HomeMy WebLinkAbout1983-09-12 83-318 ORDER83-318
Introduced by Councilor Soucy, September 12, 1983
CITY OF BANGOR
(fjMj nvl'DfT, Authoryzing City Manager, to Sign Contract for Coastal -
Program Cmant,Pumde - Crulee Heat Berthing, Facilities
By tU City Cruant of City ofBaayor:
ORDERED, ..
THAT the City Manager, acting for and on behalf of the
Municipal Officers, be and hereby is authorized to sign the
attached Contract for Coastal Program Grant Funds for the
preliminary planning of cruise boat berthing facilities an
the Penobscot River, adjacent to the Waterfront Perk.
STATFFEM OF FACT:
Grant funds in the amount of $5,000.00 have been offered
to the City by the State Planning Office to permit the prepara-
tion of preliminary Plane and Coat Estimates for the construction
of a bulkhead adjacent to the Waterfront Park, to be used by
cruise boats and other larger boats for docking.
In City Connoil September 12+1983
Passed -
6
Cz y Clex +
83-318
0R DSR
Tit}e.'I
Anthorizing City Benog�a tO Sign Contxaot I -
f C ental P Gr Grant Funds Cavite BoaCI
p t CITY
.: BertLisi4tFaoili119s................. .
'Intxoauxea a fi
by
+ g
N
STATE OF MAINE
Standard Form for Federal Sub -Contracts
on "Pass-through" Programs
1. Appropriation Number 3024-1008 4. Contract Number
2. Dollar Amount $5,000 5. Encumbrance Number
3. Termination Date De *abxnr 31, 1983 6. Date Received
THIS AGREEMENT, made this ist day of August, 1983, by and between
of Maine, Department of Executive, State Planning Office, hereinafter
"Department" and the City of Bangor, hereinafter called "Contractor".
The type of organization of the Contractor is:
1. An individual doing business as
2. A partnership.
3. A mune iclpel corporation.
The principal office of the Contractor is located at
The Employer identification number of the Contractor is
NITNESSETH: That for and in consideration of the payments and agreemem
hereinafter mentioned, to be made and performed by the Department, the
Contractor hereby agrees with the Department to furnish all qualified perw
facilities, materials and services Rd 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 Werk to be Performed
Rider B - Payment and Other Provisions
IN NITNESS NNENROF, 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.
This standard contract is tc
facilitate subcontracting/
subgranting of certain Federal
funds fr,am the State, forthe
public henefit; it has been
reviewed and approved as to
from by the Attorney General.
and is on file with the
Contract Review Committee.
MAINE STATE PLANNING OFFICE
by:
Richard E. Barringer, Director
CONTRACTOR - City of Bangor
by:
RIDER A
Specifications of Work to be Performed
The City of Bangor contractswiththe State Planning Office to undertake
planning for a Cruise Boat Berthing Facility.
A.
Prosect Description
Bangor has constructed and committed substantial waterfront improvements L
recent months including a Waterfront Park and an emergency boat launch raNl
both in the vicinity of the Chandurlain Bridge. This section of the
waterfront provides a vital link in the restoration of the City's
waterfront.. This site, with approximately 150 feet of shoreline, will mak,
space to tie up cruise boats and other large craft Mich visit Bangor.
The project will be managed by the City Engineer. A consultant will be
hired to prepare preliminary plans and cost estimates for a bulkhead to be
constructed in the area located between the launch ramp end the Waterfront
Park. The product of the project will be a report covering the following
topics:
A. Site analysis of the shoreland and of the berthing space, including
required approach and turning channels in the river. The site
analysis x111 include test borings, as necessary.
B. Preliminary plane and cost estimates for a constructing a bulkhead am
berthing area with necessary dredging for berthing approach and
turning channels.
C. An Environmental Assessment to identify potential environmental
impacts and all construction permits required.
The consultant subcontract shall be sent to the State Planning Office for
review and approval prior to signing. If comment is not received from the
SPO within seven calendar days, the subcontract is automatically approved.
All project work will be reviewed by the City Engineer, the Community
Development Committee Of the City Council, the local Planning Board and tb
results will be presented at a Public hearing. -
B. Work Program
AUGUST, 1983
City Council and City Manager review and aprove this contract and return
to the State Planing Office with the first bill.
SEPTFTIBER, 1983
The City Engineer seeks proposals or advertises for bids and negotiates
subcontract for preparing the project reports, and sands the subcontract
the State Planning Office for approve prior to signing.
Consultant meets with City Engineer and City Council Community Development
Committee to receive guidance.
Consultant conducts the site analysis and prepares preliminary draft plans
and cost estimates for review by the City Engineer and City Council
Community Developmnt Crnmittee and submits them to the City p gineer and
City Council Cmnmity Development. Committee for review.
City Engineer sends a copy of the site analysis and preliminary draft plene
and cost estimates to the State Planning Office for review along with the
second bill.
OCTOBER, 1983
- Consultant, revises the preliminary draft plans per comments and prepares
the Site Analysis Report, the Bulkhead Preliminary Plans, and the
Environmental Assessment Report.
- The City Engineer and City Council Community Developnent Committee hold a
public hearing on the report.
- The City Engineer sends a copy of the Site Analysis Report, Preliminary
Bulkhead Design and Cost Estimates and Environmental Assessment Reports to
the NO for review along with the third bill.
NOVEMBER, 1983
- The Consultant finalizes the Site, Bulkhead, and Environmental Assessment
Reports per Currants from the public hearing and City Co it Community
Development Committee.
- The City Engineer sends 4 copies of the final reports, an expense
statement, and final bill to the State Planning Office.
C. Project Budget
Staff $ 0
Consultant:
Engineering $ 41000
Borings $ 1,c00
Other
5,000
D. Proiect Manager
John T. Frawley, City Engineer
City Nall
73 Harlow Street
Bangor, Maine 04401 Tel: 947-9341
E. Schedule and Products and Payments
lhe'State Planning Office will pay the City of Bangor for this project u
receipt of the appropriate bills and satisfactory evidence of work
completed according to the schedule below.
Submittal
Product Payment Data
Approved contract and
$ 1,000
August, 1983
first bill.
Preliminary Site Report and
g 2,000
September, 1983
Bulkhead Design, and
second bill.
Revised Site Report, Balkhead
$ 1,OOe
- October, 1983
Design, Environmental
Assessment, and third bill.
Final Reports, results of
$ 1,000
November, 1983
Public hearing, expense
statement and final bill.
F. 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 progress reports,
submitting bills and copies of work products, supervising consultants and
serving as contact with the State Planning Office.
G. Budgetary Policies to be Adhered To
- My 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 tots 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 general terms,
conditions, and covenants and shall be reviewed by the SPO prior to
signature.
Wren 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 ora sole -source
subcontract. Sole -source arrangements may be entered Into only in
cases when specialized knowledge or equipment is necessary.
H. Project Credits
All final maps, newsletters and reports shall indicate the am
sponsoring the project and consultant(s) involved. They shall
the following 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
Concerns, Office of Coastal Zone Management, under the
Coastal Zone Management Act of 19720 as amended."
I. Federal Grant Conditions
In carrying out the provisions of this contract, the grantee shall conform
W 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, moat determine the feasibility of providing boat
rental facilities as include the determination in the study report.
No project shall include final implementation design or construction
activities (except Zn the ease oP improved Preservation/Restoratia
project). I-
All feasibility studies shall include an assessment of the impact of
the project on the environment.
RIDER B
Payment and Other Provisions
1. CONTRACT SUM. The Department shall pay the Contractor for the performance
Of the contract in current funds the sun of Five Thousand Dollars ($5,000)
Progress payments on account of the contract shall be male 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 on the
Request for Payment fora provided by the Department.
3. BENEFITS AND 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 wa m no retirement benefits, survivor
benefit insurance, group life insurance, vacation end sick leave, and
similar benefits available to State employees will accrue. The Cgntractur
further understands that annual information Returns as required by Me
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 Mach returns will he furnished to the
Contractor for his Inose Tax records.
V. INDEPENDENT CAPACITY. The Parties hereto agree that the Contractor, and
any agents and employees of the Contractor, in the perforance of this
agreement, shall act in an independent capacity end not as officers or
enpbuyees or agents of the State.
5. CONTRACT ADMINISTRATOR. All invoices, progress reports, correspondence,
and related submissions from the Contractor shall be directed to:
who is designated as the Contract Administrator on behalf of the Departmen
for this Contract.
6. DEPARTMENT'S REPRESENTATNE. The Contract Administrator shall be the
Department's representative during the period of this agreement. He or an
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 arounts 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.
7. PERIOD OF PERFORMANCE. The Contractor shall:
A. Work ohm called by the Department.
B. Use due diligence to cosplete the work within a reasonable time.
X_ C. Cosplete the work no later than pecsmb¢ 31. 1983 .
_ D. If the work is not canpleted by
Contractor shall pay Depar1nnent as foss fo—lbws
8. SIIgCONTRACfB. Subcontracts shall be a de consistent with State Regulatlmy
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 kheinistratnr, except to a
bank. No subcontracts or transfer of agreement shall in any case release
the Contractor of his liability under this agreement.
10. EWAI. EMPLOYMENT OPPORTUNITY. Oaring the performance of this contract, the
Contractor agrees as follows: \
a. Ins Contractor will not discriminate against any employee or applicant
for seployn nt relating W this agreement because of race, color,
religion, creed, sex, national origin, ancestry, age or physical
handicap, unless related W a bonafide occupational qualification.
The Contractor will take affirmative action to insure that applicants
are deployed and employees are treated during esployment, without
regard W their race, color, religion, sex, age or national origin.
Such action shall include but not be limited to the following:
enployment, upgrading, devotions, or transfers; recruitment or
recruitment advertising; layoffs or terainations; rates of pay or
other forms of compensation; and selection for training including
apprenticeship. The Contractor agrees W post in conspicuous places,
available to avployees and applicants for avployment, notices setting
forth the provisions of this nondiscriaination clause.
b. Tne Contractor will, in all solicitations Or advertising for coployee:
placed by or on behalf of the Contractor relating W 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.
o. The Contractor will send to each labor union or representative of the
workers with which he has a collective or bargaining agreement, o
other contract Or understanding whereby he is furnished with labor foi
the performance of this contract, a ratios, to be provided by the
contracting department or agency, advising the said labor union or,
workers' representative of the Contractor's comnmitment under this
section and shall post copies of the notice In conspicuous places
available to anployees and W applicants for evployewat.
12.
13.
d. The Contractor will cause the foregoing provisions to be insertedn
m,
any subcontracts .for y work covered by this agreent so that such
Mall all be binding upon each subcontractor, provided that e
a
foregoing Provisions Mall not apply to contracts or subcontracts for
standard cunmercial supplies or raw materials. The Contractor, ory
sub -contractor holding a contract directly under the Contractor, a�
Mall, to the maximus feasible, list all suitable employment openings
With the Naine Exployment Security Commission. 'Brew Provisions shall
not apply to m:ployment openings which the Contractor, or any
sub nd
-contractor holding a contract uer the Contractor, proposes W
fill hem within its own organization. Listing of such openings with
the Flnployamnt Service Division of the Maine Employment Security
COMission shall involve only the normal obligations which attach to
such listings.
e. Each contractor or subgrantee shall have an affirsative action plan
which declares that it does rpt discriminate on the basis of race,
color, religion, creed, national origin, sex, and age and which
Specifies goals and target dates to assure the Lnphentation of that
Plan. The grantee shall establish procedures to assure caepliance
with this require:rent by contractors or subgrantees and to assure the
suspected or reported violations are promptly investigated.
EbPLOYM T 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 may time durir
Me period of this agreenent in the employ of any State Dapurtment 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 VOJect on a full-time, part-time or other basis during the
period of this agreement any retired employee of the Deportment Nur has nc
been retired for at least one year, without the written consent of the
Contract Review Cenmittee.
STATE EgP1.0YEES gOT YD -BENEFIT. No individual employad by the State at th
time this contract is executed or any time thereafter shall he admitted to
any share or part of this contract or to any benefit that may arise
therefren directly or indirectly due to his employment by w financial
interest in the Contractor or any affiliate or the Contractor. This
Provision shall rot be construed to extend to this contract if made with a
corporation for its general benefit.
NARRANIY. 'bre Contractor warrants that it has not employed or written any
canpany or person, other than a bonafide emloyee working solely for the
Contractor to solicit or secure this agreeaent, and that it has rpt paid,
or agreed to pay any company or person, other than a bonafide employee
working solely for the Contractor any fee, conoission, percentage,
brokerage fee, gifts or any other consideration, contige:t 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 agreenent without liability or, in its discretion, to deduct hon the
contract price or consideration, or otherwise recover the full amamt of
such fee, commission, percentage, brokerage fee, gifts, or contingent fee.
14. ACCESS TO RECORDS. The Contractor shall maintain all books, dopmments,
payrolls, papers, accounting records and other evidence pertaining W cost
incurred under this agrement and make such materials available at their
offices at all reasonable time during me period of this agreement and f
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 W a specific grant progrm
for the purpose of making audit examination, excerpts, and
transcriptions.
15. TERMINATIOM. She performance of work oder 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 beat interest of the Department. My such termination Mal he
effected by delivery to the Contractor of a Notice of Termination
specifying the extent W which performance of the work under the contract
is terminated and the date on which such termination becomes effective.
The contract shall be equitably adjfusted 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 add represents that al
governmental ordinances, laws and regulations shall be complied with'.
a. Omtracts son subgrants of amunts in excess of $100,000 shall conte'
a provision which requires the recipient W agree to comply with all
applicable staWards, orders or regulations issued pursuant W the
(leen Air Act of 1970. Violations shall be reported W the Regional
Office of the Envirorumental Protection Agency.
b. All contracts and subgrants with governmental and ma-profit agencies
Mail include provisions for payment on a rwti-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 W indemnify, defend end save
harmless the State, its officers, agents and employees from any ed all
claims and losses accruing or resulting W any and all contractors,
subcontractors, materialmen, 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 W any person, firm or corporation
who may be injured or damaged by the Contractor in the perf0msnce 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 my
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. frau aWi
exceptions or for any other reason, and all snob obligations shall be
assumed by the contractor.
19. This contract is subject to the encmnbrance of funds by the State
Controller.
W. ENTIRE AGREEMENT. This contract contains the entire agreement of the
parties, and neither party shall be bound by any statenent or
representation not contained herein.