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HomeMy WebLinkAbout2002-01-28 02-82 ORDERItem No, 02-82 Data; ]am,eq 28. 2002 Item/Subject: Authorizing City Manager to Execute A Local Project Agreement with MDOT - Resurfacing Improvements W Portions of Hancock and Washington Streets (PIN) 8828.00 Responsible Department: Engineering Commentary: The attached Order authorizes execution of a routine Local Project Agreement with MOOT, covering the local administration of the proposed resurfacing improvements to portions of Hancock and Washington Streets (PIN) 8828.00. We have executed similar agreements on a number of previous MOOT projects. Execution of the agreement is recommended. Acopy is attached. �(rnY\ Department d Manager's Comments: 'NArnnr4rYl Tew", Associated Information: (34m UVAwMT Budget Approval: I�c &t4a Finance Director Introduced for Passage _ First Reading Page _of Referral AmignWbCoundlor Pa r Sanaary 28, 2002 CITY OF BANGOR (TITLE.) Order, Authorizing City Manager to Execute A Local Project Agreement with MDOT - Resurfacing Improvements to Portions of Hancock and Washington Streets (PIN) 8828.00 By me 0[y Councll of the Ory ofPango .. 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 Resurfacing Improvements to portions of Hancock and Washington Sheets (PIN) 8828.00 A copy of the agreement is attached IN CITY COUNCIL January 28, 2002 Nation Hade and Secomled for Passage Passed 02-82 ORDER Title, Autharleing City manager to Execute a Local Project Agreeaent with Moor - Resurfacing Improoemments to Portiose of Has ock exact Washington Streets (PIN))MF,8.00 (0 fj,rw` Councilor sf&u 02-82 LOCAL PROJECT AGREEMENT BETWEEN= STATE OF MAINE DEPARTMENT OF TRANSPORTATION AM1 TBe CITY OF BANGOR 86c pJo LEVEL III HIGHWAY RESURFACING IMPROVEMENTS TO PORTIONS OF HANCOCK & WASHINGTON STREETS tmvek FEDERAL AID PROJECT NO. STP -8828(00) PROJECT IDENTIFICATION NUMBER (PIN) 8828.00 This AGREEMENT is entered into on this day of , 2001 by and between the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (hereafter the DEPARTMENT) and the CITY OF BANGOR, abody corporate and poliric located in the County of Penobscot (hereafter the CITY) regarding the development, design and wnstruction of locally -administered project to make Level M ighway Resurfacing improvements to portions of Hmwck and Washington Streets in Bangor, in the vicinity of the Penobscot Bridge as bereutatler described, under Federal Aid project No. STP-8828(00)/Project Identification Number (PIN) 8828.00 (hereafter proyace) as follows: I. PROJECT DEVELOPMENT A. The purpose of the project is to make level m Highway Resurfacing improvemmts to said Hancock Street from Oak Street to Washington Street and W said Washington Street tiom the Pmobswt Bridge tc said Hancock Street The tmal participating cast oftbe project as defined under Article H, Paragraph A.1 shall not exceed One Hundred Rfti Fiwaowand($155,000)DollarswithouttheexpresswrittenaMmvalofthe DEPARTMENTashxeinafterprovidedmder Paragraph O.t. Reimbomemeatas hereinafter provided under Article H slaill be limited to no mora then ninety (90°0) percent of such participating cost after deducting a local share of at least ten (10%) percent as hereinafter provided under Article Ir, Paragraph B. B. The CITY shall submit a line item budget to the DEPARTMENT for approval based upon a detailed gnnets of project costs. M� PM8828.00 Form Rd. 112101 Page 2 of 11 Pages 1. Once such abridger is approved, expenditures subject to whadoe sensem as hereinafter pesvidedl shall not exceed any single cost category or budget line item amount by my more Nan has (10%) percent without approval of me DEPARTMENT. 2. In no event shall the total of all such expenditures exceed the total =amt allowable for the project as hereinafter Provided oder Paragraph OA. C. The CITY shall hot perform or inflictive any services or walk order 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 authorinown frost the Federal Highway Admimstratiou (bereafter FR WA) for federal participation in the project costs hereinbefore described. 2. Any costs incmrad by the CITY prior to receiving such approval from the DEPARTMENT shall be ineligible for federal participation and therefore not rdmbumable 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 and procedures for procuring construction contracts for federal -aid projects. The CITY shall submit all such plans, specifications, estimates toil contact documents to the DEPARTMENT for_review suit approval prior to procurissg my such contract 1. All plans sill measure 22 inches by 36 inches and include the level of detail necessary to construct such improvements in amatter satisfactory to the DEPARTMENT. Such plans may include, but are tot necessarily limited to: title or ver sheet, plan and profile, typical sections, standard details, special details ad cross sections. 2. All design features shall conform to the standards used by the DEPARTMENT as set forth in its "Highway Design Guide "and "Mandard Demi efor Highways and Bridges"and comply with the DEPARTMENT's utility accommodation policy as set forth iv i6 "Polity On Above Ground UdlityLocmiom ". The design of[he tragic signal shall rAnf to NEMA duel ring atmdards. 3. All plans and contract documents shall specify that the Project be constructed in compliance with the DEPARTMENT'S "Saindard Specificationsfor Highways and Bridged' (bereafter Standard Specifications). 4. The CITY shall be responsible£ au necessary utility coordination and shall certify to the DEPARTMENT that all utilities potentially affected by the proposed highway improvements have been notified ad offered plans of the proposed improvements. Prior to the approval of finers plans as himsymor provided, the CITY shall certify to 02-82 PIN8828.00 Form Ed. I1//0l Page 3 of 11 Pages the DEPARTMENT that av 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. 6. Upm approval of final design, all plans so approved shall become known as the fecal plans (hereafter Final Plena). E. The CITY may Contract for engineering and deaign related services as necessary to develop, design or construct the project, provided the selection and retentive of any individual or li m to provide or furnish any engineering or design related services for the project Onsteafter ronin![ant) shall be based upon qualifications in accoNmae 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 ERWA promotion to the provisions set forth order Part 172 of Tide 23 in the United Saner Code of Federal Regulations (hereafter CFR) specifically, those provisions ad forth therein under Saxon 172.5(d). 2. The CP shall specifically mortitor all work pert ed under any such uubser pursuant to the provisions of 23 CFR 172.13. 3. The DEPARTMENT may accept or reject any work parf ed or procured under any such contract pursuant to the provisions of 23 CFR 172.5(d). F. The CITY shall develop and prepare all evvhonmenml studies and reports necessary for the project as directed by the DEPARTMENT. All such studies and reports shell be submitted to the DEPARThMNT, from blue to none, for review, conmwnt and acceptance. G. The DEPARTMENT shall prepare and submit to FEMA for concurrence all eavronmeNal documentation required for the project Mader the provisions of the National &wronmmsal Policy Act (NEPA). R The CITY shall obtain all permits necessary to construct the project. 1. The CITY shallencoamge public participation in sire development of the project prior to vitiating any final design. I. The CITY shall certify that ample right-of-way is available to construct and midmain due project and that such right-of-way is free of all encroactunents that could interfere with such construction prior to being allowed to solicit forbids to construct the project. 1. The useofalipublic land under the owneahip andcontrol oftheparties hereto shall be made available for all purpose nemssary or incidental m theprojectwithout any cost to the project. 02-112 PIN8828.00 Form Ed. 11201 Page 4 of 11 Pages a. The DEPARTMENT shalt retain all sight, title and interest that it presently holds in and to my of the property used for they jest. b. Any municipal property that is used for the projmt shall be dedicated for public use in papetuiry by the CITY for so tang 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 DEPARTM14]KNT. 2. If my additional sight -of --way is necessary b adequately construct and maintain the project, then the CITY shall acquire such right-of-way as hereinafter provided. a. All such right-of-way shall be acquired in accordance with the Uniform Relocation Asshsmnce and Real Property Acquisition Policies Aa of 1970 as amended by the United Some Congress in 1987 (Uniform Act) pursumt to the provisions set forth under 49 CPR Part 24. b. The CITY shall certify that all such right-of-way was acquired, is available and is free of all mcroachmmta as accordance with the pswum s of the Unifomr Act 3. The CITYshall Instishto the DEPARTMENT arightof-waymap orsrailarplan prepared in accordance with the DEPAJ[t NW's specifications detailing my right -of --way acquva3 for or dedicated to the project. K. Upon approval by the DEPARTMENT, du CITY shall solicit for competitive bids and award a contract to construct the project in accordance with the Food Plans and Standard Specifications as follows: 1. Such solicitation and all procedures pertaining to the procurernem of men a contract shall be in accordance withtbe DEPARTMENT's proour®rut policy and procedures for fedemt-aid projects, unless approved otherwise by the DEPARTMENT. 2. Both the CITY and the DEPARTMENT shall have the tight to accept or mjmt my and all bids received as a result of such solicitation. 3. The CITY shall net award any such contract without the express approval of the DEPARTMENT. 02- PIN8828.00 Form Ed. 11/ 01 Page 5 of 11 Pages 4. Upon suchaward,the CTTYsurE arrange fm apreconshvctionmeetingto coordinate the convouction ofthe project with the DEPARTMENT, the contractor, and any and all utilities and other parties directly involved in such construction. L. TheC shalladmivisre mchawn tw wardedandpmvideallofthenecessary supervision, inspection and documentation required to ¢name that the project is completed in a satisfactory manner in accordance with the Final Plans and Standard Specifications as heroinafter provided. 1. The CITY shall provide a full-time qualified employee to be in responsible charge of theproject 2. The CITY shall use procedi ns acceptable to the DEPARTMENT to measure and docim ant the quantity and quality of all work performed under this Agreement and to test the materials used therein an formate and uniform manner. All documentation, including all source documents used as the basis ofpaymeut for such work, shall become a matte of record and retained as hereinafter provided under Article ID, Paragraph A. 3. All traffic throughout the work areas an theproject shall be controlled in accordance with the provisions of Part VI of F A's "Manual on Uzjorm Traffic Covrol Devices jar Sneer arN Nghways" (M(TfCD). 4. Upon completion ofthe project, the CITY shall provide a compliance certification from a registered Professional F,ngineer authorized to practice in the State of Maine that the project was conducted in a satisfactory insurer in accordance with the Final Plans and Standard Specifications and that the quantity and quality of all work performed under this Agreement and all of me materials used in such construction were rimed mW documented as hereinbefore provided and met all specification reryvemmta of the contract. M. The DEPARTMENT may inryect construction of the project and ell documentation pensioning thereto at my time during the period of construction and may ten any of me rnateials used therein to ensure compliance with the Final Plans and Starulerd Specifications. The DEPARTMENT may reject any work or materials not in such compliance. Upon completion ofconstruction, the DEPARTMENT may inspect the landed to determine the accepmbility Wmeofprior to paying any final claim for reimbursement ofproject costs as hervinafler provided under Article D, Paragraph C.2. N. The CITY shall update the Final Plans as neeessary to show all changes or addifiws madeduringthepemiodofconstmetion. Upon completion of construction, the CITY shah) famish b the DEPARTMENT a reproducible set ofup-[o-date Fwal Plans as "As-Bull[Plans'showing all details ofthe project as constructed om mylar sheers measuring exactly 22 inches by 36 inches, or sheets of the same size on any Ni ivilent medium of archival quality which is suitable and acceptable to the DEPARTMENT for Permanent filing. 02-82 PLV8828.00 Form Ed 1112101 Page baJ'll Pages 0. The CITY shall make no changes in the scope or objectives of the project, or my of the costs thereof other then as hereinafter provided, without the express written approval of the DEPARTMENT. 1. An approved change shall be required to increase the cost of the project whenever expenditures are expectai 0 exceed my approved single cost category or budget line item amount by more thus too (10%) Toward as; haeinbef provided under Paragraph B.1 or whenever the total of all participating project cask as deduced under Article II, Paragraph A.1 is expected to exceed the sum as hereinafter allowed W no vent shall the total of all such participating project costs, together with all costs incurred by the DEPARTMENT as herovafter provided under Article Il, Paragraph B, exceed One Hundred F1frpFive nous aef ($155,000) Dollars without the express written approval of the DEPARTMENT. 2. An approved change shall also be rectuned to revise, modify or change the scope or objectives of the project or my of the cost sharing or reimbursement provisions ad forth herein, to extend or short® the period of this Agreement or to change my of the other tarns set forth b...+.. P. The CITY shall assure that all work undertaken by the CITY or any of its consultants or contractors limited to rhos Agreement conforms to all applicable federal, state and local laws. Specifically, fedaal laws and mgulatiom covering mchwmk are set forth mder Title 23 in the United Stater 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 under 49 CFR Pmt 18 entitled "Uniform Administr0rive Requiremigidjor Grants and Cooperative Agreements to Stare andLocal Governments". Mlowabilityfor participating costa is set forth and described in the P wutive Officeofthe Presidentofthe USg States'OffieofManage and Budget (OMB)CSrcgm A-87 entitled "Cos[Prirtciplesfor Seam arcd Looal Govemmenm". Q. The CITY shall maimain all improvements constructed indm the project in such amens as is necessary in preserve the use and fumtion thereof as ignited by the project. Such maingunice shall be consistent with the same kinds and level ofmaivtmmme provided by the CITY for all other major highways and arterials inaugural by the CITY. R. COST SHARING& REIMBURSEMENT PROCEDURES A. The DEPARTMENT shall be responsible for a portion of the cost to develop, design and construct the project (hereafterproject costs) as follows: 1. The DEPARTMENT shall providefederal funds available to it through FmOvA (hereafterfederal share) at the rate of eighty and twenty-eight hundredths (80.28%) percent of all project costs deemed eligible for federal participation (hereafter participaringprojed costs) in accordance with all applicable federal laws and 02-82 PIN8828.00 Form Ed 111V01 Page ] of11 Pages regulations as set forth under Article 1, Paragraph P, to the extent that the total of all participating costs shall not exceed One Hundred F#ij Five Thousand ($155,000) Dollars without the express written approval of the DEPARTMENT as hereinbefore provided under Article 1, Paragraph 0.1. 2. The DEPARTMENT shall also provide all of the non- federal or matching shore of all participating project costs hereinbefore descnbed after deducting the CP 's share of such costs as provided under Paragraph B below. B. The= shall be responsible for at least ton(10°/a) percent of all project costs, including all project vests incurred by the DEPARTMENT, and my project costs deemed ineligible for federal participation coda the provisions of Article I, Paragraph C.2 and Paragraph C.6 below, mules otherwise agreed to in writing as hereinbefore provided order Article I, Paragraph 0.2. C. The DEPARTMENT shall reimbuse the CITY for no more than ninety(90%)percent of all project coats incurred by the CITY as follows. 1. In no event shall the tonal of such reivnbuaemmd exceed One Handrail Thirty-Nhse Thousand Five Hundred ($139,500) Dollars without the express written approval of the DEPARTMENT as hereinbefore provided 2. The CITY shall bill the DEPARTMENT no less then monthly for a0 claim for all allowable direct and actual participating project costs incurred order the provisions of Us Agreanmc Such 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 billhea l or invoice and be itemized to at lean the same detail as itemized in the approvedproject budget. The CITYshallshowitashaeof such costsonallclaims submitted forrehnbusemend. Eachchumsosubrniumishall include an accumulative total Our all costs occurred by cost category or budget One item. Each claim shah also include a certification moa a qualified employeein responsible charge of the pmjM that all amounts so claimed for reimbursement are comm. due and not claimed previously and door all work for which such aim amennent is being claimed was performed in accordance with the terms of this Agreement or my specific contract applicable Hereto approved by the DEPARTMENT order the terms of Us Agreement. 3. If less than One Thousmd ($1000) Dollars in such reimbursable coss are incurred in any one month period or regularly scheduled billing period of least one month duration, the CITY shall defer any such claim therefor until the neat month or regularly scheduled billing period in which at least One Thousmend ($1 ON) Dollars in such reimbursable costs have been incurred or uatll the last or lined claim is submitted for reimbumement. Paymmtofmyfinalcla =ybembjwttoaflnalinspa6on of the pwiatby the DEPARTMENT O determine the acceptabilitytheeofm hereinbefore provided ander Article 1, Paragraph K 02-82 PM8828.00 Form Ed 111201 Page 8 of 11 Pagers 4, The DEPARTMENT shall deduct all of the CM's share of such costs as described under Paragraph B above, if not otherwise deducted on any such claim so submitted, including from time to time it share of mow costs incurred by the DEPARTMENT to develop, inspect and administer the project as therein provided, and retainage as hereinafter provided prim to making my reimbmsemmt. 5. The DEPARTMENT shall withhold star retain two and wohalf(2'/:%)p=mt of all such reimbmsemmss until all work undertaken by the CITY pmsuart to Ws Agreement is completed satisfactorily. The DEPARTMENT may retain temporarily or penamentiy any portion of such reimbure®encs so retained which it deems equitable until such time as A things mcluird of me CITY order this Agreemmt are received, completed or accomplishd N the satisfadon of the DEPARTMENT. 6. If the CITY withdraws morn the project, suspends or delays work on the project or Valets some other action, including my acts of commission or omission, without concurrence of the DEPARTMENT which results in the loss of federal participation in my 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 the federal share of any reimbursement received for such costs prior w my such loss of such participation. M. RECORD RETENTION, ACCESS REQUIREMENTS & ADDU A. The CITY shall maintain all project records her at least a period ofthiee(3) years from the date of the last or final submission of claim for reimbmsemmt for project casts in accordance with the provisions of 49 CFA 18.42(6), except as otherwise provided under subparagraph I below. 1. Hanylitigation, claim negotiation, audit or other action involving such records has begun prior to the expiration of such period, then all records shall be retained until all action and resolution of all issues arising therefrom are complete if such action or resolution extends beyond the Wee year period hereinbefore described. 2. The CITY shall assure that N accordance with the provisions of 49 CFR 18.42(3), the DEPARTMENT and PH WA, and ifneamssry, the Comptroller General of the United States, or my of their authonxd represmNriveq shall have full mesas at my and all reasonable times to all reunds of the project for all purposes necessary to make audits, exarvwatiors, excerpts or transcripts. B. The CITY shall assure Nat alt applicable audit requirements are met in accordance with the provisions of OhdR 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 ad in an 02-82 PIN8828.00 Form fid 1112101 Page 9 of II Pages independent capacity Goon the DEPARTMENT, and not as officers, employees or agents thereof. B. CONTRACT ADMIhgSTRATOR The DEPARTMENT shall assign a Project Manager to act as the Conduct Administrator on behalf of the DEPARTMENT under the terms of this Agreement. As the DEPARTMENT's representative, the Contract Admimsdater sbaE have authority to stop the work if necessary to ensure proper exceudon thereofiv accordance with teems ofthis Agroement. Allbillsorinvoicesfor payment, progress reports, claims, commepondence and all project related submissions fiom the CITY shall be seat directly to the Contract Administrator. C IIAItI TTY. Anyamomtpaidoatbythe DEPARTMENTmisingoutoforfrommy errors, omissions or failures on the part ofthe CITY to meet professional standards of mnswefim enginne g and ffiVe ion shall be recovered fr the CITY byreducfions in any reimbursemerns due it undm the terms ofthis Agreemmt orby any other legal means. The DEPARTMENT shallpromptlymtify the CITY ifanymnefial claim arises under the provisions of this Article. The CITY shall be afforded full opportunity for a def a against any such claimlfit is subsequently determined that any such reduction in any reimbursement due the CITY by the DEPARTMENT was either arbitrary, capricious or fiaudulent, than my amount so moonset 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 nature arising out of or from any negligent, intentional, malicious or criminal act, error or omission by the CITY or my of its consultants or mv[rec[om occurring as the result of my work edea ulnen by the CITY pursuant to this Agreement. This provision shall survive my examination or expiration of this Agreement as hereinafter provided under 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 the DEPARTMENT, its or their officers, agents or employees, under due Maine Tort Claims Act pursuant to the provisions of Section 8101 et seq. in Title 14 of the Maim Accused Statutes Annotated (hereafter MRSA) or my other privileges or marrunides as may be provided by law. E. CONPIDENTIAi1TY. Theparties hereto agree dust all information pertaining to engineering cost estimates and my right -of --way matters, if applicable, shall be kept confidential pursuant to the provisions of 23 MRSA § 63. P. EQUAL ENIPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION. During the performance of my work undertake pursuant to flus Agreement, the CITY shall not discrinwa[e agavut any employee or applicant for employment relating specifically to such work because of me, color, religious creed, sex, national origin, ancestry, age w Physical handicap. The CITY shall take affirmative action to source that all such employees or applicants are treaded without regard to their race color, religion, sex, age or national origin during the period of such work. 02- PFd8828.00 Form Ed 1112101 Page )0 of 11 Pages G. INSURANCE. The CITY shall require my and all coamltmts, covtractms or subcontractors performing my of the services or work undertaken pursumt to this Agreement to be insured in accordance with the provisions set forty under Section 103.08 of the DEPARTMENT's Standard Specifications. H. OWNERSHIP. Mlplam,reports,notes,papersorothatangiblework Mrod byoron be oftheCITY=der Netermsoftlus Agreementshallbethepropertyofthe DEPARTMENT and shall be turned over to the DEPARTMENT upon agues[ following compledon or termination ofthe pro ec . The CITY shall be allowed an interest therein coum arnome with its share of the project cost. I. SUBSEQUENT DOCUMENTATION. The parties hereto agree to execute all documents and take all actions necessary or incidental implement the provisions of this Agreemm . I. SUBLETTING, ASSIGNhfENT OR TRANSFER. The CITY shall not sublet, sell, transfer, assign or otherwise dispose oftivs Agreement or my portion thereof or my right, title or interest therein without the express written consent of the DEPARTMyff. No contrmS agreement or trans£ of this Agreement shall in any case release or relieve the CITY from my liability trader this Agreement. K. ENTIRE AGREE,IvIEMf. This Agreement contains the entire agreement between the parties hereto relative to all matters of the project and neither party shall be bond by my statement, correapondmce, agreement or representation made previous hereto which is not expressly contained herein. L. TERMINATION. The DEPARTMENT may postpone, suspend, abrasion or otherwise terminate this Agreement upon written notice to the CITY and in no event shall my such action be deemed a breach ofconrcact. In the event that the reason for termination is other than for ray failure by the CITY, the DEPARTMENT shall give the CITY a writtenthhty(30)daynoticeoftermivatim. Postponement,suspeasion abandonmentor termination may be taken for my reason by the DEPARTMENT or specifically as the resW[ of my failure by the CITY or my umtractor thereunder to peribrm my of the savicesrequiredmderthis Agreemmtto Nesatisfactionof&e DEPARTMENT. Upon receipt ofwuitren notification from the DEPARTMENT thatthis Agreement is to be postponed, m coded, abmdoned m termir W for my ofthe foregoing reasons, the CITY or my contractor thereunder shall immliately cease all work or services subject to such [amination, except my work required to protect public health and safety, and tum over to the DEPARTMENT within thirty (30) days following the eHtttive daze ofsuch p�chtermination, all protect records, documenAg and construction matsals meord m docW sed fm thndm ate pursumt to this Agreement. Upo reimburse of such recalls, documentation and materials, the DEPARTMENT shah) reirabmse or amenge a settlement with the CITY N one of the following mariners: PX8828.00 Form Ed. 11//01 Page]] olll Pages 1. Ifthe postponement, suspension, abandonment or termination is for any reason other than fact set 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 postponernect, suspension, abandomn®t Or [amination is the result of my failure by the CM or my contractor thereunder to carries any unsatisfactory performance after receiving these (15) days written notice from the DEPARTMENT setting forth the basis of such dissatisfaction, the ='a reimbursement shall be limited to payment for acceptable work or services accamplished p entil the date of such termination. V. TERMS OF AGREEMENT A. All of the provisions set forth under Articles l and II shall expire upon satisfactory completion of the tame set forth therein or three (3) years from the date hereof, whichever occurs OM unless Otherwise taminded sooner or extended later in writing as hereinbefore provided under Article; Paragraph 0.2. B. All of the provisions sect forth other Articles lR and W, except Article W, Paragraph D, Sell expre upon satisfactory completion of the terms set haat under Article M unless terminated sooner or extended later in writing as hereinbefore provided under Article I, Paragraph 0.2. C. The indenmificatlon provision set foM orderArticle W Pmagraph D shaU mmain in full force and effect indefinitely or "I specifically terminated, modified or amended in writing by the parties heists or negated by any operation of law. W. APPROVAL. This AGREEMENT has been approved and signed in duplicate by the parties below and licenses eff five on the day and dmefirst above written. STATE OF MAINE DEPARTMENTOFTRANSPORTATION By. Warren T. Faster, Director Bureau ojProrcct Development CITY OF BANGOR By. Edward A. Barvat, Q'ryM ager PA Immix 02 e2