HomeMy WebLinkAbout2000-09-25 00-367 ORDERI - COUNCIL ACTION
Date: Seateubat 35, 3000 Item No.: 00-367
IteWSubjeCV Aothorhing Cry Mnnagerto Execute Laval ProjectAlrameat with MOOT-Pmp ed
Modification of f! Signal At lntersedioo of Grrello Road& Ohio Street (1`14)
Responsible Department: Engineering
Commentary:
The attached Order authorizes execution of a routine Local Project Agreement with MDOT,
covering the local administration regarding the development, design and construction of a
locally administered project to modify the traffic signal at the intersection of Griffin Road
and Ohio Street.
We have executed similar agreements on a number of previous MDOT projects. Execution
of the agreement is recommended. A copy is attached.
M
pnr(menrHeM
Managers Commentsn ,v, _
i D
Associated lydormation:
Budget Approval:
Legal Approval:
C S mro
® Passage
First Reading
Referral
Page of
Aeeigned to Cmmcilor pamrvmn September 25, 20M
CITY OF BANGOR
(TITLE) (orbgr, Authorizing Qty Manager to Execute Local Pject Agreement with
"MDOT—Troposed Modilicalron of Traffic Signal at Intertecrioe of—
Griffm road & Ohio Street PIN 881O.W
By tM My Couaail of the City ofBompor.
OEDEn%
THAT
the City Manager is hereby authorized and directed to execute a Local
Project Agreement with the Maine Department of Transportation covering
die local adm nistmdon regarding the development, design and construction
of a locally admirdsrered Project to modify the traffic signal at the
intersection of Griffin Asad and Ohio Street
A copyofthe agreement is attached
IN CITY Goaacn
September 25. 2000
Passed - 00-367
OftOER
Title, Authorizing City Manager to
Execute total Project Agreement With
moCT - Proposed Modifieation of Traffic
......................................
Signal at Intersection of Griffin goad i
Ohio Street - PIM M2.00
Aeripied to
..........�t!n...................
Gnnntilman
LOCAL PROJECT
AGREEMENT
BERYEENTHE
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF BANGOR
gEGA WG
PROPOSED MODIFICATION OF TRAFFIC SIGNAL AT
THE UVTERSECTION OF GRIFFIN ROAD & OHIO STREET
UNUER
FEDERAL AID PROJECT NO. STP -8882(00)
PROJECT IDENTIFICATION NUMBER (PIN) 8882.00
This AGREEMENT is catered into on this dayof 1 200 by
and betanen the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (hereafter
DEPARTMENT) and the CITY OF BANGOR a body corporate and politic loured in the
County ofPenobscot (hereafter CITY) regarding the development, design ant construction as
IocaSy-adnunistered project to modify the traffic signal at the interaction ofGriffrn Road and
Ohio Street in Bangor uMer Federal Aid Project No. STP-8882(00)/Project Identification
Number(PIN) 888200(lereafterprojec0 as follows:' -
I. PROd TDEYELOPMENT
A. The purpose of the project is to modify the traffic signal at the intersection of Griffin Road
and Ohio Street in Bangor (hereafter a'aJfic signal) by installing new controllers, LED
signed hods, new loop detectors and pavement markings, at a total participating mat as
defined under Article II, Paragraph A.1 not to exceed Forty-Eigk ]froward ($4"M)
Dally wMranafter adedun&rP=Uaph O.I. Reimbursemmtshallbelimitedio
such participating cost as hereinafter provided under Article M
B. The CITY shall submit a tine item budget to the DEPARTMENT for approval based
upon a detailed emanate of project was
1. Once such a budget is approved, expenditures subject to reimbursement as hereinafter
provided shall not exceed any single cost category or budget fine item amount by any
more then ten (10'A) percent without approval of the DEPARTMENT.
2. In no event shall the total ofall such expenditures exceed the total amount allowable
for the project as hereinafter provided under Paragraph 0.1.
PwsFa2.00
Form Ed 911IN
Page 2 ojll Pagan
C. The CffY shag not perform or authorize any services or work under this Agreement
without that receiving the express approval to do so in writing from the DEPARTMENT.
L Such approval shag be contingent upon the DEPARTMENT receiving authorization
from the Federal lDghway Administration (hereafter FRWA) for federal participation
in the project costs hereinbefore described.
2. Any wets inured by the CITY prior to receiving such approval from the
DEPARTMENT shag be ineligible for federal participation and therefore ret
reimbursable by the DEPARTMENT under the provisions of Article D.
D. The CfTY shall develop and prepare all ofthe neceswy design pians, specifications,
estimates and contract documents for the project as directed by the DEPARTMENT in
accordance with the DEPARTMENT's standards and prnceduroa for procuring
construction contracts for federal -aid projects. The CITY shell submit all such plans,
specifications, estimates and conduct documents to the DEPARTMENT for review and
approval prior to procuring any such contract.
1. Aff plans shag measure 22 inches by 36 inches and include the level of detail necessary.
to owcut ct the project m a manmr satiide' tory to the DEPARTMENT.
2. Ali plans and contract documents shag specify that the project be constructed in
compliance with the DEPARTMENT's "SfmMmdSpecifrca onsfor Highways and
Bridges' (hereafter Standard Specifications), NEMA dual ring standards, and where
applicable, shell conform to the DEPARTMENT's highway design standards as set
forth in its "Highway Design Garde"
3. Construction ofthe project skill cotdorm to the DEPARTMENT's witty
am ommodation potty as set forth in its "Policy On Above Glomal Utility
Locaftma". The CITY shall be responsible for all necessary, utility coordination as
follows:
a The CITY shall catify, to the DEPARTMENT that all utilities potentially alfeted
by the project have been notified and offered plans ofthe proposed improvements.
b. Prior to the approval offinal plate ss hereinafterprovided, the CITY shall metify
to the DEPARTMENT that all necessary utility adjustments or relocation have
been coordinated with the aRmted utility.
4. Any work involving force account procedures shall require the express approval of the
DEPARTMENT.
5. Upon approval of final design, all plans so approved shall become known as thej l
plans (hereafter Final Plans).
PIN8882.00
Form Fd 911100
Page 3 ojll Pages
E. The CITU may comract for engineering and design related services as necessary for the
project, provided the selection and retemion of my individual or then to provide or furnish
my such engineering or design related services (hereafter confvfmm) shag be based upon
qualifications in accordance with the DEPARTTIENT's consultant selection and
retentlon procedures.
1. No contract for such services shall be awarded without the express approval of the
DEPARTMENT and FRWA pursuant to the provisions ad forth under Pmt 1M of
Title 23 m the Mead States Code ofFaInalRegulatjon, (hereafter CFR) specifically,
those provisions set f cA therein under Section 172.5(d).
2, The CITY shag specifically monitor all work performed under any such contract
purwmu to the provisions of 23 CFR 1'12.13.
3. The DEPARTMENT may accent or reject any work performed or procured under
any such contract pursuant to the provisions of 23 CFR Ill 5(d).
F. The CITY shag develop and prepare all envirommental studies and reports necessary for
the project as directed by the DEPARTMENT All such studies and reports shag be
submitted to the DEPARTMENT for review, comment and acceptance.
G. The DEPARTMENT shell prepare and submit to FRWA for concurrence all
environmental documentation required for the project under the provisions of the
"orsdEnruamamadPolicyAcr (NEPA).
H. The CITY shall obtain all pemrits necessary for the project.
I. The CITY eheg encourage the participation of the public in the development of the
project
I. The CITY shag certify that ample right-of-way is available to construct and maintain the
project and thm such rightof-way is free of all encroachments that could interfere with
such connbuction prior to bang allowed to solicit for bids to construct the project.
1. The one of all public land under the ownership and control ofthe parties hereto shall
be made available for all purposes necessary or incidental to the project without any
cost to the project.
a. The DEPARTMENT shall retain all right, title and interest that it presently holds
in and to any of the property used for the project.
b. Any municipal propertythat is used for the project shall be dedicated for public use
in perpetuity by the CITY for so long as the improvements constructed order the
project, or otherwise intended by the pr ject, musts.
PfN8882.00
From Ed 911IN
Page 4 of 11 Pages
1) Such dedication shall include a suimble boundary line or engineering
description sufficient to locate met define such land with ties to a reproducible
control line
2) A copy of such dedication with description aforesaid shall be forwarded to the
DEPARTMENT prior to being allowed to solicit for bids to construct the
Project
2. Ifarry additional right-of-way is nommry to adaryately construe and maintain the
project, than the CITY shall acquire such rightof-way as hereinafter provided.
t All such right -of wry shall be acquired N accordance mth the Uniform Relocation
As mace mdReollerrriaerry Aryrawm PnBdesAct of 1970 as amended by the
United State Congress in 1987 (Uniform Act) pursuant to the provisions set forth
under 49 CFA Part 24.
b. The CITY shag cer ify that all such right-od-way cots acquired and is available in
accordance with the provisions of the Uniform Act and is Da of all encroachments
prior b being allowed to solicit for bids as haanbefore provided.
3. The CM shall famish b the DEPARTMENT a right-of-way map or similar plan
Prepared in accordance with the DEPARTMENT's specifications detaJing any
right-of-way aequbed for or dedlcatd to the project.
K, Upon approval by the 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 comment
shall be in mcordaxe with the DEPARTMENT's procurement policy and procedures
See federal -cid projects, uniess approved otherwise by the DEPARTMENT.
2. Both the CITY and the DEPARTMENT shall have the right to accept or reject any
and all bids raei od as a resort of such solicitation.
3. The CITY shall not award any such contract without the express approval of the
DEPARTMENT.
4. Upon such award, the CITY shall arrange for aprewns[nsc6on meeting to coordinate
the construction of the Project with the DEPARTMENT, the warrantor, and arty and
all utilities ant other parties directly involved in such conatmmion,
L. The CUN 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 nwnnef in accordance with the Final Plans and Standard Specifications as
hereinafter provided.
PINM8200 00-367
Form 9/11W
Page 5 of ]I Pages
1. The CM shall provide a Poll -time qualified employee w be in responsible charge of
the project.
2. The CITY shall use procedures acceptable to the DEPARTMENT to meteors and
document the quantity and quality of all work performed under ties Agreement and to
test He materials used therein in an accurate and uniform manner. All documentation,
including all smurce documents used as the basis of payment for such work, shall
become a matter of record and retained as bereinafter provided under Article M,
Paragraph A.
3. All tragic throughout the work areas on the project shall be controlled in accordance
with the provisions of Pan W ofFHWA's"M lon iT fwm Tfflc Control
De Jor Sneer mad Highways"(M=).
d. Upon completion of the project, the CITY shall provide a compliance certification
from a registered Professional Engineer authorized to pension in the State ofMairw
that the project was consrucudi in a satisfactory m neer in accordance with the Final
Plans and Standard Specifications and that the quantity and quality of all work
perfmrmed under this Agreement and au of the materials used in such construction
were measured and documented as hereinbefore provided and met all of the
specification requirements of the concoction contract.
M. The DEPARTMENT may inspect the construction of the Project and all documentation
pertaining thereto at anytime during Abe period of construction and may tat dry of the
materials used therein to ensure compliance with the Final Plans and Standard
Specifications. The DEPARTMENT may reject any work or materials and in such
compliance Upon completion ofcnnstmdion, the DEPARTMENT may, impel the
project to determine the acceptability titacofpriorto paying eery final claim for
rambumemam ofprojm vests m hereimfta provided under Article H, Pategaph C 2.
N. The CITY shall update the Final Plans se; neceesary to show any changes or additions
madeduringtheperiodofwmtmsion. Upon completion ofcomtmmiaM the CITY shall
famish to the DEPARTMENT a reproducible set ofup-to-dare Final Plans as "As -Built
Now- showing ell details of the completed project on mylm sheds measuring exactly M
inches by 36 inches, or sheds of the same size on any equivileta medium of archival
quality which is suitable and acceptable to the DEPARTMENT for permanent filing.
O. The CITY shall make an changes in the scope or objectives of the project, or any of the
mats thereof other fiun as hereinafter provided, without the express written approval of
the DEPARTMENT.
1. An approved change small be required to increase the cost of the project whenever
expenditures me expected to exceed any approved single cost category, or budget lino
item amount by more than ten (I(°/) percent as has ilescre provided under
Paragraph B.1 or whenever the total of all participating project costs m defirsd under
Arise H, Paragraph A is expected to aceed the wen as herdnafter allowed. In no
W-3fi]
PIN8882.00
Form Ed 911100
Page 6 of 11 Pages
event shall the total of all such participating project costs, together with all mess
insured by the DEPARTMENT as hereinafter provided under Article H, Paragraph
B, exceed the sum of Forty -Eight Thousand (S44y000) Dollars without the express
written approval arise DEPARTMENT
2. An approved change shall also be required to revise, modify or change the scope or
objectives ofthe project or any of the oust during or relmbursemest provisions set
forth herein, to extend or shorten the period of this Agreement or to change any of the
other tams act foo herein.
P. The CTI'Y shall easurethd all work undertaken by the CITY or any of its consultants or
tormentors pursuant to this Agreement conforms to all applicable federal, state and local
have. Specificaly, fedval have and regulations covering such work are set forth under
Title 23 in the thimaiSmres Code (hereafter USC) for applicable amounts law and 23
CFR for applicable administrative law. -General administrative requirements relative to
federal fimded activities are else contained under 49 CPR Part 18 entitled "Ib j
Adan nismaivs Requirementsfor Grams and Cooperative Agreements to State asdLocal
Go nmems". Allowability for participating mats is set forth and described in the
Executive Office of the President of the United States' Office ofhumaganent and Budget
(OMB) C'ucular A-8] entitled "CoclPrirmipleefm Srme amflocal Goverrunems".
Q. The CITY shall continue to women and maintain the traffic signal as modified underthe
project in each a mamur as is necessuy, to preserve the use and function thereof as
intended by each modification.
It. COST SHARING& REIMBURSEINENT PROCEDURES
A The DEPARTMENT shag be responsible for mats of the project(hereafterproject costs)
by providing federal foods available to it through FRWA (hereaRerfMerd store) m the
rete of ninety (90°/e) percent of all project costs deemed eligible for federal participation
(hereaderpar11e1palmllprojecl costs) in accordance with all applicable federal laws and
regulation as set forth under Article 1, Paragraph P, to the extent that the coral of all
participating casts shag nee exceed Faro Eight Messed ($48,000) Dollars without the
express writen approval of the DEPARTMENT as hereinbefore provided under Article
I, Paragraph O.1. The DEPARTMENT shall also use state funds to pay the non-federal
or matching share of all each participating project was.
B. The CITY dull be responsible for any project costs deemed ineligible for federal
participation under the provisions of,Asticle I, Paragraph C.2 and Paragraph CA below,
unless otherwise agreed to m writing as hereinbefore provided under Article I, Paragraph
0.2.
C. The DEPARTMENT shag reimbursethe CITY fm all such participating project costs
mounted by the CITY a follows.
00-35)
P1N8882.00
Foss Ed 911100
Page ] of 11 Pages
1. The CITY shall bill the DEPARTMENT no less than monthly for all claims for a0
allowable divert and actual participating project mala incurred under the provisions of
this Agreement Suchw ueinauredwhmeverworkispedom ,gaadsa
services are reserved or a cash disbursement is made. All claims for such costs shall be
submitted on the CITY's billheed or invoice and be Remind in a least the same derail
as Remind in the approved project budget. The CITY shag show its share of such
costa on ell claims submitted for reimbursement. Each claim so submitted slot include
an accumulative total for all coats ircurred by cart 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 end ret
claimed previously and that all work for which such reimbursement is bang claimed
was; performed in accordance with the terms of this Agreement or any specific contract
applicable thereto approved by the DEPARTMENT under the terms of this
Agreement.
2. N the event that less than One Thousand ($1000) Dollars in each reimbursable costs
are incurred in any, one month period or regularly scheduled billing period of least
one month duration, the = shall defer any each claim therefor until the nein month
or regularly scheduled billing period in which at least One Thousand ($1000) Dollars
in such reimbursable costs have been incurred or used the last or final claim is
submittedforreimbursement Paymentofany foto claimmaybe subjecteafinal
inspection of the project by the DEPARTMENT in determine the acceptability
thereof as hereinbefore provided under Article I, Paragraph M.
3. The DEPARTMENT shall withhold and rosin two and one-half(2%%)percent of
all such reimbursements until all work undertaken by the CITY pur Lunt to this
Agreement is completed smisfaceNy. The DEPARTMENT may retain temporarily
or pemaneady my portion of runs reimbursements an retained which it dams
equitable until each time as au thivge required of the CITY under this Agreement are
received, completed or accomplished to the satisfaction of the DEPARTMENT.
4. If the CPPV withdraws from the project, suspends or delays work on the project or
takes name other action, including my cots of comm abort or omission, without
conamonce of the DEPARTMENT which results in the loss of federal participation
in my of she reimbursable wars u provided herein, the CITY shall be responsible for
all of the federal share of and coos and, if necessary, shall refund to the
DEPARTMENT all oftM1e federal share of any reimburaemems received which
subsequently, become ineligible for federal participation.
M. RECORD RETENTION, ACCESS REQUIREMENT$ & AUDIT
A, The CITY sham maintain all project records for at least a period ofthese (3) years from
the daze of the ]set or final submission of claim for reimbursmwnt for project costs in
accordance with the provisions of 49 CPR 18.42(6), except as otherwise provided undo
subparagraph l below:
PIN8882.00
Form Fd 9/1/00
Page 80111 Pages
1. N the "am that my litigation, claim, negotiation, audit or other action involving such
records has begun prim to the expiration of such period, than all records shall be
retained =tit ell action and resolution of all brains wising thereffom we complete if
such action or resolution extends beyond the three year period hereinbefore described.
2. The= shell asurethat in accurdancewiththe porAsimsof49 CFA 1842(3), the
DEPARTMENT and ERTVA, and ifnecewary, the Comptroller General ofthe
United Stites, or any, of their authorized representatives, shall have fill access a any
and all reasonable times to all records of the project for all purposes necessary, to make
audits, exmdnetrons, excerpts or transcripts.
D. The CITY shall woman that all applicable audit requirements are mein accordance with
the provisions of OMD Circular A-128
A. INDEPENDENT CAPACITY. The CM,its employees, agents representatives,
consultants or contractors, shall, in pwfomunce of the work under this Agreement, act in
an independent capacity from the DEPARTMENT, and not as officers, employees or
agents thereof.
E. CONTRACT ADMEgISTRATOR The DEPARTMENT shall assign a Project Manager
W act a the Compete Administrator on behalf of the DEPARTMENT under the turns of
this Agreement. Asthe DEPARTMENf's repressmative, the Contract Administrator
shall have authority to ship the work ifmcetsay to nature proper execution thereof in
merchants with tams ofthis Agreement. All hills or invoices for payment, progress
reports, claims, correspondence and all project related submissions firms the CITY shall
be sent &wily to the Contmct Administrator
C. LIABBTfY. Any amount paid out by the DEPARTMENT arising out ofor ffom say
errors, omissions or failures on the part ofthe CITY to mem professional standards of
connotation engineering and inspection shall be recovered from the CITY by reductions
in any, reimbursements due it coda the tams of this Agreement or by my other legal
Bans. The DEPARTMENTshallpromptlynotifythe CffYifwry wntWclaimarisw
under the provisions ofthis Article. The CITY shall be afforded full opportunity fors
defense against any such claim. E k is wbsequmdy detemdned tiro any such reduction N
say reimbursement due the CITY by the DEPARTMENT was either abitray, capricious
or fraudslant, than any amount so reduced shall be paid promptly.
D. INDEMNIFICATION. The CITY shall indemnify and hold harmless the
DEPARTMENT and its officers, &Santa and employees from my and all claims, suits or
liabilities ofevay find or nature arising out of or from my negligent, intentional,
malicious or criminal act, error or omission by the CITY or any of its corsultams or
contractors occurring as the result of my work undeMkm by the CITY pursuant to this
Agreement- This provision shall survive my lamination or expiration of this Agreement
as larelnefter provided order Amide V, Paragraph C. Nothing herein shall, nor is
W-367
PIN888200
Form M 911"
Page 9 of II Pages
intended to, waive any defense immunity or huntsman of liability which maybe available to
the CITY or the DEPARTMENT, its or their officers. agents or employees, under the
Maine Tort Claims Act pursand m the provisions of 14 MRSA § 8101 a seq. or any
other privileges or ismmumties as may be provided by law.
E. CONFIDENTIAi.ITY. The parties hereto agree that where applicable, all information
pertaining to detailed east estimates shall be kept confidential pureuant to the provisions
of P3 MRSA § 63.
F. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION. During
the performance of my work undertaken purn ant to this Agreements, the CITY shag seat
disc im ate aga starry employee or applicant for employment relating specifically to
such work because afrace, color, religious creed, sex, national origin, ancestry, age or
physical handicap. The CM shall take alliterative action to ensure that all such
employees or applicants are treated without regard to thew race, color, religion, sex, age
or national origin during the period of such work
G INSURANCE. The CITY shall require any and all wnsultams, commctors or
subcontractors performing any of the services or work underaken pursuant to this
Agreement to he insured in accordance with the provisions set forth under Section 103.08
of the DEPARTMENT's Standard Specifications.
H OWNERSHN. AS plain,reports,notes, papers or other tangible work produced by or on
behalfofthe CITY under the term ofthis Agreement shall be the property of the
DEPARTMENT and shag be turned over to the DEPARTMENT upon request
following completion or temdnmma of she project
I. SUBSEQUENTDOCUMENTATION. The pasties hercto agcemexecum all
doaunents and take all actions mousey or incidental to implement the provisions of this
Agreement
I. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY "I not sublet, sell,
transfer, assign or otherwise disponi of this Agreement or any portion thereof or any sight,
title or interest theran without the express written consent ofthe DEPARTMENT. No
eamraa, agreement or transfer of this Agreement shall many case release or relieve the
CITY from any liability under this Agreement
K ENTIRE AGREEMENT. This Agreement terms the=me agreement between the
paries ham relative to all matters of the project and neither pasty shall be bound by any
satemem, wrtespondence, agreement or representation made previous hereto which is
net expressly contained herein.
L. TERMINATION. The DEPARTMENT may poctpmxe suspend, abandon or otherwise
terminate this Agreement upon written notice to the ClT'Y and in no event shall any such
action be darned a breach ofcontract. In theevem the the remonfortaminationis
other than for any failure by the CITY, the DEPARTMENT shall give the CM a
00-367
PEV8882.00
Forms Fd 911IN
Page 10 of 11 Pages
written flirty (30) day notice oftemtination. Postponement, suspmaiortahandonmmt or
termination may be taken for my reason by the DEPARTMENT or specifically as the
result of any fagure by the CITY or any contractor thereunder to perfoms my ofthe
services rest" under this Ageement In the satiduffin of the DEPARTMENT. Upon
receipt of written notification @om the DEPARTMENT that this Agreement is to be
postponed, suspended, abandomd or temdnded for airy of the foregoing reaaon%the
CITY or my contractor thereunder shall imnadiatdy cease all work or services subject to
such temdnabon, except any work required to protect public hedN and salary, and tum
over to the DEPARTMENT within flirty (30) days following the effective die of such
termination, all project records,ducummtatiov and construction materials in piece or
purchased for the project pursues to this Agreement, Upon receipt of such records,
documentamm and matedds, the DEPARTMENT shall reimburse or arrange a
settlement with the CITY in one of the following mmmem:
1. If the postponement, suspension, abandonment or nomination is for any reason other
than that set forth order subparegaph 2 below, the CITY shall be reimbursed for all
work or services accomplished up until the date of such termination.
2. Effie postponement, suspension, abandonment or temdnmion is the result of my
failure by the CITY or airy contractor Nermnder to correct any unsatisfactory
performance after receiving fifteen (15) days written notice from the DEPARTMENT
selling forth the basis of such dissapsfactioq the CrrV's reimbursement shag be
limited to payment for acceptable work or services accomplished up until the data of
welt ternimtion.
V TERMS OF AGREEMENT
A. Ag of the provisions set forth under Articles I and D shill expire upon satisfactory
completion of the name sent fond therein or three (3) years from the date hereof;
whichever occurs first, unless otherwise terminated sooner or emended later in writing as
provided under Article 1, Paragraph O.2.
B. All of the provisions set forth under Articles 111 and IV, except Article IV, Paregraph D,
shall expire upon satisswery completion of the testes m forth under Article M, unless
terminated comer or extended later in writing as provided under Article I, Paregaph 0.2.
C. The indemnification provision set forth under Article IV, Paragaph D shall remain in fug
force and all= indefinitely or until slemifimlly temdnated, modified or amended in
writing by the parties herUo or negde l by any operation of law.
PIN8883.00 W-367
Farm Fd 9111W
Page ll ofll Pages
Vl. APPROVAL
This AGREEMENT bas been approved and signed G duplicate by the parties below and
bewmes effective on the day and date first above written.
Witness
P,h 911100
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
By.
Warren T. Faber Dbeclor
Bwemr of1swjem Develry meN
CFTF OF BANGOR
By.
FdwwdA. Barrett
CifyManagar