffic signal and all equipment appurtenant thereto said be responsible for any repair or replacement necessary to correct any manufacturer's delete or faulty workmanship therein during the warranty issued, Bless agreed otherwise by the parties hereto. 11. COST SRARRtlG & REIMBURSEMENT PROCEDURES A. The DEPARTMENT shall be responsible for a portion of the Design, right of way, construction and/or construction engineering costs of the project (harexfterpr ject cosad) as follows 1. The DEPARTMENT shall provide federal fiends available to it through FRWA (hereafter federal share) at the rate ofseventy-six and twelve one hundredths (76.12%) percent of an project costs deemed eligible for federal participation (hereafter pardelyeatingproject costs) in accordance with all applicable federal laws and regulations as set forth under Article L Paragraph P, to the extent that the total of all participating costs shall not exceed EigkN Thousand($80,000)I rs without the express written approval of the DEPARTMENT as hereinbefore provided ander Article I, Paragraph 0.1. 2. The DEPARTMENT shun also provide all of the non-federal or matching share Mall participating project costs hereinbefore described after deducting the CITT's share of such costs as provided under Pamgmph B below. BAPUl9/02 PM010024.00 Page 8 of12 B. The CITY shall be responsible far 10% of all project costs and in addition my costs doomed ineligible for federal participation under the provisions of Article I, Paragraph C.2 and Paragraph C.6 below, unless otherwise agreed in in writing m hereivbefure provided under Article I, Paragraph 0.2. C. The DEPARTMENT shall rehaburse the CITY fa no more than vinery and fifty-two (90.52%) percent of all project costs hearted by the CITY as follows: 1. in no event shall the total of each reimbumemem exceed Eighty Thousand($80,000) Dollars without the express written approval ofthe DEPARTMENT as herembefine provided. 2. The CITY shall bill the DEPARTMENT no less thin monthly for all chains for all allowable direct and armed participating project costs incurred under the provisions of this Agreement. Such costs are incurred whenever wok is performed, goods sod services are received or a cash disbursement is made. All claims for such costs shall be submitted on the CITY's billhead or invoice and be itemized in at least the same derail as i anized in the approved project budget The CPPV shall show be share of such costs on all claims submitted for reimbmammt. Each claim co submitted shall include an aceumWative total for all costs incurred by cost category or budget line item. Each claim shall also include a certification from aqualified employee in responsible charge of the project that all amounts an claimed for reimbursement one correct, due and not claimed previously and that all work for which mch reimbursement is being claimed was performed in accordance with the terms of this Agreement or any specific contract applicable thereto approved by Ore DEPARTMENT under the terms of this Agreement. 3. If less them One Thousand ($1000) Dollars in such reimbursable costs are incurred in my one month period or regularly scheduled billing period of at least one month duration, the CITY shall defer my such claim therefore until the next month or regularly scheduled billmg period in which nt least One Thousand ($1000) Dollars in such reimbumable casts have been incurred or unfit the last or final claim is submitted for reimbursement Payemlofmyfinalclaimmaybesubjmwafinalinspectionofthe project by the DEPARTMENT to determine the acceplabiliry then ofm hereinbefore provided under Article I, Paragraph M. 4. The DEPARTMENT shall deduct all of those costs incurred by thc DEPARTMENT W oversee the project as therein provided and retainage as hereinafter provided, prior to malting my immbumement. 5. The DEPARTMENT shall withhold and retain two and one-half (2V2 %) percent of all such reimbursements until all work undertaken by the CITY pursuant in Us Agreement iscompletedsatisfactorily. The DEPARTMENT may retain temporarily orpennavently my portion of such reimbursements an retained which it denim exportable until such time as all things required of the CITY under this Agreement are received, completed or accomplished to the satisfaction of the DEPARTMENT. BMUIWOr PfN010024.00 Page 9 of 12 6. lithe CITY withdraws from to project, suspends mdelays work on the project or takes some other nation, including any acts of commission or omission, without concurrence of the DEPARTMENT which results m the loss offedmal participation in my of the mimbursablep jest costs chosen bad herein, the CTTY shall become responsible for all of the federal share of such costs, and if necessary, shall refimd to the DEPARTMENT all of the fMeml share of any rembumemem received for such costs prim to any such loss of such participation. ID. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A. The CITYshallmaintainallpmjectrecordskratleestaperiodofthree(3)yearsfmm Ne date ofthe last or final submission ofclaim for reivrbursement for project costs in wcordenee wit the provisions of49 CFR 18.42(6), except m oterwiseprovldmd under subpamgaph 1 below. 1. If any litigation, claim, negotiation, audit or other action involving such records has begun prior to the expiration of such period then all records shall be retuned until all action and resolution of all issues arising there from me complete if each action or resolution extends beyond the three your period hereinbefore described. 2. The CITY shall assure that in accordance wit the provisions of 49 CFR 18.42(3), the DEPARTMENT and FRWA, and ifmooseary, the Comptroller General of the United States, or any of their authorized representatives, shall have full access at my and all reasonable times to all records of the project for all pompoms necessary m snake audita, examinations, excerpts or transcripts. B. The CITY shall assure that all applicable audit requirements me met in accordance with the Provisions of OMB Circular A-133. W. GENERAL PROVISIONS A. INDEPENDENT CAPACITY. Wbile performing work under this Agacrand, the CITY, its employees, agents, representatives, consultants or contractors, shall an in an Independent capacity from the DEPARTMENT, and not as of ncrr% employees or agents thereof. B. CONTRACT ADhDNISTRATOR- The DEPARTMENT shall assign a Project Managem art as the Contract Administrator on behalf of the DEPARTMENT wider the terms of this Agement As the DEPARTMENT's representative, the Contract Administrator shall have authority to stop the work if necessary to ensure proper execution thereof in accordance with tenets o(tis Agreement Allbillsorinvoicwforpayment,progessreports,claims, correspondence and all project relined submissions from the CITY shell he seat directly to the Contract Administrator. BAP "912 PM010024.00 Page 10 0112 C. LIABILITY. Any amount paid outby the DEPARTMENT arising out of or from any enors, omissions or failures on the pare oftbe CITY to meet professional standards of construction engineering and inspection shall be recovered from the CITY by reductions in any reimbursements due it under the team of Us Agreement or by any other legal means. The DEPARTMENT shall promptly notify the CITY if my potential claim arises under the provisions of Us Article. The CITY shall be afforded full opportunity for a defame against any such claim. If it is subsequently determined that any such reduction in my reimbursement due the CITY by the DEPARTMENT was either arbitrary, capricious or fraudulent, Nen any amount so reduced shall be paid promptly. D. INDEMNIFICATION. The CITY shall indemnify and hold harmless the DEPARTMENT and its officers, agents and employees from my and all claims, suits or liabilities of every kind or more arising out of or from my negligmq intentional, malicious or criminal act, eror or omission by the CITY or my of its consultants or contractors occurring as the result of my work undertmem by the CITY pursuant to this Agreement This provision shall survive my foundation or expnadon of Us Agreement as hereinafter provided order Article V, Paragraph C. Nothing heron shall, aur is intended to, waive my defense immunity or limitation ofliability which may W available to the CITY orthe DEPARTMENT, its or their offices, agents m employees, under the Maine Tort Claims Act pursnmt to the provisions of Section 8101 et seq. in Tide 14 of the Maine Revised Stumtu Asmotmed (hereafter MRSA) or any otherprivileges or i nmmitiw as may beprovidedby law. E. CONFIDENTIALM. The parties herero agree that all iNbrmatum pertaining to angincering cost estimates and to certain right-of-way matters, where applicable, shall be kept confidential pursuant to the provisions of 23 MRSA § 63. F. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION. During the performance of my work undertaken pursuant to this Agreement, the CITY shall not discrimirute against my employee or applicant for employment relating specifically to such work because of race, color, religious creed, sex, demand d origin, ancestry, site a physical handicap. The CITY shall take affinnadve action to ensure that all such employees or applicants me treated without regard W their Luce, cola, religion, sac, age or national origin during the period of such work. G. INSURANCE. The CITY shall require my and all consultants, contractors or subcontractors perfomsing arry of the services or work undertaken pursuant to this Agreement W be insured in accordance with the provisions set forth under Section 103.08 of the DEPARTMENT's Standard Speeificaluse. H. OWNERSIIIP. All plans, reports, notes, papers or other tangible we&produced by or on behalf of the CITY under the terms of this Agreement shall be the property of the DEPARTMENT and shall be turned over W the DEPARTMENT upon request following completionortamimtionoftheproject. The CITY shall be allowed an interest therein commensurate with its share ofthe project cost. a ZoWN PM010014.00 Page 11 of 12 I. SUBSEQUENT DOCUMENTATION. The parties hereto agree to execute all documents and take all actions necessary or bookend m implement the provisions of this Agreanent. J. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY shall not sublet, sell, transfer, assign or otherwise dispose of this Agreement or any portion thereof or my right, title or interest therein without the express written consent ofthe DEPARTMENT. No contract, agroomen[ or transf of this Agreement shall in my case release or relieve the CITY from my liability under this Agrcement. K. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto relative ball matters of the project and neither party shah be bound by any statement, correspondence, agreement or representation made previous hereto which is not expressly contained herein. L. TERMINATION. The DEPARTMENT may postpone, suspend, abandon or otherwise terminate this Agreement upon written notice b the CITY and in no event shall my such action be deemed a breach of contract. In the event that the reason for lamentation is other thm for my failure by the CITY, the DEPARTMENT shall give the CIW a written thirty (30) day notice oftamination. Postponement, suspension, abandonment or termination may be taken for any reason by the DEPARTMENT or specifically as the result of my failure by the CITY or any contractor they're under to perform my of the services required under Us Agreement to the satisfaction of the DEPARTMENT. Upon receipt ofwrittm notification from the DEPARTMENT that this Agreement is he be postponed, suspended, abandoned or terminated for amry of the foregoing reasons, the CITY or any contractor there order shad immediately cease all work or services subject to such tem ination, except any wodr regained to protect public health and safety, and tun ova to the DEPARTMENT within thirty (30) days following the effective daze of such termination, all project records, documentation and construction materials im plaxampurchasxi for time pmjea pursuant tothis Agreement. Upon receipt ofsuch records, documentation and materials, the DEPARTMENT shall reimburse or amvge a settlement with the CITY b me of the following manners: 1. If the postponement, suspension, abandonment or termination is for any reason other than that set forth order subparagraph 2 below, the CITY shall be reimbursed for au work or services accomplished up until the date of such (amination. 2. If the postporeanent, suspension, abandonment or termination is the result of my failure by the CITY ormy contractor there under b correct my ursatisfactory performance after receiving fifteen (IS) days written notice from the DEPARTMENT setting forth the basis of such dissatisfaction, the CITY's reimbursement shall be limited to payment for acceptable work or services accomplished up until the date of such term ration. lWV1"2 PMOI0014.00 Page 11 of12 V. TERMS OF AGREEMIU A. All of the provisions set forth under Articles 1 and D shall expire upon satisfactory completion of the terms set forth therein or Wee (3) years from the date hermf, whichever occurs firs[, undess otherwise terminated sooner or extended later in coring as hereinbefore provided under Article 1, Paragraph 0.2. B. All of the provisions set forth under Articles M and IV, except Article IV, Paragraph D, shall expire upon satisfactory completion of W tomo set forth order Article IE, urdess laminated sooner or extended lata in writing as hereinbefore provided under Article 1, Paragraph 0.2. C. The indem i fication provision set forth order Article IV, Paragraph D shall remain in full force and effect indefinitely or until specifically [animated, modified or amended in writing by the parties hereto or negated by any operation of law. VI. APPROVAL. This AGREEMENT has been approved and signed in duplicate by the parties below and becomes effective on the day and date fust above written. STATE OF MAINE DEPARTMENT OF TRANSPORTATION 11LL �� n` wum Barren T. Foster, Dtrettw ureau ofProiect D"dq mere CITY OF BANGOR F *I"2 STATE OF MAINE DEPARTMENT OP TRANSPORTATION U 16 STATE NOOSE STATION AUGUSTAU MAINE 04113.0016 BKIH;JP. June 19,2002 Mr. Edward A. Barrett City Manager City of Bangor 73 Harlow Street Bangor, ME OJ601 Subject Preliminary Engineering and Right of Way Authorization Federal Project No. STP -1002(600)X, PIN 010026.00 Den Mr. Barrett: Enclosed is your copy of the fully executed original Local Project Ageemem for the proposed traffic signal Rod intersection improvements A Ne intersection of Hogan Road and Meant Hope Avenue in the City of finger, under Project No. STP-1002(600)X/PIN 010026.00. This letter is to inform you that federal funding for Preliminary Engineering Had Right of Way have been authorized and obligated for the project Expensesincurldfor Preliminary Engineering and Right of Way are reimbursable as oftoday's date. Please proceed wish Ne project Rod provide me a line item budget and anticipated project schedule as soon as possible So I can update the MDOT financial tracking system. If the department con assist you in any way or if you have any questions please call me at (207)624-3620. Sincerely, Landry, LA,PE Steve Asst. of Traffic Engineer Bureau ofMaw[rnmce ffi Operations Enclosure THE MAINE DEPARTMENT OF TRANSPORTATION 18 ANwAFFIRMATIVE Acnorv. EQUAL OPPORTUNITY EMPLOYER LOCAL PROJECT AGREEMENT BETWEEN TRE DEPARTMENT OF TRANSPORTATION ANO THE CITY OF BANGOR REGARDING TRE PROPOSED TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF HOGAN ROAD AND MOUNT HOPE AVENUE TINDER FEDERAL AID PROJECT NO. STP -1002(600)X PROJECT IDENTIFICATION NUMBER (PIN) 010026.00 This AGREEMENT is entered into on this o1B day of Tn 0.q , 2002 N by and between e STATE OF MAINE DEPARTMENT OF .l TRANSPORTATION (hereafter DEPARTMENT) and Ne CITY OF BANGOR, a municipal corporation located in PENOBSCOT County (hereafter CITY) regarding traffic signal installation and intersection improvements at the intersection of Rogan Road and Mount Hope Avenue under Federal Aid Project No. STP -1002(600)X, Project Identification Number 010026.00 (hereafter project), which has been included in the DEPARTMENT'S Biennial Transportation Improvement Program (11TIP) for Fiscal Years 2002/2003 contingent open a portion of the cost there of being provided by the CITY, as follows: A. The purpose of the project is to develop traffic signal installation and intersection improvements at the intersection of Hogan Road and Meant Hope Avenue, as aforesaid. The total participating cost of Ne project as defined under Article 4 Parag;xaph A.1 shall not exceed One Hundredand Se (p Thousand($110,MO)Doffmswithout Neexpresswrittenapproval ofihe DEPARTMENTsahereinaft pmvidedwder Paragraph O.l. Reimbursementas hereinafter provided under Article D s1m0 be limited to no more than ninety (90%) percent as hereinafter provided under Article D, Paragraph B. B. The CITY shall submit a line item budget to the DEPARTMENT for approval based upon detailed estimate of project costs. 1. Once such a budget is approved, expenditures subject to reimbursement as hereinafter provided shall not exceed any single cost category or budget line item am rvat by any more than ten (IO%) percent without approval of the DEPARTMENT. PIH0I0016. 00 Page 1 gfJ2 2. In no event shall the total of all such expenditures exceed the total amoum allowable for the project as hereinafter provided under Paragraph 0.1. C. The CITY shall not pertmm or rummize any services or wade under this Agreement without fust receiving the express approval to do so in writing from the DEPARTMENT. 1. Such approval shall be contingent upon the DEPARTMENT receiving authorization from Ne Federal Highway Admwistrmion (bereafler FHWA) for federal participation in the project costs hereinbefore described. 2. Any costs incurred by the CITY prior to receiving such approval from the DEPARTMENT shall be ineligible for federal participation and therefore not reimbursable by the DEPARTMENT under the provisions ofikmcle D. D. The CITY shall develop and prepare all ofthe necessary design plans,specifications, estimates and contract documents forthe project m directed by the DEPARTMENT m accordance with the DEPARTMENT's standards and procetlues for procuring commuction contracts for federal -aid projects. The CITY shall submit all such plans, specifications, estimates and contrast documents to the DEPARTMENT for review and approval prior to procuring any such contract. 1. All plans shall am= 22 inches by 36 inches and include the level ofdewl necessary to construct such improvements in a mama satisfactory to the DEPARTMENT. Such plane may include, but are not necessarily limitetl to: fide or cover sheet, plan and profile, typical sections, standard details, special details and cross sections. 2. All design features shall conform to the starelards reseal by the DEPARTMENT as set forth in its "Highway Assign Goals "and "Randurd Details for Highways and Bridges" and comply with the DEPARTMENT's utility recommendations policy m set farm in its "Polity On Above Ground Utility Locations". 3. All plans and contract documents shall specify that the project be communed in compliance with the DEPARTMENT's "Standard Specificatiomfor Highways and Bridges " (hereafter Standard Specifications). 4. The CITY shall be responsible fm all necessary utility coordination arm shall cold" the DEPARTMENT that all malities potentially affected by the proposed highway improvements base been notified and offered plans of the proposed immovernmts. Prior to the approval of final plane as hereinsRa provided, the CITY shall certify to the DEPARTMENT that alf necessary utility adjustments or relocation have been coordinated with the affected ability. 5. Any work involving force account procedures shall require the express approval of the DEPARTMENT. BAPOIWV? PTVO10p26.00 Page 3 of 12 6. Upon approval of final design, all plans so approved shall become kmwn as the fend plater (hereafter Final Plans). E. The CITY may contact for engineering and desigo related services as necessary to develop, design or construct the project, provided the selection and retention of my individual or firm to provide or famish my engineering or design related services for the project (hereafter consultant) shall be based upon qualifications in accordance with the DEPARTMENT's consultant selection and retention Procedures. 1. No counsel for such services shall be awarded without the express approval of the DEPARTMENT and FHWA moment to the provision ad forth under Pat 172 of Tide 23 in the Cdaed SYares Code of Federal Regulations (hereabout CFR) specifically, those provision ad forth therein ander Section 172.5(d). 2. The CTTY shall specifically monitor all work perfermol under any such contract Panamint on the provision of 23 CFR 172.13. 3. The DEPARTMENT mry accept or reject my work performed or procured under my each contract pursuant to the provisions of 23 CFR 172.5(d). F. The CITY shalt develop and prepare allewirovmenml stadia and reports necessary for the project as directed by me DEPARTMENT. All such studies and reports shall be submitted to the DEPARTMENT, from lime to time, fier review, comment and acceptance. G. The DEPARTMENT shall prepare and submit to FT1WA for concurrence all environmental docummmtion required for the project under the provisions of the National 6 ironraenml Poliry Act(NEPA). H. The CITY shall obtain all permits necessary to construct the project 1. The CITY shall solicit the participation ofthe public in the development ofthe project upon completion of preliminary design and the development ofa Preliminary Daigo Report, prior to initiating my final design. I. The CITY shall certify that ample right-of-way is available to construct and maintain the project and that such right-of-way is Gee of all encroachments that could interfere with such construction prior to being allowed to solicit far bids to contact the project. I. The we of all public land under the awmahip ares control of the partes hereto shall be made available for all purposes necessary or incidental to the project without my coat to the project. a. The DEPARTMENT shall retain all right, title and interest that it presently holds in and to my of the property nM for the project. B"&19N2 PMOI0016.00 Page 4 of11 b. Any municipal property that is used for the project shall be dedicated for public use in perpetuity by the CITY for so long as the improvements com[rmted abler the project, or otherwise intended by the project, exists. 1) Such dedication shall include a suitable boundary line or engineering descriptim sufficient to locate and define such laud with ties to a reproducible ccmrol line. 2) The CM shall forward a copy of such dedication and description to the DEPARTMENT. 2. no CITY shall adp re and furnish any additional right-of-way necessary to construct and maintain thep jxL a. All such right-of-way, shall be acquired in accordance with the Uniform Relocation Assurance and Real Property Acquisition Policies Art of 1970 as amended by the United State Congress in 1987 (Uniform Am) pursuant to the provisions set forth under 49 CPR Part N. It. The CITY shall certify that all such rightof-way was acquired, is available, and is free of all evcroachments in accordance with the provisions of the Unifom Act. 3. The CITY shall funnels to the DEPARTMENT a rigisvof--way map or similar plan prepared in accordance with the DEPARTMENT's specifications detailing my right-of- way acquired fa or dedicated to the project. K. Uponappmvalbythe DEPARTMENT,the ClT sballsolicitforcompetitivebidsmd award a contract to construct the project in accordance with the Final Plans and Standard Specifications as follows: 1. Such solicitatim and all procedures pertaining to the procu emem of such a contract shall be in accordance with the DEPARTMENT's procurement policy and procedures for federal-aidp iects, unless approved otherwise by the DEPARTMENT. 2. Both the CITY and the DEPARTMENT shall have the right to accept or rryaY my and all bids received as a result of such solicitation. 3. The CITY shall not award my such contract without the express approval of the DEPARTMENT. 4. Upon such award, the CITY shall mange hr a preconstruction meeting to cmrdi rew the construction of the project with the DEPARTMENT, the contractor, and my and all utilities and other parties directly involved is such construction. r 4M PIN010026.00 Page 5 of11 L. The CITY shall administer such acontract so awarded ad provide all of the necessary supervision, inspection and documentation removed b msme then Ne project is completed in a satisfactory roamer in accordance with the Final Plans and Standard Specifications as bereinafter provided. 1. The CITY shall provide a full-time qualified employee to be in responsible charge of theproject. 2. The CITY shall me Procedures acceptable to the DEPARTMENT to measure and document the quantity and quality of all work performed under this Agreement and N test the materials used therew in an income and mif cast. All documentation, including all source documents used us the basis of payment for such work, shall become a matter of record and retained as hersiaRzr provided under Article ID, Paragraph A 3. All traffic throughout the work areas on Ne project shall be controlled in accordance with the provision of Part VI of PR WA's "Manual on Unis rm ]Yaffic Control Devices for SYreece and Highways" (MUTCD). 4. Upon completion of the project, ted CITY shall provide a compliance certification from aregistered Professional Engineer authorized to practice in the State ofhlaine that the project was corataxim in a satisfactory mans in accordane with the Final Plan and Standard Specification and that the quantity and quality of all wok performed=der this Agroement and all of the materials used in such contraction were measured and documented as hereinbefore provided and met all specifimtion requirements of the construction contract. M. The DEPARTMENT may inspect contraction of the project and all documentation pertaining thereto V my time during the period of construction and may lest my of the materials used therein to ensure compliance with Ne Final Plan and Standard Specification. The DEPARTMENT may reject aywork or materials at in such compliance. Uponcompletionof construction, the DEPARTMENT may inspect the panics to determine the accepmbility thereof prior to paying my final claim for reimbursement ofproject costs as heminafier provided under Article E, Paragraph C2. N. The CITY shall update the Final Plan as necessary to show all changes or additions made during the period of construction. Upon completion of construction, the CITY shall famish to the DEPARTMENT a reproducible ad ofup-to-date Foal Plans On "As -Built Plans "showing all details ofthe p jest as constructed on mylar sheets measuring exactly M inches by 36 inches, or sheen; of the same size on my equivalent medium of archival quality which is suitable and acceptable to the DEPARTMENT for permanent filing. O. TheCITYshallmakeachmgesinthescopeoabj fivmofthepwimSormyofthecosis thereof other Na as hereinafter provided, without the express written approval of the DEPARTMENT. W 41IM2 PW 010016.00 Page 6 of 12 1. An approved change shall be required to increase me con of the project whenever expenditures are expected to excced my approved single cost category or budget line item amount by more than ten (10%) percent as hereinbefore provided under Paragraph B.1 or whenever the total of all participating project costs as defined under Article B, Paragraph A.1 is expected to exceed the sum as hereinafter allowed. to no event shall the toted of all such participating project costa, together with all cask incurred by the DEPARTMENT as hereinafter provided under Article R, Paragraph B, exceed One Hundred and Seventy Thousand ($170,000) Dol(aes without the express written approval of the DEPARTMENT. 2. An approved change shall also be required in revise, modify or change the amps or objectives of the pmject or any, of the cast sharing or r®mbumement provisions set forth herein, to extend or auction the period of this Agreement or to change my of the other terms not forth herein. P. The CITYsballasmfliat Wlwo&mdwAenbythe CITY yofikwmWtantsor contractors pursuant to this Agreement cameras to all applicable federal, stat and local laws. SPecifically, federal laws and regulations wverlog such work are ad fond under Tide 23 in the United Stores Code (hereafter USC) for applicable statutory law and 23 CPR for applicable administrative law. (bound administrative requirement relative to federally funded activities are also contained under 49 CFR Part 18 entitled "Uniform Administrative Raquiremena for Grants and Cooperative Agreements to SWe and Local Governments". Allowabiliryfor participating cost is set forth and described in the Executive Office of (be President of the United States' Office of Management and Budget (OMB) Circular A-87 entitled "Cwt Principles for Soon, and Local Governments". Q. The CITY shall maintain all improvements constructed under the project in such a mrmer as is necessary to preservethe use and function thereof an; intended by the project. Such maintenance shall be consistent with the same kinds and level ofmaiWeoance provided by the CITY for all other major highways end arterials maintained by the CITY. R. The CITY agrees in operate and maintain the traffic signal as hereinafter provided and maintain all pavement markings (including stop bars, Inc use arrows and all striping necessary to delineate the taming lanes) and traffic control signs. 1. The CITY agrees in be responsible for the operation and maintenance of me traffic signal, including all cast ssmciatel therewith, upon satisfactory completion of me installation thereof and aweptance by me DEPARTMENT, except as herewafer provided Order subparagraph 3 below, and operate and maintain the traffic signal and all equipment appurtenant thereto to ferwtim as designed and installed by the DEPARTMENT, unless approved otherwise as hereafter provided, or an necessary as follows: a. All malfunctions and deficiencies in the traffic; signal or my equipment appunenmt thereto shall be repaired or corrected expeditiously in accordance B W*02 PM0I0026.00 Page ] of11 with the Institute ofTtensportation Engineera' (ITE)'1Taffic Signed Installation and Maintenance manual". Any f''lure to correct the traffic signal to function as designed could, upon written notlfication fium the DEPARTMENT, result in the DEPARTMENT making all necessary repaim at the CITY's expense. b. The visibility of the traffic signal shall he preserved stud maintained at all times by removing my visual impairment thereto. c. No change in operation or modification to the traffic signal or my equipment appurtenant thereto shall be made without the express written approval ofthe DEPARTMENT. d. The DEPARTMENT shall be notified in writing prior to any raincoat or replacement of the traffic signed or my equipment appurtenant therero. Upon removal, such traffic signal or equipment so removed shall be returned to the DEPARTMENT without any cost to the DEPARTMENT, untess agreed otherwise in writing. 2. The CITY aeras to be responsible for all necessary electrical service thereto and provide my necessary local permits appurtenant thereto and execute my necessary documentation required by the provider of such service to establish such service. 3. The DEPARTMENT agrees to retain all ownership of the traffic signal and all equipment Wondered thereto and be responsible for my repair or replacement necessary to correct arty manufacturer's defect or faulty workmanship therein during the warranty period, unless agreed otherwise by the Partes hereto. H. COST SHARING& A. The DEPARTMENT shall be responsible for a portion of the Design, right of way, croshuction and/or construction engineering costs of the project (hereafterpmyecl costs) as follows 1. The DEPARTMENT shall provide federal foods available to it thorough PHWA (heresfterfederaJ share) at the rate of eighty and twenty-eight one hundredths (80.28%) percent of all project costa decanted eligible for federal participation (hereafter participating project cover) in accordance with all applicable federal laws sod regulations as act food under Article 1, Paragraph P, to the extent that the total of all participating costs shall not exceed One Hundred and Seventy ($170,000) Dollars without the express written approval of the DEPARTMENT as hereinbefore provided under Article I, Paragraph 0.1. 2. The DEPARTMENT shell also provide all of the nm-fedval or ranching share of all participating project rosfs hereinbefore described after deducting the CITY's share of such costs as provided order Paragraph below. BAPUr9/r3 PM010026.00 Page 8 of 12 B. The CITY shall be responsible tot 10%ofall project costs and in addition any amts deemed ineligible for federal participation underthe provisions of Article 1, Paragraph C.2 and Paragraph C.6 below, unless otherwise agreed to in writing as hereinbefore provided under Article I, Paragraph O.2. C. The DEPARTMENT shall reimburse flu CITY for no more than ninety (90'/) percent of all project costs incurred by the CITY as follows: 1. In no event shall the told of such reimbursement exceed One Hwdred and Fl Awe 2hoasand ($153,000) Dollars without the express wntlen approval of the DEPARTMENT as hereinbefore provided. 2. The CM shall bill the DEPARTMENT no less than monthly for all claims for all allowable direct and actual participating project costs incurred ander the provisions of thus Agreement Such costs are ivcurredwhevever work is performed, goods and services are received or a cash disbursement is made. All claims for such ask shall be subsumed on the CEN's billheed or invoice and be itemized in at least the same demil as itemized he the approved project budget. The CITY shall show its share of such costs on all claims submitted for reimbursement Each claim a submitted shall include an aauruulativetotal for all costs incurred by cost category or budget line item. Each claim shall also include a certification Gam a qualified employce in responsible charge of the project that all amounts so clamed for reimbursement are correct, due and not claimed previously and that all work for which such m mbursament is being claimed was performed in accordance with the terms of One Agreement or my specific contract applicable thereto approved by the DEPARTMENT order the terme of this Agreement. 3. If Ices than One Thousand ($1000) Dollars in such reimbursable ask are incurred in any one month period or regularly scheduled billing period of at lent one month duration, the CITY shall data my such claim therefore until the next month or regularly scheduled billing period in which at lent One Thommnd ($1000) Dollars in such reimbursable costs have been incurred or =61 the last or final claim is submitted for reimbursement. Payment ofneY find claim maybe subject m a final inspection ofthe Project by the DEPARTMENT to decamine the acceptability thereofn hereinbefore provided under Article I, Pamgmph M. 4. The DEPARTMENT shall deduct all of those costs incurred by the DEPARTMENT to oversee the project as therein provided and retainage as hereinafter provided, prior to making any mimbmsemat. 5. The DEPARTMENT shall withhold and cocain two sed one-half %) percent of all such reimbumements wail all work undertaken by the CITY pursuant to this Agmenem iscompletedsmisfactorily. The DEPARTMENTmayre ntempom lyorpermmrady my portion of such reimbursements so retained which it deems equitable unfit such time as all things required of the CITY under this Agreement are received, completed or accomplished to the satisfaction of the DEPARTMENT. ad VJM2 PIN0I0026.00 Page 9 of 12 6. If the CITY withdraws from the project' suspends or delays work on the project or takes some other action, including my acs of commission or omission, without concurrence of the DEPARTMENT which results in the loss of federal participation in any of the reimbursable project costs described herein, the CITY shall become responsible for all of the federal share of such costs, and ifnecessmy, shall refund to the DEPARTMENT all of the federal share of my reimmursmnent received for such costs prior to any such loss of such participation. HI. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A. The CITY small maintain allprojcrvmcads foratleastaperiod ofthrae(3) years fiomthe date of the last or final submission ofclaim forreirobursem®[ frrproject costs in accordance with the provisions of 49 CPR 18.42(6), except as otherwise provided order subparagraph I below. 1. Hany litigation, claim, negotiation, audit or other ration involving such records has begun primas the expimtlon of such period, then all rerords shall be retained until all action and resolution of all issues arising there from are complete if such action or resolution extends beyond the three year period herembefore described. 2. The CITY shall assure that in accordance with the provisions of 49 CFR 18.42(3), the DEPARTMENT and FHWA, and if necessary, the Comptroller General of the United Stores, or my of their authorized representatives, shall have full acorns at any and 0 reasonable times to all records of the project for all purposes necessary to make audits, examinations, excerpts; or transcripts. B. The CITY shall assure that all applicable audit requirements are met in accordance with the provisions of OMB CircularA-133. IV. GENERALPROVISIONS A. INDEPENDENTCAPACITY. Whilepubr gwmkundmtlds Agreemmt,theaWits emPloyces, agents, representatives, consultants or contractors, shall rot in an independent capacity from the DEPARTMENT, and not as officers, employees or ager thereof. B. CONTRACT ADMINISTRATOR, The DEPARTMENT shall assign a Project Manager not as the Contract Administratoran behalf of the DEPARTMENT ander the terms of this Agreement. As the DEPARIMENT's representative, the Contract Administrator shall have authority to stop the work if necessary to ensure proper execution thereof in accordance with termsoftlds Agreement AIIbiRsorinvoicmforpayment,pmgressnrpmts,cli s, correspondence and all project related submissions fi an the CITY shall be seat directly in the Contract Administrator. a VIM2 PIN0IW26.00 Page 10 of 12 C. LIABILITY. Any amount paid out by the DEPARTMENT arising out of or from my mars, omissions or failures on the part of the CITY to meet professionsi standards of construction engineering and mspecaon shall be recovered fiom We CITY by reductioru in my reimbursements due it order the terms of this Agmure m orby my other legal means. The DEPARTMENT shall formally notify the CITY if my potential claim arises under the provisions of Us Article. The CITY shall be afforded fall oppormrity Wr a defense against my such claim. If it is subsequently dotermined that any such induction in any reimbursement due the CITY by the DEPARTMENT was either arbitrary, capricious or fraudulem, Wen my amount an reduced shall be paid promptly. D. WDEMNIFICATION. The CITY shall indemnify and hold harmless the DEPARTMENT and its officers, agents and employces Gam my and all claims, suits or liabilities of every, kind or comma arising am of or Um my negligent, intentional, malicious or criminal act, error or omission by We CITY or my of its con u feints or contractors occurring as the result of my work undertaken by the CITY pursuant to alis Agreement. This provision shall survive my nomination or expiration of Us Agreement as hereinafter provided under Article V, Paragraph C. Nothing herein shall, nor is intended to, waive my defense immunity or Immersion of liability which may be available to the CITY or We DEPARTMENT, its or Weir oBioere, agents a employees, and" me Maine Tort Claims Am pursuant to the provisions of Section 8101 et seq. in Title 14 of the Maine Revved Sa mees Annotated thereafter MRSA) or my other privileges or immunities as may be provided by law. E. CONFIEYLggTIALITY. The parties hereto agree that all information prancing to cost estimates and m contain rightof--way meress, where applicable, shall be kept al confidenti pursued to the provisions of 23 MRSA § 63. F. EQUAL EMPLOYMENT OPFORTIIMTY AND AFFIRMATIVE ACTION. During the performmwe of my work undertaken punumt to this Agremem, the CITY shall not discriminate against my employee or applicant for employment relating specifically to each work because of race, color, religious woad, sex, national origin, ancestry, age or physical handicap. The CITY shall take atiirmative action to ensure that all such employees or applicams are treated without regard to Wer race, color, religion, sex, age or national origin during the period of such work. G. INSURANCE. The CITY shall require my and all consultants, contractors or subcontractors performing any of the services or work undafaken measured to this Agre®rent to be insured in accordance with the provisions ad Wrtr under Section 103.08 of the DEPART PIT's Standard Specifications. H. OWNERSHIP. All plans, reports, notes, papers or other tangible work produced by or on behalfofine CITY ander the team of this Agreement shall be We property of the DEPARTMENT and shall be tamed over m the DEPARTMENT upon request following completion or nomination of the project The CITY shall be allowed an national therein commensmffie with its share of the project cost. aMU1M2 PIN010026.00 Page II oyil I. SUBSEQUENT DOCUMENTATION. The parties hereto agree to execute all documents and take all actims necessary or incidental to implement the provisions of this Agement 7. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY shall not sublet, sell, number, assign or otherwise dispose of this Agreement or my potion thereof or any right, tide or interest Herein without the express written consent of the DEPARTMENT. No comfort, agreement or trmsfm of this Agreement shall in my case release or relieve the CITY from any liability ander this Agreement. IG ENTIRE AGREEMENT. This Agreement common; the entire agreement between the parties hereto relative to all matters of me project and neither party shall be bound by my statement, correspondence, agreement or representation made previous hereto which is not expressly contained herein. L. TERMINATION. The DEPARTMENT may postpone, suspend, abandon or otherwise Immune this Agreement upon written notice to the CITY and in no event shall my such action be damned a breech of contrsct. In the event that the no sm for termination is other than for my failure by the CITY, the DEPARTMENT shall give the CITY a written thirty (30) day notice ofteraimation. PostponmmS suspension, abandonment or termination may be tato for my reason by the DEPARTMENT or specifically as the result of my failure by the CITY or my contractor they're under to perform my of the services required order [Itis Agreement to the satisfaction of the DEPARTMENT. Upon receipt of written notification from the DEPARTMENT that this Agreement is to be postponed, suspended, abandoned or terminated for any of the foegoing reasons, the CITY or any contractor there under shall immediately cease all work a services subject to such termination, except my work required to protect public health and safety, and ten over to the DEPARTMENT within thirty (30) days following the effective date of such nomination, all project recomds, documentation and consmmctim materials in piece or purchased for the project pursuam to this AgrcemeM. Upon receipt of such records, documentation and materials, the DEPARTMENT shall reimburse or arange a settlmn[ with the CITY in one of the following summers: I. If the postponement, suspension, abandonment or termination is for my reason other dor that set forth under subparagraph 2 below, the CITY shall be reimbursed Por all work or services accomplished up until the date of such termination. 2. If the postponement, suspension, abaMommt or termination is the result of my failure by the CITY or my contractor there under to correct my unsatisfactory performance atter receiving film (15) days written notice fico the DEPARTMENT setting forth the basis of such dissatisfaction, the CITY's mi nbmsment shall be limited W payment for acceptable work or services accomplished up until the data of such nomination. JW &lWV2 PM010016.00 Page 120f12 A. All Of the provisions set forth under Articles I and It shall expire upon satisfactory completion of the terns set forth therein or dnee (3) years from the date hereof, whichever accros that, undess otherwise terminated sooner or extended later in writing as hereinbefore provided under Article I, Paragraph 0.2. B. All of the provisions set forth under Articles III and IV, except Article IV, Paragraph D, shall expire upon satisfactory completion of the terms set forth under Article m, Mess terminated sooner or extended later in writing as hereinbefore provided under Article I, Paragraph 0.2. C. The indemnification provision set fond under Article IV, Paragraph D shall remain in full force and effect indefinitely or mail specifically tenanted, modified Or amended in writing by the parties hereto or negated by any Operation of law. VI. APPROVAL This AGREEMENT has been approved and signed in duplicate by the parties below and becomes effective on the day and date first above written. STATE OF MAINE DEPARTMEaNT OF TRANSPORTATION J Sy. /Women Nem, Dire or Bureau ojProiecr Development Lou wall A-MUKII-11 FA W*02 & EdwardA. Batten City Manuawr STATE OF MAINE DEPARTMENT OF TRANSPORTATION 16 STATE HOOSE STATION 04333 AUGUSTA,o c live ANGUS A Mae IF Room G M¢PWE Iune 19, 2002 W. Edward A. Barrett City Manager CityofBangor 73 Harlow Short Hangar, ME 04401 Subject: Preliminary Engineering and Right of Way Authorization Federal Project No. STP -1002(300)X,, PIN 010023.00 Dear Mr. Banes: Enclosed is your copy of me fully executed original Local Project Agreement for the proposed traffic signal and intersection improvements at the intersection of Stillwater Avenue and Howard Street is the City ofBaagor, ander project No. S7FP-1002(300))VPRV 010023.00. This letter is to inform you that federal finding for preliminary Engineering and Right of Waybavebe as odzMmdobligatedfortheprojmt Expenses incurred forPrelimivary Engineering and Right of Way are reimbursable as of today's date. Please proceed with the project and provide me a fine item budget and anticipated project schedule as soon as possible sD I can update the hEDOT financial bathing system. If the department can assist you in any way or if you have any questions please call me at (207)621-3620. Steve Landry, PE'� e Asst State Traffic Engineer Bureau of Maintenance & Operations Enclosure TUE MAINE DEPARTMENT OF TRANSPORTATION IS AN AFFIRMATIVE ACTION, EQUAL OPPORTUNITY EMPLOYER LOCAL PROJECT AGREEMENT BETWEEN THE DEPARTMENT OF TRANSPORTATION AND THE CITY OF BANGOR REGARDING THE PROPOSED TRAFFIC SIGNAL INSTALLATION AND INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF STILLWATER AVENUE AND HOWARD STREET UNDER FEDERAL AID PROJECT NO. STP -1002(300)X PROJECT IDENTIFICATION NUMBER (PIN) 010023.00 This AGREEMENT is entered into on this ',Wday of 120M by and between the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (hereafter DEPARTMENT) and the CITY OF BANGOR, a municipal corporation located in PENOBSCOT County (hereafter CITY) regarding (rattle signal installation and intersection improvements at the intersection of Stillwater Avenue and Howard Street under Federal Aid Project No. STP -1002(300)X, Project Identification Number 010023.00 (hereafter project), which has been included in the DEPARTMENT's Biennial Transportation Improvement Program (BTIP) for Fiscal Years 2002/2003 contingent upon a portion of the cost there of being provided by the CITY, as follows: I. PROJECT DEVELOPMENT A. Thepmposeofthepmjectistodevelo mfficsig livstaWionmdinterswtion improvements at the intersection of Stillwater Avenue mid Howard Street, as amps id. The Waal participating cast of the project as defined under Article 11, Paragraph A.1 shall not exceed One Hundred and Fifty Thousand ($150,000) Dollars without the express written approval of the DEPARTMENT as hereinafter provided under Paragraph O.1. Reimbursement as hereirta0.er provided under Article 11 shall be limited W no more than ninety (90%) percent as hereinafter provided under Article It, Paragraph B. B. The CITY shall submit a line been budget W the DEPARTMENT for approval based upon a detailed estimate of project costs. 1. Once such a budget is approved, expenditures subject W minabumement as hereinafter provided shall not exceed any single cast category or budget line item me= by any more than ten (l0°/) percent without approval of the DEPARTMENT. PfH010023.00 Page 2 of11 2. In no event shall the total of all such expenditures exceed the total me= allowable for the project as hereinafter pounded under Parigmph 0.1. C. The CITY shall not perform or authorise myservices or work under this Agreement without fast receiving the eapress approval to do so in writing from the DEPARTMENT. t. Such approval shall be contingent upon the DEPARTMENT receiving authorization from the Federel Highway Administration (hereafter FHWA) for federal participation in the project costs hereinbefore desaribed. 2. Any costs incurred by the CITY prior 0 receiving such approval from the DEPARTMENT shall be ineligible for federal participation and therefore not reimbursable by the DEPARTMENT under the provisions of Article D. D. The MY shall develop and prepare all ofthe necessary design plans, specifications, estimates and contract documents forthe project as directed by the DEPARTMENT in accordancewith1 DEPARTMENT'sstandardsa procedmesfnprocuringconshuction contracts for federal -aid projects. The CITY shall submit all such plans, specifications, estimates and contract documents to the DEPARTMENT for review and approval prior to procuring any such contract. 1. All plans shall measure M inches by 36 inches and include the level of detail necessary to construct such improvements in amamer satisfactory to the DEPARTMENT. Such plans may include, but are not necessarily limited to: title or cover sheet, plan and profile, typical sections, shouted details, special details and cross sections. 2. All design featrnes shall conform to the standards read by the DEPARTMENT she set forthin its "Highway Design Grade"and "Standard Derails for Highways and Bridges" and comply with the DEPARTMENT's utility accommodation policy as set font in its "Policy On Ahove Ground Utility Locations". 3. All plans and contract documents shall specify that the project be constructed in compliance with the DEPARTMENT's "Standard Specicationsfor Highways and Bridge; "(hereafter Standard Specifications). 4. The CITY shall be responsible for all necessary utility coordination and shall certify to the DEPARTMENT that all utilities potentially affected by the proposed highway improvements have been notified and offered plana of the proposed improvements. Prior to the approval of fuel plans as hereinafter provided, the CITY shall certify to the DEPARTMENT that all necessary utility adjustments or relocation have been coordinated with the affected utility. 5. Any work involving force account procedures shall require the express approval of the DEPARTMENT. 8A M"2 PM010023.00 Page 3 of 12 6. Upon approval of final design, all plans so approved shall become known as the final plane (Iureafta Proal Plana). E. The CITY may contract for engineering and design related services as necessaryto develop, design or construct the project, provided the selection and retention of any individual or firm to provide or famish any engineering or design related services for the project (hereafter consultan[) shall be teased upon qualifications in accordance with the DEPARTMENT's consultant selection and rotentlon procedures. 1. No contract for such services droll be awarded without the express approval of the DEPARTMENT and F7IWA pursuant to the provisions ad forth under Part 172 ofThle 23 in the !United States Code of Federal Regula[ions (hereafter CPR) specifically, those provisions set forth therein under Section 172.5(d). 2. no QTY shall specifically monitor all work performed under any such condone[ pumuan[ to the Provisions of 23 CFR 172.13. 3. The DEPARTMENT may accept or reject any work performed or procured under any such central pursuant to the provisions of 23 CFR 172.5(d), F. The CITY shall develop and prepare all environmental studies and reports necessary for the project as directed by the DEPARTMENT. All such studies and reports shall be submitted to the DEPARTMENT, from time to time, for review, eco mrent and acceptance. G. The DEPARTMENT shall prepare and submit to FHWA for concunevce all enviromnental documentation repaired for the project under the provisions of the National Environmental PolityAct(NEPA). H. The CITY shall obtain all Permits necessary to construct the project. I. The CITY shall soficit the pazticipmion of the public in the development of the project upon completion of preliminary design and the development of aPieliminery Design Report, interne initiating any frust design S. The CITY shall certify that ample right-of-way is available to comment =it maintain the project and that such right-of-way is free ofall everoachmeNs that could interfere with such construction priorto being allowed to solicit forbids to construct the project. 1. The use of all public Intel under the ownership and control of the parties hereto shall be made available for all purposes necessary or incidental to the project without any cost to the project. a- The DEPARTMENT shall retain all right, fide eM interest that it presently holds in and many of the property used for the project. BAP ""2 PIN010023.00 Page 4 of12 b. Any municipal prognet"bat is used forth¢ project shall be dedicated f public a in perpetuity by the CITY for so long as the innnoverneats constructed under the project, or otherwise intended by the project, exists. 1) Such dedication shall include a suitableboundary, line or engineering description sufficient to locate and dollars such land with ties to reproducible control line. 2) The CITY shall forward a copy of such dedication and description to the DEPARTMENT. 2. The CITY shall acquire and fiunislr any additional right-of-way necessary to construct anal maintain theproject. a All such right-of-way shalt be acquired in accordance with the Uniform Relocation Assistance and Real Property Acgu sirion Policies Act of 1970 as amended by the United State Congress in 1 e8 (Uniform Act) pursuant to the provisions set forth under 49 CER Pmt 24. b. The CITY shall certify that all such right-of-way was acquired, is available, and is fee of all encroachments in accordance with the provisions of the Uniform Ad. 3. The ClW shall famish to the DEPARTMENT a right-of-way map or similar plan prepared in accordance with the DEPARTMENT's specifications detailing any fight -of - way acquired for or dedicated to the p ject. K Upon approval by the DEPARTMENT, the CITY shell solicit for competitive bids and award a contract to construct the project iv accordance with the Final Plans and Standard Specifications as follows: 1. Such solicitation and all procedures pertaining to theprocnrmvem of such a contract shall be in accordance with the DEPARTMENT's procurement policy and procedures for federal -aid projects, odes approved otherwise by the DEPARTMENT. 2. Both the CITY and the DEPARTMENT shall have the right to accept or reject any and all bids received as aresult of such solicitation. 3. The CITY shall not award tiny such cantract without the express approval of the DEPARTMENT. 4. Upon such award, the CITY shall arrange for a preconstmction mceting to coordinate the construction of the project with the DEPARTMENT, the contactor, and any and all utilities and other parties directly involved in such construction. E V19A2 PIN010023.00 Page 5 of 12 L. neClWshalladmhdstersuchawntractwawadedaWp deallofthenxesary supervision, inspection and documentation required to ensure that the project is completed in a satisfactory manner in accordance with the Final Plans and Standard Specifications as barometer provided. L The CITY shall provide a full-time qualified employee to be in responsible charge of the project. 2. The CITY shall we procedures acceptable to the DEPARTMENT N measure and document the quantity and quality of all work performed under this Agreement and to test the materials used therein in an accurate and uniform manna. All documentation, including all source documents used as the basis of payment for such work, shall become a matter of record and retained m hereinafter provided and" Article IR, Paragraph A. 3. All traffic throughout the work area on the project shall be controlled in accordance with the provisions of Part VI ofFHWA's "Manna! on Uniform TYajpdzc Control Devices for Streets and Highways" OM TCD). 4. Upon completion of the project, the CITY shall provide a compliance certification from aregistered Professional Engineer authorized to practice m the State of Maine that the project was constructed in a satisfactory mummer in accordance with the Final Plans and Standard Specifications and that the quantity and quality of all work performed union this Agreement and all of the materials used in such construction were measured aW docmneraW as hereinbefore provided and met all specification requirements of the construction contract. M. The DEPARTMENT may inspect consumfion of the project and all documentation pertaining thereto a any time during the period of construction and may lest any of the materials used therein to ensure complienw with the Final Plans and Standard Specifications. The DEPARTMENT may reject any work or materials not in such compliance. Upon completion of construction, the DEPARTMENT may inspect the project to determine the acceptability thereof prior to paying any final claim for reimbursement of project costs as hereinafter provided under Article It, Paragraph C.2. N. The CITY shall update the Final Plans as necessay to show all changes or additions made during the period of construction. Upon completion of construction, the CITY shall fmnishN the DEPARTMENT a reproducible set ofup-lodate Final Plans as "As -Built Plans " showing all details ofthe project as wnstruped on myla sheets measuring exactly 22 inches by 36 inches, or sheets of the same size on my equivalent medium of archival quality which is suitable and acceptable to the DEPARTMENT for permanent filing. O. The CITYshall make no clongesin the scopeorobjectives oftheproj"t, manyoflhecosts dim fother Nanmhaeinafl"provided,without NeexpresswrittenapprovalofNe DEPARTMENT. B"VIM PfN010023.00 Page 6 of 12 1. An approved change shall be required to increase the cost of me project whenever expenditures are expected to exceed any approved single cost category or budget line item amount by more then ten (10%) percent as bereinbefrre provided under Paragraph B.I or whenever the fetal of all participating project costs as defined under Article B, Paragraph A.1 is expected to exceed the sum as hereinafter allowed. to no event shall the total of all such participating project costs, together with all costs incurred by the DEPARTMENT as hereinafter provided under Article B, Paragraph B, exceed One Hundred and FW Thousand ($1540M) Dollars without the express written approval of the DEPARTMENT. 2. An approved change shall also be required to revise, modify or change the scope or objectives of the project or any of the cost sharing or reimbar oment provisions ad forth herein, to extend or shorten the period ofthis Agreement or to change any of me other terns set forth herein. P. The CITY shill name that all work uvdenaken by the CITY or any of its consortium; or contractors moment to this Agreement common to all applicable federal, state and local laws. Specifically, federal laws and regulations covering such work are set forth under Title 23 in the United States Code (hereafter USC) for applicable statutory law and 23 CFR for applicable administrative law. General administrative requirements relative to federally funded activities are also contained ceder 49 CPA Pan 18 entitled "Uniform Administrative Requirements for Grams and Cooperative Agreements tO State and Local Governments". Allowabilityfor participating costs is set forth and descdbed in the Executive Office ofthe President of the United States' Office ofMunagement and Budget (OMB) Crtcular A-87 enfitled "Cast Pn'ncip(es for State and Loral Govesnmems". Q. The CITY shall maintain all improvements constructed under the project in such a mumer as s necessary to preserve the use and function thereof as intended by the project Such maintenance shall he consistent with the same kinds and level ofmaintevavice provided by the CITY for ell other major highways and arterials maintained by the CITY. R. The CITY agrees to operate and maintain the traffic signal as hereinafter provided and maintain all pavement markings (including stop bars, lane use ounces and all striping necessary, to delineate the turning lanes) and traffic control signs. 1. The CITY agrees to be responsible for the operation and maintenance of the traffic signal, including ail cost associated therewith, upon satisfactory completion of the orientation thereof and acceptance by the DEPARTMENT, except as hereinafter provided under subparagraph 3 below, and operate and maintain the traffic signal and all equipment appurtenant thereto to fintrom as designed and installed by the DEPARTMENT, unless approved otherwise as hereafter provided, or as necessary, as follows: a. All malfunctions and deficiencies in the traffic signal or any equipmerm apprmeoznt thereto shall be repahad or conern ed expeditiously in accordance with the Institute of Transportation Engineus' (ITB)'7nffic Signal Installation aMM9Po2 PfNO10023.00 Page ]of12 and Maintenance manual". Any failure in correct the traffic signal to function as designed could, upon written notification from the DEPARTMENT, result in the DEPARTMENT making all necessary repaint of the CITY's expense. b. The visibility of the traffic signal shall be preserved and maintained a[ all tunes by removing any visual impairment thereto. a No change in oprrution in modification to the trestle signal or any equipment appurtenant thereto shall be made without the express written approval of the DEPARTMENT. I The DEPARTMENT shall be notified in writing prior to any removal or replacement of the traffic signal or any equipment appurtenant thereto. Upon removal, each traffic signal or equipment so removed shall be retuned to the DEPARTMENT without any cost to the DEPARTMENT, unless agreed otherwise in writing. 2. The CITY Was to be responsible for all necessary electrical service thereto and provide any necessary local permits appurtenant thereto and execute any necessary documentation required by the provider of such service to establish such service. 3. The DEPARTMENT agrees in retain all ownership of the traffic signal and all equipment appurtenant thereto and be responsible for any repair or replacement necessary to correct soy manufacturer's defect or faulty wmkmansldp therein during the womanly period, unless agreed otherwise by the parties hereto. D. COST SHARING & REIMBURSEMENT PROCEDURES A The DEPARTMENT shall be responsible for a portion of the Design, right of way, construction andlor construction engineering costa ofthe project (hermoorprojecl costs) as follows 1. The DEPARTMENT shall provide federal funds available to it through PH WA (lameafterjederal share) at the We of eighty and twenty eight one hundredths (80.28%) percent of all project costs deemed eligible for federal participation (hereafter participating project crows) in accordance with all applicable federal laws and regulations as set fond under Article; Paragraph P, to the extent that the ectal of all participating coats shall not exceed One Handrail and PSJty Thousand ($150,000) DoUara without the express written approval of the DEPARTMENT as hereinbefore provided unda Article 1, Paragraph 0.1. 2. The DEPARTMENT shall also provide all of the non-federal or matching share of all participating project costs hereinbefore described ather deducting the C117V's share of such costs as provided under Paragraph B below. BMVIM PW 010023.00 Page 8 of 12 B. The CITY shall be responsible for 10%ofall project casts and in addition any coats deemed ineligible for federal participation under the provisions of Article 1, Paragraph C.2 and Paragraph C.6 below, unless otherwise agreed to in writing as hereinbefore provided under Article I, Peagraph 0.2. C. The DEPARTMENT shall reimburse the CITY for no more than ninety (90°/u) pement of all project costs incurred by the CTI'Y as follows: 1. In no event shall the total of such reimbursement errand One Auudred and 3hlrry- ,Five Thousand ($135,000) Dollars without the express written approval of the DEPARTMENT as hereinbefore provided. 2. The CITY shall bill the DEPARTMENT no less than monthly for all claims for all allowable dived and somal participating project costs incurred under the provisions of this Agreement Such cask are incurred wheneverwork is performed, goods and services are received or a cash disbursement is made. All claims for such costs shall be submitted on the CITY's billhead or invoice and be itemized in at least the same debul as itemized in the approvedp jest budget The CITY shall show its share of such toss on all claims submitted for reimbursement Each churn so submitted shall include an accumulative total for all casts incurred by coat category or budget line than. Each claim shall also include acertification fiom a qualified employee m responsible charge of the project that all amounts an claimed for reimbursement are coned, due and not claimed previously and that all work for which such reimbursement is being claimed was performed in accordance with the tams of this Agreement or any specific contract applicable thaem approved by the DEPARTMENT under the terms of this Agreemem. 3. If less than One Thousand ($1000) Dollars in such reimbursable casts all incurred in any one month period or regularly, scheduled billing period of on least one month durstiom the CITY shall defer any each claim therefore until the next mouth or regularly scheduled billing period in which at leas[ One Thousand ($1000) Dollars in such reimbursable costs have been incurred or until the last or final claim is submitted for reimbasement. Payment of any final claim may be subject be of al inspection of the project by the DEPARTMENT to demm,ine the acceptability thereof as hereinbefore provided under Article I, Paragraph M. 4. The DEPARTMENT shall deduct all of those costs incurred by the DEPARTMENT to oversee the project as therein provided and retainage as hereinafter provided, prior to making any reimbursement. 5. The DEPARTMENT shall withhold and retain two and one-half (2Y2 %) percent of all such reimbursements until all work undedakev by the CITY parent to Us Agreement iscampletedsatisfactorily. The DEPAETMENTmaymtaintempmailyorpenna ly any portion of such reimbursements so retained which it deems equitable until each time all all things repaired of fire CITY under Us Agreement are received, completed or accomplished m the satisfaction of the DEPARTMENT. 11QCf/B3 PM0I0023.00 Page 9 of 12 6. If the CITY withdraws from the project, suspends or delays work on the project or takes some other action, including any acts of commission or omission, without concunence of the DEPARTMENT which results in the loss of federal participation in any of the reimbursable project costs described herein, the CITY shall become responsible for all of the federal share of such costs, and if necessary, shall refund to the DEPARTMENT all of the federal share of any reimbursement received for each casts prior to any such lose of such participation. 311. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A. The CITY shall maintain all project records for at least aperiod of goes (3) yearn from the date of the lest or final submission of claim for reimbursement for project costs in accordance with lire provisions of 49 CHR 18.42(6), except as otherwise provided under subparagraph 1 below. 1. Unity litigation, claim, negotiation, audit or other action involving such records has began prior to the expiration of such period, then au records shall be retained until all action and resolution of all issues arising there mom are complete if such action or resolution atsnds beyond the three year period hereinbefore described. 2. The CITY shall assure that in accordance with the provisions of 49 CFR 18.42(3), the DEPARTMENT and FIIWA, and if necessary, the Comptroller General of the United States, or soy of their authorized representatives, shall have full access at any and all reasonable times to all records of the project fm all purposes necessary to make audits, examinations, excapts or transcripts. B. The Cl'PY shaE asame tlr l applicable audit require mU ue and in accordance with the prioudorvs ofOhUI Circular A-133. W. GENERAL PROVISIONS A. INDEPENDENT CAPACITY. While performing work under this Agreement, the CITY, its employees, agents, representatives, consultants or contractors, shall net in an independent capacity from the DEPARTMENT, and not as officers, employees or agents thereof. B. CONTRACT ADMRJISTRATOR The DEPARTMENT shalt assign a Project Manager act as the Contract Administrator on behalf of the DEPARTMENT under the terms of this Agreement. As the DEPARTMENT's representative, the Contract Administrator shall have a uthoritybatoptheworkifn wsarytoensuepropsexecutionthacofinaccordancewith termsofflus Agreement All bills orinvoices fimpayment, progress reports, claims, wrrespondenca and all project related submissions moan the CITY shall be seat directly to the Contract Administrator. B4P44"2 IRWOI0013.00 Page 10 of 12 LIAIIIIITY. Any amount paid out by the DEPARTMENT arising out of or firm any enols, omissions or failures on the part of the CITY to meet pmfcesional standards of construction engineering and inspection shall be recoverod fiom the CITY by reductions in my reimbursements due it under Ne terns of this Agreement orby any other legal means. The DEPARTMENT shall promptly notify the CITY if my potential claim arises order the provisions of this Article. The CITY shall be afforded fith opportundy for a defense against any such claim. If it is subsequently determined that my such reduction in any mimbumement due the CITY by the DEPARTMENT was either arbirry, capricious or fisudulent, Nen any, amorm so reduced shall be paid promptly. C. INDEMNIFICATION. The CITY shall indemnify and hold hmmless the DEPARTMENT and its officers, agents and employees from any said all claims, suits or liabilities of every lend or nature arising out of or from my negtiger, intentional, malicious or criminal act, error or omission by the CITY or any of its consultants or contractus occurring as the result of my work undertaken by the CITY pursuant to this Agreement This provision shall survive any termination or expiration of this Agreement as hereinafter provided under Article V, Paragraph C. Nothing herein shall, nor is intended to, waive my defense immunity or fumtation of liability which may be available in the CITY or the DEPARTMENT, its or their officers, agents or employees, under the Maine Tort Claims Act pursuant to the provisions of Section 8101 et seq. in Title 14 of the Maine Revised Statures Annotared (hereafter MRSA) or my other privileges or humanities m maybe provided by law. D. CONFIDENTWLITY. The parties herein agree that all information pounding in engineering cost estimates and N certain right-of-way matters, where applicable, shall be kept confidemial pursuant to the provisions of 23 MRSA ¢ 63. E. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION. During the performance of my work uodetaken pursuant to this Agreement the CITY shall not discriminate against any employee or applicant for employment relating specifically to such work because of race, color, religious creM, sex, national origin, ancestry, age in physical handicap. The CITY shall Win affirmative action to ensure that all such employees or appficams are treated without regard to their race, color, religion, sex, age or national origin during the period of such work. F. INSURANCE. The CITY shall require any and all consultants, contractors or subcontractors performing my of the services or work undertaken pursumt to this Agreement to be insured in accordance with the provisions set forth muter Section 103.08 of the DEPARTMENT's Standard Specifications. G. OWNERSHIP. All plans, reports, codes, papers or other tangible work produced by or on behalf of the CITY under Ne tems of Nis Agreement shall be the property of the DEPARTMENT and shall be tuned over m the DEPARTMENT upon request following compledmortermhstionoftbeproject. The CITYshallbeallowedminterestflurnm commmaurate with its share of die project cost. a V79,02 PIN 010023 .00 Page 11 of11 H. SUBSEQUENT DOCUMENTATION. The parties hereto agree to execute all documents and take all actions necessary or incidental to implement the provisions of this Agreement. I. SUBLETTING, ASSIGNMENT OR TRANSFER The CITY shall not sublet, sell, transfer, assign or otherwise dispose of this Agreement or any portion thereof or any right, tide or imerest therein without the express written crvsW ofthe DEPARTMENT. No contract, agreement or transferofthie Ag mtshallyrmycasereleasearelievetheaWfiomanyliabifityw u this Agreement. J. ENTIRE AGREEMENT. Ms Agreement contains the entire agmWW bgween the parties hereto relative to all matters of the project and neither party shall be bound by any statement, correspondence, agrecmW or representation made previous hereto which is not expressly contained herein K. TERMINATION. The DEPARTMENT may postpone, suspend, abandon mother vise terminate Ibis Agreement upon written notice to the CITY and in no event shall my such action be deemed a breech of contract In the event that the reason for termination is other than for my failure by the CITY, the DEPARTMENT shaft give the CITY a written thirty (30) day notice of termination. Postponement, suspension, abandonment or nomination may be taken for my reason by the DEPARTMENT or specifically as the result of my failure by the GI'TY or any contractor they're order to perform any of the services required under this Agreement to the satisfaction of the DEPARTMENT. Upon receipt ofwriften notification from the DEPARTMENT that this Agreement is to be postponed, suspended, abandoned or terminated for my of the foregoing reasons, the CITY or my contractor there under shall immediately cease all work or services subject to such termination, except my work required to protect public health and safety, and tum over to the DEPARTMENT within thirty (30) days following the effective data of such temriratioq alt proj W records, documentation and construction rencriahs in place orpurchavedfortheprojectpursuantto this Agreement Uponreceiptofsuchrecords, doouusentation and materials, the DEPARTMENT shall reimburse or arrange a settlW W with the CITY in one of the following mmvas: I. If the postponements, suspension. abandonment or temunatim is for my reason other than that sed forth ander subparagraph 2 below, the CITY shall be reimbursed for all work or services accomplished up mail the date of such [amination. 2. If the postponemW, suspension, abandanmcut or termination is the result of my failure by the CITY or my contractor there under to correct my unsatisfactory perforomnce after receiving fifteen (15) days written notice from the DEPARTMENT setting forth the basis of such dissatisfaction, the CITY's rehnburservent shall be bound to payment for acceptable work or services accomplished up until the data of such taminatian. PMOI0023.00 Page 12 of12 V. TEEMS OF AGREEMENT A. All of the provisions act forth under Articles I and E shall expire upon satisfactory completion of the terms set forth therein or three (3) years from the date hereof, whichever occurs first, unless otherwise terminated sooner or extended later in writing as hereinbefore provided under Article I, Pamgaph 0.2. B. All offe provisions set forth order Articles IR and IV, except Article N, paragraph D, shall expire upon satisfactory completion of the terms set forth rads Article IB, unless terminated sooner or extended later in writing as hereinbefore provided order Article I, Paragraph 0.2. C. The indemnification provision set forth order Article W, Paragraph D shall remain in bill force and effect indefinitely or unfil specifically mrmimted, modified or amended in writing by Ube parties hereto or mimed by any operation of law. W. APPROVAL This AGREEMENT has hem approved and signed in duplicate by fe parties below and becomes effective on the day and date first above written. STATE OF MAINE DEPARTMENT OF TRANSPORTATION By: � R �P �;/h'',aeren T. Foster, Direcro Bureau oj'Project Development CITY OF BANGOR BYa, s Edward A. Barrett ally Manager Adl` 9M3 June 19, 2002 Mr. Edward A. Borten City Manager City of Bangor 73 Barlow Street Bangor, MB 04401 Subject: Preliminary Engineering and Right of Way Authorization Federal Project No. STP -1002(500)X, PIN 010025.00 Beer Mr. Barrett Enclosed is your copy of the fully executed original Local project Agreement fin the proposed traffic signal and intersectionnnprovements at the intersection of Stillwater Avenue and Essex Street in the City of Bangor, Ruder Project No. STP-1002(500)Vm 010025.00. This letter is f inform you that federal funding for Prelimmany En®neering and Right of Way have been authorized and obligated for theproject. ExpenswincurredfoxPreliminmy Engineering and Right of Way as reimbursable as oftoday's date. Pleaseproccedwiththe project and provide me aline iron budget and anticipated project schedule as soon as possible so I can update the IAMOT financial tracking system. If the department can assist you in any way or if you have any questions please call me at (207)624-3620. Sincerely, P.e .Landry, Asst. State Traffic Engineer Bureau of Maintenance &Operations Enclosure THE MAINE DEPARTMENT OF TRANSPORTATION Is ANAF RMTOR ACTION, EQUAL OPPORTUNITY EMPLOYER 2 STATE OF MAINE DEPARTMENT OF TRANSPORTATION 16 STATE HOUSE STATION Av0 .3aaNm6lrvE June 19, 2002 Mr. Edward A. Borten City Manager City of Bangor 73 Barlow Street Bangor, MB 04401 Subject: Preliminary Engineering and Right of Way Authorization Federal Project No. STP -1002(500)X, PIN 010025.00 Beer Mr. Barrett Enclosed is your copy of the fully executed original Local project Agreement fin the proposed traffic signal and intersectionnnprovements at the intersection of Stillwater Avenue and Essex Street in the City of Bangor, Ruder Project No. STP-1002(500)Vm 010025.00. This letter is f inform you that federal funding for Prelimmany En®neering and Right of Way have been authorized and obligated for theproject. ExpenswincurredfoxPreliminmy Engineering and Right of Way as reimbursable as oftoday's date. Pleaseproccedwiththe project and provide me aline iron budget and anticipated project schedule as soon as possible so I can update the IAMOT financial tracking system. If the department can assist you in any way or if you have any questions please call me at (207)624-3620. Sincerely, P.e .Landry, Asst. State Traffic Engineer Bureau of Maintenance &Operations Enclosure THE MAINE DEPARTMENT OF TRANSPORTATION Is ANAF RMTOR ACTION, EQUAL OPPORTUNITY EMPLOYER LOCAL PROJECT AGREEMENT BETWEEN THE DEPARTMENT OF TRANSPORTATION AND THE CITY OF BANGOR REGARDING THE PROPOSED TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF STILLWATER AVENUE AND ESSEX STREET UNDER FEDERAL AID PROJECT NO. STP -1002(500)X PROJECT IDENTIFICATION NUMBER (PIN) 010025.00 This AGREEMENT is entered Into on this alb day of V \ c .) , 2002 by and between the STATE OF MAINE DEPARTMENT OF J TRANSPORTATION (hereafter DEPARTMENT) and the CITY OF BANGOR, a municipal corporation located in PENOBSCOT County (hereafter CITY) regarding traffic signal installation and intervention Improvements at the intersection of Stillwater Avenue and Essex Street under Federal Aid Project No. STP -1002(500)X, Project Identification Number 010025.00 (hereafter project), which has been included in the DEPARTMENT's Biennial Transportation Improvement Program (BTIP) for Fiscal Years 2002/2003 contingent upon a portion of the cost there of being provided by the CITY, as follows: I. PROJECTDEVEWPMENT A. ThepurposeoftheprojatiswdevelWmfficsigaalin Rations ffitersection improvements at Ne intersection of Stillwater Avenue and Essex Sheet, as aforesaid. Thetoml participating cost ofthe project as defined undo Article D, Paalraph A.1 sbs8 not exceed One HundredandY enrpFivenousand($125,000)DORarswithouttheexpresswrittenapproval ofthe DEPARTWWT haeimfterpmvideduader Pamgaph O.1. Rennbursementas hereinafter provided under Article D shall be limited to no more than ninety (90%) percent as hereinafter provided under Article D, Paragraph B. B. The CITY shall submit a line item budget to Ne DEPARTMENT for approval based upon detailed estimate of project costs. 1. Once such a budget is approved, expenditures subject to reimbursement as hereunder provided shall not exceed any single cost category or budget line item amount by any more than ten (10%) percent without approval of Ne DEPARTMENT. PX 010025.00 Page 2 of 12 2. In no event shall the total of all such expenditures exceed the total amount allowable for the project as hereinafter provided=it" paragraph 0.1. C. The CITY shall not perform or authorize any services or work under this Agreement without finit receiving the express approval to do so in writing from the DEPARTMENT. 1. Such approval shall be contingent upon the DEPARTMENT receiving aut causation from the Federal Highway Administration (hereafter FHWA) for federal participation is the project casts hereinbefore described. 2. Any was incurred by the CITY prior to receiving such approval from the DEPARTMENT shall be ineligible far federal participation and therefore not reimbursable by the DEPARTMENT under the provisions of Article D. D. The CITY shall develop and prepare all ofthe necessary designplays, specifications, estimates and contract documents forthe project m directed by the DEPARTMENT in accordance with the DEPARTMENT's standards and procedures for procuring conversation comracts for federal -aid projects. The CITY shall submit all such plans, specifications, estimates and comment documents to the DEPARTMENT for review and approval prior to Winning any such contract. 1. All plans shall measure 22 inches by 36 inches and include the level of detail necessary to construct such improvements in a mummer satisfactory to the DEPARTMENT. Such plane may include, but are not necessarily limited m: title or cover sheet, plan and profile, typical sections, standard details, special details and cross sections. 2. All design features shall conform to the standards used by the DEPARTMENT as set forth in its "Highany Design Guide "and "Standard Detadsfor Highways and Bndga and comply with the DEPARTMENT'S utility accommodation policy as set forth is its "Policy On Ahove Ground Utility Locadons". 3. All plane and contlac[ documents shall specify that the project be constructed in cormprance with the DEPARTMENT's "Standard Specgmnom for Highways and &idges"(hereafter Standard Specifications). 4. The CITY shall be responsible for all necessary utility coordination and shall certify is the DEPARTMENT that all utilities potentially affected by the proposed highway improvements have been notified and effaced plans of the proposed improvements, prior to the approval of final plans as hereinafter provided, the =shall certify to the DEPARTMENT thm all necessary utility adjustments or relocation have been caordinmed with the affected utility. 5. Any work involving force accowt procedures shall regane the ecpress approval of the DEPARTMENT. sAPwaaa PM010025.00 Page 3 of12 6. Upon approval of final design, all plans so approved shall become lmown as thef al plans (hereafter Final Plans). E. The CITY may contract for engineering and design related services as necessary to develop, design or construct the project.provided the selection and retention of my imdividual or firm to provide or tutush my engineering or design related services for the project thereafter consulnev) shall be based upon qualifications in accordance with the DEPARTMENT's consultant selection and retention procedures. 1. No contract for such services shall be awarded without the express approval of the DEPARTMENT and FRWA pumuxnt to the provisions set forth under Part 172 of Title 23 m the Unhed Slaw Cade of Federal Regulations (hereafter CFR) specifically, Nose provisions set forth therein under Section 172.5(d). 2. The CITY shall specifically monitor au work performed under my such contract pursuant to the provisions of 23 CFR 172.13. 3. The DEPARTMENT may accept or reject my work performed or presented and" my such contract pursuant to the provisions of 23 CFR 172.5(d). F. The CITY shall develop and prepare all environmental studies and reports necessary for the project as directed by the DEPARTMENT. All such studies and reports shall be submitted to the DEPARTMENTm from time to time, for review, comment and acceptance. G. The DEPARTMENT shall prepare and submit to FHWA for concurrence all emiromnental documentation required for the project under the provisions of the National Environmental Policy Act (NEPA). H. The CITY shall obtain all permits necessary to construct the project. L The CITY shall solicit the participation of the public in the development of the project upon completion ofprelim(mry design and the development ofa Preliminary Design Report, priorto initiating my final design. J. The CITY shall certify that ample right-of-way is available to construct and maintain the project and that suchright-of-way is free of all encroachments that could interfere with such construction prior b being allowed to solicit for bids to construct the project. 1. The use of all public land und" the ownership and control of the parties hereto shall be made available for all purposes necessary or iucideatal to the project without my coal to the project. a The DEPARTMENT shall retain all right, thle and interest that it presently holds in and to my of the property used for the project. IGPVIWA] PMOI0025.00 Page 4 of 12 b. Any municipal property that is used for the project shall be dedicated for public use in perpetuity by the CITY for so long as the improvemmta constructed under the project' or otherwise intended by the project, exists. 1) Such dedication shall include a suitable boundary line or engineering description sufficient to locate and define each land with ties to a reproducible control line. 2) The CITY shall forward a copy of such dedication and description to the DEPARTMENT. 2. no CITY shall acquve and Amish my additional right -cif -way necessary to construct and maintain the project. a. lilt such right-of-way shall be acquired in accordance with the fhr f ren Relocation Amoulance end Real Property Acquisition Policies Act of 1970 as amended by the United State Congress in 1987 (Uniform Act) pursuant to the provisions set forthooder 49 CAE Pan N. b. The CITY shah ratify that all such right-of-way was acquired, is available, and is fixe of all eucroaclunmts in accordance with the provisions of the Uniform Act. 3. The CfW shall famish to the DEPARTMENT a rightof--way map or similar plan prepared in accordance with the DEPARTMENT's specifications detailing my right-of- way acquired for or dod icated to the project K. Upon approval by the DEPARTMENT,the CITY shall solicit for compeifive bids and award a contract to construct the Project in accordance with the Final Plans and Standard Specifications as follows: 1. Such solicitation and all procedures pcnainivg to the procurement of such a conrcact shall be in acwrdance with the DEPARTMENT's procurement policy and procedures for federal -aid projects, unless approved otherwise by the DEPARTMENT. 2. Both the CITY ant the DEPARTMENT shall have the right to accept or reject my and all bids received as a result of such solicitation. 3. The CITY shah not award any such contract without the express approval of the DEPARTMENT. 4. Upon such award, the CITY shall storage for apreconstruction meeting to coordinate the construction of the project with the DEPARTMENT, the contractor, and my and all utilities ant other parties directly involved in such construction. BAP 4119092 PIN010025.00 Page 5 of12 L. The CITY shall administer such a contract so awarded and provide all of the necessary supervision, inspection and documentation requvod to ensure fiat the project is completed in a satisfactory mummer in accordance with the Final Plans and Standard Specifications as hereinafter provided. 1. The CITY shall provide a full-time qualified employee to be in responsible charge of the project. 2. The CITY shall use procedures acceptable to the DEPARTMENT to measure and document the quantity and quality of all work performed under this Agreement and re test the materials used therein in an accurate and uniform manner. All docummmtion, including all source documents used as the basis of payment for such work, shall become a renter of record and retained as_hereinafter provided order Article III, Pantograph A- 3. All traffic throughout the work arras on the project shall be commolld or accordance with the provisions of Pont VI of FR WA's "Manual on Uniform] fic Control Devices for Streets and Highways" (MUTCD). 4. Upon completion of the project, the CITY shall provide acompliance certification from a registered Professional Engineer authorized to practice m the State of Maine that the project was constructed in a satisfactory manner in accordance with the Final Plans and Stand ad Specifications and that the quantity and quality of all work performed under this Agreement and all of the materials used in such conduction were measured and documented as Imembef provided and met all specification reyuirements of the ecum uc ion contract M. The DEPARTMENT may inspect conductlon of the project and all documentation pertaining thereto 9 any time during the period of construction and may lest any of the materials used therein to ensure compliance with the Final Plans and Standard Specifications. The DEPARTMENT may reject any work or materials nm m such compliance. Upon completion of construction, the DEPARTMENT may inspect the project to determine the acceptability thereof print to paying my final clave for reimbursement ofpmject costs as hereinfler provided under Article R. Paragraph C.2. N. The CITY shall update the Final Plans as necessary to show all changes or additions made during the period of construction. Upon completion of construction, the CITY shall frmishto the DEPARTMENT a reproducible set of up -tads e Final Place as "As Built Plans " showing all details of &a project n commanded on mylar sheets measuring exactly 22 inches by 36 inches, or sheets of the same size on any equivalent medium ofamhivad quality which is suitable and acceptable to the DEPARTMENT for permanent filing. O. TheCITYshallraakenocbangesinthemopemobimtivesofthep imt,mmyofthecosts thereofotherthan as hereimufler provided, without the express wntren approved of the DEPARTMENT. BAP N19N2 PW 010025.00 Page 6 of11 1. An approved change shall be required to imreeu the cost of the project whenever expenditams are expected to exceed my approved single cost category or budget line item amount by more than ten 0GO/O percent as hereinbefore provided under Paragraph B.l or whenever the total of all participating project costs as defined under Article B, Paragraph A.1 is mpmted w exceed the sum m hereinafter allowed. In no event shall the WW of 01 such participating project cash, together with all costs incurred by the DEPARTMENT as hereinafter provided under Article R, Paragraph B, exceed One Hundred and Twen(y Fire Tkoasand (5125,000) Lel/ars without the express written approval of the DEPARTMENT. 2. An approved change shall also be notional to revise, modify or change the scope or objectives of the project or my of the coat sharing or reimbursement provisions act firth herein, to extend or shorten the period of this Agreement or to change my of the other tams set forth herein. P. The CITY shall assure that all work undertaken by the CITY or any of its consultants or commantors pursuant to this Agreement contends to all applicable federal, state and local laws. Specifically, federal laws and regulations covering such work are an fonh under Title 23 in the Uvmd Scares Code (hereafter USC) for applicable summary law and 23 CFR for applicable admhdstrative law. General administrative requirements relative to federally funded activities are also contained order 49 CFR Part 18 entitled "Uniform Adminuhasive Reguiremmtsfor Grants and Cooperafire Agreements ro&are and Loral Governments". Mlowabilityfor participating costs is set forth and described in the Executive Office of the President of the United Slates' Office ofMeagemmt and Budget (OMB) Cimulm A-87 mdtled "Cost Principleslor Seamand Local Govemmencs Q. The CITYshallmainum allimprovmrmts constructed anderthepmject insuch ameneras isd se topreservetlreusemdfunctiondir fasintmdMbytheprojwt. Such maintenance shall be consistent with the same kinds and level ofmaintedmce provided by the CITY for all other major highways anal not maintained by the CITY. R. The CITY agrees to operate and maintain the traffic signal as herenafie provided and maidain all pavement makings (including stop bms, lane we arrows and all striping necessary to delineate the turning Imes) and traffic control signs. 1. The CITY agrees to be respensible for the operation and maintenance of the haftic signal, including all cost associated therewith, upon satisfactory completion of the installation thereof and acceptance by the DEPARTMENT, except as hereinafter provided under subparagraph 3 below, and operate and maintain the traffic signal mrd all equipment immurement thereto to fanction as designed and installed by the DEPARTMENT, unless approved otherwise as hereafter provided, or as necessary as follows: a All malfimctions and deficiencies in the =Me signal or my equipment appurtenant thereto shall be repaired or corrected expeditiously in accordance BAPU19Po3 RM010025.00 Page ]ofl2 with the Institute of Transportation Engineem' (f[E)" Traffic Signal Installation and Maintenance na mal". Any failure to 0mcct the traffic signal toInaction as designed could, upon written notification from the DEPARTMENT, result in the DEPARTMENT making all necessary repairs at the CITY's expense. b. The visibility of the tral5c signal shall be presmved and maintained at all times by removing any visual impavment thereto. c. No cliange in operation or modification to the traffic signal or my equipment appurteaad thereto stall be made without the express written approval of the DEPARTMENT. d. The DEPARTMENT shall be notified in writing prior to any removal or replacement of the traffic signal or any a imar som appmtensom thereto. Upon removal, such traffic signal or equipment an removed shall be returned to the DEPARTMENT without any cost to the DEPARTMENT, uWess agreed otherwise in writing. 2. The CITY agrees to be responsible for all necessary electrical service therein and provide arty necessary local permits appurtenant thereto and execute any necessary documentation required by the provider of such service to establish such service. 3. The DEPARTMENT agrees to retain all ownership of the traffic signal and all equipment appurtenad thereto and be responsible for any repair or replacement necessary to comect any manufacturer's defect or faulty workmanship therein during the warranty period, uvlens agreed otherwise by the parties hereto. H. COST SHARING & REIMBURSEMENT PROCEDURES A. The DEPARTMENT shall be responsible for a portion of the Design, right of way, construction and/or construction engineering costs of the project(hereafterp jecf coss)as follows 1. The DEPARTMENT shall provide federal funds available to it through. A (hereaflerfedetal share) A the cote of eighty and twenty-eight one hundredths (80.28%) percent of all project costs deemed eligible for federal participation (hereafter pardcihmhsu pr Jecr cros) in accordance with all applicable federal laws and regulations as set forth udder Article I, Paragraph P, to the cetera that the total of all participating costs shall not exceed One Hundred and Twenry-Fiva Thousand ($125,000) Dollans without the express written approval of the DEPARTMENT as hereiMefere provided under Article 1, paragraph 0.1. 2. The DEPARTMENT shall also provide all of the non-federal or matching share of all participating project costs hereinbefore described alter deducing the CDN's share of such costs as provided under Paragraph B below. W 41*62 PWOlOO25.00 Page 8 of 12 B. The CTTY shall be responsible for 10% of all project costs and in addition my costs deemed ineligible for federal participation under the provisions of Article 1, Paragraigh C.2 ant Paragraph CA below, unless otherwise agreed to in writing as hereinbefore provided wader Article 1, Paragraph 0.2. C. The DEPARTMENT shall reimburse the CITY for no more than ninety (90%) percent of all project coats incuated by the CITY as follows: 1. In no event shall the used of such reimbursement exceed One Hundred Twelve and Five Thousand ($112,SOO) Dopars without the express written approval of the DEPARTMENT as hereinbefore provided. 2. The CITY shall bill the DEPARTMENT no len then monthly for all claims for all allowable direct and actual participating project costs incurred under the provisions of [Iris Agreement. Such costs are incmredwhenever work is performed, goods and services are received or a cash disbursement is made. All claims for such costs shall be submitted on the aTY's billhead or invoice and be itemized in at least the same derail as itemized in the approved project budget. The CITY shall show its share of such costs on all claims submitted for ramburaenem. Each claim so submitted shall include an aercumuldive total for all costs incurred by cost category or budget live item. Pesch claim shall also include a certification from a qualified employee in responsible charge of the project that all amounts an claimed for reimbursement are correct, due and not claimed previously and that all work for which such reimbursement is being claimed was performed in accordance with the terms of Us Agreement or my specific contract applicable thereto approved by the DEPARTMENT order the terms of Us Agreement. 3. Ifless than Om Thousand ($1000) Dollam in such reimbursable costs are incurred in any one month period or regularly scheduled billing period of at Is= one month duration, the CITY shall defer any such claim therefore until the neat month or regularly scheduled billing period in which at least One Thousand ($1000) Dollars in such reimbursable costs have been insured or until the las[ or final claim is submitted for reunbursement PaymerdofmyfmalclaimmaybesubjmwafimlinapectionofNe projectby the DEPARTMENTto dNe ethemceptabilitythereofwhereinbefore provided under Article I, Paragraph M. 4. The DEPARTMENT shall deduct all of those costs incurred by the DEPARTMENT to oversee the project as therein provided and retainage as hereinafter provided, prior to malting any reimbursemerL 5. The DEPARTMENT shall withhold and retain two and one-half (2A %) percent of all such reimbursements until all work undertaken by the CITY pumunnt to this Agreement is completed satisfactorily. The DEPARTMENT may retain tempuradly or permanently any portion of such reimbursements co retained which it deems equitable un18 such time as all things requhed of the CITY under this Agreement are received, completed or accomplished to the satisfaction of the DEPARTMENT. BM Ll9M2 PIN010015.00 Page 9 of12 6. If the CITY withdraws from the project, suspends or delays work on the projector takes some other action, including my acts of commission or omissim, without concurrence of the DEPARTMENT which results in the loss of federal participation in my of fine reimbursable project costs described herein, the CITY shall become responsible for all of the federal share of such costs, and if necessary, shall refund to the DEPARTMENT all of the federal share of any wundruraement received for such costs prior to my such loss of such participation. M. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A. The CM shall main[ainallprojectrecords forat leastapenod ofthree(3) yeas; from the date of the last or final submission ofcWm for reimbursement for project costs in accordance with the provisions of 49 CPR 18.42(6), except as otherwise provided order subparagraph I below. I. If my litigation, claim, negotiation, audit or other action involving such records hos begin prior to the expiation ofsuoh period, Nen all records shall be retained until all action and resolution of all issues arising there from are complete if such ration or resolution extends beyond the three year period hereinbefore described. 2. The CITY shall assure that in accordance with the provisions of 49 CFR 18.42(3), the DEPARTMENT and PIMA, and ifnecessary, Ne Comptroller General of the United Stares, or my of their aaWor representatives, shall have full access 9 my and all reasonable times on all records of the project for all purposes necessary to make audits, examinations, exceryrs or transcripts. B. The CITY shall assure that ell applicable audit requuavrnm are met in accordance wills the provisions of OMB Circular A-133. I UCH Aa O:IIV 0 9:L1]V 6Y fU C p: A. INDEPENDENT CAPACITY. While performing work under this AgrcernrnS the CITY, its e n sloyees, agents, representatives, consultants or contractors, shall rot in an independent capacity from the DEPARTMENT, and not as officers, employees or agents thereof. B. CONTRACTADMWISTRATOR. The DEPARTMENTshallms paProject Managerto act as rhe Cmttact Administrator on behalf ofthe DEPARTMENT under the temrs oftlus Agroemer. As the DEPARTMENT's representative, the Contract Administrator shall have authority to stop ted wink ifnecessary to ensure proper execution therwfin accordance with terms ofthis Agreement. All bills or invoices for payment, progress reports, clause, correspondence and all project related submissions from that CITY shall be seed directly to the Contract Administrator. BAPV19M2 PM010025. 00 Page 10 of 12 C. LFAEILffY. Any amount paid out by the DEPARTMENT mixing out of or homa any errors, omissions or failures on the part of the CITY to mem professional standards of construction engineering and inspection shall be recovered from the CITY by reductions in any mimbursementsdueitudmdsetermsofihis Agreementorbymyothulegalmemu. The DEPARTMENT shall promptly notify the CITY ifany potential claim arises under the provisions of this Article. The CITY shall be afforded full opportunity for a defense against any such claim. Ifit is subsequently determined that any such reduction in my reimbursement due the CITY by the DEPARTMENT was either arbitrary, capricious or fraudulent, then any meant so reduced shall be paid promptly. D. MID4NIFICATION. The CITY shall indemnify and hold harmless the DEPARTMENT end its officers, agents and employees from any and all claims, suits or liabilities of every kind or name arising out of or from any negligent, intentional, malicious or crhninal act, eror or mission by the CITY or any of its consultants or contractors oaurring as the result of my work undertaken by the CITY pursuant to this Agreement. This provision shall survive any termination or expiation of this Agreement as hereinafter provided under Article V, Paragraph C. Nothing herein shall, nor is intended to,waive my defense immurdry or limitation of liability which may be available m the CITY our the DEPARTMENT, its or then officers, agents or employees, under the Maine Tor[ Claims Act pursuant to the provisions of Section 8101 et seq. in Title 14 of the Maim Revised Staiutes Annotated (hereafter MESA) many other privileges or m m mitiss as may W provided by law. E. CONFIDENTIALITY. The parties hereto agree that all Mooration pertaining to engineering cost estimates and to certain right-of-way matters, wbem applicable, shall be kept confidential pursuant to the provisions of 23 MESA § 63. F. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION. During the performance of my work undedaken pursuant to this Agreement. the CITY shall not diemininate against any employee or applicard for employment relating specifically to such work because ofmce, color, religious creed, sea, national origin, ancestry, age or physical handicap. The CITY shall tale affirmative action to ensure that all such employees or applicants are treated without regard to their race, color, religion, sex, age or national origin during the period of such work. G. INSURANCE. The CFTY shall inquire any and all consultants, contractors or subcontractors performing any of the services orwork uvderlakeu pursuant to this Agreement to be insured in accordance with the provisions set forth under Section 103.08 of the DEPAItTMENT's Standard Specifications. H. OWNERSIDP. All plans, reports, come, papers or other tangible work produced by or on behalf of the CITY under the temrs of this Agreement shall be the property of the DEPARTMENT and shalt be turned over to the DEPARTMENT upon request following compledonorterminationoftbeproject. The CITYshallbeallowedaninteresttherein commenommus with its share of the project con. I 4 A,02 PIN010025.00 Page 11 of 12 I. SUBSEQUENT DOCOhIHNTATION. The parties becalm agree to execute all documents and take all actions necessary or incidental to implement the provisions of Us Agreecnmt. J. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY shall not sublet, sell, tmnsfar, assign or otherwise dispose ofthis Agreement or any portion thereof or any right, title or interest therein without the express written consent of the DEPARTMENT. No contract, agreement or transfer of this Agreement shall many case release or relieve the CITY from any liability under this Ageement. K ENTIRE AGREEMENT. This Agreement concedes the entire agreement between the psrttes harem relative to all nutters of the project and rather party shall be bomad by any statement, correspondence, agreement or representation made previous hereto which is not expressly contained herein. L. TERMINATION. The DEPARTMENT may postpone, amspend, abandon or otherwise ternumae this Agreement upon amtter notice to the CITY and in no event shall any each action bedeemalabreachofmnhact ]nthee mtthattheressonfortemtinationisotlur[ foray fsilumby the CITY, the DEPARTMENT shall give the CITY awrinea thirty (30) day notice of termination. Postponement, suspension, abmdonment or termination may be taken for any reason by the DEPARTMENT or specifically as the result of my failure by the CITY or any contractor they're under to perform arty of the services raluired ualer this Agreement to the satisfationofthe DEPARTMENT. Uponreceiptofwrittennotificatiou from the DEPARTMENT that this Agreement is to be postponed, suspended, abandoned ortenainated for my of the foregoing reasons, the CITY many contractor there under shall immediately cease all work or services subject to such termination, except any work required fo protect public health and safety, and tum ova to the DEPARTMENT within thirty (30) days following the effective data of such terrorization, all project records, documentation and construction materials to place orpurchased for theprojectpmmuaat to this Agreement Ilponreceiptofenchrecords, documentation and materials, the DEPARTMENT shall remnbmse or arrange a sediment with the CITY in one of the following mama: 1. If the postponment suspension, abandonment or temdnmion is for any reason other than that ad forth under subpamgaph 2 below, the CITY shall be reimbursed for all work or services accomplished up until the date of such u mdnatim. 2. If the postponement, suspension, abandonment or termination is the result of any failure by the CITY or any contractor there order to correct any unsatisfactory Performance after receiving fifteen (15) days written notice from the DEPARTMENT setting forth the basis of such dissatisfectim, the CITY's reimbursement shall be limited to payment for aeceptable work or services accomplished up until the date of such mmdrmtim. B C19PoJ PM010025.00 Page 12 of12 V. TERMS OF AGREEMENT A. All of the provisions set forth underArticles I and It shall expire upon satisfactory completion of the terms set forth therein or throe (3) years from the data hereaf, whichever occurs brat, unless otherwise terminated sooner or extended later in writing as hereinbef provided under Article I, Paragraph 0.2. B. All of the provisions set forth under Articles III and N, except Article IV, Paragraph D, shall expire upon satisfactory completion of the terms ad forth ands Article Ip, unless hoo it ated sooner or extended later as writing as hereinbefore provided ander Article L Paragraph 0.2. C. The indawification provision set forth under Article IV, Paragraph D shall remain in inn force and effect indefinitely or until specifically temrinated, modified or amended in writing by the parties bereto or negated by any operation of law. VI. APPROVAL This AGREEMENT has been approved and signed in duplicate by the parties below and becomes effective on the day and date first above written. STATE OF MAINE DEPARTMENT OF TRANSPORTATION By: mmess/ {Farren T. Foster, Direct# � Bateau ofProjecr Development 4= OF BANGOR ser "2 By:Rr..1isEdwardA BarrettCrorManager STATE OF MAINE `B/M DEPARTMENT OF TRANSPORTATION (j 16 STATE HOUSE STATION AUGUSTA,MAINE 04UM006 ES G. MELROSE June 19, 2002 W. Edward A. Barrett City Manager City of Bangor 73 Harlow Street Bangor, MB 04401 Subject: Protnotary Engineering Said Right of Way Authorization Federal Project No. STP -I W3(100)X, PIN 0 1003 1.00 1011MOM. 1=1K Enclosed is your copy of the fully Executed original Local Project Agreement for the proposed traffic sigaal and intersection haprovements a the intersection of Ciml6erland Street and Harlow Street inthe City ofBangor, anderProject No. STT-1W3(l00)l ]1Sl 010031.W. This letter is to iWorm you that fNeral funding for Prelirni a Engineering and Right of Way have been authorized and obligated for the project, Expenses incurrM for Preliminary Engineering and Right ofWayaw reimbursable M of today's date. PleaseproceMwiththe p ject and provide me a line item budget and anticipated prom schedWe as soon as possible so I can update the MDOT francial tracking system. If Nedepartmentcaninsistyouisanywayorifyo haveanyquestionspleasecullmeat (207)4243620. Enclosure Sincerely, Landry, PP ll AML State TmtLC Engineer Bureau ofMainteaance &.l)pemtions For MAINE DERARTMENT OF TRAILMURTATFON IS AN AFFIRMATIVE ACTION - EQUAL OPPORTUNITY EMPLOYER LOCAL PROJECT AGREEMENT BETWEEN THE DEPARTMENT OF TRANSPORTATION AND THE CITY OF BANGOR REGARDING THE PROPOSED TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF CUMBERLAND STREET AND HARLOW STREET UNDER FEDERAL AID PROJECT NO. STP -1003(100)X PROJECT IDENTIFICATION NUMBER (PIN) 010031.00 Thu AGREEMENT is enmred into on this a0( day of Mt , 2002 by and between the STATE OF MAINE DEPARTMENT OF J TRANSPORTATION Monomer DEPARTMENT) and the CITY OF BANGOR, a municipal corporation located in PENOBSCOT County (hereafter CITY) regarding Battle signal installation and intersection improvements at the intersection of Cumberland Street and Harlow Street under Federal Aid Project No. STP -1003(100)X, Project Identification Number 010031.00 (hereafter project), which has been Included in Ne DEPARTMENT's Biennial Transportation Improvement Program STIP) for Fiscal Years 200=003 contingent upon a portion of the cost there of being provided by Ne CITY, as follows: I. PROJECT DEVELOPMENT A. ThepmposeoftirepmjectistodevelopMosignalinstaWionandintetsection improvements at the interaction of Cumberland Street and Hmlow Street, as aforesaid. The total participating cost of the project as defined ander Article If, Paragraph A.1 shall not exceed One Hundred andEighry-Five Thousand (8185,000) Dalian without the express written approval of fie DEPARTMENTashefeinafterprovi�erPmagmph O.1. Reimbunementas hereinafter provided under Article 11 shall be limited to no more than ninety (90%) percent as hereinafter provided order Article It, Paragraph B. B. The CITY shall submit a line item budget to the DEPARTMENT for approval baste upon a detailed estimate of project costs. 1. Once such a budget is approved, expenditures subject m reimbursement as hereinafter provided shall not exceed any single cast category or budget fine item amount by any more than ten (trail percent without approval of Me DEPARTMENT. PLH010031.00 Page 2 of12 2. In n , event shall the total of all such expenditures exceed! the total amount allowable for the project as hereinafter provided under Paragraph O.L C. The CITY shall not perform or authorize any services or work under this Agreement without first receiving the express approval to do so in writing ftom the DEPARTMENT. 1. Such approval shall be contingent apart the DEPARTMENT receiving auNoi ation fio a the Federal highway Administration (hereafter FHWA) for federal participation in the project costs hereinbefore described. 2. Any costs incurred by the CITY prior to receiving such approval from the DEPARTMENT shall be ineligible for fedeal participation and therefore not reimbursable by the DEPARTMENT under the provisions of Article D. D. The CITY shall develop and prepare all of the necessary design plans, specifications, estimates and contract documents for the project as directed by the DEPARTMENT in accordance with the DEPARTMENT's standards mad procedures for procuring contraction contracts for federal -aid projects. The CITY shall submit all such plans, spedfications, estimates and commuct documents to the DEPARTMENT for review and approval prior to procuing any such contract. 1. All plane shall measure 22 inches by 36 inches and include the level of detail necessary to construct such improvements in a mummer satisfactory to the DEPARTMENT. Such plans may include, but we not necessarily Unrest to: title or cover sheet, plan and profile, typical sections, standard details, special details rand cross sections. 2. All design features shall conform to the standards used by the DEPARTMENT as set forth in it "Highway Design Guide "and "SawalardDemdsfor Highways and Bridges" and comply with the DEPARTMENT's utility wo mmodation policy as set forth in its "Policy On Ahove Ground Gnliry Locations". 3. All plans and contract documents shall specify that the project be constmcted in compliance with the DEPARTMENT's "Standard Spechcanonufor Highwoysand Bridges"(hereafter Standmd Spsificatioru). 4. The CITY shall be responsible for all necessary utility coordination and shall certify to the DEPARTMENT peat all wififies potentially affected by the proposed highway improvements have been notified mW offered plans of the proposed improvements. Prior to the approval of final plans as hereinafter provided, the CITY shall certify to the DEPARTMENT that all necessary utility adjustments or relocation have been coordinated with the affected utility. 5. Any work involving force account procedures shall require the express approval of the DEPARTMENT. BAP I/19N2 PINOIW3].M Page 3 of 12 6. Upon approval of final design, all plans so approved shall become known as the final plans thereafter Final Plans). E. The CITY may contract for engineering and design related services as necessary w develop, design or construct the project, provided the selection and retention of any individual or firm m provide or furnish arty engineering or design related services for the project hereafter consalrant) shall be based upon qualifications in accordance with the DEPARTMENT's consultant selection and rotmtian procedures. 1. No contract for such services shall be awarded without the expross approval of the DEPARTMENT and FHWA pureuant m the provisions ad both under Pall 172 of Tide 23 in the U ired Stales Code of Federal Eegulansaw (Inventor CFR) specifically, those provisions M forth therein under Section 172.5(d). 2. The CITY shall specifically monitor all work performed under arty such contract Forecast to the provisions of 23 CFR 172.13. 3. The DEPARTMENT may accept or reject any work performed or procured under my such contrnd pursuant to the provisions of 23 CFR 172.5(d). F. The CTTY shall develop and prepare all environmental studies and reports necessary for the project as directed by the DEPARTMENT. All such am&" and reports shall be submitted to the DEPARTMENT, from time to time, for review, comment and acceptance. G. The DEPARTMENT shall prepam and submit to FHWA for concurrence all mvirovmenml documentation required for the project under the provisions of the National Environmental PoScy Act(NEPA). H. The CITY shall obtain all pemdts necessary to construct the project. I. The CITY shall solicit Ne participation of the public in the development oftheproject upon completion ofpmhn wary design and the development of a Preliminary Design Report, prior m initiating my final design. S. The CITY shall certify that ample right-of-way is available to construct and maintain the project and that such rightof--way is free of all erwroacwnmts that could interfere with such construction prior to being allowed to solicit forbids to construct the project. 1. The nae of all public land under the ownemMp and control of the parties hereto shall be made available for all purposes necessary or incidental to due project without my cast to theproject. a. The DEPARTMENT shall retain all right, title and interest that it presently holds in and m my of the property used for the pro/ect. EAPa1"2 PX 010031.00 Page 4 of12 b. Any municipal property that is used for the project shall be dedicated for public use in perpetuity by the CITY for so long as the improvements constructed under the project, or otherwise intended by the project, exists. 1) Such dedication shall include a suitable boundary line or engineering description sufficient to locate and define such land with ties to a reproducible control line. 2) The CITY shall forward a copy of such dedication and description to the DEPARTMENT. 2. The CITY shall acquire and famish any additional rightof-way necessary to construct and maintain the project. a. All such right-of-way shall be acquired in accordance with the Uniform Relocation Assurance and Real Property Acquisition Policies Ad of 1970 as amended by the United State Congress in 1987 (Uniform Act) pursuant to the provisions set forth under 49 CFR Part 24. b. The CITY shall certify that all such right-of-way was acquired, is available, and is free of all encroachments m accordance with the provisions of the Uniform Act. 3. The CITY shall furnish to the DEPARTMENT arightof-way map or similar plan prepared in accordance with the DEPARTMENT's specifications detailing any right-of- way acquired for or dedicated to the project. K. Upon approval by the DEPARTMENT, the CITY shall solicit for competitive bids and award a contact to construct the project in accordance with the Final Plans and Standard Specifications as follows: 1. Such solicitation and all procedures pertaining to the procurement of such a contact shall be in accordance with the DEPARTMENT's procurement policy and procedures for federal -aid projects, unless approved otherwise by the DEPARTMENT. 2. Both the CITY and the DEPARTMENT shall have the right to accept or reject any and all bids received as a result of such solicitation. 3. The CITY shall not award any such contract without the express approval of the DEPARTMENT. 4. Upon such award, the CITY shall armage for a preconfi action meeting to coordinate the construction of the project with the DEPARTMENT, the contractor, and any and all utilities and other parties directly involved in such construction. BAP419N3 PJH010031.00 Page 5 of11 L. The CITY shall administer such a contract so awarded and provide all of the necessary supervision, inspection and documentation raryned to aware that the project is completed in a satisfactory, manner in accordance with the Final Plans and Standard Specifications as hereinafter provided. 1. The CIT1 "! provide a full-time qualified employee to be in responsible charge of the project. 2. The CITY shall use procedures acceptable on the DEPARTMENT to measure and document the quantity and quality of all work performed under this Agreement and to test the materials used therein in an accurate and uniform rammer. All documentation, including all souse documents used as the basis of payment for such work, shall become a matter of record and retained as bereinafter provided water Article M, Paragraph A. 3. All traffic throughout the work areas on the project shall be controlled in accordance with the provisions of Part W ofFRWA's "Manual on Uniform Yffsc Control Devires for Str is and Highways"(MUTCD). 4. Upon completion of the project, the CITY shall provide a compliance certification from a registered Promssionah Engineer authorized to practice in the Stere of Maine that the project was constructed in a satisfactory manner in accordance with the Foal Plans said Standard Specifications and that the quantity and quality of all work performed under this Agreement and all of me materials used in such combination were measured and documented as hereinbefore provided and met all specification requirements of the contraction contract. M. The DEPARTMENT may inspect construction ofthe project and all documentation pertaining thereto at coy time during the period ofconatmction mud may test coy of the materials used therein to income compliance with the Final Plans and Standard Specifications. The DEPARTMENT may reject wywork ormanximils not in such compliance. Uponcompleminof construction, the DEPARTMENT may inspect the project in determine the acceptability thereof prior to paying coy final claim for reimbursement ofproject costs as hereira or provided coder Article D, Paragraph C.2. N. The CITY shall update the Final Plans a, necessary to show all changes in aMbors made during the period of construction. Upon completion of construction, the CITY shall fimdsh to the DEPARTMENT a reproducible ad of up-to-date Final Plans an "As -Built Plans' showing all details of the project N constructed on mylar sheets measuring exaedy 22 inches by 36 inches, or streets of me same size on any equivalent medium ofarohival quality which is suitable and acceptable to the DEPARTMENT for permanent filing. O. The CITY shall makeno changesin the scopeorobjectivesofthemijecSor anyofihe costs therwfother than as bereinafter provided, without the express written approval ofmc DEPARTMENT. BAPVTWV2 FW 010031.00 Page 6 of 12 t. An approved change shall be required to increase the cost of the project whenever expenditures are expected to exceed any approved single war category or budget line item amount by more than tm (10%) percent as hereinbefore provided under Paragraph B.1 in whenever the total of all participating project costs as defined under Article D, Paragraph A.1 is expected to exceed the aura as hereinafter allowed. In no event shall the road of all such participating project costs, together with all costs incurred by the DEPARTMENT as hereinafter provided under Article D, Paragraph B, exceed One Hundred and FigMy-Five Thousand ($185,000) Dollars without the express written approval of the DEPARTMENT. 2. An approved change shall also be required to revise, modify or change the scope or objectives of me project in my of the cast sharing or mimburswrn[ provisions set ford berein, to extend or shorten the period of this Agreement in to change any of the other terms set forth herein P. The CITY shall insure Naz all work undertaken by the CITY or my of its consultants or contractors pursuant to this Agreement coa6rms to all applicable federal, state and local laws. Specifically, federal laws and regulations covering such work are set forth under Title 23 in the United Snores Code (hereafter USC) for applicable summary law and 23 CPR for applicable administrative law. General admhdatrmive requirements relative in fxiempy funded mrnmes are also contained order 49 CFR Part 18 entitled "Uniform Administrative Regulremmrs for Grand and Cooperative Agreemmrs to Store and Local Government". Allowabilityfm participating costs is set form and described in the Executive Office of the president ofthe United Sutra' Office ofManagemmt and Budget (OMB) Circular A-80 mdtled "Cost Pivicipleslor Stdeand Local Government". Q. The CTTY straw maintain all improvements constructed under the project in such a manner as is necessary to preserve the use and function thereof as intended by the project. Such main[mance shall be consistent with the same kinds and level ofmairtenance provided by the CITY for Of other major highways and arterials maintained by the CITY. R. The CITY agrees to operate and maintain the traffic signal as hereinafter provided and maintain all pavement markings (including stop bar, lune use avows and all striping necessary to delineate the tuning Imes) and traffic control signs. 1. The CITY agrees to be responsible for the operation and maintenance of the traffic signal, including all cost associated therewith, upon satisfactory completion of the instillation thereof and acceptance by me DEPARTMENT, except as herarafter provided trader subparagraph 3 below, and operate and maintain the traffic signal and all equipment apputenant thereto to function as designed and installed by the DEPARTMENT, unless approved otherwise as hereafter provided, or as necessary as follows: a. All malfunctions and deficiencies in the buffic signal or my equipment appurtenant thereu shall be repaired or corrected expeditiously in accordance BAP Ul9,02 PM010031m Page ] of12 with the hadbutc of Transportation Engincers' (ITE)'7rd is Signal Installation road Maiaterance mmual". Any failure to correct the traffic signal to function as designed could, upon written notification from the DEPARTMENT, result in the DEPARTMENT making all necessary repairs at the CITY's expense. b. The visibility of the traffic signal shall be preserved and maintained at all times by removing any visual impanmmt thereto. c. No change in operation or modification to the traffic signal or any equipment appurtenant the cto shall be made without the express written approval of the DEPARTMENT. d. The DEPARTMENT shall be nudged in writing prior to any removal or replmemera of the traffic signal or arty equipment appurtenant thereto. ripen removal, such traffic signal or equipment so removed shall be returned to the DEPARTMENT without any cost to the DEPARTMENT, unless agreed otherwise in writing. 2. The CITY agrees to be responsible for all necessary electrical service thereto and provide any necessary local permits appurtenant thereto and execute any necessary documentation required by the provider of such service to establish such service. 3. The DEPARTMENT agrees to retain all ownership of the traffic signal and all equipment appurtenant thereto and be responsiblef my repair or replacement necessary m correct my manufacturer's defect or faulty wodnnmsbip therein during the warranty period, unless agreed otherwise by the parties hereto. U. COST SHARING & REI1 BURSEMENT PROCEDURES A. The DEPARTMENT shall be responsible for a portion of the Desigm right of way, construction and/or construction engineering costs of the project (hereafterpmject cosre) an follows 1. The DEPARTMENT shall provide federal fiords available to it through FIIWA (hereafterfederal share) 9 the rate of eighty and twenty-eight one hundredths (80.28%) percent of all project costs deemed eligible for federal parricipation (hereafter par icipatingprojecrcaus) in accordance with all applicable federal laws and regulations as set foM under Article 1, Paragraph P, to the extent that the total of all participating costs shall riot exceed One Hundred and Elghry-Five ($185,000) Dd lars without the express written approval of the DEPARTMENT as herembefore provided under Article 1, Paragraph 0.1. 2. The DEPARTMENT shall also provide all of the non-federal or crunching above of participating project costs hereinbefore described after deducting the CITY's share of an& costs as provided under Pamgmph B below. D Alwa1 PfN010031.00 Page 8 of 12 D. The= shall be responsible for k0'/o of all project costs and in addition my costs deemed ineligible for federal participation under the provisions of Article 1, Paragraph C.2 and Paragraph C.6 below, unless otherwise agreed to in writing as hereinbefore provided ander Article I, Paragraph 0.2. C. The DEPARTMENT shall madames the CITY for no more thm=cry (90%) percent of all project costs incurred by the CITY as follows: 1. In no event shall the total of such reimbursement exceed One Hundred SbafSbv and Five Thousand ($166,500) Dollars without the express writim approval of the DEPARTMENT as hereinbefore provided. 2. The CITY shall bill the DEPARTMENT no less than monthly for all claims for all allowable direct and actual participating project costs incurred under the provisions of this Agreement Such costs are incurred whenever work is performed, goods and services ere received or a cash disbursement is made. All claims for such costs shall be submitted on the CM's billhead or invoice and be itemized in at Inst the same detail as itemized in the approved project budget. The CM shall show its share of such costa on all claims submitted for reimbursement. Each claim so submitted shaD include an accumulative total for all costs income! by cast category or budget line item. Eachclaim shall also include a reunification from a qualified employee in responsible charge of me project that all amoumis so claimed for reimbursement are correct, due and not claimed previously and that all work for which such reimbursement is being claimed was performed in accordmce with the terns of this Agreement or my specific contract applicable thereto approved by the DEPARTMENT under the tones of this Agreement. 3. If less then One Thousand ($1000) Dollars in such reimbursable costs are incurred in any one month period or regularly scheduled billing period of at least one month duration, the CITY shell defer any such claim therefore =fit the Wert month or regularly scheduled billing period in which at least One Thousand ($1000) Dollars in such reimbursable coats have been inured ormail the War final claim is submitted for reimbursement. Paymmtofmyfiaalclaimmaybesubje wafirmlinspecfionofthe project by the DEPARTMENT to determine the acceptability thereof as hereinbefore provided under Article I, Paragraph M. 4. The DEPARTMENT shall deduct all of those costs incurred by the DEPARTMENT to oversee the project as therein provided and retainage as hereinafter provided, prior to making my reimbursement. 5. The DEPARTMENT shall withhold and retain two and one-half (21/2 %) percent of all such revubursevevta until ail work undertaken by the CITY pursuant at this Agreement iscompletedsafisfactorly. The DEPARTMENTmayretaintemporarilympemrmmtly my portion ofsucb reimbursements so retained which it theme equitable until such time mall things ramared of the CITY order this Agreement are received, completed or accomplished to the satisfaction of the DEPARTMENT. It4P41"2 PIN010031.00 Page 9 of 12 6. lithe CITY withdraws from the p ject, suspends or delays work on the projector takes some other action, including any acts ofwmmission oromission, without concunence ofthe DEPARTMENT which results in the loss of federal participation in any of the reimbursable project costs described herein, the CITY shall become responsible for all of me federal share of such costs, and ifnecesary, shall refund to me DEPARTMENT all of the federal share of my reimbursement received for such costs prior to arry such lona of such participation. IM RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A. The CITY shall maintain allprojectrecords foratleastaperiodofdone (3)yema from the date of the last or final submission of claim for reimbursement for project costs in accordance with the provisions of 49 CFR 18.42(6), except as otherwise provided under subparagraph 1 below. I. lfany litigation, claim, negotiation, audit or other action involving such records has begin prior to me expiation of such period, then all records shall be retained road all action and resolution of all issues arising there from are complete if such action or resolution extends beyond the three year period hereinbefore described. 2. The CITY shall assure that in accordance with the provisions of 49 CFR 18.42(3), me DEPARTMENT and FRWA, anal if necessary, me Comptroller Owned of me United Stales, or any of their authorized representatives, shall have full access at any and all reasonable times to all records of the projcct for all purposes necessary to make audits, examinations, excerpts or transcripts. B. The CITY shall assure that all applicable audit requirements; are met in accordance with me provisions ofOME Circular A-133. W. GENERAL PROVISIONS A. INDEPENDENT CAPACITY. while Performing work under this Agreement, me CITY, its employees, agents, representatives, consultants or contractors, shall act in an independent capacity from the DEPARTMENT, and not as officers, employees or agents thereof. B. CONTRACT ADMhNISTRATOR. The DEPARTMENT shall assign a project Manager to act as the Contract Administrator on behalf of the DEPARTMENT under the comms of this Agreement As the DEPARTMENT's representative, the Contract Administrator shall have authority to stop the work if necessary to ensure proper execmion thereof in accordance with termsoftlds Agreement All bills or invoices for payment, progress reports, claims, correspondence and all project related submissions from the CITY shall be sent directly m the Contact Administrator. B &1942 PIN0I0031.00 Page 10 of12 C. LIABILITY. Any meant paid out by the DEPARTMENT arising out ofor fiom any mors, omissions orf lures on the pact ofthe CITY to meet professional standards of construction engineering and inspection shall be recovered fiom the CITY by reductions in any reimbursements due it underthecame of "a Agreement or by any other legal means. The DEPARTMENT shall promptly notify the CITY if my potential chain arises under the provisioroofthis Article. The ClWY Rboa ordedfidloMortanityforadefeaseagaimtmy such claim. Ifit is subsequently determined that my such reduction in my reimbursement due the CITY by the DEPARTMENT was either afiitmry, capricious or fraudulent, dim any amount so reduced shall be paid promptly. D. INDEMNIFICATION. The CITY shall indemnify and hold haradeas the DEPARTMENT and its officers, agents and employees from my and aD claims suits or liabilities of every kind or nature arising out Of Or from my negligent, intentional, malicious or criminal set, err" or omission by the CITY or any of its amendments or contractors occurring as the result of my work undertaken by the CITY Immanent to this Agreement This provision shall survive my terminatim or expiration of this Agramem as heranaRer provided and" Article V, Paragraph C. Nothing herein shall, nor is intended to, waive any defense immunity or limitation of liability which may be available to the CITY or flu DEPARTMENT, its or their officers, agents or employees, under the Maine Tort Claims Act pursuant to the provisions of Section 8101 et seq. in Title 14 of the Maine Revised Stamter Annotated (hereafter MRSA) or my other privileges or immunities as may be provided by law. E. CONFIDENTIALITY. The parties herein agree that all information pertaining toengineering cost estimates and to certain right-of-way matters, where applicable, shall be kept confidential pure not to the provisions of 23 MESA § 63. F. EQUAL EMPLOYMENTOPPORTIINITYAND AFFIRMATIVE ACTION. Duringthe performanceofmyworkmderi mpursuantm[Iris Agreement the CITYshallnot discriminate agavut any employee or applicant for employment relating specifically to such work because of race, color, religious creed, sex, national origin, ancestry, age or physical bandicap. The CITY shall take affirmative action to ensure that all such employees or applicants are treated without regard to their race, color, religion, sex, age or national origin during the period of such work. G. INSURANCE. The CITY shall require any and all consultants, contractors or subcontractors performing any of the services or work undertaken purmaM to this Agreement to be insurcl in accordance with the provisions set forth under Section 103.08 of the DEPARTMENT's Standard Specifications. H. OWNBRSFDP. All plans, repair,notes,papers or other tangible work produced by or on behalf of the CITY under me terms of chis Agreement shag be the property of the DEPARTMENT and shall be tamed ova to the DEPARTMENT upon request following completion or termination of the project The CITY shall be allowed an interest therein commensurate with its share of the project coat. 64Pulwb2 PM010031.00 Page 11 of 12 1. SUBSEQ1= DOCUMENTATION. The parties hereto agree to execute all documents and take all actions necessary or incidental to implement the provisions of this Agreeruent J. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY shall not sublet, sell, monster, assign or otherwise dispose ofthis Agreement or any potion thereof or any right, title or interest therein without the express wrinen consent of the DEPARTMENT. No contract; agreement or transfer of Us Agreement shall in any one release or relieve the CITY from my liability under this Agreement K. ENTIRE AGREEMENT. This Agreement contains the entire agromem between the parties hereto relative to all matters of the project and neither party shall be board by any statement, correspondence, agreement or representation made previous hereto which is not expressly contained herein. L. TERhmJATION. The DEPARTMENT may postpone, suspend, abandon m otherwise terminate this Agreement upon written notice to the CITY and in no event dull my such when bedeemedabreachofoomett. Intheeventt themasonforterminationisotherthmforany failure by the CITY, the DEPARTMENT shall give the CITY awninen thirty (30) day notice oftermioation. Postponement, suspension, abandounsnt or termination may he taken for my reason by the DEPARTMENT or specifically as the result of any failure by the CITY or any contractor they're under to perform any of the services required under this Agreement to the satisfactionofthe DEPARTMENT. Upon receipt ofwrinennotification from the DEPARTMENT that this Agreement is to be postponed, suspended, abandoned or terminated for any of the foregoing reasons, the CITY or any contractor there under shall immediately cease all work or services subject to such temnination, except my work reyuired to protect public health and safety, and turn over to the DEPARTMENT within thirty (30) days following the effective date of such termination, all project records, documentation and construction materials m place or pumbuW for the project pureaant w this Agreement. Uponreceipt of such records, documentation and materials, the DEPARTMENT shall reimburse or armage a settlement with the CITY in one of the following manner: I. If the postponement,suspension, abandonment or termination is for any reason other than that ad forth under subparagraph 2 below, the CITY shall be reimbursed for all work or services accomplished up until the date of such termination. 2. If the postponement, suspension, abandonment or termination is the result of my failure by the CITY or any contractor thea under to correct any unsatisfactory performance after receiving fifteen (15) days written notice from the DEPARTMENT setting forth the basis of such dissatisfaction, the CITY's reimbursement shall be limited W payment for acceptable work or services accomplished up until the date of such huanimstion. BAPUl9092 P1N010031.00 Page 12 of12 A. All ofthe provisions set forth ander Articles I and D shall expire upon satisfactory completion of the terns set forth therein or three (3) years from the data hereof, whichever occurs fust, unless otherwise termvate l sooner or extended later in writing as hereinbefore provided ander Article I, Paragraph 0.2. B. All of the provisions set fond under Articles m and W, except Article W, Paragraph D, shall expire upon satisfactory completion of the terms set forth under Article ID, unless terminated sooner or extended later in writing as heranbef provided order Article 1, Paragraph O.2. C. The indemnification provision set forth under Article W, Paragraph D shall remain in fall force and effect indefinitely or until specifically terminated, modified or amended in writing by the parties hereto or negated by any operation of law. VI. APPROVAL This AGREEMENT has been approved and signed or duplicate by the parties below and becomes effeetive an the day and date first above written. STATE OF MAINE DEPARTMENT OF TRANSPORTATION Wit sarren T. Foster, Dire'or r reau ofProject Development CITY OF BANGOR FAP 0/19492 June 19,2002 Mr. Edward A. Barrett City Manager CityofBangor 73 Harlow Street Bangor, ME 04401 Subject: Preliminary Engineering and Right of Way Authorization Federal Project No. SIP -1074(600)X, PIN 010746.00 Dear NIE Barrett: Enclosed is your copy of the (ally executed original Local Project Agmermad for the proposed traffic signal and intersection improvements 9 the intersection of Hogan Road and Haskell Road in the City of Burger, under Project No. =-1074(600)"N 010746.00. This letter is to inf you that federal funding for preliminary Engineering and Right of Way have been authorized and obligated for the project Expenses incurred for Preliminary Engineering and Right of Way we reimbursable as of today's date. Please proceed witb the project and provide me a line item budget and anticipated project schedule ae soon As possible so I can update the MDOT tmorlcial trucking system. Ifthe deportment can assist you in any way or if you have any questions plNse call me a (207)624-3620. Sincerely, Steve Landry, YET Asa. State Tratlic Engineer Bureau ofMaintznance & Operations Enclosure ✓" THE MAINE DEPARTMENT or TRANSPORTATION is AN AFFIRMATIVE ACTION. EooAt OPPORTUNITY EMPLOYER STATE OF MAINE DEPARTMENT OF TRANSPORTATION 16 STATE NOOSE STATION AUGUSTA, MAINE ANGUS s. KING. JR. JOHN G_MORRIS June 19,2002 Mr. Edward A. Barrett City Manager CityofBangor 73 Harlow Street Bangor, ME 04401 Subject: Preliminary Engineering and Right of Way Authorization Federal Project No. SIP -1074(600)X, PIN 010746.00 Dear NIE Barrett: Enclosed is your copy of the (ally executed original Local Project Agmermad for the proposed traffic signal and intersection improvements 9 the intersection of Hogan Road and Haskell Road in the City of Burger, under Project No. =-1074(600)"N 010746.00. This letter is to inf you that federal funding for preliminary Engineering and Right of Way have been authorized and obligated for the project Expenses incurred for Preliminary Engineering and Right of Way we reimbursable as of today's date. Please proceed witb the project and provide me a line item budget and anticipated project schedule ae soon As possible so I can update the MDOT tmorlcial trucking system. Ifthe deportment can assist you in any way or if you have any questions plNse call me a (207)624-3620. Sincerely, Steve Landry, YET Asa. State Tratlic Engineer Bureau ofMaintznance & Operations Enclosure ✓" THE MAINE DEPARTMENT or TRANSPORTATION is AN AFFIRMATIVE ACTION. EooAt OPPORTUNITY EMPLOYER LOCAL PROJECT AGREEMENT BETWEEN THE DEPARTMENT OF TRANSPORTATION AND THE CITY OF BANGOR REGARDING THE PROPOSED TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF HOGAN ROAD AND HASKELL ROAD UNDER FEDERAL AID PROJECT NO. STP -1074(600)X PROJECT IDENTIFICATION NUMBER (PIN) 010746.00 This AGREEMENT is entered into on this day of u,u 120M by and between the STATE OF MAINE DEPARTMENT OF J1 TRANSPORTATION (hereafter DEPARTMENT) and the CITY OF BANGOR, a municipal corporation located in PENOBSCOT County (hereafter CITY) regarding traffic signal installation and intersection Improvements at the intersection of Haskell Road and Hogan Road under Federal Aid Project No. STP -1074(600)X, Project Identification Number 010746.00 (hereafter project), which has been included in the DEPARTMENT's Biennial Transportation Improvement Program (BTIP) for Fiscal Years 20OV2003 contingent upon a Portion of the cost there of being provided by the CITY, as Ibllnws: I. PROJECT DEVELOPMENT A. The pmposeofthe project is to develop traffic signal installation and imereection improvement att intereectionofHogan Roadand Haskell Road,asaforesaid. Factual participating cost of me project as defined under Article U Pamgrmh A.1 shall not exceed Tuo Hundred and Eighty Thousand ($280,000) Doffam without the express written approval ofthe DEPARTMENT m hereinafter provided undof Pmagfaph O.l. Reimbursement as hereinaRa Provided under Article It shall be hunted to no more than one hundred (1009%) percent as hereinafter provided mother Article H, Paragraph B. B. The CITY shall submit a line item budget to the DEPARTMENT for approval based upon a detailed estimate of project costs. 1. Once such a budget is approved, expenditures subject to reimbursement as hereinafter provided dull not exceed any single cost category or budget line item amount by any more than ten (10%) percent without approval of the DEPARTMENT. PLH010746.00 Page2of12 2. In no event shall the total of all such expenditures exceed the total me= allowable for the project as hereinafter provided under Paragraph 0.1. C. The CITY shall not perf orandunize any services or work order this Agreement without first receiving the express approval on do so in wilting from the DEPARTMENT. L Such approval shall be contingent upon the DEPARTMENT receiving authorization from the Federal Highway AdmiWstration (hereafter FFIWA) for federal participation in the project coats hereinbefore described. 2. Avy costa incurred by the CITY prior to receiving such approval from the DEPARTMENT shall be ineligible for federal participation and therefore art reimbursable by the DEPARTMENT trader the provisions of Article H. D. The CITY shall develop and prepare all ofthe necessary design plans, spwificetloas, estimates and contract documents for the project as directed by the DEPARTMENT in accordance with the DEPARTMENT's standards mail procedures for procuring construction contracts for federal -aid projects. The CITY shall submit all such plana,specifications, eatimates and without documents to the DEPARTMENT her review and approval prior to procuring any such common. 1. All plans shall measure 22 inches by 36 inches ad include the level of detail necessary to construct such improvements in a manner satisfecmry on the DEPARTMENT. Such plans may include, but are not necessarily limited m: title or cover sheet, plan and profile, typical sections, standard details, special details and man sections. 2. All design features shall conform m the standards used by the DEPARTMENT as set forth in its "Highway Design Guide" and "Stamford Derails jar Highways arta Bridges" and comply with the DEPARTMENT's utility accommodation policy as ad forth in its "Polity On Above Ground Odfity Locations". 3. All plans and contract documents shall specify dist the projw[ be constructed in compliancewiththe DEPARTMENT's "Standard Spechcationsfor Highwayrand Bridges"(hereafter Smdard Specifications). 4. The CITY shall be responsible for all necessary utility coordination and shall certify to the DEPARTMENT that all utilities potentially affected by the proposed highway improvements have been notified and olid plans of the proposed improvements. Prior to the approval of final plans as hereinafter provided, the CITY shall certify to the DEPARTMENT that all necessary utility adjustments or relocation have been coordnatd with the affected Wility. S. Airy work involving force account Procedures shall require the express approval of flue DEPARTMENT. B"V19,02 PM010746.00 Page 3 of 12 6. Upon approval of final design, ell plans so approved shall become (mown an the firm! Flats (hereafter Final Plans). E. The CITY may contractfor engineering and desigarelatN services as neemsery b develop, design or consmrct the project, provided Ne selection and mention ofany imtividual or firm to provide or furnish any engineering or design related servmxss An the project (hereafttt consultant) shall be based upon qualifications in accordance with the DEPARTMENT's consultant selection and retentlon procedures. 1. No contract for such services shall be awarded without the express approval of the DEPARTMENT and FRWA persona to the provisions set forty ander Part 172 ofTirle 23 in the U ited States Code of Federal Regulations (hereaHer CPR) specifically, those provisions set forth therein under Section 172.5(d). 2. The CITY shall specifically another all work perf ed under my such contract parsuant an the provisions of 23 CFR 192.13. 3. The DEPARTMENT area accept or reject my work performed or procured under any such contact pursuant to the provisions of 23 CFR 172.5(d). P. The CITY shall develop and prepare all environmental studies and reports necessary for the project as directed by the DEPARTMENT. All such studies and reports shall be eobmitted to the DEPARTMEN'Fq from lime to time, for review, comment and acceptance. G. The DEPARTMENT shall prepare and submit to FDWA for concurrence all covicrannoel docummtaaon required for the project under the pmvisions of the National Environmental Polity Act(NEPA). H. The CITY shall obtain all permits necessary to reasoner the project. I. The CITY shall solicit the participation ofthe public in the development of the project upon completion of protonotary design and the development of a Prelirninary Design Report, prior to initiating any final design. J. The CITYshallcertify thatrmpleright-af--wayis availablece mrimucr and mairdain the project and that such rigln-of-way is free ofall encroachments thatcould interfere with such construction prior to being allowed to solicit forbids to construct the project 1. The use of public land under the ownership and control of the parties hereto shall be made available for all purposes necessary or incidental to the project without my cost to theproject. a. The DEPARTMENT shall retain all right, title and interest that it presently holds in and to any of the property usedf the project BMd A,02 PIN010746.00 Page 4 of 12 b. Any municipal property War is used for the project shall be dedicated for public use in perpetuity by the= for so long as the improvements constructed under the project, or otherwise intended by We project, exists. 1) Such dedication shall include a suitable boundary line or engineering description sufficient to locate and define such hand with ties W a reproducible control line. 2) The CITY shall forward a copy of such dedication and description to the DEPARTMENT. 2. The CITY shall acquire and fiamish any additional right-of-way necessary to construct and maintain the project. a. All such right-of-way shall be acquired in accordance with the Uniform Relocation Assurance and Red Property Acquisition Policies Act of 1970 as amended by the United Store Congress in 1987 (Uniform Act) pummon to the provisions set forth under 49 CPR Part N. b. The CTTY shall citify that all such right-of-way was acquired, is available, and is free of all encroachments in accordance with the provisions ofthe Uniform Act. 3. The CITY shall furnish to the DEPARTMENT a right -of --way map or similar plan proposed in accordance with the DEPARTMENT's specifications detailing any right-of- way acquired for or dedicated to the project. K. Upon approval by the DEPARTMENT, the CITY shall solicit for comperitive bids and award a container to construct the project in accordance with the Final Plaza and Standard Specifications as follows: 1. Such solicitation and all procedures pertaining to the procurement of such a contmct shall be in accordance with the DEPARTMENT's procaament policy and preceduree for federal -aid projects, unlem approved otherwise by the DEPARTMENT. 2. Both the CITY and the DEPARTMENT shall have the right to accept or reject any and all bids received as aresult of such solicitation. 3. The CITY shall not award my such contract without the express approval of the DEPARTMENT. 4. Upon such award, the CITY shall armge for a preconstruction meeting to coordmme the construction of the project with the DEPARTMENT, the contractor, and my and all utilities and other parties directly involved in such construction. B, Pk7WRI PIN010146.00 Page 5 of 11 L. TheMYsballadministersuchawatrectsoawm mdprovideallofthenecessary supervision, inspection and documentation required to ensure that the project is completed is a satisfactory manner in accordance with the Final Plans and Standard Specifications as hereinafter provided. 1. The CITY shall provide a full-time qualified employee to be in responsible charge of the project 2. The CITY shall use procedures acceptable to the DEPARTMENT to measure and document the quantity and quality of all work performed order this Agreement and to test the materials used therein in an accurate and uniform manner. All documentation, including all source documents used as the basis ofpayme t for such work, shel become a matter of record and retained as hereinafter provided under Article HL Paragraph A. 3. All traffic throughout the work areas on the project shall be controlled in accordance with the provisions of Pmt W ofFRR'A's "Manual on Uniform Tr ric Control Devices for Sneers and Highways"(MUTCD). 4. Upon completion of the project, the CITY shall provide a compliance certification from a registered Professional Engineer authorized to practice in the Stme of Maine that the project was constructed in a satisfactory meaner in seaminess with the Final Plans and Standard Specifications and that the quantity and quality of all work performed under this Agreement and all of the materials used in such construction were measured and documemed as hereinbefore provided and met all specification requirements of the construction contract. M. The DEPARTMENT may inspect construction of the pject and all documentation pertaining thereto at anytime during the period of construction and may lest any of the materials used therein to ensure compliance with the Final Plans and Standard Specifications, The DEPARTMENT may reject any work or materials not in such compliance. Upon completion of construction, the DEPARTMENT may inspect the project to determine the acceptability thereof prior to paying any final claim for reimbursement ofprojecl costs as hereinafter provided under Article R, Paragraph C.2. N. The CITYsballupdatethe Final Plans as necessarym slow allchanges oradditions made duringtheperlodofconstmction. Uponcompletionofconstruction, the CITY shall frmishto the DEPARTMENT a reproducible set of up-to-date Final Plans as "As -Buie Plans"showing all details oftheproject as constructed on mylar sheets measuring exactly 22 inches by 36 inches, or sheets of the same size on any equivalent medium of archival quality which is suitable and amepmble to the DEPARTMENT for permanent filing. O. The CITY shallmakeno chaogesin theswpeorobjectivesoftheprojecy oranyofthewsis thereofother that as hereivafterprovided, without the express writes approval ofthe DEPARTMENT. BAPUIW02 P1N010746.00 Page 6 of 12 1. An approved change shall be required to increase the cost of the project whenever expenditures are expected to exceed any approved single cost category or budget live item amount by some Nan ten (10%) peroevt as hereinbefore provided under Paragraph B.I or whenever the total of all participating project costs as defined under Article D, Paragraph A.1 is averred to exceed the ram as hereinafter allowed. In an event shall the total of all such participating project costs, together with all costs incurred by the DEPARTMENT as hereinafter provided under Article IL Paragraph B, exceed Two Hundred and Eighty Thousand (.6280,080) Dollars without the express written approval of the DEPARTMENT. 2. An approved change shall also be required to revise, modify or change the scope or objectives of the project or any of the cast sharing or reimbursement provisions set forth herohy to extend or shorten the period of this Agreement or to change any of the other teems set forth herein. P. The CITY shall assure thatallwork unledakenby the ClTY or anyofitsconead emsor contractors pursuant to this Agreement conforms to all applicable f deray state and local laws. Specifically, federal laws and regulations covering such work am set foM under Title 23 in the United States Code (hereafter USC) has applicable statutory law and 23 CPR for applicable admwshutive law. General adNlNstmtrve requirements relative to federally funded activities are also contained under 49 CAR Part 18 entitled "Uniform Administrative Requr anen sfor Crams and Co dative Agreements to Stare and Loca/ Crovenunums". Allow ability for participating costs is set forth and described in the Executive Ofiscs of the President of the United States' Office of Management and Budget (01413) Circular A-87 entitled "Cost Principles for Stare and Local Governments ". Q. The CITY shall maintain all improvements constructed under the project in such a manner as isnecess wpreservetheuseaodftmaionthereofasintmdedbytheproject. Such maintenance shall be consistent with the same kinds and level of maintenance provided by the CITY for all other major highways and arterials maintained by the CITY. R. The CITY agrees to operate and maintain the traffic signal as hereinafter provided and maintain all pavement markings (including stop bets, lane use arrows and all striping necessary to delineate the nursing laves) and traffic control signs. 1. The CITY agrees to be responsible for the operation and maintenance of the traf5c signal, including all cost associated therewith, upon satisfactory completion of the installation thereof and acceptance by the DEPARTMENT, except as hereinafter provided under subparagraph 3 below, and operate and maintain the traffic signal and all equipment appurtevam thereto to function as designed and installed by the DEPARTMENT, unless approved otherwise as hereafter provided, or as necessary as follows: a. All malfunctions and deficiencies in the traffic signal or any equipment commensal thereto shall be repairM or corrected expeditiously in accordance B",VIwo2 PfN010746.00 Page 7of12 with the Institute ofTraosportation Engineers' CITE)'7raffic Signal installation and Maintenance manual'. Any failure to wnect the traffic signal to f v von m designed could, upon written notification from the DEPARTMENT, result in the DEPARTMENT matdng all necessary repairs at the CITY's experse. b. The visibility of &a "Me signal shall be preserved and maintained at all times by mmoving any visual hnpairment thereto. c. No change in operation or modification to the traffic signal or any equipment appurtenant [hetero shall be made without the express written approval of flue DEPARTMENT. d. The DEPARTMENT shall be notified m writing prior to any removal or replacement of the traffic signal or any equipment appmtenaut thereto. Upon retrievals such traffic signal or equipment so removed shall be mounted to the DEPARTMENT without any we m the DEPARTMENT, unless agreed otherwise in writing. 2. The CITY agrees to be responsible for all necessary electrical service thereto and provide any necessary local permits apprmemant thereto and execute auy, necessary docamentaBon required by the provider of such service to establish such service. 3. The DEPARTMENT agrees to retain all ownership of the traffic signal and all equipment appurtenant thereto and be responsible for any repair or replacement necessary to correct any vanufavarer's defect or faulty worlmtanship therein during the warranty period, unless agreed otherwise by the parties berate. IL COST SHARING & REIMBURSEMENT PRO(:F.DUBES A. The DEPARTMENT shah be responsible for aportion ofthe Design, right ofway, construction and/or construction rngineeting casts oftheproject (hereafter project cold) as follows 1. The DEPARTMENT shall provide federal funds available to it through FHWA Ounwiterfederal share) m the onto of ninety (WA) percent of all project costs deemw eligible for federal participation (hemberparticipatinBProjece were) in awordance with all applicable federal laws and regulations as set forth under Article I, Paragraph P, to the extent that the total of all participating costs shall not exceed Two Hundred andEighry Thomand($280,000) Dollars without the express written approval of the DEPARTMENT as hereinbefore provided order Article 1, Paragraph 0.1. 2. The DEPARTMENT shall also provide ell of the von -federal or matching share of all participating project costs hereinbefore described after deducting the Outs share of such costs as provided under Paragraph B below. AW 010]46.00 Page 8 of 12 B. The CITY shall be responsible for my project costs deemed ineligible for feral participation under the provisions of Article I, Paragraph C.2 and Paragraph CA below, unless otherwise agreed W in writing as hereinbefore provided under Article I, Paragraph 0.2. C. The DEPARTMENT shall reimburse the CITY for no more than one hundred (1000%) percent of all project vests incurred by the CM as follows: 1. In no event shall the total of such reimbursement exceed Taro Hundred and Eighty Thousand ($280,000) Dollars without the express written approval of the DEPARTMENT as hereinbefore provided. 2. The CITY shall bill the DEPARTMENT no less than monthly for all claims for all allowable direct and actual participating project costs incurred order the provisions of Us Agreement. Such costs are incurred whenever work is performed, goods and services are received or a cash disbureavevt is made. All claims for such costs shall be submitted on the CITY's billhead or invoice and be itemized in at least the same detail or itemized in the approved project budget. The CITY shall show its share of such costs on all claims submitted for reimbursement. Each claim so submined shall include an accumulative total for an costs incurred by cost category or budget lime item. Each claw shall than include a certificeaos from a qualified employee in responsible charge of the project Nat all amounts so claimed for reimbursement are concert, due and not clawed previously and that all work for which such rambursemen[ is being clawed was performed in accordance with the tams of this Agreement or any specific contract applicable thereto approved by the DEPARTMENT under the tams of this Agreement. 3. If less than One Thousand ($1000) Dollars; in such reimbursable costs are incurred in any one month period or mgWarly scheduled billing period of at least one month duration, the CITY shall def my such claim therefore hard the next month or regularly scheduled billing period in which at least One Thousand ($1000) Dollars in such reimbursable costs have been incurred or mail the last or final claim is submitted for reimbursement. Payment of my final claim may be subject to a final inspection of the project by the DEPARTMENT to determine the accountably thereof as hereinbefore provided under Article I, Paragraph M. 4. The DEPARTMENT shall deduct all of those costs incurred by the DEPARTMENT to oversee the project as therein provided and retainage as hereinafter provided, prior to making any reimbursement 5. The DEPARTMENT shall withhold and retain two and ovehalf(2'/a %) patent of all such reimbursements until all work undertaken by the CITY pursuant to this Agreement is completed satisfactorily. The DEPARTMENT may retain temporally orpennenently my portion of suchreimbureements m retained which it deems Nuitable until such time m all things required of the CITY under this Agreement ere received, completed or accomplished to the satisfaction of the DEPARTMENT. BAP,&7"2 PfN010146.00 Page 9 of 12 6. If the CITY withdraws from the project, suspends or delays work m the project or takes some other action, including my acts ofcommissim oromissim, without concurrence of the DEPARTMENT which results in the loos offedual participation in my of the reimbunableproject costs described herein, the CITY shall become responsible for all of the federal share of such costs, and if necessary, shall refund to the DEPARTMENT all of me federal share ofmry reimbmsemmt received for such coats prior m my such loss of such participation. IM RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A. The CITY shall maintain all project records for a least a period of then (3)years from the data of me last or final submission of claim for reimbursement for project costa in accordance with the provisions of 49 CPR 18.42(b), except as otherwise provided under subparagraph I below. 1. If my litigation, claim, negotiation, audit or other action involving such records has begun prior to the exphatlon of such period, then all records shall be retained until all action and resolution of all issues arising theta from are complete if such action or resolution extends beyond the three year period hereinbefore described. 2. The CITY shall users that in accordance with the provisions of 49 CPR 18.42(3), the DEPARTMENT and FHw'A, and ifnece say, the Comptroller General of the United States, or my of their mthorizM representatives, shall have full access at any and all reasonable times to all records of the project for all purposes necessary to make audits, examinations, excerpts or transcripts. B. The CITY shall risme that all applicable audit requirements are red in accordance with the provisions of OMB Circular A-133. W. GENERAL PROVISIONS A. INDEPENDENT CAPACITY. while performing work under this Agreement, the CITY, its employees, agents, representatives, consultants or contractors, shall act in an independent capacity from the DEPARTMENT, and not as officers, employees or agents thereof. B. CONTRACT Al) W STRATOR. The DEPARTMENT shall assign a Project Manager act as the Contract Administrator on behalf of the DEPARTMENT under me teas of this Agreemmt As the DEPARTMENT's representative, the Contract Administrator shall have authority to stop the work ifnecessasy to msureproper execution thereof in accordance with teas of this Agreement All bills orinvoices frr payment, progress reports, claims, correspondence and all project related submissions Gam the CITY shall be seat directly to the Cornet AdmGtistrator. dMVIMV PIN010246.00 Page 10 of12 C. LIABILITY. Anyamomtpaidoutby Ore DEPARTMENToisingoutoforfiammy mars, omissions or failures an the pact of the CITY to meet professional standards of construction engineering and inspection shall be recovered from the CITY by reductions to any reimbursements due it ander the tams of this Agreement or by any other legal means. The DEPARTMENT shall promptly ratify the CITY Hang potential claim arises under the provisions of this Article. The CITY shall be allorded full opportunity, for a defense against my such claim If it is subsequently, detemdned that any such reduction in my reimbursement due the CITY by the DEPARTMENT was either arbitrary, capricious or fraudulent, than my amount so reduced shall be paid promptly. D. INDEMNIICATION. The CITY shall indemnify and hold homeless the DEPARTMENT and its officers, agents and employees from any and all claims, suits or liabilities of every, bad or radius arising out of or from my negligent, intentional, malicious or criminal set, error or omission by the CITY or my of its consultants or contactors occurring an the result of any work undertaken by the CITY pursuant to fins Agreement. This provision shall survive any [amination or expiation of this Agreement as hereinafter provided under Article V, Paragraph E. Noting herein shall, nor is intended to, waive any defense immunity or limitation of liability which may be available to the CITY or to DEPARTMENT, its or Nen officers, agents or employees, order the Maine Tort Claims Act pursuant to the provisions of Section 8101 m seq. in Tide 14 of the Maine Revised Suatues Aswarmed (hereafter MRSA) or any other privileges or humanities as may be provided by law. F. CONFIDENTIALITY. The parties hereto agree[list all information pertaining to engiunering coat estimates and m certain right-of-way matters, where applicable, shall be kept confidential pursuant to the provisions of 23 MRSA § 63. G. EQUAL FMPLOYMENT OPPORTIR= AND AFFItMATWE ACTION. During the performance of my work undertaken transport to this Agreement, the CITY shall not discriminate against any employee or applicant for employmant relating specifically to such work because of our, color, religious creed, sex, national migin, ancestry, age or physical handicap. The CITY shall take atfuroative action m aware that all such employees or applicants are treated without regard ro then our, color, religion, sex, age or national origin during the period of such work. H. INSURANCE. The CITY shall require any and all consultants, contactors or subcontractors performing my of the services or work undertaken Pursuant to this Agreement in be insured in accordance with the provisions set fort under Section 103.08 of the DEPARTMENT's Standard Specifications. I. OWNERSHI. All plans, reports, nota, papas or other tingible work produced by or on behalf of the CITY under the teens of this Agreement shall be the property of the DEPARTMENT and shall be turned over to the DEPARTMENT upon request following completionormmnnationofthe traject The CITY shall be allowed an interest therein conmensurate with its share ofthe project cost. BAP 4oirk? PX010746.00 Pagel]glJ2 I. SUBSEQUENT DOCUMENTATION. The parties hereto agree to execute all documems and take all actions necessary or incidental to implement the provisions of "a Agreement. K. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY shall not sublet, sell, manna, assign or otherwise dispose of this Agreement many portion thereof or my right, title or interest therein without the express wmtm consent ofthe DEPARTMENT. No contract, agreement or transfer of this Agrcement shall in any case release orrelieve the CITY from my liability under this Agreement. L. ENTIRE AGREEMENT. This Agreement contains the entre agreement between the parties hereto relative to all matters of the project and neither party shall be bound by any statement, correspondence, agreement or representation made previous haven which is not expressly contained herein. M. TERMINATION. The DEPARTMENT may postpone, snamod, abandon or otherwise terminate this Agreement upon written notice to the CITY and in no event shall any such action be deemed a breach of contrast. In the event that the reason for termination is other than for my failure by the CITY, the DEPARTMENT shall give the CM a written thirty (30) day notice ofterminsamn. Postponement, suspension, abandonment or termination may be tak®for my reason by the DEPARTMENT or specifically as the result of my failure by the CITY or my connector they're under to perform my of the services required under this Agreement to the satisfaction of the DEPARTMENT. Upon receipt of written notification Sam the DEPARTMENT that this Agreement is b be postponed, suspended, abandoned or terminated for my of the foregoing reasons, the CITY or my contractor there oda shall immediately cease all work or services subject to men termination, except my wok regwred to protect public health and safety, and tum over to the DEPARTMENT within thirty (30) days following the effective date of each termination, all project records, documentation and construction materials inplaccorpumh MfortheprojectpursumtwUsAgree . Upon receipt of such records, doawentatim and materials, the DEPARTMENT shall reimburse or mange a settlement with the CITY in one of the following moaners: 1. If the postponement, suspension, abmdovmevt or termination is for my reason other than that sec forth under subparagraph 2 below, the CITY shall be reimbursed for all work or services accomplished up mail the data of such termination. 2. If the postponement, suspension, abandonment or termination is the result of my failure by the CITY or my contractor there under to correct my unsatisfactory performance after receiving fifteen (15) days written notice from the DEPARTMENT setting forth the basis of such dissatisfaction, the CITY's reimbursement shall be limited to payment for acceptable work or services accomplished up until the dme of such termination. BAPN9Po2 PIN010746.00 Pose 12 of12 1 YV.1 r ul aYl A. All of the provisions set forth under Articles I and D shall expne upon satisfactory completion of the terms ad forth therein or three (3) years from the date hereof whichever occurs firs[, unless otherwise terminated sooner or extended later in writing as hereinbefore provided undor Article I, Paragraph 0.2. B. All of the provisions set forth under Articles m not IV, except Article 1V, Paragraph D, shall expire upon satisfactory completion of the terms set forth under Article 11, unless terminated sooner or ext®ded later in writing as hereinbefore provided under Article I, Paragraph 0.2. C. The indemnification provision set forth modest Article IV, Pamgmph D shall remain in Coll force and effect indefinitely or unfit spuifically terminated, modified or amended in writing by the parties hereto or negated by my operation of law. VI. APPROVAL This AGREEMENT has been approved and signed in duplicate by the parties below and becomes effective on the day and date fust above written. STATE OF MAINE DEPARTMENT OF TRANSPORTATION y^1 VVVV V omen T. F ter, Diredol ureau ofPrgr r Development CITY OF BANGOR 1 -4 _ �OWSW B"019A2 � 7 City Mawge� June 19, 2002 RECEIVED Mr. Edward A. sanest JUN 2 1 2802 City Manager CITYMANAOEq,S OFFICE City of Bangor 73 Barlow Street Bangor, ME 04401 Subject: Preliminary Engineering and Right of Way Authorisation Federal ProjEd No. STP -8883(00)X, PIN 8883.00 Dear Mr. Barrett: Enclosci is your copy of the fully executed original Local Project Agreement for the proposed traffic signal and intersection improvements at tie interaction of Mount Hope Avenue and Howard Street in the City of Bangor, under Project No. STP -8883(00)X M8883.00. This letter is to inform you that federal funding for Preliminary Engineering and Right of Way have been authorized and obligated for the project. Expenses incurred for Preliminary Engineering and Right of Wayne reimbursable as oftoday's date. Please proeeMwldl the project and provide me a line item budget and anticipated project schNWe as soon as possible so I can update the MDOT financial tracking system. If the department can assist you in any way or if you have any questions please call me at (207)624-3620. Enclosure Sincerely, 'ID S Late Traffic Asst Stauof aims Engineer Bareau ofMaiv[enance & Operations THE MAINE DEPARTMENT OF TRANSFORTATION IS AN AFFIRMATIVE ACTION EQUAL OPPORTUNITY EMPLOYER STATE of MAINE DEPARTMENT OF TRANSPORTATION 16 STATE HOUSE STATION AUGUSTA. MAINE )310016 June 19, 2002 RECEIVED Mr. Edward A. sanest JUN 2 1 2802 City Manager CITYMANAOEq,S OFFICE City of Bangor 73 Barlow Street Bangor, ME 04401 Subject: Preliminary Engineering and Right of Way Authorisation Federal ProjEd No. STP -8883(00)X, PIN 8883.00 Dear Mr. Barrett: Enclosci is your copy of the fully executed original Local Project Agreement for the proposed traffic signal and intersection improvements at tie interaction of Mount Hope Avenue and Howard Street in the City of Bangor, under Project No. STP -8883(00)X M8883.00. This letter is to inform you that federal funding for Preliminary Engineering and Right of Way have been authorized and obligated for the project. Expenses incurred for Preliminary Engineering and Right of Wayne reimbursable as oftoday's date. Please proeeMwldl the project and provide me a line item budget and anticipated project schNWe as soon as possible so I can update the MDOT financial tracking system. If the department can assist you in any way or if you have any questions please call me at (207)624-3620. Enclosure Sincerely, 'ID S Late Traffic Asst Stauof aims Engineer Bareau ofMaiv[enance & Operations THE MAINE DEPARTMENT OF TRANSFORTATION IS AN AFFIRMATIVE ACTION EQUAL OPPORTUNITY EMPLOYER LOCAL PROJECT AGREEMENT BETWEEN THE DEPARTMENT OF TRANSPORTATION AND THE CITY OF BANGOR REGARDING THE PROPOSED TRAFFIC CALMING MEASURES AT THE INTERSECTION OF MOUNT HOPE AVENUE AND HOWARD STREET UNDER FEDERAL AID PROJECT NO. STP -8883(00)X PROJECT IDENTIFICATION NUMBER (PIN) 8883.00 This AGREEMENT u entered into on this Op day of '20M by and between the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (hereafter DEPARTMENT) and me CITY OF BANGOR, municipal corporation located in PEN'OBSCOT County (hereafter CrM regarding traffic calming measures at the intersection of Mount Hope Avenue and Howard Street Under Federal Aid Project No. STP -8883(00)x, Project Identification Number 8883.00 (hereafter project), which has been included in the DEPARTMENT's Biennial Transportation Improvement Program (BTIP)for Fiscal Years 2000/2001 contingent upon a portion of cost there of being provided by the CITY, as follows: A. The purpose of the project is to develop traffic calming measures at the intersection of Mount Hage Avenue and Howard Street, as aforesaid. 1Le total participating cast ofihe project as defined under Article D, Paragraph A.1 shall not exceed Thirty Thousand ($30,000) Dollars without the express written approval of the DEPARTMENT as hereinafter provided ander Parairmh O.1. Re mburseurent as hereinafter provided order Article If shall be limited to no more than one hundred (I0)%) percent as hereinafter provided order Article I, Paramaph D. D. The CITY stall submit a line item budget to tins DEPARTMENT for approval based upon detailed estimate of project costs. 1. Once such a budget is approved, expenditures subject to reimbursement as heremafter provided shall not exceed any single cost category or budget line ilem amount by any more than ten (10%) percent without approval of the DEPARTMENT. PIH8883.00 Page 2 of 11 2. In no event shall the total of all such expeaditurea exceed the total amount allowable for the project an hereioaHer provided order Pamgmph 0.1. C. The= shall art perform or authorize any services mwork under "a Agreement without fust receiving the express approval to do so in writing from the DEPARTMENT. 1. Such approval shall be contingent upon the DEPARTMENT receiving authorization from the Federal Highway Administration (hereafter PRWA) for federal participation in the project costs hereinbefore described. 2. Any casts incurred by the CITY prior to rxeiving such approval from the DEPARTMENT shall be ineligible Err federal participation and theefore not reimbursable by the DEPARTMENT under the provisions of Article IL D. The CITY shall develop and prepare all of the necessary, design plans, specificatiors, estimates and contract documents frr the project as directed] by the DEPARTMENT in accordance with the DEPARTMENT's standards and procedures for procuring construction contracts for fndeml-aid projects. The CITY shall submit all such plana, specifications, estimates mW contract documents to the DEPARTMENT for review and approval prior to procuring any such contract. 1. All plans shall measure 22 inches by 36 inches and include the level of detail necessary to construct such improvements in a mauner satisfactory to the DEPARTMENT. Such plans may include, but are art necessarily limited to: title or cover shat, plan and profile, typical sections, standard details, special details and Cross sections. 2. All design features shall cordorm to the standards used by the DEPARTMENT an set forth in its "Highway Daunt; Guide "and "SeandardDerails for Highways and Bridges" and comply with the DEPAR7FNIENT's utility aaomrvodation policy an net forth in its "Policy On Above Ground Utility Locations". 3. All plans and contract documents shall specify that the project be constructed in compliance with the DEPARTMENT's "Standard Specifrcatiom for Highways and Bridges" (herrafter Standard Specifications). 4. The CITY shall be responsible for all necessary utility coordination and shall certify to the DEPARTMENT that all utilities potentially affix ted by the proposed highway improvements have been notified and offered plans oftheproposed improvements. Prior to the approval offinal plan as hereinafterprovided, the CITY shall certify to the DEPARTMENT dim all necessary utility adjustments orreloeation have been coordinated with the affected utility. 5. Any work involving force account procedures small require the express approval of the DEPARTMENT. aA M"2 PM8883.00 Page 3 of 11 6. Upon approval of fiml design, all plans an approved shall become known as thefnal plain, (hereafter FmA Plana). E. The CITY may contract for engineering and design related services as necessary to develop, design or construct the project, provided the selection and rctemion of any individual or fora to provide or famish any engineering or design related services for the project (hereafter consultant) shall be based upon qualifications in accordance with the DEPARTMENT's consultant selection and retention procedures. 1. No contract for such services shall be awarded without the express approval of the DEPARTMENT sod FHWA pursuant to the provisions set forth under Part 172 of Title 23 in the United Stater Code of Federal Regulations (hereafter CFR) specifically, those provisions set forth therein under Section 172.5(d). 2. The CITY shall specifically monimr all work performed under any such contract pursuant to the provisions of 23 CPR 172.13. 3. The DEPARTMENT may accept or reject any work performed or procured under any such contract pursuant to the provisions of 23 CFR 172.5(d). F. TheCMshalldevelopmdprepareallmviro mtalamdiesaMr Asnecessaryforthe project as directed by the DEPARTMENT. All such studies and reports shall be submitted b the DEPARTMENT, from time to time, for review, comment and acceptance. G. The DEPARTMENT shall prepare and submitto FRWA for concurrence all mvirorummtel domanmtation required forthe project under the provisions ofthe National Environmental Policy Acr(NEPA). H. The CM shall obtain all permits necessary to construct the project. 1. The CITY shall solicit the participation of the public in the development of the project upon completion ofmcliminsry design and the development of a Preliminary Design Report, prior to initiating any final design. 1. The= shall cutify that ample right-of-way is available to construct and maintain the project and that such right-of-way is fice of all encroachments that could interfere with such construction prior to being allowed to solicit for bids to comstruct the project. 1. The use of all public land under the ownership and central ofdic parties hereto shell be made available for all purposes necessary or incidental th the project without any cost to the project. a. The DEPARTMENT shall tourist all right; title and monest that it presemtly holds in and to any of the prop" used for the project. BM419Po2 PfN8883.00 Page 4 of 11 b. Any municipal property that is used for the project shall be dedicated for public use in perpetuity by the CITY for so long as the improvements constructed under the pr jea, or otherwise intended by the project, exists. I) Such dedication shall include a suitable boundary line car engineering description confident to locate and dome such land with ties to a reproducible control line. 2) The CITY shall forward a copy of such dedication and description to the DEPARTMENT. 2. The CITY shall acquire and famish my additional right-of-way necessary to construct and maintain the project. a. lilt such right-of-way shall be acquired in accordance with the Uniform Relocation Assistance and Real PsoperryAcquisition Polities Act of 1970 as amended by the United State Congress in 1987 (Uniform Act) pummant to the provisions ad forth ander 49 CFR Part 24. b. The CITY shall certify that all such rightof--wry was acquired, is available, and is free of all encroachments in accordance with the provisions of the Unifmra Act 3. The CITY shall famish to the DEPARTMENT a right-of-way nap or similar plan prepared in accordance with Ne DEPARTMEN'T's specifications detailing any right-of- way acquired for or dedicated to the project. K Upon approval by die DEPART?M1W,the CITY shall solicit for competitive bids and award a contract to construct the project in accordence with the Final Plans and Standard Specifications as follows: 1. Such solicitation and all procedures pertaining to the procurement of such a contract shall be in accordance with the DEPARTMENT'S procurement policy and procedures for federal -aid projects, unless approved otherwise by the DEPARTMENT. 2. Both the CITY and the DEPARTMENT shall have the right to accept or reject any and all bids received as a result of such solicitation. 3. The CITY shall not awed any each contract without the express approval of the DEPARTMENT. 4. Upon such award, the CITY shall arrange for a precoratruction meeting to coordinate the construction of the project with the DEPARTMENT, the contractor, and any and all miliM1w and other parties directly involved in such construction. BAP M9`02 PTH8883.00 Page 5 of II L. The CITYshalladminister such aconbract so awardedandprovida all ofthenecessary supervision, inspection and documentation required to ensure that the project is completed in a satisfactory manner in accordance with the Final Plans and Standard Specifications as hereinafter provided. 1. The CITY shall provide a full-time qualified employee to be in responsible charge of theproject. 2. The CITY shall use procedures acceptable to the DEPARTMENT to measure and document the quantity and quality of all work performed router this Agreement and to test the materials used therein in an accurate and uniform manner. All documentation, including all source docnmems used as the basis of payment for such work, shall become a supper of record and retained as hereinafter provided under Article 111, Paragraph A. 3. All traffic throughout the work areas on the project shall be controlled in accordance with the provisions of Part VI ofFRWA's "Manual on Uniform Traffic Control Devices for Sneers and Highways" (MUTCD). 0. Upon completion of the project, the CITY shall provide a compliance certification from a registered Professional Engineer authorized to practice in the State of Maine that the project was constructed in a satisfactory meaner in accordance with the Final Plans and Standard Specifications and that the quantity, send quality of all work performed under this Agreement and all of the materials used in such construction were measured and documented as hereinbefore provided and met all specification requirements of the construction contras. M. The DEPARTMENT may inspect construction of the project and all documentation pertaining thereto at any time during the period of construction and may test any of the materials used thereinto ensure compliance with the Final Plans and Stardmd Specifications. The DEPARTMENT may reject any work mmaterials not in such wmpfiance. Uporcompletionof wnstructiom the DEPARTMENT may inspst theprojcct to detemdne the acceptabilitythereof prior to paying my final claun for reimbursement of project wets as hereinafter provided under Article D, Paragraph C.2. N. The CITY shall update the Final Plans as necessary, m show all changes or additions made during the period of communion, Upon completion ofermtructior, the CITY shall faddish the DEPARTMENT a reproducible set of up -or -date Final Plans as "As -Built Flow "showing all details of the project as constructed on mylar stands measuring exactly 22 inches by 36 inched, or sheets of the same size on my equivalent medium ofanduval quality which is suitable and acceptable on the DEPARTMENT For per ommad filing. O. The CITYshallmakenochmgesi scopeorobjw[ivesofthepmje4ormyofthecoats therrofother than as hereinafterprovided, without the express written approval ofthe DEPARTMENT. BAP4Ym/%2 PIN 8883. 00 Page 6 of11 1. An approved cbange shall be required to increase the cost of me project whenever expenditures are expected to exceed my approved single cost category, or budget line item amount by more thin ten (10%) ferment as Ion embefore provided muter Paragraph 13.1 or whenever the total of all participating project costa as defined order Article B, Paragraph A.I is expected to exceed the sum as hereinafter allowed. in no avant shalt the royal of all such participating project costs, together with all caste incurred by the DEPARTMENT as hereinafter provided under Article D, Paragraph B, exceed May Thousand ($30,000) Dollars without the express written approval of the DEPARTMENT. 2. An approved change shall also be required to revise, modify or change the scope or objectives of the project or any of the cost singing or reimbursement provisions set forth barer%to extead or shorten the period of this Agreement or to change any or me other tams ad forth herein. P. TheC=shallgsaret Alwo&mdmukmbytha OWormyofigco ultamtsor contractors parsuaot to this Agreement conforms to all applicable federal, state and local laws. Specifically, federal laws and regulations covering such work are erg forth undid Title 23 in the (A ''ted States Code (hereafter USC) for applicable statutory law and 23 CFR for applicable a rommbative law. General administrative requirements relative to federally funded activities are also contained under 49 CFR Part 18 entitled "(Inform Admimaranve Reguirentems for Gmnrsweir C perative Agreements to State and Local Governmens". Allowabitityfor participating costs is ad forth and described in the Executive Office of the President of the United States' Office of Management and Budget (OMB) Circular A-87 emitted "Cost Principles for Sete arrd Local Govarnmmk". Q. The CITY shall maintain all improvements concocted under the project in such a merger as is necessary to preserve the use and function thereof as intended by the project. Such maintenance shall be consistent with the same kinds and level of maintenance provided by the CITY for all other major highways and arterials maintained by the CITY. D. COST SELARING At RENfBURSEMENT PROCEDURES A The DEPARTMENT shall be responsible for a portion of the Design, right of way, cournacdm and/or construction engineering costa of me project (hereafterprojed costs) m follows 1. The DEPARTMENT shall provide federal [vada available to it through ER WA (hemalterfederal share) at the one of ninety (90%) merged of all project costs deemed eligible for federal participation (haeaflerparticipating project casts) in accordance with all applicable federal laws and regulations as set forth under Article 1, Paragraph P, to the extent [hat the total of all participating cods shall Out exceed Mny Thousand (530,000) Dollars without the express written slammed of the DEPARTMENT as hereinbefore provided Order Article 1, Paragraph 0.1. BAPU19N3 P"8883.00 Page ]ofH 2. The DEPARTMENT shall also provide all of the non-federal or mobbing shore of participating project costs hereinbefore described after deducting the CITY's share of such costs as provided under Paragraph R below. D. The CITY shall he responsible for my project costs deemed ineligible for federal participation under the provisions of Article I, Paragraph C.2 and Paragraph C.6 below, unless otherwise agreed to is writing as hereinbefore provided under Article I, Paragraph 0.2. C. The DEPARTMENT shall reimburse the CffY for no more than one hundred (100%) percent of all project tradeincurred by the CITY as follows: 1. In no event shall the total of such reimbursement exceed TIbny Thousand (£30,000) Doffars without the express written approval of the DEPARTMENT as bereinbefore provided. 2. The CITY shall bili the DEPARTMENT no less than monthly for all claims for all allowable direct and actual participating project costs incurred under the provisions of this Agreement. Such ones are incurred whenever work is perfumed, goods and services are received or a cash disbursement is made. All claims for such rusts shmati be submitted on the CITY's billhead or invoice and be itemized in o least the same detail as itemized in the approved project budget. The CITY shall show its share of such casts on all claims submitted for reimbursement. Each claim an submitted shall include an accumulative total for all costs incurred by cost category or budget line item. Each claim shall also include a certification Gom a qualified employee in responsible charge of the project fat all contents so claimed for reimbursement are correct, due and not claimed previously and that all work for which such reimbursement is bang claimed was performed in accentuate with me terms of Us Agreavmt or any specific contract applicable thereto approval by the DEPARTMENT under the terns of this Agreement. 3. If less than One Thousand ($1000) Dollars in such reimbursable costs are mounted in my one month period or regularly scheduled billing period of least one month duration, the CITY shall def any such claim therefore until the next month or regularly scheduled billing period in which at least One Thousand ($1000) Dollars in such reimbursable costs have been incurred or until the last or foal claim is submitted for reimbursement. Payment of my final claim maybe subject to a final inspection of the project by the DEPARTMENT to determine the acceptability thereof as haeinbef ver provided under Article I, Paragraph M. 4. The DEPARTMENT shall deduct all ofthose costs incurred by the DEPARTMENT W oversee the project as therein provided aM retainage as hereinafter provided, prior to malting my reimbursement. BMO lWw S. The DEPARTMENT shall withhold and retain two and ane-half(2% %) percent of all such rehnbursanents until all work undertaken by the CM pursuant to this Ageemem is completed satisfactorily. The DEPARTMENT may retain temporarily or permanently any Portion of such reimbursements so retained which it deems equitable until such time as all things required of the CITY under this Agreement are received, completed or accomplished to the satisfaction of the DEPARTMENT. 6. If the CITY withdraws from the project, suspends or delays work on the projeet or takes some other action, including any sets of commission or omission, without concarreace of the DEPARTMENT which results in the lass of federal participation in any of the reimbursable project casts described harem, the CITY shaD become responsible for all of the fdeml stare of such casts, and if necessary, shall refund to the DEPARTMENT all of the federal share of my mi noursement received for such coats prior to any such loss of such participation. M. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A The CITY shall maimain 0 project records fm at least a period ofthree (3) yeas tram the date of &a last or final submission of claim for reimbumement for project coals in accordance with the provisions of 49 CPR 18.42(6), except not otherwise provided ander subparagraph t below. 1. If my litigation, claim, nego ishon, audit or other action involving such records has begunprior to the expiration of such period, then all records shall be randrod until all action and resolution of all issues arising these from we complete if such action or resolution extends beyond the three year period hereinbefore described 2. The CITY shall assure that in accordance with the provisions of 49 CFR 18.42(3), the DEPARTMENT and TBWA, and ifnecessary, the Comptroller General of the United States, or any of their authorized represmtazivce, shall have full access at any and ell reasonable times to all records of the project for all Purposes necessary to make audits, examinations, excerpts or transcripts. B. The CITY shall assure that all applicable audit requirements are met in accordance with the provisions of OMB Circular A-133. W. GENERAL PROVISIONS A. INDEPENDENT CAPACITY. While performing work under tlds Agreement. the CITY, its employees, agents, representatives, consultants or contractors, shall act in an independer¢ capacity from the DEPARTMENT, and not as officers, employees or agenda thereof. aM419/OS PM8883.00 Page 9 of 11 H. CONTRACT ADMINISTRATOR. The DEPARTMENT shall assign a Project Manager to W as the Contract Administrator on behalfoft he DEPARTMENT under the tens of Us Agreement As the DEPARTMENT'srepresentafive, the Contract Admirtisomen shall have authority a stop the work if necessary to ensure proper exaction thereof in accordance with [enns of [Itis Agreement. MlbiUsorinvoicesforpay M,pmg smpo ,claims, comespoMence and all project related submissions from the CITY shall be sent directly to the Contract Administrator. C. LWRD,ITY. Anyamomtpaidoutbythe DEPARTM WN singoMofmfrommy wous, omissions or failures on the part ofthe CITY to meet professional standards of construction engineering and inspection shall be recovered from the CITY by reductions in any reimbursements due it order the terms of this Agreement or by my other legal means. The DEPARTMENT shall promptly notify the CITY if my forest claim arises under the provisionsofthis Article. The ClTYs beatTuMedfulloMorNMryforadeknsea&nstmy such claw. Ifit is subsryuently determined that my such redoctim in my reimbursement due the CITY by the DEPARTMENT was either atbivary, capricious or fiaudulent, then my amount an reduced shall be paid promptly. D. IND&1Mt1F1CAT1ON. The CYrY shall indemnify and hold hamlwa Ne DEPARTMENT and its offices, agents and employees from my and all claws suits or liabilities of every land or ounce arising out of or from my negligent, intentional, malicious or criminal act, error or omission by the CITY or my of its consultants or consumers occurring as the result of my work undertaken by the CITY turnout to this Agreement. This provision shall survive my termination or expiration of this Agreement as hereinafter pmvided miler Article V, Paragraph C. Nothing herein shall, nor is intended to, waive my defense immunity or lwietim of liability which may be available m the CITY or the DEPARTMENT, its or their officers, agents or employees, under the Maine Tort Claims Act pursumt to the provisions of Section 8101 et sect. in Title 14 of the Maine Revised Statures Annotated (Marfter MRSA) or my other privileges or immunities as may be provided by her. E. CONFMENTIALM. The parties hereto agree that all information pertaining to engineering cost estrames and to reunion rightof-way moms, where applicable, shall be kept confidential pursuanr to the provisions of 23 MRSA ¢ 63. F. EQUAL EMPLOYMENT OPPORTUNITY AND AFPDLMATTYE ACTION. Dming the perfomsnce of my wade undertaken forward to this Agreement, the CITY shall not discontinue against my employee or applicant for employment relating specifically to such work because of me, color, religious creed, sex, national origin, mcestry, age or physical handicap. The CITY shall eke affirmative action to ensue that all such employees or applicants are heated without regard to Heir race, color, religion, sex, age or national origin during the period of such work. G. INSURANCE. The CITY shall require my and all consultants, contractus or subcontractors performing, my of the services or wodc undertaken pursuant to this Agreement to be insured in accordance with the provisions set forth under Section 103.08 of the DEPAft MENT's Standard Specifications. anPaavie2 PM8883.00 Page l0 oJil H. OWNERSHIP. All plans,reports,notes, papers or other tangible work produced by or an behalf of the CITY under the extra of this Agreement shall be the property ofthe DEPARTMENT and shall be tamed over to the DEPARTMENT upon request following completion or laureation of the project. The CITY shall be allowed an interest therein wmmmsmate with its share of the project cost. L SUBSEQUENT DOCUMENTATION. The partes hereto agree to execute all documents and take all actions necessary or incidental to implement the pmviaions of &a Agreement. J. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY shall not sublet, sell, transfer, assign or otherwise dispose of this Agreement or arty portico thereof or any right, title or interest therein without the express written consent ofthe DEPARTMENT. Nownwact,agreementor trmsferofl sAgreementshallyrmycasereleaseorrelievetheCITYfromanyliabilityunder this Agreement. K. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto relative Wall matters of the project and neither party shall be bound by my statement, correspondence, agreement or representation made previous hereto which is not expressly contained herein. L. TERhUNATION. The DEPARTMENT may postpone, suspend, abandon or otherwise terminate this Agreement upon written notice W the CITY and in no event shall my such action be deemed alms ch ofcosmact. In the event that the meson for lamination is other then for my failure by the CITY, the DEPARTMENT shall give the CITY awritten thirty (30) day notice oftemmardion. Postponement auspesion, abandonment or termination may be taken for my reason by the DEPARTMENT or specifically as the result of my failure by the CITY or my contractor they're under to perform my of the services required under this Agreement to the satisfaction of the DEPARTMENT. Upmamociptofvrzittmmtificationfromthe DEPARTMENT that this Agreement is to be postponed, suspended, abandoned or laminated for my of the foregoing reaeors, the CITY or my contractor there motor shall immediately cease all work or services subject to each termination, except my wank required to protect public health and safety, and tum over to the DEPARTMENT within thirty (30) days following the effective data of each termi ation, all project records, documentation and corsWction materials in place or purchased for the project pursuant to this Agreement. Upon receipt of such records, documentation and materials, the DEPARTMENT shall reimburse or mange a settlement with the CITY in one of the following mousers: I. If the postponement, suspension, abandomven[ or termination is for my reason other than that set forth under subparagraph 2 below, the CITY shall be reimbursed for all work or services accomplished up until the date of such termination. BA VZWV33 PAr8883.00 Page 11 of 11 2. Ifthe postponement,suspension, abandonment ortemwwion is the result ofany failure by the CITY or any contactor more under to correct any unsatisfactory performance after receiving fifteen (15) days written notice from We DEPARTMENT setting forth the basis of such dissatisfaction, the CITY's reimbursement shall be limited W payment for acceptable work or services accomplished up until the date of such [amination. V. TERMS OF AGREEMENT A. All of the provisions set forth under Articles I and D and expire upon satisfactory completion of the tams set forth therein or three (3) yeas from the date hereof, whichever occurs fin t, unless otherwise terminated sooner or extended later in writing as hereinbefore provided under Article 1, Puragraph 0.2. B. All of the provisions set forth under Articles III and IV, except Article IV, Pamgmph D, shalt expire upon satisfactory completion of the terns sed forth under Article M, unless terminated sooner or extended lata in writing as hereiNwfore provided under Article I, Paragraph 0.2. C. The indemnification provision set forth under Article IV, Paragraph D dull remain to full force and effect indeflumely or until specifically terminated, modified or amended in writing by the parties hereto or negated by any operation of law. U WAWA -101/.1p This AGREEMENT has been approved and signed in duplicate by the parties below and becomes effective on me day and date first above written. STATE OF MAINE DEPARTMENT OF TRANSPORTATION t 8y.' .a -a-- ones ROrrea T. Foster, Dir or ,- Bureau ofAnjece Development CITY OF BANGOR & WIRAi y Cur Managff