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