HomeMy WebLinkAbout2016-09-12 16-346 ORDERCOUNCIL ACTION
Item No. 16-346
Date: September 12, 2016
Item/Subject: Authorizing Agreement with Waterfront Concerts, LLC — Concert Venue Access
Road
Responsible Department: Legal
Commentary: Waterfront Concerts, LLC and the City are parties to an agreement dated July
27, 2012 for Waterfront Concerts, LLC to present a summer concert series on the Bangor
Waterfront through 2016. The City and Waterfront Concerts have agreed to negotiate a ten
year Lease for Waterfront Concerts to continue to present a summer concert series on the
Bangor Waterfront through the 2026 concert season.
The City and Waterfront Concerts had previously discussed an access road to the venue and this
year the City acquired a parcel on Lincoln Street for the purpose of having road access from
Lincoln Street to the concert venue. The parties had agreed that they would share the cost of
the construction of an access road and in order to complete the construction of the road prior to
the first event of the 2016 concert season the parties began construction of the road earlier this
year.
If approved, this Order will authorize the City Manager to execute an agreement with Waterfront
Concert for the cost sharing of the construction of the access road and its use. Under the terms
of the agreement, the City shall pay $234,862.90 of the total cost of $494,844.79. Waterfront
Concerts may use the access road to access the concert venue and the city will use the site for
overflow at the Cross Insurance Center, when not in use by Waterfront Concerts LLC. This item
was discussed on several occasions with the City Council.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
First Reading
Referral
Department Head
City Manager
Finance Director
Page _of_
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16-346
SEPTEMBER 12, 2016
Assigned to Councilor Durgin
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(TITLE.) ORDER, Authorizing Agreement with Waterfront Concerts, LLC — Concert Venue
Access Road
WHEREAS, Waterfront Concerts, LLC and the City are parties to an agreement dated
July 27, 2012 for Waterfront Concerts, LLC to present a summer concert series on the Bangor
Waterfront through 2016; and
WHEREAS, the parties have agreed to negotiate a ten year Lease for Waterfront
Concerts to continue to present a summer concert series on the Bangor Waterfront through the
2026 concert season; and
WHEREAS, the City of Bangor had acquired a parcel on Lincoln Street consisting of land
and building for the sole purpose of having road access from Lincoln Street to the Concert
Venue; and
WHEREAS, the parties had agreed that the construction of an access road from Lincoln
Street to the Premises is in the best interest of the parties; and
WHEREAS, in order to complete the construction of the road prior to the first event of
the 2016 concert season the parses began construction of the road prior to this concert season;
and
WHEREAS, the parties have agreed upon cost sharing and other responsibilities
regarding the construction of the road.
ORDERED, THAT, Catherine M. Conlow, City Manager, is hereby authorized on behalf of the
City of Bangor to execute an Agreement with Waterfront Concerts, LLC for the payment of
construction and use of the access road from Lincoln Street to the Concert Venue. Said
Agreement shall in substantially the form as attached hereto and in a final form as approved by
the City Solicitor.
IN CITY COUNCIL
SEPTEMBER 12, 2016
CO 16-346
MOTION MADE AND SECONDED FOR PASSAGE
PASSED
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CITY CLAk
16-346
SEPTEMBER 12, 2016
"IAMM
Agreement made this day of , 2016 by and between the City of
Bangor, a municipal corporation having its place of business at 73 Harlow Street, Bangor, Maine
(hereinafter the "City") and Waterfront Concerts, LLC, of Old Town, Maine (hereinafter WFC).
WHEREAS, WFC and the City are parties to an agreement dated July 27, 2012 for the
WFC to present a summer concert series on the Bangor Waterfront (the Premises) through 2016;
and
WHEREAS, the parties have agreed to negotiate a Lease for the Promoter to present a
summer concert series on the Premises through the 2026 concert season; and
WHEREAS, the parties have agreed that the construction of a road from Lincoln Street to
the Premises is in the best interest of the parties; and
WHEREAS, the City of Bangor has acquired a parcel on Lincoln Street consisting of
land and building for the sole purpose of having road access from Lincoln Street to the Premises;
and
WHEREAS, the City of Bangor demolished the building on the Lincoln Street property
in order to construct the road to the Premises; and
WHEREAS, in order to complete the construction of the road prior to the first event of
the 2016 concert season the parties have begun construction of the road; and
WHEREAS, the parties have agreed upon cost sharing and other responsibilities
regarding the construction of the road.
NOW, THEREFORE, in consideration of the covenants and agreement hereinafter contained, the
City and Waterfront Concerts mutually agree to all obligations, terms, and conditions for the
construction of a road from Lincoln Street to the Premises as follows:
1. Road Construction
An access road has been constructed from Lincoln Street to the Premises as shown on a
site plan approved by the City of Bangor Planning Board on December 1, 2015.
2. Contract
WFC entered into a contract for the construction of the road after consultation with the
City. WFC has obtained lien waivers from the contractor and sub -contractor.
16-346
SEPTEMBER 12, 2016
3. Costs
The parties agree to share the costs of the construction of the road as per the attached
Exhibit A.
4. Payment
WFC will pay the cost of the road pursuant to the terms of its contract for the road
construction. The City shall reimburse WFC the amount to be contributed by the City as shown
on the cost sharing on Exhibit A.
5. Infrastructure
The City and WFC agreed that construction of the road may include infrastructure for the
support of WFC's use of the Premises, the cost sharing of which shall be as set for in Exhibit A
attached hereto.
6. Use
So long as WFC is the Lessee of the Premises it shall have the right to use the road and
infrastructure referenced above as necessary for its use of the Premises. The City shall have the
right to use the road so long as it does not interfere with WFC's use and occupancy of the
Premises as allowed under its Lease with the City.
7. Maintenance and Repair
So long as WFC is the Lessee of the Premises it shall be responsible for the maintenance
and repair of the drive during the term of its Lease with the City of Bangor, provided that,
however, Lessor shall be responsible for the cost of repairs for any damage caused by its use of
the drive.
8. Governing Law
This agreement shall be governed by the laws of the State of Maine without regard to
choice of laws.
9. Authority to Execute
The undersigned hereby warrant and represent that they have proper authority to enter
into this agreement on behalf of their respective parties.
Witness
Witness
16-346
SEPTEMBER 12, 2016
WATERFRONT CONCERTS, LLC
Name: Alexander Gray
Title:
CITY OF BANGOR
Name: Catherine M. Conlow
Title: City Manager
WATERFRONT BACKSTAGE ACCESS DRIVE PROJECT- COST SHARING BREAKDOWN
SOURCE: BID RESULTS 1/22/2016
UPDATED: 3/24/2016 Appendix A
SCOPE:
16-34(0
SEPTEMBER 12, 2016
Construction of backstage access drive, 20' paved width and 4' gravel shoulders each side, including common excavation, grading, and filling, paving, curbing, installation of underground conduit and lighting, 2"
diameter force main, new 6" water main for fire service, hydrant and 2" domestic tap with curb stop, service box, rod, and hot box, fencing, gates, signage, construction of a wet pond for stormwater treatment,
buffer plantings, and all other incidentals or appurtances required to complete the project.
Item Description
QZY
Unit BID Unit Price
City Units
WFC Units
City Price
Total
WFC Total Price Construction Bid Notes
Price
1 Mobilization
1
LS
$27,546.60
0.5
0.5
$13,773.30
$13,773.30
$27,546.60
2 Common Excavation, Grading, and
5040
CY
$16.00
2520
2520
$40,320.00
$40,320.00
$80,640.00
3 18" Thick Gravel Subbase
2300
CY
$21.00
1150
1150
$24,150.00
$24,150.00
$48,300.00
4 6" Thick Gravel Base
800
CY
$19.00
400
400
$7,600.00
$7,600.00
$15,200.00
5 6" 0 Underdrain Pip ng
140
LF
$15.00
70
70
$1,050.00
$1,050.00
$2,100.00
6 Pond Inc. excavation
1
LS
$25,425.00
0.5
0.5
$12,712.50
$12,712.50
$25,425.00
6' Black Coated Chain Unk Non
7 Securi Fence w/ 6' wide gate
546
LF
$37.50
273
273
$10,237.50
$10,237.50
$20,475.00
8 2" HDPE Force Main
1060
LF
$20.00
530
530
$10,600.00
$10,600.00
$21,200.00
9 Pump Station No City Share
1
LS
$10,800.00
0
1
$0.00
$10800.00
$10,800.00
30 8" 0 PVC Sewer
10
LF
$30.00
5
5
$150.00
$150.00
$300.00
Water Inc. fittings, fire, domestic,
11 hydrant, hot box, curb stop
1
LS 1
$9,450.00
0.5
0.5
$4,725.00
$4,725.00
$9,450.00
4'0 Manhole with FM core and link
12 seal
8
VF
$350.00
4
4
$1,400.00
$1,400.00
$2,800.00
13 4' 0 CB with beehive grate
6
VF
$350.00
3
3
$1,050.00
$1,050.00
$2,100.00
14 8" 0 SICPE drain
285
LF
$15.00
142.5
142.5
$2,137.50
$2,137.50
$4,275.00
Fee to tap exist. power source (Emera)
15 No City Share
1
LS
1
$0.00
$0.00
$0.00
3" 0 Sch. 80 PVC Electrical Conduit
16 and Wire
1200
LF
$5.00
600
600
$3,000.00
$3,000.00
$6,000.00
17 Light Posts and Lams
7
EA
$6,023.27
3.5
3.5
$21,081.45
$21,081.45
$42,162.89
18 No Parking Signage
3
EA
$250.00
1.5
1.5
$375.00
$375.00
$750.00
19 HMA Pavement - 20' width 4" depth
800
TON
$113.78
400
400
$45,512.00
$45512.00
$91,024.00
Concrete Curb along Lincoln Street
20 radius
230
LF
$10.17
115
115
$1,169.55
$1,169.55
$2,339.10
21 Pavement Marking tines
1000
LF
$2.00
500
500
$1,000.00
$1,000.00
$2,000.00
22 Rip Rap
150
CY
$25.00
75
75
$1,875.00
$1,875.00
$3,750.00
23 Buffer Plantings - Eve reen Fir Tree
15
EA
$45.00
7.5
7.5
$337.50
$337.50
$675.00
24 Buffer Plantings - Deciduous Tree
2
EA
$20.00
1
1
$20.00
$20.00
$40.00
25 Buffer Plantings - Shrubs
12
EA
$60.00
6
6
$360.00
$360.00
$720.00
28' wide x 4' tall black dec. driveway
26 gate Inc. posts, freight
1
EA
$8,350.00
0.5
0.5
$4,175.00
$4,175.00
$8,350.00
27 Sedimentation and Erosion Control
1
LS
$5,000.00
0.5
0.5
$2,500.00
$2,500.00
$5,000.00
28 Loam and Seed
3600
SY
$3.95
1800
1800
$7,110.00
$7,110.00
$14,220.00
29 SLODA Minor Amendment Fee
1
LS
$1,363.00
1
$1,363.00
$0.00
$1,363.00 Paid by City with 2/9/2015 DEP application
30 Field Inspection
300
HR
$47.44
150
150
$7,116.00
$7,116.00
$14,232.00
31 Permits - Street/Sewer Connection
1
Is
$1,817.20
0.5
0.5
$908.60
$908.60
$1,817.20
31 Pavement Fabric
1
LS
$5,040.00
0.5
0.5
$2,520.00
$2,520.00
$5,040.00
32 Bangor Gas Relocation
1
LS
$6 OOOAO
0.5
0.5
$3,000.00
$3,000.00
$6,000.00
32 4" UD Install ad'. Gravel Area
1
LS
$8,750.00
0,5
0.5
$4,375.00
$4,375.00
$8,750.00
33 Pond liner
1
LS
$10,000.00
0,5
0.5
$5,000.00
$5,000.00
$10,000.00
Total Cost of Construction
$242,703.90
$252,140.90
$494,844.79
Deductions to City
Reimburse 1/2 of Demolition Costs
of 17 Lincoln Street with Total Cost
of $12,956.00
$6,478.00
Sloda Permit Fee Alread Paid
$1,363.00
Total Amount City Owes WFC
$234,862.90