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