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HomeMy WebLinkAbout1978-10-23 420 AF ORDER920 AF Introduced by Councilor Saucy, October 23, 1978 CITY OF BANGOR (TITIEJ (DrUrr AuchoriZing Ci4Y Manager to Enter into Contracts With the State Planning Office - Coastal Zone Management Projects By the City CousoU of the City of Bumper: ORDERED, THAT WHEREAS, the City Council has previously authorized the City Manager to file Applications with the State Planning Office for Coastal Zone Management funds for two projects, namely, preliminary planning for a Marina and docking facility, and to undertake an inventory and planning of shoreland areas, and WHEREAS, said Applications have been approved and Contracts have been received by the City for execution, NOW THEREFORE, be it ORDERED, that the City Nanagger be and hereby is authorized to enter into said Contracts withthe State Planning Office on behalf of the City, a copy of each Contract being on file in the City Clerk's Office. STATEMENT OF PACT Bangor's allocation under this program is $10,416.00. Council Order No. 235 AP passed May 8, 1978 allocated a portion of these funds to match the total allocation to the Tow of Hampden for Marina and docking facilities planning; the City's share of that project is $5,640.00, and the total project is $12,408.00, which includes a 10% bonus. Council Order No. 247 AF passed May 22, 1978 allocated the remaining City share to be used for the inventory and planning of shoreland areas in Bangor, which amounts to $4,776.00. N CITY COUNIn OCTOBER 23.19']8 aD AF passed _ O R D E R Title, ,.CGZ�..�— AUTHORIZING CITY MANAGER TO ENTER INTO. CTTY CLERK '. -.................................. CONTRACTS WITH TRE STM IT,ANNING OFFICE . CCASTAL ZONE MANAGEMENT PROJECTS. het.eaaeea a ar aKf� - 11 1 F^ standacd Form 1nt li',Y Vudcral Suo-Gv aas On � 1!- J /I 'Fess-throuvh".Programs ✓ ll I. Appropriation Number 3024-1008-6401 4. Contract Number 2. Dollar Amount 34,]]6 S, -'Encumbrance Num 3. Termenation Date b: Date Received THIS AGREEMENT, made this > day of _ o 197 a by and between the State of Maine, Depmtmentof Executive, State Planning Office hereinafter called "Department" and City of Banger - - hereinaltercolled "Contractor". The type of organization of the Contractor is: _ 1. An individual doing business or 2. Apartnership. -_� 3. AmusniciEol corporation. _ 4. Or The principal office of the Contractor is located at. Ciw Hail, 73 Harlow Street n,......., nn..:.,. neem - The Employer Identification number of the Contra&. or. 'is WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made aM performed by the Department, the Contractor hereby agrees with the. Deoeement_[ofymlah all quolirred personnel, facilities, materials and services and Riconsultation with the Department, perform the services, study or project described in der A. The following riders are hereby incorporated into this contract by reference: Rider A- Sis"Hicatiore of Work to be Performed Rider B- Payment and Other Provisions - 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 facilitate sWrontracting/subgranting of certain by: Federal funds £zone the state to other gllen Pease, Director entities in the state, for the Politic ��------------.___-_____- -___-_ benefit; it has been revi wed and'Cit of Ban or epamved as to fare by the Attorney annacfor General -and i on file with the Contract Review coamittee. by: . RIDER A Specifications of Work to be Performed The City of Bangor contracts with the State Planning Office to prepare a: - SHORELAND INVENTORYAND PROPOSED LAND USE REGULATIONS A - Project Description This portion of Banger's coastal planning efforts will focus an the Penobscot River and Kenduskeag Stream. The two water courses have different problems and planning needs. The Penobscot frontage has awide range of existing uses and is subject to the pressures of "intown" urban development. The Kenduskeag, 'which is more sparsely developed, is a major open space element of the City's Land Use Plan. The 3W Project will include several items: low level aerial photography, 2 -foot contour mapping, an analysis of land use and physiographic conditions; and the development of land use/zoning recommendations for these areas. City Planning and Engineering staff will undertake most of the project, while the James W. Sewall Company will be responsible for the aerial photography and topographic information. This will be nine month project. B - Work Program and Schedule Month 1 City Engineer's Office prepares control for topographic mapping. Month 2 Consultant takes aerial photography and compiles topographic information. Month 3 City Planning staff drafts topographic maps. ` Months 4 & 5 Planning staff analyzes physiographic conditions and land use on Kenduskeag Stream frontage areas and from Kenduskeag Stream to Buck Street on the Penobscot River. - " Months 6 & 7. - Planning staff maps physiographic conditions and land use along Kenduskeag frontage and Penobscot River. Months 8&9 - Planning staff develops land use zoningrecommendations far sh«eland areas. C- Project Budget - Staff $4,200. ContracNal 4,776 Other 5 Total 9,06($4,7/6 coast ,$4,250 local) D - Project Manager Mr. John M. Lorde Planner Officer - Tel: 947-0341 ext. 244 73 Harlow Street - Bangor, ME 04401 , E - Payments and Schedule The State Planning Office will pay the City of Bangor for this project upon receipt of appropriate bills and satisfactory evidence of work completed according to the following schedule: - Product :Payment Schedule' " Approved contract and 331/3% of total Month 1 First bill - Protect amount " Evaluation of progress During month 4 Written progress report (project manager) Site visit (SPO) '. Second bill - - _ End of month 4 -. 33 1/3% of total Middle of month 5 . protect amount - Draft final product or Beginning of month 9, summary report Completed product and End of month 9 .Third bill - 331/3%of joint Middle of month 10 project amount 'Months counted from project start-up date, but no longer than one year from federal - approval of the State Coastal program. F. Work Products The products to be delivered to the State Planning Office are: a) One copy of draft and three copies of final repom, maps, ordinances, news- letters,surveys, or other documents as they are developed. In the case of nonreproducible maps, two colored slides of each map shall be provided, b) If not wholly covered in (a) a complete description of the work performed for the completion of the project. Originals shall remain the property of she community. G. Responsibilities of Project Manager The project manager will be responsible for making sure that the terms of this agreement have been met. This inclividuol will manage the project which will 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, H. Project Evaluation The State Planning Office will evaluate the project prior to the above payments schedule bored upon progress reports, Interim documents, and final products submitted by project managers and field visits to the community. I, Budgetary Policia to be Adhered To - Any funds not spent during she grant period shall be remmed. to 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. - A copy of each annual town audit report which covers the coastal grant period shall be forwarded to the State Planning Office when available, - Mileage costs shall not exceed the rate paid to State employees which 1s currently 13 cents per mile, - Subcontracts shall be in the same form as the contract between the community and the State and shall be subject to the some general term, conditions, and covenants, - Who subcontracting with private consulting services for over {bog, the community must request three or more proposals or advertise the project for three consecutive days in a daily paper before entering lute an agreement unless no approval is obtained from the State Planning Office for a mie-source subcontract Tole -source armangemenb may be entered into only in special cases such as when specialized knowledge or equipment is necessary. J. Project Credits All final maps, newsletters and reports shall contain the following statement: - "Financial pulgtatied for preparation of this document has been provided by the Comml Zone Management Act of 1972, administered by the Office of Coaxal Zone Management, National Oceanic and Atmospheric Administration," and shall indicate that the work has been conducted as part of the Coastal Program of the Maine State Planning Office. K. Federal Grant Conditions In carrying out the provisions of this contract, the grantee shall conform to the following conditions which the federalOffice of Coastal Zone Management has attached to the state Coastal Program Grant Award: - - For any project which involves planning for facilities such as docks, piers, wharves and mooring sites, the community shall make Provision for public rental or courtesy slips, moorings or similar facility without regard to residency. No project shall include final implementation design or construction activities except in the case of a Special Waterfront Grant or Preservation/Restoration Project and when prior approval of the State Planning Office has been obtained. All feasibility studies she 11 include an assessment of the impact of the project on the environment. In projects involving town -wide mapping (land use, natural monotone etc., but excludingtax mapping), maps shall be drafted of a scale of one inch equals one thousand feet (1"= I,000') unless prior approval is obtained from the State Planning Office. Payment and Other Provisions . 7. CONTRACT SUM. The Department shpl l -pay the. Contractor for the performance of the correct in current funds the sum of $4 A6 (Four thousand seven hundred and seven- ix dollars L Progress payments on a�eDunt of t e Contract s o made each month as follows:. 66% of the valve of the work performed as cern Fled by the Contract Administrator: The remaining 3 %shall be paid after the final conteN products are delivered to the Department and accepted by the Department in writing. 2. INVOICES AND PAYMENTS. Payment shall be made by the Department within 15 days after receipt of an approved itemized invoice submitted by the Contractor upon his usual billing form or business letterhead. 3.. BENEFITS AND DEDUCTIONS. The Connector understands and agrees that he is on Independent Contractor for where no Fed'eei or State Income Tax will be deducted by the Deportment, and far whom no retirement benefits, survivor benefit insurance, Rage life insurance, vacation and sick leave, and similar benefits available to State employees will accrue. The Contractor further understands that annual information .Returns as required by the Internal Revenue Code or State of Maine Income Tax Low will be filed by the State Controller with the Internal Revenue Service and the State of Moine Bureau of Taxation, copies of which returns will be furnished to the Contractor for his Income Tax records. - 4. INDEPENDENT CAPACITY. The p I artisthereto agree that the Contractor, and any agents and employees of the Contractor, in the performance of this agreement, shed aces in an independent capacity and not as officers or employees or agents of the State. S. CONTRACT ADMINISTRATOR. All invoices, progress reports, correspondence, and related submissions from the Contractor shall be directed to: .Nome: t!*-, Dom'ni Title: - local Gear Admuia44eror Address: Icy State Stmeq ,.WI who ME 0 who is designated as the Contract Administrator on behalf of the Department for this Contract. 6. DEPARTMENTS REPR ESE MATIVE.The Contract Administrotarshal l be the Department's representative during the period of this agreement., He has authcrHy to stop the work if necessary to houns;is proper execution. He shall certify to the Department when paymmh under the confect are due and. the amounts to be paid. He shall make decisions on all claim of the Contractor, subject to the approval of the Head of the O•comment. - F. PERIOD of .ER.roh L410E.- The Contractor shall: A. -work when called by the Department. R. Use due diligence Uto complete the work within a reasonable time. X C. Complete the work no later than _D. If the work is not completed by., Contractor Shall pay.Uepertment as follows 8. SUBCONTRACTS. Subcontracts shall be made consistent with SIORRegulations. 9. SUBLETTING, ASSIGNMENT OR TRANSFER. The Contractor shall not sublet, sell, transfer, assign, or otherwise dispose of this agreement Or any Portion thereof, or of his right, title or interest therein, without written request to and written consent of the Contract Administrator, except to a bank. No subcontracts or transfer Of agreement shallin 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 brcause of race, color, religious creed, s national origin, ancestry, age or physical handicap, unless related to a honafide occupational qualification. The Contractor will take affirmative action to insure that appli- ants a employed and employees are treated duringemploymant, without regard to their race, color, religion,age o national origin. Such action shall include but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertisinq; layoffs or terminations; rates of Pay Or other forms of compensation; and 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 this nondiscrimination clause. b. The Contractor will, in all solicitations or advertising for employees placed by or on behalf Of the Contractor relating to this agreement, state that all qualifiedapplicants will r sideration for employment without regard to r color, religioususuncreed, sex, national origin, ancestry, age, physical handicap. The Contractor will send to each lator union representative of the c workers with which he has a collective or bargaining agreement,, or Other contract or understanding, 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 anion or workers' Yepresentative of the Contractor's commitment under this section and shall Fast copies of the notice in COSSPicuLOW places available to employees Red to applicants for employment. d. The.Contractor will cause the foregoing previsions to be inserted i any subcontracts for any .oak covered by this agreement Usthatsuch provisions shall be binding Upon each subcontractor, provided that the foregoing o shall not apply to contracts o subcontracts for standard commercial supplies or raw materials. The Contractor, or any sub -contractor holding a contract directly under the Contractor, shall, to the maXimwT feasible, list all suitable employment openings with the Maine Employment Security Commission. These provisions all not apply to employment Openings which the Contractor, o any son - contractor holding a contract under the Contractor, proposes to fill from within its own organisation. Listing of such openings with the Employment Service Division of the Maine Employment security Commission shall involve only the normal obligations- which attach to Ruch listings. a. Each contractor or subgrantee shall have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion,creed, national origin, sex, andage and which specifies goals and target dates to assume the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantses a" to assure that suspected or reported violations are promptly investigated. 11. £+U'LCACENT AND PERSONNEL. The Contractor shall not engage On a full -tine, part-time or other basis during the period of thisagreement, any professional or technical personnel who are ve r habeen 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 Contractor shall not engage on this project on a full-timem part-time or other -basis during the period Of this agreement any retired employee of the Department wine has met been retired for at least one year, without the written consent of the Contract Review Committee. 13. STATE EPLWYEES NOT TO BENEFIT. No individual employed by the state at the time this contract is executed o any time thereafter shall be admitted to any share or part of this contract or to any benefit that may amise therefrom directly or indirectly due to his employment by or 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. w.1FRANTI'. The Contractor warrants that it has not employed or written any company or person, other than a honafide employee working solely for the Contractor to solicit am secure this agreement, and that it has not paid,ragreed to pay any company or per other than a bonaffei employee Working solely for the Contractor any fee, commission, .percentage, brokerage fee, gifts, a any other consideratio contingent upon, o resulting f om the award for making this agreement. nFor breach of violation of this warranty the Department shall have the right to annul this agreement without liability or, in its discretion to deduct from the contract price or sideration, or otherwise recover the full exeunt of such fee, o' mission, peroentaga, brokerage fee, gifts, or contingent fee. 14. ACCESS TO RECORDS. The Contractor shall maintain all books, documents, payroll:'„ paper accounting records and other evidence pertaining t u cost incurred under this agreement and to make such materials available at their offices at all reasonable nable times during the period of this agreement and forthree-yearsfrom the data of the, expiration of this agreement, for inspection by the Department or any authorised representative of the State of Baine 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 authorized representatives, :,hall have access to any Woks, documents, papers, and records o the r onlractor which are directly pertinent to a specific grant psran for, the purpose of making audit examination, a erpLs, and tan criptiws. 15. T 41NATION. The performance of work under the Contract may he terminated by the Department in whole, or, from time to time, in part whenever for any r rai n the Contract Administrator shall determine that such to is in the best interest of Me Department. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of the work under the contract s terminated and the data on which such termination becomes effective. The Contract shall be equitably adjusted to Compensate foe such termination and the Contract modified accordingly. In any event, this contract shall terminate o 19—. 14. COVGANMPNTAL PEQOIHFiENTE. The Contractor warrants and represents that all governmental ordinances, laws and regulations shall be complied with. a. Contracts and subgranta of amounts in excess of $100,000 shall contain a provision which requires the recipient W agree to comply with all applicable standards, orders Or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Regional Office of the Environmental protection Agency'. . b. All Contracts and subgrants with governmental and non-profit ages dull include provisions for payment on a not -to -exceed, cast -incurred, n ed, non-profit basis only. 17. IN,,,f, VCATION AN0 YEPe'OPMANC6. This Agreement Shull be governed by The laws of the State of Maine as to interpretation and performance. 10: STATE HELD HARMLESS. The Contractor agrees to indemnify, defend and as" harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance Of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be 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, arisiag out of publication', translation, reproduction, delivery, perEormance, use r dispositio 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 no obligation for Aimbursement to the Federal government resulting from audit exceptions or for any other reason, and all such obligations - shall be assured by the contractor. - - - 19. This contract is Subject to the encumbrance of .funds by the State Controller! 30. MMItI AGPEUYSMl. This contract contains the entire agreement of the - parties, and neither party shall be bound by any statement or representa- tion not contained herein. - r - Standard on Foam Federal $ah-CuntYa<Ca "Pans-thZth iooagPeo4Zas w I , Appriation Number x3024-1008-6401 n '4. Cantron Number 2. Dollar Amount 512.408 5. Encumbrance Numb 3, Termination Date June 6, 1979 _6. Date Received THIS AGREEMENT, made this -61h day of October 1918 , by and between the State of Maine, Deporment hf Executive, State Planning Office hereinafter called "Deportment" end City of Bangor; Town of Hampden hereinafter called "Canfrecb:". The type of organization of the Contractor Is: 1. An Individual doing business as -- 2. ApaRnenhip. X 3. A municipal corporation. 4. Oe The principal affice of the Contractor is lacated at Benyon Ciry Hall, ]3 HarlowStr=eat Bangor, Maine04401 Hampden Town Office, Box 142 Hampden H' 61aods MMoineQ4 1( The Employer Identification number of the Conim taf is WITNESSETH: That for and in consideration of the payments and agreements hereinoBer menkionad, to be made and performed by the Department, the Cantranor hereby agrees w;tb :he Deoadment}, furnish all gaalMed personnel,facilities, materials and services and consultation with. -he Department, perform the services, study or project described in Rider A. The following riders are hereby incorporated into this contract by reference: Rider A - Spedficotiom of Work to be Performed Rider B- Poymem urd Other Pmvisiom - IN WITNESS WHEREOF, the Department and the Contractor, by their represerievives duly authorized, have executed this agreement in triplicate originals as of the day and year first above written. ' MAINE STATE PLANNING OFFICE This seasoned Conneaut is to facilitate subcontracting/subgranting of certain by: Federal funds from the State to other Ilm Pe Di_ aeon entities in the State, for the public ��-----'4'----- benefit; it hes been reviewed and Citv of Banner approved as to fare by the Attorney Contractor General and is on file with the Coattact Review Committee- Town of Homaden C erect A by. RIDER A Specifications of WorkTo Be performed - The City of Bangor and the Town of Hampden contract with the State Planning Officeto undertakes SITE PLANNING FOR A MARINA AT TURTLE HEAD AND A SATELLITE FACILITY IN BANGOR. A. Prolect Description . Bangor and Hampden are working jointly to develop a full -facility marina at Turtle Head on the Penobscot River in Hampden and a satellite facility located in Bangor. Coastal funds will be used to do a feasibility study and to prepare preliminary layout plans for the sites; the Hampden site will include docks, siips, moorings, boar ramps, parking and landscaping. The James W. Sewell Company and Maine Test Borings will be hired to work with the Town Manager of Hampden and City Engineer of Bangor. An environmental assessment will be included In the study. The project shall not include any final design work and the facility will be open to the putt is without regard to reddency. The study will also consider the feusibi Gly of boat rental foci lifles. B. Work Program - Month 1 - Middle month 3 - - Committee of total officials meet with James W. Sewall Co. to discuss objectives and desired facilities for the two sites. - James W. Sewal I Co. prepares topographic maps of the sites, including bottom elevations of the river, and takes river Flow measurements. Limited assistance is given by the Bangor City Engineer's Office. - Mai no Test Borings col l acts and anal yzes test borings. Middle month 3 -Middle month6 - James W. Sewall Co. undertakes an engineering feasibil ity study, including an assessment of the environmental impacts of the proposed facilities. - Consultant meets with Committee local officials and interested public to discuss findings and implications of feasibility study.. - Consultant presence prelimiiwry site plans. Middla�momh S -Month 8 Consultant meets with local officials and interested public to present preliminary layout plans. Cornuhant incorporates comments into and completes feasibility report and preliminary layout plans. - - Consultant presents completed report and plans to local officials. C. Project Budget Staff $ 200 Contractual 15,000 Other� - 100 y�ry s �,'JU($12,408 Coastal; 2,892 Local) D. Project Manager John T. irowley- "Tel: 9474)341 City Engineer Bangor City Hall 73 Harlow Street Bangor, Maine 04401 E. Payments and Schedule 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 following schedule: - Product _ .'Payment Schedule'. Approved contract and ---331/3%of total Month First bill _ project amount Evaluation of progrea: Middle nronrh 4 Written progress report - - (project manager) - Sitevisit(SPO) Second bili - - '.End of month 33 1/3% of total Middle of month 5 project amount Draft final product or . Beginningofmonth 8 summary report Completed product and _ End of morth 8 Third bill - - 331/3%of total - - Middle of month 9 project amount ' - - t •Months. counted from project start-up date, but no larger than one yeaf Fran federal approsal of the State Coastal Program.' - F. Work Products The products to be delivered to the State Planning Office ore: a) One copy of draft and three copies of Final reports, maps, ordinances, news- letters, surveys, or other documents as: they are developed. In the case of onreproducible maps, two colored slides of each map shall be provided. b) If not wholly covered in (a) a complete description of the work performed for the completion of the project. Originals shall remain the property of the community. G. Responsibilities of Project Manager The project manager will be responsible for making sure that the terms of this agreement have been met. This individual will manage the project which will 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, H. Project Evoluctm The Snare Planning Office will evaluate the project prior to the above payments schedule based upon progress reports, interim documents, and final products submitted by Project managers and field visits to the community. 1, Budgetary Policf es to be Adhered To - Any funds not spent during the grant period shall be returned to the State Planning Office, - 6penditures 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. - A copy of each annual town audit report which covers the coastal grant Period shall be Forwarded to the State Planning Office when available, - Mileage costs shall not exceed the rate paid to State employees which is currently 13 ants per mile, - Subconiroch shall be in the same form as the contract between the community and the State and shall be subject to the same general terms, conditions, and covenants, - When subcontracting with private consulting services for over $600, the community must request three or more proposals or advertise the project for three consecutive days in a daily Paper before entering into an agreement unless+mor approval is 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. J. Project Credits All final maps, newsletters and repos shall contain the following statements "Financial assistance for preparation of this document has been provided by the Coastal Zone Management Act of 1972, administered by the Office of Coastal Zane Management, National Oceanic and Atmospheric Administration." and shall indicate that the work has been conducted as pan of the Coastal Program of the Maine State Planning Office, K. Federal Grant Conditions In carqing out the provisions of this contract, the grantee shall conform to the following conditions which the federalOffice of Coastal Zone Management has attached to the State Coastal Program Grant Award: For any project which involves planning for facilities such as docks, piers, wharves and mooring sites, the community shall make provision for public rental or courtesy slips, moorings or similar foci lily without regard to residency. No project shall include final implementation design or construction activities except in the case of Special Waterfront Grant or Preservatim/Restoration Project ard when prior approval of the State Planning Office has been obtained. All feasibility studies she II include on assessment of the impact of the project m the environment. In projects involving town -wide mapping (lard use, natural resources etc., but excluding tax mapping), maps shall be drafted at a scale of one inch equals me thousand feet (1"= 7,000') unless prior approval is obtained from the State Planning Office. Payment and Other ProvistQns T. CONTRACT SUM. The Department shall pay the Corshocror for the performance of the contract in current funds the sum of jLLAo8 fissus� Four hundred and of hi dollars )• Progress payments on account of t e contract s at a made eac month as follows: 66% of the value of the work performed as certified by the Contract Administrator. The remaining 34% shall be paid after the Final canto<t products are delivered to Poe Department and accepted by the Department in writing. 2. INVOICES AND PAYMENTS. Payment shall be mode by the Department within 15 days after receipt of an approved itemized invoice submitted by the Contractor upon his usual billing fonts or business letterhead. 3. BENEFITS AND DEDUCTIONS. The Contractor understands and agrees that he is an Independent Contractor for whom no Federal or State Income Tax will be deducted by Shc Department, and for whom no retirement benefits, survivorbenefit insurance, group life insurance, vacation and sick leave, and similar benefits available to State employees will accrue. The Contractor further understands that annual information Returns as 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 cad the State OF Maine Bureau of Taxation, copies of which retums will be furnished to the - Contractor for his Income Tax records. 4. INDEPENDENT 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 ADMINISTRATOR. All invoices, progress reports, correspondence, and related submissions from the Contractor shot be directed to: Name: Holl Domird Title: Loral Grant Administrator Address: 189 Store Street, Auguste. ME 04333 who is designated as the. Contract Administrator an behalf of the Department for this Contract. 6, DEPARTMENT'S REPRESENTATIVE.. The Contract Administrator shot l be the Department's representative during the period aF this agreement.. He has authority to step the work if necessary to insure its proper execution. He shall certify to the Deaertmeti when payments under the contract are due and the connotes to he Paid. He shall make decisions on all claims of the Contactor, subject to the approval of the Heod of the ]. PERIOD 0[' PEBVGR49SiG'.. The Centracter shall: - A. Work when called by the Department. 9. Use due diligence ro complete the work within a reasonable time. .­5�—c. complete the work no later than June 6, 1979 _D. If the work is not completed by contractor shall pay Department as follows S. SUBCOMIPACTS. Subcontracts shall he made consistent with 5LON Regulations. 9. SUBLETTING. ASCIORKENT OR TRANSFER. The Contractor shall act sublet, sell, transfer, assign, or otherwise dispose of this agreement o any portion thereof, o r o£ his right, title o interest therein, without s written request to and written consent of the Contract Administrator, except to a bank. No subcontracts or transfer Of agreement shall in any case release the Contractor of his liability under this agreement. 10. EpJAL WPLOYNEPTT OPFORTIMITY. Pariag the performance of this contract, the Cantractor agrees as follows:. A. The Contractor will not discriminate against any employee or applicant for employment relating to thisagreement I&Cause Of r Color, . religious creed, s national origin, ancestry, age Or physical handicap, unless relate] to a bonafide occupational qualification. The Contractor will take affirmative action to in re that appli- cants are employed and employees are treated during employment without regard to their race, color, religion, 5 age o national origin. Such action shallinclude but not L limited to the following: employment, upgrading, demotions, r transfers; recruitment o rm recruitment advertising: layoffs Or terminations; rates of pay Or other forms of compensation;and 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.this nondiscrimination clause. - b. The Contractor will, in all solicitations or advertising for employees placed by or on behalf of the contractor relating to this agreement, state that all qualified applicants will receive consideration for employment without regard to race,color, religious Dread, sex, national origin, ancestry, age. or physical handicap. 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 unaorstanding, whereby he is furnished with labor for the performance of this Contract, a notice, to be provided by the Contracting depwckwwnq or agency, advising the said labor u^ion or workers, representative of the Contractor's commitment underthis section and shall post copies of the notice in conspicuous places available to employees are toapplicants for employment., ]. PERIOD OF PORiOR:MECE. The Contractor shall: " — A. Work when called by the Oepnrtment. P. Ose due diligence bo complete the work within a reasonable time. -X—C. complete the work no later than June b, 1979 O. It the work is not 'campleted by Contractor shall pay vepartment as follows S. SUBCONTRACTS. Subcontracts shall be made consistent with State Regulations. 9. SUBUTTING, ASSIGNMENTORTRANSFER. The Contractor shall not sublet, sell, transfer, a sign, or otherwise dispose of this agreement o any portion thereof, o r o£ his right, title o interest therein, without s written request to and written consent of the Contract Administrator, -except to a bank. No subcontracts or transfer of agraement shall in any case release the Contractor of his liability Ogden this agreement. 10. EQGAL ENPIAYMEN'f OPPORTUNIiz . 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 r color, religious creed, s national origin, ancestry. age or physical - handicap, unless related to a Wmfide occupational qualification. The Contractor will take affirmative action to insure that appli- ants are employed and employees aretreatedduring employment, without regard to their ccolor, religion,age o national origin. Such actio shall include but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or texminatie rates of pay o other forms of compensation: and selection for training including 'apprenticeship. The Contractor agrees to Post in cronspfeuous places, available to employees and applicants for employment, matinee setting forth the provisions of this nondiscrimination Clause. b. The Contractor will, i all solicitations o advertising for employees placed by o n behalf sof the Contractor relating to this agreement, state Nat all qualified applicants will x consideration for employment without regard to race, color, religiocreed, sex, national origin, ancestry, age, or physical handicap. e.- The Contractor will send to each latest Union Of XaPresentatavx of the workers with which he has a collective of bargaining agreement, or otbar contract or understanding, whereby he is furbished with labor for the performance of Nis contract, a notice, to be provided by She contracting department or agency, advising the said labor union or workers representative of the contracter's commitment Order this section and shallPast copies of the notice in conspicuous places available to emplgyaes and be applicants for employment. "- d. The Contractor will cause the foregoing provisions to be inserted i any subcontracts for any work covered by thisagreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard c ial supplies o materials. The Contractor, or any s - ontra for holding a contract directly under the Contractor, shell: to the roan um feasible, list all suitable employment openings n with the blaiEmployment Security Commission, Y , These provisions shall not apply to employment openings which the Contractor, or any sub- contractor holding a contract under the Contractor, proposes to fill from within its own organization. Listing of such o ings with the Emoloynent 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 acn plan az which declares that it does not discriminate on the basis of race, color, religion, creed, national origin and age and which specifies s goals and merger dates he assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors d subgrantees and to assume that suspected or reported violations am promptly investigated. 11. LLEWYNPMT AND PSEDomsEE.- The Contractor shall not engage on a full-ti.ra, part-time or other basis during the period of this agreement, any professional r technical personnel who a r 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 Contractor shall not engage o this project on a full-time, part-time or other basis during the period 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 Contract Review Committee. 12. STATE DTCC ES NOT W We SPIT. No individual employed by the State at the time this contract is executed or any time thereafter shall be admitted to any share or part of this contract or to any benefit chat maY arise therefrom directly or indirectly duetohis employment by or financial interest in the Contractor or any affiliate of the Contractor. This prevision shall not be constzued to'extend to this contract if made with a corporation for its general benefit. 13. WARRANTY. The Contractor warrants that it has not employed or written any company or person, other than a bwufide employee working solely fror the Contractor to solicit or secure this agreement, and that it has not paid, or agreed to pay any company or person, other than a bonafied employee working solely for the Contractor any fee,. commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon, or resulting from the award for making this agreement. For breach of,violationof this warranty the Department shall have the right to annul this agreement without liability or, in its discretion to deduct from the contract price or sideration, or otherwise recover the full amount of s fee, commtssvon, percentage, brokerage fee., gifts, o contingentfee 14. ACCESS TO RECORDS. . The Ccatract.or shall maintain all backs, documents, 'payrol`::, papers, accounting records and athat evidence pertaining t - cost incurred under this agreement and to make such materials available - at their offices at all reasonable tines during the period of this agreement and fo[three years from the date of the expiration of this agreement, foIection by the Department o any authorized representative of the State of Gains and copies thereof shall be famished, if requested- a.The grantee, appropriate Federal agencies, the Comptroller General of _ the United States, o any of their dulyauthorized representatives, r shall nava access to sty books, documents, -paper , and records of The contractor which are directly' pertinent to specific cific grant pmgra for, the purpose of making audit examination, eucerpLs, and transcriptions. 15, 'TCRYIAATION. The performance of work under the wntract 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 suchterci,wtion is in the best interest of the Department. Any such termination Shall be effected by delivery to the Contractor of a Notice Of Termination specifying the extent to which performance of the work under ans Contract is terminated add the date on which suchteoricAtion becomes effective. The contract shall be equitably adjusted to OwbPwnsate for such termination and the contract modified accordingly. In any event, this contract shall termimate, on June 6 : 1979. 16. GOVERNMENTAL REQaIHFL2075. Tne Contractor warrants and represents that all governmental ordinances, laws and regulations shall be complied with. a. Contracts and subgrants of amounts in caressof $100,000 shall contain - a' prowhich requires the recipient to agree to comply with all , applicable standards, orders or regulations issued pursuant to the Clean Air Act Of 1970. Violations shall be reported to the Regional Office of the Environmental Protection Agency. b. All contracts and subgrants with governmental and won -profit agencies - shall include provisions for payment be a not -to -exceed, cost-ince^_ed, on -profit basis Only. 17 INTulPAE1'pTION AN, PEXI'OPMANCE. This agreement shall be governed by the laws of the State Of Maine as to interpretation. and performance. 10. STATE HELD MASNUE55. The Contractor agrees t0 indemnity, defend and save harmless the state, its officers, agenis.and employees from any and all ar claims and losses accruing or resulting to any and all contractors, - subcontractors, materialmen, Inhuman, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in with the performance of this contract, and from any and all connection claims and losses accruing or resulting to any person, firm or corporation who may be 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, arlsinJ Out Of publication, translation,reproduction, delivery, perforrance, use or dispositionofany data furnished under this antra,or based o any libelous other unlawful matter contained in such data. In relation to this contract, the state and the Department shall here no obligation for Aimbursement to the Federal goverroaant resulting from audit exceptions or for any other reason, and all such obligations shall be assumed by the contractor. 19. 1Tis contract is subject to the encumbrance of funds by the State Controlled I 20. EUTIRE AGRESNSMC. This contract contains the entire agreement of the parties, and neither party shall be Sound by any statement or representa- tion act contained herain.. -