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HomeMy WebLinkAbout2000-09-25 00-365 ORDERCOONCB. AMON Date: 6eptenbex 25. 2000 Rem No.: 00-365 lowntSubjecL Authorising City Manager to Execute LocalProject Agreement with MOT -Proposed Tavel ID Resurfacing Improvements to Broadway/Route 15 PIN 9829.00 Responsible Deparunene Engineering Commentary: The attached Order authorizes execution of a routine Local Project Agreement with MDOT, covering the local administration covering the local administration to make Level 111 Highway Resurfacing improvements to a portion of Broadway, also known u Route 15, in Bangor. We have executed similar agreements; on a number of previous MOT projects. Execution of the agreement 6 recommended. A copy is attached. parunenl He ad manager's Commentsn ALTwtG Amnager Associated Information: PC�a��a�,eay' Budget Approval: cfj ✓i Finam'e-� Legal Approval: c S u ® Passage First Reading Refemal Page of Am,ped to Conneilm RoL n September 25. 2000 CITY OF BANGOR (TITLE.) @r31Trt Inheriting City Manager to Execute Local Project Agreement with.., ...."MDOT—Proposed'Level ID Resnrfeaiogrmprovemedre to Broadway/Route 15 PIN ]82].00 By to City Cnvw;I of W City ofBaxper. ORDERED, TUT the City Manager is hereby authorized and directed to execute a Local Project Agreement with the Maine Department of Transportation covering the local administration to make Level III Highway Resury ing unprovements to a portion of Broadway, also known as Roue 15, in Bangor. A copy of the agreement is attached IN CITY mnncn September 25. 2000 Peeved 00-385 ORDER Y Title, "tNertojectiziftAgre CIq manowith Nr CO PP a ta os Local lil. t aq.4". aitL ImOT - Proposed Level III ....... Improve..... to Fro"Y'mute 15, PIF ]82].00 ......... rNunnnAm�gned to Comcilman 00-365 LOCAL PROJECT AGREEMENT BBRVEENTFD: STATE OF MAINE DEPARTMENT OF TRANSPORTATION n ro THE CITY OF BANGOR PROPOSED LEVEL III RESURFACING IMPROVEMENTS TO BROADWAY/ROUTE 15 IWU FEDERAL AID PROJECT NO. STP -7827(00) PROJECT IDENTIFICATION NUMBER (PIN) 7827.00 This AGREEMENT is entered into on this day of , 2000 by and between the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (hereafter DEPARTIYIENT) and the CITY OF BANGOR a body corporate and politic located in the County of Penobscot (hereafter CITY) regarding the development design and construction of locally -administered project to make lavell/lHighue Resurfacing improvements to a portion of -' Broadway, also known ea Route 15, in Bangor, as hereinafter described, under Federal Aid Project No. STP4827(00)'Project Identification Number (PDO 782100 (hereafterproJect) as follows: 't11 M, / .r'ut as A. The purpose of the project is to nuke Level Dl highway resurfacing improvements to portion of said Broadway, beginning af Judson Boulevard and extending northerly for a distance of about 1.37 kilometers, or about 0.85 mile, including shoulder rehabilitation, drainage improvements and additional curbing where needed. The total participating con of the project as defied under Article B, Paragraph A.1 shall Iwt eaceed the sum of Two Hundred FersyFive Thousand (8245,000) Dollars without the express written approval ofthe DEPARTMENT as hereinafter provided under Paragraph 0.1. Suchparticipating cost shall includes local share often (10%) percent as hereinafter provided under Article D, Paragraph B. Reimbursement as hereinafter provided under Article B shall be limited to ninety (90%) percent of net participating project can not to exceed Two Hundred Foray 76muand (8240,000) Dollar as hereinafter provided under Paragraph B 2. B. The CRT shall submit a line item budget to the DEPARTMENT for approval based upon a detailed estimate of project costs. 1. Once such a budgm is approved, e e c cost category ute subject to ret Use iemem as hereinafter provided shall not exceedeny singlecastcategoryor budget T itemT, by my more thin ten (If/,) percent without approval of the DEPARTMENT. 00-365 PIN]821.00 Form Fd 8/31/00 Page 2 of 11 Pages 2. In m even AWI the wW ofall such expmdimres excced the sum of Two Hundred Forty Tkousand ($240,000) Do0ars unless agreed otherwise by the DEPARTMENT eshereinNer provided under Paragraph O.2. Suchsumisbaseduponthenetamoum available for the project after deducting all costs expended by the DEPARTMENT to develop the project up until the data of this Agreement. C. The CITY shall not perform or authorize any services or work under this Agreement without first receiving the express approval to do win writing from the DEPARTMENT. . 1. Such approval shall be exammient upon the DEPARTMENT receiving authorization from the Federal bfighway AdmiWstration (hereafter PH WA) for federal participation in the project costs berei before described. 2. Any costs incurred by the CITY prior to receiving and approval Arm the DEPARTMENT Wall be ineligible for fettered participation and therefore not reimbursable by the DEPARTMENT under the provisions of Article D. D. The CPPV shall develop and prepare all of the necessary design plans, specifications, estimates and contract documents for the project as directed by the DEPARTMENT in accordance with the DEPARTMENT'¢ standards and procedures for procuring construction contracts for federal -aid projects. The CITY shall submit all such plans, specifimtiarw, estimates and contract documents to the DEPARTMENT for review cid approval prior to procuring any such commet. 1. All plans WWI measure 22 inches by 36 inches and include the level ofdetall necessary In construct such improvements in a mamwr satisfactory to the DEPARTMENT. Such plans may include but are not necessarily limited to: title or cover sheet, plan and profile typical sections, standard demils, special details and moss sections. 2. All plans and contract documents shall specify that the project be constructed in compliance with the DEPARTMENT's "&andmdSpecjsczworrjor Highways mrd Bridges"(hereafter Standard Specifications) and shall conform to the DEPARTMENT's highway, design standards as set forth in its "HighwayDesigm Guide". 3. Construction ofthe project shall Wso comply with the DEPARTMENT's utility accmm andazion policy as set forth in its "Policy On Above pound UtifityLoomwass". The CITY shall be responsible for all necessary utility coordination as follows: a. The CPPV shall certify to the DEPARTMENT that all utilifies potentially affected by the proposed highway improvements have been notified and offered plans of the proposed b. Prior to the approval offind plans as hereinafter provided, the CPPV shall certify to the DEPARTMENT that all necessary utility adjustments or saturation have been coordinated with the affected utility. PM781].00 Form Fd 8/31/00 Page 3 of 11 Pages 4. Any wank involving force account procedures shall reports the express approval ofthe DEPARTMENT. 5. Upon approval of final design, all plans so approved shall become known es thefind p(msr(hereafter Fend Plans). E. The CITY may carstrat for engineering and design related services as necessarybe develop, design or concoct the project, provided the selection aha retention of arty individual or from to provide or famish any engineering or design related services for the project (hereafter cornwham) shall be based upon qualifications in accordance with the DEPARTMENT's consultant selection and rerendon procedures. 1. No contact for web services shall be awaded without the express approval of the DEPARTMENT and FR{YA pursuant to the provisions set forth order Part 172 of Title 23 in the UmnafSases Code ofFederul Regulations (hereafter CPR) specifically, those provisions set forth therein under Session 172 5(d). 2. The CITY shall sPttificay monitor all work performed under any web contract pursuant to the provisions of 23 CPR 172.13. 3. The DEPARTMENT may accept or reject my work performed or procured under my web cancer purse m to the provisions of 23 CFR I72.5(d). F. The CITY shall develop and prepare ed environmercal studies and reports necessary fir the project w dteered by We DEPARTMENT. All such swdies and reports shell be submitted to the DEPARTMENT, Dom time to time, for review, comment and acceptance G. The DEPARTMENT shell prepare and wimp to FRWA for coinsurance all cavaronmental documentation required for the project under the provisions ofthe National Emdronmemal Policy Act (NEPA). H The CITY shill obtain all pcmits necessary to construct the project. L The CM &W 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 my find design. 1. The CITY shall certify that ample right-of-way is available to construct and maintain the project and Nut wch right-of-way is flee of all encroachments that could interfere with web construction prior to being allowed to when forbids to concoct the project. 1. TheuseofaUpubficlandundetheownerslsipmdwnwlofthepartiesheetoshallbe made available for all purposes necessary or incidents] to the project without any coat to the project. 00-365 PINl827..00 Form Ed 8/31/00 Page 4 of 11 Pages a. The DEPARTMENT shill Main all right, dile and interest that it presently holds in and to my of the property used for she project b. Any municipal property that is used for the project shill be dedicated for public use in perpetuity by the CITY for so long as the improvements concocted under the project, or mherwiee immded by the Project. edam. 1) Such dedication shall include a suitable boundary line or engineering description sufficient to locate and define such land with ties to a reproducible control line. 2) A copy of such dedication with description aforesaid shall be forwarded to the DEPARTMENT prior in being allowed to solicit for bids to construct the project. 2. Ferry additional right-of-way is necessary to dequacy, construct and maintainthe project, than the CITY shell acquire such right-of-way as hereinafter provided. a All such right-of-way shall be acquired in accordance with the Umfwm lteloazaari Assistance mNRealProperayAcquishum Policies Act of 1970 as amended by the United Sante Congress in 1987 (Uniform Act) pursuant to the provisions sal forth under 49 CPR Part N. - b. The CITY shall certify that all such riglu-of-way was acquired and is available in accordance with the provisions of the Uniform Act and is free of all encroachments prior to being allowed to colicin for bids as hereinbefore provided. 3. The CTIY shall furnish to the DEPARTMENT a right -of --way map or similar plan prepared in accordance with the DEPARTMENT's specifications detailing any 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 coetmet to constmm the project in accordance with the Final Plane and Standard Specifications as fbuows: 1. Such solicitation and all procedures pertaining to the procurement of such a commit slue be in accordance with the DEPARTMENT's procurement policy act procedures for federal -aid projects, imess approved otherwise by the DEPARTMENT. 2. Both the CITY and the DEPARTMENT shall have the right to accept or reject any and all bids received as a result of such solicitation. 3. The CITY shall net award any each contract without the express approval of the DEPARTMENT. 00-365 PIN 7827..00 F Ed 8/311M Page 5 of 11 Pages 0. Upon such award, the CITY shall emergefor a precorottuction meeting to coordinate the construction ofthe project with the DEPARTMENT, the contractor, and stir used ail utilities and other parties directly involved in such construction. L. The MY shall administer such a wnuum so awarded and provide all of the reactionary supervision, inspection and douunentation required to ensue that the project is completed in a satisfactory manner in accordance with the Final Plans and Standard Specifications an hereinafter provided. 1. The CITY shall provide a full-time qualified employee to be in responsible charge of the project. 2. The CITY dull 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 umfomn manner. All documentation, including all source documents used as the basis of paymea for such work, shall become a mater of record and retained as hereinafter provided under Article III, Paragraph A. 3. All haffe throughout the work seas on the project shall be controlled in accordance with the provisions of Part VI ofFRWA's'84mraal on Uniform Traffic Control Devices fur Streets andHiglmu'aYs"(MUTCD). 4. Upon completion of the project, the CITY shall provide a compliance certification Base a registered Professional Engineer mtwriaed to practice in W State of Maine that the projw was constructed in a smisfecmry mania in accordance with the Final Flow anal Standard Specificatiaw and that the quantity and quality ofall work performed under this Agreement and all of the materials used in such construction were measured and documented as hereinbefore provided and mat all specification raluirments of the construction contract. M. The DEPARTMENT may Luper[ construction of the project and all documentation pertaining thereto at any time during the period of construction and may tea any of the materials used therein to ensure compliance with the Final Plans rod Standard Specifications. The DEPARTMENT may reject any work or materials net in such compliance. Upon completion of construction, the DEPARTMENT may inspect the project to decamine the acceprabifity thereof prior to paying any final claim for reimbursement of project costs as hereunder provided under Article IL Paragraph C.Y. R The CM shall update the Final Plans as necessary to show all changes or additions made during the period of construction. Upon completion ofconstnuction, the CITY shall furnish to the DEPARTMENT a reproducible ser of up -to -dale Final Plans as "As -Built Plans".showing all details of the projectasco ahmmedonmylar shcetsmeasuring exactly YY hews by 36 usher, or sheets ofthe senor aiae on any equivgmt madam of archival quality which is suitable and acceptable to the DEPARTMENT for paramount filing. PIN 7827.00 Farm Ed 8131100 Page 6of11 Pages O. The CITY shall make an changesin the scope or objectives ofthe project, or any ofthe costs thereof other than as hereinafter Provided, without the express written approval of the DEPARTMENT. 1. An approved change shall be reposed to incresse the cast of the project whenever expenditure are expected to excced any approved single cost category or budget fine item amount by more than ten (101/4) parent as heneinbefore provided under Paragraph B.1 or whenever the total of all participating project were as defined under Article B, Paragraph A is expected to exceed the sum as hereinafter allowed. In no event shall the total of all such participating project coats, together with all costa incurred by the DEPARTMENT as hereivaRer provided under Article U, Paragraph B, exceed the nun o f Two Anrelived Forty-Fiw Thou saad(S20S,000) Dollars without the express written approvalof the DEPARTMENT. 2. An approved change shall also be required to revise, modify or change the scope or objectives of the project or any of the cunt sharing or reimbmsmndnt provisions sell font heads, be acted or shorten the period of this Agreement or to change any of the other terms set forth herein. P. The CITY shall assure that all work undertaken by the CM or any of its consultants or contractors pursuant to this Agreement cordomis to all applicable federal, state anal local hers. Specifically, federal laws anal regulatums covering such work are set forth under Tide 23 in Use UdedStates Code (hereafter USC) for applicable statutory law and 23. CFR for applicable administrative law. General administrative requirements relative on federal fns ed activities are also contained under 49 CPR Part 18 entitled "UMforrn AAntntsmahve Requirements for Gross ad Cooperative Agreements to Stale ad Local Govermnentr". Allowability for participating costs is set forth and described in the Executive Office of the President of the United States' Office of Management and Budget (OMB)Circular A-87entitled"Cost Primiplesfar SYaremd dGovernmeals". Q. The CITY shall maintain all improvements constructed under the project in such a mermer as is necessary, to preserve the use and function thereof as intended by the project, and in particular, such maintenance shall at least be consistent with the same kinds and level of malmenance provided by the CITY for all other similar streets and ways maintained by the CITY. U. COST SHARING & REIMBURSEMENT PROCEDURES A, The DEPARTMENT shall be responsible for a portion of the cost to develop, design and construct the project(hereafterp ject costs) as follows: 1. The DEPARTMENT shall Provide federal funds available to it through POONA f ameaRerladeral share) at the rate ofaigluy and twenty-eight huMreMhs (80.28%) percent of all project costs dammed eligible for federal participation (hereafter para Virg pro/ect cabs) in accordance with all appliceble federal laws and regulations as set Earth under Arpcle 1, Paragraph P, to the anent that the total of all PIN 7827.00. Forte M1100 Page 7 of II Pages participating costs shag not exceed Due RvndmefForo Five Mansard ($265,000) Dogars without the express written approval of the DEPARTMENT as hereinbefore provided under Article I, Paragraph 0.1. 2. The DEPARTMENT shag also provide PA of the non-federal or matching share of all participating project costs hereinbefore described after deducting the CSTY's share of such costs as provided under Paragraph B below. B. The CITY shag be responsible for 9least ran (10%) potent of all project: costs, including all project costa incurred by the DEPARTMENT, and any project costs deemed ineligible for federal participation under the provisions of Article I, Paragraph C.2 and Paragraph C.5 below, ideas otAewise agreed to in writing as hereinbefore provided under Article f, Paragraph O2. C. The DEPARTMENT shall reimburse the (= for no more than ninety (90°/*)percept of all project mks incurred by the CITY as follows: 1. The CM shall brill the DEPARTMENT no less than monthly for all claimafor all allowable direct and actual participating project costs incurred under the provisions of this Agreement Such costa are banned whenever work is performed, goods and services are received or a crib disbursement is made. All claims for such costs shall be submitted on the ='a bighead or invoice and be itemized in at least the same detail ar itemized in the approved project budge. The CTTY shag show its share of such mks on all claims submitted for reimbursement Each claim so submitted shill include an accumulative total for all costs incurred by mal category or budget lim item. Each claim shag also include a certification from a qualified employee in responsible charge of the project that all amounts m claimed for reimbursement are mrtcc , due and not claimed previously and that all work for which such reimbursement is being claimed was performed in accordance with the terms of this Agreement or arty specific contract applicable thereto approved by the DEPARTMENT under the terms of this Agreement 2. In the event that leas than One Thousand ($1000) Dollars in such reimbursable costs are incurred in any one month period or regularly scheduled billing period of leak one month duratim, the CITY shag defer arty such claim therefor until the next month or regularly scheduled billing period in which at leak One Thousand ($1000) Dollars in such reimbursable costs have been incurred or until the her or final claim is submitted forreunbursement. Payment of any final claim may be subject to a fecal inspection of the project by the DEPARTMENT to determine the acceptability thereof as haeinbeens provided under Article; Pamgraph M. 3. The DEPARTMENT shill deduct 0 of the CITR's alums of such costs as described under Paragraph H above prior to nuking any reimbursement, ipchuding, from time to time, its share of those costs incurred by the DEPARTMENT to develop, inspect and administer the project as therein provided, and retainage as hereinafter provided. 00-365 PIN ]82].00 FormF 8/31100 Page 8 of 11 Pages 4, The DEPARTMENT shall withheld and retain two and mus -half (25S%)partner of all such reimbursements until all work undertaken by the CITY present to this Agreement is completed satisfactorily. The DEPARTMENT may retain tempormily or permanently airy porton of such reimbursements so retained which it deems equitable until such time ss all things required of the C[TY under this Agreement are received, completed or aaomplished to the satisfaction of the DEPARTMENT. 5. If the CITY withdraws from the project, suspends or delays work on the project or reduce some other action, including any new of commission or omission, without concurrence o£the DEPARTMENT which results in the loss of federal participation in any of Me reimbursable cons as provided herein, the CITY shall be responsible for all of the Share) shere of such costs end, if necessary, shall refund an the DEPARTMENT all of the federal alone of any reimbursements received which subsequently become ineligible for federal participation M. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A. The CITY shall maintain 0project records for a least a period of three (3) years from the date of the last or firW submission of claim for reimbursement for project costs in accordance with the provisions of 49 CFA I842(h), except as otherwise provided under subparagraph 1 below. 1. In the event that any litigation, claim, negotiation, audit or other action involving such records has begun prior to the expiration of such period, than all records shall be retained until 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 accordance with the provisions of 49 CFR 18.42(3), the DEPARTMENT en, FRWA, and if necessary, the Comptroller General ofthe United States, or any of their authorized representatives, shalt her full access at any and all reasonable rimer to au records of the project for all purposes necessary to make audits, constructions, oweapts or tran50rlpm B. The CITY shall assure that all applicable audit requirements are met in accordance with the provisions ofOl.1B Circular A. 128, N. GENERAL PROVISIONS A. INDEPENDENT CAPACIIY. The CITY, us employees, agents representazives, consultants or contractors, shall, in performance of the work under this Agreement, an in an independent capacity from the DEPARTMENT, an, sot as officers, employees or agents thereof. R. CONTRACTAIX P STRATOR. The DEPARTMENT"assignaProjectManager m act m the Contract Admhdsnmor on bOWfofthe DEPARTMENT uMer the temu of this Agreement. As the DEPARTMENT's representative, the Contact Administrator 00-365 PINM27.00 Form Ed 813JIM Page 9 oJdl Pages shall have suthorityto stop the work if necessary to ensure proper execution tbereat'in accordance with terms of this Agreement All bills or invoices for payment, progress reports, claims, correspondence and all project related submissions from the CITY shall be sent directly to the Contract Admhdsmator. C, ISARRITY. Any amount paid outbyths DEPARTMENT arisingwt ofor Dom arty errors, omissions or failures on the part of the CITY to nu:d professional standards of oonstmation engineering and inspection shell be recovered Dam the CITY by reductions in any reimbursements due it under the temps of this Agreement or by any other legal means. The DEPARTMENT shall promptly notify the CITY ifeny potential claim arises under the provniom of this Article. The CITY small beafforded full opportunity for a defense against any such claim. If it is subsequently determined that any such reduction in any reimbursement due the CITY by the DEPARTMENT was ether arbitrary, capricious or fio udulent, then any amount so reduced shall be paid promptly. D. INDEIvPI1FICATION. The CM shall indemnify and hold harmless the DEPARTMENT and its officers, agars and employees from any and all claims, suits or liabilities of every kind or nature arising out of or from any negligent, intentional, malicious or criminal ere, error or omission by the CITY or any of is consultants or contractors occurring as the reault of my work undertaken by the CTTY pursuant to this Agreement. This provision shall survive any termination or expiration ofths Agreement as hereinafter provided under Article V, Paragraph C. NothingInown shall, nor is intended to, waive my defense immunity or limitation of liability which may be available to the CI'rY or the DEPARTMENT, its or their officers, agenda; or employees, under the Maine Tort Claims Act pursuant to the provisions of 14 MRSA § 8101 a seq. or any other privileges or immunities as may be provided by law. R CONFR)RNTI TY, The parties hereto agree that where applicable, all information pertaining to rightoPway matters and to detailed cost estimates shall be kept confidential pursuant to the provisions of 23 NWA § 63. F. EQUA EMPIAYMRIgT OPPORTUNITY AND AFFD TIVEACTION. Duringthe performance of any work undertaken pursuant to this Agreement, the CITY shall not discriminate against any employee or applicant for employment relating specifically to such work because of race, color, religious creed, sex, national origin, ancestry, age or physical handicap. The CM shall take affirmative action to ensure that ell such employees or applicants are treated without regard to their race, color, religion, sea, age or national origin during the period of such work G. INSURANCE. The CITY shall require any and all consultants, contractors or subcontractors performing any of the services or work undertaken pursuant to this Agreement to be insured in accordance with the provisions set forth under Section 103.08 of the DEPARTMENT's Standard Specifications. R OW RSRR'. All plans, reports, notes,papers or other tangible work produced by or on behalfofthe CITY under the terms of this Agreement shall be the property ofthe W-365 PIN1811.00 Form Fd 8131100 Page to ojli Pages DEPARTMENT and shall be turned over to the DEPARTMENT upon request following wmp4tiov or termination afthe project. The CITYshallbeallowedanineermatheren wmmenemnm with its share ofthe project can. 1. SUBSF.QUEfs"f DOCOMENTATION. The parries hereto agree to ensconce all documents and take all actions necersmy or Incidental to implement the provisiosu of this Agreement. 1. SUBLETTING, ASSIGNNEM OR TRANSFER. The CITY shall nor sub1N, sell, hard'", assign or otherwise dispose of this Agreement or any portion thereof or arty right, rislemsmx"ttheranwiNoutthempresswrihmwnsentofNe DEPARTMENT. No ant ,agreementorhmsfaofthis Age mtshillhianycanereleaseorrdimethe. CITY from any, 4abgity act" this Agreement. K, EMIREi AGRBRh1 , This Agreement con[alm the entire agreement between the parties hereto relative to all matters of the project and neither party shall be bound by my amtemm4 wresponduae, agreement or representation made previous hereto which is not expressly contained herein. L. TP1Bv116IATION. The DEPARTMENT may postpone, suspend, abandon or otherwise temunate this Agreement upon written notice to the CITY and in no event shall my such action be deemed a breach ofcerdrsct. In the event that the reason for termination is other than for my failure by the CM, the DEPARTMENT shall give the CITY a written thirty (30) day notice oftermivation. Postponement, suspension, abandonment or terem ation may be lairut Por mry reason by the DEPARTMENT or specifically as the remit of my failure by the CTTY or any connector tls"eucter to perform my of the services required under this Agreement to the satisfaction ofthe DEPARTMENT. Upon receipt ofwrittm notification from the DEPARTMENT that this Agreement is to be postponed, suspected, abandoned ortermioatal for any of the foregoing reasons, the CM or any contractor thereunder shall immediately cease all work or services subject to such termination, except arty work required to protect public health and safety, and tum over to the DEPARTMENT within thirty (30) days following the effective date of such termination, all project records, documentation and wnstmction materials in place or purchased for the project purwam to this Agreement. Upon receipt of such records, documentation and materials, the DEPARTMENT shall reimburse or arrange a settlement with the CITY in one of me following manners: L Ifthe postponement. suspension, abandommud or termination is for any reason other than that ast forth under subparagraph 2 below, the CM shall be reimbursed for all work or services accomplished up until the date of such termination. 2. Ifthe postponement, suspension, abmdonmeM or tenNnation is the result ofmry failure by the CM or my connector thercunder to correct my unsatisfactory performance after receiving fifteen (15) days written notice from the DEPARTMENT setting fortis the hails of such dissatisfaction, the CTIY's reimbursement shall be limited to payment for acceptable work or services accomplished up until the date of such temdra[ion. 00-365 PM 1821.00 FormF 8/31/00 Pw ll ofll Pages V. TEHMS OF AGREEMENT A All pftle provisions set fond under Articles l and R shall evpireupon satisfactory completion of the turns set forth therein or throe (3) years from the date hereof whichever occurs fust, unless otherwise terminated ager or extended Imer in writing as provided under Artiele 1, Paragraph 02 D. Ag of the provisions set forth under Articles M and N, except Article W, Paragraph D, shag expire upon satisfactory completion of the temp act forth under Article IR, unless terminated somer or extended later in writing as provided under Article I, Paragraph 0 2. C. The indaudgcetion provision ad forth under Article N, Paragraph D shall remain in full force and effect indefinitely or until specifically terminated, modified or amended in writing by the parries hereto or negated by mor operation of law. VI. APPROVAL This AGIZIMUIENT has been approved and signed in duplicate by the parties below and becomes eD'ertive on the day end daze that above written. STATE OF MAINE DEPARTMENT OF TRANSPORTATION BY, Wmrar T. Foster, Director Bureau ofProfectDecelrgmem CITY OF BANGOR p.a V31M