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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_ gr 16-346 SEPTEMBER 12, 2016 Assigned to Councilor Durgin •i,B=Nc sr 4 /= CITY OF BANGOR \qpm, � try •s � ATED.F (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 0 b 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