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Home My WebLink About2019-06-10 19-233 Order 06/10/201919-233 06/10/2019 19-233 Engineering Order N/A Title, Order Authorizing Execution of a Contract with Electric Light Company, Inc., in the Amount of $297,000 for the Union Street and Main Street Intersection Improvements - WIN #22827.00 On April 10, 2019 the City received one (1) bid for the Union Street & Main Street Intersection Improvements Project WIN #22827.00 in the amount of $297,000. This project consists of intersection improvements and signal upgrades. This is a BACTS project, as such, 90% of the project cost will be funded with Federal and State funds, leaving a local share of 10%. Finance Committee 06/03/2019 Recommend for passage 50 Consent 06/10/201919-233 CITY OF BANGOR ORDER 06/10/2019 19-233 Davitt Authorizing Execution of a Contract with Electric Light Company, Inc., in the Amount of $297,000 for the Union Street and Main Street Intersection Improvements - WIN #22827.00 Be it Ordered by the City Council of the City of Bangor that, The Finance Director is hereby authorized to execute a contract with Electric Light Company, Inc., in the amount of $297,000 for the Union Street and Main Street Intersection Improvements Project, WIN#22827.00 11:04 CZ N M W N W ` ` U W !Si H 4 U a0.a U 19-233 JUNE 10, 2019 TEMPORARY USE AGREEMENT THIS TEMPORARY USE AGREEMENT is by and between the CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State of Maine (hereinafter "the City") and General Electric Company: a New York corporation with offices at 534 Griffin Road, Bangor, Maine (hereinafter sometimes referred to as the "Temporary user"). WITNESSETH: WHEREAS, the City is the owner of certain property off Maine Avenue in Bangor, Maine, known as Bangor International Airport (BGR); WHEREAS, Temporary user wishes to use a portion of a shuttle parking lot at BGR for its open house event on June 22, 2019. NOW THEREFORE, the parties hereto hereby agree as follows: § 1. GRANT OF TEMPORARY USE - The City hereby grants to Temporary user permission to use a portion of the shuttle parking lot located off Maine Avenue, as illustrated on Exhibit A for the purpose of parking vehicles to accommodate their open house event. § 2. TERM OF TEMPORARY USE - This Temporary use shall be in effect from 21 June, 2019 to 23 June, 2019. § 3. MAINTENANCE OF PREMISES - In consideration of the grant of this Temporary use, Temporary user hereby agrees to maintain the Premises in a neat, safe, and clean condition during the period this Temporary use shall remain in effect. Temporary user warrants that it will reasonably clean and restore the Premises to the same condition as before the Temporary use, reasonable wear and tear excepted. The City agrees that the Premises shall be in clean condition, in good order, and free of trash or other unsightly paraphernalia at the commencement of this Temporary use. § 4. INDEMNIFICATION - The Temporary user does hereby for itself, its successors, its guests and invitees, fully and completely RELEASE and HOLD HARMLESS said City of Bangor, its inhabitants, officers, servants, agents and employees from any and all claims, demands and actions that Temporary user, its successors, or third parties, may have, on account of loss, damage or injury, including personal injury, that are caused by use of the Premises. Temporary user, or its successors, also hereby expressly agrees to defend, indemnify, and hold the City of Bangor, its officers, servants, agents and employees harmless from and against any and all claims, demands, actions, and judgments in favor of any of Temporary user, or its successors, servants or employees who may enter upon the described premises. During the term of this Temporary use and during any extensions or renewals hereof following regular expiration or early termination hereof, Temporary user further expressly agrees that it will defend, indemnify, save and hold the City harmless from any and all claims made or asserted by the Temporary user's agents, servants or employees arising out of the Temporary user's activities under this Temporary use. For this purpose, Temporary user hereby expressly waives any and all immunity it may have under Maine's Workers Compensation Act in regard to such claims made or asserted against Temporary user by Temporary user's agents, servants or employees. For this purpose, Temporary user further expressly waives any charitable immunity it may have under applicable law as to any and all claims of any person 19-233 JUNE 10, 2019 made or asserted against the City arising out of Temporary user's use and occupancy of the demised premises or other activity of Temporary user under this Temporary use. The indemnification provided under this section shall extend to and include any and all costs reasonably incurred by the City to answer, investigate, defend and settle all such claims, including but not limited to the City's costs for attorneys' fees, expert and other witness fees, the cost of investigators, and payment in full of any and all judgments rendered in favor of the Temporary user's agents, invitees, temporary users, clients, servants or employees against the City in regard to claims made or asserted by such persons. § 5. INSURANCE - Temporary user during the term of this Temporary use shall maintain, at its sole expense: • Commercial general liability insurance with a minimum limit of $1,000,000.00 combined single limit per occurrence and $2,000,000.00 in the aggregate; and • Workers' compensation and employer's liability insurance with a minimum limit of $500,000.00 per occurrence. Temporary user shall furnish to the City of Bangor a certificate of insurance naming the City of Bangor as an additional insured against all claims, losses, costs or expenses arising out of injuries to persons whether or not employed by Temporary user or damage to property whether resulting from acts, omissions, negligence or otherwise of the Temporary user, its directors, officers, employees and agents and arising from Temporary user's use of the Premises. Temporary user shall notify the City of any changes or discontinuances of coverage. Temporary User agrees to promptly notify The City of Bangor in writing of the existence or filing of any claim, demand or action arising out of an occurrence covered hereunder of which Temporary User has knowledge, and to cooperate with City of Bangor in the investigation and defense thereof. § 6. INSPECTION OF PREMISES - Temporary user hereby agrees that it shall thoroughly inspect the Premises for any hazards or defects prior to making use thereof under this Temporary use. It is understood that this Temporary use is granted for use of the Premises "as is", and that the City makes no warranty or representation of any kind regarding the safety or condition of the premises. Use of the City's Premises by Temporary user shall be at Temporary user's sole and exclusive risk. Also, the City may, at any time, enter into and upon the Premises for any reason. § 7. FEE - Temporary user agrees to pay to the City, in advance the sum of $1.00. § 8. COMPLIANCE WITH LOCAL, STATE, AND FEDERAL LAWS - Temporary user shall not use or occupy said premises in any manner as to knowingly violate any law or regulation of any duly constituted governmental authority. § 9. HAZARDOUS MATERIALS - Temporary user hereby covenants and agrees that it shall not place, cause to be placed, allow to be placed, deposit or discharge any hazardous waste upon the Premises. The term "hazardous waste" shall be deemed to include every substance now or hereafter designated as a hazardous waste under any provision of State or Federal law. § 10. NON-DISCRIMINATION - Temporary user, in the use and occupancy of the Premises, shall not unlawfully discriminate or permit unlawful discrimination against any person or group of persons in any manner. 2 19-233 JUNE 10, 2019 § 11. IMPROVEMENTS - Temporary user shall not make any permanent improvements to the Premises, but it may erect temporary signage, and other such temporary structures necessary for a vehicle parking I ot. § 12. NOTICES - Notices to the City provided for in this Agreement shall be sufficient if sent by first class mail, postage prepaid to: Bangor International Airport Airport Director 287 Godfrey Boulevard Bangor, Maine 04401 and Notices to the Temporary user provided for in this Agreement shall be sufficient if sent by first class mail, postage prepaid to: or to such other respective persons at addresses as the parties may designate to each other in writing from time to time. § 13. SUBLET, ASSIGNMENT, AND ENCUMBRANCES PROHIBITED - Temporary user shall not encumber, mortgage, assign, sublet or otherwise transfer his interest or any part thereof under this Agreement without the prior expressed written consent of the City. § 14. NO JOINT VENTURE - Nothing contained herein shall be deemed or construed by the parties hereto or by any third party as creating the relationship of principle and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that all provisions contained herein are intended to create the relationship between the parties of landlord and tenant. WITNESS the following signatures and seals this _ day of _ 120 CITY OF BANGOR By: Catherine M. Conlow Its: City Manager GENERAL ELECTRIC COMPANY By: Its: 3