HomeMy WebLinkAbout2007-06-11 07-189 ORDERDow N° 07 189
Date: June -Ia: IW] -l.
Item/SubjecC - ORDER, Authorizing Agreement with WAL-MART for
Transfer of Survey 6 Design Information
Responsible Depmbneft Engineering
Commentary:
The Council has recently approved Council Order, 07-161, which committed the
City to undertake certain roadway improvements in conjunction with the new
Super WAL-MART Project WAL-MART's Engineering Consultant, James W.
Sewall Company, has performed some survey and design work related to these
improvements. The City Engineer has requested that Small's work be provided
to the City to save some time and expense. WAL-MART has agreed W provide
this information at no charge but has requested that the City enter into an
Agreement which would indemnity them from any claims arising from the City's
use of Sewall's work.
The attached Order authorizes execution of the Agreement, a copy of which is
included. The City Solicitor has reviewed the Agreementand finds Racceptable.
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City Manager
Associated Information: f{qfesAotf--
Legal Approval:
Inruced for
Passage
_ First pending Page _ of _
Referral
97 A9
Assigned to councilor ealmu� '.1we It. zao)
CITY OF BANGOR
(TITLE.) Order, Authorizing Agreement with WAL•MART for Transfer of Survey and
Design Information
BE IT ORDERED By THE CITY COUNCIL OF THE CrIY OF BANGOR THAT
The City Manager is hereby authorized and directed to execute an agreement
with WAL-MART REAL ESTATE BUSINESS TRUST for the transfer of survey and
design work to the City of Bangor.
A Copy of the Agreement is attached.
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Wal-Mart for Transfer of Survey and
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AGREEMENT
This Agrewent is dated as oftbe day of May, 2007,betweenthe CM OF
BANGOR, MAINE, a Maine municipal corporation (the "City'), and WAL-MART REAL
ESTATE BUSINESS TRUST, a Delaware business trust ("Wal -Man"), as follows:
WHEREAS, Wal -Man has purchased a 50.56 -acre parcel of met property located on
Stillwater Avenue in Bangor, Maine, on whicb it plans to build a Wal-Mart Supocaar r(the
'proposed Wal-Mart Supercenter"J;
WHEREAS, Wal -Mart's civil engineering consultant, James W. Sewall Company
("Sewall'), undertook survey work related to certain potential future road imponvernents located
in Bangor in the general vicinity of the proposed Wal-Mart Supercenter;
WHEREAS, by Bangor CityCouncil Order 407-161, approved by the Bangor City
Council on April 19, 2007, the City committed to build, or contract to have built, a number of
specific Toad and traffic related improvements in Bangor in dre general vicinity offlue proposed
Wal-Mart Supercenter;
WHEREAS, by letter dated April 20, 2007, the City contained to the Maine Department
of Transportation to build, or contract to have built, the specific road and traffic related
improvements listed iv Burger City Council Order W-161;
WHEREAS, completion of the traffic improvements to be undertaken by the City will
benefit Wal-Mart by providing improved traffic access to the proposed Wal-Mart Supercenter,
and will benefit the City by providing improved traffic Flow on Hogan Road Stillwater Avenue
and connectedstreets in the CiN;
07 189
WHEREAS, some of the survey work performed by Sewall fin -Wal-Mart pertains to
some of the specific roadway locations that the City oommitted N improve in Bangor City
Council Order 07-161;
WHEREAS. the City hes renuested that Wal-Mart assist the City by authoriaaa Sewall
relme say Erypy and design work that Sewall varnmaxi related to the roacl irsourrovements
that the Citv will undertaken order to satisfy its conuniMent to the Maine Department of
loonnortation'
HOW THEREFORE, for valuable consideration, the receipt and sufficiency of which
the City and Wal-Mart hereby acknowledge, the parties agree as follows:
1. Wal-Mart agmesto providethe City with survey work perfomned by Sewall related to the
following roadway locations in Bangmy Menne (the "Sewall Survey, lnfxaaatxaf" :
• Hogan Road Extension
Iiia is a fooae exmmim of We Hagan Road to the site ofthe proposed Wil -Mart SLpccmim
• Hogan/StillwaW
Right hum 6om xog®oma snunm
• Hogan/Longview
RipM pun Gem xog®oma Loogvaew
• Hogan southerly down to approximately Barg Savings Bank
• Stillwater/No. Mall Drive
NoMbonvd night tori mm the mail
• StiBws[a/Widewa[as
gonthhonvdright rum wm Widewetm xevaiopmmt
2. The City aGlaimledges that it will use its own City staff or him its own consultants,
design professionals and/or contractors W design and construct Ne road imp cras listed in
City Council Omer 07-161, and that the City is not eatided to rely on my representations
contained in the Sewall Survey Information provided by Wal -Mat If the City chooses to rely
it
67 189
on any representations contained in the Sewall Survey Informationpmvided, the City
specifically releases and discharges Wal-Mart from, and covenants not to we Wal-Mart with
regard to any errors or omissions m the Sewall Survey Information.
3. The City agrees to defend, indemnify and bold Wal-Mart forever harmless from loss or
damage arising from the Citys design or construction of the improvements described in City
Council Order 407-161 whether or not said comswdion is completed in comformance with or
reliance upon the Small Survey lnb rmation pmvided to the City. This Agreaveat to defend,
indemnify and hold Wal-Mmt harmless includes legal fees and costs incurred by Wal-Mart, or
any of its affiliated entities, in defending against or in any way responding to actions misimg out
of my alleged errors or omissions in the design or construction of the impmvmrents described in
City Council Order 407-161 brought by persons or orgardwat mss who are not parties to this
Agreement, including costs Wal-Mart reasormbly incurs in asserting, enhancing or protecting iter
rights to defense and indemnification from the City under this Agreement.
4. This Agreement contains the entire understanding between the City and Wal -Mar with
respect to the exchange of the Sewall Survey Information. The terms of this Agreement are
contractual and not a mere recital.
By: CITY OF BANGOR,
By: Date:
Edward A. Barrett, City h1mmgm
On behalf of the Bangor City Council
By: WALMART REAL ESTATE BUSINESS TRUST,
By: Date:
A rAwevi
Regional VicePresident