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HomeMy WebLinkAbout2002-01-28 02-80 ORDERItem No. 02-80 Date: Item/Subject: Authorizing City Manager Execute A Local Project Agreement with MDOT - Intersection Improvements to Realign the Junction of Main, Summer, and Railroad Streets (PIN) 8837.00 Responsible Department: Engineering The attached Order authorizes execution of a routine lural Project Agreement with MOOT, covering the local administration of the proposed intersection improvements to realign the junction of Main, Summer, and Railroad Streets. (PIN) 8837.80. We have executed similar agreements on a number of previous MOOT projects. Fxemtion of the agreement Is recommended. A copy is attached. DepanmeM H tl Manager's Comments: ,,p City Manager Associated Informaticam OAdCu,, Budget Approval: Fes_ Finance Director Legal APprwal: City Solicitor Introducetl for Pottage _ First Reading Page _of Referral Anigw to Councilor 6alaacci January 28. 2002 C�ie•P•r:.- CITY OF BANGOR (Tm.E.) Order, Authorizing City Manager to Execute A Local Project Agreement with MOOT - Intersection Improvements to Realign the ]unction of Main, Summer, and Railroad Streets (PIN) 8837.00 by the GtyC M/ofN City of&ngor. ORDERED, THAT the City Manager is hereby authorized and directed to execute a Local Project Agreement with the Maine Department of Transportation covering the local administration of the proposed intersection improvements to realign the junction of Main, Summer, and Railroad Streets (PIN) 8837.00 A copy of the agreement is attached. IS cin MMCIL January 28, 2002 Motion Made and seconded 02-80 for Passage ORDER Passed Title, Authorizing the City Manager CI to Execute a Local Project Agreeoent math MDOT - Iutersectfon Improv to Realign the Junction of Main•u Summer sad Railroad Streets PIN) 8037.00 Assigned W"L Councilor 02AO LOCAL PROJECT AGREEMENT B6IWEENTlfli STATE OF MAINE DEPARTMENT OF TRANSPORTATION ANDIM CITY OF BANGOR REGARDING PROPOSED INTERSECTION IMPROVEMENTS TO REALIGN THE JUNCTION OF MAIN, SUMMER & RAILROAD STREETS uNDme FEDERAL AID PROJECT NO. NH -8837(00) PROJECT IDENTIFICATION NUMBER (PIN) 8837.00 This AGREEMENT is entered into on this day of , 2001 by and between the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (bsreafter the DEPARTMENT) and the CITY OF BANGOR, a body corporate and politic located in the County of Penobscot (hereafter the CITY) regarding the development, design and conshuction of a locally -administered project to make intersection improvements to malign the junction of Main, Summer and Railroad Sheets in Bangor ander Federal laid Project No. 1,lfi-8837(00)fl jest Identification Number (PIN)8837.00(hereafterpr Iecd as follows: 1. PROJECT DEVELOPMENT A. The purpose of We project is to make intersection improvements to realign the junction of said Main,Summerand Railroad Sheets. The t aparticipatingcostoftheprojectaz definedunder Micle➢, liam ph ut shall notexceed One Hundred a Flue Thousand ($]55,000) Dollars without the express written approval ofthe DEPARTMENT as under Adicpmvided under Para gm ph on Reimbummrertas hereinafter provided ands Article➢ shall be limited to no more than rdnety (9W/) percent of such participating cost after deducting a local share of at least tea(10 o) percent az hereinafter provided ander Article 11, Paragraph B. B. The CITY shall submit a line item budget lc the DEPARTMENT for appmva] based upon a detailed estimate of project costs. 1. Once such a budget is approved, expenditures subject to relmbnrsemrnt as hereinafter provided stand not exceed any single cost category orbudget line item amount by any more than ten (100/6) percentwithout approval ofthe DEPARTMENT. W,80 PIN8831.00 Form Fd 11/2/01 Page 2 of 11 Paget 2. In no event shall the total of all such expenditures exceed the mW amount allowable for the project as hereinafter provided under Paragraph 0.1. C. The CITY shall not perform or aullwrize airy services or work under this Agreement without first receiving the express approvah m do so in writing from the DEPARTMENT. 1. Sudo approval strap be contingent upon the DEPARTMENT receiving autborizabon from the Federal Highway Admirvanetion (hereafter IrRWA) for federal participation in the project costs hereinbefore described. 2. Any costs incurred by the CITY poor to receiving such approval from the DEPARTMENT shall be ineligible fm federal participation and therefore not reimbursable by the DEPARTMENT under the provisions of Article 11. D. The CITY shall develop and prepare all of the necessary design plans, specifications, estimates and contact documents for the project as internal by the DEPARTMENT in accordance with the DEPARTMENT's standards and procedures for procuring construction contracts for federal -aid projects. The CITY sided submit all such plans, specifications, estimates said contact decmpents to the DEPARTMENT for review and approval pnor to prorating my such contract. 1. All plans shall measure 22 inches by 36 inches and include the level of detail necessary to construct such improvements in amamaer satisfactory to the DEPARTMENT. Such plans may include, but are not necessarily limited to: title or cover sheet, plan and profile, typical sections, standard details, special details and cross sections. 2. All design features shall coadcamto the standards used by the DEPARTMENT as set forth in is "H'gh"y Devign Gatde" and "Standard Derails for Highways and Bridges"and comply with the DEPARTW?fT's utility accommodation policy as setforthinits"PolityO Above&owd UtilityLocations". Thedesignofthetuffic signal shall conform to NEMA dual ring standards. 3. All plans and contact docmvens shall specify that the project be constructed in compliance with the DEPARTMErNT's "Standard Spe hcations for H'ghways and Bndgr-r" (hereafter Standard Specifications). 4. The CITY shall he responsible for all necessary utility coordination and shall redly to the DEPARTMENT that all utilities potentially affected by the proposed highway improvements have been notified and offered plans of the proposed improvements. Prior to the approval of fired plans as hereinafter provided, the CITY shall certify to the DEPARTMENT thaz all necessary utility adjustments or relocation have been coordinated with the affected utility. 5. Any work involving force account procedures shall require the express approval of the DEPARTMENT. PIM8837.00 Form Ed. 1112101 Page 3 of 11 Pages b. Upon approval of final desigy all plans so approved shall become known an thefinal plans (hereafter Final Plains). E The CTTY may contact fm engineering and dwima related services as necusary to develop, design or construct the project provided the selection and retention of any individual or firm to provide or furnish any engineering or design related services for the project (hereafter consultant) shah be based upon qualifications in accordmce with the DEPARTMENT's consultant selection and retention procedures. 1. No contract for such services shall be awmded without the express approval of the DEPARTMENT and FHWA purmant to the provisions set forth under Part 172 of Title 23 ballot United States Code ofFederal Regulations (hereafter CFR) specifically, those Provisions set forth theran order Section 172.5(d). 2. The CITY shall specifically monitor all work performed curfew any such emotional pursuant to the provisions of 23 CFR 172.13. 3. The DEPARTMENT may accept or reject my work pertrmucl or precured under my such contract pursuant to the pwovisious of 23 CPR 172.5(d). F. The CITY shall develop and prepare allemmanamol sthdies and reports necessary for the project as directed by the DEPARTMENT. All such slathes and reports shall be submitted to the DEPARTMENT, from time to time, for review, comment and acceptance. G. The DEPARTMENT shall prepare and submit W FHWA for rmncurrence all mviromvevtal documentation required for the project under the provisions of the National Environmental Policy Act (NEPA). R. The CITY shall obtain all permits necessary to concoct the project. I. The CITY shall solicit the participation of the public in the development ofthep ject upon completion of preliminary design and the development of a Preliminary Design Report, poor to initiating my front design. J. The CITY shall certify that ample right-of-way is available to construct and maintain the project and that an& rightof-way is frce of all mcrombmmLs that could interfere with such construction prior to being allowed to solicit for bids to construct the project. 1. The use of allpublic land matter the ownership and control ofthe parties berets sball bematte available for a llpuToacsueerssatymivcidmWWffieprojectwithuut my cost to the project. a- The DEPARTMENT shall retain all right, title and interest that it presently holds in and to my of the property used for the project. 02-M PM8831.00 Farm Ed. 1112101 Page 4 of 11 Pages b. Anymuoicipalpropertythatisusedf thepwiectahallbededi cdforpabEe use in perpetuity by the CMe for so long as the improvements constructed under the project, or otherwise intended by the project, esista. 1) Such dedication shall include a suitable boundary line or engineering description sufficient to locate and define such land with [les to a reproducible control line. 2) The CTTY shall forward a copy of such dMication and desorption to the DEPARTMENT. 2. The CITY shall acquire and Among any additional right-of-way necessary to construct and arrowroot the pmj Oct. a. All such fight -of -way shall be acquired in accordance with the Uniform Relocation Assistance and Real Properly Acquisition Policies Ad of 1970 as amended by the United State Congress in 1987(Uviform Act) pursuant to the provisions an forth under 49 CAR Pan 24. b. The CITY shall certify that all such rightof--way, was acquired, is available, and is free of all encroachrvmts in accordance with the provisions of the Uniform Act. 3. The CITY shall famish to the DEPARTMENT a right-of-way map or similarplan prepared or accordance with the DEPARTh E 's specifications detailing my ngh 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 contract to construct the project in accordance with the Final Plans and Standard Specifications as follows: 1. Such solicitation and all procedures pertaining to the procarement of such a contract shall be in accordance with the DEPARThfENT's procwerueat policy and procedures for federal -aid projects, unless approved otherwise by the DEPARTMENT. 2. Both the CITY and the DEPARTMENT shall have the right m accept or reject my and all bids received as a result of such solicitation. 3. The CITY shall not award my such contract without the express approval of the DEPARTMENT. 4. Upon such award, the CITY shall artange for a preconanuction meeting to coordinate Me construction of the project with the DEPARTMENT, the connector, and any and all utilities and other parties directly involved in such construction. o2- PIN8831. 00 Form Ed. 11/2/01 Page 5 of 11 Pages L. The CITY shall administer such a contract so awarded and provide all of the necessary supervision, inspecvov and doc mmoution required to ensure that the project is completed in a satisfactory mama in acoordance with the Final Plans and Standard Specifications as haeivafter provided. 1. The CITY shall provide a full-time qualified employee to be in responsible charge of theproject. 2. The CF[Y shall oat procedrues awzpUble to the DEPARTMENT to measure aM document the quantity and quality of all work Performed order this Agreement and to lost the materials used therein in an acmmatc and uniform mamer. All documentarian, raska erg all source documents used as the basis of payment for smh work, shall become a matter of wood and retained as heseitufler provided under Article In, Paragraph A. 3. Alltraffic throughout the work areas on the project shall be controlled in accordance with the provisions of Pmt VI ofFHWA's "Manual on Un form Ynab'c Counsel Devices for Streets and lfighwuys" (MUTCD). 4. Upon completion of the project, the CITY shall provide a compliance certification from a registered Professional Engineer authorized to practice in the State of Maine that the projwt was constructed in a sawfneacry mmmw in accordance with the Final Plain and Standard Specifications and Nat the quantity and quality of work perNrmed under Nis Agreement and all of the materials used in such construction were rimed and documented as hereinbefore provided and met all specification requirements Of the covshuctim restrict. M. The DEPARTMENT may mespect construction of &a project and all documentation pertaining thereto at anytime during the period of construction mA may test any of the materials used therein to ensure compliance with the Final Plans and Standard Specification. The DEPARTMENT may reject any work or materials not in such compliance. Upon completion of construction, the DEPARTMENT may map= the project to determine the acceptability Nereofprior to paying any final claim for reimbmaem®[ ofFood wt costs as hereinafter provided under Article D, Paragraph C.2. N. The CITY shall update the Final Plans as necessary to show all changes or additions made during Ne paiad of renshuction. Upon completion ofwnstmction, the CM shall furnish to the DEPARTMENT areproducible set ofup-m-0me Final Plans as "As -Built Plam"showing all details ofthe projwt w wnstmcted m mylu sheets ru�ang exandy 22 inches by 36 inches, or sheets of the same size on mra equivilest medium of ambival quality which is suitable and acceptable to the DEPARTMENT for permanent filing. O. The CITYshallmakenoamgesiv Nesropeorobjectivesofthepmjwt,ormyofthe costs thereofothathan as hereinafter provided, without the express written approval of the DEPARTMENT. 02-90 PX883].00 Form Ed 112101 Page 6 ofli pages 1. At approved change shall be required tomcreese the cost of the project whenever expenditures are expected to exceed any approved single cost category or budget line Herb amount by more than an (100/6) percent as hereinbefore provided under Paragraph B. l or whenever the total of all participating project costs as defined under Article ll, Paragraph A.I is expected to exceed the sum as hereinafter allowed In no event shall the total of all such participating project mats, mgether with all costs incurred by the DEPARTMENT ere hereinafter provided under Article M Paragraph B, exceed One Hundred FWFive Thousand ($155,000) Dol/urs without the express written approval of fire DEPARTAMb T. 2. An approved change shall also be required to revise, modify or change the =We or objectives of she project cr any of the cast sharing or reimbursement provisions set forth herein, to extend or shorten the period of this Agreement or to change any of the other terms set froth herein. P. The CfTY dell assure that all work undertaken by the CITY or any of its consultants or conrrecrors pursuant to this Agreement conforms to all applicable federal, state and Inial laws. Specifically, fedend laws and regulations covering each work are set forth under Title 23 in the United States Code (hueatler USC) far applicable statutory law and 23 CPRf applicable administrative law. Genual administrative requvements relative to federally forded activities are also contained under 49 CAR Par[ 18 entitled "Uniform Admemahmafive Requirements jor Grants and Coo�ative Agreemen s to State andLocal Governmenu". Allowabilityforparticipatiugmstsissdforthmddescibe the -Executive OBice of the President of the United Stores' Office of Management and Budget (OMB) Circular A-89 entitled "Cost Principletfor Sante and Local oWrernments ". Q. The CITY shall maintain allimprovements considered under the project in such manner so is necessary to preserve the use used function thereof as intended by the pmject. Such burdensome shall be consistent with the same kinds and level ofmaintemnce provided by the CITY for all other major highways and arterials maintained by the CITY. H. COST SHARING & REIMBURSEMENT PROCEDURES A The DEPARTMENT shall be respmsible for aportion ofthe cost to develop design and construct the projeU@ereaHup jet costs) M fo9ows: 1. The DEPARTMENT shall provide federal foods available to it through F A duence ufederal share) at the rate of ruddy and twenty-eight hundredths (80.28%) percent of all project costs deemed eligible for federat participation (herexPu participating project costs) in accordance with all applicable federal laws and regulations as set forth under Article L Paragraph P, to the extent that the enrol of all participating costs shad not exceed One Huared Fi/ly-Five Thousand ($155,000) DoHws w dbna the express written approval of the DEPARTMENT as hereinbefore provided under Article 1, Paragraph 0.1. M PM8837.00 Form Ed 11/2/O] Page y of 11 Pages 2. The DEPARTh Wshafialsoprovideallofthenon-federalormatchigshareof all participating project costs hereinbefore described after deducting the CI'fY's share of such casts as provided under Paragraph B below. B. The CITY shall be responsible for at least too (10%) percent of all project cases, including all project costs 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.6 below, unless otherwise agreed to in writing a hereinbefore provided under Article I, Paragraph 0.2. C. The DEPARTMENT shall reimburse the C for no more than rarely (901%) percent of all project costs incurred by the CITY as follows: 1. In no event shall the total of such reimbursement exceed One Handout Thu q Nine Thousand Five Hundred ($139,500) Dollars without the express written approval of the DEPARTMENT as hereinbef provided. 2. The CM shall bill the DEPARTMENT no less than monthly for all claims for all allowable direct and acetal participating project costs insured under the provisions of this Agreement. Such costs are incurred whenever work is performed, goods and services are received or a resin disbursement is made. All claims for such costs shall be submitted on the CTEY's billhead or invoice and be itemized in A least the same detail as itemized m We approved projmtbudget The CITY shall show its share of such costa on all claims submitted frrrmmbumemmt. Fach claim so submitted shall include an accumulstivelotalfor all costs incurred by cost category orbudget line item. Each claim shall also include acertification from a qualified employee in responsible charge ofthe pmject that ail amomt w claimed forreimburs®mt are conect,dueandnotclaimedpreviouslyandthatallworkf wMehsuch reimbursement is being claimed was pertbrmed in accordance wiW the terms of this Agreement or any specific contract applicable thereto approved by the DEPARTMENT under Run tams of this Agreement 3. If less Nan One ThousaM ($1000) Dollars in such reimbmsabfe costs are incurred in my one month period or regularly scheduled billing period of at least one month duration, the CITY shall defer any such clean therefor mal the near month or regularly scheduled billing period in which 9least One Thousand ($1000) Dollar in such reimbursable costa have been incurred or =61 the last or final claim is submitted forrombursarmt. Paymentmfan a0cl maybembjecttoafinalinspectim ofiheprojectby Ore DEPARTMENTmdeterminetheanceptabifityNe fm hereinbefore provided under Article I, Paagrsph M. 4. The DEPARTMENT shall deduct all ofthe ='s alone of such costs as described under Paragraph B above, if not otherwise deducted on any such claim m mbmined, including from time to time its share of those costs incurred by the DEPARTMENT 02-110 PX8837.00 Form Ed 11/2/01 Page 8 ofll Pages to develop, impact and administer the project as therein provided, and retainage as hereinafter provided prior to making my reimbursement. 5. The DEPARTMENT shall withhold and retain two and one-half(2'/2%)percent of all such rumburaements until all work undertaken by the CITY pursuant m thus Agreudert is completed satisfactorily. The DEPARTMENT may retain temporarily or penmaaently, any portico of such reimbursements so retained which it deems equitable until such time as all things required of the CITY under this Agreement are received, completed or accomplished to the satisfaction of the DEPARTMENT. 6. If the CITY withdraws from the project, suspends or delays work on the project m takes some other ration, including my acts of commission or omission, without concurrence of the DEPARTMENT which results in the loss of federal participation in any of the reimbursable project costs described herein, the CITY shall become responsible for all of the federal share of such costs, and if necessary, shall refund m the DEPARTMENT all of rho federal share of my reimbursement received for such costs prior to any such loss of such participation M. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A The CITY shall maintain all project records for a least a period ofthree (3) yearn from the date of me last or fined submission of claim for reimbursement for project costs in mcordeoce with the provisions of 49 CFA 18.42(b), except as otherwise provided under subparagraph 1 below. 1. If my litigation, claim, negotiation, audit or other action involving such records bun begun prior to the expiration of such period, then all reurds shall be retained until all action and resolution of issues arising therefrom are complete if such action or resolution extends beyond the three year period'hereirbefare described. 2. The CITY shall assure that in accordmco with the provisions of 49 CFR 18.42(3), the DEPARTMENT and PRWA, and if necessary, the Comptroller General of me United Sales, or any ofineh authorized representatives, shall have bill access at any and all reasonable times to all records of the project for all purposes necessary to make audits, examinations, excmpts or transcripts. B. The CITYshall same thateh applicable auth[requirements aremetin accordance with themavisions ofOI6B Circular A-133. W. GENERAL PROVISIONS A. INDEPENDENT CAPACITY. While performing work under this Agreement, me CITY, its employees, agents, representatives, consumers m contractors, shalt act in an independent capacity from the DEPARTMENT, and not as officers, employees or agents thereof. 02-110 PHS837.00 Form Ed. 1112101 Page 9 of 11 Pages H. CON CTADMDUSTRATOR. The DEPARTMENTshallassignaAnject Manage m act m the Contract Admirustator on behalf of the DEPARTMENT underthe terms of this Agreement As the DEPARTMENT's representative, the Contract Admirtistlator shall have authority, to stop the work if necessary to encore proper execution thereof m accordance with bums of this Agroemant. 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 Administrator. C. LIABILITY. Any amount paid out by the DEPARTMENT arising out of or from any errors, omissions or failures on me part of the CITY to meet professional standards of construction eugmeaing and mspection shall be recovered from the CITY by reductions in any reimbursements due it under the terms of this Agreement or by any other legal means. The DEPARTMENT shall promptly notifythe CITY if my polerrtal claim arises under the pmvisions of this Article. The CITY shall be afforded full opportunity for a defense against any, such clam. If it is subsequently determined that my such reduction many reimbursement due the CITY by the DEPARTMENT was either arbitrary, capricious or frmdulent than any amomt so reduced shall be Paid promptly. D. INDliMNIPTCATION. The CITY shall indemnify and hold harmless the DEPARTMENT and its offices, agents and employees from my and all claims, suits or liabilities of every kind oragree arising out of from my negligem, intentional, malicious or crivtival act, error or omission by the CM or my of its comentmts or comments occurring as the result of my work undertaken by the CITY pursuant to this Agreement This provision shelf survive my tarmnation or expiration of thus Agreement m hereinaftapmvided mda Ardcle v, Pamgaph C. Nomivg hems slu ly nor is intmdedto,waivemydefenseimmunityorlimitationofha ffitywhichmaybeavailable to the CITY or the DEPARTMENT, its or theirofEcers, agents or employees, untler the Maine Ton Claims Act pusueut to the provisions of Section 8101 et s al. in Title l4 of the Maine Revised Statutes Annotated (hereafte MRSA) "my otherprivdeges or monnuvities m maybe providedby law. E. CON MENTLs.LITY. The parties hereto agree that where applicable, all information pertaining to engineering cost estimates and right-of-way matters shall be kept confidential pusuant to the provisions of 23 MRSA § 63. F. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIItMA=ACTION .During the performance of my work undertaken presented to this Agreement, the CITY shall not discriminate against my employce or applicant for employment relating specifically to such work because of race, color, religious creed, sex, national origin, ancestry, age or physical handicap. The CITY shall take affirmance action to ensure that all such employees or applicants are treated without regard to thew race, color, religion, sex, age or national origin during flee period of such work. G. INSURANCE. The CITY shell requne my and all consultants, contractors or subcontractors perfomung my of the services or work undertaken paramour to this Agreement to be insured in accordance with the provisions set forth under Section 103.08 of the DEPARTMENT's Standard Specifications. 02-80 PIN8837.00 Foran Fd. 112101 Page 10 oflt Pager H. OWNERSHIP. All plans, reports, notes, papers or other tangible work produced by or on behalf of the CITY under the terms ofthis Agreement shall be the property of the DEPARTMENT and shall be based over to the DEPARTMENT upon request following completion or teraumation of the project The CITY shall be allowed an interest therein commwsumte with its share of the project coal. 1. SUBSEQI I DOCUMENTATION. Thepazves herein �geem execute all documents and take all actions necessary or incidental to implement the provisions of this Agreement. I. SUBLETTING, ASSIGNN EM OR TRANSFER The CITY shall not sublet, sell, transfer, assign or otherwise dispose of this Agreement or any portion thcreofor my right, vile or interest thenen without the express wrihw consent of the DEPARTMENT. No contract, agreement or transfer of Us Agreement shall in any case release or relieve the CITY from any liability under this Agreement. K. ENTIRE AGREEhIESU. This Agreement contains the entire agreement between the parties hereto relative to all momew of the project and neither party shall be bound by my statement, correspondence, agreement or represe0ation made previous hereto which is not expressly contained herein. L TERMINATION. The DEPARTMENT may postpone, suspend, abandon or otherwise terminate this Agreement upon written notice to the CITY and in no event shall any such action be deemed abreach of contract. In the event that the reason for lamination is other than for my failure by the CM, the DEPARTMENT shall give the CITY a written thirty(30) day notice of examination. Postponement, suspension, abmdommad or termination may be taken for my reason by the DEPARTMENT or specifically as the result of my failure by the CITY or any connector thereunder to perf any of the services required under this Agreement to the satisfaction of the DEPARTMENT. Upon receipt of written notification Sam the DEPARTMENT that this Agcemeut is to be postponed, suspended, abandoned or terminated for my of the foregoing reasons, the CITY or my contractor thereander shall immediately "me all work or services subject to such tetmirration, except my work required to protect public health and safety, and tum over to the DEPARTMENT. within tlr'vty (30) days following the effective date of such [amination, all project records, documentation and contraction materials in place or purchased for thepmjatpursuant to this Ageratum. Upon receipt of suchrecords, documenmvon and materials, the DEPARTMENT shall reimburse or mange a settlement with the CITY in one of the following mannas: 1. If the postponenmt, suspension, abmdormwt or termination is for my reasov other than that set forth under subparagraph 2 below, the CITY shall be reimbursed for all work or services accomplished up until the date of each termination. 2. If the postponement, suspension, abandonment or termination is the result of my failure by the CITY or my contactor thaeunda to coarct my unsatisfmlory PIN8831.00 Form Ed 11/1/01 Page It of ]I Pages performance after receiving fifteen (15) days wriften notice from the DEPARTMENT sailing birth the basis of such dissatisfaction, the CITV's reimburservent shall be limited to Payment for acceptable work or services accomplished up wail the date of such retrocession. V. TERMS OF AGREEMENT A All of the provisions set forth under Articles I and R shall expire upon satisfactory completion of the terms set fM therein or three (3) years from the data hereof whichever occurs fust, unless otherwise terminated sooner or ascended later in writing as hereinbefore provided under Article I, Paragraph 0.2. R. Ali ofthe provisions set forth under Articles M and N, except Article N, Paagaph D, shall expire upon satisfactory completion of the tern; set forth under Article III, unless terminated sooner m extended later in writing as hereinbefore provided under Article I, Paragraph O.2. C. The indemmification provision ad birth under Article N, Paragraph D shall remain in bill force and effect indefinitely oruutil specifically nrminated, modified or amended in writing by the parties hereto or negated by any operation of law. W. APPROVAL This AGREEMENT bas been approved and signed in duplicate by the parties below and becomes effective on the day and "a fust above written. STATE OF MAINE DEPARTMENT OF TRANSPORTATION BY: Witness Warren T. Foster, Director Bureau ofP ryect Deve(opmsmt 0 pvh ///sro/ CN 16'901 A:HMCFO] 0 Barrett, CIryM ager