HomeMy WebLinkAbout1982-12-27 83-53 ORDER83-53
Introduced by Councilor Soucy, December 27, 1982
CITY OF BANGOR
(TITLE) (DTilErr, _._Authorizing City Manager to Enter into Contract With
Maine State Planning Offic1.e for Coastal Zone Management Grant
By the City emend Oftka Cit Ofbamm r..
ORDERED,
THAT WHEREAS, the City Council authorized the City Manager to
apply to the Maine State Planning Office for Coastal Zone Planning funds
for planning and design of the Kenduskeag Plaza Axes (under C.O. $
82-184) and the Maine State Planning Office approved the City's applica-
tion for such funds.
WOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY
OF BANGOR THAT the City Manager be authorized to receive and dispense
such Coastal Zone Management funds and to enter into such contractural
agreements with the Maine State planning Office as is necessary, to carry
out this funded project.
STATEMENT OF PACT: The State Planning. Office has awarded the
City $6,500. of Coastal Zone Management
planning. monies to fund design of the
Kenduakeag Plaza area. The City must
enter into a contract (Attached to this
Order) with the State Planning. Office to
carry out this project.
In City Ceunoil December 27,1982
Pieced
CLRy
Clem
0 R D3E R W1 IYoj !S'.ih
Title,
CIiY 0.
Authorizing City )oemger to enter
......................................
into Coutraot with Maine Stale Planning
................. I ...... ..............
Office for Coastal Zone Management Grant
W filed by
�...... Councilman
83-53
STATE OF MAINE
Standard Form For Federal Sub -Contracts
on "Pass-through" Programs
1. Appropriation Number 3024-1008-6401 4. Contract Number
2. Dollar Amount- $6,5500.00 5. Encumbrance Number__
3. Termination Date December 31, 1983 6. Date Received
THIS AGREEMENT, made this 1st day of November, 1982, 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 as _
2. A partnership.
_X 3. A municipal corporation.
_ 4. Other.
The principal office of the Contractor is located at Ci1�Ha11,
The Employer identification number of the Contractor is01-6000020 .
WITNESSETH: That for and in consideration of the paymentsand
agreements hereinafter mentioned, to be made and performed by the
Department, the Contractor hereby agrees with the Department to furnish
all qualified personnel, facilities, materials and services and in
consultation with the Department, perform the services, study or project
described in Rider A. The following Riders are hereby incorporated into
this contract by reference:
Rider A - Specifications of Work to be Performed
Rider D - Payment and Other Provisions
IN WITNESS WHEREOF, the Department and the Contractor, by their
representatives duly authorized, have executed this agreement in
triplicate originals as of the day and year first above written.
MAINE STATE PLANNING OFFICE
This standard contract is to by:
facilitate subcontracting/ Niclmard E. Barringer, Director
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 .CONTRACTOR ty Dor
is on file with the Contract
Review Committee. by:
RIDER A
Specifications of Work to be Performed
The City of Bangor contracts with the State Planning Office to undertake:
Redesign of the Kenduskeag Plaza Area.
A - Project Description
The City of Bangor has just completed two major studies which deal in
whole or in part with the urban waterfront areas of the City. One of these is
the Urban Waterfront Final Reuse Plan for Bangor and Hampden and the other is
a Bangor Downtown Development Plan prepared by The American City Corporation.
Both of these plans make strong statements about the importance of the
Kenduskeag Stream and the Penobscot River in the re -use and revitalization of
the downtown and waterfront areas.
This project will redesign the Kenduskeag Plaza area, which is presently a
large paved area along the Kenduskeag now used for parking and
-'rculationly, and will evaluate the inclusion of a regulating dam on the
stress in tis area as proposed in the American City Corporation plan to
prevent exposing intertidal area at low title.
The goals of this project are to further the downtown revitalization
activity and to make mare effective use of the area in the Kenduskeag Plaza
along this section of Kenduskeag Stream. Included in the goal is the
protection of the stream environment by installing a park -like area along its
banks through this section of the downtown instead of a totally paved parking
lot. This project will result in making available access to the banks of the
Kenduskeag Stream in an area which is presently less accessible due to the
extensive paving and automobile traffic. Finally, this design project will
integrate this area into the overall downtown revitalization plan and the
urban waterfront redevelopment plan.
The specific objectives of the project are:
I. To develop a site plan and landscaping plan of the approximately 1,000 ft. long
area on each side of the Kenduskeag Stream which redesigns the Kenduskeag
Plaza area to allow for planting and pedestrian use areas along the two
sides of the stream.
2. To examine the feasibility of, and develop a schematic plan for, a dam
to create a holding pool at low tide in the plaza area of the Kenduskeag
Stream.
3. To initiate implementation activity for the plan through review and
endorsement by the Bangor Center Corporation (the downtown r vitalization
committee) and City Planning Board and City Council (througeh its Community
Development Committee).
The major portion of the work - the design activity - will be
subcontracted. The City's Planning and Engineering Staff will provide basic
data and some technical assistance to the consultant and the Planning office
will oversee and coordinate the activity between the various review functions
and groups as well as providing a report on the results of the design project.
The City's Planning Board and the Bangor Center Corporation Planning and
Design Subcommittee will all review this project. Me City Council
Community Development Cotmnittee will give final approval to the
Pro t1 act.
Producis to result from the project are:
n length
- A site plan for approximately LOCA feet/on both sides of Kenduekeag
Stream, redesigning the Kenduskeag Plaza.
- A feasibility study and preliminary plan for a dam to create a
holding pool at low tide in the plaza area of the Kenduskeag,
including an environmental impact assessment.'
- A City Planning Office report on review coordination and the
initiation of implementation activity involving the Bangor Center
Corporation, the City Planning Board and the City Council.
B - Work Program
December 1982 -
- The Project Manager and Bangor City Council Community Development
Committee review and approve this contract and return
it to the SPO along with the first bill.
- The City of Bangor negotiates a subcontract with a
consultant for the redesign: work. The subcontract shall be sent to
the SPO for review and approval prior to Signing. Approval is
automatic if the Project Manager is not notified within 5 working
days of receipt.
January - March 1983
tttleStaff and
Council
rCommunity
DeveloAmenCommitee torceivedrectionfromthe
City.
The consultant pregarns a preliminary draft plaza site plan. and
holding pool feasibility study and submits them to the City for
review. The Project Manager sends copies of the preliminary drafts
to SPO for review. City
The consultant meets with the/ to discuss the review Comments.
April June 1983
- The consultant revises preliminary drafts per comments, and submits
them to the City.
- Project Manager sends copies of revised drafts to SPD for review
along with Second bill.
Project Manager
/ presents draft plaza site Plan and holding pool feasibility study
to Citi' Planning Board and BCC Planning and Design Committee.
City holds public hearing on the draft studies to obtain
public comment.
Jul- August 1983
Consultant rev SeS draft reports per comments, submits final plaza
site plan report and holding pool feasibility report to City.
The Council Community Development Committee submits the two
final reports to the City Council for action.
The Project Manager sends copies of toe two draft final reports to
the SPO for review along with third bill.
September 1983
- The City Council holds a public hearing on the two studies and takes
appropriate action.
- Project Manager prepares a report on implementation ctivity and
submits 4 copies along with,4 copies of the two final reports to the
SPO.
C=Project Budget -
Staff $ 1,300
Contractual 5,000 (Includes printing 5 copies of final products.)
Other 200
Total $76,560
0 _Prolect M_ ager
John M. Lord, Planning Offices Tel. 947-9341 Ext_ 205
73 Harlow Street
Bangor, Maine 04101
E - Progress RRe its and Payments
The State Planning Office will pay the City of Bangor for this project upon
receipt of the appropriate bills and satisfactory evidence of work completed
according to the schedule below.
Product ane nt Schedule
Completed contract and _
subcontract and first
payment request $2,000 December 1982
Preliminary draft plaza
site plan and holding pool
feasibility study; second
payment request $2,000 March 1983
Product Payment Schedule
Final drafts of the two
reports; third payment
request $2,000 dune 1983
Final plaza report and
pool feasibility report.
Implementation activity
report; expense summary
and final payment request 1500 September 1983
F - Work Products -
The products to be delivered to the State Planning Office are:
a) One copy of draft and four copies of final reports, ordinances,
newsletters, surveys, or other documents as they are developed.
In the case of maps, two color slides or two paper prints of
each map shall be provided.
Ill If not wholly covered in (a) a complete description of the work
performed for the completion of the project as specified in
section A.
Originals shall remain the property of the community.
G - Responsibilities of Project Manager
The project manager will be responsible for making sure that the terms of
this agreement have been met. This individual will manage the project
which will involve but not be limited to: writing progressreports,
submitting bilis and copies of work products, supervising consultants and
serving as contact with the State Planning Office.
H Butl tar Polic :es to beAdhered To
Any funds not spent during the grant period shall 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.
- No elected official of the town may receive financial benefits
as a result of this grant.
- Copies of annual town audit reports covering the coastal grant
period may be requested by the State Planning Office if needed.
Mileage costs 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 community and the State, Shall be subject to the same
gereral terms, conditions, and covenants and shall be reviewed
by the SPO prior to signature.
When subcontracting with private consulting services for over
$600, the community must request three or more proposals or
advertise the project for three consecutive days in a daily
paper unless prior approval is obtained from the State Planning
Office for a sole -source subcontract. Sole. -Source arrangements
may be entered into only in cases when sper.iali2ed knowledge or
equipment is necessary.
1 - Project Credits
All final maps, newsletters and reports shall indicate the coamunity(s)
sponsoring the project and consultant(s) involved. They shall also
contain the fallowing statement:
"Financial assistance for preparation of this document was provided
by a grant from MAINE'S COASTAL PROGRAM, through funding provided by
U.S. Department of Commerce, Office of Coastal Zone Management, under
the Coastal Zone Management Act of 1972, as amended."
J - Federal Grant Conditions
In carrying out the provisions of this contract, the grantee shall
conform to the following conditions which the federal Office. of Coastal
Zone Management has attached to the State Coastal Program Grant Award:
- Any project involving the study or development of boating
facilities such as a marina, must determine the feasibility of
providing boat rental facilities and include the determination
in the study report.
- No project shall include final implementation design or
construction activities (except in the case of an approved
Preservation/Restoration project).
- All feasibility studies shall. include an assessment of the
impact of the project on the environment.
RIDER D
PAYMENT AND OTHER PROVISIONS
1. CONTRACT SUM. The Department shall pay the Contractor for the performance
of the contract in current funds the sum of 'Six Thousand Five Hundred
($6,500.00). Progress payments on account of the contract shall be made
according,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 an the
Request for Payment forms provided by the Department.
3. BENEFITS ANO DEDUCTIONS. The Contractor understands and agrees that he is
an Independent Contractor for wham no Federal or State Income Tax will be
deducted by the Department, and for whwo 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.
5. CONTRACT AOMINISI'11ATOR. All invoices, progress reports, correspondence,
and related submissions from the Contractor shall he directed to:
Nene: Harold E. Kimball
rect Admini
Title: Contstrator
Address State Plano f-nn�imi130
184 State Street
_ Aulko as Maine. G4333—
who is designated as the Contract Administrator on behalf of the
Department for this Contract.
6. DEPARTMENT'S REPRESENTATIVE. The Contract Administrator shall be 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.
1. PERIOD OF PERFORMANCE. The Contractor shall:
A. Work when called by the Department.
— A.
Use due diligence to complete the work within a reasonable
time.
XX C. Complete the work no later than December 31_, 1983
— C.
If the work is not completed by
Contractor shall pay Department as toTTows---_.
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.
10. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract,
the Contractor agrees as follows:
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 regard to their race, color, religion, sex, age
or national origin. Such action shall include but not he limited to
the following: 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 provisions of this
nondiscrimination clause.
D. 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, calor, religion,
creed, sex, national origin, ancestry, age, or physical handicap.
C. The Contractor will Send t0 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 committment under this
section and shall post copies of the notice in conspicuous places
available to employees and to applicants for employment.
it 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 standard commercial supplies or raw materials. The Contractor,
or any sub -contractor holding a contract directly under the
Contractor, shall, to the maximum feasible, list all suitable
employment openings 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 from 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 such listings.
e. Each contractor or subgrantee shall have an affirmative action plan
which declares that it does not discriminate on the basis of race,
calor, 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. 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 on a full-time, part-time or other basis during the
period of this agreenent any retired employee of the Department who has
of been retired for at least one year, without the written consent of the
Contract Review Committee.
12. STATE EMPLOYEES NOT TO BENEFIT- No 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 any benefit that may
arise therefrom directly or indirectly due to his employment by or
financial interest in the Contractor or any affiliate of the Contractor.
This provision shall not be construed to extend to this contract if made
with a corporation for its general. benefit.
13. WARRANTY. The Contractor warrarts 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,
r agreed to pay any company or person, other than a bonaf ide employee
working solely for the Contractor any fee, commission, percentage,
brokerage fee, gifts or any other consideration, contingent 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.
14. ACCESS TO RECORDS. The Contractor shall maintain all books, documents,
payrolls, papers, accounting records and other evidence pertaining to cost
incurred under this agreement and to 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.
15. TERMINATION. The performance of work under the Contract may be terminated
by the Department in whale, or from time to time, in part whenever for any
reason the Contract Administrator shall determine that such termination is
n 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 which 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 December 31 1983. -
16. 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 not -to -exceed,
cost -incurred, non-profit basis only.
17. INTERPRETATION AND PERFORMANCE. This agreement shall be governed by the
laws of the State of Maine as to interpretation and performance.
18. 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,
Colon n tractors, materiaLren, 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 Cnotractor 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.
19. This contract is subject to the encumbrance of funds by the State
Controller.
20. 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.