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HomeMy WebLinkAbout2011-03-28 11-111 ORDERItem no, 0- Z Date: March 28 2011 Item/Subject: Order, Authorizing Public Wort¢ to Apply far a Maine State Planning Office Capital Investment Grant in the Amount of $25,000 for Construction of a Composting Site on Me Rnson Road. Responsible Department: Public Works Commentary: Public Works currently udllzes approximately 17 acres of land, lion Frisch Road and 11 on Griffin Road, for in -ground composting of leaves and yard waste. The Maine State Manning Of cs Is seeking applications for available Capital Investment Grants for up W $25,000 far recycling improvements. Public Works Is recommending the City, apply far a grant In the amount of $25,000 to consolidate our composting facility on one acre on the Flnson Road. if approved, the a"ll ll realize Improvements to our recycling operations, reduce the acreage of disturbed area far composting from 17 to 1 acre, and Improve storm water management. The grant requires a minimum 15% local match for recycling program improvements Which ran be provided by In-kind services. Staff Is proposing the use of $25,000 in grant money to purchase gravel and miscellaneous materials, and Public Works will provide $10,000 of in-kintl services in personnel and equipment for site preparation for the 15% match. The Infrastructure Committee reviewed this item and unanimously recommended Is the Council for approval. Itssociabad Information: order Department Head City Manager Plna" nce Director i by Solicitor Introduced for (/Passage _ First Reading Page _ a_ Referral �—1 wren 29. 2011 F. No, nseieoea to couoeuoe - cramck k CITY OF BANGOR (TITLE.) Order, Authorizing Public Works to Apply for a Maine State Planning Office Capital Investment Grant in the Amount of $25,000 for Construction of an Above Ground Composting Facility on the Finson Road BY THE CITY COUNCIL OF THE CITY OF BANGOR: BE IT ORDERED, THAT Public Works is authorized to apply for a Maine State Planning Office capital investment grant in the amount of $25,000 for construction of an above ground leaf composting facility on the Finson Road. IN CITY COUNCIL March 28. 2011 Motion Made and Seconded for Passage - Passed (TIELEJ.hutb2Ui1 public Natka.to Apply for a Naive State Ple®fog Office Capital Investment Grant in the Amount; of $25,000 for Construction of an Above Ground -Ga ost3ng Facility an the piston Need Awdgnad-to Coeougar CITY CLARK C-1 -G16- ;1011 06 16 -' of li_lll ., AdvantageME Cr No: STATEOFMAEJE STATE PLANNING OFFICE Agreement to Purchase Services THIS AGREEMENT, made this Lin day of May, 2011 is by and between the State of Maine, State Planning 015m hereiehowcalled"Depmtlaent,"and CiWofBarsor.Maine . Iocatedat 530MAine Ave.Baneor. ME 044Q1 , letephone mnnber 207-9924501, hereinafter called "Provider^, f the period of 12 months to May 131° 2012 . The Adaavlageb6 VoMo Caawehc numbs oftffi Pronda u VC100D007024 WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Deparenent, the Providerhereby agrees with the Department to famish all qualified personnel, facilities, mmerials and services and in consolation with the Deparwar , to perlbnn the services, study orprojects described in Rider A, end under the tame of this Agreement The following riders are hereby incorporated into this Agreement and made part of it by reference: Rider A - Specifications of Work to be Performed RidaB - Payment and Other Provisions Rider G-Idemification ofComty in Which Contacted Work will be Performed WITNESSETH, that this Contact is consistent with Executive Order 01 08/09 or a superseding Executive Order, and Complies with its requirements. IN WITNESS WHEREOF, the Department and the Provider, by then representatives duly authorized, have ezecu[ed dds agreaventnt four original copies. STATE PLANNING OFFICE By: SpAh �r._ �m6 Ra— p�ariDenH Deanne. 6uector of Operaeona ///��J p and E NCUMBERED �71�,IM. ( � 0 4 � Catherine Conloq City Manager By: [r�*wafxil9�rawxlraT�rras��xas Name, Title, Vevdor's Representative Total A.00 - pp ����� JUN 13 2011 - tE_ Approved: b>lJ/�+L i/%� d� ^�` __ - -47 Chair, Same 'eco Commitee BP54(Rev 9/07) PC co D�7 CD ��RANW1 AGBEEN@M TO PU&CHASE SEBVICES BPSl EO Complievttdoc ""MgelYlL+ ACCO CODING VC d.N�'N2C 535.WO.W 016 1655 Offip6 F AOR62MENTTOPIJIt< ASESERVICSS BP54 EO Cornpliaocedx RmFR A SPECIFICATIONS OF WORK TO BE PERFORMED 1. Project Title: Compost Pad Construction 2. Project Description: The CitvofBaaeor agreestomnsvuctctmtwstoad forthepuryoaeof imrensi the Ci 'sca i torn afmd a and erials ep er b residmUmdbusine s of Banner and create aproduct fo be used in site landscape t m ects 3. All work shall be performed as described in the grantee's application and its supporting documents if provided. 4. All projects must conform to all state and local codes and permitting requirements. 5. In summary, the grantee agrees to do the following: the Berger Recycling Program will develop an above groats 1 acre composting site to be located on Firiwrr Road. The acre pad will consist of compacted gravel and will be surrounded with a slightly elevated edge for leachate control. Municipalities that will be served consist of Bangor and the customers that landscaping comacmm serve from various surrounding communities. Item: Compost Pad Estimated Cost: $37,820.00 Schedule for completion: September 151h, 2011 6. Projects shall be completed within the period specified for this grant contract, unless extended by the State Planning Office. Extensions will only be granted for circumstances beyond the control of the grantee. Requests for extensions must be made in writing to the Ofce and approved 30 days prim to the expiration daze in this commet. 7. The tams of the contract wJl remain in force unfit the seventh anniversary of the project completion. Daring this period, the grantee must continue to own and use the project for its intended purpose. 8. The grentce will provide a project slams report to State Planning Office 12 months aRa the completion oftheproject. 9. Thegramucagreesto acknowledge the Office'sinznclal assismnw withlhis project iv all primmer electronic, audio/visual public notices, press releases, news articles, and signage related to the project for a period of t yea commending with the data of this contract. ]0. Any proposed substantial changes to Rider A must be submitted in writing or electronically to the Department, and most be pre -approved by the Department in order to determine if the proposed change will be allowed under the existing agreement if the proposed change meas the goals and objectives of the project and the grants program; and if contract amendment will be necessary. The Department will make its determination on the proposed change within ten days if its submittal. I SERVICES BPM EO Compliucwdcc i MMB METHOD OF PAYMENT AND OTHER PROVISIONS glieNREWr 2. EWOICESANDPAYMENTS The Deparmentwillpaythe Providerasfollows: A) The Deparmord will make payment and reimburse the Provider from paid invoices only. Copies of the paid invoices must accompany the requests mpaymem. Request Repayment shall bemade on the gramee'slettethedoronfiehcustoma miningform. B.) Paymentare lity of Wthe Provider'rmom compliance tons sau InHewithin Agreement avdsabjat p the rev®tbihtyoffu pThe Departmemwillprocess (30)da paymeatwithin d days. The provider mustmaka fivalpaymevt request with -in thirty (30)deys of the contmdt end date. - C.) Local Match Requirement The Provider shall have delivered evidence that ithas available, or has made arsngememe satisfactoryW the Department W obtain sufficient funds repay that portion (at least 1500) of the Project costs forwhich h is legally obligated and which will not paid orreimbmsed bythe Department hereunder. Local MaWb amount: $12,820.00 3. BENEFITS AND DEDUCTIONS If the Provider is an individual, the Provider understands and agrees fiat he/she is an independed contractor Wr whom no Federal or Stte Income Tax will be deducted by the Delsabnet, and for whom no marement bmelits, sunvivorbene5t insurance, group fife imurance, vacation and sick leave, and similar becomes available W Some employes will accrue. The Provider further understands OW annual information retums, as required by the Internal Revenue Code or State of Maine Income Tax Law, will be filed by the State Comrollcr with the Internal Revenue Service and the Sim of Maine Bureau of Revenue Services, copies of wbichwim be frmishedto the Provider forlds/her Income Tax records. 4. $DEPENDENT CAPACITY In the performance of firs Agreemem, fie parts hereto agree that the Provider, and any agent and employees of the Provider sball act in the eapany of an indepcndad connmencr hadnotas o6c as or auployes m agent of the grew. 5.DEPARTMENT'S REPRESENTATIVE no Agreement Adminisamor sball be the Deparmrent's representative during the period of this Agreemem. He/she has authority W curtail services if necessary W extum proper execution. He/she shall certify W the Department when payments under the Agreement are due and Ibe amounts to be paid. He/she sbmi make decisions on all claims of the Provider, subject W the approval of the Commissioner of the Department. 6. AGREEMENT ADMMISTRATOR All progress repents, correspondence and related submissions fiom the Provider shall be submitted W: Name: L Laolam-Ellis Title: Senior Plainer. Gram Admivisanmr Address: 38 SHS Auaut. ME 04333-0038 r AORffl�TT TD PI1ftCHASE SERVICES BP54 EO CompGmce.doc who is designated as the Agreement Administrator on behalf of the Department for this Agreement, except where specified otherwise in this Agreement. 7. CHANGES IN THE WORK The Department may order changes in the work the. Agreement Amount being adjusted accordingly. Any monetary adjustment or any substantive change in the work stall he in the form of an amendment, signed by both parties and approved by the Sate Purchases Review Committee. Said ameadment must be effective prior to execution of the work. 8. SUB -AGREEMENTS Unless provided for in this Agreement, an management shall be made by the Provider with any other party for furnishing any of the services herein contracted for without the consent and approval of the Agreernem¢ Administrator. Any sub -agreement herewde entered into subsequent M the exeemtion of dus Agreement most be mounted rated "approved' by the Agreement Administrator before it is reimbursable hereunder. This provision will not be take as containing the approval of contracts of employment between the Provider and its employees assigned for services thereunder. 9. SUBLETTING. ASSIGNMENT OR TRANSFER The Provider shall no sublet, sell, transfer, ensign or otherwise dispose of this Agreement or any potion thereof, or of its right, title or interest therein, without written moment to and written consent of the Agreement Administrator. No subcontracts or transfer of agreement shall in any case release the Provider of its liability under Otis Agreement 10. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreeme, the Provider agrees as follows: a. The Provida shall not discriminate against any employee or applicant for employment relating an Otis Agreement because of race, color, religious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation, undi related to a been fide occupational qualification. The Provider shall take affirmative action to ensure that applicants are employed and employees are treated during employment. without regard m their once, color, religion, sex, age, national origin, physical or mermtl disability, or am mal orientation. Such action shall include ben act be Omited to the following: employman5 W®edin& demotions, or transfers; recruitment or recruitmrn[ advertising; layoffs or terminations; razes of pay or other forces of compeosation; and selection for training including apprenticeship. The Provider agrees to post in conspicuous places available an employees and applicants for employment notices setting forth the provisions of this twndiscrimmation clause. Is. The Provider shall, in aO solicitations or advertising for employees placed by or on behalf of the Provider relating to this Agreement sate that all qualified applicants shall receive consideration for employment without regard to rete, color, religious creed, sex, national ad&, ancestry, age, physical or meW disability, or sexual orientation. C. The Provider shall eemd to each labor union orrepresemafive of the workers with which it has a collective bargaining agreement, or other agreement or edentandin& whereby it is famished with labor for Ne performance of Ws Agmement a notice m be provided by the contracting agency, advising the said labor union or workers' representative of the provider's commitment order this section and shall post copies ofthe notice in conspic tom places available to employees said apphctimsf employment. AGR68MENT TO PURCHASE SERVICES BP54 BO Cumptiavice.doc - d - The Provider shallinform theconnectingDepartment's Equal Employment Opportunity Coordinator of my discrimination complaints brought to an wernad regulatory body (Maine Human Eights Commission, EEOC, Office of Civil ]lights) against their agency by my individual unwell as my lawsuitregarding alleged discrimmucarypractice. e. The Provider shall comply with all aspects of the Americans with Disabititles Act (ADA) in employment and in the provision of service to include accessibility and ressonable accommodations for employees and choses. f Contractors and subcontractors with contracts m excess of 550,000 shall also pursue m good faith affirmative action programs_ g. The Provider shall cause the foregoing provisions to be inserted in my subcontract for any work covered by this Agreement so that such provisions shall be binding upon each subcontractor, provided tbst the foregoing provisions shall not apply to contacts or subcontacts for standard commercial supplies or raw materials. 11. EMPLOYMENT AND PERSONNEL ne Provider shall not engage any person in the employof my State Department or Agency in aposition that would constitme a violation of 5 MRSA § 1S or 17 MRSA § 3104. The Contractor shat not engage on a fall -time, parttimeor other basis during the period of this Agrcmmt, my other pereorrsel who are or have been at my time during the pound of this Agreemmt in the employ of my State Department or Agency, except regularly retired employees, without the wriften consent of the State Purchases Review Committee. Farther, the Provider shall not engage an tins project on a full-time, pert -time or other beau during the period of [Iris Agvement my reared employee of the De Wen=t who has not been refired for 9 lent one year, without the written crescent t of the Sidle Purchases Review Cor®ittee. The Provider shall cause the foregoing provision to be hustled in any sobcontact for my work consist by this Agreement so that such provision shall be binding upon each subcontractor, provided that the foregoing _. provision shall not apply to continues or subcontracts for simdarloownercial suppliesor raw materials..... . 12. STATE EMPLOYEES NOT TO BENEM Nounndividuati can dbb the Stmeet.the tirardsis Agreement is executed or my time thereafter shall be admitted to my abort orpart of dus Agreement or to my benefit that might arise therefrom directly or indirectly that would constitute a violation of 5 MRSA § 18 or l7 MRSA § 3104. No other individual employed by the State at the time this Agreement is executed or any time thereafter shall be admitted to my share or part of this Agreement or to my benefit that might arise therefrom directly or indirectly due to his employment by or fmmcied interest in the Provider or my affifiate of the Provider, without the written consent of the State Purobases Review Committee. The Provider shag cause the foregoing provision to be inerted in any subcontract fm my work covered by this Agrencomt so that each provisions sholl be binding upon each subcontractor, Provided [but the foregoing provision shall rot apply to comments or subcontaots for standard commercial supplies or raw materials. ,. AUREI d TOPURC SESERVIM "A FA couphur:doc 13. WARRANTY The Provider warrants that it has cot employed or contracted with my company or person, other than for assistance with the named study and preparation of a proposal, to solicit or secure this Agregarem and that it has not paid, or agreed to pay, my company or person, other than a bona fide employee working solely for the Provider, my fee, commission, percentage, brokerage fee, gifts, or my other consideration, contingent upon, or resulting mom the award for making this Agreement. For breach or violation of this warranty, the Department shall have the right to sound thus Agreement without liability or, in its discretion W otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. ACCESS TO RECORDS The Provider shat maintain all books, documents, payrolls, papas, accounting records and other evidence pertaining to this Agreement and make such materials available at ins offices A all reasonable limas during the period of this Agreement and for such subsequent period as specified under Maine Unifnmm Accountwg and Auditing Practices for Community Agencies (MAAP) rales. The Provider aball allow inspection of pertinent documents by the Department or my authorized representative of the State of Maine or Federal Crovenmiont, and shall donnish copies thereof, if requested. 15. TERMINATION The performance of work ander the Agreement may be terminated by the Department in whole, or in part whenever fm any reason the Agreement Administrator shall delennine that suchtemunationisinthebwtinterestofthe Depatmem. Anysuchtermimfionshallbeeffmtedbydeliva w the Provider of a Nature of Termination specifying the extent to which performance of the work under the Agreement is terminated and the data on which such termination becomes effective. The Agreement shall be equitably adjusted to compensate for etch tnvdvafion, and modified accordingly. 16. GOVERNMENTAL REOUIREMENTS The Provider warrants and represents that it will comply with all govemonemtl ordinances, laws and regulations. 17. GOVERNING LAW This Agreement shall be governed in all respects by the laws, statutes, and regulations of the United States of Ar erica and of the State of Maine. Any legal proceeding so= the State regarding this Agreement shall be brought in State of Mame administrative or judicial forams. The Provider consents to pemaruljurisdiction in the State of Maine. 18. STATE E[ELD HARMLESS The Provider agrees to indemnify, defend and save harmless the State, its officers, agents and employees from my and all claims, costs, expenses, injuries, liabilities, losses and damages of every kind and description (hereivafler in this paragraph refereed to as `claims') resulting from in arising out of the performance of this Agreement by the Provider, it employees, agents, or subcontractors. Claims to which this indemnification applies include, but without limitation, the following: (i) claims suffaal or wcurred by any contractor, subcontractor, rtateriahrun, laborer and my other person, firm, corporation or other legal entity (hereinafter in this paragraph referred t as 'person') providing work services, materials, equipment or supplies in connection with the performance of this Agreement; (u) claims arising out of a violation or uSringemem of my proprietary right, copyright, tredema c, right of privacy or other right wising out of publication, translation, development, reproduction, delivery, use, or disposition of my day information or other matter fomished or used in connection with this Agreement (ill) Claims aming out of a libelous or other unlawful matter used or developed in connection with this Agreement; (iv) claims suffered er incurred by any person who may be otherwise injured or damaged in the performance of this Agreement and (v) all leash corm and other expenses of defense against my asserted chairs to which this indemnification applies. This AGRBBPdLMTTOPM(IDe3BS®lV[CES BP54 Pq Complie¢cdoc indemnification does not extend to a claim that results solely and directly from (i) the Department's negligence or udawful acs or (u) action by the Provider taken in reasonable reliance upon an instruction indirection given by an authorized person acting on behalfofthe DepmtmeM in accordance with this Agreement - 19. NO= OF CLAIMS The Provider shall give the Con ram Administrator immediate notes m writing of my legal .action or suit fled related to my way to the Agreement or which may affect the perfurmmce of duties under the Agreement, and prompt notice of my claim made sgaimt the Provider by any sabcontru[or which may result in litgation related in my cosy to the Agreement or which may mem the performance of duties under the Agreement. 20, AFFROVAL This Agreement must have the approwd7 of the State Controller and the State purchases Review Committee before it can be considered a valid, enforceable document. 21. I.IABIIITY INSURANCE The Provider shall keep in force a liability policy issues by a company fully liceasel or designated as an eligible smplm line usurer b do business in this State by the Mattie DeparmrenlofR fessiorml&Fimncial Regulaton,BweairofJasurmce, whichpolityincludes the activityto be covered by this Agreement with adequate liability coverage to protect itself and the Department than suits. Providers insured through a `tisk retention group" insures prior to July 1, 1991 may emntinne coder that mmgemmt Prior to or upon execution of this Al a neer[, the Provider shall furnish the Department wild written or photocopied verification of the existence of such liability insurance policy. 22. NON-AFPROPRIATTON Nohvidemanding my other provision of this Agreement, if the State does not receive Widened d funds to fend Us Agreement said other obligWons of the State, if finds are de - appropriated, or ifthe State does net receive legal mlhorityro expend fiords from the Mame State Legislature or Herres cozens, then the State is not obligate! m makepayment under tris Agreement 23. SEVERABO,ITV The invalidity or menfomeability of my pmtcular provision or pmt thereof of Us Agreement shall not affect the remainder of said provision or my other provisions, and this Agreement shall be construed in all wspea s. mifsuch invalidocmenlb rc_mbleprovision orpart thereofhsd beenomitted. M. INTEGRATTON All terms of Us Agreement are to be interpreted in such a way as to be consistent at all times with the terms of Inner B (except for expressed exceptions to Rider B included in Rider C), followed in precedence by Rider A, and any remaining Riders in alphabetcal mean. 25. FORCE MA]EURE The Department may, at its discretion, excuse life performance of an obligation by a party undm this Agreement in the event that performance of that obligation by that party is prevented by an set of God, set of war, rlo4 fine, explosion. flood or other catastrophe, sabotage, severe shortage of fuel, power OT rew materials, change in law, court order, national defeme regniremmt, or strike or labor dispute, provided that my such avmt end the delay tamed thereby is beyond the control of, and could not reasonably be avoided by, that party. The Department may, at its discretion, extend the time period for prof ce of the obligation excused under this section by the period of the excused delay together with a reasonable period to reinstate compliance with the temps of Us Agreement AGRE9M6Ni iY1 PURCttASE SE2VIC6S BP54 EA CoaminnceAoc 26. SET-OFF RIGHTS The State shall have all of its common law, equitable send statutory rights of act. off. These rights shall include, but not be limited m, the State's option m withhold for the purposes of setoff any monies due to the Provider under this Agreement up to any amounts due anal owing to the State with regard W this Agreement, MY other Agreunent, any other Agreement with soy State department or agency, including any Agreement for a term commencing prior as the term of this Agement, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary, Penalties relative thereto. The Stare shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Controller. 27. ENTT AGREEMENT This document contains the entire Agreement of the parties, coal neither party shall be bound by my smtemmt or representation not contained herein. No waiver shall be deemed to have been made by my of the patties unless expressed in writing and signed by the waiving party. The parties expressly agree that they shall rent assert in any action relating to the Agreement that my implied waiver occurred between the parties which is not expressed in writing The failure of my party to insist in my one or more hIMM es open strict performance of my of the tams or provisions of the Agreemevr, or to exercise an option or election and" the Agreement, shall not be constraed as a waiver or reliwluislment for the future of such tams, provisions, option or election, but the same shall continue in full fume and effect, end an waiver by MY party of my one Or more of its rights or remedies ander the Agreement shall be deemed to be a waiver of MY prior or subsequent rights or rmedy under the Agreement or at law. . rlSNV:F. AGRERb1+NT )`Uft(i SESERVICPS _ BPM BO 0004 a e-dac RIDERG _ IDENTIFICATION OF COUNTRY IN VtHl B CONTRACTED WORK WILL BE PERFORMED Please identify the country In which the services purchased through this contract will be Performed: United Btatas. Phase identify state: h1B Other. Please identify countN:.__ NogEcatlon of Changes fo the Informallon The P ovitler agrees to nolfy the ONision of Purchases of any changes to Me InMnnabon MovMe above. .353N vlgl 3o biSiAlO 61�yEINlMIPoji