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HomeMy WebLinkAbout2010-10-25 10-355 ORDERCOUNCIL ACTION Item No. Date: October 25, 2010 Item/Subject: Order, Authorizing the City Manager to Execute an Agreement with the Maine Department of Transportation — Godfrey Boulevard/Maine Avenue Roundabout Project, PIN #17321.00 Responsible Department: Engineering Commentary: The attached Order would authorize the City Manager to execute a Local Project Agreement with Maine Department of Transportation for design of a one -lane roundabout at the intersection of Godfrey Boulevard and Maine Avenue. Estimated project cost not to exceed 354,185, with the City's share of approximately 35,416.00. The roundabout will replace an existing signalized intersection and is considered a better traffic control technique at this location and will also present a "gateway" to the Airport. This initial agreement is for completing design and will likely also provide some construction funding. Additional funding in MDOT's next Biennial Transportation Improvement Program will be needed to undertake construction, likely in 2012. A Copy of the Agreement is attached. 98*_� D - 10,�Y Department Head Manager's Comments: City Manager Associated Information Agreement Budget Approval: finance Director Legal Approval: City Solicitor Introduced for X Passage CW First Reading Page _ of _ Referral 1C 55 Assigned to Councilor - Palmer October 25, 2010 CITY OF BANGOR (TITLE.) Order, Authorizing the City Manager to Execute a Local Project Agreement with The Maine Department of Transportation — Godfrey Boulevard/Maine Avenue Roundabout Project, PIN #17321.00 By the City Council of the City of Bangor: ORDERED, THAT the City Manager is hereby authorized and directed to execute an agreement with the Maine Department of Transportation for a roundabout at the intersection of Godfrey Boulevard and Maine Avenue. A copy of the Agreement is attached. IN CITY COUNCIL October 25, 2010 Passed -CIYY CLERK 10-355 (TiTLEJ Authorizing.the City Manager to Execute an Agreement with the Maine Department of Transportation Godfrey Boulevard/Maine Avenue Roundabout Project PIN # 17321.00 Assigned -to Councilor LOCAL PROJECT AGREEMENT Between the CITY OF BANGOR And the State of Maine, Department of Transportation Federal Project Number STP -1732(100)X, State PIN 17321.00 This AGREEMENT is made this day of , 2010, by and between the Department of Transportation, an agency of the State of Maine, having its principal office in Augusta, County of Kennebec, State of Maine (hereinafter called the DEPARTMENT), and the City of Bangor, a municipal corporation and body politic, having its principal office in the County of Penobscot, State of Maine (hereinafter called the CITY). WITNESSETH WHEREAS, the Project described herein was selected by the Bangor Area Comprehensive Transportation System, the federally designated metropolitan planning organization for the Bangor urbanized area (hereinafter "the MPO") for inclusion in the Department's 2010-2011 Biennial Capital Work Plan; and WHEREAS, this AGREEMENT sets out the terms and conditions of the Federal, State and local funding for the Project, as programmed by the MPO using capital improvement funding allocated by the DEPARTMENT. NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: ARTICLE 1. DEFINITIONS When used within this AGREEMENT, the terms listed below shall have the following meaning: Prolect: The work to design and construct a one -lane roundabout at the intersection of Maine Avenue and Godfrey Boulevard in Bangor (hereinafter called "the Project".) The work is to be performed by or for the CITY and accepted by the DEPARTMENT, as amended from time to time. The DEPARTMENT will participate in the funding of the Project — as programmed by the MPO — at the cost-sharing rate described in ARTICLE III, Paragraph A, up to a maximum of Three Hundred Fifty -Four Thousand One Hundred Fifty -Eight Dollars ($354,158) in federally eligible Project costs as described in ARTICLE II, Paragraph N.1 and ARTICLE III, Paragraph A. Prolect Coordinator: The person designated by the CITY to coordinate and manage all local responsibilities regarding the Project. This individual also serves as the CITY's liaison with the Department. Prolect Manager: The person designated by the DEPARTMENT to coordinate and manage all State responsibilities regarding the Project. This individual also serves as the State liaison with the CITY. ARTICLE II. PROJECT DEVELOPMENT A. The CITY shall submit a line -item budget containing an itemization of estimated Project costs to the DEPARTMENT for review and approval. 1. Once such a budget is accepted and approved by the DEPARTMENT, expenditures may not exceed any single cost category or budget line item amount by more than ten percent (10°/0) without the DEPARTMENT's approval. 2. Should the CITY wish to increase the total amount of federally participating funding authorized for the Project — as provided in Section N of this ARTICLE II — or to adjust the scope of the Project from what is described in ARTICLE I above — the CITY first shall obtain approval from the MPO. City of Bangor — LOCAL PROJECT AGREEMENT Page 1 of 9 PIN 17321.00 B. The CITY shall not perform or authorize any services or work under this Agreement without first receiving authorization to do so from the DEPARTMENT. 1. Such approval shall be contingent upon the DEPARTMENT receiving authorization from the Federal Highway Administration (hereinafter called the FHWA) for Federal participation in Project costs. The DEPARTMENT shall not unreasonably withhold such approval. 2. All costs incurred by the CITY before receiving such approval shall be ineligible for Federal participation and, therefore, not reimbursable by the DEPARTMENT under the provisions of ARTICLE III. Any such ineligible costs cannot be credited to the CITY's matching share responsibilities for the non -Federal portion of Project costs. C. 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 and procedures for procuring construction contracts for Federal -aid projects. The CITY shall submit all such plans, specifications, estimates and contract documents to the DEPARTMENT for review and approval before procuring any such contract. 1. All design work shall conform to applicable standards in the Department's Standard Specifications (December 2002) and Standard Details (December 2002). 2. All plans and specifications developed by or for the CITY shall adhere to the Department's Policy on Above -Ground Utility Locations. 3. The CITY shall develop and prepare all documentation relating to utilities, coordinate all matters relating to utilities, and submit all necessary documentation to the DEPARTMENT before requesting authorization from the DEPARTMENT to solicit competitive bids. D. The CITY may contract for engineering and design services necessary to develop, design or construct the Project, provided: 1. The selection and retention of any individual or firm to provide or furnish engineering or design -related services for the Project shall be based upon qualifications, in accordance with the Department's consultant selection and retention procedures. 2. No contract for such services shall be awarded without the Department's approval pursuant to the provisions set forth under Part 172 of Title 23 in the United States Code of Federal Regulations (CFR), specifically those provisions set forth under Section 172.5(d). a. The CITY shall specifically monitor all work performed under any such contract pursuant to the provisions of 23 CFR 172.13. b. 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). E. The CITY shall develop and prepare all environmental studies and reports for the Project. All such studies and reports shall be submitted to the DEPARTMENT for review. F. The DEPARTMENT shall prepare and submit to the FHWA, for concurrence, all environmental documentation required under the provisions of the National Environmental Policy Act (NEPA). G. The CITY shall obtain all approvals, permits and licenses required to construct the Project. H. The CITY shall provide for public participation in the development of the Project. I. The use of all public land under the ownership or control of the parties hereto shall be made available for all purposes necessary or incidental to the Project without any cost to the Project. City of Bangor — LOCAL PROJECT AGREEMENT Page 2 of 9 PIN 17321.00 1. The DEPARTMENT shall retain all right, title and interest that it now holds in and to any of the property used for the Project. 2. Any municipal property that is used for the Project shall be dedicated for public use by the CITY. a. Such dedication shall include a suitable monumented boundary and an engineering description sufficient to locate and define such land with ties to a reproducible control line. b. The CITY shall forward to the DEPARTMENT a copy of such dedication, with description, before being authorized to solicit bids for construction of the Project. 3. The CITY shall acquire and furnish any additional right-of-way necessary to construct and maintain the Project. a. All such rights-of-way shall be acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 as amended by the United States Congress in 1987 (the "Uniform Act") pursuant to the provisions set forth under 49 CFR Part 24. b. The CITY or its consultant shall follow the Real Estate Acquisition Guide for Local Public Agencies, published by the FHWA. c. All such rights-of-way shall be acquired before advertising for construction bids and shall be held inviolate from all encroachments. The CITY shall certify in writing to the DEPARTMENT that all such rights-of-way have been acquired before being allowed to solicit bids as herein provided in Paragraph J of this ARTICLE. 4. The CITY shall provide the DEPARTMENT with a right-of-way map or similar plan prepared in accordance with the DEPARTMENT's specifications detailing all right-of-way acquired for, donated to, or dedicated to the Project. 5. The CITY shall develop and implement a maintenance plan acceptable to the DEPARTMENT that assures an appropriate level of maintenance necessary to maintain the improvements constructed under the Project in order to preserve the use and function thereof as intended by the Project and this AGREEMENT. 6. The CITY shall maintain and operate the completed facility for its intended public purpose for a period of twenty (20) years or its useful design life, whichever is longer. J. Upon approval of the DEPARTMENT, the CITY shall solicit for competitive bids and award a contract to construct the Project as follows: 1. Force Account. If the CITY undertakes the construction work by force account, the CITY agrees to conduct all work pursuant to Federal regulations 23 CFR 635.201 - 635.205. a. The CITY must obtain written approval from the DEPARTMENT before proceeding with any such force -account work. 2. Competitive Bid. If the CITY procures construction services by competitive bid: a. Bids shall be solicited in accordance with the plans and specifications approved by the DEPARTMENT. b. The CITY shall adhere to the Department's procurement policy and procedures for Federal -aid projects, unless otherwise approved in writing by the DEPARTMENT. City of Bangor — LOCAL PROJECT AGREEMENT Page 3 of 9 PIN 17321.00 Ir,) "55 c. 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. d. The CITY shall not award any such construction contract without the expressed written approval of the DEPARTMENT. e. Any construction contract shall specify that the Project be undertaken in compliance with the latest edition of the DEPARTMENT's Standard Specifications (December 2002) and other applicable special provisions. f. Upon award, the CITY shall arrange for a preconstruction meeting to coordinate the construction of the Project with the Project Manager, the Contractor, and all utilities and other parties directly involved in such construction. K. The CITY shall administer any construction contract and provide all of the necessary supervision, inspection and documentation required to ensure that the Project is completed satisfactorily in accordance with the plans, specifications and provisions of such contract. 1. The CITY's Project Coordinator or his/her qualified designee shall be in responsible charge of the Project, at all times. 2. The CITY shall use procedures acceptable to the DEPARTMENT to document accurately and consistently the quantity and quality of all work done under this AGREEMENT. a. The CITY shall provide the DEPARTMENT with weekly construction progress reports. b. All documentation, including all source documents used as the basis of payment for such work, shall become part of the Project record and retained as hereinafter provided under ARTICLE IV, Paragraph A. 3. The CITY shall provide for all testing required for the Project. 4. Traffic throughout all work areas of the Project shall be controlled in accordance with the provisions of Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), as published by the FHWA. 5. Upon completion of the Project, the CITY shall provide compliance certification that the Project was constructed, quantities were measured and documented, and materials were tested in accordance with the plans, specifications and provisions of the construction contract, and in accordance with policies and procedures approved by the DEPARTMENT. L. The DEPARTMENT may inspect construction activities and all associated documentation at any time during the construction period and may test any of the materials used therein to ensure compliance with the provisions and specifications of the construction contract. The DEPARTMENT may reject any work or materials not in such compliance. Upon completion of the construction, the DEPARTMENT will inspect the Project to determine the acceptability thereof before paying any final claim for reimbursement of Project costs as provided under ARTICLE III, Paragraph C.2. M. Upon completion of construction, the CITY shall provide the DEPARTMENT with a set of reproducible as -built plans of the Project on Mylar or equivalent archival quality material acceptable to the DEPARTMENT suitable for permanent filing. N. The CITY shall not change the scope or objectives of the Project — or any of the costs thereof — other than provided in this Agreement without the written approval of the DEPARTMENT and the MPO. City of Bangor — LOCAL PROJECT AGREEMENT Page 4 of 9 PIN 17321.00 1. An approved change or extra work order shall be required to increase the cost of the Project whenever expenditures are expected to exceed any approved single cost category or budget line -item amount by more than ten percent (101/6) or whenever the total of all participating Project costs, as defined under Article III, Paragraph A, is expected to exceed the sum of Three Hundred Fifty -Four Thousand One Hundred Fifty -Eight Dollars ($354,158). In no event shall the total of all such participating Project costs exceed the sum of Three Hundred Fifty -Four Thousand One Hundred Fifty -Eight Dollars ($354,158) without the expressed written approval of the DEPARTMENT and the MPO. 2. An approved change or extra -work order shall also be required to revise, modify or change the scope or objectives of the Project or any cost-sharing or reimbursement provisions set forth herein; to extend or shorten the period of this Agreement; or to change any of the other terms set forth herein. O. The CITY shall ensure that all work undertaken by the CITY or its consultants under this AGREEMENT conforms to all applicable Federal, State and local laws. In part, Federal laws and regulations covering such work are set forth under Title 23 in the United States Code (USC) for applicable statutory law and Title 23, Code of Federal Regulations (CFR) for applicable administrative law. General requirements relative to federally funded activities are also contained under 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government. Federal eligibility requirements are set forth and described in the Executive Order of the President of the United States' Office of Management and Budget (OMB) Circular A-87, "Cost Principles for State and Local Governments." ARTICLE 111. COST SHARING & REIMBURSEMENT PROCEDURES A. A portion of the cost to undertake the Project shall be provided by the MPO — using Federal and State funds allocated to it by the DEPARTMENT — at the rate of ninety percent (90°k) of all such costs deemed eligible for Federal participation in accordance with applicable Federal laws and regulations referenced under ARTICLE II, Paragraph O. For the purposes of this Agreement, the Federal share of eligible costs is approximately Two Hundred Elghty-Three Thousand Three Hundred Twenty -Six Dollars ($283,326, or 80% of $354,158), the State share of eligible costs is approximately Thirty -Five Thousand Four Hundred Sixteen Dollars ($35,416, or 100k of $354,158) and the CITY's share of eligible costs is approximately Thirty -Five Thousand Four Hundred Sixteen Dollars ($35,416, or 10% of $354,158.) B. The CITY shall be responsible for the non-Federal/State (matching) share of all federally eligible Project costs, including those incurred by the DEPARTMENT for the Project. The CITY also shall be responsible for all Project costs deemed ineligible for Federal funding — as previously provided under ARTICLE II, Paragraph B.2 and as provided under Paragraph C.4. of this ARTICLE — unless otherwise agreed to in writing as provided under ARTICLE II, Paragraph N.2. C. The DEPARTMENT shall reimburse the CITY for the Federal share of all eligible Project costs described above under Paragraph A, as follows: 1. The CITY shall bill the DEPARTMENT no less than monthly for all claims for allowable costs incurred under the provisions of this AGREEMENT. Costs are incurred whenever work 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 detail as in the approved Project budget. Each claim shall include an accumulative total for all costs incurred by cost category or budget line item. Each claim shall also include a certification from the Project Coordinator that all amounts claimed are correct, due and not claimed previously, and that all work for which the CITY is claiming reimbursement was performed in accordance with the terms of this AGREEMENT or any specific contract applicable thereto approved by the DEPARTMENT. City of Bangor — LOCAL PROJECT AGREEMENT Page 5 of 9 PIN 17321.00 I n 'A 5 5 - 2. If less than One Thousand Dollars ($1,000.00) in reimbursable costs is incurred in any regularly scheduled billing period of at least one month, the CITY may defer any such claim until the next regularly scheduled billing period in which at least One Thousand Dollars ($1,000.00) in reimbursable costs has been incurred or until the final claim is submitted for reimbursement. Payment of such a final claim may be subject to a final inspection of the Project by the DEPARTMENT, as previously provided under ARTICLE 11, Paragraph L. 3. The DEPARTMENT shall deduct the City's entire share of such costs as described under Paragraph B of this ARTICLE before making any reimbursement. The CITY shall show such share on all bills so submitted. 4. If the CITY withdraws from the Project, suspends or delays work on the Project, or takes any other action (including acts of commission or omission) that results in a loss of eligibility for Federal reimbursement — and such action was taken without the concurrence of the DEPARTMENT — the CITY shall be responsible for the entire Federal share of any such costs and, if necessary, shall refund to the DEPARTMENT all of the Federal share of any reimbursements received that subsequently become ineligible for Federal participation. The DEPARTMENT shall have the additional remedy of withholding any funds that may become due to the CITY on account of this Project. ARTICLE IV RECORD RETENTION ACCESS REQUIREMENTS & AUDIT A. The CITY shall maintain all Project records for at least five (5) years from the date of the DEPARTMENT's acceptance of the CITY's last or final submission of claim for reimbursement for Project costs in accordance with the provisions of 49 CFR 18.42(b), except as otherwise provided below: 1. If any litigation, claim, negotiation, audit or other action involving such records begins before the end of said five (5) year period — and such action continues beyond the five (5) year period — then Project records shall be retained until any such issues are resolved. 2. The CITY shall assure that, in accordance with 49 CFR 18.42(b), the DEPARTMENT, the FHWA and, if necessary, the Comptroller General of the United States, or their authorized representatives, shall have full access at reasonable times to all Project records in order 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 Office of Management and Budget (OMB) Circular A-133. ARTICLE V GENERAL PROVISIONS A. In performing the work under this AGREEMENT, the CITY, its employees, agents, representatives or consultants shall act in an independent capacity and not as officers, employees or agents of the DEPARTMENT. B. Any amount paid out by the DEPARTMENT arising from any errors, omissions or failures on the part of the CITY to meet professional standards of construction engineering and inspection shall be recovered from the CITY either by reductions in any reimbursements due to the CITY under the terms of this AGREEMENT or by any other legal means. The DEPARTMENT shall promptly notify the CITY if any potential claim arises under the provisions of this ARTICLE. The CITY shall be afforded full opportunity for a defense against any such claim. If it is subsequently determined that any such reduction in any reimbursement due the CITY by the DEPARTMENT was either arbitrary, capricious or fraudulent, then any amount so reduced shall be promptly paid. C. The CITY shall indemnify and hold harmless the DEPARTMENT and its officers, agents and employees from all claims, suits or liabilities arising from any negligent or wrongful act, error or omission by the CITY or its consultants or contractors. City of Bangor — LOCAL PROJECT AGREEMENT Page 6 of 9 PIN 17321.00 110 '155 1. Nothing herein shall nor is intended to waive any defense immunity or limitation of liability that may be available to the CITY or the DEPARTMENT, their officers, agents or employees, under the Maine Tort Claims Act pursuant to the provisions of 14 M.R.S. Section 8101 et seq. or any other privileges or immunities as may be provided by law. This provision shall survive any termination or expiration of this Agreement D. The parties hereto agree that, where applicable, any information pertaining to right-of-way matters and all information pertaining to any detailed cost estimates shall be kept confidential pursuant to the provisions of 23 M.R.S.A., § 63. E. The CITY agrees to comply with applicable equal employment opportunity requirements as follows: 1. The CITY shall not discriminate against any employee or applicant for employment relating specifically to any work undertaken pursuant to this AGREEMENT because of race, color, religious creed, sex, national origin, ancestry, age or physical handicap unless related to a bona fide occupational qualification. The CITY shall take affirmative action to ensure that all such applicants are employed and all such employees are treated without regard to their race, color, religious creed, sex, national origin, ancestry, age or physical handicap during any period of employment under this Agreement. Such action shall include, but not necessarily be limited to: employment, upgrading, demotions, transfers, recruitment, layoffs or terminations, rates of pay or other forms of compensation and selection for all forms of training and apprenticeships. The CITY shall post, or cause to be posted, in a prominent manner in conspicuous places readily available to all employees and applicants for such employment hereunder, notices setting forth the provisions of this paragraph. 2. In all solicitations or advertising for employees placed by or on behalf of the CITY relating specifically to any work undertaken pursuant to this Agreement, the CITY shall state that all qualified applicants shall receive consideration for employment without regard to race, color, religious creed, sex, national origin, ancestry, age or physical handicap. 3. The CITY shall send to each labor union or representative of any of its employees covered by a collective bargaining agreement or any other contract or understanding under which any labor, work or services are to be furnished towards the Project under terms of this Agreement, a notice advising all such labor unions or representatives of employees of the CITY's commitment under this ARTICLE and shall post copies of such notice prominently in conspicuous places readily available to all such employees and applicants for employment. 4. The CITY shall cause all of the foregoing equal employment opportunity provisions under this ARTICLE to be included in any contract for services or work undertaken pursuant to this AGREEMENT so that such provisions shall be binding upon each consultant, except that the foregoing provisions shall not apply to any contract for the purchase of or the supply of standard commercial supplies or raw materials. To the maximum extent feasible, the CITY or any of its consultants shall list all suitable employment openings with the Maine Job Service. This provision shall not apply to employment openings which the CITY or any of its consultants propose to fill from within their own organization. The listing of such openings with the Maine Job Service shall involve only the normal obligations which pertain thereto. F. The CITY shall require any and all consultants performing any of the services or work undertaken pursuant to this AGREEMENT to be insured in accordance with the provisions set forth under Section 110.3 of the DEPARTMENT's Standard Specifications, December 2002 (Division 100 — General Conditions). G. All plans, reports, notes, papers or other tangible work produced by or on behalf of the CITY under the terms of this AGREEMENT are the property of the DEPARTMENT and shall be turned over 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 Project costs. City of Bangor — LOCAL PROJECT AGREEMENT Page 7 of 9 PIN 17321.00 r,r; H. The CITY shall not sublet, sell, transfer, assign or otherwise dispose of this Agreement or any portion thereof or any right, title or interest therein without the expressed written consent of the DEPARTMENT. No contract, agreement or transfer of this AGREEMENT shall in any case release or relieve the CITY from any liability under this AGREEMENT. I. This AGREEMENT contains the entire 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 hereto which is not expressly contained herein. J. The DEPARTMENT may postpone, suspend, 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 contract. If the reason for termination is other than for failure by the CITY, the DEPARTMENT shall give the CITY a written thirty (30) day notice of termination. Postponement, suspension, abandonment or termination may be taken for any reason by the DEPARTMENT or specifically as the result of any failure by the CITY or any consultant there under to perform any of the services required under this 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 foregoing reasons, the CITY or any consultant there under shall immediately cease all work or services subject to such termination, except any work required to protect the public health and safety, and turn over to the DEPARTMENT within thirty (30) days following the effective date of such termination, all PROJECT records and documentation pursuant to this AGREEMENT. Upon receipt of such records and documentation, the DEPARTMENT shall reimburse or arrange a settlement with the CITY in one of the following manners: 1. If the postponement, suspension, abandonment or termination is for any reason other than that set forth under subparagraph 2. below, the CITY shall be reimbursed for all work or services accomplished up until the effective date of such termination and pursuant to hereinbefore ARTICLE III, Paragraph A. 2. If the postponement, suspension, abandonment or termination is the result of any failure by the CITY or any consultant there 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 to payment for acceptable work or service accomplished until the effective date of such termination and pursuant to hereinbefore ARTICLE III, Paragraph A. K. The DEPARTMENT may terminate this AGREEMENT and withdraw Federal program funds if, after eighteen (18) months from the execution of this AGREEMENT, the CITY has not demonstrated substantial progress in developing the Project. Such termination shall not prohibit the CITY from resubmitting the Project for future funding consideration. ARTICLE VI. TERMS OF AGREEMENT A. All provisions set forth under ARTICLES II and III — except for ARTICLE II, Paragraphs 1.5 and 1.6 — shall expire upon satisfactory completion of the terms set forth herein or four (4) years from the date hereof, whichever occurs first, unless otherwise terminated sooner or extended later in writing as hereinbefore provided under ARTICLE II, Paragraph N.2. B. All provisions set forth under ARTICLES IV and V — except ARTICLE V, Paragraphs C and D — shall expire upon satisfactory completion of the terms set forth under ARTICLE IV, unless terminated sooner or extended later in writing as hereinbefore provided under ARTICLE II, Paragraph N.2. C. The indemnification provision set forth under ARTICLE V, Paragraph C, shall remain in full force and effect indefinitely or until specifically terminated, modified or amended in writing by the parties hereto or negated by operation of law. City of Bangor — LOCAL PROJECT AGREEMENT Page 8 of 9 PIN 17321.00 10 :255 ARTICLE VII. APPROVAL A. By signing this AGREEMENT, the CITY certifies to the best of its knowledge that it and its principals: 1. Are not now debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within the previous 3 -year period been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not now indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and 4. Have not within a 3 -year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default. B. If the CITY is unable to certify to any of the statements in this certification, the CITY shall attach an explanation to this AGREEMENT. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT effective on the day and date last signed. CITY OF BANGOR By: Robert Farrar, Interim City Manager Date: STATE OF MAINE DEPARTMENT OF TRANSPORTATION By: Joyce Noel Taylor, Director, Bureau of Project Development Date: City of Bangor — LOCAL PROJECT AGREEMENT Page 9 of 9 PIN 17321.00