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Partnership Memorandum of Agreement: Passamaquoddy Tribe and Maine DOT
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Memorandum of Agreement for the Construction of the
Princeton Bridge US Route 1
Indian Township Reservation and
The Town of Princeton
Pin No. 12662.00
1. This agreement (the "Agreement") is made between the Indian Township Passamaquoddy Tribal Government (the "Tribe") acting through the Tribal Governor, and the Maine Department of Transportation, hereinafter called MaineDOT, acting through its Commissioner.
2. MaineDOT and the Tribe propose to make certain road and bridge improvements under project No. Pin 12662.00 in Washington County to replace the US Route 1, Princeton/Passamaquoddy, Bridge # 2688 over Lewy Lake (the "Project"). The Tribe has agreed to participate in certain costs under the Indian Reservation Road Bridge Program (IRRBP) administered by the Bureau of Indian Affairs (BIA).
3. MaineDOT shall be responsible for the preparation of the environmental and/or planning documents, including any environmental permits, needed to construct the Project. All work shall be done in accordance with MaineDOT, Tribal, and Federal Highway Administration (FHWA) procedures and guidelines.
4. MaineDOT, at no cost to the Tribe, shall be responsible for the design of the plan and specifications for the Project in accordance with FHWA and MaineDOT standards. MaineDOT will coordinate all necessary changes, adjustments, and relocations of telephone, telegraph, cable and electric power lines, underground cables, gas lines, and other pipelines or conduits, or any privately or publicly-owned utilities. Every effort shall be made to cause the relocation of said utilities and/or services so that the construction of the Project will not be delayed.
5. The Tribe shall donate and convey in fee to MaineDOT any real property owned by the Tribe required for the completion of the project. MaineDOT will include in its contracts a requirement that all contractors and subcontractors engaged to perform work on said project within the limits of Tribal Lands will, to the extent required by law, abide by the requirements of the Tribal Employment Rights Ordinance #1 adopted by the Passamaquoddy Tribe, Indian Township Reservation.
6. Upon completion of the Project, the MaineDOT shall establish and maintain traffic controls devices on the Project in accordance with the latest edition of the Manual on Uniform Traffic Control Devices for streets and highways and all MaineDOT and FHWA criteria.
7. Upon completion of all planning documents, all required environmental work, and acquisition of Rights -of- Ways or easements, the MaineDOT and its contractor will construct and be responsible for the construction of said Project in accordance with the approved plans and specifications. MaineDOT will be responsible for bidding services, contract administration, construction surveying, engineering, project inspections and acceptance. MaineDOT shall have the right to abandon the Project at any time before the Tribe has been called upon to perform any part of its agreement.
8. The Tribe shall apply for IRRBP funds for up to 80% of construction costs of the Project not to exceed one million dollars ($1,000,000.00). On the condition that the Tribe is successful in securing the necessary IRRBP funds, the MaineDOT shall provide the matching funds for construction and any funds in excess of this amount to complete the Project. The total construction cost is estimated to be 3.3 million dollars, therefore the projected MDOT matching funds is 2.3 million dollars. The Tribe shall retain up to five percent (5%) of its contribution to pay for Tribal administrative and overhead costs subject to BIA approval. Once the Tribe has been awarded the funds from the BIA and has been issued a notice to proceed from the BIA, the Maine DOT will advertise the Project for construction. The MaineDOT may proceed with the Project at its own cost if the IRRBP project funding is delayed or not approved in a timely manner by the BIA. IRRBP funds will be paid to MaineDOT based upon unit costs in the MaineDOT's cost estimate. Payments will be made on a monthly basis as work proceeds or as a lump sum as the funds are available. The Tribe and BIA personnel will have the option to attend monthly pay meetings and inspect the progress of the work completed. All site visits will be will be arranged with the MaineDOT on site representative.
9. The MaineDOT shall maintain all books, documents, papers, accounting records, and such other evidence as may be appropriate to substantiate cost incurred under this Agreement. Further, the MaineDOT shall make such materials available at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection and audit by the Tribe.
10. Upon completion of the Project, said roadway shall be owned, maintained and controlled by the Maine DOT. It is understood and agreed that the approval of the Project by the MaineDOT is subject to the conditions of this Agreement and that no expenditure of funds on the part of MaineDOT will be reimbursed until the terms of this Agreement have been complied with on the part of the Tribe and MaineDOT.
11. The Tribe acknowledges and agrees that although the execution of this agreement by MaineDOT manifests its intent to honor its terms and to seek funding to fulfill any obligations arising hereunder, by law any such obligations are subject to available budgetary appropriations by the Maine Legislature and, therefore, this agreement does not create any obligation on behalf of MaineDOT in excess of such appropriations.
12. The Tribe and MaineDOT acknowledges and agrees that nothing in this agreement is intended, or shall be construed, to constitute a waiver of any defense, immunity or limitation of liability that may be available to MaineDOT and the Tribe, or any of its officers, agents or employees, pursuant to the Eleventh Amendment to the Constitution of the United States of America, the Maine Constitution, the Maine Tort Claims Act (14M.R.S.A. Section 8101 et seq.), any State or federal statute, the common law or any other privileges or immunities as may be provided.
IN WITNESS WHEREOF, the parties have subscribed their names:
For the Passamaquoddy Tribe at Indian Township,
For the Maine Department of Transportation
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