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
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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.