HomeMy WebLinkAbout2000-09-25 00-364 ORDERCOUNCIL ACTION
Date: September 25. 2000 Item No.'. 00-364
Itcm/Subject Authorizing City Manager to Execute Local Project Agreement with MOT -Prnposed
Level HI Resurfacing Improvemenb to Sure S1reeW.S. Route 2,PBi 7830.00
Responsible Department Engineering
Commentary:
The attached Order gatherers execution of a routine Local Project Agreement with MDOT,
covering the local administration covering the local administration to make Level III
Highway Resurfacing improvements to a Portion of State Street, also known as U.S. Route 2,
in Bangor.
We have executed similar agreements on a number of previous MDOT projects. Execution
of the agreement is recommended. A copy is attached.
par(menl HeaQ
Manager's Comments:
4�mC.®rvaMOso �(�ep.w�`
pGTti.i? ryManagn
Associated cine tion:
Budget Approval:
vm,ce Dnxt
Legal Approval:
CirySdt nn
® Passage
Fird Reading
ReRnal
Page of
00-364
Aangmd to Couoeil" Rohman Septe b,r 25, 2000
/p CITY OF BANGOR
(TITLE.) 4tlP31Pir
Authorizing City Manager to Execute Loeal Project Agreement with
"'"""MOOT—Propoaed[Rvel ID Resutiaeittg Improvettiarts to State
StreefN.S. Route 2 PW 7830.00
BY tile iffy Comial of City ofReagan.
ORDERED. -
TWT
the City Manager is bereby authorized and directed to execute a Local
Project Agreement witb the Maine Department of Transportation covering
the local admirdstmtion no make Level 111 Highway Resurfacing
improvements to a portion of State Stet, also known as U.S. Route 2, in
Bangor.
A copy of the agreement is attached
IN CITY COMCIL
Septet er 25. 2000
Passed
�^W-364-366
L
C CLQ T c OR DER _
Title. luthoxizing City Manager to Execute
Loral project dgrement with mYr - Proposed
Level III Resurfacing Tmpo[vecea[a [o State
..............................
S[reet/ll. S. . gou.te 2. YM IR 783 >830.00
Councilman
00-364
LOCAL PROJECT
AGREEMENT
BETwEENTHE
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
AND Tim
CITY OF BANGOR
REGARDWS
PROPOSED LEVEL III RESURFACING IMPROVEMENTS TO
STATE STREET/U.S, ROUTE 2
UNDER
FEDERAL AID PROJECT NO. STP -7830(00)
PROJECT IDENTIFICATION NUMBER (PIN) 7830.00
This AGREEMENT is emend into on this day of , 2000 by
ate behveen the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (hereafter
DEPARTMENT) and the CETY OF BANGOR abody corporate and politic located in the
County ofPenobscot (hereafter CITY) regarding the development, design and construction of
locally -administered project to make LowlH3Htghway Resurfacing improvernents to a portion of
State Street also known as U.S. Route 2, in Bangor, as hereinafter described, under Federal Aid
Project No. SIP-]830(00)/Project Identification Number (PEN) 7830.00 (hereaRerprojec0 as
fogovar
A. The purpose of the project is to nuke Level lD highway resurfacing improvements to
portion of said State Strain, beginning at Hogan Road and Warding northerly for a
distance of about L% kilometers. or about 122 miles, to the Veaae town line, including
shoulder rehabilimtion, guard nal replaost em, drainage improvements and additional
curbing where needed. The total participating cost of the project as defined under Article
H, Paragraph A,I shall not exceed the sum of Five Hundred Thirty TAourand (5530,000)
AvAl mwithout the amputees written approval of the DEPARTMENT as hereinafter
provided under Paragraph 0.1. Such participating cost shall include a local share often
(10%) percent as hereinafter provided under Article D, Paragraph B. Reimbursement as
hxdvafter provided under Article H shall be limited to aney, (90a/o) percent of net
parlicipafing project cost not to exceed Pere Hundred Twenty -Five Thousand (5525,000)
Dollam as hereinafter provided under Paragraph B.2.
B. The CITY shall submit a fine item budget W the DEPARTMENT for approval based
upon a detailed estimate of project costs.
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1. Once such a budget is approved, expendinnes subject to reimbursement as hereinafter
provided shag not exceed my single cost category or budget fine hem amount by my
more than ten (I Ms) Meant without approval ofthe DEPARTMENT.
2. In an event slug the total ofall each expenditures exceed the sum cfPm Hundred
Tsv mpFrve TBousand ($515,000) DaUms; unless agreed otherwise by the
DEPARTMENT as hereinafter provided under Paragraph O.2. Suchsumisbased
upon the net amount available for the project after deducting all coats expanded by the
DEPARTMENT to develop the project up until the date of this Agreement.
C. The CITY shag rat perform or authorize any services or work under this Agreement
without first receiving the express approval to do so in writing from the DEPARTMENT.
1. Stich approval ahall he contingent upon the DEPARTMENT receiving authorization
from the Federal ITrghway Adumbration (fiereafter Fill for federal participation
in the project was hereinbefore described.
2. Any com 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 R.
D. The Cl'IY shall develop and prepare all of the necessary design plaru,specifications,
estimates and conm et documents for the project as directed by the DEPARTMENT in
accordance wish the DEPARTMENT's standards and procedures for procuring
construction contracts for federal -aid projects. The CM shall submit all such plans,
specifications, estimates and mntract documents to the DEPARTMENT for review and
approval prior to procuring any such contrail.
1. Ali plans shall memure M inches by 36 inches and include the level of detail necessary
to construct such improvements in a manner satisfactory to the DEPARTMENT.
Such plans may include, but are not necessarily limited to: title or cover shcet, plan and
profile, typical sections, standard details, special details and cross sections.
2: All plms and contract documents shell specify that the project be constructed in
compliance with the DEPARTMENT's "Slmndmd Specifrcamonsfo Highways and
Bridges" (hereafter Standard Specifications) and shag conform to the
DEPARTMENT's highway design standards as set forth in its "Highway Design
Guice.,.
3. Contraction of the project shall al so comply with the DEPARTMENT's utility
accommodation policy as set foNr in its "Policy On Above Gourd Utility Location".
The CM shag be responsible for all necessary uNity coordination as fogows:
a. The CITY shell urtify to the DEPARTMENT that all utilities potentially affected
by the proposed highway improvements have been notified and offered plans of the
Proposed improvements.
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b. Prior to Ne approval of final plans as hereinafter provided, the CPTY shall artily
to the DEPARTMENT that all necessary utility sdjunmen t or relocation have
been coordinated with the affected utility.
4. Any work involving force account procedures shall require the express approval ofthe
DEPARTMENT.
5. Upon approval of final dcsfl q all plans so approved shall become known as thefeml
plms (hereafter Final Plans). .
E. The CM may contract for engineering and design related services as necessary to
develop, design or construct the project, provided the selection and retention of any
irdividiW or firm to provide orf ms any engineering or design related services for the
project (hereafter cmunlmnt) shill be based upon qualifications in accordance with the
DEPARTMENT's consultant selection and retention procedures.
1. No contractfor such services shall be awarded without the ecpreas approved of the
DEPARTMENT and FIRMA pursuant to the provisions set forth under Pact In of
Title 23 in the ibdred Stmes Code afFe rrl Regelmlons(hereafter CFR) specifically,
those provisions set forth therein under Section 172.5(d).
2. The CFFP shall specifically monitor all work performed under any such contract
Fortunes to the provisions of 23 CFR 1'12.13.
3. The DEPARTMENT may aaem or reject any work performed or procured under any
such contract pureuant to, the provisions af23 CFR 172.5(d).
F. The CITY shell develop and prepare dl environmental studies end reports nxessary for
the 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.
Cr The DEPARTMENT shall prepare and submit to PRIMA for consonance au
environmental documentation required for the project under tin provisions ofthe Narrowed
Emiromnemal Poficy Act (NEPA).
H. The CITY shall obtain all permits necessary to contract the project.
I. 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, prior to initiating any final design.
J. The CITY shall certify that ample right-ofway is available to construct and maintain the
project arta that such right-of-way is free of all encroachments that could interfere wish
such construction prior to being allowed to solicit forbids to construct the project.
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1. Theme of all public land under the ownership and control of the parties henna shag be
made available for all purposes necessary or incidental to the project without arty cost
to the project
a. The DEPARTMENT shall retain all right, title and interest than it presently holds
in and to any of the property used for the project.
b. A" municipal property that is used far the project shall be dedicated for public use
in perpetuity by the CITY for an long as the improvements concocted under the
project, or otherwise intended by the project, exists.
1) Such dedication shag include a suitable boundary line or engineering description
sufficient to loofa and define such land with ties to a reproducible control line.
2) A copy of each dedication with description aforesaid shall beS arded to the
DEPARTMENT prior to being allowed to solicit for bids to consumer the
project,
2. The DEPARTMENT shall provide A of the righeof-way resemch necessary to
determine the location of the northerly right-of-way Home of the Danger and
Aroostook Railroad in the area immediately adjacent to State Street within the limits of
the project.
3. Many additional right-of-way is necessary to adequately construct and maintain the
project, than the CITY shall acquire such right-of-way as hereinafter provided.
a. All such rgdbt-ofway shall be acquired in accordance with the Uita mRelocafiom
Assistance aefReal ProperlyAcquidelan Policies Act of 1970 as amended by the
United State Congress in 1987 (Uniform Act) pursuant to the provisions ad forth
under 49 CFR Part N.
b. The CITY shag certify that all such right-of-way was acquired and is available in
accordance with the provisions of the Uniform Act and is free of all encroachments
prim to being allowed to solicit forbids as hereinbefore provided.
4. The CITY shag Randall tothe DEPARTMENT a rigMofway map or similar plan
prepared in accoNmce with the DEPARTMENT's specifications dealing any
right-of-way acquired for or dedicated to the project.
K. Upon approval by the DEPARTMENT, the CITY shall solicit for competitive bide and
award a contract to construct the project in accordance with the Fund Plans and Standard
Specifications as follows:
I. Such solicitation and all procedures pertaining to the procuremem 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.
00-364
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2. Both the CITY and the DEPARTMERT shall have the right to accept or reject any
and all bids received as a result of such solicitation.
3. The CITY shall rot award says such contract without the express approval of the
DEPARTMENT.
4. Upon such award, the CITY shall mangle for a precons!ruction meaning to coordinate
the construcYon of the project with the DEPARTMENT, the Warrantor, and any and
all tongue; and other parties directly involved in such wnstrucdon.
L. The CM shall admbdat such a contract w awarded and provide all of the necessary
supervisioq inspection and documentation required to insure that the project is completed
in a eeoafa tory manner in accordance with the Ford Plans and Standard Specifications as
hereinaftftar provided.
1. The CITY shill provide a full-time qualified employee to be in responsible chmge of
me project.
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
teal the materials used therein in an accurate and uniform manner. All documentation,
including ell source documents used as the basis of payment for such work shall
become a matter of record and retained a hereinafter provided under Article III,
Paragraph A
3. All traffic throughout the work area on the project shall be contacted in ammdencs
with the provisions of Part VI ofFHWA's 'Mmmal an Ui � Traffic Cwmal
DetacesforStreets anif ighavys-(MIITCD).
4. Upon completion of the project, the CITY shall provide a compliance certification
from a regialmul Professional Engineer authorized to practice in the State of Maine
Mat the project was constructed in a satisfactory mouser in accordance with me Final
Plans and Standard Specifications and that the quantity and quality of ell work
performed under this Agreement and all of the materials used in such constitution were
measured and documerded ea hereinbefore provided and met all specification
requirements of the construction wntmor
M. The DEPARTMENT may inspect construction of the project and all documentation
Featuring thereto at any, time during the plod of construction and may tat any of the
materiels used therein to ensure compliance with the Final Plans and Standard
Specifications. The DEPARTMENT may reject any work or materials not in such
compliance. Upon wmpletion ofconmudon, the DEPARTMENT may inspect the
project to determine the acceptability thasomfprior to paying any final claim for
reimbursement of project were in hereinafter provided under Article B, Paragraph C2.
N. The CITY shall update the Fiscal Plans in necessary to show all changes or additions made
during the period ofconstrudon. Upon completion of coatrodon. the= shall
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famish In the DEPARTMENT a reproducible an of up-to-0are Final Plans as'AnBuiit
Plain" showing ell derails of the project as constructed on mylar sheets measuring exactly
M inches by 36 inches, or sheets of the sane sift on airy equivdent medium of archival
quality which is suitable and acceptable to the DEPARTMENT for permanent Sling.
O. The CITY aball make no changes in the scope or objectives of the project, or arty, of the
costs thereof other than as hereinafter provided, without the express written approval of
the DEPARTMENT.
1. An approved change shall be requved b increase lire cost of the project wbenever
expenditures are expected to wood my approved single cost category or budget line
item mnount by more am ten (I00A) percent as hereinbefore provided under Paragraph
B.I or whenever the teal of all participating project costs as defined under Article H,
Paragraph A is expressed to exceed the mm a hereinafter allowed. In ro event shall
the mw of all such participating project costs, together with all cava incurred by the
DEPARTMENT as hereinaHer provided under Article R, Paragraph B, exceed the
sum of Five Ruadrel Thirty 77rouaand(5530,000) Dallars 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 ofthe project or any of the cost sharing or reimbureemem provisions an
forth hmein, to emend or shorten the period of this Agreement or to change any ofthe
other terms set Posh herein.
R The CITY shall assure that all work undertaken by the ClTTl or my of its consultants or
contractors pursuant to this Agreement conforms to all applicable federal, stare and loud
Tawe. Specifically, federal laws and regulations covering such work are set forth under
Title 23 in the Udled Sores Code (hereafter USC) for applicable statutory law and 23
CPR for applicable administrative law. General admintsnative requirements relative to
federal fulled activities are also conmened under 49 CFR Part 18 emitted "Unf
Adminernahve lfrgsu rae%&jor Grants and Coopera0ve Agreements to Stare amfLmod
Governments". Allowability for paticipming was is an Porth and described in the
Executive Office of the President of the United States' Office of Management and Budget
(OMB)Circular A-8]entitled "Cost Pri Plesfor Stare ardLocal G'avemmenls".
Q. The CITY ahall maintain all improvements consUuc[ed under the project in such a matter
as is necessary to preserve the use and function thereof as intended by the project, all in
particular, such maintenance shell a least be consistent with the sane kinds and level of
maintmana provided by the CITY for all other similar streets and ways maintained by the
CITY.
M COST SHARING& REIMBURSEMENT PROCEDURES
A The DEPARTMENT shag be responsible for a portion of the cost to develop, design and
construct the project (hereafter projecl corny) as follows:
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1. The DEPARTMENT shag provide federal funds available to it through PHWA
fareaRerjedend slime) u the rate of eighty and twenty-eight hundredths (80,28%)
percent of all project was deemed eligible for federal participation (hereafter
pamsnPmrrrgpjwI cans) in accordance with ell applicable federal laws and
regulations as set froth under Article 1, Paragraph P, he the agent that the total aall
partiup ring coats shell cut exceed Five Hundred Thiry TAoasand($$30,000)
Duffers without the express written approval of the DEPARTMENT as hereinbefore
provided under Article 1, Paragraph 0.1.
2. The DEPARTMENT shall also provide all of the non-federal or reaching share of
all participating project mats hereinbefore described after deducting the CPCY's share
ofsuch coats as provided under Paragraph below.
B. The CITY SW 1l be responsible for at least trn(I(yi) percent of all project costs, including
all project was incurred by the DEPARTMENT, and any project was deemed ineligible
for federal participation surer the provisions of Article 1, Paragraph C.2 and Paragraph C.5
below, unless otherwise agreed to N writing as hereinbefore Provided under Article 1,
Paragraph 0.2,
C. The DEPARTMENT shall reimburse the CITY for no more than ninety (90s/o) percent of
all project mets incurred by the CM as follows:
1. The =shall bill the DEPARTMENT an less than monthly for all claims for all
allowable direct and actual participating project costs incurred under the provisions of
this Agreement. Such costs are incurred whenever work is performed, goods and
services are removed or a cash disbursement is made. All claims for such costa shag be
submitted on the CITY's bighead or invoice and be itemized in m least the same dead
as itemized in the approved project budget The CITY shag show its share of such
was; on 0 claims submitted for reimbursement. Each clam so submitted shag include
an accumulative total for all costs incurred by cost category or budget line item. Each
claim shad also include a certification from a qualified employee in responsible charge
of the project that all amounts so clamed for reimbursement are correct, due and act
claimed previously and that all work for which such reimbursement is being clamed
was performed in accordance with the terms of this Agreement or anry specific contract
applicable thereto approved by the DEPARTMENT under the terms of this
Agreement.
2. In the event that less than One Thousand ($1000) Dollars in such reimbursable were
are incurred in any one month period or r4Blslady scheduled billing period of at least
ore month duration, the= shall defer any such claim therefor until the rest month
or regularly scheduled billing period in which at least One Thousand ($1000) Dollars in
sucb reimbursable costs have been incurred or until the last or final claim is submitted
for reimbursement Payment of my final claim maybe subject to a final inspection of
the project by the DEPARTMENT to determine the acceptability thereof as
heronbefrre provided under Article 1, Paragraph M
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3. The DEPARTMENT shall deduct all ofthe CUFY's share of such costs as described
under Paragraph B above prior to making any reimbursement, including, from time to
time, its share oftMu costa incurred by the DEPARTMENT to develop, inspect and
administer the project as therein provided, and retainage as hereinafter provided.
4. The DEPARTMENT shall withhold and retain two and ono -half (2'A %) percent of all
such reimburuments until all work undertaken by the CITY purwum to this
Agreement is completed satisfactorily. The DEPARTMENT may retain temporarily
or permanently any portion of such reimbursements an retained which it deems
equitable umd such time as all things required of the CITY under this Agreement are
received, completed or accomplished to the satisfaction of the DEPARTMENT.
5. Ithe CITY withdraws from the project, suspends or delays work on the project or
takes same other aaioo, including any ads of commission or omission, without
concutresce of the DEPARTMENT which results in the loos offedeml participation in
any of the reimbursable coda as provided herein, the CM shag be responsible for all
of the federal share of such costs and, if necessary, shall refund to the
DEPARTMENT all of the federal share of any reimbursements received which
subsequently became ineligible for federal participation.
M. RECORD RETENTION, ACCESS REQUIREMENTS At AUDIT
A. The CITY shall maintain all project records for at least a period ofth xm(3) years from the
date of the lest or foul submission of claim for reimbursement for project coats in
accordance with the provisions of 49 CPR 18.42(b), except as otherwise provided under
subparagraph 1 below.
L In the event that my gtigation, dans,negotiation, audit or other action involving such
records has begun prior to the expiration of such period, than all records shall be
retained untg all action and resolution of all issues arising therefrom are complete if
such action or resolution extends beyond the three year period hereinbdore demnbed.
I The CITY shall assure that in accordance with the provisions of 49 CFA 18.42(3), the
DEPARTMENT and FRWA, and if necessary, the Comptroller General of the United
States, or any of their authorized representative; shall have full access a my end all
reasonable times to all records of the project for all purposes necessary to make audits,
examinations, excerpts or transcripts.
B. The CITY shall more the all applicable audit requirements me and in accordance withthe
provisions of OMB Circular A-128.
IV GENERAL PROVISIONS
A, WDEPBNDENT CAPACITY. The CITY, its employers, agents representatives,
consulmnrs or conductors, stag, in performance of the work under this Agreement, act in
an iMependem capacity from the DEPARTMENT, and not as officers, employees or
agents thereof.
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B, CONTRACTADM[NISTRATOR The DEPA]I M TshellmsignaProjMlAwwgw
to act as the Counter Administrator on behalf ofthe DEPAR'T'MENT under the [arena of
this Agreement As the DEPLRTMENT's representative, the Contract Administrator
shalllovewu 6tywstoptheworkifmcestrytoensureproperesemtimthereofk
accordamewhhtetwsoflhis Ageemew. Allbglsorimoicesfmpayment,progreas
reports, claims, wreespoedence and all project related submissions Rom the CTFY shag be
ant directly to the Contract Administrator.
C. ]LIABILITY. Anyamountpaidombythe DEPART NTarisi goutofor Romany
errors, omissions or failures on she part of she CM to mat professional standards of
construction engineering and inspection shag be recovered from the CITY by reductions in
say r¢hvdarsemente due it under the terms of this Agreement or by any other legal means.
The DEPARTMENT shall promptly notify the CITY if any potential claim arises under
the provisions ofRds Article. The CITY shag be afforded fall opportunity for a defense
against any such claim. RU is subsequently determined that arty such reduction in any
reimbursement due the CM by the DEPARTMENT was either arbitrary, capricious or
Raudulem, than any amount so reduced shall be paid promptly.
D. INDEMRDTCATION. The CITY shag indemnify and hold between; the
DEPARTMENT and its officers, agents and employees from any and all claims, suite or
gabiliuct of every, kind or nature wising out of or from any negligent, intentional, malicious
or criminal act, error or omission by the CITY or any of its consultants or contractors
occurring as the reault of any work undertaken by she CITY pursuant to this Agreement.
This provision shall survive any termination or expiration of this Agreement ee hereinafter
provided under Article V, Paragraph C. Nothing herein shall, nor is mounded w, waive any
defense immunity or limitation of liability which may be available to the CITY or the
DEPARTMENT, its or their officers, agents or employees, under the Maine Tort Claims
Act pursuant to the provisions of 14 MRSA § 8101 at sea, or any other privileges or
immunities a; maybe provided by law.
R CONIFTD 117Y. The parties harem agree that where applicable, all iMotwation
pertaining to rigMaf--wry matters and to deailed mat estimates shall be kept confidential
pursuant to the provisions of MRSA § 63.
F. EQUA1. M 1.0YMENT0PPORTONITYANDAFFIRMATWE ACTION. Dunngthe
performnce ofany work undertaken pursuant to this Agreement, the CITY shall not
discriminate against my employee or applicant for employment relating specifically to such
work because of race, color, religious creed, ass, national origm, ancestry, age or physical
handicap. The CITY shall take affirmative action b ensure that all such employees or
applicants are treated without regard to their race, color, religion, sex, age or national
origin during the period of such work.
G. INSURANCE. The CITY shall require any and au consultants, contractors or
subcontractors Worming airy of the servces or work undertaken pursuant to this
Agreement a be insured in accordance with the provisions set forth under Section 103.08
of the DEPARTMENT's Standard Specifications.
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H. OWNERSH@. All plans, reports, sales, papers or other tangible work produced by or on
behalf of the CITY undo the terms of this Agreanent shall be the property of the
DEPARTMENT and shall be turned overW the DEPARTMENT upon request fallowing
conipktion wtemdnution ofinepject. The CTIYsballbeallowedanhuereathoein
commensurate with its sore of the ingw cost.
I. SUBSEQUENT DOCUMENTATION. Thepartesbereoagreetoexa aldocuments
and take all actions necessary or incidental to implement the provisions oftbis Agreement.
J. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY shall not sublet, sell
transfer, assign or otherwise dispose of this Agreement or any portion thereof or any right,
title or interval therein evident the express written coment of the DEPARTMENT. No
contract, agreement or transfer of this Agmement shall in eery case release or relieve the
CITY from any lability under this Agreement.
E. ENTIRE AGREEMENT. This Agreement contains the entire agreement betwcen the
parties harem relative to all matters of the project and neither party shat be bound by any
smtemom, correspondence, agreement or representation made previous hereto which is not
expressly contained herein.
L. TERMINATION. The DEPARTMENT may postpone, suspend, abandon or otherwise
temente this Agreement upon written notice to the CITY and in no event shall any such
anion be deenced a breach cfcontract. In the ever that the reason far temdmtion is otha
door for any failure by the CITY, the DEPARTMENT shall give the CM a written
thirty (30) day notice of termination. Postponement, suspension, abandonment or
termination may betaken for any reason by the DEPARTMENT or specifically as the
result of my failure by the CITY or eery contractor thereunder to perform my ofthe
services required under this Agreement to the satisfaction of the DEPARTMENT. Upon
receipt of written notification from the DEPARTMENT that this Agreement is to be
postponed, suspended, abandoned or terminated for my of the foregoing reasons, the
CITY or my contractor thereunder shall immediately cease all work or services subject to
such temtimtion, except my work required to protect public health and safety, and tum
over to the DEPARTMENT within thirty (3 0) days following the effective date of such
termination, all project records, documentation and construction materials in place or
pureimsedfartlmp jeetpurmammthis Agreement. Uponseceiptofsuchrecords,
documentation std materials, the DEPARTMENT still reimburse or arrange a settlement
with the CITY in one of the fallowing mamwrs'.
1. If the postponement, suspension, abandonment or termination is for azry reason other
than that act forth under subparagraph 2 below, the CITY shall be reimbursed for all
work or services accomplished up unfit the date of each ternm ation.
2. If the postponement, suspension, abmdorme m or termination is the result of my
failure by the CITY or my contractor thereunder to correct any unsatisfactory
performance after receiving fifteen (15) days written notice from the DEPARTMENT
setting font the basis of such dissatisfaction, the CITY's reimbursement shall be
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limited to payment for acceptable work o services accomplished up until the daze of
such termination.
V. TERMSOFAGREE&ENT
A. AlloftheproviAmsaetforthutda Articles Iced Rahal pkeuponmtisfirctory
wmpldion of the terms an forth therein or Wee (3) years from the data hereof, whichever
occurs first, undess otherwise terminated wo ter or extended later inventing as provided
under Article I, Paragraph 0.2.
B. All of the provisions set forth under Articles M and W, except Artide W, Paragraph D,
shall Were upon avisfuctory completion of the tams set forth under Article 10, undess
temonated sooner or extended lata in writing as provided under Article 1, Paragraph 0.2.
C. The indemNficaion provision eat forth under Article IV, Paragraph D shell remain in full
force and effect indefinitely or until specifically terminated, modified or amended in writing
by the parties hereto or negated by any operation of law.
W. AFFROVAL
This AGREEMENT has been approved rand dgimd in duplicate by the parties below and
becomes effective on the day and date that above written.
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
By.
Warren T. Fester, Director
Bureau oJProjeaDemelopmeN
CITY OF BANGOR
By.,
W0mav EdawdA. Barre# -
C NMmmger