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HomeMy WebLinkAbout1981-03-09 81-114 ORDER81-114 Introduced by Councilor MCRernan, march 9, 1981 CITY OF BANGOR (TITLE.) @TDtr .Author„ 1 g,_City Manager to enter tnto.. Contracts With the Maine State Planning Office order the Coastal Some Management Program. By HIS Gtr Cauaoa of the 04 OfBanpor. Dj:10MMN'17 TEAT WHEREAS, the Maine State Planning Office has approved proposals from the City of Bangor for funding of the second, phase of the Joint Bangor and Hampden Urban Waterfront Study and the implementa- tion of the Joint Marina Project and for funding of Design work for waterfront sites in Bangor. NOW THEREFORE, BE IT ORDERED BY THE CITY COINCIL OF THE CITY OF BANGOR THATtheCity Manager be authorized to enter into contracts (2) with the Maine State Planning Office in order to receive funds from the Coastal Zone Management Program to carry out said studies. A'copy of each of the two Contracts is on file in the City Clerk's Office. STATEMENT OF FACT: The Maine State Planning Office has awarded the a= of.$20,000 to the City of Bangor and the Town of Hampden under the CZM Program to conduct the Joint Urban Waterfront Study and the Marina Implementation Project. The Maine State Planning Office has awarded the City of Bangor the Sum of $4,920 for the Bangor Waterfront Site Design Project. Most of the work under [h¢. Joint Hampden and Bangor studies will be carried out by .Anderson -Nichols, Inc. the consultant for last year's work on these projects. Engineering and Planning Department personnel will do most of the site design project work. in Rity Ocun ail March 9.1981 Passed City ark o J�Elj4k Title, Authorising City Manager to enter into Contracts with the Maine State ........ 4 ............................ Plewhiag Office under the Coastal Zone Introduced and.. filed by P og IaLl1.SX.n1L.-. Counci aan Colmcilman 0 h;fl -8 ?I 35) k[b{ tiAa-ry CI OILY CIERM STATE OF MAINE 81_114 Standard Form For Federal AR -Contracts an 'Pass-tM'woh" Programs 1. Appropriation Number 3024-1008-6401 4. Contract Number 2. Duller Amount $20.000 5. Encumbrance Number 3. Termination Date March 31, 3902 6. Date Received THIS AGREEMENT, merle this let day of October, 1980, by and between the State of Maine, Department of Executive, State Planninq Office, hereinafter called "Department' and City of Bangor and Town of Hampden, bereinafter 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. O e The principal office of the Contractor is located at City Hall 73 Harlow Street, Bangor Maine 05401 The Employer identification number of the Contractor is WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Department, the Contractor hereby agrees with the Oepartment 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 0 - 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 facillate subcontracting/ subgranting of certain Federal funds from the State, for the public benefit: it has been reviewed and approved asto form by the Attorney General and is an filewiththe Contract Review Committee. CONTRACTOR - City of Bangor by: Town of Hamden 81-114 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 b 4,920 5. Encumbrance Number 3. Termination Date March 31, 1982 6. Date Received THIS AGREEMENT, made this 1st day of February, 1981, by and between the State of Maine, Department of Executive, State Planning Office, hereinafter called 'Department -1 and City of Bangor, hereinafter called "Contractor". The type of organization of theContractor is: _ 1. An individual doing business as 2. -R partnership. X% 3. A municipal corporation. 4. at eF T The principal office of the Contractor is located at City Hall 73 Harlow Street Bangor, Maine 04401 The Employer identification number of the Contractor is WITNESSETH: That far and in consideration of the payments and. agreements hereinafter mentioned, to be made and performed by the Department, the Contractor hereby agrees with the Department to furnish 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 B - Payment and Other Provisions IN WITNESS WT£REOF, 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: faciliate subcontracting/ Charles Lawton, Acting 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 end CONTRACTOR - City of Bangor is an file with the Contract Review Committee. by: .r RIDER A Specifications of Work to be Performed The City of Bangor contracts with the State Planning Office to undertake: Site Design Work for Three Waterfront Sites A - Project Description The City of Bangor, as part of a joint study with the Town of Hampden, is undertaking an Urban Waterfront Re -Use Study which will lead to a plan for the future redevelopment Of this area. As part of that activity there have been a number Of sites identified which have potential for recreation, open space, Or public access to the Kenduskeaq Stream or Penobscot River. The purpose of this project is to provide specific designs Including landscape plans for three sites in the area around the confluence Of the Kenduskeeq Stream and the Penobscot River where such improvements would have a maximum impact on the City's downtown and on the approaches t0 the City Ran the two Penobscot River bridges_ These sites include the public docking site, the public small boat access site and the island under the railroad bridge. The development Of these plans for public open space, access, and recreation use along the strewn and river frontage will be undertaken by City staff primarily, but a consultant will be hired to do some Of the more specialized elements. All work will be reviewed by, the City's Planning Board and possibly a City Council Subcommittee and any other group involved in the redevelopment of the downtown, such as the Care Arae Redevelopment Corporation and the City•s Community Development Committee. Final products will include: 1. ' Preliminary construction plans for each site 2. A written report summarizing site development objectives, cost estimates, an environmental assessment and the Identification of any permits required. B - Work Program February - May The Planning and Engineering departments decide what worA will be done in-house and by whom: request proposals for any work to be done by a consultant: and assemble available date, maps, etc. for the sites. City officials select consultant and negotiate a subcontract to be sent to the State Planning Office for review and approval prior to signing. If the State Planning Office does not contact the project manager within 5 working days. of its receipt, the subcontract is automatically approved. - City staff and consultant develop conceptual site plans and report(Q) and present to city committees for review and comments. - Project manager submits progress report including draft plans and report(s) to the State Planning Office for review and comment. June - October City staff and consultant refine preferred conceptual plans into preliminary construction plans and prepare draft final report. - The project manager submits final progress report to the State Plarning Office including preliminary construction plans and report for review and comment. City staff and consultant present the plans and report to city officials for review and comment and make final revisions, if necessary. The project manager submits 4copies of final products to the State Planning Office. C - Proiect Budoet Staff S 4,000 Contractual 920 Travel Equipment Printing .(Specify Number of Copies) Other Total 4,9 B - Project Manager John Lord - Tel. 947-0341 Planing Director City Hall 73 Harlow Street Bangor, Maine 04401 E - Progresa'Reporta 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 following schedule. Product Payment Schedule Approved contract and 30% of total first bill I project amount February, 1981 Evaluation of progress: 30% of total PROGRESS REPORT including project amount May 31 DRAFT CONCEPTUAL PLANS AND REPORT(S) submitted by project manager and accompanied by second bill Evaluation of progress: 30% of total PROGRESS REPORT including project. amount October 1 DRAFT PRELIMINARY CONSTRUCTION PLANS AbC REPORTS submitted by project manager and accompanied by third bill ----------------------------------------------------------------------- COMPLETED PLANS AND REPORT(S) 30% of total and fourth bill project amount October 15, 1982 F - Work Products _ The products to be delivered to the State Planning Office are: a) 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. E) If not wholly covered in (a) a complete description of the work performed for the completion of the project as specified in ,action 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 rot be limited for writing progress reports, submitting bills and copies of work products, supervising consultants and serving as contact with the State Planning Office. H - Budgetary Policies to be Adhered TO Any finds not spent Wring the grant period shall be returned to the State Planning Office. Expenditures for printing and the purchase of capital eouipment ,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 20 cents per mile. Sub Contracts shall be in the same form as the contract between the community and the State, shall be subject to the some 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 mist 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—of r a sale -source subcontract. Sole -source arrangements may be entered into only in cases when specialized knowledge or egUipment la. necessary. I - Project Credits All final maps, newsletters and reports shall indicate the comm rity(s) spomorfng.the project and consultant(s) involved. They shall also contain the following statement: - "Firencial 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: t Any project involving the study or development of boating facilities such as a marina, moat 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. "In projects involving town -wide mapping (land use, natural rresources etc., but excluding tax mapping), maps shall he drafted at a scale of we inch equals one thousand feet (I" 1,000') unless prior aborovel is obtained from the State Planning Office. RIDER B PAYMENT PW OIHER PROVISIONS 1. CONTRACT SDN. The Department shall pay the Contractor for the performance of the Contract in current funds the sum Of $4,920 (Four Tbwsand Nine Hundred and Twenty Dollars). Progress payments An accent 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 on the Request for Payment forms provided by the Department. 3. BENEFITS AMD DEDUCTIONS. The Contractor understands and agrees that he is an Independent Contractor for whom no Federal or State Inc" Tax will be deducted by the Department, and for Whom 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 ADMINISTRATOR. All invoices, pro0recc reports, correspondence, and related e- missions from the Coniractor shall be directed to: Name: Holly Domin-a Title: Contract� straf for Address: State PS[ate P anon nq 0 cenq 0 ce 89 a e SiH�S' E Street Auqusta, Maine 04333 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 Oepartmad's representative ourirq 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 payment= 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. 7. PERIM OF PERFORMANCE. The :Contractor shall: A. Work when called by the Department. B. Use due diligence to complete the work within a reasonable time. XX C. Complete the work no later than parch 31. 1982 0. If the work is not completed by Contractor shall pay Department as c ow�Ti 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, A55IGM EENT 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. Curing 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, religious 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 be 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 past in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of tis nondiscrimination clause. b. The Contractor will, in all solicitations or advertising for employees placed by or on behalf of the Contractor relating to this agreement, state that all qualified applicants will receive consideration for employment without regard to race, color, religious bread, sex, national origin, ancestry, age, or physical handicap. C. The Contractor will, send to each labor union or representative OF the workers with which he has a collective or bargaining agreement, or other contract or understanding, whereby he is furnished with labor for the performance of this contract, a notice, to be provided by the contracting department or agency, advising the said labor union or workers' representative of the Contractor's committment under this section and shall post copies of the notice in conspicuous places available to employees and to applicants for employment. d. The Contractor will cause the foregoing provisions to be inserted in any subcontracts for any work covered by this agreement ad 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 Emoloymxnt Security Carmission. These provisions shall not apply to emplovmant 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 Oivisipo of the Maine Employment Security Commission shall involve Only the normal obligations which attach to arch listings. e. Each contractor or subgrantee shall have an affirmative action plan wfiism declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantees and to assure that suspected or reported violations are promptly investigated. 11. 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 daring the period of this agreement in the employ of any State Cepartment or Agency, except regularly retired employees, without the written consent of the public employer of such person. Further, the CON tractor shall not engage on this project on a full-time, part-time or other basis during the period of this agreement any retired employee of the Oepartment who has not been retired for at least ore 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 rot be construed to extend to this contract if made with a Corporation for its general benefit. 13. WARRANTY. The contractor warrants that it has not employed or written any company or person, other than a bormfide employee working solely for the Contractor to agreed toltran company orcure this greement, and person, other that it has not epaid,mployee 9 pay Y than a ion,Tper employee working solely for the Contractor any foe, Commission, percentage, brokerage fee, gifts or any other consideration, contingent upas, or resulting Me award for making this agreement. For breach of violation O of Mit warranty the Department r, in hese the right to annul this agreement without liability o=, in its discretion to dthe f from Me contract prate or consideration, or owe, bio recover e, finamountconting such t few- 14. ion, percentage, brokerage fee, gifts, la. ACCESS TO RECORDS. The Contractor shall maintain all otherevidence documents, payrolls, papers, g records pertaining to rest 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, o= 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 whole, or from .time to time, in part whenever for any reason the Contract Administrator shall determine that such termination is in the best interest of the Department. AOY 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 accordingly coin mytevent$sthistcontract onshall beeterminated oni Pied March 31, 1982. 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 $lOG,DDO 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 1910. 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 AW 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, 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 to any person, firm or corporation who my be injured or dammged by the Contractor in the performance of this contract and against any liability, including costs and expenses, for violation of proprietary rights, copyrights, or rights of privacy, arising out of publication, translation, reproduction, delivery, performance, use or disposition of any data furnished under this contract or based an 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 MREEAEf. This contract contains the entire agreement of the parties, and neither party shall be bound by any statement or representation not contained herein. y RIDER A Specifications of Work to be Performed The Town of Hampden and City of Bangor contract with the State Planning Office to undertake: Task I: Phase II, Completion of Urban Waterfront Re -Use Plan Task II: Phase III, Implementation of Joint Marina Project IR - Project Description Building upon the inventory and analysis phase completed last year, the joint project committee will direct consultants Anderson -Nichols in finalizing the plan. Recommendations for public and private actions to revitalize the waterfront will be developed. Implementation will be begin through the development of preliminary plans and cost estimates for the reuse of specific sites. IB - Work Program January - April 1981. Alternative Re -Use Concepts - Bangor and Hampden officials negotiate a subcontract with Anderson -Nichols and submit to the State Planning Office for review and comment prior to signing. - The consultant investigates future potential for residential, commercial, recreational, transportation and industrial use,. - The consultant develops two sets of assumption/scenarios including a written report and concept plan for appropriate. land use mixes for the waterfront and marine areas: o Each set of assumptions shall reflect the goals and objectives developekin Phase I. - o Each scenario shall identify the types of infra -structure improvements required and approximate costs of improvements. o Each concept shall be developed on the study area base map (to be -supplied by the City) and will be supplemented with a summary sheet explaining the land use mix, estimated costs, and basic objectives that are maximized. • Following a review with the City Planning Department, the consultant adds an assessment of the feasibility of the concepts to the report. The Project manager distributes the Re -Use Concepts and report to the Advisory Committee, appropriate local boards, property owners, and the State Planning Office for preliminary review (20 copies). May - June, 1981 Two workshops will be held, one in Bangor and one in Hampden, to solicit comments and suggestions from owners and planning boards on the Re -use Concepts. - The City Planning Director will meet with individual property owners to discuss the Re -use Concepts and obtain comments. The City Planning Director will develop a general consensus among the City, Town and Advisory Committee on the preferred re -use concept. P joint memorandum will be prepared by the City, Town and Advisory Committee which outlines the preferred concept. July - September, 1981 - Draft Re -use Plan - The consultant refines the preferred reuse concept into a Draft Re -use Plan: o the plan will outline the type and phasing of improvements, costs, and potential footling sources. These elements will be reviewed with the City Planning Department prior to finalizing the funding sources. o specific financial incentives and potential funding sources will be identified for each specific element of the Plan as leverage On the private sector. - The consultant presents the draft report and plan to the City for a series of briefings and policy-making meetings on elements of the Draft Plan by Town and City officials, the planning boards, and members of the Advisory Committee. - The Project Manager submits second progress report to the State Planning Office along with copies of the joint memorandum report and plan. September - October, 1981 Private Sector Actions The City Planning Department and the Advisory Committee identify key implementation groups for initiating activity on the re -use plan, especially key owners and financial institutions, The City Planning Director will prepare a summary of any major revisions in policy or changes in the use of specific parcels that may result from interaction with local boards, the Advisory Committee, or property owners. November - December, 1981 Final Re-dse and Implementation Plan - Consultant revises the draft plan as necessary to reflect comments and suggestions developed by the review process: o the final Re -use and Implementation Plan will identify specific funding sources for specific elements Of the Plan. o recommendations may be included, if needed, on appropriate zoning changes in support of the plan. o suggestions may be made regarding areas in need of improved or unified design standards. o an outline of the nature and timing of follow-up steps to implement the plan will be Included. - Following a review by local officials and the State Planning Office, a camera-ready text and graphics package will be prepared by the consultant for local printing. - The consultant and local officials present the plan at 'a public meeting. - The Project Manager submits 4 copies of the final products to the State Planning Office. IC - Proiect Biduet Staff $ 2,800 - Contractual _ 12,000 Travel Equipment Printing (Specify Number of Copies) Other 200 Total $15,000 IO—.Proiect Marauder John Lord, City'Planning Officer Telephone: 947-0341 City Hall 730 Harlow Street Bangor, Maine 04401 IE - Progress Reports and Payments The State Planning Office will pay the Town of Hampden and City of Bangor for this project upon receipt of the appropriate bills antl satisfactory evidence of work completed according to the schedule below. Product Payment Schedule Approved contract and 30% of total first bill project amount February, 1981 Evaluation of progress: 30% of total PROGRESS REPORT including project amount April 31, 1981 RE -USE CONCEPT PLAN REPORT submitted by project manager and accompanied by second bill Evaluation of progress: 30% of total PROGRESS REPORT including project amount September 30, 1981 CRAFT RE -USE PLAN submitted by project manager and accompanied by third bill Draft final BE -USE and November 31, 1981 IMPLEMENTATION PLAN - Four copies of the completed 10% of total plan and final bill project amount December 31, 1981 Talk se 111, implementation of Joint Marine rojec IIA: Project Description The work to be performed under this project consists of the continuation of the implementation activity for the Penobscot River Marina in Reduced and for the Bangor lending. Specific work will include the following tasks ami products: 1. Continuation of the application procedure for the Corps of Engineers dredging permits for the Hampden Marina, compilingadditional information as may be required to satisfy Army Corps criteria. 2. Preparation of an application for a Wetlands Alteration Permit with the Maine Department of Environmental Protection pursuant to the provisions of 39 M.R.S.A. sec. 474 and P.L. 92-500. 3. Preparation of an application for Federal assistance in the funding of construction for the development of a landing and a waterfront park in Bangor, in general conformance with the preliminary Plans prepared under the 1978-79 CRM program. 4. Investigation of sources for matching local funds for the Bangor project. 5. Preparation of applications for U.S. Army Corps of Engineers permits for alterations of the shoreline as necessary for the Barger project. 6. Preparation of an application for a wetlands Alteration Permit with the Maine DEP for the Bangor project. >. Preparation of guidelines for the operation of both the Hampden project and the Bangor project, including a Request for Proposals for an operator of the Hampden site, both to insure prosper operation of the facilities, and also to pronate the development of private enterprise supporting facilities for the Hampden project. It is hopee that the efforts listed above will complete all wark necessary to lead into the construction phase for both projects. Most of the work will be performed by the City of Bangor Engineering Department, with John T. Frawley, City Engineer, acting as Project Manager. This will include the preparation of necessary maps and narrative for the Corps of Engineers and DEP permits: the preparation of Federal grant applications: and all other work necessary to lead both projects into the construction phase. The City Engineer would receive assistance in the complexities of preparing the Corps of Engineers permit for the Bangor project, and for completing the requirements of the Hampden project, with Anderson -Nichols, Consulting Engineers of Boston. The preparation of Specifications for Proposals for an operator of the Hamden project will be done by the Bangor City Engineer and the Hampden Town Manager, with the solicitation of advice from various private marine operators in other parts of the State. The promotion of the future use of both facilities will be undertaken by the Bangor City Engineer and the Hampden Town Manager, with the assistance of representatives of local tourist agencies, the Chamber of Commerce and the Maine Publicity Bureau. The City Engineer will submit data to the publishers of coastal guides describing the available facilities, and will attempt to further advertise the facilities through magazine and the news media. IT- February- Cure 1981 - Local officials negotiate a subcontract with consultant and submit a copy for review and comment to the State Planning Office prior to signing. The City Engineer submits additional requested data to the Corps of Engineers for the Hampden dredging permit application. -- The City Engineer submits an application for a Wetlands Alteration Permit for the Hampden project to the Maine Department of Environmental Protection. The City Engineer Completes an application for Federal_ funding of the Bangor project and submits it to the StateBureauof Parks 6 Recreation for their consideration. Local officials explore sources of local funding for the matching share of the Bangor project. The City Engineer submits applications for the Corps of Engineers permit and for the BEP Wetlands alteration Permit for the Bangor Project. Local Officials prepare an initial draft of the specifications to request proposals for the operation of the Hampden facility, to be reviewed by local officials and potential operators. City Engineer prepares additional information as may be recuirel for the Corps of Engineers and BEP permits for the Hampden project. The City Engineer submits first progress report to the State Planning _ Office including copies of all applications prepared and a summary description of efforts to explore sources of local match. July - October - The City Engineer provides additional information as may be needed to satisfy the Corps of Engineers and DEP applications. - Local officials finalize guidelines, solicit proposals for an operator for the Hampden project and select an operator. - The City Engineer submits second progress report to the State Planning Office including guidelines for operation, the RFP and the proposal selected. November - March, 1982 - It is presumed that both the Hampden and Bangor projects will be under construction during this period, or that construction will be assured{ accordingly, the following actions will be undertaken to insure the further development and success of both projects: _ o Develop preliminary Plans for the promotion of both areas, such as through the Chamber of Commerce, local travel agencies, the Maine Publicity Bureau, magazine articles, and the updating of Government and private coastal guides to make known the availability of the facilities. o Prepare strategies for the further development of both the Bangor and Hampden facilities. o Prepare and submit a final report to the Maine State Planning Office summarizing project activities and accamplislvment, and including any other products rot submitted to date. IIC - Project Budget Staff 5 4,000 Contractual 800 Travel Equipment Printing Other 200 - Total a.51000 IID - Pro]ect Manager cbMtiW� �t Telephone: 947-0341 City Hall nO Harlow Street Bangor, Maine 04401 IIE - Progress Reports and Payments The State Planning Office will pay the Town of Hampden and City Of Bangor for this project upon receipt of the appropriate bills and satisfactory evidence of work completed according to the schedule below. Product Payment Schedule Ppprovetl contract and 30% of total first bill project amount February, 1981 Evaluation of progress: 30% of total FIRST PROGRESS REPORT project amount June 30, 1981 including PERMIT APPLICATIONS, DRAFT OPERATION GUIDELINES, AND - A SUMMARY OF EFFORTS TO LOCATE LOCAL MATCH submitted by project manager and accompanied by second bill Evaluation of progress: 30% of total SECOND PROGRESS REPORT project amount October 31, 1981 including FINAL OPERATIONS GUIDELINES, PER, ANO SELECTED PROPOSAL submitted by project manager and accompanied by third bill FINm_ PROGRESS REPORT 10% of total project amount March 31, 1982 F - Work Products The products to be delivered to the State Planninq 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. q) 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 menage 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. H - Budgetary Policies to be Adhered To - Any foods 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 my 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 correctly 20 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 $Aco, the community most request three or more proposals or advertise the project for three consecutive days In a daiTy 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 specialized knowledge or eeuipment is necessary. I - Prosect Credits All final maps, newsletters and reports shall indicate the community(s) sponsoring the project and consultants) involved. They shall also contain 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 Commerce, Office of Coastal Zone Management, under the Coastal Zone Management Act of 19]2, as amended.". J 1 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, most determine the feasibility of providing host 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 an the environment. In Projects involving town -wade mapping (land use, natural resources etc., but excluding tax mapping), maps shall be crafted at a scale of one inch shoals one thousand feet (1" 1,0001) unless prior approval is obtained from the State Planning Office. RIDER B PAYMENT AND OTHER PROVISIONS 1. CONTRACT SUM. The Department shall pay the Contractor for the performance of the contract in current finds the sum of Twenty Thousand Dollars ($20 000). Progress payments on account of the contract shall be meaccording to Rider A. 2. INVOICES AND PAYMENTS. Payment shall be rade by the Department after receipt of an approved itemized invoice submitted by the Contractor on the Request for Payment forms provided by the Department. 3. RENEE ITS AND DEDUCTIONS. The Contractor understands and agrees that he Is an Independent Contractor for whom no Federal or State Income Tax will be dedRctetl by the Department, and for whom 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 Tex records. 4. INDEPENDENT CAPACITY. The Parties hereto agree that the Contractor, antl 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 ADMINISTRATOR. All invoices, progress reports, correspondence, and related submissions from the Contractor shall be directed to: Name: Holly Oominie Title: Contract Aanln s ridgy Address: s e P�ann nip O c�� 189 State roe Augusta,333 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 Nall make decisions on all claims of the Contractor, subject to the approval of the Head of the Department. ]. PERIOD OF PERFORMANCE. The Contractor shall: A. work when called by the Department. B. Use due diligence to complete the work within a reasonable time. XX C. Complete the work no later than March 31 1982 _0. If the work is not completed by Contractor shall pay Department aso ow—fYl s 8. SUKDNTRACTS. Subcontracts shall be made consistent with State Regulations and shall be reviewed by the State Planning Office prior to being signed. 9. SUBLETTING, ASSIGN NT 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 W 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 EMPLOYPBIT OPPORTUNITY. During the performance of this contract, the Contractor agrees as follows; a. The Contractor will not discriminate against any ertaloyee or applicant for employment relating to this agreement because of race, color, religious creed, sex, national origin, ancestry, age or physical handicap, unless related to a borcefide 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 ctionshall include but not be 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 did applicants for employment, notices setting forth the provisions of his nondiscrimination clause. b. The Contractor will, in all solicitations or advertising for employees placed by or an behalf of the Contractor relating to this agreement, state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, sex, national origin, ancestry, age, or physical handicap. C. The Contractor willsend to each labor union or representative of the workers with which he has a collective or bargaining agreement, or other contract or undarstanding, whereby he is furnishedwith 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. d. The Contractor will Ca inserted in any subcon Soreement so that Such the apply to contracts or sui supplies or raw material. sub -Contractor holding C Shall, to the maximum fe openings with the Maine provisions shall not app Contractor, or any sub -c Contractor, proposes to Listing of Such openings the Maine Employment Sec normal obligations which ne foregoing provisions to be s for any work covered by this isions shall be binding upon each t the foregoing provisions Shall not ntracts for standard cammercial The Contractor, or any ntract directly under the Contractor, his, list all suitable employment loyment Security Commission. These to emalovment openings Mich the Tactor holding a contract under the 1 from within its own organization. th the Employment Service Division of ty Commission Shall involve only the tach 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, color, religion, creed, national origin, sex, and age and Mich specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure camplience with this requirement by contractors or subgrantees and to assure that suspected or reported violations are promptly investigated. L1. EMPLOYMENT AM O PSON�EL. 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 erplOY 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 an this project on a full-time, part-time or other basis during the period of this agreement any retired employee of the Oepartment who has cot 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 warrants that it has not employed or written any company or person, other than a bonafide employee working solely for the Contractor to solicit or secure this agreement, and that it has not paid, or agreed to pay any company or person, other than a bonafide employee working solely for the Contractor any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon, or resulting from the award for making this agreement. For breach of violation of this warranty the Oepartment shall have the right to annul this agreement without liability or, in its discretion to deduct iron the contract price or consideration, or otherwise recover the full amount of such tingent feeee, commission, percentage, brokerage fee, gfull, or 14. ACCESS TO RECORDS. The Contractor shall maintain all books, documents, payrollspapers, accounting records and other evidence pertaining to cast incurred onder Chis 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. e. 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. T WINATION. The performance of work under the contract nay be terminated by the Cepartmant in whole, or Tran time to time, in part whenever for any reason the Contract Administrator shall determine that such termination is in the best interest of the Department. Any such termination shall be effected by delivery to the Contractor of a Notice of Teradation 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 Marts 31. 1982. 16. GOVERWENTAL REQUIREMENTS. The Contractor awarransas dreshaprepresents that all governmental ordinances, andregulations l be complied with. e. Contracts and sabgrants of amounts in excess of $lW,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, crders or regulations issued pursuant to the Clean Air Act of 19M. 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 AW PEPFORaANCE. This agreement shall be governed by the laws of the State of Heine as to interpretation and performance. 18. STATE HELD HAPPLESS. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialman, 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 nay be injured or damaged by the Contractor in the performance of this contract and against any liability, including costs and expenses, for violation of proprietary rights, copyrights, or rights of privacy, arising out of publication, translation, reproduction, delivery, performance, use or disposition of any data furnished under this contract or based an 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. M. ENTIRE AGREEMENT. This contract contains the entire agreement of the parties, and neither party shall be bond by any statement or representation not contained herein.