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Home My WebLink About1975-01-13 66 AC ORDERp za Ac / Gas � IntxodoceA by Councilor £fewey, ganuaxy 13, 1975 CITY OF BANGOR (TREJ TR/CD¢T A tboti irq B ecut ion of Supplemental Ap eemenc No. 1 WHEREIN, on Jose 10, 1974, the City of Bangor. and the Town of Hermon executed an Agreement providing for connection of flt line owned by the Town of Herman with the City of Bangor sews system{ and WHEREAS, the parties wish to amp'nd said Agreement, providing for repair by the City of Bangor of the Hermon sewer line, NOW, THICEFORB, By the City Council of the City of Bangor ORDERED, THAT the City manager is hereby authorized and directed to execute Supplemental Agreement No. 1, a true copy of whichis attached hereto and made a part hereof, with the Tow of Hermon providing for the repair by the City of Bangor of the Hermon sewer system. fib AC r OR.D ER SA IN CITTCOUNCIL January 13, 1975 Title, Passed. _ Autnocizi; y, Exaoution of s. elemental r,ciTy claaa,' - . xq ;eemeq! �.. r xerpan sewer syacem ................ InUoduded'and filled by VC ...... RECEI V FIS... IST$ JAR -II AN e: ei - CITY CLERKS OFFICE ;(TY OF BG90OR. MAINE SUPPL.BHCNTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGBEEOENT entered into this day of January, 1975 by and between the CITY OF SINGOR, a municipal corporation located in the County of Penobscot and State of Maine (hereinafter referred to as 'Tongue") and the TOWN OF HERNON, a municipal corporation Located in the County of Penobscot and State of Maine (hereinafter referred C "Herm n"). WITNESSETH: - WHEREAS, There now exists, within the boundaries of Hermon, a trunk sewer line connecting with the Bangor sanitary sewer system at the intersection ur Missend and III Wth Nicol SLrmas In said Mango[; uod WIB:REAS, this trunk lower line consists of several thousand feet of pipe,veral manholes and catch basins, a sewage lift station and other necessary equipment that requires periodic maintenance and repair; and WHEREAS, thet a exists a previous agreement between the same parties, signed and dated June 10, 1974 and recorded in Book 2476, Page 237, Penobscot Registry of Oeeds;; and WHEREAS, the parries hereto deem It necessary and desirable to amend and supplement said agreement as provided herein, NOW, THEREFORE, the parties hereto mutually covenant and ali that the presently ealstinF Agteement dated June 10, 1974, between the purti.Gs hcrety, is bercby amended and supplemented ns follows: (1) Bangor, through its authorized agents, shall at least ono each day, except Sundays and holidays, perform a visual inspection and review of the operation of the sewage lift station located at or near the Intersection of Hammond and Hildreth. Streets In said Bangor. in addition, Bangor shall perform periodic preventative maintenance and cleaning of said station in accordance with the manufacturer's published ma inference schedule. Parte will be repaired or replaced by Bangor as Bangor my deem necessary to promote optimum performance of the sewage lift station. (2) Bangor further agrees to perform norm oa[oreswore and repairs to that portion of the sewer trunk line that lies within a public right-of-way within the boundaries of Hermon, but only upon specific request from the Hermon Town Manager. portions of the a system that lie n private property and laterals off the main trunk .line shall be mnlnLa innd : ml r,paired by'the ,u,rs served by said portions of the sewer System. (3) All maintenance and repairs provided for in this Supplemental Agreement shall be performed by Bangor at the expanded of Hermon: provided, that when any one single repair or maintenance operation is estimated, in advance, to cwt in excess of Five Hundred ($500.00) Dollars, Bangor shall immediately secure the written authorization of the Hermon Town Manager before proceeding with said repair or maintenance, (a) Bangor will submit monthly invoices to Hermon for the actual cwta of labor, material, vehicle use, and overhead as incurred. (a) labor will be computed at the payroll rated of the individuals involved times the actual hours working on the Hermon sewer. (b) Material will be charged at the actual purchase cost to Bangor. (c) Vehicle Use will be charged at existing „ Bangor Motor Pool rates. (d) Overhead (to cover fringe benefits, admini- stration, and clerical effort) will be c deduced at thirty (30%) percent of the total labor charge, (5) Hermon, hereby agrees to nate payment for all charges within thirty (30) days after receipt of a bill therefore. (b) For purposes of performing the repairs and maintenance provided herein, Bangorshall be deemed to be the agent of Hermon, and Hermon shall indemnify and hold,,{hdrmlesa Bangor, its inhabitants, officers and employees, from any liability for any claim, damage or penalty arising or resulting within the boundaries of said Herman for or from any of the following causes. (a) Violation of any Local, State or Podctul. (nvt ran me ntnl laws. right-of-way within the boundaries of Hermon, but only upon specific request from the Hermon Town Manager. Portions of the sewer system that 'lie on prlvatu property and laterals off the main trunk line shall be 11n3nt:tood : ml r( paired by the ,at ns served by said portion of the sewer system. - (3) All maintenance and repairs provided for in this Supplemental Agreement shall be performed by. Bangor at the expense of Hermon; provided, _ that when any one single repair or maintenance operation is estimated, in advance, to cost in excess of Five Hundred ($500.00) Dollars, Bangor shall immediately secure the written authorisation of the Hermon Town Manager before proceeding with said repair or maintenance. (4) Bangor will submit monthly invoices to Hermon for the actual coats of labor, material, vehicle use, and overhead as incurred. (a) labor will be computed at the payroll rates of the individuals involved times the actual hoursworking on the Hermon sewer. (b) Material will be charged at the actual purchase cost to Bangor. (c) Vehicle Use will be charged at ex lsting Bangor Motor pool rates. (d) Overhead (to cover fringe benefits, admini- stration, and clerical effort) will be Deputed at thirty (30%) percent of the total labor charge. (5) Hermon, hereby agrees to make payment for all charges. within thirty (30) days after receipt of a bill therefore. (6) For purposes of performing the repairs and maintenance provided herein, Bangor. ala Ll be deemed to be the agent of Hermon, and Hermon shall indemnify and holdfharmlesa Bangor, its inhabitants, officers and employees, from any liability for any claim, damage or penalty arising D resulting within the boundaries of said Hermon for or from any of the following causes (a) Violation of any Local, state Or Federal enVirommuutal laws. (b) The failure of any part of the sewer system for any reason. (c) damages to the property of sewer system users as a result of any failure of any _ Part of the sewer system. (d) Injury to any persons or property in or about the sewer system. (7) The presently existing Agreement. dated June 10, 1974, as - amended by this Supplemental. Agreement -No. 1, shall constitute the entire afire sent between the parties. (8) This Supplemental AgreemenL No. I ahali remain in full force and ul loel: llmuvroa wlLh mid in thn arm of lbs psi NanelY uxiel.ln8 Agree- ment between the parties dated June 10, 1974; provided, however, that this Supplemental Agreement No. 1 my be terminated by either party at its Own discretion, upon sixty (60) days' written notice to the other. Termination of this Supplemental Agreement No. l shall not, in any Sumner, affect the rights and respons ib£iities of the parties under the presently existing Agreement dated. June 10, 1974. - - IN WITNESS WHEREOF, the parties hereto have set Meir hands and seats the day and year first written above. Signed, Sealed and celivered In the Presence of; CITY OF BANKING Witness sig slS01l .1SGID witness Title - STATE OF MAINE PENOBSCOT, as. January , 1975 Then personally appeared the above named Merle I. Goff and acknowledged the foregoing instrument to be his free act and deed in his capacity as City Manager, and the free act and deed of said body corporate. Before me, Joe tics of the Peace