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HomeMy WebLinkAbout2000-08-28 00-320 ORDERCOUNCIL ACTION Date: August 28. 2000 Item No.: W-320 Item/SnbjecL Authorizing City Manager to Local Project Agreement with MOT -Traffic Signal oQ Griffin Road & Kendusl ng Ave. (PIN) 8880.00 Responsible Department: Engineering Commentary: The attached Order authorizes execution of a rou6ue Local Project Agreement with MDOT, covering the local administration of this proposed traffic signal at the intersection of Griffm Road and Kenduskeag Avenue (PIN) 8880.00 We have executed similar agreements on a number of previous MOOT projects. Execution of the agreement is recommended. A ropy is attached. vlo/ porementHead Manageia comments w PS0PJ� . '(kta J- g Associated hSonvation:0 Budget Approval: /iCyG uwxeDirecto� Legal Approval: cysdmnar Passage First Reading ❑ Referral Page 00-320 Asv�dto CawcOw elavebette august 28, 2000 CITY OF BANGOR (TIRE.) Order, By NIP o ycomm#offt Ery ofBsigm: ORDERED. Awhonang City Mavaga to Execute Intel Agect A&e Wvn&MOOT-Traffic Sieoal Q Griffin Road& Kenduskesg Ave. M" 8880.W THAT the City Manager is hereby authonzDd and directed to execute a Ince] Project Agseeneat wiN Ne Maine Depamrent of Tnueponetion covering Na local adminishation of this proposed traffic signal a the intersection offiritfin Road end Kenduskeag Avenue (P" 8880.0o. A copy of the agreanent is etmched. IN an COONCIL I 28. 2000 00-320 � ORDER 1August CITY TMe,autiscrizins City ma, Get to Garrote Local Project at Griffin"80.Road N00T - 4efiic at ROa Ave.goai and Readuskeag A(PIN) 8080.00 AsftMd IO .. 1 9"JtZ CWIdlor 00-320 LOCAL PROJECT AGREEMENT Br3rwEEPr STATE OF MAINE DEPARTMENT OF TRANSPORTATION ANO 3B0 CITY OF BANGOR RecARUDSB THE PROPOSED INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF GRIFFIN ROAD & KENDUSKEAG AVENUE oxosa FEDERAL AID PROJECT NO. STP -8880(00) PROJECT IDENTIFICATION NUMBER (PIN) 8880.00 This AGREEMENT is entered iota on this dry of , 2000 by and between the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (hereafter DEPARTMENT) and the CM OF BANGOR a body corporate and politic located in the County of Penobscot (hereafter CrM regarding the proposed installation of fally-actuated traffic signal along with associated lane markings at the intersection of Griffin Road and Kenduskeag Avenue in Bangor as a locally -administered project under Federal Aid Project No. STP-8880(00)/Projw Identification Number (PIN) 8880.00 (hereafterprojecl) as follows. A. The purpose of the project is to install a fu8y-actuated traffic signal and associated lane markings (hereafter dajlc sopa0 at the intersection of Griffin Road and Kenduskeag Avenue in Bangor at atotal pertichuning cost as defined under Article H, Paragraph A.1 not to exceed Ri0g One Thousand (551,000) Dallas as hereinafter provided under Paragraph0.1. Rambummrent shall be limited to such participating cost as hereinafter provided under Article R. B. The CITY shall submit a line item budget to the DEPARTMENT for approval based upon a detailed estimate of project costa 1. Once such a budget is approved, expenditures subject to reimbursement as hereinafter provided shall not exceed any single cost category or budget line item amount by any more than ten (10%) percent without approval of the DEPARTMENT. 2. In an event shag the total of all such expenditures exceed the total amount allowable for the project as hereinafter Provided under Paragraph 0.l. - 00-320 PIN8880.00 F Fd 8/10/00 Page 2 of 11 Pages C. The CITY shall not perforin or summarize any services or work under this Agreement without first receiving 0e express approval to do an in writing fiom the DEPARTMENT 1. Such approval shall be contingent upon the DEPARTMENT receiving authorization, from the Federal Highway Administration (hereafter FRWA) for federal participation in the project costs hereinbefore described. Any costs incurred by the CITY prior to receiving such approval floes the DEPARTMENT shall be ineligible for federal participation and therefore out reimbursable by the DEPARTMENT under the provisions ofMicie U. 2. Such approval shag also be contingent upon the CITY executing eMu dcipal/Smm Agreement simultaneously, herewith naming to operate and maintain the bride signal. D. The CITY shall develop and prepare all of the necessary design plans, specifications, estimates and contract documents for the project as d'vecred by the DEPARTMENT N accordaroe with the DEPARTMENT's standards and pracedmea for procuring construction contracts for federal -aid projects. The CITY shall submit all such plans, specifications, estimates and contract documents to the DEPARTMENT for review and approval prior to procuring any such contrast. 1. All plans shall measure 22 inches by 36 inches anal include the level of detail necessary to install the track signed in a summer eatial'acmry to the DEPAMfM ENT. Such plans shall include signal timing, phase diagrams, notes and proposed signal layout as well as title or cover ehxt and any Orbe necessary plan and detail sheets. 2. All plans and contract documents shall specify that the track signal be installed in compliance with the DEPARTMENT's "Sandford Spec fcationsjbr Nrghamys and Bridges " (hereafter Standard Specifications), NEMA dual ring standards, and where applicable, shall conform to the DEPARTMENT's highway design standards as sec forth in its'llighway Design Guide". 3. The proposed installation ofthe track squad shall cord'orm to the DEPARTikial utility accommodation policy as its forth in its "Policy On Above Ground Uehry Locations". The CITY shall be responsible for all necessary utility coordination as follows: a. The CITY shag catifytothe DEPARThIENTthatallufififiespotentialty affected by the project have been notified and offered plans of the proposed improvements. b. Prior to the approval offinsl plans as hereinafter provided the CPPV shag certify to the DEPARTMENT that all necessary utility adjustments or relocation have been coordinated with the affected utility. 4. AM work involving force account procedures shall require the express approval of the DEPARTMENT. M PIN8880.00 Form Ed 8/10/00 Page 3 of 11 Pages 5. Upon approval offinal design, all plans so approved shall become known as thefinal plaras(hereafer Final Plsns). E. The Cf FY may contract for engineering and design related services as necessary forth project, provided the selection and retention ofany individual or firm to provide or famish any such engineering or design related services (hereafter cosunkant) shall be based upon qualifications in accordance with the DEPAft ME 's consultant selection and retention procedures. L No contract for such services shall be awarded without the express approval of the DEPARTMENT and FIFWA punuam to the provisions set forth under Part 172 of Title M in the Uniredfavor Code olFederal Regulanwu (hereafter CFR) specifically, those provisions set forth therein under Section I72.5(d). 2. The CITY shall specifically monitor a0 work performed under any such contract. pursuant to the provisions of 23 CFR In 13. 3. The DEPARTMENT may accept or reject any work performed or procured under any such contract purssert to the provisions of 23 CFR 172.5(d). F. The CM shall develop and prepare au ervvorwental studies and reports necessary for the project as directed by the DEPARTMENT. Ag such studies and reports shall be submitted to the DEPARTMENT for review, comment and acceptance. G. The DEPARTMENT ahall prepare and submit to F1H[1V4'A for concarrence all emiromnental documentation required for the project under the provisions of the Nation! Environmental Policy Act (NEPA). H. The CM shall obtain all permits seceesary for the project. f. The CITY shall encourage the participation of the public in the development of the project J. The use of all public land under the ownership and control of the parties hereto shall be made available for all purposes necessary or incidental in the project without any cost to the project. 1. The DEPARTMENT shall retain all right, title and interest that it presently holds in and to any of the property used for the project. 2. My municipal property that is used for the project shall be dedicated for public use in perpetuity by the CITY for so long as any improvements made under the project exist a. Such dedication shall include a suitable boundary line or engineering description sufficient to locate and define such land with has to a reproducible control line. 00-320 PIN8880.00 Form Ed 9/10/00 Page 4 of 11 Pages Is Awpyofmchdedimionwithdescdptionaforeseidshallbef rite wffie DEPARTMENT prior to being allowed to solicit for bids to install the tmdre Signal 3. The CITY may acquire and famish any additional rightof-way necessary for the project prior to being allowed to solich for bids to install the traffic signal, provided: a. All such right-ofwey be acquired in accordance with the Uniif mRelxarion Assisrmue mrd Real ProperyAcquisaion Policies Acs of 1970 as amended by the United State Congress in 1987 (Urdform Act) pursuant to the provisions set forth under 49 CFR Part ]A. b. The CITY certify that all such right f -way was acquired and available in accordance with the provisions of the Uniform Act and Ree of all encroachments prior to being sslowe to solicit for such bide c. The Cr1'7V famish to the DEPARTMENT a sight -of -way reap or similar plan proposed in accordance with the DEPARTMENT's specifications detailing all right-of-way an acquire. E. Upon approval by the DEPARTMENT, the CrlY shall solicit for competitive bids and award a contract to install the tock signal in accordance with the plans and specifications approved by the DEPARTMENT as foSaws: 1. Such solicitation and all procedures pertaining to the procurement of such a contract shall be nt accordance with the DEPART'MENT'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 any and all bids received as a result of web solicitation. 3. The CITY shall not award any such descent without the express approval of the DEPARTMENT. 4. Upon such award, the CM shall arrange for a preconstwction meeting to coordinate the construction of the project with the DEPARTMENT, the dentmarm, and any and all utilities and other parties directly involved in web construction. L. The= shall administer web a contract an awarded and provide all of the necessary supervision, inspection and documentation required to ensure that the project is completed in a setisfactory manner in accordance with the Final Plans and Standard Specifications as hereinafter provided. 1. The CITY shall provide a bill -time classified employee to be in responsible charge of the project 00-320 PIN8880.00 Form Ed 8/10/00 Page 5 ofll Pages 2, The CITY shall use procedures acceptable to the DEPARTMENT to mewurr and document the quantity and quality of all work performed under this Agreement and to test the materials used therein in an accurate and uniforms answer. All documentation, including all source documents used as the basis of payment for web work shall become a matter of record sod retained as hereinafter provided under Article Dl, Paragraph A. 3. Alltraffic throughout the weak was on the project shall be controlled in accordance with the provisions of Pant VI ofFHWA's "Manual on Ung Trak Cana! Devices fan Ssreers mdH'ghways"(MUTCD). 4. Upon completion of the project, the CITY shall provide a compliance ratification from a registered Professional Engines wthonzed to practice in the State of Maine that the traffic signal was installed in a satisfactory manner in accordance with the Final Plans and Standard Specifications aM that the quantity and quality of all work performed under this Agreesneid and all of the materials used in each installation were measured and dext mewed as hercinbefore provided and met all of the specification requirements of the installation omdract. M. The DEPARTMENT may inspect the installation of the traffic signal and all documentation pertaining thereto at any time during the period of web installation and may tat any of the materials used in such installation to ensure compliance with the Fwd Plans and Standard Specifications, The DEPARTMENT may reject soy work or materiels not in web compliance Upon completion of web installation, the DEPARTMENT may inspect the project to determine the acceptability thereof prior to paying any final claim for reimbumement of project costs a hereinafter provided under Article H, Paragraph C2. N. The CITY shall update the Final Pleas as necessary to show any changes or additions madetotheproject. Upon completion ofthe pmjoct, the CM shall Pomish to the DEPARTMENT a reproducible set of up-toAhae Final Plans as'AsBuilr Plow" showing all details ofd¢ wmplded project on mylar sheets measuring exactly 22 inches by 36 inches, or sheds afthe serine size on wry equivilent medium of archived qualitywhich is suitable and acceptable to the DEPARTMENT for pununeM filing. O. The CEFY shall make no changes in the scope or objectives of the project, or soy of the costs drowsy other them as hereinafter provided, without the express. written approval of the DEPARTMENT. 1. An approved change shill be required to increase the east of the project whenever expwdinnes are exported to exceed any approved single cost category or budget line item amount by more than ten (IMad perces as hereinbefore provided under Paragraph B.1 or whenever the total of all participating project costs as defined under Article H, Paragraph A is expected to exceed the sum as hereinafter allowed. Iri no event shall the total of all such participating project create, together with all cons incurred by the DEPARTMENT an hereinafter provided under Article H, Paragraph PMW80.00 Form Fd 8/10/00 Puget 6aj11 Pages B, exceed the sum of Fifry-One TBwsand (851,000) "ars without the express written approval of the DEPARTMENT. 2. An approved change shall also be required to revise, modify or change the scope or objectives ofthe project or any of the cost sharing or re'unbureement provisions ser forth berem, to mend or shorten the period of this Agreement or to change asry of the other tares net form herein. The CITY shall assure that all work undertaken by the =air any ofits consultants or momentum pursuant to this Agreement conforms to all applicable federal, state and local laws. Specifically, federal laws and regulations covering such work are set forth under Title 23 in the United Sector Code (hereeRer USC) for applicable statutory law and M CMA:rr applicable admwarrative law. CmoW admin Wative reyu'i a is mladve w federal funded activities are also contained under 49 CFR Part 18 entitled "Un j Adminimmive Requirements jor Grouses mid Cooperative Agreements he Stare arra(Local Govennnents". Allowability for participating costs is set fond and described in the Executive Office of the President nithe United States' Office ofAdaoagemem and Budget (OMB) Circular A-87 entitled "CosrPrtnctplerjm Syme and Local Goverrvnenrs", D. COST SHARING@ REEIVERMEMERT PROCEDURES A The DEPARTIH}:NT shall be responsible for costa of the proj=(bereaflerpojece cosec) by providing federal funds available to it through FHWA (hercafterjederul share) a the rate of nicety (M/o) percent of all project costs demand eligible for federal participation (hereeflerpmdcrpatirglsojecr costs) m accordance with all applicable federal laws and regulations as ad forth under Article L Paragraph P, to the anent that the total of all participating coeds shell not exceed Ftfry-One TboasaM (851,000) Dollars without the express written approved ofthe DEPARTMENT as hereinbefore provided under Article LPamgmph0.l. The DEPARTMENT shall also use suite funds to pay the non-federal or matching share of all such participating project costs. B. The CITY shag he responsible for any project coats deemed ineligible for federal participation underthe provisions ofMicle L Paragraph C.I and Paragraph CA below, unless otherwise agreed to in writing as berdnbefore provided under Article L Paragraph 0.2 C. The DEPARTMENT shall reimburse the CITY for ell such participating project cost incurred by the CITY as follows: 1. The CITY shall bill the DEPARTMENT an less than monthly for all claims for all allowable dvect and actual participating project cost incurred under the provisions of this Agramem. Such cost are incurred whenever work is performed, goods and services are received or a cash disbursement is made. All daims for such costs shall be submitted on the CITY's billhead or invoice and be itemized in at lease the same detail ar itemized in the approved project budget. The CITY shall slaw, its share of such costs on all claim submitted for reimbursement. Bach claim so submitted shall include PIN8880.00 Form 8/10/00 Page 7of11 Pages an accumulative Mal for all costs incurred by cos[ 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 corms, due and not clamed previwsly and that ell work for which such reimbursement is being claimed was performed in accordance with the terms of this Agreement or my specific contract applicable thereto approved by the DEPARTMENT under the care; of this Agreement. 2. In the event that less than One Thousand (S ION) Dollars in such reimbursable costa are incurred in any we month period or regularly scheduled billing period of at least one month duration, the CT shall defer my such claim therefor until the nem morph or regularly scheduled billing period at which al least One Thousand ($1000) Delius in such reimbursable costs have been inmrted or not the last or fund clam is submitted for reimbursement. PayrnentofmyfinalclammaybembjecttoafW impaction of the project by the DEPARTMENT to determine the acceptability thereof as hereinbefore provided under Article I, Paragraph M. 3. The DEPARTMENT shall withhold and retain two atW one-haf(2Ya°/n)percera of all vault reimbursements until all work undertaken by the CITY pursuant to this Agremmmtis emplaced satisfactorily. Throe DEPARTMENTmayretantemporargy or permanently my portion ofmch reimbursements m retained which it deems equitable until such time as all things required of the CITY under this Agement are received, completed or accomplished to the satisfaction of the DEPARTMENT. 4. If the CITY witiaraws 6om the project, suspends or delays work on the project or takes some other action; including arty ante 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 coats atW, if necessary, shall refund to the DEPARTMENT all of the federal share of my reimbursements received which subsequently become ineligible for federal participation. III. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A. The CITY shall maintain all project records for a leas[ a period of three (3) years from the data of the has or final sub meson of claim for reimbursement for project custs in accordance with the provisions of 49 CFR 18 42(b), except as cuhmvim provided under subparagraph 1 below. 1. In the eventthat my fifigation, claim, magotietion, audit or otheraction involving inch records has begun prim to the expiration of such period, than all records shall be retained until all action and resolution of all issues arising thereffom are complete if an& action or recohnion emends beyond the three yew period hominbefore described. PIN8880.00 F Ed 8110/00 Page B or Pager 2, The CITY sbailassurethat in accoNancewith the provisions of 49 CFR 18.42(3), the DEPARTMENT and A, and ifnecessary, the Comptroller General of the United State% or any of their authorized representative; shall have Cull access at any and ell reasonable times to all records of the project for all purposes necessary to make audits,examination% excerpts or transcripts. B. The CITY shall assure that all applicable audit requhemeees are most in accordance with the provisions of OMB Circular A-128. N. GENERAL PROVISIONS A. DIDBPE ENT CAPACITY. The CITY, its employees, agents representatives, consultants or comrectors, shall, in performance ofthe work under &a Agreement act in an independent capacity from the DEPARTMENT, and not as oBeus, employees or agrees thereof. B. CONTRACT ADMINISTRATOR. The DEPARTMENT shall assign a Project Manager to act as the Contract Admaistrmm on behlfofthe DEPARTMENT under the terms of this Agreanenl. As the DEPARTMENT's representative, the Cmmact Admilmretor shall have authority to mop the work ifnecesaery to endue proper execution thereofin accordance with tamsM@is Agreement. All bills or invoices for payment progress reports, claims, corremoMence and all project related submissions from the CITY shall be sent directly to the Contract Administrator C. I.TABR.TTY. Any ammut paid ons by the DEPARTMENT arising out of or Rom any errom, omisnom or failures on the part of the CITY to meet professional standards of conshuctioa engineering and inspection shall be recovered from the CITY by reductions in any reimbursements due it under the terme ofthis Agreement or by any other legal means. The DEPARTMENT shall promptly notify the CYTY if any potential claim arises under the provisions ofthis Article. The CTTY shall be afforded full opportunity fora defense against arty such claim. If it is subsequently determined that my such reduction in any retmburaement due the CTIY by the DEPARTMENT was either arbitrary, capricious or fraudulent then any maount so reduced shall be paid promptly. D. AIDIMNIPICATION. The CTTY shall indemnify and hold heartless the DEPARTMENT and its ofcere, agents and employees from any and all claim, suits or liabilities of every kind or nature dieing out Mor Romany negligent intentional, malicious or criminal act, error or omission by the CITY or any of its conscher is or contractors occurring as the result of any work undertaken by the CITY foment to this Agreement. Ttds provision shall survive any ter ii wion or expiration ofthis Agreement as hereinafter provided under Article V, Paragraph C. Nothing herein shall, nor is intended to, waive airy defense immmdty or fimitetion of liability which may be available to the CITY or the DEPARTMENT, its or than officers, agents or employe%under the Maim Tort Claims Act pursuant to the provisions of 14 MRSA § 8101 et seq. or any other privileges or immunities as may be provided by law. P1N8880.00 Form Ed 811"0 Page 9 ojtl Pages E. CONFE)EN'TIALITY. The parties hereto agree died where applicable, all information pertaining to detailed coat assistance shall be kept confidential pursuant to the provisions of 23 MRSA § 63. F. EQUAL EMPLOYMENT OPPORTUNITY AND APFBthL1TIYE ACTION During the performance ofarry work undertaken pursuant to Ws Agreement, the CITY shall not discriminate again any employee or applicant for employment relating specifically to each work because of race, color, religious aced, am national origin, ancestry, no or physical handicap. The CITY shall take affirmative action to ensure that all such employees or applicants me treated without regard to their race, color, religion, net, age or national origin during the period of such work. G. INSURANCE. The CITY shall require say and all consultants, contractors or subcontractors perfonuing any oftbe services or work undertaken Pursuant to this Agreement to be insured in accordance with the provisions act forth under Section 103.08 of the DEPARTMENT's Standard Speai isations. H. OWNERSHIP. All plane reports, notes, papers or other tangible work produced by or on behalf of the CM under the tams of this Announced shill be the property of the DEPARTh/ENT and shall be tamed over to the DEPARTMENT upon request following completion or nomination ofthe project- 1. rojectI. SUBSEQUENTDOC11h4ENTATION. Theparticaheretoagreetoexequteall documents and take all actions necessaryor incidemal to implement the provisions ofthis Agreement I. SUBLETTING, ASSIGNheENT OR TRANSFER. The CITY shall not sublet, seg, transfer, assign M otherwise dispose of this Agreement or any portion thereof or any right, titlemintaept therein withomt the expresswritren corenl of[M1e DEPARTMENT. No contract, agreement or transfer of this Agreement shall in any care release or relieve the CITY from any liability under this Agreement K. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parries hereto relative to all matters of the project and neither parry shall be bound by any statement, cnrespomdence, agreement or representation made previous hereto which is not expressly contained herein. L. TERMINATION. The DEPARTMENT may postpone, suspend, abandon or otherwise [emanate this Agreement upon writtmmtice w the CITY and in no event shall any such action be deemed a breach ofcoruract In the event thm the ransom for termination is other than for any failure by the CITY, the DEPARTMENT shall give the CITY a written thirty (30) day nice oftemenation. Postponement, suspension, abandonment or termination may be taken fa any reaeon by the DEPARTMENT or specifically as the reach of any failure by the CITY or eery contractor thereunder to perform any of the eersdcearaluiredunda thio Agreanadto the satisfaction ofthe DEPARTMENT. Upom receipt ofwritten notification fiom the DEPARTMENT that this Agreement is to be 00-330 PIN8880.00 F F WO100 Page 10 ojll Pages postponed, suspended, abandoned or terminated for arty of the foregoing reasons, the CITY or any commctor thereunder shall immediately cease all work or services subject to such temdnadon, except any work required to protect public health and safety, and tum over to the DEPARTMENT within thirty (30) days following the effective date of such teermadtx n, all project records, documentation and construction materials in place or purchased for project pursuant m this Agreement. Upon receipt of such records, documentation and materials, the DEPARTMENT slut reimburse or strange a settlement with the CITY in one of the following manners: I. Ifthe postponement suspension, abandonment or termination is for any reason other than that set forth under subparagraph 2 below, the CITY shall be reimbursed fm all work or services accomplished up until the date ofsuch termination. 2. If the postponement, suspension, abandonment or nomination is the result ofany fulure by the= or any contractor thereunder to conxt airy unsatisfactory performance after receiving fifteen (15) days written notice from the DEPARTMENT setting forth the basis of such dissatisfaction, the = a reimbursement shell be limited to payment for acceptable work or services accomplished up until the date of mchtemdnation. - V. TERMS OF AGREEMENT A All of the provisions set forth under Articles l and D shall expire upon satisfactory completion of the terms set forth therein or three (3) years from the new hereof, whichever occurs first, unless otherwise nominated sooner or tended laterm writing as provided under Article 1, Paragraph O.T. B. Mofthe provisions set forth under Articles m and N, except Article W, Paragraph D, shall expire upon satisfactory completion of the tents sed forth under Article III, unless terminated sooner or extended later in writing as provided under Article I, Paragraph 0.2. C. Theindemrdfimtion provision set forth under Article IV, Paragraph D shell remem in full form and effect indefinitely or until specifically terminated, modified or amended in writing by the parties hereto or negated by any operation of law. aLL3za PIN8880.00 Fmm Ed 8110100 page 11 of 11 Pages W. APPROVAL This AGREEMENT has been approved and signed in dupGeme by the parties below and becomes effective on the day and date firm above written. STATE OF MAINE BY: Wm T. Formes, Direcev Bareau olProJecl Development CITY OF BANGOR BY: Edward A. Burrett C*ASmnger