HomeMy WebLinkAbout1987-08-24 87-321 ORDER0]-321
Introduced by Councilor Tilley, Aug,st 24, 1907
CITY OF BANGOR
(TITLE.) Mrbtr,_..-.. twtlari ing rhe Interim City Mneger W sign. an Agreement
With the State Planning office- terfront Action Grant
By Be City Cessna of vis City Of Ba+ -
ORDERED,
Awe the Interim City Manager be arA hereby is authorized to sign an
agrcement wife the State Planning Office, a copy of said agreement on file
in the Office of the City Clark, pertaining W the 1986 Waterfront Action
Grant Program, representing a Grant in the arrant of $30,000 for the
waterfront park iwVrovenents between Washington Street and the Joshua
Chmrberlain Bridge.
Statement of Fact; Notice of We grant was received last spring; howevee,
the formal processing of the aMlication was just
recently caleted on the Federal level. The Community
Wvel pmmnt Department is providing an additional
$40,000. for Nis project.
87-321
O ROER
In City council August 24,1987
Passed - Title,
Authorizing the Interim CityManager
to sign an agreement with thee
State
Ci y Cler planning Office - Waterf YOnt Action Grant
/Introduced and filed by
.
COLOcilamn
N]-321
STATE OF MAINE
Standard Farm of Federal Sub -Contracts
on -Pass-through' Programa
1. Appropriation Number 3029 1016 4. Contract Number
2., Dollar Amount t30,000 S. Encumbrance Number
3. Termination Data ]2/31/5] 6. Date Received
THIS AGREEMENT, made this 30th day of J 1987, by and
between the State of Maine, Department of Executive, State Planning Office,
hereinafter called 'Department" and City of Bangor, hereinafter called
"Contractor".
The type of organization of the Contractor is:
_ 1. An individual doing business a
2. A partnership.
XX 3. A municipal corporation.
4. Other:
The princlDal office of Me Contractor is located at
Ci Hall, 73 N 1 St eet Bangor ME 04401
The Employer identification number of the Contractor is O6i.LgXl18.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Department,
the Contractor hereby agrees with the Department to furnish consultation with
the Department, perform the services, study or project described in Hider A.
The following Riders are hereby incorporated into this contract by reference:
Rider A - Specifications of Work to be Performed
Rider S - Payment and Other Provisions
Rider C - Standard Terms and Conditions
IN WITNESS WHEREOF, the Department and the Contractor, by their
representatives duly authorised, have executed this agreement in triplicate
originals a5 of the day and year first above written.
This standard contract is to
facilitate subcontracting/
subgranting of certain Federal
funds from the State, for the
public benefit; it has been
reviewed and approved as to -
form by the Attorney General and
is on file with the Contract
Review Committee.
MAINE STATE PLANNING OFFICE
by:
Richard H. Silkman, Director
CONTRACTOR - City o4 Bangor
by:
RIDER A
SPECIFICATIONS OF YORK TO BE PERFORMED
The City of Bangor contracts with the State Planning Office to undertake:
Penobscot River Parkway Development
A. Product Description
The project site is located on the waterfront of the Kandtekeag Stream at
its junction with the Penobscot River in downtown Bangor, Penobscot County.
The proposed project will construct walkways, install benches and picnic
tables and landscape this waterfront parcel which is the final 600 foot link
In a 10,000 foot shoreline Parkway that the City has been constructing since
1976. The parkway includes a network of walkways, benches, picnic ars, boat
launching facilities for recreational boaters and a municipal landingedock
which provides
Improvements t guest
tfinal ipand
will C i and auox i unsightly
facilities. an
v kparcelleap up an psfghtly r a n do x311
Pprovidearkway the pedestrian link needed to connect the upstream portion f the
Parkway to the Penobscot River parkway and the boating facilities.
Scone
The City proposes: 11 t0 create crushed atone walkways; 21 t0 install
benches and picnic tables; 3] to Install two lights; and 91 to landscape the
parcel with grass, trees and shrubs.
B.
Work
Prcaram
August
-
December
31
1987
- The City shall review this contract and return four signed copies of
the cover sheet along with any amendments of Rider A to am.
- The City shall select a qualified contractor through a Competitive
bidding process and submit a copy of the complete bid form of the
successful bidder to SPO.
- The City shall prepare a subcontract with the contractor which shall
be reviewed by Sp0 prior to being signed.
- The Project shall be undertaken as soon as possible after the
approval and signing of this contract and the subcontract. All work
shall be completed by December 31 1987.
- The City shall require certification that the project has been
completed in compliance with the approved project design
specifications. This certification shall be Prepared by the
engineer or
contractor responsible fon supervising the construction
and shall be submitted to SPO with the final payment request.
C Budget
This contract provides 630,000 in Waterfront Action Grant funds and will
al funds. A
dget of
ach
be supplemented
element shall be submittedtothe SPO based onethe ucomplet o
project bid form.
COASTAL LOCAL
FUNDS FUNDS
Clearing 6 Grubbing 0 0 s 600
0.4 As. 0 1500/acre
Earth Fill 0 2,750
. $50 cy @ 5.00/cy
4' Loan & Seed 1,050 11000
1900 By @ 1.50/sy
Repair Crib Ball 12,000 0
0000 if 0 1.50/if
Walkways, 3- crushed 5,000 625
stone/6' grams
11,250 0 .50
Picnic Tables 3,200 000
10 0 400
Benches 4,000 1,200
13 @ 400
Decorative Lights 0 4,000
with conduct
2 0 2000
Trees - 3- - 4- 11250 51000
25 @ 250
Historical Plaques 0 3,000
4 0 750
Shrubs 250 0 50 3,500 9.000
Sign 0 21000
Traffic Island 0 3,000
102 Engineering 6 0 6,405
contingency —
TOTAL 830,000 840,100
0,eCrt Conditions
1) The City comply with the Attachment 2 of Hider C 'Construction
Contractors Affirmative Action Requirements' as applicable.
2) The project must be open to use by the general public.
3) All required federal, state and local permits suet be obtained for
the project prior to the expenditure of funds for actual
construction of the project.
4) No fronds shall be expended for actual construction until the City
submits a copy of the deed restrictions to NOAA/OCBM (via SRO) for
review and approval.
F7
E Praiser Manager
John Frawley, City Engineer Telt 947-0341, ext. 201
73 Marlow Street
Bangor, ME 04401
F. Responsibilities of Prosect Manager
The project manager shall be responsible for making sure that the terms
of this agreement have been set. Management of the projectwill involve but
not be limited to: supervising contractors, submitting bills and other
required documentation, and serving as contact with the State Planning Office.
G. Payment Schedule
The State Planning Office x111 pay the City of Bangor for this project.
upon receipt of the appropriate bills and satisfactory evidence of work
completed according to Section x of the attached Standard Terme and
Conditions designated in Hider C.
H. ed TO
- Grantee must maintain records and timely recording and documentation
of expenditures fres grant and local matching funds.
- Any grant fun" not spent during the grant period small be returned
to the State Planning Office.
- Expenditures for printing and the purchase of capital equipment are
allowed only when prior approval is granted by the State Planning
Office.
- We elected official of the city may receive financial benefits as a
result of this grant.
- Copies of annual city audit reports covering the coastal grant
period may be requested by the State Planning Office if needed.
- Mileage costa shall not exceed the rate paid to State employees
Which is currently 22 cents per mile.
Subcontracts shall be in the same form as the contract between the
unity d the State, shall be subject to the same general terms,
community
and covenants and shall be reviewed by the SPO prior to
signature.
- When subcontracting with private consulting services
s for over 9250,
mr
the community must request three o re propoaaleadvertise the
projectn
for three consecutive days In a daily paper unless prior
approval is obtained from the State Planning Office for a
sole- subcontract. Sole -source arrangements may be entered
into my in cases when specialized knowledge or equipment is
necessary.
1. Project Credits
All final designs and plana shall indicate the community(s) sponsoring
the project and consultant(.) involved. They shall oleo contain the following
atatemen"
'Financial assistance for this project was provided by a grant from
MAINE'S COASTAL PROGRAM, through funding provided by V.S. Department
of Commerce, office of Coastal Zone Management, under the Coastal
Zone Management Act of 1972, as amended.'
RIDER B
Payment and Other Provisions
1. CONTRACT SUM. The Department shalt pay the Contractor for the performance
ofthecontract in current funds the sum of 4hirty. thousand dollars " --
1dae'oov. Progress payments. on account of the contract shall be
aceding to Rider A.
2. INVOICES AND PAYMENTS. Payment shall be made by the Department after
receipt of an approved itemized invoice submitted by the Contractor on the
Request for Payment forms provided by the Department.
3. BENEFITS AND DEDUCTIONS. The Contractor understands and agrees that he is
an Independent Contractor for whon no Federal or State Income Tax will be
deducted by the Department, and for whoa no retirement benefits, survivor
benefit insurance, group life insurance, vacation and sick leave, and
similar benefits available to State employees will accrue. The,Contractor
further understands that annual information Returns as required by the
Internal Revenue Code or State of Maine Income Tax Law will be filed by the
State Controller with the Internal Revenue Service and the State of Maine
Bureau of Taxation, copies of which returns will be furnished to the
Contractor for his Income Tax records.
4. INDEPENDENT CAPACITY. The Parties hereto agree that the Contractor, and
any agents and employees of the Contractor, in the performance of this
agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
S. CONTRACT ADMINISTRATOR. All invoices, progress reports, correspondence,
and related submissions from the Contractor shall be directed to:
Name: Sherry Hanson
Title: Coneract AaRnistrator
Address: tate anm ng ice 130
6l State treet
Ygusta, Maine
who is designated as the Contract Administrator on behalf of the Department
for this Contract.
6. DEPARTMENT'S REPRESENTATIVE. The Contract Administrator shall he the
Department's representative during the period of this agreement. He or she
has authority to stop the work if necessary to insure its proper execution.
He or she shall certify.to the Department when payments under the contract
are due and the amounts to be paid. He or she shall make decisions on all
claims of the Contractor, subject to the approval of the Head of the
Department.
T. PERIOD OF PERFORMANCE. The Contractor shall:
A. Work when called by the Department.
B. Use due diligence to complete the work within a reasonable time.
—7— C. Complete the work no later than Oetember 31, 1987,
D. If the work is not completed by ,
Contractor shall pay Department as follows
8. SUBCONTRACTS. Subcontracts shall be made consistent with State Regulations
and shall be reviewed by the State Planning Office prior to being signed.
9. SUBLETTING, ASSIGNMENT OR TRANSFER. The Contractor shall not sublet, sell,
transfer, assign, or otherwise dispose of this agreement or any portion
thereof, or of his right, title or interest therein, without written
request to and written consent of the Contract Administrator, except to a
bank. No subcontracts or transfer of agreement shall in any case release
the Contractor of his liability under this agreement.
18. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract, the
Contractor agrees as tallows:
a. The Contractor will not discriminate against any employee or applicant
for employment relating to this agreement because of race, color,
religion, creed, sex, national origin, ancestry, age or physical
handicap, unless related to a bonafide occupational qualification.
The Contractor will take affirmative action to insure that applicants
are employed and employees are treated during employment, without
Such action shall include but not be limited to one tollo'wtng:
employment, upgrading, demotions, or transfers; recruitment or
recruitment advertising; layoffs or terminations; rates of pay or
-other forms of compensation; and selection for training including
apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting
forth the previsions of this nondiscrimination clause.
b. The Contractor will, in all solicitations or advertising for employees
placed by or on behalf of the Contractor relating to this agreement,
state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, creed, sex,
national origin, ancestry, age, or physical handicap.
c. The Contractor will send to each labor union or representative of the
workers with which he has a collective or bargaining agreement, or
other contract or understanding whereby he is furnished with labor for
the performance of this contract, a notice, to be provided by the
contracting department or agency, advising the said labor union or
workers' representative of the Contractor's commitment under this
section and shall post copies of the notice in conspicuous places
available to employees and to applicants for employment.
d. The Contractor will cause the foregoing provisions to be inserted in
any subcontracts for any work covered by this agreement so that such
provisions shall be binding upon each subcontractor, provided that the
foregoing provisions shall not apply to contracts or subcontracts for
,.. ,.w �INnl cnnnlies or raw materials. The Contractor, or 8"
MMI
with the.Maine Employment Security -Commission. These provisions shall
not apply to employment openings which the Contractor, or any
sub -contractor holding a contract under the Contractor, proposes to
fill free within its own organization. Listing of such openings with
the Employment Service Division of the Maine Employment Security
Commission shall involve only the normal obligations which attach to
e. Each contractor or subgrantee shall have an affi motive action plan
which declares that it does not discriminate on the basis of race,
color, religion, creed, national origin, sex, and age and which
specifies goals and target dates to assure the implementation of that
plan. The grantee shall establish procedures to assure compliance
with this requirement by contractors or subgrantees and to assure that
suspected or reported violations are promptly investigated.
11. USE OF SMALL BUSINESS AND MINORITY-OWNED BUSINESS. The Contractor agrees,
for purposes of this contract, to take affirmative steps to utilize small
business and minority -awned business sources of supplies, equipment,
constriction, and services. - -' '
12. EMPLOYMENT AND PERSONNEL. The Contractor shall not engage on a full-time,
part-time or other basis during the period of this agreement, any
professional or technical personnel who are or have been at any time during
the period of this agreement in the employ of any State Department or
Agency, except regularly retired employees, without the written consent of
the public employer of such person. Further, the Contractor shall not
engage on this project an a full-time, part-time or other basis during the
period of this agreement any retired employee of the Department who has not
been retired for at least one year, without the written consent of the
Contract Review Committee.
13. OFFICIALS AND STATE EMPLOYEES NOT TO BENEFIT. No member of or delegate to
Congress, or resident Commissioner, or individual employed by the State at
the time this contract is executed or any time thereafter shall be admitted
to any share or part of this contract or to a" benefit that may arise
therefrom directly or indirectly due to his employment by or financial
interest in the Contractor or any affiliate or the Contractor. This
provision shall not be construed to extend to this contract if made with a
corporation for its general benefit.
14. WARRANTY. The Contractor warrants that it has not employed or written any
company or person, other than a bonafide employee working solely for the
Contractor to solicit or secure this agreement, and that it has not paid,
or agreed to pay any company or person, other than a bonafide employee
working solely for the Contractor any fee, commission, percentage,
brokerage fee, gifts or any other consideration, contigent upon, or
resulting from the award for making this agreement. For breach of
violation of this warranty the Department shall have the right to annul
this agreement without liability or, in its discretion, to deduct from the
contract price or consideration, or otherwise recover the full amount of
such fee, commission, percentage, brokerage fee, gifts, or contingent fee.
15. AUDITS AND ACCESS TO RECORDS. The Contractor shall maintain all books,
documents, payrolls, papers, accounting records and other evidence
pertaining to cost incurred under this agrement and make such materials
available at their offices at all reasonable times during the period of
this agreement and for three years from the date of the expiration of this
agreement, for inspection by the Department or any authorized
representative of the State of Maine and copies thereof shall be furnished,
if requested.
a. The grantee, appropriate Federal agencies, the Comptroller General of
the United States, or any of their duly authorized representatives,
shall have access to any books, documents, papers, and records of the
contractor which are directly pertinent to a specific grant program
for the purpose of making audit examination, excerpts, and
transcriptions.
b. Audits shall be performed in accordance with the Single AUEft Act of
1984, P.L. 98-502, as implemented by OMB Circular No. A-128, Audits of
State and Local Governments.
16. TERMINATION. The performance of work under the contract may, be terminated
by the Department in whole, or from time to time, in part whenever for any
reason the Contract Administrator shall determine that such termination is
in the best interest of the Department. Any such termination shall be
effected by delivery to the Contractor of a Notice of Termination
specifying the extent to Wch performance of the work under the contract
is terminated and the date on which such termination becomes effective.
The contract shall be equitably adjusted to compensate for such termination
and the contract modified accordingly. In any event, this contract shall
be terminated on -Dec. sl, 1987
17. GOVERNMENTAL REQUIREMENTS. The Contractor warrants and represents that all
governmental ordinances, laws and regulations shall be complied with.
a. Contracts and subgrants of amounts in excess of $100,000 shall contain
a provision which requires the recipient to agree to comply with all
applicable standards, orders or regulations issued pursuant to the
Clean Air Act of 1970. Violations shall be reported to the Regional
Office of the Environmental Protection Agency.
b. All contracts and subgrants with governmental and non-profit agencies
shall include provisions for payment on a net -to -exceed,
cost -incurred, non-profit basis only.
18. INTERPRETATION AND PERFORMANCE. This agreement shall be governed by the
laws of the State of Maine as to interpretation and performance.
19. STATE HELD HARMLESS. The Contractor agrees to indemnify, defend and save
harmless the State, its officers, agents and employees from any and all
claims and losses accruing or resulting to any and all contractors,
subcontractors, naterialmen, laborers, and any other person, firm or
corporation furnishing or supplying work, services, materials or supplies
in connection with the performance of this contract, and from any and all
claims and losses accruing or resulting to any person, firm or corporation
who may, be injured or damaged by the Contractor in the performance of this
contract and against any liability, including costs and expenses, for
violation of proprietary rights, copyrights, or rights of privacy, arising
out of publication, translation, reproduction, delivery, performance, use
or disposition of any data furnished under this contract or based on any
-
libelous or other unlawful matter contained in such data.
In relation to this contract, the State and the Department shall have no
obligation for reimbursement to the Federal government resulting from audit
exceptions or for any other reason, and all such obligations shall be
assumed by the contractor.
20. This contract is subject to the encumbrance of funds by the State
Controller.
21. ENTIRE AGREEMENT. This contract contains the entire agreement of the
parties, and neither party shall be bound by any statement or
representation not contained herein.
13/
A. LEIn'tiom
Except to the extent modified or supplemented by this Grant Agreement,
any term defined in the Act las defined below) or the regulations las
defined below) shall have the same meaning when used herein.
1. "Agreement' means this Grant Agreement, and any amendments or
supplements thereto.
2. 'Act" mea" the Coastal Zmm Management Act of 1972 (P.L. 92-583)
as mended by the Coastal Zone Management Act Amendments of 1976
(P.L. 94-370).
3. "Grantor" refers to the Maine State Planning Office, State of
Maine, when applied to this grant agreement.
4. "Grantee' means the entity designated am a recipient for grant
ssistance in the grant agreement. The term 'Grantee' i
interchangeable with contractor throughout this contract•
S. 'Project' means the work, the facilities and/or the property,
real or person, which is financed wholly or in part by the funds
administered by the grantor..
6. 'Regulations" means those regulations promulgated pursuant to the
Act and found at 15 CPR Parte 923 and 928.
7. -A-102' means Office of Management Budget Circular. A-102,
-uniform Administration Requirements for Grants -in -Aid to State
and Local Governments.'
B. General Previsions
1. The Grantee hereby agrees to discharge, Perform, and fully
satisfy all provisions of the scope of work directly Or
indirectly applicable to the Grantee, and the Grantee further
agrees that it shall not, through any act or omission, violate
any provision of this contract.
2. In con action with all phases of Cha Project, including all work
to beperformed in the development thereof, the grantee agrees as
follows:
a) The Grantee agrees to execute and complete the Project in
strict accordance with the attached Project Scope and the
other terms and conditions hereof. Subsequent to this
Agreement, any change in the use or any substantial change
in the design or arrangement of the Project must have the
prior written approval of the Maine State Planning Office
and the National Oceanic 6 Atmospheric Administration of the
G.S. Department of Commerce.
b) The Grantee shall not advertise any work on the Project for
bidding, enter into any contract for work to be performed,
or undertaken any work on the Project unless and until the
grantee has submitted reasonably detailed plana and
specifications for the Project to the State for approval and
shall havereceived written approval from the Maine State
Planning office.
C) The Grantee agrees to repay any funds received for costa
determined to beno-allmvable by a poet audit of the
Project accounts. - (The final plana submitted My the ten
and approved by the SPG will be the basis for determining
allowable costa.)
3. The Grantee agrees that It shall, at its sole coat and expanse,
retain title to and management over
all land acquired and
improvements thereon developed inconnection with the Project
(such land and improvements hereinafter referred to as the
•Facilities') and operate the Facilities in a first-class Mannar
for the man of the general public for the lifetime of the
Facilities. Without limitationofthe foregoing, the Grantee
shall, at its sole cost and expeee, comply with the following
particular requirements:
a) The Grantee shall o r lease and operate the Facilities
and shall not sell, assign, transfer, sublet, encumber o
Bate or suffer any lien upon the Facilities o any part
thereof.The Facilities shall be kept open to the public at
reasonable hours and ties of the year onnaiatent with the
types of use opportunities offered therein, and shall be
open to use and entry by all members of the public,
regardless of race, color, creed, national origin, sex or
place of residence, who are
eligible a e
according to reasonable
rules and regulation forthe Use of the Facilities adopted
by the Grantee In accordance with the Project Agreement. -
b) The Grantee shall keep the Facilities safe for public see in
good, operable condition and repair..
4. The Grantee shall, at its own cost and expense, keep
improvements, equipment or buildings, within the Facilities
insured against loss or damage by fire, lightning, vandaliah,
malicious mischief, theft and Such other risks am -may be included
in the broadest farm of extended coverageavailable in an amount
equal to the full Insurable value thereof,
5. The Grantee understands and agrees that byexecuting this
e
Agreement and r iving the benefits hereof, it is irrevocably
binding itself tooperate, maintain, and care for the Facilities,
all at its sole mart and expense, and in accordance with the
provisions of this Agreement.
6. The Grantee shall peat in a prominent place on the Facilities,
and shall maintain in good condition, a sign, approved by the
State, giving public acknowledgement of assistance from the
Coastal Program, provided by the National Oceanic & Atmospheric
Administration.
C. Use of Grant Funds
1. Grant funds are to be meed only for the purposes and activities
cover" under the approved project and budget. Grant funds are
to be used only in accordance with procedures, requirements, and
principles specified in Office of Management and Budget Circular
A-102, A-97 and A-128 Single Audit Act of 1984.
2. Funds will be used in e manner that,is consistent with the
State's approved coastal zone management program.
S. Grant funds may not, without advance written approval by the
Grantor, be obligated prior to the effective date or subsequent
to the completion data Of the grant period. obligations
outstanding as of the completion date shall be liquidated within "
90 days. Such obligations meet be related to goads or services
provided during the grant period, excapt that reasonable coats
associated solely with grant closeout, e.g., audita, final
reports, etc. may he incurred within 90 daysafter the completion
date.
D. Procurement Standards
Procurement procedures of the Grantee will be in accordance with state
and local procurement practices and regulations, provided that
procurements made with grant project funds adhere, at a minimum, to
the standards met forth in Attachment 0 of A-102.
E. Final Plans and SoecificatiOns
The Grantee shall provide to the Grantor four (4) copies of Its final
plana and specifications for the project prior to commencing work on
the site.
F. Construction Contract Awards
Prior to the award of construction contracts for whom than 8250.00,
the Grantee shall furnish the following to the Grantor:
1. Pew, address and telephone number of contractor;
2.Contractor's employer identification number:
j. Dollar value of contract;
4. Starting and completion dates of contract;
S. Contract number: and
6. Geographical area of performance.
Additionally, for each contract awarded, the Grantee shall maintain
the following in its filest
1. Tabulation of bids, the bidW, the alternates when applicable,
to be taken by number and amount, and the resultant totalW of
the proposed award. The tabulation will also Show the designing
architect/engineer's estimate. The tabulation must be
ooppanied by.a certification of the architect/englncer as to
the correctness and completeness Of the tabulation. The
certificate must be accompanied by a statement from the
rchitect/engineer recommending award to the low bidder. If the
project is awarded to Other than the low bidder, the reasons must
be fully stated, and accompanied by certification by the Grantee
that such action is legal under local and state procurement lax.
2. A copy of the complete bid form of the successful bidder.
3. A statement signed by the authorized representative of the
Grantee Matt
a) All bide were received sealed and were opened in hie/her
presence:
nt funds in
tion to
b) neGranitee has by Me Grantor eto complete the project.
e funds
provided
including
interim financing: and
c) The Grantee has obtained, or can obtain, all land,
rights-of-way, permits, franchisee and all federal, state,
and local coordinations and approvals necessary
ary to the
completionof the project, and in all other respects has
Implied with pertinent federal. state, and local laws
G. Bonding and Inanition
1. State or local units of government shall follow their Gannormal
requirements relating to bid guarantees, performance bonds, and
payment bonds except for contracts exceeding 010,000; for
contracts exceeding $10,000 the minimum
requirements shall be as
follows. Sha Grantee shall require abid guarantee from each
bidder equivalent to five percent of the bid price: a performance
bond on the part of the contractor and subcontractor for 100
percent of the contract price: and a payment bond on the part of
the contractor and subcontractor for 100 percent of the contract
price (14 MRSA, Sect. 871).
2. The Grantee pavements that each of its officials or employees
having custody of the project funds during acquisition,
construction. development, and operation shall he bonded at all
eines in such amount as normally required by the State.
3. The Grantee shall carry insurance, and require each contractor
and subcontractor to carry insurance,
of such types and in such
amounts as normally required nbythe State.
H. Payment of Funds
Funds awarded are to be expended only for purposes and activities
covered the Grantee's approved project Add budget. Payments x111
he "do on a reimbursement basis. Requests for Payment should include
n itemized statement of expanses accompanied by detailed progress
reports. Progress reports should include a discussion of project
schedule, contractual performance problems, cost overruns or savings,
anticipated delays or problems and quality of workPerformed.
Itemized statements of expenses should be patterned after attachments
I.
1. Allowable Coate
Except where inconsistent with federal requirements, state procedures
and practices will apply to funds disbursed by the State Planning
office and local procedures and practices to funds disbursed by units
of local government. A-E] -Principles for Determining Costa
Applicable to Grants and Contracts with State and Local Governments",
will be complied with by the Grantee with respect to the treatment of
specific items and their teat allovebility.
J. grantee Financial Management Systat
1, Responsibility of Grantee. The Grantee must establish fiscal
enrol and fund accounting procedures which ensure proper
disbursement of, and accounting for, grant funds and any required
non-federal expeaditureao this responsibility applies to funds
disbursed by subgfentees and contractors as well as to funds
disbursed In direct operations of the Grantee.
y Recording and Documentation Of Receipts and E nditures.
Accounting procedures most Provide forantura ate nd timely
recording of receipt of funds by so ofexpenditures made
from uch funds, and of unexpended balances.
Controls must be
established which are adequate toensure that expenditures
charged to grant activities are for allowable purposes and that
documentation is readily available to verify Nat such chargee
are accurate.
K. Suspension or Termination of Grant
1. Suspension. The Grantor reserves the right to suspend the grant,
and withhold further payments, or prohibit the Grantee from
incurring additional obligations, pending corrective
action by
the Grantee o a decision by NOAA to terminate thegrant unless
the project is completed to the satisfaction of the Grantor and
NOAH.
2. Termination for Cause. The Granter reserves the right to
terminate the grant in whole, or inpart.at -anytime before the
date of completion, upon written notice to the Grantee that it
has failed to comply with the conditions of the grant. In
connection with such termination, payments made to the Grantee or
recoveries by the Grantor shall be in accord with the legal
rights and liabilities of the parties.
3. Term nationfor Cc vanier�i.
The Grantor or the Grantee may
terminate the assistance in whole or in part. If both parties
agree that the continuation of the funded program will not
produce beneficial results commensurate with the further
expenditures of funds. The Granter and the Grantee shall aurae
upon the termination conditions, including the effective date
and, in the case of partial terminations, the portion to be
terminated. The Grantee shall not incur new obligations for the
terminated portion after the effective date, and shall cancel as
any outstanding obligations as possible. The Grantor shall
allow full credit to the Grantee for the Federal share of the
tellable obligations, properly incurred by the Grantee
prior to termination.
L. Other d Party Particloation (See also Item F.) -
Is " exceptan, provided InItemF.i the Grantee may make subawards
that have been identified in the approved program activities.
However, 1f they have not been so specified, the Grantee shall
advise the Grantor of the proposed aubawardee and the amount
allocated prior to the making of such auhawarda. The Grantor
reserves the right to disapprove such awards if they appear to be
inconsistent with the program activities to be conducted under
thin agreement.
2. All contemplated sale source procurements by the Grantee from
private firms or individuals require the Grantor's approval. The
Grantee is authorized prior approval authority for sole source
awards by its ane-awardees.
3. The Grantee may use its own procurement regulations which reflect
applicable State and local law, rules, and regulations provided
that procurements made with Federal funds adhere to the standards
set forth In A-142, Attachment o.
4. The Grantee must take affirmative steps to utilize small business
and minority-owned business sourcesof supplies equipment.
construction, and services. Affirmative steps shall include the
following:
(A) Including qualified small and minority businesses an
solicitation lists.
(b) Assuring that small and minority businesses are solicited
whenever they are potential sources.
(c) When economically feasible, dividing total requirements into
-smaller tasks orquantities so as to permit maximum small
and minority business p8rticipatlan.
(d) Where the requirement permits, establishing delivery
schedules which will encourage participation by small and
minority business.
(e) Using the services and assistance of the Small Business
Administration and the Minority Business Development Agency,
of the Department of Commerce as required.
(f) If any sObcontracts are to be let, requiring the prime
contractor to Take the affirmative steps in (a) through (e) -
above.
Additionally. Grantees shall take similar appropriate affirmative
action in support of women's business enterprises. Also,
labor
Grantees Are raged to procure goo n services
frosurplus labor areae.
S. The Grantee shall retain ultimate control and responsibility for
the work program. Subavardeea shall be bound by theme conditions
and any other requirements applicable to the recipient in the
conduct of the project if the vubawardee is a state or local
government orfederally[ecognized Indian tribal government.
(Subawa[ds to other types t£ organizations are subject to these
Federal administrative and wet principled applicable to the
subawardee organization.)
6. All subawards made by the Grantee in excess of 410,000 shall
contain suitable provisions for termination by the Grantee. In
addition, such contracts shall describe conditions under which
the subavard may Me terminated for default as well as conditions
where termination is nary because of circumstances beyond
the control of the subaverdee.
]. All subawards meet include the provisions of paragraphs M.
Na adiscrimination. M. Officials Not to Benefit. 03. Audit, and
P. ce of Pecorde. all of which are Standard Conditions
of Chia award (Purchase of supplies andstandard commercial or
maintenance service are not subject tm this provlaitn.) c
8. Contracts with one person for the sole purpose of acquiring that
per sexempt from the requirements of paragraph
7. above, except for paragraph 03. Audit.
tl. Nondiscrimination
no recipient a ouree that the program supported by the financial
assistance rill be conducLd in. compliance with Title VI of. the Civil
Rights Act of 1964 (P.L. 88-3521, as amended, (42 NBC 2000d) and the
requirements imposed by the Regulations of the Department of Commerce
(15 CFR Part 83 issued pursuant to that Title. In accordance
therewith no person in the United. States shall, on the ground of race,
colo[, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination
under any program or activity for which the recipient receives Federal
financial assistance and will immediately take any measures necessary
to effectuate this agreement. This assurance is consistent with the
executed -Assurances- of the application.
N. Officials Not to Benefit
No local elected official or individual employed by the Bute at the
time of this contract shall receive any share or part of this grant or
to any benefit that may arise therefrom.
0. Access to Records and giant to Audit
1. The Grantee and subgrantee, if any, agree that the State Planning
Office, the Comptroller General of the United States, or any of
his/her duly authorized representatives and the Secretary of
Commerce or any of hie/her duly authorized representatives shall,
until the expiration of three (3) years after completion of the
project for which this grant was made or used. have access to and
the right to examine any directly pertinent books, documents.
c
Papers, payrolls and records of the Grantee involving
transactions related to thin grant. The Grantee agrees to make
such materials available for inspection at their offices at all
reasonable tines, and the Grantee shall furnish copies thereof if
reqested. The Grantee agrees to include the substance of this
paragraph in all subgrants, contracts, and subcontracts payable
from funds in whole or in part.
2. The Grantee agrees that payment(s) made under this grant shall be
subject to reduction for amounts charged thereto which are found
n the basis of audit awamination not to constitute allowable
cost under this grant. The Grantee shall refund any check
payable to the U.S. Department of Commerce, NOW and amount of
such reduction of payments under completed or terminated grants.
The subgrantee, if any, shall make refunds, applicable to the
above, to the State Planning Office.
J. Audita shall be performed in accordance with the Bingle Audit Ant
of 1984, P.L. 98-502, as implemented by OMB Circular No. A-129,
Audits of State and Local Governments.
P, taintenance of Records
The Grantee shall establish, maintain and preserve, and require each
of its contractors and subcontractots to establish, maintain and
preserve property management, project performance, financial
management and reporting documents and systema, and such other books,
recOrfs, and other data pertinent t0 the project as the Grantor may
require. Such records shall be retained for a period of three years
following completion oe the project and receipt of final Payment by
the Grantee, or until anaudit is consisted and all questions arising
therefrom are resolved, whichever is sooner.
0. Publications
The cover or title page of all reports, studies or other documents
supported in whole or is part by this award or any aubawards, shall
acknowledge the financial assistance
eaProvided by the by tCoastal he sfffceof
oceane
Manan andtAct of 1972, as amended, Coaastal Reewire Management, National Oceanic and
Atmospheric Administration.
R. Program
m Income
Gross income earned by grant-suprotted activities financed in whole or
in part with federal grant funds shall be accounted for by the Grantee
in accordance with A-102, Attachment E.
S. Reporting Requirements -
1. The Grantee shall submit progress reports as described in H
above. In addition, a final performance report shall be
submitted within 90 days after the end of the grant period.
2. The final reporting requirements include Proof of advertising,
tabulations of bide, copies of paid Invoices or estimates, And
copies of cancelled checks (front and back). For materials
purchased this should include evidence of beat price, paid
invoices and copies of checks.
T. Patent Giants
It is not contemplated that any inventions will he made in the course
of work performed under this grant; however, in the event that a
patentable item is produced, the Grantee shall notify the Grantor and
the NOAH Grants officer immediately in accordance with A-102,
Attachment N, paragraph 84.
U. Cited at Construction Project Site
The Grantee shall cause to beerected at the site of any construction
project, and maintained during 'construction, signs satisfactory to the
State identifying the Project and indicating the fact that Maine's
Coastal Program, with funds provided by the National Oceanic A
Atmospheric Administration, is participating in the development of the
Project.
V.Statute" Requirements tru do Contracts and Subcontracts
The Grantee shall comply, and -require, each contractor or subcontractor -'
to comply, with the following federal laws and all applicable
standards, orders, or regulations issued pursuant thereto:
1. The Copeland -Anti-Kickback' Act as amended (18 UAC 874) a
supplemented in Department of Labor regulations (41 CFR Chapter
60).
2. Nondiscrimination. Title VI of the Civil Rights Act of 1964
(P.L. 86-352), as amended, (42 USC 2000d) and the requirements
imposed by the Regulations of the Department of Commerce (15 CFR
Part 8) issued pursuant to that Title. In accordance
cordance therewith
o person in the United States Shall, on the grounds of race,
color, or national origin, be excluded from Participation in, be
denied the benefits of, or be otherwise subjected to
discrimination under any program
ractivity for which the
Grantee receives federal financial assistance and will
immediately take any measures necessary to effectuate this
agreement.
3. The Flood Disaster Protection Act of 1973 (P.L. 93-234), as
mended. The Grantee will fulfill any flood insurance
requirements under this Act and any regulations leaved thereunder
by the U.S. DepartmentofHousing and Urban Development or which
may be issued by HOAR.
4. Architectural Barriers Act (P.L. 90-480), 42 USC 4151, a
ended, and the regulations issued Or to be Issued thereunder,
prescribing standards for the design and construction of any
building or facility intended to be accessible to the public or
which may result in the employment of handicapped persona
therein.
5. Rehabilitation Act of 1973, 29 USC 794, Executive Order 11914.
No otherwise qualified handicapped individual shall, solely by
reason of his/her handicap, be denied the benefits of, be
luded from participation i r be Subjected to discrimination
under any program or activity receiving federal financial
assistance.
6. Assistance and Real PrOVertv
Acquisition Policies Act of 1990 (P.L. 91-646 as amended), 15 CFR
Part 916 including a andm-,, s the[eto and regulations thereunder,
as provided by 1. M.R.S.A. 901 at seq.
7. The NatiOnal Environmental Policy Act of 1969 (P.L. 90-1901: the
6__,_ _. Historic nn
o Act of 1966 (00 Stat 915, 16 USC
470): and other go. 11593 Of Hay 31. 1971.
8. Equal Employment OpportunitylExecutive Order 11246, an amended
by Executive Order 11375, and an supplemented in Department Of
Labor regulations (41 CFR Chapter 60).
The Grantee shall ceusa he require to he inserted -in full 1n any
construction contract o subcontract for more than 910,000, or
modification thereof, Am defined in the rules and regulations Of
the Secretary of Labor at 41 CPR Chapter 60, which is paid for in
whole or In part with assistance provided under this agreement,
the attached 'Affirmative Action Requirements' (Attachment ll.
9. of ted by the MAY.
•9 der (32 F R 7439, sou cf
F b th 8 rete o 0C Lebon prior tm the
award of any construction Contract or aubcontract exceeding
810,000, the Grantee shall require the prcapective prime
contractor and each prime contractor shall require each
subcontractor to submit the following certification:
By the submission of this bid, the bidder. offeror, applicant or
subcontractor Certifies that he/she does not maintain or provide
for his/her employees any segregated facilities at any of his/her
establishments, and that he/she does net permit his/her employees
to Parfet% their services at any location, under his/her central
where .segregated facilities are maintained. Ne/she certifies
further that he/she will not maintain or provide for hie/her
employees any segregated facilities at any of his/her
establishments, and that he/she will not permit hie/her employees
to perform their services at any location, under hie/her control,
where segregated facilities are maintained. The bidder, offeror,
applicant or subcontractor agrees that a breach of this
certification is a violation of the Equal Opportunity clause In
this contract. As used in this certification, Mem work
s eat
aagresgrregated Eacilitles' means any waiting roman, v , r
and wash C restaurants and other eating areas, time
clocks, locker rCo and other storage or dressing are", parking
lata, drinking fountains, recreation o entertainment areae,
transportation, and housing facilities provided for employees
which are segregated by explicit directive or are in fact
segregated on the basis of race sed, color or national origin,
because of habit, local suets%, Or otherwise. Wahe further
agrees that (except where he/she has obtained identical
certifications fres proposed subcontractorm for specific time
periods) he/she will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts
exceeding $10,000 which are not exempt from the provisions of the
Equal Opportunity clause: that he/she will retain such
Certifications in his/her files: and that he/she will forward the
following notice to such proposed subcontractors (except where
the proposed subcontractors have submitted identical
certifications for specific time periods):
NOTICE TO PROSPECTIVE SUECOMTRACTORS OF REQUIREMENT FOR
CERTIFICATIONS' F NONSEGREGATED FACILITIES
A Certification Of Nonsegregated Facilities, as required. by the
May 9. 1967, Order (32 F.R. 7439, May 19, 1967) on Elimination of
Segregated Facilities, by the Secretary of Labor, must be
submitted prior to the award of a subcontract exceeding $10,000
which is notexempt from the provisions of the Equal Opportunity
clause. The Certification nay be submitted either for each
subcontract or for all subcontracts during a period (i.e.,
quarterly, semiannually, or ually).
NOTE
The penalty for making Calms. statements in offers is prescribed
In 18 U.S.C. 1001.
10. Me Clean Air Act, as amendedi, 42 USC 1957 Or see
the Federal Water Pollution Control Act, as
mended,
33 USC 1251 at a and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as
amended from time to tine.
In compliance with said regulations, the Grantee shall cause or
require t0 be inserted In Cull in all contracts,- subcontracts, and
aubawardn in excess of $100.000 funded with assistance provided under
this Agreement, the fallowing requirements:
(a) A stipulation by the contractor or subcontractor that any
facility to be utillred In the performance Of any contract o
subcontract Is not listed on the List of Violating Facilities
issued by the Environmental Protection Agency (EPA) pursuant to
40 CFR 15.20.
(b) Agreement by the contractor to comply with all the requirements
of section 114 of the Clean Air Act, as amended, (42 NEC 1857 at
seq.) and auction 308 of the Federal Water Pollution Control Act,
as vended. 133 USC 1318) relating to inspection, monitoring,
entry reports, and informaticn, as s
well a all Other requirements
specified in said section 114 andsection308, and all
regulations and guidelines issued thereunder.
(c) A stipulation that as a condition for the award Of the contract
prompt notice will he given of any notification received from the
Director, Office of Federal Activities, FPA, indicating that a
facility utilized or to be utilized for the contract is under
consideration to be listed on the EPA list of Violating
Facilities.
(d) Agreement by the contractor that he/she will include or cause to
be included the criteria and requirements in Paragraphs (a)
through (d) of this section in eery nnempt subcontract and
requiring that the contractor will take such action as the
Government may direct as a means of enforcing such provisions.
In no event shall any amount of this asistance pravided under
this Agreement be utilized with respect to a facility which has
given rise to a conviction under section 113(c)(1) of the Clean ^
Air Act or section 309(c) of the Federal Mater Pollution Control '
Act.
11, The Industrial F l Use Act of 1978 (92 Stat.
3310 P.L. 95-620) relating to the conservation of petroleum mad
natural gas. The recipient shall comply with the requiramenya of
the American Society of Heating, Refrigerating, and Air -
Conditioning Engineers Standard 9045, '6nergy Conservation in
New Building Design'.
12. Flood Plain Management, Executive ore *11988, Protection of
wetian Execut ve Order 011990 issued Mev 24 1977. The HOAR
Directive Manual dated 11/10/79 established the policies and
procedures for implementing these two Executive Orders.
ATTACHMENT 1
(Municipal Billhead or Letterhead)
DATA SWEET
Construction Costs
Purchases and Contract- -
Oats
Check
Work
Paid
Vendor
Item
Amount
Number
Element
5/10/81.
Stone Company
Gravel
02,570.45
4990
Road
6/1/81
Nurseries
shrubs
300.00
6020
Landscaping
6/5/81
Plumbing Company
Pipe
136.73
6045
Water System
6/10/81
Building Supply Co.
Cement
- 49.50
6060
Picnic Shelter
6/14/81
Lumber Company
Tables
300.00
5040
Picnic Tablas
6/16/81
Lumber Company
Lumber
298.00
5045
Group Shelter
6/20/81
Plumbing Company
Pipe
136.73
6045
Nater System
6/25/61
Building Supply Corp
Cement
49.50
6060
Picnic Shelter
6/30/81
Plumbing Supply Co.
Sinks
1,000.00
7000
Comfort Station
TOTAL CONSTRUCTION COST $4,040.91
RIDER C
Maine State Planning Office
Coastal Program Waterfront Action Grant
STANDARD TERMS AND CONDITIONS
Table of Contents
Pace
A.
Definitions ..........................:...........................1
B.
General Provfaisv...............................................1
C.
Use of Grant Funds...............................................3
D.
Procurement Standards............................................3
E.
Final Plane and Specification...................................3
F.
Construction Contract Awards.....................................3
G.
Banding and Insurance............................................4
N.
Payment of Funds.................................................5
1.
Allowable Coate.........................................'.........5
J.
Grantee Financial Management System...............................5
K.
Suspension or Termination of Grant ........ 4.4 ..............4....66
L.
Other Third Party Participation..................................6
M.
Nondiscrimination................................................8
N.
Officials Not to Benefit.........................................B
0.
Access to Records and Right to Audit .........................'....8
P.
Maintenance of Records ...........................................
9 -
0.
Publications.....................................................9
R.
Program Income...:...............................................9
S.
Reporting Requirements...........................................9
T.
Patent Rights....................................................9
U.
Signe at Construction project Site,...........................10
V.
Statutory Requirements for Construction Contracts 6
Subcontrecte....................................................10
Attachment 1. Data Sheet: Construction Costs, Purchases,
andContract .....................................4.......4.......14
Attachment
2. Construction Contractors Affirmative Action
Requirements.....................................................15