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
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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
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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
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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
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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
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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