HomeMy WebLinkAbout2002-01-28 02-83 ORDERItem No. 02-e3
Date: lamury 28. 2002
Item/Subject: Authorizing City Manager W Execute A Local Project Agreement with
MI OT - Resurfacing Improvements to State Street/U.S. Route 2,
between Fruit Street and Hogan Road (PIN) 9827.00
Responsible Department: Engineering
The attached Order authorizes execution of a routine Local Project Agreement with
MDOT, covering the local administration of the proposed resurfacing improvements to
State Street/U.S. Route 2, between Fruit Street and Hogan Road (PIN) 8827.00.
We have executed similar agreements on a number of previous MOOT projects.
Execution of the agreement is recommended. A copy is attac tl.
D_
Departmem Head
Manager's Comments:
Associated Informatbn: 04m,
Ll�v iM I il:.r
Fin�reM
Introduced for (prwAT'
K Passage
_ First Reading Page _of _
Referral
02-83
AssignNroCouncilor [ohmev Sauuaz9 28. 2002
CITY OF BANGOR
MILE.) Order,
Authorizing City Manager to Execute A Local Project
Agreement with MDOT - Resurfacing Improvements to State
Street/U.S. Route 2, Between Fruit Street and Hogan Road (PIN)
8827.00
uy the Ory Counal of the Qty ofP ngon
ORDERED, THAT
the City Manager is hereby authorized and directed to execute a
Local Project Agreement with the Maine Department of Transportation covering the
lora) administration of the proposed Resurfacing Improvements to State Street/U.S.
Route 2, between Fruit Street and Hogan Road (PIN) 8827.00
A copy of the agreement Is attached
IN CITY COUNCIL
Javunry 28. 2002
Notion Made And Seconded
for Passage
Passed
cx
02-83
ORDER
Title, authorising city Manager to
Sea cute a Local Project Agreement
with MOOT- Resurfacing Improvements
to State Street/RS Route 2, Between
Fruit Streetnd Rogan Road (PIN)
8827.00 Assigned to
WELD^' Councilor
_5
02-83
LOCAL PROJECT
AGREEMENT
BETWEEN=
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
AND TR9
CITY OF BANGOR
REGARDING
LEVEL OF HIGHWAY RESURFACING EUPROVEMENTS TO
STATE STREETIU.S. ROUTE 2
BETWEEN FRUIT STREET & HOGAN ROAD
TINDER
FEDERAL AID PROJECT NO. STP -8827(00)
PROJECT IDENTIFICATION NUMBER (PIN) 8827.00
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 polific located in the
County of Penobscot (hereafter the CTTY) regarding the development, design aM construction
of locally -administered project to make Level IffHighway Resurfacing improvements to a
portion of State Street, also known as U.S. Route 2, in Bangor, as hereinafter descnbed, order
Federal Aid Project No. S1P-8827(0O)/Pmject Identification Number (PIN) 8827.00 (hereafter
Project) as follows:
I. PROJECT DEVELOPMENT
A. The purpose ofthepmjcet is to make Level M Highway Resurfacing improvements to
that portion of said State Sheet situated between Fruit Street and Hogan Road, measuring
a distance of about 1.59 kilometer, or about 1.0 mile. The total participating cost ofthe
project as defined order Article II, Paragraph A.l shall not exceed Three Hundred
Sixty -Five Thousand($365,000) Dollars without the express written approval of the
DEPARTMENT as hematites provided under Paragraph 0.1. Reimburswent m
hereinafter provided under Article R shall be limited to no more than ninety, (90%)
percent of such participating cost after deducting a local share of at least ten (10%)
percent as hereinafter provided under Article 11, PmaMpb B.
B. The CITY shall submit a line item budget to the DEPARTMENT for approval based
Won a detailed estimate of project costs.
o2—
PM 8821.00
Form M. MMI
Page 2 of 11 Pages
1. Once such abudget is approved, expenditures subject to reimbursement as hereinafter
provided shall not exceed my single cost category or budget live item me= by any
more than was (M) percent without approval of me DEPARTMENT.
2. In no event shall the roml of all such expenditures exceed the word meant allowable
for the project as hereinafter provided order Paragraph 0.1.
C. The CITY shall not perform or authorise any services or work mrdec this Agreement
without that receiving the express approval to do so in wrifing from the
DEPARTMENT.
1. Such approval shall be contingent upon the DEPARTMENT receiving authorization
from the Federal Highway Admhdstrabon (hereafter FRWA) for fedend participation
in the project costs hereinbefore described.
2. Any costs incurred by the CITY prior to receiving such approval from the
DEPARTMENT shall be ineligible for federal participation and therefore but
reimbursable by the DEPARTMENT under the provisions of Article R.
D. The CITY shall develop and prepare ell of me necessary design plans,specifications,
estimates and contract documents far 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 CTTY shall submit all such plans,
specifications, estimates and contract documents to the DEPARTMENT for review and
approval prior to procuring any such contract.
1. All plans shall measure 22 inches by 36 inches and include the level of detail
necessary to constmct such improvements in a msrmer satisfactory to the
DEPARTMENT. Such plans may include, but are not necessarily praiei to: fifie or
cover sheet, plan and profile, typical sections, standard details, special details and
cross sections.
2. All design features shall conform to the standards and by the DEPARTMENT as set
forth in its "Highway Design Guide "and "Standard Deards for Highways and
Bndges"end comply with the DEPARTMENT's utility aeco a mdatiou policy so
setfoMinits"Polity On Above Ground Utility Lomt m". Thedesignofthetraffic
signal shall conform to NDMA dual ring standards.
3. All plans and contract documents shall specify That the project be consaucte in
compliance with the DEls"TMENT's "Smrnard SPeciit cartons for Highways and
Bridges "Marauder Standard Specifications).
4. The CITY shall be responsible for all necessay utility candinnion and shall certify
to the DEPARTMENT that all utilities potentially aBecte by the proposed highway
improvements have been notified and antlered plans of the proposed improvements.
Prior to the approval of final plans as hereinafter provide, the CITY shall certify to
02-83
PM8827.00
Form Fd. 1112101
Page 3 of 11 Pages
the DEPARTMENT that all necessary utility adjus resents or relocation have been
coordinated with the affected utility.
5. Any work involving fame account procedures shall nomire the express approval of
the DEPARTMENT.
6. Upon approval offmal design, all plans so approved shall become known as thefinal
Plans (hereafter Final Plans).
E The CITY may contract for engiveedug and design related services as necessaryto
develop, design or consumer the project provided the selection and retention of any
individual or firm W provide or furnish my engweering or design related services for the
project (hereafter coneultand stall be based upon qualifications in accordance with the_
DEPARTMENT's command selection and retention procedures.
1. No contract for each services shall be awarded without the express approval of me
DEPARTMENT and FHWA pursuant to the provisima set forth under Part 172 of
Title 23 in the United Matev Code of Federal Regulations (hereafter CFR)
specifically, those provisions set forth therein under Section 172.5(d).
2. The CITY shall specifically monitor all week performed under my such contract
prominentto the provisions of 23 CFR 172.13.
3. The DEPARTMENT may accept or reject any work performed or procured under
my such contract pursuant to the provisions of 23 CFA 172.5(d).
F. The CITY shall develop and prepare au environmeufal studies and reports necessary for
the project as directed by the DEPARTMENT. AD such studies and reports shall be
submitted W the DEPARTMENT, Gem time to time, for review, comment and
acceptance.
G. The DEPARTMENT shall prepare and submit to FRWA for concumusuceall
mmenmt documentation recanted for the project under the provisions of the
National Envi onmeand Policy Act (NEPA).
IT The CITY shall obtain all permits necessary W emstuct the project.
1. The CITY shall encourage public participation in the development of the project prior to
imtterfing my fuel design.
J. The CM shall certify thaz ample right-of-way is available to construct and maintain the
project and that such rightaf-way is free of all encroachments that could interfere with
such construction prior W being allowed to solicit for bids to construct the project.
1. Theme ofallpublic lend underthe ownership and controlofthepartiesberere shall
be made available for all purposes necessary or incidental W the project without my
cost to the project.
02-83
PRJ8827.00.
Farm R1 1112101
Page 4 ofII Pages
a. The DEPARTMENT shall retain all rigid, title and interest that itpresently'
holds in and many of the property used for the project.
b. Any municipal property that is used for the pmj cot shall be dedicated for public
use in petpetaity by the CITY for so long as the improvements constructed under
the project, or otherwise intended by the project, exists.
1) Such dedication shall include a suitable boundary line or engineering
description sufficient to locate son define such land with ties to a reproducible
control line.
2) The CITY shall £ and a copy of such dedication and description to the
DEPARTMENT.
2. If any additional right-of-way is necessary to adequately conduct and maintain de
project, then the CITY shall acture such ngbt-of-way as hueivafter provided.
a. All such right-of-way And be acquired in accordance with the Umjorm
Relocation Assistaue andReal Property Acquisaim Policies Act of 1970 as
amended by the United State Congress in 1987 (Uniform Act) pursuant to the
provisions set forth under 49 CFR Part 24.
b. The CITY shall certify that all such rightof--way was acquires, is available and is
&ee ofall encromhmevta iv accordance wiN the provisions of Ne Uniform Act,
3. The CITY shall fiunish to the DEPARTMENT a right-of-way map or similarplat
prepared in accordance with the DEPARTMENT's specifications detailing my
iightof--way acquired for or dedicated to the project.
K. Upon approval by the DEPARTMENT, the CITY shall solicit for competitive bids and
awed a contact to construct the project in accordance with the Final Plans and Standard
Specifications as follows:
1. Such solicitation and all procedures pertaining to the procurement of such a contract
shall be in accordance with the DEPARTMENT's procurement policy and
procedures for federal -aid projects, unless approved otherwise by the
DEPARTMENT.
2. Both the CITY and the DEPARTMENT shall have the right to accept or reject 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.
02-85
P1N8821.00
Form Ed. 1112101
Page 5 of 11 Pages
4. Upon such award, the CITY shall arrange for apreconstruction meeting to coordinate
the construction ofthe product with the DEPARTMENT, the contractor, and any and
all utilities and other parties directly involved m such construction,
L. The CITY shall administer such a contract so awarded and provide all of the necessary
supervision, inspection and documentation required to cvsure that the project is
completed in a satisfactory manner in accordance with the Final Plans and Standard
Specifications as hereinafter provided.
1. The CITY shall provide a full- time qualified employee to be in responsible charge of
the lnoject.
2. 'Ile CITY shall use procedures acceptable to Ne DEPARTMENT to measure and
document the quantity and quality of all work performed under this Agrcemeat and to
test the materials tow] therein in an accurate and uniform man a.. All
docummtazioq including all source documents used as the basis ofpaymmt for such
work, shall become a mattes of record and retained as hereinafter provided wader
Article M, Paragraph A.
3. All Vetfic throughout the work areas on the project shall be wntmlled in accordance
with the provisions of Part VI of FAWA's "Material on Uniform Traffic Control
Dmamstfor Sheets andHighwrys" (M Cl)).
4. Upon completion of the project, the CITY sball provide a compliance certification
firom a registered Professional Engineer authorized to practice in the State of Metric
Nat the projxt was constructed in a satisfactory mane m accordance with the Final
Plans and Standard Specifications and that the quantity and quality of all work
performed under this Agreement and all of the materials used in such Cnm4lrnction
were measured and documentd as hereinbef a provided and met all spoefication
requirements of the construction contact.
M. The DEPARTMENT may inspect construction of the project and all documentation
Pershing thereto at my time during the period of construction and may test my of the
materiels used therein to easmc compliance with the Fuel Plans; and Standard
Specifications. The DEPARTMENT may ject anywork ormaterials not in such
compliance. Upon completion of construction, the DEPARTMENT may inspect the
Project to determine the acceptability thereof prior to paying any final claim for
reimbursement of project costs as hereinafter provided under Article R, Paragraph C.2.
N. The CITY shall update Ne Final Plans as necessary to show all changes or additions
made during the period of construction. Upon completion of construction, the CITY
shall furnish to the DEPARTMENT a reproducible set of up-to-date Final Plans is
"As -Built Plow "showing all details of the project as mautructed an mylar shits
measuring exactly 22 inches by 36 inches, or sheets ofthc same sire on my equivilmt
medium ofarchivah quality which is suitable and acceptable to the DEPARTMENT for
Permanent filing.
PIN8827.00
Form Ed. 111101
Page 6 of 11 Pages
O. The CITY shall makeno changuinthescopemobjecfivesoftheproject, m anyofthe
costs thereofothu thanes hereimaftupmA&d, without the express written approval of
the DEPARTMENT.
1. An approves change shall be required to increaae the cost of the project wbentrur
expenditures are expected ro exceed any approved single cost category, or budget line
item amount by more than tea (10%) percent as berembefore provided under
Paragraph B.1 or whenever the toad of all participating project costs as defined under
Article IL Paragraph A.I is expected to excced the sum as hereinafter allowed. in no
event shall the most of all such participating Project coats, together with all costa
iommed by the DEPARTMENT as bombardier provided under Article B, Paragraph
B, exceed Three Hundred SWyFiva Thousand ($365,000) Dollars without the
express written approval of the DEPARTMENT.
2. Am approved change shall also be required m revise, modify or change the scope or
objectives of the project or any of two cost sharing or reimbuaenrent provisions set
forth herein, to extend or shorten the period of Us Agreement or m change any of the
other terms set forth hear.
P. The CITY shall assure that all work undertaken by the CITY or my of its consultants or
contractors luxuriant to this Agreement conforms to all applicable federal, state and local
laws. Specifically, federal laws and regulations covering such work are set forth under
Title 23 in the U ited Stater Code (hereafter USC) for applicable statutory law and 23
CFR for applicable administrative law. formal administra¢ve requnementa relative tu
federally funded activities are also contained order 49 CFR Part 18 emitted "Uniform
AdminisbaNve Regairememsfor Grants andsouparanve Agreemens to Store and Local
Govenmenat". Allowability for participating costs is set forth and described im the
aecufive Office ofthe President of the United Sates' Office of hanagement and Budget
(OMB) CGcular A-87 entitled "Cost Prixnplafor Stare aced Local Goverwneats".
Q. The CITYshaBmainainallimprovementsconshucteduadu Neprojmtinsucha
answer as is necessary to preserve the we and function rancid as intended by the project.
Such maintenance shall be consistent with the same kinds and level of maintenance
provided by the CITY for all other major highways aid arterials maintained by the
CITY.
D. COST SHARING & REIMBURSEMENT PROCEDURES
A. The DEPARTMENT shall be responsible f a portion of me cast to develop, deign and
consumer the project(hereafterp Ject cows) as follows:
1. The DEPARTMENT shah li vide federal funds available w it dnough ] H A
(hereaftufederalshare) at the rate ofeighty and twenty-eight hundredths (80.28%)
percent ofall project costs deemed eligible for federal participation (hereafter
participating project cosec) in accordance with all applicable federal laws and
02-13
PX8827.00
Farm Fd. II12101
Page ] of 11 Pages
regulations as set forth under Article S Paragraph P, to the extent that the land of all
participating costa shall not exceed Thee Hundred Silly Ftive Thousand ($365,000)
Dollars without the express writer, apermdd of the DEPARTWI as hereinbefore
provided order Article 1, Paragraph 0.1.
2. The DEPARTWITp "also provide all of the non-federal ornmtching share of
all participating project costs hereinbefore described after deducting the CITY's share
of such costs as provided order Paragreph B below.
B. The CITY shall he respomable for aleast ban (10%) percent of all project costs,
including all project costs incurred by the DEPARTMENT, and my project costs
deemed ineligible for federal participation under the provisions of Article I, Paragraph
C.2 and Paragraph C.6 below, urdess otherwise agreed to in writing as hereinbefore
provided under Article I, Paragraph 0.2.
C. The DEPARTMENT shall reimburse the CITY for no more than rarely (90%)percent
of all project costs meurred by the CITY as follows:
1. In no event shall the rand of such reimbursement exceed Three Hundred
7Wenq-Eight Thousand Five Handred ($328,500) Dollars without the express
written approval of the DEPARTMENT as hereinbefore provided.
2. The CITY shall bill the DEPARTMENT no less than monthly for all claims for aE
allowable direct and actual participating project costs incurred under the provisions of
this Agreement Suchcosts aminemredwheneverworkis 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
de lmitemi ffiffieappmvedprojectbudpt. The CITYshallshowitsshareof
such costs on all claims subWmed for reirnbursevmt. Each claim so embedded shall
'elude m accumulative toW f W cosm hmunedby cosi category or budget lime
item. Each claim shall also include a certification from aquaffed employee in
responsible charge of the project that ad amounts co claimed for revubms®errs are
correct, due and not claimed previously and that all workf which such
reimbursement is being claimed was performed it accordance with the terms of this
Agreement or my specific contact applicable thereto approved by the
DEPARTMENT under the teras of Us Agreement.
3. Ifless than One Thousand ($1000) Dollars in such reimbursable costs are incurred in
nay one month period or regularly scheduled billing period of at least one month
duration, the CITY shall defer any such claim therefor until the next month or
regularly scheduled billing period in which at least One Thousand ($1000) Dollars is
such reimbursable carts have been incurred or mail the last or final claim is submitted
forreimburscrand. Paymentofmy final claimmaybesubjectm a final inspection
ofthe project by the DEPARTMENT to determine the accepmbifitythereof u
hereinhefore provided under Article 1, Paragraph M.
02-0
PIN8827.00
Form Ed. 112/01
Page 8 ojtl Pages
4. The DEPARTMENT shall deduct all ofthe CITY's share ofsuch costs w described
under Paragraph B above, if not otherwise deducted on any such claim so submitted,
including from time to time its share of those costs incurred by the DEPARTWW
to develop, inspect and administer the project as theam provided, and retainage as
hereunder provided prior to making any reimbursement
5. The DEPARTMENT shall withhold and retain two and one-half(2'/a%)permit of
all such reimbursements until all work undertaken by the CITY pursuant to this
Agreement is completed satisfactorily. The DEPARTMENT may retain temporarily
or permanently any portion of such reimbursements so retained which it deems
equitable until such time as all things required ofthe CITY under Us Agreement are
received, completed or tecamplished to the satisfaction ofthe DEPARTMENT.
6. If the CITY withdraws from the project, suspends or delays work an the project or
takes some other action, including any was of commission or ousission, without
concurrence ofthe DEPARTMENT which results in the loss of federal participation
in my ofthe reimbursable project costs described herein, the CM shall become
mspo ale for all of the federal share ofsuah costs, anal ifnacessary, shall refund to
the DEPARTMENT all ofthe federal share of my reimbursement received for such
costs prior to my such loss of such participation.
M. RECORD RETENTION, ACCESS REQUIREMENTS & AUDTT
A. The CITY shalt maintain all project records for at least a period ofthtec(3) yews from
the data ofthe last or final submission of claim for reimbmsemmt for project costs in
accordance with the provisions of 49 CFR 18.42(6), cmept as otherwise provided=(ler
subparagraph l below.
1. If my litigation, claim, negotiation, audit or other action involving such records has
begun prior to the exlmatiun of such period, Nen all records shall be retained =til all
action and resolution of all issues arising therefrom are complete if such action or
resolution extends beyond the three year period hereinbefore described.
2. The CITY shall wsure that in accordance with the provisions of 49 CPR 18.42(3), the
DEPARMEMf and ERWA, and if necessary, the Comptroller General ofthe
United States, or any of their authorized representatives, shall have full access at any
and all reasonable times to all records ofthe project for all purposes necessary to
make audits, exammatiovs, excerpts or transcripts.
B. The CITY stall assure that all applicable audit requirements are met in accordance with
the provisions of OMB Choulw A-133.
A. INDEPEM)= CAPACITY. While performing work under this Agreement.the
CITY, its employees, agents, representatives, consultants or contractors, shall act in an
Form Fd. Ill/OI
Page 9 of 11 Pages
independent capacity from the DEPARTMENT, and not as offices, employees or agents
thereof.
B. CONTRACTADMINISTRATOA The DEPARTMENTshallassignaProject
Manager to an as the Contract Administrator on behalf of the DEPARTMENT under the
toms of this Agreement. As the DEPARTMENT's representative, the Contract
Administrator shall have authority to stop the work if necessary to avasre proper
execution thereof in accordance with tome of this Agreement. All bills or invoices for
payment, progress reports, claims, eorrespondmce and all project related submissions
from the CITY shall be seat directly to the Contract Administrator.
C. LIABII115'. Any amount paid out by the DEPARTMENT arising out of or from any
crude, omissions or failures on the part of the CITY to meet professional standards of
cerebration engineering and inspection shall be recovered from the CITY by reductions
many reimbursements due it under the tarns of this Agreement or by any other legal
means. The DEPARTMENT shall promptly, mtl"c CITY if dry potential claim
arises under the provisions ofthis Article. The CITY shall be affirded full opportunity
frradefenseagainstanysuchclaim. flit is subsequently determined that any such
reduction on my rambursenent due the CITY by the DEPARTMENT waseither
arbitrary, capricious or Laudulas, than arty amount so reduced shall be paid promptly.
D. INDEMNBrICATION. The CITY shall indemnify and hold beardless the
DEPARTMENT and its officers, agents and employees from my and all claims, suits or
liabilities of every land or natme dising out of or firm my negligent, intentional,
malicious or criminal act, error or omission by the CITY or my of its coasultmts or
contractors occurring as the result of my work undertaken by the CITY pursuant to this
Agreement. This provision shall survive my nomination or expiration of this Agreement
as hereinafter provided order Article V, Paragraph C. Nothing buein shall, nor is
intended to, waive my defense immunity, or Insulation of liability which maybe available
to the CITY or the DEPARTMENT, its or the'v officers, agents or employees, order the
Maine Tort Claims Act pursuant to the provisions of Section 8101 et seq. in Title 14 of
the Maine Revised Statures Annotated (hereafter MESA) ormy other privileges or
immuoitiea as may be provided by law.
E. CONFIDENTIALITY. Thepdtiohemtoageethatallinfb n timpertardngto
engineering cost estimates and my right-of-way matters, ifapplicable, shall be kept
confidential pursuant to the provisions of 23 MRSA § 63.
F. EQUAL M0LOYhfENT OPPORTUNITY AND AFFIRMATIVE ACTION. During
the performance of my work undertaken pursuers to this Agandow t, the CITY shall not
disarmarmte against my employee or applicant for employment relating specifically to
such work because of race, color, religious creed, sex, rational origin, ancestry, age or
physical handicap. The CITY shall take affirmative action to insure that all each
employees or applicants are treatnd without regard to their race, Who, religion, sex, age
or national origin during the period of each work.
Ob83
PM8827.00
Form Ed 11/2/01
Page 10 of II Pages
G. INSURANCE. The CITY shall require my and all consultants, contractors or
subcomracmra performing any of the services or work undertaken pursuant to this
Agreement to be insured is accordance wild the provisions set forth under Section 103.08
of the DEPARTMENT's Standard Specifications.
H. OWNERSHIP. All plans, reports, notes, papers or othertangible work produced by or on
behalfofthe CTTY underthe tams ofthis Agreement shall be the property oftbe
DEPARTMENT and shall be Nmed over to the DEPARTMENT upon request
following completion or contribution of the project The CITY shall be allowed an
interest theein with its share of the project cost
1. SUBSEQUENT DOCUMENTATION. The parties hereto agree to execute all
doeuuenm and take all actioris necessary or incidental to implement the provisions of this
Agrcemenc.
J. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY shall not soldier, sell,
Transfer, assign or otherwise dispose of this Agreement or my portion thereof or any
Tight title or interest therein without the express written counter of the DEPARTMENT.
No contract agreement or Transfer of this Agreement shall To my case release or relieve
the CITY from my liability under this Agreement.
K ENTIRE AGREELw1ENT. This Agreement conmins the entire agreement between the
parties hereto relative to all matters of the project and neither party shall be bound by my
statement corespordencq agreement or representation made previews hereto which is
not expressly contained herein.
L. TEPMNATION. The DEPARTMENT may postpone, suspend, abandon or otherwise
terminateaAgreement upon written notice to the CITY and in no event shall my such
=ban be deemed a breech ofcontr=t. In the event that the reason for termination is
other dim for any failure by the CITY, the DEPARTMENT shall give the CITY a
written thirty (30) day notice ofterminatim. Postponement suspension, abandonmmt or
imagination may be taken fa my reason by the DEPARTMENT or specifically as the
result of my f 'lure by the CITY or my contractor thereunder to perform my of the
services required underthia Agreemenito the satisf=tine ofthe DEPARTMENT. Upon
receipt ofwrittea notification from the DEPARTMENT that this Agreemem is to be
postponed, suspended, abandoned or lerminmed for my of the foregoing reasons, the
CM or my contractor the m ander guilt immediately cease all work or services subject
to such nomination, ination, except any work required to protect public health and safely, and tum
over to the DEPARTMENT within thirty (30) days Mowing the effeofive data of such
commination, all project records, documentation and construction materials m place or
purchased for the project pursuant to this Agreement. Upon receipt of such records,
documentation and materials, the DEPARTMENT shall reimburse or mange a
settlement with the CITY in me of the following marinas:
PM8821.00
Farm Ed. 1112101
Page 11 f11 Pages
I. If the postponement, suspension, abandonment or terminatio is for my remora other
then that ad forth mita subparagraph 2 below, the CM shall be reimbursed for all
work or services accomplished up mfil the daze of such termination.
2. If the postponement, smi rasion, abmdonmerd or termdnadm is the result of my
failure by the CITY or tiny contractor themmder to coronet any msatisfactory
performance after receiving fifteen (15) days written mfice Goo the
DEPARTMENT setting form the basis ofsmh dissatisfaction, the CFTY's
mimbursemm[ shall be limited to paymmi for accepmble work or services
accomplished up until the date of sub terMmtim.
V. TERMS OF AGREEMENT
A Anofthon of the
fonhunder three
shall from drpoa Insertory
completion ofthe terms set forth therein he three (3) years from the date hereof
whichever occurs fust, unless othemise termina[Ai sooner or extended late in writing az
herdnbefoe provided under Article 1, Pimgmph 0.2.
B. All of the provisions ad forth Eder Articles III and IV, except Article IV, Paragraph D,
shall expire neon satisfacrory completion of me terms set forth Eder Article M, wilds
tetmimbedl sooner or extended later N ending as hereinbefore provided Eder Article I,
Paragraph 0.2.
C. The indemnification provision set fordo male Article IV, Paragraph D shall remain in fail
force and effect indefinitely or mtil specifically terminated, modified or amended in
writing by the parties berem or negated by any operation of law.
VI. APPROVAL
This AGREEMENT has been approved and signed in duplicate by the parties below and
becomes effective on the day and date first above written.
wi'mess
Mews
ph II/SMI
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
By.
W T. Foseer, Director
Basan ofPrgrect Development
CITY OF BANGOR
By:
Edward A. Barren, City Manager
02-83