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Home My WebLink About2006-01-09 06-058 ORDERCOUNCIL ACTION January 9. 2006 Item B3 644J Item/Subject: Order, Authorizing City Manager to Execute a Grant Agreement with the Maine Department MTranspottation — USM Boating Infrastructure Grant Program for Transient Docking Facility. Responsible Department Engineering Commentary: As the Council isaware, the City plans to install a heavy vessel docking facility onthe waterfront this year. The project will accommodate cruise ships and other large vessels and will include an ADA compliant gangway system. The Council approved acceptance of $944,000 in Federal Ferry Boat Discretionary Funding for this project and it is currently out to bid. This funding may not be sufficient to do the full project as designed, so the bid is structured for animum basic project with additive alternates to undertake the full project if funding allows. In anticipation of this, the City also applied for supplemental funding under the U.S. Fish and Wildlife Service Boating Infrastructure Grant (BTG) Program, which could provide up to $100,000 in Federal funds. we have received eived approval of our BIG Program request for the full $100, OOG. will require a $25,000 local match. The attached Order authorizes the City Manager to execute the BIG Grant Agreement. A copy of the Agreement is attached. James D. R Department Head Manager's Comments: City Manager Associated Information: Gv.JI` Budget Approval: Finance Director City Solicitor Introduced For Consent X Passage _ First Reading Page I of I Referral 06 058 A igned MComoflor mraMck Sanunny 9, 3006 CITY OF BANGOR (TITLE.) ORDER, Authorizing City Manager to Ezecute a Grant Agreement with the Mahe Department of Tranaporration —USM Boating Infrastructure Grant Program for Transient DorJdng Fatilll ORDERED, TBAT the CAy Manager is hereby authorized and directed to execute a Grant Agree mm with the Maine Department of Transportation to secure funding for installing a transient doddrg fadlity under the U.S. Fish and Wildlife Service Boating InfrasWcture Grant (BIG) Program. A mpy of the Agreement is attadMd. I9 CITY COMCIL Savaary 9, 2006 Motion Mede and Seconded for Passage Ps d 4L LA Q CISY CLB Aathorizinng the City Managerto LOeepaatoent of Transportation USW ogta or Transient Docking Facility o,topett to �,... G: Lug OE; On Grant Agreement Bea - The Municipality of$angor State of Mame Department of Transportation This AGREFNtEN'f is made this dayof 2006, by and beoveentbeM DEPARTCvIENt OF TRANSPORTATION, an agency of the State of Maine, having its principal office in Augusta, County ofKemvbec, Stale of Maine (e¢anaft¢ called DEPARTMEN'1), endthe CPFY/COWN OF BANGOR, amunicipal corpomtion and body politic, having its principal office in Bungor, county of Penobscot, State of Maine(lureivafter called MUNICIPAL=) for the purpose of installinga transient docking facility Including float 6911Un.MOVI1 Whereu, Congress passed the Sport Fisbing aM Boating SafetyAct of 1998 with the purpose ofimpmvhy facilities£ recreational haysiw[boatr ov¢26'in 1®gth. Under the Act, tee U.S. Fish and Wildlife Service (USFWS) conducts the Boating In@asnucaue Grant(BIG) Program; and. _ Whereas, the Maiae Depar(ment ofldand Fisheries and Wildlife, the State agency designated to receive and administer funds from the U.S. Fish and Wildlife Service, has delegated authority for the administration and oversight of the Boating Infissthrctme Grant Program to the Maine Department of Transponation through an Interagency Agreement, dated Febravy 27,2001; and Wham the DEPARTMENT is authorized by the USFWS to alW ate (fie Hundred Tbousand Dollars (SI00,000) amually for the Boating Infiasonctu a Gam[ Program in Maine; no 6 ' Whereas, this Agreem®t sets out the tams of the DEPARTMENT'S grant to the municipality, KSKI 61 NOW, THEREFORE, m cmaidemtioa ofthe foregoing, the parties hereto agree as follows: ARTICLE I. DEFINITIONS Wben used withm Itis Agreement the following terns shall be defined as follows: Proiec[: Theprojendesrsiptionassetoutmthe MUNSCIPALITY'SBoating Wxaa¢vcnne Grant Program letter ofiaterest herein incorporated by reference. Pmgam Mamaser. The pereoa deaigoared ser the DflPAATMENT'S xepresmta¢ve during the period of this Ageemeat Proiecl Manage: Theperaond goatedbythe MUNICIPALI1 ProjectM ge during the period of this Agement. ARTICLE H. SCOPE OF PRO.IECTIGENERAL PROVISIONS A. The DEPARTMENT agees 0reimbume the MUNICIPALITY up to One Hundred Thousand Dollars ($100,000) subject fo the pmv sioas set forth below. I. The MUNICIPALITY will be msponsble for obtaining the engineering,design and construction seuvices for the PROSECT. Project funds maybe epended for myjneerm& design and coostructon services for the PROJECT. The DEPARTMENT will act m areview and advisory capacity, eusadng compliance with applicable£( de me and statemgly, o1lseprocedmeasedbythe MUNICIPALITY [o select and employ, consultants and contractors; shall be a method approved by the DflPARTMPNT.. 2. Under no cimvmrtance may PROJECT funds be expended for my non-public parpose without the MUNICIPALITY fust having received written approval of such expenditures from Abs DEPARTMENT. ARTDCLEIII. PROJECTDEVELOPMfJW A DESIGNAND CONSTRUCTION Ifthe PROJECT involves cansttuction, the MUNICIPALTTY agees to puxsuemo following outlinoi program ofdevelopment for design and rn smwtion of the PROJECT. 1. PB S. To cbtai l nec=s Fede g and Sm peen for the PROS ffi 2. FN fioPLANS. DEPARTMEaVT. - 2. EkRTN LATS. Tosubmitand appromal nig Upon andspecipwttal s tohim the DEPARTMENT for review and eppxovaL Upon written approval Goan the 06 058 DEPARTMENT of the Final Design Plans suet Specifitafions, the MUNICIPALITY agrees m follows: a Tosohcitpropos0st oughpublida vatisementinonenewspapawith statewide PROM randonenewspaperwithlocalcirmlamon PRO muazeipatity comethe PROTECTislocated, frommtrd tion firmsfor Ne PROJECT mnshuction mdivatallaRo¢avdb ascovshuction covhacta for [tie PROJECT to acompetent and Qualified construction firm on a competitive basis. b. To arrange precaysnvetign meetings with the mnsbv ion firm ehosm to build the PROJECT. The following persons sball be given three (3) working daye wattmnoticemdmopportunilytoattendsaidmee6w s: the DEPARTMENT'S Program Manager and hiAea other repre mta rve, and the MUMCIPALITY'S ProjectMmager. c. Topmvidemvshuctionovemightsu amttomsurecompomcemi ffie Constied it tams to DEPARTMENT Accessmel to PROJECT site shallw provided at all times b DEPARTMENT Pmsomel m movtor rompliavice with ' this Agreement ARTICLE N. REJMBURSEMENT/FTIVANCIAL PRTrmloNS A RE VJ3(Jp SEMENT No PROTECTexpmdib¢esshalloccurpaorww amacceptanceofenvironments] docum®talionbytha U.S. Fish and Wildlife Service amd receipt ofa Cully executed grant agreemem between the MUNICIPALClY and the Dffi'ARTMENT. The MUMCIPALJTY agrees that PROJECT fords shall be disbursed as reimbursements Participation by the DEPARTMENT m reimbursing the MUNICIPALTTY for expmdibnes made toward PROJECT design, constrocbon too i¢stallaum is mntingemt upon the following: 1. ToWmimbms=mtbythe DEPARTMENTtothe MUMC�A WshallnMmmed 750/,ofprojectexpenditures,uptoamaximumofl eHundred Thousmd Dollars (SIMOOO). , 2. No reimbursement shallbemade unless the MUNICIPALITY shmEhave first paid the invoice and sloW tiave submitted said ieceipted invoice and proof ofpaymmt to the DEPARTMENT. - 3. The MUMCIPALITY shall guaraINee payment of its 25% batch ($33,3i3) in such form a>a by such means as are acceptable to the DEPARTMENT. It stiaU be understood that"m-1and" services shall not qualify for local rr i However, all expenditmesf project ciesig ccsmtocdon andivstallatiw as desmbed m previous tmfions, tool] be ebi ible. 4. The DEPARTMENT agasfo review all suchrequests forpaymmtbytbe MUNICPALn Y witbin tba y(30) days aftareceipt thereof and m froward approve i' foodsasexpeditiouslympossibleathewrittmregaesthasbeeareceivedand accepted. The DEPARTNMNTwillnotifythe MMCIPALTTYinwmingofmy rejec[ionofaraquesbfs=mbmsemem RTNereasomtha to Allregvetts for - DEPATe sballbe sent m We DEPARTMENT toted attention X1. DEPARTMENT'S Program Managaazme address stated in Article HI. ARTICLEV. USE ANDMATNTENANCE The MUNICIPALITY covenants and agneas mat the PROJECf, upon its completion, is interested be utilisedm atransient docking facility lncludiag floats. The MUNICIPALITY further agrees to maintain rad operate the completed PROJECT az all ten masafeand maitarymamer, m complywimallFedeul, Stateandmunicipal laws, mdiv s,tolesmdreguUtionsandwrequireanydiedpartywitrwhomitdealsor controls m so comply. Projects shall be available on a fair rad equimble basis to all cimeas of the State ofMaioe. The MUNICIPALITY frother covenmts end agrees to maintain the completed PROSECT for the above purposes for a minimum term of meaty (20) years from completion of me PROSECT, and to commence the construction of the PROJECT on or before lune 30, 2005. After said twenty (20) ynx period, the MUNICIPALSTY may use the PROJECT£ any public purpose. The DEPARTMENT agrees to review all such requests for paymem by the MUNICIPALITY within witty (3 0) days ata receipt thereof and to forward approved funds as expeditiously as possible after the written request has been received and accepter. The DEPARTbtENTwillnotifythe MUNICIPAIST mvnitingofany rja ofare uestforreimbumementmdthereasonsmerefore. All requests for reimbursemem shall be sent m the DEPARTMENT to Ne attention of the DEPARTMENT'S Program Manager at the address smled iu ARTICLE.X A UCLE VL PROCEDURES All agreements and contracts between the MUNICIPALITY and third parties required no fulfill the terms of this Agreement sball be m accordauee with Federal, Slate and local requirements. ARTICLE VII. AfmtmM TAIN RECORDS The MUNICIPALSTY shall maimain records of all of its dealings wiN third parties as centred with this Agreement including but not limited to commas, plans and specifications, correspondence, phone logs, inspatimreports, authorizations of payment, charge codas, receipts, proof of disbursements, and eery and all otherrecords associated with said PROTECT and shall make said records available for inspection and audit by mufferized representatives of 60 DEPARTMENT 9 Al reasonable times. These records shall be maintained for aperiod of a leant ant (6) years after the completion of the PROTECT. Y_CNAILki f i DOM a �J ]his Ageemevtmaybeterminiatedbymutoalwmmtofthepa es. madalmon the DEPARTMENT reserves thenghtto forthwith intricate the paymeutpmvisums offhis Agre mtintbeevatofmymbsmntialdefaaltbytleMUHIC1PA =. Substantial defau t shall include but shag not be limited to: 1. Division of my of the foregoing movies to a we other than is authorized by this Agermem; 2 Failure to adequately monitor the quality of workmanship and/or materials used on the PROTECT; 1- 3. ascontivumes ofihe prosecution of the work beyond a reasonable time; 4. Failure to adegramly murder progress of the PROTECT; 5. For any other cause whateverthat substantially impedes the progress or quality ofthis PRO=; 6. Failure to, in good faith, cavy out the intent ofthis AgrmenS. ]. War hofmymaterialpmvisioneftivs AgKe . days ay DEPARTMENT shall give the MUNICIPALITY notice, in writing is mu ci daysof Teaming 17IT rasubstantialdefault mdaid nod= the DEdefaultisnot curt' the MUMCIPAGRE w ENT.m (10) days of said vo6ce, (he DEPARTMENT may termimte this AGREEMENT. in the evert that my contract or agreement entered into with othem by the TaTMCiPALIll pumtaut wthis Agreement is terminated or breached, the - MUNICIP=Y shall bear all penalties, costs and legal£ associated with such [amination or bremh, without recourse to the DEPARTMENT. UNess sooner terminated an otherwise indicated in this Agreement by specific article, this Agreement shall expire on December 31 2007 ` ARTICLE 1X. INDEMNIITICATION The MUNICIPALITY shall rvdemnify and hold harmless the US Fish and Wildlife Service, the DFYARTMENT and its agents and employees from any and all claims, actions or liabilities of my nanne whatever arising out off ere negligence or my other an or omission ofM[1NICTPA111Y or its agents, servants, employees or independent contractors mthe acquisition Of interests in, or in the ownersrp, use, construction, operation, or murmevance of me PROJECT The MUNSCIPALffY agrees tint, m nay agree heats or contracts forwmk to be performed in whole or in part of the PROTECT lard, it will require liability insurance anenstea with or iv sof the limits ofdo, Maine Tort Claims Act pmvinono is effect and will require each contractor to name the State of Maine Department of TranspmtaRon and the Citytrown of Bangor as a namN iwured. FA el cm16EaUelI W o All notices required personal to this Agre®mt shell bemailed as follows: TO DEPARTMENT: TO MUNICIPAMTY: State of Maine - Chy/Town of Bangor Deparhaevt ofTmosportatiov 73 Harlow Street 16 State House Station Bangor, Mame W401 Augoata,Maiae 04333-0016 Atm: Robert D. Elde, Dirxtor Officeof Fmight Trmsportation IN WTI NESS WHEREOF, the DEPARTMENT and the MUNICEPALITY, by their duly authocize3 xepxesevmaves, have executed live Agreement m Eve originals as oftbe day. and data fits[ above written. STATE OF MADJE CTTY/TOW OF DEPARTMENT OF TRANSPORTATION Bangor David A. Cole, Commissioner Edward Barrett, Manage