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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