HomeMy WebLinkAbout2002-01-28 02-84 ORDERDUNCIL AMON
Item No. 02-86
Date: Janna y 28, 2002
Rem/Subject Authorizing City Manager W Execute Local Project Agreement with
MOOT - Traffic and Pedestrian Improvements to Improve Traffic
Circulation in Downtown Area (PIN) 30027.00
Responsible Department: Engineering
Commentary:
The attached Order authorizes exertion of a routine Local Project Agreement with
MDOT, covering the local administration of the proposed Traffic and Pedestrian
Improvements to Improve Traffic Circulation in the Downtown Area. (PIN) 10027.00.
We have executed similar agreements on a number of previous MOOT projects.
Execution of the agreement is recommended. A mpy Is atta d.
� /� Deparhnent Hea
Manager's Comments: �yo.�l4wvo-� r.��
W
City Manager
Associated Inf amation:OAkA, 04W.rcW
Budget Approval:
Legal Approval:
aty olichar
Introduced for (r^wA+
Passage
_ First Reading Page—
of-Referral
02-96
Assigned to Comwilor Baldacci SanvsrT 29. 2002
C .y�
CITY OF BANGOR
(UTU.) Order,
Authorizing City Manager to Execute A Local Project
Agreement with MDOT - Traffic and Pedestrian Improvements to
Improve Traffic Circulation in the Downtown Area (PIN)
10027.00
By B,e aty f Uncf/ofine city OfBangor..
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 Traffic and Pedestrian Improvements to Improve
Traffic Circulation in the Downtown Area (PIN) 10027.00
A copy of the agreement is attached.
In CITY COUNCIL
January 28, 2002
Motion Made and secwded
for Passage
Passed
cl cgeeN
02-84
ORDER
Title, Authorizing City Manager to
factors a Local Project Agreement with
IOIOT - Traffic and Pedestrian Improvement
to IWrove Traffic Circulation in the
Downtown Area (PIM) 10027.00
Assigned to
' Councilor
02-86
LOCAL PROJECT
AGREEMENT
BETWEEN TBE
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF BANGOR
REKJ R 111(3
PROPOSED TRAFFIC & PEDESTRIAN IMPROVEMENTS
TO IMPROVE TRAFFIC CIRCULATION IN THE DOWNTOWN AREA
D Idk
FEDERAL AID PROJECT NO. STP -1002(700)
PROJECT IDENTIFICATION NUMBER (PIN)10027.00
This AGREEMENT is e0eed into on this day of , 2002 by
and between the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (hereafter
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 construction
of a locally -administered project to anise certain track and pedestrian improvements proposed
as the second phase to improve traffic circulation in downtown Bangor under Federal Aid Project
No. STP-I002(700)/Projed Identification Number(Pl 10027M(hereafterproject) as follows:
A The purpose of the project is to make certain traffic and pedestriun improvements to
improve traffic circulation in the downtown area as set forth and described in the Bangor
Buse ss District Phase 2 Study, consisting of improvements necessary to conamet longer
traffic islands, construct improvedpedestrian messing facilities and to intemounect traffic
signals. The total participating con of me project as defined under Article R, Paragraph
A.1 shall not escood Two Hundred Forty Thousand ($240,000) Dollars without the
express written approval of the DEPARTMENT as herevufter provided under Paragraph
0.1. Reimbursement as hereinafter provided under Article D shall be limited to no more
than eighty-five (S5%) peeem of such participating cost after deducting a local share of
at least fifteen (15%) percent as hereinafter provided under Article q Paragraph B.
B. The CITY shall submit a line ]tem budget to the DEPARTMENT for approval based
Won a detailed estimate of project costs.
PJArl W2Z00
Form F.. 12/27/01
Page 2 ofM Pager
1. Once such a budget is approved, expeadiuues subject to reimbursement as hereinafter
provided shall net exceed any single cost category, or budget line item amount by any
more than ten (109/,) percent without approval of the DEPARTMENT.
2. In no event shall the total of all such expenditures exceed the total amount allowable
for the project as haeinafer provided order Paragraph 0.l.
C. The CITY shall not perform or authorize any services or work under this Agreement
without first receiving the express approval to do so in writing from the
DEPARTMENT.
L Such approval shall be contingent upon the DEPARTMENT receiving authorization
from Ear Federal f3ighway Administration (hereafter FRWA) for federal participation
in the project costs hereinbefore describe&
2. Any more incurred by the CITY prim to receiving such approval from the
DEPARTMENT shall be ineligible for federal participation and therefore not
reimbursable by the DEPARTMENT under the provisions of Article H.
D. The CITY shall develop and prepare all ofthe 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 proc. ^^g
construction contracts for federal -aid projects. The CITY shall submit all such plans,
specifications, estimates and contract documents to the DEPARTMENT for review and
approval prior to procuring any such contract.
L All plans shall measure 22 inches by 36 inches and include the level of detail
necessary to construct such improvements in a manner satisfaab ry to the
DEPARTMENT. Such plans may include, but are not necessarily limited to: title or
cover sheet, plan and profile, typical savour, standard details, special details and
cross sections.
2. All designfeatures shall cormarm or the standards used by the DEPARTMENT as set
forth in its "Highway Design Guide "and "StandardDetamfor Highways and
Bridges "and comply with the DEPARTMENT'S utility accommodation policy as
set fmlh in its "Polity On Above Ground torr iNLocanons". Avy modifications to
traffic signals shall conform to NEMA dual ring standards.
3. All plans and contract documents shall specify that the project be constructed in
compliance with the DEPARTMENT's "S4andard Specification far Highways and
Brdgas"(hereafter Standard Specifications).
4. The CITY shall be responsible for all necessary utility coordination and shall certify
to the DEPARTMENT that all utilities potentially affected by the proposed highway
improvements base been notified and offered plans of the proposed vuprovavenrs.
Prior to the approval of final plans as hereinafter provided, the CITY shall certify to
oz -ea
PM10027.00
Form Ed. 12127101
Page 3 of 11 Pages
the DEPARTMENT that all necessary utility adjustments of relocation have been
coordinated with the affected utility.
5. Any work involving force account procedures shall require the express approval of
the DEPARTMENT.
6. Upon approval of final design, all plans so approved shall become known as thefinal
plans increases Proal Plans).
E. The CITY may compact for engineering and design related services as necessary to
develop, design or retailers the project, provided the selection and retention of my
individual or firm to provide or famish any engineering or design related services for the
project (hereafter consuteam) shall be based upon qualifications in accordance with the
DEPARTMENT's consultant selection and retention procedures.
1. No contract for such services shell be awarded without the express approval of the
DEPARTMENT tied FHWA pursuant to the provisions set forth under Part 172 of
Title 23 in the Untied Soares Code of Federal Regulations (hereafter CPR)
specifically, those provisions set foods therein ander Section 172.5(d).
2. The CITY shall specifically monitor all work performed under any such contact
pursuant to the provisions of 23 CPR 172.13.
3. The DEPARTMENT may accept or reject any work performed or produced order
my such contract pursuant to the provisions of 23 CFR 172.5hp,
F. The CM shall develop and prepare all environmental studies and reports necessary, for
Me project as directed by the DEPARTMENT. All such studies and reports shall be
submitted to the DEPARTMENT, from time to time; for review, comment and
acceptance.
G. The DEPARTMENT shall prepare and submit to FHWAf concurrence all
rwental docmventatron required for the project under the provisions of the
National Environmental Policy Act (NEPA).
H. The= shall obtain all permits necessary to contact the project
1. The CITY shalt solicit the participation of Use public in the development of the project
upon completion ofpretimmary design and the development of a preliminary, Design
Report, prior to initiating any final design.
1. The CITY shall certify that ample right-of-way is available to construct and maintain the
project and that such right-of.way is fice of all ®croachmems that could interfere ovith
such construction prior to being allowed to solicit forbids to construct the project.
o2-
PM1002y.00
Form Ed =7101
Page 4 of 11 Pages
1. Theuseofallpublic landunderthe ownersldp aMcontrol oftheparries berate shall
be made available for all proposes necessary or ivcidmW to the project without any
costtotheproject.
a The DEPARTMENT shall retain all right, title aral interest that it presently
holds in and to my of the property used for the project.
b. Any municipal property that is mail for the project shall be dedicated for public
use in perpetuity by the O vfor so long m the improvements committed order
the project, or otherwise intended by the project exists.
1) Such dedication shall include a suitable boundary line orengineering
description sufficient an locate and define such local with ties to a reproducible
control line.
2) The CITY sball forward a copy of such dedication and description to the
DEPARTMENT.
2. The MY shall acquire andfurrush my additional right-of-way necessaryto
construct and maintain the project.
a All such right-of-way shall be acquired in assordame with the Unfma;
Relocation Assistance and Real Property Acquisition Policies Act of 1970 as
amended by the United Sure, Congress in 1987 (Uniform Act) pursuant to the
provisions set forth ander 49 CFR Part 24.
b. The ClT shall certify that all such right-of-way was aomared, is available, and
is free of all encroachments in accordance with the provisions of the Uniform Act.
3. The CITY shall fiur w ffie DEPARTMENT a right-of-way map or similarplm
preparel in mcerdmce with the DEPARTMENT's specifications detailing my
right-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 compact to construct the project m accordance with the Final Plans and Standard
Specifications as follows:
1. Such solicitation and all procedures pertaining to the procurement of such a convict
shall be in mcordmce with the DEPARTMENT'S procurement policy and
procedures for federal -aid projects, Mess approved othsvise by the
DEPARTMENT.
2. Doth the C and the DEPARTMENT shall have Weright [o accept m reject any
and 01 bids received as a result of such solicitation.
02-84
PIN 1002200
Form Ed.12127101
Page S of 11 Pager
3. The CITY shill not award any such contract without the express approval of the
DEPARTMENT.
4. Upon such award, the CITY shall manage for a prammurvction meeting to coordinate
the construction of the project with the DEPARTMENT, the contactor, and any and
all utilities and other parties directly involved in such construction.
L. The CITY shall administer such a contract so awarded and provide all of the necessary
supervisiorb mspecaon and documentation requiad to wore, that the project is
completed in a satisfactory manner is accordance with the Final Plans and Standard
Specifications as hereinafter provide.
1. The CFFY shell provide a fall -time qualified employee to be in responsible charge of
the pnoject.
2. The CITY shall use procedures acceptable to the DEPARTMENT to measure and
document the quantity and quality of all work performed under this Agreement and to
test the materials used therein in an accurate and uniform manner. All
documentation, including all source documents used as the basis of payment for such
work, shall become a matter of record and retained as hereutafter provided under
Article III, Paragraph A.
3. All trafficthrouglmut the wodc areas on the project shall be controlled m accordance
with the provisions of Part VI of FIIWA's "Manual on I/n form Traffic Conrad
DevicesforS nab and Highways"(hVJWD).
4. Upon completion of the project, the CITY shall provide a compliance certification
from a registered Professional Engineer anthorined to practice in the State of Maine
that the project was conshvctd in a satisfactory manner in accordance with the Final
Plans and Standard Specifications and that the quantity and quality of all work
performed under this Agreement end all of the materials used in such conmuction
ere measured sad documented as hereinbefore provided and met al specification
xr{uixervemts of the construction contract.
M. The DEPARTMENT may inspect cov.Mrction of the project and all documentation
pertaining thereto a[ any time during the period of construction and may test any of the
materials used therein to, aware compliance with the Final Plans and Standard
Specifications. The DEPARTMENT may reject any work or materials not in such
compliance. Upon completion ofcontraction, the DEPARTMENT may inspect the
project to determine the acceptability thereofprior to paying any land claim for
reimbursement of reject costs as heruiref er provided under Article 4 Paragraph C.2,
N. The CITY shall update the Firm Plans as necessary to show all changes or additions
made during the period of cousmrction. Upon completion ofconetruction, the C=
shall famish to the DEPARTMENT a reproducible set ofup-m-date Final Plans as
"As -Buds Planv"showing all details of the project as commucte on mylar sheets
o2-
PM1002Z00
Form F.. t2/Z7/01
Page 6 of 11 Pages
measuring exactly 22 inches by 36 inches, or streets of the same size on any equivilent
medium of archival quality which is suitable and acceptable to the DEPARTMENT for
Permanent fling.
O. The CITY shall make no cbaages in the scope or objectives of the project, or any of the
costs thereofother than as hereinafterprovided, 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 expected to exceed my approved single cost category or budget line
item amorm by more thav ten (10%) percent as hereinbefore provided under
Paragraph B.1 or whenever me total of all participating project costs as defiand under
Article D, Paragraph AI is expected to exceed the sum as hereinafter allowed. In no
vent shall the total of all such participating project costs, together with all costs
incurred by the DEPARTMENT as hereinafter provided order Article B, Paragraph
B, exceed Two NundredFwty Thousand ($260,000) Dollars without the express
written approval of the DEPARTMENT.
2. An approved change shall also be required to revise, modify or change the scope or
objectives of me project or any of the cost sharing or reimbursement provisions set
forth herein, to extend or shorten the period of this Agreernmt or to change any of the
other tams set forth hater.
P. The CITY shall risme that all work undertaken by the CITY or any of its consultants or
contactors pursuant to this Agreement conforms to all applicable federal, state and local
laws. Specifically, federal laws and regulations covering such waste are set forth under
Title 23 in fie Untied States Code (hereafter OSC) for applicable statutory law and 23
CFA for alaplicable admenstadve law. theocrat administrative requvemmts rebriveto
federally ftmded activities me also contained under 49 CFR Part 18 entitled "Uniform
Administrative Remaremems for Graves and Cooperative Agreements to State and Local
Govermnmts". Allowability ferparticipating costs is set forth and described in the
ExecutiveMceofthe Presidmtofthe United Stge'OfficeofMartage to Budget
(OMB)Circular A-WentidN"Cost Principimfor Stateand Local Governor u'.
Q. TheCITY shall maintain all improvements constructed under theproject in such
manner as is necessary to preserve the use and function thereof as intended by the project.
H. COST SHARING & REIMBURSEMENT PROCEDURES
A. The DEPARTMENT shall beresponsible for a portion ofthe cost to develop, design and
construct the project (hereafterpr ject costs) as follows:
1. The DEPARTMENT shall provide federal funds available to it through P A,
(hereafterfederal share) at the rate of eighty and twenty eight hu beshIs(80.28%)
percent of 0 project casts deemed eligible for federal participation (hereafter
02-
PI 10027.00
Form Ed. 12127101
Page 7 of 11 Pages
participating p jeer cosy) in accordance with all applicable federal laws and
regulations as set forth under Article I, Paragraph P, to the extent that the total of all
participating wits shell not exceed Two Hundred Forty Thousaa ($240,000)
DORM without the express written approval of the DEPARTMENT as ber adiefore
provided under Article I, Paragraph O.l.
2. The DEPARTMENT shall also provide all of the ran -federal ormatching share of
all participating project rusts hereinbefore described after deducting the CITY's share
of an& costs as provided under Pareegreph B below.
B. The CITY shall be responsible for at least fifteen (15016) percent of all project costs,
includingproject bests meaurred by the DEPARTMENT to develop, inspect end
admimmirthe project, mad any project costs deemed ineligible for federedl participation
under the provisions of Article I, Paragraph C.2 and Paragraph C.6 below, unless
otherwise agreed to in writing as hereinbefore provided madam Article I, Paragraph 0.2.
C. The DEPARTMENT shall reimburse the CITY fox no more than eighty-five(85%)
percent of all project costs incurred by the CITY as fellows:
1. In no event shall the total of such reimbursement exceed Two Hundred Pour
Thousand($2",,000) Dollars without the express writum approval of the
DEPARTMENT as hereinbefore provided.
2. The CITY shall bill the DEPARTMENT no less them monthly for all claims for all
allowable direct and actual participating project mats incurred under the provisions of
this Agreement. Such costsare incurred whenever work is performed, goods and
servucass are received or a cash disbursement is made All claims for such costs shall
be submitted on the CITY's lid bead or invoice arm be items dl in at least the same
detail as banded in the approved project budget. The CITY shall show its share of
such casts on all claims submitted for reimbursement. Each claim so submitted shall
include an amummlatrve mW for all rests incurred by con category or budget line
item. Each claim shall also include a certification Gore a qualified employee is
responsible charge of the pjeer that all ammums m claimed far rohnbursement are
connect, due and not claimed previously and that all work for winch such
eimbumement is being claimed was performed in accordance with the tams of this
Agreement or any specific mutual applicable thereto approved by the
DEPARTMENT under the terms of this Agreement.
3. If less than Orae Mousand ($1000) Dollars in such reimbursable bests are incurred in
any one month period or regularly scheduled billing period of n least one month
duration, the CITY shag data tiny such claim therefor until the next month or
regularly mbedule tbilling period in which n least One Thousand ($1000) Dollars in
such reimbursable costs have been incurred or until the last or Inial claim is submitted
fox reimbursement Paymentofmyfrrtalclvmmaybesubjeettoafinalinspe6m
of the projectby the DEPARTMENT m determine the ameptability thamf as
hereinbefore provided under Article I, Paragraph M.
WZ 4
PINI0027.00
Form Ed. 12127101
Page 8 of 11 Pages
4. The DEPARTMENT shall deduct all ofthe ='a 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, its share of those costs incurred by the DEPARTMENT
to develop, inspect and administer the projxt as therein provided and retainage as
hereinafter provided, prior to making any reimbursement.
5. The DEPARTMENT shall withhold and retain two and one-half (2Yc%)percent of
all such reimbmsemrnts until all work undertaken by the CITY pumuant to this
Agreement is completed satisfactorily. The DEPARTMENT may retain tempormily
or permanently any portion of such reimbummrmts so retained which it deems
equitable until such time as all things required of the CITY under this Agreement are
received, completed or accoruplished to the satisfaction of the DEPARTMENT.
6. If the CITY withdraws from the ProjecS suspends or delays wodc on the project or
takes some other action, including any acts of commission or onausion, without
concurrence of the DEPARTMENT which results in the loss of federal participation
in any of the reirubursable project costs described herein, the CITY shall become
responsible for all of the federal share of such costs, and if necessary, shall refund to
the DEPARTMENT all of the federal share of my reimbumemen[ received for such
costs prior to any such loss of such participation.
IT. RECORD RETENTION, ACCESS REQ1J1REMENTS & AUDTT
A. The CITY shall maintain all project records fir at least a period of three(3)years from
the date of the las[ or final submission ofchim her reimbureemen[ for project costs in
accordance with the provisions of 49 CFR 18.42(b), except as otherwise provided under
subparagraph t below.
1. If any litigation, claim, repudiation, audit or other action involving such recoNs has
begun prior m the expiration of such period, thm all records shall be retained unfit 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 assure that in aaordance with the provisions of 49 CFR 18.42(3), the
DEPARTMENT and FDWA, and if necessary, the Compaollev General of the
United States, or any of thein authorized representatives, shall have fall access at any
and all reasonable times to all records of the project for all purposes necessary to
make audits, examinations, excerpts or aanscripts.
B. The CM shall assure that all applicable audit requirements are not in accordance with
the provisions of 014B Circular A-133.
W. GENERAL PROVISIONS
02 e
PTN1002z00
Form Ed 12122/01
Page 9 r,T Pages
A. INDEPENDENTCAPACITY. Wldle pertbrmwgwoxk under this Agreavmt, the
CITY, its employees, agents, represmunives, consultants orcontracoxs, shall actin an
independent capacity firm the DEPARTMENT, and not as officers, employees or agents
thereof.
B. CONTRACT ADMDUSTRATOR. The DEPARTMENT shall assign a Project
Manager to act as the Contact Administrator on behalf of the DEPARTMENT under the
tams ofthis Agreement. Asthe DEPARTMENT'srepres ve,the Contact
Administrator shall have authority to sop the work if necessary o ensure proper
execution Nermfin accordance with terms of Us Agreement. Allbillsorinvricesfor
payment, progress reports, claims, correspondence and all project related submissions
from the CITY shall be sent directly to the Comment Admimsnaor.
C. LIABILITY. Any amount paid out by the DEPARTMENT arising out of or from any
mors, omissions or failures on the part of the CITY to meet professional standards of
instruction engineering and inspection 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 DEPARTMENTshal1prompdynotfytheC=ifmypotentialchrirn
arises under the provisions of Us Article. The CITY shall be afforded full oppordmity
for a defense against any such claim. If it is subsequently, determined that my such
reduction in any reimbursement due the CITY by the DEPARTMENT was either
arbitrary, capricious or fiaudulea, than any meant so reduced shall be paid promptly.
D. 1NDEhINDrlCATI0N. The CITY shall indemnify and hold harmless the
DEPARTMENT and its officers, agents and employees firm any and all claims, suits or
liabilities of every kind or nature arising out of or from my negligent, intentional,
malicious or criminal act, error or omission by the CITY or any of its corumltants or
containers occurring as the result of my work undertaken by the CITY paranoid in this
Agreement This provision shall survive ivy termination or expiation of this Agreanmt
as hereinafter provided under Article V, Paragraph C. Nothing herein shalt' nor is
intended m, waive any defense immunity or limitation of liability which nay be available
to the CITY or the DEPARTMENT, its or their officers, agents or employees, under the
Maine Tort Claims Act pursuant to the provisions of Section 81010 seq. in Title 14 of
the Maine Revved Statutes Annotated (hereafter MRSA) or any other privileges or
maturities as maybe provided by law.
E. CONEIDENTIA]=. The parties harem agree that all ivfommtion pertaining to
engineering cost estimates and m certain right-of-way matters, where applicable, shall be
kept confidential pursuant to the provisions of 23 MRSA § 63.
F. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION. During
the performance of my work undertaken pursuant m this Agreement, the CITY shall not
di cammate against any employee or applicant for employment relating specifically to
such work because ofrwe calor, religious creed, sex, national origin, ancestry, age or
physical handicap. The CITY shall take affirmative action to ensure that all such
02-86
PM10027.00
Form Ed. 12/27/01
Page 10 of]] Pages
employees or applicants are heated without regard to their race, color, religion, sex, age
or national origin during the period of such work
G. INSURANCE. The CITY shall require my and all consultants, contractors or
subcontractors performing my of the services or work undataken pursuant in this
Agreement to be insured in accordance with the provisions set forth under Section 103.08
of me DEPARTMEN'T's Standard Specifications.
K OW RSRTP. All plans, reports,notes, papers or other tangible work produced by or on
behalf of me CITY under the terms of this Agreement shall be Cho property of me
DEPARTMENT and shah be fund over to the DEPARTMENT upon request
following completion or termination ofthe project. TheCMithallbeallowedan
interest Werein commevsumtewith its sbare ofthe project cost
I. SUBSEQUENT DOCUMENTATION. The parties hereto agree to execute all
documents and mke all actions necessary or incidental to implement the provisions of this
Agreement.
1. SUBLETTING, ASSIGNMENT OR TRANSFER. The 0111 shall not sublet, sell,
transfer, assign or otherwise dispose of this Agreement or my portion thereof or any
right; life or interest therein without the express written comrnt of the DEPARTMENT.
No cmamr, agreement or transfer of this Agreement shall in my case release or relieve
the CITY from any liability under this Agreement
K. ENTIRB AGREEMENT. This Agreement continue the entire agreement between the
parties hereto relative to au matters of the project and neither party shall be bound by any
statement, correspondence, agreement or representation made previous hereto which is
not expressly contained herein.
L. TERMINATION. The DEPARTMENT may postpone, suspend, abandon or otherwise
terminms this Agreement upon written notice to the CITY and in no event shall airy such
ration sam for my
by
me pact. th the event TNLE a asoa give me CI On is
othathan for any failure by the CITY, the DEPARTMENT shall give the CITY a
waitenthuty(30)daynoticeoftenuination. Postponement,susp®sion,abmdo rotor
termination may be taken for my, reason by the DEPARTMENT or specifically as the
result of any failure by the CITY many contractor thereunder to pert nn my of the
servioesrequiredunder this Agre mttothesatisfactimofNe DEPARTMENT. Upon
receipt of written notification from the DEPARTMENT that this Agreement is to be
postponed, suspended, abandoned or nominated for my of the foregoing reasons, the
CITY or my contractor thereunder shall immediately cease all work or services subject
to such termination, except my work retained to protect public health and safety, and tum
over he the DEPARTMENT within thirty (30) days following the effective date of such
termination, all project records, docummttion and construction materials in place or
purchased for the project pursuant to this Agreement Upan receipt of such records,
documentation and materials, the DEPARTMENT shall reimburse or mange a
settlement with the CITY in one of the following mamsen;
PIN1002Z00
Form Ed. 1227101
Page 11 ofII Pages
1. Ifihe postponement, suspension, abandonment orterminadon is far any reason other
than that set forth under subparagraph 2 below, the CITY shell be reimbursed for all
work or services accomplished up until the date of such termination.
2. If the postponem eat, suspension, abandomnent or temtination is the result of my
fail= by the CITY m my contractor thereunder to correct any unsaysfactory
performance after receiving fifteen (15) days written notice from the
DEPARTMENT setting foM the basis of such dissatisfaction, the CITY's
reanbarsement shall be limited to payment for acceptable work or services
accomplished up until the date of such tenainatiom
V. TERMS OF AGREEMENT
A. All ofthe provisions set foM under Articles l seat B shall expire upon satisfactory
completion of the terms set forth thereto or three (3) years from the date hereof,
whichever occurs find, unless otherwise terminated sooner or exhvded lata in writing as
hereinbef a provided under Article 1, Paragraph 0.2.
B. All of the provisions set forth under Articles IV and W, kept Article W, Paragraph D,
shall expire upon satisfactory completion of the teras set forth under Article IV, unless
terminated sooner or extended later in writing as hereinbefore provided under Article S
paragraph 0.2.
C. The indemutification provision adforth under Article W, Paragraph D shall remain in full
force aM¢Vett indefinitely m until specifically terminated, modified or amended in
writing by the parties harem or negated by my 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.
Witness
pnh IMM
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
BY.
Warren T. Faster, Direoum
Bureau ofProject Development
CITY OF BANGOR
By.
Edward A. Barrett, City Manager
02-86