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HomeMy WebLinkAbout1980-08-11 258 AH ORDER258 AR Introduced by Councilor M[Kemaq August 11, 1980 CITY OF BANGOR (TITLE.) V0TUr,-.Authox141A9...C.ity..Mlsiger to Enter Inta.. COntract_Witt the M State Planning_.Office Under the Coastal Energy Impact Program. By W My Couaall mft City ofBaugor: ORDERED, TEAS WHEREAS, the Maine State Planning Office has approved a proposal from the City of Bangor to fund a study -of the potential impact of coal transportation, transfer and storageonthe Penobscot River in Bangor; - NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the City Manager be authorized t0 enteI into a contract with the Maine State Planning Office in order to receive funds from the Coastal Zone Management Program to carry out said study. A copy of said Contract is on file in the City Clerk's Office. STATEMENT OF PACT: The Maine State Planning Office has awardee usm O£ $2,500 to the City of Bangor under the Coastal Energy Impact :Program to conduct the above-mentioned study:The City must match the federal funds with $625 worth of services from the: City's Staff which will be provided by the Planning Office. This study will be in addition to the current on-going Urban Waterfront Inventory Study being carried Out by Anderson -Nichols, Inc. and.the proposed work Will be asupplement to the present Anderson -Nichola Contract. • N 25B AN ORDER IN CITY CUIRCIL AuquSt 11, 11980 '� AUG -6 A9 38 '. Passed, i Title, " Authoxiein9, Citx. Natw9en ; o Enter I, uEeamY 'iar cLEL_� _ . ... iPECLgIIVL CI OfCLERN 'a CI into Contract with the Maine State .......... 6............................ " " Planning Mice Under the Coastal - Energy Impact Program. " and filed by Introduced eilaan Cowcilmen 258 AN STATE OF MAINE THIS AGREEMFW, made this 1st day of July, 1980, by and between the State Of Maine, Department Of Executive, State Planning Office, hereinafter called "Department" and City of Bangor hereinafter Called 'Contractor". The type Of organization or the Contractor is. __— 1. An individual doing business a _ 3. A partnership. Co %% 3. A mun is mCorporation. rporation. _ 4. Other:__ The principal Office of the Contractor is located at Bangor _CI Hall, Bangor_ Maine_ 04901_ ____ The Employer identification number of the Contractor is WTIFNIESETV 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 Department to furnish all qualifies personnel, facilities, materials ials and s and i conauleation with the Department, performe the services. [study or project described in Rider A. The following Riders are hereby incorporated into this contract by reference: Rider A - Specifications Of Mark t0 be Performed Rider B - Payment and Other Prov rayons 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 by: £aciliate subcontracting/ Allen Pease, Director subgranting of certain Federal funds from the State, for the public benefit: it has been vwed and approved as to form bythe Attorney General and CONTRACTOR - City of Bangor is On file with the Contract Review Committee. by: Standard Form For Federal Sub -Contracts on "Pass-through" Programs 1. Appropriation Number 3024-101 6401 4. - - -- Contract Dumber -------- --- 2. Dollar Amount—S2500 s. Encumbrance Number 3. Termination Date June 30, 6. Date Received THIS AGREEMFW, made this 1st day of July, 1980, by and between the State Of Maine, Department Of Executive, State Planning Office, hereinafter called "Department" and City of Bangor hereinafter Called 'Contractor". The type Of organization or the Contractor is. __— 1. An individual doing business a _ 3. A partnership. Co %% 3. A mun is mCorporation. rporation. _ 4. Other:__ The principal Office of the Contractor is located at Bangor _CI Hall, Bangor_ Maine_ 04901_ ____ The Employer identification number of the Contractor is WTIFNIESETV 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 Department to furnish all qualifies personnel, facilities, materials ials and s and i conauleation with the Department, performe the services. [study or project described in Rider A. The following Riders are hereby incorporated into this contract by reference: Rider A - Specifications Of Mark t0 be Performed Rider B - Payment and Other Prov rayons 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 by: £aciliate subcontracting/ Allen Pease, Director subgranting of certain Federal funds from the State, for the public benefit: it has been vwed and approved as to form bythe Attorney General and CONTRACTOR - City of Bangor is On file with the Contract Review Committee. by: RIDER A Specifications of Work to be Performed The City Of Bangor contracts with the State Planning Office to undertake: A Socio-Econamic and Environmental Impact Analysis Of Coal Trans[wrtation, Transfer and Storage on the Pemba Cot River in Bangor. A__ P[O'ye Ct BescrietiOn The City is currently working with an engineering/planning firm on a shoreliner entory to determine redevelopment potential. These additionalfunds will allow the City to build on the inventory to x identify and a sites suitable for Coal storage. This analysis will consist of two tasks - Task 1: The project will identify sites Currently being used for coal storage, those proposed for storage. and those with site characteristics amenable to coal storage. It will examine the environmentals impacts associated with storage at these Sites, including the effects of coal transportation on the shoreline and on reviration resources of the area. Task 2: The project will also identify the s - impacts, particularly the impacts o municipal budgets, from the Construction Of new coal terminals. B ___ork Provram Months 1-2 - City develops subcontract with c sultant and submits it to the Sao foo- review. Qt i automatically approved if the SPO does not Contact the project manager within five working days of its receipt.) - Consultant reviews field notes of shoreline inventory project and identi£ys existing coal storage areas, those proposed for storage and those with site characteristics amenable to coal storage. - Consultant performs field checks, where necessary, to obtain additional information. - Consultant determines the environmental and recreational impacts of coal storage, transport and transfer of these sites. - Consultant identifies the s ar - impacts it= the construction and operation ofe existing and see coal terminals. These impacts will include, but act be limited to, the impact on the municipal budget, impact on transportation systems, and impact on current land use patterns and values. - Consultant provides draft of impact analysis for city to review. - Project manager submits 2nd request for payment and draft report to the SM. Month 3 - Consultant revises draft to incorporate city comments and prepares final report. C=Praiect Budget Staff $ 00 Contractual 2,500 (mask 3. $2000, Task 2 $500) Other 625 (Local match) Total 53.125 D__P m]e Ct Mdna.Ze[ Sohn Lord 'M1. 947-0341 Bangor City Hall Bangor, Maine 04401 E _ Pn�ress Reports andPaun�ents 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 schedule below. Progress reports shall include any draft materials developed, aary of activities, a financial summary of. expenditures to date, and requests for work program, Rider A Charges To the c where'a code enforcement Officer, Clam warden,waterfront or toxo planner is providing aesummary or I log of activities shall be included. The State Planning Officemi11 make at least One site visit during the grant period. The SPo may also request a written or oral progress report at any time duringthegrant period. Product Payment Schedule Approved contract and first bill 50% of total project amount Month l Evaluation of progress: Draft report submitted 401l of total by project manager project amount Month 2 accompanied by second bill Final product or Summary report Month 3 Completed prod not and Third bill Month 3 10% Of total project amount Month 4 F - Mork ProdUCta The products to be delivered to the State planning Office are. a) One copy of draft and three copies of final reports, ordinances, newsletters, surveys, o r other documents as they are developed In the c of maps, two color slides or two paper prints of each map shall be provided. b) if act wholly cored 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 Res - o ibilities o£ Project _ �s n_ -oje c[ MaOaaae[ The project manager will be responsible for making sure that the terms of this agreement have been meta This individualwill manage the project which Gill 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. R - Rudyetaty Policies to be Adhered To Any funds not spent during the grant period shall be returned t0 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 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 Out exceed the rate paid to State employees in effect at the time travel is undertaken. Subcontracts shall he in the same form as the contract between the community unity and the State, shall he subject to the same general conditions, and covenants and shall be reviewed by the SPO prior to signature. - When subcontracting with private consulting services for over $600, the community must request three o eproposals o advertise theprojectfor three m cutivedays in a daily Paper unless prior approval3S obtained from the State Planning Office for a sole -source subcontract. Sole -source arrangements may be entered into only in special Cases such as when specialized knowledge or equipment is necessary. When projects are split funded separate accounting procedures moat be maintained. Nat more than 5% of the funds allocated toward staff, contractural, or other may be switched unless approval is granted by the SPO. The city will need to keep separate accounts for $500 and $2000. r__ Project credits - All final maps, newsletters and reports shall contain the following statement ^Financial assistance for preparation of this document w s provided by a grant from the Maine State Planning Office under the COASTAL ENERGY SMPACT PROGRAM, through funding provided by O.S. Department of Commerce, Office of Coastal Zone Management, under the Coastal zone Management Act of 1972, as mended." , PAYMENT AND-CTRER PROVISIONS 1. CONTRACT SUM. The Department shall pay the Contractor for the performance of the contract in current .funds thea of $1.500 (Twenty five hundred dollars). Progress payments on account of the contract shall be made according to Alder A. 2. INVOICES AND PAYIENfS. Paysent Shall he made by the Department after receipt of an approved itemized invoice submitted by the Contractor upon the Request for Payment forms provided by the Department. 3. BENEFITS AND DEDUCTIONS. The Contractor understands and agrees that be is an Independent Contractor for whom no Federal or State income Tax will be deducted by the Department, and for whoa no retirement Benefits, survivor benefit insurance, group life i cation age sick leave, and similar benefits available to State employees will accrue. n The Contractor further understands that annual information Returns a 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. 9. TNREPENDENT 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. S. CONTRACT AGNINISTRATOR. All invoices, progress reports. correspondence, and related submissions from the Contractor shall be directed to. Ce Name: Noll-➢Dmini S_—_ e__ Title: Local Grant Coordinatoz Address: State Planner Office 038_ 189 State Street _Auguusta_Maine W333_____ _ who is designated As the Contract Administrator on behalf of the Department for this Contract. 6. DEPARTMENT'S RP.PTSSENtATIVE. 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 i its x proper execution. He o she shall certifyto Department when payments under the contract are due and the amounts to be paid. Be or she shall make decisions on all claims Of the Contractor, subject to the approval of the Head of the Department. i. PERIOD OF PERFORMANCE. The Contractor shall: Work when called by the Department. B. Use due diligence to complete the work within a reasonable time. _AX C. Complete work work ro later than June 30, 198_1__ D. If the work is not completed by Contractor shall pay Department as follows 9. SUBCONTRACTS. Subcontracts shall be made consistent with State Regulations and shall bas reviewed by the State Planning Office prior to being signed. 9. SUBLETTING, ASSIGNMENT OR TRANSFRR. The Contract Or shall not Sublet, sell, transfer, assign, o otherwise dispose of this agreement o any portion that so;, orr Of his rigtit, title o interest therein, without written request to and written cent ofthe Contract Administrator, except to a bank. No subcontracts or transfer of agreeme nt shall i any case release the Contractor Of his liability under this agreement. 10. EQUAL EMPLOYMENT OPPORTUNITY. During 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, religioussex, national originancestry, age or physical handicap, unless related t0 a bonafide cupational qualification. The Contractor will take affirmative action to insure that applicants are employed and employees are treated during employment, without regard to their color, religion, se age o national origin. Such action shall include but not belimited to the following: employment, upgrading, demotions, Or transfers:uitment o recruitment Or advertising: layoffs r terminations:eCrates of pa or other for m Of conpensatioand selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of tis nondiscrimination clause. b. no Contractor will, in all Solicitations or advertising for employees placed by or on behalf of the Contractor relating t0 this agreement, State that all qualified applicants will receive Kees, consideration for employment without regard to r Colorece religiouscreed, , national Origin, ancestry, age, or physical handicap6aw 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 understandinq, 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 osackers' representative of the Contractor's c mittment under this Section and shall post copies of the notice in conspicuous places available to employees and to applicants for employment. If The Contractor will cause the foregoing provisions to he sea i any subcontracts for any work covered by this agreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts o subcontracts for standardcommercial rcial supplies or r we materials. The Contractor, or any sub -contractor holding a contract directly under the rontractor, shall, to the maximum feasible, list all suitable employment openings with the Maine employment Security Commission. These provisions shall not apply to employment openings which the Contractor, or any sub -contractor bolding acontract under the Contractor, proposes to fill from within its organisation. Listing of such openings with the Ymplayment Service Division of the Maine Employment Security Commission shall involve only the normal obligations which attach 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 r color, religion,creed, national origin x 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 subg[antees and to assure that suspected or reported violations are promptly investigated. 11. EMPLOYMENT AND PEREONNPL. The Contractor shall not engage o a full-time, part -titre or Other Wale during the period of this agreement, any professional of technical personnel who are or have been at any time during the period of this agreement in the employ of any State Department or Agency, except regularly retired employees, without the written consent of the public employer of such person. Further, the Contractorshall not engage on this project on a full-time, part-time or other basis during the perics of this agreement any retired employee of the Department who has not been retired for at least one year, without the written consent of the COlit[a Ct Review Committee. 12. STATE. FMPLOYFES NOF Tl BENEFIT. No individual . employed by the State at the time this contract is executed or any time thereafter shall he admitted to any share or part of this contract or to any benefit that may arise therefrom directly or indirectly due to his employment by r 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. WANEANW. The Contractor warrants that it has not employed Or written any company or person, other than a Wnafide employee working solely for the Contractor to solicit or assure this agreement, and. that it has not paid, o agreed to payany Or person, other than a Wnafide employee working solely for the Contractor any fee, commission,percentage, brokerage fee, gifts or any other consideration, contingent urn, or resulting from the award for making this agreement. For breach of violation of thiswarranty the Departmentshall have the right to annul this agreement without liability or, in its discretion to deduct from the contract price or consideration, o otherwise recover r the full amount of such fee, commission, percentage, brokeragefee, gifts, or contingent fee. 14. ACCESS TO RECORDS. The Contractor shall maintain all hooka, deromenta, payrolls, papers, a unting records and other evidence u pertaining to cost 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, or .any of their duly authorised representatives, shall haveaccess to any books, documents, c papers, and records of ther contractor which are directly pertinent to aspecific 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. Any such termination shall beeffected 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 adjusted to compensate for such termination and the contract modified accordingly. To any event, this contract shall be terminated on June 30, 1981. 16. GOVERNMENTAL MUTREMENfS. The Contractor warrants and represents that all governmental ordinances, laws and regulations shall he complied with. a. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision which requires the r recipient to agree to _comply with all applicable standards, orders orregulations ' issued pursuant to file Clean Air Act Of 1970. Violations shall be reported t0 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 AND PERFORMANCE. This agreement shall be governed by the laws of the State Of Maine as to interpretation and performance. 10. STATE MRLO PARNLESS. 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, raterialmen, laborers, and any other per, firm o corporation furnishing o supplying work, services, materials o a suplies ection with the performance of e thises contract, and from any and all maims and losses accruing o resulting to any person, firm o corporation who maybe 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, nee or disposition of any data furnished under this contract or based on any libelous or other unlawful matter contained in such data. In relation to this contract, the State and the Department shall have 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 AGREEMENT. This contract contains the entire agreement of the parties, and neither party shall be bound by any statement or representation not contained herein. 0127B