HomeMy WebLinkAbout2018-07-23 18-290 OrderTitle, Order
CITY COUNCIL ACTION
Council Meeting Date: 07/23/2018
Item No: 18-290
Responsible Dept: Legal
Requested Action: Order
07/23/2018 18-290
Authorizing Execution of Agreement with BOMARC, INC - Bomarc Road Pump Station
Map/Lot: N/A
Summary
This Order will authorize an agreement with BOMARC, INC for the demolition of the Bomarc Road
Pump Station. The City of Bangor owns an obsolete pump station which was originally constructed
by the U.S Government and has not been used for a number of years. It is currently in a state of
disrepair and BOMARC, INC, owner of a lot of land abutting the pump station, has requested
permission to demolish the pump station. If approved, BOMARC Inc. will demolish the structure
and the City of Bangor, through the WWTP will provide the demolition permit at no cost to BOMARC
Inc. This item was reviewed and recommended for approval by the Infrastructure Committee on July
16, 2018.
Committee Action
Committee: Meeting Date:
Action: Recommend for passage For: Against:
Staff Comments & Approvals
CISA i\f\ �.�
City Manager
Introduced for: Consent
J2/<
City Solicitor
Finance Director
CITY OF BANGOR ORDER
Date: 07/23/2018
Item No: 18-290
Assigned to Councilor: Weston
07/23/2018 18-290
Authorizing Execution of Agreement with BOMARC, INC - Bomarc Road Pump Station
WHEREAS, the City of Bangor owns a pump station in the Bomarc Road right-of-way; and
WHEREAS, the pump station was originally constructed by the U.S. Government and has not been, nor
needed to be, operational for a number of years; and
WHEREAS, the pump station is in a state of disrepair; and
WHEREAS, BOMARC, INC is the owner of a lot of land (Tax Map R45 — 001-G) abutting the pump station; and
WHEREAS, BOMARC, INC has requested permission to demolish the pump station.
Be it Ordered by the City Council of the City of Bangor that,
Catherine M. Conlow, City Manager, is authorized on behalf of the City of Bangor to execute an agreement
with BOMARC, INC for the demolition of the inactive pump station on Bomarc Road. Said agreement shall be
in a form substantially the same as attached hereto and in a final form as approved by the City Solicitor.
18-290
JULY 23, 2018
AGREEMENT
Agreement made this day of 2018 by and between the City of Bangor and
BOMARC, INC.
WITNESSTH
WHEREAS, the City of Bangor owns a pump station in the Bomarc Road right-of-way; and
WHEREAS, the pump station was originally constructed by the U.S Government and has not
been, nor needed to be, operational for a number of years; and
WHEREAS, the pump station is in a state of disrepair; and
WHEREAS, BOMARC, INC is the owner of a lot of land (Tax Map R45 — 001-G) abutting the
pump station; and
WHEREAS, BOMARC, INC has requested permission to demolish the pump station; and
NOW THEREFORE, the parties agree as follows:
1. BOMARC, INC will demolish the pump station on Bomarc Road identified in Exhibit A
attached hereto.
2. Demolition shall begin no later than 8/15/18 and shall be completed no later than 10/15/18.
3. BOMARC, INC shall obtain all appropriate permits from the City before starting demolition
including a demolition permit. The City shall be responsible for payment of all required permit
fees.
4. BOMARC, INC, or its contractor, shall during the entire term of this Agreement, at its own
expense, maintain insurance of the following type(s) with companies authorized to do business in
the State of Maine:
Comprehensive Public Liability Insurance
- Bodily Injury or Death of not less than $1,000,000 each occurrence, whether for one
person or more than one person, and
- Property Damage of not less than $1,000,000 each occurrence
18-290
JULY 23, 2018
for all claims arising out of its activities at the covered location. The City shall be
provided with certificates of insurance evidencing such coverage, which shall name the
City of Bangor as an additional insured.
5. BOMARC, INC shall indemnify and hold the City, its inhabitants, employees and agents,
forever harmless from and against all liability, loss or expense imposed upon the City, its
inhabitants, employees and agents, by reason of legal liability for injuries to persons and
damages to property caused by any act or omission, negligence or other misconduct in or about
the demised premises by BOMARC, INC, its employees and agents.
6. The demolition of the pump station shall be coordinated with and under the supervision of the
Superintendent of the City of Bangor Waste Water Treatment Plant, or his designee.
7. The City of Bangor shall have no financial obligations other than payment of permit fees as set
forth in paragraph 3 above.
Witness
Witness
CITY OF BANGOR
Catherine M. Conlow
City Manager
BOMARC, INC
Name:
Title:
EXHIBIT A'--- l8 -29O JULY 23, 2018
IN CITY COUNCIL
JULY 23, 2018
CO 18-290
PASSED
4 ) .Per?1.
CITY CLERK