HomeMy WebLinkAbout1996-04-08 96-182 ORDERCOUNCIL ACTION
Dale: April 8, 1996 Item No.: 96-182
Ilem/Subject Authorizing City Manager to Execute Agreement with MDOT Regarding Highway
Bnprovement Project - Union Street S7fP-043-5050(00)7IN 5050.00
Responsible Department Engineering
Concnenlmy:
The anached Council Order authorizes a ecution of a routine agreement with MDOT for design
and construction of a project involving resurfacing Union Street from Hammond Street to WJey
Street This project was requested through BACTS and will be developed by the City. A local
share of 15% is required, and funds me available in the Capital Budge[. The project is expected
to be completed this your.
Managefs Comvrevts: nla'Ax COLO(�4 _.._a4
Associated Information: .
Budget Approval: SkK d6, OaS
Finanu Direcror
Legal Approval:
Guysbiictror 'MMn
V
d For:
Passage
Firm Reading
Refesrsl
Page — of
96-182
AwignN to Cm or Woodcock April 8, 1996
CITY OF BANGOR
.(TITLE.) a81 Url Authorizing City Manager to Eucute Agreement with. MDOT Regarding
Highway Doprovement Pmjmt-Union Street STP-043-5MO(OO)MIN 5850.00
By rhe City Cauna0 efBw aw nfRm :
ORDRREDr
THAT
the City Manager is hereby authorized And directed to execute an ageemera with
the Maine Department of Transportation for the desgn and construWon of a
highway improvement project involving resurfacing of Union Street between
Dammond Street and Wiley Street - Federal Aid Project No. SUP 43-
5850(00)IM 5850.00.
A copy of the Agcemera is anached.
xM CITY COUCIl. 96-182
Wif 9. 1996 - 0 R 0 E R
5Passed+
Title Authorizing City Iianager to Execute '
CITE CLERK -A8 t with MOT Regarding highway
Improvemmunt Project union sti ( gTT
043 SH56(Hbj /riM'SHSH:dH " "'
Aasiped
ISG. to
Councilman
96-182
AGREEMENT
BETWEEN THE
STATS OF MAINE DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF BANGOR
REGARDING
PROPOSED RESURFACING OF UNION STREET
FEDERAL AID PROJECT NO. STP -0 3-5850(00)/PUJ 5850.00
This AGREEMENT is enterer into on this day of 19% by and between
the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (hereafter DEPARTMENT) 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 a project to resurface a portion of
Union Street, also designated as State Rote 222, in Bangor, begimung at Hammond Street and
extending in a northwesterly direction for a distance of about 0.60 mile to Wiley Street (hereafter
project) as heretofore proposed in the DEPARTMENT's MWti-Modal Transportation Improvement
Program for Fiscal Years 1994-1995, as follows:
A. The CITY shall submit an acceptable line been budget m the DEPARTMENT for approval
which contains an itemization of project costs as directed by the DEPARTMENT. Once such
a budget is approved, expenditures may exceed any single cost category or budget line item
amount by up to ten (10%) percent without modification provided Nat the total of all such
expenditures does not exceed the tons) amount allowable for the project as hereinafter provided
under Paragraph M.1 below.
B. The CITY shall of perform or authmbe any services or work under this Agreement without
first receiving the express approval m do so in writing from the DEPARTMENT.
1. Such approval shall be contingent upon the DEPARTMENT receiving authorization from
the Federal Highway Administration (hereafter FHWA) for federal participation in me
project costs hereinbefore described under Paragraph A above. The DEPARTMENT shall
not umeseonsbly, withhold such approval.
2. Ah costs incurred by the CITY prior to receiving such approval from the DEPARTMENT
shall be ineligible for federal participation and therefore not reimburseable by the
DEPARTMENT under the provisions of Article U.
96-182
PIN 5850.00
Form Ed. 3/1/96
Page 2 of 11 Pages
C. The CITY shall develop aal prepare all of the necessary design plans, specifications,
estimates, bid documents and contracts for the project as directed by the DEPARTMENT in
accordance with [he DEPARTMENT's current standards and procedures for federal-aid
projects. The CITY shall submit all such plans, specification, estimates, documents and
contracts in the DEPARTMENT for review suit approval. -
1. All design features shall conform to AASHTO standards or equivalent:
. 2. All plan shall adhere to the DEPARTMENT's utility accommodation policy as set foM ht
its 'Policy On Above Ground Utility Locations" in revised November 1987,
D. The CITY shell develop and prepare all envimovmental studies and reports necessary for the
project as directed by the DEPARTMENT. All such studies and reports shall be submitted to
the DEPARTMENT from time in time for review, comment and acceptance.
E. The DEPARTMENT shell prepare and submit in FH WA for roamreree all envhnrmmental
donraentation required for the project under the provision of the Nationl Environmental
Policy Act (NEPA).
F. The CITY shall obtain all permits necessary to consumer the project.
G. The CITY shall provide for adequate public participation as directed by the DEPARTMENT
during the development of the project.
H. The CITY shall acquire and famish all right of way necessary to construct and maintain the
Project.
I. All such right of way shall be acquired in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended by me United
States Congress in 1987, pursuam in the provision set form under 49 CER Part N.
2. All such right of way shall be acquired prior to advertising for bids and shall be held
inviolate from all earoachmevts. The CITY stall certify to the DEPARTMENT dist all
such right of way has been acquired prior in being allowed in advertise for bids in
bargainer provided under Paragraph I below.
3. The CITY shall furnish to the DEPARTMENT a right of way map or similar plan
prepared m accordance with [be DEPARTMENT's specification detailing all right of way
an acquired for the project
I. Upon approval by me DEPARTMENT, the CITY shall advertise and award a contract to
construct the project as directed by the DEPARTMENT.
1. Both the CITY and the DEPARTMENT shall have the might to accept or reject amry and all
bids received as a result of such advertiseman.
96-192
PIN 5850.00
Pam Ed. 3/1/96
Page 3 of ll Pages
2. The CITY shall not award my contract to consume[ the project without the express
approval of the DEPARTMENT.
3. The contraction contract shall prescribe that the project shall be concocted in accordance
with the plans and specifications approved by the DEPARTMENT anal is compliance with
the DEPARTMENT'S exceed Standard Specifications for Highways and Bridges (hereafter
Standard Specifications).
4. Prior to the beginning of construction, the CITY shall arrange for a preconswetion
meeting to coordinate the construction of the project with the DEPARTMENT, any and all
contractors, utilities and any other parties directly involved in the construction of the
Project
5. Traffic throughout all work areas of the project shall be controlled in accordance with the
provisions of Part VI of the Manua] on Uniform Traffic Comrol Devices for Streets and
Highways.
6. Any work involving force account procedures shall require the express approval of the
DEPARTMENT prior to doing so.
J. The CITY shall provide all of the necessary supervision, inspection and documentation to
ensure that the project is completed satisfactorily and constructed in accordance with the
provisions and specifications of the construction contract.
t. The CITY shall provide a full-time qualified employee to be in responsible charge of the
project.
2. The CITY shall use procedures acceptable to the DEPARTMENT in document the quantity
and quality of all work performed order this Agreement in an accurate and uniform
manner. All such documenutiou including all sconce documents used as the basis of
payment for such work shall become a matter of record and resained as hereinafter
provided under Article III, Paragraph A.
3. The CITY shall provide all testing as directed by the DEPARTMENT.
4. Upon completion of the project, the CITY shall provide a compliance certification that the
project was constructed, quantities measured and documented,and materials tested in
accordance with the specification requirements of the con stntctioa contract as well as the
policies and procedures approved by the DEPARTMENT.
96-182
PIN 5850.00
Form Ed. 3/t/96
Page 4 of II Pages
K. The DEPARTMENT may inspect construction activities and all documentation portioning
thereto at any time during the period of construction and may test any of the materials used
therein to ensure compliance with the provisions and specifications of the construction
contract. The DEPARTMENT may reject any work or materials not in such compliance. Upon
completion of construction, this: DEPARTMENT may inspect the project in determine the
acceptability thereof prior m paying any final claim for reimbursement of project costs as
hereinafter provided under Article H, Paragraph C.2.
L. Upon completion of construction, the CITY small provide the DEPARTMENT with a set of
reproducible as -built plans of the project on mylar or equivalent archival quality material
acceptable to the DEPARTMENT suitable for permanent filing.
M. The CITY shall make an changes in the project, except as hereinafter provided, without the
express written approval of the DEPARTMENT.
1. An approved change shall be required to increase the cost of the project whenever
expenditures are expected to exceed any approved single cost category or budget lire item
amount by can (10%) Percent or wherever the total of all participating project casts as
hereinafter defined under Article H, Paragraph A is expected in exceed the sum of One
Hundred Seventy Three Thousand Five Hundred ($173,500) Dollars. In no event dull the
total of all such participating Project costs exceed the sum of One Hundred Seventy Three
Thousand Five Hundred ($173,500) Dollars without the express written approval of the
DEPARTMENT.
2. Approved changes shall also be required to revise, modify or change the scope or
objectives of the project or any of the cost sharing or reimbursement provisions set fond
beside, to extend in shorten the Wind of this Agreement or to contract out or otherwise
obtain the services of a third party to perforin any of the services incidental to the project,
except as otherwise approved or provided for herein.
N. The CITY shall assume that all work undertaken Pursuant to this Agreement conforms to a8
applicable federal and State laws. Specific federal laws and regulations covering such work
are contained under Tide 23 in the United States Code (hereafter USC) for applicable sumtory
law and 23 CFR for applicable administrative law. General administrative requirements
relative in federally funded activities are also contained under 49 CPR Part 18 entitled
"Uniform Administrative Requirements for Grants and Cooperative Agreements in Sum and
Local Govermnenu". Allowability for participating costs is contained in the Executive Office
of the president of the United States' Office of Management and Budget (hereafter OMB)
Circular A-8] conduct "Cost Principles for Sure and Local GovermneraW.
FIN 5850.00
Form Ed. 3/t/96
Page 5 of It Pages
I I tgkti 18:1:1 B I f fH.?♦ t a t, ISf :111 tiYgS I q. Y 9:AIKda] Ifi xY
96-182
A. The DEPARTMENT shall be responsible for a portion of the cost to develop, design and
construct the project (hereafter project costs) as follows:
I. The DEPARTMENT shall provide federal funds administered by FHWA under the
provisions of the lemma dal Surface Transportation Efficiency Act (IS EA) of 1991
(hereafter federal share) at the rate of eighty and twenty-eight hundredths (80.28%) percent
of all project costs deemed eligible for federal participation in accordance with all
applicable federal laws and regulations as hereinbefore referenced under Article I,
Paragraph N above. '
2. The DEPARTMENT shall aim provide all of the ran -federal or matching share of all
project costs remaining after deducting the CITY's share of such costs as hereinafter
provided under Paragraph B below.
B. The CITY shall be responsible for ten (10%) percent of all project costs, including all costs
rumored by the DEPARTMENT to develop, inspect and administer On project. The CITY
shall also be responsible for any project costs deemed ineligible for federal participation,
including those as hereinbefore provided under Article 1, Paragraph B.2 above and as
hereinafter provided under Paragraph C.5 below, unless otherwise agreed to in writing as
hereirliefore provided under Article I, Paragraph M.2 above.
C. The DEPARTMENT shall reimburse the CITY for no more than ninety (90%) percent of all
project costs incurred by the CITY as follows:
1. The CITY shall bW the DEPARTMENT no less than monody for all claims for all
allowable direct and actual project costs incurred under the provisions of this Agreement.
Costs are incurred wherever work is performed, goods and serviees are received or a cash
disbursement is made. All claims for such costs shall be submitted on the CITY's billhead
or invoice and be itemized in at least the same derail as itemized in the approved project
budget. Each claim so submitted shall include an accumulative total for all costs imune d
by cost category or budget line item. Each claim shall also include a certification from a
qualified employes in responsible charge of the project that all ammmts so claimed for
reimbursement are correct, due and not claimed previously mA that all work for which
such reimbursement is being claimed was performed in accordance with the terms of Nis
Agreement or arty specific contract applicable thereto approved by the DEPARTMENT
under Ne terms of this Agreement.
96-182
PN 5850.110
Form Ed. 3/1/96
Page 6 of 11 Pages
2. In the event that less Nan One Thousand ($IOW) Dollars in such reimburseable costs are
incurred in any one month period or regularly scheduled billing period of at least one
month duration, the CITY shall defer any such claim therefor unit the next month or
regularly scheduled billing Period in which at least One Thousand ($IWO) Dollars in such
nomburneable costs have been incurred or until the last or foal claim is submitted for
reimbursement. Payment of any such final claim may be subject to a foal inspection of the
project by the DEPARTMENT to determine the acceptability thereof as hereinbefore
provided under Article I, Paragraph K.
3. The DEPARTMENT shall deduct all of the CITY's share of such costs as hereinbefore
described under Paragraph B above prior to making any such reimbursement.
4. The DEPARTMENT shall make such reimbmsemeut to the CITY until fifty (50%) percent
of all eligible costs have been so reimbursed, following which, five (5%) percent of all
subsequent reimbursements shau be withheld and retained by the DEPARTMENT until all
work undertaken by the CITY pursuant to this Agreement is completed satisfactorily.
a. All of that portion of such reimbursement so retained shall be withheld and retained by
the DEPARTMENT m the extent and in the same manner set fond under the
provisions of 23 M.R.S.A._ Section 52-A.
b. Upon satisfactory completion of all work undertaken by the CITY pursuant an this
Agreement, the DEPARTMENT may release a portion of such reimbursement so
retained. The remaining balance of such reimbursement so retained shall be withheld
and retained until such time as all things required of the CITY under this Agreement
are received, completed or accomplished to the satisfaction of the DEPARTMENT.
The DEPARTMENT, at its option, may retain temporarily or permanently, from time
to nue, any portion of such remaining balance which it deems equitable.
5. In the even that the CITY withdraws from the project, suspends or delays work on the
project or takes some other action, including any acts of commission or omission, without
concurrence of the DEPARTMENT which results m flue loss of federal participation in any
of the reimbursable costs as provided berein, the CITY shall be responsible for all of the
federal share of each costs and, if recessary, shall refund to the DEPARTMENT all of the
federal share of any reimWrservens received which subsequently become ineligible for
federal participation.
M. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT
A. The CITY shall maintain all project records for a Period of three (3) years from the date of the
last or fired submission of claim for reimburseu cn for project costs in accordance with the
provisions of 49 CFR 18.42(6), except as otherwise provided under subparagraph 1 below.
96-182
PIN 5850.W
Font EA. 3/1/96
Page 7 of Il Pages
1. In the event that any litigation, claim, negotiation, audit or older action involving such
records has begun prior to the expiration of web period, Nen all records shall be retained
until all action and resolution of all issues arising therefrom are complete if such action or
resolution extents beyond the three year period hereinbefore described.
2. The CITY shall assure that in accordance with the provisions of 49 CPR 18.42(e), the
DEPARTMENT and FHWA, and if necessary, the Comptroller General of the United
Stales, many of thew authorized representatives, shall have full access at any ant all
reasonable Noes to all records of the project for all purposes necessary to broke audits,
examinations, excerpts or transcripts.
B. The CITY shall assure that all applicable audit requirements are met in accordance with the
provisions of OMB Circular A-128.
W. GENERAI, PROVISIONS
A. INDEPENDENT CAPACITY. The CITY, its employees, agents, represeaatives, cons (tons
or contmemrs, shag to performance of the work under Nis Agreement act in an independent
capacity firm and not as officers, employees or agents of the DEPARTMENT.
B. CONTRACT ADMINISTRATOR. Following execution of this Agreernent, the
DEPARTMENT shall assign a Project Leader to act as the Contract Administrator on behalf
of the DEPARTMENT during the development of the project under "a Agreement As rhe
DEPARTMENT's representative, the Contract Administrator shall have authority to stop the
work if necessary to ensure proper execution thereof in accordance with terms of this
Agreement. All bills or invoices for payment, progress reports, claims, wroespavdenoe and
all project related subntissioru from the CITY shall be sent dimnly to the Contact
Administedw.
C. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of any work undertaken pursuant to (Iris Agreement, the CITY
shall not discriminate against any employee or applicant for c uploymem relating
specifically to any work under Nis Agreement because of race, color, religious creed, sex,
national origin, ancestry, age or physical handicap udess related to a bonafide
occupational qualifications. The CITY shall rake affimative action to ensure that all such
applicants are employed ant all such employees are treated during any period of
employment under Nis Agreement without regard to their race, cola, religion, sex, age or
rational origin. Such action shall include, but not be necessarily limited m: employment,
upgrading, demotions, boosters, ttrminnent or advertising for reordwem, layoffs m
terminations, rates of pay or other forret of compensation and selection for all forms of
training ant apprenticeships. The CITY shall prominently post is conspicuous places
readily available to all employees out applicants for such employment hereunder, notices
setting forth the provisions of this paragraph.
96-183
PIN 5M.W
Form Fd. 31V96
Page 8 of 11 pages
2. In all solicitations or advertising for employees placed by or on behalf of the CITY relating
specifically to any work underrmn pursuant to Ws Agreement, the CITY shall state that
all qualNed applicants shall receive consideration for employment without regard to race,
color, religious creed, sex, national origin, ancestry, age or physical handicap.
3. The CITY shall send to each labor union or representative of any of its employees covered
by a collective bargaining agreement or any other construct or understanding under which
any labor, work or services are to be furnished towards the project under the terms of [his
Agreement, a notice advising all such labor unions or representatives of the CITY's
commitment under [Itis Article and shall prominently post mines of such notice in
conspimous places readily available to all such employees and applicants for employment.
4. The CITY shall cause all of the foregoing equal employment opportunity provisions under
Huse paragraphs to be included in any contracts for services or work undertaken pursuant
to Nis Agreement la such a manner that such provisions shall be binding upon each
consultant or contractor except that the foregoing provisions shall not apply to any
contracts for parchasing or furnishing standard commercial supplies or raw materials. To
the maximum extent feasible, the CITY or any such conudtant or contractor shall list all
suitable employment openings with the Maine Job Service under the Maine Department of
Labor's Bureau of Employment Security. This provision shall not apply to employment
openings which Ne CITY or any such consultant or contractor proposes to fill within its
own organization. The listing of such opemiags with the Maine lob Service shall involve
only the normal obligation which pertain thereto.
D. LJABILITY. Any amount paid out by she DEPARTMENT arising out of or from any errors,
omissions or failures on the pact of the CITY to meet professional standards of construction
engineering and inspection surf be recovered from do CITY by reductions in any
reimbursements due it ander the mums of this Agreement or by any other legal meats. The
DEPARTMENT shall promptly rosily do CITY if any potential claim arises under the
provisions of this Article. The CITY shall be afforded 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 either arbitrary, capricious or fraudulent, then any
amount so reduced shall be paid promptly.
E. FAMII.JARITY WITH LAWS AND INDEMNIFICATION. The CITY is assumed to be
familiar with and at all times shall observe and comply with all federal and State laws as
hereinbefore prescribed and all local laws, ordinances and regulations which in any manner
affect the services or work undertaken by the CITY or any of its consultants or contractors
pursuant to this Agreement. The CITY shall summarily and hold haradess the
DEPARTMENT and its officers, agents and employees from any and all claims, suits, actions,
damages and costs of every kind or wore arising out of or from any negligent, intentional,
malicious or criminal set, error or omission occurring as the result of any performance or
nomperforvame of the work undertaken by the CITY pursuant to this Agreement. It is
expressly agreed and understood by the parties hereto that neither the DEPARTMENT nor the
CITY hereby waive any immunities or rights they may have under the Maine Tort Claims Aa.
96-182
PIN 5850.00
Form Ed. 3/[/96
Page 9 of 11 Pages
F. INSURANCE. The CITY shall require any and all consultants, contractors or subcontractors
performing any of the services or work undertaken pursuant to this Agreement W be insured in
accordance with the provisions ad forth under Section 103.08 of the DEPARTMENT's
Standard Specifications.
G. OWNERSHIP. All plana, reports, notes, papers or other tangible work produced by or on
behalf of the CITY under tbe terms of this Agreement shall be the property of the
DEPARTMENT and shall be burned over to the DEPARTMENT upon request following
completion or termination of the project. The CITY shall be allowed an interest therein
commensurate with its since of the project cost.
H. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY shall not sublet, sell, transfer,
assign or otherwise dispose of [Isis Agreement or any portion thereof or any right, tide or
interest therein without the express written consent of the DEPARTMENT. No contract,
agreement or transfer of this Agreement shall in any case release or relieve the CITY from any
liability under this Agreement _
I. INTERPRETATION AND PERFORMANCE. This Agreement shall be governed by the laws
of the Some of Maine as to its interpretation and performarce.
J. ENTIRE AGREEMENT. This Agreement contains the entire agreementbetween the partes
hereto relative W all matters of the project and neither party shall be bound by airy statement,
correspondence, agreement or representation made previous herein which is not expressly
contained herein.
R. TERMINATION
The DEPARTMENT may posoponc, suspend, abandon or otherwise terminate this
Agreement upon written nuke W the CITY and in no event shall any such action be
deemed a breach of wntrett. In the event that the reason for termination is other Nan for
any failure by the CITY, the DEPARTMENT shell give the CITY a women thirty (30) day
notice of termination Postponement, suspension, abondomnem or termination may be
taken for any reason by the DEPARTMENT or specifically as the result of any failure by
Ne CITY or any contractor dersunder W Perform airy of the services required under this
Agreement to the satisfaction of the DEPARTMENT. Upon receipt of written notification
from Ne DEPARTMENT that this Agreement is W be postponed, suspended, abandoned
or terminated for any of the foregoing reasons, de CITY or any contractor Hereunder
shall immediately cease all work or services subject to such termination, except any work
required W protect public health and safety, and shall assemble all manorial Nat has been
prepared, developed, furnished, purchased or obtained under the [emu of this Agreement
and transmit or Wm over the enteral of the same to the DEPARTMENT within thirty (30)
days following the effective data of such termination. Such =Wrist shall include all
documents, plans, computations, drawings, notes, records, and correspondence and all
construction materials in place or purchased for the project pursuanLL to this Agreement.
Upm receipt of such material, the DEPARTMENT shall reimburse or arrange a settlement
with the CITY in one of the following manrets:
96-182
PINI 5850.00
Form Ed. 3/1/%
Page 10 of 11 Pages
a. If the postponement, suspension, abandonment or termination is for any reason other
than that an forth under subParagmph b below, the CITY shall be reimbursed for all
work or services accomplished up until the date of such termination.
b. If the postponement, suspension, abandonment or termination is the result of any
failure by the CITY or any contractor thereunder to correct any unsatisfactory
performance after receiving fifreen (15) days written notice from the DEPARTMENT
setting forth the basis of such dissatisfzaion, the CITY's reimbursement shall be
limited to payment for acceptable work or services accomplished up until the date of
such termination.
2. The CITY may accept the DEPARTMENT's evaluation of Me work performed as
hereinbefore provided cur submit to arbitration as hereinafter provided under Paragraph L
below. N any event, the DEPARTMENT shall not consider any further reimbursement of
any kind or aware pending the outcome of any such arbitration.
L. ARBITRATION
L Any and all claims, disputes or matters in question arising out of or relating to this
Agreement or any breach thereof, which cannot be disposed of by mutual agreement of the
parties hereto, may be submitted to arbitration conducted and governed by the Mies of the
American Arbination Association applicable to the construction industry in effect at the
time of the execution of this Agreement. Tice provisions of this Article shall be
specifically enforceable under the prevailing arbitration law.
2. Should a demand for arbitration be submitted by either party to this Agreement, both
parties shall have full right of discovery to all books, documents or other tangible things m
Me extent permitted by the Maine Rules of Civil Procedures.
V. TERMS OF AGREEMENT
A. All of the provisions set forth under Articles I and B shall expire upon satisfactory completion
of the terms act form therein or dnee (3) yens from the date hereof, whichever occurs first,
unleas otherwise teras a ed sooner or extended later by virtue of any other provisions set form
elsewhere in this Agreement. -
B. All of the provisions set forth under Articles IR and IV, except Article IV, Paragraph E, shall
expire upon satisfactory completion of the terms set fond under Article III uNess otherwise
terminated sooner or extended later by virtue of any other provisions set forth elsewhere in
this Agreement.
C. The provision set form under Article IV, Paragraph E shall remain in full force and effect
indefudmly or until terminated, modifed or amended in writing by the parties hereto or by may
operation of law.
96-182
PIN 5M.W
Form Ed. 3/1/96
Page 11 of 11 Pages
VI WA9W tU1L\B
This Agreement has Men approved and signed in duplicate by Ne patties Mow and becomes
effective on the day and date lust above written.
STATE OF MMNE
DEPARTMENT OF TRANSPORTATION
A
CITY OF BANGOR
By:
Witness Edward A. Barrett
City Manager