HomeMy WebLinkAbout2002-01-28 02-81 ORDERItem No. 02-81
Date:
Item/Subject: Authorizing City Manager to Execute A Local Project Agreement with
MDOT - Resurfacing Improvements to Oak Street, Between State Street
and York Street (PIN) 8831.OD
Responsible Department: Engineering
Commentary:
The attached Order authorizes execution of a routine Local Project Agreement with
MOOT, covering the local administration of the proposed Resurfacing Improvements to
Oak Street, Between State Street and York Street. (PIN) 8831.00.
We have executed similar agreements on a number of previous MOOT projects.
Execution of the agreement is recommended. A copy is attacpd.
Manager's Commeratum nardr
Associated Information: Qn®M I pvA.,wiy
Budget Approval: WQa
finance.
nr
Legal Approval:
,, Ory Solicitor
Introprrced for (r•.ew-v
Passage
_ First Readirg Page _ of
Referral
AssignNbCooncilw Allen Jauuary 28, 2002
CITY OF BANGOR
(TITLE.) Order,
Authorizing City Manager to Execute A Local Project
Agreement with MOOT - Resurfacing Improvements to Oak
Stree4 Between State Street and York Street (PIN) 8831.00
By the oty Cwmx? of the Cffy ofFangos:
ORDERED, THAT
the City Manager is hereby authorized and directed to execute a
Local Project Agreement with the Maine Department of Transportation covering the
local administration of the proposed Resurfacing of Oak Street, Between State Street
and York Street (PIN) 8831.00
A copy of the agreement is attached
11 c w COUNCIL
January 20. 2002 9
Motion Made and Seconded 02-01
for Passage
Passed ORDER
C1 d Title,Authoriaing City Manager to
Execute a Local Project Agreement with
MMOT - Resurfacing Improvements to Oak
Street, Between State Street and York
Street (PIM) signed to
0 Councilor
041
PX 8831.00
Form Ed. 112101
Page 2 of 11 Pages
1. Once such abudget is approved, expenditures subject to reimbumernm[ as hereinafter
provided shall not exceed my single cost category or budget line item amount by any
ore than tan (10%) percent without approval of the DEPARTMENT.
2. Mnoe mtshallthetotalofallsuchexpmdimr mceedthetollamomiallowable
forth¢ project w hereinafterpmvided under Paragraph 0.1.
C. The Cll sec notperformorauthoriu savicesorworkmd¢mitts Agremrmt
without first receiving the express approval in do in in writing from the
DEPARTMENT.
I. Such approval shall be contingent upon the DEPARTMENT receiving authorvation
from the Federal Highway Administration (hereafter FR WA) for federal participation
in the project costa hiceinbefore described
2. Any costa incurred by the CITY prior to receiving such approval fiom the
DEPARTMENT shall be ineligible for federal participation and therefore not
reimbursable by the DEPARTMENT order the provisions ofluticle R.
D. The CITY shall develop and prepare all of the necessary design plans, specifications,
eshmetes and contract documents for the project as dnected by the DEPARTMENT in
accordance with the DEPARTMENT's standard and procedures for procuring
construction contracts for federal -aid projects. The CITY shall submit all such plane,
specifications, estimates and contract documents to the DEPARTMENT far review and
approval prior to procuring my such contract..
1. All plans shall measure 22 inches by 36 inches and include the level of detail
rwceasaryto construct such improvements in ammner satisfactory b the
DEPARTMENT. Such plans may include, but are not necessarily limited to: title or
ver sheet, plan and profile, typical sections, standard details, special details act
moss sections.
2. All design features shall covf to the standards used by the DEPARTMENT as aft
forth in its "Highway Design Guide' and "Standard Detarde for Highways and
Bridges "=it comply with the DEPARTMENT's utility accomrnodation policy as
set forth in in: "Policy On Above Ground Utility Locatiout '. The design of the traffic
signal shall conform to NP.MA dual ring standards.
3. All plans and contract documents shall specify that the project be constructed in
compliance with the DEPARTMENT's "Srandard Specifscmions for Highways and
Bridges "(hereafter Standard Specifications).
4. The CITY shall be responsible for all necessary utility ccordimtim and shall certify
to the DEPARTMENT that all utilities potentially affected by the proposed highway
improvements have been notified and offered plans of flue proposed improvements.
Prior to the approval of final plans as hereinafter provided, the CITY dull certify to
02-81
PW8831.00
Form Ed 112101
Page 3 of]] Pages
the DEPARTMENT that all necessary ability adjustments or relocation have been
coordinated with the affected utility.
5. Any work involving force accmmt procedures shall reran the express approval of
the DEPARTMENT.
6. Upon approval of final design, all plans so approved shall become lmown as Nefinal
plans (hereafter Final Plans).
R The CITY may contract for engineering and design related services as necessarym
develop, design or wrvetuct the project, provided the selection and retention of my
individual or firm to provide or fumish my engineering or design related services for the
project (hereunder consvlmnt) shall be based upon qualifications in accordance with the
DEPARTMENT's consultant selection and retention procedures.
1. No contract for such services shall be awarded without the express approval of the
DEPARTMENT and FR WA pursuant to the provisions set forth under Part 172 of
Title 23 in the Uveal SYays Cade of Federal Regulanowr (hereafter CFR)
specifically, those provisions set forth therein under Section t72.5(d).
2. Tne CITYslmlIVp fflcdlymonitorallworkperformedwda mysuchcontect
pursuant to the provisions of23 CFA 1]2.13.
3. The DEPARTMENT may acceptor jest anywarkperformedorprocured under
any mch contact pursuant to the provisioru of23 CFR i'/2.5(d).
F. The CITY shall develop andprepare dl ®vnovmmtal studies and reports necessary for
the projmt as directed by the DEPARTMENT. Al] such stadies and Mods shall be
submitted b the DEPARTMENT, from time to time, for review, wmmeut and
acoeptance.
G. The DEPARTMENT shall prepare and submit to F'llWA for concurrence all
mviromnmtal documentation required for the project under the provisions of the
National En hronmened Polity Act(NEPA).
H. The CITY shall obtain all pemdts necessary to wastuct the project.
I. The CITY shall encourage public participation in the development of the project pnor0
vitiating any find design.
J. The CITY dull certify that ample fight -of -way is available to construct and maintain @e
project and that such right-of-way is free of all mcroachments that mould interfere with
such construction prior to being allowed to solicit forbids to construct the project.
1. The use ofall public land under the ownership and control of the parties hereto shall
be made available for all purposes necessary or incidental to the project without my
costtotheproject.
m -al
PM883I.00
Form Ed 1112101
Page 4 of 11 Pages
a The DEPARTMENT shall retain all right, title and interest fast it presently
holds in and to my of me property and for the project
b. Any municipal property that is used for the project shall be dedicated for public
use as perpetuity by the CITY for so long as the improveiner¢s command order,
the project or otherwise intanded by the project exists.
1) Such dedication shall include a suitable boundary tine or mgineering
description sufficient b locate and define such land with ties to a reproducible
control line.
2) The CITY shall forward a copy of such dedication and description to the
DEPARTMENT.
2. If any additional right-of-way is necessary to adaryately combust and maintain the
project than the CTl'Y shall acquire such nght-af-way as hereinaft«provided.
a All such righrof-way shall be acquired in accordance with the Un:form
Relondom Assistance and Real Pro ry Acquisition Polices AG of1970 as
amended by the United State Congress in 1987 (Uniform Act) pursnmt to the
provisions set forth under 49 CFR Part 24.
b. The CTPY shall certify that all suchright-ofway was acquired, is available and is
See of all eacroachnards in accordance with the provisions of the Uniform Act.
3. The ClWdWlfunis wflie DEPARTMENTariglrt-of-waymaporsi uplm
prepared in accordance with the DEPARTMENT's specifications detailing my
right-of-way acquved for or dedicated to the project.
K. Upon approval by flee DEPARTMENT, the CITY shall solicit for competitive bids and
award a contract to construct the project in accordance with the Final Plans and Standard
Specifications as follows:
1. Such solicitation and all procedures pertaining to the procurement of such a contract
shall be in accordance with the DEPARTMENT's procurement policy and
procedures for federal -aid projects, unless approved otherwise by the
DEPARTMENT.
2. Both the CITY and the DEPARTMENT shall have the right to accept or reject my
and all bids received as aresult of such solicitation.
3. The CTTY shall out award my such contract without the express approval of the
DEPARTMENT.
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Form Ed. 1112101
Page 5 of II Pagea
4. Upon such award, the= shall arrange for aprecoosauction meeting to roommate
the construction of the p jest with tine DEPARTMENT, the contmcmr, and any and
all utilities and other parties directly involved in such construction.
L. The CITY shall administer such a contract so awarded and provide all of the necessary
supervision,inspection and documentation required to ensure that the project is
completed in a satisfactory cancer is accordance with Me Final Plans and Standard
Specifications as heromemerprovided.
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 on measure and
document the quantity and quality of all work performer coder this Agreement and to
teat the materials used therein in an accurate and uniform mummer. All
documentation, including all seems documents used as the basis ofpaymem for such
work, shall become amatter of record and retained as hereinafter provided under
Article III, Paragraph A.
3. All traffic throughout die work areas an the project shall be controlled in accordance
with the provisions of Part VI ofFRWA's "Manual on Un form Traffic Control
Dew'cesfor Strias and Highumys"(MUTCD).
4. Upon completion of the project, the CITY shall provide a compliance certification
from a registered Professional Engineer authorized to practice in the State ofIvlaine
that the project was constructed in a satisfacimy mamer in accordance with the Final
Plans aM Standard Specifications and that the quantity and quality of all work
performed under this Agreement east all of me materials used m such construction
were measured and documented as hereinbefore provided and red all specification
requirements of the construction contract.
M. The DEPARTMENT may inspect construction of me proposal and all documentation
pertaining thereto at any time dming the period ofconstr anon and may test any of the
materials used theneiv on ensure compliance with me Final Plans and Standard
Specifications. The DEPARTMENT may reject any, wink or materials not N such
compliance. Upon completion ofconstruction, the DEPARTMENT may inspect the
project on determine the acceptability, therwfprior to paying arty final claim for
reimbumement ofproject costs as hmontafter provided under Article II, Paragraph C.2.
N. The CITY shall update the Final Plans as necessary on show all changes or additions
made duringtheperiodofconahuctioa Upon completion ofconswction, the CITY
shaD famish w the DEPARTMENT a reproducible set ofup-wdee Final Plain m
"As -Built Plans"showing all details of the project as demanded on mylar sheets
meanming exactly M inches by 36 inches, or sheets ofthe same size on any equivilem
medium ofzrchival quality which is suitable and acceptable to the DEPARTMENT for
permanent filing.
02-81
PLN8831.00
Form Ed 1112101
Page 6 of 11 Pages
0. The CITY shall mason changes in the scope "objectives oftheproject, or any ofthe
costs thxeof other than as hereinafter provided, without the express written approval of
the DEPAR'1'W
1. An approved change shall be required to increase the cost ofthe project whenever
ezp®ditures are expected m exceed any approved single cost category or budge line
item amoum by more than ten (100%) percent as herembacera provided ander
Paragraph D. I or wbe werr the total of all participating project costs as defined under
Article U, Paragraph A.I is expected to exceed the sum as hereinafter slowed m no
event shall the total of all such participating project costs, together with all costs
incurred by the DEPARTMENT as hereinafter provided under Article D, Paragraph
B, exceed One HuMredSixry Thousand ($160,000) Dollars without the express
written approval ofthe DEPARTMENT.
2. An approved change shall also be required to revise, modify or change the scope or
objectives ofthe project or any ofthe cost sharing orreimbumemev[ provisions set
forth herein, to extend"simmer the period ofthin Agreement car to change any ofthe
other terms set forth herein.
P. The CITY shall assure that all work undertaken by the CITY or any of its consultants or
contractors pursuant in this Agreement conforms f all applicable federal, state and local
haws. Specifically,federah laws and regulations covering such work are set forth under
Title 23 to the United States Cade (bereafta USC) f applicable statutory law and 23
CPR for applicable administrative law. General administrative requirements relative to
federally funded activities are also contained under 49 CFR Part 18 entitled "Uniform
Adinmatrative Requirementsfor Grants and Cooperative Agreements to State andLocal
Governmervs". Miowabilityfap"ticipatingcostaissdforthanddms beth e
Executive Office of the President ofthe United States' Office of Manage"ent and Budget
(OMB) Circular A-8] entitled "Cost Principles for State and Local (hvernments".
Q. The CITY shall maintain all improvements constructed order the project in sucha
answer as is necessary m preserve the one had function thereufas intended by Cheproject,
Such maintenance shall be consistent with the same loads and level of maintenance
provided by the CFIY for all other major highways and arterials maintained by the
CITY.
H. COST SHARING & REIMBURSEMENT PROCEDURES
A. The DEPARTMENT shall be asponsibhe for spectra ofthe cost to develop, design and
construct the protean (heresfterpmt ect costs) as follows:
1. The DEPARTMENT shall provide federal funds available m it through PRWA
@eaafler federal share) at the rate of eighty and twenty-eight hundtedths (80.28%)
percent of all project costs deemed eligible for federal participation (hereafter
parddpaavgpmyceir costs) in accordance withall applicable federal laws and
W-(1
PLN8831.00
Form Ed. M/01
Page ] of I] Pages
regulations as; set with wrier Article I, Pamgmph P, to the extent that the total of at
participating costs shall not exceed One Hundred Scary Thousand ($160,000)
Dollars without the express written approval of the DEPARTMENT as heranbefore
provided under Article I, Paragraph 0.1.
2. The DEPARTMENT shall also provide all ofthenw-federal ormatching share of
all participating project costs heeimbefere described after deducting the CITY's share
of mch coats as provided underParagraph B below.
B. The CITY shall be responsible for at least ton(IO%) percent of all project tests,
including all project costs incwM bythe DEPARTMENT, and my project costs
deemed ineligible for federal participation under the provisions of Article I, Paragraph
C.2 and Paragraph C.6 below, unless otherwise agreed to in writing as hereinbefore
provided under Article I, Paragraph 0.2.
C. The DEPARTMENT shall reimburse the CITY for an more than ninety (90%o)percent
of all project costs incurred by the CITY as follows:
1. Its no event shall the total of such reimbursement eec«d One Hundred Foray -Four
Thousand ($144,000) Dollars without the express written approval of the
DEPARTMENT ae hereinbefore provided.
2. The CITY shall bill the DEPARTMENT no less thm monthly for all claims for all
allowable direct and ramal participating project coats incurred under the provisions of
thus Agreement Swh wst =c incurml wheneverwork u pmfD med, gwds and
services are received or a cash disbursement is made. All claims for such coats shall
be submitted on the CITY's billhead or invoice and be itemized m a least the same
detailmimn dintheapprovedprojwtbudget. The CITYshahl show its shmeof
each costs on all claims submitted fm reimburaemeut. Each clave so submitted shall
imclude m aaumulative total for ail casts incuned by cost category orbudget line
item. Each clave shall also include a unification from a qualified employee in
responsible charge of the project that all ammunts so claimed for reimbursement are
correct, due and not clammed previously and that all work for which such
reimbursement is being claimed was Isothermal in accordance with the terms of this
Agreement or my specific owning applicable the sto approved by the
DEPARTMENT wrier the terms of thus Agreement.
3. Iflms then One nousmd ($1000) Dollam is mch reimbursable costs are inured in
any me month peiod or regularly scheduled billing Period of least one month
duration. the CITY shall defer my such claim therefor until the next month or
regularly scheduled billing pound in which at least One Thousand ($1000) Dollars in
such rar burnable costs have been incurml or until the last or final claim is submitted
forreimburseent. Pay wtofmyfinAclaimmaybesubjwttoafinal fta tim
of the project by the DEPARTMENT to determine the acceptability thermf as
hereinbefore provided under Article 1, Paragraph M.
02-91
PM883I.00
Form Ed lIaMI
Page 8 of 11 Pager
4. The DEPARTMENT shall defect all ofthe CUTY's share of such costs as described
under Paragraph ll above, if not otherwise deducted on any such claim so submitted,
including from time to time its share of those cons incurred by the DEPARTMENT
to develop, inspect and admioinerthe pmjcot as therein provided, and retainage as
hereinafter provided prim to coaling my reimbursement.
5. The DEPARTMENT shell withhold and retain two and one-half(2Yz ti) percent of
all such reimbursements until all work undertaken by the CITY pursuant to this
Agreement is completed sambfectorily. The DEPARTMENT may retain temporarily
or permanently any portiou of such reimbursements so remixed which it deems
equitable until such time as all things required of the CITY under this Agreement are
receival, completed or accomplished In the satishction of the DEPARTMENT.
6. If the CITY withdraws from the project, suspends or delays work on the project or
takes some other action, including any seta ofcommissien or omission, without
concurrence of the DEPARTMENT which results m the loss of federal participation
in any of the reimbursable project costs described hero4 the CITY shall become
reaponsible for all of the federal share ofsach cons, and if necessary, shall refund to
the DEPARTMENT au of feferah shore of any reimbamemem reserved for such
costs prior to any such loss of such participation. .
M. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT
A. The CITY shall maintain all project records for at least a period of tree (3) years from
the daze of the tan or £ural submission of claim fun reimbursement for project costs in
accordance with the provisions of 49 CPR 18.42(6), except as otherwise provided under
subparagraph 1 below.
1. If any litigation, claim, negotiation audit or other action involving such records bris
begun prior to she expiration of such period, then all records shall be retained until all
action and resolution of all issues arising therefrom are complete if such action or
resolution extends beyond the three year period bereinbefore described.
2. The CULT shall assurethat in accordance with the provisions of 49 CPR 18.42(3), the
DEPARTMENT and FRWA, and if necessary, the Comptroller General of the
United Stares, or my of their authorized representatives, shall have full access at my
and all reasonable times to all records ofthe project for At proposes necessarym
' make audits, emrrrmuimrs excerpts or hamcripts.
D. The CITY shall assure that all applicable audit requirements are met in accordance with
the provisions of OMD Circular A-133.
M GENERAL PROVISIONS
A. 1NDEPENDSNT CAPACITY. WLileperforming work mmder this Agreement, the
CITY, its employees, agents, representatives, conaultmte or contractors, sball act in an
w4ri
PM8831.00
Form Ed 1112101
Page 9 ofll Pages
independent capacityfrom the DEPARTMENT, and not as officers, employees or agents
thereof.
B. CONTRACT ADMDiISTRATOR The DEPARTMENT shall assign a Project
Manage m act as the Contract Administrator on behalf of the DEPARTMENT under the
Rams of this Agreement. As the DEPARTMENT's representative, the Contract
Administrator shall have authority to stop the work ifnwessary, an aysme proper
execution dastard in accordance with tams of this Agreement. All bills or invoices bar
Payment, progress reports, chums, correspondence and all project related submissions
from the CITY shall be seat directly to the Contract Administrator.
C. LIABILITY. Myamomtpaidoutbytlie DEPARTMENTarisingoutoforfinmmy
missions or failures on the pan of the CITY m ma[ professional standards of
or anction engineering and inspection shall be recovered from the CITY by reductions
in any reimbursements due it order the tams of this Agreement m by any other legal
means. The DEPARTMENTshOlpromptlynotifytha=ifmypot fialclaim
arises under the provisions of this Article. The CITY shall be afforded doll opportunity
for a def aalmarat my such claim. If it is subsequently determined that any such
reduction m my nombumanent due the CITY by the DEPARTMENT was either
arbitrary, capricious or fiaudulent, [hen my amount so reduced shall be paid promptly.
D. INDEMNIFICATION. The CITY shall indemnify and hold harmless the
DEPARTMENT and its collects, agents and employees firm my and all claim, suits or
liabilities of every kind or nature arising am of or ham any negfig t, intentional,
midiciaus or carnal ret error or omission by the CITY or my of its consultants or
wntracmrs occurring as the result of any work undalaken by the CITY personal to this
Agreement. Wsprovisionshallsurvivemytemimtionmp ireflonoftbis Agreemmt
as hereinafter provided under Article V, Paragraph C. Nothing lament shall, nor is
intended to, waive my defense immmuty or limitation of liability which may be available
m the CITY or the DEPARTMENT, its or their officers, agents or employess, ander the
Maine Tort Claims Ad pursuant m the provisions of Section 8101 at seq, in Title 14 of
the Maine Revved Stmares Annotated (hereafter MRSA) or my other privileges or
immunities as may be provided by law.
E. CONFmENTIALITY. The parties hecto agree Nat aU information pertaitivgm
engineering war estimates and any riglnaf--way matters, if applicable, shall be kept
confidential pursuant to the provisions of 23 MRSA § 63.
P. EQUAL EMPLOYMENT OPPORTONITY AND AFPDtMATIVE ACTION. During
the performance of any work undertaken parsumt to tins Agreement, the CITY shall not
discriminate against my employee or applicant for employment relating specifically m
such work because of race, color, religious creed, sex, national ofigim ancestry, age or
physical handicap. The CITY shall take of irmadve action m ensure that all such
employees or applicants are treated without regard to their race, color, religion, sex, age
or national origin during the period of such work.
MAI
P1N8831.00
Form Ed. 1112101
Page 10 ofll Pages
G. INSURANCE. The CITY shall require any and all consultants, contractors or
subcondracuum performing my of the services or work undertaken pursumt to this
Agreement to be insured as accordance with the provisions set forth under Saxon 103.08
of the DEPARTMENT's Standard Specifications.
H. 0WNERS111P. All plans, reports, notes, papas or other tangible work produced by or on
behalf of the CITY under the terms of this A rearnent shall be the property of the
DEPARTMENT and shall be turned over m the DEPARTMENT upon request
following completion or nomination of the project The CITY shall be allowed an
interest therein commemorate with it share of the project cost.
1. SUBSEQUENT DOCUMENTATION. The parties hereto agree m execute all
documents and take all actions necessary or mcidental to implement the provisions of dim
Agreement
J. SUBLETTING, ASSIGNMENT OR TRANSPEIt. The CITY shall not sublet' sell,
transfer, assign or otherwise dispose of this Agreement or any portion thereof or any
right, title or interest Herein without the express written consent of the DEPARTMENT.
No contract, agream an or transfer of this Agreement shall in any case release or relieve
the CITY from my liability under this Agreement
K. ENTutEAGItEIA-IEMf.'1'tiia Ageemmtwntainsthemtiroagreemmtbetweenthe
parties hereto rohdive to 01 matters oftheproject and neither party shall be bound by my
statement, conespondows, agreement or representation made previous hereto which is
not expressly contained herein.
L. TBRhRNATION. The DEPARTMENT may postpone, suspend, abandon or otherwise
terminate this Agreement open written notice to the CITY and no event shall any such
action be deemed a breach of ommum. In the event that the reason for termination is
other than for any failure by the CITY, the DEPARTMENT shall give the CITY a
written durty (30) day notice of termination. Postponement, suspension, sbandomm ant or
[amination may be taken for any reason by the DEPARTMENT or specifically as the
rea It of any failure by the CTEV or any contractor thereunder to perform my of the
services required coda this Agreemmtmthesafisfmtionofthe DEPARTMENT. Upon
receipt of written namfication from the DEPARTMENT that this Agreement is to be
postponed, suspended, abandoned or terminated for my of the foregoing reaame, the
CITY or any contractor thereunder shall immediately cease all work or services subject
to such termination, except my weir required m protect public health and safety, and tum
over to the DEPARTMENT within thirty (30) days following the effective date of such
termination. all project records, documentation and construction materials in place or
purchasedfor the project pursuant to this Agreement Upon receipt of such records,
documentation and materials, the DEPARTMENT shall reimburse or amamge a
settlement with the CITY in me of the following manners:
PEM8831.00
Form Ed. 112 1
Page ll ofli Pages
1. Ifthe postponement, suspension, abendonmeutorterminafion is far any reason otha
than that set forth under subparagraph 2 below, the CITY sball be reimbursed for all
work or services accomplished up add the date of such termination.
2. If the postponement, suspension, abandonment or termination is the result of my
failure by the CTTY or my contractor thereunder to coma my unsatisfactory
perfrmance after receiving fifteen (15) days written notice from the
DEPARTMENT setting forth the basis of such dissatisfaction, the CPTY's
eimburn ment shall be Headed to payment for acceptable work or services
accomplished up unfit the date of such terminaflon.
V. TERMS OF AGREEMENT
A All of the provisions set forth coder Articles I and B shall expire upon satisfactory
completion of the terms set forth therein a three (3) years Gam the date hereof,
whichever occurs first, urless otherwise terminated sooner or extended laza in writing as
hereinbefore provided under Article I, Paragraph 0.2.
B. All of the provisions setbonds under Articles M and N, except Article N, Paragraph D,
shall eapim upon satisfactory completion of the terms set forth under Article M, ardess
tertvivet� sooner or extended later in writing as hereinbefore provided ander Article 1,
Paragraph 0.2.
C. The indemnification provision se[bonds muter Article N, Paragraph D shall remain in full
fame and effect indefinitely or until specifically tantinated, modified or amended f
writing by the parties hereto or negated by any operation of law.
W. APPROVAL
This AGREEMENT has been approved and signed m duplicate by the parties below and
becomes effwtive ou the day and date first above written.
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
By:
Witness Warren T. Foster, Director
Bureau fP Ject Development
CITY OF BANGOR
By.
Edward A. Barren, 0ty Manager
pre 111SNI
02-81