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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