HomeMy WebLinkAbout1980-06-09 209 AH ORDER209
Introduced by Councilor sours, Suoe 9, 1980
�pp
CITY OF BANGOR
Q)TLE.) (OntKry...... Auth zing City Manager to,_Execute Contract .with
iIoyle,
..___.. Ta.n.ner E hss tes, Inc. n ay ..a..n...d Taxiway Improvements
......... ...
_....
By the Our Cement of W City ofBan mr:
.ORDERED,
THAT the City Manager is authorized and directed on behalf
of the City of Bangor to execute a contract with Hoyle, Tanner and
Associates, Inc. for professional services for engineering and
project administration of the Rehabilitation of Air Carrier Ramp
Drainage Structures, Overlaying a Portion of Taxiway "A",
Rehabilitating Taxiway "d", and Rehabilitation of the Portland
Cement Concrete Joints. _A copy of the contract is on file in the
office of the City Clerk.
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209 AH
CONTRACT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROJECT ADMINISTRATION
AIRPORT IMPROVEMENTS
ADAP PROJECT NOS. 6-23-0005-08 & 09
BANGOR INTERNATIONAL AIRPORT
This AGREEMENT made and entered into at Penobscot County,
Maine, this day of 1980, by and between the City
of Bangor, Maine (herein called the OWNER) and the firm
of Hoyle, Tanner & Associates, Inc., Consulting Engineers,
Londonderry, New Hampshire (hereinafter called the CONSGLTANT).
WITNESSETH:
WHEREAS, the OWNER wishes to undertake a PROJECT consisting
of various airfield improvements at Bangor International Air-
port, which improvements are more specifically described as
follows:
1. Rehabilitation of Air Carrier Ramp Drainage Struc-
tures: The work shallinclude reconstructio of
portions of transverse trench -type reinforced
concrete drainage structures which are located in
the area of the main ramp used for civil air car-
rier operations both domestic and international
A total of approximately 2,300 linear feet of
trench structure is scheduled for rehabilitation.
Approximately one-third of the total Length i
included in this project. The remaining two-thirds
of the length to be repaired was included in ADAP
6-23-0005-07.
2. Overlaying a portion of Taxiway "A". Taxiway "A"
Is t e parallel taxiway at Bangor International
Airport. The full strength pavement is 75 feet
wide and there are 50 foot -wide bituminous concrete
shoulders on each side. Portions of the full .
strength pavement are bituminous concrete and por-
tions are Portland cement concrete. Under this
project the bituminous concrete portions will be
overlaid with bituminous concrete. This includes
approximately 4,800 linear feet of taxiway.
3. Rehabilitating Taxiway "J". Taxiway "J" is a general
aviation taxiway an�be rehabilitated as such.
The taxiway is about 1,000 feet long and 50 feet wide.
The existing pavement consists of a bituminous con-
crete overlay on bituminous and Portland cement con-
crete. The proposed rehabilitation includes the re-
moval and replacement of existing pavements in some
areas and overlaying of existing pavements in other
areas.
4. Rehabilitation of Portland Cement Concrete Joints
All of the runway at Bangor, Runway 15-33, has a
Portland cement concrete pavement. The pavements
for a portion of the taxiway system and the main
r carrier aircraft ramp are Portland cementcon-
crete. This project includes the rehabilitation of
.the concrete joints and repair of the cracks in the
Portland cement concrete pavement.
All of the foregoing to be hereinafter referred to as the
PROJECT which is expected to include three separate con-
struction
contracts including one for the Taxiway "A" and
Taxiway "J" improvements, one for the joint rehabilitation,
and one for the air carrier ramp drainage structure improve-
ments. The third contract is actually expected to be a part
of the contract for the same type of improvements under ADAP
0].
WHEREAS, the OWNER intends to partially finance said PROJECT
with financial aid from the U. S. Government acting through
the Federal Aviation Administration (hereinafter the FAA)
under the Airport Development Aid Program; and
WHEREAS, the OWNER also intends to partially finance said
PROJECT with financial aid from the State of Maine acting
through the Maine Department of Transportation (hereinafter
the Maine DOT); and
WHEREAS, the OWNER has already undertaken certain actions
required to obtain the aforementioned Federal and State
financial aid for the PROJECT, and has, through the govern-
ing body of the City of Bangor, duly authorized the PROJECT;
and
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WHEREAS, the services of a professional engineer or engineer-
ing firm are required by the OWNER to prepare final designs,
contract plans and specifications, estimates of construction
costs; to provide certain engineering services during construc-
tion; to assist with project administration; and, to otherwise
assist the OWNER in the conduct of the PROJECT; and
WHEREAS, such services are of a distinct professional and non-
competitive nature, and the OWNER has selected the CONSULTANT
to provide the required services as a continuation of the pre-
liminary engineering services already completed;
NOW THEREFORE, in consideration of these premises and for the
satisfactory performance by the CONSULTANT of the services
hereinafter provided and for the payments to be made there-
for by the OWNER, the CONSULTANT and the OWNER do hereby
agree as follows: -
ARTICLE T. SCOPE OF SERVICES - DESIGN PHASE
A. Preparation of Final Designs Plans and Specifications
The CONSULTANT shall undertake and complete final designs of
the various improvements included in the PROJECT, and shall
prepare contract plans, specifications, bid forms and the
like, complete and ready for advertisement for bids for con-
struction of the PROJECT. The CONSULTANT'S work under this
paragraph shall include but will not necessarily be limited
to:
1. Determination of applicable design criteria as estab-
lished by the rules, regulations, and guidelines
of the FAA and Maine DOT, by present professional
engineering standards and by applicable laws and
ordinances.
2. Preparation of all necessary final design computa-
tions, sketches and memoranda.
3. Preparation of a complete set of reproducible con-
struction plans for each construction contract de-
tailing all of the proposed PROJECT construction.
4. Preparation of construction specifications for the
PROJECT work including all required bid forms, con-
struction contract forms, general conditions, spe-
cial conditions and technical specifications com-
plete and ready for advertising for bids for each
construction contract.
- 3 -
5. Coordination of all design work with the OWNER, the
FAA, the Maine OOT and other State agencies including
submission of construction plans and specifications
for review and approval.
6. Making revisions to construction plans and specifica-
tions as required to obtain the approval of the FAA,
the Maine DOT and the OWNER.
7. Preparation of detailed final construction cost esti-
mates for the PROSECT work.
B. Printing of plans, specifications, bid documents and
the like as required for review and approval sub -
,missions. -
B. Field Surveys and Measurements
The OWNER shall undertake field surveys and measurements re-
quired for the satisfactory completion of thedesigns, as
described under paragraph A. above, and shall reduce and plot
all survey notes. The OWNER shall provide, without charge,
to the CONSULTANT the results of such field surveys and mea-
surements, generally in the form of worksheet drawings made
to scale. The CONSULTANT'S obligations under this paragraph
shall be as follows:
1. Consult with and advise the OWNER with regard to the
nature and extent of the field surveys and measure-
ments required.
2. Provide the on-site services of one man to assist
in the direction of, and to work with, the OWNER'S
field crews in the performance of field surveys
and measurements and to investigate the condition
of existing pavements, structures, etc.
3. Check the plotting of all field surveys and mea-
surements on the worksheet drawings to be provided
by the OWNER.
C. Pavement. Soils and Other Subsurface Investieations
The OWNER shall undertake, or shall engage the services of
others to undertake, all necessary pavement corings, soil
boring and/or probes, and other subsurface investigations
(e.g. test pits to determine or verify the location and/or
condition of ducts, utilities, etc.) as required to provide
for the satisfactory completion of the designs as described
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under paragraph A. above. The OWNER shall also undertake,
or engage the services of others to undertake, all necessary
testing of soils. The OWNER shall provide to the CONSULTANT,
without charge, the results of all such investigations and/or
tests. The CONSULTANT'S obligations under this paragraph
shall be as follows:
1. Consult with and advise the OWNER with regard to
the nature and extent of the investigations and
tests required.
2. Provide the on-site services of one man to assist
in the direction of, and to work with, those per-
forming the on-site investigations.
D. Printing, Bid and Contract Documents
The CONSULTANT shall undertake the printing of plans and
specifications for use in obtaining bids and for use during
construction for each construction contract. The number
of sets of plans and specifications required for the above
purposes for each contract shall be determined by the OWNER.
ARTICLE IL. SCOPE OF -SERVICES - CONSTRUCTION PHASE
A. General Engineering Supervision
The CONSULTANT shall provide general engineering supervision
services during the bidding period and throughout the con-
struction period. The general engineering supervision ser-
vices which shall be provided by the CONSULTANT under this
paragraph shall be as follows:
1. Assistance to the OWNER in analysis of bid results,
and furnishing recommendations on the award of con-
struction contracts.
2. Attendance at preconstruction conferences.
3. Consultation and advice to the OWNER during con-
struction.
4. Preparation of supplementary sketches required to
resolve actual field conditions encountered where
the changed conditions do not require a change order.
5. Checking catalog cuts and detailed construction,
shop, and erection drawings submitted by contrac-
tors for compliance with design concept.
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6. Reviewing, analyzing, and approving laboratory, shop
and mill test reports, and certificates for materials.
7. Review and approval of periodic estimates, as submitted
by the contractors and approved by the resident in-
spectors, for partial and final payments to the con-
tractors.
S. Making periodic inspections of work in progress, and
providing appropriate reports to the OWNER (does not
include resident inspection which is provided for in
paragraph B. of this Article).
9. Inspecting initial operation of the project or of
,performance tests required by specifications. _
10. Attendance at final inspections of the completed
construction and preparation of reports on any de-
ficiencies, corrective actions required as deter-
mined at said inspection.
11. Preparation of "as built" drawings based on informs -
tion provided by the resident inspectors and the con-
tractors.
12. Preparation of supplementary designs, computations
and sketches as required due to unforeseen field
conditions or changes in the project scope; and
negotation with the contractor and preparation of
necessary change orders. -
13. All printing of s built" construction drawings as
required for distribution to the OWNER, the FAA and
the Maine DOT, including one (1) complete reproduc-
ible set of the final "as built" drawings for each
construction contract for the OWNER.
B. Resident Inspection of Construction
The CONSULTANT shall furnish the services of one men to per-
form full-time resident inspection duties throughout the
construction periods. Any additional inspectors required
will be provided by the OWNER without cost to the CONSULTANT.
The CONSULTANT shall provide a resident engineer or inspec-
tor satisfactory to the OWNER, the FAA and the Maine DOT,
and the resident engineer or inspector shall, as applicable:
1. Undertake and/or supervise and control the layout
of the construction by the contractors. .
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2. Review and approve requests for monthly and final
payments to contractors.
3. Prepare daily inspection reports covering the work
in progress, delays to construction, unusual events,
visitors to the work site, etc.
4. Provide "as built" information for preparation of
"as built" drawings of the completed project.
5. Supervise testing and inspection. Arrange for, con-
duct, or witness field, laboratory, or shop tests of
construction materials as required by the plans and
specifications; determine the suitability of mater-
ials on the site and brought to the site to be used
in the construction.
6. Interpret the contract plans and specifications and
check the construction activities to assure compli-
ance with the intent of the design.
7. Measure, compute, or check quantities of work per-
formed and quantities of materials in-place for
partial and final payments to the contractors.
B. Maintain diaries and other project records to docu-
ment the work.
C. Control and Testing of Materials
The CONSULTANT shall arrange for, supervise, and/or undertake
all necessary work to provide for the proper control and test-
ing, as applicable, of bituminous concrete, Portland cement
concrete, crushed gravel, and borrow materials. This work
shall include, as necessary:
1. Verify and approve job mix for bituminous concrete
to be furnished for the PROSECT.
2. Provide in -plant inspection and control on each day
that bituminous concrete is being furnished to the
job site.
3. Provide in -field inspector experienced in bituminous
concrete placement to assist and advise the resident
engineer.
4. Soils field testing including Proctors, field densities
and sieve analyses for control of subgzade, subbase and
base materials.
7 -
5. Laboratory testing of bituminous concrete pavement
to verify conformance with specifications require-
ments including Marshall tests and extractions.
6. Experienced concrete inspector to check slump, air
and density of fresh concrete and fabricate test
cylinders and/or beams.
]. Obtain test samples of Portland cement concrete and
have appropriate laboratory strength tests performed
on rho test samples.
ARTICLE III. SCOPE OF SERVICES - PROJECT ADMINISTRATION
The CONSULTANT shall provide project administration services
throughout the life of the project. The CONSULTANT'S ser-
vices under this paragraph shall include:
1. Preparation and filing of applicable A-95 clearing-
house and Federal grant pre -application documents.
2. Preparation of or assistance with forms and support-
ing back-up material required in connection with the
Federal grant final application and grant offer and
acceptance documents.
3. Assistance in obtaining State grants from the Maine
DOT.
4. Preparation of and assistance with forms and sup-
porting documentation required by the OWNER to ob-
tain partial and final grant payments from the FAA
and Maine DOT.
5. Assistance with any other administrative -type work
reasonably required and requested by the OWNER in
connection with the PROJECT.
ARTICLE IV. COMPENSATION
A. General
The CONSULTANT shall charge for all services requested by the
OWNER and rendered by the CONSULTANT in connection with the
PROJECT in strict accordance with the conditions set forth in
this Article of this AGREEMENT.
The charges made by the CONSULTANT under this Article and the
Payment of said charges by the OWNER shall constitute full
compensation for all expenses incurred by the CONSULTANT in
connection with the services rendered, including F.I.C.A.
taxes; Federal and State unemployment taxes, costs in connec-
tion with employees benefits, office expenses, supplies and
equipment, the general costs of doing business, and the
CONSULTANT'S profit.
B. Lump Sum Fees
The CONSULTANT shall charge lump sum fees for all work under
Article I. and.Article III. of this AGREEMENT. The lump
sum fees to be charged by the CONSULTANT and paid by the
041NER shall be as follows:
1.. For all work under Article I., "Scope of Services -
Design Phase", a loop sum fee of thirty-three thou-
sand three hundred and 00/100 dollars ($33,300.00).
2. For all work under Article III., "Scope of Ser-
ices - Project Administration" a lump sum fee of
three thousand one hundred and 00/100 dollars
($3,100.00).
C. Actual Cost Plus Fixed Fee Payment
The CONSULTANT shall charge for all services provided under
Article II., Scope of Services - Construction Phase, on the
basis of actual costs plus a fixed fee payment. The actual
cost of providing services will be computed as the total
of (1) Salary Cost, (2) Overhead, and (3) Direct Non-salary
Expenses, all as defined in the Federal Aviation Administra-
tion Advisory Circular No. 150/5100-9, dated July, 1972,
entitled "Engineering Services Under the Airport Development
Aid Program".
1. The total of the CONSULTANT'S charges for actual
costs for services under Article II, paragraph A.,
General Engineering Supervision" shall not exceed
twelve thousand and 00/100 dollars ($12,000.00);
without the prior authorization and written ap-
proval of the ONWER, the FAA, and the Maine DOT.
The CONSULTANT'S fixed fee payment for general
engineering services shall be one thousand eight
hundred and 00/100 dollars ($1,800.00).
2. The total of the CONSULTANT'S charges for actual
costs for services under Article II, paragraT
^Resident Inspection of Construction" for a-
9 -
construction period not to exceed 13 weeks shall
not exceed twenty thousand and 00/100 dollars
($20,000.00) without the prior authorization and
written approval of the OWNER, FAA and Maine DOT.
The CONSULTANT'S fixed fee payment for resident
inspection services shall be three thousand and
00/100 dollars ($3,000.00). _
3. The total of the CONSULTANT'S charges for actual
costs for services under Article II, paragraph C.,
Control and Testing of Materials" shall not ex-
ceed six thousand five hundred and 00/100 dollars
($6,500.00); without prior authorization and writ-
ten approval of the OWNER, the FAA, and the Maine
DOT.
The CONSULTANT'S fixed fee payment for control and
testing of materia serer be nine hundred
seventy-five and 00/100 dollars ($975.00).
ARTICLE V. TIME AND METHOD OF PAYMENT
The CONSULTANT will make monthly application for payment for
the work completed under this AGREEMENT. The monthly appli-
cations shall be on forms approved by the OWNER. The OWNER
shall promptly review and process the monthly application
and shall make payment. to the CONSULTANT on a timely basis.
ARTICLE VI. _. TIME "FOR COMPLETION
A. Design Phase
The CONSULTANT shall complete all work under Article I of
this AGREEMENT and submit completed construction plans and
specifications to the OWNER, the FAA, the MOOT and other
agencies having jurisdiction for review within 150 calendar
days of receipt f a duly executed copy of this AGREEMENT
and written notice to proceed with the work.
B. Construction Phase
The CONSULTANT shall undertake all work under Articles II
and III of this AGREEMENT in a timely fashion as requested
by the OWNER and as required to facilitate progress and
completion of the PROSECT.
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ARTICLE VII.
The CONSULTANT shall assign an experienced Registered Pro-
fessional Engineer, acceptable to the OWNER, to be in re-
sponsible charge of the work performed under this AGREEMENT.
The CONSULTANT shall not replace the person in charge without
permission of the OWNER. The CONSULTANT shall assign such
other personnel to the work as may be necessary from time
to time to complete the work as required.
ARTICLE VIII. , TO BE PROVIDED BY THE OWNER
A. Existing Information
The OWNER shall provide the CONSULTANT with all available
information, data, plans, etc. pertinent to the CONSULTANT'S
work under this AGREEMENT. The OWNER shall assist the CON-
SULTANT as necessary to obtain available pertinent informa-
tion from Federal, State or local officials or from other
engineers or others who have previously worked for the OWNER
on matters affecting the PROSECT.
Actual field survey and soils investigations shall be under-
taken as outlined in Article I, paragraph B., and C., by
the OWNER through the City Engineering Department.
B. Access for Field Work
In order to complete designs, etc. it will be necessary for
the CONSULTANT'S personnel to undertake field investigations,
etc. on airport property. The OWNER shall arrange for timely
access by the CONSULTANT'S employees to all pertinent portions
of the airport.
C. Timing
The OWNER shall undertake the work hereinbefore specifically
described by the OWNER, and shall provide the CONSULTANT
with the results of such efforts 7n'a timely manner.
ARTICLE IX. COMPLIANCE WITH REGULATIONS
As the PROJECT is to be partially financed with Federal and
State grant aid, and is subject to the jurisdiction of the
FAA and the Maine DOT, it is a specific requirement of this
AGREEMENT that all work done by the CONSULTANT be in strict
compliance with all applicable rules, regulations, standard
specification, or other requirements of the Federal Aviation
EXHIBIT "B"
CONTRACT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROJECT ADMINISTRATION
AIRPORT IMPROVEMENTS
ADAP PROJECT NO. 6-23-0005-08
BANGOR INTERNATIONAL AIRPORT
CERTIFICATION OF CONSULTANT
I hereby certify that I am the Treasurer and duly authorized
representative of the firm Hoyle, Tanner & Associates, Inc.,
whose address is One Technology Park, Londonderry, New Hamp-
shire 03053, and that neither I nor the above firm I here
represent has:
(a) employed or retained for a commission, per-
centage, brokerage, contingent fee, or other
consideration, firm or person (other than a
bona fide employee working solely for me or
the above consultant) to solicit or secure
this contract.
(b) agreed, as an express or implied condition
for obtaining this contract, to employ or re-
tain the services of any firm or person i
connection with carrying out the contract,
or
(c) paid or agreed to pay to any firm, organiza-
tion, or person (other than a bona fide em-
ployee working solely for me or the above
consultant) any fee, contribution, donation,
or consideration of any kind for, or in con-
nection with, procuring or carrying out the
contract.
I acknowledge that this certificate is to be furnished to
the Federal Aviation Administration of the United States
Department of Transportation, in ection with this con-
tract involving participation of Airport Development Aid
Program (ADAP) funds and is subject tp ap licable State and
Federal laws, both criminal and cividl.
/l1 O V �n ic. /
(Dade) John W. Tanner
Page 1 0£ 1
4. Information and Reports. The Contractor shall
provide all �formatron t required by the Regula-
tions, or directives issued pursuant thereto, and shall per-
mit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by
the sponsor or the Federal Aviation Administration to be
pertinent to ascertain compliance with such Regulations
orders, and instruction. Where any information required of
a Contractor is in the exclusive possession of another who
fails or refuses to furnish this information the Contractor
shall so certify to the sponsor or the Federal Aviation
Administration as appropriate, and shall set forth what
efforts it has made to obtain the information.
5. Sanctions £or Noncompliance. In the event of
the Cohtractoi s noncomplianc with the nondiacx imina tion
provisions of this contract, the sponsor shall impose such
contract sanctions as it or the Federal Aviation Administra-
tion may determine to be appropriate, including, but not
limited to:
a. Withholding of payments to the Contractor
under the contract until the Contractor
complies, and/or
b. Cancellation, termination, or suspension
of the contract in whole or in part.
6. Incorporation of Provisions. The Contractor
shall include the provisions o paragraphs 1 through 5 in
every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Regulations o
directives issued pursuant thereto. The Contractor shall
take such action with respect to any subcontract or pro-
curement as the sponsor or the Federal Aviation Administra-
tion may direct asmans of enforcing such provisions in-
cluding
-cluding s nctionsfornoncompliance; provided however, that
in the event a Contractor becomes involved in, or is threat-
ened with, litigation with a subcontractor or supplier as a re-
sult of such direction, the Contractor may request the spon-
sor to enter into such litigation to protect the interests
of the sponsor, and, in addition, the Contractor may request
the United States to enter into such litigation to protect
the interest of the United States.
Page 2 of 2
EXHIBIT "A"
CONTRACT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROJECT ADMINISTRATION
AIRPORT IMPROVEMENTS r
ADAP PROJECT NO. 6-23-0005-08
BANGOR INTERNATIONAL AIRPORT
During the performance of this contract, Bayle-, Tanner 6
Associates, Inc. for itself, its assignees and successors
in interest (hereinafter referred to as the "Contractor")
agrees as follows:
1. Compliance with Regulations. The Contractor
shall comply wreTi e g agoacronsrive to nondiscrimin-
ation in Federally -assisted programs of the Department of
Transportation (hereinafter "DOT") Title 49 Code of Fed-
eral Regulations, Parc 21, as they may be amended from
time to time (hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a
part of this contract.
2. Nondiscrimination. The Contractor, with regard
to the work perper ormT�r�uring the contract, shall not
discriminate on the grounds of race, Color, or national
origin in the selection and retention of subcontractors,
including procurements of materials and leases of equip-
ment. The Contractor shall not participate. either direct-
ly or indirectly in the discrimination prohibited by section
21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix
B of the Regulations. -
3. Solicitations for Subcontracts: Including YYO-
urements of Materials an ent. n a 1 solicitations
either by competrtave inguormnegotiation made by the
Contractor for work to be performed under a subcontract,
including procurements of materials or leases of equipment
each potential subcontractor or supplier shall be notified
by the Contractor of the Contractor's obligations under
this contract and the Regulations relative to nondiscrim-
ination on the grounds of race, color, or national origin.
Page 1 of 2
Administration and the Maine DOT. It shall be the CONSUL-
TANT'S obligation to assist the OWNER in obtaining all re-
quired approvals from the FAA and the Maine DOT.
ARTICLE X. TERMINATION
This AGREEMENT may be terminated (in full or in part) by the
OWNER upon 10 day written notice to the CONSULTANT. Upon
such termination the OWNER shall pay the CONSULTANT all char-
ges made for work done prior to the termination and the CON-
SULTANT shall turn over to the OWNER all completed work in
what ever form'it then exists, and said work shall become
the property of the OWNER.
ARTICLE XI. ATTACHMENTS TO AGREEMENT
Exhibit "A" and Exhibit "B" which are appended at the end of
this AGREEMENT, are hereby made a part of this AGREEMENT by
reference and shall have the same full force and effect as
if they were here written out in full.
IN WITNESS WHEREOF, the parties hereto have affixed their
hands and seals at Penobscot County, Maine this day
of , 1980, first above written:
CITY OFBANGOR MAINE
WNER
Signed By:
Name & Title:
Date:
HOYLE, TANNER & ASSOCIATES, INC.
CONpSSUUL-TA/NTPPP
Signed By:
Treeasuasurre anner
er and Clerk
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