Loading...
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" '