HomeMy WebLinkAbout2000-08-28 00-318 ORDERCOUNCIL ACTION
Date: "most 28, 2 Item No.: 00—uti
Item/Subject: Authorizing City Manager to Execute local Project Agreement with NIDOT—Traffic
Signal & Intersection Improvements Broadway & Burleigh Road (PIN) 7832.00
Responsible Department Engineering
Commentary:
The attached Order authorizes execution of a routine Local Project Agreement with MDOT,
covewing the local administration of this proposed traffic signal and intersection
improvements at the intersection of Broadway and Burleigh Road (PIN) 7832.00.
We have executed similar agreements on a number of previous MDOT projects. Execution
of the agreement is recommended. Acopy is attached. (�
j Deparmene Head
Manager's Comments II /1 (1 Ili p 11
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CiN M rager
Associated Information:
Budget Approval:
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Legal Approval:
of cuo.
Passage
First Rending
Referm
Page
Asmpoeito CoMcH*r MId"cl August 38. 2000
CITY OF BANGOR
(=E.) Order,
By the Ory Cound ofBre Ory NAzga:
ORDEREDz AuWwizing Oty Maoegerro Pxemte Local Project AB mt vnW MDOT—T c
Sigel & Intersection Imryovementa Broadway & Budeigh Road(PRJ) 7832.00
THAT the City Maeagm a hereby authorized and duvcted to execute a Loral Project
Agmement mrnh the Maine Depazonmt of Tanspmtimn covering the local administration of this
proposed traffic signal and inumection improvements ofBroadxay & Burleigh Roel (PUJ) 7832.00.
A copy of the agmvnent is attechad.
M CIW WMCIL
A t 28, 2000
Passed
00-318
ORDER
TM, Aathotisln City M ger to
Btenute Local Project Agreement with
p - tta fic glgoal 6 Inteisecti
lwrm meats - Broadway 6 Burleigh
goad (M) 7%iswmdw
r.l l
00-318
LOCAL PROJECT
AGREEMENT
BE7WBEN THE
STATE OF MAINE
DEPARTMENT. OF TRANSPORTATION
AND78E
CITY OF BANGOR
REGARDING
PROPOSED TRAFFIC SIGNAL & INTERSECTION IMPROVE
BROADWAY & BURLEIGR ROAD
ENDER
FEDERAL AID PROJECT NO. STP -7832(00)
PROJECT IDENTIFICATION NUMBER (PIN) 7832.00
This AGREEMENT is meted into on this day of ,2000by
and between the STATE OF MAPLE DEPARTMENT OF TRANSPORTATION (hereafter
DEPARTMENT) ant the CITY OF BANGOR, a body corporate and politic located in the
County ofPecobscot (hereafter CITY) regarding the development, design and construction of
locally -administered project to install a fully -actuated traffic signal and make other improvements
at the intersection ofHroadway, and Butleigh Road in Bangor under Federal Aid Project No.
STP-7832(00)IPryem Identification Number (PIN) 783200 (hereaflttproject) as follows:
A The purpose ofdw project is to install a fully-aomated traffic signal ant make other
improvements at the intersection of Broadway and Burleigh Road, including widening and
improvements to the comer rade on said Barleigh Road. The total participating war of
the project as defined under Article B, Paragraph A.1 shall not exceed the sum of
Fq?t Nme TAoruandF Hwdred(SSP,SPR) Dollars without the express written
approval of the DEPARTMENT as hereinafter provided under Pamdmaph 0.1.
Reimbursement as hereinafter provided under Arcade D shall be limited to no mm than
ninety (90°/a) powers of mch participating oust after deducting a local share of at least ten
(10%) percent as hereinafter provided under Article D, Paragraph B.
B. The CITY shall submit a line item budget to the DEPARTMENT for approval baud
upon a derailed assume ofproject wets.
1. Once such a budget is approved, expenditures subject to reimbursement as hereinafter
provided shall net ex«ed any single coo category or budge line item amount by any
more than ten (10%) percent without approval of the DEPARTMENT.
10-318
PIN 1832. 00
F Pd 8,10/0?
Page 2 of 11 Pages
2. In no event shall the total of all such expenditures eroeed the total =earn allowable
for the project as hereinafter provided under Paragraph 0.1.
C. The CITY shag cot perform or authorze any services or work order this Agreement
without fust receiving the express approval to do so in writing from the DEPARTMENT.
1. Such approval shall be comingent upon the DEPARTMENT receiving authorization
from the Federal FLghway Administration (hereafter FRWA) for federal participation
in the project costs hereinbefore described. Any costs incur ad 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 If.
2. Sachs approval shall also be containers upon lite CM execuing aAIvmcipaVXWe
Agreement simultaneously herewith agreeing in operate and maintain the traffic signal
as instilled under the project and to maintain all other improvements included
therewith.
D. The CM shall develop and prepare all of thus 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 far federal -aid projects. The CTCV shall submit all such plans,
specifications, estimates and contract documents to the DEPARTMENT for review said
approval prior to procuring any such contract.
1. All plans shall muaeurs M inches by 36 inches and include the level of detail necessary
to command such improvements in a mammr satisfactory to the DEPARTMENT.
Such plans shall include signal timing, phase diagrams, rates and proposed signal
layout as well as title or cover shout, plan and profile, typical sections, standard details,
special details and cross sections.
2. All plana and contract documents shall specify that the traffic signal be installed and
all other improvements be constructed in compliance with the DEPARTMENT's
"StmdardSP fiwtimfs XighsodBOges"(hereaft«Standard
Specifications), NEMA dual ring standards and the DEPARTMENT'S highway
design standards as sen forth in its "highway Design Guide".
3. Constmctionoftheprojeclshallalso comply with the DEPARTMENT's utility
mmodatiov pofry an set ford nt iter "Po0ry On Above Grouts Utility
ZacaBau". The CM shall be responsible for all necessary utility coordination as
follows:
a. The CITY shall certify to the DEPARTMENT shat all utilities potentially affected
by the proposed highway improvements have been notified and offered plans of the
proposed improvements.
PIN 7832.00
Form Fd 8/10/00
Page 3 of 11 Pages
b. prior to the approval of find plans as hamburger provided, the CITY shall certify
W the DEPARTMENT that all mccoomy utility adjustments or education have
been coordinated with the affected mility.
0. Amunuk involving force second procedures shall require the express approval of the
DEPARTMENT.
5. Upon approval of final design, at plans so approved shill become known as thefuml
plmas(hereafter Final Plans),
E. The CITY may contract for engineering and design related servosl as necessaryto
develop, design or construct the project, provided the selection and retention of my
individual or fum to provide or famish any, engineering or design related services for the
project (herealter cwuvlrant) shall be based upon qualifications in accordance with the
-
DEPARTMENT's oonauhant salacious and rwedion procedures.
1. No contract for such services shall be awarded without the express approval of the
DEPARTMENT and FDWA pursuant to the provisions ad forth under Part 172 of
Title 23 in the UnsuallSoles Code oiFederal Regulmions (hereafter CPR) specifically,
those provisions set forth therein under Section 172.5(d).
2, The CITY slid) specifically monitor all work performed under wry, such contract
pursuant to the provisions of 23 CPR 172.13.
3. The DEPARTMENT may accept or reject any more positioned or procured under
my such contract parents w the provisions of CFR 172.5(d).
F. The CITY shall develop and prepare all envirmmsental studies and reports necessary for
the project as directed by flue DEPARTMENT. NI such studies and reports shall be
submitted to the DEPARTMENT for review, comment will acceptance.
G The DEPARTMENT shall prepare and submit to FRWA for coaurrma all
emvomnerral documentation required for the project under the provisions of the
National iroruaenlalPoOry Act (NEPA).
H. The CITY shall obtain all pemtits necasaryto construct the project.
L The CITY shall solicit the participation of the public in the development of the project
upon completion of preliminary design and the development of a Preliminary Design
Report (PDR), prior to maturing my final design.
7. Thence of all public land under the mnlersldp and control of the parties hereto shall be
nude available for all purposes necessary or incidental w the project without any cost to
the project.
00-318
PIN2832.00
Pam Ed. 8/10/00
Page 4 or H Pages
1. The DEPARTMENT shag retain all right, title and interest that it presently holds in
and to cry of the Property used for the project
2. Any municipal pmperythas is used for the project shall be dedicated for public use in
perpetuity by the CPPV for no long as the improvements oxammod under the
Project, or otherwise intended by the project, eansts.
a: Such dedication shall include a suitable boundary line or engineering description
sufficient to locate and define each land with ties to a reproducible control line.
b. Awpy of such dedication with description aforesaid shall be forwarded to the
DEPARTMENT prior to being allowed to solicit for bids to construct the project.
3. The CITY may awuve and famish any additional right-of-way necessary to construct
ad maintain the project prior to being allowed to solicit for bids to construct the
project, provided:
a All such fight -of -way be acquired in accordance with the U j Relocation
Aavamme and Real Pa lyAcquisition Policies Actof1970 as ameraled by the
United State Congress in 1962 (Uniform Act) purmant to the provisions set forth
under 49 CFR Part 24.
b.The CITY certify that all such right-of-way was acquved and available in
accordance with the provisions of the Uniform Act and free of all encroachments
prior to being allowed b solicit for such bids.
c. The CM banish to the DEPARTMENT a right-of-way map or similar plan
prepared in accordance with the DEPARTMENTS specifications derailing all
right-of-way so required.
d. Reimbursement for the rest of such acquisition shall be contingent upon prior
appruval "e DEPARTMENT
K. Upon approval by the DEPARTMENT, the CITY shag solicit for competitive bids and
award a rentrad to conftruU the project as follows
1. Competitive bids shall be solicited to commuct the project in accordance with the
plans and specifications approved by the DEPARTMENT.
2. Such solicitation and all procedures permitting to the procurement of such a contract
shag be in accordance with the DEPARTMENT's procurement policy and procedures
for federal -aid projects, undess approved otherwise by the DEPARTMENT.
3. Both the CITY ad the DEPARTMENT shag have the right to accept or reject any
and all bids received as a result of such solicitation.
00-318
PIN ]832.00
x P 8/1o,o0
Page 5 of 11 Pages
4. The CITY shall not award my such contract without the express approval ofthe
DEPARTMENT.
5. Such contract shall specify that the project be constructed in compliance with can
Standard Specifications,
C Upon such award, the CITY shell message for a preconstruction meeting to coordinate
the construction of the project with the DEPARTMENT, the tenement, and any and
all utilities and other Parties directly involved hi such construction.
L. The CITY shall admirdster such a conhect so awarded and provide all of the necessary
supen+sion, iruPation and documentation required to ensure that the project is completed
in a satisfactory manner in accordance with the Final Plans and Standard Specifications as
hereinafter provided.
L The CITY shall provide a full-time qualified employee to be in responsible charge of
the Project
2. The I= shall use procedures acceptable to the DEPARTMENT to measure and
document the quantity and quality of all work performed under this Agreement and to
two the materials used therein as an accunh and uniform roamer. All documentation,
including 0 source donations used as the basis of payment for such work shall -
become a matter ofraord and retained as hereinafter provided under Article Iq
Paragraph A
3. All traffic throughout the work areas on the project shall be controlled N accordance
with the provisions of Pan VI of][11MAlA''s'Mmuw! on Uniform Truk Control
DevA%sf $beepcdHglnxrys"WMCD).
4. Upon completion of the projen, the CITY shall provide a compliance certification
from a registered Professional Engineer authorized to practice in the State of Maine
that the project was constructed in a atisfactory manner in accordance with the Find
Plain and Standard Specifications and that the quantity and quality of all work
performed under this Agreement and all of the materials used in such construction
were measured and documented as hereinbefore provided and met all specification
requirements ofthe construction contras.
M The DEPARTMENT may inspect construction activities and all documentation
pertaining thereto at any time during the period of construction and may test my of the.
mat rials; wed therein to emsure compliance with the Find Plans and Standard
Specifications TheDEPARTMENTmay reject anyworkormateridsnot in such
compliance. Upon completion ofconstmetion, the DEPARTMENT may inspect the
project to determine the acceptability thereof prior to paying my find claim for
reimbursement of project tests as hereinafter provided cruse Article IT, Paragraph C.2.
go -31a
PIN 1832. 00
Form Fd 8/10/00
Page 6 of 11 Pages
N. The CITY shell update the Final Plans as necessary to show all changes or additions made
during the period ofwnstrudion. Upon completion of each construction, the CMA"
fiunish to the DEPARTMENT a reproducible set ofup-to-date Final Plans as'As-Bath
Plans "showing all details of the project as constructed on mylar sheen; measuring exactly
22 inahes by 36 inches, or sheets of the same sin on any equivilent medium of archived
quality which is suitable and acceptable to the DEPARTMENT for pemmnent filing.
O. The CITY shall make no changes in the stype or objectives of the project, or any of the
costs thereof other than as hereinafter provided, without the express written approval of
the DEPARTMENT.
1. An approved change shall be required to increase the war of the project whenever
expenditures are expected to eccesd any, approved single cast category or budget Gran
ite n amount by more than ten (10Th) percent as hereinbefore provided under
Paragraph B.1 or whenever the total of all participating project weds as defined under
Article U, Paragraph A is expected to exceed the sum as hereinager allowed. Tow
event shall the total of all such Participating project costs, together with all costs
inverted by the DEPARTMENT as hereinafter provided under Article D, Paragraph
D, exceed the wan of Fifiy-Nine Thousand Fire Handred(159,500) Dollars
without the express written approval of the DEPARTMENT.
2. An approved change shall aim be rationed to revise, modify or change the mope or
objectives ofdtt projw w any of the wet sharing or reimbursement provisions set
forth herein, to Week or shorten the period of this Agreement or to change any of the
other terms amt forth herein.
P. The CITY shall assure that all work undertaken by the CITY or any of its consultants or
cotdramora pursuant to this Agreement conforms to all applicable federal,. state and local
lawn. Specifically, federal Jews and regulations covering such work are set foo under
Tide 23 is the U5ailaSmtes Code (hereafter USC) for applicable statutory law and 23
CFR for applicable admiustmdve law. General administrative requinmwts relativeto
federal firnded activities are Who contained under 49 CFR Part Ie entitled "Unifons
Adminishative Requftms msjot Grants and Cooperative Agreements to Sante and Local
Govermnenv". Allowability for participating cone is set forth and described in the
Executive Office of the President ofthe United States' OSce of Management and Budget
(OMB)Cirwla A-gTmithlod"Ca Prinaplesfor Scoreand o tGocermnenU".
H. 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) by providing federal funds available to it
through FRWA (hereaderfederal Are) err the rate of ninety, (90%) percent of all project
wets deemed eligible for federal participation (hereafterpaaiapatingpwiect cask) in
accordance with all applicable federal laws and regulations as set forth under Article I,
Paragraph P, to the esssent that the total of all participating costs shall not exceed
Fgbr-Nhre Thousand Five Hwdred (159,500) Dollars without the express written
PM7831.00
Pram Pd 8110/00
Page ] oJ1l Pages
approval of the DEPARTMENT u hereinbefore provided under Article I, Paragraph
0.1.
B. TheCTTV dull be responsible for at least ban (Imo) percent of a project costs, including
all project tons rumored by the DEPARTMENT, and any project costa deemed ineligible
for federal penicipatma under the provisions of Article I, Paragraph C.1 and Paragraph
C.5 below, unless otherwise agreed to in writing as hereinbefore provided under Article I,
Paragraph O.2.
C. The DEPARTMENT shall reimburse me= for no more than muety(g0°/a)percent of
all project costs incurred by the CITY as follows.
1. The CITY shall bill the DEPARTMENT no less man monthly for all claims for all
allowable d'vce[ and actual participating project cons incurred under the provisions of
this Agreement. Such cons are incurred whatever work is performed, goods and
services are received or a cash disbursement is made. All claims for such cons shall be
submitted on she CM's billbead or invoice and he itatdred in at least the same detail
as itemized in the approved project budget. The CITY shall show its share of such
cons on all claims submitted for reimbursement. Each claim so submitted shall include
an acmrouletive tool for all costs incurred by cost category or budget line item. Each
claim shall also include a certification from a qualified employee in responsible charge
of the project that all amounts so claimed for reimbure meed are correct, due and not
claimed previously and mat 0 work for which such reimbursement is being claimed
was performed in scoordance with the terms of this Agreement or any specific contract
applicable thereto approved by the DEPARTMENT under the most of this
Agreement.
2. In the event that less thin One Thousand ($1000) Dollars in such reimbursable cons
are incurred in any one month period or regularly scheduled billing period of at Inst
one month duration, the CPPV shall defer any such claim therefor until the nut month
or regularly scheduled billing period in which m least One Thousand ($1000) Dogma
in and reimbursable were have been incurred or until the last or final claim is
submitted for reimbursement. Payment ofarry final claim maybe subject to a final
inspection ofthe project by the DEPARTMENT to determine the acceptability
thereof as hereinbefore provided under Article S Paragraph M.
3. The DEPARTMENT shall deduct all of the CIFY's share of such costs as described
undo paragraph above prior to malting airy reimbursement, including, from time to
time, its share of those coats incurred by the DEPARTMENT to develop, map= and
administer the project as therein provided, and nnoinagc as hereinafter provided.
4. The DEPARTMENT shall withhold and retain two and ons -half (2X%)percent of
all such reimbursements until all wok undertaken by the CPPV pursuant to this
Agreement is completed satisfactorily. The DEPARTMENT may retain temporarily
or pemunen0y arty portion of such reimbursements m retained which it deems
00-318
PW 7832.W
Form Ed 8/IO/00
Pogo 8 of 11 Pages
equitable and such time as all things requ'ined ofthe CITY under this Agreement are
received, completed or accomplished to the satisfaction of the DEPARTMENT.
5, Ifthe CITY withdraws fiom the project, suspends or delays work onthe project or
takes some other anion, including my acts afcommission or omission, without
concurence of the DEPARTMENT which remits in the loss offedeal participation
in my of the reimbumable costs as provided herein, the CITY shag be responsible for
all ofthe federal dare of such cons and, if necessary, shall refund to the
DEPARTMENT all of the federal share of my reimbursements received which
mbse puently become ineligible for federal participation.
ID. RECORD RETENTION, ACCESS REQUIREMENTS & ADDIT
A. The CITY shall maintain all project records for at lean a period ofthree (3) years from
the date of the last or final submission of claim for reimbursement for project costs le
accordance with the provisions of 49 CFR 1842(6), except as otherwise provided under
subparagraph 1 below.
1. In the event that my litigation, claim, negniafion, audit or other action involving such
records has begun prior to the expiration of such period, tlsen all records shall be
retained well all action and resolution of all issues arising theeGom are complete if
such action or resolution extends beyond the three year period hmeinbefore described.
2. The CITY dull measure that in accordance with the provisiosu of 49 CFR 18.42(3), the
DEPARTMENT and FIRMA, mrd if necessary, the Comptroller General of the
United States, or my of their authorized representatives, shall have full access at any
mei all reasonable anus to ell records of Ne project for all purposes necessary to make
awl examinations, excerpts or transcripts.
B. The CITY shall assure that all applicable and@requirements we mer in accordance with
the provisions of OMB Circular A-128.
IV. GENERAL PRO VISIONS
A. INDEPENDENT CAPACITY. The CITY, its employees, agents representatives,
comultmts or contractors, shall, in performance of the work under this Agreement, act in
an independent capacity from the DEPARTMENT, and not as officers, employees or
agents thereof.
B. CONTRACTADhDNISTRATOR. The DEPARTMENTshallassignaPrject Manager
toad as the Contract Administrator on behalf of the DEPARTMENT under the terns of
this Agreement. As the DEPARTMENT's representative, the Cmtod Adminhanum
WWI have =theory to stop the work ifnttesury to ensure proper execution thereof in
accordance with terns of this Agreement All bil or invoices for payment, progress
reports, claims, corespondetme and ell project related submissions fiom the CM shall
be sent directly to the Contract Administrator.
0o-318
PIN 1832.00
Foran Ed. 8/10/00
Page 9 of 11 Pages
C, ISAE]=. Any amount paid out by the DEPARTMENT arising out of or from any
errors, omissions or failures an the part of the CITY to mat proRssional standards of
construcfion engnteering std inspection shag be recovered from the CM by reductions
in any reimbursements due k under the tame of this Agreement or by any other legal
aware The DEPARTMENTshallprompdynotiLythe ClTPifarypotatialcleimerism
under the provisions of this Article. The CITY shall be afforded full opportunity for a
delete against any suds claim. If it is subsequently determined that any and reduction in
any reimbursement due the CITY by the DEPARTMENT was either arbitrary, capricious
or fraudulent, than any amount an reduced shall be paid promptly.
D. INDEMNIFICATION. The CITY shall indemnify and hold harmless the
DEPARTMENT end as officers, agents and employees from any and all claims, suits or
liabilities; ofevery kind or name arising out of or Dom any negligent, intentional,
malicious or criminal act, error or omission by the CITY or any of its conedmmds or
contractors occurring as the result of any work undertaken by the CITY pursuant to this
Agreement. This provision shall survive mytermination or expiration ofthis Agreement
as hereinafter provided under Article V, Paragraph C. Nothing herein shall, nor is
intended to, waive any dei nse immunity m limitation of liability which may be available to
the CITY or the DEPARTMENT, its or thew officers, agents or employees, under the
Maine Tort Claims Am pursuant to the provisions of W MRSA § 8IOl et seq. or any
other privileges or Immunities as may be provided by law.
R CONFmENTIALITY. The parties hereto agree that where applicable, all indornamum
pertaining to detailed cost estimates shall be kept conddeaid pursuant to the provisions
of 23 MRSA § 63.
F. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION. Doing
the performance ofary work undertaken pwwam to this Agreement, the CITY shall net
discriminate against any employee or applicam for employmem relating specifically to
such work because Brace, color, religious creed, sex, rational origin, ancestry, age or
physical handicap. The CITY shall take aNnnative snion to ensure the all such
employees or applicants are (named witbom regard to their race, color, religion, say age
or rebound origin during the period of such work.
G. INSURANCE. The CITY shall nniu've any and all conumnews, contractors or
subcontractors performing any of the services or work undemken pursuant w this
Agmemesd to be insured in accordance with the provisions set forth under Section 103.08
ofthe DEPARTMENT's Standard Specifications.
IT, 0WNERSII2. Miplans.reports,alas,papasormhermngibleworkpwducedbyoron
behalfofthe CITY under the tensa ofthis Agreement shell be the property ofthe
DEPARTMENT and shall be turned ova to the DEPARTMENT upon request
followingwmpletionortend uonofth¢project The ClTYshallbedlowedan truest
therein commensurate with its share ofthe project cost.
00.318
PIN 1831 N
Form 8110100
Page 10 ofll Pages
I. SUBSEQUENT DDCUME ATION. The parties hereto agree to execute all
documents and take all actions neceasmy or incidental to implement the provisions of this
Agreement
T. SUBLETTING, ASSIGNMENT ORTRANSFER The CITY shall not sublet, sell,
trenskr, assign or otherwise dispose ofthis Agreement or any, portion theseofor any right,
title or hmteettherein without the express written consent of the DEPARTMENT. No
contact, agreement or transfer of this Agreement shall in any cam release or relieve the
CTLY from any liability under this Agreement.
K. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
parties hereto relative to a mavem of the project and neither party shell be bound by any
ataimusat, correspondence, agmanent or representation made previous hereto which is
not expressly contained herein.
L. TERMINATION. The DEPARTMENT may postpone, suspend, abandon or otherwise
terminate due Agreements upon written notice to the CITY and in no event shall any such
anion be deemed a breach ofcormaa. N the evert that the reason for temmation is
other then for any faihue by the CITY, the DEPARTMENT shall give the CITY a
written thirty(30) day notice of termination. Postponement suspension, abandonment or
termination may be taken for any reason by the DEPARTMENT or specifically as the
result of any failure by the CITY or any contractor thereunder to perform any of the
services required under this Agreement to the satisfaction of the DEPARTMENT. Upon
receipt of written notification horn the DEPARTMENT that this Agreement is to be
postponed, suspended, abandoned or ternwated for any of the foregoing reasons, the
CITY or my contactor thereunder shag immaiimely cruse 0 work or services subject to
such termination, except my work repaired to protect public health and safety, and mm
over to the DEPARTMENT within thirty (30) days following the effective data of such
termiMtion, all project records, documentation and construction materials in place or
purchased for the project pursuant to this Agreement. Upon receipt of such records,
documentation and mataids, the DEPARTMENT shall reimburse or mmnge a
settlement with the CITY in one of the following manners
1. If the postponement, suspension, abandonment or termination is for my reason other
than that set forth under subparagraph 2 below, the f:ITy shall be reimbursed for all
work or services accomplished up until the data of and termination.
Z If thepostponement,suspension, abandonment or termination is the result of any
failure by the CITY or my contactor thereunder to correct my onsmisfsmory
performance after receiving fifteen (15) days writted notice from the DEPARTMENT
setting forth the basis of such dissatisfaction, the CITY's reimbursement Ball be
limited to payment for acceptable work or services accomplished up until the date of
men terrumantion. .
00.318
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Form Ed 8/10/00
Page v of 11 Pages
V. TERMS OF AGREEMENT
A. All of the provisions set forth uMer Articles I and D shall expire upon saesfactory
completion of the terms set forth therein or three (3) years from the date hereof,
whichever occurs fire[, unless otherwise terminated sooner or Wended later in writing a
provided under Article x Paragraph 0.2.
B. All of the provisions set forth under Articles M and N, except Article N, Paragraph D,
shall expire upon satisfactory completion of the terms set forth under Article IR, unless
terminated sooner or extended taw in writing ae provided under Article I, Paragraph 0.2.
C. Theitdentrdficwion provision set forth under Article N, Paragraph D shell remain in Poll
form and eBect indefinitely or mad specifically terminated, modified or amended In
writing by the parties hereto or negated by any operation of law.
N. APPROVAL
This AGREEMENT has been approved end signed in duplicate by the parties below and
becomes eBeUive on the day anal date fust above written.
STATE OF MARVE
DEPARTMENT OF TRANSPORTATION
By.
Warren T. Foster, Direcror
Bureau ofProjectDnalopmeat
BY.
Edward A. Barratt
CiryMaimger