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Home My WebLink About2008-04-28 08-160 ORDERItem Mo, A 16O Dale: April a, 2008 Item/SubjecIn Order, Authorizing the City Manager to E eartea Federal Funding Project Agreementwith the Maine Department ofTransportatlon - Earmark Route IA, PIN #01511].00 -Cedar, Main, and Summer Streets. Responsible Deparb a: Engineering The attachetl Orderwill authorize a Federal Funding Project Agreement forihe Earmarked Route IA project, PIN #015117.00, heimmen the City and the Maine Department of Transportation. The project indudes designing, developing, and constuding Intersection improvementsand the nealignmentof Main, Cedar, and Summer Street. Project cost is $1,085,000.00 with the City's share being IM at $108,500.00. A Copy of the Agreement is attached. V Department Head Recommend approval. The Ceundl has taken a number of other actions in support of this project in the past. City Manager Associated Information Budge Approval Finance Director City Solicitor X Passage _ Flni Reading Page _ o1`_ Rafarral Assigned to ComCllor atone r CITY OF BANGOR April 28, 20Q8 (TTfLE.) Order, Authorizing the City Manager to Execute a Federal Funding Project Agreement with the Maine Department of Transportation - Earmark Route 1k PIN #015117.00 - Cedar, Main, and Summer Streets. By tyre City CounoV of the Gty ofBangor. THAT the City Manager is hereby authorized and directed to execute an agreement with the Maine Department of Transportation for an Earmarked Federal Funding Project, Route IN PIN # 015117,00, for the construction and realignment of Main, Cedar, and Summer Sheets. A ropy of the Agreement is attached. IA cin wMCIL April 28,2008 Motion ade a" Seceoded for Passage ea f E2 afleg i # 08-160 ORDER (Pm11 a,.ebn:Tau L hiv Meu=.er to i Exec a Federal 1=1ut k f ltaaeportwtioa - Earmark Route IA, PIM at FEDERAL FUNDING PROJECT AGREEMENT between me City of Bangor and me State of Maine, Department of Tansporlation Federal Project Number STP -1511(7001 State PIN (015117.00) This AGREEMENT is made this _ day 0f 2008, by and between the Department of Transportation, an agency of the Slate of Manna, having is principal once in Augusta, County d Kennebec, State of Maine Mareinater cut led the DEPARTMENT), and the City a Bangor, a rwnil comot sed and body p0111k, having its principal offers in int City of Bangor, County of Penobscot, Slate of Mei ne (harelnafler called Me Cli WITNESSETH WHEREAS, des Funded described herein was selegetl by the DEPARTMENT for inclusion in its 2008-2009 Biennial Tmnspodatim Improvement Program for WWI funding; ant, WHEREAS, this AGREEMENT sale cul Ne terns and wntlfions of the DEPARTMENTS Federal High Prtx'Ry Project (HER) funding to Ne CITY, NOW, THEREFORE, in considera0on of Ne foregoing, Ne parties hetero agree 85 mode: ARTICLE I. DEFINITIONS Man used will In tMS AGREEMENT, the Terms listetl below shall have Me fol meaning: Preset The work to design, develop and construct intersected recoeeWcllon and realignment of Main, Cedar and Summer Streets in the City of Bangor toed pa armed by or fp Me Chi add accepled by Me DEPARTMENT, as attended from time to Mna (hart m%r called the PROJECT): The DEPARTMENT will panlcipete in Me fund Ing of the PROJECT, at the cast shelf NOW described in ARTICLE III. A, up M a magnum of One Million and EgMy, Five TMumM Collins ($1,085,000) In federally eligible prgect costs as described! In ARTICLE II Section N and ARTICLE III.. Prdect Com 1 ms WrThe persm designated bythe CITY to mwdlnale aod manage all mcdo respmeibirt'es regarding the PROJECT. This individual also varves as the municipal llelson with lute DEPARTMENT. Emil Neonatal The person designated Who DEPARTMENT to woNinahe and manage all State res oredhlries regarding the PROJECT. This indsclual also serves as Me Sate liaison With the Cri ARTICLE II. PROJECT DEVELOPMENT A. The CITY shell submit an acceptable line ism budget containing an iterrobal deel'rmated PROJECT costs W Me DEPARTMENT for approval. 1. Once such a budget is approved by the DEPARTMENT, aspeodiaras may not exceed any single cost category or budget line inch amount by more than ten percent (10%) without the DEPARTMENT' a approval Inalefif BAtSM-I-1 pull AR£EMDJT EemM-PoNn IA -M (h511700) 2. Inwe ntshallthetotalofaYPROJECTeap dMreser Idab lamountauMo dfor the PROJECT ae hereinafter provided in Sachigh N of Mis ARTICLE II. B. The CRY shall mh pedttm or authorize any services or xrod under this AGREEMENT eiNiwR first Most the evpress approval b tlo so in wrtmo hen the DEPARTMENT. 1. Such ammoal shall be content upon Me DEPARTMENT receiving aNhomafion from Ma Federal Highway Adminls"Don (hent r after collect the FNWA) for Federal paNdpla on in the PROJECT was. The DEPARTMENT shall nor unreasonably wMhold such approval. 2. All coats incurretl by Me CIN padc M nceiving such npprovellrorn the DEPARTMENT shallbamall idle fofFMen/Iwficlpeflon and, Merefofe, mtmimburaebN by the DEPARTMENT under the provisions of ARTICLE III. Any such braliglble costs may not be dr�ie DeE b she Cl s mahhiug share responNbilRMa forte nomFedera/portion o/ PROJECT cosm. C. The CRY shall dmelop and prepare all of Me necessary design plans, specifications, es5mates and contract documents for the PROJECT, as directed by Me DEPARTMENT, in acwrtlance Will Me DEPARTMENT'S standards and procedures for pmcuring com udan conlacb for Fchera"id pgectr. The CITY shall submit all such plans, speciNeflis s, esgmetes and contract documents to Me DEPARTMENT for mview and approval phorfo producing arty such whatnot. 1. At design shall conform to the applicable Standards of Me MDOT Standard Specifications (December 2002) and MDOT StaMeN Deane (December 2002). 2. All pians and Specification shall adhere M the DEPARTMENPs Nim acmmmocabon policy as set forth in its "Policy, On Above Gmarld UMrty Locatan5'. 3. The CITY shall cartoon and prepare all dowmeMation reading b ulllltles, be responsidlefw coordinating all maNere relating to utilities, and submit all necessary doamentabon to the DEPARTMENT prior to requesting auftr¢atm N sailer wmpatNve bums. D. The CITY may comment (or engineering and design services, as necessary, to develop. Medlin or contact Me PROJECT, provided 1. The selection and retention of any Indwi]WI or firm to Provide or human an any engineering or design reMtum services far To PROJECT shall be based upon qualifrcatbns M sowrdence with the DEPARTMENT'S consultant selection and retentm proxtlures. 2. No contract for such SWARMS "it the awmded wmcut Me eryxess Will approval of the DEPARTMENT Wrsuant to the provisions set forth under Pan 172 of Title 23 in The Urged Dallas Cose of Federal Regulations (OFR), specf ally those provisions set path under Sedan 172.5(0). a. The CITY shall specifically montes all mark performed under any such centrad pursuant ToMe provisions of 23 CFR 172.13. b. The DEPARTMENT may accept or reject any wank par(mnaJ or Itmrured order arty such conhad pursuant to the provisions of 23 CFR 172.5(M). E. The CRY shall develop and prware all enNmnmenbl 9Wia5 and before for the PROJECT. All SUK11 Studies and repSM1 shall be submMed to Was DEPARTMENT for mview. F. The DEPARTMENT shall l'vaPare and Submit to gra FNWA, fttwnwnence, al embcrmatal documentation required for Me PROJECT Sumer the provisions of ton-Ndfianal EnMonmental Policy Act (NEPA). Pogo 2of s BnN6CR-L -kxte lA-M (PEFMENT [nmw'k-kwin M-PIIJ (o151V.W) G. The CITY sM1ell obtain el appmvals, pennlla and licenses required W construct Me PROJECT, H. The CITY shell provide far public mttcipalbn in Me development aMe PROJECT. I. TM1a use mall pudic land] underthe bwnembipbrmntrol 0f Me partes hereto shell be made availablehr all purposes necessary or Inadental W Me PROJECT werbut any cost to Me PROJECT. 1. The DEPARTMENT shell retain all ngM. Me and lmerne[Mat t presently holds In and 0 anyof Me property used] for the PROJECT. 2. Any munitlpal property that is used for Me PROJECT shall be dedicated for A Mib "as, M perpetuity, by Me CITY. a. Such dadicaton shall Include a suitable remembered boundwy and ad angineermg description sufficient W locate and define such land SAM ties to reproduced Annual line. b. The CRY shall Wm'anl to Me DEPARTMENT a baby of Such dedicaton, Will dascnpton, prior to doing authorized W solldt bids far construction of the PROJECT 3. The DEPARTMENT shall acquire and famish any addluwl rightNureY necescerytoconstrud and maintain the PROJECT. All costs incurred] by Me DEPARTMENT far the Meant shall be inauded in Me total project cat 4. The CITY shall fumish to the DEPARTMENT a dghtof-way map or similar plan prepared] in accordance with the DEPARTMENT'S spedlimom delabin) all rgd-M-way donated to or de mtru toMe PROJECT. 5. The CITY shall develop and Implement a maintenance plan acceptable to the DEPARTMENT wM1kh assures an appropriate Wel of maintenance rewassryb marman Me Impmvemenla constructed under the PROJECT in order W preserve the use and fure.Lan Meneof as InteWW by Me PROJECT and this AGREEMENT. J. tlpon written approval d the DEPARTMENT,the C" Mail saliclt far AnmpeMive bids and awamia contract cmpti Me PROJECT as folldedc If by Ybme eaounr: The CITY agrees to conduct all worif pursuant to Me provisions 0 23 CFR 836,201-835.20.5. If by competitive bids: 1. Cbmpmrve bids shall be solicited tocrostmd the PROJECT in accordance with Me plane and slawerstbns approved] by the DEPARTMENT. 2. Such Salami and all procedures obtaining W the prmuremed of$act a centrad shall be In acoxdance with the DEPARTMENTs procurement potty antl pme]uris far FedeRlaM pmjads, unless othernlse approved in wiffinaby Me DEPARTMENT. 3. BM Me CIW and Me DEPARTMENT shall Yave Me Will to accept or rated any and all bids rearved as a result dsuch Solicttion. 4. Tire Ch'f shat net Swami any such control wilbout Me express writ) aosm!of the DEPARTMENT. Pq, 3of9 SAMOA- LOVA- NWSER A&AEMENT E¢marS - b"IA - V (015117 W) 5. Any construc0on contract shall specify Mat Me PROJECT be constructed in cwngiance with Me West added ofMe DEPARTMENT's "Stabled Specillemi (December 20027 and Met applicable special prormiwa. 6. Upon award. erre Cill shall arrange fix prabnsllucAon meeting M roommate the construction of Me PROJECT win the Project Manager, the Cmtregoc and any and all utilities anti other pointed directly Involved in such constructor. N. The Cm Mall administer any commended contract ate provide ao of Ma necessary supeniJm. Inspection and MathmaMal required b nature Met he PROJECT is completed satisfactorily in aWOMance wind Me plans, spetlflu4ms area provlabnss d such correct. 1, The CITY'S Project Co Marator or Miami qualifiod designee Rod be in responsible charge of Me PROJECT, at all limos. 2. TM CT'shall use procedures exaptable to Me DEPARTMENT to document Me quantity and quality Mall wgdx performed under MIS AGREEMENT in an accurate anti consistent manner. The city shell s amt cons Moon progress reports tithe comment weekly. All docomentaticn, Including all source documents used as Me basis of payment for such wed, shall become pad d and shall be kelt MM tie PROJECT record and retread ms m sical pmnded under ARTICLE IV, Paragraph A. 3, The CRY shall. bwde ion all testing required be the PROJECT. q, Traffic throughout all weak areas ofthe PROJECT "I be controlled! In accm ence with Me provisions M Pad VI 0 the Wanual on UnllOrm Traffic Comm! Detyc'es hr Streets add Highways' (MUTCAJ, as publslretl by Me FNWA. 5. Any vixk Incident fore axnuM procedures shall require Me Wress emblem approval Of Me DEPARTMENT pdw O w da rg. 6. Upon completion d Me PROJECT, Me CITY shell needs compliance cedficakin that the PROJECT was mrstruded, quan4Ues were measured and documental and malerels were taped I in martian with Me plain, specifications and pmvie ns of the constructed contract, and In accordance with Me collcbs and IirORWJres apgcved by the DEPARTMENT. L. The DEPARTMENT may Insced crosMxgon aN iffies ate all dOwmmlabon pertaining thereto at any time during Me permit of rummaged ate may test any MMe matedab used Merin to ensure compliance ash the pmWal and speaficali0re Mthe construction covered. The DEPARTMENT may reject any %ai or depends not in such resistance. Upon completed of Me communist, they, DEPARTMENT Wil inspect Me PROJECT W delemnne Me acre firtil4 Mereaf pew to paying any Mat dam be relmbursemand M PROJECT cods re hereir alter provided under ARTICLE 111, Paragraph C 2, M. Upon cdnpldlm of construction, has C" shall pri the DEPARTMENT with a set M reproducible asdWlf Loans 0f Me PROJECT on Mylar w addressed ambled quality malum acrepMbte to the DEPARTMENT waddle for pem mein filing. N. The CITYshallmakenochergesinllm scope orobjedivesdMe PROJECT, orate dlbe toad tberedothar Man as hereinafter Provided wri the express written approval of Me DEPARTMENT. 1. An approved dungs w extra wink order shill W required to Increase the cost W Me PROJECT whenever expenditures are expected to exceed any approval single cod category or budge line Item amwM by more Man ten parent (10ior whereat Me Mtal Of all padldpding PROJECT cods, as M1ttenafler dePobd under ARTICLE III, Paragraph A,'a expaded to exceed IN sum of Date Million and Eighty Five Thousand Dollars (S'1.NkND). In m event sM1ell Metdal0f all Such hee0 of 9 MMOL R - LOCAL MPIECT AGFENENT Eli -Rw21A-M(01512W) 08 160 participating PROJECT coals added Me sum of One Million and EI9MY Five Tbeusand Dollars j$1.OSE.000), vd0nm Me express wntlen approval of the DEPARTMENT. 2, Mappmvedchange IXextramg mtler5allalsobereguindt0revise,modifyorchange Me scope or objectives of Me PROJECT a any cost sharing or reimbursement provisions an farm herevi, to extend or shorten the pentad of this AGREEMENT or to change any of ills other terms set rodh heren. O. The Cin shall assure Man all work undertaken "a Cm or any of is consultants pulauantto this AGREEMENT comment to ep applicable Fa]aaL State and local Mus. In pd. Federal laws and regulati:ms covered som vroM are sat farm under Title 23 in Me United SYatee Code NEC) for applicable dehubry law and 23 CFR for applicable administrative law. Gererel administrative requirements relative to Federally funded acAvides are also extended under 49 CFR, Pad 18 entitled. "Umbnn Admi ervern ve Requ'rements Air Creole and Coormom Agreements to State and Local Govermmems'. Aliumblliy for participating costs Is set fmlh and described In the Executive OMM of the President of Mat United Stores' OR M Management and Budget[OMB} Cummar Abl orifice, 'Cost Principles for Slam and Local Govemmefos'. ARTICLE III, COST SNARING B REIMBURSEMENT PROCEDURES A. A portion of Me mal b conduct Me PROJECT shall be pmvidad by Me DEPARTMENT using Sem and Federal funds Ara [able To it through the FHWA at approximate me of ninety percanl(i of all PROJECT costa M arced eligible fix Federal paNdisdon in accordance wM all appl'Icable Federal laws and regulations as hir&nbefore reference] under ARTICLE II, Paragraph O. FortbepuryaseSNMia AGREEMENT, the Federal and Ststa sbere of all ellgidemsts is approximately Nine Hundred Seventy Six Thermal and! Five hundred dollars $9)6,500 m90% of $1,085,000) and Me OW-sa he of At eligible costs is approximately One Hundred EMM Thousand and Five Hundred tldlere ($108.500 a 10% of $1051000). e. The CRY shall be responsible fer all of the non-FA8MVSMb or math iag share M all padicPetirg PROJECT costs including all coons Inmurfed by the DEPARTMENT forme PROJECT. The CRY shall also beresponsiblef AIMWEU=MdmmdinergibtstorFmlo6ciptim,indudingMMOag hereinbefore provided under ARTICLE II, Paragraph B.2 and as herelr aMr provided under Paragraph C 4., unlena otherwise agreed to in violin as hereinbefore provided under ARTICLE II, Paragraph K2, G The DEPARTMENT shall NAMACM Me CRY her all the Fuderal share of all partopeling PROJECT costs hereinbebre described! under Paragraph A, as tdlava: 1. The CITY shall bill the DEPARTMENT no less Man monthly ler all claims for Ml stumble Nrect arm actual PROJECT msls intoned Lnder Me provisions of MIs AGREEMENT. Cosle are ironed wheneverwork a performed. immix ix antl serWms are recomed Are cash disbursement is made. At claim ler such coats shall M submitted on the CITY; Mlllned or invoice and be iMmlmd in at least the same deail as itemized in Me approved PROJECT budget Each claim to submitted shall Include an accumulative tool fon all costs incurred by coal category or budget line item. Each claim shall also Include a confusion horn the Reject Couldinabr that all amounts sodaimed for reimbursement are coned, due and net ddmed previously and Mal all comm for which such rdmbursemerd Is being daimed was performed in accordance with the henna of Mis AGREEMENT m any specific contract applicable thereto appwetl by the DEPARTMENT under My temp of this AGREEMENT. 2. In the event Mat less than One Thousand Dollars ($1,000.00) In such reimbursable costs are incurredny in aone month period or ch regularly seduled billing pd eriod mat leaone month duration, MeCITir shall under any won claim therefore until Me next monk or regularly scheduled tilling pored in whgh M least One Thousand Cellars ($1,000.00} In such reinbursable cents have been my, 5 of 9 &SNGOP-LOLµ 1A- (0151100) Eaauh - score t/ - PIry (ot5n).MI IR 160 inceneJ or until Me lost or final claim is submMeU for reimbureement. Payment M any then may be subject to 9 final Inspecton ante PROJECT by the DEPARTMENT to tletertnine Me accepted 14 Hereof as harctnbefore pmriUed under ARTICLE II, Pascal L. 3, The DEPARTMENT shall Mouth all MMe C11i dome M such cuts as herelnbefore described under Paregrach D dibble ARTICLE priarto mending any manoursement. the CITY snum show su b share an all Mlls so submitted. 4. In MaeventthMMe CRYwilhdr from the PROJECT, suapentls Ordeaysthewonton Me PROJECT or lakes mnro other argon, including any adds of commission or conviction. without w of the DEPARTMENT which results in Me Imus of Federal participation in any of but rpmWrsaMe coats as prwidai herein, the CITY shall be remindful for all the Fail shand a such mats and, R necessary, shall call W Me DEPARTMENT a 0Me Federal share of any reimbursenants radium shirk submquently become ineligible for Federal parficipalkn. The DEPARTMENT shall have Me additional remedy ofwgM1hdding any funs Met may mamma due to the CITY on account of This PROJECT. ARTICLE RECQRP REIIIIII1101N.EBS REQUIMMENUAAUDIT A. The CITY sbell maMMin all PROJECT recorrs feu et leas) a pendd of five (E) yearm ham 1M1e club of Ne DEPMTMENT'sacceptanceof Me CI slestor KralsubmissionaclaimfpreimWrsemmdkr PROJECT coats in occurrence with the provisions of 49 CFR 1842(b), except as aMerwlae Provided below: 1. In Me event that any lMigation, cMlm, negNiafiOn, aWltw other adon Involving such reduce has begun pnr M Me exphoundo W a h patio, Men all records Met be reteinetl unAl all action and resolution of all issues arising Mem from are complete it such action Mresolution outcome thei Me three"ar period hereinbefore described. 2. 7M1e CITY shall assure Met, in toroidal with the provisions of 49 CFR 18.42(b), the DEPARTMENT, The Federal Highway Administration, and. IT necessary. this Comptroller General a the United Slates, Or any of Meir authomed represendetwes. shell M1ave NII access el any reasonable and; N all records of the PRDMECT for all puryosea necessary fo make au me ecumenical excerpts w manuscripts. B. The CITY shall assure that all applicable audit requirements are mrd in accordance with Me provisions of 0MB Cirmlw 1133. MTICIPV GENERAL PROVISIONS A The CITY. Its agenls,representatves or dnsulmnb small, in Me pwfamand of the shark under this AGREEMENT, ad in an'ndemndent cfifiri hon this DEPARTMENT, and not as oMwrs, employees a agents thered.. B. Any amount paid CN by Me DEPARTMENT among oN of or from any mars, wResima or fallures an the pan aMe CITY to meal professional shamans of combustion engineering and inspection shag ba unconverted from Me Cm by ran where In any reimWrsementa due said C11Y under the henna of Mis AGREEMENT or by any other legal needs. The DEPARTMENT shall pmmpdy noRy Me CITY ITany poanal claim arises under Me provisions Of MIs ARTICLE. The CITY shall be eRONn NII OWWWRy fa a defense against any such claim. If it is subsequently determined Mat any such reduction in any eimbureement cue Me CRY by Me DEPARTMENT used, ether aMNary, capnkus of frandulant, Men any amount so redumtl small be promptly real 9ate6M9 SAIGIXt- LOCIL PROJECT aEatfial T Eomi - Poole LA - PIN (01510.00) C. The CITY shall indemnify and hold harmless Me DEPARTMENT and its officers, agents and arnployeas Man any and an deims, suits or llabiliges aevery kind or in"aching out of or from any negligent or mor Intended Wrorominy andfyse ClTYaenyaibmns imllwichmyb NOMkg Wreln CRY is InaMed W waive any defense immunHy or loysel'un a clayey which may be as Art e W me CITY or IM DEPART MENT..iecteri 101 atserr em ployeeeuMerge Moire Toll Claims Ad be provided Me provleassofi4 Mn shalatelyany asap. n or oyertion 0 Mi orwomenas may be provitlM by law. This provision shall alwive any Wrminagon w expiration antis Agreement D. The partial herein agree Mad. where applicable, any information pertaining to right -a -way matters and all infonnalgn paNinilM W any detailed cies( eetimBae shall be kept confidential pursuant M Me proveons of 23 Ni §03. E. The CITY agrees M wmply with ell applicable eased em wean oamrlmnN requirements as Milose: 1, Curing the performance a any avers undertaken pursuant to This AGREEMENT, Me CRY shall net discommode against arty employee orapoicant forempbymem relating sperm lly Many xmk untie tine AGREEMENT because a race,calor, slums creed, sex, national origin, memory, age or physical handicap unless rated W a taws Me Cccup sand qualHkation. The CITY shall Wks aMrmative action W ensure Mat all suU applicants are employed and al seen employees are boated wghwt regale W Mev race, Wor, religious creed, sax, national origin, ancestry, NO or physical handicap during any pered of employment under this AGREEMENT. Sunt action shell needs. but net namseaoly be limited M: employment, upgrading, dernsAms, bareWra. recmlfment, layoffs or terminations, rams of pay or Other Anne a Canvensation and seleNon be all forma ao-ammg and appremicamps. The CITY shall PM or casae W ba pureed, in a premirem manner in mnsp'xuous paces readily avallme to as employees and applicants for man employment hereunder, notisa setting forth Me prmmom of NO magraph. 2. In all Wialations or advertising for empmem placed by or on behalf of Me CITY reading wandeally W any wont undertaken pursuant W Mla AGREEMENT, Me CITY shall state Mat all qualified applicants shall receive conddaretion for employment wlthoa raged W rare, COX, religious seed. sex, national origin. ancmby, age w physical handicap. 3. The CRY ehel send to men labor union or representative a any of its employees covered by colleeive bargaining agreement Or any other contactor understanding uatlen which any labor, sons err services are W be Mortared towards Me PROJECT under Mena aha AGREEMENT, a entire advising all warn abs unions or representative, employees ofthe CR 's commitment under this ARTGtE and Mail pond copies ofsuch nature prominently W conspicuous pares remit' available W all such employees and applimas for employment. 4. The CRY shall cause all of Me foregoing equal employment oppaounido po islons under This ARTICLE W be Indused In am coMac1 for services or walk undertaken pursuant W this AGREEMENT in sWi a manner Met such provisions shall be binning upon each consultant except Mal gen foregoing provisions shall W apply to any seemed for the pasomme aoe Me supply a sanded commxcial supplies a raw materials. To the maximum Mdenl feasible, the CRY a any OF in; mnsulants shall list all suitable employment openings wIM gen Maine Job Service. This proNaion shall net apply W smpoyment Openings wM1lch the CITY or any alts persuadable propose he f from onMn rmal or�rvegm. the listing asucM1 OpeningawHM1 Me Mains Jcb Sarvico shell lrnroNe only Mea formal odigetionswhicM1 pxlaln MereW. F. The CITY sM1dl require any and all conwdants Performing any of the services or work undertaken pursuant W Mas AGREEMENT W the mewed In asxvdaruce with the provisions ail( font under Section 1103 of Me DEPARTMENT'S Standard Specafial'ron, December 2002 (DIVISIGN 100—GENERAL CONDITIMS). G. At here, mods, notes, papers Or Other tlngibb work prMuwtl by or on behalf OF Me CRY under the farms of this AGREEMENT shall bathe property ofMe DEPARTMENT and shell be turned over to the Po9e Jef 9 BANLOR-LOCAL PWJER AMEUEM Earmark - area If -PIN (0nsurer) DEPARTMENT upon request following mmplNiOn or howninaEon of the PROJECT. The CITY shall be allOwetl an interest Meeh commarsurete with its more 0 t PROJECT costs. H. The C" shall not sublM, suit, merger, storage oroMervnse dispose of Mls AGREEMENT ormy Argon Hereof or any right, lithe or interest therein wiMmt the express written consent of Me DEPARTMENT. No owners, ageamad Or formler of this AGREEMENT shall in anyone named Or relieve Me CITY from any habil Ry under this AGREEMENT. I. The AGREEMENT contains Me more agreement boubman Me parties hereto relative to all modem of the PROJECT and niter party shall be bound by any afaWmml, mnesponEenca, agreement or reeeaenfatim made devious hereto which is not remoter bound ned hemn. for nomination e termination Me cm r DEPARTMENT shall reimburse or t. If the postponement, remember. abandonment or Ruminator is M any reason other Man that Pit fMb under subparegteph 2., below, Me CITT shall be relmbrx0 for all work or services acmmphishetl up i ml the ellecM1ve date of aunt lamination and pureuant to thermilumse ARTICLE III, Paragraph A. 2. If the ponnfwnenNnt, suspension, abandonment or Wool nation is Me result Many failure by the CITY or any consubant More under to coact any unaafiafacbry Performance after remivim fifteen it 5) days when notice fmm the DEPARTMENT sarong With the Was Mauch tlbeellakctan. the CITY¢ relarnme ment shall be gorged to payment for acceptable work or sandim aOSmpll fled until Me effective data Msuar lamination and pursuant to Mreinbefare ARTICLE III, Paragraph A. K. The DEPARTMENT may perform Mis AGREEMENT and wilbtlrew Federal and Slde Program funds If, after eighteen (18) months Man Me executlon MMIS AGREEMENT, the CITY has not tlemorttrated suWamialpm morin Medev opmentof Me PROJECT. SrM rmimtimmallnolprohlbil Me C"t= resubmitting Me PROJECT M Mum funding consideretlm. A. Al of the provisions set frM under ARTICLES II and III, wind Me exception of ARTICLE II, Paragraphs 1.5 and 1.6. shall expire upon aslisferory compia'mn M the arms set fond herein or four (4) years form the data hereof, wNchever occurs first unless oMawise temtlnated smnrer Or awarded Inner in wring as hereinbefore prodded under ARTICLE II, Paragraph N2 B. All of the pmvlsions out fond under ARTICLES IV and V. exeepi ARTICLE V, Paragraphs C and D, shall expire upon emafactory mmplelun of the tamer ret form under ARTICLE IV, unless Wain red sooner or amended later in writing as hraXlbefote prodded under ARTICLE II, Parm mph N.2. Pogrsaf9 BAN6LR - LCC.LL @0 TE i7 AMEEMENT emmM-Iii IA-PM(c1511700) " ]RO C. The indemmgcafian provision sat forth under ARTICLE V, Paragraph C. shall remain in full force and eRed lndall iley or unfit specifically terminated, modified or amended In vmling by the pares hereto or negated by operation m law. AKICLE 01, APPROVAL This AGREEMENT hes been approved and signed In duldicnte originals by the patties belle and bemnes efledlve on the day and dale first above ended By signing this Agreement, Me Cry ccNfies b Me beat of its knowledge and bailer, that it and its pnrcipels: a. Are not presently deban d, suspended proposed for document, declared ins ligible, or voluntary excluded fmm covered MenisctiMs by any Faeral department or agency; b. Have not a 3year period preceding this agreement been conrded of or had a dvil judgment rendered again Sam for cwnmission of fraud or a criminal offense in connection will obti attempting to CMaln, or pedarmirg a public (patlerel, Slate W local) tramsastbn or contract under a public prosecutor. wolafion of Federal or Stare antitrust stages or commission of embezzlement, thM, fordery, lancers, falsification or desWulim of remade. making false Statements, or receiving stolen poysnY; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, Stele or local) with commission 0 any of Me oRen ars enumerated in paragraph tit a the cenificafion; and d. Have not wiMin a 3Iyear penotl pecedlrg this atglicaM1amaJreemem had one or more public tremendous; (Federal. Stare or burp terminated for cause or default 2. Where the City 'a unable W mtify bony of the Se@menti In this nomination, such City shall elect an explanation to Mis agreemem. CITYOFBANGOR by: ligi ADWVW on M1Ymgr STATE OF MAINE DEPARTMENT OF TRANSPORTATION mw A. Ctle: fcmmbebm vq 9ef9 Shams.LOLAL fe00i AFEEMfNT Emmerk-Prole lA-PIN(n15117,0e)