Loading...
HomeMy WebLinkAbout1988-06-27 88-299 ORDERDate June 21, 1988- Item No. 88-299 Item/Subject: Authorizing Bmpenditure oY Commodity Deralopmeat Funds - Maine Products Center Feasibility Stuff Meaponsible Department: Flooding and Community Ders101meat - Commentary: The Bangor Center Deceloimeut Corporation hes requested $10,000 in City Comity Development funding (in additiian to $20,000 ccrmitted frrm the State of Maines $55000 Prom the Bangor Center Development Corporations and $5,000 from private sources to fund a feasibility study for a Maine Products Center Mich would be devoted to the promotion and marketing of Maine Products and Services and which mould be a sighifices tourist attraction. The estimated cost of the feasibility study is $40,000 of which It is proposed Bangor would pay 29$ up. to a sandman of $10,000. The location of the Chide Products Center would be in downtown Bangor or other possible locations in the central area of the City. The City's share of the funding world be from repayment proceeds Prom Urban Development Action Great loans. Given the level Of financial support Prom the State and other sources, it is recrossed did the City participate as requested. Cepatlmen[Heed Manager's Comments: GryGty Mnrege Associated information: 0.B Budget Approval: Fp,anoeLdr"rar Legal Approval: do terysolmilor Introduced For )Passage ❑ First Pealing Page_ of EIReferral 88-299 introduced by Councilor Tilley, June D, 1988 CITY OF BANGOR (TITLE.) (DYb¢¢f nnvu ,z,ii0 Expeaditure of Co®1.ah. Davelapmmt, Tunes _ Maine Products Center F sibility.9tu4y By W City Coaarii of W City ofDanger. ORDERED, THAT WHEREAS, the Bangor Center Development Corporation has requested $10,000 from the City of Bangor to partially fund a feasibility study for a Maine Products Center to be located in downtown orother possible locations in the central area of the City of Bangor; and WHEREAS, a full feasibility study is estimated to cost $40,000; and WHEREAS, the Bangor Center Development Corporation has received Twenty Thousand Dollars ($20,000) incommitments from the State of Maine, $5,000 from private sources, and $5,000 from the Bangor Center Management Corporation to fund the balance of the study; NOW, THEREFORE, by the City Council of the City of Bangor be it Ordered That the City Manager is hereby authorized to enter into an Agreement with the Bangor Center Development Corporation, a copy of which is on file with the City Clerk, to provide up to Ten Thousand Dollars ($10,000) of City of Bangor Community Development funds for the purpose of partially funding a feasibility study for a Maine Products Center to be located in downtown Bangor. STATEMENT OF FACT: The City would provide 258 of the cost of the study up to a maximum of $10,000. IN CITY COUNCIL June 27, 1988 Pd asse x Ee 88-299 ORDER Title, AatTOPizing Expenditure of Community Development Fonds - Won Products ........................... Center Peasibllity Study Introduced and filed by .... a ... e ......... Councilman W23 07q VE' CITI CIi6FFtN6UR LERK 88-299 AGREEMENT ARTICLES OF AGREEMENT, made and entered into this day of , 1988 by and between the City of Bangor, hereinafter called the CITY and the Bangor Center Development Corporation, hereinafter called the CORPORATION. WHEREAS, the CITY desires to participate with the State of Maine Department of Community and Economic Development, the Bangor Center Management Corporation, and others in the funding of a feasi- bility study for a Maine Products and Trade Center to be located in downtown Bangor or other possible locations in the central area of the City. WHEREAS, the parties have reached an understanding with each ether regarding professional services to be performed and the amount of participation therefore; and desire to set forth their understanding in the form of a written Agreement. NOW, THEREFORE, in consideration of the promises and mutual understanding of the parties hereto, it is agreed as follows: ARTICLE I: STATEMENT OF PURPOSE The CITY, State of Maine Department of Community and Eco- nomic Development, Bangor Center. Management Corporation and Others will provide funds to the CORPORATION for the purpose of financing a professional feasibility study for a Maine Products Center to be located in downtown Bangor. The objectives of the study will be to refine the concepts for the Center, to evaluate the market(s) and to test its financial and economic feasibility. ARTICLE II: SCOPE OF SERVICES The CORPORATION shall do, perform, and carry out in a satisfactory manner the following tasks: - 1. Solicit competitive proposals from qualified consultants who have demonstrated the ability to carry out a professional feasibility study for a Maine Products and Trade Center. The solicitation of proposals and award of an agreement for professional services shall be in conformance with Attachment 0, Circular No. A-102 "Uniform Requirements for Assistance t0 State and Local Governments." The "request for proposals" shall be similar to Exhibit A "Bangor Center Development Corporation - Request for Proposals" attached hereto and hereby made a part of. 2. Form a consultant selection committee for the purpose of and responsibility of: a) approving the final form of the request for proposals, b) reviewing all proposals submitted, c) selecting the consultant, d) approving the final form of the agreement/contract for consulting services. The CORPORATION agrees that the CITY shall have representation on the consultant selection committee generally proportional to the CITY's share of the estimated cost of the feasibility study, but in no case less than one vote. The CITY's representation on the committee shall be the City Manager and/or his appointees. The CORPORATION agrees that only proposals received as a direct response to the request for proposals will be considered for award of a contract. 3. Award a contract for professional services, supervise and monitor work performed by the consultant, and furnish the CITY with a minimum of three (3) reproducible copies of the consultant's report. ARTICLE III: CITY'S PARTICIPATION The CITY hereby agrees to provide up to a maximum of ten thousand dollars ($10,000) or twenty-five percent (258), whichever amount is less, of the cost of the professional feasibility study. The CITY's participation is with the understanding that the State of Maine Department of Community and Economic Development will provide twenty -thousand dollars ($20,000) towards the cost of the study, the Bangor Center management Corporation five thousand dollars ($5,000), and private sources five thousand dollars ($5,000). ARTICLE IV: RESPONSIBILITY FOR PROFESSIONAL SERVICES The CORPORATION shall assume full responsibility for the adequacy and sufficiency of the professional services provided for under this Agreement. ARTICLE Xf NOTICE Any notice which either party desires or is required to give to the other in connection with this Agreement, shall be in citing and shall be sent postage prepaid, certified mail, return receipt requested, as follows: If to CITY: Edward A. Barrett, City Manager City Ball 73 Barlow Street Bangor, Maine 04401 If t0 CORPORATION: Merle F. Goff, Coordinator Bangor Center Development Corporation 117 Broadway Bangor, Maine 04401 or such other person or address as may be designated by the parties. ARTICLE XI: INDEMNIFICATION CORPORATION shall indemnify and hold the CITY and its designated representatives and employees harmiess from and against all costs, fees, expenses (including reasonable attorney's fees and expenses), obligations, damages, liabilities, claims, judgments and the like arising out of the performance of the srvices contemplated r hereunder, other than in regard to CORPORATION o its consultant's professional judgments, analyses and reports and except to the extent any of the foregoing arises out of (i) an act or omission solely of the CITY or its designated representatives or employees, (ii) an error in any information, data, records, materials or similar items provided to CORPORATION or its consultant which i not a apparent 1n the exercise of reasonable judgment and review, or (iii) an error in any public records obtained and relied on by CORPORATION or its consultant which is not apparent in the exercise of reasonable judgment and review. ARTICLE XIS: CONFIDENTIALITY Except as isnecessary for the staff of CORPORATION to perform the services contemplated herein, all reports and recommendations prepared hereunder and all information, data, records, materials and similar items provided to or obtained by CORPORATION, other than matters of public record, shall remain confidential and shall not be transmitted to any person or entity other than the CORPORATION and the CITY, unless authorized in writing by the CORPORATION Or the CITY. ARTICLE XIII: SUPPLEMENTAL TERMS AND CONDITIONS The CORPORATION agrees that this Agreement is subject to, and the CORPORATION hereby agrees to bide by, the provisions Set forth in Exhibit B, "CONTRACT FOR PROFESSIONAL SERVICES, PART II - TERMS AND CONDITIONS" attached hereto and incorporated herein by reference. The CORPORATION also agrees to cause its consultant to bide by the provisions set forth in Exhibit B and to incorporate the provisions of Exhibit B into the Agreement with the consultant for the professional services s herein provided for. All references to CONSULTANT in Exhibit B shall mean Bangor Center Development Corporation and all references to CITY shall mean City of Bangor. IN WITNESS WHEREOF, the CITY OF BANGOR AND BANGOR CENTER DEVELOPMENT CORPORATION have executed this Agreement in duplicate counterparts as of the day and year first above written. BANGOR CENTER DEVELOPMENT CORPORATION BY TITLE CITY OF BANGOR BY Edward A. Barrett Its City Manager AGREEMENT ARTICLES OF AGREEMENT, made and entered into this 114 day of .?•"41 , 1988 by and between the City of Bangor, hereinafter called the CITY and the Bangor Center -Development Corporation, hereinafter called the CORPORATION. WHEREAS, the CITY desires to participate with the State of Maine Department of Community and Economic Development, the Bangor Center Management Corporation, and others in the funding of a feasi- bility study for a Maine Products and Trade Center to be located in downtown Bangor or other possible locations in the central area of the City. _ WHEREAS, the parties have reached an understanding with each other regarding professional services to be performed and the amount of participation therefore; and desire to set forth their - understanding in the form of a written Agreement. NOW, THEREFORE, in Consideration of the promises and mutual understanding of the parties hereto, it is agreed as follows: ARTICLE I: STATEMENT OF PURPOSE The CITY, State of Maine Department of Community and Eco- nomic Development, Bangor Center Management Corporation and others will provide funds to the CORPORATION for the purpose of financing a professional feasibility study for a Maine Products Center to he located in downtown Bangor. The objectives of the study will be to refine the concepts for the Center, to evaluate the market(s) and to test its financial and economic feasibility. ARTICLE II: SCOPE OF SERVICES The CORPORATION shall do, perform, and carry out in a satisfactory manner the following tasks: I. Solicit competitive proposals from qualified consultants who have demonstrated the ability to carry out a professional feasibility study for a Koine Products and Trade Center. The solicitation of proposals and awardofan agreement for professional services shall be in conformance with Attachment 0, Circular No. A-103 "uniform Requirements for Assistance to State and Local Governments." The "request for proposals" shall be similar to Exhibit A Bangor Center Development Corporation - Request for Proposals" attached hereto and hereby made a part of. 2 2. Form a consultant selection committee for the purpose of and responsibility of: a) approving the final form of the request for proposals, b) reviewing all proposals submitted, c) selecting the consultant, d) approving the final form of the agreement/contract for consulting services. The CORPORATION agrees that the CITY shall have representation on the consultant selection committee generally proportional to the CITY's share of the estimated cost of the feasibility study, but in no case less than one vote. The CITY's representation on the committee shall be the City Manager and/or his appointees. The CORPORATION agrees that only proposals received as a direct response to the request for proposals will be considered for award of a contract. - 3. Award a contract for professional services, supervise and monitor work performed by the consultant, and furnish the CITY with a minimum of three (3) reproducible copies of the consultant's report. ARTICLE III: CITY'S PARTICIPATION The CITY hereby agrees to provide up to a maximum of ten thousand dollars ($10,000) or twenty-five percent (258), whichever amount is less, of the cost of the professional feasibility study. The CITY's participation is with the understanding that the State of Maine Department of Community and Economic Development will provide twenty -thousand dollars ($20,000) towards the cost of the study, the Bangor Center Management Corporation five thousand dollars ($5,000), and private sources five thousand dollars ($5,000). ARTICLE IV: RESPONSIBILITY FORPROFESSIONALSERVICES The CORPORATION shall assume full responsibility for the adequacy and sufficiency of the professional services provided for under this Agreement. 3 ARTICLE V: REPORTS - PROPERTY OF THE CITY No report, maps, graphic work, recommendations or other documents produced, in whole or in part, provided for under this Agreement shall be the subject of an application for copyright by or on behalf of the CORPORATION, its consultant, or its agents or signs. All such materials furnished to the CITY under this Agreement shall become the property of the CITY, and CITY shall be free to use the same in any manner it deems appropriate. The CORPORATION will provide the CITY ten Copies of preliminary reports and descriptions, and twenty copies of the final report prepared by the CORPORATION'S consultant. ARTICLE VI: PROJECT PROCEDURES AND ADMINISTRATION The CORPORATION'S activities under this Agreement will be supervised and coordinated by the CITY'S Department of Planning and Community Development The Planning and Community Development Department Staff will assist the CORPORATION in organizing necessary meetings with various CITY groups involved in the various phases of the project and will meet periodically with the CORPORATION and its consultant to provide information, review progress, and provide input into the work products. ARTICLE VII: TIME OF PERFORMANCE The CORPORATION shall commence performance within thirty (30) days after the date of this Agreement and will complete no later than November 30, 1988. ARTICLE VIII: ASSIGNMENT The CORPORATION shall not assign, sublet, or transfer its interest in this Agreement without the written consent of the CITY. ARTICLE IX: GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Maine. Any disputes arising out of or in the course of this Agreement which are not resolved by mutual agreement of the parties hereto shall be resolved by litigation in the Maine Superior Court for Penobscot County. ARTICLE X: NOTICE Any notice which either party desires or is required to give to the other in connection with this Agreement, shall be i writing and shall be sent postage prepaid, certified mail, return receipt requested, as follows: If to CITY: Edward A. Barrett, City Manager City Hall 73 Harlow Street Bangor, Maine 04401 I£ to CORPORATION: Merle P. Goff, Coordinator Bangor Center Development Corporation 117 Broadway Bangor, Maine 04401 or such other person or address as may be designated by the parties. ARTICLE XI: INDEMNIFICATION CORPORATION shall indemnify and hold the CITY and its designated representatives and employees harmless from and against all coats, fees, expenses (including reasonable attorney's fees and expenses), obligations, damages, liabilities, claims, judgments and the like arising out of the performance of the services contemplated hereunder, other than in regard to CORPORATION o its consultant's professional judgments, analyses and reports and or to the extent any of the foregoing arises out of (i) an act or omission solely of the CITY or its designated representatives or employees, (ii) an error in any information, data, records,materials or similar items provided to CORPORATION or its consultant which is not apparent in the exercise of reasonable judgment and review, or (iii) an error in any public records obtained and relied on by CORPORATION or its consultant which is not apparent in the exercise of reasonable judgment and review.. ARTICLE XII: CONFIDENTIALITY Except as is necessary for the staff of CORPORATION to Perform the services contemplated herein, all reports and recommendations prepared hereunder and all information, data, records, materials and similar items provided to or obtained by CORPORATION, other than matters of public record, shall remain confidential and shall not be transmitted to any person or entity unless authorized in writing by the CITY. 5 IN WITNESS WHEREOF, the CITY OF 'BANGOR AND BANGOR CENTER DEVELOPMENT CORPORNTION have executed this Agreement in duplicate counterparts as. of the day and year first above written. BANGOR ER DEVELO_PM�ENT CORP TION e+"�C/iXl--� 6 TITLE CITY OF BANGOR W nese BY Edward A. Barrett Its City Manager BANGOR CUM DEVELOTHEW CORMRWTloa RBpufgT POR PROPOSALS The Bangor Center Development Corporatian will be receiving proposals until t1:OO a.m., Monday, September 12, 1988 for carrying out a professional feasibility study for Saint Products and Trade Center to be located In Covetous Boner. The objectives of such a study will be to refine the concepts for the Center, to evaluate the markets) and to test its financial and economic feasibility. Materiels describing the concepts of the Raine Products and Trade Center are Included for the Information of prospective bidders. Because of the specialized mature of the work to be performed, awards will sot be on price alone. The selection of a contractor will take Into consideration the specific steps proposed to acquire the necessary data, the number of potential remark Interviews guaranteed, the wrote of the contractor's experience and perhaps moat Important, the background and experience of the contract personnel assigned to the project. As a part of this proposal the Contractor will be expected to refine the concept of the Maine Products and Trade Center for the benefit of prospective tenants In making decisions of likelihood of parklelpetion. In addition to this Corporation, other Interested parties in this project Include, building owners, the City of Bangor, Maine State Development Office and the Bangor Center Development Corporation. The proposal should be designed to provide answers to certain specific questions, such as: - 1. Used me ample interviews, an estimate of the number of companies that could be convinced to. Issue space. 2. Based on sample interviews, an estimate of whether a suitable mix of tenants consistent with the comprehensive nature of the project and representative of the Mahe economy would lease space. 1. Rw the Center fits into the various marketing strategies. a. tanufacturera b. Wholesalers C. Retailers d. Crafts e. Corporate, Non-profit, Educational and Governmental Agencies 6. A judgement of acceptable rent levels. 5. Whether .rent levels and apace requirement for s suitable mix of tenants can be accommodated in the Maine Products and Trade Center. 6. Any spenlal amenities that may be required to accommodate prospective tenants. (Examples: Elevators. Refrigeration, Storage, Etc.) y. Sheehan a project of 75.000 - 100,000 sq. ft. mixed use apace as conceived in the enclosed statement can be supported in this market. S. Each person interviewed is to be asked how $the would view a proper "mix" of participants in the Center to beat expose and merchandise Maine Products and to mmxinize the attraction of customers as well as retail. commarclal and tourist traffic. chewers must be based on the premise that the Center Is envisioned to be self-supporting. The proposal will include • analysis of the capital and operating costs for a (Line Products and Trade Cener along with the impact such costs would have on the feasibility of the project. Operating cents and capital requirements will be based on the assumption that there is a preferred site. which will be identified to prospective bidders, but the report should be in a farm so that data can be Interpolated to apply to other possible locations in the central area of the City. The Contractor will be expected to develop from both revenue and cost data collected in the preceding tasks a 10 year cash flow analysis which will Indicate to Interested parties a financial projection for the project. The Contractor is to include, with documentation, an estimate of regular costumes and potential visitors to the Mine Products and Trade Center which should Include a focus on Canadian visitors and Canadian markets. The Contractor, ns a part of the required work, is to link the financial feasibility of the Center itself to the economic Impact on the area in order to provide a full picture of the economic benefits of the concept. The Contractor will submit a preliminary report on progress 60 days after signing of the contract and a final report act more than 90 days after signing of the contract. Further Information to available by calling Merle F. Goff, Coordinator, Bangor Center Development Corporation (207)945-9431. extension 406. The Bangor Center Development Corporation reserves the right to accept o reject any o all bide or to negotiate modifications in proposals should it be determined to be in the beet Interests of the project or the Development Corporation to take such action. Proposals should be veiled to Market Decisions, Inc. 22 cottage Bead Bauch Portland, HE 04106 Laventhol 6 Dozenth 2 Canter Plaza Beaton, PLA 02108 James Long Northeast Research 69 Min Street Orono. BE 04473 A.D. Little Co.. Inc. Aeere Park Cambridge. IIA 02140-2390 Attention: John S. Read Strategic Marketing Services 390 Congress Street Portland, BE 04101