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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.