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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.