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.
•
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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