HomeMy WebLinkAbout1980-05-28 193 AH ORDER193 AM
j r Introduced by Councilor atcrarnan, My 28, 1980
CITY OF BANGOR
(TITLE) �Auth ing City _M g [ Execu[ Letter of,Ag eemen[ -
13d➢..¢.xblAg Wexka..Ia!eact ¢S9gSg&.iDe{gy 0 atw, � t Police,.Staeron
BY tM City Coum lz of the City of Bangor:
ORDERED,
T T Sohn Flynn, City Manager. is hereby authorized and directed, on
behalf of the City of Bangor, to execute and deliver to the Eastern Maine Development
District a letter of agre meut, a true copy of which is on file in the office of
the City Clerk, providing the terms and conditions under which the City will receive
grant monies under -e `. Public Forks Impact Program Energy Conservation Project for
purposes of makingenergy conservatiortimprovements to the Bangor Police Station.
In City council May 28x1980
Passed
C ty
ORDER
Title,
Authorising City Manager to Execute Letter
......................................
Of Agreement 1980 FuL c Works impact
PPogrem energy Comavrvation Graph
Police Station
Introduced and filed by
l�aw.bt�acti .�:.Mc�aosl
conncilnbn
V MAY 22 P2 9M
N.
CITY OF RKER
CITY CLERK
fu# n Maim D*MDmem Rorie
10 Fan Win Enx[ Eanam. Main OJGOt
IROIJ 9426389
May 19. 19so
xesim „ M E M-0 P A N D 0 M _
w w'o MesaT0: Governmental Entities Participating in the PWIP Project
FROM: Clayton Meek,^ Tecbnjcal Planner
SUBJECT: States of PWJ Application/Ovtstanding Documentation/
Letter f greement -
A month has passed 's cold last corresponded with you
,regarding the .status of the PPIP Energy Conservation Project
Application. As indicated previously. EMDD delivered the
application, with EDA's approval, o e.day after the targeted
submisslon date. Sine that timeit has been circulating
through thers departments at EDAanda ay of M 15, 1980,-
e being senttolegal department forfinalapproval and
recommendation. Although there have been no major problems - -
(several minor
items have been corrected) the ewpeocess i
taking much longer than EDA initially indicated. At this point
'n time we have no reason to believe an Offer Of Grant will not
- be-TyclAcoming;-the -question-_is when.
During the last month TEDD has not been sitting idle waiting
for the Offer of 'Grant. TheDevelopmentDistrict issued a request
for proposals forarchitectural/engineering s and we are
prespatly reviewing the six
responsive proposalslr ved. We
had anticipated 'making our final. A/E firm selection by last
Friday. (May,16, 1980), however, it looks as if it will bethe
end of this week (May 23, 1980) before we make oar final selection.
No contract For final A/E services will be signed prior to an Offer
of Grant. -
Enclosed is a Letter of Agreement the Development District
-drafted, with the assistance of a lawyer, to outline the project
responsibilities and protect the parties involved. If the - -
conditions `
of the letter ,any questions,' Please give
call; if not, please sign and n"turn the letter to the Development
District 0ffic A -copy of the agreement will be returned to you
if requested. e' _ . _ _
'Several items of documentation regarding title searches and
opinions are.still outstanding.. Ihave attached a copy of the -'
memo I forwarded to you on April llj which outlined what items
"Total Community Development"
Page No
were missing. If you haze any questions regarding the flus ing
documentation, please give call. I would like to get this
item out of the way and your assistance would be appreciated.
Would you also please forward the bills you have received
from your attorney(s) for doing the .title searches and opinions.
The Development District would like to set up the. projects'
. bookkeeping -systems.
Costaincurred to date by the Development District include
.preliminary engineering (%2,]00) and legal assistance for the,
.grant application and Letter of Agreement (not yet billed). We
anticipate our first requisition for the local share to come -at -
the time of the Offer of Great, however, we may have to requisition
$Ooner than the Offer of Grant, to pay these obligations, if the
Offerisnot forthcoming shortly. .Bills incurred for local legal
work (titleerches and Opinions) may be paid up front by the
counity and later passed on to the Development District for
imbursement, ormay be held for payment until the project's-. ..
Letterof Credit becomes usable.
CAH:ewn,. _
Enclosure-
EMOO
Plus, ve" 0rnlopmm m»ia
10 Fn nklm 5✓M - Blame, MCN' Weell
12071 942 6389
sa•pem mm. Me
May 19, 1980
".a:.„•+
Mr.. John Flynn
City Manager
eM
73 Harlow Street
ppw" 0M`M`
Burger, ME 04001
ma
near John.
•
MHO I Mae,
The Eastern Maine Developnmt District (EMDD) has made
LL
application to the Economic Development Administration (EDA)
„ .M
for grant monies inannection with the 1980 Public Works
Impact Program (PWIP)Energy Conseryation Project (the
Project). Under this program, E1D)D will coordinate and
administer the expenditure of funds derived from the EDA grant
MMI I „..x". o
and from each participating community/county for the purpose
.,
of making energy conservation fmprovevmts o eighteen buildings
„1
owned by seven entities in this region.
„.vim,„
.governmental
Eastern Maine Development District will act as the formal
.. ....a
grant applicant and will contribute in excess of fifty man -days
of administrative and fiscal services connection with the
Project. The City of Bangor (theSubapplicant) is hereby
re.Mw ,,we
.afforded the opportunity to participate in the Project as a
Subapplicmt on the terms and conditions set forth below.
e.mM, a. een•M
In connection with its administration of the Project,
Eastern Maine Development District will perform the following
services:
1.It will make application to EDA for a 1980 PWIP Energy
Conservation grant.
2. If funds are granted, it will implement and administer
the Project and will use its best efforts to comply with all
terms and conditions set forth by EDA.
3. A portion of the Project grant will be utilized far
improvements to certain buildings owned by the Subapplicaut and
described in Exhibit "A" attached hereto. With respect to such
improvements (the Subproject), EMDD will;
(a) enter into contracts with Project engineers for
design services and with Subproject contractors
for construction services;
'Total Community Development'
Mr. John Flynn Page Two May 19, 1980
(b) provide for inspection of constructionon the
Subproject;
(c) provide services for fiscal administration of
the Subproject;
(d) file all necessary progress reports and Project
compliance forms with EDA; _
(e) assure the Project engineers and Subproject
contractors maintain liability, workers' compensa-
tion and such other forms of insurance to the
extent required by EDA;
(f) use its best efforts to perform all other
administrative duties necessary for the
successful and timely completion of the
Subproject;
(g) keep the Subapplicant informed of necessary
changes in the Subproject and involve the
Subapplicant in design and Project budget
decisions to the extent Practical and
under the grant program guidelines
(h) be available at reasonable timesto discuss
the Subproject and its componentswith
Subapplicant.
In consideration of the services to be performed by EMD,
the Subapplicant's participation in the, Project will be conditioned
upon its timely performance of the following obligations:
1. It will make available to ENDD all forms and information
needed to successfully complete the Project application and to
implement and administer the Project and Subproject.
2. It will obtain, at its own expense, all necessary lo
mcal
building permits, Maim Municipal Association audits avail-
able) and other governental. approvals required in connec v
th
the Subproject.
3. C
It will review,
writing, in a timely manner,. proposed
vationmeasures prior to final design, and will revve
in ewritingSfinal plans, specifications and deductive alternates
Prior to solicitation of bids for the Subproject.
W. John Flynn
Page Three MY 19, 1980
4. It will Promptly advise MD of any =authorized
departures by y tractors orsubcontractors frogem approved
Plans and specifications of which it has knowled provided,
however, that this provision shall not be construed as imposing
any obligation to inspect upon the Subapplicant.
5. It will pay toE®D such amounts as MD may from time
to time requisition for the Purpose ofccoveringeligib Project:
Incurred for goods and services in connction with
_
such payments to be forwarded to EMDD within tenhoweveT(10) businessthat he days
of receipt of each requisition; provided,
al
of all such requisitions shall equal 208 of thetotal eligible
casts of the ameSubprojectbut not to exceed $20,
000,
figure isded in writing by both parties.
6. In addition to its payment of a share of eligible costs,
it will promptly pay to IM Dupon request the SubapPlicant's
proportional share of say ineligible project costs.
'/. It will indemnify and vola EMDo harmless from any actions,
nits. claims o other demands of any persons arising out of alleged
errors or acts of omission in connection with administration and
implementation of the Project and/or Subprojects.
DA, contracts executed in connection with
Where required by E
the Project will make provision for bid bonds,
performance bands,
payment bonds, and/or retainage clauses. As administrator o£nt`e
poojeCT grant, EMD
reserves the right to implement changes i
grant program. Whereepractical. such changes will be discussed
with affected Subapplicants before they are implemented.
In the event EMOD deems it necessary to take legal action or
to defend against legal action in connection with the Project.
EMD will accept the administrative burden of such legal action,
and the Subapplicant will pay that proportion of the costs of such
legal action attributable to the Subprojects Prior
tt [theSini iation
o£ any such legal action, EMD agrees to c
he
applicant concerning the type of legal actiontobetaken and the
attorneys who will represent E D and/or the, SnbaPPlac
In the event MD, as applicant, does Dat receive an offer
Of grant from the Economic Development Administration, EMDD shell
have no further obligation to the Subapplicant and, in that event,
the Subapplicaut will promptly pay 100% of The legal costs atrribut-
able directly to the Subproject as well as its propo dr nal shtra-
are
of the preliminary architectural engineering ccs ifcatden
tive legal costs incurred in developing The Project app r
Mr. John Flynn Page Four May 19, 1980
Subapplicant hereby grants to MD the right, for the term
of the Project, to enter upon the Subapplicant's property at all
reasonable times for the Purposes of planning, constructing and
inspecting the improvements contemplated by the Project
Sincerely,
{J{'
CG Rolm
Executive Director
Eastern Wine Development
District
ne City of Bangor hereby agrees that it will participate
n the Project as outlined above and will comply with the termsand
conditions set forth herein, and further certifies that the
City of Bangor has proper authority to so participate.
CGR: own
ynn,
itY Manager
B
g
CGR: own
EXHIBIT A
Description of Subproject - City of Bangor
The City of Bangor's component of the project, hereinafter referred to
as the Bangor Subproject, shall consist of energy conservation improvements
to the:
Bangor Police Station
Fee total 'Subproject costs shall not exceed
eed $100,00o (unless amended,
in writing. by both parties) with the City's whom equal to 20% of the
Subproject's eligible costs and the Economic Development -Administration's
share equal to 80% of the Subproject's eligible costs.
The preliminary architect/engineer's energy conservation recommendations
For the Bangor Police Station
- Roof Insulation.
- New Windows,.
- Beating Renovations, and
- Miscellaneous Weatherstripping, Caulking, etc.
The actual work performed may differ from these recommendations after
review and discussion by the final design engineers, the Applicant and the
Subapplicant.
10 Frmlchn smxr 9mgar, Maim N401
Earle.. Moine Derelo Me:, Di,i,id
' - (2W1992-6389 ,
BOARD OF ORRam" April 1:7, 1930
"FORMAT.MEMORANDUM
...a TO: John Flynn, City Manager - Bangor
FROM: Clayton A. Hoak --
.".. .aos RE:: Submission of PWIP Application/ _
BORI 1...., Title Opinion Requirements
Theapplication for the PWIP Energy Conservation Project was submitte
toEOA-Augusta on Wednesday, April 9th, one day later than the targeted
.AA11 L1"" submission date. EDA has initially reviewed the application and has in-
dicated, with the exception of the items,' addressed below, it complete.
A4 v,.vnmVV .
A copy oftheA/E Report (from the is enclosed for your
information. Whereas the completed application is 2 inches thick, weighs
in excess of 3pounds and is 300 pages plus, copies will be made only upon
10,1111, request. As an alternative the application may be reviewedat the Develop
„„, - ment District's office anytime.
Currently the outstanding documentation is that related to the title
.a opinions on the various properties. EDA has requested that,I in addition
to the ED 152's, your attorney submit on .his letterhead astandard written
B.01 opinion of the .property title. 'Much of the information will be quite dupl
rmi tive of the Form ED 152 however, EOA has indicated it is required. The
documentation still needed. from the City of Bangor is a'follows -
Property - - ED 152 Opinion Letter
Bangor Police Station Received Needed
1 realize some of the titles are still being, searched and therefore
the documentation_ is not yet available. (Please forward the completed
papers as soon as they are available.) I have enclosed copies of the
documentation 1 have to date for your -lawyer's information. Ifyou have
arty-questions orproblemplease give: ms a tall..' (Tel. 942-6389)
Lastly I would like to thankYoufor your patience and cooperation i
pulling thenecessary application pieces together. If GDA can meet their
projected. turnaround schedule we should have, barring any unforeseen probl
project approvalby the end of April-. -
Milan . 'Total Community Development" '