HomeMy WebLinkAbout2002-01-28 02-80 ORDERItem No. 02-80
Date:
Item/Subject: Authorizing City Manager Execute A Local Project Agreement with
MDOT - Intersection Improvements to Realign the Junction of Main,
Summer, and Railroad Streets (PIN) 8837.00
Responsible Department: Engineering
The attached Order authorizes execution of a routine lural Project Agreement with
MOOT, covering the local administration of the proposed intersection improvements to
realign the junction of Main, Summer, and Railroad Streets. (PIN) 8837.80.
We have executed similar agreements on a number of previous MOOT projects.
Fxemtion of the agreement Is recommended. A copy is attached.
DepanmeM H tl
Manager's Comments: ,,p
City Manager
Associated Informaticam OAdCu,,
Budget Approval:
Fes_
Finance Director
Legal APprwal:
City Solicitor
Introducetl for
Pottage
_ First Reading Page _of
Referral
Anigw to Councilor 6alaacci January 28. 2002
C�ie•P•r:.-
CITY OF BANGOR
(Tm.E.) Order,
Authorizing City Manager to Execute A Local Project
Agreement with MOOT - Intersection Improvements to Realign
the ]unction of Main, Summer, and Railroad Streets (PIN)
8837.00
by the GtyC M/ofN City of&ngor.
ORDERED, THAT
the City Manager is hereby authorized and directed to execute a
Local Project Agreement with the Maine Department of Transportation covering the
local administration of the proposed intersection improvements to realign the junction
of Main, Summer, and Railroad Streets (PIN) 8837.00
A copy of the agreement is attached.
IS cin MMCIL
January 28, 2002
Motion Made and seconded 02-80
for Passage ORDER
Passed
Title, Authorizing the City Manager
CI to Execute a Local Project Agreeoent
math MDOT - Iutersectfon Improv
to Realign the Junction of Main•u
Summer
sad Railroad Streets PIN) 8037.00
Assigned
W"L Councilor
02AO
LOCAL PROJECT
AGREEMENT
B6IWEENTlfli
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
ANDIM
CITY OF BANGOR
REGARDING
PROPOSED INTERSECTION IMPROVEMENTS TO REALIGN
THE JUNCTION OF MAIN, SUMMER & RAILROAD STREETS
uNDme
FEDERAL AID PROJECT NO. NH -8837(00)
PROJECT IDENTIFICATION NUMBER (PIN) 8837.00
This AGREEMENT is entered into on this day of , 2001 by
and between the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (bsreafter
the DEPARTMENT) and the CITY OF BANGOR, a body corporate and politic located in the
County of Penobscot (hereafter the CITY) regarding the development, design and conshuction
of a locally -administered project to make intersection improvements to malign the junction of
Main, Summer and Railroad Sheets in Bangor ander Federal laid Project No.
1,lfi-8837(00)fl jest Identification Number (PIN)8837.00(hereafterpr Iecd as follows:
1. PROJECT DEVELOPMENT
A. The purpose of We project is to make intersection improvements to realign the junction of
said Main,Summerand Railroad Sheets. The t aparticipatingcostoftheprojectaz
definedunder Micle➢, liam ph ut shall notexceed One Hundred a Flue
Thousand ($]55,000) Dollars without the express written approval ofthe
DEPARTMENT as under Adicpmvided under Para gm ph on Reimbummrertas
hereinafter provided ands Article➢ shall be limited to no more than rdnety (9W/)
percent of such participating cost after deducting a local share of at least tea(10 o)
percent az hereinafter provided ander Article 11, Paragraph B.
B. The CITY shall submit a line item budget lc the DEPARTMENT for appmva] based
upon a detailed estimate of project costs.
1. Once such a budget is approved, expenditures subject to relmbnrsemrnt as hereinafter
provided stand not exceed any single cost category orbudget line item amount by any
more than ten (100/6) percentwithout approval ofthe DEPARTMENT.
W,80
PIN8831.00
Form Fd 11/2/01
Page 2 of 11 Paget
2. In no event shall the total of all such expenditures exceed the mW amount allowable
for the project as hereinafter provided under Paragraph 0.1.
C. The CITY shall not perform or aullwrize airy services or work under this Agreement
without first receiving the express approvah m do so in writing from the
DEPARTMENT.
1. Sudo approval strap be contingent upon the DEPARTMENT receiving autborizabon
from the Federal Highway Admirvanetion (hereafter IrRWA) for federal participation
in the project costs hereinbefore described.
2. Any costs incurred by the CITY poor to receiving such approval from the
DEPARTMENT shall be ineligible fm federal participation and therefore not
reimbursable by the DEPARTMENT under the provisions of Article 11.
D. The CITY shall develop and prepare all of the necessary design plans, specifications,
estimates and contact documents for the project as internal by the DEPARTMENT in
accordance with the DEPARTMENT's standards and procedures for procuring
construction contracts for federal -aid projects. The CITY sided submit all such plans,
specifications, estimates said contact decmpents to the DEPARTMENT for review and
approval pnor to prorating my such contract.
1. All plans shall measure 22 inches by 36 inches and include the level of detail
necessary to construct such improvements in amamaer satisfactory to the
DEPARTMENT. Such plans may include, but are not necessarily limited to: title or
cover sheet, plan and profile, typical sections, standard details, special details and
cross sections.
2. All design features shall coadcamto the standards used by the DEPARTMENT as set
forth in is "H'gh"y Devign Gatde" and "Standard Derails for Highways and
Bridges"and comply with the DEPARTW?fT's utility accommodation policy as
setforthinits"PolityO Above&owd UtilityLocations". Thedesignofthetuffic
signal shall conform to NEMA dual ring standards.
3. All plans and contact docmvens shall specify that the project be constructed in
compliance with the DEPARTMErNT's "Standard Spe hcations for H'ghways and
Bndgr-r" (hereafter Standard Specifications).
4. The CITY shall he responsible for all necessary utility coordination and shall redly
to the DEPARTMENT that all utilities potentially affected by the proposed highway
improvements have been notified and offered plans of the proposed improvements.
Prior to the approval of fired plans as hereinafter provided, the CITY shall certify to
the DEPARTMENT thaz 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.
PIM8837.00
Form Ed. 1112101
Page 3 of 11 Pages
b. Upon approval of final desigy all plans so approved shall become known an thefinal
plans (hereafter Final Plains).
E The CTTY may contact fm engineering and dwima related services as necusary to
develop, design or construct the project provided the selection and retention of any
individual or firm to provide or furnish any engineering or design related services for the
project (hereafter consultant) shah be based upon qualifications in accordmce with the
DEPARTMENT's consultant selection and retention procedures.
1. No contract for such services shall be awmded without the express approval of the
DEPARTMENT and FHWA purmant to the provisions set forth under Part 172 of
Title 23 ballot United States Code ofFederal Regulations (hereafter CFR)
specifically, those Provisions set forth theran order Section 172.5(d).
2. The CITY shall specifically monitor all work performed curfew any such emotional
pursuant to the provisions of 23 CFR 172.13.
3. The DEPARTMENT may accept or reject my work pertrmucl or precured under
my such contract pursuant to the pwovisious of 23 CPR 172.5(d).
F. The CITY shall develop and prepare allemmanamol sthdies and reports necessary for
the project as directed by the DEPARTMENT. All such slathes and reports shall be
submitted to the DEPARTMENT, from time to time, for review, comment and
acceptance.
G. The DEPARTMENT shall prepare and submit W FHWA for rmncurrence all
mviromvevtal documentation required for the project under the provisions of the
National Environmental Policy Act (NEPA).
R. The CITY shall obtain all permits necessary to concoct the project.
I. The CITY shall solicit the participation of the public in the development ofthep ject
upon completion of preliminary design and the development of a Preliminary Design
Report, poor to initiating my front design.
J. The CITY shall certify that ample right-of-way is available to construct and maintain the
project and that an& rightof-way is frce of all mcrombmmLs that could interfere with
such construction prior to being allowed to solicit for bids to construct the project.
1. The use of allpublic land matter the ownership and control ofthe parties berets sball
bematte available for a llpuToacsueerssatymivcidmWWffieprojectwithuut my
cost to the project.
a- The DEPARTMENT shall retain all right, title and interest that it presently
holds in and to my of the property used for the project.
02-M
PM8831.00
Farm Ed. 1112101
Page 4 of 11 Pages
b. Anymuoicipalpropertythatisusedf thepwiectahallbededi cdforpabEe
use in perpetuity by the CMe for so long as the improvements constructed under
the project, or otherwise intended by the project, esista.
1) Such dedication shall include a suitable boundary line or engineering
description sufficient to locate and define such land with [les to a reproducible
control line.
2) The CTTY shall forward a copy of such dMication and desorption to the
DEPARTMENT.
2. The CITY shall acquire and Among any additional right-of-way necessary to
construct and arrowroot the pmj Oct.
a. All such fight -of -way shall be acquired in accordance with the Uniform
Relocation Assistance and Real Properly Acquisition Policies Ad of 1970 as
amended by the United State Congress in 1987(Uviform Act) pursuant to the
provisions an forth under 49 CAR Pan 24.
b. The CITY shall certify that all such rightof--way, was acquired, is available, and
is free of all encroachrvmts in accordance with the provisions of the Uniform Act.
3. The CITY shall famish to the DEPARTMENT a right-of-way map or similarplan
prepared or accordance with the DEPARTh E 's specifications detailing my
ngh 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 contract to construct the project in accordance with the Final Plans and Standard
Specifications as follows:
1. Such solicitation and all procedures pertaining to the procarement of such a contract
shall be in accordance with the DEPARThfENT's procwerueat policy and
procedures for federal -aid projects, unless approved otherwise by the
DEPARTMENT.
2. Both the CITY and the DEPARTMENT shall have the right m accept or reject 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 artange for a preconanuction meeting to coordinate
Me construction of the project with the DEPARTMENT, the connector, and any and
all utilities and other parties directly involved in such construction.
o2-
PIN8831. 00
Form Ed. 11/2/01
Page 5 of 11 Pages
L. The CITY shall administer such a contract so awarded and provide all of the necessary
supervision, inspecvov and doc mmoution required to ensure that the project is
completed in a satisfactory mama in acoordance with the Final Plans and Standard
Specifications as haeivafter provided.
1. The CITY shall provide a full-time qualified employee to be in responsible charge of
theproject.
2. The CF[Y shall oat procedrues awzpUble to the DEPARTMENT to measure aM
document the quantity and quality of all work Performed order this Agreement and to
lost the materials used therein in an acmmatc and uniform mamer. All
documentarian, raska erg all source documents used as the basis of payment for smh
work, shall become a matter of wood and retained as heseitufler provided under
Article In, Paragraph A.
3. Alltraffic throughout the work areas on the project shall be controlled in accordance
with the provisions of Pmt VI ofFHWA's "Manual on Un form Ynab'c Counsel
Devices for Streets and lfighwuys" (MUTCD).
4. 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 projwt was constructed in a sawfneacry mmmw in accordance with the Final
Plain and Standard Specifications and Nat the quantity and quality of work
perNrmed under Nis Agreement and all of the materials used in such construction
were rimed and documented as hereinbefore provided and met all specification
requirements Of the covshuctim restrict.
M. The DEPARTMENT may mespect construction of &a project and all documentation
pertaining thereto at anytime during the period of construction mA may test any of the
materials used therein to ensure compliance with the Final Plans and Standard
Specification. The DEPARTMENT may reject any work or materials not in such
compliance. Upon completion of construction, the DEPARTMENT may map= the
project to determine the acceptability Nereofprior to paying any final claim for
reimbmaem®[ ofFood wt costs as hereinafter provided under Article D, Paragraph C.2.
N. The CITY shall update the Final Plans as necessary to show all changes or additions
made during Ne paiad of renshuction. Upon completion ofwnstmction, the CM
shall furnish to the DEPARTMENT areproducible set ofup-m-0me Final Plans as
"As -Built Plam"showing all details ofthe projwt w wnstmcted m mylu sheets
ru�ang exandy 22 inches by 36 inches, or sheets of the same size on mra equivilest
medium of ambival quality which is suitable and acceptable to the DEPARTMENT for
permanent filing.
O. The CITYshallmakenoamgesiv Nesropeorobjectivesofthepmjwt,ormyofthe
costs thereofothathan as hereinafter provided, without the express written approval of
the DEPARTMENT.
02-90
PX883].00
Form Ed 112101
Page 6 ofli pages
1. At approved change shall be required tomcreese the cost of the project whenever
expenditures are expected to exceed any approved single cost category or budget line
Herb amount by more than an (100/6) percent as hereinbefore provided under
Paragraph B. l or whenever the total of all participating project costs as defined under
Article ll, Paragraph A.I is expected to exceed the sum as hereinafter allowed In no
event shall the total of all such participating project mats, mgether with all costs
incurred by the DEPARTMENT ere hereinafter provided under Article M Paragraph
B, exceed One Hundred FWFive Thousand ($155,000) Dol/urs without the
express written approval of fire DEPARTAMb T.
2. An approved change shall also be required to revise, modify or change the =We or
objectives of she project cr any of the cast 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 froth herein.
P. The CfTY dell assure that all work undertaken by the CITY or any of its consultants or
conrrecrors pursuant to this Agreement conforms to all applicable federal, state and Inial
laws. Specifically, fedend laws and regulations covering each work are set forth under
Title 23 in the United States Code (hueatler USC) far applicable statutory law and 23
CPRf applicable administrative law. Genual administrative requvements relative to
federally forded activities are also contained under 49 CAR Par[ 18 entitled "Uniform
Admemahmafive Requirements jor Grants and Coo�ative Agreemen s to State andLocal
Governmenu". Allowabilityforparticipatiugmstsissdforthmddescibe the
-Executive OBice of the President of the United Stores' Office of Management and Budget
(OMB) Circular A-89 entitled "Cost Principletfor Sante and Local oWrernments ".
Q. The CITY shall maintain allimprovements considered under the project in such
manner so is necessary to preserve the use used function thereof as intended by the pmject.
Such burdensome shall be consistent with the same kinds and level ofmaintemnce
provided by the CITY for all other major highways and arterials maintained by the
CITY.
H. COST SHARING & REIMBURSEMENT PROCEDURES
A The DEPARTMENT shall be respmsible for aportion ofthe cost to develop design and
construct the projeU@ereaHup jet costs) M fo9ows:
1. The DEPARTMENT shall provide federal foods available to it through F A
duence ufederal share) at the rate of ruddy and twenty-eight hundredths (80.28%)
percent of all project costs deemed eligible for federat participation (herexPu
participating project costs) in accordance with all applicable federal laws and
regulations as set forth under Article L Paragraph P, to the extent that the enrol of all
participating costs shad not exceed One Huared Fi/ly-Five Thousand ($155,000)
DoHws w dbna the express written approval of the DEPARTMENT as hereinbefore
provided under Article 1, Paragraph 0.1.
M
PM8837.00
Form Ed 11/2/O]
Page y of 11 Pages
2. The DEPARTh Wshafialsoprovideallofthenon-federalormatchigshareof
all participating project costs hereinbefore described after deducting the CI'fY's share
of such casts as provided under Paragraph B below.
B. The CITY shall be responsible for at least too (10%) percent of all project cases,
including all project costs incurred by the DEPARTMENT, and any 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 in writing a hereinbefore
provided under Article I, Paragraph 0.2.
C. The DEPARTMENT shall reimburse the C for no more than rarely (901%) percent
of all project costs incurred by the CITY as follows:
1. In no event shall the total of such reimbursement exceed One Handout Thu q Nine
Thousand Five Hundred ($139,500) Dollars without the express written approval of
the DEPARTMENT as hereinbef provided.
2. The CM shall bill the DEPARTMENT no less than monthly for all claims for all
allowable direct and acetal participating project costs insured under the provisions of
this Agreement. Such costs are incurred whenever work is performed, goods and
services are received or a resin disbursement is made. All claims for such costs shall
be submitted on the CTEY's billhead or invoice and be itemized in A least the same
detail as itemized m We approved projmtbudget The CITY shall show its share of
such costa on all claims submitted frrrmmbumemmt. Fach claim so submitted shall
include an accumulstivelotalfor all costs incurred by cost category orbudget line
item. Each claim shall also include acertification from a qualified employee in
responsible charge ofthe pmject that ail amomt w claimed forreimburs®mt are
conect,dueandnotclaimedpreviouslyandthatallworkf wMehsuch
reimbursement is being claimed was pertbrmed in accordance wiW the terms of this
Agreement or any specific contract applicable thereto approved by the
DEPARTMENT under Run tams of this Agreement
3. If less Nan One ThousaM ($1000) Dollars in such reimbmsabfe costs are incurred in
my one month period or regularly scheduled billing period of at least one month
duration, the CITY shall defer any such clean therefor mal the near month or
regularly scheduled billing period in which 9least One Thousand ($1000) Dollar in
such reimbursable costa have been incurred or =61 the last or final claim is submitted
forrombursarmt. Paymentmfan a0cl maybembjecttoafinalinspectim
ofiheprojectby Ore DEPARTMENTmdeterminetheanceptabifityNe fm
hereinbefore provided under Article I, Paagrsph M.
4. The DEPARTMENT shall deduct all ofthe ='s alone of such costs as described
under Paragraph B above, if not otherwise deducted on any such claim m mbmined,
including from time to time its share of those costs incurred by the DEPARTMENT
02-110
PX8837.00
Form Ed 11/2/01
Page 8 ofll Pages
to develop, impact and administer 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(2'/2%)percent of
all such rumburaements until all work undertaken by the CITY pursuant m thus
Agreudert is completed satisfactorily. The DEPARTMENT may retain temporarily
or penmaaently, any portico 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 project m
takes some other ration, including my acts 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 if necessary, shall refund m
the DEPARTMENT all of rho federal share of my reimbursement received for such
costs prior to any such loss of such participation
M. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT
A The CITY shall maintain all project records for a least a period ofthree (3) yearn from
the date of me last or fined submission of claim for reimbursement for project costs in
mcordeoce with the provisions of 49 CFA 18.42(b), except as otherwise provided under
subparagraph 1 below.
1. If my litigation, claim, negotiation, audit or other action involving such records bun
begun prior to the expiration of such period, then all reurds shall be retained until all
action and resolution of issues arising therefrom are complete if such action or
resolution extends beyond the three year period'hereirbefare described.
2. The CITY shall assure that in accordmco with the provisions of 49 CFR 18.42(3), the
DEPARTMENT and PRWA, and if necessary, the Comptroller General of me
United Sales, or any ofineh authorized representatives, shall have bill access at any
and all reasonable times to all records of the project for all purposes necessary to
make audits, examinations, excmpts or transcripts.
B. The CITYshall same thateh applicable auth[requirements aremetin accordance with
themavisions ofOI6B Circular A-133.
W. GENERAL PROVISIONS
A. INDEPENDENT CAPACITY. While performing work under this Agreement, me
CITY, its employees, agents, representatives, consumers m contractors, shalt act in an
independent capacity from the DEPARTMENT, and not as officers, employees or agents
thereof.
02-110
PHS837.00
Form Ed. 1112101
Page 9 of 11 Pages
H. CON CTADMDUSTRATOR. The DEPARTMENTshallassignaAnject
Manage m act m the Contract Admirustator on behalf of the DEPARTMENT underthe
terms of this Agreement As the DEPARTMENT's representative, the Contract
Admirtistlator shall have authority, to stop the work if necessary to encore proper
execution thereof m accordance with bums of this Agroemant. All bills or invoices for
payment, progress reports, claims, correspondence and all Project related submissions
from the CITY shall be sent directly to the Contract Administrator.
C. LIABILITY. Any amount paid out by the DEPARTMENT arising out of or from any
errors, omissions or failures on me part of the CITY to meet professional standards of
construction eugmeaing and mspection shall be recovered from the CITY by reductions
in any reimbursements due it under the terms of this Agreement or by any other legal
means. The DEPARTMENT shall promptly notifythe CITY if my polerrtal claim
arises under the pmvisions of this Article. The CITY shall be afforded full opportunity
for a defense against any, such clam. If it is subsequently determined that my such
reduction many reimbursement due the CITY by the DEPARTMENT was either
arbitrary, capricious or frmdulent than any amomt so reduced shall be Paid promptly.
D. INDliMNIPTCATION. The CITY shall indemnify and hold harmless the
DEPARTMENT and its offices, agents and employees from my and all claims, suits or
liabilities of every kind oragree arising out of from my negligem, intentional,
malicious or crivtival act, error or omission by the CM or my of its comentmts or
comments occurring as the result of my work undertaken by the CITY pursuant to this
Agreement This provision shelf survive my tarmnation or expiration of thus Agreement
m hereinaftapmvided mda Ardcle v, Pamgaph C. Nomivg hems slu ly nor is
intmdedto,waivemydefenseimmunityorlimitationofha ffitywhichmaybeavailable
to the CITY or the DEPARTMENT, its or theirofEcers, agents or employees, untler the
Maine Ton Claims Act pusueut to the provisions of Section 8101 et s al. in Title l4 of
the Maine Revised Statutes Annotated (hereafte MRSA) "my otherprivdeges or
monnuvities m maybe providedby law.
E. CON MENTLs.LITY. The parties hereto agree that where applicable, all information
pertaining to engineering cost estimates and right-of-way matters shall be kept
confidential pusuant to the provisions of 23 MRSA § 63.
F. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIItMA=ACTION .During
the performance of my work undertaken presented to this Agreement, the CITY shall not
discriminate against my employce or applicant for employment relating specifically to
such work because of race, color, religious creed, sex, national origin, ancestry, age or
physical handicap. The CITY shall take affirmance action to ensure that all such
employees or applicants are treated without regard to thew race, color, religion, sex, age
or national origin during flee period of such work.
G. INSURANCE. The CITY shell requne my and all consultants, contractors or
subcontractors perfomung my of the services or work undertaken paramour to this
Agreement to be insured in accordance with the provisions set forth under Section 103.08
of the DEPARTMENT's Standard Specifications.
02-80
PIN8837.00
Foran Fd. 112101
Page 10 oflt Pager
H. OWNERSHIP. All plans, reports, notes, papers or other tangible work produced by or on
behalf of the CITY under the terms ofthis Agreement shall be the property of the
DEPARTMENT and shall be based over to the DEPARTMENT upon request
following completion or teraumation of the project The CITY shall be allowed an
interest therein commwsumte with its share of the project coal.
1. SUBSEQI I DOCUMENTATION. Thepazves herein �geem execute all
documents and take all actions necessary or incidental to implement the provisions of this
Agreement.
I. SUBLETTING, ASSIGNN EM OR TRANSFER The CITY shall not sublet, sell,
transfer, assign or otherwise dispose of this Agreement or any portion thcreofor my
right, vile or interest thenen without the express wrihw consent of the DEPARTMENT.
No contract, agreement or transfer of Us Agreement shall in any case release or relieve
the CITY from any liability under this Agreement.
K. ENTIRE AGREEhIESU. This Agreement contains the entire agreement between the
parties hereto relative to all momew of the project and neither party shall be bound by my
statement, correspondence, agreement or represe0ation 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 to the CITY and in no event shall any such
action be deemed abreach of contract. In the event that the reason for lamination is
other than for my failure by the CM, the DEPARTMENT shall give the CITY a
written thirty(30) day notice of examination. Postponement, suspension, abmdommad or
termination may be taken for my reason by the DEPARTMENT or specifically as the
result of my failure by the CITY or any connector thereunder to perf any of the
services required under this Agreement to the satisfaction of the DEPARTMENT. Upon
receipt of written notification Sam the DEPARTMENT that this Agcemeut is to be
postponed, suspended, abandoned or terminated for my of the foregoing reasons, the
CITY or my contractor thereander shall immediately "me all work or services subject
to such tetmirration, except my work required to protect public health and safety, and tum
over to the DEPARTMENT. within tlr'vty (30) days following the effective date of such
[amination, all project records, documentation and contraction materials in place or
purchased for thepmjatpursuant to this Ageratum. Upon receipt of suchrecords,
documenmvon and materials, the DEPARTMENT shall reimburse or mange a
settlement with the CITY in one of the following mannas:
1. If the postponenmt, suspension, abmdormwt or termination is for my reasov 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 each termination.
2. If the postponement, suspension, abandonment or termination is the result of my
failure by the CITY or my contactor thaeunda to coarct my unsatisfmlory
PIN8831.00
Form Ed 11/1/01
Page It of ]I Pages
performance after receiving fifteen (15) days wriften notice from the
DEPARTMENT sailing birth the basis of such dissatisfaction, the CITV's
reimburservent shall be limited to Payment for acceptable work or services
accomplished up wail the date of such retrocession.
V. TERMS OF AGREEMENT
A All of the provisions set forth under Articles I and R shall expire upon satisfactory
completion of the terms set fM therein or three (3) years from the data hereof
whichever occurs fust, unless otherwise terminated sooner or ascended later in writing as
hereinbefore provided under Article I, Paragraph 0.2.
R. Ali ofthe provisions set forth under Articles M and N, except Article N, Paagaph D,
shall expire upon satisfactory completion of the tern; set forth under Article III, unless
terminated sooner m extended later in writing as hereinbefore provided under Article I,
Paragraph O.2.
C. The indemmification provision ad birth under Article N, Paragraph D shall remain in bill
force and effect indefinitely oruutil specifically nrminated, modified or amended in
writing by the parties hereto or negated by any operation of law.
W. APPROVAL
This AGREEMENT bas been approved and signed in duplicate by the parties below and
becomes effective on the day and "a fust above written.
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
BY:
Witness Warren T. Foster, Director
Bureau ofP ryect Deve(opmsmt
0
pvh ///sro/
CN 16'901 A:HMCFO] 0
Barrett, CIryM ager