HomeMy WebLinkAbout1996-04-08 96-186 ORDERCOONCM ACTION
Date: 04-08-1996 Item No.: 96-186
Item/Subjad: Authorizing City Manager to Execute Agreement with MDOT Regarding
PedmtriaNBieycle Facility- Vemle Railroad Trailway STP-617e(OO)MM 6178.00
Responsible Depanment: Engineering
Commentary:
The attached Council Order authorizes execution of an Agreement with MOOT which would
allow the City to design and construct a bicyclelpedestrian tradway along a portion of the Vewde
Railroad. This project was requested through BACTS a couple of year ago, however, due to unresolved
issues with adjacent land owners, the project has not moved forward. It is possible that the scope of the
project could change considerably because of these issues, or never be done m all I have discussed this
with MDOT. In order to preserve funding, however MDOT has infrared that the Agreement should be
executed. Exewdon of the Agreement does not obligate us to undertake the project should we elect to
abandon it in the future.
�MvaranewHea
Managers Comment: - fl
(YVtmi-O_��1ie/nf�e+�+r�ha�'f1n� �NA�FiNatEl,l/
�STbGNf➢ �`al Y'Y Jf pa.n d��.Que-rtm Ge V/br�c. In '�u^�'rL'�ium .�a+`�+--
%it *14 IMa aQ f 6 ,
crv��e<
Associatedlnformation:O44,
Budget Approval: db,aQS%aa rimllydap
Finance Dlreckw
Legal Approval:
GSrvSWlntw
Imroduced For:
Passage
First Reading
Referral
Page
Aeognedto Camdw Blanchette April 83 1996
CITY OF BANGOR
(TITLE.) OrDBr, Authorizing City Maoeger m Execute Agreement with_ MDOT Regardlog
Pedcsttia"icycte Facility - Vemie Rai"" Treilway -ST 178(00YM
619&00
By the afy Cama4 of O4 ofBxa .
ORDERED,
TEAT
the City Nf m is hwehy autlmrimd end directed w execute An Agreement witb dm
Maine Department of Traesportation for design and construction of pedestdawhicycle
facility along a portion of the former Veazie Railroad - Federal olid Projw No. STP-
61]8(00)/PM61]8.00.
IN.CITY OOUNCIL�
April 8, 1996 _
Ronnie Eicbborn, Tom Davis; "
and Seam Ruddickl,
esidents,spAke itl
opposition of, passage'of this
order .
Notion to table Notion passed
Order tabled and referred to -
Monicipal Opepsblons Co mittse.
L Y CLERK
IN CITY COUNCIL
April 43, 1996
fndefknite etponed
CITY CLERK
96-186
ORDER
"Title, Authorizing City Mamager to
-. Execute Agreement with MOT Regarding
Pedestrian /BicyKe Facility - Oeaaie
IfaiTroa'dTiailssay SW-161YE7(d0)'%Pip W78.00
........�.(�.����/u/.��..�.®......�.. ,^,�. ['/.'......
Aei�ed to
cpwciiman
96-186
AGREEMENT
BETWEEN THE -
STATE OF MAINE DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF BANGOR
REGARDING
PROPOSED PEDESTRIANMICYCLE FACILITY
VEAZD; RAILROAD TRAILWAY
FEDERAL AID PROJECT NO. STP-6178(00)/PIN 6178.00
This AGREEMENT is entered into on this day of 1996 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 aed construction of a pedestrianNicycle facility in Bangor
utilizing the old Veazie Railroad bed as herewfore proposed as the Veazie Railroad Tmilway
(hereafter project) as follows:
I. PROJECT DEVELOPMENT
A. The CITY shall submit an acceptable line item budget to the DEPARTMENT for approval
which counties 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 that the tend of all such
expenditures does not exceed the total amount allowable for the project as hereinafter provided
under paragraph MA below. ,
B. The CITY shall not perform or authorize any services or work under this Agreement without
first receiving the express approval to do an in wrifing from the DEPARTMENT.
L Such approval shall be contingent upon the DEPARTMENT receiving authorization from
the Federal Highway Administration (hereafter FI ONA) for federal participation in the
project costs hereinbefore described under Paragraph A above. The DEPARTMENT shall
not unreasonably withheld such approval.
2. All costs neutral by the CITY prior to receiving such approval from the DEPARTMENT
shall be ineligible for federal participation and therefore not reimbmseable by the
DEPARTMENT under the Provisions of Article ll.
96-186
PIN 6178.00
Form Ed. 3111%
Page 2 of Il Pages
C. The CITY shall develop and prepare all of the necessary design plus, specifications,
estimates, bid docomems and contracts for the project as directed by tbe DEPARTMENT in
accordance with the DEPARTMENT's current standards and procedures for federal-aid
projects. The CITY shall submit all such plans, specifications, estimates, documents and
contracts to the DEPARTMENT for review and approval.
1. All design features shall coutarm to AASHTO standards or equivalent.
2. All plans shall adhere to the DEPARTMENT's utility accommodation policy as set forth in
its "Policy On Above Ground Utility Locations" as revised November 1987.
D. The CITY shall develop and prepare all environmental studies must reports necessary, for the
'project as directed by the DEPARTMENT. All such studies and reports shall be submitted to
the DEPARTMENT from time to time for review, comment and acceptance.
E. The DEPARTMENT shall prepare and submit to FHWA for concurrence all environmental
documentation required for the project under the provisions of the National Envirormemnl
Policy Act (NEPA).
F. The CITY shall obtain all permits necessary to construct 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 banish all right of way necessary to construct and maintain the
project
1. 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 the United
States Congress in 1987, pursuant to the provisions set form under 49 CFR Part N.
2. All such right of way shall be acquired prior m advertising for bids and shall be held
inviolate from all encroachments. The CITY shall certify to the DEPARTMENT thm all
such right of way has been acquired prior to being allowed to advertise for bids as
hereinafter provided under Paragraph I below.
3. The CITY shall furnish to the DEPARTMENT a right of way map or similar plan
prepared in accordance with the DEPARTMENT's specifications detailing all right of way
so acquired for the project.
I. Upon approval by the 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 right to accept or reject any and all
bids received as a result of such advertisement.
96-186
PIN 6178.00
Form Ed. 3/1/96
Page 3 of 11 Pages
2. The CITY shall not award any contract m construct the project without the express
approval of the DEPARTMENT. -
3. The construction contact shall prescribe that the project shall be constructed in accordance
with the plans and specifications approved by the DEPARTMENT and in compliance with
the DEPARTMENT'S current Standard Specifications for Highways and Bridges (hereafter
Standard Specifications).
4. Prior to the beginning of construction, the CITY shall arrange for a precorumuction
mewing in coordinate the concoction of the project with the DEPARTMENT, airy and all
conm3ctors, utilities and any other patties directly involved in the construction of the
project.
5. Traffic throughout all work areas of the project shall W controlled in accordance with the
provisions of Part N of the Manual on Uniform Traffic Control Devices for Streets and
Highways.
6. Any work involving force mecum procedures shall require the express approval of the
DEPARTMENT prior in doing so.
f. The CITY shall Provide all of the necessary supervision, inspection and documentation in -
ensure that Ne project is completed satisfactorily and constructed in accordance with the
provisions and specifications of the construction contract.
1. The CITY shall provide a full-time qualified employee in be in responsible charge of the
project.
2. The CITY shall use procedures acceptable in the DEPARTMENT to document the quantity
and quality of all work performed under Nis Agreement in an accurate and uniform
mamer. All such documentation including all source documents used as the basis of
payment for such work shall become a matter of record and remimd as hereinafter
provided under Article IH, Paragraph A.
3. The CITY shall provide all testing as directed by the DEPARTMENT.
d. Upon completion of the project, the CITY shall provide a compliance certification that the
project was constructed, quantities measured and documented, ant materials tested in
accordance with the specification requirements of the con miction contract as well as the
policies and procedures approved by the DEPARTMENT.
PIN 6178.00 96-186
Form Ed. 3/1/96
Page 4 of 11 Pages
K. The DEPARTMENT may inspect construction activities and all documentation pertaining
thereto at any time during the period of construction and may test any of the =Wrists 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, the DEPARTMENT may inspect the project to determine the
acceptability thereof prim to paying any final claim for reimbursement of project costs as
hereunder provided under Article U. Paragraph C.2.
L. Upon completion of construction, the CITY shall provide the DEPARTMENT with a set of
reproducible as -built plans of the project on mylar or equivalent archival quality rumored
acceptable to the DEPARTMENT suitable for Permanent filing.
M. The CITY shall make no 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 lice item
amount by ten (I0%) percent or whenever the total a all participating project costs as
hereinafter defined under Article U, Paragraph A is expected to exceed the son of Fifty -
Five Thousand ($55,000) Dollars. In an event sball the fee of all such participating
project costs exceed the sum of Fifty -Five Thousand ($55,000) 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 tory of the cost sharing or reimbursemeat provisions set forth
herein, to extend or shorten the period of this Agreement or to contract out or otherwise
obtain the services of a third party to perform any of the services incidenhal to the project,
except as otherwise approved or provided for herein.
N. The CITY shall assure that all work undertaken format to this Agreement conforms to all
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 sham ory
law and 23 CPR for applicable administrative law. General administrative requirements;
relative to federally funded activifies are also contained under 49 CFR Part 18 entitled
"Uviform Administrative Requirements for Grants and Cooperative Agreements to Share and
Locd Governments". 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-87 entitled "Cost Principles for State and Local Govemmens".
O. The CITY shall develop and implement a maintenance plan acceptable to the DEPARTMENT
which assures an appropriate level of maintenance necessary to mini the improvements
committed d under the project in order to preserve the use are function thereof as'ntended by
the project.
96-186
PPI 6178.00
From Ed. 31IN6
Page 5 of Il Pages
B. COST SHARING & REIMBURSEMENT PROCEDURES
A. A portion of the cost to develop, design and corunuct the project (hereafter project costs) stall
be Provided by the DEPARTMENT using federal funds admiwstered by FHWA under the
provisions of the Intermarried Surface Transportation Efficiency Act (ISTEA) of 1991. Federal
funds (hereafter federal share) shall be provided at the rate of eighty (80%) percent of all
project costs deemed eligible for federal participation (hereafter participating project costs) in
accordance with all applicable federal laws and regulations as hereinbefore referenced under
Article 1, Paragraph N above.
B. The CITY shall be responsible for all of the ran -federal or matching share of all participating
project costs. The CITY shall also be responsible for all project costs deemed ineligible for
federal participation, underling those as hereinbMore provided under Article I, Paragraph B.2
above and as hereinafter provided under Paragraph C.5 below, unless otherwise agreed to in
writing as hereinbefore provided under Article I, Paragraph M.2 above.
C. The DEPARThdENT shall reimburse the CITY for all of Bre federal sham of all Participating
project costa hereinbefore described under Paragraph A above as follows:
1. The MY shall bill the DEPARTMENT no less than monddy for all claims for all
allowable direct and actual project costs incurred under the provisions of this Agreement.
Costs are incurred whenever work is perforated, goods and services 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 al least the same detail as itemized in the approved project
budget. Each claim so submitted shall include an accumulative teal for all costs incurred
by cost category or budget line item. Each claim shall also include a certification from a
qualified employee in responsible charge of the project that all amounts so claimed for
reimbursement are correct, 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 any specific coatmct applicable themm approved by the DEPARTMENT
order the terms of this Agreement.
2. In the event that less dean One Tbousand ($1000) Dollars in such reiminrseable 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 mail the next month or
regularly scheduled billing period in which at least One Thansard ($1000) Dollars in such
reimburseable costs have been incurred or until the last or final claim is submitted for
reimbursement. Payment of any such foal claim may be subject to a final 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 MY's share of such costs as hereinbefore
described under Paragraph B above prior to making arty such reimbursement. The CITY
shall show such share on all bills so submitted.
96-186
PIN 6178.00
Form Ed. 3/1/96
Page 69 It Pages
4, The DEPARTMENT sball reimburse the CITY for all participating project costs after
deducting the CITY's share of such costs as hereinbefore provided under subparagraph 3
above until fifty (50%) percent of all such costs have been reimbursed, following which,
five (5%) percent of ell subsequent reimbursements shall be withheld and retained by the
DEPARTMENT until all work umkrfaken by the QTY pursuant to this Agreement is
completed satisfactorily.
a. All of that portion of such reimbursement so remmed shall be withheld and retained by
the DEPARTMENT to the extent and in the same =met set forth under the
provisions of 23 M.R.S.A. Sermon 52-A.
b. Upon satisfactory completion of all work undertaken by the CITY pursuant to this
Agreement, the DEPARTMENT may release a portion of such reimbursement so
retained. The remaNwg batarce of such reimbursement so retained shall be withheld
and retained until such fine as all things requited of the CffY under this Agreemml
are received, completed of accomplished to the satisfaction of the DEPARTMENT.
The DEPARTMENT, at its option, may retain temporarily or permanently, from tune
to time, any portion of such remaining balance which it deems equitable.
5. In the event 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 in the loss of federal participation in any
of the reimbursable costs as provided herein, the CITY shall be responsible for all of the
federal share of such costs and, if necessary, shall refund to the DEPARTMENT all of the
federal share of any reimbursements received which subsequently become ineligible for
federal participation.
Bl. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT
A. The CITY shall maintain all project records for a period of three (3) years from the dme of the
but or find submission of claim for reimbursement for project costs in accordance with the
provisions of 49 CFR 18.42(b), except as otherwise provided under subparagraph I below.
1. In ted event that any litigation, claim, negotiation, audit or other action involving such
records has begun prior to the expiration of such period, Nen all records shall be retained
until all action and resolution of all issues arising therefrom are complete if such action or
resolution extends beyond Bou three year period hereinbefore described.
2. The CITY shall assure that in accordance with the provisions of 49 CFR 18.42(e), the
DEPARTMENT and FEWA, and if necessary, the Comptroller General of the United
States, or any of their authorized representatives, shall have full access at any and all
reasonable times to all records of the project for all purposes necessary to make 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.
PIN 6198.00 96-186
Form Ed. 3/1/96
Page 9 of 11 Pages
IV. GENERAL PROVISIONS
- A. INDEPENDENT CAPACITY. The CITY, its employees,agents, represemmives, consultants
or contractors, shall in perfomianee of the work under this Agreement am m an independent
capacity from and our as officers, employces or agents of the DEPARTMENT.
B. CONTRACT ADMINISTRATOR. Following execution of this Agreement, the
DEPARTMENT shall assipp a Project Trader to act as the Contract Administrator on behalf
a the DEPARTMENT during the development of the project under this Agreement. As the
DEPARTMENT'S representative, the Contract Admimstrmnr 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, correspondence and
all project related submissions from the CITY shall be sem directly on the Commct
Administrator. -
C, EQUAL EMPMYfvIENT OPPORTUNITY
I. During the performance of any work undertaken pursuam to this Agreement, the CITY
shall not discriminate against any employee or applicant for employment relating
specifically to any work under this Agmannenl because of race, color', religious creed, sex,
national origin, ancestry, age or physical handicap unless related to aboafide
occupational qualification. The CITY shall lake affirmative action to ensure that all such
applicants are employed and all such employees are treated during any period of
employment under this Agreement without regard m their race, color, religion, sex, age or
national origin. Such action shall include, but not be necessarily limited m: employment,
upgrading, demotions, transfers, recmihvent or advertising for recruitment, layoffs or
terminations, rates of pay or other forms of compensation and selection for all forms of
training and appmenceships. The CITY shell prominently post in conspicuous places
readily available to all employees and applicants for such employment bere nader, notices
setting firth the provisions of this paragraph. -
2. In all solicitations or advertising for employes placed by or on behalf of the CITY relating
specifically to any work undertaken pursuant to this Agreement, the CITY shall state that
all qualified applicants shall receive consideration for employment without regard In 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 a its employees covered
by a collective bargaining agreemehi of any other contract or understanding under which
any labor, work or services are to be furnished towards the projem under the terms; of Nis
Agreement, a notice advising all such labor unions or representatives of the CITY's
commitment under this Article and shall prominently post copies of such entice in
conspicuous places readily available to all such employees and applicants for employment.
96-186
PIN 6178.00
Form Ed. 3111%
Page 8 of 11 Pages
4. The CITY shall cause all of the foregoing equal employment opportunity provisions under
dime paragraphs to be included N any contracts for servicea or work undertaken pursuant
to this Agreement in such a mammr that such provisions shall be binding upon each
remained or contractor escept that the foregoing provisions shall not apply to any
common; for purchasing or fam timing standard commercial supplies or raw materials. To
the maximum extent feasible, the CITY or any such consultant or contractor shall list all
suitable employment openings with de Maine Job Service under the Maine Depzameut of
Labor's Bureau of Employment Security. This provision shall not apply to employment
openings which dm CITY or any such consultant or contractor proposes to fill within its
own organization. The listing of such openings with the Maim; Job Service shall involve
only the normal obligation which pertain thereto.
D. LIAI I.ITY. Any amount paid out by the DEPARTMENT arising not of or from any errors,
omissions or failures on the part of de CITY in mat professional standards of construction
engineering and inspection shall be recovered from the CITY by reductions in any
reimbursements due it under the tenths of this Agreement or by any other legal means. The
DEPARTMENT shall prompdy notify the CITY if any potential claim arises under the
provisions of this Article. The CITY shall be afforded hall opportunity for a defense against
any such claim. H it is subsequently derermhed that any such reduction in any reimbursement
due the CITY by the DEPARTMENT was either arbitrary, capricious or fraudulent, Nen any
amount so reduced shall be paid promptly.
E. FAMILIARITY 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 undettaken by the CITY or any of its consultants or contractors
pmsuam in this Agreement. The CITY shall irMemnify and Mid harmless the
DEPARTMENT and its officers, agents and employees from any and all claims, suits, actions,
damages and costs of every kind or nature arising out of or from soul negligent, intvuiomal,
malicious or criminal am, error or omission occurring as the result of any performance or
nonpertonnance of the work undertaken by the CITY Pursuant to this Agreement. It is
expressly agreed and understood by the number hereto that neither the DEPARTMENT nor the
CITY hereby waive any imumnities or rights they may have under the Maine Tort Claims Act.
F. INSURANCE. The CITY shall require any and all consultants, contractors or subcontractors
perforating any of the services or work undertaken pursuant to this Agreement to be insured in
accordance with de provisions set forty under Section 103.08 of the DEPARTMENT's
Standard Specifications.
G. OWNERSHIP. All plans, reports, notes, papers or other tangible work produced by or on
behalf of de CITY under the terms of this Agreement shall be the property of the
DEPARTMENT and shall be turned over to the DEPARTMENT upon request following
completion or terminstion of the project, The CITY shall be allowed an interest therein
conmrenauram with its share of the project cost.
96-186
PIN 6178.o0
Form Ed. 3/1/96
Page 9 of 11 Pages
B. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY shall ran sublet, sell, transfer,
assign or otherwise dispose of [his Agreement or my portion thereof or any right, title or
interest therein without the express written 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 Nis Agreement.
1. INTERPRETATION AND PERFORMANCE. This Agreement shall be governed by the laws
of Ne State of Maim as to its interpretation and perfornunce.
J. ENTIRE AGREEMENT. This Agreement ormniru the entire agreement between the parties
berero relative to all matters of Ne project and mither party shall be bound by any notorious,
correspondence, agreement or representation made previous hereto which is not expressly
contairsol herein.
K. TERMINATION
1. The DEPARTMENT may postpone, suspend, abandon or otherwise terminate this
Agreement upon written notice to the CITY and in an event shall any such action be
deemed a breach of contract. Ih the event that the reason for termination is artier than for
any fadme by the CITY, the DEPARTMENT shall give the CITY a written thirty (30) day
notice of termination. Postponeruenq suspension, abandonment or termination may be
taken for any reason by the DEPARTMENT or specifically as tie result of any failure by
the CITY or any contractor thereunder to perform any of the services required under [Itis
Agreement in the satisfaction of the DEPARTMENT. Upon receipt of written notification
from the DEPARTMENT that this Agreement is to be postponed, suspended, abandoned
or tenminazed for any of the foregoing reasons, the CITY or any contractor thereunder
shall immediately cease all work or services subject to such maturation, except any work
required to protect public health and safety, and shall assemble all material that has been
prepared, developed, furnished, purchased or obtained under the terms of Nis Agreement
and transmit or nun over the comml of the same to the DEPARTMENT within thirty (30)
days following the effective date of such termination. Such material shall include all
documms, plans, computations, drawings, notes, records, and correspondence and all
construction materials in place or purchased for the project pursuant m this Agreement.
Upon receipt of such maerial, the DEPARTMENT shall reimburse or arrange a settlement
with the CITY in one of the following manners:
a. If the postponement, suspension, aban lonownt or termination is for any reason other
Ban dat set forth under subparagraph b below, the CITY shall be reimbursed for all
work or services accomplished up until de date of such formulation.
b. If the postponement, suspension, abandonment or termination is the result of any
failure by da CITY or any contractor thereunder in correct any unsatisfactory
pertormmee after receiving fifteen (15) days written notice from the DEPARTMENT
setting fond the basis of such dissatisfaction, the CITY's rennbursement shall be
li n udi to payment for acceptable work or services accomplished up until the data of
such termination.
96-186
PER 6178.00
Form Ed. 3/1/96
Page IO of 11 Pages
2. The CTTY may accept the DEPARTMENT's evaluation of Ne work performed as
hereinbefore provided or submit to arbitration as hereinafter provided under Paragraph L
below. In any event, the DEPARTMENT shall not consider any PorNer reimbursement of
my kith or nature pending the outcome of my such arbitration.
L. AREITRATION
1. 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 Worn, may be submitted to arbitration conducted and governed by the rules of the
American Arbitration Association applicable to the construction unmary in effect at the
tirom of the execution of this Agreement The provisions of this Article shall be
specifically enforceable ober the prevailing arbitration law.
2. Should a demand for arbitration be submitted by either party to this Agreement, bot
parties shall have full right of discovery to all books, documents or other tangible things to
the extent permitted by the Maine Rules of Civil Procedures.
V. TERMS OF AGREEMENT
A. All of the provisions set fob under Articles I and II shall expire upon satisfactory completion
of the terms set forth therein or dove (3) years from the date hereof, whichever occurs first,
unless otherwise terminated sooner or extended later by virtue of any other provisions set forh
elsewhere in this Agreement.
13. All of the provisions set forth under Articles IN and IV, except Article IV, Paragraph E, shall
expire upon satisfactory completion of the terms set fob under Article III unless otherwise
terminated sooner or extended later by virtue of any other provisions set forth elsewhere in
this Agreement.
C. The provision set forth under Article N, Paragraph E shall remain m full force and effect
indefinitely or until terminated, modified or amended in writing by the parties hereto or by my
operation of law.
PIN 61V8AD
Form Ed. 3/1N6
Page Il of 11 Pages
VI. APPROVAL
96-186
This Agreement has been approved anal signed in duplicate by the parties below and becomes
efieufive on dre day "date first above written.
STATE OF MAINE
DEPARTMENT OF TRANSPORTATI
By:
CITY OF BANGOR
Ey:
Edward A. Barrett -
City Manager