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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